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MINUTES - 04052005 - 2005 RES 199
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 5,2005,by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER AND UILKEMA NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE RESOLUTION NO. 199'< SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 02-08682, being developed by Shapell Industries of Northern California, a division of Shapell Industries,Inc.,a Delaware Corp.,San Ramon(Dougherty Valley)area. (District III) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 02-08682, property located in the San Ramon (Dougherty Valley)area,Supervisorial District III,said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Shapell Industries of Northern California,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: $22,900.00 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 Originator:Public Works(ES) I hereby certify that this is a true and correct copy of an action Contact: Teri Rie(313-2363) taken and entered on the minutes of the Board of Supervisors SG:rtn on the date shown. G:\GrpData\EngSvc\BO\2005\04-05LSD 02-8682 B0-21.doc cc: Public Works-T.Bell,Construction Current Planning,Community Development Shapell Industries of Northern California APRIL {� � 100 N.Milpitas Blvd. ATTESTED: s 05 Milpitas,CA 95036 Aim:Sam Warden&Stew Savage JOHN SWEETEN, Clerk of the Board of Supervisors and National Fire Insurance Company of Hartford County Administrator 5820 Canoga Avenue,Suite 200 Woodland Hills,CA 91367 Atm:Pamela L.Smocks By ,Deputy RESOLUTION NO.2005/ 199 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 02-08682, 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: April 5,2005 PAGE: 2 B. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number: 929 299 754 Date: July 23, 2004 Performance Amount: $2,269,900.00 Labor&Materials Amount: $1,146,400.00 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 2004-2005 tax lien has been paid in full and the 2005-2006 tax lien,which became a lien on the first day of January 2005, is estimated to be $636,500.00, with security guaranteeing payment of said tax lien as follows: Security for Tract 8682 is covered by the security for Tract 8681. • Tax Surety Bond Company: National Fire Insurance Company of Hartford Bond Number: 929 348 486 Date: March 11,2005 Amount: $636,500.00 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 NO. 2005/199 4i Y Y Wit PL �r { Y 4 cc � " I t �. Q W r %law- ,rpt 6i W 'f t 0 t a`"`(l1 4-- Ing W 115 � ��a S �p N ©EnI ZFF�mti Ego z V F- c� R a W = r� FF�� �„• a.w Z �¢jj d Zd�yZ W f C N �45 tL Nd K� 2 mw 6 T ! 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Ie L = W + Hillyr19 w ce P a � dam' $,� �; M. &® s cs I \ OL23 LV*W J05 83(m-M 00 *16 04 mr-, � 1w ex101 t },y I i f 0 un ns amara wmsaa�u �.wrrrr+�e�msw�xu.mrrsn�.��.swo�u�au3iw�A _ SUBDIVISION AGREEMENT '✓ (Gov.Code,§§66462 and 66463) Subdivision: "TAT kv— rr 1� i"1Gh I� Effective Date: Subdivider. 15Agf&:_ 1M*5;tTtjeS OF NOMW 4A61fcW& Completion Period: i THESE SIGNATURES ATTEST TO THE PARTIES'A/G'REEEEMENT HERETO: CONTRA COSTA COUNTY ( SUBDIVIDER Maurice M.Shlu,Public Works Director n By: Ali .h n P t Name RECOMMENDED F Al: Print Title Tnrft Name o alk., ngmaenng services Mason PrIm TI 1e FORMAPPROVED: Sffvano 8.Marchesi,County CounselNT OTE:Aiisignatures must be acknowledged.If Subdivider is incorporated,the contract must be signed by two offivars.The first signature must be that of the chairman of the board,president,or vire-president the second signature must be that of the secretary, assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of California } } as. County of ) On the date written below,before me,the undersigned Notary Public persona#y a the person(s)signing above for personally known to me(or proved tome on the basis ofsatisfactory evidenc o)to be the (s)whose name(s)Ware subscribed to the within instrument and acknowledged ro me thathelsheRhey executed the same in histherttheir authorized capacky{ies),and that hedElr signature(s)on the instrument the person(s),or the entity upon behati of which the person(s)acted, executed the instrument WITNESS my hand and ollicial seal. , Dated: � Notary Public (Notary Seal) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter'County")and the abova-mentioned Subdivider mutualty promise and agree as follows concerning this Subdivision: 2. IMPROVEMENT&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 requlm d by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto (hereinafter"Ord Tian,a Coyle'). Subdividershail complete said improvements(hereinafter"Work")withtn the above completion period from date hereof,as required by California Subdivision Map Act(Gov. Co(*§§%C at seq.)in a good workmanlike manner,In accordance with accepted construction practices and in a manner equal or superior 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 shag govern. 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 Performance and Guarantee:S 2.ZAP0,00 cash,plus additional security,in the amount of$212GOi'},which together total one hundred percent(100%)of to estimated cost of the Work. Such additional security is presented in the form of: Cash,cerfled check or cashler's check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,Subdivkferguarantees performance under this Agreement and maintenance of to Work forone yearafter Its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment Security in the amount:$i 04(e .00.00,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. Form Approved by County Counsel Acceptable irrevocable letter of credIL [Rev.9103] Page 1 of 2 �W�vWW-V..'�f.iV�/� '.�/�i�.-VAN./V�I✓v\•'�/�M/�/�tiNv�/!v"..^./�/�,^./�/,�.',�I�,hM.�✓�M/�'v'.n/�.�/�.�✓✓.M��✓�N'✓�/vWVWWWV�N✓�/,/WV�N�/w /l 5����I i�'�.' M/V`�/�N,�✓,J,i�,^�/'./_:`.NIS.N\i./�.�M/.N✓,r�/�`._N`✓VW�/././��N�.^v✓..� ^.lJ.n/�N�'V�/VAI✓"M/�./VVW�/'v"J\i,/�/�M/`/�:.NJW,/�����i./✓�< )` ZI II� 1� CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT }s State of California z S )�County of Santa Clara On September 15, 2404,before me,Janice T. Kruse,Notary Public personally appeared >' Robert D. Moore and Ken Coit known to me to be the persons whose name are `z subscribed to the within instrument and acknowledged to me that they executed the same z 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. > 5; JANICE T.KoRtW441 LWITNESS my hand and official seal. S? I Corr�rnission#13113897 ,r Notary Public•California s Santa Claa Countymy comm.bpkw AW Signature of Notary Public Optional Information >S Title or Type of Document: Subdivision Agreement Cale Ranch 11, Neighborhood 7 �s >1 Capacity Claimed by Signer. Assistant Vice President and Assistant Secretary of Shavell Industries, Inc. l >z �' 11 S^ _ COUNTY Of CONTRA COSTA _ DEPOSIT PERMIT t OFFICE OF COUNTY ALIWOR-CONTRO j MARTINEZ,CAUFORNIA TO n*TREASURER: RECEIVED FROM ORGAMZATION NUMBER fi 4 { (For Cash Col6dion Procedures we County Administrator's Bulletin 11554 DESCFdPTION fUND/OR'O. SLqk TALC OPTION ACTINM AMOUNT '93 t _ . �w ffl t t r' (All I t Awl Lai v's oil C i .. ..: k a.. Y71 . ll -TOTAL $ NAT ris E $ �I/ [) ���f c _dam'; .t .yy2Y ll.1 `1.".:i1^ T ry {✓r.+ 1✓ } f'fir' ..wJ r✓ 'J k�l"r�Sr- S FQR klt t f dCONTROLLER USE ONLY DEPaIT t�t�r tip _ ... . DATE 430054 �U " t0 ASSIGNED — The amount of money describad,abave;is for Treasurer's receipt of above-amount is approved. Receipt of abeveunt is hereby posit into the County recrsu acknrsw _ - ___ DD d. Titter 't r' r, ` EXT. Signed Deputy.Cwmty Audita► Deputy County Treasurer JC. _. COUNTY OF CONTRA COSTA DEPOSIT PERMIT C-JFFICE OF COUNTY AUCNTOR-CONTROLLER ,4ItER: MARTINEZ,CALIFORNIA 16 FROM '~ ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUL !TASKFOPTION ACTIVITY AMOUNT E E _.✓K� �t � .--�'" rte,..' � /' t I��^`1 1 r E E t _ 1 E 1 t 1 t I t _ 1 I E t I E I 1 EXPLANATION: _._ .--------.--__- TOTAL $ DEPOSIT Deposit consists of they fallowing items t _ RRENCY $ CHECKS.kOQ ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT DP2 PERMIT NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the Cau�ft Treasury. ackrwwiedg �r �# Sig Sinned: s�. Title �` f i ; s',✓ EX? J C; Deputy County Auditor Deputy County Treasurer D-3d REV.(7-93) 0649-9665 / 831000: G1139900, $64,900.00, Sub 8681, Inspection, Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 1 831000: G1139901, $127,100.00, Sub 8699, Inspection, Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA 95035 0549-9665 / 831000: G1139903, $1063700.00, 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 35035 8I9800-0804: G1139900, $13.600.04, Sub 8681 Cash Bond, Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1139901, $27,500.00,Sub 8699 Cash Bond, Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1139903, $22.900.00,Sub 8682 Cash Bond, Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA 95035 Subdivision' 86821N-7iMonarGh,Gale Ranch It Bond No.: 929 299 754 Premium: $17,024.00 IMPROVEMENT SECUmY BOND FOR SUBDIVI5IoN AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 -66499.10) 1. RL CITAL OF SVBDI ISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8682/N-7/Monarch , as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. OBLIGATION: Shape!(Industries of Northern California,a Division of Shell Industries,Inc_.,a oe#_aware Corp. as prmcipal and National Fireinsurance Comoanv of Hartford , a corporation organized and existing under the laws of the State of _ CT and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: Two Million Two Hundred Sixty Nine Thousand Nine Hundred No/100*** Dollars ($ 2,269,9001.00*** ) for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: One Million One Hundred Forty Six Thousand Four Hundred No/100 ,Dollars ($ 1,146,400.00*** } 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 perforin the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain(in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs arid.included it.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 finer,and ether persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any bind, or for amounts due under the Unemployment insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of 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 bond be fully perfonned,then this obligation shail bccomc null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee) shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without furthe-notice to or consent by the surety; and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itselfbound without regard to and independently of any action against the principal whenever taken, SIGNED AIND SEALED oil July 23,2004 Shapell Industries of Northern California,a PRINCIPAL: Division of Shaped Industries.Inc.,a Delaware Corp. SURETY. National Fire Insurance Company of Hartford' Address: 900 N.Milpitas Blvd. Address: 5820 Canoga Avenue Suite 200 Milpitas,CA wV)"nd Hills,CA Zip: 9'357 - City: _ Zip" 95035 City By: G "�' t5'j31424P Ct: Print Name: Pamela L.Stocks Pant Name. V __. Title: � _ ,,_. Title: Attorney-in-Fact BY: Print Name: Title: JDIniv dap G:1Gp e�xl ngSYc�=orvu`.F3NWC?RMBW2_dnc Rev.My 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 Bever) A.Halt Sandra V.Hanner,Individual) 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 bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 3rd day of August,2001. 4yt,, `em Continental Casualty Company err my National Fire insurance Company of Hartford American Casualty Company of Leading,Pennsylvania AXY 11. 00 SEAL IM Michael Gengier Croup Vice President State of Illinois,County of Cook,as: On this 3rd day of August,2001,before me personally came Michael Gengler to me known,who,being by me duly swam,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice president of Continental Casualty Company,National Fire insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described in and which executed the above instrument,that he knows the 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. DUM PAULIOM + rrww ft61%saw wnwr 2 Yr�wrirn,�rwww 1ut71�►i My Commission Expires September 17,2001 Chane 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 mower of Attorney herein above set forth is still in force,and further certify that the By-Low and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 23rd day of 4 Continental Casualty Company National t=ire Insurance Company of Hartford a► American Casualty Company of Reading,Pennsylvania JtiLY 71, SEAQ. r re197Wo 50 'a Mary A.Ribikawskis Assistant Secretary (Rev. 1123101) 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 adapted 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 seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any aftomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adapted 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 Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adapted 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 Attomey-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 adapted 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 California County of Lias Angeles Or, July 23,2004 before me, SandyHanner- No ary Public Date NAME, TITLE OF OFFICER_ 'JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) ( } personally known to me—OR — ( -) proved to me on the basis of satisfactory evidence to be the person(g) whose name(*is/amsubscribed to the within instrument and acknowledged to me that hsishe&W executed the same in bdr/her/authorized caparcityosaj and that by NWher/#M signature(&) on the instrument the person(g), or the entity upon behalf of which the parsons$ acted, executed the instrument. NJ FY WITNLSMY ell seal. �r,4 SAYFiANNixR � Commission#1362157 SIG ATURE OF NOTARY ' Notary Public-California t Los Angeles County My Comm.Expires Jul 2.2W6 OPTIONAL Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (� ) INDIVIDUAL ( ) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT {�} PARTNER(S) (__.) LIMITED (�.