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RESOLUTIONS - 01012003 - 2003-132
t THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 25,2003,by the fallowing vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE" RESOLUTION NO.2003/132 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8669,being developed by Brookfield Ambridge LLC, San Ramon (Dougherty Valley) area. (District IIl) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8669,property located in the San Ramon(Dougherty Valley)area,Supervisorial District III,said map having been certified by the proper officials. H. Subdivision Agreement A subdivision agreement with Brookfield Ambridge LLC,principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: 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 LT:cw on the date shown. 0-,\GirpDu%Wa$Svc\80\2003�2-25-03�SLM 8669 SQ-2l.doc Ortgtaatorc Public works Contact. Teri Ric(313-2363) ATTESTED: FEBRUARY 25, 2003 c" Public ` `°-T.Bell, ity Develop—t JOHN SWEETEN,Clerk of the Board of Supervisors and T-12-29.43 County Administrator Brookfield Ambridge LLC Daniel R..Moose 5960 isglewood Ihim Suite 244 AmMican Casualty ConVany ofR-dm&Pem]sylvsnia By ,Deputy Virginia Copland CMA Plaza,13 Son& Cbicago,IL 68685 RESOLUTION NO.2003/ 132 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8669, being developed by Brookfield Ambridge LLC, San Ramon(Dougherty "alley) area. (District III) DATE: February 25,2003 PAGE 2 A. Cash Bund Performance amount: $9,300.00 Auditor's Deposit Permit No. 399708 Date: January 30,2003 Submitted by: Brookfield Ambridge LLC Tax ID Number: 33-0984-930 B. Surety Bond Bond Company: American Casualty Company of Reading,Pennsylvania Band Number: 58608914 Date: January 31, 2003 Performance Amount: $918,500.00 Labor&Materials Amount: $463,900.00 Principal: Brookfield Ambridge LLC III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2002-2003 tax lien has been paid in Null and the 2003-2004 tax lien,which became alien on the first 'day of January 2003, is estimated to be $475,800.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: American Casualty Company of Reading,Pennsylvania Bond Number: 58606856 Date: January 27,2003 Amount: $475,800.00 Principal: Brookfield Ambridge LLC NOW,THEREFORE,THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/132 X . J&A Ali . � =r, � . i r� � i cal fie w M i caw s till �j PIS o 15, Jill �, 11�V t-�� L p '�- Ilia, N VA ,big 12 wit lot rj Via T.--s ; tail ti I it � . ,tom W! *4,s I Ot t rp S 16W Ai o w � 4 t % rA • L +s vrrrt ` A - �E�kv� 5*A Cot OP F;ni-; �wllk�www��� `'A�}in•'i+ot �w-M'l 7 � `Y �1 Mn�w i!IN�A+AI"� ieanrw el[stSij"r y E.tiM +i�fG�filCsGMi�k. Cw �{E s _ X y �f~'(�� - ���.r Mk�id tM } orf �•M fv t"103122:321: mill klm 211 luda7l OWE 25c02IL t-: e1 1 2 yv fi w, . s= Rol w•r5i-- fez I I w CIL' - SVAs A lmm i k 1 i -------- 141 t 1 I { 4t7 i 1 r i U3, A/ ch SRR --®m 21JW �7, � f A NSI Ai,lf'.fZSBMI— r S 1 wt P it s 1 3t l _ i3" t ►► — -- w41'. - *31ta IALICAWN 3NYl AfriYS 4 M-i L33 is311d t f � I l .ZrK_`Zukt£,f&9GlF— y� w ........ .............. 1 IT... r+ kicam r ,y j KK r,tIt'ttt � At.tf,fZ.�tA Wi TWAUY 4 4r f s w s { l 1 t t T.. er _ ' 1 R -, i y jyRlRiE���II k +r a Ow 04 wo�.toEl n /y7 �M riw4► � �..T...1 Ri '�.';,1,�.V. . .,A!:.i w�rR..1✓/t'�.i p.�*4 io H rf'.w1 p,iU"f;�r►; 'irwrw'��'raiiiior`ir:'.'".: loll VL� wowii�iwmwl now 01 :r�r,+r.►ri.��w.iw►iR�.t+wir�`rilRrrir.iii�w R d NIGH I ego w vv�w�x � } 1 F 6$►iaKN 1 !� ,OG 9i ,MlaS5Rd1N � 7d �� } } } } ffir' s 3NV1 AOAYS .l i ___________� . �- AYM ,90 {eiln,ca.�#.cwl c� 3SINSdYiYH �{zr urc hrss)s►}a0 xiecx N-s+} d�r� r.. K. 3'13 N Y .r r l �r F :r r + M 4 r wow 'A Ito iA ��� "Ti r'li,'f►�1,' �; AIA I '�*41 �.�*�,��i+`'�'�;;r'sf+�i`��iM��,�'" 11 T" TY id����*rii�4 �� v- Tt Ok M r SUBDMSION AGREEMENT (Government Code§66462 and§66463) Subdivision: SUB 8669( Principal: Brookfield Ambridge LLC Effective Date: q Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director _ nn By: C%" ` ` "M,' ..a {si�stwe} ►"" TC GOtb1 i i . •(Pr3rtt name ale) RECOMMENDED OR PROVAL " j By: (s96n ) Engineering Servi ivision {-zein nye tittey"fat kit 9.