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HomeMy WebLinkAboutMINUTES - 10282003 - C6-C10 TO: BOARD OF SUPERVISORS FROM: MAURICE SHIU,PUBLIC WORKS DIRECTOR DATE: OCTOBER 28, 2003 SUBJECT: REFERRAL TO THE TRANSPORTATION,WATER AND INFRASTRUCTURE COMMITTEE ON THE COUNTY'S PAVEMENT MANAGEMENT PROGRAM SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION L Recommended Action: DIRECT the Director Public Works to report to the Transportation Water and Infrastructure Committee (Committee) on the funding and budget for the Pavement Management Program and how priorities are established. II. Financial Yrnact: None to the General Fund. Reporting on this matter to the Committee can be accomplished within existing budget of the Public Works Department. The financial impacts of any recommendations from the Committee will be included in their fixture report to the Board. III. Reasons for Recommendations and Background: At the September 15''Transportation Water and Infrastructure Committee,Supervisor Gioia requested a report on the funding and budget for the County's P#vement IVlana ement Program and how priorities are established. �3 Continued on Attachment-, SIGNATURL ... f - .. ... COMMENDATION OF COUNTY ADMINISTRATOR COMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE (S): ACTION OF BOA N OCTOBER 28, 206,1�I'ROVED AS RECOMMENDED XX OTHER I hereby certify that this is a true and correct copy VOTE OF SUPERVISORS of an action taken and entered on the minutes of xx UNANIMOUS(ABSENT NONE ) the Board of Supervisors on the date shown. AYES: NOES: A 3SENT: ABSTAIN: JB:Iz ATTESTED: OCTOBER 28, 2003 GAG,pDataWdminUuiie\BowdOrderslRetertoTWlConCounty PMP.doc John Sweeten, Clerk of the Board of Supervisors Orig.Div: Public Works(Admin Svcs) and County Administrator Contact: Julie Bueren(313.2342) e: J.Sweeten,County Administrator S.Goetz,Cotmnunity Development S.Kowalewski,Public Works J.Yee,Public Works By --- t Deputy ............................ ......... ............._.. . _.. ... . ...__. ... . ... ......... ...._.......... .._...... ...................__.i.. r ......... ( ........ ........ _. CONTRA COSTA Co Recorder Office STEPHEN L. WEIR Clerk-Recorder DDC— 2003-053591 1-00 Recorded at the request of: Wodnesday,, OCT 29, 2003 11:34:48 Contra Costa County FRE $0.00 Board of Supervisors Tt 1 Pd Return to: $0,00 Nbr-0001$30191 Public Works Department 1 r C/R 9/1—8 Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORt'NIA Adopted this Resolution on October 28, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UIL EMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 640 SUBJECT: Accepting completion of improvements and declaring Dougherty Road as a county road, Road Acceptance 1103 (cross-reference Subdivision 7984), San Ramon (Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements in Road Acceptance 1103, Dougherty Road (cross-reference Subdivision 7984) have been completed as provided in the Road Agreement with Shapell Industries of Northern California, a Division of Shapell Industries,Inc.,a Delaware Corp.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. LT:rm:sr G:\GrpData\EngSvc\BO\2003\10-28-03\RA 1103 BO-45.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) I hereby certify that this is a true and correct copy of an Recording to be completed by Clerk of the Board action taken and entered on the minutes of the Board of cc: Public Works Tax I.D.95-257-6030,Accounting Supervisors on the date shown. -T.Bell,Construction Div. Valdez,M&T Lab H.Finch,Maintenance Div. ATTESTED: OCTOBER 28, 2003 -H. 1.Bergeron,Mapping Div. JOHN SWEETEN,Clerk of the Board of Supervisors and -J.Gray,Eng.Svc. County Administrator -T.—October 14,2004 Sheriff Patrol Div.Commander CHP,c/o Al i CSAA-Cartog By r •" Deputy Shapell Industries of Northern California a Division of Shapell Industries,Inc.,a Delaware Corp. Sam Worden and Steve Savage 100 N.Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance Company of Hartford 21650 Oxnard St.,Suite 600 Woodland Hills,CA 91367 RESOLUTION NO.2003/ 640 SUBJECT: Accepting completion of improvements and declaring Dougherty Road as a county road, Road Acceptance 1103 (cross-reference Subdivision 7984), San Ramon (Dougherty Valley) area. (District III) DATE: October 28, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of October 14, 2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY June 26, 2001 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,796,300.00, Band No. 1.90 723 972 issued by the above surety be RETAINED for the six month lien guarantee period until April 28,2004, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that Dougherty Road the hereinafter described road, as shown and dedicated for public use on the Final Map of Subdivision 7984 filed October 28,2002,in Book 448 of Maps at Page 29, Official Records of Contra Costa County, State of California, is ACCEPTED and DECLARED to be a County road. Upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. Road Name Road-RIW Widths Len tills (Miles) Dougherty Road Varies 108'-127'/Varies 142'-161' 0.8 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$35,900.00 cash deposit(Auditor's Deposit permit No. 369922,dated June 15, 200 1)made by Shapell Industries of Northern California,and the performance surety bond rider for $533,500.00, Bond No. 190 723 972 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2003/640 Executed in Triplicate CJMSUR RA-1103(xref Sub 7984)Dougherty Road Increase -Decrease Rider TO BE ATTACHED TO and form part of Bond Number .w..190723972..........._... issued by the National Fire Insurance Company of Hartford as Surety.on behalf of Shapell industries of Northern California,A Division of Shapell Industries, Inc. of Milpitas,CA µ- _...�.. ,herainaftr referred to as the Principal,and in favor of County of Contra Costa ... ofMartinez, CA __..._... .. ..... _ ._ ....... .w ......__... .... . .._._. ., ... ..�.._.. _ ... . hereinafter referred to as the Obitges, effective the _ 94fh day of. . r June,, a0) IN CONSIDERATION of the premium charged for the attached bond and other good and valuable conalderation it Is understood and agreed that effective the�_ 23rd day of September , 2003 1 and subject to all the terms, conditions and limItabons of Me attached bond,the penal sum thereof shag be and the same is hereby decreased from the surn of Three Million Five Hundred Fifty,Six Thousand Seven Hundred and NQ/100*** -_� OoNars{ 3 556 7DO.CiO*�) to tha sum of .dive Hundred Thirty,Three Thousand Five Hundred and NO/100**" Dollars( $533.500.00*** IT I5 FURTHER UNDER-STOOD and agreed that subject to all the terms,conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurrhV prior to sold data shall not exceed the sum of Three.Mill€on Five Hundred Fifty Six Thousand Seven Hundred and NO/100*** �- _.. ......_._..�.Dollars($3,556.700.00*** ) or for any loss occurring subsequent to said date shall not rxcead the sum of Five Hundred Thirty Three Thousand Five Hundred and N0/100*** Dollars( $533,500.00*** In no avant,however,she#the aggregate liability of the Surety exceed the larger of the aforementioned sums, It being the Intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATED this ..281b day of August 2003 Accepted By: Shapell Industries of Northern California, County of Cont, Mosta a Division of Shapell Industries, Inc. (Principal) 6 : B :-6- �z %L (ire Jruebridge, Asst. Vice President B C. (Seal) Ken Cox, Assistant Secretary National Fire Insurance Company of Hartford - urety) (Seal) SUR-23169-D Pamela L.Stocks Attorney-in-fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 2 State of California ss. County of �. on !��� �-� before me, !�� k c—e - l , Date Name and Tule of O4.,e. ( g.."Jane tioe,Notary Pubiicl personally appeared P L C l b C-C) `? Name(a)of Signer(s) ersonally known to me ( 11 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) mare subscribed to the within instrument and —..:—1►. acknowledged tme that h it a executed � i���� the same n lerftheir authorized Comm 1318697 capacity(ies), and that by kttstheir Notmy Pubic-Clio signature(s)on the instrument the person(s), or Smnia` the entity upon behalf of which the person(s) acted,executed the instrument. NESS my hand and official seal. Signature of Notary Public -' 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 �K Title or Type of Document: ' l Document Date: Number of Pages: Signer(s)Other Than Named Above: 1 Capacity(les)Claimed by Signer Signer's Name: d Individual Top of th unb here Corporate Officer—Title(s): \`- 1`. V c ` fe'C_ ❑ Partner—©Limited ❑General ) El Attorney-in-Pact C1 Trustee 0 Guardian or Conservator El Other: Signer Is Representing: 0 1389 National Notary Association•9350 Do Soto Ave.,P.O.Box 2402•Chatsworth,CA 91353.2402•w .nationalrwtary.org Prod.No.5907 Reorder.Calf To8-Free 1-800.878.5827 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offdes*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 Stacks,Beverly A Fall,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 9th day of July,2043. GASContinental Casualty Company x cr National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania JUiy 11. 7�1t�7 Michael Gengler SeIr Vice President State of Illinois,County of Cook,ss: Chi this 9th day of July,2003,before me personally carne Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges saint to be the act and deed of said corporations. OFFICIAL SEAL. ELiZA PRICE � I NOTA7H f111A�,iIACE i1i 7t1.WCW YY f.1'lMditNStCN6�1ltF:$:OYlt1X+i My Commission Expires September 17,2005 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 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 t day of A%wst 2003 Continental Casualty Company �•'� dam" National Fire Insurance Company of Hartford ' . American Casualty Company of Reading,Pennsylvania PAY 31, °v SEMIz o r+ss� �,*I, Mazy A. aka Assistant Secretary Foran F5853 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASU�IL'f Y COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the Iimitations 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 17s 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 17x'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 17x`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 August 28, 2003 before me, Sandy Hanner-Notary Public Date NAME,TITLE OF OFFICER., "JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(5) (2S-) personalty known to me-OR - (—) proved to me on the basis of satisfactory evidence to be the person(as) whose narne(s�is/Aiwubscribed to the within instrument and acknowledged to me that i*she/Jt fit.executed the same in hWher/libc authorized capacity( and that by +l Wher/" signatureo) on the instrument the person(S), or the entity upon behalf of which the person(o acted, executed the instrument. SANC3Y+�FtANNE"' WITNESS y hand and official ai. f Commission#1362167 �a Notary Public-Caftmia Los Angel*County SIGNAT RE OF NOTARY My Comm.EVIMS Jul 2,2W6 OPTIONAL Though the data below is not required by law. It may prove valuable to persons relying on the document and cold prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (...oj INDIVIDUAL (_ } CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ( �} PARTNER(S) (-._j LIMITED (�} GENERAL NUMBER OF PACES ( } ATTORNEY-IN-FACT (�. } TRUSTEES} (_ �} 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 NAME©ABOVE G-tO742d•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 ` Titing 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, 1215 URE. OF PRFiylTli'lt%F The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE R l� Lig P AY MEXT OF TERROgISM LoasEs The Uni€ed.States will pay ninety percent (00/fl) of covered terrorism losses exceeding the applicable surety/insurer deductible. Farm F7310 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 28, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20031641 SUBJECT: Approve the Second Extension of the Road Agreement for Dougherty Road, RA 1103 (cross-reference Subdivision 7984), San Ramon (Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Road Agreement between Shapell Industries of Northern California and the County for construction of certain improvements in RA 1103,in the San Ramon (Dougherty Valley) area, through June 26, 2004; ♦ APPROXIMATE PERCENTAGE OF WORD.COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: September, 2004 ♦ REASON FOR EXTENSION: For the one year warranty IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. JG:rm:sr 6:\GrpData\Engsvc\BO\2003\10-28-031RA 1103 BO-1l.doc I hereby certify that this is a true and correct copy of an action Originator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors on Contact: Teri Rie(313-2363) the date shown. cc: Public Works--T.Bell,Construction ATTESTED:__OCTOBER 28, 2003 -J.Gray,Engineering Services Current Planning,Community Developrnent JOHN SWEE'T'EN, Clerk of the Board of Supervisors and T—August 28,2004 County Administrator Shaped Industries ofNorthern California Attn:S.Savage&S.Worden 100 N.Milpitas Blvd. P.O.Box 361169 BY Deputy Milpitas,CA 95035 National Fire Insurance Co. 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 91367 RESOLUTION NO.2003/ 641 CONTRA COSTA COUNTY 7�7 / ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: RA 1103 Developer: Shapell Industries of Northern CA Original Agreement Date: June 26,U0.1-900i Second Extension New Termination Date: June:26,2004 Improvement Security Surety: National Fire Insurance Co. Bond No.