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HomeMy WebLinkAboutMINUTES - 10142003 - 2003 RES 628 �.117 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 14, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UIL1tEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/628 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8632,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 8632,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 SG:mr:sr G:1Grpr3atalEngSvc\IIi:312003110-14-03LSUB 8632 BO-21.&ctaken and entered on the minutes of the Board of Supervisors Originator:Public Works(ES) on the date shown. Contacts Teri Rie(313-2363) cc: Public Works—T.Bell,Construction J.Gray,Engineering Services Current Planning,Community Development ATTESTED: O( BEI� 4 2{�0 T—August 14,2004 Shapell Industries ofNorthem California, JOHN SWEETEN,Clerk of the Board of Supervisors and a Division of Shapell Industries,Inc. Sam Worden County Administrator P.O.Box 361169 Milpitas,CA 95033 National Fire Insurance Company of Hartford Pamela Stocks By ,Deputy 5820 Canoga Ave.,suite 200 Woodland Hills,CA 91367 RESOLUTION NO.2003/ 628 8Z9/£OOZ 'ON NOIIMOSU •luouTlxedo(I s3lxo,m aTlgnd oql Tp!m alg uo axe siluuod ITsodap IIV '(I:IA02IddV OSIL sl luauTaaxfe uOTSTATpgns plus Im U '£ •osn aTlgnd of poleolpop se uoaxagl uAwgs sluouioseo xo `sgled `slaaxls oqI,Io Aue aTlgnd oql jo jlegag uo loofaa xo Id000e lou saOP pxeog MR PUB(I'JA07IddV sT dein IMM Pres IBM, •Z •sueld agToods pue IeTauaS s,hlunoo aql gjIm luolsTsuoo oq of QdRIIL1RIa.LgQ sT`luoLmAo.TduTT PUB USTSaP sIT xOJ SUOTSIAcad agl gllm xagloSol `uoTstAtpgns plus Ieq,L •I :GHAZOSall SI ONIt1t1.OTIOd alll `aUOJ UaHl `AION •0$ag of paleulTlso sT uatl xel lelualuolddns agl ptm lln3 ui plud uaag seq ualt nal tbOOZ-€OOZ oqL *deux plus uT popnlouT hlzadoxd agl uo poiAol axololaxaq soxel f4unoo predun ou axe axagl Imp SuTlels xoloolloD xe,L AjunoD oqI uxoxl xalla'I xalla"I XVJL m dxo�asumulo(I e `•oul `saulsnpul IlodmIS jo uOISTAT(I e `eTuxo3Tlej uxaglxohllo saulsnpul Ilod-egS :Iedlouud 00'000`89S$ :iunourV sleualeyll 2'xogeZ 00`009`t,ZI`I$ :IunourV ooueuuo3xad £OOZ `€AInf :a1v0 I9ZOLZ6Z6 :xagumN puog Pxo,IMHJo RueduToD oominsul axed IeuoTleN :AueduloD puog puog Aaans •g O€08L5Z-96 :xagumN CII xe,I, vluzo3TleD uxagijoN.Io saulsnpuI IladegS :gig pallTuxgnS £OOZ `OI XInf :aleCl 98tSot, •oN iluuad ITsodaCl s,xolTpnV OO`OOti`l I$ :lunoTue ooueuuojiad puog gsv3 V Z :H9vd €OOZ `t,l xagoloo :HLVQ (III 1314sl(l)•eaxe(.talleA,Slxaq iio-(I)uoule�'l utS`•dxoo om mela(la'•aul`saulsnpuI IladegS JO uOTSTAT(I e `eTuxojTleD uiaglxoN 3o saulsnpuj IladegS hq podolanaP SuTaq`Z€98 uOTSIATpgnS xoj luaulaaa'V uoTSTATPgnS pile dtW IL'uii otpjO IL'AoxddV :Zjapg flS SUBDIVISION AGREEMENT (Government Code§664.62 and§66463) Subdivision: 8632 Principal: Shapell Industries of Northern Califomia, a Division of j J Shapell Industries Inc.)C� Effective Date: ( �1 L Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTS'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL Maurice M.Shia,Public Works Director Shapell Industries,Inc. By: tsi�noture) —4 �-+ RECOMMENDED FOIL APPROVAL tit ) I i'l9rC By: �' (sw-t-c) Engineering Services �sion cwt &A ) FORM APPROVED_: Victor J.Westman,County Counsel (NOTE: All signatures to be aelmowledged.If Principal is incorporated,signatures roust conform with the designated representative groups pursuant to Corporations Code§313) I. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Court "and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROjMMhTS. Principal 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 and in conformance with the Contra Costa County Ordinance Code (including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof, as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manna*equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $11,400 cash,plus additional security,in the amount:$1,124.600 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,Principal 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:$568,000,which 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, Principal guarantees payment to the contractor, subcontractors and to persons renting equipment or famishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. d. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said 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. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PIAN W,1 HRA_NTY. Principal 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,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. h1O WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed,nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section. A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The is 'i'1 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 suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them, D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSIS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. St3RVF Y . Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NQN-PFRFOR_MA=AND CQ51S:If Principal fails 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 Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement andtor any deposit,bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third parry beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. RL-Mlad GAGrpDat0\EUwSw'S1avatGWe tta=b\8632(NII)\8632 AG-30.doc Rev. October 25,2001 CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT State of California ss. County of �--- .l' &� La _111Z4 1 On Li C:�� before me, 1 0 1 5 Dale Name and Ti11e of Officer(e.g.,"Jane Doo,_Notary personally appeared 0C - - ...,5�. .. Name(s)of Signar(s) 'ersonally known to me CJ proved to me on the basis of satisfactory evidence " — — —— J` to be the persontsy whose names Aelare Corrtmiuien# 133118d47 i tAMC�Y.KRsubscribed to the within instrument and Nokny PUb#C-CttWOMIa acknowledged to me that 49i4~hey executed 3M40 Garro County the same in h8rltheir authorized WAuqU. capacity(ies), and that by 44~their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TNESS my hand and official seal. signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: 0Indivi uaITop of thumb Hare orporate Officer--Title(s): i. 0 Partner—0 Limited 0 General 0 Affomey-in-Fact 0 Trustee 0 Guardian or Conservator C] Other: ` -,,� t Signer Is Representing;— 7—"� 01898 National Notary Association•9360 be Sato Ave.,P.O.Bou 2402+Chatsworth,CA 91313.2402•www.nationalnotaryorg Prod.No,5907 Reorder:Call Toll-f=ree 1.800-878.8827 4; HAS W h SI y < Tt p-CS W a < 6 O Y ��Y<�W y� � II-z! � WwJ• 6 i-j rp V~ j W i Ci �2 og< CC yn ti N "23 VI Wd r3 Af y�a� 0� V yd go vr t� as < y� rb4�lip `� t < 0 ~ Y Yb 0SVta 0 WEA Palt7 "g W 25 a G I SI YEAH 1291W <M 110 01. vi y y win; V6 F � O iW it RW1 I d Ighay� 1yNy�"Oy0� dg�o vpYi O(Y�,y3a'W (O�N�WW F�Z2�CmS V <Z�1Jj F��•dCmy<� Ya of! q g; ,gqll R �atoy a� QQjR $SS <8 > j t'; Oki a � a QW �,w `.�6 c<osE taw-y- b{'g[ y 2 *=� yJy�,�YJµ.I t JU 888 Gr Yt < ��+�.jO �0. 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Z ^'1Y� h �..=15S+ x L giZN Y"N W W W W -1 W rid W tAi rn Ktoii cpAi.AO A•rY�S2+�J�YlP^5�6+��t�39eA+fi118+8Y1}TSh9 a � �l�l ry�yy yy �rJ.�7 pO WC� Y Y W RIM $$Y��t��V}•'?jq cc E Ug ��yW� NyJ 4{e,� ,ypZ N to d (C OS N T W d C .K m "ZZ s�gy z7, •tr.z�,°�. I `a a t'"` �-... �Q� `$1 8C7 and 1 20, AIR `� 11 r OM 7 rr t�3 �+ R VA mob' i r `' N1 pu� rye' .y.� !¢. ,Qlsf m rr 4 i _'l7 v .�.,,9h� aG..•¢r`l v}w^o. hh..• �A °n wy`�� i~b`K��• Ogs.+b� y�y . O Ix 2a $$ x2� 2Y2i2n222`2I22 p� dm ~Yy �.`...ti.�...�..n..��.�...� `.N"'S r.Yb M1• '9...a'S h ~� 'a d J-J N V-d W •-A tea•s,nMw Yoae+�a+a +16i8tib�E[w�s�¢m'fwY9�baxxuFaVwYMO COUNTY OF CONTRA COSTA 1✓`�( DEPOSIT PERMIT ' OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER til (Fox Cash Collection Procedures sea County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG C}Ct TASK OPTION ACTIVITY AMOUNT '.:"arc' `� l- � !� �.J7'�✓ � ����r c�7��C'� IC}tJ `7. G�'t3i fi r� 5 0 41) how r,f)itri ,y ► i4 V f rlJ T J i✓ n40l e 1 I C✓t} ak - r7 3/ 11 9 S 9 '? "On M0676 M5 AeV 6fw1qAAll I rL , . E tANATlO : �' DEPOSIT . 00 DEPOSIT • � - Deposit following't eirns �^ iy and CURRENCY $CQETC �j L $BANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D NUMBER DATE 408485 L ' 3 ASSIGNED — The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above mount is hereby deposit into the County Treasur)6 acknowledged Ti # f.EXXT. 3`f fid: LA Si d Deputy mty ttor - Deputy County Treasurer 04 REI!I7-43► COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA f � RECEIVER FROM ORGANIZATION NUMBER ` (Far Cash CoNection Procedures sae County Administrator's Bulletin 105.) DESCRIPTION FUND/CN ACCTTASK OPTION ACTIVITY AMOUNT t: 1 i 1 i i 1 i i i i i 1 i i i 1 1 1 I t t 1 I 1 t EXPLANATION: TOTAL DEPOSIT Deposit consists of the fo#owing items COIN and CURRENCY $_ —- CHECKS,K04 ETC $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY PERMIT DEPOSIT DP_ 403 NUMBER DATE '7 / 4 ) ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approvad 2 of oboes amount is hereby . ' into the County Treasurys ackrsaw . Dntal of Signed. Signed: TiX? '. . T"7 epu DePutY StY Treasurer D-34 REV.(7-93) 0649-9665 / 831000: G1116863, Sub 8632, Shapell Industries of No. California, 100 North Milpitas Blvd, Milpitas, CA 95035 $54.600,00, Sub 8632 Inspection Fee $3.000.00, Sub 8632 Plan Check. 819!P"- 800: G1116863, $11,400,00, Sub 8632, Cash Bond- Civil, Shapely Industries of No. California, 100 North Milpitas Blvd, Milpitas, CA 95035 ' Subdivision. T-86321 N-10/Renaissance,Gale Ranch 11 Bond No.. 92227o251 — Premium: $8,435.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL of SyBpiyitsm AGTtEEm2g: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision T-8632/N-10/Renaissance,Gale Ranch 11 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 the Final Map or Parcel Map for said Subdivision. 2. Shapell industries of Northern California,A OBZIGATIQN: _Division of Shapell Industries,Inc.,a Delaware Corp. a3 Principal,and National Fire insurance Company of Hartford ,a corporation organized existing under the laws of the State of CT , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: One Million One Hundred Twenty Four A. Performance,and Guarantee: Thousand Six Hundred Dollars and 00/100 ($1,124,600.00 }for itself or any city assignee render the above County Subdivision Agreement, Plus B. Payment; Five Hundred Sixty Eight Thousand Dollars and 00/100 Dollars($ $568,000.00 ) to secure the claims to which reference is made in Title XV (commencing with Section.30$2) of Part 4 of Division Ill of the Civil Code of the.State of California_ 3. C i< m: A. Tire Condition of this obligation as to Section .(A) above is such that if the above bonded Principal, his o-its firs, 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 rte ent and any alteration thereof made as therein provided, on is or its part, to be kept and perfor=d at the time and m the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa, (or city assignee), its officers, agents,and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in 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 perforins ce of the aforesaid agreement and referred to in the aforesaid Civil Code for materials famished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the sane in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on July 3, 2003 Shapell Industries of Northern California,A PRINCIPAL. Division of Shapell Industries,Inc.,a Delaware Corp. SURETY: National Fire insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 5820 Canoga Avenue, Suite 200 City: Mi# s dip. 95035 City: 'Woodlan Hills p Zip. 91367 Print Mame: _ �' 'Y' MYg-, Print Name: Pamela L.Stocks Title: s� �,. V,P. r Title: Attorney-in-Fact By: t---- Print Name and Title: Rlee :mw \\PWSJ\SHARDATA\(IpDatae4Svc\Fo=\BN WORD\BN-12.doc ................. __'. ...::::...... .....,.. _.. ... NAOTME 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. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 POWER OF AT` RNEY APPOINTING INDIVIDUAL ATT' `NEY-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 Hanner,Individually of Sherman Oaks,CA,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 6th day of March,2003. r.�sttttr ws+►� rff�""ra' Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania SEAL tlitYIi, rito`r � • Michael Gengler Sen �VicePresident State of Illinois,County of Cook,ss: On this 6th day of March,2003,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 heading,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 • ELIZA PRICE • WYAW KWA nA»a u.Now wcc�rasatN+rxrwN�anxw Arty 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 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 3rd day of_ July Continental Casualty Company + ` National Fire Insurance Company of Hartford American Casualty Company of heading,Pennsylvania SEAT. i, 'a tairr �" r+ � .c-tJ acs Form F6653 Ma�A. hikafjkis 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 Int—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'"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-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 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 17a 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 President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any 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 176 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 July 3,2003 before me, Sandy Hanner- Notary Public Oat* NAME,TITLE OF OFFICER„"JANE OOE. NOTARY PUNIC" personalty appeared Pamela L, Stacks NAME(S)OF SIGNER(S) ( } personally known to me—OR-- (_...) paved to me on the basis of satisfactory evidence to be the persona) whose name(s$is)*moubscribed to the within instrument and acknowledged to me that Wshe/IM executed the same in his/her/MW authorized capacltyoee„ and that by f I�lheri4 signatureo) on the instrument the person(&), or the entity upon behalf of which the person(30 acted, executed the Instrument. -+-+� Y — — WITNES 'rny hand, and official seal. SAN<)Y tiAMEt ./ Commission#1362157 [ mer Notaarry AngeWs�ia StG TURF OF NOTARY My Comm.Expires JtA 2,2008 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 ( o) INDIVIDUAL ( .�) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (._..} PARTNER(S) (-..) LIMITED ( } GENERAL NUMBER OF PAGES ( } ATTORNEY-IN-FACT (..®) TRUSTEE(S) GUARDIAN/CONSERVATOR ( .} OTHER ELATE OF DOCUMENT" SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Comoam( Of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of a}o (,. \ ss. On— c,;3 before ate Name and Title of Officer(e.g.,`Jane Doe,Notary Public" personally appeared b e_.iZ T . V CXR P- 4-3 f�-N rlj fV Names)of Signers) personally known to me Cl proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) mare subscribed to the within instrument and .JAKE T.KFtUSE � +; acknowledged to me that hefjhelthey executed Commission f318E the same in f their authorized z R��Jom Public-CeJlfort7r capacity(ies), and that by *~their Santa tblic County signature(s) on the instrument the person(s), or MYCWM r pui24, i r the entity upon behalf of which the person(s) acted, executed the instrument. WIT SS my hand and offi ' eai. Signature of Notary Public oni L Though the information below is not required by law,It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 7Z7,,TQ R C �, l 632 Document Date: Number of Pages:_ _ _ _ Signers)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: MEMO ❑JrAvidualTop of thumb here Corporate Officer—Title(s): 1S l_ ` 1 S; C,, O Partner—0 Limited D General - Q Attorney-in-Fact 11 Trustee 0 Guardian or Conservator 11 Other: Signer Is Representing: c L 01999 National Notary Association+9360 De Soto Ave.,P.O.Boz 2402-Chatsworth,CA 91313.2402•www,nationalnotary.org Prod.No.5907 Reorder:Call TUI-Free 1.800.876-8827 .V010A WWI T 11 " ,_ r.. .,; 9/15/03 FATCO$27 8632 Tax Collector's Office Alliam J.Poilacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.O.Box 631 ��``""' C� Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)6464135 FAX Tax Operations Supervisor 'r 1 Date: 9/1512003 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2003, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract 1 MS# City T.R.A. 8632 SAN RAMON 66450 Parcel#: 222-240-004-2 222-240-017-4 222-240-019-0 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 2003-20304 tax lien has been paid in full. Our estimate of the supplemental tax lien is $0.00 This tract is not subject to a 1915 Act Bond. If subject to a 1015 Act Bond, the original principal to calculate a segregation is Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treas rer-Ta C ector By: