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RESOLUTIONS - 01012004 - 2004-272
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on May 25, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 272 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8688, being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon (Dougherty Valley) area. (District III) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8688,property located in the San Ramon(Daugherty Valley) area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Shapell Industries of Northern California, a Division of Shapell Industries, Inc., principal, whereby said principal agrees to complete all improvements as required in said 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 Originator:Public Works(ES) taken and entered on the minutes of the Board of Supervisors Contact: Teri Ric(313-2363) sG:rrn on the date shown. G:\GrpData\EngSvc\BO\2"003\10-14-031SL1B 8688 BO-21.doc cc: Public Works—T.Bell,Construction Current Planning,Community Development T--March 25,2005 MAY 25 2004 Shapell Industries o£Northem California, ATTESTED: a Division of Shapell Industries,Inc. JOHN SWEETEN,Clerk of the Board of Supervisors and Sam Worden&Steve Savage P.o.Box 361169 County Administrator Milpitas,CA 95035 National Fire Insurance Company of Hartford Pamela Stocks 5820 Canoga Ave.,Suite 200 By ,Deputy Woodland Hills,CA 91367 RESOLUTION NO.2004/ 272 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8688, being developed by Shapell Industries of Northern California,a Divisionof Shapell Industries, Inc., San Ramon(Dougherty Valley)area. (District III) DATE: May 25,2004 PAGE: 2 A. Cash Bond Performance amount: $10,000.00 Auditor's Deposit Permit No. 408866 Date: July 17, 2003' Submitted by: Shapell Industries of Northern California Tax ID Number: 95-2578030 B. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number: 929270253 Date: July 8, 2003 Performance Amount: $994,500.00 Labor& Materials Amount: $502,250.00 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp. 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 2003-2004 tax lien has been paid in full and the 2004-2005 tax lien, which became a lien on the first day of January 2004, is estimated to be$691,100.00,with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: National Fire Insurance Company of Hartford Bond Number: 929 299 732 Date: February 11, 2004 together with Bond Increase Rider dated May 7,2004 Amount: $691,100.00 Principal: Shapell Industries of Northern California, a', Division of Shapell Industries, Inc., a Delaware Corp. 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. 2004/272 d r a i- r RV +( F $ Z T5cl co co co W wn N IN �!r� � 1+M fJ� U 1'•y�" ��'G3 W p d� � 47��L5 � K 3 R cIna° W ID ID Elio ur�� z G> WS t- ssW��yy,U Ap jpg Y WL] < N �dv mr OLS SO V C.1Na .{ W 5 a �k�"� 1ha 6-- tJ Sam- tSr (gyp V) p V', �'�-'t5 �WNCS lei©OY Z� wg Ism .,rz+zyy� � �_�_ p�,y�.� y�++� �bSc7 (p�/�� zoyO'b'���..z}}}F (� ���a$$$ �� ad�Z��n�m".- ���•yyjjj (W���N���• yyJ�� �KO•Z Wp�� ����y0. 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"`�i.F°ery MR` l-, *^1',4^�p+ M{�pCfy tp�;+]+��„+.fN� Pug AA r a r 'I n z a a a a 15 dd d ddJ dd dd w dY �•J V�G,)V41\JG C��1 V'J tJ VYJ�'si\..l`..lam V v V� q y� � �. :`�^1�tX'^N OAF�']g 4..f+°1 'N►�� a I17bbb'����s 2P £l7��Ctt it 1j h tGA'WI MM Q%]tM- ......... _. _ SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: 8688 Principal: Shapell Industries of Northern_California, a Division of ,{ Shapell Industries,Inc.I A Ck>-V—{t,?LVIZ + , Effective Bate: o 7.57-, U dT Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director Shapell Industries,Inc. BY: tL " t � (sig➢nttre} RECOMMENDED FORA (Print OVAL S By: (signctnre} i Engineering Servicesi i n (taint name&tide) FORM APPROVED: Victor J.Westman,County Counsel (NOTE: AU signatures to be admowledged.If Principal is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code§313.) l. PARTIES&DA Effective on the above date,the County of Contra Costa,California,hereinafter called" oun "and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this 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 manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SBCURITY. 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: $14 00 cash,plus additional security,in the amount:$994,500 which together total one hundred percent(100%n)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 Payment: Security in the amount:$502,250,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,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. 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 road improvements for private roads,which are not to be accepted into the County road system. 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. IMROVEMENT 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 necessary to the plans to accomplish the work as promised. 7. NO WAVER 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 district,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 inspections thereof and relocation of existing utilities required thereby. I0. 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. Principal hereby consents to entry on the subdivision property by County and County forces,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 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 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 MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. iu.:iD:rad GAGrpDntaEngSvc\Stava\Gale Ranch\8688(N2H),8688 AG-30.doe Rev, Ocmber 25,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California f c'� c�n County of � ss. i On. J 1 before me, 7 Data Name and Tule of Officer(e.g.,"Jane Do*,Nc4ary PIG") , personally appeared i Nam(s)of S grter(s) personally known to me ? ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names).ieiare ` ICET KRUSE subscribed to the within instrument and i Cotm"111108AMI01318W acknowledged to me that*e sttdthey executed Notairy PWila_canoft the same in kti~their authorized Santa 0"C.owdy capacity(ies), and that by hkAe ritheir *0wmBvhwAu924s2DZ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TN ESS my hand and offi 'ai seal. Signature of Notary Public OPTI 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. Description of Attached Document Title or Type of Document Document Date: Number of Pages: Signer(s)Other Than Named Above: ) Capacity(les) Claimed by Sinner Signer's Name: mlwsk*A%� ❑ Individual \ fi (� (1 Top of thumb here 1 rorporate Officer—Title(s): !ST ❑ Partner---:1 Limited ❑General ❑ Attorney-in-Fact -J Trustee ❑ Guardian or Conservator D Other: Signer is Representing4 �__ 01989 Naffonal NotaryAaeodation-9360 Do Soto Am,PO,Box 2402•Chatsworth,CA 91313-2402-www.nationainotary.org Prod.No.5917 Reorder:Gal!Toll-free 1-BOD•878-@827 Gate Ranch 11 Subdivisionz Band No.: 92.027o25 Premium. $7,469.00 LWROVEMENT SECURITY BOND FOR SUBDIVISION A►G:ItFtLr`MENT (Performance,Guarantee, fid Payment) (California Government Cade ff 66499-66499.10) 1. &g1_TA : The Principal has executed an€agreenvutwith the County to install and pay for street,drainage, and other inVrovenrnts in Subdivision 86881 N-28 A Galle , as,specified in the Subdivision Agmement,and to corTlete said work:withk the time,specified for compkti m in the Subdivision Agreement,all in accordance with State and:local laws and rulings thereunder in order to satisfy condos for filing of the,Final Map or Pavel Map for said Subdivision. 2. QZ" ' {" Sh el Industries of Northern,Cattfornia A Division of Shgpol Industries incl a Delaware Corp. as Prirscipal,and National Fire Insurance Company of Hartford a art norganiz-ed existing under tlae,laws of the State of OT ,and authorized to trsn t surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors,atrcd assigns to the County of Contra Costa,Calffbmia to pay it: Nine Hundred Ninety Four A. Performand Gua rantew Thousand Five Hundred Dollars and 00/100 ($994,500.00 for itself or any city a siguee urger the above County SubdivisionAgmenrnt, Plus B. ftyment: Rive Hundred Two Thousand Two Hundred F&dollars and 00/100 Dollsrs.(� _ $502,250.00 ) to secure the claim to which reference is made rn. Title X (commencing ncing with Section 3082)of Part 4 of Division III of the Civil Code of tl-c State of Cali 3. Cts'= A. Tlie Condition of this obligation ass to Section 2.(A) above is such that if the above bonded Principal., his or its heirs,executors,administrators, successors or assigns,smell in all things stwid to and abide by, nd'well and truly keep and perform the covenants, conditions and,provisions in the said agreenvrlt and any alteration thereof unde as therein provided, on is or its pari, to be kept and performed at the tim,and in the mamier twin qjecified,and in all respects accortling to their true intent and meaning, and shall inden-mify and save luumaless the County of Contra Costa (or city ami n ), its officers,agents.and employees, as thereia stipulated, then,this obligation shall becorue null and void;otherwise it shall be and x:ernain in full force and effect. As part of tlae obligation secured*hereby and in addition to the face a mount specified therefore,thm shaU be included costs and reasonable expenses and fees, including reasonable attorney's fees,' cu=d by County(or city assignee)in su ccwssf'ully enforcing such obligation,aIl to,be taxed as costs and included in any judgement rendexed. B. The condition of this obligation as to Section 2.(B) above is mch, tlw said Principal and the undersigned as corporate surety are held firmly bound unto the Comity of Contra Costa and all. contractors,subcontractors, laborers,material,nrn and other persons employed in the perfommce of the aforesaid agreement and.refex red to in the aforesaid Civil Code for materials ftmds1rA or labor thereon of any kind, or for amounts due under the Unemployment Iusurauce Act with respect to such work or labor,that said surety will pay the saw in an amount not exceeding the atmunt bereia above set forth, and also in case suit is brought upon this mond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable. attorney's fees, incurred by f;c►uuty(tar city assignee)in successfully enforcing such obligation,to be awarded and faced by the court, and to be taxed as costs and to be included is the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of a y and all persons,companies and corporations s entitled to file claims under Title 15(connnenc ing with Section 3082)of fart 4 of.Division 3 of the Civil Code, .so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully pertbrmed then this obligation shad become null and void, otherwise it shall be and remain in full farce and effect. C. No alteration of said subdivision agreement or any plan or speeificatiou of said work agreed to by the Principal and the County�harll relieve any Surety from liability on this brand; and consent is hereby given to make such alteration without f wther notice to or consent by Surety;and the Surety bereby waives the provisions of California Civil Cade Section 2819,and flats itself bound witbout regard to and independently of any action against Principal whenever taken. IG DD AND SEALET!on July 8, 2003 Shapell Industries of Northern California,A pR CIPAL: Division of shapell Industries,Inc.,a Delaware Corp. SURETY-. National Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 5820 Canoga Avenue, Suite 200 City: Milpitas Zip: 95035 City: Woodland Hills zip. 91367 Print hCatx : i�it3 (�'� Print Nan-&. Marie A. Cook Title: i> Title: Attorney-In-Fact Printed Name: Title: Wyp�,.ws}a�sa.a.t,�t/t�u}���,,,:r�tu�rsu� „��„av3rr wt�zrx�rr.t a A,R�G: ygFTg^�^'7 STA'PE OF L– k COUNTY OF. SS. Oil— July 8. 2003 1)e-to re rile, PERSONALLY APPEARED Marie A. Q k .................. ........ ............... ...................... ........... personally Imewn to me (a* ppe-oed 4*A44ftGWP/4A'4e4c4 to be the personfhTwhase name(4 Js/� subscribed to the within InstTument ajid.acluiowledged to me tha6he/she/executed the same In4ttt/her/thei"mthorized capaclty(k- , and that the insti-milent the pej.SoiiK, or the entity upon behalf of'which JAN10E T KRUSE Cominission 0 1318897 (he personf4 acted,executed the Instrument, Nalary Public-Calftmic Santa Chn Cour 1-7 WITNESS my hand and official seal. My0WftMWk*ALj24,2W5 Thivan?a fitz-Offidid Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent.fraudulent teattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL [--.I CORPORATE OFFICER TITLE OF TYPE OF DOCLJME-'.NT 0 PARTNER(S) EJ LIMITED 0 GENERAL Ar" ORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) D GUARDIAN/CONSERvA-i-OR E-1 OTHER, DATE OF DOCUMENT ........... SIGNER IS REPRESENTING: NAME Of PERSON($)OR ENTITWES1 National Fire Insurance Company of JjgWgr. SIGNER (S)OTHER THAN NAMED ABOVE ID-OR1 ram 6194 A.I.J.-F[JRPOISF. ACKNOWLEDGEMEW POWER OF ATTORNM .PPOINTING INDIVIDUAL.ATT01 c-Y4N-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF REARING,PENNSYLVANIA,a Pennsylvania corporation(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 Mil California , their true and lawful Attomay(si)-in-Fact wilts 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 anti rarity hereby given am 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 IN►t ness Whereof,the CCC Surety Companies have caused these presents to be signed by their Croup Dice President and their corporate seals to be I ereto affoced on this 'I Sth day of June 1986 CONTINENTAL CASUALTY COMPANY 0 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 1� AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA ar"'�* z �L F,e 2 SEAL ilie7 . Marvin J.Cashion Group Vice President State of Illinois,County of Cook,as: On this 18th day of June 1898 ,before me personally camp Marvin J.Cashion,to me known,who,being by me duly swum,did depose and say.that he resides in the,tatty 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 instrumeirt;that he knows the seals of said corporations,that the seals affixed to the said instrument are such corporate seals;that toy were so affixed pursuant to authority given by the Boards of Dlrectcir a of said corporations and that he signed his name thereto Pursuant to!roue autho*,and acknowledges same to be the act and deed of said corporations: My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE 1,Mary A.Ribikowskis,Assistant Secrethry of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA 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 arch corporation printed on the reverse of are a in farce.In tesftony whereof I have hereunto sum my name and affixed the seals of the said corporations this t�ay ofHAI ` , CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF'HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA c� SEAL. tlr9? Mary A. Ribikawskis Assistant Secretary ,v.1011l97) Autho;. ng By-Laws and Resolutions )PTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of At tomay is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of Directors of he Company. "Article IX—Execution of Documents Section 3.Appointment of Attorney4n-fact The Chairman of the Board of Directors,the President or any Executive,Senior or Grou P Vice President may,from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature'*'Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The 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 attorneyoln-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 )hectors of the Company at a meeting duly called and hold 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.facsimfle on any power of,attorney granted pursuant to Section 3-of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any cortificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding an 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.' )PTED 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 -0 Company. "Article%--Execudon of Obligations and Appointment of Attomey4wFact Section 2.Appointment of Attorney-in-fact The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in fact to act in behalf of the Company in the execution of policies of insurance, bonds,undertakings and other obligatory Instruments of like nature.Such attorneys-in-fact,subject to the firniteitions 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 alt ch 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 attorneywin-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 Xrodors of the Company irta meeting duly called and hold on the 17th day.of February,1993. -Reached,that the I souit I ure of the Prisident or any Executive,Senior: or GroupI 1,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\11 of the By-Laws,andthe sigrature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facalmile to any certificate of any such power and any power or certificate bowing such facsimile,signature and seal shelf be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shaft,with,rasped to any bond or undertaking to which It is attached,continue to be valid and binding on the Company.* )PTED 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 -to 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 obligatiory instruments' of like nature.Such Attomsy4n-Fact subject to the limitations set forth in their respective certificates of authority,shall have full power:to,bind.the Corporation by their signature and execution of any such Instrument and to attach the sew of the Corporation thersto.The President an Executive Vics 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 Aftomey4rFact* This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of )hectors 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 Mee 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 Dimctors on February 17, 1993 and the signature of a Secretary or an Assistant rTt Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with rasped to-any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation.' ........... ....... 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 bands and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies') as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMI The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OE PRI&RAT, PARTICTEAMN IN PAYMENT OF TERBORT69M LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of ' 1C�► C"� E�p.C? ss, On before me, f=� [Yate Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared v 1` C"r-\•�-- � c = Name(&)of Signers) ;�kpbrsonaily known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)delare subscribed to the within instrument and Cye SBaw- rG'm`ac: acknowledged to me that hsh*e{they executed JANiCET.KRUSE the same in 4W4e;/their authorized _ Oornmiselon ll3lew capacity(ies), and that by hiegfWtheir Notwy Public-Caffibmin signature(s) on the instrument the person(s), or Santa Clare County the entity upon behalf of which the person(s) MyCWmALV24,2W5 acted, executed the instrument. IT SS my hand and official seal. r, Signature of Notary Public OP L 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. Description of Attached Document Title or Type of Document: 9 04_C) 2, J Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: a ❑ individual Top of thurnb here rpaorate Officer—Title(s): �'� � ❑ Partner—i❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: 0 1999 National Notary Associatton-9360 De Soto Ava.,P.O.Sox 2402•Chatsworth,CA 91313-2402-www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free i-SW876-6827 COUNTY OF CONTRA COSTA � 1} OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FRCMr! Q � ORGANIZATION NUMBER, 5G (For Cash Collection Procedures see County Ad"nistnsior's Bulletin 105.) DESCRIPTION FUND/ORG ACL TASK �PTION ACTIVITY AMOUNT h t g X7 $ / -, , 100 , f sIII ye)114 gKao 046t o { , 1 I i , E i f I i 1 i I EXP,ANATI N. DEPOSIT Aj Deposit consists of the fallowing items CON and CURRENCY $ M-o'ETC $ ZISIV.-6 BANK DEPOSITS $ FOR AUMTOR-CCINTROLLER USE OMY DEPOSIT DP (/ `S C? PIT �` NUtR DATE AS51G AS The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby osit'into the C Treasuryacknowledged Sig�� J ll,,.. Date Deputy AudGtor Carmty Triter D-3A REV.(7-93) �61 i 819800-0800: G1120511, $10,000.00, Sub 8688, Performan7Cashnd,5hapell Industries of N. CA, PO Bax 861169, 100 N. Milpitas „ as CA 95035 819800-0800: G1120.512, $21700.00, RA1135, Performance Cash Bond, Shapell Industries of N. CA, PO Bax 361169, 100 N. Milpitas Blvd., Milpitas CA 95035 0649-9665 1831000: G1120511, $4§,700.0 , Sub 8688, Inspection Fee Deposit, Shapell Industries of N. CA, PO Box 361169, 100 N. Milpitas Blvd., Milpitas CA 95035 06499665 1831000: G1120512, $101100.00, RA1135, Inspection Fee Deposit, Shapell Industries of N. CA, PO Box 361169, 100 N. Milpitas Blvd., Milpitas CA 95035 517104 FATCO $42 8688 Tax Collector's Office William J.Pollacok 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Roam 100 P.o.Box 631 Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 Co a my Joslyn Mitchell (925)646-4135 FAX Tax operations Supervisor c nlsmro, " t' ri . 7,W {ate Date: 5/7/2004 1F THIS TRACT IS NOT FILED PRIOR TO THS DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LE i,CR IS VOID. This will certify that 1 have examined the map of the proposed subdivision entitled Tract I MS# City T.R.A. 8688 SAN RAMON 66405 Parcel#: 222-280-001-9 222-270-001-1 222-270-002-9 and have determined from the official tax records thInt there are no unpaid County taxes heretofore levied on the property included in the map. The 2003-2004 tax lien has been paid in fu'l, Our e-timate of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $=691,100.00 This tract is not subject to a 1915 Act Bond. if suh;-rt to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from the +e of this letter, unless this letter is accompanied With security approved by une Col- Costa County Tax Collector Subdivision bond must be resented to the Cpu� ty Tax Collector for review and approval of adee uacyof security prior to filing with the Cferk of the Board of Supervisors. '°1ILLIAM J. POLLACEK, asurer-Tax Cpllector ¢, rt " r ft Executed in Triplicate Subdivision/Tract 8690/N-4,Gale Ranch II,Parcel#222-280-001-0 CWA �s ,�+' Subdivision/Tract 8688N-213,Gale Ranch II,Parcels#222-280-001-9, r,7� >l�sr 222-270-001-1,222-270-002-9 Increase-Decrease Rfder TO BE ATTACHED TO and form part of Band Number 929 299 732 issued by the National Fre Insurance Company of Hartford --as Surety,on behalf of Shaneil Industries Inc Delaware Corporation ---- --- of Milpitas CA ------ hereinafter referred to as the Principal,and in favor of County of Contra Costa.- Martinez, osta Martinez CA hereinafter referred to as the Obligee,effective the I I th day of February,2004 IN CONSIDERATION of the premium charged for the attached bond end other good and valuable consideration it is understood and agreed that effective the11 th day of Vebruary , 2004 ,and subject to all the terra, conditions and limitations of the attachad bond,the penal sum thereof shall be and the same is hereby increased from the Burnof ** ---- Dollars(,0;538.600.00** to the Sum of Six Hundred Ninety One Thousand One Hundred and No/100** --- -- Dollars( $690,100.00** ) IT IS FURTHER UNDERSTOOD and agreed that subject to all the tarms, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the sum of Five Hundred Thi Ei ht Thousand Six Hundred and No/]00** Aoliars($538.600.00** �} or for any loss raccurring,subsequent to said date&hall not exceed the sum of Six Hundred Ninety One Thousand One Hundred and No/100** - Dollars( $691,100.00** i In no event,however,shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it being the Intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATED this 7th day of Ma_y -_ _-_- 2004_._. Accepted By: County of Contra Costa Shapell Industries,Inc.,a Delaware Corporation (Principal) I3v; F3 : _T111 i' (Seel) Il Truebrid , Asst. V.P. DATE: .��. 41 B : ' BOND R19VIEWICD AND APPROVED Ken Cox , Asst. Sec. CONTRA COSTA COUNTY National Fire Insurance Company ofHartford TR SUR COLLECTOR Surety} g { x {Seal} Pamela L.Stocks Attomey-in-fact SUR-23189-D POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 9th day of July,2003. +yGtwt� ws+at i+rl>� Continental Casualty Company National Fire Insurance Company of Hartford .fid x American Casualty Company of Reading,Pennsylvania SEAL n+tY11. Michael Gengler Sen7r Yice President State of Illinois,County of Cook,ss: On this 9th day of July,2003,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL • EL12A PagOF • pOYAM PUOLA n WagOFItIIHOIi 1AYBOtiB1110pON :OrM7Al My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed nthe reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this day of May 2004 . JAS Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania • 2 PAY 11, U SEAL T Is02 71lp7 � lfAli't� • Mary A.Rlhika Assistant Secretary Form F6853 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—Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Comparry by their signature and execution of any such instruments and to attach the seal of the Company therefto. 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 scaled by facsimile wider 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 17'h day of February,1993. "Resolved,that the signature-of the President or any Executive Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company, "Article VI—Execution of Obligations and Appointment of Attorney4n-Fact Section 2. Appointment of Attomey-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact," This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17t0'day of February,1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact-" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17*day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of CALIFORNIA County of LOS ANGELES On May 7, 2004 before me, Sandy Hanner- Notary Public Date NAME, TITLE OF OFFICER,,"JANE DOE.NOTARY PUBLIC" personally appeared Pamela L. Stocks NAMES)OF SiGNER(S) ( 7--) personally known to me-OR- (—) proved to me on the basis of satisfactory evidence to be the personps) whose name(4 isln»subscribed to the within instrument and acknowledged to me that ll*she/#M executed the same in hWher/ftalc authorized capacity, and that by Fwher/W4 signature(s) on the instrument the person(S), or the entity upon behalf of which the pers+on(30 acted, executed the instrument. &'V =.—.— WITNESS y hand and o ial seal. SANDY HAt�INER Commission#1362157 Notary Pubfic-California t(3NA URE OF N(7TAFiY Los Angeles County 4My Comm.Expires Jul 2,2WS OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent tmuduient reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (_ } INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPS OF DOCUMENT PARTNER(S) (.,-_} LIMITED {®.} GENERAL NUMBER OF PACES { } ATTORNEY-IN-FACT (._..) TRUSTEE(S) (e) GUARDIAN/CONSERVATOR {i} OTHER DATE OF DOCUMENT SINNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-ro74Qd-$ NQ In accordance with the Terrorism Risk Insurance Act of 2002, we are provicling 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 lire Insurance' Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. ISCLOSM OF IM DRUM The premium attributable to coverage:dor terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSMEOR LOSSM The United. States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. form(7316 if 7 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ?; County of Santa Clara On May 10 2004 before me Janice T. Kruse,Not Public personally eared J.C. Y ! � � � p Y �p � < Truebridge&Ken Cox personally known to me to be the persons whose names are >' subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons, or >; ;s the entity upon behalf of which the persons acted, executed the instrument. rxrncE�: atUSE C"misaion# 13118697 s Mary PUb4C-Caftmaa WITNESS my hand and official seal, * ' �` � is Sig"Oature of Notary Public s Optional Information \1 > Title or Type of Document: Increase/Decrease Rider- Bond#929299732 *} Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shagell Industries,Inc. j`. Tl J) xj PR NCiPA.L TITLE COMPANY SURETY Shapell Industries,Inc. First American Title Co. Naligmt Firal Ingua iiIqL!,6�-wpany of Hartford 100 N.Milpitas Blvd. 1355 Willow Way,#101 5820 Canoga Avenue,Suite 200 Milpitas,CA 95035 Concord,CA 94520 Woodland Hills Clt 91367 Attn: Tom Simonson Attn.:Barbara Pinto Attn: Bond Dept. Phone:408-946-1550 Phone: 925-356-7025 818-713-2035 FATCO#787276 Bored No. 929 299 732 Tac year 2004 - 2005 Premium: $4040.00 BOI D AGAINST TAXES Tract 8688, N-213,Gallery,Gale Manch 11 KNOW ALL MEN BY THESE PRESENTS: Parcel#222-280-001-9, 222-270-001-1,222-27 002-9 THAT, Sbapell Industries,Inc.,_a Delaware cgMoration as principal and (Surety) ldational Firs Insurance Company of Hartford ,a corporation organized and existing under the laws of the State of CT ,and authorized to transact surety business in California as surety are held and firmly bound unto the County of contra costa, State of California, in the penal Sum of Five Hundred Thirty Eight Thousand Six Hundred and NO/100I301larS ($538 ,600.00" ),to be paid to said County of Contra Costa , for the payment of which will and truly be made,we and each of us bind ourselves,our heirs,executors,administrators and successors,jointly and severally, firmly by these presents. Sealed with our Seals and dated this 11th day of February 2004. The conditions of the above obligation is such that WHEREAS,the above bounded principal is about to file a map entitled Subdivision 8688 and covering a subdivision of a tract of land in said.County of Contra Costa and there are certain liens for taxes and special assessments collectdd 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, TI-MREFORE,if the said Principal,shall pay all of the taxes and special assessments collected as taxes which are a lien 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. Shape11 Industries,Inc.,a Delaware corporation National Fire Insurance Company of Hartford Prin ipa en Cox , Assn. Secretary "surety Pamela L. Stocks, Attorney-in-Fact, Ptl ipal Robert Moore , Asst. V.P. BOND REVIE'94ZD AND APPROVED CONTRA CCf3TA COUNTY TRE SUR COLLECTOR (notary acknowledgment attached) BY: if State of CALIFORNIA County of LOS ANGELES Can February 111, 2004 before me, Sandy Hanner-Notary Public Oat* NAME,TITLE OF OFFICER., "JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAMES)OF SIGNER(S) ( personally known to me --OR — (—)Proved to me on the basis of satisfactory evidence to be the person{.a) whose name(*is/swoubscribed to the within instrument and acknowledged to me that Wshe/JbW executed the same in his/her/Wax authorized capacity0mg and that by NWher/ow signature(tit)on the instrument nt the person(#), or the entity upon behalf of which the person(so acted, executed the instrument. }+-- — —— =-+-- — WITNESS y hand and offs ' l seal. # SAlVtW n 1113 I Ccsmtrtigsiots#F 1.313�'�57 t +: Notary Public-Cana S1C3NA E OF NIOTARY ' Los Angeles Ccumry My Comm.Exphn M2,2008 OPTIONAL Through 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 f? PARTNER(S) LIMITED {) GENERAL ( ) ATTORNEY IN•FACT NUMBER OF PAGES TRUSTEE(S) ( � GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) National Fire insurance Compary of Hartford SIGNER(S) OTHER THAN NAMED ABOVE Cr 107428.0 POWER OF ATTORNEY APPOINTING INDIVMUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Banner,Individually of Sherman Maks,CA,their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and can 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. 'Phis Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of:Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 14th day of October,2003. Continental Casualty Company # National Fire Insurance Company of Dartford (cwDf American Casualty Company of Reading,Pennsylvania as t,+�rt"� • Michael Gengler Selft V ice President State of Illinois,County of Cook,ss: On this 14th day of October,2003,before me personally carne Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations, OFFICIAL SEAL a Et.1M#e PRICE 001'YtlIY RUflC1C,iYATQ CFNIANOH W1 60"M""?"I My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board.of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 11th day of bn;l= 2004_ Continental Casualty Company National Fire Insurance Company of Hartford ,wet' +rrra a American Casualty Company of Reading,Pennsylvania Aly SEAL It. tea�'t Mary A.Rtbikaokis Assistant Secretary Form F6853-11/2001 Authorizing$y-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 TK---Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 170'day of February,1993. "Resolved, that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so execrated and sealed shall,with respect to any bond or undertaking to which it is attached,continue;to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI---Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 170i day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17`�day of February,1193. "RESOLVED: That the signature of the President, act Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 acrd 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 beating 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." 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 bands 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 Banding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Fi.remen's Insurance Company of Newark, NJ, and The Continental Insurance Company. CLO The premium attributable to coverage for terrorist acts certified under the.Act was Zero Dollars ( 0.00). saga The United States will pay ninety percent (90%)of covered terrorism losses exceeding the applicable suretylinsurer deductible. Form F1310 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County On. �1 'ti.� r'`1. before me Usta Na"*arA CHfkEr(e.g..'Jane Doe. ary Pub&) personally appeared , mC-- Name(e)of Signer(e) r�Pnally known to me ❑ 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 Iah �- -- acknowledged to me that J:A/sale/they executed DENISE L CRiSTIAiNO the same in Vsl$er/their authorized Commission if 1290216 capacity(ies), and that by �t/t�r/thelr .• .� Notcory Public --- Californic signature(s)on the instrument the:person(s),or Contra Costa County the entity upon behalf of which the person(s) My Comm.Expires Mar 5,2C#J5 acted,executed the instrument. WIT SS my hand and offici swh US-17 101 Signature atary ubl OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual 7pp of ihurr here 13 Corporate Officer—Tiile(s): Partner—•❑Limited G(general ❑ Attorney-in-Fact El Trustee j ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ®i 999 National Motary Asaoaletbn•9350 Oe Sato Ave.,P.�1.Box 2A02*Chatawo:ih,CA 91313.2402•www.natinnalnatary.org Prat.No.5907 Reardar:Cali Tali-Free t-800-878.6827