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RESOLUTIONS - 01012004 - 2004-420 (3)
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 3, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NOME XBSTAIN: NONE REStILU' ION IVDC ;:2-004/ 421 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 02-08686, being developed by Shapell Industries of Northern California,a%Division of Shapell Industries,Inc.,a Delaware Corp.,San Ramon(Dougherty Valley)area.(District III) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 02-08686, property located in the San Ramon (Dougherty Valley)area,Supervisorial District III,said map having been certified by the proper officials. R. Subdivision Agreement A subdivision agreement with Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp.,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 subdivisionagreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator:Public Works(ES) on the date shown. Contact: Teri Rit(313-2363) JY.rm G.-CGrpData\Eng5vclBO\2004\08-03-641SD 8686 BO-21.doc cc: Public Works—T.Belt,Construction ATTESTED: AUGUST 03, 2004Current Planning,Cormntnity Development T-June 3,2005 JOHN SWEETEN, Clerk of the Burd of Supervisors and Shapell Industries of Northern California County Administrator Attn:S.Savage&S.Worden 100 N.Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance Company of Hartford Woo Canland Hi Ave.,Suite 200 $�r �7 �Deputy Woodland Hills,CA 9136' RESOLUTION NO.2004/ 421 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 02-08686, being developed by Shapell Industries of Northern California„a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley)area. (District III) DATE: August 3, 2004 PAGE: 2 A. Cash Bond Performance amount: $16,900.00 Auditor'sDeposit Permit No. 426873 Date: June 24, 2004 Submitted by: Shapell Industries of Northern California,a Division of Shapell Industries, Inc., a Delaware Corp. Tax ID Number: 95-2578030 B. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number: 929299750 Date: June 11, 2004 Performance Amount: $1,670,500.00 Labor&Materials Amount: $843,750.00 Principal: Shapell Industries f"dtt 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 reap 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$222,700.00,with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: National Fire Insurance Company of Hartford Bond Number: 929299728 dated January 20,2004 together with Bond Increase Rider dated: June 17,2004 Amount: $222,700.00 Principal: Shapell Industries ixiciu # i Inc., a Delaware Corp. NOW,THEREFORE, THE FOLLOWING IS RESOLVED- 1. ESOLVED: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. 2004/421 SUBDMSION AGREEMENT {Gov.Cale,§§66462 and 66463)Subdivision: R "pia j i Effecthre[tate: Subdivider. � ud Completion Period: THESE SIGNATURE ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVI R Matefce tut.Shia,Public Works Direcfdt By: P i Mame r RECOMMEND OI#OPROVAL: Print Tltie By: t Hama n9a ng noon hvtsu Print Title FOR APPROVED: Silvana B.Marchesi,County CounselNt M:All signatures must be acknowledged.4 ubdivider iS incorporated,the contract must be signed by two officers.The first*Wture must be that of the chairman of the board,president,or vfoe-president the second signature must be that of&se secretary, assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of Calffomia } M County of ) On the dal written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for personally known to me(or proved to me on basis of satisfactory evidence)to be the person(s)whose name(s)Ware subscribed to the within Instrument and acknowledged to me thathetshelthey executed the same in hisfherltheir authorized capacfiy{'les),and that by hisiberltireir signature(s)on the Instrument the persons),or the entity upon behalf of which the person(s)acted, executed the Instrument WITNESS my hand and official seat. Dated: Notary Public (Notary Seaf) 1. PARTIES&DATE.Effective on the above date,the County at Contra Costa,California,(hereinafter"County`)and the above-mentioned Subdividermutually promise and agree as follows conceiming this;subdivision: { 1 tf,d4JQV_EMENTS,Subdivider agrees to install cartain road improvements(both public and private),drainage improvements,signs,street fights,lira hydrants,landscaping anis such otter Improvements(including appurtenant equipment)as required in the improvement pians for this Subdivision as reviewed and once with the Contra Costa County Public Woks Department,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Owdinarce Code,including future amendments thereto (hereinafter"Ordnance Code'): Subdivider shall completa said improvements(hereinafter"Work`)within the above completion period fromdate hereof,as required by the California Subdivision Map Act(Gm Code,§§660 at seq.)in a good workmanlike manner,In aoeordaroe with accepted construction practices and in manner equal or superior to the ragalremenis is the Ordinance Code and ridings rade thereunder;and where there is a conflict