} GENERAL NUMBER OF PAGES ( } ATTORNEY-IN-FACT TRUSTEE(S) (- } GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426.8 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this I isclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectivdly 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 Dartford,..American Casualty Company of Reading; PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE-QE EMERAL R I ` TI YIN EADOM OF TERRORISNC LOSS The United. States will pay ninety percent (909/u) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of D ss. --I _ ]�)7 �} On ..�t k 11•� r r— before me, COY) VCS" C� ate_T 3 ,,,,. Name gntl jhie of Officer(e, ane Doe,NotaryR0b1' personally appeared +-J e K _tLLQ `.-ti'" llr&t Name(s)of Signer(s) personally known to me D proved to me on the basis of satisfactory evidence SARON,AV0YY to be the person(s) whose name(s) ie re` Commisrlon#1445141 subscribed to the within instrument and �r Notary Public-Catforinla acknowledged to me that he executed Sofas Clara County f the same in -htsheiauthori d My Comm.ExpimsOct 13,2i10 capacity(ies), and that by 44hei signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE my hand and o tial seal. ign Wra of N ry PuWic 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 "pMTitle or Type of Document: p ",ilk tt, d. tYiCX qZ,7 Zq`I `7 Document Cate: 3-17,3 Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: i V14 VAI M. Individual Top of thumb here 7 Corporate Officer—Title(s): LErtner— Limited General orney-in-Fact stee ardian or ConservatorEl her: r is Representing: MW d'.999 National Notary Association•9850 De Sato Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402-www.nationatnotaryorg Prod.No.5907 Reorder:Cal:Tall-Free 1.900.876-8627 VOID AFTER 412`2105 318105 FATCO $42 8682 Tax Collector's Office William J.Poliacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 P O Box 639 {- Russell V.Watts '` Martinez, California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX "� Tax Operations supervisor - o C�rj G Date: 3/8/2005 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract 1 MS # City T.R.A. 8682 SAN RAMON 66405 Parcel#: 222-280-001-9 222-280-002-7 222-280-007-6 222-280-008-4 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 2004-2005 tax lien has been paid in full. Our estimate of the 2005-2006 tax lien, which became a lien on the first day of January, 2005 is $636,500.00 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 approval of adequacy of security prior to filing with the Cleric of the Board of Supervisors. Security for tract 8682 will be covered by the security for tract 8681 WILLIAM J. POLLACEK, Treasurer-Tax Collector BY, COPY Bond No.929 348 486 Premium: $6,365.00 PRINCIPAL TITLE COMPANY SURETY Shapell Industries,Inc. First American Title Co. National Fire Insurance Company of Hartford 100 N.Milpitas Blvd. 1355 Willow Way,4100 2355 E.Camalback hoard,Suite 500 Milpitas,CA 95035 Concord,Ca 94520 Phoenix,AZ 85016 Sam Worden Attn.: Barbara Pinto Attn: Mike LaLonde Ph: 408-946-1550 Phone: 925-356-7025 Phone:602-212-3233 FATC©##135326611353286 Parcel No.222-280-001-9;222-280-003-5;222-280-002-7 Tax year 20051 2006 BOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS: THAT Shapell Industries, Inc., a Delaware Corporation,as principal and (Surety) National Fire insurance Company of Hartford , a corporation organized and existing under the laws of the State of_ CT , and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California,in the puna! sum of Six Hundred Thirty Six Thousand Five Hundred Dollars($636,500.00),to be paid to said County of Contra Costa, for the payment of which will and truly be made, we and each of us bind ourselves,our heirs, executors, administrators and successors,jointly and severally, firmly by these presents. Sealed with our Seals and dated this 11th day of March 2005. The conditions of the above obligation is such that WHEREAS,the above bounded principal is about to file maps entitled 8681. and 8682, and covering subdivisions of a tract of land in said County of Contra Costa and there are certain liens for taxes and special assessments collected as taxes, against the said tract of land covered by said map, which taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE,if the said Principal, shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said tract,then this obligation shall be void and of no effect, otherwise it shall remain in full force and effect. SHAPELL Industries, Inc., National Fire Insurance Company of Hartford A Delaware Corporation ]3y: (�„f 1'rinC al ` J orne rety Gina C7'S ea,At y-in-Tact I3y: / Principal j bATE: (;rotary acknowledgment attached) tbND REVIEWED AND APPROVED tbf4*t A COSTA COUNTY 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 Con.tecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted, as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 16th day of April,2004. Continental Casualty Company National Fire Insurance Company of Hartford 00APMATe ! �w ' r�o American Casualty Company of Reading,Pennsylvania SEAL i9C2 ?Dol NA • Michael Gengler Sen` Vice President State of Illinois,County of Cook,ss: On this 16th day of April,2004,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL ELIZA PRICE NOF!!RY FU9UC,MAi'60F ILLIN016 MY OOMMMOM exp"M:02M704OW 1 —t My Commission Expires September 17, 2006 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania;a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 11th day of March . 2005 Df a, Continental Casualty Company National Fire Insurance Company of Hartford .�rFAmerican Casualty Company of Reading,Pennsylvania JULY 31, coo• Mary A.Rikafjkis Assistant Secretary Form F6853-11/2001 State of CalifOmia County of Los Angeles before efore tris, March 11,2005 Sandy Hanner o Notary Public , Date NAME. TITLE OF OFFICER„ "JANE DOE. NOTARY PUSLiC' personally appeared Gina O'Shea NAME(S)OF SIGNER(S) personally known to me-OR - (—) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/mm subscribed to the within instrument and acknowledged to me that ho/she/Vlft executed the same in*ftiherl*ak authorized capacity), and that by hwher/W&W signature(s)on the instrument the person(5), or the entity upon behalf of which the person(s) acted, executed the instrument. .d WiTNE I'my hand and la t seat. 4mySANDY n#1361; �. Commission#1362!57 , Notary Public-CiSIGNATURE OF NOTARYLos Angeles County C Expires 3W 2,2006 jP 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 ATTACKED 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 ENTfTY(IES) Matianal Eire In asrarir.P C rr►rranv of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 3for<2t3.8 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On March 14, 2005,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. WITNESS my hand and official seal. JAMS E Y.KRUSE Cart'inrsvon# 1318697 � -• L Notary PUb5c-Catttornia menta C O O Ccun1Y My�;orsMr EXpi �+D24,2o05 Signature of Notary Public Optional Information Title or Type of Document: 2005-2006 Tax Bond-Tract 8681 & 8682 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Sha Pell Industries, Inc. CONIRR COSTA coRecorder Office Recorded at the request of: $'�* AIR C10 119723-00 Contra Costa County Board of Supervisors Return to: DOCWednes" PR 06, 2005 14!09!16 Public Works Department FIRE $0,00 Engineering Services Division �� WOO `Nbr10263 40 15 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 5, 2005, by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER AND UILKEMA NOES: DONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: i\1ONE RESOLUTION NO. 2005/ 200 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 02-08683, San Ramon (Dougherty Valley) area. (District III) These landscape improvements are approximately located along Bollinger Canyon Road between Dougherty Road and South Wedgewood Road. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements in Subdivision 0208583 have been completed as provided in the Subdivision Agreement with Shapell Industries of Northern California, a Division of Shapell Industries, Inc. heretofore approved by this Board in conjunction with the filing of the Subdivision Map. ;v:n 0:\GrpData\EngSveBO\2005\04-0$\SD 02-08683.doc Originator- Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB I.D.95-2578030 I hereby certify that this is a true and correct copy of an cc: Public Works -T.Bell,Construction Div. Shapell Industries of Northern California action taken and entered on the minutes of the Board of 100 North Milpitas Blvd. Supervisors on the date Shown. Milpitas,CA 95035 Attn:S.Savage,S.Worden,&J.Gold National Fire Insurance Company of Hartford ATTESTED: APRIL 05, 2005 5820 Canoga Ave.,Suite 200 Woodland Huls,CA 91367 JOHN SWEETEN, Clerk of the Board of Supervisors and City of San Ramon Attn:Chris Low County Administrator 3180 Crow Canyon PI.,Ste 140 San Ramon,CA 94583 By . .Deputy RESOLUTION NO.2oo5/ 200 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 02-08683, San Ramon (Dougherty Valley) area. (District ICI) DATE: April 5, 2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of April 5,2005 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY February 24, 2004 National Fire Insurance Company of Hartford BE IT FURTHER.RESOLVED the payment (labor and materials) surety for $70,300.00, Bond No. 929 299 651 issued by the above surety be RETAINED for the six month lien guarantee period until October 5,2005, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements in Subdivision 02-08683 are ACCEPTED AS COMPLETE. Upon completion of the one-year warranty and maintenance period for the street landscaping,the San Ramon City Council shall accept the public improvements (street landscaping) for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established, and the$1,400.00 cash deposit(Auditor's Deposit Permit No. 417521, dated January 8,2004)made by Shapell Industries of Northern California,a Division ofShapell Industries, Inc. and the performance/maintenance bond rider for$20,880.00,Bond No. 929 299 651 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.4061 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION No. 2005/200 Executed in Triplicate RETY Tract 8683, N-11, Cornerstone,266 Lots wpm SU INCREASE - DECREASE RIDER 929 TO BE ATTACHED TO and form part of Bond Number 299651 issued by the National Eire insurance Company of Hartford ., as Surety, on behalf of Shapelf Industries of Northern California a Division of Shapell Industries Inc of Milpitas, CA hereinafter referred to as the Principal,and in.favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee, effective the 15th day of December 2003 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 3rd day of February 1 2005 , and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby "DECREASED" — from the sum of One Hundred Thirty Nine Thousand Two Hundred and No/100—(Performance Only) Dollars($ 139,200.00*' ),to the sum of Twenty_Thousand 6,ghi Hundred Ei hefty and No/100"(Performance Only) Dollars($ 20.880.00" ), IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the suns of One Hundred Thirty Nine Lbousand Two Hundred and NcL/100•,•(Pedarmance Only) Dollars($S 139,200,00" ) or for any loss occurring subsequent to said date shall not exceed the sum of Twenty Thousand Eight Hundred Eighty and Nol100-(Performance Only) Dollars($ 20,880,00'" ) In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it being the intent hereof to preclude cumulative liability. SIGNED, SEALED AND DATED thl( 9th day of _ Febru-ary,2005, Shapell Industries of Northern California, a Division County of Contra to of Shapell industries, Inc. Z. re, Sy — By (Sea!) P�bsst. V.P. By (Seal) Ken Cox, Asst. Secretary National Fir'insurance Company of Hartford Form F4763 (Sea!) Pamela L. Stocks Attorncy-in-Fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an IIlinois 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 Illino and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina 63 hea,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 16th day of April,2004. Continental Casualty Company �Nw�4y� �VA National Fire Insurance Company of Hartford arcRre ytlt�►CR4;rC American Casualty Company of Reading, Pennsylvania SEAQ. t90t t89'� .� HAt '� • Michael Gengler �Seni �Viceresident State of Illinois,County of Cook,ss: On this 16th day of April,2004,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of heading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL Et.tZA PRICE HDYa1tY RVBttC,ffiTATOK't'6 OFOR KLIH4I8 My Commission Expires September 17,2046 —Eliza Price V Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 9th day of February 2005 �o,, trtr 1N�Ulp# Continental Casualty Company '" National Fire Insurance Company of Hartford 0ft*0aAr p arr American Casualty Company of heading,Pennsylvania tw iVuv it, 0 SEAL Y , tact aj Mary A. Rikav2kis Assistant Secretary Form F6853-11/2001 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted 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 thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board Of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17"'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,PENNSYLVANI.A: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI---Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17`fi 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 Februai-y 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of California County of Los Angeles On February 9,2005 before me. Sandy Hanner-Notary Public Date NAME, TITLE OF OFFICER, -JANE 0t7E. NUI ARY PUBLIC' personally appeared Pamela L. Stocks NAME(S)OF StGNER(S) {X) personally known to me—OR — (,_.....) proved to me on the basis of satisfactory evidence to be the person(s) whose name(*) is/**subscribed to the within instrument and acknowledged to me that xe/shelttt"executed the same in*Wher/Naair authorized capacityose), and that by kwher/m-# signature(s) on the instrument the person(, or the entity upon behalf of which the person(x) acted, executed the instrument. WITNE S my hand and o seat. SANDY HANNER aCommission#t362167 �Notary Public-Cafifornia SIONA RE OF NOTARY Los Angeles CountyMy Comm,Expires Jul 2,2t70tit?P7IONAL L Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (_.._.} INDIVIDUAL (.._.} CORPORATE OFFICER, TITLE(S) TITLE Obi TYPE OF DOCUMENT PARTNER(S) {._._) LIMITED {..� ) GENERAL (X) ATTORNEY-IN-FACT NUMBER OF PAGES (�,) TRUSTEE($) GUARDIAN/CONSERVATOR {�..) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING. NAME OF PERSON(S) OR ENTITY(IES) _Na innal Firp Insurance C:orttnanyfo Hartford SIGNER(S) OTHER THAN NAMED ABOVE 4.101424.8 NOTICE In accordance with the Terrorism.Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company dAmerica, 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. DISCLOURE CSE PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). C L I TI N I P T OF t RC3RI M The United States will pay ninety percent (00%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Farm F7310 \.\Y'.- y.\r,4h;`vYti'Vii\�N\,.1\+Y'Yy,'Yn.^..^.,V'.\,\\.h+'V,�..l V`�.^� +V\'\+•.ti\ .+^✓ '\,^`.'��vv;V\�.N,nM.'v\/Y'/!l\.'\/l�\,\lU\./\i\.'vV\l\n✓\ N .. \-v\.ti.•Nh:^.•'!\•1, ^'..''\+\, .n.n✓^. ... .. ... .. _ .;/:'�'^.. . .Nr✓`.J`✓\r.i.:^„'./\ri.v�r✓V�N`✓N`l,nlr/v^/•✓I .,1 j i� CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On February 11, 2005, before me, Janice T. Kruse, Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in 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. l .�....�.�. J;MGE T.KRUSE ie Commission# 1st8697 Notary Public•Gailtvrnla WITNESS my hand and official seal. � ;~� Santa Clara County My Comm,Expires Aug 2d,20015 \ r' Sigr�e of Notary Public Optional Information Title or Type of Document: Increase/Decrease Rider- Cornerstone Tract 8683 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries, Inc. .\ \\\.^,-t.'\. -�.YVYY1.t,Y\,'V\.Y\.••l.-\�.\n:'V,�.^.�+1\�Y .�\..../..V.,'.r.r�.;,�.f ti. .✓Y'V. Y. ;.J^%Y.y.. IA Executed.sn Triplicate CNA � �� -- Tract 8683, N-11, Cornerstone, 266 Lots SINCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 299 651 issued by the National Fire Insurance Company of Hartford as Surety,on behalf of Shaped Industries of Northern California,.a Division of Shapell Industries Inc. of Milpitas CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee, effective the 15th day of December 2003 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 3rd day of _ February 2005 , and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby *DECREASED*' __ from the sum of One Hundred Thirty Nine Thousand Two Hundred and No1100'**(Performance(Only) Dollars($ 139,200.00** ),to the sum of Twenty Thousand Bight Hundred Eighty and No(100"(Performance Only) Dollars($ 20,880-00. ). IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the sum of One Hundred Thirty,Nine Thousand Two Hundred and NDollars($ 139,200.00" ) or for any loss occurring subsequent to said date shall not exceed the sum of Twenty Thousand Eight Hundred Eighty and Noll 00"(Performance Only) Dollars($ 20,880.04" ). In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it being the intent hereof to preclude cumulative liability. SIGNED, SEALED AND DATED this 9th day of Febr ary 2005 Accepted By. Shaped Industries of Northern California, a Division Cou of Contra Cost of Shapell Industries, Inc. Prncipal) By _ By V (Seal) 0 D Ylo re, Asst. V.P. gy (Seal) National-�' Insurance Company f Hartford ty) Form F4763 t w (Seal) By Pamela L. Stocks t�ttoR'ncy-in-Pact FUNVER UY AT"T"ORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duty authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 16th day of April,2004. ,ry ,0Continental Casualty Company National Fire Insurance Company of Hartford eo�ta >tre �,etWWarr American Casualty Company of Reading,Pennsylvania JULY it, Michael Gengler Sent Vice President State of Illinois,County of Cook,ss: On this 16th day of April,2004,before me personally came Michael Gengler to me known,who,being by me duty sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL ELIzA PRICE NOTARY fU811{k,STAT$OF N.6MOIS MY GOAT =J0N expl"es:CiH7A♦ My Commission Expires September 17,2006 —Eliza Price V Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations Printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 9th day of ; eb_r 2005 A,LIAContinental Casualty Company �Ycx �� <?y �t�sctx� � wn y � National Fire Insurance Company of Hartford eoa�oRAr < Garro American Casualty Company of Reading, Pennsylvania JULY 31, PJ SEAL t9C2 1897 HA11 • Mary A. R ika kis Assistant Secretary Form F6853-11/2001 Vj 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-It'se 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 thereno. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or tide Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17`h day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the sea] 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 o`the Company. "Article VI----Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of'like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact.» This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17`h day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the 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 sea":ed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company" ADOPTED BY TIME 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 Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have fish 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 Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17'h day of February,1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the sea; 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 Febnuary 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of California County of Los An tiles - - - On February 9,2005 before me. Sandy Hanner-Notary Public Oita NAME, TITLE OF OFFICER., 'JANE DOE. NOTARY PU8L1C' personally appeared Pamela L. Stocks NAME(5)OF SIGNER(S) (X} personally known to me--OR - (_._,) proved to me on the basis of satisfactory evidence to be the person(%) whose name(a) is/>I s subscribed to the within instrument and acknowledged to me that he/she/ttft executed the same in*ls/her/ftir authorized capacityOsrs), and that by kwher/Wtwt signature(s)on the Instrument the person(g), or the entity upon behalf of which the person($) acted, executed the instrument. S �aANNE�t WI'TNES .my hand and o ' 'a+-seal. jCommission#1362157 ((,f,/ ' `- p �'ai Notary Pubfic-Califomia SIGNATURE OF NOTARY�`r" '' Los Angeles G.ounty M C rtt fr . J � 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($) TITLE OR TYPE OF DOCUMENT (...} PARTNER(S) {._.) LIMITED {�) GENERAL NUMBER OF PAGES (—x—) A770�tNEY-IN-FACT {�? TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF ©OCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Natiouaf Fire fn-guranr e Camnany of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 3Iori�4-e ,•E In accordance with the Terrorism.Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the fbHowing companies (collectively the "Writing Companies") as surety or insurer:Western Surety Company,Universal Surety of America, Surety Banding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American. Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, laid`, and The Continental Insurance Company. RL The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars 00.007. IME QF FEp' EgAL l P FT R I iV1 Tne `Crnited Mates will pay ninety percent (00%) of covered terrorism:losses exceeding the applicable surety/insurer deductible. Form F73!0 ti �✓�,.n^n/\,� r;�,�n.•w\.;\,i�,�.�,^„�-�.•tiv.ti.tivniv\, .�f.;vvr\ ti.\ f � w \•� •.M -•. r..,vlw;.�n.ny..^.�.n.lnn.nn;w.�\,.,v.�„•+/v\/vv r,,: Y .\ it 11 .S CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On February 11, 2005, before me, Janice T. Kruse,Notary Public personally appeared Robert A 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. .IAN"."! T.KRU5E Com mission n# 1318 697 Notary Public-California � WITNESS my hand and official seal. Santa Ciara county r iV1y Comm..Exf ms Aug 24,20705 ` Signature of Notary Public Optional Information Title or Type of Document: Increase/Decrease Rider® Cornerstone Tract 8683 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Sbayell Industries» loc. .. ... \,\ n..'v'.n.,^r.Mlr..+.n✓..N� .i✓�i./'✓ n.,'V` .!'. . .• r' ...;`. ..; '.W., . v,.^�✓.;i � iii��•/`��✓::1� /`