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HomeMy WebLinkAboutMINUTES - 02142006 - C.11 f't , TO: BOARD OF SUPERVISORS Ce FROM: MAURICE M. SH1U, PUBLIC WORKS DIRECTOR ' DATE: February 14, 2006 SUBJECT: Approving the Road Improvement Agreement for South Monarch Road, RA 03-01154 (cross- reference Subdivision 99-08306),being developed by Shapell Industries of Northern California, a Division of Shapell Industries Inc., San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ 68 for RA 03-'01154 (cross-reference Subdivision 99-08306), approving the Road Improvement Agreement for South Monarch Road, for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries Inc., San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): RA 03-01154 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding road improvements. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement will not be approved. CIA-vj- Continued on Attachment: ! SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BO 7 ON V' /46 1P =ZAZ44 APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct VO�F SUPERVISORS copy of an action taken and entered on the UNANIMOUS(ABSENT �6---) minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: Originator: Public Works(ES) ATTESTED:re6;"At1*..'Ar -a0ep Contact: Teri Ric(313-2363) LL:rni JOHN SWEETEN, Cle�l f the Board of G:\G rpData\EngSvc\BO\2006\02-14\RA 03-01154 BOA 5.doc cc: Public Works-Construction Supervisors and County Administrator Current Planning,Community Development T–8/14/06 Shapell Homes 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:Sam Worden By , Deputy National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamel L.Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 14, 2006,by the following vote: AYES: Uilkema,Piepho,DeSaidnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Approving the Road Improvement Agreement for South Monarch Road, RA 03- 01154 (cross-reference Subdivision 99-08306), being developed by Shapell Industries of Northern California, a Division of Shapell Industries Inc., San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval for South Monarch Road, road acceptance file RA 03-01154 (cross-reference Subdivision 99-08306) property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A Road Improvement Agreement with Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,principal,whereby said principal agrees to complete all improvements,as required in said road improvement agreement, within two years from the date of said agreement. Improvements generally consist of road 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 Ric(313-2363) LL:rrn G:\GrpDataTn Works-Construction 03-01154 BO-15.doc ATTESTED'_ cc: Public Works-Construction Current Planning,Community Development JOHN SWEETEN, Clerk of thof3oard of Supervisors and T—8/14/06 Shapell Homes County Administrator 100 N.Milpitas Blvd. Milpitas,CA 95035 Atm:Sam Worden National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 By ,Deputy Phoenix,AZ 85016 Atm:Pamel L.Stocks RESOLUTION NO.2006/ 8 SUBJECT: Approving the Road Improvement Agreement for South Monarch Road, RA 03- 01154 (cross-reference Subdivision 99-08306),being developed by Shapell Industries of Northern California, a Division of Shapell Industries Inc., San Ramon(Dougherty Valley) area. (District III) DATE: February 14, 2006 PAGE: 2 I. Cash Bond Performance Amount: $22,300.00 Auditor's Deposit Permit No. DP 444047 Date: May 9, 2005 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 H. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929348491 April 19, 2005 Performance Amount: $2,209,100.00 Labor&Materials Amount: $1,115,700.00 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc. NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 20061 4W ROAD IMPROVEMENT AGREEMENT Developer: Shapell Industries of Northern California,A Division of Effective Date: T.B.D 4 Shapell Industries,Inc. Completion Period: '��Y'year Development: RA 1154(x-ref SUB 8 06) Road: South Monarch THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director By. (signature) (print name&tide) RECOMMENDED FOR APPROVAL Kt_�LLt;4 By: (signature) ' Eng0e tng S ices Division (print name&lit e) IVe4N/ `r FORM APPROVED: Victor J.Westman,County Counsel l`,rVCrL'' 1l (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must confonu with the designated representative groups pursuant to Corporations Code S313.) I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Developer, mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements (hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of die County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall;pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 22300.00 cash,plus additional security,in the amount of$ 2,209.100.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 1.115,700.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S944.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-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. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. l ! i The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. 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,Developer 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 work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officers,agents,and employees. B. The Iia ilities 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 the 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. a C. The actions causingliability iability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared, supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory incorporated as a city or is annexed to an existing city,the 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 Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RLkw \\PWS4\SI-IARDATA\GrpData\EngSvc\Fonns\AG WORMAG-24.doc Rev.April 6,2000 1� N N CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On April 25, 2005, 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 the entity upon behalf of which the persons acted, executed the instrument. JANICE T.KRUSE ;Sign NESS my hand d official seal. Commission# 1318697 z @my Notary Public-CaliforniaSanta Cloro County Comm.Expires Aug 24,Zoos ture of Notary Public Optional Information Title or Type of Document: Road Improvement Agreement RA 1154, Tract 8306 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries, Inc. COUNTY OF CONTRA . OSTA �V r DEPOSIT:PERMIT f N ' kAOFFICE OF GOIiNTY AUDITOR-CONTROLLER MARTINEZ;CALIFORNIA TC�.r1E REASURER: RECEIVED'FROM _ ORGANIZATION NUMBER ( am) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. dvl leAlIr.If RIF(1 a1' le, F,r,Ir, 9P X T GaCaly S/ ,7111kd Loecw xe leo { I. 5 :100 i EXPLANATION: TOTAL DEPOSIT Deposit consists of the following items C NaO nd CURRENCY $ -. `�- • Y/� METC. $/ iy�,'I.r FOR-AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DA EBENU � �( t ASSIGNE E The amount of money described above:is for Treasurer's.receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. 'Signed: fN.� d ;f i�rJ1`�Go Date ♦ gt Signed: ISCd f' Title:, EXT —�—Deputy County AuditorDeputy`County.Treasurer -34 REV.(7-93) 0 �$ J 0649-9665 / 831000: 61160239, $103,900.00, Road Acceptance Inspection,Deposit, RA 1154, Shapell Industries, 100 North Milpitas Blvd., Milpitas, Ca 95035 0649-9665 / 831000: G1160240, $500.00, Record of Survey Deposit, R52709, Humann Co. Inc., 1021 Brown Ave., Lafayette, Ca. 94549 0649-9665 / 831000: 61106241, $500.0 0, Record of Survey Deposit, RS3004, DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, Co. 94526 0649-9665 / 831000: 61106242, $500.00, Record of Survey Deposit, RS3005, D. Murphy, 36 Mirko Ln., Walnut Creek, Ca. 94596 0649-9665 / 831000: 61106243, $500.00, Record of Survey, RS3006, 2003 Lien Family Trust/Martinus Lien, PO Box 132, Clayton, CA 94517 8198-0800: 61160239, $22,300.00 RA1154, (civil) Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., Milpitas, Co. 95035 8198-0800: 61161303, $2,225.00, SUB7535, Cash Bond, Lioness, Inc., 151 Sand Creek Rd., Suites F-G, Brentwood, Ca. 94513 4 f i S • • y Bond No.: 929 348 491 Development: RA 1154 (x-rcf SUB 8306) Premium: $16,568.00 Gale Ranch III IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance,Guarantee,and Payment) (California Government Code §§ 66499-66499.10) .1. RECITAL OF ROAD IMPROVLMEN'r AGRF,EMENT: Tlie Developer(Principal) leas executed an agreement (Road Improvement Agreement) with (lie County to install and pay for street, drainage and other improvements on,or along South Monarch Road to complete said work within the time specified for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings. 2. OBLIGATION: ShanelI Industries of Northern California.A Division of Shapell Industries,Inc..as Principal and o H�artTord�re Insurance Company a corporation organized under the laws of the State of CT and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: Two Million Two Hundred Nine Thousand One Hundred and 00/100 Dollars($ 2.209,100.00 ) for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: One Miilion One Hunched Fifteen Thousand Seven Hundred and 00/100 Dollars ($ 1,115,700.00 )to secure the claims to which reference is made in Title 15§§ et seq. of'the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal, or principal's heirs,executors,administrators,successors or assigns,sliall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said m agreement and any alteration thereof ade as therein provided on it 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 sllall indemnify and save harmless the County of Contra Costa or city assignee,its officers,agents and employees,as therein stipulated,then this obligation.sliall become 11111 and void; otherwise it sllall be and remain in frill force and effect. ` •' � t i f.. r As part 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 (2:13.) 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,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned 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 successftilly 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 tine benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be filly 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 Road Improvement Agreement or any plan or specification ofsaid work agreed to by the Principal and the County shall relieve the Surety from liability on 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 California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against Principal whenever taken. d. SIGNED AND SEALED: The undersigned executed this document OIl April 19,2005 Shapell Industries of Northern California, PRINCIPAL,: A Division of Shapell Industries,Inc. SURETY: National Fire Insurance Company of Hartford Address: 100 N. Milpitas Blvd. Address: 2355 E.Camelback Road,Suite 500 City: Milpitas,CA 95035 City: Phoeni AZ 85016 13y: By: � Print Name: L �n�/G/3/ziD �V� Print Name: Pamela L.Stocks "Title: �/L �J�rY7 Title: Attorney-in-Fact By: Print Nanne:,[� diC Title: • C. _ 311W G:KigiDmall ngS�clJotms\Bh WORDU3MAm rtCv-,�Jtpntl5 20Q5 1 4kuthorizing By-Laws and Resolutiot ADOPTED BY THE BOARD OF DIRECTORS OR CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 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 seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 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 seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 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 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." POWER OF AWRNEY APPOINTING INDIVIDUAL ATVNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 16th day of April,2004. CA's 04SUR4 �vANYap Continental Casualty Company National Fire Insurance Company of Hartford Z OOPPORArp �",Nccavc�rF American Casualty Company of Reading,Pennsylvania D $ JULY 71, Ci) SEAL te97 MARI* • Michael Gengler SenVice President State of Illinois,County of Cook,ss: On this 16th day of April,2004,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 • NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:OSM7106 My Commission Expires September 17,2006 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 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 19th day of April 2005 CASUg4 %NSUR,gA, roe Continental Casualty Company �°°` National Fire Insurance Company of Hartford ' CORPORATES%vcoaPcaar American Casualty Company of Reading,Pennsylvania 0 $ JULY 71, U SEAL 1897 NARSF • Mary A.R ika kis Assistant Secretary Form F6853-11/2001 State of Califomia County of Los Angeles On April 19,2005 before me. Sandy Hanner-Notary Public oate NAME. TITLE OF OFFICER.. 'JANE OOE. 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(s) whose name(s) is/*m subscribed to the within instrument and acknowledged to me that he/she/t#>ft executed the same in*is/her/Nzeir authorized capacity(ims), and that by kia/her/Wa# signature(s) on the instrument the person(f), or the entity up n behalf of which the person(%:) acted, executed the instrument. WITNESS y hand an rcial seal. SANDY HANNER • w Commission#1362157 -r Notary Public-California _ SIGNATURE OF NOTARY Los Angeles County -MykQomm-Expires.Juh2., OPTIONAL r.)..1 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 Comoany of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 0.107!26.9 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company,Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On April 25, 2005,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 the entity upon behalf of which the persons acted, executed the instrument. JANICE L KRUSE Commission# 1318697 WITNESS my hand and official seal. m Notary Public-California 'r Santa Clara County My Comm.Expires Aug 24.2("5 Si ature of Notary Public Optional Information Title or Type of Document: Improvement Security Bond- RA 1154, Tract 8306 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries, Inc.