among the frnprovemert pians,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENTS SECURITY. Upon executing this Agreement the Subdivider shalt,pursuant to Gov.Code§66499 and the County Ordnance Code,provide as security to the County: A. For Performance and Guarantee;$ 16 900.00 cash,plus additional security,in the amount of$��'�which together total the hundred percent(100%)of the estimated frost of the Work. Such additional preserMd in the form of: Cash,certlfied crus or cashier's check. Acceptable corporate surety bond. _Acceptable irrevocable letter of credit. Wffhtusseeu*,Subdividerguarantees performance under this Agreement and maintenance cofthe Woos forone yew after its comptetionandacceptance againstany defective workmanship or materials or any unsatisfactory performance. B, For Pent: Security in the amount:$ 9405, .Owl,which is fifty percent(500%)of the estimated cost of the Work.Such security is presented in the format. Cash,certified check,or cashier's check Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable tetter of credit. (Rev.9103; Page 1 of 2 With this security,Subdivider guarantees payment to the contractor,to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduces ,n accordance with Sections 944.406 and 9441.408 of the Ordinance Coda 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the 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.Subdivider agrees to correct,repair,or replace,at Subdivider°s expense,any defects in said Work. The guarantee period does not apply to road Improvements for private roads that are not to be accepted into the County road system. S. PLANT ESTABUSHMENTWORK,Subdivider"s to perform plant astablishmentwork for landscaping Installed underthis Agreement Said plant establishment workshe# 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 an sure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the.Board of Supervisors accepts the Work as complete. 6. IMPROVEMENT PLAN WARRANTY.Subdivider warrant 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 anytime before the Board of Supervisors accepts the Work as complete or du6rq the one year guarantee period,said improvement plans prov#to be inadequate in any respect,Subdivider shah make whatever changes are necessary to accomplish the Work as promised. 7. NO WAIVER§Y COUNTY. Inspection of the Work andtor materials,or approval of the Work and/or materials or statement by any officer,agent or employee of the County indicating fdte Work or any part thereof compfles with the requirements of this AgreemeK 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,shah not relieve the Subdivider of Its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. jKENMIITY, Subdivider shall defend,hold harmless and Indemnity the Indemnitees from The liabilities as defined in this sedan: A. The inde miftees benefitted and protected by this promise are the County and its special districts,elective and appointive boards,commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal in]ury,death,property damage,inverse candemnatkm,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 Imp vvement plans or accepted the Work as complete,and Including the defense of any sins),action(s),or other proceedimg(s)concerning said liabilities and claim. C. The aeons causing trafohlttt are any act or omission(negligent or non negfiger it)in connection with the matters covered by tttls Agreement and attributable to Subdivider,contractor,subcontractor;or any ofticer,agent,or employee of one or more of them. D. NorCondiflons.The promise andegreement In this section arenotcDnifitioned or deperidenton whetheror not any indemniftee 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 from any negligent or willful misconduct of any indemnitee. 9. COSTS.Subdivider shah pay,when due,all the costs of the Work,including but not limited to the costs of relocation of existing utilities required thereby;inspections;material dhecksand tests;and othercosts incurred by County staff arising fromorrelated to the Wotfr,and prirnieac eptancsoftheWorkascompieleorexpirationofanyappliartlewa"periods, whichever is later. 10. SURVEYS. Subdivider shall set and establish survey monuments In accordance with the fried map and to the satisfaction of the County Road Commissihner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. it. NON-PEI FORMANCE AND COSTS. if Subdivider fails to complete the Work within the time specified in this Agreement and subsequentextensions,or fails to maintain the Work,County may proceed to complete and/or maintain the Work by contract or otherwise and Subdivider agrees to pay all costs and charges incurred by County(including,butnot limited to,engineering,Inspection,surveys,contract,ovetlt W,at)immediately upon demand. Once action Is taken by Cot"to complete or maintain the Work,Subdivider agrees to pay all costs incurred by County,even 0 Subdivider subsequently completes the Work Should County,sue to compel performance under thIs Agreement