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MINUTES - 08032004 - C.9
TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: August 3, 2004 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 02-08686. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 421 for Subdivision 02-08686, approving the Final Map and Subdivision Agreement,being developed by Shapell Industries of Northern California, a Division of Shapell Industries,Inc.,a Delaware Corp., San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUNDtREASON(S) FOR RECOMMENDATION(S): The developer has satisfied all Conditions of Approval for this project. CONSEQUENCES OF NEGATIVE ACTION: The Final Map and Subdivision Ag*—emM--e-ffr ill not b appaue . �.- Continued on Attachment_ Signature: + RECOMMENDATION OF COUNTY AI IMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S`:.__ ACTION OF BO ON 72004 APPROVED AS RECOMMENDED xx OTHER =r I hereby certify that this is a true and correct copy of VOTE OF SUPERVISORS an action taken and entered on the minutes of the xx UNANIMOUS(ABSENT NONE ) Board of Supervisors on the date shown. AYES: NOES: ABSENT: ABSTAIN: Originator:Public Works(ES) ATTESTED: AUGUST 03, 2004 Contact: Teri Ric(313-2363) JOHN SWEETEN, Clerk of the Board of Supervisors IX:rm v G:\GtpDatalEngSvc\Be\2004\07-20-04\SD 8686 Order.doc and County Administrator cc: Public Works--T.Bell,Construction Current Planning,Community Development T—May 13,2005 Shapell Industries of Northern California j!f 100 N.Milpitas Blvd. By Eby/ ' Deputy Milpitas,CA 95035 National Fire Insurance Company of Hartford 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 91367 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on August 3, 2004,by the following vote. AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 421 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 02-08686, being developed by Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp.,San Ramon(Dougherty Valley)area.(District III) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 02-08686, property located in the San Ramon (Dougherty Valley)area,Supervisorial District III,said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Shapell Industries of Northern California, a Division of Shapell Industries,Inc.,a Delaware Corp.,principal,whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements 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 Works(ES) on the date shown. Contact: Teri Ric(313-2363) JY::m G:\GrpData\EngSvc\BO\2004\08-03-04\SD 8686 110-21.doc cc: Public Works—T.Bell,Construction ATTESTED: AUGUST 03, 2004 Current Planning,Cornnumity Development T-June 3,2005 JOHN SWEETEN, Clerk of the Board of Supervisors and Shapell Industries of Northern California County Administrator Attn:S.Savage&S.Worden 100 N.Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance Company of Hartford 5820 Canoga Ave.,Suite 200 By Deputy Woodland Hills,CA 91367 . RESOLUTION NO.2004/ 421 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 02-08686, being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon(Dougherty Valley) area. (District III) DATE: August 3, 2004 PAGE: 2 A. Kash Bond Performance amount: $16,900.00 Auditor's Deposit Permit No. 426873 Date: June 24, 2004 Submitted by: Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp. Tax ID Number: 95-2578030 B. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number: 929299750 Date: June 11, 2004 Performance Amount: $1,670,600.00 Labor&Materials Amount: $843,750.00 Principal: Shapell Industries Vie; Inc., a Delaware Corp. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2003-2004 tax lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first day of January 2004,is estimated to be$222,700.00,with security guaranteeing payment of said tax lien as follows: + Tax Surety Bond Company: National Fire Insurance Company of Hartford Bond Number: 929299728 dated January 20,2004 together with Bond Increase Rider dated: June 17, 2004 Amount: $222,700.00 Principal: Shapell Industries —Iud Inc., a Delaware Corp. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision,together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/421 SUBDIVISION AGREEMENT (Gov.Cade,§§66462 and 66463) Subdivision: Effective Date: SubdividerCompletion Period: THESE SIGNATURES ATTEST EST TCS THE PARTIES`AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVID R Maurice M Shun,Public Works DirecWtt f i4 A 14 By: 'AlAt Name RECOMMENDEb`POFUPPROVAL: Print Title By: P" t Name Aw Engineering Services 01vislory 7Print T#fle _ 1:. FORM APPROVED: Siivano B,Marchesi,County CounselNt OTE:All signatures must be acknowledged.If ubdivider is incorporated,the contract must be signed by two officers.The first signature must be that of the chairman of the board,president,or vice-president;the second signature must be that of the secretary, assistant secretary,chief financial officer,or assistant treasurer,(Civ.Code,§1190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of California } } ss. County of ) On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for personally known to me(or proved to me on the basis of satisfactory evidence)to be the parson(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/har/their authorized capacfty(ies),and that by his/heritheir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument WITNESS my hand and official seal Dated: Notary Public (Notary Seal) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(herainafter`County")and the above-mentioned Subdivider mutually promise and agree as follows cormming this Subdivision: 2. IMPROVEMENTS.Subdivider 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 Subdivision as reviewed and on file with the Contra Costa County Public Works Department,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto (hereinafter`Ordinsnc a Cade"). Subdivider shall complete said Improvements(hereinafter"Work')within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. Code,§§66410 at.seq.)In a good workmanlike manner,In accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder,and where there is a conflict among the improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govern. 3, IMPROVEMENTS SECURITY. Upon executing this Agreement the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee:$ rash,plus additional security,in the amount of$ 6 which together total one hundred percent(100%)of the estimated cost of the Work. Such ditionalsecurity is presented in the farm of: Cash,certified check or cashier's check. — Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Subdividerguarantses performance under this Agreementand maintenance oftheWork for one yearafter its completion and acceptance against any delactive workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount:$ 44-30� ��,which is fifty percent(50%)of the estimated cost of the Work.Such security is presented in the firm of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit. (Rev.9/03] Page 1 of 2 With this security,Subdivider guarantees payment to the contractor,to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. Upon acceptance of the Work as complete by the Hoard of Supervisors and upon request of Subdivider,the amounts held as security may be reducaln accordance with Sections 94-4.406 and 944.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)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 Subdivider's expense,any defects in said Work. The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK.Subdivider agrees to perform plant establishmentworkfor landscaping installed under this Agreement.Said plant establishmentwork shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to en sure establishment of plants. Said plant establishment work shag be performed for a period of one(1)year from and after the Board of Supervisors accepts the Work as complete. 6. IMPROVEMENT PLAN WARRANTY.Subdivider warrants the improvement plans for the Work are adequate to accomplish the Work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision, if,at any time before the Board of Supervisors accepts the Work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the Work as promised. 7. NO WAIVER BY COUNTY. Inspection of the Work and/or materials,or approval of the Work and/or materials or statement by any officer,agent or employee of the County indicating the Work or any part thereof implies 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,shell not refleve the Subdivider of its obligation to fulfflig this Agreement as prescribed;nor shall the County be thereby 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 defend,hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnitees benefitted and protected by this promise are the County and its special districts,elective and appointive boards;commissions,officers,agents and employees. S. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said Improvement plans or accepted the Work as complete,and including the defense of any suif(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions caus'im liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to 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 notconditioned ordependent on whether ornot any indemnitee has prepared:supplied,or approved any pian(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 from any negligent or willful misconduct of any indemnitee. 9. COSTS. Subdivider shall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing utilities required thereby;inspections;material checks and tests;and other costs incurred by County staff arising from or related to the Work,and prior to acceptance of the Work as complete or expiration of any applicable warranty periods, whichever is later. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed rap and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS. If Subdivider fats to complete the Work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the Work,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 County(including,but not limited to,engineering,inspection,surreys,contract,overhead,etc.)immediately upon demand, Once action is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs incurred by County,even if Subdivider subsequently completes the Work. Should County sueto compel performance underthis Agreementorto recovercosts incurred in completing or maintaining the Work,Subdivider agrees to pay all attorney's fees, staff costs 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 interritory incorporated as a city oris annexed to an existing city,except as provided In tfils paragraph,County's rights under this Agreement and/or any deposit,bond,or letter f creditsecudng said rights shag be transferred to the new or annexing city.Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted with the city originally,The provisions of paragraph 8(indemnity)shag continue to apply in favor of the Indemnitees listed in paragraph B.A,upon any such incorporation or annexation. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the final map or parried map for said Subdivision. 14. RIGHT OF ENTRY.Subdivider hereby consents to entry onto the Subdivision property,and onto any other property over which Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvement plans,by County and its forces,including contractors,for the purpose of inspection,and,in the event of non-performance of this Agreement by Subdivider,completion and/or maintenance of the Work. Form Approved by County Counsel /Rev.9/03) H:\FinaliPMLW-SubAgmt.9.03.wpd Page 2 of 2 J��'.'"/.^✓ '.'///\NVV/\MN�'/WV//WV�`.iVW�VVv' ./VV'"l/W//,i'VN IVV'�'W.'N'/�lM//"'✓/W//'WWF/..'VWM//i..WW`✓/' /� (>> \N/. ��/W�"NU'viV-.,N/,NWivWW�vM/V'W/\'/*..nN^V//.' V .:ti�✓/u^ ,NSM/v/.'vV!\//W/�/M.M/`✓/�.M/F �J CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On June 18,2004, 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. AAN CE T.KRUSE } Commi aeon# 1918697 WITNESS my hand and official seal. S Notary Pubho-California Santa CWa County 1` s� 1&1MVC0MM.eq*ftAug24,2W4 Sigi ature of NotaryPublic z� Optional Information Title or Type of Document: Subdivision_Agreement Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of s ShaRell Industries,Inc. s 25 15 S -4; b* d COD a dWW Z Yd ,i Z Y � rx��Y �tJJl l TA g'a. 1c � d yV0.tO Lr iX• -FL✓ 5j W c,t {1 C] �� � O�+W Y`Jn i" �✓ � � �V �W Jy CL J� �4v Y u O Ny,'� d iti �cjy �3; f� wi. 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MARTINEZ,CALIFORNIA RE�EIV TED FROM ORGANIZATION NUMBER (For Cash Cogedm Procedures see County Administrator's bu letin 105.) DESCRIPTION FUND/ORCx SUB' TASK OPTION ACTMTY AMOUNT ACCT. S y t J L7t TIlilt •.�'�'..�l" �l' ';fid;,,,, t �J a CIO' t t I t t t t t EXX,PLANATICtN: 'DOTAL $DEPOSIT t Deposit consists of the following iterns CONN and CURRENCY $ f t r d CHECKS,M.O,ETC S C✓` G.>�. G,c / '` `r' - BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D� NUMBER DATE 426873 AM 24'P4 ASSIGNED --- The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is he� deposit into the County Treasury. w1knowled9ed° Sign, {t yr EXT <'�� `t Sigrwed: Deputy County Treasurer Tit,D-U REV,(7-93) - i `"� � �"`-'p �+ �.J, JJll✓J�t IW����k.�l�x�-t'7.