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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-200 t Co Recorder Office C4��RA �0A . Recorded at the request of: IN.�, AIRCler .Recorder Contra Costa County DOC2000-0119723--00 Board of Supervisors Return to: %adnssday $ RPR 06, 2005 14:09:IS Public Works Department FRE $0.00 Engineering Services Division Tt L Pd $0-00 -Nb 1- 026 9 0 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 5, 2005, by the following vote; AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER ANIS UILKBIIA NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE i�SOIUTI�JN N(J. 2005/ 200' SUBJECT: Accepting completion of improvements for Right-of--Way Landscaping Agreement for Subdivision 02-08683, San Ramon(Dougherty Valley) area. (District III) These landscape improvements,are approximately located along Bollinger Canyon Road between Dougherty Road and South Wedgewood Road. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements in Subdivision 02-08683 have been completedas provided in the Subdivision Agreement with: Shapell Industries of Northern California, a Division of Shapell Industries, Inc. heretofore approved by this Board in conjunction with the filing of the Subdivision Map. JY:rtn G:\GrpData\EngSvctB012005104-05tsD 02-08683.doc Originator: Public Works(ES) Contact: Teri Rit(313-2363) Recording to be completed by COB I.D.95-2578030 I hereby certify that this is a true and correct copy Of an CC.* Public Works -T.Belt,Construction Div. Shapell Industries of Northern California action taken and entered on the minutes of the Board of 100 North Milpitas Blvd. Supervisors on the date shown. Milpitas,CA 95035 Attn:S.Savage,S.Worden,&J.Gold National Fire Insurance Company of Hartford ATTESTED:. APRIL_05, 20055820 Canoga Ave.,Suite 200 1 Woodland'Hills,CA 91367' JOHN SWEETEN, Clerk of the Board of Supervisors and City of San Ramon Attn:Chris Low County Administrator 3180 Crow Canyon Pt„Ste 140 San Ramon,CA 94583 By , Deputy RESOLUTION NO.20051 200 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 02-08683, San Ramon (Dougherty Valley) area. (District.III) DATE: April 5,2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of April 5,2005 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement DATE OF AGREEMENT NAME OF BANK/SURETY February 24,2004 National Eire Insurance Company ofHartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for $70,300.00, Bond No. 929 299 651 issued by the above surety be RETAINED for the six month lien guarantee period until October 5,2005,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements in Subdivision 02-08683 are ACCEPTED AS 'COMPLETE. Upon completion of the one-year warranty and maintenance period for the street landscaping,the San Ramon City Council shall accept the public improvements (street landscaping) for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$1,400.00 cash deposit(Auditor's Deposit Permit No,'417521,dated January 8,2004)made by Shapell Industries of Northern California,a Division of Shapell Industries, Inc. and the performance/maintenance bond rider for$20,880.00,Bond No. 929 299 651 issued by National Fire Insurance Company of Hartford be RETAINED;pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION No. 2005/200 Executed in Triplicate ET Tract 8683, N-19, Cornerstone,266 Lots SUR INCREASE -DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 299 681 issued by the National Fire Insurance Company of Hartford as Surety,on behalf of Sha ell Industries of Northern California a Division of St7a elr Industries tnc. of Milpitas,CA hereinafter referred to as the Principal,and in favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee,effective the 15th day of December 2003 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 3rd day of February , 2005 ,and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby —DECREASED`" ...V from the sum of One Hundred Thirty Nine Thousand Two Hundred and No1100—(Performance Only) Dollars($ 138.200,00 ),to the sum of Twenty _Thousand Eight Hundred Eighty and No/100"(Performance Only) Dollars($ 20.880.00" }. IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, 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 One Hundred Thirty Nine Thousa,std Two Hundred'and Npt100„'(Performance only) Dollars($ 138,200.00” } or for any loss occurring subsequent to said date shall not exceed the sum of Twenty Thousand Eight Hundred E19h!X and No1100"(Performance Only) Dollars($ 20,880;00.' ), 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 thi 9th day of F r � S'hapell industries of Northern California,a Division County of Contra to of Shapeli Industries, Inc. cin ipai) --� By } ByT—& _ (Seal) Rbber Ore, Asst. V.P. / By �/ (Seal) Ken Cox, Asst. Secretary National Firs Insurance Company of Hartford Form raxaa BY ?2 - t 2 :, (Seal) Pamela L.Stocks Attorncy-in-Fact 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 tlue Board of Directors of the Company. "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Boardof 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 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 theBy-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 band 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 trade 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 Attorney4ri-fact. The Chairman ofthe 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 underandby 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 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 FIRL"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 anytime revoke all power and authority previously given to any Attomeyin-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 17a`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." 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 Hail,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -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 corporationsand 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. c+su��ry tNsu�,,yc Continental Casualty Company National Fire Insurance Company of Hartford 00"PORArE �Nc aO,n American Casualty Company of Reading,Pennsylvania JULY 1, u '.SEAL7� Y ; 7897 NAR µ • 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 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 EUZA PRICE NOTARY PUSUC,SYAYEOf Ill1NO1S MY COMMISSION 84PIRES:09M Y109 My Commission Expires September 17,2006 Liza Price 0Notary 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 whereof have hereunto;subscribed my name and'affixed°the seal of the said corporations this 9th day of February 2005 1444Continental�A*WAe� Continental Casualty Company National Fire Insurance Company of Hartford '�fr corwaure; SIS►� ttsrror American Casualty Company of Reading, Pennsylvania Ci �r lutes 1, SEAL na Mary A.R ika is Assistant Secretary Form F6853-11/2001 PrOO PH: ,:: .-, >. State of California County of Los Angeles � before efflre rrre, February 9,2005 Sandy Hanner.Notary Public Oat# NAME, TITLE OF OFi ICEA,. -JANE OOE. NOTARY PUBLIC- personally appeared Pamela L.Stocks NAME(S)OF SIGNER($) C x)Personally known to me-OR —(--) proved to me on the basis of satisfactory evidence to be the,person(s) whose name(s)is/wo subscribed to the within instrument and acknowledged to me that kalshe/tk"executed the same in itis/her/Atir authorized ca aoity0es), and that by her/t°fa signature(*) on the Instrument the person(,or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE S my hand and o seat. s SANDY HANl*R _ Commission#'1362157' � Notary Public-California ,� '�BtGNATURE OF NOTARY Los Angers County My comm,.l-xpires Jul 2.204 {}PTCClNAE. Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this farm. 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 C..2t..) A't`I'"C:IRNEY tN-FACT• TRUSTEE(5) C----)' GUARDIAN/CONSERVATOR {... ) OTHER DATE OF OOCUMENT SIGNER IS REPRESENTING: DAME OF F+i RSON{S}OR ENTIT O ES) Natinnal 5•ra Ingtiranrn �m y pf Hertford SIGNER(S) OTHER THAN NAMED ABOVE a•,nrxse NOTICE In accordancewith 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 (collpctively 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. DISCL05UE OF 12FIENI 7M The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE QF FEDERAL PARTICIPATION I OF TERRORISM LOSE The Ursited States will pay ninety percent (90%) of covered terrorism losses exceeding the applicablesurety/insurer deductible. Form grata �:\,1 l\.': r�'.���w\�r'�'v�\v^.^�>��.AN1r\/�^..1.^.r'�^..^v '\,nvV.J..V+..nl�r 1N '�:' \r'\ Y J \+^.r'JwMj�4r.nf\�v`.^'L^.Mfy'�MF".✓\/^i'v'J^NV'tM.n.+�-'v'.lwr'\ ✓� \%v:�. +\^.. .'\:\ .,`..n.N r �✓+✓+!'.� . J r '..\'.♦ :.N>\r'�/'✓w.r'V:'..r^/'Jl.✓VF'./v'v./T./^/'✓.n,n/IJJ./. .f.l,^:') CALIFORNIA::ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On February 11,2005, before me, Janice T. Kruse, Notary Public personally appeared Robert D. Moore and Ken Cox known tome 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. ��y. JANICE T.KRUSE > Commission# 1318697 WITNESS my hand and official seal. z. ; Notary Public-Cailtornia Santa Clara County My Comm.ExpireaAug2d,2€105 Si tune of Notary Public Optional Information Title or Type of Document: Increase/Decrease Rider- Cornerstone Tract 8683 Capacity Claimed by Signer; Assistant Vice President and Assistant Secretary of Shapell Industries,Inc. .^,.�.,\. Y�,. ,n.\.,,..\"\.�.^,..,,,\n,.\.v�..\:^...n.\>tiv '.\. Y ^. n vw�.. „-J4^i w..^+.Y`..:v.,.. .r,-.r..�.n✓` • w w\.w"'n,.\,\:y\„\`^.\.1rvY."hn.r.."+�1+1 ,.Y`...J,. .. .. _ .:.''✓:llv. .'V'.."J._,r l..nJ`M..'/^;l.l.^./\r.,, :,l.r vr, i:l.. _ : + Executed-in Triplicate Tract 8683, N-11, Cornerstone,266 Lots + war INCREASE -DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 299 651 issued by the National Fire Insurance Company of Hartford —as Surety,on behalf of Shapell Industries of Northern California a Division of Shapell industries Inc. of Milpitas, CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez,CA hereinafter referred to as the Obligee, effective the 15th day of December 2003 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 3rd day of February 2005 ,and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby .-.._"DECREASED" __.. from the sum of One Hundred Thirty Nine Thousand Two Hundred and Noll 001**(Performance Only)'' Dollars($ 139,200,00" ),to the sum of Twenty Thousand Eight Hundred Eighty and No/100"(Performance Only) Dollars($ 20,§80.00** ) IT IS "FURTHER UNDERSTOOD and agreed that subject to all the terms, 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 One Hundred Thirty,Ning Thousand Two Hundred and Ngi100""(Performa o f3nI Dollars($ 109,200:00'' or for any loss occurring subsequent to said date shall not exceed the sum of Twenty Thousand Eight Hundred Eighty and Noll 00,""(Performance Only) Dollars($ 20,880.00*' 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 9th day of Fgbruary, Accepted By Shapell Industries of Northern California,a Division Cou- of Contra Cost of Shapell Industries, Inc, By — By _ (seal) O D' re, Asst. V.P. By AlLF ox, s .-Secret i� - -- (Seal) Nationai"!r�Insurance Company of Hartford Form F4763 By - (Seal) Pamela L. Stocks Attorney-in-Fact YUWLK UY A'I'TOPNEY 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,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attoimey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts and to bind them thereby as 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 ��casui }rsu,�, aR National Fire Insurance Company of Hartford cqi � t�aroepAmerican Casualty Company of heading,Pennsylvania "'SEAL sol`' 1897 Michae�Gengler ��Seni Vice President State of Illinois,County of Cook,ss: On this 16th day of April,2004,before me personally came Michael Cengler 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 affixedpursuant 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. IIOFFICIAL SEAL ' NQTAilY lmVtlIUO,*T1TC Or ILLINOIS MY fidiMMt88tON R9t------------- My My Commission Expires September 17,2006 —Eliza Price 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 printedon 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 9th day of February_ 2005 woe Continental Casualty Company �'� # � t►tsuR ' � National Fire Insurance Company of Hartford ec�weaNr ��Ga+o>�oAmerican Casualty Company of Reading,Pennsylvania tUtY I), U SEAL t9ai Mary A.Tikafjkis Assistant Secretary Form':F6853-11/2001 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 byM'i to 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 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 tailed and held on the I?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 ArticleIX 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 shalt,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company," ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This 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 attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such 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 17u'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 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 shalt,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company. ADOPTED BY THE BOARD OF DIRECTORS OF 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 anyAttorney4n-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 ata meeting duly called and held on the I7'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 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." .:.. ....�.._en.. -.;...»... .,..:.-n e -..;`...� .ap "H 3... ..:: n.r:. 3 ':ii 3$ 3i •ii:::i 31 f.ua3 3..i::U•3 p.:.:q .il-if-�-- -- -- - ..ter... .._..______- ... State of California County of Los-Angeles On February 9,2005 before me, Sandy Hanner-Notary Public Ogle NAME. TITLE OF OFFICER.. "JANE DOE. NOTARY PUBLIC- personally appeared UBLIC•personally"appeared Pamela L.Stocks NAME(S)OF SIGNER(S) personally known to me-OR - (—) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is1wo subscribed to the within instrument and acknowledged to me that M/sheAk"executed the same in Ns/her/It air authorized capacity se), and that by hwher/tom signature(s)on the instrument the person(f), or the entity upon behalf of which the person(t) acted, executed the instrument,' •• _. _ ` WITNES .my hand alrrcl vftri�seai. SANDY HANNER i -- f s Commission#1962957 f s Notary Public-California SIGNATURE OF NOTARY • Los Angeles County Corn .14aftw A4Z 22W. -;IWI`1171-171%-7-7w OPTIONAL Though the data below Isnot 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 {.--3 CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (.._) PARTNER($) {,..,,.) LIMITED {....) GENERAL NUMBER OF PAGES (.x-)'ATTORNEY IN-FAC'C TRUSTEE(S) {..._,) GUARDIAN/CONSERVATOR' OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) I\ational Fire Iranca Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 0.1©7426.8 NOTIC In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bunds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bondsand insureds on certain insurance policies written by any one or more of the fallowing companies (callactivdly 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. The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($6.00). IN PAYMENT OFT R I LQ3033 The"United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form 8310 \, n.i;v'..�^1\:•v'Jnr\.�,1.^/;,;,;\v\�'V"\'nr�N�.'iv"i'1:.WV,�,,'V\ .'��, rV�\;,�.\, .r• <."^..•✓. .. .,.. . .",/•:^t.n''�'\;\�.r./j.n�./..n nig..^.rJ.�.�!.nr�vv!\.�lvv.,iv\�nMr•./\,:i -aft ; CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On February 11, 2005, 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 theirauthorized capacities, and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. J� A�N�ICE T KRiU5E•:� OMYCommission# 131869 7 L Not ary'Pubitc California WITNESS my hand and official seal. Santa CierraCounty Comm.expiresAug 24,2005r Signature of Notary Public Optional Information Title or Type of Document: Increase/Decrease Rider Cornerstone Tract 8683 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries,Inc. \\ 1^.. \'\V�iVW\/\Av1^\.W\/V1+'\ti1Mr*✓\i\M-^.h- 'V ,rf / r `^ \ � � ^v^. .n.n..^✓✓`,^.//uvl^J. ✓,..: :\\.�n.:'vVi v^.r.n...,h,^.r\iV.h `.i✓\/Vv/..Y'.i.!'.. ,., v � %.I-.�.. \. J-J.i.�•:N v^.`.\/....