ofto recover costs incurred in completing ormaintainimg theWork,Subdivideragreesto pay all attorney's fees, staff costs and all other expenses of litigation incurred by County in connection therewith,even 9 Subdivider subsequently proceeds to complete the Work. 12. INCORPORATION/ANNEXATION. if,before the Board of Supervisors accepts the Work as complete,the Subdivision is inciuded in territory incorporated as a City or is annexed to an existing city,except as provided in this paragraph,Cwnty's rights under thisAgreementand/or any deposit,frond,or letter of credit securing said rights shall he transferred to the new of annexing city.Such city shah have ah the rights of a third party beneficiary against Subdivider,who shag AM all the temp of this Agreement as tholo Subdivider had oomacted with the city originally.The provisions of paragraph 8(Indemrtity)shall continue to apply In favor of the indemnitees listed In paragraph S.A.upon any such incorporation or annexation. 13. RECORD MAP. In consideration hereof,County shag aitnw Subdivider to fie and record fie final nap or parcel map for said SubFdivislom 14. RIGHT OF ENTRY.Subdivider hereby consents to entry onto the Subdivision property,and onto airy other property overwhich Subdivider has land rights and upas which any portion of the Work is to be installed pursuant to the Improvement plans,by County and its form,including contractors,for the purpose of inspection,and,In the event of non-performance of this Agreement by Subdivider,completion and/or maintenance of the Work. Form Approved by County Counsel [Rev.9103] H:tFinaAPWtlW-SubAgmt.9,03:wpd Page 2 of 2 .................................................................................................................................................................................. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On June 18,2004,before me, Janice T. Kruse, Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. MAN MCE T.KRUSE Commission# 1318697 WITNESS my hand and official seal. Notary Pub0c-Calffornia Santa Clara County MVC0M.Exp#"AW24,=4 Si of afore Notary Public a e of 1,4 Optional Information Title or Type of Document: Subdivision Agreement Capacity Claimed by Signer: Assistant Vice President and Assistant Secreftry o Shapell Industries,Inc. C ka r Y jR W� 05 it 3�� L y' H d !C, 01 it Ln 2 V~i 92iz- Ybt~n xi7a } N x ZZ a � F K W p ZAL o a 51 lid coK d as lura ba �3 ' S e4c3 W$ d �, wa ` Pf Kew 10 m d s � ,sry � f` ads6 ¢ 4z, PEN 13 CL go Sca S ski az godz �z �#r3 Km# 5 ., 71 FnI�„ zt,0 bdyjZ .,Cm � W �wLF3i icy?, Zi W p�^ ZC} �NtiW 2K�W CU< Rd. 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I PK if rr w° 23 -`sat► -stes--tom i_ r4trir ss 9r g 66 Olt `-.Zt o 1SZZ F9_i7S Z9' �� "v 013 3fI?!Q Ct{1CJg9SY8 o = 94FZN 09, "i• t Dt ,L33HS s3s :>cs.s .mx.w�ca a:�»..nx>•w.�stsn»moiuna�.aotte�ewsav+a .............................................................................................................................................. ................................... 2� 6 W E N cc 6 1 6 K CD -:008 Q is9 �Wca E2 CO Q o. U C> rx tg ti 0-0 550' Ml E 6 6 2.1 P-� , i-5 .E I r� 0 FS W. 9EZMMLI - VE;6 5-� - 0 1 6- 8�- , = till CS z�I -, z W, C4 rn: 0 co gnp-rd L C,C) U) 311W Q C�C� IM r,zi ZI ZS 1+1z;zi --!M 69,og tw I ,Oti oft i- f 7 ff7_ 9ai:N 09, .9a ruSig I a *rw I,gvzz 01 L ,66'tu 3.09.9arzv SAW aoo*,VSyg SO Gni OUafeAl thJtJT�iT T tiJR" g^4 t�Rtri 1.1J,i(M - ........ .. ......... DIEPO FER1 OFFICE OF COUNTY AUDITOR-CONTROLLER tQTFI TREASURER: AkARTINEZ,CALF<)RNI4 tECEIVED FROM {ftom} ORGANIZATION NUMBER_' J (For Cash CoUctionNDcedures no County Adunistraior's 8t&m to&) DESCRIPTION FUND/ORM TASK OPTION ACTIVITY AMOUNT .� $ ! 6111. t 1'�i ` T4 x_q 00 } Y' / 1 Out ( f Do �W ! ! t 1 t ! EX,LAVATION: 1 =r H / i` t TOTAL DEPOSIT of � , .1J g% _ COIN and CURRENCY $_ ._ .� ?f CHECKS.MQ,ETC BANK DEPOSITS FOR AMMR-CONTROUER USE ONLY DEPOSIT PERMIT DP NUMM DATE> 42687_ 2 The amount of ASSIGNED t Y described ab" is for Tret�surer's receipt of above omount is .deposit into the Gotxrty Ttrwst+��e °Ppd. Receipt of obese amatrnt is hr4Y �'DatC.�L�� aCICnpN�ledK�bd. Tt r t lJ tr' EXT. 'i s 7 Sg d: •34 REV.{7.43} Y y Treasu►er _....... ......... ......... ......... ......... ......... ......... ......... ............_._. .. .. ......... ......_..... ......... ..._..... ......... ......... ......... ......... ......... ......... ......... ................... _. ......... ......... . ........ ......... 0649-9665 / 831000: 61139202, Shapell Industries of Northern California, 100 N. Milpitas Blvd., Milpitas, CA 95053 $2,150.00, Sub 8686 Final Map $79,400.00, Sub 8686 Inspection 0649-9665 / 831000: G1139204, $2,500.00, F504 00010-6L83PV, Fee for Service, belco Builders, 3480 Buskirk Ave, Suite 260, Pleasant H'il'l, CA 94523 0649-9665 / 831000: 61139210, $7,050.00, DP 03-3034, Development Plan Improvement Inspection iDeposit, Sprint United Management Company, PO Box 7977, Shawnee Mission, KS 66207 0649-9665 / 831000: 61139211, J. Patricia Vader, 3001 Dwight Way, Berkeley, CA 94704 $1,600.00, MS 08-03, Minor Sub Map Check $.1,000.00, MS 08-03, COA Compliance Check 0649-9665 / 831000: G1139212, $1,400.00, FCP 627-04, Flood Control Encrachment Permit Review, Shea Homes Northern Calif, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: 61139202, $16,900.00, /Sub 8686, Cash Bond, Shapell Industries of Northern California, 100 N. Milpitas Blvd., Milpitas, CA 95053 ......................I.................................................... COUNTY F CONTRA COSTA - GENET RECEIPT THIS COPY IS 4-55.;-� 22 , 2uo4 G 1139202 DEPT. '2000 NOT A RECEIPT PO(Ar-(L,�- AjV , 0/ , /(,;1 Al /-) //LA-1 ......... .................. q c-L-c-,--,?c% 6)VO .00, Fi� FOR ue//-) I 's 00 T7 INAL- -Q L,4�5) � 2, 14->0 .00, �XT ot-,"T f*c-L-(M-Z-1 CASH ACCT. BAL. RECEIVED FROM CHECK AMT. L TQ it: 10,1rou ,�Tk--Tr L - I 0C NL)(ZtlAl- J- L.I FOY2 N i PAID MONEY BAL. It T- ORDER DUE By: (D57.FIEV.7/89) J .......................... Subdivision: Tract 8686/NAEf5 1{apasea.Gale Ranch 11 Bond No.: 929 299 750 Premium: $12,530.00 86 Lots(57 Rose Carden&29 Villapaseo) IMPROVEMENT SECURITY FOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Payment) (California Government Code§§ 56499-66499.10) t l. RECITAL OF SUBINVISICIN AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Centra Costa to install and pay for street, drainage and other improvements in Subdivision T`8& It J /Viflapaseo as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OI�LIGATION: Shapeli industries of Northam Caiifomia A C3fivisfion of Shapeli Industries,fine,a Delaware Corp. as principal and National Fire insurance Company of Hartford , a corporation organized and existing under the laws of the State of GT and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa,California to pay as follows: A. Performance and Guarantee: One mnii n ix Hundred Set nty.Thousa d g Hundred Na1100... Dollars($_1,670,600-00" _)for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Eight Hundred Forty Three Thousand Seven Hundred Fifty No/100**` Dollars ($$843,750.00*" )to secure the claims to which reference is Made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that ifthe above bonded principal, or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers,agents and employees,as therein stipulated,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered, .......................................................................................................................................................................................................................................................................... ......... B. The condition of this obligation, as to Section (2.13.) above, is such that said -principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by the surety; and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND SEALED on June 11,2004 ShapeH Industries of Northern California,a Division of Shapell PRINCIPAL: Industries,Inc.,a Delaware Corp. SURETY: National Fire Insurance Company of Hartford Address: 100 N.Milpitas Blvd. Address: 5820 Canoga Avenue,Suite 200 City: Mw�ftas'CA, Zip: 95035 City land Nils, —. 9-1367 BIt By-L24 Print — — Name: 12- tho-Dre-? Print Name: Pamela L.Stocks Title: Title: Attorney-in-Fact By: Print Name: ke.&. Cc A— Title: WORDTN-12.1oc ..................... _........ ........_ ._._... ......... __..............._.........._......._............................................._......_... __ .. __ . ........ ........ ....... ........ ........ ......... ....... ........................................................... POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania{herein called"the CNA Companies"},are duly organized and existing corporations having their principal offices In the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seats herein affixed hereby make,constitute and appoint Pamela L.Stocks,Beverly A.Hail Sandra V.Hanner,Individually of Sherman Oaks,California their true and lawful Attomey{syin-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,pndertakings 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 Whereo€,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 3rd day of August,2001. tti a Continental Casualty Company cowo ` National Fire Insurance Company of Hartford AXY 31. American Casualty Company of Reading,Pennsylvania SEAL Is Michael Gengler Group Vice President State of Illinois,County of Cook..ss: On this 3rd day of August,2001,before me personally came Michael Gengler to me known,who,being by me duly swam.did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described in and which executed the above instrument;that he knows the seats of said corporatlons;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. i OP � + lleMrY;1i�11.tilrts�l'rMeais � �r+----'�� 111 pMwYMWwlob"onwol • My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty ComPany,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the Eby-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 qtr hereunto subscribed my name and affixed the seal of the said corporations this 1 1 th day of -,-.2004 . _ t�'�'T !lISINI Continental Casualty Company owo"v tir National Fire Insurance Company of Hartford �= + American Casualty Company of Reading,Pennsylvania SEAL SL � nnrst. { , Q-1?� fool 'p (Rev. 1/23/01) Mary A.Ribikawskis Assistant Secretary ................I.....................I.........I..........-..... .......I...........................I..............I..,..........................................................................................................................................- 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--Executton 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 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 aftomey-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 DirectoT of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-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: ThisPower 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 lit-- xecutton of Obligations and Appointment of Attorney4n-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 Comparry 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 seat 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 aftomey-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 caged and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of tpe Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article V1 of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." 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 duty adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys4ri-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 seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duty called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice Presideml: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 seat 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 seated,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." ............................ ...................................................... State of _--_ Califomia County of Los Ancteles On June 11,2004 before me, `-- -- Sandv Hanner- Notary Pub iic_____ Date NAME, TITLE OF OFFICER., -IANE DOE. NOTARY PUBLIC- personally appeared Pamela L. Stacks NAME(S)OF SIGNEIR(S) I { ) personally known to me -OR - (—) proved to me on the basis of satisfactory evidence to be the person(zt) whose name(,q is nmmubscribed to the within instrument and acknowledged to me that btiWshe3tW executed the same in bdWher/txtr authorized capacityOgs, and that by Nwherjn signature($) on the instrument the person(K), or the entity upon behalf of which tate person( acted, executed the instrument. SANDY H WtTNE my hand anti of seal. ' A Commission#1362157 .•. . Notary Put fc-Canomte Los Angel"Ciwrdy SIGA RE NOF NOTARY MY Comm.Expires Jut 2QOfi OPTIONAL Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) ( _j LIMITED { j GENERAL NUMBER OF PAGES ATTORNEY IN-FACT (_....j TRUSTEE(S) {) GUARDIAN/CONSERVATOR {_ _) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING. NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE �•tQ]t2lS•8 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company,Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reacting, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. J)jSQLQaVRE. IM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DJ-S-QLQSIMB OF FEDERALPA)MNT OF.T RRd IS LOQ The United States will pay-ninety percent (90°lu) of covered terrorism losses exceeding the applicable suretylinsurer deductible. Farm F7310 ��v�Uv'�`�.�-�,�v.,1'�,1.,vviv,,.�,%�i�'v,ti�"'-�ti,v�.'^✓v`^'`v',,u'y,;�`^ v�;~^v``�,^���'`n;.''y. lv."i;�.ti.:��.v.:.i,•1i`,�"i'isn.v`ivf✓"�""rw1%,nw"`�'�r�v.,^`n'�'`✓vn.�.`'%vh''.�:. .vvwv`'' S r ) S}) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California >S J `} County of Santa Clara > s On June 18,2004,before me,Janice T. Kruse, Notary Public personally;appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or ?' the entity upon behalf of which the persons acted, executed the instrument, -OJOCE t KRUSE s4 WITNESS my hand and official seal. � Coram # t 318 7 � i Nolary .CaVamia �a Clara Co Si store of Notary Public Optional Information �> s s Title or Type of Document: Improvement Bond#929299750-Rose Garden & 5? Villaoaseo z s; Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of , . z5 Shapell Industries,,Inc. <t C\ I ss f' VOl6,' TlE* 8 7/13/04 FATCO$42 6686 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 104 P. Q. Box 631j'`/ Russell V.Watts C Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchel/ (925)646-4135 FAX "1 Tax Operations Supervisor I date: 7/13/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 8686 SAN RAMON 65405 Parcel#: 222-240-007-5 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2008-2004 tax lied has been paid in full. Our estimate of the 2004-2005 tax lien, which ' became a lien on the first day of January, 2004 is $222,700.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be presented to the County Tax Collector for revlewand approval of adeguag-v of security r to riling with the Clerk of the Board of Supervisors. Secur�t for 8986;rna be covered throe h a rider for bond#929 299 728 uyhich covers.se irrlty"fOr'8685 WILLIAM J. POLL.ACEK, Tress r-Tax I ctor By: ' L CMA Ery ISSt.lED IN TRIPLICATE ORIGINALV su�y Tracts 8685&8686 Parcel#222-240-007-5 increase -Decrease Rider National Fire Insurance' TO BE ATTACHED TO and form part of Bond Number 929 299 728 Issued ay the Company of Hartford a5 Surety,on behalf of Shapell Industries,Inc.,a Delaware Corporation of Blvd. Mil ltas CA 95035 hereinafter referred to as the Pr'mcipal,and in favor of County of Contra Costa Of Tax Collector's Office,625 Court Street,Finance Building,Room 100,P.O.Box 631 Martinez,California,94553 hereinafter referred to as the Obtigee,effective the 20th day of Januam 2004 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 11th ----- day of June ., 2004 y end Sub}ect to all the terM5, conditions and limitations of the attached bond,the penal sum thereof shall be and the same is hereby Increased from the Sttm of Two Hundred Eight thousand Three Hundred and Nu/100 ars( $ 08.300.00 )r to the shill of Two Hundred Twenty Two Thousand Seven Hundred and No 100 Dollar$( $222,700.00 ) IT IS FURTHER UNDERSTOOD and agreed that Subject to all the terms, conditions and limitations of the attached bond, the aggregate ttability of tate Surety for any loss occurring prior to said date shall not exceed the sum of Two Hundred E' ht Thousand Three Hundred and Noll GO Dollars(_ MVOo.oa _ } or for any bass accurriag subsequent to said date shall not exceed the scan of Two Hundred Twen!X Two Thousand Seven Hundred and No1100 Dollars( $222,700.00 � In no event,however,shall the aggregate liability of the Surety exceed the larger of the eforementloned sums,it being the Intent hereof to preOude cumulative liability. SIGNED,SEAI.,EO AND DATED this 17t4day of June 2004 Accepted By: County of Contra Costa Shapell Industries,Im a Delaware Corporation (P at) S : By: 7 fSeal) DATE: BOND REV EWER AND APPREC3V D National Fire Insurance Company of Hartford CONTRA COSTA COUNTY 'rwl T RE ' ',RT R : {Seal} � `� Gi 'Shea Attorney-in-fact SUR-23189-D State of CALIFORNIA County of LOS ANGELES On June 17 , 2404 before me, Sandy Hanner-Notary Public Cate NAME, TITLE OF OFFICER„-JANE DOE.NOTARY PUBLIC" personally appeared Gina O'Shea NAME(S)OF SIGNER{S} ! (X} personally known to me-OR- (.._._.) proved to me on the basis of satisfactory evidence to be the person(t) whose name{4 ishafttsubscribed to the within instrument and acknowledged to me that bbishellba executed the same in hirlher/Walt authorized capacity{ , and that by ft lherlt€ signature(IIt) on the instrument the person(g), or the entity upon behalf of which the person(so acted, executed the instrument. SANDY HANNERWITNESS hand and offs ` I seal. Commission#1362157 -aw Notary Public-California ¢ Los Angeles County iSIGNATU E OF NOTARY My Comm.Expires Jul 2,2006 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document ,and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT {} INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE>OF DOCUMENT {__} PARTNER(S) (___) LIMITED {_ _) GENERAL NUMBER OF PAGES ( } ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR ( _} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S)OTHER THAN NAMED ABOVE G-1®7426.6 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 Stacks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seat and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- i and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 16th day of April,2004. Continental Casualty Company National Fire Insurance Company of Hartford y towposur� `� '"�otnawrE American Casualty Company of Reading,Pennsylvania MY s>rAL Y t' I a97 xa .. Michael Gengler Sent�Vice President State of Illinois,County of Cook,ss: On this 16th day of April,2004,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 seats;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 ELtzA PRICE tiOTurr Mxwc,ro;srarPOF azWwar �v�onawsr��nea:aw�rrae My Commission Expires September 17,2006 41fizalPrAice Notary Public CERTIFICATE I,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 wher� bl}avc hereunto subscribed my name and affixed the seal of the said corporations this 17 th day of: June u `+ Continental Casualty Company National Fire Insurance Company of Hartford aoOE 0=rA American Casualty Company of Leading,Pennsylvania ta97 �► cpd Mary A.R ika is Assistant Secretary Farm F6853-11f2001 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 AttorneyAn-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#t 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 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 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 2 of Article VI of the By-Laws, and the signature of the Set:retary 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`h 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 seat 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 seated,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 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 Ponding 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. DISC'OSM OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE D R I INN PA T TRRROR:CS The United States will pay ninety percent (00%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 1/.✓V�\J' "^n.�V✓�� �/".�,'V'W\�.�./�.'v .'lrwn \'v^."./�. \� 'V �`' i^�^.. \;�+."Vii"vtJ.,iV`✓vY�hV+.Nv^✓\/�/ti.1/�./.�.`W'�/V�l�v^./y'.v'�.^.✓V�l'�-V�.n✓�i'�i ((\\JJ �,f�,s�.ryn. w_` 1«1l.'��!*h.+�\'V\�'V.�\. '�n_'u \1i1.. .,..^...V.r vv �Jti. _ ✓„ u ., - .i � ."l..n..n.r\h/`./�It/'.iv"/V`././✓"✓�.n.f✓✓�,�V:.i^.N^n/'.✓'u'�/..✓V./\.N'W�✓�/✓� i� S)tSJ1 \l CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT � State of California s> s County of Santa.Clara �S On June 21,2004,before me,Janice T. Kruse,Notary Public personally lappeared Marie A.Cook,known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument,the person or the entity upon behalf of which the person acted,executed the instrument. 4� SS JMICE T.KRUSE } ct7�ttmissictn#1318647 WITNESS my hand and official seal. .r iyotary PubNc-caltomia Saha cksrtx county �g > t�yCcxr �/ 24, Si ature of Notary Public SS �� Optional Information. `s <� Title or Type of Document; Increase/Decrease Rider Tract 8685 & 8686 7 Capacity Claimed by Signer: Senior Vice President for Shanell Industries of Northern California—A Division of Shaneli Industries.Inc. s `;� is PRINCIPAL. TITLE COMPANY SURETY Shapell Industries,Inc. First American Title Co. National t ire Insurance Company of Hartford 100 N.Milpitas Blvd. 1355 Willow Way,#101 5820 Canoga Avenue,Suite 200 Milpitas,CA 95035 Concord,CA 94520 Woodland Hills,CA 91367 Attn:Elaine Rojo Attn.:Barbara Pinta Attn: Bond Dept Phone:408-946-1550 Phone: 925-356-7025 818-713-2035 FATCO#879992 Bond No. 929299 728 Tax year 2004 _2005 Premium: $1,562.00 BOND AGAINST TAXES Tract 8885, Gale Ranch##,N-14,Rose Garden KNOW ALL MEN BY THESE PRESENTS: THAT, Shmell Industries Inc. a Delaware corporation as principal and (Surety} National Fire 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 r,Two hundred eight thousand three hundred Dollars (S 208,300.00 ),to be paid to said County of Contra Costafor 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 20th day of January, 2004. The conditions of the above obligation is such that WHEREAS,the above bounded principal is about to file a map entitled Subdivision 8685 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 collected as taxes,against the said tract of land covered by said map,which taxes and special assessments collected as taxes, are not as yet due or payable. NOW,THEREFORE,if the said Principal.shall pay all of the taxes and special assessments collected as taxes which are alien against said tract of land covered by said map, at the time of the filing of said:nap of said tract, then this obligation shall be void and of no effect,otherwise it shall remain in full force and effect. Shapell Industries,Inc.,a Delaware corporation National Fire Insurance Company of Hartford A Pr�al Surety Pamela L. Stocks, Attorney-in-Fact P41 cipal (notary aclmowled;mcnt attached) POWER OF ATTr "NEY APPOI'-Fn1 iG Zi'D VIDUAL ATTO' "EY-LY-FACT Know All`Tien By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a :onnecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies'}, re 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 ignatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hill,Sandra V Fanner,Individually )f Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,scat and execute for and on their 7ehalf bonds,undertakings and other obligatory instruments of similar nature I -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 14th day of October,2003. cWtr Wwk , Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania fi n 3 � a � >t8Y 3i, : OV SEAL 7 897 i + Michael Gengler Senqr Vice President State of Illinois,County of Cook,ss: On this 14th day of October,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 ELIZAOM PRICE NOTARY arAre a■k.sKaa► rn COMAdOXION ou wax erns"+ My Commission Expires September 17,2045 Eliza Price _ Notary Public CERTMCATE 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 he reverse hereof still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this z day of Y . 2004 c Lr *suit Continental Casualty Company National Fire Insurance Company of Hartford aOPP°AA*e ° a >� American Casualty Company of Reading, Pennsylvania JULY 34' �J SEAL ''2 �°�.;,� �t f9et �T 7 897 itAif'45 • + '(t-.^C7 Mary A. ikafjkis Assistant Secretary Form F6853-1 112001 State of CALIFORNIA County of LOS ANGELES On January 20, 2004 before me. Sandy Hanner-Notary Pubic Date NAME. TITLE OF OFFICER., JANE DOE, NOTARY PUBLIC' personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) t (X) personally known to me OR —(_..,_) proved to me on the basis of satisfactory evidence to be the personps) whose name(54 is/Agmubscribed to the within instrument and acknowledged to me that ktWsheJ#bey.executed the same in € rJher/=!W.authorized capacity{; and that by Wher/**W signature(n) on the instrument the person(X), or the entity upon behalf of which the person(4 acted, executed the instrument. .4 .... WITNES y hand and offici !. sANiDY!MANNER _] Commission 0 1362157 %.. my Notary PUblic-CaHfomia r SIGNATURE OF NOTARY Los Angeles County Comm.Expires Jut 2,2006 OPTIONAL IONAL Though the data below is not rewired by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT {_) INDIVIDUAL {_) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) {_) LIMITED {_ _} GENERAL NUMBER OF PAGES {X) ATTORNEY-IN-FACT {r } TRUSTEE(S) {�) GUARDIAN/CONSERVATOR {�) OTHER DATE OF 03CNENT SIGNER IS REPRESENTING. NAME OF PERSON(S) OR ENTITY(IES) National Fire €nsurarce Comoarry of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426-8 N TI E In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one car more of the following companies (collectiv4ly 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 Firdmen's Insurance Company of Newark, NJ, and The Continental Insurance Company. �7�( 7,QS1MB OF MINn'LrVT The premium attributable to coverage for terrorist acts certified under the Act was Zero :Dollars ( 0.00). Dlr,S('7 OETRE OF F D ,RAL PARTICSPa'ITIOiV IN F-A ,Y'LVMNT OF TBRRORISYI The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable suretylb surer deductible. Fo(m tT310 : S> CALIFORNIAALL PURPOSE ACKNOWLEDGMENT �y State of California #County of Santa Clara z� On January 23, 2004,before me, Janice T. Kruse, Notary Public,personally appeared, Marie A. Cork and 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 t� persons, or the entity upon behalf of which the persons acted, executed the instrument. t s 14NICE t KRME CommLm$on# 1318697 Nocry?utkc-caftwha WITNESS my hand and official seal. sonic cs=county Comy, ig Av24s,> Signature of Notary Public . tr Optional Inrorr ation ` S Title or Type of Document: 2004-2005 Bond A ainst Taxes #929299728,Tr. 8685 >1 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of „ Sha»ell Industries,Inc. S S� 0JQ Ai_R 2/19/04 x,15104 FATCO $42 8685 Tax Collector's Office haliam J.Potlacek 325 Court Street Contra County Treasurer-Tax Collector =inance Building, Room 100 D. 0. Box 631C Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-T�x Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX "7 Tax Operations Supervisor s Cate: 1/5/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2808) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 8685 SAN RAMON 66405 Parcel#: 222-240-007-5 and have determined from the official tax records that there are no unpaid County;taxes heretofore levied on the property included in the map. The 2003-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $208,300.00 This tract is not subject to a 1915 Act Band. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision band must be presented to the County Tax Collector for review and approval of adequacy ofsecuritVprior to riling with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasu - x C le r By: �.+✓ TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: August 3, 2004 SUBJECT: Approval of the Final M!E and Subdivision A eement for Subdivision 02-08686. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND ANIS JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 421 for Subdivision 02-08685, approving the Final Map and Subdivision Agreen)ent,being developed by Shapell Industries of Northern California,a Division of Shaped Industries,Inc.,a Delaware Corp.,San Ramon(Dougherty Valley)area. (District III) FISCAL IMPACT: None. BACKGROUND/REASO�F„LS)FOR RECOMMENDATION(S): The developer has satisfied all Conditions of Approval for this project. CONSEQUENCES OF NEGATIVE ACTION: The Final Map and Subdivision.A eme ill not b Continued on Attachment_ Signature: RECOMMENDATION OF COUNTY ADMINIS BATOR I COMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S). ,; ;.r -~' ACTION OF.8 ON APPROVED AS RECOMMENDED XX OTHER 7 I hereby certify that this is a true and correct copy of VOTE OF SUPERVISORS an action taken and entered on the minutes of the XX UNANIMOUS{ABSENT Board of Supervisors on the date shown. AYES: NOES: ABSENT: ABSTAIN: Originator;Public Works(ES) ATTESTED: AUGUST 03, 2004 Contact. Teri Ric(313-2363) JOHN SWEETEN, Clerk of the Board of Supervisors Tran, e:\GrpDat"ngSvolBO\2004107-20-04\SD 8696 Orftr.doc and County Administrator cc: Public Works--T.Bell,Construction Current Planning,Conavunity Development T—May 13,2005 Slzapell Industries of Northern California Milpitas Blvd y ly�� � ' Deplaty Milpitas, as,CA 95035 National Fire insurance Connsany of Hartford 5830 Canoga Ave.,Suite 200 Woodland Hills,CA 91367