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HomeMy WebLinkAboutMINUTES - 12142004 - C.22 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 14, 2004 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 04-08699, San Ramon (Dougkierty Valley area. (District III SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMT MENDATION(S): ADOPT Resolution No. 20041 670 for Subdivision 04-08699, approving the Final Map and Subdivision Agreement,being developed by Shapell Industries of Northern California, a division of Shapell Industries,Inc., a Delaware Corp., San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Subdivision 04-08699 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval for recordation of the final map. CONSEQUENCES OF NEGATIVE ACTION: The Final Map and Subdivision Agreement will not be approved. Continued on Attachment:_.,,,.- SIGNATURE: t.- ECOMI71ENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE `APPROVE OTHER SIGNA'T'URE S :Q, ACTION OF BOAR. ON— DECEMER 14, 20Q, APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS minutes of the Board of Supervisors on the XK UNANIMOUS(ABSENT V date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: DECEMBER 14, 2004 0:\GrpData\2ng5vc\B012004112-14-04\aD 04-08599 Order.doc JOHN SWEETEN, Clerk of the Board of Cott. (ES) Contact: TeriRie(1!3-2363) Supervisors and.County Administrator cc: Public Works-T.Be!],Construction Current Planning,Community Development Shaped Industries of Northern California it it iwfYA 9SBlvd» Attn: CA95035 By r Deputy Attn:Sate Warden&Steve Savage National Fir.-Insurance Company of Iiartford 5820 Canoga Avenue,Suite 200 Woodland Hills,CA 91367 At.m:Pamela L.Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 14, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, ' ESAULi'4dER i.LND Giii a 13 NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE RESOLUTION NO. 2004/ 670 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08699, being developed by Shapell Industries of Northern California, a division of Shapell Industries,Inc.,a Delaware Corp.,San Ramon(Dougherty Valley)area.(District l� The following documents were presented for Board approval this date: 1. Map The final map of Subdivision 04-08699, 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: A. Cash Bond Performance amount: $27,500.00 Auditor's Deposit Permit No. 430054 Date: August 23, 2004 Submitted by: Shapell Industries of Northern California, a division of Shapell Industries, Inc., a Delaware Corp. Tax ID Number: 95-2578030 1 hereby certify that this is a true and correct copy of an action Originator:Public Works(ES) Contact: Teri Rie(313-2363) taken and entered on the minutes of the Board of Supervisors Jv:mz on the date shown. G:\GrpData'\Eii;Svc\BO\2004\12-14-04\SD 04-08699 B0-21.doc cc: Public Warks—T.Bell,Construction Current Planning,Community Development Shapell Industries of Northern California 100 N.Milpitas Blvd. ATTESTED: DECEMBER 14 2004 Milpitas,CA 95035 JOHN SWEETEN, Clerk of the Board of Supervisors and Attn:Sam Worden&Steve Savage National Fire Insurance Company of Hartford County Administrator 5820 Canoga Avenue,Suite 200 Woodland Hills,CA 91367 Attn:Pamela L Stacks By 'Ap-,14-1 — ,Deputy RESOLUTION NO.2004/ 670 ' SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08699, being developed by Shapell Industries of Northern California, a division of Shapell Industries, Inc., a Delaware Corp., San Ramon(Dougherty Valley) area. (District III) DATE: December 14, 2004 PAGE: 2 B. Surety Band Bond Company: National Fire Insurance Company of Hartford Bond Number: 929 299 756 Date: July 23, 2004 Performance Amount: $2,719,400.00 Labor&Materials Amount: $1,373,450.00 Principal: Shapell Industries of Northern California, a division of Shapell Industries, Inc., a Delaware Corp. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2003-2004 tax lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first day of January 2004, is estimated to be $543,900.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: National Fire Insurance Company of Hartford Bond Number: 929 299 732 Date: February 11, 2004 Amount: $538,600.00 and Bond Rider: $691,100.00 Date: August 16, 2004 Principal: Shapell Industries, Inc., a Delaware Corp. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. 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PrihtName �' ngineenng Services Division PrintTHie , FORM APPROVED: Silvan B.Marchesi,County CounselN( OTE:All signatures must be acknowledged,if Subdivider is incorporated,the contract must be signed by two officers.The first signature must be that of the chairman of the board,president,or vice--president;the second signature must be that of the secretary, assistant secretary,chief financial officer,or assistant treasurer,(Civ.Code,§9190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of Calffomia ) � ss, County of ) On the date written below,before me,the undersigned Notary Public,personally app the person(s)signing above for personally known to me(or proved to me on the bass of satisfactory evidence)to be the pers whose name(s)Ware subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in histher/their authorized capacity(ies),and that by h' air slgnature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument WITNESS my hand and officlal seal. Dated: Z Notary Public (Notary Seal) �y., 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter'County")and the above-mentioned Subdivider mutually promise and agree as follows concerning this Subdivision: 2. IMPROVEMENTS.Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street fights,fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this Subdivision as reviewed and on file with the Contra Costa County Public Works Department,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto (hereinafter"Ordinance Coda°), Subdivider shall complete said improvements(hereinafter°Work")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. Code,§§66410 at,seq.)in a good workmanlike manner,In accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder;and where there is a conflict among the improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENTS SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee:$ 275W. cash,pias additional security,in the amount of$-2 7f�'`%cc,which together total one hundred percent(100%)of the estimated cost of the Work. Such additional security is presented in the form of: Cash,certified check or cashlees check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,Subdivider guarantees performance under this Agreement and maintenance of the Work forone year afterits completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount:$"373, 5t .Ao_,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. Form Approved by County Counsel Acceptable Irrevocable letter of credit. [Rev.9/031 Page 1 of 2 With this security,Subdivider guarantees payment to the contractor,to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in accordance with Sections 94-4.406 and 94.4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,'Acceptance,"of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at Subdivider's expense,any defects in said Work. The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK.Subdivider agrees to perform plant 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 an sure 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 PLAN WARRANTY.Subdivider warrants the improvement plans for the Work are adequate to accomplish the Work as promised in Section 2 and as required by the Conditions of Approval€or the Subdivision. If,at any time before the Board of Supervisors accepts the Work as complete or during the one year guarantee period,said Improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the Work as promised. 7. NO WAIVER BY COUNTY. Inspection of the Work and/or materials,or approval of the Work andlor materials or statement by any officer,agent or employee of the County indicating the Work orany partthereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said Work andlor materials,or payments therefor,or any combination or all of these acts,shall not relieve the Subdivider of its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY. Subdivider shall defend,hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnitees benefitted and protected by this promise are the County and Its special districts,elective and appointive boards,commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the Work as complete,and including the defense of any 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 Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them. D. Non-Conditions.The promise and agreement in this section are not conditioned or dependent on whether or not any indemnitee has prepared,supplied,orapproved any plan($)or specification(s)in connection with this Work or Subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any indemnitee. 9. COSTS. Subdivider shall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing utilities required thereby;inspections;material checks and tests;and other costs incurred by County staff arising from or related to the Work,and priorto acceptance of the Work as complete or expiration of any applicable warranty periods, whichever is to-ter. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. if. NON-PERFORMANCE AND COSTS. If Subdivider fails to complete the Work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the Work,County may proceed to complete and/or maintain the Work by contract or otherwise and Subdivider agrees to pay all costs and charges incurred by County(Including,but not limited to,engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs incurred by County,even if Subdivider subsequently completes the Work. Should County sue to compel performance underthis Agreement or to recover costs incurred in completing or maintaining the Work,Subdivider agrees to pay all attorney's fees, staff costs and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the Work. 12, INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the Work as complete,the Subdivision is included 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 and/or 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 party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted with the city originally.The provisions of paragraph 8(Indemnity)shall continue to apply in favor of the indemnitees listed in paragraph B.A,upon any such incorporation or annexation. 13. RECORD MAP. In consideration hereof,County shalt allow Subdivider to file and record the final map or parcel map for said Subdivision. 14. RIGHT OF ENTRY. Subdivider hereby consents to entry onto the Subdivision property,and onto any other property over which Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvement plans,by County and its forces,including contractors,for the purpose of inspection,and,in the event of norm-performance of this Agreement by Subdivider,completion and/or maintenance of the Work. Form Approved by County Counsel [Rev.9/031 H:lFinafiPMLW-SuhAgmt9.03.wpd Page 2 of 2 ........................................ �www�-vw�iv�.�rwvvw�,�,�.v�.wvvwvtin,v�M,w,NC,-w�^✓v' -v.^,v,^,n�,v�wv.,�,vvn,�,vw�vi,.�,vwwv.iwvvwv..v.iww�, • � .=��.n,v.r,��,v.�n�n.-v�%wv�n�,vwvwvvw.;�Mi-.N,�.�r.r .���.�:�...uCr:��,--:-✓-�,,vay.www ^n.w..-,�n,.�.�.v+-w.�,n,vv,,^,v�.�,���n,-.w•�� S` t, CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT >I s State of California County of Santa Clara s On September 15, 2004,before me,Janice T. Kruse,Notary Publicersonall appeared �z p �' pp ,< Robert D. Moore and Iden Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same 's in their authorized capacities, and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. s JAMCt t KRUSE --WITNESS my,hand and official seal. zz CommisMon# 1318697 r Notary Pubk--CoMornia Santa Clara County t rrcxr►m. ,Aug 24.2 Sip:ature of Notary Public << 5 Optional-Information ?> Title or Type of Document: Subdivision.Agreement Gale Ranch II,Neighborhood 5 Capacity Claimed by Signer: Assistant Vice PresidenAssistant Secretary of Sha,pell Industries, Inc. t z t S> � S; '\-"-.,V�.','�:�`,,Ai'v/i�ti'v\:'\i✓.n//,..11N.n N^..\Nn.".n�i,. ti^..n/\. /`.ln -i ,.�'.. , .�.�✓�4� .�;'�^.✓ •r''�. ,. i ,/W.^'/.^'r COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDlTOR-CON` RC)t MARTINEZ,CALIFORNIA C j, TO THE TREASURER: RECEIVED FROM ORGANIZATION NUMBER �7 rt ` { 1 , `' (For Cash Collection procedures see County Administrator's Bulletin 105.) DESCRIPTION /ORQ SUIL TASK OPTION ACTIVITY AWjDU tT ACCT. [ $ I /G) i X50 I LlL Lf J `f I r__0 I r 7 dLf,r / f f hk 4tr �.h l EXPLANATION f TOTAL $ ! v1 # l7 � Ott C "/ft c'J , , DEPOSITZ t 6� 1 } r-eemlari-et- following item>S c _ _/•�;.C ` CHECKS,Ma ET $ 01/4 13 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY 7 t X17 DEPOSIT PERMIT pp DA, DATE NUMBER 430 � r 4 The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby deposit into the County Treasury. EXT '{ ` W DeDeputy County Auditor fid: Ti Deputy County Treasurer D-34ItfV.{?-93.) COUNTY OF CONTRA COSTA LEPOW PERMff OFFICE OF COUNTY AUDI-CONTROLLER TO THE TREASURER: MARTINEZ,CAUFORNIA RECEWED FROM (�) ORGANIZATION NUMBER , v Mor Cash Collection Procedures see County Administrator's Bulletin los.) DESCRIPTION F1114f}/dIIGSUIL C TASK OPTION ACTIVITY AMOUNT V f1/4;17 ' &,o NO 0 f, j P,X11111 11 I-A AUC i 1 I I 1 1 } i I 1 I t 1 i I ! 1 EXPLANATION: TOTAL $ I DEPOSIT s Deposit consists of the following d erns COIN and CURRENCY $ CHECKS,kCC,ETC. SAW DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY I DEPOSIT a �� DATE ASSIGNED The amount of rrioney described above is for Treasurer's rmeipt of above amount is approved. Receipt of above amount is hereby deposit sato theC Tnwsury acknowledged Si DteZ f✓r EXT `f "xih, + Signed: YY Treasurer D-34 REV.(7-93} Y 0649-9665 f 831000: G1139900, $64.900.00, Sub 8681, Inspection, Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000• G1139901, $127,100°00, Sub 8699, Inspection, Shapell Industries of No. California, 100 N Milpitas Blvd., Milpitas, CA 950135 0649--9665 / 8310001. G1139903, $106.700.00, Sub 8682, Inspection, Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000: G1139905, $30,166.47, RA 1159, Improvement Flan Review, Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA 35035 819800-0800. 