- tKAXOJIR u IC--O FORM APPROVED: Victor J.Westman,County Counsel {NOTE: All signatma to be acknowledged.10rincips)is inoorporated,signatures nwst conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned Principal mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road improv«nents(both public and private),drainage improvements,signs,street lights, fire hydrants, lan�ping and such other improvements (including appurtenant equipment)as required by the Conditions of Approval for this development and generally as shown on the 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). Principal 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 mariner,in accordance with accepted construction practices and in a mariner 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,Principal shall,pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: S 9,300.00 cash,plus additional security,in the amount:S 918,300.00 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,Principal guarantees performance under this agreement and maintenance of the work for one yea after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. Fox Payment; Security in the amount:S 463,9900.00 ,which is fifty percent(500%)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,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount held as securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to private improvements,which are not to be accepted by the County. 5. PLANT ESTABLISHMENT WORK. Principal 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(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal 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 subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes may be necessary to the plans 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 Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special districts,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this .Agreement and attributable to Principal,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 subdivision,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: Principal shall pay when due,all the costs of the work,including all costs incurred by the County for services provided.This cost may include,but are not limited to:inspection,administration,engineering,construction and relocation of existing utilities. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract„overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit, bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Principal,who shall fulfill all the tarns of this agreement as though Principal had contracted with the city originally.The provisions of paragraph 8(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. 14. RIGHT OF ENTRY. Principal hereby consents to entry on the subdivision property and any other property affected by the Improvement Plans by County and County forces,including contractors,as may be necessary to ensure complete construction and/or maintenance. xz.:m:marcw G:H3rpDVA\Rng1v®SPomw\AG w4RMAG-30.doc RW,Xhee 23,2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of � �( tl -- -- OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On"� ,before me, rL• Thouthe data below,doing so mh statute does not ay prove Invaluire the uable tto o !n personally appeared) dKm t &^ * � K, `•1+W .. persons relying on the document. © INDIVIDUAL a pamonally known to me-OR-0 proved tome on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)Warn subscribed to the within instrument and acknowledged to me that 4aWwIthey executed 0 PARTNER(S) 0 LIMITED the same in hiathar/their authorized O GENERAL DEE3l A . LEVINE capacity(ics),and that by hiogw/their p ATTORNEY-IN-FACT q COMM.#1218097 signatuse(s)on the instrument the person(s)or ❑ TRUSTEE(S) NOTARY PUBLIC-CALIFORNIA 0 the entity upon behalf of which the person(s) O G,UARDIANICONSERVATOR 2 ALAMEDA COUNTY 0 acted,executed the instrument. 0 OTHER: COMM.EXP.MAY 3,20M 'f` WITNESS my hand and official seal, /`�" SIGNER,IS REPRESENTING: (NAME OP nMON(S)OR EN MYOW)f 510NATURb OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signers)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signFa Exic-fly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the propFRy must 57c RsWeil. III. SIGNATURES FOR PARTNERSHIPS - Signing parry must be either a general partner or be authorized in writing to have Me a0ffi-o-fity too sign for ana bm—d the partnershliip. IV. SIGNATURES FOR CORPORATIONS acumen sou signs y fWo-officers,one from each of the following two groups: GROW 1. {a)The Chair of the Board ({b})The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secretary C The Chief Financial C3fficer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person st g the Instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will safe. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: .and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." rC:nm (rAe 2nsSveTmT&1w0RD FORMs1ALL PUR M NOTARY.dw COUNTY OF CONTRA COSTA f 1 DEPOSIT PERMIT d` lCE OF COUNTY AUDITOR-CONTROLLER MARTliEZ,CALIFORNIA TO THE TREASURER: RECEIVED FROM ORGANIZATION NUMBER .— .— {fit (Por Cash Collection Procedures sea County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG• ACCT. TASK OPTION ACTIVITY AMOUNT f C c Li i , t, Lao E LAU U. EXPLANATION: / _ TOTAL d V DEPOSIT ' Deposit consists of the follcWiAg items CURRENCY $ M,O ETC. $ o BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP } j '� - < NUMBER V 0. * ``3 l DATE ASSIGNED 33 Tire amount of money ibed above is far Treasurer's receipt of above amount#s �alpt of abore amount Is hereby deposit into County Tjury. Signed fY Dater l 1 Signed- Do" igned:qty } 004 Deputy County Treasurer, Titled 2ff&ZJZLEXT D-34 KV.17 931 J Prz i COUNTY OF CONTRA COSTA !' l c - DEPOSIT PERMIT �_)FICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASUREk: MARTINEZ,CALIFORNIA RECEIVED FROM ,� J" ORGANIZATION NUMBER ice) o 1, (For Gash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ? - f �I l I r l ' ! t W. ! I I i I t 1 E i 1 . E 1 I ! ! t ! I ! EXPLANATION:, TOTAL S . DEPOSIT Deposit consists of the folowing items CCi and CURRENCY $ C � _ $ BANK DEPOSITS , FOR AUDITOR-CONTROLLER USE ONLY PERMIT T DEPOSI D ct� NUMBEDATE 1 ', ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is oppwnd. Receipt of above omaunt is hereby deposit into the County Troasur} f} acknowledged Si Date Signed: Y, Title' .[. EXT. aun' Deputy Go Treoat»er D-34 REV.(7-93) l l I , (1 U 11 U U 4 . 1 '1+ 1 2 - 4 5 + f 20u UU + 6. • 5 0 1 C)U UU + .� 1 4 6 1 i 63 33 U • * )'; 1 4 6 1 + 1 �4 � « �� 6 l>+' 7 � �W0 UL) * i � UJti Ui.) + 1 � ltJi) Crit + 1 1 3 . 3 3 9x200 UU+ 0 ): 1 1 3 . 3 3 + 4d332d . t)U+ 5 0 • U 6 — (',dip C,, <; : • r; i ' 2 5 o 6 3 • 3 3 # ` d V// Dot 0,)-7 U • =F �. 0 V cam,c� o a * 1 U « 00+ 1 1 • UU.f + 9 .2t' � • :.iJ } 3 4 20+ 1b&-a, - 7 0 25 U . U9+ U « 0014. 54 « l3* 0 « ,� 000682-9752 / 819200: G1109344, $2.500.00, Vacations 2 Ardmore Road Kensington (0676-6Qi868), Lloyd I. & Susanne Hoeber Rudolph, 2 Ardmore Road, Berkeley, CA 94707 000649-9665 / 831000: 61109018, The City of Orinda, Box 2000, Orinda, CA 94563 500.0 0, R5 2739 Record of Survey Map Check Fee 500.00, RS 2740 Record of Survey Map Check Fee 000649-9665 / 831000: G1109019, $500.00, RS 2751 Record of Survey Map Check Fee, Nancy E. Rothermich, 1630 North Main Street, PMR 441, Walnut Creek, CA 94596 004649-9665 / 831000: G1109022, $45,250.00, SUB 8669 Major Subdivision Civil Inspection, Brookfield Ambridge LLC, 5960 Inglewood Drive, Suite 200, Pleasanton, CA 94588 000649-9665 / 831000: G1109023, J9,200.00, RA 1130 Landscape Inspection Road Acceptance, Brookfield Ambridge LLC, 5960 Inglewood Drive, Suite 200, Pleasanton, CA 94588 000649-9665 / 831000: G1109026, $14,702.00, LP 01-2061 Improvement Plan Check, St. Anne's Parish, 2995 Taylor Lane, Suite #5, Byron, CA 94514 000649-9665 / 831000: G1109027, Torsten &Tineke Jacobsen, 777 Northgate Road, Walnut Creek, CA 94598 $1,575.00, MS 4-96 Map Check Deposit $4,841.00, MS 4-96 Inspection Deposit 819800-0800: G1109024, $1,100.00, RA 1130 Landscape Cash Bond, Brookfield Ambridge LLC, 5960 Inglewood Drive, Suite 200, Pleasanton, CA 94588 819800-0800: 'G1109025 $9-300.00, SUB 8669 Major Subdivision CQA Performance Bond, Brookfield Ambridge LLC, 5960 Inglewood Drive, Suite 200, Pleasanton, CA 94588 Subdivision. SUB 8669 Bond No.: 58608914 IMYR©VF,MMNT SBCURMBOND FOR SUBDIMSION AGREENUM (Performance, Guarantee and Payment) . (California Government Code §§ 66499-66499.10) 1. WITAL Op SUBDIVISION A(;REMMMT: The developer.