HomeMy WebLinkAboutMINUTES - 03152005 - 2005 RES 159 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 15, 2005,by the following vote:
AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER AND UILKK\4A
NOES: NONE
ABSENT: SUPERVISOR MARY PIEPHO
ABSTAIN: NONE
RESOLUTION NO.,20051 159
SUBJECT: Approving the Road Improvement Agreement for Stoneleaf Road, RA 02-01139
(cross-reference Subdivision 95-07984), being developed by Shapell Industries of
Northern California, a Division of Shapell Industries, Inc., a Delaware Corp., San
Ramon(Dougherty Valley)area. (District IIl)
The following document was presented for Board approval for Stoneleaf Road, Road
Improvement Agreement file RA 02-01139(cross-reference Subdivision 95-07984)property located
in the San Ramon(Dougherty Valley) area, Supervisorial District III.
A Road Improvement Agreement with Shapell Industries of Northern California,principal,
whereby said principal agrees to complete all improvements,as required in said road improvement
agreement,within one year from the date of said agreement.Improvements generally consist of road
improvements.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action
Originator: Public Works(HS) taken and entered on the minutes of the Board of Supervisors
Contact: Teri Rte(313-2363)
TY:rm on the date Shown.
G:\GrpData\FngSvc\Bo\2005\03-15\I2A 02-01139 BO-15.doc
cc: Public Works.T.Bell,Construction
Current Planning,Community Development ATTESTED: MARCH , 2QQ5
T-sep30,zoos(P I)
Indust
Shapell Industries of Northern California, JOHN SWEETEN,Clerk of the Board of Supervisors and
a Division of Shapell Industries,Inc.,a Delaware Corp.
Attn:S.Warden,S.Savage County Administrator
100 N.Milpitas Blvd.
Milpitas,CA 95035
National Fire Insurance Company of Hartford 1—,411
Attn:M.Cook
5820 Canoga Ave.,Suite 200 By. ,Deputy
Woodland Hills,CA 91367
RESOLUTION NO.2005/ 159
SUBJECT: Approving the Road Improvement Agreement for Stoneleaf Road,RA 02-01139
(cross-reference Subdivision 95-07984),being developed by Shapell Industries of
Northern California, a Division of Shapell Industries,Inc., a Delaware Corp., San
Ramon(Dougherty Valley) area. (District III)
DA'Z'E: March 15, 2005
PAGE: 2
1. Cash Bond
Performance Amount: $9,600.00
Auditor's Deposit Permit No.DP 414104 Date: October 30, 2003
Submitted by: Shapell Industries of Northern California
Taxpayer identification number: 95-2578030
II. Surety Bond
Bond Company: National'Fire Insurance Company of Hartford
Bond Number and Date: 929299635 January 6, 2005
Performance Amount: $946,000.00
Labor&Materials Amount: $477,800.00
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc., a Delaware Corp.
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION N0. 2005/1.59
ROAD IMPROVEMENT AGREEMENT
Developer: Shapell Industries of Northern California Effective Date:
Development: RA 1139(Cross Ref.SUB 7984) Completion Period: 1 year
Road- Stoneleaf Road
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER
Maurice M.Shiu,Public Works Director
(print name& ) (1(9x7t�a A
RECOMMENDED FOR APPROVAL
By: ( *(�
Engineering S ce iv o t &title
FORM APPROVED: Victor J.Westman,County Counsel ':<„ }
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must
cottforin with the designated representative groups pursuant to Corporations Code S313.)
I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Conn "and the above-mentioned Developer,
mutually promise and agree as follows concerning this development.-
2.
evelopment:2. IMPROVEMENTS. Developer 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 development as reviewed and on
::Lc with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
Developer shall complete said work and improvements (hereinafter called "work") within the above completion period from date hereof in a 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. DAPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. For Performance and Guarantee: $ 9.600 cash,plus additional security,in the amount of$946,000 which together total one hundred
percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
13. For Payment: Security in the amount of$477,800,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 Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or
materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities
may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
4, GUARANTEE.AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,"Acceptance,"
of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system
5. PLANT ESTABLISHMENT WORK. Developer 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.
6. MPROVEMENT PLANT WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in
Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during
the one--year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the
work as promised.