61139900, $13.600.00, Cash Bond, Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: 61139901, $27,500.00, Cash Bond, Shapell Industries of No. California, 100:N. Milpitas Blvd.., Milpitas, CA 95035 819800-0800• G1139903, $22,900.00, Cash Bond, Shapely Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA 95035 Subdivision. $699 t N-51 Coronado Bond No.: 929 299 756 Premium: $20,396.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMEIN`I' (Performance, Guarantee and Payment) (California Govermnent Code§§ 66499 -66499.10) I. REQ'FAL OF SUBDIVI_SION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 86991 N-5/Coronadt 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 ding of a final map or parcel map for said subdivision.. OBLIGATION: Shapell Industries of Northern California,a Division of Shapell industries,Inc,,a Delaware Coro.__ —as principal and Nati ns n I Fire Insurance Cot any of Hartford i _ , a corporation organized and existing under the laws of the State of CT _ . and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: Two Million Seven Hundred Nineteen Thousand Four Hundred No/1 00—* Dollars ( 2,719,400.00*** }far Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: One Million Three Hundred Seventy Three Thousand Four Hundred Fifty No/100*** _. Dollars (S-1,373,450.00*** to secure the claims to which reference is made in Title XV(commencing with.Section 30782)of Part 4 of Division III of the Civil Code of the State of California. 3, CONINTION. A. The Condition of this obligation as to Section(2.13:.)above is such that if the above bonded principal, or prix-cipal's heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by and.well and truly keep and perforin the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and perf'orined at the time and in the mariner therein specified and in all respects according to their true intent and meaning and shall indennnify 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 para of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section. (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa aild all contractors,subcontractors,laborers,material men and other persons employed in the perfo,mance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, tabor of any kind, or for arnounts due gander the Unemployment Insurance tact with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs, expenses and Fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(cornrncncing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to there:or their assigrms inany snit brought aeon this bond. Should the work unclel conditions of this bond be fully perforYned,thea this obligation shall become null and void, otherwise it shall be and remain in lull 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 Countv ofContra Costa(or city assignee)shall relieve the surety from liability or this bond;and consent is hereby given to make such alteration without further notice to or consent by the surety;and the surety hereby waives the provisions of Cal;fornia Civil Code Section 2819 and 'Holds its fbound without regard to and independently of any action against fixe principal whenever taken. SIGNE D A.ND SEAILE1)oil July 23,2004 Shapeli Industries of Northern California,a PRINCIPAL: Division of Shapell industries,Inc.,a Delaware Corp. SI RE'ry: National Fire Insurance Company of Hartford Address: _— 100 N.Milpitas Blvd. 6820 Cano a Avenue,Suite 200 __. address; 9 Milpitas,CA W and Hills;CA 01367 City: p' Zip: _ _95035 _ City °° ZzI i ! — Print N xxe; print Nance: Pamela L.Stocks Title: _ ..� _ _ Title: Attorney-in-F=act BY Print Name; r' 1 k '. ;DatnvaaU G:\C pD ia\En}8rctir`cnnstFN WORll\I3N-12.dca Rev.July 23,'2044 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,National Fire insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(herein called`the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seats herein affixed hereby make,constitute and appoint Pamela L.Stocks,Beverly A.Hail,Sandra V.Hanner, individually of Sherman Oaks,California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seat and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature --1n Unlimited Amounts-- and to bind them thereby as fully and to the same extent as If such instruments were signed by a duty 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 Attomey is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seats to be hereto affixed on this 3rd day of August,2001. Continental Casualty Company cs "t National Fire insurance Company of Hartford s American Casualty Company of Reading,Pennsylvania MY al. U SEAL JIM feel y~ter "'tel Michael Gengler Croup Vice President State of Illinois,County of Cook,ss: On this 3rd day at August,2001,before me personally carne Michael Gengter to me known,who,being by me duly sworn,did depose and say.that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described in and which executed the above instrument;that he knows the seats 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. Y•fVY�,{G� tQ�ALLKNi�WnEi,Rr • ,/,y. w ' �L / •� ��� �Y rwwl.,t#INS aif MNiOii � .