(princspal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8669 , as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. ". OBLIGATION., Brookfield Ambridge LLC as principal and merican Casualty Cg=AUX or Re diusz Pennsylvania , a corporation organized and- existing ndexistiing under the laws of the State of Illinois : and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee.- Nine Hundred Eighteen Thousand Five Hundred and 00/100 Dollars )for Contra Costa County or any city assignee under the above County Subdivision Agreement. R. payment: Four Hundred Six Three Thousand Nine Hundred and 001140 Dollars (S 463 900.00 to secure the claims to which reference is made in Title XV (commencing with Section 3482) of Part 4 of Division III 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 Haat if the above bonded printsipal, or principal's heirs,executors,administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thomf made 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 shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers,agents and employees,as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and a ffevct. As part of the obligation seccrr+ed hereby and in addition to the face amount specified therefore,there shall be included reasonable costs, expenses and fees, including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B.- The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers,material men and other persons employed in the performance of the aforesaid subdivision 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 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 successfuully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 30182) 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 work under conditions of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra.Costa(or city assignee)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 bouxad without regard to and independently of any action against the principal whenever taken. ' SIGNED AND SEALED on January 31 2003 PRINCIPAL' Brookfield Ambridge LLC SURETY: American Casualty Company of 5960) Inglewood Drive Suite 200 Reading, Pennsylvania Address: 8 Address: CNA 'Plaza- 13 South City: Plemcanton Zip: 9+588 City: Chiqggo, IL Z 68685 By: / By: Print Name: ��� (�-• �; Printw., Virgi 'a Copland Title: �— � Title: Attorney-in-Fact 3D:ti,sw:ltga O.1.GxpD%1&\ SVyOVvnW\9N WoRMSN.12.doe Rev.]op{ury 21,2003 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY4N-FACT Know All Men By These Presents,That Continental Casualty Company,an iiffrols corporation,National Fire Insurance Company c Hartford,a Connecticut corporation,and American casualty Company of reading,Pennsylvania,a Pennsylvania corporation(herein calf "the CNA Companies"),are duly organized and existing corporations having their principal offices In the City of Chicago,and state of Illin, and that they'do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint David Slade Joan Cummins Derek Shanks Virginia Copland,Individually of London Ontario their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature ---In Unlimited Amounts— and to bind them-thereby as futfy and to the game extent as If such Instruments were signed by a duly authorized officer of their corporation and all the acts of said Attorney.pursuant to the authority hereby given is hereby ratified and confinrmed. This tower of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on them nwww hereof,duly adopted,as Indicated,by the Boards of Directors of the corporations, In Witness Whereat,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seats i be hereto affixed on this 29th day of January.2002. Continental Casualty Company National iiro Instranew Company of Hartford American Casually Company of ResdIM Pennsylvania - tesrr MkhaolW&W Grow.We Pneraotdertt State of Illinois,County of Cook,as., on this 29th day of January,2002.bemfdre mepersonally came Michael Marr to me krgxm who,be1rq bynnws atrneMrt;,did and say.that he resides In the City of Chicago.State of 1111ricAw.that he Is a GrrbW Vibe Peesldeni;ofCbwjemc;�a�y.:ah Wriois corporation.Netkmeei Fire insuararice"Company of"artfor+d.a Con h corporation,and Arnetan Casualty Company.of Pennsylvania,a PerinsyW nis !Wn described In and which exemited the dbc»e ktehmrw t;that he krow#f ret . of ttraaicb corporations, that the seals afftorar#to the amid tmnrth +tBig st itt Corporat s+eAb,tit#tier w+ sect" pe��stratn ttTEhtrritE!nk�ri by t c Dkociois of#WdWrporedons mid tint he'a I'**)e their e*purstwdm tat We aertlt r,minor acitnowli m"iC#be �itad dod.W saldomporadom logs, 000-0- *OFFICIAL SEAL' DIANE FAULKNER Notary I'uErlk.State of glfnois MY =miaiae►l"arpirss 4f 77/05moo -. My Commission Expires September 17.2005 Diane Faulkner Notary public CERTIFICATE 1,Mary A. Rlboikawskis,Assistant Secretary of Continental Casualty company,an Illinois corporation.National f=ire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Permylvanla,a Pennsylvania corporation do hereby cert! that the Power of Attorney herein above set forth Is II In force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on a hereof Is s In force.to testimony whereof I have hereunto subscribed my nameand affixed the seat of the said corporations this day of mit Continental Casualty Company dWO" F� National Fire Insurance Company of Hartford American Casualty Company of Reading.Pennsylvania AXY It. SEAL foment Mary A.Ribikawskis Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the folkxwing 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 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 Cha€rman of the Board of Directors,the President side It or any given Executive, Senior i or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously 9 e y y- This Power of Attorney Is signed and sealed by facsimile under and by the authority of the.following Resolution adopted by the Board o 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 W 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 blooding on the Company.Any such power so . executed and sealed and certified by Certificate so executed and sealed shalt,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 Pourer of Attorney is made and executed pursuant to and by authority of the following By.Law d Directors of the Company. rr�r adopted by the Board of "Artfcie Vi-- Reaction of obligations and Arppolrrtmomof, p Section 2.Appointment of Attorney-€n-fact.The Ch airngan of the Board of Dire ,;the pro jr arty;pwcuW*.Senior or Group Vice President may,from time to time,appoint by written attorn ..irr-fitibr i t t#re t the execution of policies,of Insurance,bonds,undertakings and other obligattityr of"nature. the limitations set forth In their respective certificates of authority,shalt have fup Strc�'fby thrYey ign g e atrtt�ect to execution of any such instruments and to attach the seat of the any# p The president or an i,�ore Gand roup Vic President may at any time revoke all power and authority previously given to any fact.* � This Power of attorney is signed and sealed by facsimiles under and by the authority of the following Resolution adapted by the Board of Dkectora of the Company at a meeting duly called and held on the 1 7th day of February,1953. `Resolved,that the signature of the President or any Execullm Senior or Group,Vine President and 00 affil`of this Cexn y may be raid,by facsimile on any power of attorney granted pursuant to S+action 2 of Article V1 of t!}e Iryi�rvaat.a "' a�irratc�,+�t� S ' or an'Assktert and ttua of.the any power or certificate bearing such fbmitrrge s to O*Ay slx:h +erf 8mci. signature and asci st l bd + t Cue y�:" tSf erudt pow , executed and sealed and certified by certificate so executed and sealed shall,with respect to bond or inking tC+'.Whlrrh 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.Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature.Such Attomey-in-Fact,subjectto the I€rrtltatiorts set forth in their respective certificates of authority,Shall haus 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 Presklent,any Senior or Group Vices President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-€n-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 Hoard 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 seat shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall ,x,rth rAcnr:ct to anv bond or undertaking to which it is attached,continue to be valid and binding on the Corporation.' Title of Document - Bond #58608914 ACKNOWLEDGEMENT OF CORPORATE SURETY Province of Ontario County of Middlesex , to wit: j On, January 31, 2003 before me, Notary Public, personally appeared, Virginia Copland, Attorney-in-Fact for American asualty Company of Reading, Pennsylvania, personally known to me to be the person(s)whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person(s) acted, executed the instrument. WITNESS my hand and seal. Signature Notary P lc My Commission Expires de-la� All This area for official seal G:\Data\Copland\Word\Bonds\Arnerican Cas.Co.of Reading,PN-Bonds\Acknowledgement for Bond.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENT State of California ss. County of pe . On a 13103 before me, L\j t rlt f I Dale p Name antl Tide of Ofter(e.4.,`Jars Doe,Notary Pubtie) personally appeared lC l - O% Names)of Sovga) ;Ppersonaily known to me ❑ proved to me on the basis of satisfactory evidence DEBRA L. LEVINE g {) COMM.81218097to be the person(* whose nameW Is/a+e- • NOTARY PUBLIC-CALIFORNIAW subscribed to the within Instrument and ALAMEDA COUNTY 0 COMM.Exp.MAY 3,2003 acknowledged to me that he/sAeAhey executed the same In hls/hsr lf� authorized i capacity(les}, and that by his/fe0he9r t signature(q�on the Instrument the person(s)r or the entity upon behalf of which the person* acted, executed the Instrument. WITNESS my hand and official seal ( Signature of Notary Putft OPTIONAL Though the Information below is not required by law,It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 1 Description of Attached Document Title or Type of Document: 1 06& At Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator • Other: << Signer Is Representing: e 0/889 Nabonaf Notary Autadekon•9360 De Sot Ave.,P.O.Sox 2W2•Cha6twoftl+,CA 41313.2402•www.nam*mftry.org Prod.No.6407 Re~Cal Toll-Roe 1.800.87 2) 1/14103 FATCO$42 8669 Tax Collector's Office William J.PolFacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.O.Box 631 (�" Russell V.Watts P.0. o California 94553- Costa Chief Deputy Treasurer-Tac Collector (925 County nor 0063 646-4122 Joslyn Mitchel! (925)646.4135 FAX Tax Operations Supervisor Date: 1/14/2003 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract I M3# CltY T.R.A. 8669 SAN RAMON 66383 Parcel#: 223-100.014-8 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2002-2003 tax lien has been paid in full. Our estimate of the 2003-2004 tax lien, which became a lien on the first day of January, 2003 is $476,800.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prier to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax Collector By: � e � --� Bond No. 58606856 t MINCIPAL TI'T'LE COMPANY SY7 r� FindAroerkan rMe Co. American Casualty Company of DrooiCtteld AnbrW8e 1355 WRlow WaY,#101 Reading, Pennsylvania 59mo IngL-wood Dr.02M Concord,Ca 94510 CNA Plaza, 13 South Flessantoo,CA 94588 At na Darbam qtr+ Chicago, Illinois 68685 Atte: Das MOM Phone: 913.356.742.5 F1N*V : '4LS.4(.3-ZLOO FATCOP 632600 10 le ar 2003/204 BOND AGAMITAM . KNOW ALL MEN BY THM PRESENTS: THAT, Brookfield Mnbri ae_t r , ts�a*e Iamited Liability Comgar y as principal and(Surety}American Casualty C2Mpapy of RpaAjng, P$^" ,..