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Home My WebLink AboutMINUTES - 11302004 - C.12 TO: BOARD OF SUPERVISORS 0,12 FROM: MAURICE M, SHIU, PUBLIC WORKS DIRECTOR DATE: November 30, 2004 SUBJECT: Approving the Drainage Improvement Agreement, DA 04-00043. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 603 for DA 04-00043, approving the Drainage Improvement Agreement,being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) FISCAL, IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): DA 04-00043 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval. CONSEQUENCES OF NEGATIVE ACTION: The Drainage Improvement Agreement will not be approved and drainage improvements will not be completed. { Continued on Attachment: SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE : .APPROVE THER SIGNATURE(SI: f ' ACTION OF BO ON NOVEMBER 30. 2004 APPROVED AS RECOMMENDED XX OTHER � ! r � f. t� I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the VOTE OF SUPERVISORS date shown. XX UNANIMOUS{ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: NOVEMBER 30, 2004 JOHN SWEETEN, Clerk of the Board of 1Y M ,y.,,,,,11 G:\GrpData\Eng5vc\BO\2004\23-30-04\DA 04-00043 Order.doc Supervisors and County Administrator Or{g.Div: Public Works(ES) Contact: Teri Ric(313-2363) cc: Public Works- T.Bell,Construction Current Planning,Community Development T—August 26,2005(P t) �s ShapellIndustries ofNorthernCalifornia $i7 , Deputy Attm:S.Worden,S.Savage J 100 N.Milpitas Blvd, Milpitas,CA 95035 National Fire Insurance Company of Harford Attn:P.Stocks 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 91357 THE, BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 30, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ SOS SUBJECT: Approval of Drainage Improvement Agreement for DA 04-00043, (cross-reference Subdivision 99-08306), being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval for DA 04-00043(cross-reference Subdivision 99-08306)property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A Drainage Improvement Agreement with Shapell Industries of Northern California, principal, whereby said principal agrees to complete all improvements, as required in said road improvement agreement,within one year from the date of said agreement. Improvements generally consist of drainage improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator. Public Works(ES) on the date Shown. Contact: Teri Rie(313-2363) Jymn G:\GrpData\FngSvc\BO\2004\11-30-04\DA04-00043 BO-15.doc ATTESTED; N�v t t u7ER J�00(� cc: Public Works-T.Bell,Construction T—AuCurrenPlanning,05(PI) JOHN JOHN SWEETEN Clerk of the Board of Supervisors and T—August 26,2005(1'1) � p Shapell Industries of Northern California County Administrator Aura:S.Worden,S.Savage 100 N.Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance Company of Harford Attn:P.Stocks 5820 Canoga Ave.,Suite 200 By 4 ,Deputy Woodland Hills,CA 91357 RESOLUTION NO.2004/603 SUBJECT: Approval of Drainage Improvement Agreement for DA 04-00043, (cross- reference Subdivision 99-08306), being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) DATE: November 30, 2004 PAGE: 2 I. Cash Bond Performance Amount: $5,800.00 Auditor's Deposit Permit No. DP 432670 Date: October 11, 2004 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 II. Surety Bond Bond Company: National Fire Insurance Company of Harford Bond Number and Date: 929299760 September 2, 2004 Performance Amount: $571,340.00 Labor&Materials Amount: $288,550.00 Principal: Shapell Industries of Northern California,a division of Shapell Industries, Inc., a Delaware Corporation NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. REESGLUT-1u& N0. 2004/603 N /�., �� I....N\. +/lam- 'V /'.,,-/.'W\'N N ,n, �. ^.� ./..n .' �--n✓' ,� /`/ /./' '/. '...✓� .. 'V/nl� i'y//„ �,J ,\. / _ /`i✓ .�V."'^r+`N'i/✓.. . .V�; ti\./n..'Vv/` ^V/./'W '. .'. . rii� ,Ni✓ .",/\./ -,-I✓'Wl'ti/./��1�%'W✓'.✓Y//\ln..v/�,_ ,✓' ) l t ( CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT 41 >; �S State of California County of Santa Clara s On September 29,2004,before me,Janice T. Kruse,Notary Public personally appeared,J.C.Truebridge& Ken Cox personally known to me to be the persons whose r> 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 then instrument the persons, or the entity upon behalf of which the persons acted, executed the s? instrument. s AWE I KRUSE � CJCt7f111SStDIt Y# 1318697 �. . ` o:�yClio •catls0mfo WITNESS my hand and official seal. Santaerra Cvwnty �r My t cxtttn. €res Aug 24,200 �. Signature of Notary Public � zs Optional Information Title or'Type of Document; Drainage Improvement Al;reement Tract 51356 > 1 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Sba„2ell Industries.Inc. l` �j i\ t �5 Sj \S 'i CtK)WY t-1t`GUNII(A WWA DEPOSIT PERMIT � ;1 CfICE OF COUNTY AUDITOR-CONTROLLER _ r� ' MARTINEZ,CALIFORNIA yJ l d TCt Tl*TREASURER: RECEPY'ED FROM � (� ORGANIZATION NUMBER ` tom) (For Cosh Colection Procedures sae Courcy Adrrmarttiirntar's Bulletin 105.) DESCRIPTION FUND/ORG SUB. TASK Ar-M AMOUNT �t >> $ 3 t--, of i�"v fy`�}�`^,} t � } i } i } } I a � �/,„ r f I :. � 0 ! ! I ZY jg E TIN: TOTAL $ ! / LOEPOSIT [ ,,".'" ! .r 4 Depositt catsists of the following items COIN aid CURRENCY S - CHECKS.MD,ETC. /r/✓ c�� f' 1' f' i'' %.