�"L^�-"C,J My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Riblkawsk s,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the rev_erse hereof Is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this r d day of Jtz v20Q4 t�c►> tt , « � Continental Casualty Company 001r0+uTS National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania Ly 11, SEAL 1�fiT Mary A.Ribikawskis Assistant Secretary (Rev. 1/23/01) 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 thereto.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 aftorney-in-fact." This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 97th day of February, 9993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seat 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 seat of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any band 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 Vl­�xecutlon of Obligations and Appointment of Attorney-ln-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-€n-fact." This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 9993. "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-Lawn,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 seated 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, 9993 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,Attorneys4n-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,shalt have futt power to bind the Corporation by their signature and execration 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 97th day of February, 9993. "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 97, 9993 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 seated 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 23,2004 before me, Sandy Hanner- Nota[y Pudic Date NAME, TITLE OF OFFICER,, "JANE DOE, NOTARY PUBLIC" 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 person(a) whose name{a$ is4a=bscribed to the within instrument and acknowledged to me that hjWshe1jtW executed the same in hWher/Wst authorized capacityow, and that bytW her/#W signature(a) on the instrument the person(g), or the entity upon behalf of which the person(t acted, executed the instrument. SANDY HANNER WITNE,, Amy hand and € seal, Commission#1362157 / m� Notary Public-California '�c Loo Angeles County SIGNATURE OF NOTARY My Comm.Expires Jul 2,2006 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (_ ) INDIVIDUAL (�) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (� ) PARTNER(S) (__._) LIMITED (_} GENERAL NUMBER OF PAGES {x) ATTORNEY-IN-FACT {_ } TRUSTEE(S) ( �) GUARDIAN/CONSERVATOR {+} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S)OTHER THAN NAMED ABOVE G•107426-9 NO1d AFTER 9114104 812104 PATCO$42 8699 Tax Co'lector's Office William J.Pollacek 625 Court Street Centra County Treasurer-Tax Collector Finance wilding: Rooms 100 P,O. fox 631 �` Russett V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4922 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor r Date: 812/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract 1 MS# City T.R.A. 8699 SAN RAMON 66405 Parcel#: 222-280-001-9 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2003-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $543,900.00 This tract is not subject to a 1915 Act Bond, If subject to a 1915 Act Band, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be resented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. The subdivision may be covered by the security supplied for tract 8688 WILLIAM J. POLLACEK, Treasurer ax cal for By: ,, we hereby certify that this is a trve and correct copy of the original. (i t FIRST L:A►I�I TITLE GItARAI�ITY i~ . By. PRICNCIPAL TITLE COMPANY SURETY Shapell Industries,Inc. First American Title Co. rNa al FJM insurance ap pany of Hartford 100 N.Milpitas Blvd. .1355 Willow Way,#101 5820 Canoaa Arrenue,Suite 200 Milpitas,CA 95035 Concord,CA 94520 Woodland HiNs CA 99367 Attn: Tarn Simonson Attn..-Barbara Pinta Attn: Bond Dept. Phone.408-946-1550 Phone: 925-356-7025 818-773-2035 FATCO#787278 Bond No. 929 299 732 Tax year 2004 - 2005 Premium: $4040.00 BOND AGAINST TAXES Tract 8688, hl-2B, Gallery,Cale Manch li Parcel#222-280-001-9,222-270-001.1, 222-270-002-9 KNOW ALL MEN BY THESE PRESENTS. THAT, Shapell Industries.1pe..a Delaware coxgoration as principal and (Surety Nations!Fire Insurance Company of Hsrt#ord ,a corporation organized and existing under the laws of the State of CT ,and authorized to transact surety business in California as surety are held and firmly bound unto the County of contra costa,; State of California,in the penal sum of Fl„e Hundred`thirty Eight Thousand six Hundred and 1vXioaUollars ($538,600.00--),to be paid to said County of Contra Costa for the payment of which will and truly be made,we and each of us bind ourselves,our heirs, executors,administrators and successors,jointly and severally,firmly by these presents. Sealed with our Seals and dated this 11th day of February 2004. The conditions of the above obligation is such that WHEREAS,the above bounded principal is about to file a map entitled subdivision 8688 and covering a subdivision of a tract of land in said County of Contra CostaCosta and there are certain liens for taxes and special assessments collecteri as taxes,against the said tract of land covered by said map,which taxes and special assessrriemts collected as tastes;ire not as yet due or payable. NOW,THEREFORE,if the said Principal,shall pay all of the tastes and special assessments collected as taxes which are a lien against said tract of land covered by said map,at the time of the filing of said map of said tract,then this obligation shall be void and of no effect,otherwise it shall remain in full force and effect. Shap 11 lindustries,Inc., a Delaware corporation National Fire Insurance Company of Hartford Priv ip ert Cox, Asst. Secretary surety Pamela L. Stocks; Attorney-in-Fact r-24, Lsfi "- 4—, P iPal Robert Moore , Asst. V.P. I3C)Pa7J RIMY;# ��.�.. WID AND APPROVED CONTRA COSTA COUNTY TREAsU R COLLECTOR BY. (:rotary acknowledgment attached) POWER OF AT"'IRNEY APPODnING INDrVEDUAL ATTr%RNZY-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 aftimed hereby make,constitute and appoint Pamela L Stocks,Beverly A H414 Sandra V Hasner,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 sirnilar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof;duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 14th day of October,2003. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania AXY SEAL im Michael Gengler SVice President State of Illinois,County of Cook,ss: On this 14th day of October,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 ELIZA PRICE • 6 My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE 1,Mary A.Ribikawslds,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 j1rjj day of Febmj= 2004 OWN -S Continental Casualty Company tv—nw National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania MY 11, SEAL I3Q Mary A.R-(bikafjlds Assistant Secretary Form P6853-11/2001 State of CALIFORNIA County of LOS ANGELES On February 11, 2004 before rne, Sandy Hanner-Notary Public Date NAME,TITLE OF OFFICER.. "JANE; DOE. NOTARY PUBLIC' personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) (X) personally known to me--OR- (......-) proved to me on the basis of satisfactory evidence to be the person(Zc.) whose name(4 is/xmKsubscribed to the within instrument and acknowledged to me that klishelibey,executed:the same in bWher12X19 authorized capacityoesi , and that by l /her/4M signature(&) on the instrument the person(g), or the entity upon behalf of which the person(so acted, executed the instrument WITNESS y hand and offi ` I seal. SANDY HANNER Commission#1362157 v� =ri Notary Public-CaNfomia SIGNATURE OF NOTARY Los Anplas County My Comm.Ex*es Ju[2,2006 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DE=SCRIPTION 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 Insurarce Comoany of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G•t07t26.8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County o� ��`�"�. ( `y 1 ss. on ► before me, _ 0 VI-A, ` ',. – ' �"1 "1 Date Name ant! O t w(a4;„ Doe,N` cy PaW1 personally appeared Moc-, Nama(ay of SIV0al -finally known to me 0 proved to me on the basis of satisfactory evidence 1 to be the person(s) whose name(s) is/are subscribed to the within instrument and is A acknowledged to me that WsVe/they executed ( DENISE L CRI5TIANO the same in tris/jter/their authorized Commission# 1296216 capacity(ies), and that by ,, r/their t Notary Public -�- Ccliforrsic signature(s)on the instrument the person(s), or E Contra Costa County the entity upon behalf of which the person(s) My Comm.moires Mar 5.2DO5 acted, executed the instrument. i, WIT SS my hand and offici s t { Slgnatura ry at f OP71ONVAL ( Though the information below is not required by law,it may prove valuable to parsons 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: plumber of Pages: t Signer(s)other Than Named Above: ( Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here • Corporate officer---Trtle(s): 0 Partner—0 Limited Cl General 0 Attomey-In-Fact d Trustee • Guardian or Conservator 0 Other: s i Signer Is Representing: 1 i 01999 Nabonat Notary Assodsoom•9360 De Soto Ave„P.D.Box 2402+Chaleworlh,CA 91313.2402•wwwnatbrak*toty.org Prod.No,5907 Reorder..Q91 Tok•Pros 1.900$78.5847 Executed in Triplicate Subdivision/Tract 86901N-4,Gale Ranch 11,Parcel#222-280-00I-0 Subdivision/Tract 86881N-2B,Gate Ranch II,Parcels#222-280-001-9, CNA suRETY 222-270-001-1,222-270-002-9 Increase -Decrease Rider 7C BE ATTACHER TO and form part of Bond Number 929 299 732 issued by the National Fire Insurance CoInpapy of Hartford as Surety,on behalf of ShaI Industries,Inc- e w ti n of M I itas CA hereinafter referred to as the Principal,and In favor of QQ=of Qpntra Qsta of Martin CA hereinafter referred to as the Obligee,effective the l I th day of FebruM,2004 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the---!)thtb day of 1ebruary , 2004 ,and subject to all the terms, conditions and limitations of the attached bond,the penal sum thereof shall be and the same Is hereby increased from the sura of Five T411ndred Thitly FightIbnuvinei qir T4imAred and blallon** Dollars(.1538,600,00** � to the sum of Six Hundred Nin e d e H ndred and Noll ** Dollars( $691,100.00** ). ITIS FURTHER UNDERSTOOD and agreed#hat subject to all the terms, conditions and limitations of the,attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shag not exceed the sum of Five Hundred 11grty Eight Thousand Six Hundred and NolI00** Dollars($538:500.00** ) or for any loss occurring subsequent to said date shall not e=artd the sum of Six Hundred Ninety One Thousand One Hundred and No1100** Dollars( �69I,100.00** j In no event,however, shall the aggregate liability of the Surety exceed the Iarger of the aforamentioned$urns, it being the intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATED this 7th day of May 2004 Accepted By: County of Contra Costa Shape]]Industries,Inc.,a Delaware Corporation (Principal) 8y 8 : 1/t7't~,-t, (Seal) Truebrid ,Asst. V.P. / DATE: ���� �� _ Axe-n Cox , Asst. Sec. BOND RE-VIEWED,AND APPROVED Nacional Fat Insurance-Commy of Hartford CONTRA COSTA C€ 1UNTY Sty) TRE.r`BU COLLECTOR (Seal) BY, Pamela L.Stocks Attomay-in-fact SUR-23189-D POWER OF A'T'TORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Kuorw 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-), aro 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 Hail,Sandra V Banner,Individually of Sherman Oaks,CA,their true and.lawful Attorney(*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 Fitness 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. (f" ctytrContinental Casualty Company National Fire Insurance Company of Hartford o � rtro American Casualty Company of Reading,Pennsylvania AXY SEAL i. Michael Gengler 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. ";;;GA 1L SEAL • ELi2A PRICE • WorAW rwwa,srxra n€Ltwats Wry e"ee:""I" My Commission.Expires September 17,2005 Eliza Price Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed g tithe reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this ! h- day of May '2004 Continental Casualty Company ` National Fire Insurance Company of Hartford o°" `"'s ► ,r� a+rat , American Casualty Company of Reading,Pennsylvania ' aucr u, u SEAL on a resp �` • +i Form F6$53 Mary A.4ikajokis Assistant Secretary State of CALIFQPNIA County of LOS ANGELES On May 7, 2004 before me Sandy Hanner- Notary Public Date NAME.'TITLE OF OFFICER.,'JANE DOE,NOTARY PUBLIC- personally appeared Pamela L. Stocks NAME(S) of SIGNER(S) (x) personally known to me—OR— (—) provers to me on the basis of satisfactory evidence to be the personN) whose name(4 isi naubscribed to the within instrument and acknowledged to me that Wshe c executed the same in bis/her/l=ot authorized capacity{ , and that by 1 rWherltffW signatureo) on the instrument the person(f,), or the entity upon behalf of which the person(30 acted, executed the instrument NER SAMDY HAN WITNE41GA and and o ial seal. Commission#1352157 Notary Pubg •California RE OF NOTARY Los Angeles Count' My Comm.Expires Jul 2,2006 L OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (. } INDIVIDUAL } CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT } PARTNER(S) (.�) LIMITED {—) GENERAL { ) ATTORNEY-IN-FACT NUMBER OF PAGES {.�.) TRUSTEE(S) {_ _} GUARDIAN/CONSERVATOR {_ ) OTHER DATE OF DOCUMENT SIGNER I5 REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S)OTHER THAN FAMED ABOVE G-107426-8 S� )1 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT � State of California County of Santa Clara ?` On May 10, 2004,before me,Janice T.Kruse,Notary Public personally appeared,J.C. I Truebridge & Ken Cox personally known to me to be the persons whose names are l subscribed to the within instrument and acknowledged to me that they executed the same s� in their authorized capacity, and that by their signature on the instrument the persons, or ; 5 the entity upon behalf of which the persons acted, executed the instrument. S2 Z�j r� 3AN10E T.KRUSE 1$ Cotnn*sion# 1318697 : Notary pubie California SSS my hand and official seal. sar*a clary county Si ature of Notary Public S {t J Optional Information le Title or Type of Document: Increase/Decrease Rider- Bond#929299732 t Secret t i d A t id P Vi Capacity Claimed by Signer: Assistant Vice President ansssanary of \ l� Sha ell Industries,Inc. Z S S r SS >> ,S i1 'y �l :,S ii GENERAL PURPOSE RIDER To be attached to and form part of Bond Number 929 299 732 _effective --- February)-1,2004 issued by the _ _National Fire Insurance Company of Hartford in the amount of $691,100.00 _ — -_--- -- —_ DOLLARS, on behalf of Sl apell Industries,Inc.,a Delaware Corporation as Principal and in favor ofCounty of Contra Costa as Obligee: Now,Therefore, it is agreed that: the following tracts are included under this bond no.929 299 732: Tract 8690/N-4,Gale Ranch II,Parcel#222-280-001-0 Tract 8688/N-2B,Gale Ranch II,Parcels#222-280-001-9,222-270-001-1,222-270-002-9 Tract 8699/N-5,Gale Ranch 11,Parcel 222-280-001-9 Tract 8682/N-7,Gale Ranch 11,Parcel 222-280-001-9 BATE, . , RZI"Wxl�AND CflTRA cos r W4TY vEfl COLLRCTOR It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This rider is to be effective the --__1.Id'— day of —.__February - --20044-- Signed, sealed and dated this _ l6th---- day of August 2004_— Shapell Industries,Inc.,a Delaware Corporation f Principal) Nationale Insurance Com y of.Hartford (Suret) Pamela L.Stocks Attorney-in-Fact AU Z By:— -- -- - - ---- Accepted By: Form F5340 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(herein called"the CNA Companies"),are duty 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,lndividuall Of Sherman Oaks,California their true and lawful A#torney(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 lower 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 3rd day of August,2001. I( Continental Casualty Company Dt National Fire Insurance Company of Hartford JULY r, American Casualty Company of Reading,Pennsylvania SEAL Jim State of Illinois,County of Cook,ss: Michael Gengler Group Vice President On this 3rd day of August,2001, before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say.that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledgessame to be the act and deed of said corporations. trr•� OFFICIAL SEAL' rrrrrrrrsrarw*rarrr+►rrr , CUM MAMM NSMW rVWft*NMI*WrAft � My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney herein above set forth is stilt in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force.In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 16th day of —August , tr00 ` Continental Casualty Company tib' National Fire Insurance Company of Hartford AXY American Casualty Company of Reading,Pennsylvania v Y {' (Rev. 1/23/01) Mary A.Ribikawskis Assistant Secretary State of California County of Los Angeles On August 16 2004 before me, Sandy Hanner- Notary Public Data NAME, TITLE OF OFFICER- "JANE DOE, NOTARY PUBLIC" 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 person(x,) whose name(4 is/Amoubscribed to the within instrument and acknowledged to me that hiddshe executed the same in tdWher/ftt authorized capacityogee and that by Whert signature(s) on the instrument the person(g), or the entity upon behalf of which the person(SI) acted, executed the instrument. SANDY wITN 'S my hand official seal. MNER Commission#1362157 °eti Notary Public-California � SEC ATURE OF NOTARY Los An$el8a County . My Comm.E4 Jul Z, 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(5) ( ) GUARDIAN/CONSERVATOR (_-...} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426-8 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT Mate of California County of Fanta Clara On August 18, 2004,before me,Janice T. Kruse,Notary Public personally appeared, J.C.Truebridge & Ken Cox personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons, or 5 the entity upon behalf of which the persons acted, executed the instrument. M r us WITNESS m hand x�d official seal. Con nbsjon# 1318lr97 3' NotWV Pulb)k-Cagtornia Ck"o County, Signature of Notary Public Optional Information Title or Type of Document: General PuEpose Rider-Tract 8690/N-4. 8688/N-2B. 8699/N-5, 8682/N-7 Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of Shayell Industries,Inc.