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HomeMy WebLinkAboutMINUTES - 04192005 - 2005 RES 232 THE BOARD OF SUPERVISORS OF CONTRA. COSTA COUNTY,CALIFORNIA Adopted this Resolution on April 19, 2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UIIXR A. NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2005, 232 SUBJECT: ,Approving the Subdivision Agreement (Right of Way Landscaping) for RA 02- 011.38 (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} The following document was presented for Board approval this date for RA 02-01139 (cross-reference Subdivision 95-07984), located in the San Ramon (Dougherty Valley)area. A Subdivision Agreement (Right of Way Landscaping) with Shaped Industries of Northern California, a Division of Shapell. Industries, Inc., developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: L Cash Deposit Deposit Amount: $1,000.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 435100 November 24, 2004 av:rm I hereby certify that this is a true and correct copy of an Originator: Borks(ES) 42-41138 B©-16.doe action taken and entered on the minutes of the Board of Qrlglnetor: Public'Works(ES) Contact: Teri Rie(313-2363) Supervisors on the gate shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development T-February 19,2006(P1) ATTESTED: APRIL 19, 2005 Shapell S.W Industries ,J.Gold, California JOHN SWEETEN Clerk of the Board of Supervisors and Attn:S.w�ra�n,J.Dona,s.s�vas� , 100 N,Milpitas Blvd. CountyAdministrator,Milpitas,CA 95035 National Fire Insurance Company of Hartford Attn:P.Stocks 5820 Canoga Ave.,Suite 240 Woodland Hills,CA 91367 By ---- Deputy RESOLUTION NO.2005/ 232 SUBJECT: Approving the Subdivision Agreement (Right of Way Landscaping) for RA 02- 01138 (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) DATE: April 19, 2005 PAGE: 2 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929 348 471 November 1, 2004 Performance Amount: $60,2.00.00 Labor&Materials Amount: $30,600.00 Principal: Shapell Industries of Northern California NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2005/232 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and §66463) /C) Subdivision: RAI,138 So.Monarch Road Effective Gate: a Cross-Ref SUB 7g84_1 Completion Period: 1 year Subdivider:, Sha ell Industries-of Norte California ex - THESE SIGNATURES ATTEST T7 THE P RTIES"AGREEMENT HERETO: CONTRA COSTA COUNTY SUB21VIDER: Sha ell Industries of Northern California Maurice M. Shiu, Public Works Director C By: JIM {print name&ti CO vc RECOMMENDED FOR APPROvA�.; By: Engineering Services Divi So (Ont name s 0a) FORM APPROVED: Victor J. Westmaan, County Counsel (NOTE:All signatures lo be acknowledged. If Subdivider is lncorporated, signatures must conisrrrn with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coun "and the above-mintioned Subdtvider,mutually premise and agree as follows concealing this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road Improvements (both public and private), drainage improvements, signs, street Sights, fare hydrants, landscaping, and such other Improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on Elle with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called°'work°)within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder, and where there is a conflict between the Improvement plans and the County Ordinance Code, the stricter requirements shall govem. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider Shall,pursuant to Government Code§56499,and the County Ordinance Code,provide as security to the County: A. For Performgnce.and guarantee: $ '1_.000 -- cash,plus additional security,in the amount of §Q g00. 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 Subdivider guarantees performance under this Agreement and maintenance of the work for one year after Its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. a. For Payment; Security in the amount of$___30J 600._, which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash, certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or funishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with §94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,"Acceptance",of the{ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work andlor materials,or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. Tfie'indemtYibes betief➢tted and,protected by this promise are the County,and Its special district,elective and appointive boards,commissions,officers,agents, and empioyees. 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 improvement plans or accepted the work as complete,and including the defense of any suit(;),action(s),or other proceedings)concerning said liabilities and claims. C. The actions causing iiabiilty are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non--Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specifications)in connection with this work or subdivislon,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly farm any negligent orwilifu€misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS:If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or falls to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to, engineering,inspection, surveys, contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXAT€ON. if,before the Board of Supervisors accepts the work as complete,the subdivision Is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 23. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. •kw:iap GAGrp0atalEngSvc\SIava1Gale Ranch Phase 2-(SO 7564)1RA 11351RA1135 Landscape Improvement Agreement.doc Rev.May 16,2001 �.�n .N.�,.n,^,..a.,v.i rvwF✓ w,.,� vv -. vv ,. ., , v✓_ .r . ^sv. �,i✓.r✓ tinivwvvv.,r.✓v.M.i�.s✓�i.,a.,r� S CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT Mate of Californias '> County of Santa Clara On November 10 2004 before me �< S� , ,Janice T. Kruse,Notary Public personally appeared >s Robert A Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted., executed the instrument. y s � JilCE T,ItRt)SE >; S Commission# 1318697 Notary Public•California ITNEESS my hand and official seal. Santa Clara County MyOornm.ExphwAug2d, Si tore of Notary Public t s Optional Information s Title or Type of Document: Subdivision Agreement-RA1138-So.Monarch Road ?4 S Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of ?` Sha-jpeli Industries, Inc. « 3 ;S OFFICE OF COUNTY AUDITOR»CON1'itC MER THE TREASLWER: MARTNNEZ.CALlFC1RNIA :CEIi M FROM fr, ORGA.NIZATK)NNWM -' (For Ccs Cofi edion Pfoco&m sees C 4u*y A trotor's U"n 105.)SM . lEiC VTIC)N /ORCx 3G TASK TK) 1V ACTNITY AMt)Uht 4-,/,/j Ti lc� } `� /; ` js t 7 G'` 'ti J r1fr jJr,. �'' s 1; ^ �l-/*- :fir'?<.. ! +'..jk; r`1 [Loge i ,-, .t y l! r`•jw.w� { y, # r /, i ! t }✓ r r niADL i v'C EXPLANATION; _ TOTAL $ i K, f _ �� REPO ?,rte„ }f'' •! vi f cansisis of the following items 7 r r CIMS CURRENCY $ r C C:KS,M G1.ETC. E j LG` f� 1 BANK DEPOSITS 5 FOR AUCtMR-CONTROLLER 935E ONLY MPOSiT AN BIER DATE 435 i O$ 09V 24 a"} ASS rt�D The exnotmt 4=dr#s�enifxrd C X7rp'ix far Treomxw's apt of above a *Unt 1s- Receipt of*be"cmaunt is.he►eby ( ciep County Tey, sickseaw� "" EXT. FautyCountyTreasemsr D-34 REV,(7-43) r r �' 0649-9665- /831000: 61140553, $4,590.00, F50400021, Flood Control Fee for Service, Balance Hydrologies, 841 Folger Ace, Berkeley, CA 94710 0649-9665- /$31000: 61140558, $157.00, Certificate of Correction, Human Co., Inc, 1021 grown Ave., Lafayette, CA 94549 0649-9665- /$31000: 61140559, $500.00, Record of Survey #2965, David S. Low, 300 Summit Rd., Walnut Creek, CA 94593 0649-9665- /831000: 61240560, $500.00, Record of Survey #2363, LCCM&P Inc., 930 Estudillo St., Martinez, CA 94553 0649-9665- /831000: 01140562, $500.00, Record of Survey #2964, Patricia A. Morris, 101 La Bolsa Rd., Walnut Creek, CA 94593 0649-9665 /832000: G1140564, $1,550.00, MS 01-0002, Parcel Map Check r ee, Sophie Hahn, 132 Purdue Ave, Kensington, CA 94708 0649-9665 /831000: G114O565, $6,500.00, MS 01-0002, Improvemnet Plan Check, Sophie Hahn, 132 Purdue. Ave, Kensington, CA 94708 0649-9665 /831000: G214O569, $1 .550.00, MS 14-04, Parcel Map Check, PERMCO, 1005 Oak St., Clayton, CA 94517 0649-9665 /831000: 01140570, $5,500.00, RA 1138, Landscape Inspection, 5hapell Industries of Northern CA, 200 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 /831000: G114O574, $4,526.12, MS 14-04, Plan Check, Curtis Trenor, 209 Twin Bridge Circle, Pleasant Hill, CA 94523 819800-0800: G114O562, $12,300.00, MS 01-0002, Cash Bond, Sophie Hahn, 232 Purdue Ave, Kensington, CA 94708 819800-08010: G114O57O, $1,000.00, RA 1138, Landscape Cash Bond, Shapell Industries of Northern CA, 100 N. Milpitas Blvd., Milpitas, CA 95035 Subdivision: SRA 1138 South Monarch Road(Cross-Ref SUB 7984) Bonet No.: 929 348 471. Premium: $432.00 blyRovENmNT SECZITYBOND FOR Punic RiGHT OF NVAY LANDSCAPE AGREEmNT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RECITAL,, OF STJMMSION AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision RA. 1138 SoathMonarch Road(Cross-R 6BUB 7984)as'specified in the Subdivisi.on.A.greement(Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision:. 2. OBLIGATION: Sba ell Industries ofNorthern CaUbmia,ADivision ofSha ell Industries Inc.,as Principal, and National Fire Insurance Corn�pany of�Iartford,a corporation organized existing under the laws of the State of CT,and authorized to transact surety business in California,as Surety,hereby]ointly and severally bind ourselves,our heirs,executors,administrators,successors,and assigns to the County of Contra.Costa, California to pay it: A. Performance anis Guarantee: SThousand Two Hundred Dollars( 6Q,2fl0.00) for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: Thirty Thousand Six Hundred Dollars (S 3� 6110.00 to secure the claims to which reference is made in Title XV(commencing with Section 3082)ofPart 4 ofDivision III of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs,executors,administrators,successors or assigns,small 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 anyalteration thereof made as therein provided,on is or its part,to be Icept'and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning,.and shall indemnify and save harmless the County of Contra Costa (or city assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials famished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereib above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County for city assignee)in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of thus bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety lheruoy waives the provisions of Califoriiia Civil Code Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on November 1, 2004 Shapell Industries of Northern California, A Division of Shapell Industries, Inc. , National Fire Insurance PRINCIPAL: A Delaware Corporation SURETY: g2m2 ny of Hartford ._ Address: 100 N. Milpitas Blvd. Address: 5520 Cm Qga Avenue, Suite 200 City: Milpitas, CA Zip; 95035 City: Wooer d Hills . CAZip 91307 By: "'7� By: Print Name: UJ�' Print Name: Pamela L. Stocks Title: Title: Attorney--in-Fact _ By: T,g -it Name and Title: Q\GrpData\&gSvc\S1ava\Ga1e Ranch Phase 2-(SD 7984)\RA 1138 S.Maaerch Rd!RA!138 Landscape$ nd Agmementdoc Mtt :5 aiW 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 Hall,Sandra V Harmer,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorneys}-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,2044. Continental Casualty Company National Fire Insurance Company of Hartford fro" .0*04 American Casualty Company of Reading,Pennsylvania ` JULY IL. 4r '` 1"1 Michael Gengler Ser► VicePresident 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 sworn,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 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. OFFICIAL SEAL �YAOA� ELIZA PRIDE NOTurrr IZAampscsFMaur W co +ou ":= My Commission Expires September 17,2006 liza Price Notary Public CERTIFICATE 1,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 1st day of NOVeMber 2004 Continental Casualty Company National Fire Insurance Company of Hartford � + tt8 American Casualty Company of Reading,Pennsylvania SEALt. reer Etaw • "er, MaryA.R ika kis Assistant Secretary Form F6853-11/2042 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 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 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 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 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 he valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI--Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any 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 I71 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,'993 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,shat. 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-€n-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`h 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'7, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of California County of Los Angeles On November 1, 2004 before me. Sandy Hanner- Notary Public to NAME,TITLE OF OFFICER., *JANE DOE. NOTARY PUBLIC' personally appeared Pamela L. Stacks NAME(S)OF stoNERfsy (?t ) personally known to me-OR- (,......) proved to me on the basis of satisfactory evidence to be the person(bQ whose name(V !slaw subscribed to the within instrument and acknowledged to me that tsheltl y executed the same in hWherltftlilr authorized capacity(l , and that by 'her/th signature(% on the instrument the person(0), or the entity unon behalf of which the person(lo acted, executed the instrument. SA17CD'Y€-€ANtNFR WITNES f y hand and off sprat. h Commission#1362157 s Notary Public»Cad€€O tua Los Angeles Caxuaty { SIGNATURE OF NOTARY MY Comm.Exp m Jul 2,2= , _ . T . OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) (} LIMITED {..._)GENERAL {....} ATTORNEY-IN-FACT NUMBER OF PACES TRUSTEE(S) GUARDIAN/CONSERVATOR {__ ) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) Oft ENTtTY()ES) National t=ires ingt range Q= any 6 Na fore SIGNER(S)OTHER THAN NAMED ABOVE �"V vrv�r-��^N�/\'N .N//�./N,.\ "✓v�.,^ ^/�'v l✓.. _ / - ..�✓ I n�/n i✓��%Jv�.✓'J I i./✓✓�%�N�i JJ✓i�s\� ,222>2 'J CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT Xz s State of California �z County of Santa Clara On November 4,2004,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. K WITNESS my hand and official seal. i{ _ CommWfon# 1318697 > ON ca ifo > +nta GlaFa county >� My Camtr.Expar�s Aug?4,?0©52 >y 1 tore of Notary Public ?> >; Optional Information z Title or Type of Document: Improvement Bond-RAI 138-So. Monarch Road >5 Capacity Claimed by Signer: Assistant Vtce President 8� Assistan Secretary of ShaneIl Industries,Inc, �S <l )l , S