�-+ l^�(?ft OF 0649-9665 / 831000: G1139202, Shapell Industries of Northern California, 100 N. Milpitas Blvd., Milpitas, CA 95053 $2,150.00, Sub 8686 Final Map $79.400.00, .Sub 8686 Inspection 0649-9665 / 831000: 61139204, $2,500.00, F504 00010-6L83PV, Fee for Service, Delco Builders, 3480 Buskirk Ave, Suite 260, Pleasant Hill, CA 94523 0649-9665 / 831000: G1139210, $7.050.00, DP 03-3034, Development Plan Improvement Inspection Deposit, Sprint United Management Company, PO Box 7977, Shawnee Mission, KS 66207 0649-9665 / 831000: G1139211, J. Patricia Vader, 3001 Dwight Way, Berkeley, CA 94704 $1.600.00, MS 08-03, Minor Sub Map Check $1000.00, MS 08-03, COA Compliance Check 0649-9665 / 831000: G1139212, $1.400.00, FCP 627-04, Flood Control Encrachment Permit Review, Shea Homes Northern Calif, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: G1139202, $16.900.00, /Sub 8686, Cash Bond, Shapell Industries of Northern California, 100 N. Milpitas Blvd., Milpitas, CA 95053 COUNTY F CONTRA COSTA - CENEF _ RECEIPT (� lt1u1 t. u THIS COPY IS G 1 13 9 2 3 DEPT: NOT A RECEIPT r eq y d ofv'_ t 8"4, �y ' 'K. (/ �� jMl:'('.� I •'V I v�!��yy yy,��',qq �� �'; ,�`` y,A y4.!ar t� / FOR i�`f�' i � +°^ � ,�;,�! `5�7°'�.�� t �1`�7�W.. � � i. �� �f.7sj ,L,",rs✓ �II(s{+.�V'�4V+�.y�:•vj't �M- ir� f ".... :.`7° �..1 - i� _ ~4 1:7 t3 i M, 2-1 7.4,"7 - jt " CASHBA �-7 0CASH ACCT. L. RECEIVED FROM CHECK AMT. PAID MONEY SAL. ORDER DUE By: x' 1 (D57.REV.7/89) Subdivision: Tract 8686/N-15Nillapaseo,Gale Ranch II Bond No.: 929 299 754 Premium: $12,534.04 86 Lots(57 Rose Garden&29 Villapaseo) IMPROVEMENT SECURITY BOND :FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 65499 -66499.10) 1. REciTAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision �%ie Rnnh _ 5� inapase,as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBLIGATION: Shapell industries of Northern California A Division of Shapel4 Industries,Inc.,a Delaware Corp. as principal and _National Fire Insurance Company of Hartford , a Corporation organized and existing under the laws of the State of _CT _._ _and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: One Million x H mrirwrl Swvanty Thni,eand Six Ht n1 d- d No 100** Dollars($ 1,670,600.00** )for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Eight Hundred Forty Three Thousand Seven Hundred Fifty No/100*** Dollars ($$843,750.00** )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 Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that ifthe 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 perform 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 (2.8) 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 subdivision 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 surety will pay the sage in an amount not execeding the amount herein above set forth and also,inease 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,so as to give a right of action to thern or their assigns in any suit brought upon this bond. Should the work under conditions of this band be fully performed,then this obligation shall becote null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety atom liability or 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 2819 and holds itself bound without regard to and independently ofany action against the principal whenever taken. SIGNED AND SEALED on June 11,2004 Shapell Industries of Northern California, a Division of Shapell PRINCIPAL: Industries, Inc.,a Delaware Corp. SIJI2I?,7'1': National Fire insurance Company of Hartford Address: 100 N. Milpitas Blvd. Address: 5820 Canoga Avenue,Suite 200 City: itas,CA Lip: 95035____ ._ City f, 00 land Hills, C �g� �i�; 91367 _ By: _ 'lam t' 1,y2 �- v— By /n�CU ar _ Print Name: - f;' - -�Ozreel Print Name: Pamela L.Stocks ---- --- -- i'itic: Title: Attorney-in-Fact Print Nanie: Awl, i Jll:n:waag G:AGip DafaTEi7gSvcABomis\BN WORD\[3N-i2.doo _.............................. _................................................. ............................................. ... .._... ........ _ ... ...... __ .......................... POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Knew Ali Men By These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(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 seats herein affixed hereby make,constitute and appoint Pamela L Stocks Beverly A.Hall Sandra V.banner,Individually of Sherman Oaks,California their true and lawful Attomey(s)-€n-Fact with full mer 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 Vice President and their corporate seats to be hereto affixed on this 3rd day of August,2001. at Continental Casualty Company National Fire insurance Company of Hartford MY It.