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HomeMy WebLinkAboutMINUTES - 10172006 - C.5 Contra TO: BOARD OF SUPERVISORS 4 FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ' Costa DATE: October 17, 2006 Srq e°iK County SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Park Acceptance 04-00017 (cross-reference Subdivision 95-07984), being developed by Shapell Homes, a Division of Shapell Industries,Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for Park Acceptance 04-00017 (cross-reference Subdivision 95-07984), approving Subdivision Agreement (Right-of-Way Landscaping), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Landscape plans for Park Acceptance 04-00017 (cross-reference Subdivision 95-07984) have been reviewed and processed by Public Works staff and meet all applicable conditions of approval regarding landscape improvements. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement (Right-of-Way Landscaping)will not be approved. Continued on Attachment:_,,-' SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _PROVE _OTHER r SIGNATURES ACTION OF BO R ON COajrO ey APPROVED AS RECOMMENDED OTHER VO OF SUPER ISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LL:vz G:\EngSvc\BO\2006\10-17\PA04-0017BO-16.doc ATTESTED: �ri/oOys� / oZBU� Originator: Public Works(ES) Contact: T.Rie(313-2363) JOHN CULLEN, Clerk of the Board of cc: Public Works- Construction Current Planning,Community Development Supervisors and County Administrator T—August 17,2008(PI) Shapell Homes 100 N.Milpitas Blvd Milpitas,CA 95035 Attn:Sam Worden and Jim Gold By , Deputy National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 17, 2006 by the following vote: AYES: Uilkema,Piepho,DeSatilnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ 66�0 SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Park Acceptance 04-00017 (cross-reference Subdivision 95-07984), being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon(Dougherty Valley) area. (District III) These improvements are approximately located near Bollinger Canyon Road and Blue Heart Way. The following document was presented for Board approval this date for Park Acceptance 04-00017 (cross-reference Subdivision 95-07984), located in the San Ramon (Dougherty Valley) area. A Subdivision Agreement (Right-of-Way Landscaping) with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right-of-Way Landscaping) within two years from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right-of-way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: 1. Cash Deposit Deposit Amount: $5,200.00 Deposit made by: Shapell Homes Auditor's Deposit Permit No. and Date: 469817 August 31, 2006 r :\En I hereby certify that this is a true and correct co of an G:\EngSvc\BO\2006\IO-17\PA 04-0017 BO-16.doc Y Y PY Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: T.Ric(313-2363), cc: Public Works- Construction Supervisors on the date shown. Current Planning,Community Development �. ' T-August n,zoos(Pl) Shapell Homes ATTESTED: C040 gay loo N.Milpitas Blvd JOHN CULLEN, Clerk of the Board of Supervisors and Milpitas,CA 95035 Attn:Sam Worden and Jim Gold County Administrator National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela Stocks By , Deputy RESOLUTION NO.2006/ G SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Park Acceptance 04-00017 (cross-reference Subdivision 95-07984), being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) DATE: October 17, 2006 PAGE: 2 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929390936 September 13, 2006 Performance Amount: $519,200.00 Labor &Materials Amount: $262,200.00 Principal: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of- Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 20061 66� I ) SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and §66463) Subdivision: PA 04-0017 (x-ref Sub7984) Effective Date: Subdivider: Shapell Homes, a Division of Shapell Completion Period: 2 year Industries Inc., a Delaware Corp. THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works Director LBy: (signature) (print name&title) RECOMMENDED FOR APPROVAL: By: (signature) Engineering Services llivn (prinlname8 Ile) e, <,k I ns,�4 Sec FORM APPROVED: Victor J. Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the j improvement plans for this subdivision 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). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the 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 Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code, provide as security to the County: A. For Performance and Guarantee: $ 5.200.00 cash, plus additional security, in the amount of$519.200.00 which together total one hundred percent(1000/.)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. �I XX Acceptable corporate surety bond. f Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance underthis Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 262.200.00 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 I XX Acceptable corporate surety bond, Acceptable irrevocable letter of credit. j i With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. j .. s CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On September 14, 2006, before me, Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. JANICE T.KRUSE WITNESS my hand and official seal. Commission#159T428 to 11C Public-Californias J Santa Clara County @,, Comm.texplresAug2a,2 Sig natu e of Notary Public Optional Information Title or Type of Document: Subdivision Agreement Landscauing PA04-0017, Tract 7984 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shauell Industries. Inc. COUNTY OF CONTRA COSTA DEPOSIT PERMIT 1 OFFICE OF COUNTY AUDITOR-CONTROLLER i MARTINEZ,CALIFORNIA TO THE TREASURER: 1 RECEIVED FROM Public Works ORGANIZATION NUMBER 650 g an as on (For Cash Collection Procedures See County Administrator's Bulletii DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT Sales Tax 100300 0637 32.43 Sale of Prints 004530 9931 REV 6GO085 137.75 Sale of Prints 1, 6A0026 93.85 Sale of Plans & Specs 004500 6AO196 167.70 Corner Records 3997- 3999 000651 9660 6LO88D 40.00 Premium Billing 6LO85C j L DA 00-00005 Drainge Imp Ext 6LO76B 250.00 SD02-08688 ROWL Ext 250.00 SD98-08134 Sub Agmt Ext IF IF 250.00 MSO4-0012 Base Map Fee 004528 9931 6KO030 75.00 RA02-01137 Sub ROWL Ext 000651 9660 6LO76B 250.00 RA02=01137 Rd Imp Ext 250.00 SD06-09142 Land Plan Ck 6LO81C 484.00 SD06-09143 Land Plan Ck 1, 352.00 SD 89-07418 Plan Ck Over 6L0072 2,521.36 Notary Fee 004500 9975 1 20.00 TOTAL $ Acctng: G1203226-G1203254 DEPOSIT 255,628.19 Deposit consists of the following items Records: G1203049-G1203087 COIN and CURRENCY $ 93.90 31 Eng Svcs: G120 G120 voids G1203082, G1203083 CHECKS,M.o.,ETC. $ 255,534.29 Invoces: 912240, 912293, 912298, 912300, 912304, 912305, 912309, 912224, BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY 912321, 912325, 950589, BA'S 32722, 32831, 18988, 31026, 31139, 26862, 23994 DEPOSIT PERMIT DP 24794, 11207, 15790, 25318, 31720, 31192, 29417, 30462, NUMBER DATE ASSIGNED 46q The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. deposit into the County Treasury i Signed E _) r Date _/ I f Signed: y Signed Title: / E%TL- I DepSty Count Auditor Deputy county Treasurer COUNTY OF CONTRA COSTA �. DEPOSIT PERMIT ;r r OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA /l, a�. THE TREASURER: rzECEIVED FROM 5 Public Works ORGANIZATION NUMBER 650 (urganizationj (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT 3R4BA-06-T52 Permit 007862 9755 REV 6X4409 16.00 nd 950589 89 Farden Smith 000672 6U2504 50.00 "P06-00024 BA 32722 003520 9660 5BO51X 93.39 :106-11413 BA 32831 5BO48D 837.54 F01-00602 BA 18988 000651 61-72RP 2,249.65 6LO83A 160.92 6LO83B 90.89 P05-02077 BA 31026 003520 5B0029 802.62 P05-03086 BA 31139 5B036X 161.43 _05-20291 BA 26862 000651 6LO81F 96.89 '03-03011 BA 23994 003520 5BO36X 100.00 i '03-0023 BA 24794 5B060B 65.97 i '88-02032 BA11207 5BO60A 278.04 GI ) 98.00418 BA15790 000651 6LO84B 364,68 u li '03-00626 BA 25318 6LO83A 105.38 r h 06-00602 BA 31720 443.88 'LANATiON: TOTAL $ DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED nount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. deposit into the County Treasury .d: Date .t /. ! _ - --- Signed: Signed i'- EXT ��`f i. ' -i Deputy County Auditor �ev. (7-93) J:IYCy' 1 rJ 819800-0800: G1203056, $7,820.00, M5 04-0012, Cash Bond, Shilpa Pothare, 4410 Black Walnut Court, Concord, CA 94521 819800-0800: G1203065, $ ,200.00, DC04-O0036:' ash Bond; Shapell �-�H-ome-5.100 N. Milpitas Blvd.,—Milpitas, CA 819800-0800: G1203066, $2,400.00, SD06-09144, Cash Bond, Windemere BLC .Land Company, LLC, 6121 Bollinger Canyon Rd. #500, 5an Ramon, CA 94583 819800-0800: G1203069, $1,000.00, SD06-8930, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, 5an Ramon, CA 94583 819800-0800: G1203070, $3,300.00, 5[)06-09142, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, 5an Ramon, CA 94583 819800-0800: G1203074, $3,100.00, SD06-09143, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, 5an Ramon, CA 94583 819800-0800: G1203080, $1 ,000.00, RA05,-1193, Cash Bond, 5hopell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1203084, $5200!OQ h`apel .PA-04-0017, Cash Bond, Sl Homes;100 N. Milpitas Blvd.,.Milpitas, CA 95035 819800-0800: G1203085, $8,000.00, 5D89, 07418, Cash Bond, H & B Property Solutions, 1300 EI Camino Real, Colmo, CA 94014 0649-9665 / 112300: G1203067, $19,900.00, SD06-09144, Landscape Improvement Insp, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, 5an Ramon, CA 94583 r COUNTY OF CONTRA COSTA 'I • 4,a, DEPOSIT PERMIT ' R OFFICE OF COUNTY AUDITOR-CONTROLLER •. MARTINEZ, CALIFORNIA N ' THE TREASURER: l .i RECEIVED FROM Public Works ORGANIZATION NUMBER 650 turganization) DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT FS05-00050 BA 31192 000651 9660 REV 6L83PV 2,578.16 FS05-00033 BA 29417 1,754.03 MS05-00029 BA 30462 6L0034 1,476.16 Postage Reimb 004500 2103 SAS 999SAS 16.47 Trust Fund 819800,080A„, 37,020.00 000649 9665 197,740.00 000682 9755 3,600.00 EXPLANATION: TOTAL $ DEPOSIT C.C.: Deposit consists of the following items COIN and CURRENCY $ CHECKS, M.O., ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE V/ 10 V11 ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt or above amount is hereby acknowledged. deposit into the County Treasury ,, ., •., Signed. DateL-_h= A f j ' Signed: � \..) .,-��. � i' Signed:. Titre: I!. ;N EXT. ,1bepuly County Auditor I Deputy County Treasurer rl_'?d Rav (7-ql) J f Duplicate Original - Effective Date of Bond is August 15, 2006 PA 04-0017(x-ref 7984) Hoed rda.t 929 390 936 Premium, 13.,.8>94.,.00..__._......... Any claim undo lids Bond should Lq sent to live follc',vinaaddress: National Fire Ins.Co.of Hartford 22399F 0nmPIhnnkRnqrl-#500 IMPROVEMENT SECURITY BOND Phoenix,AZ 85016 FOR SUBDIVISION AGREEMENT For Public Right of Way Landscaping (Performance,Guarantee and Payment) (Gov.Code,§§66499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT. The Principal has executed an agreement with the County of Contra Costa(hereinafter'County')to install and pay for street,d airaga acid ogler Improvements in04-0017(x-ret 7984)as spedifed In the Subdivision Agreement,and to complete said work within the time specified for completlon in the Subdivision Agreement,all in accordance wlh State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Plop for said subdivision. Under the tans of the Subdivision Agreement,Principal is requited to furnish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers and materalmen. 2. OBLIGATION. Shapell Homes,a Division of Shapell Industries Inc.,a Delaware Corp. as Principal,and National Fire Insurance Company of Hartford ,a corporation organized arid existing under the laws of the State of IL and authorized to transact surety business in California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors, adminisitators,successors and assigns to the County of Contra Costa,California to pay it (A. Performance and Guarantee)Five Hundred Nineteen Thousand,Two Hundred and 00/100 Dollars(3 519,200.00 )for itself Or any Clhy assignee under the above Subdivision Agreement (B. Payment) Two Hundred Sooty-Two Thousand,Two Hundred and 00/100 Dollars(S 262,200.00 )to secure the claims to which reference is made in Tide 01(commencing with Section 3082)of Part4 of Division III of the Civil Code of the State of California. 3. CONDITION. This obligation is subject to the following condition. A. The condition of this obligation as to Section 2.(A)above is such that if the above bounded Principal,his or its heirs,executors,administrators, sticcessors or assigns,shall in all things stand to and abide by,and wail and truly keep and perform the covenants,conditions and provisions In the said agreement and any alteration thereof made as therein provided,on his or their 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 indemnity and save harmless the County of Contra Costa(orcity assignee),Its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain I1 full force and effect As pad of the obligation secured hereby and In addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees, including reasonable attorney s fees,incurred by the County of Contra Costa(or city assignee)In successfully enforcing such obligation,and to be tared as costs and included in any judgment rendered. 8. The condition of this obligation,as to Section 2.(B)above,Is such that said Principal and the undersigned as corporate surety are held fimily bound unto the Count/of Contra Costa and all contractors,subcontractors,laborers,materiahnen and other persons employed in the performance of the aforesaid Subdivision Agreement and referred to in Iia aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due udder the unemployment Insurance Ad with respect to this work or lator, and that the Surety vrilt pay the same In an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to hte face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,to be awarded and fixed by file court and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expresshy stipulated and agreed that this bond shallinure to the benefit of any and all persons,companies,and corporations enured to file claims under Title 15(commencing with Section 3082)of Part 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 elect. C. No change,extension of time,alteration,or addition to the terms of said Subdh4sion Agreement or thus work to be performed thereunder or any plan or specifications of said work,agreed to by the Principal and the County of Contra Costa(or city assignee)shad relieve any Surety from liability on Utis bond;and consent is hereby given I o make such change,extension of time,alteration or addition without further notice to or consent by Surety;and Surety hereby waives the provisions of Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the Principal whenever taken. SIGNEDANDSEALEDon September 13 ,2006 Shapell Homes,a Division of Shapell Industries,Inc., National Fire Insurance Company Principal: a Delaware Corporation Suretr P Y of Hartford Address: 100 N.Milpitas Blvd. Address: 2355 E.Camelback Road.Suite 500 I itas,CA Ziry.,95035 ixrAZ Zip;8501.6 1 Print Name. lZc 6 ew,+ T, iiy)0 Or C- Print Name: Pamela L.Stocks Ti'e: N&S' V. • Title: Attomey-in-Fact ^_ Prini N o Tom: {Plate;A.9 s gnatunw nnaa#e aclmovdclg d. Ex oxporotiors,tvo ofhcu„must sign. The first s`yn'ablta must be that of Lha dialffran cf pre board,preskr2nt,or vka-ynes lerl. ;v second signature mxtsl ba thatCf tho swatary,assistant swomly,chief fhandai offer,or assetart ueasucer.(Civ.Code,§1sg0 aryl Ca po.r.de,§313.)) Form App:vred tri County Cor;so IRLv.U n?.l � H#r,a)i:•.'"ai!drrh�w�cea�9Olwi-c . POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois 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 Harmer,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 15th day of August,2006. 0JAks qtr iNSIlRq 0p Continental Casualty Company National Fire Insurance Company of Hartford tw CoRPORAYe C, sAg clnlPa+arrn x American Casualty.Company of Reading,Pennsylvania a /ULY 71. OU SEAL 1897 Hui! • Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss On this 15th day of August,2006,before me personally came Thomas P.Stillman 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,an Illinois 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' . MARIA M.AEDINANolwv Public,SUM at MWOW � MY Cwnmiaion Expina 9116/09: My Commission Expires March 15,2009 Maria M. Medina Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois 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 13th dayof September 9006 GAsttq�T iNS11Bq Continental Casualty Company National Fire Insurance Company of Hartford mWOnArp dg.w�0°P017arra American Casualty Company of Reading,Pennsylvania ~ • S JULY 71. 00 SEAL. g d} < IS �a 1897 NARK dL' Mary A.qikaj@kis Assistant Secretary Form F6853-11/2001 s State of California County of Los Angeles On September 13, 2006 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(&) is/am subscribed to the within instrument and acknowledged to me that hag/she/tom executed the same in*ft/her/Hxair authorized capacity0m), and that by his/her/thew signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. R WITNESS y hand an 1 seal. omrn SAMN,a teraeoa Notory Ajwc -Cc9orrib i SIGNATIJRE OF NOTARY Loa Ar ca CWdV Cazron.f J0 2.3010 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the documen and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (—) INDIVIDUAL (_) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (_) PARTNER(S) (_) LIMITED (_) GENERAL NUMBER OF PAGES ( x ATTORNEY-IN-FACT (_) TRUSTEE(S) (—) GUARDIAN/CONSERVATOR (_) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G�107426.8 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On September 14, 2006, before me, Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. JANICE T.KRUSE TNESS my hand and official seal. sQMv:SMa:ECvv10Mra Commisdon 1597428 _ �`�r 2aryPublic•CaiBomla CourtlyAug24,2 Signat of Notary Public Optional Information Title or Type of Document: Improvement Bond 929-390-936,Tract 7984 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries, Inc.