HomeMy WebLinkAboutMINUTES - 07132004 - C.20-C.24 C. 20
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 13, 2004 by the following vote.
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 308
SUBJECT: Accepting completion of warranty period and release of cash deposits for faithful
performance, Minor Subdivision 98-00021, Martinez area. (District II)
Can May 13,2003,this Board resolved that the improvements in Minor Subdivision 98-00021
were completed as provided in the Subdivision Agreement with Kent D.Randall,Jennifer Randall,
Anthony E. Ghisletta and Sara Randall Ghisletta and now on the recommendation of the Public
Works Director;
NOW THEREFORE BE IT RESOLVED that the payment(labor and materials) surety for
$59,850.00,Letter of Credit No. 100430 issued by the Bank of Walnut Creek was retained for the six
month lien guarantee period until November 13,2003,at which time the Public Works Director was
AUTHORIZED to arrange for the return of the letter of credit less the amount of any claims on file.
On November 18, 2003 the Subdivision Agreement was AMENDED to allow the
performance/maintenance surety substitution of a$4,815.00 cash deposit(Auditor's Deposit Permit
No. 415170,dated November 11,2003)in place of Letter of Credit No. 100430,issued by the Bank
of Walnut Creek. At which time the Public Works Director was AUTHORIZED to arrange for the
return of the$4,815.00 performance/maintenance surety Letter of Credit No. 100430 issued by the
Bank of Walnut Creek.
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
JD.rm Supervisors on the date shown.
G:\GrpData\EngSvc\BO\2004\07-13-04\MS 98-00021 B0-60.doc
Originator: Public Works(ES)
Contact: F.Navarro(313-2264) A`T'TESTED.. JULY 13, 2004
I.D.967-33-8956 and 519-32-9471 JOHN SWEETEN, Clerk of the Board of Supervisors
cc: Public Works -M.Valdez,M&T Lab
-T.Bell,Construction and County Administrator
-J.Dowling,Engineering Services
Current Planning,Community Development
Kent D.Randall,Jennifer Randall,
Anthony E.Ghisletta and Sara Randall Ghisletta By ° , Deputy
827 Sage Dr.
Martinez,CA 94553
RESOLUTION NO.2004/ 368
SUBJECT: Accepting completion of warranty period and release of cash deposits for faithful
performance,Minor Subdivision 98-00021, Martinez area. (District II)
DATE: July 13, 2004
PAGE: 2
The Board hereby FINDS that the improvements have satisfactorily met the guaranteed
performance standards for the period following completion and acceptance.NOW THEREFORE BE
IT RESOLVED that the Public Works Director is AUTHORIZED to:
I. REFUND the$1,200.00 cash deposit(Auditor's Deposit Permit No.381938,dated February
21, 2002) plus interest to Kent D. Randall in accordance with Government Code Section
53079, if appropriate, Ordinance Code Section 94-4.406, and the subdivision agreement.
2. REFUND the $4,815.00 cash deposit for the performance/maintenance surety, (Auditor's
Deposit Permit No. 415170,dated November 11,2003)plus interest to Douglas E. Randall
in accordance with Government Code Section 53079,if appropriate,Ordinance Code Section
94-4.406 and the subdivision agreement.
BE IT FURTHER RESOLVED that the warranty period has been completed and the
Subdivision Agreement is exonerated.
RESOLUTION NO. 2004/368
Illi III III!III II 111111 I II III 1111111 I III!I II 11 IIII
#` CONTRA COSTA Co Recorder Office e
STEPHEN L, WEIR, Clerk-Recorder
Recorded at the request of: DVC— 2004-0275135-00
Contra Costa County Monday, JUL 19, 2004 10:08:03
Board of Supervisors FRE $0.00
Return to: Ty41 Pd
Public Works Department $0.00 Nbr-0002243613
Engineering Services Division Ire/RS/1-5
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 13, 2004, by the fallowing vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENDERG, DESAULNIERR AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NO147E
RESOLUTION NO.2004/369
SUBJECT: Accepting completion of improvements for East Branch Park,PA 02-00001,cross-
reference Subdivision 7976 (Right-of-Way Landscaping), San Ramon (Dougherty
Valley) area. (District III)
The Public Works Director has notified this Board that the park improvements for East
Branch Park, PA 02-00001, cross-reference Subdivision 7976 (Right-of-Way Landscaping) have
been completed as provided in the Subdivision (Right-of-Way Landscaping) Agreement with
Windemere BLC Land Company,L.L.C.,heretofore approved by this Board in conjunction with the
filing of the Subdivision Map.
