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MINUTES - 05112004 - 2004-670
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 14, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, S ESAULi Iza t2iD GiZZEIvH NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE RESOLUTION NO. 2004/ 670 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08699, 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 04-08699, property located in the San Ramon (Dougherty Valley)area,Supervisorial District IIsi,said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Shapell Industries ofNorthern 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 subdivision agreement is security guaranteeing completion of said improvements as follows: A. Cash Bond Performance amount: $27,500.00 Auditor's Deposit Permit No. 430054 Date: August 23, 2004 Submitted by: Shapell Industries of Northern California, a division of Shapell Industries, Inc., a Delaware Corp. Tax ID Number: 95-2578030 I hereby certify that this is a true and correct copy of an action Originator:Public Works(ES) Contact: Teri Rie(313-2363) taken and entered on the rninutes of the Board of Supervisors sv:m1 on the date Shown. G:\GrpData\EngSvc\BO\2004\12-14-04\SD 04.08699 130-21..doc cc: Public Works—T.Eel's,Construction Current Planning,Community Development Shapell industries of Northern California 100 N.Milpitas Blvd. ATTESTED: DECEMBER 14, 2004 Milpitas,CA 95035 JOHN SWEETEN, Clerk of the Board of Supervisors and Ams:Sam Worden&Steve Savage National Fire Insurance Company of Hartford County Administrator 5820 Canoga Avenue,Suite 200 Woodland Hills,CA 91367 Atm;Pamela L.Stocks By Deputy RESOLUTION NO.2004/ 670 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08699, 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: December 14, 2004 PAGE: 2 B. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number: 929 299 756 Date: July 23, 2004 Performance Amount: $2,719,400.00 Labor&Materials Amount: $1,373,450.00 Principal: Shapell Industries of Northern. California, a division of Shapell Industries, Inc., a Delaware Corp. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2003-2004 tax lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first day of January 2004, is estimated to be $543,900.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: National Fire Insurance Company of Hartford Bond Number: 929 299 732 Date: February 11, 2004 Amount: $538,600.00 and Bond Rider: $691,100.00 Date: August 16, 2004 Principal: Shapell Industries,Inc., a Delaware Corp. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION N0. 2004/670 TO: BOARD OF SUPERVISORS r FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: December 14, 2004 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 04-08699, San Raman (Dou harty Valle area. District III SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2.0041 670 for Subdivision 04-08699, approving the Final Map and Subdivision Agreement,being developed by Shapell Industries of Northern California, a division of Shapell Industries,Inc., a Delaware Corp., San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATIONS): Subdivision 04-08699 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval for recordation of the final map. CONSEQUENCES OF NEGATIVE ACTION: The Final Map and Subdivision Agreement will not be approved. Continued on Attachment:„4,t, - SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR �> RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIL� ACTION OF BOAAW ON DE=RR 14. 2004 APPROVED AS RECOMMENDED OTHER t� 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 on the VOTE OF SUPERVISORS date shown. XX UNANIMOUS(ABSENT V 1 AYES: NOES: ABSENT: ABSTAIN: ATTESTED:—DECEMBER 14, 2004 JOHN SWEETEN, Clerk of the Board of G:\GrpDua\EngSve\BO12004512-14-04%SD 04-08699 Order.doc Orig.Div: Public Works(ES) Supervisors and County Administrator Contact: Teri Ric(313.2363) cc: Public Works—T.Bell,Construction Current Planning,Community Development Shapell Industries of Northern California ,+ 7-y 1 WFas,CA 9N.Mil95035 Blvd, Milpitas, By i �//.+--- , Deputy Atm:Sam Wooden&Steve Savage National Fire insurance Cotr4my of}fartfbrd 5820 Canoga Avenue,Suite 200 Woodland Hilts,CA 91367 Ann:Pamela L.Stocks ra I On % S bi _ to Y PS is y3 ice'✓ y1 , , b Un Y iOC f V L? ,s � 2 �.N Y�P.�j S SYS � ��,,. ^ •y CY.I+L Y� K $ Y pr to vs Qjjs �j o i Ts 1 T5 As ;% Rot Zia, Y e 6 aire im cup{ rt +d" LS }ggr tillftl ` :n3{Y + t t yam{#5. �� gif t!� will " �eg �FFFa a Oil Y �r y� Y $% x %p 3'. y�iJ lilt ,5W d > � UfG+ uuw+,caa Q FZQEt GEM. 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N /.r -'' �•-Cly`,, '�Y�yr +chi �` -6 r r1'� "�f! `• � �,w eek` ..w++� its t SUBDIVISION AGREEMENT (Gov.Code,§§6U62 and 66453) ,1 Subdivision: 81 9e Grp/e fanc-A J-",i!5'1_ Effective Data: Subdivider: f d fJG/ Z/?tiGt'.51 sy�N,91-Atr"ft ?stir completion Period: rl t THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUt+itY SUBDIVIDER Maurice I Gu Works Director Billt By: Pru t Name RECOMMENDED FOR APPROVAL: Print Title r 9 By: 1tA�— ]�A� P t Nam j Engineering Services Division PrintTrde r FORM APPROVED: Slivano B.Marches!,County Counsel �us—tb, T':Ali signatures mustbe acknowle ed.if Subdivider is inrx�rporated,the rxoritract signed bytword,pesident<orvstant secretary,chief flnanda!affk er,or assistant treasurer.(Civ,Code,§1190 and Corps.Cade,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of California } } as. County of ) On the date written below,before ma,the undersigned Notary Public personally the person(s)signing above for personally known tome(or proved to tris on the basis of satisfactory evidence)to be the Pers whose names)islets subscribed to the within Instrument and acknowledged to me that helshetthey executed the same in hislharAheir authorized capacky(les),and that by h eir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument WITNESS my hand and official seal. Dated: i Notary Public (Notary Seal) r .a- 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter'Countn and the above-mentioned Subdivider mutually promise and agree as follows concerning this Subdivision: 2, IMPROVEMENTS.Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping and such other Improvements(including appurtenant equipment)as required In the improvement plans for this Subdivision as reviewed and on file with the Contra Costa County Public Works Department,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,Including future amendments thereto (hereinafter`Ordinance Code', Subdivider shall complete said improvements(herainafier°Work")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov, Code,§§66410 at,seq.)In a good workmanlike manner,in accordance with accepted construction practices and In a manner equal orsupedor to the requirements of the Ordinance Code and rulings made thereunder,and where there is a conflict among the improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govem. 3. IMPROVEMENTS SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County: A. For Perfamans�and Guarantee:s 2790.rho cash,plus additional security,in the amount of$,,2 719 4W A^, which together total one hundred percent(100%)of the esfimstad cost of the Work. Such additional security is prated in the form of., Cash,cartilled check or cashlees check Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,Subdividerguarantses performance underthis Agreement and maintenance of the Work for one yearefter Its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Pavmant Security in the amount:$f,3 73!150.co ,which is fifty percent(50%)of the estimated cost of the Work.Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Fane Approved by County Counsel Acceptable irrevocable letter of credit. (Rev.9/031 Page 1 of 2 Subdivider.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 Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in accordance with Sections 94-4.406 and 94-4.408 of the Ordinance Code, 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. 5. PLANT ESTABLISHMENT WORK.Subdivider agrees to perform plant establishmentwork for landscaping installed under this Agreement Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to en sure establishment of plants. Said plant establishment work shall be peftrmed for a period of one(1)year from and after the Board of Supervisors accepts the Work as complete. 6. IMPROVEMENT PLAN WARRANTY.Subdivider warrants the improvement plans for the Work aro adequate to accomplish the Work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the Work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the Work as promised. 7. NO WAIVER BY COUNTY. inspection of the Work andlor materials,or approval of the Work andlor materials or statement by any officer,agent or employee of the County indicating the Work or any part thereof complies with the requirements of this Agreement or acceptance of the whole or any part of said Work andlor materials,or payments therefor,or any combination or all of these acts,shall 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. INDEMNITY. Subdividershali defend,hold harmless and indemnity the indemnitees from the liabilities as defined in this section: A. The indemnitees benefifted 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 injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said Improvement plans or accepted the Work as complete,and including the defense of any sult(s),action(s),or other prooseding(s)concerning said liabilities and claims. C. The actions causing lability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Subdivider,contractor,subcontractor,or any officer,agent or employee of one or mora of them. D. Non-Condtttons.The promise and agreamentin this section am notcondifioned ordependent on whether or not any indemnitee has prepared,supplied,orapproved any plan(s)orspecification(s)in connection with this Work or Subdivision,or has insurance or other indemnification covering any of these mattes,or that the alleged damage resulted partly from any negligent or wilful misconduct of any indemnitee. 9. COSTS.Subdivider shall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing utilities required thereby;inspections;material checks and tests;and other costs incurred by County staff arising from or related to the Work,and pdorto acceptance of the Work as complete or expiration of any applicable warranty periods, whichever is later. 10. SURVEYS.Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS. If Subdivider fails to complete the Work within the time specified in this Agreement and subsequent extensions,or fails to maintain the Work,County may proceed to complete and/or maintain the Work by contract or otherwise and Subdivider agrees to pay all costs and charges incurred by County(including,but not limited to,engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand, Once action Is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs incurred by County,even If Subdivider subsequently completes the Work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the Work,Subdivider agrees to pay all attorney'a fees, staff costs and all other expenses of litigation Incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the Work. 12. INCORPORATIONIANNEXATION. If,before the Board of Supervisors accepts the Work as complete,the Subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this Agreement and/or any deposit bond,or letterof cradif securing said rights shall be transferred to the new or annexing city.Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted with the city originally.The provisions of paragraph 8(indemnity)shall continue to apply In favor of the indemnitees listed in paragraph B.A.upon any such incorporation or annexation. 13. RECORD MAP. in consideration hereof,County shall allow Subdivider to file and record the final map or parcel map for said Subdivision. 14. RIGHT OF ENTRY. Subdivider hereby consents to entry onto the Subdivision property,and onto any other property overwhich Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvement plans,by County and its forces,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 Counsei {Rev.9/03] HAFinaAPWILW-SubAgmt.9.03.wpd Page 2 of 2 _...................................................................._.......- - ) �Jl S, Jz z CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California S' County of Santa Clara On September 15, 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. ?< �� S> E T.Kkus i' -WITNESS my hand and official seal. S _ Commiulon# 1318697 %1MVCoMm.b0wAug24.2W5? Notary Public-CaliforniaSanta Ciera County - Signature of Notary Public >; >� rf1 1j / 7Z Optional 4nf"ormailon �z >� Title or Type of Document: Subdivision Agreement bale Ranch Ih N hborhood 5 >S Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of >< ShaneIl Industries,Inc. >f j DEPOSIT PERMIT_... OFFICE OF COUNTY AUDITOR-CONTWLL€ —� r MARTHEL CALIFORNIA TO THE TREA.SMEk- RECENED FROM ORGANIZATION NLVAB@R (For Cash Cation Procedures sea County Administrator's 13oiWn 105.) DESCRVnION FUNDJORG. Sulk ACT TASK OPTION ACTIVITY AMOUNT 3 X901 h 011�l i �C f` r 7� C � � ahil 190 ( /L> la. tJ' i e (� J L s EXLANATICtN: TOTAL S i DEPOSIT f �f�� � �sl4s"�#I�fdf�irrg itefrss trt'S '" per � .C CHECKS,M.O.ET $ rIL`- {'1 SANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY ii 1 DEPOSIT PERMIT DP tAkMER 1134 DATE 4005 ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above is hereby deposit into*,e County Tfeoaury. T Si Si�nea: r04{ L EXT 'dY Deputy County Auditor Deputy County Treasurer x_34R EV(7-43.)... r DEPOW PIERmff OFFICE OF COUNTY AUD17OR-CONTROLLER TO THE TREASURElt MARR4EZ,CAUFORNIA _� 1 RECENEI7 FROM ORGANIZATION NUMBER •�� Y�j �, { Iprpoerisralion} (Far Cash C 6oction Proceam sec Comity Ad"ir istrata's BulW&105.) DESCRIPTION RRIO 1IGG SUIL ACCT TASK OPTION ACTIVITY AMOUNT e( i I I i I t ' 3 t f I f I 1 I 1 I t 1 t I t t r EXPLANATION: TOTAL $ DEPOSIT E DepoW consists of the following items CLAN aril CURRENCY $ CHECKS,M.Ct,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D� 0 NUMBER DATE 1J ASSIGNED The amormt of money descrr"bed above is for Treasurer's receipt of above anxAmt is approved. Receipt of above arrwrmt is hereby deposit into the TiwtssuFy. L/� �,�f,��,,.��_• N Ti �- '. j/ EXT. Deputy C—Tty Au ft- Deputy C*Tmy Treasurer )-34 REV.(7-93) 0649-9665 / 831000: 61139900, $64.900.00, Sub 8681, Inspection, Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000; G1139901, $127,100.00, Sub 8699, Inspection, Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000: G1139903, $106,700.00, Sub 8682, Inspection, Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000: G1139905, $30,166.47, RA 1159, Improvement Plan Review, Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: 61139900, $13,600.00, Cash Bond, Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: 61139901, $27,500.00, Cash Bond, Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: 61139903, $22.900.00, Cash Bond, Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA 95035 Subdivision: 86991 N-5/Coronado Bond No.: 929 299 756 Premium: $20,396.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payrment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF SUBDIVISION AGREEN'IENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8699/N-5 t Coronadq as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel rnap for said subdivision, 2. O-BLIGATION: Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp. as principal and National Fire Insurance Company of Hartford , a corporation organized and existing under the laws of the State of CT and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows; A. Performance and Guarantee: Two Million Seven Hundred Nineteen Thousand Four Hundred Noll 00*** Dollars ($ 2,719,400.00*** _)for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment* One Million Three Hundred Seventy Three Thousand Four Hundred Fifty No/100*** Dollars ($ 1,373,450.00*** - -) 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 if the 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 indennnify 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.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors, subcontractors,laborers,material men and other persons employed in the performance of the aforesaid 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 acrd 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 fart.4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this band be fully performed,then this obligation shall become null and void; otherwise it shall be and rernam 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 or this bond;and consent is hereby given to make such alteration without furthernotice to or consent by the surety; and the surety hereby waives the provisions of California Civil Code Section 281.4 and holds itselfbound without regard to and independently of any action against the principal whenever taken. SICN �D AND SEAL1EP on July 23,2004 _. Shapeli Industries of Northern California,a PRINCIPAL. Division of Shapell Industries,Inc.,a Delaware Corp. SURETY National Fire Insurance Company of Hartford �l4 Address: 100 N.Milpitas Blvd. _ Address: 5820 Canoga Avenue,Suite 200________ City., Milpitas,CA Zip: 95035 City. Wo : er and Hills, CA —Zip- 9?367 7`. BY Print Nne: w ! _ Print Name: Pamela L.Stocks Title: _ Title: Attorney-in-Pact By: M T Fant Name: Title: _ JD:,nrv;I7p G:\Grp;3aial&iy;Svc\i=�vin:;lBN WC)i2T3\f3N_i2.doc Rev.?uly 23,'2004 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 seals herein affixed hereby make,constitute and appoint Pamela L Stocks Beverly A. Hall Sandra V.Hanner,Individually Of Sherman Maks,California their true and lawful Attorney(s)4n-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 some extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By:Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 3rd day of August,2001. �cr ,,, ► Continental Casualty Company aow►auslt National Fire Insurance Company of Hartford . ° American Casualty Company of Reading,Pennsylvania on HEAL ,� r Joel Michael Gengler Croup 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 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. •ta��+s+,•+art�assa��aa��a�� UP MME wow F444"s Ilk. *to +� an7jol • 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 By-Law and Resolution of the Board of Directors of the corporations printed on the rye verse dhereof is stili in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this y of July , 2004 Continental Casualty Company o ° National Fire Insuranoe Company of Hartford American casualty Company of Reading,Pennsylvania AXirot i � ti97 Mary A.Ribikawskis Assistant Secretary (Rev. 1123101) Authorizing By-Lavers 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 duty adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-vin-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 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 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 Attomey-in-fact The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates 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 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 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 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 Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of CalifQrnja County of Los Angeles On July 23,_2004 before me, Sam Hanner-Npl Pubic Date NAME,TITLE OF OFFICER.,'JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) ( x ) personally known to me m OR — (..._...) proved to me on the basis of satisfactory evidence to be the person(e) whose name(al istalte=bscribed to the within instrument and acknowledged to me that 'she/ q[executed the same in bliWher/tat authorized capacity(i , and that by t her/#M signature($) on the instrument the person(g), or the entity upon behalf of which the persons} acted, executed the instrument. SANDY HANKER WITNE my hand and l seal. commission#1362157 4*My Notary Public-Califfornia #! ,Los Angeles County SIGN TURE OF NOTARY Comm.Expires Jul 2,2tti36 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 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 PACES { - } ATTORNEY-IN-FACT TRUSTEE(S) { } GUARDIAN/CONSERVATOR OTHER . LATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT a State of California r, County of Sca vita(a (�Aays ss. i �j On TIA(q before me, V'r eke \t Date•+"- - Nema and T. t 091ca:(e.g., ane tma,Notary PuDfid personally appeared Names)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isG subscribed to the within instrument and MR0N SAVoy acknowledged to me tha hey xecuted COMMIss�# 1.445141 the same in Arc Alter et author�he d Notary Puta!!c-California ca acit res , and that P Y(� ) Y � ( 1 Santa Clara County signature{s)on the instrument the person{sor MYCotrtm.ExpiresOct13.2007y the entity upon behalf of which the person(s) acted, executed the instrument. WI S my hand and fficial sea[. t amre of atary uWic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached} Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer —Title(s): ❑ Partner— D Limited ❑General Attorney-in-Pact ❑ Trustee I Guardian or Conservator ❑ Other: Signer is Representing: i e 0 1999 National Notary Association-9350 De Soto Ave.,P.O.BOX 2402-Chatsworth,CA 91313.2402•www.nationainWary.org prod.No.5907 Reorder:Calf Toll-Free 1-800.876-6827 VOID AFTER ' V40104 8%2104 FATCO$42 Tax Co1ector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 P 0,Box 631 ((�'`'''//�--�� }}�� Russell V.Watts Martinez,California 94553- Costa a Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor r Date: 81212004 IF THIS TRACT IS NOT PILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that 1 have examined the map of the proposed subdivision entitled: Tract i MS# City T.R.A. 8699 SAN RAMON 66405 Parcel#: 222-280-001-9 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 $543,900.00 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 review and ap2roval of adequacy of security prior to filing with tate Clerk of the Board of Supervisors. The subdivision may be covered by the securffysyMlied for tract 8688 WILLIAM J. POLLACEK, Treasurer ax Oe for By: We hereby certify that this is a true and correct copy of the original. FIRST CAN TITLE GUARANTY CO. Ily. PRINCIPAL TME COMPANY SURETY Shapell Industries,Inc. First American Title Co. Naggp_W Fim-insurance Company of Hartford 1001N.Milpitas Blvd. 1355 Willow Way,noi 5820 Canoga Aventm,Sults 200 Milpitas,CA 95035 Concord,CA 94520 Woodland Hills,CA 91367 Attn: Tom Simonson Attn..Barbara Pinto Attn: Bond Depl, Phone:408-946-1550 Phone: 925-356-7025 818-7132035 FATCO#787276 Bond No. 929 299 732 Tax year 2004 -2005 Premium $4040.00 BOND AGAINST TAXES Tract 8688,N-28,Gallery,Gale Ranch 11 KNOW ALL MEN BY THESE PRESENTS- Parcel#222-280-001-9,222-270-001-1,222-270-002-9 THAT, Sbayell In5b=jes,I ware cQ= as principal an nc- a Dell_ ration ci- d (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 Sura of Five Hundred Thirty Eight Thousand&Hundred AndNDLIWDollars (S 530-690-00— ),to be paid to said County of Contra Qoga , for the payment of which will and truly be made,we and each of us bind ourselves, our heirs, executors,administrators and successors,jointly and severally,firmly by these presents. Sealed with our Seals and dated this 11th day of February 2004. The conditions of the above obligation is such that V=REAS,the above bounded principal is about to file a map entitled Subdivision 8688 and cove-ring a subdivision of a tract of land in said County of C=Coda 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 assessnients collected as taxes',are not as yet due or payable. NOW,TREREFORE,if the said'Principal,shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said tract,then this obligation shall be void and of no effect,otherwise it shall remain in fall force and effect. Shapell Industries,Inc., a Delaware corporation National Fire Insurance Company of Hartford 4. Prind"Pa'Yeh Cox, Asst. Secretary Surety Pamela L. Stocks, Attorney-in-Fact 1-2144-'A"- 41-- Prilcilial Robert Moore , Asst. V.P. DATE: BOND REVM"D AND APPROVED CONT-P-A COSTA COUNTY TRE4sij R/, COLLECTOR (notary acknowledgment attached) BY. X 7=0— POWER OF Al'IRNEY APPOUSTMG LNDIVID UAL AJ t'•`ttT+t L+.�-ter-r�.e.t _ Know All Men By Then Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurmce Company of Hartford,a Connecticut corporation,and American Casualty Company of Reacting,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 nuke,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Harmer,Individually of Shemm Oaks,CA,their true and lawful A.ttome){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 insmtments of similar nature -In Unlimited Amounts- and to bind than thereby as fully and to the same extent as if such instruments wen 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. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Con4=y of Reading,Pennsylvania SEAL rosin P a ivliebael Gengler Senqrr"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 deposes 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 litre authority,and acknowledges same to be the art and deed of said corporations. OFFICIAL SEAL +i EUZA PRICE 48 >•arar rtwtw,Xrwxa CW""exs rr saw:rrr7yos My Commission Expires September I7,2006 Eliza Prion V Notary Public CERTMCATE I,Mary A.Ribil awskis,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-Lase and Resolution of the Board.of Directors of the corporations printed on the reverse hereof is still in force. In testimony whamf t have hereunto subscribed my name and affixed the seal of the said corporations this 1 Ith day of Febnv y _ Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania ant sE, SEAL ' loom Form.F6853-11/2001 Mary A. ikafjkis Assistant Secretary Mate of CALIFORNIA County of LOS ANGELES on February 11, 2004 before me, Sandy Hanner-Notary Public Oat* NAME,TITLE OF OFFICER.."JANE DOE.NOTARY PusLIC" 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 persona} whose name(4 ishtnoubscribed to the within instrument and acknowledged to the that Wshe&W executed the same in hWherflulit authorized capalcttypva� and that by PiWher/#W signature{x) on the instrument the person(t), or the entity upon behalf of which the person(30 acted, executed the instrument. ••�==..:..:•. •= SWITNESS y hand and offl ' I seal. ANDY HANNM Commission#1362157 Notary Public-CaWja Ia SIGNATUREOE NOTARY Los Angeles Cour My Conn.Expires JW2 2008 C} Lo PTIC NALAL 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 { } ATTORNEY-IN-FACT NUMBER OF PAGES { .) TRUSTEE(S) GUARDIAN/CONSERVATOR {�..) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426.8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California tY � - Coon o �1 ss. On �—t5 , before me, 0 �+�1 Data Nath NW r {a p !ra a Da, Pydr t`) ' personally appeared Name{,)of stoma) � &Monaliy known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and t — acknowledged to me that*shf tthey executed DENISE L CRISTIANO the same in his/jterltheir authorized • Commission# 1296216 capacity(les), and that byr/their ., Notary Public -� Californic signature(s) on the instrument the pe son(s), or t Contra Costo County r the entity upon behalf of which the person(s) ! Comm.Expires Mtx fz 2M5 acted, executed the instrument. WIT SS my hand and offici s s+�udwa t t OPTIONAL Though the information below is not required by law,It may prove valuable to persons retying on the document and could prevent ( fraudulent removal and reattachment of this form to another document. ' description of Attached Document Title or Type of Document: Document Date: Number of pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: rl individual Top of thumb here ® Corporate Officer--Title(s): © Partner--0 Limited ©General C Attorney-in-Fact 0 Trustee ( rl Guardian or Conservator t 17 Other: I Signer is Representing: 1 0 1999 National Notary Awsodobn•9350 04 5nm Awa.,P6,Box 2402•Chatsworth,CA 81313.2,902•w ,nadovwnotawy org Prod.No.5907_ Pioordar Cali Tat-Froe 1-B00-e76•6827 LJ Executed in Triplicate Subdivision/Tract 8690/N-4,Gate Marsch II,Parcel#E222-280-001-0 Subdivision/Tract 8688/N-2B,Gale Ranch II,Parcels 4222-280-001-9, CWA uR 222-270-001-1,222-270-002-9 Increase -Decrease Rider To BE ATTACHED TO and form part of Bond Number 929 299 732 issued by the National Fire Insurance C2Mpany of Hartford as Surety,on behalf of Qa1ri I dsx wM-Comagtim of-hk1piM CA hereinafter referred to as the Principal,and in favor ofCpntraCosta of Martin CA hereinafter referred to as the Obligee,effective the 11th day of Fetraasy,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 w day Vabr uary , 2004 ,and subject to all the terms, conditions and limitations of the attached bond,the penal sum thereof shag be and the some is hereby increased from the Burn of Five Hundred Thirty Fight lbousand Six Hun6red and Nn/1 M** Dollars(108,600,00" , ) to the sura of ix dred Nin a One Hun god No/100" ' D ollars t 5691,100.00** ) IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations Of the attached bond, the aggMte liabli of the Surety for any toss occurring prior to said date shall not exceed the sum of Five Hun Thi Eight Thousand Six Hundred and No/]00** .Dollars 0538,600.00** }, or for any loss occurring subsequent to Bald date shall not exceed the sura of Six Hundred Ninety One Thousand One Hundred and No/I00** $691,100.00** Dollars( ), In no event,however,shall the aggregate liability of the Surety exceed the larger of the aforementioned suras, It being the intent hereof to preclude cumulative liability. SIGNED,SI=ALSO AND DATED this 7th day Of May 2004 Accepted By Country of Contra Costa Shaped Industries,Inc.,a Delaware Corporation (Principal) v. By: fir' 'L^-°e'�" .. '7i (Seal) TruebridcW, Asst. V.P. B : ' LATE: � �.�... :Ken Cox, Asst. Sec. BOND R,E�ANI`!APPROVED National Fire Insurance Company of Hartford CONTRA COSTA COUNTY Surety) TRE UE COLLECTOR 9v' % 4- - (Seal) 3Y: t Pamela L.Stocks Attorney-in-fact SUR-23189-0 POWER 0k*A'g•'1UkttVLt Y AYYV1Pe i12'et..XtY11tY1Liiltit. �s R cktste�x-ue-rrss.a Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies'), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Individually of Sherman Oaks,CA,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf blonds,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'Nice President and their corporate seals to be hereto affixed on this 9th day of July,2003. r .'t + Conti nental Casualty Company . ` National.Fire Insurance Company of Hartford co ��rro American Casualty Company of Reading,Pennsylvania � r t3 ` s AXY 31, 1a Sts111. 'cown . 101 #E Michael Gengler Sejh Se ' Vice President State of Illinois,County of Cook,ss: On this 9th day of July,2003,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 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 SEALELIZA PPJCE - 6 • NOtAiIY iUbW„QA(E 6F"NOW wr*WNAN"*e urn-"* My Commission Expires September I7,2006 Eliza Price Notary Public CERTMCATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insti ante 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 gn de reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this h day of May 004 t ri qty e „ Continental Casualty Company + ` National Fire Insurance Company of Hartford c *e ,r�rro x American Casualty Company of Reading,Pennsylvania uutr 7t. �t-j SEAL Mary A.R1bika kis Assistant Secretary Form F6853 State of CALIFORNIA County of LCIS ANGELES on May 7, 2(}44 before me, Sandy Manner- Notary Public Date NAME, TITLE OF OFFICER,,-JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stacks NAMEM)OF SIGNER(S) ( } personalty known to me—OR — {----}Proved to me on the basis of satisfactory evidence to be the person(&) whose name(4 ishamsubscrlbed to the within instrument and acknowledged to Ine that bal0he/itft executed the same in bdar/herlliat authorized capacttyoeo, and that by NWherJftW signature(a) on the instrument the person{g}, or the entity upon behalf of which the person{so acted, executed the instrument. —..,... WITNESS y hand and ial seat. SAN{3Y HANKER Commission#1362157 •+s Notary Public-C8lifomla IfiNA fiE OF NOTARY Lets Angeles County My Comm.Expires Jul 2,2t06 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 OF'F'ICER TITLE(S) TITLE OR TYPE OF DOCUMENT {_, } PARTNER(S) ( .„) LIMITED (_ } GENERAL { } ATTORNEY-IN-FACT DUMBER OF PAGES {�} TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Comi2anv of Hartford SIGNER(S)OTHER THAN NAMED ABOVE G.,O7<26.a .,✓- ,. . .. . .. . ,.. . . .. ,.., ,�>: y:..,...,':^" ..epi`:;"`'"..,rY�r�.ff''>:^;.�' Y4� CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California 5 County of Santa Clara On May 10,2004,before me, Janice T. Kruse,Notary Public personally appeared,J.C. ?� Truebridge& Ken Cox personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons,or the entity upon behalf of which the persons acted, executed the instrument, z JAMCE T KMMME z Cornn*sion#1318697 Notary Pubk•cttWamlrx WITNESS my hand and official seal. 4 scmks 000 Cow* � Si ature of Notary Public Optional Information i> s� Title or Type of Document: Increase/Decrease Rider-Bond #929299732 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of ShapellIndustries Inc. S4 � fl ;l ij ,;t GENERAL PURPOSE RIDER To be attached to and form part of Bond Number.___-_929 299 732 affective February 11,2004 issued by the _._National Fire Insurance Company_of Hartford in the amount of $691,100.00 DOLLARS, on behalf of Shapeli industries,Inc.,a Delaware Corporation as Principal and in favor of County of Contra Costa as Obligee: Now, Therefore, it is agreed that: the following tracts are included under this bond no.929 299 732: Tract 8690/N-4,Orale Ranch 11,Parcel#222-280-001-0 Tract 8688/N-2B,Gale lunch 11,Parcels#222-280-001-9,222-270-001-1,222-270-002-9 Tract 8699/N-5,Gale Ranch 11,Parcel 222-280-001-9 Tract 8682/N-7,Gale Ranch 11,Parcel 222-280-001-9 **« DATE, D ONI7 R T EVTE WAD CONT CO�T�Ci1�V7`Y APPROVED �2LCOUNCTOP It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This rider is to be effective the ]lth day of February 2004 Signed, sealed and dated this 16th day of August 2004 Shapell Industries,Inc.,a Delaware Corporation (Principal) National 'e Insurance Corn y o�Hartford (Surety--Z ) Y. Pamela L.Stocks Attorney-in-Fact By: /A16/ Accepted By: Form F5340 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 Mate of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L.Stocks Beverly A. Hall Sandra V.Hanner,Individually of Sherman Oaks,California their true and lawful Attorneys)in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature --In Unlimited Amounts--- and to hind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 3rd day of August,2001. Fyo� l Continental Casualty Company rr �� National Fire insurance Company of Hartford a American Casualty Company of Reading,Pennsylvania SEAL.. JUEmu 4 Michael Gengier Group Vice President State of Illinois,County of Cook,ss: On this 3rd day of August,2001,before me personally carne Michael Gengler to me known,who,being by me duly swum,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. a"FAULXNER �, IINr1r 1hrr�t.11MM►W!1Wwi� i 2i iA1r 0rIII 4 C if17ID! • 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 By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is stili in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 6th day of August ,2004. �r 4* Continental Casualty Company 00WOKft National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania �c> SQL 'r •� Mary A.Ribikawskis Assistant Secretary (Rev. 1/23/01) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the 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 attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 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: 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 Vl--xecutlon of Obligations and Appointment of Attomeydn-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 attomeys-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 attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duty 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 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,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 Aftomey-in-Fact,subject to the limitations set forth in their respective certificates of authority,shalt have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 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 Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of -- -Calif mia County of Los Aneleles On _ August 16, 2004 before me. Sandy Hanner- Notary Public Date NAME,TITLE OF OFFICER„ "JANE DOE, NOTARY TU LIC- personally appeared Pamela L. Stacks NAME(S)OF SIGNER(S) ( }personally known to me - OR - (__...) proved to me on the basis of satisfactory evidence to be the personps) whose name{4 ishasubscribed to the within instrument and acknowledged to me that bt*she/itW executed the same in hiWherl*49 authorized capacity(, and that by NWherl r signature(s) on the instrument the person(g), or the entity upon behalf of which the person(so acted, executed the instrument. SANDY HAtMER WITN S 4 I Los Angers County my hand of#Iciall seal. _ Commission#1362157 -�: Notary Public-California SIA ATURE OF NOTARY My Comm.Expires Jul 2,20106 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 ( } ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) (�) GUARDIAN/CONSERVATOR {�) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE. G-10742E-8 l J \1 JJ ll CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara } On August 18,2004, before me,Janice T. Kruse, Notary Public personally appeared, J.C. Truebridge&Ken Cox personally known to me to be the persons whose.names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons, or a the entity upon behalf of which the persons acted, executed the instrument. T KRUSE Convrjulonta7a697 WITNESS my hand d official seal. nia Ckyru Crxmly ' My cr ww"J 24, gignature of Notary Public f- r >. Optional information Title or Type of Document. General Purpose Rider- Tract 8690IN-4. 86881N-2B 8699/N-5, 8682/N-7 Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of Shau-„ellIndustries Inc.