HomeMy WebLinkAboutMINUTES - 04012003 - C4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 1,2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NUNS
DISTRICT III SEAT VACANT RESOLUTION NO. 20031 203
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for
PA 4011 (cross-reference Subdivision 7984), San Ramon (Dougherty Valley)
area. (District Q
The following document was presented for board approval this date for PA 0011 (cross-
reference Subdivision 7984) located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Right-of-Way Landscaping) with Shapell Industries of
Northern California, a Division of Shapell Industries, Inc., 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.
So:cw I hereby certify that this is a true and correct copy of an
o:1GrpData\EngSvc\Bo\200314-01-031PA 0011 B0-16.doc
Originator: Public Works(ES) action taken and entered on the minutes of the Board of
Contact: Teri Ric(313-2363) Supervisors on the date Shown.
cc: Public Works- T.Belt,Construction
Current Planning,Community Development
T-2-1-14 ATTESTED: APRIL 01 2003
Shapell Industries of Northern California
Sam women&Jim Gold JOHN SWEETEN, Clerk of the Board of Supervisors and
100 North Milpitas Blvd. County Administrator
Milpitas,CA 95035
National Fire Insurance Company of Hartford
Pamela L.Stocks
5820 Canoga Avenue,Suite 200 y
Woodland Hills,CA 91367 By ,Deputy
RESOLUTION NO.2003/ 203
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for
PA 0011 (cross-reference Subdivision 7984), San Ramon (Dougherty Valley)
area. (District III)
DAVE: April 1, 2003
PAGE 2
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: $5,500.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: DP398256, December 31, 2002
II. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 190775327, December 19, 2002
Performance Amount: $546,200.00
Labor&.Materials Amount: $275,850.00
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc., a Delaware Corp.
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of-
Way
Right-ofWay Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 200.3/203
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463)
Subdivision: PA 0011 (X-REF SUB 7984) Effective Date: e" _yp
Parcel BB—NBHD 2A/8 Open Space
Subdivider: Shatbell Industries of Northern 0A forma, Completion Period: 1 year
A Division of Shape[[ Industries, Inc.
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER:
Maurice M. Shiu, Public Works DirecUw-\ Shaaell Industries of Northern California,
A Division of Shapeli Industries, Inc.
Cys s ; f
B ' r � (signature)
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RECOMMENDED FOR APPROV L:
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By: # (signature)
Engineering Services Divi I h {print nares&ti t®) ),
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FORM APPROVED: Victor J. Westman, County Counsel ' 'I
(NOTE:AJ€signatures to be acknowledged. if Subdivider is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code§913.)
1. PARTIES&DATE. Effective can the above date,the City of County of Contra Costa,California, hereinafter called"Countv,"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 SECURITY, Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance ode,provide as security to the County:
A. For Performance and Guarantee: $5 5001 cash,plus additional security, in the amount of$546 200 which together
total one hundred percent(100%)of the estimated cost"oMit a work. Such additional security is presented in theme o:
Cash,certified check or cashiers check.
X 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$275,850,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§944.408 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.
system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
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,therefor,or any combination or all of these acts,shall not
relieve the Subdivider 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 the terms and conditions hereof.
S. #NDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this premise 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 de in—ed Ee-low,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 sult(s),action(s),or other proceeding(s)concerning
said liabilities and claims.
C. The actions causino liab�ilit 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.
9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby,
10SURVEYS. Subdivider shall set and establish surrey 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 and/or 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. INCORPORATIONIANNI:�>(ATION. 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.
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G:IGrpData\ErVSvct3#avakGaie RanchkPA0011tPA0011 AGW30Adoc
Rev.May 18,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of
On r € before me,
Da Name and?iJa of Officero-
( g.,"Jane Doe,Votary Public)
personally appeared S s ` � _ , � ; e`C� � "�`i �IAL
Names)of 5igner(s) �
rsonally known to me
❑ 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 i�/they executed
` ; .: the same n l�r/their authorized
Commission#1318697
rotary Public�-Cai't'hsr iO eapacity(ies), and that by _t lel rer/their
z Santa Clara Countgt signature(s)on the instrument the person(s), or
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4 the entity upon behalf of which the person(s)
My Com. ALV
Xi acted, executed the instrument.
}yTNESS my hand and off'c' l seal.
0
1 Signature of Notary Public
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.
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Description of Attached Document
Title or Type of Document: Y_2> D
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
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Capacity(les) Claimed by Signer
Signer's Name:
WOR-.-
Individual s J Top of th m
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Corporate Officer—Title(s): ' ! t S's s r.-
Partner—❑ Limited ❑General € R:
❑ Attorney-in-Fact l
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing: L t__
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Q 1999 Natlona!NotaryAssocladon•9350 Da Soto Ave.,P.O.Sox 2402•Chatsworth,CA 91373-2462•www.nationalnotary.org Prod.No.5907 Reorder:CaH Toll-Free 1-900-B76-5827
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
ORGANIZATION NUMBER 0
{pry�+ntmn«sl
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG A C. TASK OPTION ACTIVITY AMOUNT
$ t
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EXPLANATION: f � TOTAL
0 1,, DEPOSIT 3 )- , 9�3
ua J Y Deposit consists of the following toms
COIN and CURRENCY $
1 C7) J T ? CHECKS,M.O„ETC. $
C.c -) 6 1 t O �} _ �'( BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
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PERMIT Cap
Va c r �yf. ... NUMBER
C i %�; t" 7 r DATE 98256 X41 C
r)�17104 , lff `�u , . , ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
i deprit into e County Tre„ctsury. acknowledged.
,OZ /°t e
LSign,e"d: + .±- �'! S Date �,;'
Signed: Signed:t`l ' '} / EI€T. t r � 1 Depti ounty AAi r Deputy County Treasurer
D-3,4 REV.(7-93)
000649-9665 / 831000: G1108980, $25,000.00, SUB 8507 Major Subdivision
Improvement Plan Review Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon
Place#310, San Ramon, CA 94583
000649-9665 / 831000: 61108982, $500,00, RS 2742 Record of Survey Map Check Fee,
DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, CA 94526
000649-9665 / 831000: 61108984, $16,300.00, SUB 8563 Landscape Improvement
Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box
361169, Milpitas, CA 95035
000649-9665 / 831000: 61108985, Shapell Industries of Northern California, 100 North
Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
$14,300.00, SUB 8564 Landscape Improvement Plan Review
$26,600.00, SUB 8564 Landscape Improvement Inspection
000649-9665 / 831000: 61108986, $32,400.00, SUB 8631 Landscape Improvement
Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box
361169, Milpitas, CA 95035
000649-9665 / 831000: 61108987, $28,300.00, PA 0011 Landscape Improvement
Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box
361169, Milpitas, CA 95035
000649-9665 / 831000: 61108989, $500.00, RS 2743 Record of Survey Map Check Fee,
Bellecci & Associates, Inc., 2290 Diamond Blvd., Suite 100, Concord, CA 94520
819800-0800: 61108983, $3,100.00, SUB 7744 Cash Bond Guarantee of Performance,
DeSilva Gates Construction, PO Box 2909, Dublin, CA 94568
819800-0800: G1108984, 2 900.00, SUB 8563 Cash Bond, Shapell Industries of
Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
819800-0800: 61108985, $5,100.00, SUB 8564 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
819800-0800: 61108986, $6-400. , SUB 8631 Cash Bond, Shapell Industries of Northern
California, 1070 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
8198003-0800: G1108987, $5,500.00, PA 0011 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd.,PO Box 3'61169,Milpitas, CA 95035
PA-0011 (x-ref Sub 7984)
Subdivision: Parcel BB - N 2 A/8 Open Space
Bond No.: 190775327
Premium: $2,731.00
Gale Ranch 11
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. RECITAL OF SUBDIvisioN AGREEMENT: The Principal has executed an agreement with the County to install
and pay for public right of way landscaping, and other related 'improvements in Subdivision
PA-OM1 (x-ref Su 7984)
Riggi i38-N 2 AM-Qas specified in the Subdivision Agreement (Right of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions
for filing of the Final Map or Parcel Map for said Subdivision.
5hapell Industries of Northern California, A
2. OBLIGATION: Division of Shapell Industries, Inc., a Delaware Corp. ,as Principal,and
Natiaral Fire Insurance Company of Hartford ,a corporation organized existing under the laws
of the State of CT , and authorized to transact surety business in California,
as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: Five Hundred Forty Six Thousand Two Hundred Dollars and 00/100
Dollars($ 546,200.00 ) for itself or any city assignee under the above County
Subdivision Agreement, plus
B. payment: Two Hundred Seventy Five Thousand Eight Hundred Fifty Dollars and 00/100
Dollars ($, 275,850.00 ) to secure the claims to which reference is made in Title
XV (comrnencing with Section 3082) of Part 4 of Division III of the Civil Code 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
performed at the time 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.(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 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 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.
SIGNED AND SEALED on December 19, 2002
Shaped Industries of Northern California,A
PRINCIPAL:Division of Shapell Industries, Inc.,a Delaware Corp. SURETY: National Fire Insurance Company of Hartford
Address: '100 North Milpitas Boulevard sAddrp-w,5820 Canoga Avenue, Suite 200
City: Milpitas Zip: 95035 City:Woodland -{ills , Zip: 91367
Print Name: �-T C. "7r—E' - ' ` �` Print Name: Pamela L. Stocks
> G r Attorney-in-Fact
Title: ?� f #V, S 10;- 1 1v` t Title: y
By:
Title:
Sl:
............................
Rev;7ti�17 1�9.5�
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Knew All Men By These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American
0asualty Company of Reading,Pennsylvania(herein called"the CNA 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 seats herein affixed hereby
make,constitute and appoint
Pamela L.Stocks,Beverly A.Hall,Sandra V. Hanner, Individually
Of Sherman Oaks,California
their true and lawful Attarney(syin-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 p 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 By-Law and Resolutions,printed on the reverse
hereof,duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 3rd day of August,2001.
t"UAO 01
Continental Casualty Company
o0wr *W National Fire insurance Company of Hartford
Jay ill. American Casualty Company of Reading,Pennsylvania
u SEAL "r
,ee ,
Michae€Gengier group Vice President
State of Illinois,County of Cook,ss:
On this 3rd day of August,2001, before me personally came Michael Gengler to me known,who,being by me duty swom,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.
iOFFICIAL SULK i w
owe F"M614t
i Wis
1Nt1it
My Commission Expires September 1 7,2001 Diane Faulkner 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 the corporations printed on the reverse hereof is still in force.In testimony
whereof I have hereunto subscribed my name and affixed the seat of the said corporations this I�9t�day of
December 2002
Continental Casualty Company
o National Fire Insurance Company of Hartford
� b American Casualty Company of Reading,Pennsylvania
0 SEAL JucY 71,
ttiA1 IIA + ! a—
(Rev. 1/23/01)
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 attomeys-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 seat 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 attomey--in-fact."
This Power of Attorney is signed and seated 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 seal of the Company may
be affixed by facsimile on any power of 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 VI---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 attorneys-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 seal 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 seal of the Company may be af€ixed 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,Aftomeys-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 seat 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 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 heli on the 17th day of February, 1993.
"RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group 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 seal 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 seal 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 December 19 2002 before me, Sandy Tianner - Notary Public
Date NAME. TITLE OF OFFICER., "JANE DUE, NOTARY PUBLIC"
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
(X) personally known to me -OR - (—) proved to me on the basis of satisfactory evidence to be
the person(l) whose name(#.Ish1 mvsubscribed to the within instrument and acknowledged to me that
b*she1tW executed the same in bfather4at authorized capacityOese and that by +1 wherlo
signaltureo) on the instrument the person(.), or the entity upon behalf of which the person{s} acted,
executed the instrument.
� WITNESS tf '#ny hand and aI seal.
J t Commiission#1352157 � T,
Notary Public-Callomia
Los Angeles County r SIGNATURE OF NOTARY
My Comm,ExPirao Jut 2,20tt8
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(S) TITLE OR TYPE OF DOCUMENT
{ ) PARTNER(S) (_v_) LIMITED
(�} GENERAL
{ )
ATTORNEY-IN-FACT NUMBER OF PAGES
TRUSTEE(S)
(�) GUARDIANXONSERVATOR
(� } OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING.
NAME OF PERSON(S) OR ENTITY(IES)
--_National Fire Insurance Company
of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
0.107426-9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�i
State of California
S&
County of
r:
Can nL R7 before me
Da Name and Title of Officer(e.g.,"Jane Coe,Notary Public") "
' personally appeared ` E s0 s-yo 6 WA-s�"� P f" � -
Names)of Sper(s)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)-°i•slare
subscribed to the within instrument and
acknowledged to me that# efthey executed
'IANl T.PiRUS#= the same in their authorized
Commission 18697 acit ca les ; and that b wftheir
Notary Public-California >z p Y{ ) Y �
f Santa Clam ccu signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WIYNESS my hand and officielpseal.
,,, Signature of N ary Public
f
r
l� Though the information below is not required b law,it may rove valuable to g q y y p persons retying 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: rrx r'
( Document Date: Number of Pages: '
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
f i :•• tJf:
Individual r t Top of thumb here
orporate Officer—Title(s): V :i
❑ Partner—❑ Limited ❑General
p ❑ Attorney-in-Fact k;•
Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
D 1999 National Nctary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth..CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toil-gree 1-800-876-6827