�J ' I� �,f't' BANK DEPOSITS '$ ,��i f FOR Atm-CONTROLLER USE ONLY DEPOSIT PERMIT 7 f L �. ': ! 1/J CR 432670t ffi ^r, / DATE I1 4 f,. �" 3 f:' y 1''�J ,�� :..^ ,..., r.•..Y / r'� /rt. ASSIGNED The aowunt of money described above is for Treasurer' eipt of ab amount is approved. Receipt of above amount is hereby deposit into the County Tteasury. oekmWedged SO-d; TiNe '- EXT. - '� /,t^ Deputy Co Autlrlor Deputy County Treasurer D-34REV.(7-93),. 1 jo 1 f'L -f S} 828600: G1140802, $26.00, WCC ##R354168, Pb 409-153--003, Brian Wieber, 1093 Upper Valley Rd, Lafayette, Cc. 94549 8 99800- 8t O. X1140479, O£ .00 DA 0043-Civil Cash Bond, 5hapell Industries.of l larch rn California, 100 North MilpitasBlvd., Milpitas, Cc. 950335 CK#97849 0649-9665E G114O479, $29.500.00, Drainage Improvement Inspection CK#97849, 5hapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, Ca. 15035 CK#17849 COUNTY F CONTRA COSTA - GENEPAL RECEIPT G1140479 THIS COPY IS G 114 0 4 7 DEPT: _ NOT A RECEIPT DC�LtA�iS �i��•'', �.,c. FOR -rre t r`r y ties`'4 ' � q �s> �� , sz o � ' CASH ACCT. SAL. RECEIVED FROM CHECK s,+' AMT. !Jo •tft PAID MONEY BAL. jLIER DUE 3 !Tye , (057.REV.7789) �`� 8y COUNTY F CONTRA COSTA - GENER^L RECEIPT THIS COPY IS G 114 0 4 7 9 DEPT: ' r - .•+LC100 — NOT A RECEIPT 3°. f?, '.f'"..,f< 1 'a'r.,, .f,. r r+:t4 ,�',: „�i`: ,t.y :.„ r'r..j'°✓��-`° {./ i a f.�•• �, "-. t 4:,G:.. Js` C�6 AR5 { ? r J`y r'I �i ' ? ;L °j `M i`^t rr { f �dpJi1 ?f af ✓dl � . FOR � � GASH ACCT. BAL. RECEIVED FROM CHECK PAIDf • c ("�Y'�'�$� .v 1�"s5�j«+.—l'�#�.. 1 `�'.. �+�i�' � +,_.fi- � _ 'T K�-^1 ��➢T,5'3 ( MONEY BAL. s 4 R DUE • i (057,REV.7/83) Development No: DA-0043 Gale Ranch III Bond: 929 299 760 Premium: $4 ,285. 00 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance&maintenance,AND labor and materials) Shapell Industries of Northern California,A Division of Shapell Industries 1. OBLIGATION: Inc.,A Delaware Corporation (Principal), as Principal,and National Fire Insurance Company of Hartford (S },a corporation organized and existing under the laws of the State of CT and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally bind ourselves, our heirs,executors,administrators,successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance,&Maintenance: Five Hundred Seventy One Thousand Three Hundred No1100** B. ($ 571.3210.00*** ) for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus C. Labor&Materials: Two Hundred Eighty Eight Thousand Five Hundred Fifty No/100** {$Zll8, (►.00** )for the benefit of persons protected under Title 15 § et seq.of the California Civil Code. 2. RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and other improvements in DA-0043 Gale Ranch III as specified in the Drainage Improvements Agreement, and to complete said work within the time specified in the Drainage Improvement Agreement for completion, all in accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for DA-0043,Gale Ranch III 3. CONDITION: If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County,then this obligation as to Section I-(A)above shall become null and void,except that the guarantee of maintenance continues for the one-year period;and if principal fully pays the contractors,subcontractors,and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section I-(B)above shall become null and void;otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the county shall relieve any surety from liability on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety;and the Surety hereby waives the provision of California Civil Code§2819,and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond,Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgement. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A)above is such that if above bounded Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by County(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered, B. The condition of this obligation as to Section 2.(B)above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors, laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or Iabor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount herein above set forth,and also in case suit is brought upon this bond,Will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the Judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of fart 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond;and consent is hereby given to snake such alteration without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without regard to and independently of any action against Principal Whenever taken. SIGNED AND SEALED on September 2,2004 PRINCIPAL Shapell Industries of Northern California, SURI;Ty National Fire Insurance Company of Hartford a Division of Sha_peil Industries,Inc.,a DelawareCorp. By r .- m By Pamela L.Stocks,Attorney-in-Fact 13y� $`V ��r ✓' 5 fi� s Address 5820 Canoga Avenue,Suite 200 Woodland Hills,CA 91357 Address 100 N.Milpitas Blvd.,Milpitas,CA 95035 ' G tGrpi)atalEn�SvctFonnslSN WORIMN-10b.doc RaJ.�eptember2.`20'J4 >S . S� )S <s s CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT s State of California County of Santa Clara On September 10,2004, before mer Janice T. muse,Notary Public personally appeared >� J.C. Truebridge and Bennie Rice Mann,known to me to be the person whose name is �s subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument,the person or the entity upon behalf of which the person acted, executed the instrument. rWCE T ltRust s twasz►mrs# 131$697 WITNESS any hand and official seal. t4otory Public-caiitornio Santo Clara County S tyfy Comm.Expirea Aub 24.2 04 / JL4 p'£ Sigr*ture of Notary Public ' z s5 Optional Information ` s Title or Type of Document: 'Security Band- Drainage-DA-0043 Gale Ranch III Capacity Claimed by Signer: Assistant Vice President and Assistant Secre#aryof > Shaped Industriesinc. � st �> �5 S� �t it 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 seals herein affixed hereby make,constitute and appoint Pamela L.Stocks,Beverly A.Hall,Sandra V.Hanner,Individual! Of Sherman Oaks,California their true and lawful Attorney(syln-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 3rd day of August,2001. 0Continental Casualty Company B00'�+urit r National Fire Insurance Company of Hartford IW.Y 71, ° s American Casualty Company of Reading,Pennsylvania 1 LOW tool Michael Gengler Group Vice President State of Illinois,County of Cook,ss: 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 seas 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 sold corporations. 10MCIAL Sm. WOtFhtift ft"at MtNtis �pM11�it•tf7+Xit • �rd'�✓''w'`"�,,,,,_ �.s.....w.swaH►,►aw•a•� My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Ribikawskis.Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney hereinabove 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 rearse hereof is still in force. In testimony whereof I have hereunto subscribed my ?Mrd affixed the seal of the said corporations this Ind day of Septembera d Continental Casualty Company _ National Fire insurance Company of Hartford • Y xr, American Casualty Company of Reading,Pennsylvania SEAL tir � r9ot trlrt7 • �." �Gi' v (Rev. 1/23/01) Mary A.Ribikawskis Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attomeys-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 attorney-in-fact," This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the 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 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 fo€low€ng By-Law duly adopted by the Board of Directors of the Company. "Article Vk--Execution of Obligations and Appointment of Attorney-In-Fad Section 2.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seat of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and 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 duty 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,Attomeys-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 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seat 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 Califomia . County of Los Angels On September 2,2t}04 before me, Sam Hanner- 10 aary Public Date NAME, TITLE OF OFFICER., "JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) ( ) personally known to me-OR- (._._) proved to me on the basis of satisfactory evidence to be the person(g) whose name(if is/Antsubscribed to the within Instrument and acknowledged to me that WshelkW executed the same In mu/her/#'mitt authorized capacityoee, and that by l /her/"W signatureo) on the instrument the person($), or the entity upon behalf of which the person(s{} acted, executed the Instrument. _ WITNE my hand and oofftc meal. SANDY HANKER 1 Commission#t 1362167 rl wBtCV4tUtE OFNOTARY M� Notary Public-California Los Angel6s County My Gomm.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 ( ) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) ( ®) GUARDIAN/CONSERVATOR ( .� } OTHER GATE OF DOCUMENT SIGNER 19 REPRESENTING: NAME OF PERSON(5) OR ENTITY(IES) National Fire Insurance Company, of Hartford - SIGNER(S) OTHER THAN NAMED ABOVE G-W7426-0 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 (collectivdly 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 Fi.rdmen's Insurance Company of Newark, NJ, and The Continental Insurance Company. D-IS-C-LOSVIB.B OF �'REivr�Ult�r The prorniurn attributable to coverage for terrorist acts certified under the,Act was Zero Dollars ($0.00). 21SC LtI� SUR,_E OF FEDERAL PARUCLEAT N PADONT OF TE EOR LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F73%0