(Date): 190723972(June 14,2001) Security Type Security Amount Cash: $35,900.00(1% cash,$1,000 Min.) Bond: $3,556,300.00(Performance) $1,796,300.00 (Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thereto and acknowledge same. 15s 4CC'3 Dated: ��/�e d Dated: Auges1 -—48e3 Shapel:l Industries of Northern California, a 'D vision of S Pell Industries, Inc. FOR CONTRA COSTA COUNTY Maurice M. Shiu,Public Works ec LY6velopces Signaturc(s I By: Printed 100 N. Milpitas Blvd.. Milpitas, CA 95035 RECOMMENDED FOR AP A1: Address National Fire Insurance Company of By: Hart-f. .sI (Engineers Se c ivision) Surety or Financial Institution 5820 Canoga Avenue, Suite 200 Woodland Hills CA 91367 Ad ss (NOTE: Developer's, ,Surety's and Financial Institution's Signatures roust be Notarized.) Attorney in Facts Signature roaur."nnvao!vkt.r.w ft='C0 WC—*a Pamela L. Stocks Printed ARsr r rgvat �tim to gkrk of the Board POWER.OF AT" "'tNEY APPOINTING INDIVIDUAL ATTC..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 Attorneys)-in-Fact with full power and authority hereby con€erred 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 9th day of July,2003. <r aisua co Continental Casualty Company National Fire Insurance Company of Hartford ocnaonnre �, d American Casualty Company of Reading,Pennsylvania MY 31, SEAL fool r Michael Gengler Sena Vice President State of Illinois,County of Cook,ss. On this 9th day of July,2003,before me personally carne Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL � ELiZA PRICE NOYARY PN9i.la,MA76OE N.t,YMOi I W¢OMMf9 M 0LP "!awl?/" 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 Hoard 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 21St day of Must _3 Wr'ASw<r Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania AXY]f, a SEALCis � � ?$q7 Mary A.Rlbikai6kis Assistant Secretary Form F6853 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 I&--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 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 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 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 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 V1--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 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 17`r'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 Au=tt 21, 200S before me, Sandy Hanner-Notary Public Date NAME, TITLE OF OFFICER., "JANE DOE, NOTARY PU$LIC- personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) ( x ) personalty known to me —OR — (_....) proved to me on the basis of satisfactory evidence to be the personpg) whose name( ishat+misubscribed to the within instrument and acknowledged to me that b*she/*M executed the same in ids/her/trele authorized capacity{wl� and that by W49/her1W signatureo) on the instrument the person(tlI), or the entity upon behalf of which the person(o acted, executed the instrument. -----�- + WITNESS y hand and officio seal. SANDY HANNER Commission#1362157 Notary Public-California Los Angeles County e SIGNATURE OF NOTARY_.._ My Comm..Expires Jul 2,2006 C3PTtCiNAt 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 ( } ATTORNEY-IN-FACT (�} TRUSTEE(S) {�) GUARDIANICONSERVATOR (r } OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Comi2anv of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-10742" J.:/�M%�.tiVv'\�\l�%�i�.�'\.^..nnnN�'�/�,'V�M N��M'f� ,�N��'.v��/�`/�v\�iWV�M✓��/V�,�/�,�.N��v�..'�.N� .�/\M��N^�^��.��MAM/��/•.�w�NWV�/`✓�C CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California SS �� County of Santa Clara On September 5,2003,before me,Janice T. Kruse,Notary Public personally appeared J.C. Truebridge,personally known to me to be the person whose name is subscribed to { the within instrument and acknowledged to me that he executed the same in his 5 authorized capacity, and that by his signature on the instrument the person, or the entity s upon behalf of which the person acted, executed the instrument. !1 NICE 1 KRUSE # 1318697 r WITNESS my band and official seal. Comornio -- Sar#+a cb county yrs • t1. 3 y, s y�� 4 +moi l Signature of Notary Public sOptional Information � Title or Type of Document: C. C. County Road Improvement AgLeement Extension <z SS RE 1103 z� 5� Capacity Claimed by Signer: Assistant Vice President of Shapell Industries,Inc. zs 5 <C .,\. _�VW�/`./�../��✓�/v'�/�, .. .�_..'�... �. - ,U v\N�.-��/Irl/�n.'�i...'\^✓W�/\NVQ/�M�WV'.NW�F�/`.�'V�/\N�/�.'\N�^..M/�/N�/V�.'�Mi4'�/.M/ NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National.Fire Insurance Company of Dartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. 321SCL05URE-OF PREMIUM . The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE FEDERAL PARTICIPATIQN IN PAYMENT-OF TERRORISM LOSE . The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 CONTRA COSTA COUNTY REQUEST FOR ROAD IMPROVEMENT .AGREEMENT EXTENSION Development Number: 8. 1103 If you were unable to complete your agreed to improvements within the one-year period originally granted by the Board of Supervisors in The Agreement,the County may grant you a one-year extension upon your written request.Please realize that you must Complete your improvements in an expeditious manner, as unlimited extensions will not be granted. Please provide the reason why you need additional time to complete your improvements: Goin4 to Board for acceptance on-V-2±-0. and then will be on 1 year warranty until 9,-.4 �.,�8�; ' y `_ 55 Please provide your anticipated date of completion: September 2004 Please provide your construction schedule: N/A .Please provide us with your Federal flax ID.Number: 95-2578030 (It is mandatory that we have this number per Federal Tax Law for bonds and deposits that we refund.) Please identify any parcel numbers and owners of lots within the development: (Use additional pa es,if necessary) Assessor's Parcel Owner's Property Owner's Phone Number Name Address Address Number XTIA I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 28, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 642 SUBJECT: Approve the Second Extension of the Drainage Agreement for Road Acceptance 1104 (cross reference Subdivision 7984), San Ramon (Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the Second agreement extension which extends the Drainage Agreement between Shapell Industries ofNorthcrn California, a Division of Shaped Industries and the County for construction of certain improvements in Road Acceptance 1104(cross-reference Subdivision 7984),in the San Ramon(Dougherty Valley) area, through June 26, 2004; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: September 2004 ♦ REASON FOR EXTENSION: Extended to cover the one year warranty IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. JG:m;:sr I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\BO\2003\10-28-03\RA 1104 130-1 I.doc Originator: Public worn(Es) action taken and entered on the minutes of the Board of Contact: T.Ric(313-2363) Supervisors on the date shown. cc: Public Works—T.Bell,Construction Current Planning,Community Development J.Gray,Eng.Svc. ATTESTED: OCIOMm28 2003 T-August 28,2003(J.Gray) JOHN SWEETEN,Clerk of the Board of Supervisors and Shapell Industries of Nor.CA Atm:S.Savage&S.warden County Administrator 100 N.Milpitas Blvd. P.O.Box 361169 Milpitas,GA 45035 00, National Fire Insurance $y � I)81JLIty 21650 Oxnard Street,Suite 600 Woodland Hills,CA 91367 RESOLUTION NO.2003,` 642 CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: RA 1104 Developer: Shapell Industries of Nor CA Original Agreement Date: June 26,2001 Second Extension New Termination Date: June 26,2004 Improvement Security Surety: National Fire Insurance Co. Bond No.(bate): 190723986(June 14,2001) Security Tye Security-Amount Cash: $4,900.00(1%cash,$1,000 Min.) Bond: $483,800.00(Performance) $244,400.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: e lJ Dated: ► Shapell Industries of Northern California, a Division of ;Shaped Industries, Inc. FOR CONTRA COSTA COUNT'S ��' ----'_�`-4 1"�--� Maurice M.Shiu,Public Works Direc r veloper's Signature(s) Printed 100 N. Milpitas Blvd. Milpitas, CA 95035 RECOMMENDED FOR AT Address National Fixe Insurance Company of By: Hartford (Engineers e k e "vision) Surely or Financial Institution 5520 Canoga Avenue, Suite 200 Woodland Hills, CA 91367 A.ddfe-Os (NOTE: .Developer's, Surety's and Financial Institution's Signatures must be Notarized.) '(Attorney in Fa6ts Signature FORM APPROVSO:Vim,1,Wettw,C..MC.." Pamela L. Stocks Printed After Amraval Return to Clerk afths Bazsrd POWER OF AT' RNIEY APPOINTING INDIVIDUAL ATTR' -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 Banner,Individually of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 9th day of July,2003. Continental Casualty Company National Fire Insurance Company of Hartford a °" d>t4tFa American Casualty Company of Reading,Pennsylvania JULY VI. U SEAL T tan tags � Michael Gengler Seni7r Vice President State of Illinois,County of Cook,ss: On this 9th day of July,2403,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals,that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL EL1ZA PRICE 11Cf7AN1'lU8if0.9fATE0F1!tlN0i6 irr COMM IGN !!:Dari?M 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 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 21st day of Ajx�t 2003 GAS Continental Casualty Company National Fire Insurance Company of Hartford ", atEB American Casualty Company of heading,Pennsylvania JULY 31. t7 SEAL V 1902 7 Vogl Mary A.Rtbikal6lds Assistant Secretary Form F6853 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17'h day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company" ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI--Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-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 attomey-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 17'1'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 17,'day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." - ......... ......... _ ......... ................................................................................................................ State of CALIFORNIA County of LOS ANGELES On Au u� st 21, ? O,�C 3before me, Sandy Hanner- Notary Public nate NAME, TITLE OF OFFICER- "JANE OOE, NOTARY PUBLIC- personally appeared Pamela L. Stacks NAME(S)OF SIGNER(S) ( x ) personally known to me —OR — (r.-.) proved to me on the basis of satisfactory evidence to be the person(n) whose name(4 is/A€mubscribed to the within instrument and acknowledged to me that btsishe/kM executed the same in bdWher/ c.authorized capacity(3se� and that by /her/4 signature(s) on the instrument the person(ts), or the entity upon behalf of which the person(3} acted, executed the instrument. WITNESS�y hand and ofificial eal. SANDY MANNER rA.;� Commission*13621557 f��.r �,i Notary Public-CalftaA� S NAT RE OF NOTARY Los Angeles County My Comm.Expires Jul x,20os 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 ( ) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR ( . . } OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Comparnr of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 0.107426-8 I sZ CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT �s Mate of California s County of Santa Clara <` On September 5, 2003, before me, Janice T. Kruse,Notary Public personally appeared z� J.C. Truebridge,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his <z authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. nrrt�#131�t7 " ITNESS my hand and official seal. . r S Signature of Notary Public Optional Information s; Title or Type of Document: C. C. County Road Improvement Agreement Extension � RE 1144 '1 s Capacity Claimed by Signer: Assistant Vice President of Shapell Industries,Inc. s s s z t1 << v\ .. /+v'W ` \�i/V�'..',:_V.. ___v. /.'� . _ . .'. 1iv v+�W\%U���v�',v�✓�'v/Vv✓/. /'.N-iV.iwWM//N�'Ji. NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firdmen's Insurance Company of Newark, NJ, and The Continental. Insurance Company. The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). LU R IN 11 F T RR RIS LQS The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 CONTRA COSTA COUNTY REQUEST FOR.ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: R.A. 1104 If you were unable to complete your agreed to improvements within the one-year period originally granted by the Board of Supervisors in Die Agreement,the County may grant you a one-year extension upon your written request.Please realize that you must complete your improvements in an expeditious manner,as unlimited extensions will not be granted. Please provide the reason why you need additional time to complete your improvements: Going to Board for acceptance on -9 -13 and then will be f on 1 year warranty until _9-/-2-2f 4 . � i Please provide your anticipated date of completion: September- 2004 Please provide your construction schedule: N/A Please provide us with your Federal Tax ID Number: 95-2578030 (It is mandatory that we have this number per Federal Tax Law for bonds and deposits that we refund) 1 3 Please identify any parcel numbers and owners of lots within the development: sa additional pages,ifnecessary) Assessor's Parcel Owner's Property Owner's Phone Number Name Address Address Number 1 f i S ' IIII 11NII I f1�11 11 1111111 fff IfII fN I SIN l 11 f11 fll CONTRA COSTA Co Recorder Office STEPHEN L. IIR Clerk-Recorder Recorded at the request of: DOC— 00 1 �'� Contra Costa County Board of supervisors Wednesday, OCT 29, 2003 11:34:53 Return to: FRE $0.00 A' (� Public Works Department Tt l Pd $0.00 Nbr-0001830192 Engineering Services Division 'Ire/R S/1—8 Records Section TIME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 28, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER . NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 643 SUBJECT: Accepting completion of improvements and declaring North Gale Ridge Road as a county road,Road Acceptance 1104(cross-reference Subdivision 7984),San Ramon (Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements in Road Acceptance 1104,North Gale Ridge Road(cross-reference Subdivision 7984)have been completed as provided in the Road Agreement with Shapell Industries of Northern California, a Division of Shapell Industries,Inc.,a Delaware Corp.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. LT:rm:sr G:\GrpData\EngSvc\BO\2003\10-2M3\RA 1104 B045.doe Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by Clerk of the Board cc: Public Works Tax I.D.95-257-8030,Accounting T.Bell,Construction Div. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. I hereby certify that this is a true and correct copy of an -I.Bergeron,Mapping Div. action taken and entered on the minutes of the Board of T.—October 7,2004 Sheriff-Patrol Div.Commander Supervisors on the date shown. CHP,c/o Al OCTOBER 28 2003 CSAA—Cartog ATTESTED: OCTOBER Shapell Industries of Northern California JOHN SWEETEN,Clerk of the Board of Supervisors and a Division of Shapell Industries,Inc.,a Delaware Corp. County Administrator Worden and Steve Savage 100 N.Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance Company of Hartford 21650 Oxnard St.,Suite 600 By Deputy Woodland Hills,CA 91367 RESOLUTION NO.2003/ 643 SUBJECT: Accepting completion of improvements and declaring North Gale Ridge Road as a county road,Road Acceptance 1104(cross-reference Subdivision 7984),San Ramon (Dougherty Valley) area. (District III) DATE: October 28, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of October 14, 2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY June 26, 2001 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials) surety for$244,400.00, Bond No. 190 723 986 issued by the above surety be RETAINED for the six month lien guarantee period until April 28, 2004, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that North Gale Ridge Road the hereinafter described road, as shown and dedicated for public use on the Final Map of Subdivision 7984 filed October 28,2002, in Book448 of Maps at Page 29, Official Records of Contra Costa County, State of California, is ACCEPTED and DECLARED to be a County road. Upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. Road Name Road-R/W Widths Lengths(Miles) North Gale Ridge Road Varies 40'-79'/Varies 73'-111' 0.1 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$4,900.00 cash deposit(Auditor's Deposit Permit No. 369922 ,dated June 15, 2001)made by Shapell Industries of Northern California,and the performance surety bond rider for $72,600.00, Bond No. 190 723 986 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLCITION NO. 2003/643 Executed in Triplicate ,i URA !!A•1104 North Gar Ridge Road Cross Reference SUB 7984 tnemaae-Qeemaae rider TO BE ATTACHED TO and form part of Bond Number 190.723 986� ....a_. issued by the National Firs insurance Corrrrly of Iirrd as Surety,on behalf of Shapell Industries of Northern California,A division of Shapell industries, Inc. of vitas,CA y _.. ,hereinafter referred to as the Principal,and in(svor of County of Contra Costa of. ... Martinez,CA _ .....w. ........ . .. ....... ., ......__.. » , _._. ........ ..,... here€nafter referred to as the Obligee,effective the --141h . ,day of. IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 2�rd day of . September , 2003 ,and subject to all the terms, conditions and llmltattlons of the attached bond,"penal sura thereof she#be and the same Is hereby decreased from the gum of Four Hundred Eighty Three Thousand Eight Hundred and No/100*** Performance On .__.._...__. Dollars to the scum of .$,aY.enty I=Tho tend Six Hundred and.Noll QO*** Eprformance Qnly _ Dollars( $72,600.00*` }. IT IS FURTHER UNDERSTOOD and agreed that subject to sit the terms, conditions and limitations of the attached bond, the aggregate Ilablilty of the Surety for any loss occurrkV prior to said date shall not exceed the sum of � ......._ _._.. _ bogs(SA83.8J)Q,QQ*.* )r or ftu any,lose txtt s uent to ora# date shall not�rxceed the stmt of Seventy Two Thousand S ndred and# o1100*** Pezlormance Only Dollars( $72,600.00** ._..._ .}. In no evert,however,shall the aggregate llabilty of the Surety exceed the larger of the aforementioned sums, It being the Intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATED this --Z&b- ..day(of August 2003 Accepted By; Shapell Industries of Northern California, County of Costa a Division of Shapell Industries, Inc. (principal) —\4 t L&3 (Sem J. TFi EBRIDGE, ST. VICE PRESIDENT (Seal) KEN COX, ASST. SECRETARY National Fire Insurance Company of Hartford FA(Surety) (Seal) SUR-2316" Pamela L.Stoc s Attomey-In--fact CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On September 3,2003,before me, Janice T. Kruse,Notary Public personally appeared J.C. Truebridge 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 persons, or the entity upon behalf of which the persons acted,executed the instrument. .. .. JANICE t KRUSE CommisPon# 1318697 I'I'NESS m hand and official seal. Notary Public•California � r Y Lime CtwMy Lo.mv Sign ature of Notary Public Optional Infb'rr io Title or Type of Document: tti` -! c tti ` c fu c� CL 2 t Q t3 c2 Tract: Lot Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries,Inc. POWER OF ATTORNEY APPOINTING INDIVLDUAL 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 heading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offkaas4n the City of Chicago,an&Ztate of Illinois,andAhat they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hail,Sandra V Harmer,Individually of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 9th day of July,2003. Continental Casualty Company .01� National Fire Insurance Company of Hartford roa►o"r} .sic y American Casualty Company of Reading,Pennsylvania 117e Yi reap `� Michael Gengler Senyi Se ' Vice President State of Illinois,County of Cook,ss: On this 9th day of July,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 Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL • EtrtZA PRICE � I ilDt4fif M1ad6.67Y1TL&RLLil�li . MK COMMIOR1 :0l/4TW My Commission Expires September 17,2006 Eliza Price Notary.Public CERTIFICATE I,Mary A.Ri`b`kawskis,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 printedth reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this th day of AY.,Etr , 2003 Continental Casualty Company �ar►tinA► National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania ` x+irsr. SEI . r ts$'r � lgtR�"' +► � ^� Mary A. ilea 's Assistant Secretary Form F6853 Authorizing By-Laws and Resolutions ADOPTED BY THE BdARI?OF DIRECTORS OF CONTINENTAL CASUQ,i'(Y COMPANY: _�.. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX---Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may,'from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17'h day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI--Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-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 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 nailed and held on the 17*day of February,1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." ............................................................................................................................................................................................................................................................................................................................ State of CALIFORNIA County of LOS ANGELES On august 28,2003 before me, Sandy Hanner-Notary Public Date NAME,TITLE OF OFFICER-"JANE DOE,NOTARY Pusuc, personally appeared Pamela L. Stocks NAME(S)OF SIGNER($) ( } personalty known to me—OR -- (...._)proved to me on the basis of satisfactory evidence to be the persons) whose name(#ishamKsubscribed to the within instrument and acknowledged to me that bulisheIZ4 executed the same in WWher/tv&authorized capacity0w* and that by XW herJ signature(is)on the instrument the person(III), or the entity upon behalf of which the person(3} acted, executed the instrument. ��;, 6 .: w SANDY NAZI SER iWITNESS y hand and official seal. Comm' *138215 a-California oses County O,YNOLtaryA Comires Jut 2,2t108 SIGNA RE OF NOTARY 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 (r.) PARTNER(S) LIMITED (^} GENERAL (x} 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 Comoanv of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 0-107126.8 NOTIQE 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 (collectivdly the "Writing Companies") as surety or insurer, Western ,Surety Company,Universal Surety of America, Surety Banding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OSUR F PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). I LU U E E R I LOSSM The United States will pay ninety percent(30%) of covered terrorism losses exceeding the applicable suretylinsurer deductible. Frain F1310