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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2002-551 eel THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 17, 2002 by the following vete: AYES: Supervisors Gerber, Uifkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NOW 2002/ >.551 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for PA 0003 — Neighborhood One Park (cross reference SUB 7984) for subdivision being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley)area. (District III) The fallowing document was presented for Board approval this date for PA 0003 (cross reference SUB 7984), located in the San Ramon area. A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of Northern California, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $5,500.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 391840, August 22, 2002 TR.cw I hereby certify that this is a true and correct copy of an action G:NGrpDataTnggvc\BOC 2002W-17-02TA0003 Bo-16.doe Originator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors on Contact:Teri Ric(313-2363) file date shown. Public Works-T.Bell,Construction Current Planning,Convnunity Development 003 Shapelyndus ATTESTED: September 17 2002 Shapell Industries of Northern California � P.O'Box 361169 JOHN SWEETEN,Cleric of the Board of Supervisors and County 100 North Milpitas Blvd. Milpitas,CA 95035 Administrator ATT:sate Wooden,Steve savage&Jim Gold National Fire Insurance Co.of Hartford 21650[Oxnard Straet,#600 Woodland Bots,CA 91367 By— Deputy f° RESOLUTION NO.2002/ 551 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for PA 0003 Neighborhood One Park (cross reference SUB 7984) for subdivision being developed by Shapell Industries of Northern California, San j Ramon (Dougherty Valley) area. (District 1111) DATE: September 17,2002 PAGE 2 II. Surety Band Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929247992, August 14, 2002 Performance Amount: $542,200.00 Labor&Materials Amount: $273,900.00 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. 2002/551 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: PA 0003(x REF SUB 79841 Effective Date: i t` ��V�-- Subdivider: SHAPELL INDUSTRIES OF NORTHERN Completion Period: 1 year CALIFORNIA THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works IIre or SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA `J BY: By: (signature) (print name 7 title) .C. Tru it b r i t RECOMMENDED FOR APPROVAL: Exec. V.P. 1 By: (signature) BY: Engineering Services Divis (print name ie) Mark Westphal FORM APPROVED: Victor J. Westman,County Counsel Asst. S e c t y. (NOTE:Ali signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES_&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private),drainage improvements, signs, street lights, fire Fydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Cade§§66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $5,600.00 cash,plus additional security, in the amount of_$ 542.20(1.00 which together total one hundred percent(100%)of the estimated cost of the worts. 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. B. For Payment: Security in the amount of$ 273-900M ,which is fifty percent(50%)of the estimated cost of the work. ueh security Is presented in the farm of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said W_.K shall be free from defects in mate,i�l or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6, "Acceptance",of the Ordinance Code. Subdivider agrees to correct, repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,doing weed, rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. * IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,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. The indemnities 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 sult(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these afatters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11, NON-PERFORMANCE AND COSTS: if Subdivider fails to complete the work within the time specified in this Agreement,and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete 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/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. •kwaap &AGrpData\EngSvcTorms\AG WORMG-30Adoc Rev.May 18,2001 ........................... ...................................................................................................................................................................................................... ................................................................................................... ................................................................................................................................................................................................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � SS. County of On- 6. �, p0.3- before me,--- � Date Name and Titiof officer(e.g.,`Jane floe,Notary Publicl ' personally appeared — �, Name($)of signer(s) ' Qzonally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ire subscribed to the within instrument anaD .M�,,,:, acknowledged to me that he/ aexecuted PANn;A i.UI CW\td the same in hislh 'authorized-, Commission#13 8611 capacity(ies), and that by hisJh it Notary Public-California ; signature(s)on the instrument the persons , or Santa Gars County the entity upon behalf of which the person(s) MY Comm.Exq ims,Jan 10,20M acted, executed the instrument. WITH S my hand and ' ial seal. Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: t1 i� Document Date: 7A 0003 G�e- F SL; 3- 5 umber of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: • ❑ Individual lop of thumb ere EJ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ A#torney-in-Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 19$9 National Notary Association+8350 De Soto Ave.,P.O.Box 2402•ChaiswoRh,CA 91313.2402•ww ..nationalnotary.org Prod.No,6907 Reorder:Cali Toil-Free 1-600.870.6827 COUNTY OF CON COSTA DEPOSIT PE IT OFFICE OF COUNTY DIT -CONTROLLER TO THE TREASURER: MARTINEZ, LIF IA RECEIVED FROM O ANIZATION NUMBER -) O R (For as .Collect"Procedures see C unfy Administrator's Bulletin 105.) DESCRIPTIgN FUNDJORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. / , � ' _ U LAJd A607, R SDI # r 5 01,o rr- E `�- 640 cJ i ) t E K. E t c E t. t EXPLANATK TOTAL VC-1s) ,r S V G.-, $ E. / DEPOSIT 71i Deposit consists of the following gems COIN and CURRENCY $ CHECKS,M.O,ETC, $ f v BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE.ONLY DEPOSIT PERMIT D NUMBER ASSIE,AWAUG-72- The 2 The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of obove amount is hereby de p sit into tho County Tr ury. acknowledged. r r � r �~ Signed: t �i. r -� ' ' `x'00 Date{` ) Signed:$ ( tSigned: { ,E : j ' �rZ LEXT. eputy'County Auditor Depu ovnty Treasurer >-34 REV.(7-93) 000649-9665 / 831000: 61093910, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035 49,920.00, DA 0004 Pian Check $44,000.00, DA 0004 Improvement Inspection 819800-0800: 61093897, 8 200.00, RA 1103 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093898, $1,000.00, RA 1104 Cash Bond, Shapell Industries of Northern, California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093899, $6,600.00, RA 1105 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093900, 11,100.00, RA 1116 Cash Bond,'Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093901, $2-300.00, RA 1117 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093902, $19,800.00, RA 1122 Cash Bond, Shapell Industries of Norther California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093903, $1,800.00, RA 1125 Cash Bond, Shapell Industries of Northern. California, 100 North Milpitas Blvd. Milpitas,CA 95035 819800-0800: 61093904, $26,900.00, SUB 7984 Cash Bond, ShapellIndustries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093905, $5,500.00, PA 0003 Cash Bond, Shapell Industries of Northern ifornia 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093906, $77,600.00, RA 1122 (SUB 7984) Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093907, $54,800.00, SUB 7984 (Neighborhood #1) Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093908, $21.300.00, RA 1114 Cash.Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093909, $16,400.{70, RA 1125 Cash Bond, Shapell Industries of Northern/ orthern /� California, 100 North Milpitas Blvd. Milpitas, CA 95035 V 000649-9665 / 831000: G1093888, $500.00, RS 2698 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 Sam Ramon Valley Blvd., Danville, CA 94526, 000649-9665 / 831000: G1093889, $500,00, RS 2699 Record of Survey Map Check Fee, Real Estate Engineering, Inc., 1760 Halford Avenue, Ste 360, Santa Clara, CA 95051 000649-9665 / 831000: G1093897, $20,166.00, RA 1103 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093898, jggQO.00, RA 1104 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093899, $;33,295.00, RA 1105 Landscape Inspection, Shaped Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093900, $8,968.00, RA 1116 Landscape Inspection, Shopell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093901, $14,034.50, RA 1117 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093902, ,$46,219.0 , RA 1122 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093903, 111,388.50, RA 1125 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093904, $62,178.25, SUB 7984 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093905, $28,147.00, PA 0003 Landscape Inspection, Shopell .Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000:' 61093908, $48.554.89, RA 1114 Plan Check, Shopell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093909, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 $18.834.00, RA 1125 Plan Check 19Z,145.00, RA 1125 Improvement Inspection 113,563.00, RA 1125 Landscape Inspection 819800-0800: G1093910, ILOOO.00, DA 0004 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95085 Subdivision: PA-MM3,Gate Ranch it,XREF SUB 7984 Bona No.: 929247992 Premium. $2,711.00 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California.Government Code Sections 66462 and 66463) 1. RECITAL oF SLflai mstaN AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision PA-0003.'.Cale Ran _h If XREF SUS as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OimwAnoN: Shapell Industries of Northern California.A Division of Shap ell Industries Inc ,as Principal,and National Fire Insurance Company of Hartford ,a corporation organized existing under the laws of the State of CT ,and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves,our heirs,executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: Five Hundred Forty Two Thousand Two Hundred Dollars and 00/100 Dollars($ 542,200.00 -1 for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Two Hundred Seventy Three Thousand Nine Hundred Dollars and 00/100 Dollars( 273,000.00 )to secure the claims to which ref=nce is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CONC#IT ON: A. Condition of this obligation as to Section 2.(A)above is such that if the above bounded Principal, his or its beirs, 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 previsions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the wanner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County'of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successftrlly enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 281.9, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on August 14, 2002 Shapell Industries of Northern PRINCIPAL:California,A Division of Shaped Industries,Inc. SURETY: National Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4 City: Milpitas Zip; 95035 City:Woodland Hills Zip; 91367 By: By: Print Name: Nathan Shapell Print Name: M rgaret Leonq,,-/ President Attorney-in-Fact --" Title; Title: By: Print Name and Title:;'M rgar Leong Vice President/S e c r e t a r y :MW L�/' N\PWSI\SHAMATA\GVDdaQizSvoWmm\BNN-12r dm POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint Margaret Leong,Individually of , Beverly Hills,California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -in Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as indicated, by the Boards of Directors of the corporations. In Witness Whereat,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 18th day of .lune 1 1998 CONTINENTAL CASUALTY COMPANY ti y NATIONAL FIRE INSURANCE.COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA SEAL ,` )UIY }, /60Z� Marvin J.Cashion Group Vice President State of Illinois,County of Cook,ss: On this I8th day of .tune , 1998 ,before me personally came Marvin J.Cashion,to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago, State of Illinois;that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. Jo 110T R PUSUC Cry My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE i,Mary A.Ribikawskis,Assistant Secretary of CONTINENTAL,CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein, above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse heeof are still in fice.In testi any whereof I have hereunto subscribed my name and affixed the seals of the said corporations this day of i t U,ZT , _,.pp�r CONTINENTAL CASUALTY COMPANY 3` 1tsitq NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA Ota SEAL JULY LR C2` " (Rev.10/1197) Mary A. Ri'bikawskis Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3.Appointment of 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 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 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 duty called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seat of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 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 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 duly adopted by the Board of directors of the Company. "Article%—Executlon 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 Mature. 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 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Sensor 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,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of tike 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 California County of Los Angeles On - '1 `f 4 before me, V,t/1 a E t(a t t I—IC-- NAME. ogre TITLE OF OFFICER.. 'J E 00E.NOT FAY PUBLIC- personally appeared Margaret F. Leong NAME(S)OF SIGNER(S) (x) personalty known to me –OR – (") proved to me on the basis of satisfactory evidence to be the person(t whose name(3) is/=subscribed to the within instrument and acknowledged to me that M1she1exercuted the same in cher/a authorized capacity". and that by Ther/W1WX signature(.4 on the instrument the person(;), or the entity upon behalf of which the person(;) acted, executed the instrument. WITNESS my hand and official seal. ANN PELLANT:1 1-2 +b i'la 3YT f7 SIGNATt1RE 0 IYL�TARY leis teles cx)u gty QMyCCmm-50a5N0V t7. 4 OPTIONAL Though the data below is not required by law, it may prove valuable to persons retying 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_ (-2L) ATTORNEY-IN-FACT NUMBER OF PAGES (�) TRUSTEE(5) {__} GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company V1 art or t3.ra7.xa-e SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ss. r on August 14, 2002 before me, Ann Pell ant, Notary Public Date Name and Title of Officer{e.g.,`Jane Doe,Notary Public') personally appeared Nathan Shapel l and Margaret Leong Name(s)of Slgner(s) {'personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4sMre subscribed to the within instrument and acknowledged to me that#41 executed the same in 4kA4er/their authorized capacity(ies), and that by h4#*Mheir signature(s) on the instrument the person(s), or ANNI PLILANT the entity upon behalf of which the person(s) Z iF. acted, executed the instrument. f.1ns Mg+cies CcYui,hP MyT. t +r17,2CX24 WITNESS my hand and official seal. signature at Notary Pubk OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: N NO 0 Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner---•❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee © Guardian or Conservator ❑ Other: Signer!s Representing: �1889 Natbnal Notary Associatior.•9350 De Soto Ave.,P.O.Box 24C2•Chatsworth,CA 9i3f3?402•www.nationatnaYary,org prod.No.5907 Reorder.CaFI Toll-Free f 80C-876-8827