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 Developer of his obligation to fulfill this agreement as prescribed;nor shall
the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,cominissions,
officers,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions
defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such
liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the
defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and
attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,
supplied,or approved any plan(s)or specification(s)in connection with this work,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.
4. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or
fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer 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.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to
complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently
completes the work,
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay
all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
11. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development 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 Developer,who shall fulfill all the terms of this agreement
as though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration hereof:
(Check applicable section(s))
_ County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval
RL:kw
G:\GrpData\EngSvc\Slava\Gala Ranch Phase 21RA 11351RA1135 Road Agreement.doc
Rev.April 6,2000
S. PLANT ESTABLISHMENT WORD. Developer 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.
6. IlvTROYEMENT PLAN WARRANTY, Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in
Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during
the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the
work as promised.
7. NO WAIVER BY COTJNTY. inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee
of the County'indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or
materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall
the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNTrY: Developer shall hold harmless and'indemnify the indemnitees from the liabilities as defined in this section:
A. The inderrutWetss benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,
officers,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions
defined below,and including personal injury,death,property, damage,inverse condemnation,or any combination of these,and regardless of whether or not such
liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the
defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions causing liability are any actor omission(negligent or non-negligent)in connection with the matters covered by this Agreement and
attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,
supplied,or approved any plan(s)or specification(s)in connection with this work,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: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
IU. NL0N-PRRFQRMANICE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or
fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer 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.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to
complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently
completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay
all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
11. INNC£)B.PORATION'/AlrMXATION. If, before the Board of Supervisors accepts the work as complete, the development 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 shalt have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement
as though Developer had contracted with the city originally.
12. CONSIDE ATION. Inconsideration hereof:
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the roads)into the County-maintained road system after the improvements are complete.
s Other(requires County Counsel approval
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GAGrpData\Rng5vc\S1ava1Ga1c Ranch Phase 21RA 1135\RAI135 Road Agreement.doc
Rev April 6,2000
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'< CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT �>
?s State of California
„ County of Santa Clara
On October 30, 2003, before me,Janice T. Kruse,Notary Public personally appeared
<5 Marie A. Cook & Mark Westphal, personally known to me to be the persons whose s
sz 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.
y;
JAME T XRM ><
COM
m ►�* 1318697 WITNESS my hand and official seal. >t
,S "Otwy Public-Ca98mic4.
WOO MUG COUW
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Si store of No Public
s Optional Inforti'on
Title or Type of Document: Road Improvement Agreement Stoneleaf Road, Tract 7984 'S
l
<s Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of '
s� Shapell industries,Inc.
zS
?� IJ
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a.vvr 7r r v: ti..vitir�r+ti.vain
D—COOSI PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER:
MARTINEZ,CALIFORNIA
RECEIVED FROM 1�
ORGANIZATION NUMBER �7 r
}} (Qrgardmtion) c`
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUNDJORG. ACCT. TASK OPTION ACTIVITY AMOUNT
(
11
#
t ✓
7
#
t t
EXPLANATION: TOTAL $ #
1<, .,r�' lj ., DEPOSIT r1q,aC
/ Deposit consists of the following items E
j2 j� �'7'C . 21/_5 7Y ETC. $
66iN and CURRENCY $
.j ix5,M. - , 7`r
/ -�ct�� Ck,
{7 jar.% ANx DEPOSITS $
y f /} / _ FOR AUDITOR-CONTROLLER USE ONLY
j. ;JC( �: '11, j{ '%`f & s,'s ) ::1 9 1� ) j `f�` I7 DEPOSIT
PERMIT
NUMBER
4 -411 OM-W -
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt at above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury, acknowledgecL s,
£ c t' 4' Date O�
, ! (f_ Signed: Signed:
EXT. � I( Deputy County Auditor Deputy County Treasurer
0649-9665 / 831400: G1122023, $4,933.62, DPO1-3068, Improvement Plan. Check,
Overraa & Co, 200 Parr Blvd., Richmond, CA 94801
0649-9665 / 831440: G1122038, $4G,544.00,RA1139, Inspection Fee Deposit, Shapell
Industries of Northern California, Po Box 361169, Milpitas, CA 95035
0649-9665 / 831044: GI 122038, $500.00, RAI 116 Overages, Shapell Industries of
Northern California,Po Box 361169,Milpitas, CA 95035
819800-0800: G1122038, $9:400:00 RAI 139,PerformanceCash Bond, Shapell
Industries of Northern California, Po Box 361169, Milpitas, CA 95035
COUNTY G CONTRA COSTA - GENERA RECEIPT +'
1 i THIS COPY IS G 112 2 0 3
DEFT: "" '" NOT A RECEIPT
DOLLAR
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FORI&
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CASH BAL.
RECEIVED FROM
r J t(J CHECK AMT.
rows �� ✓7�<��, /.� �✓�Pf�� PAID
r� ¢ MONEY BAL.
ORDER DUE
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*57,REV.7/89) ''�
Effective Cate of this Bond: October 28,2003
The print on the original executed bond submitted to
County was found to be unclear. This bond replaces that form.
Bond No.: 929299635
RA 1139 Stoneleaf
Development: Road(Cross Ref SUB 7984)
Premium: $7,095.010
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code§§ 66499 - 56499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer (Principal) has executed an agreement
(Road Improvement Agreeaestsw�thafhe County to install and pay for street, drainage and other
improvements on, or along Road{Cross Ref SUB 7984) _ to Complete said work within the time specified
for completion in the Road Improvement Agreement, all in accordance with State and local laws and.rulings.
2. OBLIGATION: Shaped industries of Northern California,A Division of Shapell Industries,Inc.,a Delaware Corp.,as Principal and
National Fire lnsurance com-panv of Hartford , a corporation organized under the laws of the State of CT ,
and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves,
our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay
as follows:
A. Performance: Nine Hundred Forty Six Thousand Dollars and 00/100
Dollars($ 946,000.00 )for itself or any city assignee under the above County
Road Improvement Agreement, plus
B. Payment: Four Hundred Seventy Seven Thousand Eight Hundred Dollars and 00/100
Dollars ($_ 477,800.00 )to secure the claims to which reference is made in Title
15 §§ et seq. 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 bonded principal,
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and
well and truly keep and perform the covenants, conditions and provisions in the said agreement and
any alteration thereof made as therein provided on it or its 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 reasonable costs, expenses and fees, including reasonable attorney's fees, incurred
by the County of Contra Costa or city assignee, in successfially 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, labor
of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work
or labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also, incase suit is brought upon this bond,will pay, in addition to the fact
amount thereof, reasonable costs, expenses and fees, including reasonable attorney's fees, incurred
by the County of Contra Costa or city assignee, in successfully enforcing such obligation, to be
awarded and fixed by the court, all to be taxed as costs and to be included in 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 of the State of California, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the work under the conditions of this bond be fully performed, then this obligation shall
become null and void; otherwise it shall be and remain in.full force and effect.
C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed
to by the Principal and the County shall relieve the Surety from liability on this bond and consent is
hereby given to make such alteration without fizrther notice to or consent by the Surety and the
Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED:
The undersigned executed this document on January 6, 2005
Shapeli Industries of Northern California,A
PRINCIPAL`
Division of Shapell Industries,Inc.,a Delaware Corp. SURE
TY: National l=ire Insurance Company of Hartford
Address: 100 North Milpitas Boulevard Address: 5820 Canoga Avenue, Suite 200
City: Milpitas, CA 95035 City: W,��nd Hills, CA 91367
By: i By: ,.
Print Mame: `' 7/Z 06)312jo cle� Print Name: Pamela L. Stocks
Title: 5 r ' f Title: Attorney-in-Fact
By: Atill
Print Na a and Title: z x ?t-
:MW
C} T38tg1PnOWF—WNwoxntBx-9,doc
...............................................................................
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By'These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a
Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(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 Halt,Sandra V Manner,Gina O'Shea,Individually
of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their
behalf bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the
acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the 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 Senior Vice President and their corporate seals to be
hereto affixed on this 16th day of April,2004.
OAS 4 Continental Casualty Company
National Fire Insurance Company of Hartford
coo�curr `�rarfe American Casualty Company of Reading, Pennsylvania
i JUIY EI,
150
tg97
Michael Gengler Sen' Vice President
State of Illinois,County of Cook,ss:
On this 16th day of April,2004,before me personally came Michael Gengler 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 Senior Vice President of Continental Casualty Company,an Illinois corporation,National
Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation
described in and which executed the above instrument;that he knows the seals of said corporations;that the seals axed 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.
OFFICIAL SEAL
PRICE€LIZA LlZA CE •
63g";
aaNOTARYPRISTATE osiu loos
W 87i7MMIPOWN expose:COMM A,1A
My Commission Expires September 17,2006 Eliza Price Q Notary Public
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the
Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations
printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
6th day of Janua �z 2005
�Asu4� 04 Continental Casualty Company
�.� National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
8
SEAL XHOW LY f.
1897
Mary A.R ika kis Assistant Secretary
Form F6853-11/2001
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article IX Execution of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice
President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of
insurance, bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their
respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
seal of the Company thererto. 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 17a'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 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
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 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 17a'day of February, 1993.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seat of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant
Secretary and the 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 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 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 17"'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 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 January 6,2005 before me, Sandy Hanner-Notary Public
011e !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 person($) whose name(a) is/am subscribed to the within instrument and acknowledged to me that
No/shalt"executed the same in /herliftsk authorized capacity(iw), and that by kwherttt w
signature(s)on the instrument the person(5), or the entity upon behalf of which the person(i) acted,
executed the instrument.
SANDY ANN WITNESS y hand and i seat.
ER Commission#1362167
0 Notary Public-California SIGNATURE t3P NOTARY
Los Angeles G9unty
My Comm.Expires Jul 2,2006
LW-W-4WWqrXW"W - - - - - - CIPTIONAI.
Though the date below is not required by law, It may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
(�) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
{.._ ) PARTNER(S) {__) LIMITED
(�) GENERAL
(-Y-) ATTORNEY-IN-FACT NUMBED OF PACES
{�# TRUSTEE(S)
(�# GUARDIANXONSERVATOR
( ...) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON($) OR ENTITY(IES)
blatinnal Fits Insurance Company of Hartford
SIGNER(S) OTHER THAN NAM5D ABOVE
a.+ar.2se
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
Writing Companies identified below is the surety or insurer.
To principals on bonds and insureds on certain insurance policies written by any one or
more of the following companies (collectively the "Writing Companies") as surety or
insurer: Western Surety Company, Universal Surety of.America, Surety 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, NJ, and The Continental Insurance Company.
DISCLOSURE OF PREMII'.3�1Vf
The premium attributable to coverage for terrorist acts certified under the Act was Zero
Dollars ($0.00).
DISCLOSURK OF IRDERAL-PAR11CIPATION IN P4YM NT OF TERRORISM
L S
The United States will pay ninety percent (90°1x) of covered terrorism losses exceeding the
applicable surety/insurer deductible.
Farm 1=7310
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V
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On January 17, 2005, before me, Janice T. Kruse,Notary Public personally appeared, r.
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. ?>
JANICE T. KRU5E % FITNESS my hand and official seal.
..
Corrmission# 131$697
S Notary Public -California
>; saroa Clara Co
un#y
myrcomm.FxpkwAug 24.2005 Si�ature ofNotary Public
Optional information
Title or Type of Document: Improvement Bond - Road Imnr. Agreement-RA1139
Stoneleaf Road Tract 7984
Capacity Claimed by Signer: Assistant`Tice President and Assistant Secretary of
Sha ell Industries, Inc. l
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