JY:rm
G:\GrpData\EngSvc\BO\2004\07-13-04\PA 0001 BO-45.doc
I hereby certify that this is a true and correct copy of an
Originator: Public Works(ES)
Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of
Recording to be completed by COB Supervisors on the date shown.
I.D. 943291516
cc: Public Works T.Bell,Construction Div. ATTESTED: J g.Y 1 3 r 2004
M.Valdez,MBcT Lab ,
City of Sar,Ramon JOHN SWEETEN Clerk of the Board of Supervisors and
Atm:Chris Low County Administrator
2222 Camino Ramon
San Ramon,CA 94583
Windemere BLC Land Company,L.L.C.
3130 Crow Canyon Place,#310
San Ramon,CA 94583 By , Deputy
Attn:Brian Olin
St.Paul Fire and Marine Insurance
333 City Blvd.West#1100
Orange,CA 92868
RESOLUTION NO.2004/ 369
SUBJECT: Accepting completion of improvements for East Branch Park,PA 02-00001,cross-
reference Subdivision 7976 (Right-of-Way Landscaping), San Ramon (Dougherty
Valley) area. (District III)
DATE: July 13,2004
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of July 13, 2004 thereby establishing the six-month terminal period for the filing of liens in case
of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF SURETY
October 1, 2002 St. Paul Fire and Marine Insurance Company
BE IT FURTHER RESOLVED the payment(labor and materials) surety for$695,150.00,
Bond No. ST 2225 issued by the above surety be RETAINED for the six month lien guarantee
period until January 13,2005,at which time the Clerk of the Board is AUTHORIZED to release the
surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that the Park improvements in East Branch Park, the
hereinafter described park, as shown and dedicated for public use on the Final Map of Subdivision
8620 filed October 25, 2002 as Lot 8 of Book 448 of Maps at Page 19, Official Records of Contra
Costa County,State of California,are ACCEPTED as complete. Upon acceptance by the Board of
Supervisors, the San Ramon City Council shall accept the park improvements for maintenance in
accordance with the Dougherty Valley Memorandum of Understanding.
PARK NAME ASSESSOR PARCEL NUMBER AREA
East Branch Park 223-100-032 5.066 Acres
BE IT FURTHER RESOLVED that the beginning of the one-year warranty period is hereby
established, and the $13,903.00 cash deposit (Auditor's Deposit Permit No. 391754, dated August
21,2002)made by Windemere BLC Land Company,L.L.C.and the performance/maintenance surety
bond rider for $206,460.00, Bond No. ST 2225 issued by St. Paul Fire and Marine Insurance
Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code
until release by this Board.
RESOLUTION NO. 2004/369
To be attached to and form part of Borid N=ber ST 2225 o�ective
August 14 2092 - ___ issuad by the at, Pit ire end Marine lnatrana ComM
in the amount ofM'1L +fin _re }�t�ndr a enty Six
Thousand Three Hundred NinIty,Seven and 00M00 00-------DOLLARS ($ 1,376,397.00 )s
onbehalfof Windemere 13LC Land Cpm an LLC ,
as Principal and in favor of County of Centra Costa
as Obligee,
Noir therefore,it is agreed that.
We, St. Raul Fire and Marine lnsurenoe Company--
surety
orn err Surety on zi a ova ,hely i(tpukta and agree at and a er e e active
date
FROM: One Million Three Hundred Seventy Six Thousand Three 1,376,397.00 �
Huudrod Ninety Seven. and Ilo/100
TO: Two Hundred Six Thousand Four Hundred Sixty and 00/100-- ($ 2M,460.00 }
It is further understood and agreed that all other tams and conditions of this bund shall rein unchwWd.
This rider is to be effective the 3rd Day of June , 2004
Signed,Se"acid Mad this 11th Day of June , 2004
St. Paul Flre and Marine Insurance Compap
(3y)
liyla
Patricia H. Brebner Attorney-Ixt-peat
CAI»IFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Orange
On June 11, 2004 before me, Ashley K.Ward,Notary Public ,
DATE NAME,TITLE of OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared l auicia H.Brebner ,
NAME(S)OF SIGNENS)
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 helshelthey executed the same in
his/her/their authorized capacity(ies),.and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
�r A5i#LEY K.WNtb behalf of which the person(s) acted, executed the instrument.
Corrttr bsio l*1483686
Notary PSC-Catifornia
Orange County
11O.MV Comm.ExpkwApr 16,2006 WITNESS my hand and official seal.
SI ATI3RE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this farm.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL
AT'T'ORNEY-IN-FACT
[-1 TRUSTEE(S)
�] GUARDIAN/CONSERVATOR NUMBER OF PAGES
OTHER:
SINNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTfTY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-40671GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION i 6236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
7heS?Pa 11
POWER OF ATTORNEY
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
Power of Attorney No. 22775 Certificate No. 1401671
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that
St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized tinder the laws of the State of Maryland,and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,
Inc.is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies), and that the Companies do hereby make,
constitute and appoint
,Tames A. Schaller,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright,
Jeri Apodaca,Patricia H.Brebner,Leigh McDonough and Alexis H.Bryan
of the City of Costa Mesa ,State California their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 4th day of October 2401
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
i,
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ED
P�ETER•�WCARMAN,
RYAN,Vtce President
i)...'
tl1Sv Min 8 AT. J T'F
.yam
State of Maryland 4rY�
City of Baltimore THOMAS E.HUIBREGTSF,„Assistant Secretary
On this 4th day of October 2001 before me.. the undersigned officer, personally appeared Peter W. Carman and
Thomas E. Huibregtse,who acknowledged themselves to be the'Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St,Paul Fire and
Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and
Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies;and that they, as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
rr�
No”
R
In Witness Whereof,I hereunto set my hand and official seal. p Y
r U�tip
My Commission expires the Ist day of July,2006, �o REBECCA EASLEYONOKALA.Notary Public
i
3i
3
86203 Rev.7-2002 Printed in U.S.A.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul
Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and
effect,reading as follows:
RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating
to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any
c such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so
1 executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
f which it is validly attached;and
t
RESOLVED FURTHER,that Attorney(s)-in-Fact shall have the power and authority,and, in any case,subject to the terms and limitations of the Power of
Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other
writings obligatory in the nature thereof,and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an
! Executive Officer and sealed and attested to by the Secretary of the Company.
s
j1,Thomas E. Huibregtse,Assistant Secretary of Seaboard Surety Company,St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company,
1 St.Paul Mercury insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty insurance
Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is ir,full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF,I hereunto set my hand this 11th day of June 2004
"' �927' �' ^�•
Thomas E.HuibregIse,As&istant Secretary {pE{
7o verify the authenticity of this Power of Attorney,call 1-800-421-3880 and ask for the Power ofAttorney clerk. Please refer to the Power of Attorney number,the
above-named individuals and the details of the bond to which the power is attached '
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CONTRA COSTA Cc Recorder Office
Recorded at the request of: STEPHEN L. LEIR Clerk-Recorder
ContrafSupervCoisonrsts pCounty
Board of SuDOC— 2004-0269352-00
Return to: Wednesday, ,JUL 14, 2004 10:16:05
Public Works Department FRE $0.00
Engineering Services Division
Tt 1 Pd $0.00 Nbr-0002237040
Ire/RS/1-8
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on July 13, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 370
SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement
on Lilac Ridge Road for Road Acceptance RA 98-01082 (cross-reference
Subdivision 7796) San Ramon(Dougherty Valley) area. (District III)
The Public Works Director has notified this Board that the Right-of-Way Landscaping
improvements on Road Acceptance RA 98-01082 have been completed as provided in the
Subdivision Agreement(Right-of-Way Landscaping)with Shapell Industries ofNorthern California,
heretofore approved by this Board in conjunction with the filing of the Subdivision Map.
JY:rm
G:\GrpData\EngSvc\BO\2004\07-13-04\RA 1082 BO-45.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of
Recording to be completed by COB
I.D.95-2578030 Supervisors on the date shown.
cc: Public Works -T.Bell,Construction Div.
-J.Ysmael,Engineering Services
Shapell Industries of Northern California ATTESTED: JULY 13, 2004
100 North Milpitas Blvd. JOHN SWEETEN, Clerk of the Board of Supervisors and
Milpitas,CA 95035
Attn:S.Savage,S.Worden,&J.Gold County Administrator
American Casualty of Reading,PA
5820 Canoga Ave.,Suite 200
Woodland Hills,CA 91367
City of San Ramon
Atte:Chris Low By , Deputy
3180 Crow Canyon Pl.,Ste 140
San Ramon,CA 94583
RESOLUTION NO.2004/ 370
SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement
on Lilac Ridge Road for Road Acceptance RA 98-01082 (cross-reference
Subdivision 7796) San Ramon(Dougherty Valley) area. (District III)
DATE: July 13, 2004
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of July 13, 2004 thereby establishing the six-month terminal period for the filing of liens in case
of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BANKJSURETY
September 21, 1999 American Casualty of Reading, PA
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $95,800.00,
Bond No. 929097489 issued by the above surety be RETAINED for the six month lien guarantee
period until January 13,2005,at which time the Clerk of the Board is AUTHORIZED to release the
surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements on Road
Acceptance RA 98-01082 are ACCEPTED AS COMPLETE. Upon completion of the one-year
warranty and maintenance period,the San Ramon City Council shall accept the public improvements
for maintenance in accordance with the Dougherty Valley Memorandum of Understanding.
BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period
is hereby established, and the$1,900.00 cash deposit(Auditor's Deposit Permit No. 337456 ,dated
September 7, 1999) made by Shapell Industries of Northern California and the
performance/maintenance bond rider for $28,440.00, Bond No. 929097489 issued by American
Casualty Company of Reading, PA be RETAINED pursuant to the requirements of Section
94-4.406 of the Ordinance Code until release by this Board.
RESOLUTION NO. 2004/370
Executed in Triplicate
RA-1082 at Gale Ranch XRef 7796
CWASUR;
Increase -Decrease Rider
TO SE ATTACHED TO and farm part of Band Number 929 097 489 issued by the -
American Casualty Company of Reading.-PA
as Surety,on behalf of Shapell Industries of Northern California, a Division of Shapell Industries, Inc.
of Milpitas CA
hereinafter referred to as the Principal,and
in favor of County of Contra Costa
of Martinez CA
hereinafter referred to as the Obligee,effective the
31st day of August, 1999
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable,consideration it is
understood and agreed that effective the 112th day of May , 2004 and subject to ail the terms,
conditions and limitations of the attached bond,the penal sum thereof shall be and the same Is hereby decreased
from the sum of One Hundred Eighty Nine-Thousgind Six. Hundred No/900***
Dollars{ $989600.00*** )
to the sum of Twenty Eight Thousand Four Hundred Forty No/10 ***
-- -Dollars( $28,440.00*** ).
IT IS FURTHER UNDERSTOOD and agreed that sub)ect to all the terms, conditions and limitations of the attached bond,
the aggregate liability of the Surety far any loss occurring prior tc sold date shell not exceed the sum of
Hundr-ed-Eirihty Nln Tt usa r 1 0***
Dollars($189,600.00***
or for any loss ocouning subsequent to said date shall not exceed the sum of
Twenty Eight Thousand Four Hundred Forty No/900*** Dollars 028.440.00*** }
In no event,however,shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, It being the
intent hereof to preclude cumulative liability.
SIGNED,SEALED AND DATED this _13th day of May, 2004 ,
Accepted By,
Shapell Industries of Northern California, a Division of
Coun contra CZ La Shapell industries, Inc.
(Prinolpal)
BY: g ; � 1✓� (Seel)
.
9 :
fEN COX, ASST. SEC.
American Casualty Company of Reading, PA
(Sur- )
g - (Seal)
Pamela L. Stocks Attorney-in-fact
SUR-23189-D
ROWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-T=ACT
Know All Men By These Presetrts,That Continental Casualty Company,National Fire insurance Company of Hartford,and American
Casualty 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 seals herein affixed hereby
make,constitute and appoint
Pamela L.Stocks, Beverly A.Hall,Sandra V.Hanner, Individually
Of Sherman Maks,California
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bonds,undertakings and other obligatory instruments of similar nature
In Unlimited Amounts—
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given Is hereby ratified and c6nfirmed.
This Power of Attorney is made and executed pursuant to and by authority of the Fly-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.
Continental Casualty Company
o� National Fire insurance Company of Hartford
+ American Casualty Company of Reading,Pennsylvania
SFJ1t. Y
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Michael Gengler Group Vice President
State of Illinois,County of Cook,as:
On this 3rd day of August,2001,before me personally came Michael Gengler 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.
♦�i�N��i�i�Mt�i4N♦►ri•is:
own FmAjam
11rMiy itilwr.ft".+saner.
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My Commission Expires September 17,2001 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 seal of the said corporations this 13th day of
May ,-2-OD4
(ft' D
ts'04r�lw) d M°k Continental Casualty Company
�o National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
JIAY 3!,
(Rev. 1123101) 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—Executlon 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 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 Vt--1 xecutlon of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attomey-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 seat 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 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 Attomey-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, 1953.
"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 An eles
On May 13, 2004 before me, Sandy lianner - Notary Public
Date NAME, TITLE OF OFFICER., "JANE DOE. NOTARY PU8LIC-
personally appeared P ame 1 a L. Stocks
NAME(S) OF SIGNER(S)
{ ) personalty known to me-OR - (—) proved to rate on the basis of satisfactory evidence to be
the personas) whose name{*istxf mmubscribed to the within instrument and acknowledged to me that
Wshe/l M executed the same in WWher/Smit authorized capacityoffl , and that by Yherl4"
signature($) an the instrument the person(K), or the entity upon behalf of which the person(30 acted,
executed the instrument
SANDY HANNER WITNE my hand official seal.
_ Commission*1362157
il� *My
Notary Public-CafifornisLos Angeles County Comm,Expires Jul 2,2006
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
(._..j CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) (_. ) LIMITED
GENERAL
NUMBER OF PAGES
( )
ATTORNEY-IN-FACT
( )
TRUSTEE(S)
{�) GUARDIAN/CONSERVATOR
(�) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Casualty-Company
of Reading, Pennsylvania SIGNER(S)OTHER THAN NAMED ABOVE
o-to7s2a-e
NOTICE
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds and certain insurance policies on which one or more of the
1;Vriting 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 Bonding
Company of America, Continental Casualty Company, National Fire Insurance
Company of Hartford,American Casualty Company of Reading, PA, The Firemen's
Insurance Company of Newark, NJ7, and The Continental Insurance Company.
D,15 QSURE OF PREDE
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00),
U P E .
SSE
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
r-Ofm F'7310
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On May 17, 2004, before me,Janice T. Kruse,Notary Public personally appeared,J.C.
Truebridge & Ken Cox personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacity, and that by their signature on the instrument the persons, or
the entity upon behalf of which the persons acted, executed the instrument.
Commission
a x.K131 WITNESS rn hand and official seal.
�j Commission# 131$697 y
Notary Public-California !�
Santa Clara County
Mty COMM.Ekpita Aup 2A,Z
Signature of Notary Public
1 ?�
Optional Information
Title or Type of Document: Increase/Decrease Rider Bond #929-097-489,Tract 7796
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries,Inc.
Recorded at the request Of: CONTRA COSTA Co Recorder Office
Contra Costa County STEPHEN L, WEIR, Clerk-Recorder
Board of Supervisors DOC— 2004--0269353-i00
Return to:
Public Works Department Wednesday, JUL 14, 2004 10:16:39
Engineering Services Division FRE $0.00
Tt l Pd $0.00 Nbr-0002237041
irc/R9/1-5
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Resolution on July 13, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ .371
SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement
for Road Acceptance RA 00-41102(cross-reference Subdivision 7976)San Ramon
(Dougherty Valley) area. (District 111)
The Public Warks Director has notified this Board that the Right-of-Way Landscaping
improvements in Road Acceptance RA 00-01102 have been completed as provided in the
Subdivision Agreement(Right-of-Way Landscaping)with Windemere BLC Land Company,L.L.C.,
heretofore approved by this Board in conjunction with the filing of the Subdivision Map.
Nam
G:\GrpData\EngSvc\BO\2004\07-13-04\RA 1 102 Bo-45.doc
Originators Public Worsts(ES) I hereby certify that this is a true and correct copy of an
Contact. Teri Rie(313-2363) action. taken and entered on the minutes of the Board of
Recording to be completed by COB
I.D. 94-3291516 Supervisors on the date shown.
ccs Public Works -T.Bell,Construction Div.
-J.Ysmael,Engineering Services ,JULY 1 2004
Windemere BLC Land Company,L.L.C. ATTESTED. t
3130 Crow Canyon Place,#310 JOHN SWEETEN, Clerk of the Board of Supervisors and
San Ramon,CA 94583
Attw B.Olin County Administrator
The American Insurance Company
5 Peters Canyon
Irvine,CA 92606
City of San Ramon B �, -,Deputy
Attn:Chris low y .. —-- a �—;
3180 Crow Canyon Pl.,Ste 140 tf
San Ramon,CA 94583
RESOLUTION NO.2004/371
SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement
for Road Acceptance RA 00-01102 (cross-reference Subdivision 7976)San Ramon
(Dougherty Valley) area. (District III)
DATE: July 13, 2004
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of July 13,2004 thereby establishing the six-month terminal period for the filing of liens in case
of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BANK/SURETY
January 15, 2002 The American Insurance Company
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$2,755,500.00,
Bond No. 11127507082 issued by the above surety be RETAINED for the six month lien
guarantee period until January 13,2004,at which time the Clerk of the Board is AUTHORIZED to
release the surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements on Road
Acceptance RA 00-01102 are ACCEPTED AS COMPLETE. Upon completion of the one-year
warranty and maintenance period,the San Ramon City Council shall accept the public improvements
for maintenance in accordance with the Dougherty Valley Memorandum of Understanding.
BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period
is hereby established,and the$55,100.00 cash deposit(Auditor's Deposit Permit No.379205,dated
December 24, 2001) made by Windemere BLC Land Company, L.L.C. and the
performance/maintenance bond rider for $810,190.00, Bond No. 11127507082 issued by The
American Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of
the Ordinance Code until release by this Board.
RESOLUTION NO. 2004/371
.............
___..........
__.....
_._........_...
F)fI'eT.wis
FEInd"'
Increase or Decrease Bond Penalty Rider
To be attached to and form a part of Bond Number 111 2750 7082 dated the 18th day of December,
2001, executed by The American insurance Company, Surety, on behalf of 'Windermere BLC Land
Company, Inc., Principal, and in favor of the Count
y of Contra Costa, Obligee for Public Right of Way
Landscape Agreement in Subdivision 7976.
It is understood and agreed that the Bond Penalty is changed:
From: Five Million Four Hundred Fifty Five Thousand Eight Hundred and 00/100's
($8,455,800.00)
To: Eight Hundred Ten Thousand One Hundred Ninety and 00/100ss
($810:190.00)
Effective: ,lune 10, 2004
Provided, however, that the aggregate liability of the Principal and Surety shall not exceed the amount
of liability assumed at the time the act and/or acts of default were committed and in no event shall such
liability exceed the larger of the above mentioned sums. The liability of the Principal and the Surety
under the Bond and under the Bond as changed by this rider shall not be cumulative.
Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions,
agreements or warranties of the above mentioned Bond other than as stated above.
Sinned, sealed, and dated this 11"h day of June, a004.
(See attached signature page)
ss Dina Printy �..� Principal
The American Insurance Company
f Surety
Wi ness Eileen M. Robison, Attorney-in-Fact
ACCEPTED
The above is hereby
agreed to and a cep
Obligee
By.
Attest
Title Title
WINDEMERE BLC LAND COMPANY, LLC, a California
limited liability company
By: LEN-GBS WINDEMERE, LLC,a Delaware limited
liability company, its Managing Member
By: LENNAR HOMES OF CALIFORNIA, INC.,a California
corporation, Its Managing ber
By:
David Evans, Vice esident
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL
SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in
Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE
COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint
Eileen M. Robison of Novato, CA
their true and lawful Attorneys)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds,undertakings,recognisances or other written obligations in the nature thereof------------
and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the
Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises.
This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now
in full force and effect.
This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of.Directors of each of the
Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended
or repealed:
"RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,
and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,
or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or
certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies."
IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto
affixed this 2 n9l day of NoVembe 2001_.
{ .$ µ , , r,,,,� FIREMAN'S FUND INSURANCE COMPANY
�'•r • � ` , ` NATIONAL SURETY CORPORATION
�P°R� „a '•.�, ; `', , * x = —. THE ANIE.,RICAN INSURANCE COMPANY
,�_S B E A L'S�
w •, ,.`: " <� , ASSOCIATED INDEMNITY CORPORATION
�`"' `• `' ` ° c cc�� `""arc ctl�� '* '! AME ICAN AUTOMOBME INSURANCE COMPANY
STATE OF CALIFORNIA
COUNTY OF MARIN SS. y vice-President
On this 2nd_ -day of November 2 0 0l ,before me personally came Donn R. Kolbeck
to me known,who,being by me duly sworn,did depose and say.that he is a Vice-President of each company,described in and which executed
the above instrument;that he knows the seals of the said Companies,that the seals affixed to the,said instrument are such company seals;that
they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order.
IN WITNESS WHEREOF,I have hereunto set my handand affixed my official seal,the day and year herein first above written.
r KRISTIN A.GAZZOL1
a COMM.#1262236
NOTARY PUBLIC-CALIFORNIA
,{
MARIN COUNTY Q
My COMM.Expires Apra!29,20N "A
Not&MSTATE OF CALIFORNIA SS. CERTIFICATE
COUNTY OF MARIN
I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF
AT rORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution
of the Board of Directors;set forth in the Power of Attorney,arS now in force.
Signed and sealed at the County of Marin. Dated theZr ,, day of
X.
s cn� �'&kci`cb�tias ° Resident Assistant S
r,y
'e nsnn
CONTRA COSTA Co Recorder Office
Recorded t the request of, STEPHEN L. WEIR Clea-Recorder
Board of Supervisors Contra Costa CQunty DOC— 2004-0269354-00
Return to: W*dnesdoy, JUL 14, 2004 10:16:47
Public Works Department FRE
Engineering Services Division ��'��
Tt l Pd $@,00 Nbr•0002237042
Ire/RS/1-6
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Resolution on July 13, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 372
SUBJECT: Accepting completion of improvements for Right-of-Way Landscape Agreement for
Road Acceptance RA 00-01103 on Dougherty Road (cross-reference Subdivision
7984), San Ramon(Dougherty Valley) area. (District III)
The Public Works Director has notified this Board that the improvements for Road
Acceptance RA 0001103 have been completed as provided in the Subdivision Agreement with
Shapell Industries of Northern California,heretofore approved by this Board in conjunction with the
filing of the Subdivision Map.
JY:rm
G:\GrpData\EngSvc\BO\2004\07-13-04\RA 1103 B0 45.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of
Recording to be completed by COB
I.D.95-2578030 Supervisors on the date shown.
cc: Public Works -T.Bell,Construction Div.
-J.Ysmael,Engineering Services
Shapell Industries of Northern California ATTESTED: JULY 13) 2004
100 North Milpitas Blvd. JOHN SWEETEN, Clerk of the Board of Supervisors and
Milpitas,CA 95035
Attn:Sam Warden,Steve Savage&Jim Gold County Administrator
National Fire Insurance Company of Hartford
5820 Canoga Ave.,Ste 200
Woodland Hills,CA 91367
City of San Ramon,Aun:Chris Low
3180 Crow Canyon Place,Ste 140 By X �` ,Deputy
San Ramon,CA 94583
RESOLUTION NO.20041 372
SUBJECT. Accepting completion of improvements for Right-of-Way Landscape Agreement for
Road Acceptance RA 00-01.103 on Dougherty Road (cross-reference Subdivision
7984), San Ramon(Dougherty Valley) area. (District 111)
DATE: July 13,2004
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of July 13, 2004 thereby establishing the six-month terminal period for the filing of liens in case
of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BANK/SURETY
September 17, 2002 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment(labor and materials) surety for$409,300.00,
Bond No.929 247 990 issued by the above surety be RETAINED for the six month lien guarantee
period until January 13,2005,at which time the Clerk of the Board is AUTHORIZED to release the
surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that the Right-of-Way landscaping improvements for Road
Acceptance RA 00-01103 are ACCEPTED as COMPLETE. Upon completion of the one-year
warranty and maintenance period,the San Ramon City Council shall accept the public improvements
for maintenance in accordance with the Dougherty Valley Memorandum of Understanding.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$8,200.00 cash deposit(Auditor's Deposit Permit No.391840,dated August 22,
2002) made by Shapell Industries of Northern California and the performance/maintenance bond
rider for $121,545.00, Bond No. 929 247 990 issued by National Fire Insurance Company of
Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code
until release by this Board.
RESOLUTION NO. 2004/372
Executed in Triplicate
RA-1103, Gate Ranch 11, XREF SUS 7984
CWA suRETY
Increase -Decrease hider
TO aE ATTACHED TO and form part of Brand Number 929 247 990 issued by the
National Fire Insurance Company of Hartford
as Surety,on behalf of Sha 11 Industries of Northern California, a Division of Sha ell Industries, Inc.
of Mil itas CA
hereinafter referred to as the Principal,and
in favor of Coun of Contra Costa
of Martinez
hereinafter referred to as the Obliges,effective the
14th day of- August, 2002.
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is
understood and agreed that effective the 12th day Of Mao . , 2004,and subjact to all the terms,
conditions and limitations of the attached bond,the penal sura thereof shall be and the sante is hereby decreased
from the sum of
Dollars( $810.300.00* }
to the sura of One Hundred Twenty One Thousand Five Hundred Forty Five No/100***
Doliars( $121.545.00***),
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond,
the aggregate 119b11lty of the Surety for any loss occurring prior to said date shell not exceed the sum of
Eight Hundred Ten Thousand Three Hundre No/100**"
Dollars($810.300.00*** }
or for any loss occurring subsequent to said data shall not 6xceed the sum of
One Hundred Twenty One Thousand Five Hundred Fort Five No/100*** Dollars($121,545.00*** 1
In no event,however,shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it being the
intent hereof to preclude cumulative llabillty.
SIGNED,SEALED AND DATF-a this 13th day of May, 2004
Accepted By:
Shapell Industries of Northern California, a Division of
Count d-f,,Contra Ca Shapeli Industries, Inc.
(P.,rincipaal)
B : 8 Z'c'� (Seat)
ar
MUEBRID E AS T. V.P.
8 :
KE C4X, ASST. SEC.
National Fire Insurance Company of Hartford
�etY)
g , (Seal}
Pamela L. Stocks Attorney-in-fact
SUR-23169-D
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Milan By These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American
Casualty 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 seals herein affixed hereby
make,constitute and appoint
Pamela L.Stocks,Beverly A.Hall,Sandra V.Hanner,Individually
of Shennan Oaks,California
their true and lawful Attorneys}ln-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bonds,undertakings and other obligatory instruments of similar nature
--In Unlimited Amounts---
and to bind them thereby as fully and to the same extent as If such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the 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.
+ ` Continental Casualty Company
cs °P�rri National Fire Insurance Company of Hartford
+ American Casualty Company of Reading,Pennsylvania
13E�l. `e 1}02
1107
Michael Gengier Croup Vice President
State of Illinois,County of Cook,ss:
On this 3rd day of August,2001,before me personally name Michael Cengler to me known,who,being by me duly 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.
• Ot'IfhGl/U.�/1L' •
� Wl►1*iPPJAXNER ' V"4-"SL/""\
O NA"ba oon 10«a« « w«««««w«w«««r
My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A.lRibikawskis,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 seal of the said corporations this 1 3 t•h day of
May 2004 .
of
' Continental Casualty Company
rxT& National Fire Insurance Company of Hartford
American Casualty Company of Pleading,Pennsylvania
SAI- r1'
01
(Rev. 1!23101) Mary A.Ribikawskis Assistant Secretary
Authorizing By-mews 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 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 1X 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 seat 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 duty adopted by the Board of
Directors of the Company.
"Article W--Execution of Obligations and Appointment of Attorney-in-t=act
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 attorney-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 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 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 seated and certified by certificate so executed and seated 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 duty 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 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
County of Lns Angeles
Or Mayll 2QO4 before me, Sandy Hanner- Notary Public
Crate NAME,TITLE OF OFFICER„'JANE DOE,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 personps) whose name(*is/att>lmubscribed to the within instrument and acknowledged to me that
b*she/JhW executed the same in WWherl*Aslt authorized capactty{im* and that by Nwher/AW
signature{a)on the instrument the person(S), or the entity upon behalf of which the person(30 acted,
executed the instrument. f
SANDY HANNER WITNES my hand and qW.W seal.
Commission#1352157 t
= s Notary Public-Csftmis
+. Las Angeles County � $lt3�RE Oi`NOTARY
My Comm.Expires Jul 2,20.
QPTIt'.INAI.
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
f 3 INDIVIDUAL
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
(_ . )
PARTNER(S) {_,. ) LIMITED
{�) GENERAL
NUMBER OF PAGES
( }
ATTORNEY-IN-FACT
{ )
TRUSTEE(S)
{ }
GUARDIAN/CONSERVATOR
{_..,.} 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
G-107425-5
NOTICE
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds and certain insurance policies can 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 (collectivdly the "Writing Companies") as surety
or insurer:Western Surety Company,Universal Surety of America, Surety Bonding
Company of America, Continental Casualty Company, National Fire Insurance
Company of Hartford,American Casualty Company of Reading, PA,The; ir6men'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).
Dj3QLQSERE-OF FEDERAL PARnCMMQN LN NT OF TERROR
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Ecrm�rai�
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On May 17, 2004,before me, Janice T. Kruse,Notary Public personally appeared., J.C.
Truebridge& Ken Cox personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the carne
in their authorized capacity, and that by their signature on the instrument the persons,or
the entity upon behalf of which the persons acted, executed the instrument,
JZT10E T"KR'USE
Corrtmiaslan# 1318697 WITNESS m hand and official seal.
Notary Public-California y
Santa Clara County
twty Carnet,Expires Aug 24,2 -
/ Signature of Notary Public
Optional Information
Title or Type of Document: Increase/Decrease Rider Bond #929-247-990-Tract
7984
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapeli Industries,Inc.