HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-521 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 16, 2005,by the following vote:
AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkerna
NOES: None
ABSENT: None
ABSTAIN: None
�StUT ON NO 521
SUBJECT: Approving the Drainage improvement Agreement for DA 04-00037(cross-reference
Subdivision.99-08331), being developed by Danville Tassajara Partners, LLC,
Danville area. (District 111)
The following document was presented for Board approval this date for,drainage acceptance file DA
04-00037 (crass-reference Subdivision 99-08331), property located in the Danville area,
Supervisorial District III.
A drainage improvement agreement with Danville Tassajara-Partners, LLC, principal,
whereby said principal agrees to complete all improvements, as required in said drainage
improvement agreement,within one year from the date of said agreement.Improvements generally
consist:of drainage improvements.
Said document was accompanied by security to guarantee the completion of drainage
improvements,,as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action taken
and entered on the minutesofthe Board of Supervisors on the date
shown.
Originator.Public Works(ES)
Contact Teri xie(313-2363)
Tit:rm ATTESTED AUGUST 16, 20Q5
c:: Pubic Works osT.Bell, sazo: J0�SWEETEN Clerk of the Board of Supervisors and County
cc: Pubic Works- T.Bell.Consmtcdtan p
T—May 16,2006
Danville Tassajant Partners;LLC Administmtor
6121 Bollinger Canyon Road,,#500
Sap Ramon CA 94583
The Continental Insurance Company
2600 Lucien Way,Suite 130 9-1
Maitland.Kepner By _. 'Deputy
Atte:Jane 1CK epuer
RESOLUTION NO.m5621
SUBJECT: Approving the Drainage Improvement Agreement for DA 04-00037 (Gross-
reference Subdivision 99-08331), being developed by Danville Tassajara Partners,
LLC, Danville area. (District III)
DATE: August 16, 2005
PACE: 2
I. Cash Bond
Performance Amount: $2,300.00
Auditor's Deposit Permit No. DP446032 Date: June 13, 2005
Submitted by: Danville Tassajara Partners,LLC
Taxpayer identification number: 20-1461254
II. Surety Bond
Bond Company: The Continental Insurance Company;
Bond Number and Date: 929367263 May 23, 2005
Performance Amount: $223,100.00
Labor&Materials Amount: $112,700.00
Principal: Danville Tassajara Partners, LLC
NOW, THEREFORE, IT RESOLVED that said drainage improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2005/521
i
DRAINAGE IMPROVEMENT AGREEMENT
Subdivision: DA 0037 (x-ref SUB 833 1) Effective Date: "'
Developer: Danville'Tassaiara Partners, L.L.C. Completion Period i year
DANVILLE TASSAJARA PARTNERS,LLC, i
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: a Delaware limited liability company
By: Lennar Homes of Califomia,:Inc.
CONTRA COSTA COUNTY DEVELOPER a California corporation,
Maurice M.Shit:,Public Works Director Its Managing Member !
jfE "'.... r r
By: (signat�.) }
(print name' tle)L 3ochim,Vice Pre ident 4
RECOMMENDED FOR'APPROVAL
I I
5 f — t
By: (signatu _�
Engineerittg a iAftivisjon (print name&title)Paul kwAer,'Asst.Secretary i
r
FORM APPROVED: Victor J.Westman,County Counsel
(NOTE: All signatures to be acknowledged.If Devetoper is incorporated,sibmatures must
conform with the designated representative groups pursuant to Corporations CodeS3 13.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Cour ,"and the above-named
Developer,mutually promise and agree as follows concerning this acceptance:
2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant
equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and !
in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a
i
good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County
Ordinance Code and rulings madethereunder;and where there is a conflict between the improvement plansand the County Ordinance Code,the stricter
requirements shall govern. t
r
3. IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County;
A. For Performance and Guarantee: $ 2,300.00 cash,plus additional security,in the amount of$ 223,1 00.00
together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,.certified check,or cashier's check.
X Acceptable corporate surety bond:
Acceptable irrevocable letter of credit.
i
With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion
and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 112.700.00 which is fifty percent(50%)ofthe estimated cost of the work.
