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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-651 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 11,2005 by the following vote: AYES: Gioia,Piepho,DeSauln er,Glover and Uilkema NOES: Noe ABSENT: None ABSTAIN: None R SOpUTImNO.g11 . SUBJECT: Approving Subdivision Agreement (Right of`'Way Landscaping) for RA 03-01152' (cross-reference Subdivision 99-08306), Stoneleaf Road (ultimate roundabouts), being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon(Daugherty Valley) area. (District III) The following document was presented for Board approval this date for RA 03-01152 (crass-reference Subdivision 99-08300, Stoneleaf Read (ultimate roundabouts), located in the San Raman(.Daugherty 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 two years 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: $1,000.00 Deposit made by: Shapell Homes, a Division of Shapell Industries, Inc. .Auditor's Deposit Permit No. and Date: 450032 August 23,2005 Jy:rm I hereby certify that this is a true and correct copy of an Originator. tublic orks(ES) action 03-01152 sr�-IS 2.dt�c action taken and entered on the minutes of the Board of Originator. Public Works(ES) Contact: Teri xie(313-2363) Supervisors on the date shown. cc: Public Warks- T.Bell,';Construction Current planning,Community Development T—August 11,'2007(P I) Shapell HomesATTESTED: ' P.O.Box 361169 JOHN SWEETEN,Clerk of the Board of Supervisors and Ida N.]Milpitas Blvd. County Administrator IMflpitas,C,4 94561 National Fire Insurance Company of Hartford 2355 E.Camelback Road,Ste 500 Phoenix,AZ 85016 Attn:Gina O'Shea By Deputy RESOLUTION NO.2005/ .� SUBJECT: Approving Subdivision.Agreement(Right of Way Landscaping),for RA 03-01152 (cross-reference Subdivision 99-08306), Stoneleaf Road (ultimate roundabouts), being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon.(Daugherty Valley) area. (District III) DATE: October 11, 2005 PACE: _2 II. Surety Bond .Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: '929 348 518 August 16, 2005" Performance'Amount: $86,000.00 Labor&Materials Amount: $43,500.00 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, ' SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: RA 03-01162 Roundabouts Effective Date: (cross-ref SUB 8306) Completion Period: 2 year Subdivider: $hgpgji Homes, a Division of Shapell Industries. Inc., a Delarnrare Coro. THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA CQUNTYSUBDIVIDER: (Name and Title) Maurice M. Shu, Public Works Direc BY -' +^T J X n r+ (Sig-t (print name&u ) A6 V RECOMMENDED.FOR APPROVAL: By: taiwturol s Engineering ServicesIDiviiiiion NWnt name&ue FORM APPROVED: Victor J.Wes#man,County Counsel {NOTE:All signatures Go-be acknoWedged. 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"Coup ,"and the above-mentioned§Ubdivider,mutually;promise and agree as follows concerning this subdivision: 2. IMPROVE„Mi E1 Subdivider agrees to install certain road improvements(both public and private),drainage improvements, signs, street iig ts, firehydrants, 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 Subdivlslon Map act(Govemment 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 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 apd G arantee; $ 1,000.00 cash,plus additional security,in the amount of$ 86,000.00which together total one hundred percent(100%)of the estimated cast of the work. Such additional security Is presented in the form of: Cash,,cartified'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_Pyrnent: Security in the amount of$ 43.500!011 ,which is fifty percent(517%)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 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 shall be free from defects in material or- workmanship and shall perform satisfactorily fora period of one-year from and after the Board of Supervisors accepts the worst 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 -STAF.NT WORK. Subdivider,agrees to perform establishment work for landscaping Installed under this agreement. Said plant establishment work shall consist ofadequately 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 afterthe 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 promise . 7. NO WAIVER BY COUNTY. inspection of 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 liab llties'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,propert 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 act epted'the work as complete,and including the defense of any suits)'action(s),or other proceedings)concerning said liabilities and claims. C. The actions causing Ilabillty 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 matters,or that the alleged damage resulted partly form any negligentor willful mscondtct 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. I NCORPORAT ON/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 securinsaid rights shall be transferred to the new or annexing city. Sueh city shall have all the rights of a third party beneficiary against Subdivlg er,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. :kgw.lep G XGrpDWW%EngSvcAFor=%AG WOR[7WG-30A.doc Rev.May 18.2001 .................„:.„:.,,..,,. ..„.„..-....„......-...- fF,.....$4,- :::„....„..„:.................. «< _.__._. ::.:„„s.„..: y,. CALIFORNIA.ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On August 18,2005,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 JANICE t KRUSE Commission## 13Ig6 WITNESS my hand and official seal. Notary Public-California ►, Santa Cierra County ' My Comm.Exotes Aug,24.2006 `'LL Si tore of rotary Public Optional Information Title or Type of Document: S hdivisiona ment ftht of Way La ndscaye- Roundabouts Tract 8306' Capacity Claimed by Signer: Assistant Llice President and Assistant Secretary of Shaiuell Industries,Inc.' c_UUN I Y Ur LUN I RA COSTA DEPOSIT PERMIT t JFFICE OF COUNTY AUDITOR-CONTROLLER 7 TE/,SURER: MARTINEZ,CALIFORNIAItTt t :CENED FROIN ORGANIZATION NUMBER (For Cash Collection Procedures we County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG ACCTT, TASK OPTION ACTPATY AMOUNT 1 f r i f i/.. i 7 s I I II I i I ! f ,PLANATION: TOTAL $ I DEPOSIT I Deposit consists of the following items COIN and CURRENCY $ 1 L CHECKS KO,ETC. $ ti 1 ! 1`�,r ,• ; l ; �' BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED .e 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. i ' y acknowledged. 1 fined• .jr' Date d: Signed EXT C Deputy Cavrity Autlfix Deputy County Treasurer �! i REV.(7-93) I 0649-9665 !'-. 112300: G1161439, $500,00, RS 3027, Record of Survey Deposit, 'Elizabeth K. Raymond, 2900 Regent St., Berkeley, CA 94705 0649-9665 / 112300: G1161441, $15.000.00, LP 03-2008,: Improvement Pian Review, Conco Cement Company, 5141 Commercial Circle, Concord, CA 94520 0649-9665 / '112300: G1161443, $15.000.00,Sub 8828, Improvement Plan Review Major Subdivision, Hofmann Land Development Company, 1380 Galaxy Wap, Concord, CA 94520 0649-9665 / 112300: G1161445, $500.00, RS 3028, Record of Survey Deposit, ,.DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, CA 94526 0649-9665 / 112300: G1161446, $500.00, RS 3029, Record of. Survey Deposit, Kister Sav1s & Rei, Inc., 3095 Richmond Pkwy, Suite 214, Richmond, CA '94806 0649-9665 / 1123010: G1161447, $23.400.00, RA 03-01152, Landscape Improvement Inspection, Shapell Humes, A division of Shapell Industries, Inc„ 100 North Milpitas Blvd., 'Milpitas, CA 95035 0649-9665 / 112300: G1161448, $7.200.00, RA 03-01152, Landscape Improvement Inspection, Shapell Homes, A division of Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1161442 $4.337.00, SD 03-8755, Cash Bond, KB !-tome South Bay Inc., 6700 Koll' Center Pkwy, Suite 200, Pleasanton, CA 94566 819800-0800 / 112300: 'G1161447, $4.400.00, RA 03-01152, Cash Bond, Shapell Homes, A division of ''Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, CA 95035 819800-0800 '/ 112300: "G1161448, $1,000.00, RA 03-01152, Cash Band, Shapell Homes, A division of "Shapell Industries, Inc., 100 North 'Milpitas Blvd., Milpitas,'CA 95035 Subdivision: RA 03-01152 (cross-ref SUB 83067 �r Ultimate Roundabouts' 6 Band No.: 929 348518 Premium $645.00 Gale Ranch III IMPROVEMEN'T'SECURT'I'Y$QNI) I+OR PUBLIC RicHT Off'WAY LANDSCAPE AGREEMENT (Performance, Guarantee,and Payment) (California Government Code Sections 66462 and 66463) 1. RFCITAL OF SUBDIVISION AGRrEMENT: 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 RA03-01152 (cross-ref SUB8306) Ultimate Roundabouts, as specified in the Subdivision'' Agreement(Right ht 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 lawsand rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: Sha yell Homes a Division'of Sita ell Industries Inc. a Delaware Coi .; as Principal,`and National Fire Insurance an:' of Hartford , a corporation organized existing under the laws of the State of Cr ,and author=d 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: Eighty Six Thousand and 00/100 Dollars ($' 80.000.00 } for itself or any city'assignee under the above Cottnty Subdivision Agreement,plus B. Payment: Fourty Three Thousand Five:Hundred and 00/100 Dollars ($' 43,500.00 )to secure the claims to which reference is made to Title XV(commencing with Section 3082)of Part 4 of Division TIS 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,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 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 successfullyenforcing such obligations, all to be taxed as costs and included in any jYEtlgement 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 refereed to in the aforesaid Civil Code'far materials furnished or labor thereon of anykind,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, i»curred by County(or 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 judgernent 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 ofDivision 3 of the Civil Code,so as to give a right of action to them of 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 farce 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 ofany'action-against Principal whenever taken. SIGNED AND SEALED on, August 11.6, 2005 Shapell Homes A Division of Shapell Industries Inc. , National Fire Insurance PRINCIPAL: A Delaware''Corp. SURETY: Company of Hartford Address: 1t>G Address: 2355 E. Camelbaek Road, Suite 500 City; �� Zip: ` City: Phoenix, AZ Zip: 85316 de: t tui �3a`�L Print Name: Gina O'Shea Printai Title: A h6`( '' Title: Attorney in-Fact. By: PKK rated Name and Title. V= - S.S r 5 t �, -;`�n' o - %%PWS1\SIIARDATA\GgiData\EtigSvclt-amis\BN t 1W.4 �- 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 Fall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,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 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 Directorsof the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 16th day of April,2004. �cASLr,#<> u#sun Continental Casualty Company .p National Fire Insurance Company of Hartford 00"PO"A*& %OWVW'o American Casualty Company of Reading,Pennsylvania V SEAL Ju#EY 31, 1841 Michael'Gengler I Sen Vice President State of Illinois,County of Cook;ss On this 16th day of April,2004,before me personally came Michael Gengler to me known,who,being by me duly 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 y EL#ZA PRICE - worANr rubEIc,erf"of U+woks0,00�Y44� I b�%A~~P~j My Commission Expires September 17,2006 41;iza Price Notary Public CERTIFICATE 1,Mary A. tibikawskis,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 16th clay of Augmt 2005 -v J"st4b U1SUJ# Continental Casualty Company National Fire InsuranceCompany of Hartford 'r *� 1.40001" to American Casualty Company of Reading,Pennsylvania 3 JULY 11, v SEAL WE .s :,neo-► �' �� Form F6853-1.1/2001 Mary A.R ika is 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 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 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 17'h day of February,1993.' "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.`.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:s 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;170'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 axed 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 duty adopted on February 17,1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,;undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorrey4n-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`17s'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 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 sea]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 August 16,2505 before rne. Sandy Wanner-Notary Public Dow NAME, TITLE OF OFFICER..-JANE COE. NOTARY PUBLIC" personally appeared Gina O'Shea NAME(S)OF S#GNER(S) personally known to me-OR-(._ )proved to me on the basis of satisfactory evidence to be the person(x) whose name(g) ishme subscribed.to the within instrument and acknowledged to me that kelsholoft executed the same'in ataelherlibjW authorized capacity(boB), and that by W21her/ltaor signature(s)on the Instrument the person(S), or the entity upon behalf of which the person(x) acted, executed the instrument.' "'r`—'�"•'•" 1NtTf�iESS t�attct ancf off ' i seal. SAN€1Y`HANNER Commission#1362157 ' f Nota Public-CAWomis Los Angeles County uN3tPtAA t"l! .CSF NOTARY My C; Expires Jul 2,200 OPTIONAi. Though the data below Is not required by law, it may prove valuable to persons relying onthe document and'could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATCACHED DOCUMENT' A—) INDIVIDUAL ( ) CORPORATE OFFICER TITLE(S) TITLE OR TYKE OF DOCUMENT (.. } PARTNER(S) (_) LIMITED GENERAL'; (-I-) ATTORNEY-IN-FACT NUMBER Of: PAGES (� TRUSTEE($) GUARDIAN/CONSERVATOR (._..) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) hlahnnaI Fire Insurance ana3oany of WartfgW SIGNER(S) OTHER THAN NAMED ABOVE d•107s�-� NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insuxance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collpetively the "Writing Companies") as surety or insurer:Western Surety Company,Universal Surety of America, Surety Bonding Company of America, Continental Casualty;Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark,NJ, and The Continental Insurance Company. D SCLOEM OF F-REDMUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ( 0.00). PARTIOMATION IN PADONT OF T R—ORISMLOSS ii The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form M10 ';; � ;-> '=!,, . ., i %"tel:r�'i rr✓r�� a< ?j >i CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California 5' County of Santa Clara ?{ On September 8, 2005 before me,Jance T.Kruse,Notary Public personally appeared, ;\ J.C.Truebridge& Ken Cox personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same } in their authorized capacity,and that by their'signature on the instrument the persons,or the entity upon behalf of which the persons acted, executed the instrument. JAMCE T.KRu$e WrINESS my hand and official seal. CommkMon'#1597428 >, N0t0ty PubHC-Caufotnia $onto Ckva County W COMM.EXPOWAug 24,=4Si ature of Notary Public Optional Information Title or Type of Document: Improvement Bond- Landscape -Roundabouts, Tract'8306 ;< Capacity Claimed by Signer: Assistant Vice President&Assistant Secretary of Shavell Industries.Inc.