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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-535 THE BOARD OF SUPERVISORS OF iCONTRA COSTA COUNTY, CALIFORNIA Adoptees this Resolution on August 16, 2005 by the following vote: AYES: Gioia,Pfepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: Nome RESt]LIIIII NC1 55 pproving SM tvlslon Xgreement t of way Landscaping) or Subdivision 02-08681 Neighborhood 6, being developed by Shapell Hermes, a Division of Shapell Industries, Inc., a Delaware Corp.,.San Ramon (Dougherty Valley) area. (District III) The fallowing document was presented. for Board approval this date for Subdivision 02- 08681 Neighborhood 6, located' n the San Ramon (Dougherty Valley)area. A Subdivision Agreement (Right of Way Landscaping)'with Shapell homes, a Division of Shapell Industries, Inc., a Delaware Corp., 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: $6,000.00 Deposit made by: Shapell Homes Auditor's Deposit Permit No. and Date: 447192 June 30,2005 TR:rm I hereby certify that this is a true and correct copy of an Originator: Public Worksos\os-1stsr�oa-ossst so-ts:aoc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri Rie(3I3-2363) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community'Development T-June 16,2006(P1) ATTESTED: AUGUST 16, 2005 Shapell Homes,a Division of Shapell Industries,Inc. loon.Milpitas Blvd. JOHN SWEETEN, Clerk of the Board of Supervisors and Milpitas,CA 95035eCounty Administrator Atte;Sans Worclen National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500' Phoenix,AZ 85015 Attn:Pamela L.Stocks By ,Deputy RESOLUTION No.2005/ 535 SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 02-08681 Neighborhood 6, being developed by Shapell Homes, a Division of Shapell Industries, Inc., a DelawareCorp San Ramon (Dougherty Valley) area. (District DATE: August 16,;2005 PAGE: 2 II. Surety Budd Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929 365 614 .Tune 15, 2005 Performance Amount: $598,100.00 Labor&Materials Amount: $302,050.00 Principal: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp, 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. 2005/535 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§65462 and §65463) Subdivision 8681�(Neighborhood 6) Effective ©ate: Subdivider: Shagell Ho is, a Division of ha ell Completion Period: 1 year Industries; Inc., a Delaware Cora, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA QOTACOUNTY SUBDIVIDER: . , c,�sl� Maurice M.Shiu, Public Works Director C = ) C� X By: (signst—) ` (print nrrne& ie} P, REC M_MgNQEQ FOPik �APPRQVAL; By: Engineering a ision (pflnt r me&nue} 1 FORM APPROVED: Victor J.Wes#man, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider Is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. ,PAKTIF.SDEffective on the above date,the City of County of Contra Costa,California,hereinafter called"Coun yt ,"and the above-mentioned Subdivide ,mutually promise and agree as follows concerning this subdivision: 2. V M Subdivider agrees to install certain road improvements(both public and private),drainage;improvements; signs, street�s "' ytrants, landscaping, and such other Improvements (including appurtenant equipment) as required in the improvement pans fvr 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(heratnefter 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 Cotte 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. 1MfflQMi MENT 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. Fr P rd mapce and Quarantge: $ 0,000,90 cash,plus additional security,In the amount of $ 8 which together total one hundred percent(100¢!0)of the estimated cost of the work. Such additional security is presented in the form'o. Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance;against any defective workmanship or materials or any unsatisfactory performance. B. For Paw Security in the amount of$ 302.050.00 ,which is fitly percent(50%)of the estimated cost of the work. Such security s.presented in the form of: Cash,certified check,or cashlees check �S... 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 work shalt be free from defects in material or workmanship and shall perform satisfactorily for 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. S. FLAN,T ESTABLISHMEL4I WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Saidplantestablishment work shall consist of adegqately 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;WA RF ANTY. Subdivider warrants the improvement plans for the worts are adequate to acca ppilsh the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision, if, at any time before the Boardof 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 X Q��U__����7Y_, inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or-employee ofthe 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 combloation or all of these acts,shall not relievethe Subdivider of his obligation to fulfill this a reement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to compjr with any of the terms and conditions hereof. 8. j,NDEM III : Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnifies benefitted and protected by this promise are the County,and Its special district,elective and appointive boards,commissions,officers,agents,and employees. B. Thep protected against are any liability or claire for damage of any kind allegedly suffered,incurred or threatened because of actions de fined below,and including personal Injury,death,propsdamage,Inverse s ondimnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unoreseeable 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 acts ns causing Ilabiilty 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 there; D. No -Con itlo • 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 subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. �. COSTS:S: Subdivider shall pay when,due,all the costs of the work,Including inspections thereof and relocating existing utilities required thereby. 10, SUEIV_EYS. Subdivider.shall set and establish survey monuments In accordance with the filed map and to the satisfaction of the, ounty Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND,C OSI-S: 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 worts 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 .ounty 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 avork,Subdivider agrees to pay all attorney's flees,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 erritory incorporated as a city or is annexed to ari"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 shell 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. 37Cirpdatfl,Et WomvakAG WOPMACa-30A.doc 2Uv,M9y 7$.2007 •i % 15 Vii: i 33..0.__10u3' 11_:ffl; 2: CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara 4n June 23,2005,before me,Janice T. Kruse,Notary Public personally appeared Robert D.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. JANICE t KRUSE WITNESS my hand and official seal. * Commission#1318697 Notary Public..Colitomia Santo ClCWa County L r My Comm.Expires Aug 24,2005 Signature of Notary Public Optional Information Title or Type of Document: Subdivision Agreement—Landscaping Tract 8681 Capacity Claimed b Si'`nerixt�utive Vice President and Vice p Y Y 8 Frestdent of Shanell Homes a Division of Shabell Industries,Inc. F{ _ WSW ' k^kM'. t' a,a zdr-:k�s,4. t, ''�? i n `s#` , T�� :,g.!v m y.'4'• b �,� s r� ^ra"^.3 x ``'" ems„ x ,v x'. ° r���. :'� t' i,:.. -� , 5.`, '+,� �f r3 ice" °fir F'r.,r} . > - s r :.�;-�` '^ ���'8,���:.. S�'�r �'^��s -Fray '�' ...,.�"�'� �>• �� `�.�+'. ���. �° �-, - � �.,� 5�` +sr, �� ,+�. - � i.. � i" Y � �r� �::a'�,�t .rF- �v � ..-. x e -r-,�. x.: �. ��9•�:;'. 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Yy „.rr.r�a dKas;pn�"•s'+Sz_-''^.�°`^�x"�"° '� �� „s--' � Fx e� t f, .:�4 s �� a` ,�,. u r'„, `x ��s. �-e pfi .,te..r-f aSro OF,=�t '3''WE �' r .. 5 a,.a�'' ,.:..y ?- r. ,t �S+'x+ xi'x.. 3�= a. ,:x�rc*`ts }[t�,,',. <. Sym jt a '", r•ac "'iii :-e .,—I v,� :r'T 4 w"}r'� �;-x`;� e«''�w:,�''k :�'a�,.S �E �'z•T�`T.°�a''���%# ,� � ���# ��r�rj' .� F t. ..y g w � c s:.., -u�s.s'� � �.'�+§i s�i F .�� �s�krr`YIs.�`� `w` a ,�„y����`�i � '#'�•��" .. ; �' a3x,,;,., '¢.. ,x '-..kr> 't Ilxt£�,-E h .r aM1 -�.•v#�. i's'.. .J �` ,,,3f•?§' , + -5 c "� YMF3 g IN . .,.• ,��c, r,. ,t,. '" '� '• �. + s�' � �, s FKE OF COUNTYAUDITOR-CONTROLLER ..: R: MARTINEZ,CALIFORNIA � tw� I _ w �i c-, �/ of ORGANIZATION NUMBER ( +) (For Cash Collictiori Procedures see County Administnrtor's Bulletin 10 )' DESCRIPTION FUND/ORG SI TCT. ASK OPTION ACTIVITY AhIOUNT $ ,�. r r jq oil r . _2 .� . / `' s .r YS x E3CPLANATION: TOTAL, $ t DEPOSIT. Deposit consists of the hollowing terns COIfVcnrl,CURRENCY $ CHECKS;KO;ETC $ BANK DEPOSITS" $ FOIL AUDITOR-CONTROLLER USE ONLY DEPOSIT ' PERMIT DP'�Y t Jq N"ER. // r DATE _tr '1�� L 'ASSIGNED The amount of money described above is for Treasurer's receipt,of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury ackrx w �. Date / l Sighed`;' Signed: -Ext,—::N7-1 Deputy County Auditor Deputy County Treasurer __ 0649-9665 / 112300: 61162221, $21.900.00, 5002-8682, Landscaping Inspection 'Fee Deposit, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: 61162233, $1.100.00, Map & Legal Description' Review, LAFC0566 05-9, Albert U. Seeno Construction Co , 4021 Port Chicago Hwy, Concord, CA 94524.'-4113 0649-9665 / 112300: G1162238 $2.163.04, Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1162211, $3,100.00 PA 05-00028, CashBond, , Danville Tassa ara Prs., LLC, 6121 Bollinger Canyon Rd., Suite 500, Son Ramon, CA 94583 819800-0800: G1162220, $6,000.00, SD 02-8681, Cash Bond, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 819800-0800: 61162221, $4,100.00, SD 02-8682, Cash Bond, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665`" / 112300: 61162209, $500.00, RS 3015, Record of Survey Deposit, Logan Surveying, 391 Columbia Cir, Benicia, CA 94510 0649-9665;, / 112300: G1162212, $20.000.00, PA 05-00028, Landscaping Inspection Fee Deposit, DanvilleTassajara`Prs.,' LLC, 6121 Ballinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649=-9665 / 112300: G1162214, $3,954.48, MS O4-0010, Mahin Living Trust, Mary M. Mahin TTE, 2425 Roundhill Dr., Alamo, CA 94507 0649=9665/ 112300: G1162215, $1,500.00, MS O4-0010, Parcel Map Check, Mahin Living Trust, Mary' M. Mahin TTE, 2425 Roundhill Dr., Alamo, CA 94507 0649-9665 / 112300: G1162227, $500.00, RS3017, Record of Survey Deposit, Christina L. Saenger, 30 Castle Crest Rd Alamo, CA 94507 0649-9665 / 1123001: G1162228, $500.00, RS3016, Record of Survey Deposit, Mark LeClerc, PO Box 489, Lafayette, CA 94549 0649-9665 / 112300; 61162237$9.298.00, DA 0056, Drainage Plan Review Deposit,Shapell 'Homes, A Division of Shapell Industries, Inc. a Delaware Corp, 100 North Milpitas Blvd., Milpitas, CA 95035' 0649-9665 / 112300: G1162239, $216.8220.03, SD 05-08900, Inspection Deposit, Shea Homes Northern CA Division, 2580 Shea Center Dr., Livermore, Ca 94550 0649-9665 / 112300; G1162240, $128,172.00, Sb 05-08955, Improvement Plan Check Deposit, Shea Homes Northern CA Division, 2580 Shea Center Dr., Livermore, Ca 94550 0649-9665 / 112300: G1162241, $2,575.00, MS03-0019, Map Check, Neil Cohn, Hannah Nicole Vineyard, 1260 Quail Trl, Brentwood, CA 94513 0649=9665 / 112300: G1162220, $30,700.00, SD02-8681, Landscaping Inspection Fee Deposit, Sapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035' Subdivide n: 8681,(Neighborhood 6) Bond No.: 929365614 Premium:. $4,486.00 mwRo EMENT SECURITY BOND FoR PUBLIC Ri GHT op WAY L1ANDsCAPE AGREEMENT" (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with.the County to install and pay for public right of way landscaping, and other related improvements in Subdivision 8681, (Naiah6arhood 5) as specified in the Subdivision Agreement '(Rightof Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: Shapell Homes a Division of Shaoall Industries. Inc.,a-Delaware Corp. ,asprincipal,and National Fire Insurance Company of Hartford ,a corporation organized existing under the laws of the State of CT , and authorized to transact surety business in California, as Surety;hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and assigns to the County of Contra Costa,California to pay it: A. perfonnanee and Guarantee: Five Hundred Ninety Eight Thousand One Hundred Dollars and 00/104 Dollars ($ 598,100.00 for itself or any city assignee under the above County Subdivision Agreement, plus B. payment: Three Hundred Two Thousand Fifty Dollars and 00/100 Dollars ($ 302,050.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Cade of the State of California. 3. CONDITION' A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,, his or its heirs,'executors, administrators, successors or assigns, shall in all things'stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and` performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless"the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated,then this obligation shall become' null and void; otherwise it shall be and remain in full farce 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'sfees, 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 I 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 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 successfuhy 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 Cade, 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 fiill force and effect. C. , No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken SIGNED AND SEALED on June 15,2005 Shapeli Homes,a Division of PRINCIPAL'Shapell Industries,Inc.,a Delaware Corp. SURETY: National Fire Insurance Company of Hartford Address: 100 N. Milpitas Blvd. Address.-2355 E. Camelback Road, Suite 500 . City: Milpitas Zip: 95035 City:Phoenix / Zip: 85016 ..'� 7/2-LIC ,2:. Ci"C�' Pamela L.Stocks Print Name: Print Name: Title; 1L�—,5I Title: Attorney-in-Fact By Surety Phone No. 602-212-3200 Print Name and Title: 6 �j :nw TrF IISHARDATAWnpDat.E rigSvc\Fmm)BN WORDIBN-12A doc iteiv3tifE1��1 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California { County of SantaClara On June 20,20©5 before me,Janice T.Kruse,Notary Public personally appeared,J.C. Truebridge& Robert D.Moore 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. `"`st WITNESS my hand and official seal. _ Commission# 1318697 Notary Public w California Santa Clara County My Comm.Expiros Aug 24,20061Signature of Notary Public Optional n0ormation Title or Type of Document: Improvement Bond-Landscape-Tract 8681 , `-tel, Capacity Claimed by Signer: President anti t���e Vice President of Shaoell Homes a Division of Shapell Industries, Inc. POWER OF ATTORNEY APPOMTINC INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Cnntim ntal Casualty Company,an Illinois corporation,National Fire Insurance Company of Harifon,a. Connecticut corporation,and American Casualty Company of heading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), arc 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 of Sherman Oaks , CA their true and lawful Attorney(s)-in-Fact with,full power and authority hereby conferred to sign,seed and execute for avid on their behalf bonds,undertakings and other obligatory instruments of similar stature Surety Bond Number:92936561>>4 Principal: Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp. Obligee:County of Contra Costa and to bind them thereby as frilly and to the tame extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attomey,pursuant to the authority hereby given is hereby rarified 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 Vire President and their corporate seals to be hereto affixed on this 24th day of September,2003. � �i ti+5ttpp +aa+aA Continental Casualty Company National Fire Insurance Company of Hartford c°r aa�r� " 4 s American Casualty Companyof Reading,Pennsylvania �U SEAL LE31 ' tesrr ��` Michael Gengler S �Vicc President State of Illinois,County of Cook,ss: On this 24th day of September,2003,before me personally came Michael Gengler tome known,who,being by me duly swom,did depose and;say: that he resides in the City ofChicago,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. --FF-CtAL SEAL • ELIZA PRICE a NOTARY MOM STATE OF ILUNOB MY QOMMtEf104 IX}IREW 0%K?1W WWOW My Commission Expires September 17,2006 Eliza Price 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-Loin 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 15th day of - - —June - -- 2005 ��a.casu tri »estrA� A,vr� Continental Casualty Company + ` " Kk National Fire'Insurance Company of Hartford �` FpRAY American Casualty Company of Reading„Pennsylvania Ov SEiLL �-may lUt9tl2 i «� J� tool MAttE�" • l.rC. Mary A.R bikti kis Assistant Secretary Authorizing By-laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: ThisPower 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 Chainsan-of the Board of Directors,the President or any Executive,Senior of 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,shalt have fu 11 power to bind the Company by their signature and execution of any such instruments and to attach the seal'of the Company thererlo, The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at anytime,revoke all power and authority previously given to any attorney -in-fact." This Power of Attorney is signed and settled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a i netting duly called and acid on the 17 'h clay of February,1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article 1X of the By-Laws, and the signature of the Secretary or an Assistant Secretory and the scal of the Companymay be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signatunc and seal shalt 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 oil 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 Sy -;Law duly adopted by the Board of Directors of the Company. "Article VI Execution of Obligations and Appointment of Attorney4n-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 polieies 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-i n-fact_" This Power of Attorney is signed and sealed by facsimile udder and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held an the 17'x clay 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 g ranted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Smrr Lary and;thr;scat or the Company may be Affixed byfacsimile 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 a nil binding on the Company." ADOPTED IIY r1dE BOAXDOF D1REC1'ORS OF NATIONAL FIRE YNStlttANCF COIIPAN Y 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 8 oard 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 helvnlf 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,arty Senior or Group We President or the Board of Directors may at arty time revoke 'all power and authority previously givers to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the followintg Resolution adopted by the 13oaatd of Directors of the Company at a meeting duly called a nd 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 maybe affixed by facsimile on any power of attorney granted put suarnt to'the Resolution adopted by this Board of Directors onFebruary 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 sigunatute and seal shall be.valid and binding oar 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 atta ched,continue to be valid and binding on the Corporation." State of California County of Los Angeles On June 15,2005 before m@. Sandy Hanner-Notary Public Doto NAMS.TITLS OF OFFICER- 'JANE 006, NOTARY PUBLIC' personalty appeared Pamela L. Stocks NAME(S)OF SIGNEA(S) (x} personally known to me-OR-(---) proved to me on the basis of satisfactory evidence to be the person(s)whose narne(It) is/xw subscribed to the Within Instrument and acknowledged to me that Imishelta executed the same inift1her/Itll W authorized c pacify }, and that by his/her/bw signature()&}on the instrument the person(S), or the entity upon behalf of which the person(&) acted, executed the instrument: WITNE my hand andafficial seal. SANDY14ANNER _ Commission#1352157 0my Notary Put>Iwc-Califon s i SIGN' TU E`OF NOTARY Los Angeles County Comm Expires Jul 2,2O0lS' 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 („,X.„) ATTORNEY-(N-FACT NUMBER OF PACES TRUSTEE(S) GUAADIAN/CONSERVATOR { } OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF'PERSON{S}OR ENTITY(IES) Nat nna1 Firp In„cii anne Com of Halford SIGNER(S) OTHER THAN NAMED ABOVE a»147426.8 NOT �CE In accordance with the Terrorism Risk Insurance Act of 2002, are are providing this disclosure notice for bands 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 Banding 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 F PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). I FEDERAL N NT OF TERRORISM PAYME LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible: Form F7310