Such security is presented in the form of
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
i
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing
labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,
the amount of the securities may be reduced in accordance with S94-4:406 and S94-4.40$ of the Ordinance Code.
i
I
PP
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and
shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article
96-4.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. E
5. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as j
promised in Section 2 and as required by the Conditions of Approval for the development. If,at anytime before the Board of Supervisors accepts the work
as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever
changes are necessary to accomplish the work as promised.
i
i
6. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or
employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part`
of said work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this
agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of I
the terms and conditions hereof.
i
s
1
7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: i
A. The indemnities benefitted and protected by this promise are the County and its special district,elective and appointive boards,
commissions,officers,agents and employees.
B. The liabilities protected;against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of
actions defined below,and including Personal injury,death;property damage,inverse condemnation,or any combination of these,and regardless of
whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as
complete,and including the defense of any suit(s),action(s)or other proceedings)concerning said liabilities and claims.
C. The:actions causing,['lability are any act or omission(negligent or non-negligent)in connection with the matters covered by this E
Agreement and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them.
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has i
prepared,supplied,or reviewed anyplan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification S
covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity.
8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
9. NON-PERFORMANCE AND COSTS. If Developer fails to complete the work within the time specified in this Agreement,and subsequent
extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contractor otherwise,and Developer agrees to
pay all costs and charges incurredby the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately
upon demand:'
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer
subsequently proceeds to complete the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer
agrees to pay all attorney's fees,and all other expenses of litigation'incurred by County in connection therewith,even if Developer subsequently proceeds
to complete the work.
10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign
to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights. j
i
I
I
RL:kw
C:\DOCUMr—l\bbalanga\LOCALS—t\Temp\Drainage Improvement Agreement.doc I
Rev.April 6,2000
i
I
i
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof Contra Costa
On MAy 20,2005 before me,Karen L. Keenan,Notary Public,personally appeared
Lynn Jochim&Paul J. Menaker,personally known to me to be the persons whose name
are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the
persons, or the entity upon,behalf'of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
KAREN h i N/iN
Cortwilow 13 $B27
Notary(cubic-Ca�forrrla
Contra Costa County `
Sign re of Notary P lic My COMM,EXpkres(\- 7.
L
3
1
S; g
� o
Alto)
�„ :a�, +,a�Ks.. r' i r5• n"1"'.� t r'„br ;,� � i• r,.�+k._}�. ��: � _ ,�Ui>a.. �. ;� %k t.,n. }}'a�:4� k„�'��'$ � k d
e 9 Y S. ,s.3• 'i M1`r' #A 3-� 1 �fi"` s�::.',7 9 t +'� -,�ir V ry �'
�, .l� �- u+,,.�`�:�. r 'c ±< -+ � _c°�a 4 S� z �,,F r�ty,k` sb �!'v g8•�7 "=� 3<'��x�dt � ,� � 3��'nyg -i � �,m%:� �r L.a3"�'`�+#g#!,.. J "4� � :
v
� G � ,+;�",�" .A i,En-✓, z F ur a �,�� S `,&'� � �.,v:� I rzr .�+'" ',` " `��' hfi t '�� ::�� !
f 3_3 Nb
P ;. 'x t�"�+ t Y:'-� ,, �s; '' a.�., v.+� ,e.a#m'� �6 � z y x= �;"'•-��,���e` �"moi 1. �`�s"�.w r � j�a" �� t� ia��4 rk�S,;k.� s��, ` S i���x 's
egs z-`�`
WW
1r
F5
�. s :� a - �' r! '�' k�f �.� a ��',,.�at, �.;. 4 s#�;:6 '� # Ic�•�� t;'���E m.,iPm'z�:.i�c�r F, k.� 9 �
x4
�`P
�... - �.e+ � '2'�-..,fir #• �'3 � +'a�`'.e u s.; s u .y,:. "�"� f... ssy #,.�.-,Y -.ik2'7' `;:{ 'k�#��_`�_ s& �'�. '"h��;;,. +'wx y�e�a�r k!�,. ,a tt �;'� x-::��i,E{ �`� r
i�.,''M ON
s
rl
A - � a s � ro 5 4fC�Sen ss a
x�
x
5
"'m�'.,"
�paws�+�
s t �p Qm
AME
r
EWE
EIN i
HIS low
N
VA
lot
- - v
t.VU1V I T tJi'L�i1`€1 KA�rW,1H
' FI510E c)F cCjUNTir AUC1�Otf=crra11: i
Ju►A T�to CALI. kNIA
C)RC#ANIZATIC>N NUMOO
I tmh Ccillec td.PfoceduFe�sass Caunty Aa�iiinkltn of°�Sulld#iti 106.)
1�ESCRIPTIC�1*i' . PUNI3JORG, TASK QPTtiJ1~I ACTMTI' AMOUNT
r r
•� '.) 1 � L'S'E�+'
_ E
J .t t ,6i I lJit
...x / it
1
{ }+1
yy
I
1
i
1
i
i
1
EXpI.ANAT)C : T�7fAl +
be IT
beposit comith cf fhe foRdWing ifeft
COIN and UiRENCY $
CHECKSA,STC. $
6ANK Ci POSIT$ $
FOR AWTOR-CONTROLLER C1NLY
DEPOSIT - 1
PERMIT dp
N"ER
ASSIGNED
The c wtmt of money described�5bove is#er 1'reastl4es mcbipt b#above amount is�ciPptowed. Receipt c#'above aiimoun#is hereby
deposif into#nae Coultty acknowledged.
Ej Signed: ea:_
Title �` fl G"r 1:XT. >- f k° t)eputyCaun#y Aird Ear • Geputy aunty T'reasuw-
D-34 REV.(7-93)
0649.9665 / 112300: G1161569, $13.700.00, DG04-00037, Drainage
Improvement Agreement Inspection Fee, Danville Tassajara Ptrs., LLC, 6121
Bollinger Canyon Rd., Suite 500, San Ramon CA 94583
0649-9665 / 112300: G1161570, $4.328.00, RA01-01160, Land Plan Cheek
Deposit, Shapell Industries of Northern California,;100 N. Milpitas Blvd,,
Milpitas, CA 95035
819800-0800: G1161546, $17,300.00, RA 02-01141, Cash Bond, Windemere
BLC Land Company, GLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
8198010-0800: 01161557, "$2,700.00, DG 04-00044, Cash Band, Danville
Tassajara Ptrs., LLC, 6121Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800.0800: G1161559, $2.300.00, 5099-08331, Cash Band, Danville
Tassajara Ptrs. LLC; 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: G1161561, $10:500.00, RA04-01173, Cash Bond, Danville
Tassajara`Ptrs., LLC, 6121 Bollinger Canyon Rd.', Suite 500, San Ramon, CA
94583
819800-0800: 61161565, $1,§Q0.00, RA04-01162 Cash Bond, Danville
Tassajora Ptrs. LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800• G1161567, $2.300.00, DG04-00037, Cash Band, Danville
Tassajara Ptrs., LLC, 6121 Bollinger Canyon Rd.., Suite 500, San Ramon, CA
94583
0649-9665 / 112300:: G1161526, $1.500.00, FS 0500037, Flood Control,
Passport Homes,Inc., 7950 Dublin Blvd.., Suite 203, Dublin, CA 94568
0649-9665': / 112300: £1161530, $20, 100.00, RA 04-03168, > Road
AcceptanceReview, Shapell Industries of Northern California, 100 N.
Milpitas Blvd., Milpitas, CA 95035
0649-9665 / 112300: G1161533,; MS 01-0020, Wilbur T. & Arlene S Daly
III, 624 Hidden lakes Dr., Martinez, CA 94553
$1,019.89, Map Check
$2.755.46, CDA Compliance Check, no Improvement
0649-9665 / 112300: G1161536, $90,000.00, SD 99-08331, Inspection Fee,
Danville Tassajora Ptrs., LLC, 6121 Bollinger Canyon`:Rd., ;Suite 500, San
Ramon', CA 94583
0649-.9665'` / 112300: G1161547, $81.400.00, RA 02-01141, Road
Acceptance Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger
Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: G1161558, $15.600.00, DG 04-00044; Drainage
Improvement Agreement Inspection Fee, Danville Tassa,ara Ptrs. LLC, 6121
Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665' / 112300: G1161560, $18,800.00, SD 99-08331, Landscape
Improvement Inspection, Danville Tassel jara'Ptrs. LLC,'6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0649-9665' / 112300: G1161563, $50;400.00, RA 01-01173, Road
Acceptance Inspection Fee, Danville Tassajara Ptrs., LLC, 6121 Bollinger
Canyon Rd., Suite 500, San Ramon, CA 94583
03649.9665 / 112300: 01161566, $20,700.00, RA01-01162, Landscape
Inspection Fee deposit, , Danville Tassajara'Ptrs., LLC, 6121 Bollinger Canyon
Rd., Suite 540, San Ramon, CA 94583
Executed in Duplicate
Development: DA 0037 (x-ref SL1B 833.1).
Bond Na:929367263
Premium: $1,116.00
FOR DRAINAGE ImpROVEMENT ACRUMENT
(Performance,Guarantee,and Payment)
(California.Government Code §§66499-66499.10)
1. I CITAL of DRAiNAG£ IMPROVEMENT AGREEMENT: The Developer (Principal) has executed an
agreement with the County on Contra Costa, California to install and pay for drainage and other
improvements DA OM 7 w f 11) "To complete said work vAihut
the time specified for completion in the Drainage improvement Agreement,all in accordance with State and
lxaal law and rulings.
2. OBLIGATION' anville Tas a p ers L.0 ,as Principal, and
The Continental Insurance Company ,acomorattonorgani2edexisting
under the laws of the State of N pshire and at orixed to transact surety
business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California.to pay as follows:
A. Performance: Twci Hun a Twe ree Thousand and C?ne e d 00/100
(S 223 100.00 )for the County of Contra Costa or any city assigneeunder the above County
Road Improvement Agreement,plus
B. Fayrrtent. Qriewe ve usarxd and Seven Hundmd and 0110a
($_ 112,700.00 )to secure the claims to which reference is made iii Title 15 §§ etscq.of the
Civil Code of the State ofCalifornia.
3. CONDITION:
A, The Condition ofthis obligation as to Section 2.(A)above is such that if The above bonded Principal
or heirs,executors,administrators,successors or assigns shall`in all things stand to and abide by and
well and truly keep and perform the covenants,conditions and provisions in the said agreement and
any alteration thereof made as therein provided on it or its pan,to be kept and performed at the time
and in tht mawer Therein specified and in all respects according to their true intent and meaning and
shall indemnify and save harmless the County of Contra Costa(or city assignee)officers,agents and
employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be
and remain in full force and effect.
As part ofthe obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs,expenses and fees,including reasonable anomey's fees,incurred
by the County of Contra Costa or city assignee,in successfully enforcing such obligation,all to be
taxed as costs and included in any judgement therein rendered.
B. The condition of this obligation, as To Section 2.(B) above, is such that said Principal and the
undersigned as corporate surety.are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor of
any kind or for amounts duo under the'Unemployment Insurance Act with respect to such work or
labor and that undersigned surety will pay the same in an amount not exceeding the amount herein
above set forth and also, incase suit is brought upon this bond, will pay, in addition to the fact
amount thereof,reasonable costs,expenses and fees,including reasonable attorneys fees,incurred by
the County of Contra Costaor city assignee,in successfully enforcing such obligation,w be awarded
and fixed by the court all to be taxed as costs and to be included in the judgement therein rendered
it is hereby expressly stipulated and agreed that this bond, shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082 ofPaxs 4 of Division 3) of the Civil Code of the State of California, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the work under the conditions of this bond be fully performed, then this obligation shall
become null and void; otherwise,,it shall be and remain in full force and effect.
C. No alteration of said Drainage improvement Agreement or any plan or specification of said work
agreed to by the Principal and the County shall relieve any Surety from liability can this bond and
consent is hereby given to make such alteration without further notice to or consent!by Surety and the
Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEATED:
The undersigned exemned this document on May 23, 2005 J41r)
DANVILLE TASSAJARA PARTNERS, LDC,
a Dela are limited labii y company
B t Lennar Homes o Ca i ornia, Inc. , SURETY: THE CONTINENTAL COMPANYPRII iCIPAL: a Cad,. orn a QrRora ion,
its Mariaging Member
Address: 6121 Bollinger Canyon Rd_. ate-4500 Address: 2600 Lucien Way, Suite 130
City: San Ramon CA City: Ma nd, FL 32751
By: f By:
Print Name: David E ons Print Name: Jane Kepner
Title: Vice President Title. Attorney-in-Fact
Attorncyin-Fact
µhwai�4tswfiO.w.YnK„ry8a,a,Fiyrvt,h9tlw�PtlreOuDWh•,utQOC
R,.y„gis r7 �9Cl0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of'California
County of Orange
On May 24, 2005 before me, Dina Printy, NotaryPublic, personally
appeared David Evans, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature
on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal. DMk PRIWr'
Commission#1453610
Notary Public-California
Orange County
My COMM,Expires Noy.28,2007
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING:
Corporate Officer-Vice''President Lennar Homes of California Inc.
