HomeMy WebLinkAboutMINUTES - 04012003 - C2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Resolution on April 1, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UII:&R4A, GLOVER AND DESAULNIERR
NOES: NODE
ABSENT: NONE
ABSTAIN: NONE
DISIRIGT III. SEAT V=,NT
RESOLUTION NO. 2003/ 201
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for DA 0016
(cross-reference SUB 7984) being developed by Shapell Industries of Northern
California, San Ramon(Dougherty Valley)area. (District III)
The following document was presented for Board approval this date for, DA 0016
(cross-reference SUB 7984) located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Right-of-Way Landscaping) with Shapell Industries of
Northern California, developer, whereby said developer agrees to complete all improvements as
required in said Subdivision Agreement (Right-of-Way Landscaping) within one year from the
date of said agreement. Improvements generally consist of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of Right-of-Way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $3,300.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 392399, September 4, 2002
SG:cw I hereby certify that this is a true and correct copy of an
G:1rrpDatatfrigsvc\sat2003t4-01-03\DA 0016 130-16.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES) Supervisors on the date shown.
Contact: T.Ric(313-2363)
cc: Public Works- T.Bell,Construction ATTESTED: APRIL Ol, 2003
Current Planning,Community Development
T_2-1.04. JOHN SWEETEN, Clerk of the Board of Supervisors and
Shapell Industries of Northern California County Administrator
100 forth Milpitas Blvd.
P,a.Box 361169
Milpitas,CA 95035
Attn:Sam Worden&Jim Gold
National Fire Insurance Co.of Hartford By "" :Deputy
5820 Canoga Ave.,Suite 200 f,, a
Woodland Hills,CA 91367
RESOLUTION NO.20031 201
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for DA 0016 (cross-
reference SUB 7984) being developed by Shapell Industries of Northern California, San
Ramon(Dougherty Valley)area. (District III)
DATE: April 1, 2003
PAGE 2
11. Surety Bond
Bond Company- National Fire Insurance Company of Hartford
Bond Number and Date: 929248000, August 23,2002
Performance Amount: $329,700.00
Labor&Materials Amount: $166,500.00
Principal: Shapell Industries of Northern California, a Division of Shapell Industries,Inc.
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of-Way
Landscaping)is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2003/201
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463)
41� A,,Subdivision: DA 0016( REF SUB 7984) Effective Late:
Subdivider: Sha&ll Industries of Northern California. Completion Period: 1 year
a Division of Shapell Industries Inc.
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
Maurice M.Shiu,Public Works Director Shapell Industries of Northern California,
a Division of Shapell Industries Inc.
By: �i `
� (Sip-re)
(print mare&tk )
RECOMMENDED FOR APPROVAL: �154Y. ✓reE ��ES+�r�1
By: is Bnaau
Engineering Services vi iotY . (pmt name&t4tfe) j,,AA tc W E6'r Pq d.
FORM APPROVED: Victor J.Westman,County Counsel
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representative groups pursuant to
Corporations Code§313.)
1. PARTIES &DATE. Effective on the above date, the City of County of Contra Costa, California, hereinafter called "County," and the
above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street
lights, fire hydrants,landscaping, 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).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as
required by the California Subdivision Map act(Government Code§§66410 and following),in a 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 made thereunder;and where there
is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURIf Y. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County
Ordinance Code,provide as security to the County:
A. For Performance and Guarantee_ $3,300 cash,plus additional security,in the amount of$329,700 which 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 cashiers check,
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider 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$166,500,which is fifty percent(50%)of the 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.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing
labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may
be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship
and shall perform satisfactorily for a period of one-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. Subdivider agrees to correct,repair,or replace,at his expense,any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said
plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other
work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed
for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after
final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider 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 Subdivision. If,at any time 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,Subdivider 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 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,therefore,or any combination or all of these acts,shalt not relieve the Subdivider of his obligation to
fulfill this agreement as prescribed;nor shall the County be thereby he stopped from bringing any action for damages arising from the failure to comply
with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnities from the liabilities as defined in this section:
A. The indemnities benefited 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 proceeding(s)concerning said liabilities and claims.
C. The actions causing,,liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to the Subdivider,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
prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification
covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
E. 1. Shapell Industries,Inc.("Shapell")shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa
County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims,
costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising
out of or alleged to arise out of Shapell's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000,by and
between Shapell and Windemere BLC Land Company LLC("BLC")including,without limitation, any claim, cost, loss,liability,damage or other
expense arising out of any action or other proceeding brought by BLC against County or District in connection with any act,approval or other requirement
of County or District in connection with Shapell's activities under the aforementioned Supplement to Cooperation Agreement.
2. Shapell's obligations under Section 1 above shall exist regardless of concurrent negligence or willful misconduct on the part of
the County or District or any other person;provided,however,that Shapell shall not be required to indemnify,protect,defend or hold County or District
harmless to the extent any claims,losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or
District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The
obligations of Shapell contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance
of improvements by County or District.
9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road
Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS:If Subdivider 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 contract or otherwise,and Subdivider agrees
to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately
upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County
proceeds to complete andlor maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider
subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider
agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds
to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory
incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said
rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill
all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision.
sg:
G:\Gml)= agSvclSiava\Gale RawIADA 0016-Maio Bmich\DA0016 AG-30A.doc
Rev.May 18,2001
............................................................................................................................................................................................................................................................................................................................
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
,� , ss.
County of XR
On before me,
Date Name and Title of Crficer e. _
( g.,"lane Dae,homer Pub.sc')
personally appeared _ _ o _ ell
�' Names)o!Signer{s)
` personally known to me
❑ proved to me on the basis of satisfactory
evidence
2
to be the person(s) whose name(s) is9are
subscribed to the within instrument and
acknowledged to me that they executed
the same in 4&A"tt`their authorized
JAN#CE T.KRU!1S_
Cart t1f�iSsiot7 13 capacity(ies), and that by isf# ,their
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� signature(s) on the instrument the person(s), or
lMtsuty Public_California the entity upon behalf of which the person(s)
Santa Clara County acted, executed the instrument.
0MYCOTME30MAuC24,2005
\WITNESS my hand and � ' 6ea1.�
Signature of Notary Public
IN
V T1
Though the information below is not required by law,it a valuable to persons relying on the document and could prevent '
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document bate: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
�❑III�i�iVl(Juai �� � � � � Top of thumb here
Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact j.
❑ Trustee f
❑ Guardian or Conservator ?
❑ Other: `
Signer is Representing:
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C 1959 Na?land Notary Association-9350 De Soto Ave.,P.O.$ox 2402•Chatsworth.CA 913.3-2402•www.natbnalnotary.org Prod.No.5907 Reorder.Call Tot-Free 1-800.875-8827
COUNTY Of CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
9 (Owhzfi-)
I Uft
(For Cosh Collection Procedures see County Administrator's Bulletin 105.)
SUIL DESCRIPTION �D/OR'• ACCT. TASK OPTION ACTIY#TY AMOUNT
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EXPLANATION: TOTAL $ I
DEPOSIT
Deposit cOCS51CSIICN✓ing i�'@tris r
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t O ig! .7 #Nand CURRE Y $ d
CHECKS,M.O.,ETC $
BANK DEP ITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT D
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receiptof boye amount is hereb i
deposit into the Count y T 5ury. acknowledge
f
Signs Date t
Signed: 0Signed:
Title, -°i/r . l;' ;,' ✓�.� ET. ' iM. pu County Au r Deputy County urer
6a
000649-9665 f 881000: 61093923, $500.00, SUB 8158 Map Check Fee, Windemere BLC
Land Company, 8180 Crow Canyon #810, San Ramon, CA 94583
000649-9665 / 881000: 61093924, $500.0 0, R5 2708 Record of Survey Map Check Fee,
Brian Kangas Foulk, Consulting Engineers-Planners-Surveyors, 2737 North Main Street, Ste.
200, Walnut Creek, CA 94596
000649-9665 / 831000: 61098925, $500.00, RS 2702 Record of Survey Map Check Fee,
Rose M. Sandecki & Nancy Pamela White, 5701 Pine Hollow Road, Clayton, CA 94517
000649-9665 / 831000: 61093926, $500.00, RS 2701 Record of Survey Map Check Fee,
Titan Real Estate Investments LLC dbo The Crossroads Building, 2960 Camino Diablo, #300,
Walnut Creek, CA 94596
000649-9665 / 831000: 61093927, 1 625.00, SUB 8531 Major Subdivision Map Check
Fee, Janin Associates, 957 Stow Lane, Lafayette, CA 94549
000649-9665 / 881000: 61098928, $19.900.00, DP 3001-91 Inspection Deposit, Down To
Earth Grading, Inc., 11400 Marsh Creek Road, Clayton,CA 94517
000649-9665 f 831000: 61093930, $35,300.00, RA 1136 Landscaping Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 861169, Milpitas, CA
95035
000649-9665 / 881000: 61093981, Shapell Industries of Northern California, 100 North
Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
$24,700.00, DA 0014 Landscaping Inspection
$ 9,900.00, DA 0014 Landscaping Plan Review
000649-9665 f 831000: 61093933, Shapell Industries of Northern California, 100 North
Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
$18,500.00, DA 0016 Landscaping Inspection
$ 7.200.00, DA 0016 Landscaping Plan Review
819800-0800: 61093930, $7,100.00, RA 1186 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
819800.0800: 61093931, $4,700.00, DA 0014 Cash Bond, Shapell Industries of Northern
California, 1-0.0-.North-M+lRfts-givd; -P40-Box._3fi1169, Milpitas, CA 95035
-Y.
819800-0800: 61098983, $3-300. , DA 0016 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 fir'
Subdivision: DA-0016,XREF SUR 7984; Gale Ranch I
Bond No.. 929248000
Premium: $9,649.00
IMPROVEMENT SECURITY BUND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California government Code Sections 66462 and 66463)
1. RFCffAL of Sut;mvzsION AGREEmFNT: The Principal has executed an agreement with the County to install
and pay for public right of way landscaping, and other related improvements in 5ubdivisionQA-o01 . XREF'SUe
ZR&4Qale Ramo It as specified in the Subdivision Agreernent (Right of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions
for filing of the Final Map or Parcel Map for said Subdivision.
. { BLIGTIL?N: Shapelt industries of Northern California,A division of Shapeli industries, lnc. ,asPriticipal,and
NaILQnal Fire Insuran C-am=y of HadfQrd a corporation organized existing under the laws
of the State of C7 , and authorized to transact surety business in California,
as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: Three Hundred Twenty Nine Thousand Seven Hundred Dollars and 00/900
Dollars($ 329,700-00 }for itself or any city assignee under the above County
Subdivision Agreement, plus
B. Payment: One Hundred Sixty Six Thousand Five Hundred Dollars and 00/900
Dollars( 166,500.00 }to secure the claim to which reference is made in Title
XV (coxnxr ncing with Section 3082) of Part 4 of Division III of the Civil Cade of the State of
California.
3. CONDITION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,
his or its 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 is or its part, to be kept and
perforrr&d at the tune and in the manner 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), its 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 of the obligation secured hereby and in addition to the face amount specified therefore, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(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 2.(P) 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 or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein above
set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by
County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the
court, and 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) of Part 4 of]Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond. -
Should the condition 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 subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any ,Surety from liability on this band; 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.
SIGNED AND SEALED on - August 23, 2002
Shapell Industries of Northern
PRINCIPAL:California,A Division of Shaped Industries,Inc. SURETY: National Fire Insurance Company of Hartford
Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4
City: Milpitas Zip: 95035 City:Woodland Hills Zip: 91367
R
By: By:
Print Name: Nath Shape]l Print Name: Margaret.'E)"Leong ,
Title: President Title:
Attorney-in-Fact .......
By:
'R
Print Name and Title:, Marga et Leong, Sdcretary
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............- - _ _.. _.....
...........................................................................................................................................................................................................................................................................................................................
POWER OF ATTORNEY APPOINTING INDIVIDUAL. ATTORNEY-IN-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation,NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania
corporation(herein collectively called"the CCC Surety 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 signature and seals herein affixed hereby make, constitute and appoint
Margaret Leong, Individually
of Beverly Hills,,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 are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,
duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 'I Sth day of June 1 1998
CONTINENTAL CASUALTY COMPANY
ot(� f
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
, LATe AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
00"Pv 3FAL
i W
Marvin J.Cashion Group Vice President
State of Illinois,County of Cook,ss:
On this 1 Sth day of .lune 1998 ,before me personally came
Marvin J. Cashion,to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that
he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA 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 acknowledges same to
be the act and deed of said corporations.
JON
140TAM
PUBUC
°oto00.
,
My Commission Expires March 6,2000 Mary Jo Abel Notary Public
CERTIFICATE
1,Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA 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 each corporation printed on the
reverse heTf are still in force In testirpony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
"
this -2 ' ay of At C'J
f.
AS
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
�9t AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
r C r
6u SEAL JULY 31,
1991 �$
d
(Rev.10t1197) Mary A. Ribikawskis Assistant Secretary
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company.
"Article IX--Execution of Documents
Section 3.Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group
Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of
policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior
or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the fallowing Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any powerof attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and
certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and
binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company.
"Article Vl—Execution of Obligations and Appointment of Attorney-In-Fact
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group
Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of
policies of insurance, bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time
revoke all power and authority previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seat of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or
an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and
certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and
binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by
the Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time
to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,
undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective
certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach
the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attorney-in-Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Croup Vice President and the seal of
the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors
on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seat of the Corporation may be affixed by facsimile
to any certificate of any such power,and any power or certificate bearing such facsimile signature and seat shall be valid and binding on the
Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or
undertaking to which it is attached,continue to be valid and binding on the Corporation."
_.. __....._.._.........................................................................................................................................................................................................................................................
State of California
County of Los Angeles
On August 23, 2002 before me. Ann Pellant, Notary Public
Cete NAME. TITLE OF OFFICER_ -JANE COE.NOTARY €UBLIC`
personatiy appeared Margaret F. Leong
NAME(S)OF SIGNER(S)
(-L-) personally known to me–OR – (—) proved to me on the basis of satisfactory evidence to be
the person(t whose name(A) isht=subscribed to the within instrument and acknowledged to me that
MlshelZssxexecutiid the same in I s(her/!tmWauthorized capacity(.", and that byzWher/t#MK
signaturs(s� on the instrument the person(A), or the entity upon behalf of which the person() acted,
executed the instrument.
WITNESyS my hand and official s I.
AN.N t sI- aT (--- �s. ,
^ ` '
:•: SIGNATURE OF NOTARY
f C<7rAf?'� 3 t m 47 eR oPYtONAL
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(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) (�) LIMITED
(�) GENERAL
{X) ATTOANLY IN-PACT NUMBER OF PAGES
( } TRUSTEE(S)
GUARDIAN/CONSERVATOR
( _o} OTHER
DATE OF DOCUMENT
SIGNER 1S REPRESENTING:
NAME OF PERSONS) OR ENTITY(IES)
National Fire Insurance Company
of RaFfM
SIGNERS) OTHER THAN NAME AAEOVE
a.,oaaz�e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Los Angeles
On August 23, 2002 before me, Ann Pellant, Notary Public
Date Name and Tile of Officer(e.g.."Jane Coe,Notary Public')
personally appeared Nathan Shapel l and Margaret Leong
Name(s)m SVer(s) '
personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) -tsfare
subscribed to the within instrument and
acknowledged to me that-1449 'fthey executed
the same in hi&1hef°/their authorized
- ° capacity(ies), and that by 43+0w/their
} signatures)on the instrument the person(s), or
d. Y x-Z �y
£ a air the entity upon behalf of which the person(s)
acted, executed the instrument.
NV C�cn .5#im? it XD14
WITNESS my hand a icial,-spa
}� Signature of Notary Pubk
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above: Y
Capacity(ies) Claimed by Signer
Signer's Name:
17 s
Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
`A ❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: ,
0 1999 National Notary Association•9350 Da Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2802-www-nafionshotary.org P.ad.No.5907 Peorder:Cali?oIl-Free 1-800-876.6827