�^ . a corporation organized and existing,under the laws of the State of Illinois and authorized to transact surety business in California as surety ace held and firmly bound unto the County of Contra Costa,State of California,in the penal gum of-EW seventykVadnd ve thousollars($1 9 8tld,00 ,to be paid to said County of Conga Casts_ _, for the payment of which will and truly be made, we;and each of as bind ourselves, our heirs,executors, administrators and successors, jointly and severally, firmly by these presents. Sealed with our Seals and dated this Z7L,h _ —day of ,7 nU ry The conditions of the above obligation is such that TAS,the above bounded principal is about to file a map entitled Thr+ j�� and coveuing a subdivision of a tract of land in said County of Contra CoetA and there are certain liens for taxes and special assessments collected as taxes,against the said tract of land covered by said map,which taxes and special assessments collected as taxes, are not as'yet due or payable. NOW,THEREFORE, if the said PdneinsI shall pay all of the taxes and special assessments collected as taxes which are a lion against said tract of land covered by said map, at the time'of the filing of said map of said tract, then this obligation shall be'void and of no effect, otherwise it shall remain in full force and effect. Broolcl7Msld Ambridge.,LLC,a Delaware Limited Liability Company BY- Principal Surery Virginia Copland (Attorney-in-Fact) (notary ackmowledgrnont attached) DATE: �► �,G`� BOND REVIEWED AND APPROVED CON jl�* TA TRE LECTORLl HYD POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Pira Insurance company c Hartford, a Connecticut corporation, and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein call ,the CNA Companies"),are duly organized and existing corporations having their principal office In the City of Chicago,and State of Illin and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint David Slade,Joan Cummi s Derek Shanks Vir inia Copland,individuals of London Ontario their true and lawful Attorney(syin-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 autho►lzed officer of their rxxporatior 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 revarw hereof,duly adapted,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 be hereto affixed on this 29th day of January,2002. rhea` Continental Company.10 rr National Fire Casualty perWofHwifard American Casualty Company of ResdirV.Pyhrarnla AW State of Illinois,County of Cook,ss; P.Vice Pnssiefent on this 29th day of January,,2002,before me~plarsonaItyf came hild"GsnWW 10 mb*Kw^wdxk by 1100 dt>ry'swam did depose and say:that he raskles In the City of Chicago,State of IlifnoW,that he Is a GkW Vice Preaik w*0f trpjty.0Com4eriyf.an Iltinala corporation.National Mrs Insurance company of Hartford.a Connecticut corpor dk^and American casualty cbrnpainyr'of Pennsylvania.a Psnnsyi t corporation described In atnd which executed the abo y e IrtibumeM that he►.l�Itio stir cnf �tbns that the scales~to the sold huy#nalt am surly to seals:tliert they yrOM sra` #ICr, bar tom` of Dirers of said rotporaafts end that he slonW l is srVW010 purttuentto ekeaoofty#and be +a< t+tsl deed o said corporations: "OFFICIAL SEAL' , DIANE .Skits Pu Notary tolicSkirts of Illinois Aly==n==tJi x'!05 { --- -- - - ----- - My Commission Expires September 17,2005 Diane Faulkner Notary ;(; CERTIFICATE 1,Mary A.Rlbikawskts,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading.Pennsyivanla,a Pennsyjvania 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 rev„ge hereof is stil in force. In testimony whereof I have hereunto subscribed .IC,. my name and affixed the seal of the said corporations this d day of of Continental Casualty Company y , ra►+�rr National Fire insurance Company of Hartford teaz td American Casualty Company of Reading,Pennsylvania JUtY at. r tJ SEAL s a 78#7 �'"� Mary A.Ribikawskis Assistant Secretary Authorizing Bit-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 Beard of Directors of the Company. "Article IX—Execution of Documents Section 3.Appointment of Anomey-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-€n-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 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 sealed by facsimile under and by the authority of the following Resolution adopted by the Board o 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-taws.and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any cerrtiticate 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 Atton-my is made and executed pursuant to and by authority of the fallowing By--Lawduly adopted by the Board of Directors of the Company. "Articis v#-�uijion of OboUndons and Appolntr wnt of Ntar Section 2.Appointmertt of Attorrwy-lri-fact.The Chairman of the Board of Directorg..ft F i tt txr.; Wlv+e.Senior or Group Vice president may.from time to time,appoint by written certificates aaomeya-tn-fact I'ac�trt iqf the Company in the execution of policies,of Insurance,bonds,undertakings and other obligetory Instrunwift of like netw&0cK''atttr n1 ys4n-fact,subject to the limitations set forth In their respective ceritficates of authority.shall have U pbWer to bind thii Company by their sigh ab m end execution of any such instruments and to attach th&seat of the Company thersto.The President or any Executive,Senior or Group Vice President may at any time revoke ail power and authority previously given to any attorney fact." This power of Attorney is signed.mid sealed by facsimile under arra by the authority of the toil wving R880kdlOn adopted by the Board of Directors of the Company at a meeting duty corned and held on the 17th day of February.i dpi. "Resohr+ed,that the signets"of the President or any Execully%Senior or Group Vice president and the'iseel of ttrp Compenyy may be arftbced by facsimile on any power of p to Section 2 of Article 1t(k of the RY4Aws.artt0he$*,W ft of to Seer+ ry or art D istant=_ anti OW of.the Corftisrny may be,W to of y arx�t mer errul any power or certificate bearing such fac lmittt s0witum arxt seal sttirrl!be va�d` °on 04t`.oriiipar�+r Att+jM rl po�+V{er°str, executed and sealed and certified by certificate so ed and sealed shall,with r sped to any band or urxtertaidng it-is, , attached,continue to be valid and binding on the Company." ADOP'T'ED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duty adopted on February 17. 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-in-Fad to act in behalf of the Corporation in the execution of policies of insurance. bonds,undertakings and other obligatory Instruments of like nature.Such Attomey-trrFact,subject to the limitations set forth in their respective certificates of authority,shalt 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 Attomey-in-Fact." This Power of Attorney is signed end sealed by facsimile under and by the authority of the following Resolution adapted by the Burd 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 V€ce 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 ,.,i+h rc?�,nPCt to anv bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." Title of Document - Bond #58606856 ACKNOWLEDGEMENT OF CORPORATE SURETY Province of Ontario County of Middlesex , to wit: On, January 27. 2003 before me, 62a tdw /7 Notary Public, personally appeared, Virginia Copland, Attorney-in-Fact for American asualty Company of Reading, Pennsylvania, personally known to me to be the person(s)whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person(s) acted, executed the instrument. WITNESS my hand and seal. Signature Notary P c 4a My Commission Expires V !t? "q This area for official seal G:\Data\Copland\Word\sonds\Amedcan Cas.Co.of Reading,PN-Bonds\Acknowledgement for Bond.doc NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA }ss COUNTY OF Alatt On " 1203,3, before me 10-e 6v-r L— !x q 1 Yt ' a Notary Public In and for said State, p rsonally appeared be a k j personally known tome( - )to be the person(e)-whose name(s)is/aro subscribed to the within instrument and acknowledged to me that he/eheAAW executed the same in his/hw#"W-authorized capaclty(les)�and that by his/hertheir signature(*on the instrument the person(4or the entity upon behalf of which the person(s)- acted, executed the instrument. WITNESS my hand and official seal, *' DEBRA L. LEV1NE � 0 COMM.01219097 • 140TARY PUBLIC-CALIFORM0 ALAMEDA CO iMM D COMM.EXP.MAY 3,2= Signature- NOTARY BLX ignatureNOTARY.BLK(Rev SM)