DESCRIPTON'OF ATTACHED DOCUMENT
Type of Document: Surety Bond No. 929367263
Number of Pages: Two (2)
Date of Document: May 23, 2005
Signers(other than those named above):Jane Kepner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of grange
On May 23 2005 before me, Ashley K.Ward,Notuy Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Jane Kepner ,
NAME(S)OF SIGNER(S)
personally known to me-OR- ❑ proved to me On the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacty(ies), and that by his/her/their
AsiLEY `wAat� signature(s)on the instrument the person(s), or the entity upon
Commission#1483685 behalf of which the person(s) acted, executed the instrument.
Notary Public-Calltornio
. orange County
My Comm.Expires Apt 16.28 WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL'
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) L
IMITED
GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S) ;
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-40671GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91308-7184
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know.All Men By These Presents,,That-The Continenta{Insurance Company,a New Hampshire corporation,and Firemen's insurance
Company of Newark,New Jersey,a New Jersey corporation(herein called'"the CIC Companies"),are duly organized and existing
corporations having their principal offices In the City of Chicago,and State of Illinois,and that they do by virtue of the.signatures and seals
herein affixed hereby snake,constitute and appoint
Mike Parizlno,Linda Ennght Rhonda C.Abel James A. Schaller,Jane Kepner,Nanette Marietta-Myers,Patricia H.
Brebner,Alexis H. B an,Leigh McDonough,Individually
Of , Irvine,California
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bonds,'undertakings and other obligatory instruments of similar nature
---In Unlimited Amounts---
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed,
This Power of Attorney is made and executed pursuant to and by authority of the fay-Law and Resolutions,printed on the reverse
hereof,:duly adopted,as indicated, by the Boards of Directors of the corporations.
In Witness Whereof,the CIC Companies'have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 2nd day of April,2002.'
• ��+ 'Qy , Opti.. - •..,, ���
�r The Continental Insurance Company
Firemen's Insurance'Company of Newark,New Jersey
•".��� ��'��.•" �p,�'.�..�;ry'i�*�` -•rte'~! "'„f_
Michael Gengler Group Vice President
State of ltiinois,County of Cook,ss:
On this 2nd day of April,2002,before me personally carne Michael Gengler to known,who,being by me duly sworn,did depose and
say:that he resides in the City of Chicago,'State of Illinois;that heisa Group Vice President of The Continental Insurance Company,a New
Hampshire corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation described in and which executed
the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that
they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to
like authority,and acknowledgessameto be the act and deed of said corporatlons:
OOFFICIAL SEAL" r ,
DIANE FAULKNER
Notary Pubtia,$tote of Illinois
My Commission Expires 9/17/05* CL /nA✓
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A. Ribikawskis,Assistant Secretary of The Continental Insurance Company,a New Hampshire corporation,and firemen's
Insurance Company of Newark,New Jersey,a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth'is
still in force,and further certify that the By-Law and.Resolution of the Board of Directors of the corporations'printed on the reverse hereof is still
in force, Intestimonywhereof i have hereunto subscribed my name and affixed the seat of the said corporations this 23rd day of
May
The Continental Insurance Company
: ,ve i ;* Firemen's Insurance Company of Newark,New Jersey
Mary A Ribikawskis Assistant Secretary
(Rev. 10/11/01)
Authorizing By-Laws and.Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY;
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13th day of January,
1989:
"RESOLVED,thattheChairman of the Board,the Vice Chairman of the Board,the President,an:Executive:Vice President,,a Senior
Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and:all contracts
of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is,
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company.
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and In the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."-
ADOPTED BY THE BOARD OF DIRECTORS OF FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY;
This Power of Attorney Is granted and is signed by facsimileunder and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY by unanimous written
consent dated the 13th day of January, 1989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior
Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts
of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is,
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company.
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed toany such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to anybond,undertaking or contract of
suretyship to which it is attached."
In.accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds and certain Durance policies on wbith one or more of the
Writing Companies identified below is the surety or insurer.
To principals on bonds and insureds on certain insurance policies written by any one
or more of the fonowing companies (cdlleczt ve the "Writing Companies") as surety
or i user: Western Surety Company, Universal Surety of America, Surety Bonding
Company of America, Continental Casualty Company, National Piro Insurance
Co34pany of Hartford,American Casualty Company of Reading, PA, The Firemen's
bumance Company of Newark,';NJ, and I%e Continental Insurance Compa
'Che premium attributable to coverage for terrorist acts certified under the Act was
ZeroDolly ($0.00).
IU United States will pay ninety percent pQ%) of covered terrorism losses exceeding:
the ►ppliceble suretylirurar deductible: