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Home My WebLink AboutRESOLUTIONS - 01012003 - 2003-439 CONTRA COSTA Co Recorder Of five � .,.<, < STE N L, UENR Clerk-Recorder 0325 874x- Recorded at the request of: DOC— 200 / �- Contra Costa County 00 Board of supervisors Wedneaday, JUL 09, 2003 09:02:47 Return to: FRF $0.00 Public Works Department Tt l Pd $8.88 Nbr-888158773 Engineering services Division Records Section I r c/R g/1 s 13 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on July 8, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, AND GLOVER NOES: NONE ABSENT: SUPERVISOR MARK DESAULNIER ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO.2003/439 SUBJECT: Accepting completion of private and public on-site improvements, Declaring the widening of Stone Valley Road as county road and Approving a Drainage Improvement Agreement for off-site creek improvements,Subdivision'7387,Alamo area. (District III) The Public Works Director having notified this Board that the private(Justin Morgan Drive, Copenhagen Court and private driveway) and public (Stone Valley Road widening) on-site improvements in Subdivision 7387 have been completed as provided in the Subdivision Agreement with Alamo Highlands,LLC,heretofore approved by this Board in conjunction with the filing ofthe Subdivision Map. The Public Works Director having also notified this Board that the off-site improvements, previously provided in the Subdivision Agreement with Alamo Highlands,LLC,will be constructed as part of the Drainage Improvement Agreement presented for Board approval this date. G:\GrpData\EngSvc\BO\2003\7-8-031SUB 7387 BO-24.doc CL:PE:rm Originator. Public Works(ES) I hereby certify that this is a tree and correct copy of an Contact: Brian Balbas(313-2284) action taken and entered on the minutes of the Board of cc: Public works -Accounting Supervisors on the date shown. -Construction Alamo Highlands,LLC Peter Branagh 3201 Danville Blvd.,#170 ATTESTED: JULY 08, 2003 Alamo,CA 94607 JOHN SWEETEN, Clerk of the Board of Supervisors Developers Surety and Indemnity Company p Frank R.Olsson and County Administrator 3100 Oak Rd.,Ste.260 Walnut Creek,CA 94596 Frontier Pacific Insurance Companyy Deputy Gregory M.Pribyl , 4250 Executive Square,Ste,204 La Jolla,CA 92037 RESOLUTION NO.20U3/ 439 SUBJECT: Accepting completion of private and public on-site improvements, Declaring the widening of Stone Valley Road as county road and Approving a Drainage Improvement Agreement for off-site creek improvements,Subdivision 7387,Alamo area. (District III) DATE: July 8,2003 PAGE: 2 A Drainage Improvement Agreement with Alamo Highlands,LLC,subdivider,whereby said subdivider agrees to complete all off-site creek improvements as required in said Drainage Improvement Agreement within one year from the date of said agreement. Said document was accompanied by the following: Security to guarantee the drainage improvements as required by Title 9 of the County Ordinance Code, as follows: a. Cash bond (Auditor's Deposit Permit No. 318499, dated August 17, 1998 in the amount of$8,700.00,made by Alamo Highlands,LLC. b. Additional security in the form of a corporate surety bond dated April 30,2003,and issued by Developers Surety and Indemnity Company (Bond No. 868088P) with Alamo Highlands, LLC as principal, in the amount of $58,300.00 for faithful performance and$33,500.00 for labor and materials. All deposit permits are on file with the Public Works Department. NOW THEREFORE BE IT RESOLVED that the private and public onsite improvements have been COMPLETED as of July 8,2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY September 22, 1998 Frontier Pacific Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$435,550,Bond No.SD 00031944 issued by the above surety be RETAINED for the six month lien guarantee period until January 8,2004,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the private improvements have been COMPLETED and the roads are NOT ACCEPTED NOR DECLARED as County roads, at this time. BE IT FURTHER RESOLVED that the public improvements,the widening of Stone Valley Road,is ACCEPTED and DECLARED to be County road,as shown and dedicated for public use on the final map of Subdivision 7387 filed October 27, 1998,in Book 404 ofmaps at page 1,Official Records of Contra Costa County, State of California. RESOLUTION NO. 2003/439 SUBJECT: Accepting completion of private and public on-site improvements, Declaring the widening of Stone galley Road as county read and Approving a Drainage Improvement Agreement for off-site creek improvements,Subdivision 7387,Alamo area. {District IIl� DATE: July 8, 2003 PAGE: 3 BE IT FURTHER RESOLVED that the warranty period has been completed and the performance surety bond is EXONERATED. BE IT FURTHER RESOLVED that said Drainage Improvement Agreement is APPROVED. BE IT FURTHER RESOLVED that the $8,700 cash bond submitted for the Subdivision Agreement (Auditor's Deposit Permit No. 318499, dated August 17, 1998) made by Alamo Highlands, LLC be HELD until all off-site creek improvements for the Drainage Improvement Agreement have been completed. MOLL)MN NO. 2003/439 DRA2ME IMPROYEMENTAQMEM Subdivision: 73§7 _ ---- -- Effective Dater Developer: Alamo Highlands, LLC Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CQXrRA QQU&QXTNTY DEVELOPER Alamo Highlands, LLC a Maurice M.Shiu,Public Works Director California Limited Liability Company By: Branaerh Development, Inc. Its �� , w ' Manager By (sir—)-- V-1 taunt ru.**u Tido) Peter W. Branagh, president By: cs � g Savices Division (?ft Nom WA Ti&) E=APPROVRD: Victor I Westman,County Counsel (NCnTli; Alt siva trim to be ac mawk4p&If Dmkpa is bac gwratad,signatures must confomt with dx designated.epraeanative groups ptusaaot to CbVMtkw C.odeWls.) 1. E, Effective on the above date,the County of Contra Costa,California,hereinafter called"QmntL"and the above-named mutually pmnise and agree as follows concerning this acceptance: 2. R=Q3MM RM.Developer agrees to install certain off-tract drainage improvennents and such other improvementsincludin (` g appurtenant equipment)as required in 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). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period flan date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code;the stricter requirements shall govern. 3. TMPItOVBMENT SI?Cj, j .Upon executing this Agreement,the Developer shall provide as security to the County: A. Em Eafaun=and QV tom: S 8,7 O Q_ 0 0 - cash,plus additional security,in the amount of$.5 8 13 0 0. 0 0 together total one hundred percent(100,A)of the estimated cost of the work. Such additional 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,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. ForPaYtnet t: Security in the amount of S 3 35 0-a which is fifty fry percent(501x)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,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer, the amount of the securities may be reduced in accordance with S94-4.406 and 594-4.408 of the Ordinance Corte. 4. MARA]=&MMEAR{ M OF Developer 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. Developer agrees to correct,repair,or replace,at his expense,any defects in yid work. 5. 11b1PRQ)M bf13NT PLAN W.A _ = Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 6. NO WPM BY.QUNTY. Inspection of the work and/or nuterials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. afiMMM. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The 1, dgremnities benefitted and protected by this promise are the County and its special district,elective and appointive boards, commissions,officers,agents and employees. B. The HLWlitigs 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 e,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s)or other proceeding(s)concerning said liabilities and claims. C. The ggg211s gWing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them. D. hJM-Candi=r The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepared,supplied,or reviewed any plan(s)or specification(s)in connection with this work our subdivision„or has insurance or other indennmifrcation covering any of these matters,or that the alleged damage resulted partly from any negligent or wilihml misconduct of any Indemnity. 11. . Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. N2_-ZMEQ tut AM tom . If Developer fails to complete the work within the time specifij ed in this Agreement and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to:Engineering,inspection,suurve j%contract,overhead,etc.)branediately upon demand. Cance action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently proceeds to complete the work. Should County on to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith;even ifDeveloper subsequently proceeds to complete the work. 10. It before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights. mtLAw G. r%nu uY tAG WORMAtiwr7.doc Rev.Apr*6.2000 CALIFORNIA L-'P V Pn ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF Contra_ costa Anne Mc Neill, Notary Public Can April 3Q, 2{1{13 before:me, f DATE -NAME.TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC' personalty appeared, Peter w: Branagh personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s) whose names) Ware subscribed to the within instrument and acknowledged to me that he/she/ s, they executed the same In his/her/their authorized capacity(les), and that by hisfher/their signature(s)on the Instrument the parson(s),or the entity upon behalf of which the persons)acted, executed the Instrument. WITNESS hand and official seal. (SEAL) 011MCasrnc�cr r NOTARY P c OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE RESOLUTION ADOPTED BY THE BOARD OF DIRECTORS OF BRANAGH DEVELOPMENT, INC. A California corporation WITHOUT A MEETING, BY UNANIMOUS WRITTEN CONSENT. BE IT RESOLVED, that PETER W. BRANAGH, PRESIDENT of this corporation is here by authorized to complete, execute, and file on behalf of this corporation Drainage Improvement Agreement to final ALAMO HIGHLANDS, TRACT NUMBER 7387 for issuance of a final inspection from the county of Contra Costa and prepare or cause to be prepared and filed such other documents take such action with respect thereto. as may be necessary or deemed by him to be properly in connection therewith. IN WITNESS WHEREOF, this Certificate has been executed and the corporate seal hereto affixed on the 1 st day of May 2003. WI IAM BRANAGH, Vice President THPMAS RANA H, Secretary PETER W. BRA14AGH, President �[t Rd 7i s8 L *P, t.... Qw�5 �k Sk jt f Mrd Nw :R 'r. 4t ''+r ., J.jy7,�,;.''.1`� �..�i n �Y t+S�•a fir'• h .# z 4T, r*l 1 -2 �} h., y1F f�r" R Map Ck lee MEN= MMEEM MEN= MMEEM MWEEM, MMEEM =mom =MEN= MEN MEN �t .rti. • . �. ,,rte �,� •� Y { ,w 7 ' r �"�7 #7387 Development No: Alamo Highlands, LLC Band: 868088P Premium: $1,072.00 IMPRO'V'EMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance& maintenance,AM labor and materials) 1. fl►BZ.IGA330 s a Principal, and Developers Surety and Indemnity Company a a corporation organized and existing under the laws of the State of Iowa ' and organized and existing under the laws of the State of California, as Surety,hereby jointly and,scverally bind ourselves,our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it; A. Falthf d Performance, & Maintenance: Fift y-eight hciurz t d btx�raa/ p (�-- ► 3 0 0.0 a )for itself or any city-assignee under the below-citod Drainage Improvement.Agreement,plus H. Labor& Materials: ,Thirty-.th+-gko T13ousatnd _P hundrpd x Nnzi „,n (S of the CaliforniaCivil Code.+ 500.00 ,l for the benefit of persons protected under Title 15 § et seq. � 2. RECUAL f'lCOMACT: The principal contracted with the County to install and pay for drainage and other improvements in Alamo on Stone Valley Road as specified in the Drainage Improvements Agreement, and to complete said work within the time specified in the Drainage hnprovement Agreement for camp€etivA ail in accordance with State and local laves and rulings thereunder in order to satisfy the conditions of approval for #7387 Alamo'Highlands, LLC 3. Ct:1DM MM.- if the principal faithftully perforins all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County,then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of mainteminea continues for the ono-year period; and if principal fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and pzbtects the promises from claims of such liens,then this obligation as to Section 1-(B)above shall became null and void;ot€ierwise this obligation remains in full force.and effect. No alteration of said contract or any plans or spceificitions of said work agreed to by the Principal and the county shall relieve any surety frorn liability on this bond, and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of California Civil Codes § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond,Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgement. 3. ± oorr: A, The Condition of this obligation as to Section 2.(A) above is such that if the abovo bounded Principal,his or its heirs,executors, administrators,successors or assigns, shall in all things stand to and abide by, and well and truly keepand 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 aJl respects according to their true intent and meaning, and shall indemnify and save hanirtless the County of Contra Costa (or city assigned, its officers, agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain its fill force and effect. As part of the obligation secured hereby and in addition to the facie amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attor oy"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 Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance 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 A,, 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 taxrd 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 a nutted to file claims colder Title 15(commencing with Section 3082)of Pati 4 ofDivision 3 of the Civil Crile,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in fall force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and they County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without fiialher 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. &GM ANp SEALED)ort Aril 3 U 2003 P] ALAMO H GHI.ANDS, LLC SURE *y Develo ers S and Indemnity Compam By By Fran R. seen _ ttorney-in- act Address 3241 Danville Blvd. , #170 Address 3100 Oak Rd. , Ste. 260 ., Alamo, CA 94507 Walnut Creek, CA 94596 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of CONTRA COSTA On 4--30-03 before me, M. A. ATWAI:9R, NOTARY PUBLIC DATE NAME.TITLE OF OFFICER-E.G.."JANE DOE.NOTARY PUBLIC- personally appeared Prank R. Olsson , NAME(S)OF SIGNER(S) { personally known to me - OR - ® proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized - capacity(ies), and that by his/her/their signature(s) on the instrument the persons), or the entity upon behalf of which the person{s} acted, executed the instrument. M. A. ` O 122 WITNESS m hand and official sea[. No"y haft C�arnmrsstlart�t�� Y Comm costa county SI(WATURE OF NOTARY OPTIONAL Though the data below is not required by Maw,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 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT Tm.E(s) C� PARTNER{S} Cl LIMITED 0 GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES Cl TRUSTEE(S) G UARDIAN/CONSERVATOR Cl OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON($)OR ENTI TY"S) Developers Surety and Indemnity SIGNER(S)OTHER THAN NAMED ABOVE _Company 01993 NATIONAL NOTARY ASSOCIATION*8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7164 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE.CA 92623•(949)253-3300 KNOW ALL MEN BY THESE PRESENT'S.that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY,and INDEMNITY COMPANY OF CALIFORNIA.do each.hereby make.constitute and appoint. ***Frank R. Caisson, Gordan J. Fischer, Jocelyn Y. Quirt, jointly or severally*** as their true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corpotations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do.but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and iNDEMNiTY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED.that the Chairman of the Board.the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute.on behalf of the corporations,bonds,undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVER.FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond.undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally mused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8"day of January.2002. ,.,.. aaapaaaawaunry� AND Byx rr � ANY O David H.Rhodes,Executive Vice President �*',�J�-'*?0R4 N+!!> �Ci Q POA-0 w OCT s < �10 w�` 2O a OCT.S 0 In.' � 193$ 1967 Walter A.Crowell, Secretary 3 .,,OW.,„.. , ' .11 jFO t3� 3 ,txaMt,N,iHa�aaa STATE OF CALIFORNIA ) )<SS. COUNTY OF ORANGE ) On January R,2002,before me,Antonio Alvarado,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the some in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersom-s acted.executed the instrument. WITNESS my hand and official seal. ANTONIO ALVARADO COMM.#1300303 Notary Public-Californias " ORANGE COUNT Signature , g _ My Comm.Expires APRIL 10,2W5 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 30thday of April 2003 By ' David G.Lane,Chief Operating Officer ID-1380(01102) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF Contra Costa On April 34, 2003 befor`d me, Anne Mc Neill, Notary Public DATE -NAME,TITLE OF OFFICER-E.G..*JANE DOE,NOTARY PUBLIC- t personally appeared, Peter W. Branagh personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/ s they executed the same In his/her/their authorized capacity(les), and that by his/her/their signature(s)on the Instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the Instrument. WITNESS my hand and official seal. ANW-MC HELL COMM.#12457 (SEAL.) Ir(:rx I euc-cAuAW r r+Ia TA al.lc COWc09TAc r .2!Lft &%iZ zao4 OPTIONAL. INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE