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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-526 r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on August 16, 2005,by the following vote: AYES: Gioia,Piepho,DeSaulnier,Mover and Uilkema NOES: None ABSENT: None ABSTAIN: None SUBJECT: Approving the Road Improvement Agreement for Intervening Properties,Casablanca Bridge,RA 04-01173 (cross-reference Subdivision 99-08331),being developed by :Danville Tassajara Partners, LLC,Danville area, (District III) The following document was presented for Board approval for Intervening Properties, Casablanca Bridge, road acceptance file RA 04-01173 (cross-reference Subdivision 99-08331) property located in the Danville area,Supervisorial District LII. A Road Improvement Agreement with Danville Tassaj ara Partners,LLC,principal,whereby said principal agrees to complete all improvements,as required in said road improvement agreement, within one year from the 'date of said agreement. Improvements generally consist of bridge improvements; Said document was accompanied by security to guarantee the completion of road improvements,,as required by Title 9 of the County Ordinance Code, as fellows: Ihereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator. Public Works(ES) on the date shown. Contact: Teri Ric(313=2363) TRitm G:\CrrpData\51gSvc180�2005\08.161RA 04-01173 BO-Mdoe ATTESTED: AUGUST 16 }Jr cc: Public Works T.Ball,Construction T- Planning,9 CommunityDeveloprnent JOHN SWEETEN, Clerk of the Board of Supervisors and Danville Tassajara Partners,LLC County Administrator 6121 Bollinger Canyon Road,#500 San Ramon,CA 445$3 Atte:Brian Olin The Continental:Insurance Company 2600 Lucien Way,Suite'130 Maitland,FL 32'7$1 BY ,Deputy Atm:Jane Kepner RESOLUTION NO.20o5/ 526 SUBJECT: Approving the Road Improvement Agreement for Intervening Properties, Casablanca Bridge,RA 04-01173 (cross-referenceSubdivision 99-08331), being developed by Danville Tassajara Partners, LLC, Danville area. (District III) DATE August 16,2005 PAGE: 2 I. Cash Bond Performance Amount: $10,500.00 Auditor's Deposit Permit No. DP 446432 Date: June 13,2005 Submitted by: Danville Tassajara Partners, LLC Taxpayer identification number: 20-1461254 11. Surety Bond Band Company. The Continental Insurance Company Bond Number and Date: 929 367 264 May 23,2405 Performance Amount: $1,031,8100.00 Labor&.Materials Amount: $521,150.00 Principal: Danville Tassajara Partners,LLC NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2005/526 ROAD IMPROVEMENT AGB EMENT Developer: Danviile'Tassajara'Pnrtners,LLC Effective Date: ,.....� � L;ii'S 7 -�t ' Development: RA 1 173 f�utrdiyision x"331} Completion Period: I year I Road: CasLbjgrca$trgetBrtdStCrgssipa DAI+iVILLE TASSAIARA PARTNERS,LLC, a Delaware limited liability company THESE SIGNATURES ATTEST"TO TI-I E PARTIES''ACREEMENT HERETO: By: Lennar l-Iomes of California,Inc. CONJEA!QOSTA COUNTY DEVELOPER a California corporation, Maurice M,Shiu.Public Works Director Its Managing Member By. (signatures ; ` (print n &title Lynn er itn, Vi� Pre td t l RECOMMNDLD Ft3J2 APPROVAL By. (signature) Enginee in ServitA owidon (print name&title)Pau a Aker,Asst.gecrfiary FO17M PPROVED: Victor 3,W strn tn,County Counsel (NOTE: Alt siguatures to be acknowledged. If Sttk+ttivider is iucorlioraW.signatures mist canirorni with the desigunated representative groups pursunixt to Corporations Code 5313.) I. : PA91JE„S&DA3 E.Effective on the above date,the County of Contra Costa,California,hereinafter called" o i "and the above-mentioned ave o , mutually promise and agree as follows concriiiing(his development: 2. jMLPjQV.E #;"NTS. Developer;agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights.fire hydrants,landseaping,and such oilh-r inrprovernents(ineludingsppurttxrattt equipment)as required in thaimprovement plates for this development as reviewed and on 11 file with the Contra Costa County Public Works Department and in conformance:with the Contra Coster County Ordinance Code jincluding future amendments thereto). Developer shall complete said work and improvements(hereinafter called "work")within the above completion period from elate hereof in a good workmanlike manner,its accordance with accepted construction practices and in a nuume r equal or superior to the requirements of the County Ordinance Cade and rulings made thereunder aml where there is a conflict between the improvement pians and the County Ordinance Code,die stricter requirernents shall govern. 