Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
RESOLUTIONS - 01012003 - 2003-247
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 15, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE nT.qTRTr:T TTT SRAT tTArdNX RESOLUTION NO. 2003/ 247 SUBJECT: Approve the Final Map and Subdivision Agreement for Subdivision 8631, being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. {District ICI} The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8631,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 Shapell Industries of Northern California,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: Contact: Originator:Public Warks 236) I hereby cern that this is a true and correct c0 of an action Contact: Teri Rie(313-2363) y +y. 13� SG:nn taken and entered on the minutes of the Board of Supervisors G.03rpData%ng5vcW\2003\4-15-031s11B 8631 BO-21.doc cc: Public Works-T.Bell,Construction on the date shown. Current Planning,Community Development T—2-15-04 Shapell Industries of Northern California s. Box 3611 61169 Savage P.O..Box ATTESTED: APRIL 15, 200,3 100 North Milpitas Blvd. JOHN SWEETEN,Clerk of the Board of Supervisors and Milpitas,CA ons County Adrninistrator National Fire insurance Company of Hartford Pamela L.Stocks 5820 Canoga Avenue,suite 200 Woodland Hills,CA 91367 National Fire insurance Cortrany of Hartford By ,Deputy Bond Deparmsent 17 CNA Plaza Chicago,lL 60685 RESOLUTION NO.2003/ 247 SUBJECT: Approve the Final Map and Subdivision Agreement for Subdivision 8631, being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) DATE: April 15, 2003 PAGE: 2 A. Cash Bond Performance amount: $ 12,700.00 Auditor's Deposit Permit No. DP401583 Date: March 6, 2003 Submitted by: Shapell Industries of Northern California, a Division of Shapell Industries, Inc. Taxpayer's identification number: 95-2578030 B. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number: 929270197 Date: February 24, 2003 Performance Amount: $ 1,261,900.00 Labor&Materials Amount: $ 637,300.00 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc. M. 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 full and the 2003-2004 tax lien,which became a lien on the first day of January 2003, is estimated to be $102,600.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: National Fire insurance Company of Hartford Bond Number: 190775411 Date: January 21, 2003 Amount: $102,600.00 Principal: Shapell Industries of Northern California,A Division of Shapell Industries, Inc. 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. 2003/247 SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: SUB.8631 Principal: Shat U I,adustries of Northern California. a Divisiott_cf ShaR ll Industries.Inc. Effective Date: / G�' Completion Period: I year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PG Maurice M.Shiu,Public Works Director Shapell Industries,Inc. By: Wi By: (sis.) Engineering Services —a V- - y FORM AP PR VED: `Victor J.Westman,Cour Counsel Q County (NOTE:: All signatures to be acknowledged.if Pnncipai is incorporstexi,signatures must cotiform with the designated representative groups pursuant to Corpa adws Code 1313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called" int "and the above-mentioned EdndyAL mutually promise and agree as follows concerning this subdivision: 2. nbii'RQ-)M iPM. Principal agrees to install certain road improvements(both public and pdrivate),drainageimprovements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works int and in conformance with the Contra Costa County Ordinance Code (including futureamendments 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 1§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 thereundear,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT U.C. TY. Upon executing this agreemerd,Principal shall,pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A • $12.700 cash,plus additional security,in the amount:$ 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 year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For_peyment: Security in the amount:$637JO0,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 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 securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. . z• 4. GUARANTEE AM M.a RR AM 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 road improvements for private roads,which arc not to be accepted into the County road system 5. PLANTMI.