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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-489 M THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 2, 2005 by the following vote: ' AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILK NOES: NONE ABSENT: NONE ABSTAIN: NONE I�$:OLU 'I1N NO.. t}05 489 9171131711 pproving 77717;M greement(Right of Way Landscaping) for FA 02-OUO 10 (cross-reference SD 95-07984) Creekside Park, being developed by Shapely Industries of Northern California, a division of Shapell Industries, Inc.,, San Ramon(Dougherty Valley) area. (District Ell) The following document was presented for Board approval this date.for PA 02-00010 (cross-reference SD 95-07984) Creekside Park, located in the San Ramon (Dougherty Valley) area. A" Subdivision Agreement (Right of Way 'Landscaping) with Shapell Industries of Northern California, a division of Shapell Industries, Inc., developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements' generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right'of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I Cash Deposit Deposit Amount: $17,100.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 445677 June 7, 2005 LT= G:\GtpData\EsSvt\Bc\200"8-oz\PA 02-00010 130-16.doc T hereby certify that this is a true and correct copy of an Originator: Public Works(ES) Contact: T.Rie(313-1363) action taken and entered on the minutes'of the Board of cc: Public Works- T.Hell,Construction Supervisors on the date shown. Current Planning,Community Development T--May 26,2006(P 1) Shaped Industries of Northern California ATTESTED: AUGUST 02-2005- 100 N.Milpitas Blvd: O� Milpitas,CA 95035 JOHN SWEETEN,Clerk of the Board of Supervisors'and Attn:Sam Worden,,Tim Gold County Administrator National Fire Insurance Company'of Hartford 2355 E.Can telback Road,Suite 500 Phoenix,AZ 85016 Attn.Pamela L.Stocks Bye ,Deputy RESOLUTION NO.2005/489 SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 02-00010 (cross-reference SLS 95-07984) Creekside Park, ',being', developed by Shapely industries of Northern California, a 'division of'Shapell Industries, Inc., San` Ramon(Dougherty Valley) area. (District DATE: August2,2005 PAGE: 2 II Surety Blind' Bond Company: National Fire Insurance Company of Hartford' Bond Number and Bate: 929348494 .April 22,2005 Performance Amount: $1,690,700.00 Labor&Materials Amount: $853,900.00 Principal: Shapell Industries of Northern California,' a division of Shapely Industries,Inc. NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works,Department: RESOLUTION NO. 2005/489 LUUMM Cit'4Ut'H tKA 1741."{,to Ditpo r REI 1T C3Fc 1�13Y Ai R=CoC tC7 Ikil►►ti�NU CAM R MA. - �� : '✓ `� +! ;1 r tai C7RGANlZAItfihlUl+ ER '' ,r, �.`;C t t lq_ P artmh oAedicrrtPtr�ceeiur ses`CounFy Adrtim fra�tor`s it)5} L "CRiRTCE7N fU�iDJG3R TASif op'no { a F 4§4 1 j t !. g K t t `_"? 51 t E t• NAMM' :� TM' $ t crrs#salhie fzslir vii i C�1f�l,and itftE M awies7r+c ._ lStTS , r • x !> - :± '- E' #i . ; :. r�oR.AiJr ra Cor > Use Y r ePM' 44W: 7 thea mrtP rr#a aera�r described ad�ove it.&r. tr t r r.r+s c eipt of-abava cmtor�rd is i�ppFOV&d It ipt•c#;ahs a 6 is heersby Cieepo't WO the:Cnur4 Tra U -:7 Ex*t = ."Y 1 ll ��. a Nooty Ccs roarer )-34REV. L f 1 6 7 �o ( �'S, �: t COU Wy OFCOMM COSTA, bapowiplawT Avok CtP Ct3t hi'11 AtJb�CONTR�h4�i.EP� Ak*XrINEZ CAL FORK NA 4 _ .c � ' DESCRrI30N-­­ xc—v . ter_ ACT n^ € J W; AL _ F� ri A I Xrk .r. Lit y y 6 - t } i om EXPLANAT 1: Tt w ;$ a L Conlb'ti tkq fai1*.ing itenrxs WEM Ma,mac. S FOW-AU00,09-CONTROUR t W.ONVY -CiEFtiS4T DP " � R ,r [SATE " it Tile amount of Mowdm&e&abowis for Tn Mtjme amsipt of above.amount is q*mImid dd WPt,oabove amount is.hece}ry c deposit into tfts qty Tnec Title:{ t t.. t EXI 'a Ll Siam& Daputy.rC ,ty.,Auefilmr Depity,Got#,"Tnoasurar -34"REV{7 99� 9 E .:vwwn•xs+s �+ ww�w•a+v-s-�w�.rv�eY .. 'AWNW t -. t%# 'o ArlswAluf TS, TM 771 f rt, noon MH �; M low t NOWN lou `'mss4 h - h `}'SNt5Y4'k Tye, f _ i A anwny _ gg ;r-NAMI ENT?� I �3 C � I 2 , MEN AW w ,,. spa ;Nq wwg low —Q damn ra'" arzrs"5�, ,,,;,�.y+.-. a - > xxt� �' ` w�`� `r�i• i d rr Y v oil r B 02 VA 422011 gill 'poll WWI. Q pull ��� � S # -ra i �„jxa RN call- Await gy I., f .2.C f too" Rog s Y Xid x r �xa s h "r-wr'smom: r : e T 777777 o- 77777: mrd Y May yRnn 77 Depcp x a � 17 € t i 3 ate' 7W"W nNO er �f �r3n nt�s #f tia all 14 '(7 A Tt�rasuver 0649-9:665 112300: G1161513 $ 575.00, MS03-0015, ParcelMap Check, Lionsgate development Corp., PO Box 408, Alamo, CA 94507-0408 0649-9665 / 112300: 61161515, $1,30§.47, M599-00006, Inspection Deposit, Tice Valley Partners,LLC, 30 Camille Place, Alamo, CA 94507 0649-9665 / 112300: 61162517, $5 , 853011, Record' of Survey Deposit, LCC Inc., 930 Estudillo St., Mtz, CA 94553 0649-9665 / 112300.' G1161518 LP 04-2085, East Bay Regional 'Parks Dist., 2950 Peralta Oaks Ct., Oakland,:CA 94605 $1.444.50, Inspection Deposit $2.064.51, Plan Check 0649-9665 / 12300 61161520, $13,226.384 RA01-01114, Road Acceptance Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., Milpitas, CA 95€335 0649-9665 / 112300 61161521, $2,662.57, RA98-01083, Road 'Acceptance Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd.,Milpitas, CA 95035 0649-9665 / 112300: 611.61522, $1.594.21, RA98-01082, Road Acceptance Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 122300: 01161525, $1000.0 , LP 03-2033, COA' Compliance Check, No Improvements, Erler & Kolinoswki, Inc., 1870 Odgen C?r , Burlingame, CA 94010-5306 0649-9665 / 112300 61161516, $60,400.00, PA 0010, Land Improvement Inspection Deposit, Shaped Industries of Northern California, 100 'North Milpitas Blvd., Milpitas, CA 95035 819800-0800: 61161516, $17.100.00, PA 0010, Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., Milpitas, CA 95035 0634-9752 1123400: G1161708, $128,QO, No Rich AOB, Salvador Chavez, 656 18th St., Richmond, CA 94801 821400-0800:: G1161709, $3.358.00, SCC SubReg, Toll Bros, 3483 Ashbourne Circle, San Ramon, CA 94583 821500-0800: G1161709, $1,219.00, SCC Reg, Toll Bras, 3483 Ashbourne Circle, San Ramon,'CA 94583 _t t F L C Subdivision: PA 0010(cross-.reference SUB 7984) Bond No.: 929 348 494 Premium: $12,680.00 Gale Ranch 11 IMPROVEMENT SE cumy BOND FOR PuBuc RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Govc1mment Code Sections 66462 and 66463) 1. R-c�CITAL.OFSUBDINIISIONAGREEMIENT: The Pi-iiicipalleas exectitedaiiagreeiiientwith the County to install and pay for public right of way landscaping,and other related improvements in Subdivision PA 0010 cross-ref SUB 7984) as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work -within the time specified for completion in the Subdivision Agreement(Right of"Alay Landscaping),all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: Shapell Industries of Northern.California,ADivision of SfiggellIndustries Inc. as Princh)al. and National Fire Insurance Company of Hartford a corporation organized existing tinder the laws or the State of CT and authorized to transact surety business in California, as Stuety, hereby jointly and severally bind ourselves, our heirs, executors, ad.n.iinistrators, successors, and assigns to the County of Contra Costa, California to pay it. A. Performance and Guai,antee: One Million Six Hundred Ninety Thousand Seven Hundred and 00/100 Dollars($ 1,690,700.00 for itself or tiny city assignee under the above County Subdivision Agreement,plus B. Payment: Eight Hundred Fifty-Three Thousand Nine Htuidred and 00/100 Dollars ($ 853,900.00 to secure the claims to which reference is made in Title XV (conunencing 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 if the above bounded Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keel) and perform the covenants,conditions and provisions in the said agreement gr ement and any alteration thereof made as therein provided, on is or its part,to be kept mid 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 lianifless the County of Contra Costa (or city assignee),its officers,agents mid employees,as therein stipulated,'then this obligation shall become null and void; otherwise it shall be and remain iii full forcepnq effect. ................. ................................................. ............ ............................... ........................ ...... ............ As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be ta."-ed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(8) 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 eniployed in the performance of the aforesaid agreement and referred to in the afDresaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount fliereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court,and to be taxedas 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 clainis tinder Title 15(coniniencing 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 thecondition of this bond be fully performed then this obligation shall become null mid void, otherwise it shall be and remain in full lbrcc and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety frorn liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itselfbound without regard to and independently of tiny action aphist Principal whenever taken. SIGNED AND SEALED on April 22,2005 Shapell Industries of Northern California,A Division PRINCIPAL: of Shapell industries,Inc. SURIETY: National Fire Insurance Company of Hartford Address: 100 N.Milpitas Blvd. Address: 2355 E. Camelback Road, Suite 500., city: Mit pios, Zip: 95035 City:..,,-PWd?4nix,AZ zip: 85016 By: By Print N me: Print Name: Pamela L. Stocks Title: Title: Attomey-in-Fact By: Print Name: A Title: P11'S1'SIi:\ItLlAT:1'Gq�l)aia'.I:n�SrcFnnus 131:WORDAIN-12A.dnc Rev.AIIII:17.1999 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,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety Companies"),are duly organized and existing corporations having their principal offices in the Cityof Chicago,and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make,'constitute and appoint Pamela L.Stocks, Beverly A. Hall, Sandra V.Ha ner,individually of;, Sherman Oaks,California their true and lawful Attorney(s)win-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 therm thereby as fully and to the same extent as if such instruments were',signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof,duly adopted, as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate,seals to be hereto affixed on this 7th day of January 2000 CONTINENTAL CASUALTY COMPANY 1114 'M NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA AILY 31. c9 SEAL Y JA a 189'I Marvin J.Cashion Group Vice President State of Illinois, County of Cook,ss: On this 7th day of January 2000 ,before me personally came Marvin J.Cashion,,to me known,who,being by rr>e duly sworn,did depose and say;that he resides in the City of Chicago,State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL.FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above 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. ♦i+ii#i#•#iiti###ii�iiiii#i+ 'OFFICIAL$FAL' DIANE FAULKNER � V 1ub1b ltim of ftwe +* nistlbn 600a Oil 7101 •aMt+rY�i�!+►Ni iiri iiiiiri+►ii'iilY My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Rib kawskis,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 By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in farce.I testimony whereli I have hereunto s ed my name and affixed the seals of the said corporations this 22V ;,day of AOr l CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA '�. tlte'f •� rr�} + Mary A.Rbikawskis Assistant Secretary (Rev.10/1197) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3.Appointment of Attorney-,in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time, appoint by written certificates 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 seat of the Company thereto,The Chairman of the Board of Directors;the President or any Executive, Senior or Group Vice President or the Board of Directors,may, at any time,revoke all,power and authority previously given to any attorney-in-fact."` This Power of Attorney is signed and sealed by facsimile''under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993 "Resolved,that the signature of the President or any,Executive,Senior or Group VicePresident 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 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 revolve 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 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 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of thefollowingResolution 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,Attomeys-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 Resolutionadopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporationmay be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of California County of Los Angeles On April 22,2005 before me. Sandy Hanner-Notary Public Ott* NAME. TITLE OF OFFICER-"JANE 00E. NOTARY PUBLIC" personalty appeared Pamela L.Stocks NAME(S)OF SIGNER(S) (-2L) personaf y known to me-OR- (----) proved to me on the basis of satisfactory evidence to be the;persc+on(s) whose name(*)is/se subscribed to the within instrument and acknowledged to me that Ilio/shel%ft executed the sante in*falter/itse r authorized capac ity0m). and that by kWher/#V4W signatures)on the instrument the person($). or the entity u In behalf of which the person(t) acted, executed the instrument, R WITNE my hand and ictlaI semi. SANDYTHANNER3. commission*1362167 G� ,» Notary Public-Callforf is ' SIGNA AE OF NOTARY Los Angeles Countlr My Gom .Expires,lot 2.2x08 OPTIONAL Though the data glow is not required by law, it may prove valuable to persons retying on the document and could prevent fmudutent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (_ _} INDIVIDUAL (.�} CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PAMER(S) (.�j LIMITED GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT (_.) TRUSTEE(S) (.._.# GUARDIAN/CONSERVATOR {---)'' OTHER DATE OF DOCUMENT SIGNER IS;REPRESEN'f`ING. NAME OF PERSON(S)OR EXTITY(IES) National Fire Insurance t;aml2any ofHartLford SIGNER(S) OTHER THAN NAMED ABOVE a �or<xs- MQUCCE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurancepolicies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer:Western'Surety Company,Universal Surety of America, Surety Bonding' Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DIS The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). FEDERALDISCLQS-URE OF TIN IN P F TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism: losses exceeding the applicable'surety/insurer deductible, Foto,MO I>., ../'.. ^.,^,✓'tiU ✓ `.M...M'V./V`..rV'.\/V` ,�n„1 / ` ./ '✓\ F�. �f�✓"v 1.1�J N.n/���.'r'�:f i�v`�/%�/u J\/f`..��� (v. ,t ✓v\ l'.'v'./.r�`N\/W\/T./\ti'vV` - v'\/!/J^.✓. r n%.r l✓V I i:✓✓ ✓'.F.f J.�/_,^ ' CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara z } On April 27,2005,''before me,.unite 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. s , t MUMSE -WITNESS my hand and official seal. , cE m"00# 1318697 Noy Pubkc-camorda ►ta Clara courriy ---- co,M.Ux 08 Aug 24,2W6 V Sign tore of Notary Public s s Optional Information Title or Type of Document: Imp roventent Bond'-Landscape Tract 7984 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shavell Industries,Inc. 3 SS >� �s r> zs ,< s :