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HomeMy WebLinkAboutMINUTES - 05172005 - C5 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: May 17, 2005 SUBJECT: Acc2ting completion of improvements, San Ramon(Dougherty Valley) area. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION('S : ADOPT Resolution No. 2005 for Subdivision 01-08564,acceptmg completion of improvements for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The improvements are complete in accordance with the improvements plans and the ordinance code. CONSEOUENCES OF NEGATIVE ACTION: The improvements will not be accepted as complete. Continued on Attachment: SIGNATURE: ve�ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE(S): ACTION OF BO ON_ MAY 1-7, 9QQ5 APPROVED AS RECOMMENDED.Xx OTHER I VOTE OF SUPERVISORS NONE xx UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: TR:rm I hereby certify that this is a true and correct G:\GrpData\EngSvc\BO\2005105-171SD 01-08564 B045.doc copy of an action taken and entered on the Originator: Public Works(ES) Contact:Teri Fie(313-2363) minutes of the Board of Supervisors on the I.D.95-2578030 cc: Public Works -T.Bell,Construction Div. date shown. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. -I.Bergeron,Mapping Div. -J.Ysmael,Engineering Svc. -T.—March 17,2006 ATTESTED: MAY 17 2005 Sheriff-Patrol Div.CommanderCHP,c/o Al JOHN SWEETEN, Clerk of the Board of CSAA—Cartog Supervisors and County Administrator Shapell Industries of Northern California, a Division of Shapell Industries,Inc. 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:S.Savage&S.Worden By /.0 Deputy National Fire Insurance Company of Hartford 5820 Canoga Ave.,Ste 200 Woodland Hills,CA CONTRA COSTA Cc Recorder Office Recorded at the request of: STEPHEN L, WEIR Clerk=Recorder Contra Costa County DOCS 2 �0179764 0 0 Board of Supervisors Thursday ,19 2005 10:40:39 Return to: Y: : Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0100 Nbrm@@02704201 1rc/R9/1-13 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 17, 2005,by the following vote: AYES: SUPERVISORS GIOIA, PIEPH09 DESAULNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2005/ 294 SUBJECT: Accepting completion of improvements for Subdivision 01-08564, San Ramon (Dougherty Valley)area. (District III) These improvements are approximately located near Bollinger Canyon Road and Briar Oaks Road. The Public Works Director has notified this Board that the improvements in Subdivision 01- 08564 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. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of May 17, 2005 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: TR:rm G:1GrpData\EngSvc1B012005105-171SD 01-08564 B045.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact:Teri Rie(313-2363) Recording to be completed by COB action taken and entered on the minutes of the Board of I.D.95-2578030 Supervisors on the date shown. cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. -I.Bergeron,Mapping Div. ATTESTED: MAY 173 2005 -J.YT—MaEngineering Svc. -T. March Clerk of the Board of Supervisors andh 17,2006 JOHN SWEETEN, p Shriff-Patrol Div.Commander County Administrator CUP,coAI CSAA—Cartog Shapell Industries of Northern California, a Division of Shapell Industries,Inc. 100 N.Milpitas Blvd. BDeputy Milpitas,CA 95035 y Attn:S.Savage&S.Worden National Fire Insurance Coripany of Hartford 5820 Canoga Ave.,Ste 200 Woodland Hills,CA RESOLUTION NO.2005/ 294 SUBJECT: Accepting completion of improvements for Subdivision 01-08564, San Ramon (Dougherty Valley) area. (District 111) DATE: May 17, 2005 PAGE: 2 DATE OF AGREEMENT NAME OF BANK/SURETY March 4, 2003 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials)surety for$2,102,800.00, Bond No. 190 775 280 issued by the above surety be RETAINED for the six month lien guarantee period until November 17,2005,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 Briar Oaks Drive, Saturn Park Drive,Tiger Lily Drive, Deldrin Court, Begonia Court, Graciosa Court, Brower Court, and a portion of Brower Way and Saturn Park Court, the hereinafter described road(s), as shown and dedicated for public use on the Final Map of Subdivision 01-08564 filed April 2, 2003,in Book 453 of Maps at Page 1-9, Official Records of Contra Costa County, State of California, is/are ACCEPTED and DECLARED to be County road(s). Road Name Road-R/W Widths Lengths (Miles) Briar Oaks Drive 36'-56' (varies 81.05 at Bollinger entry) .44 Saturn Park Drive 36'-56' .26 Tiger Lily Drive 36'-56' .09 Deldrin Court 36'-56' .04 Begonia Court 36'-56' .03 Graciosa Court 36'-56' .03 Brower Court 36)-56'p .11 Brower Way 36'-56' .03 Saturn Park Court 36'-56' .02 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$42,100.00 cash deposit(Auditor's Deposit Permit No.397647,dated December 18, 2002) made by Shapell Industries for Northern California and the performance/maintenance surety bond rider for $624,525.00, Bond No. 190 775 280 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. Upon acceptance by the Board of Supervisors,the City of San Ramon shall accept Briar Oaks Drive, Saturn Park Drive,Tiger Lily Drive,Deldrin Court,Begonia Court,Graciosa Court,Brower Court,Brower Way and Saturn Park Court for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2005/294 CNASURETY Tract 8564, N-8,Coronado INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 190 775 280 issued by the National Fire Insurance Company of Hartford as Surety, on behalf of Shapell Industries of Northern California,a Division of Sha ell Industriesl 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 12th day of December . X002 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 14th day of March 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*.A from the sum of Four Million One Hundred Sixty Three Thousand Five Hundred No/1 00* Dollars($4,163,500.00** to the SUM of Six Hundred Twenty Four Thousand Five Hundred Twenty Five No/100** - Dollars($ 624,525.00** 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 Four Million One Hundred Sixty Three Thousand Five Hundred No/100* Dollars($ 4,163,500.00** or for any loss occurring subsequent to said date shall not exceed the sum of Six Hundred Twenty Four Thousand Five Hundred Twenty Five No/100** . Dollars($ 624,525.00** In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it being the intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATED this 16th day of March.,2005. Accepted By: Sha ell Industries of Northern California,a Division County of Contra%_Co of Shaped Industries, Inc. (Principal) By By (Seal) By ___ (Seal) 7��0 low Natiq4'al Fir Insurance Company ofriliartford Form F4763 (S Y) ,y (Seal) Pamela L. Stocks Attorney-in-Fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation(herein collectively called"the CCC Surety Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint Pamela L. Stocks,Beverly A. Hall, Sandra V. Hanner, lndividua!!y of Sherman Oaks,California their true and lawful Aftomey(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 are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the BY-Laws and Resolutions, printed on the reverse hereof,duly adopted,as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 7th day of January 1 2000 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD COPPORAre AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA o JULY 31. X4 SEAL Ism Marvin J.Cashion Group Vice President State of Illinois, County of Cook,ss: On this 7th day of January 2000 ,before me personally came Marvin J.Cashion,to me known,who, being by 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. "OFFICIAL SEAL" • DIANE FAULKNER NoWy Public,SWO of MkW$ W rmom 9117101 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 each corporation printed on the reverse hereof are still in forcn testimony whereof I have hereunto s ed my name and affixed the seals of the said corporations this _lLp U day of 14arch N!1). CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA JULY 31. C& SEAL 1897 Mary A.Ribikawskis Assistant Secretary (Rev.10/1/97) 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 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 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 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 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 sea!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." Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX Execution of Documents Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like.nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the 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 Attorney4n-Fact Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the 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 spa!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 March 16,2005 before me. Sandy Hanner-Notary Public Oat* NAME.TITLE OF OFFICSR.. "JANE 006. NOTARY PUBLIC- personally appeared - Pamela L.Stocks NAME(S) OF SIGNER(S) x) personally known to me—OR— (...) proved to me on the basis of satisfactory evidence to be the person(g)whose name{*) is/mm subscribed to the within instrument and acknowledged to me that he/she/Wexecuted the same in ft/her/*sir authorized capacifyoss), and that by kiw/her/Wak signature(s) on the instrument the person(5), or the entity u on behalf of which the person(&) acted, executed the instrument. I K 'Alk WITNE my hand and q I seal. SANDYHAN;ER Commission#1362157 entity u o, JE m y n-w Notary Public-California 7SIGNATWRE OF NOTARY Los Angeles County My Comm. Expires Jul 2,2006 OPT'110NAL Though the data belowis 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 ........ (.!L) ATTORNEY-W-FACT NUM13ER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire InsuranCe CQ=any gf.-Hartford SIGNERS) OTHER THAN NAMED ABOVE (3.107426-8 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company,Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DSCLC S11RE QF-PREWIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00),, CE IRE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSIMS The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible, Form F7310 )j';' ., :•._ ,".rte _ ..`.; ^.%:i-..':/`.'',. •:;.!/`-`.,•-. ...!.�-%..'%././`./_ - ., CALIFORNIAALL PURPOSE ACKNOWLEDGMENT � State of California << <� County of Santa Clara On March 18,2005,before me, Janice T. Kruse,Notary Public personally appeared, Robert D. Moore &J. L. Luedemann personally known to me to be the persons whose s names are subscribed to the within instrument and acknowledged to me that they d i executed the same in their authorized capacity, and that by their signature on the � instrument theersons, or the entity upon behalf of which the persons acted, executed the p Y p l instrument. / !l �' JANICE I KRUSE >� >� ri "!,�.. WITNESS my hand and official seal. > Commission# 1318697 5 NotaryPublic-California ��'�� >> > a Santa Clore County » My Comm.Expires Aug 24.2005 Signature of Notary Public Optional Information ; Title or Type of Document: Increase/Decrease Rider Tract 8564 and Assistant Secreta of Capacity Claimed by Signer: Assistant Vice President a ry > > p Y Sha ell Industries Inc.. S l >f i`