= HMM3`t�W(3�? Principal agrees to performestabhshment work for landscapmg installed under dais 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. I1vIPRO-)COPIAN'WARRAM 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 necessary to the plans to accomplish the work as promised. 7. NQ W JM BY COCM. 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. 2J M: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The,kdMWdM benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The JtAWkM 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 ofthese 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 Mete and including the defense of any suit(s),actiou(s),or other proceeding(s)concerning said liabilities and claims. C. The 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. hem;D. Noe-condikMc 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 irmance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or wilhU misconduct of any Indemnity. 9. COS33r Principal shall pay when due, all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. , 'r„ . Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acxxptsnce of any work as complete by the Board of Supervisors. &VL M AM 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. Principal hereby consents to entry on the subdivision property by County and County finers,including contractors,in the event County proceeds to complete and/or maintain the work. 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 ifPrincipal subsequently proceeds to complete the work. 12. INCQRPQR TI4 !,;Ir7NF."ATION. 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 depos4 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 terms 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 . In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. G:Y°imD" Svd\SInv*I4jib km,e11 0115631 AG-30-doe Pxv.Omter 2S,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ` ( ss. County of On before me '— beta^ - Name end'nib of O"r(a.g.,'Jana Doe Not Publlo`} personally appeared '—J Name(&)of Signet(a) personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -snare rr�.p... subscribed to the within instrument and JANICE T.KRUSE acknowledged to me that*efehtefthey executed Comn"on#1318667 the same in hWheifthelr authorized Nc►tary Public-California capacity(ies), and that by hW#eNtheir Saran Claes County r signature(s)on the instrument the person(s),or *Cwmeq6wAug94,2W51 the entity upon behalf of which the person(s) acted, executed the instrument. ITNESS my hand and offl ' I al. Signature of Notary Public Though the Information below is not required by law,it may prove valuable to persons relying on the document and could prevent trauduient removal and reattachment of thts form to another document. Description of Attached Document Title or Type of Document: Cil tJ Document Date, Number of Mages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: • Individual Top of thwb here ® Corporate Officer--•Title(s): • Partner—❑Limited 0 General © Attorney-in-Fact • Trustee © Guardian or Conservator 0 Other: Signer Is Representing: 01999 National Notary Association•MO De Sob Ave.,P.O.Sox 2402•Chatsworth,CA 978132402•www.natlonalnolary.org Prod.No.5907 Reader:Call Toll-Free 1.800.67&8827 g � t, < a Its ig az < }a }�S �t$ 11 W ii il!UT<ai Sld� vo tW� t¢ 25F+x+�S zp,�p�c4 ��ii`o" Ott tit Pco �, t Its CD� cc) ax31 , meqq 4i wit _j m m Via wo x 11 m {��j yJ ,61 us Nio wi- it its R °. IM11i It Pitt lot W15, � � � � �, t < � 4 IAN �� � � < C1 OR r 011CO x " fill 11 95. 1 !old p � - d xxxg � � M >N"Ryl t � 9 INFE: 635 635 , ,..w stww a.w.,,r +..v,Mu,ee+�linr.:sr�rnuw,:wwe�r,o«ra anco co f" ® 2Cyr "' ONO HOW I Ig RO C4 r4t `y,��,+hi N�� j,•j g�r ryyQ��a ~ � � v^ �., � �yy�� /i,��',yy�,°• JFr�,� a .roe, yC p gill v3 N V + We LXX-X t6 PE =gZMV �r h 1 ~ SZ! rid rr w w b va d DOUGHERW D 'agog 121 M Mr KaM—W. hYCIMttMM'NtlNT91iYYtWOIIXt4 r 4 A I ti T" t7 � �.�'$�"�Z r- Cy�� y„r .,� ..33W � Y is Y tW� � Y`� ✓S,,ip#3 �ty� J } � t31c"N_ t.. h2lxN lI n eo'$ �-�•t Vis.�-+ � 't9P,k41tN�r y, 16:05__ t- 16 p���-t�' T,��,� � � t a3 ' erilxN 2�a r ar5tis`_ n `��'��^ � a � � �, �; � �_•_ I � tF �J .�a`r,`,�r"""zN" .�szz�ttx x 05[5 Zsr+citzN _ � i c2 ny` r r. .o5z5 } t �A F .Sl'Y'11 'L5 ! 9d pt eav C lVAr (rJ(ri h�-...,.,,,•eta � /�� �f 1' � .�!� '�'s i+� r-� ""-e---_._� �'�a�testy ��" `�, ��� . L rk`� �"4`'. W' j/�y• (1f rt+ 1 c r s r cy') W $� o Q0 � y —1 1% r � Ok +� �v i G r 3 oil e _ g Ig j or• + I�esif rf g / r L3 J \ I t 44 a``i 'sly r' r _ _ 4b. r a t / tai 4- 1.t4 ` rd{ i 11 Jr t Ik ti 4F 4j 14 Id L r �lt� r f J 4 r �trt w r 'L 7 f s` rw , -7 $19` Xc3384^,�4Yl -j t r " too es z 40 %,0 % will 2 1 O C r DS R3 N m .1 Anig SIP 12 ry ko ti �• ���� ��c"�o� rX"`AI.dZlSY 1tN-.._.�'1�,,.� "Jam, "�� � •�, �c Y'a���S�a1�j_� a�q 4' .__ -�. _YN��py�8 ,e F''��i`� ��"`' � �� i. `I�' .Lbw -.So r -.So stz4zrN r r� �-7 -. r '"'Of .foA.o r,.r� �s r � J cow 11 i J !Iq s ON „n q i S Z4lh_ r t Stu OSLf tYf ON .2ra..... r ig r sttGl"v y yfz9S .19719 . L 1 w s fCfLSON tYfL5Pli L Imm 9+35 i,w �ipry�li �M WAi r p � � CO r t- yyjj o ppy «oiz CI s ----------- e�y Y Li1S 3 161dN + —�— Ovig 3.fYASx1N b +o +n} x dLLdx 5z�6S 3. ItsIIT -------- `������^. �'!� �� --fir r�—, .� �'—__--__-,•i y., ti's � �^�� — ~e ,� �Fg� tt ( p�y ,st i- altar �Sy irr .tq�x+lZ'�p..,:t17 .� 4k M tki pS rr rtitr„� � r 'oar/ arr 'Irnr` , 1 G72Pe N yR Z�'uEO' G5 r�I`} r �,�rr `r 15' � �' � �'� � ��� � � t i y+,.!�--;Lg•st'— --��,ip — ,i)� r ° t Y rrrr 7 rry dr EON t� r rt. 7 rWit' ` jti = WI cry 3 ' ' r' � rrr r t e+� O`er C, co w cc of ri 1-. O 6, }41x7 <4j] O�y Yui E,.y jcu7y,('Ga3�' s tj�lV�'M [P0.uyG fill i ------------ L_ ---_----------- - ---azgr _--- zraaaaov� ? cr, __________________ r. A Iow zs ! I i i 1 I� I •st ,,fi�ee 1 I i�l t t I i �' a I gMg�.I I ; I 1 .I�L6_---- _—'it$�iiG�----- --1_z1vl `3 v g �zrtaazax 'C�1 -' -----"I------------- I - ----: ---------------- ------ J7-_-_ - -- iooazow __-_ "-J�Zaaazav` ' g Yt/a i i I �1 1 t i ifs oil iT hl I d \ ---_-- - L_lasi l�ii� -4910%et _—...__,..___...._ ,ss�r �z�sa�zax � kQ --� ------------ --------------- -----I �3 �,zuaazox - '=XM,,aaZax 1 ! aori_'� I tsrrzoaazax y_ � _ ----------------------------------,aaaa �-$ ---------- P961 --=-- __t'9b1 NO/SIIf/Ot7llS �1 d 7-70,Y W t ti H H �° It 00 0- h 55 3' p..O •twq✓ �'r. p �"S ^�y"' y k+� V7 yq�5 {gyp �S tyq�[� s I f (y�1 '�$ � � � ✓�' a o (Ag � Z �3I2 I it NP J }, '` tit `i rc 40 oil 04 r w r . co 04 �� R co V3;1.118 11-9411 5 } fill +� W sit' fiale01,11 a— 2's o ` 1 t Ai v—� i ry,e,�•1 c4�,:..... '�, 47 ! aL 7 [yp 55 �ggpp16 It � w+l d J J �� JJ IL W ZYIYY wNni/b A LtcK7y w W N W i � co Y }.. Y Y ""p FS V .7 0 CS � 1'h F�j .� Y V/ 1+ V{1y(�tW �Trrj333 � ��+� C' �� fill w s 04 Al .9 rq J T rr"- yG��3s 4d _ __ a9UdZ g dFltt smr4 Li „ .roaso-� a c�a O i � St OY'>n a�N^717 .�.Y .'"1..'W ad aS•i+i a V N ui C3 K V:e eV t3 N»5 ai tS 4wii 2i��'{''''•Y CS i"� jf5 ah�Y' h � � �� �"t� ��i' It 19 IT ir, 4 �Z'Q R lag 1 � tit �e 1 # rVU Nov — ? 94 I IA L f WWI rI # \ y rIL _ r t-r`_ ....! __ 44* ....,, COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER � TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER l� (Far Cash Collection Procedures see Chunky Administmdur's 6ubetin 145.) DESCRIPTION FUNDJORG CT. TASK TIION ACTIVITY AMOUNT rf.�a 3AC r A Z4 L2 .00 t t r 5L.09t p ` 0 t00 7 'S F 7 4) WL 919y r 4 j. RtLi- r L � 0 1 1-65 Ra 1179 -1 7r, ► 5 3 3 100 r too fit t r r r s r r EXPLANATION: TOTAL $ i "! t DEPOSIT j r � ' Deposit cormsts of the foNovAW iters # �•.. .. e COIN aid CURRENCY CHECKS,kC 1,ETC $ BANK DEPOSITS $ FOR AUDrrOR-CONTROLLER USE G1KY DEPOSIT PERMIT DP- � .. NUMBER 401503 MAR 6' 3 DATE ASSIGNED �nrosxst ofmoney above is For Tmasurer's receipt of above amount a approved. Receipt of above amount is hereby deposit into the County Treasury ac� Date-U3 i a�lExT - ' Signeck Tnsasurer (74 931 000649-9665 / 831000: 61115507, $900,00, SUB 8631 Inspection Deposit, Shappell Industries of No. California, 100 N. Milpitas Blvd, PO Box 361169, Milpitas, CA 95435 000649-9665 / 831000: 61115518, Pickett Development Company, Inc., 27013 Ridgeview Lane, Walnut Creek, CA 94598 $8141,00, SD 7647 Improvement Plan Check Deposit $1625,00, SD 7647 Map Check Deposit 000649-9665 / 831400: 61108454, J100.00, Security Code Deposit, Alexander & Assoc Inc, 147 Old Bernal Ave #10, Pleasanton, CA 94566 819800-0800: 61115507, 12700.0 0, Sub 8631, Performance Cash Bond, Shappell Industries of No, California, 100 N, Milpitas Blvd, PO Box 361169, Milpitas, CA 95035 Subdivision: 8631_gale Ranrh {i (V-�, °ill as r Bond No.: 929270197 Premium: $6,310.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code H 66499 - 66499.10) 1. RECITAL ol?SUBIIIVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision 8631, Gale Ranch 11, N-9,Viliapaseo 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 the Final Map or Parcel Map for said Subdivision. Shapell Industries of Northern California,A 2. OBLIGATION: Division of Shapell Industries,Inc.,a Delaware Corp. as Principal,and National Fire Insurance Company of Hartford ,a cvxporati+on organized existing 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, ` ' trators, successors, and assigns to the County of Contra Costa California to pay it: One Million Two Hundred Sixty One A. Performance and GUarantee: Thousand Nine Hundred Dollars and 401104 ($1,261,900.00 for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Six Hundred Thirty Seven Thousand Three Hundred Dollars and 001100 Dollars($ $637,300.00 } to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division 1H of the Civil Code of the State of California. 3. CQNmTION: A. The Condition of this obligation as to Section 2.(A)above is such that if the above bonded Principal, his or its lairs, executors,administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full farce and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2,(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contras 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 finnisbed or labor thereon of any kind,or for amounts due under the Unemployment Insumce Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or thea assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without fcu-ther notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on Februa 24,2003 Shapell Industries of Northam Callfomia,A PRINCIPAL: Division of Shapell Industries,Inc.,a Delaware Corp. SURETY:TY: Nationa€ Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 5820 Canoga Avenue, Suite 200 City: Milpitas Zip. 95035 City Wqo5gand Hillsgip. 91367 By: By: Print Name: 7,A /21/9 46 Print Name: Pamela L. Stocks Title: 15- ' )o J i/t Al / Title: Attorney-€n-Fact By: Print Name and Titl NPI-R, R W E.-jH 9L tMASHARDATA .Pd&,rr-1BXWCPrnsx taAw POWER OF ATTOKNEY APPOINTING INDIVIDUAL A. fORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(herein called`the CNA Companies"),are duly organized and existing corporations having their principal offices In the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seats herein affixed hereby make,constitute and appoint Pamela L.Stocks,Beverly A.Hail Sandra V.Hanner,individually Of Sherman Oaks,Califomla their true and lawful Attomey(s)4n-Pact 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 Vie President and their corporate seals to be hereto affixed on this 3rd day of August,2001. (fty, a Continental Casualty Company n National Fire Insurance Company of Hartlbrd SEJ� r. American Casualty Company of Reading,Pennsylvania tot State of Illinois,County of Cook,ss: Michael Gengler Group Vice Pt On this 3rd day of August,2001,before me pemonally came Michael Gengler to me known,who,being by me duty sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that he Is a Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described in and which executed the above instrsrrent;that he knows the seals of said corporations;that the seals affixed to the said Instrument are such oorporate 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 ad and deed of said corporations. 00FIRMIAL MAV own FAYLxmr;R newab"g—o�inim- J 4:7/—Q� VCLJ--U�� My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Rlbikawskis,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading.Pennsylvania do hereby cerdry that the Power of Attorney herein above set forth Is still In force,and further certify that the BY-Low and Resolution of the Board of Directors of the corporations printed of the re req hereof is still in force.In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 24th day of -- Fp-hnwry 2003 . Continental Casualty Company National Fire insurance Company of Hartford SFJ►L urn r, American Casualty Company of Reading,Pennsylvania (Rev. 1/23101) Mary A.Riblkawskls Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX-�xecution.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 attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance,binds,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 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-ln-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Croup Vice President and the seal of the Company may be affixed by facsimile on arty power of attorney granted pursuant to Section 3 of Argyle 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 duty adopted by the Board of Directors of the Company. "Article VI--Execution of obligations and AppolMmsnt of rnsy4n-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,bands,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 staled 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. "Resp hod,that the signatures of the President or any Executive,Senior or Croup 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 facsr'imile to any certificate of eny such power and any power or certificate bearing such facsimile signature and seat shah 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 band 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 folkyMng 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-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,sL*id 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 Croup Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey4i*Fac.' This Power of Attorney Is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. 'RESOLVED:That the signature of the President,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 ars February 17,1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be afted by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it Is attached,continue to be valid and binding on the Corporation." State of CALIFORNIA County of LOS ANGELES On February 24, 2003 before me, Sandy Hanner - Notary Public , Date NAME, TITLE OF OFFICER.,'JANE DOE. NOTARY PUBLIC" personally appeared Pamela L. Stacks 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(#Isltmsubscribed to the within instrument and acknowledged to me that Wshellhe It executed the same in hdrihert tc authorized capacity, and that by PItwherlft* slgnaturso) on the instrument the person([), or the entity upon behalf of which the person(30 acted, executed the Instrument. SANDYKMI WITNES my hand and official al. Commission*t 382137 Nowy Public-Csllkwrstt if � -... Los ArgWn Caxty SIGNA RE OF NOTARY LIO:g Cawm. Jul2,2= OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT {�} INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (....) PARTNER(S) LIMITED {®..}GENERAL NUMBER OF PAGES ( } ATTORNEY IN-FACT ( �.} TRUSTEE(S) GUARDIAN/CONSERVATOR (__} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Natic►nal Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 0.10'74MO Bond No. 929270197 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 QF EREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSUREOF FEDERAL P-ARTICIPATI!2N IN PAYMENT OF TERRORISM LOSES The United States will pay ninety percent (90/a) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of PI CLC)4,zp� ss. on before me Geta Nam*and Title of t3ltfcsr(*4,'Jane Dos.Noary f'ubNc'1 personally appeared .C T(` l t`�C1- - 1("11�f ,\ t,i 9 it -A t Name(s)of Signers) ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 49/are JANICE T.KRUSE subscribed to the within instrument and COMMI clan#1318697 [ acknowledged to me that-;&Mhrtthey executed Notary public-California the same in 4Whet/their authorized Santa Clara County capaclty(les), and that by k►ieffherftheir i4P*CWMB0ftAug24,2W5Fsignature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ITNESS my hand and,qffieial seal. Signature of Notary public O Though the information below is not required by law,It may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Se—cwt Document Date: Number of mages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: © Individual Tota of thufl$}hem ❑ Corporate Officer--Title(s): ❑ Partner ❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 01884 National Notary Association•4360 Do Soto Aw.,P.O.Brno 2402•Chatsworth,CA 91813-2402 www.riaronaVowry.org prod.No.5907 Reorder:Call Tbfl•Fres 1400.876.6927 zf to lA 114/03 FATCt7$33 8631 Tax collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.O.Box 631jam` Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX "7 Tax Operations Supervisor Date: 1/9/2003 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VMD. This will certify that I have examined the map of the proposed subdivision entitled: Tract 1 MS# Cita T.R.A. 8631 SAM RAMON 66405 Parcel#: 206-040-002-1 206-040-004-7" 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 $102,600.00 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 prior to ding with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax Collector By: ' r Shapell Industries of Northam California,A National Fire Division of Shapell Industries,Inc.,a Delaware First American Title Co. Insurance CommpaU of Hartford 100 Nosh Mil itas Baulevard 355 Willow Way.#101 CNA Plaza Milpltas Concord Chicago CA 250„ 5 ___ California 94520 IL 60685 Attn: Sam Worden Attn: Barbara Pinto Atm: Bond Department 408-946-1550 925-356-7025 q,I 16 _ -713 - -;L0 35" BOND NO. 190775411 FREIt (�: $513.00 BONI)AGAINST TAS KNOW ALL MZN BY THEE PRESENTS, Shapell Industries of Northam Califomla,A THAT Division of Shapeit Industries Inc. a Detawars Cor . as Principal pad and (Suety) a e oepor216 ax organized and exisdng tender tete lawc of The Swe,of CI_ „ and authafted to n-ansrect surety business in CaiUbmi$as ou rety m held and firmly bound to o the County of Goitre Costa, 5ute of California,in the,penal a=cone Hundred Two"thousand Six Hundred Dollars and 0011 00l)oltars to be paid to said County of Contra Costa,for the payment of Which wig and truly be made,we and each of us bund ourvJves,o(w hem,executors,administrators and Success=,,jointly and severally,firmly by tbxae presents. SeWedvith our Seats and dated this 21st day of January 2003, 'The omdi.tions of the above obligation is such that WBEREAS,the,above bounded principal is about to fila arnVeadUed T_ract:8564 C and covering a eubdfvision of a tract of land In said County of Carlini Costa,and Owe are=aiu liens for tares and special asoessromts collecued as taxes,.against the said tract of land cowered by said tnap,Which taxes and special as is collected as takes,are not as yet due or payable. Shapell Industries of Northam Califomia,A NOW. TIIRBI P$,if the said Division of ShaMll Industries,Inc..a DelawareCoro. - shall pay`all o f taxes and special amesaea encs collected as tastes Bch are a lien against said tract of land covered by said map,at the time of the filing of said nap of said aw-L then this obligation.shall be void and of no effect.od=- ise it sttall remain in U I flom and effect. Shapell Industries of Northam California,A DMelon of Shaped Industries,Inc.,a Delaware Corp. (AppmNed Stt3tW) �i By: M ie A. Cook Assistant V.P. Principal (Attach A.cimmledgemcnt by pi, ) National Fire Insurance Company of Hartford (Attach Ac3csnowledgttnt � by s, y) y` . DATI�: °�I,IQ3 Marie A. Cook _ Surety BOND RBYIEWBD AND APPROVED Attornety4n-Pact CONTRA COSTA OOUNTY. , "I'll Olt {ILLTrCT{lR POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Merl By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania coni oration(herein collectively called'the CCC Surety 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 signature and seals herein affixed hereby make, constitute and appoint Marie A. Cook, Individually of Milpitas,California 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 w 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 are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seats to be Hereto affixed on this 18th day of June , 1998 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD x rr 0 gym.`� AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA ULY III !-N;3SERI. 4.0 •4, �r a ii' 1e97 ' Marvin J.Cashion Group Vice President State of Illinois, County of Cook,ss: On this 18th day of June , 1998 ,before me personally came Marvin J.Cashion,to me known.who,being by me duly swom,did depose and say:that he resides in the City of Chicago,State of IIlinoic;that he Is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he knows the of said corporations;that the seals affixed to the said instrument are such ate seaW,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. !0,{ 140TARY pUSUC My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE 1, Mary A Ribiksew«akis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of AUomey herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force.In testimony whereof I have hereunto subscribed my name and affixed the seats of the said corporations this_21 -day of jarrc?ary . CONTINENTAL CASUALTY COMPANY - <J`y ` �, r ° 'r°'4 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA 1647 � e Mary A. Ribikawskis Assistant Secretary v.1011l97) ' r Authorizing By-Laws and Resolutions ! ,OPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--•-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 attomeys-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 attorneys4n-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duty 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 seat of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and 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." OPTED 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 Vl-- ecution 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,frown time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in ft execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature,Such attorneysan-fact,subject to the limilaEtione 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 attomey4n-fact.' This Power of Attomey 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 she of the President or any Executive,Senior or Group Vics 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 affbcesd by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shah 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." OPTED 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 Febrraary'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.Attomeys4n-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of Ike nature.Such Attamey4n-Fact,subject to the Cunitations set forth In their respective E certificates of authority,aharfi have fufi power to bind the Corporation by their signature and execution of any such Instrument and to attach i the seal of the Corporation thersth.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke an power and authority previously given to any Attomey-urs-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 facsirntie on any power of attorney granted pursuant to the Resolution adopted by titin Board�of Direct" on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affticed by f..csimits to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." STATE COUNTYOF ,.�t .� .. ss. Cori .lanyaroy 21. 0(?3 F before arae, CvIS, 0-no PERSONALLY APPEARED. ook._ personalty known to me ( sattrr c evWoat:4 to be the personal whose name.4 isles subscribed to the within tns"ment and acknowledged to rile that P61sheltVy executed the same in hj�lherlthpfr authorized capacity(i I and that by 0/herttWr signature} on the DENISE L CRISTIANO instrument the person(O,or the entity upon behalf of which Commission#1296215 the person(4 acted,executed the Instrument. � Notary Public-California yContra Costa County My Comm.aq*w Mar5,2005 WITNESS tray hand and official seal. Signature s This afar Official Notarial Seat OPTIONAL Though the data below is not required by taw,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACKED DOCUMENT INDIVIDUAL El CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TKIM C7 PARTNER(S) 0 LIMITED d GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES Q TRUSTEE(S) [3 GUARDIAWCONSERVATOR C3 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING. NAME OF PER5+3 M OR Em"em National Fire lnsu[ance Comaanv of Hertford SIGNER(S)OTHER THAN NAMED ABOVE ID-091 rt V.U94 ,ALT..-PIJRPOSE ACKNOWLEDGEMENT