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HomeMy WebLinkAboutMINUTES - 01042005 - C10-C14 TO: BOARD OF SUPERVISORS , FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: January 4, 2005 SUBJECT: Accepting completion of warranty Period for faithful performance for Development Permit 99- 03037. SPECIFIC REQUEST(S)OR RECOMIMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 20051 20 for Development Permit 99-03037,accepting completion of warranty period for faithful performance, for project being developed by Price Self Storage, Walnut Creek area. (District II) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The improvements have met the guarantee performance standards for the warranty period following completion and acceptance. CONSEQUENCES OF NEGATIVE ACTION: The billing account will not be closed and liquidated and un-used deposits will not be refunded to the developer. Continued on Attachment:— SIGNATURE:o --- r: s —RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE APPROVE .,PTHER a SIGNATURE S '...._: ACTION OF BOr"ON JANUARY 04 2005APPROVED AS RECOMMENDED xx OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF suPERvtsoRs minutes of the Board of Supervisors on the xx Udate shown.NANA40US(ABSENT IV ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: JANUARY 04, 2005 JD:= JOHN SWEETEN, Clerk of the Board of G:\G'pData\EngSvc\BO\2005\O1-04\DP 99-03037 Ordendoc Supervisors and County Administrator Orig.Div: Public Works(ES) Contgcr: Frank Navarro (313-2264) T.D.529-88-2504 cc: Public Works -NL Valdez,M&T Lab T.Bell,Construction •J.Dowling,Engineering Services B V ' Deputy Current Planning,Community Development J Price Self Storage £126 Saranap Avenue Walnut Creek,CA 94595 Mee Self Storage 11828 Rancho Bernado Road,#210 San Diego,CA 92128 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 4, 2005 by the following vote: AYES: SUPERVISORS GIOIAI PIEPHO, GLOVER AND UILKEMA NOES: NONE ABSENT: SUPERVISOR MARK DESAULNIER ABSTAIN: NONE RESOLUTION NO. 2005/20 SUBJECT: Accepting completion of warranty period for faithful performance, Development Permit 9903037, Walnut Creek area. (District II) On December 9, 2003, this Board resolved that the improvements in DP 99-03037 were completed and now on the recommendation of the Public Warks Director, The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the periodd following completion and acceptance. BE IT FURTHER RESOLVED that the warranty period has been completed. JD.rzn I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\80\2005\01-04\DP 99-03037 B0-60.doc action talon and entered on the minutes of the Board of Originator- Public Works{ES} Supervisors on the date shown. Contact: Frank Navarro(313-2264) I.D.529-88-2504 cc: Public Works -M.Valdez,lvl&T Lab JANUARY 04, 2005 T.Bell,Construction ATTESTED: -J.Dowling,Engineering Services JOHN SWEETEN, Clerk of the Board of Supervisors Current Planning,Community Development Price Self Storage and County Administrator 1126 Saranap Avenue Walnut Creek,CA 94595 Price Self Storage 11828 Rancho 8ernado Road,#210 $ �Deputy San Diego,CA 92128 y a RESOLUTION NO.2005/ 20 TO: BOARD OF SUPERVISORS /1 J FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: January 4, 2005 SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance for Road Acceptance 0001101. SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND ANIS JUSTIFICATION RECOMMENDATIONN: ADOPT Resolution No. 2005/ 21 for Road Acceptance 00-01101,accepting completion ofwarranty period and release of cash deposit for faithful performance, for project being developed by SummerHill Stone Valley, Ltd. Alamo area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The improvements have met the guarantee performance standards for the warranty period following completion and acceptance. CONSEQUENCES OF NEGATIVE ACTION: The developer will not receive their cash deposit refund or have their performance surety exonerated as guaranteed by the road improvement agreement. Continued on Attachment: SIGNATURE: r'�°" ''°t RECOMMENDATION OF COUNTY ADMINISTRATOR � c RECOMMENDATION OF BOARD COMMITTEE ,SIGNATURE(S): :—A-"RiiODyVE OTHER SIGNA URE y r C":'. +? y ACTION OF BOARD ON JANUARY 04, 2005 APPROVED AS RECOMMENDED XX OTHER 4v.. 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 XX UNANIMOUS(ABSENT IV date shown.) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: JANUARY 04, 2005 TD,,,, JOHN SWEETEN, Clerk of the Board of G:1GrpData\EngSvr%BOt2005\41-04\RA 00-01101 Order.doc Supervisors and County Administrator Brig.Dlv: Public Works(ES) Contact: Frank Navarro(313-2264) cc: Public Works -M.Valdez,M&T Lab T.Bell,ng,Engineer -T.Dowling,Engineering Services Current Planning,Community Development By Deputy SummerFIill Stone Valley Ltd. Yp 777 Calttoroia Avenue Ir Palo Alto,CA 94304 Arnerican Motorists Insurance Co. 7470 North Figuroa Los Angeles,CA 90041 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 4,2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, GLOVER AND UILKEMA NOES: NONE ABSENT: SUPERVISOR MARK DESAUI..NIER.. ABSTAIN: NONE RESOLUTION NO. 2005/ 21 SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Road Acceptance 00-01101, Alamo area. (District III) On April 1,2003,this Board resolved that the improvements in Road Acceptance 00-01101 were completed as provided in the Road Improvement Agreement with SuinmerHill Stone Valley Ltd., and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance.NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to refund the $4,174.00 cash deposit(Auditor's Deposit Permit No. 347544,dated March 29,2000)plus interest to SummerHill Stone Valley Ltd.,in accordance with Government Code Section 53079(if appropriate),Ordinance Code Section 94-4.406, and the subdivision agreement. BE IT FURTHER RESOLVED that the warranty period has been completed and the Road Improvement Agreement and performance surety for$61,983.90,bond No.3SM98223600,issued by American Motorists Insurance Co., are exonerated. JD:rm I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\BO\2005\01-04\RA 00-0 110 1 130-60.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: Frank Navarro(313-2264) I.D.770517258 M. Public Works M.Valdez,M&T Lab T.Bell,Construction ATTESTED: JANUARY 04, 2005 J.Dowling,Engineering services JOHN SWEETEN, Clerk of the Board of Supervisors Current Planning,Community Development SummerHiil Stone Valley Ltd. and County Administrator 777 California Avenue Palo Alto,CA 94304 American Motorists Insurance Co. 7470 North Figuroa Las Angeles,CA 90041 By '"� , Deputy RESOLUTION NO.2o05/ 21 TO: BOARD OF SUPERVISORS FROM: MAUR.ICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: January 4, 2005 SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance for Subdivision 96-08016. SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION{S): ADOPT Resolution No. 20051 22 for Subdivision 96-08016, accepting completion of warranty period and release of cash deposit for faithful performance, for project being developed by SummerHill Stone Valley, Ltd. Alamo area, (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION{S): The improvements have met the guarantee performance standards for the warranty period following completion and acceptance. CONSEQUENCES OF NEGATIVE ACTION: The developer will not receive their cash deposit refund or have their performance surety exonerated as guaranteed by the subdivision agreement. Continued on Attachment: SIGNATURE: 77 OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE _APPROVE OTHER SIGNATUUS): ACTION OF T3QA ON _,...JANUARY 04� 20!Q5 APPROVED AS RECOMMENDED 2ix 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 XX UNANIMOUS(ABSENT IV ) date Shown. AYES: _ NOES: ABSENT: ABSTAIN: ATTESTED: JANUARY 04, 2005 Mrm JOHN SWEETEN, Clerk of the Board of G.\GrpData\EngSvc\BO\200nol-04\SD 96.OH016 order.doc Supervisors and County Administrator Orlg.Div: Public Works(ES) Contact: Frank Navarro(313-2264) cc: Public Works -M.Valdez,M&T Lab -T.Bell,Construction - J.Dowling,Engr m-ffig Services Current Planning,Community Development By "" Deputy Su:mn erHill Stone Valley Ltd. 777 California Avenue Palo Aho,CA 943,04 American Motorists Insurance Co. 7470 North Figuroa Los Angeles,CA 9004; THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 4, 2005 by the following vote: AYES: SUPERVISOR GIOIA, PIEPHO, GLOVER AND UILKEMA NOES: NONE ABSENT. SUPERVISOR MARK DESAULNIER ABSTAIN: NONE RESOLUTION NO. 2005/ 22 SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Subdivision 96-08016, Alamo area. (District 111) On September 9,2003,this Board resolved that the improvements in Subdivision 96-480116 were completed as provided in the Subdivision Agreement with Summerhill Stone Valley Ltd.,and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the ,guaranteed performance standards for the period following completion and acceptance.NOW THEREFORE BE IT RESOLVED that the Public Forks Director is AUTHORIZED to refund the $13,367.04 cash deposit(Auditor's Deposit Kermit No.0347544,dated March 29,2004)plus interest to SummerHill Stone Valley Ltd.,in accordance with Government Code Section 53079(if appropriate),Ordinance Code Section 94-4.406, and the subdivision agreement. BE IT FURTHER. RESOLVED that the warranty period has been completed and the Subdivision Agreement and performance surety for$1.98,499.50,bond No.3SM98223800,issued by American Motorists Insurance Co., are exonerated. 3D:rm 1 hereby certify that this is a true and correct copy of an o:\crpData\EngSvc\B0'1005\0I-04\SD 96-08016 BO-60.aoe action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: Frank Navarro(313-2264) i.D.770517258 Cc: Public Works M.Valdez,M&T Lab JANUARY 04, 2005 T.Bell,Construction. ATTESTED. J.Dowling,Engineering services JOHN SWEETEN, Clerk of the Board of Supervisors Current Planning,Community Development 3urnmerHill Stone Valley Ltd. and County Administrator 777 California Avenue Palo Alto,CA 94304 American Motorists Insurance Co. 7470 North FCA 9 By - , Deputy Las Angeles,CA 90041 RESOLUTION NO.2003/ 22 TO: BOARD OF SUPERVISORS r� FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: January 4, 2005 SUBJECT: Accepting completion of warranty period for right-of-way landscaping improvements and release of cash deposit for faithful performance for Subdivision 96-08023. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS): ADOPT Resolution No. 2005/ 23 for Subdivision 96-08023,accepting completion of warranty period for right- of--way landscaping improvements and release of cash deposit for faithful performance, being developed by Hofmann Land Development Company, Byron area. {District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATIONS): The improvements have satifactorily met the guaranteed performance standards for the warranty period. CONSEQUENCES OF NEGATIVE ACTION: The improvements will not be maintained by the County. Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE -APPROVE ,;�OTHER SIGNATUREfS1 r� ACTION OF BPAAD ON JANUARY 04 e 2005 APPROVED AS RECOMMENDED XX 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 XX UNANIMOUS(ABSENT' IV ) date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: JANUARY 04, 2005 KD.rm JOHN SWEETEN, Clerk of the Board of G:\GrpDataTngSvc'�BO12005103-04tSD 96-08023 Order.doe Supervisors and County Administrator Orig.Dlv: Public Works(ES) Y Contact: Frank Navarro(313-2264) cc: Public Works -M.Valdez,M&T Lab -T.Hell,Construction -K.Dahl,Engineering Services - SpecialDistricts By. Deputy Current Planning,Community Development Holman.Land Development Company 1380 Galaxy Way Concord,CA 94520 The American Insurance Company 777 San Marin Drive Novato,CA 94998 THE BOARD OF SUPERVISORS OF CONTRA. COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 4, 2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, GLOVER AND UILKEMA NOES: NONE ABSENT: SUPERVISOR MARK DESAULNIER ABSTAIN: NONE RESOLUTION NO. ZOOS/ 23 SUBJECT: Accepting completion of warranty period for right-of-way landscaping improvements and release of cash deposit for faithful performance, Subdivision 96-08023, Byron area. (District III) On September 9,2003,this Board resolved that the right-cif-way landscaping improvements in Subdivision 96-08023 were completed as provided in the Right-of-Way Landscaping Agreement with Hofinann Land Development Company and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance.NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to refund the $1,700.00 cash deposit(Auditor's Deposit Permit No.371353,dated July 11,2001)plus interest in accordance with Government Code Section 53079 (if appropriate), Ordinance Code Section 94-4.406, and the subdivision agreement. BE IT FURTHER RESOLVED that the warranty period has been completed and the Right- of-Way Landscaping Agreement and surety bund are exonerated. xD:rm I hereby certify that this is a true and correct co of an G:\GrpData\EngSvc\f3Q\2fl05\01-04\SD 96-0$023 BO-60.doc y y 13}, Originator: Public Works(Bs) action taken and entered on the minutes of the Board of Contact: Drank Navarro(313-2264) Fed 68-0419482 1�SU ervisors on the date Shown. Fed I.D.I.D State F.D.C2118258 cc: Public Works M.Valdez,M&T Lab -T.Bell,Construction K.Dahl,Engineering services ATTESTED: JANUARY 049 2005 Special Districts JOHN SWEETEN Clerk of the Board of Supervisors Current Planning,Community Development � p Hofmann Land Development Company and County Administrator 1380 Galaxy Way Concord,CA 94520 The American Insurance Company 777 San Marin Drive Novato,CA 94998 By '' , Deputy RESOLUTION NO.2005/ 23 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: January 4, 2005 SUBJECT: Approving the Second Extension of the Right-of-Way Landscaping Agreement for Subdivision 98-08254. SPECIFIC REQUEST(S)OR RECOMMENDATIONS}&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 20051 24 for Subdivision 98-08254,approving the second extension ofthe Subdivision Agreement(Right-of-Way Landscaping),for project being developed by Shapell Industries of-,Northern California, San Ramon(Daugherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROi.TND/REASUNLS) FOR RECOMMENDATION(S): The original Right-of-Way Landscaping Agreement has expired, therefore the developer is requesting a second extension. CONSEQUENCES OF NEGATIVE ACTION: With the Agreement expired, the warranty and maintenance period obligation Will be difficult to enforce Without extending the original Right-of-Way Landscaping Agreement. Continued on Attachment:_ SIGNATURE: i 11-Al --i—,RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE _APkOVE OTHER SIGNAT RES ACTION OF BOAR, ON _1AN Mff 04 2005 APPROVED AS RECOMMENDED XX OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORSminutes of the Board of Supervisors on the Xx UNANIMOUS{ABSENT IV ) date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: Jt�U 04, 2005 G:\GrpData�EngSvc1BD12005,0I-^4\3D 97-08254Order.doc JOHN SWEETEN, Clerk of the Board of Orlg.Div: Public Works(ES) Supervisors and County Administrator Contact, Teri Ric(313-2363) ca: Public Works—T.Bell,Construction Current Planning,Community Development T—Juno-17,2005 �y SBapetl Industries Gold, ihern Caiifnrnia B , Deputy Attn:I.Gold,,S S Wordrn 'YT W" 100 N.Milpitas Blvd. J Milpitas.,CA.95035 Atr=cat Casualty Company of Reading,PA Atm:Passu L.Stocks 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 91367 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on January 4, 2005 by the following vete: AYES: SUPERVISORS GIOIA, PIEPHO, GLOVER AND UILKEMA NOES: NONE ABSENT: SUPERVISOR DARK DESAULNIER ABSTAIN: NONE RESOLUTION NO. 2005/ 24 SUBJECT: Approve the Second Extension of the Right-of Way Landscaping Agreement for Subdivision 98-08254, San Ramon(Dougherty Valley) area. (District IIT) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Right-of-Way Landscaping Agreement between Shapell Industries of Northern California and the County for construction of certain improvements in Subdivision 98-08254, in the San Ramon(Dougherty Valley) area, through August 17,2005; r APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: September, 2004 ♦ REASON FOR EXTENSION: The Agreement expired during warranty period. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an ,Y:rrn action taken and entered on the minutes of the Board of G:kGil>Data\EttgSvc\BCI,2005\02-04\SD 47-08254 BO-1).doc Supervisors on the date shown. Originator: Public Works(ES) Contact: T.Rie(313-2363) ATTESTED: JANUARY 44, 2005 M. Public Works—T.Bell,Construction Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and T—June 17,2005 County Administrator Shapell Industries ofleorthern California Attn:I Gold,S Warden 100 N,Milpitas Blvd. Milpitas,CA 950.35 American Casualty Company of Reading,PA By ,Deputy A2tn:Parris.L.Stocks 5820 Canoga Ave.,Suite 200 Woodland Dills,CA 92367 RESOLUTION NO.2005/ 24 CONTRA COSTA COUNTY RIGHT-OF-WAY LANDSCAPE AGREEMENT EXTENSION Development Number: Subdivision 8254 Developer: Shaped Industries of Northern Ca. I Original Agreement Date: August 17,1999 Second Extension New'Termination late: August 17,2045 i Improvement Security Surety: American Casualty Co.of Reading,PA Bond No.(Date): 190723728(July 27,1999) Security Type Securitv Amount { Cash: $6,379.04(1% cash,$1,000 Min.) Bond: $94,730.00(Performance) $315,750.00(Labor&Material) The Developer and the Surety desire this.Agreement to be extended through the above date;and Contra Costa County and.said Surety hereby ajtV re fn acknowledge same. Dated: Dated: September 7,2004 Shapell industries of Northern California,a Division of Shapell industries,Inc. FOR CONTRA COSTA COUNTY By: Maurice M.$hiu,Public Wor Dirc _ Dev#-'s Sigrsature(s) By: • __ �' f+ wig j?,12-,115 Prints # ,, B RECOMIvMNDED ' Ply. �l y' Developer's Signature(s) By: a (Engineerintxes v °on) Printed 100 N.Milpitas Blvd.,Milpitas,CA 15435 Address (NOTE. Developer"s, .Sureiyv.v and Financial American Casualty Company of Reading,PA Xrntitution s Signatures must he Notarized.) Surety or Financial institution afNt3t AY1"R{}y5b:1'is4x..Nss'asasCoarery Lob%+CS 5820 Canoga Avenue,Suite 200,Woodland Bills,CA 11367 Jnr Jnnrovrrd Xgtrrru rn Clerk a{the-Board Attorney in Tracts Signature Pamela L.Stocks Printed 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.Hall,Sandra V.Hanner,Individual of Sherman Oaks,California their true and lawful Attiomey{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 some 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. 01 Continental Casualty Company oowokft National Fire insurance Company of Hartford • American Casualty Company of Reading,Pennsylvania sF� >> i, t l!!i7 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 duty 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 seats 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. frrrsrrrrrr.rrrrrrr.rr.rrrs. OPFMCIAL IWAL` i a WWI VW14ghost UII, • �^ -�~ � �1 siPtTd0'i r ►+sa+rr+►i,r+rrr�+rrrra�` 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 still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the rsyer�e hereof is still in force. In testimony whereof I haw hereunto subscribed my name and affixed the seal of the said corporations this `tn day of eptem�ter 2004 . ryi" "itr Via• �• Continental Casualty Company Natlonial Fire Insurance Company of Hartford A American Casualty Company of Reading,Permylvants SEAL � xs s. silex (Rev.1/23101) Mary A.Rlblkawskis Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX- xecurtlon 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 seat 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 seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seat shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and seated 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 duty adopted by the Board of Directors of the Company. "Article Vi- xecutlon of Obligations and Appointment of Att yon-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 attomeys-in-fact,subject to the limitations set forth in their respective certificates of authority,shalt 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 Croup 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 Croup Vice President and the seat 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 pourer 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 fallowing Resolution duly adopted on February 17, 1593 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 seat of the Corporation thereto.The President,an Executive Vice President,any Senior or Croup Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in•Fact.' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adapted by this Surd cf 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 seat shall be valid and binding on the Corporation.Any such power so executed and seated and certified by certificate so executed and sealed,shay: 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 September 7,2004 before me, Sandy 11anner - 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(a) whose name(4 ishAffisubscribed to the within instrument and acknowledged to me that b*she/kW executed the same in tdWher/talt authorized capacityoae, and that by illwherlftw signature(s) on the instrument the person(g), or the entity upon behalf of which the person(31 acted, executed the instrument. �i fi A WITNE S my hand and oftial seal. SANL7YHANNER Commission#1362167 Notary Public-California i'l SIGNXrIJRE OF NOTARY Los AngeI68 County 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 farm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL (. _) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ( } PARTNER(S) (r} LIMITED { _} GENERAL { ) ATTORNEY-IN-FACT NUMBER OF PAGES {�.) TRUSTEE(S) (� } GUARDIAN/CONSERVATOR (__} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Casualty Company of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE G-107426-8 ..'W\.'\-^✓!/V/Vni/�"v"W.N\� 'L�,'w'./Vv/4'/WuvV^\ �.��.'V�`V'i^'.,. /, i V V;\,N�.;.�,., ✓.�...V.iW/\Fv�'iw'W`✓W.M,v//V///+N>(\(J l CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT zz State of Californian County of Santa Clara ' On September 10,2004, before me,Janice T. Kruse, Notary Public personally appeared J.C. Truebridge and Ronnie Rice Mann,known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same >> in her authorized capacity, and that by her signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument. ;z AWCE t uius-:71 s� Cptrs�ssksn# t 31 < Ncjtasy PubNc coutorniu WITNESS my hand and official seal. <> ;? 5pMa Ciaer County tyCc�nurt. AW24,2tX#a Signature of Notary Public Optional Information �z Title or Type of Document: Right of Way Landscape Agreement Extension,Tract 8254 >t Z Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shayell Industries. Inc. l� <j 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. D1 LQSURB 4F MMU—M The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). TITSCT=03—URE OF FE ERAL R T N I P E ft RI a LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Fon P7310