3. ( PRUVElv1B�1T S C1J R1TY.'upon executing this Agreement,the Developer shall,pursuant to the County OrdinanceCode,provide as security to the County: 1 i A. s 10.5H.Qcash,plus additional security,in the amountof 51 031,800.0owhich together total one hundred percent(100°7e)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond', Acceptable irrevocable tener of credit. (( With this security,the Developer guarantees performance under this Agreement and maintenance of die work for one year after its completion and [ acceptance against any defective workmanship or materials or any unsatisfactory performance. !I( B. For Payment: Security in the amount of 1iJJLdJ0.#1Q which is fifty percent(509/a)of the estimated cost of the work. Such security is presentee# 1 in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. i i Acceptable irrevocable letter of credit With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or j materials to them or to the Developer.Upon acceptanceofthework as complete by the Board of Supervisors and:upon request of the Developer,theamountsecunues l maybe reduced in accotdanct with$94.4.406 and 894-1.408 of the Ordinance Code, i 4. OVA ANTRF AND WARRAU1Y—CiF VJ". Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily fora period of one-year from and after the Board of Supervisors accepts the wane 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. . i Tice guarantee period,does not apply to road improvements for private roads which are not to be accepted into the County road system, j r 1 i 5. PLANT ESTABLISHMENT WORK; Developer agrees to perform establishment work for landscaping installed under this agreca7ent. Said plant establishment work shall consist ofadequately watering plants.replacing unsuitable plants.doing weed,rodent and other pest control and other work determined bythe Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period ofone-year from and after tile Board of Supervisors accepts the work as complete: G. IMPROVEMMENT.PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before die Board of Supervisors accepts the work as complete or d urittg SSS 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. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval or 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 ofsaid 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;norsttall 1 the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of die terns and conditions hereof, %. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from(lie liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions, j officers,agents,and employees. i ' 3 B. Ticeliabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions i defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such E liability.claim or damage was unforeseeable at any time before flee County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerting said liabilities and clairns: C, The actions causing liability are any actor omission(negligent or non-negligent)in connection with the matters covered by this 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 Indemnitee has prepated', supplied,or approved any plan(s)or specif ication(s)in,connection with this work,or has insuranceorother indemnification coveringany ofthese matters;or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer dealt pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby, t0: NON-PERF OI MANCg AND COSTS:If Developer fails to complete thework within the timespecified in this Agreement,,and subsequenteattensions,or fails to ntaintain'the work,die County may proceed to complete and/or maintain the work by contract orotherwise,and Developer agrees to pay all costs and charges f incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediatety upon demand. r Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work: l Once action is takers by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes tete work. I Should County site to compel perfor niancetinderthis Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees topay i all attorneys fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work, IL INCORPORATION/ANNEXATION. It,before the Board of Supervisors accepts the work as complete, tie development is included in territory j incorporated as a city or is annexed to an existing city,the County's rights tinder this agreement and/or any deposit,bond,or letter of credit securing said righty shall be j transferred to the new or annexing;city. Such city shall have all the rights of third party beneficiary against Developer,who shall fulfill all the terms ofthis agreement r as though Developer had contracted with the city originally: 12. CONSiDERATION. In consideration hereof: (Check applicable section(s)) County shall allow Developer to obtain building permits for said development..assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the Con nty-Ina intaitied road system,afters the improvements are complete. l Other(requires County Counsel approval { LT;cnmi G:K`irpDntatAd}niri5crau)ttianmied\[.II35;(Sent Ctnt}U2At RAI i73'AStG65:doc Rev.Aprirb,2txitl i I '.i l- ?QIGt:P=;l439ti'f:eN1WV;ele:z•e 3;i??"'3,:'s• c�'�4.'C:�'titb"cc.a':M�cc.�:`H:MZY.' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Stag of California County'of Contra Costa On Mai 20,2005 before me,Karen L.Keenan-,NoIM 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. 1CA N L. K COMMIWon• 1378827 Notary Pubfic-Calltomkr Contra Costa County Sig4owreofNotary ublic My Comm.bq)"CO7,2006 NOW 'PlAmit 6A IlAtIdN NUMA00, sta��Wc lispWNOtt XMe3utr t L L-14 14 i YI A, t k, k' Lb 11-1 f � j n xlJ r i � '`� � t3�ll�fci�f•i3�it�" I�IC+Y �i �{k'''.�,. ' h,'UTt Puma: 440 hi r c hbad is far t�e�iw er'#'.r i if ri'a c nior�n# j ' 6M6Wjt i9 hetr�by; __�-cait it�hq f4t�Gt #y t �. r 41, 1i#!�' ( X Cciuntj+Treasurer tiwi/V/^11 1 L!! 4.V1'flAri 4'VWri 1 It PONT I DICE©F COUWY AUOO -CCJNt XIL \ MA0114 Z,CAL10,60I iWA$ �z, s � I)FSM. OWANlWION NUMBO r w a I (Fdfi Lai tiolfatf O Pnocedurad seg busty A4�rrlinl}tafd*3 3ullefln 1 E7$} ESCiflltf C�tN �t /OitCx SUr3 TASK t�i'1614 . A&WITY AMOUNT ACCT. t Q_ fr P If g, kA 01„ 11,2 3Z. k 'l i 4 k i k k i E�ANAIC TL l�epas`R corksi 4 of fhb fol wo ll'e" CCO4 ond, t�2l�RNCY tF kK5,'M.O.,ETC. $ �AIJK l7Ri�C1SlTS' $ FOR AUDITOR-CONTAOLL:R us 'ON€Y 131:POSIi' pERMiT DP NUMDER BATE "' r AS-SIGNED " �-- The dmmnf of r/mney describod obovee is for Traasursr`s r"!Ot bf above amount is dpProved li sipt of ab&v*an ouittf is tweby deposit w6 the County Ti" �scknowldg cL- Title ( C' f 1 EST ~ti sed: Depvty.County Auditor . d: C)ep ttz' Dusty treasurer d-34 RtV.(7.43) 0649-9665 ! 112300: 61161569, $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 l 112300, G1161570, $4,3Z-6.0 , RA01-01160, Land Plan Check Deposit, Shapell Industries of Northern California, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: 61161546, $17 3Q0.0Q, RA 02-01141, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: 61161557, $2,7001,0, D6 04-00044, Crash Bond, Danville Tassa,iara Ptrs., LLC, 6121' Bollinger Canyon Rd., Suite 5003, San' Ramon, CA 94583 819800-0800. G1161559, $2,300.00, SD99-08331, Cash Bond, Danville Tassajara Ptrs., LLC, 6121 Bollinger Carryon Rd.,' Suite 500, San' Ramon, CA 94583 819800-0800: 61161561, $10,500.00, RA04-01173; Cash Bond, Danville Tassajara Ptrs.,;LLC, '6121 'Bollinger Canyon Rd., Suite 500, San Raman, ,CA 94583 8198030-0800: 01161565, '$1.600.00, RA04-01162, Cash Bond, Danville Tassajara Ptrs., LLC, 6121 Bollinger Canyon Rd., Suite 500, San' Ramon, CA 9'4583 819800-0800: G1161567, 2 300 00, 0654-00037,; Cash Bond, Danville Tassajara Mrs., LLC, !6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 r 0649-9665 / 112300• G1161526, $1 ,500.001, FS 0500037, Fled Control, Passport Homes,Inc., 7950 Dublin Blvd., Suite 203, Dublin, CA 94568 0649-9665 / 112300• 61161530,; $20,000.003, '-RA 04-01168, Road Acceptance Review, Shapell Industries of Northern California, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300. 61161533, MS 01-0020, 'Wilbur T. & Arlene S. Daly 111, 624 Hidden Lakes Dr. Martinez, CA 94553 $1.019.89, Flap Check $2,753.46, COA Compliance Check, no Improvement 0649-9665 / 112300 61161536, $90,000.00, 51) 99-08331, Inspection Fee, Danville Tassajara Ptrs., 'LLC, 6121 Bollinger Canyon Rd., Sure 500, San Ramon, CA 94583 0649-9665 / 1123003. G1161547, $81 400.00, RA 02-01141, Road Acceptance Inspection, Windemere BLC Land Company, LLC, 6121 Ballinger Canyon Rd., Suite 5001, San Raman, CA 94583 0649-9665 / '112300: 61161558, $13.6 , DG 04-00044, Drainage Improvement Agreement Inspection Fee, Danville Tassajara Ptrs., LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon', CA 94583 0649-9665 / 112300• G1161560, $18,8(1t}=, SD 99-08331, Landscape Improvement Inspection, Danville Tassajora Ptrs., LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 1123030; G1161563 $50.400.00, RA 01-01173, Road Acceptance Inspection Fee, Danville Tassajara Ptrs., LLC, 6321 Ballinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300• G1161566, $20,700.00, RA01-01162, Landscape Inspection Fee Deposit, , Danville Tassajara Ptrs., LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon CA 94583 Executed in Duplicate Bond NO.: 929367264 Development: RA 1173 (Suhdiyision 53311 Premium: $5y159-00 19I'ROVEMENT SECURITY FOND ORROxD IMPROVEMENT ACRE MENT (Performance, Guarantee, and Payment) (California Government Code§§'66499. 66499AO) 1. RECITAL or RoAo ImertoVEME vT AOR;EEMeNT: The Developer(Principal)has executed an agreement (Road Ttnprovemetrt Aareemetn) with the County to install and pay for street, drainage and other irnprovemenu on,or along A a l 7 to complete said work wirbin the time specified for completion in the Road Improvement Agreement, all in accordance with State and local'laws and rulings. 2. OEt_tGATtoN.Danville Tassaj Ara Partners,LLC,as Principal and The Continental Insurance Camp any a corporation organized under the laws ofthe State of New Ham hire ,and authorized to transact surety business in California.,as Surety,hereby jointly and severally bind owselves,ovrheirs,executors,administrators.,successors and assigns to the County of Contra Costa, California to pay as follows A. Performance: Qi-ig Million Thi _Cie ThquLan i trrn re tlf}I ilii Dollars (S 3 8C-1_;, 4) for itscif or any city assignee under the above County Road Irnprovement Agreement, plus H. Payment: Five Hcrn.dred went •© ;e Thousand C} e u ed Fifty a t}t}t fl Dollars ($1" 1.15 }to secure the claims to whish reference is matte in Title'15§Jet seq.ofthe Civil Code of the Mate of California, 3 ' CoNor•rION: A. The Condition oftilr5 obligation as to Section(2.A.)above is such that ifThe above bonded Pnncipal, or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by ant! 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 pare, to be kept and performed at the€irrre and iii the manner therein specified and in all respects according to their true intent and ineaning and shall indemnify° and save harmless the County of Contra Costa or city assignee,its officers,agents and employees,as therein stipulated,then,this obligation shall become null and void; otherwise it shall be and remain in frail force and effect. ........... ...... .............. ..................................................................... ...................................... . . ............... ....... ....... . ...... ..... .................................................. .............. ........................ AS part of the obligation stcaredberebyarid in addition to the fire amount specified therefore,there shall be included reasonable costs,exptmses arid fees,including reasonable attorneys 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 rendered. B. The condition of this obligation, as to Section (23.) above, is such that said Principal and the e undersigned as corporate surety are held firmly bounce unto the County of Contra Costa and all contractors,subcontractors,laborers,material men arid othey persons employed in the performance of the aforesaid agreemcm and referred to in the aforesaid Civil Code,for materials furnished,labor of any lund, or for amounts due under the Unemployment Insuranct:Act with respect to such work or labor and that s,6d undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is broughtupon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,includingreasonable attorneys fees,incurred by the County of Comra Costa or city assignee,in successfully enforcing such obligation,to be awarded and fixed by The court,all To be taxed as costs and to be included in thejudgement Therein rendered, It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any arid all persons,companies.end corporations entitled to file claims under Title 15(commencing with Section 3082 of Part 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 undCr The conditions of this bond be fully performed, then this obligation shall become ritill amu void; otherwise it shall be and remain in full force and effect. C. No alteration,of said Road Irripcovement Agreemeat or any planor specification of said workagreed to by the PrincipAl and the County shall relieve the Surety from liability on this'bond and consent is hereby i�iven to make such alteration without further notice to or consent by the Surety and the Surety hereby w3i ves 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 SEALED: The undersieried eXeCL11t(J this'document on May 23, 2005 DANVILLE TASSAJARK PARTNERS, LC, a Delaware limited liability company By: Lennar Homes of California, Inc., PRINCIPAL: a California corporation, SURETY: THE CONTINENTAL INSURANCE COMPANY its Managing Member Address: 6.12Bollinger Canyon Bollint Rd. Ste. #500 Address: 2600 Lucien Way, Suite 130 z City- San Ramon, CA 9458 City: Maitland, FL 32,751 By: By: Print Name: David Evan Print Name: Jane Kepner Title. Vice President Title: Anomey-in-Faci. LT tnm I (S419 OW)\KMA 11 73 1151 OUI 00. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of 0range On May 24, 2006 before me, Dina Printy, Notary Public, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and'acknowledged tome 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 h;anq-and official seal. Commission#1453610 ar Notary Public orange county --My Comm.Expire Nov 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: Qoroorate Off --;Vice President Lennar Homes of California Inc. D'ESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 929367264' Number of Pages: Two (2) Date of document: May 23, 2(345 Signers (other than thosenamed abcve):Jane Kepner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.W7 State of California County of grange On May 23 2005 before me, Ashley K.Ward,Notary Public DATE NAME,TITLE of OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Jane Kepner , NAMES)OF SlGNEri{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 capacity{les), and that by his/her/their * - signature(s)on the instrument the persons), or the entity upon M LEY r~ornM1011c n K. WARD 14$3685 behalf of which the person(s) acted, executed the instrument. go Notary Public-California - orange County GcsmlxTesAtsrt ,21�8' WITNESS my hand and official seal. SIGNATURE OF NOTARY •- OPTIONAL Though the date 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 TrTLE(S) PARTNER(S) LIMITED 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 8-40671GEEF 2198 0 199 3 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•'Canoga Park,CA 91'309-7184' POWER OF ATTORNEY APPOINTING INDIVIDUAL,AT-TORNEY-IN-FACT Know All Men By These Presents,.That The Continental Insurance Company,a New Hampshire corpomtion,and Firemen's insurance Company of Newark,New Jersey.a'New Jersey corporation'(heretri 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 doby virtue of the signatures and seals herein affixed hereby make,constitute and appoint Mike Parizino Linda En i ht Rhonda C.Abel James A.Schaller Jane Kepner,Nanette Marlella- ars,Patricia H. Brebner Alexis N.Bryan Lel h Mcortcru' h,individually- of Irvine.California their true and lawful Attorney(s)-In-Fact with foil 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 duty 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 By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Beards 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 affrxed on this 2nd day of April,2002. The Continental insurance Company ? Fire+nen's Insurance Company of Newark,New Jersey Michael'rCengler' Croup Vice President State of Illinois,County of Conk,ss. On this 2nd day of April,2082;be€are me personally came Michael Gengler to me known,who,being by ne duly sworn,did;depose and say:that he resides in the City of Chicago,State o€Illinois;that he is a 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 giver;by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporatlons. '"OFFICIAL SEAL" .c DIANE FAULKNI Notory Public,Stole of Illinois .� . My Commission Expires 91/17/0 114000 V614 1;AV's My Commission Expires September 17,2005 Diane Faulkner' Notary Public CFERTIFICATE i,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 stili 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.in testimony whereof i have hem"to s0u crlbed my name and affixed the seal of the said corporations this 23rd day of 94Y ifs$"•. �:,. . The Continental Insurance Company Firemen's Insurance Company of Newark,New Jersey Mary A.iibikawskis Assistant`Secretary (Rev.10/11101') Authorizing By-Laws and Regotuti+os 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, 19891 "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 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 anybond,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 facsimile under and by the authority of the foliowing'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 there 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 seat 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 facsirnile 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.'` k In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurancepolicies on which 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 following companies (collectively the "'Writing Companies") as surety or insurer:Western Surety Company, ,Universal Surety of America, Surety Banding Company of America, Continental Casualty Company, National Piro Insurance Company of Hartford,American Casualty Company of:Reading, PA, The Firemen's Insurance'Company of Newark, NJ, and The Continental Insurance Company. 'The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). =8 The United States will pay ninety percent (90%) of cornered terrorism tosses exceeding the applicable surety/insurer deductible.