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HomeMy WebLinkAboutMINUTES - 05172005 - C6 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: May 17, 2005 SUBJECT: AcceEting completion of improvements, San Ramon(Douagrty Valley) area. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION ARECOMMENDATION(S : ADOPT Resolution No. 2005/ 295 — for Subdivision 03-08690,accepting 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 The improvements are complete in accordance with the improvement plans and the ordinance code. CONSEQUENCES OF NEGATIVE ACTION: The improvements will not be accepted as complete. Continued on Attachment: SIGNATURE: eVA COMMENDATION OF COUNTY ADMINISTRATOR ,"RECOMMENDATION OF BOARD COMMITTEE APPROVETHER SIGNATURES):17.4 ACTION OF BO A*0 ON. MAY 170 2005 APPROVED AS RECOMMENDED xx OTHER V I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS minutes of the Board of Supervisors on the XX UNANIMOUS(ABSENT NONE date shown. AYES: NOES: ABSENT: ABSTAIN: TR:sr MAY 171 2005 G:\GrpData\EngSvc\BO\2005\05-I 7\SD 03-08690 B045.doc ATTESTED: Originator: Public Works(ES) JOHN SWEETEN, Clerk of the Board of Contact:Teri Rie(313-2363) Tax I.D.95-2578030 Supervisors and County Administrator cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab -J.Ysmael,Engineering Services -T.—3/17/06 Sheriff-Patrol Div.Commander By Deputy CHP,c/o,Al CSAA—Cartog Steve Savage,Shapell Industries of Northern CA 100 N.Milpitas Blvd.,Milpitas,CA 95035 Sam Worden,Shapell Industries of Northern CA 100 N.Milpitas Blvd.,Milpitas,CA 95035 Pamela Stocks,National Fire Insurance Company of Hartford 5820 Canoga Ave.,Ste 200,Woodland Hills,CA 91367 CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L e �JEIR ClerkR d Contra Costa County �� ,,,,�C200 �O 1 79765" 00 Public Works Department Thursday, MAY 190 2005 10:40:44 Engineering Services Division FRE $0.00 Return to: TtlPd@,@@Public Works DepartmentNbr•0002704202 Engineering Services Division Irc/RS/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 17, 2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAUINIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 200 . 295 SUBJECT: Accepting completion of improvements, Subdivision 03-08690, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Japonica Road and North Monarch Road. The Public Works Director has notified this Board that the improvements in Subdivision 03- 08690 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. I hereby certify that this is a true and correct TR:sr copy of an action taken and entered on the G:\GrpData\EngSvc1B012005\05-171SD 03-08690 B0-45.doc Originator: Public Works(ES) minutes of the Board of Supervisors on the Contact:Teri Rie(313-2363) date shown. Recording to be completed by COB Tax I.D.95-2579030 Cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab -J.Ysmael,Engineering Services ATTESTED: MAY 17, 2005 -T.—3/17/06 Sheriff-Patrol Div.Commander JOHN SWEETEN., Clerk of the Board of CHP,c/o M CSAA—Cartog Supervisors and County Administrator Steve Savage,Shapell Industries of Northern CA 100 N.Milpitas Blvd.,Milpitas,CA 95035 Sam Worden,Shapell Industries of Northern CA 100 N.Milpitas Blvd.,Milpitas,CA 95035 Pamela Stocks,National Fire Insurance Company of Hartford By LTZMOA-�l Deputy 5820 Canoga Ave.,Ste 200,Woodland Hills,CA 91367 "'1000,01,107 RESOLUTION NO.2005/ 295 • SUBJECT: Accepting completion of improvements, Subdivision 03-08690, San Ramon (Dougherty Valley) area. (District III) DATE. May 17, 2005 PAGE: 2 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: DATE OF AGREEMENT NAME OF BANK/SURETY June 8, 2004 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for$698,650.00, Bond No.929-299-740 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 Tulip Way, Tulip Court, Calico Drive, Calico Court, Glory Lily Court and Violetta Court the hereinafter described roads, as shown and dedicated for public use on the Final Map of Subdivision 03-8690 filed June 2004,in Book 465 of Maps at Page 39-47, Official Records of Contra Costa County, State of California, are ACCEPTED as COMPLETE. Road Name Road-R/W Widths Lengths (Miles) Tulip Way 56' .09 Calico Court 56' .18 Glory Lily Court 56' .18 Tulip Court 56' .05 Violetta Court 56' .07 Upon acceptance by the Board of Supervisors, the City of San Ramon shall accept Tulip Way,Calico Court,Glory Lily Court,Tulip Court,and Violetta Court for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$14,000.00 cash deposit(Auditor's Deposit Permit No.423931,dated May 3,2004)made by Shapell Industries of California and the performance/maintenance surety bond rider for$207,495.00, Bond Number 929-299-740 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2005/295 CNASURETY Tract 8690, N-4, Gallery, Gale Ranch II INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 299 740 issued by the National Fire Insurance Company of Hartford as Surety,on behalf of Shapell Industries of Northern California,a Division of Shapell Industries, Inc. of Milpitas, CA , hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez, CA , hereinafter referred to as the Obligee,effective the 20th day of April 2004 . IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 15th day of March , 2005 ,and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby **DECREASED*" from the sum of One Million Three Hundred Eighty Three Thousand Three Hundred No/100** Dollars($ 1,383,300.00** ),to the sum of Two Hundred Seven Thousand Four Hundred Ninety Five No/100** Dollars ($ 207,495.00** ). 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 Million Three Hundred Eighty Three Thousand Three Hundred No/100** Dollars($ 1,383,300.00** ) or for any loss occurring subsequent to said date shall not exceed the sum of Two Hundred Seven Thousand Four Hundred Ninety Five No/100** Dollars($ 207,495.00** }. 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,\By: D DATED this 16th day of March,2005. Accepted Shapell Industries of Northern California, a Division County osta _ of Shapell Industries, Inc. (Principal) f r By By .- (Seal) 0 4- J L B (Seal) Natio_ ir6 Insurance Company of Hartford — f , Buret Form F4763 By' -- -- (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, Individually 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 2000 0s AM ap CONTINENTAL CASUALTY COMPANY 9- NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 0"Are W AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA JULY 3 1. SEAL Isu 4 State of Illinois, County of Cook,ss: Marvin J.Cashion Group Vice President On this 7th day of January 1 2000 ,before me personally came Marvin J. Cashion,to me known,who, being by me duly sworn,did depose and say:that he res—ides 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 00, * Maty Puibik�.Sme of Mwels • 4;7ZQ oewWedon Exams 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 force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 16thday of March 2005 1111111111111111000111 wi CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD ►OpArr AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA SEAL JULY 31 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 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 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 attomeys-in fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any 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,Atto meys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." • 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 attomeys-in fact to act in behalf of the Company in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article V{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 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 Angele March-16,2005 before me. Sandy Hanner--Notary Public On Date NAME. TITLS OF OFFICER.."JANE DOE. NOTARY PUBLIC' Pamela L.Stocks personally appeared NAME(S)OF SIGNER(S) (-x ) personally known to me-OR- (...) proved to me on the basis of satisfactory evidence to be theperson($) whose name(&) is/** subscribed to the within instrument and acknowledged to me that No/she/Wft executed the same in fts/her/tair authorized capacity(Wa)v and that by kWher/VtW* signature(s) on the instrument the person(f), or the entity pon behalf of which the person(s) acted, executed the instrument. WITNES my hand and ial seal. SANDYHMNER Commission S 1362167- SIGNATURE OF NOTARY Notary Public-Colftrfife Los Angeles County OPTIONAL MY Comm..Expires Jul 2,20=06 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 NUMBSR OF PAGES ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) blatio'nal Firp.-Ingurance QQMDany,of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426-5 • 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. DIS CLOSURE QF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLQSURE OF FEDERAL PARTICIPATION IN PAYMENYOF TERRORISM LOSSipio The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable suretylinsurer deductible, Form F7310 <X, 1� ?i IV CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara r1 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 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. } JANICE I KRUSE WITNESS my hand and official seal. Commission# 1318697 , l Notary Public-California ' Santa Clara County - >> My Comm.Expires Aug 24,2005 ; " Signhture of Notary Publicell ?< Optional Information Title or Type of Document: Increase/Decrease Rider Tract 8690 ?� Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of l/ { Shapell Industries,Inc.,