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HomeMy WebLinkAboutMINUTES - 08172004 - C16 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: August 17, 2004 SUBJECT: Approving Road Improvement Agreement for Stoneleaf Road(Round-abouts), RA 03-01152 cross-reference Subdivision 8306). SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROU10 AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 447 for RA 03-01152 (cross-reference Subdivision 8306), Approving Road Improvement Agreement for Stoneleaf Road (Round-abouts), being developed by Shapell Industries, Inc., San Ramon (Dougherty Valley) area. {District III} FISCAL. IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer, Shapell Industries, Inc., proposes to build Round-about traffic elements as shown on the Vesting Tentative Map for Subdivision 830E (Gale Ranch Phase III). CONSEQUENCES OF NEGATIVE ACTION: Round-about traffic elements could not be built. Continued on Attachment: SIGNATURE: MCOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT'T'EE APPROVE OTHER ACTION OF 1101�0 ON AUGUST 17 , 2004 APPROVED AS RECOMMENDED XX OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the VOTE OF SUPERVISORS date shown XX UNANIMOUS(ABSENT DISTRICT I ) AYES: NOES: ABSENT ABSTAIN: ATTESTED: AUGUST 17 , 2004 Cr:1GrpData\EngSvclBO\2004\08-17-041RA 1152 BO-15 Ordar.doC JOHN SWEETEN, Clerk of the Board of Orig.Div: Public Works(n) Supervisors and County Administrator Contact: Teri Ric(313-2363) CC: Public Works- T.Bell,Construction Current Planning,Conununity Development T—June 17,2005(PI) Shapell Industries ofNorthen Califomla, a division of Shaped Industries,Inc. �'-'- l00 Noah Milpitas Blvd. By n _ _.._ _.., Deputy Milpitas,CA 95035 Attn:Steve Savage,Sam Woreden National Fire Insurance Company of Hartford 5820 Canoga Ave.,Suite.100 Woodland Hills,CA 91367 Attn:Gina O'Shea THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 17, 2004,by the following vote: AYES: SUPERVISORS UIL.KaIA, GREEN?,ERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: SUPEWISOR JOHN GIOIA ABSTAIN: NONE RESOLUTION NO. 2004/ 447 SUBJECT: Approval of Road Improvement Agreement for Stoneleaf Road(Round-abouts),RA 03-01152, (cross-reference Subdivision 8306), being developed by Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval for Stoneleaf Road (Round- abouts),road improvement agreement file RA 03-01152(cross--reference Subdivision 8306)property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A Road Improvement Agreement with Shapell Industries, Inc., principal, whereby said principal agrees to complete all improvements, as required in said road improvement agreement, within one year from the date of said agreement. Improvements generally consist of road improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator; Public Warks(ES) on the date shown. Contact: Teri Itie(313-2363) JY:tm 0:\GrpData\P-ngSveiso\2004\08-17-04\RA 1152 BO-15.doc ATTESTED: AUGUST 17 , 2004 cc: Public Works-T.Bell,Construction Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and T--June 17,2005(P1) Shapell Industries of Northern California County Administrator 200 N.Milpitas Blvd Milpitas,CA 95035 Attic:Steve Savage,Sam Worden National Fire Insurance Company of Hartford 5820 Canoga Ave.,suite 200 By ,Deputy Woodland Hills,CA 91367 Attn:Gina O-Shea RESOLUTION NO.2004/ 447 SUBJECT: Approval of Road Improvement Agreement for Stoneleaf Road(Round-abouts), RA 03-01152, (cross-reference Subdivision 8306),being developed by Shapell Industries,Inc., San Ramon(Dougherty Valley) area. (District III) DATE: August 17, 2004 PAGE: 2 I. Cash Bond Performance Amount: $1,500.00 Auditor's Deposit Permit No. DP 425624 Date: June 3, 2004 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 H. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929299748 May 26, 2004 Performance Amount: $144,000.00 Labor&Materials Amount: $7.2,750.00 Principal: Shapell Industries, Inc. NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 200 +/447 ROAR IMPRC)VEIyIENT AGREEMENT Developer: ShaMli Industries,Inc. Effective Date: Development. RA 1152(X-REF. SUB 8306) Completion Period: 1 year Road: Stoneleaf Road(ROUND-ABCHLTTS) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA CpU�I l Y DEVELOPER Maurice M.Shiu,Public Works Director y°l By; s, s s ' t t t A (siguuture) i } � - �oe-3�t t ��' �.?`�o �j'�. RECOMMENDED FOR APPROVAL By: ( ani�1 Engineeri rvrce y FORM APPROVED: Victor !esttxran, County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup and the above-mentioned Developer, mutually promise and agree as follows concerning this development: 2. 110PROVEMENTS, Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordnance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called "work") within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. RVI(PROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ I,500.00 cash,plus additional security,in the amount of$ 244,000.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 72,750.00which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and S94-4.40$of the Ordinance Code. 4. GUARANTEE.AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4,6,"Acceptance," of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 5, ti State of California r County Ss. a# t r 2--O + On a r before me, - Date n Name and Title of Offic e. .,"Jane Doe,Notary Pubf ) personally appeared l Name(s)of Sigr•,er(s) �6 %ipersonally known to me r ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) are ZARONSAVOY subscribed to the within ins meat Rc. Notary r PL4A 1446141 acknowledged to me th the xecuted Ssfnfa CEara Cpm the same in /tt5ei au#hor' d PAyCpn,m.Irxpir®aOcf 13.2f307 capacity(ies), and that by t e' signature{s}on the instrument the persons , or the entity upon behalf of which the person(s) acted, executed the instrument. WI TN SS my hand and fficial seal. '•, Signatur of Diary Pu6tic iY` �} 4 OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent 4 fraudulent removal and reattachment of this form to another document. : ds Description of Attached Document Title or Type of Document: z�? Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: i ❑ individual Top of thumb"here y., ❑ Corporate Officer—Title(s): t El Partner — ❑ Limited ❑General ❑ Attorney-in-Pact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: j ©1999 National Notary Assovatlon•9350 Do Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationaino-.ary.org Prod.No.5907 Reorder:Cali ToR-Free 1-800.676-6627 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF Ct UNTY'ALIDITOR-CONTROLLER r _, MARTINEZ,CALIFORNIA .IO'-fi�TREASLIRER: RECEIVED FROM t�1 ORGANIZATION NEIAABER (For Cosh Collection Procedures see County Administnahoir't Bulletin 105.) DESCRIPTION FUNDfORG. S TC TASK TION ACTIVITY AMOUNT ! / ' i4l) "_) L r3 1 t w Itl -A, -L-I I I I I I I I I I I I I I J t/ I l ! ,.: ! e ) (clJ �— I ) } CJ iT1. 1 ,fY Iti: i.- -'.✓' Et y,.,,- -/7/-Y EXPLANATION: �+ 1 TOTAL $ ! DEPOSIT f7 t �, Deposit consists of the fogovvring items COIN and CURRENCY S :1 ; CHECKS,M0.ETC tri BANK DEPOSITS $ r FOR AUDItOR-CONTROLLER USE ONLY (� t t✓ r j AJf r 1111 f !{ t` j y .� DEPOSIT '7 %+ '' 1 - t �`/ l of .� `� i $ �_. PERMIT DP ffI 47 X L! 'i DATE J I ✓s' `�/t IT t:; j'/�^'z j 7 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. A acknowledged Dateie y l E � EXT J _j Deputy qty Auoiitor Deputy County Treasurer D-34 REV.(7-93). i .ry 819800-0800, 61139140, $1.500.00, RA1152 Cash Bond, Shapell Industries of Northern California, 100 N. Milpitas Blvd., Milpitas CA 95035 COUNTY,_,F CONTRA COSTA - GENER,- RECEIPT *� DEPT: �?% ��'"'�'"' 'C �,�'_ t"� THIS COPY IS � 3 2000 NOT A RECEIPT ! . i w r 1 w 1 !i �, ( ,, ��`' C v•. : :�:� DOLLAR `S$ t FOR J �i"f £ '2—o' I ;y ' — CASACCT. RECEIVED FROM CHECK PAID MONEY BAL. ORDER DUE -'e (D57,RPV.7/89) Bond No.: 929 299 748 Development: RA 1152 Round-Abouts LX,-REF.SUR 8306 Gala Ranch III Premium: $1,050.00 IMPROVEMENT SEcuRiT`Y BOND FOR ROAD IYNRovEmENT AGREE,mENT (Performance,Guarantee, and Payment) (California Government Code§§66499 -66499.10) 1. RECITAL OF ROAD 1WROVEMENT AGREENTENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on,or along RA 1152 Stoneleaf Road to complete said work within the time specified for completion in the.Road Improvement Agreement,all in accordance with State and local laws and rulings. 2. OBLIGATION'. Shapell Industries,Inc. , as Principal and National Fire Insurance Company of Hartford , a corporation organized under the laves of the State of CT , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: Cine Hundred Forty Four Thousand Dollars ($144,000.), for'itself or any city assignee under the above County Road Improvement Agreement,plus B, Payment: Seventy Two Thousand Seven Hundred Fifty Dollars ($ 72,7LO.)to secure the claims to which reference is made in Title 15 §§et seq.of the Civil Code of the State of California. . CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal, or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perforin the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided on it or its part, to be-kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa or city assignee,its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in 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,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded and fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be fully performed, then this obligation shat; become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without further notice to or consent by the 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. 4, SIGNMD AND SEALED: The undersigned executed this document on May 26, 2004 Pit NC. PAL: Shapell industries, Inc. _ SURETY: National Fire Insurance CompanYof Hartford Address: 100 N.Milpitas Blvd. � Address: —5824 Canoga Avenue,Suite 200 City: Milpitas,CA 95035 City: Woodland Hills,CA 91367 ___. v J j! y�t�f�11.E 4 G-- Gina©'Shea Print Name: Print Name: Title: A U� _ Title: Attorney-in-Fact By: Print Naine: . Title: _ :mw GIG DataliraSvcGavMGaic Ranch Phase 3tRA 1132-Stoneieaf Rd1RAI112(Round,Abouts)13oad Arreemeat.doc iii POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Banner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 16th day of April,2404. <CJA$t�tr # Continental Casualty Company National Fire Insurance Company of Hartford e'�1t°�"'� �w���atfo � American Casualty Company of Reading,Pennsylvania JULY 31, SEAL Inn fool Michael Gengler Sent �Viceresident State of Illinois,County of Cook,ss: On this 16th day of April,2044,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 EL1ZA PRICE • aa3.sav ruauc,srar€ow+utxors eW BCMMI""MM !S;OW171" 6 My Commission Expires September 17,2006 41�iza Price Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 26th day of May 2004 Gt�r � Continental Casualty Company #1 National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania ' IEAL Ju' 1, yrs 1897 HAR1* : Form F6853-11/2001 ti+c.- Mary A.R ika kis 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: 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-€act. 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 17"'day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 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 he valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Croup 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`'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." ................................................................................... .........................................................................................................................................................................................................................................................................................................I................. Mata of CALIFORNIA County of LOS ANGELES On May 26 , 2004 before roe, Sandy Hanner- Notary Public Gate NAME,TITLE OF OFFICEA., "JANE DOE, NOTARY PUBLIC" personally appeared Gina O'Shea NAME(S)OF SIGNER(S) (2L) personally known to me-OR - (—) proved to me on the basis of satisfactory evidence to be the person(x) whose name(} is/Atexsubscribed to the within instrument and acknowledged to me that Wshe/f t.executed the same in Wr/her/tot authorized capacity§w* and that by NWher/1"W signatureo) on the instrument the person((), or the entity upon behalf of which the person(o acted, executed the Instrument. SANDY MANNER wITNEss i�iy hand and official 1. rT Commission#1362157 ifl-emy Notary Publio-California ff 4Loa Angeles Counfy Comm,Expires.lul 2,20DO OPTIONAL Though the data below Is not rewired by law, it may prove valuable to persons relying on the document and could prevent fraudutent 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 NUMBER OF PAGES ( } ATTORNEYAN-PACT {�} TRUSTEE{S} GUARDIAN/CONSERVATOR { _ } OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING+-. NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company, of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-1074$6-8 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer-, Western. Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, rational Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, '.NJ, and The Continental Insurance Company. DIaCLQ5LJ—RE OF PREMIUIII The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($(3.(30). DISCLOSURE OF FEDERAL PARTICIPATION IN RAYMENT OF TERRORISM LOS The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 011 "- 7. State of California ss, County of On before me, Nota � r., u Date Name aod'lilo of' (e.g.,"Jane Doe,,Hats Pubfio") personally appeared ,� Neme(a)of Stgoa[(a7 �% l personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose names) &. subscribed to the within ins ent and SMON$AVOY acknowledged to me th the xeouted k Commission*14451+11 the same inthen authorized Notcvy Pubft-Caftforn capacity{les}, and that by e $into Clea C nfY signatures}on the instrument the persons ,or MyCot�m.Expir Oct 13,200 7 the entity upon behalf of which the person(s) n acted, executed the instrument. WIT my hand an clal seal. 7T6 w: Si iatpre o, ry 5 �F Though the information below is not required by lav,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this fort to another document. Description of Attached Document Title or Type of Document: Document Date:�. Number of Pages: Signer(s)Other Than Named Above: j Capacity(les)Claimed by Signer . Signer's Name: k Individual Too of thumb hereA El £ D Corporate Officer—Title(s): i❑ Partner— C Limited ❑General C Attorney-in-Fact ! ❑ Trustee i � Cl Guardian or Conservator � �{ EJ Other: — �� { Signer!s representing: ��: ©1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nat!onalnotary.org Prod,No.5907 Reorder:Da!!`o6-Free i-800.676-6627