►- • American Casualty Company of Reading,Pennsylvania Bantool y Michael Gengler Croup Vice President State of Illinois,County of Cook,as: On this 3rd day of August,2001,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 Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. orricm 99AL* s 1NMIlfl lrAUMER • Moe�ry�SMrr.IMMr of iWnale r -''"� -' +� w� �171Oi • ,i�Nsaasais�ia+►wrrt�►a►��a�>! My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney herein above set forth is stili in force,and further certify that the By-Low and Resolution of the Board of Direct=of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seat of the said corporations this I l th day of Ju a 2004 Continental Casualty Company National Fire insurance Company of Hartford American Casualty Company of Reading,Pennsylvania SEAL � � XK r, a t . Mary A.Rlbkawskis Assistant Secretary (Rev. 1/23101) 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 Ili--Execution of Documents Section 3.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such 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 Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Hoard 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 seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,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 W--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 attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like 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 seat of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact.,, This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,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 seat of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FiRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds,undertakings anti 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 seat of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of _____California - County of _ _ Los Angeles On .lune 11,2004 before me, _ Sandy Hanner- NO ary Public Date NAME, TITLE OF OFFICER„ 'JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) (x) personally known to me-OR - (_._.) proved to me on the basis of satisfactory evidence to be the person(&) whose name(#is/asubscribed to the within instrument and acknowledged to me that btg�dshe/itM executed the same in hda/her/#afar authorized capacity, and that byWher14 signature($) on the instrument the person(g), or the entity upon behalf of which the persons} acted, executed the instrument. WITNE my hand and ' I seal. + Commission til 1362157 �R�. Notary Public-Caftmta Los Angus County SIGNATURE OF NOTARY My Comm.Expires Jul 4,2000 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 (2E—) ATTORNEY-IN-FACT NUMBER OF PAGES ( } 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•107426•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 (collectivefly 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 Dartford,American Casualty Company of heading, PA, The Fi.rdmen`s .insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE QP RREMI The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). D1SCLOSUR-E OFEDERAL PARTICI ATON IN PAYMENT O].W TMRORISIYI LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 )�"V'/.`./�"��,.WWW ./'v\'.'\//W�VN�NV`.M//\NV\M///l/Y'VM✓.N/`✓�//.M//'/�. /�h/\N.'/i\�!/W\//l'M"v'/\�//1 /\lV�\/�'/W/-V7 >s S< z CALIFORNIA NIA ALL PURPOSE ACKNOWLEDGMENT � State of California > County of Santa Clara � 4n June 18, 2004,before me,Janice T. Kruse, Notary Public personally appeared Robert D. Moore and Iden 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. S� )S USE 1 Corr""kSlOn#1318697 WITNESS my hand and official seal. �'►' NOSY Nksi sort Claret COUflt}+ ,� £ •,.1 � 1�.�.. COMM,ftkft AW 2* s Si ature of Notary Public Optional Information Title or Type of Document: Improvement Bond#929299750-Rose Garden & Villapaseoz s Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shavell Industries, Inc. ' ` s s z< VCII ;SFT ° 8l2'�'li�4' 7/13104 FATCC}$42 8686 Tax Collector's Office William J.Po#lacek 525 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.C. Box 534 `� Russell V.Watts Martinez Bo California 94553- Costa Chief Deputy Treasurer-Tax Collector 0053 �y {�*+� (925)645-4122 County 1 Joslyn Mitchell (925)546-4135 FAx Tax Operations Supervisor Date: 7/13/20014 IF THIS TRACT IS NOT PILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract t MS# Cita T.R.A. 8686 SAN RAMON 65405 Parcel#: 222-240-007-6 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2003-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $222,700.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Centra Costa County Tax Collector Subdivision bond must be prgsented to the County Tax Collector for review anda naval of adeauacy of security- dor to filing with the Clerk of the Board of Su emsors. tiff ".tfit�r :v ax": hrau rider far bond#929.2921 asrhfch wirers sac rltk r 8885 WILLIAM J. POLLACEK, Tress r-Tax, I ctor ��l r By: . CMASURETY ISSUED IN TRIPLICATE ORIGINAL Tracts 8665&8686 Parcel#222-240-007-5 Increase -Decrease bider National Fire Insurance TO BE ATTACHED TO and form part of Sond Number92s 299issued by the Company of Hartford as Surety,on behalf of Shapell Industries,Inc.,a Delaware Corporation of 100 N.Milpitas Blvd.,Miloitas.CA 95035 hereinafter referred to as the principal,and in favor of County of Contra Costa Of Tax Collector's Office,625 Court Street,Finance Building,Room 100,P.O.Box 631 Martinez,California,94553 , hereinafter referred to as the Obligee,effective the 20th day of January,2004 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is Understood and agreed that effective the 11th day of June 1 2004_ and subject to all the teras, conditions and limitations of the allchad bond,the penal sum thereof shall be and the same is hereby increased frorrt the Burn of Two Hundred Eight Thousand Three Hundred and Noll 00 Dollars( $208.300.00 � to the sum of___ Two Hundred TWenty Two Thousand Seven Hundred and No/100 Dollars(- $222,70000 )• IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shag not exceed the stem of Two Hundred Eight Thousand Three Hundred and No/100 Dollars(r X206,300.00 or for any loss occurring subsequent to said date shall not exceed the sum of Two hundred Twen!y Two Thousand Seven Hundred and No/100 Dollars( $222,700.00 } in no event,however,shall the aggregate liability of the Surety exceed the larger of the aforementioned stems, it being the Intent hereof to preclude cumulative liability, SIGNED,SEALED AND DATED this 17tt, , ,,,day of _ June---- 2004 Accepted By.- County of Contra Costa Shapell industries,Inc.a Delaware Corporation DATE BONDs� ' e" 2/1BU3REV'EWE7 ANI?APPROVED National Fire Insurance Company of Hartford CENTRA COSTA COUNTY T ) TR 1 L T OOLLECTOR ,�'� By. ' s By: t`r y" ' _ (Basi) Gi `Shea Attcmey-in-fact S tJR-23 t 69-D State of CALIFORNIA County of LCS ANGELES On June 17, 2004 before me, Sandy Hanner- Notary Public Date NAME,TITLE OF OFFfCER.. "JANE DOE, NOTARY PUBLIC' personally appeared Gina O'Shea NAME(S)OF SIGNER(S) { x ) personally known to me -OR - (_._.) proved to me on the basis of satisfactory evidence to be the person(s) whose names#is/Aiwsubscribed to the within instrument and acknowledged to me that bn!kshe1jM executed the same in hdw)her/ c.authorized capacityoee, and that by PAN/her/ftw signaturef t) on the instrument the person(K), or the entity upon behalf of which the person(t acted, executed the instrument. ;; 7 S NDY7NNER WITNESS thand and off€ ' I seal. rammission#i362i ; v s Notary Public-California a. My � s County /SIGNATU i E OF NOTARY GomxpirJul 2,2006 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 NUMBER OF PAGES (x} ATTORNEY-IN-FACT 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-107426-8 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 organised 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 Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney;pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto axed on this 16th day of April,2004. AS OWNContinental Casualty Company National Fire Insurance Company of Hartford owo" �, areo American Casualty Company of Reading,Pennsylvania JULY i SEAL Iasi KA Michael Gengler Senir Vice President State of Illinois,County of Cook,ss: On this 16th day of.April,2004,before me personally came Michael Gengler to me know,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. t�FP#GIAI-SEA-. • ELI2A PRICE • MY COMA eWON eXPRAORI E8:aonrma My Commission Expires September 17,2006 liza Price Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony wherq ave hereunto subscribed my name and affixed the seal of the said corporations this 17th day of J-Lme L V br trlw �xsue Continental Casualty Company National Fire Insurance Company of Hartford cow r� �44WV44 o American Casualty Company of Reacting,Pennsylvania lute ar, SEAT. r gat Tool 0 Mary A.RibikalTis Assistant Secretary Form F6853-11/2001 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 duty 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 17th day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Croup 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-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 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 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice Presidentof 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-Pact,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 tire Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 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 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 air 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." TICS 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, 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. DISCLOSU'REQF PRF IUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DIS-CLOSURE FEDERa.PAR—TICIPATION IN EA3MENT OF TERRORISM The United States will pay ninety percent (00%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Farm F7310 `��^ ^.�.� :/`:/�. �/\.Win;\�"✓�/��/V�V�.'�W�/���i N1^.//�(�'�'V '��/V'�-\v�i.,���.V, /\, .0„��Nv�r�nN'�/M/�N������vNWV�M!l� S ) �l �1 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara s� ,z Can June 21, 2004,before me,Janice T. Kruse,Notary Public personally appeared Marie A. Cook,known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument,the person or the entity upon behalf of which the person acted, executed the instrument. S JANICE T.KRUSE � �� _ commission 1318697 WITNESS my hand and official seal. � .. iVoiory Public Cnlitotnio 5onio cktrq county >` Signature of Notary Public s Optional Information � Title or Type of Document. Increase/Decrease Rider Tract 8685 & 8686 s 5� Capacity Claimed by Signer. Senior Vice President for Shapeli Industries of Northern California--A Division of ShaReil Industries,Inc. S � PRINCIPAL TITLE COMPANY SURETY Shapell Industries,Inc. First American Title Co. Natjongl Fires CQMpany of Har:brd 100 N.Milpitas Blvd. 1355 Willow Way,#101 5820 Canoga Avenueuitq 200 Milpitas,CA 95035 Concord,CA 94520 Woodland Hills, A 91367 Attn:Elaine Rojo Attn..-Barbara Pinto Attn: Bond Dept, Phone:408-946-1550 Phone: 925-356-7025 818-713-2035 FATCO#879992 Bond No. 929 299 728 Tax year 2004 - 2005 Premium: $1,562.00 BOND AGAINST TAXES Tract 8685, Gale Ranch 11,N-14,Rose Garden KNOW ALL ME`d BY THESE PRESENTS: THAT, -Shapell Industries,Inc., a Delaware corporation as principal and (Surety) National Fire Insurance Company of Hartford a corporation organized and existing under dm laws of the State of CT and authorized to transact surety business in California as surety are held and fzmly bound unto the County of contra costa, State of California, in the penal sum of Two hundred eight thousand three hundred Dollars (S 208300.00 ),to be paid to said County of Contra Costa for the payment of which will and truly be made,we and each of us bind ourselves, our heirs, executors,administrators and successors,jointly and severally, firmly by these presents. Sealed with our Seals and dated this 20th day of January, 2004. The conditions of the above obligation is such that VFrMREAS- , the above bounded principal is about to file a map entitled - Subdivision 8685 and covering a subdivision of a tract of land in said County of Contra Costa and there are certain liens for taxes and special assessments collect6a as taxes,against the said tract of land covered by said map, which taxes and special assessments collected as taxes, are not as yet due or payable. NI TOW,THEREFORE,if the said Principal,shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said mar, at the time of the fling of said map of said tract, then this obligation shall be void and of no effect,otherwise it shall remain in full force and effect. Shapell Industries,Tmc.,a Delaware corporation National Fire Insurance Company of Hartford Prificipal Surety Pamela L. StockAttorney-ire-Fact c i p,a I (notary acknowledgmcrit attached) POINTR OF ATTI` `N`EY APPOL'`IT NG DlDIVIDUAL ATTO- -EY-I?";-FACT Know Alt Men By These Presents,That Continental Casualty Company,an Illinois corporation,National.Fire Insurance Company of Hartford,a :onnecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"}, re 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 ignatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly AHall,Sandra V Hanner,Individually >f Sherman Oaks,CA,their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their rehalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- ind 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 icts 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 14th day of October,2003. *su*4, rat Continental Casualty Company National Fire Insurance Company of Hartford LOA Jl7p tor--00=47•t American Casualty Company of Reading,Pennsylvania a JVtY ri, 4a SEAL. < ° r T9� ► 7897 Michael Gcngler Se �VicePresident State of Illinois,County of Cook,ss: On this 14th day of October,2003,before me personally came Michael Gengler to rile known,who,being by me duly swom,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 insuwrnent 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 nwne thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SISAL ELIZA PRICE 140rnxt nro4+RA,sra7a CO xa,ueow rr 00MM ON exmmij;wn TMO 00 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-Law and Resolution of the Board.of Directors of the corporations print pn t�`ic reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this i1L day of jY 2004 Continental Casualty Company National fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania � �• „ Jur.r rt. SEAL S - 1s21,7 r 897 ` KAte • Maty A."al9kis Assistant Secretary Form F6853-11/2001 State of CALIFORNIA County of LOS ANGELES On January 20, 2004 before me, Sandy Hanner- Notary Public Cate NAME.TITLE of OFFICER. -JANE DOE, NOTARY PUSLIC" personally appeared Pamela L. Stocks NAME(S) OF SIGNER(S) ( } personally known to me - OR - (—) proved to me on the basis of satisfactory evidence to be the person(4) whose name(4 is/aseEsubscribed to the within instrument and acknowledged to me that h!�dshef c executed the same in bdrdher/lmlt authorized capacity{aee; and that by Wherttt+ signatures} on the instrument the person(€), or the entity upon behalf of which the person(t acted, executed the instrument. ,. .. .. - WITNES y hand and off'ici 1. SANt I�FiAN Corrimissiatt;iE t3662'I57 %-;, my Notary Public•C.akfomis SIGNATLIkE of NOTARY Los Angeles County Comm.Expires Jul 2,20016 OPTIONAL Though the data below is not rewired by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this farm. 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 { ) ATTORNEY-IN-FACT TRUSTEE(S) { ) GUARDIANtCONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire lnsurarce Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE NQTICE In accordance with the Terrorism Risk insurance Act of 2002, we are providing this disclos=e notice for bonds and certaha 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 snore of the following companies (collectiv6ly 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, aad The Continental insurance Company. DISCLOSURE OF PREMIU,)l The premium attributable to coverage fox terrorist acts certified under the Act was Zerr, Dollars ($0.00). DMCL E OFIEDER j EARTICTRAMOYLN FT QF JB3P7� The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable s"l-rety/insurer deductible. Form F-7310 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California i County of Santa Clara On January 23, 2004, before me,Janice T. Kruse,Notary Public�personally appeared, Marie A. Cook and 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 s; persons, or the entity upon behalf of which the persons acted, executed the instrument. . e2 Commhsion# 1318697 i ,. teary cowarnia WITNESS my hand and official seal. S Stxtk�C'�tss Ccwrt#y ` My Gcx�nttt.�M�t Aug24. Signature of Notary Public z=, Optional Inrorr6ation s , z ?S Title or Type ofDocumert: 2004-2005 Band Against Tares #929299' 28, Tr. 8685 5� � Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of > Shapell Industries,Inc. 11 ti. ij ; fJ 2.A=.F—R 2119/04 _ 1,15-104 FATCO $42 8685 Tax collector's Office WItilam J. Pollacak 325 Court Street Contra County Treasurer-Tax collector inance Building, Room 100 P. 0.Box 631 Russell V.Watts Martinez,California 94553- CostaChief Deputy Treasurer-T.x Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor Date: 1/5/2004 5/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE GATE TAXES ARE OPEN FOR COLLECTION (RBST CODE 2608) THIS LETTE7, IS VOID. This Will certify that I have examined the map of the proposed subdivision entitled: Tract I IVIS# Cit!( T.R.A. 8685 SAN RAMON 66405 Parcel#: 222-240-007-5 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2003-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, Which became a lien on the first day of January, 2004 is $208,300.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision band must be presented to the County Tax Collector for review and a proval of adequacy of securit rior to fillnq with the Clerk of the Board of Su eryisors, WILLIAM J. POLLACEK, Treasu e x C lie r By: