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HomeMy WebLinkAboutMINUTES - 05162006 - C.15 C� TO: BOARD OF SUPERVISORS Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR —=R w,: ' Costa DATE: May 16, 2006 osA �oi;K County SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for Subdivision 04-08847, Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): A ADOPT Resolution No. 2006/ vefg for Subdivision 04-08847 (Right of Way Landscaping), approving Subdivision Agreement (Right of Way Landscaping), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, Danville area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Subdivision 04-08847 (Right of Way Landscaping) has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding landscape improvements. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement (Right of Way Landscaping)will not be approved. Continued on Attachment: ---' SIGNATURE:_LZ �� RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ✓XPPROVE OTHER r SIGNATURES : ACTION OF BO ON APPROVED AS RECOMMENDED OTHER vOoF SUPERVISORS I hereby certify that this is a true and correct 1V/ UNANIMOUS(ABSENT �W ) copy of an action taken and entered on the AYES: NOES: ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. TR:kg Z:\GtpData\EngSvc\BO\2006\05-16\SD 04-08847 BO-16.doc Originator: Public Works(ES) Contact: T.Rie(313-2363) ATTESTED: /" cc: Public Works- A.Bell,Construction Current Planning,Community Development JOHN CULLS , lerk of the Board of T—December 28,2007(P 1) Shapell Homes Supervisors and County Administrator 100 N.Milpitas Blvd. Milpitas,CA 95035 ATTN: Sam Worden/Steve Savage National Fire Insurance Co.of Hartford 2355 E.Camelback Rd.,Suite 500 By , Deputy Phoenix,AZ 85016 ATTN: Pamela L.Street THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 16, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 04-08847, Danville area. (District III) The following document was presented for Board approval this date for Subdivision 04- 08847, located in the Danville area. A Subdivision Agreement (Right of Way Landscaping) with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within two year(s) from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $1,000.00 .Deposit made by: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation Auditor's Deposit Permit No. and Date: 456864 January 5, 2006 TR:kg I hereby certify that this is a true and correct copy of an Z:\GrpData\EngSvc\BO\2006\05-16\SD 04-08847 130-16.doc Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: T.Rie(313-2363) Supervisors on the date shown. cc: Public Works- A.Bell,Construction Current Planning,Community Development ,�,/ T-December 28,2007(P1) ATTESTED: /14!:t 4f, J4W-4 Shapell Homes 100 N.Milpitas Blvd. JOHN CULLEN, CU&of the Board of Supervisors and Milpitas,CA 95035 County Administrator ATTN: Sam Worden/Steve Savage National Fire Insurance Co.of Hartford 2355 E.Camelback Rd.,Suite 500 Phoenix,AZ 85016 ATTN: Pamela L.Street By ,Deputy #1 ale RESOLUTION NO.2006/ /Y SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 04-08847, Danville area. (District III) DATE: May 16, 2006 PAGE: 2 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929 270 283 October 25, 2005 Performance Amount: $82,560.00 Labor&Materials Amount: $41,780.00 Principal: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2006/ SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and §66463) Subdivision: SUB 04-08847 Effective Date: b iQ2S [ S HOMES Subdivider: Shapell Completion Period: 2 year a Division of Shapell Industries: Inc., a Delaware Corp. THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works Director By: (signature) (print name 8 dtte) I !ss+- fir_ RECOMMENDED FOR APP 1 :_1 ye &By: (signature)9\1 T, IJA Engineering Services D' ision (print name&U e) obet+ b, Moo-ire- RSS.sf-. V. �. FORM APPROVED: Victor J. Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coun ;'and the above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code, provide as security to the County: A. For Performance and Guarantee: $ 1000.00 cash, plus additional security, in the amount of _$ 82560.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash, certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance underthis Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 8. For Payment: Security in the amount of$ 41.780.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,-or cashiers check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees paymentto the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On October 26, ,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. uwlcE t.IatusE WITNESS my hand d official seal. Commission* 1597428 Notary Public-California y _ Santa Clara County t1AyComm.Expires Aug 24,2oD9 Sign ture of Notary Public Optional Information Title or Type of Document: Subdivision Agreement 04-08847 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries, Inc. F S CO{LINTY;OF CONTRA,C057A = x DEPOSIT.PERMIT y OFFICE_OF�COUNTYfAUDITOR CONTROLLER11 MARTINEZ;CAUFORNk% TR TCJ�THE " - ' r "RECEIVED F.ROM1 ORGAiJIZATION,NUtiiBERZ t . :._._. (ForCash CoO-c. Procec0w see County; di ihiitrct6r'i:Bull& )105:) s DESCRRTION# "FiJND%C►RGz .' ACCT, TASK ,OPTION AC,TIVITYy- AMOUNTf q. +I I r � { A k�-i• ti,, i,,. i k.�,n£�'.., ¢'� b �3' a .a r.-: , s4!' �"�P' E t .x '� t ,. <w 1 t �1� l S . fi: Ii " s ! '0 `fF F a r d t x�'a. {' r ��`i a '.rig a r t s • , '[ ' , ' f. f'!(✓l74".d A.� .rs i`�!{,rr4•.i = - �t SJ��s t ;' - i. ! � 'a, ! iLri6/ J •Ta t�tKJ'b Ln R,, if a t: 1 t i t. s t-_ W5 li pJ to I�I1 i! )r GYM IK/• 11i. ; k ..t I P1 FT)'l { 1 �/ T7 (.ELLMJ .�. F1JJ.lb�l^l"fllr( , y4')• A ��t 3 r:•;E - '� ''% mow.. h..- i .:¢ S Y�,�! II YW /Z/�' � -*�{!+' 1� 4L.wM.':�M�:(•. i a.•F Lt! �':j. �{.�•r•.,i; ,'la. Y:.. {: L i� 1. it, !'• !_,.'. � ► � ,t' 517 + �:'�� ��L C,'-i R./�L..�., ^�� '.'..t ! �b: k , tNf+d.�. � F If"FUCJ- i,a. 1/ '� �t:��.r/J' 31.• 4R W n I I ate' rr . ` f lY v3 af,.Ai 19-14 t7 ili "'1 t f r • k i Y � �! fXP,I"ANATION'�'` TOTALt t$y r u DEPOSIT) I /. rnpf.t7'v � ' C�' 11 a d �*'t 7:f��` Kf'_ Deposit_cnnsists-of the;following;items, and , COINS CURRENCY' CHEC ETC. Y ��. BANK"DEPOSITS; ,$' �f • �� -��� � � - •FCNt_AUDITOR_CONTROL'L•ER,USE:QNLYT _} .,•.. , ' .DEPOSITF. T, f P.ERhAI pP� •' r !f, .94( l - rI Jf .• 1 DAtEBER2. .:Q� Q ' g-p '`• ' 'T ft l '�Il ., 't I/� •l ! '!J / ASSIGNEDY. The amount'of,money dexnbed,above isforl ` Treasures s receipt,of;atiore ariiountSis opprovedl Receipt of ak+ove:amount:is'.tiereby, Cr CUE K depo�Y.irita the County Treasury acknowled_ged? S�gne'� ���� ,' �;Dates -•r'�' f County Aucrytor, ' 'D'eputy;CountYlTreasurerl D 3d RE 9 }, (COUNTY OF CONTRA COSTA ?� DEPOSIT PER11Ai ' t/ OFFICE OF COUNTY AUDITOR CONTRQL'tER `� `�• Q, y ,MARTINEZ'CAUFCRNIA `: 4 fORGANtZ�AT10N.NUMBER. F CasFiColi chonSProc see�CounfyfA�dm'' or's�Buflefiaj105�) `(,or a e'cliires inutrat" 1DESCRIPtTiCNJ aFtfNQJORGaT4SK)OP�TIOhJA f rCTMTY ! tA'tv1011►JT SUB: w J ACCT . s 10 :• . .. a i✓a 3 P o- ��r /)I<�r.r`-�i a ...iC 5'1 T ev � . "�i.. ` S to at� a � �a •�� � �[J,� ,.kc. �k '�' 9. '•� '���k��_1�..._.. _�.��'� y1 '`' J I I/, `i ,+ I (= . `� I. •i {r x r t k .I } . i � !_x ._.•�xG � i 77. LK4. - e �. . ,"!,t M ; l + 4) ',....1!h� .�, '": 1yr * tY,•? j .��':a!_.r�C":�! _,�l.L�_5+,/�=-f34.J - R11722 14 ✓ % 119 ' 0 f, . % � � - � . bO6 5 t � �.. v _ = t-�- r � _ . ! a . X- E ANATION = TOTAL Si i t/tf� -• .. 1�� :3 cW _ ftrvl - / I :aC�tj�c DEROSIT.. i Deposit corais o t ollowmg items �r ,,// f`-}} ' COW 6na CURRENCY . $� -- - [. �X J�'2 4 7J 7 %� �£�Xs � CHECKS'M O ETC. 7 r `f ,d/ .2�. � BANK_QEP(OSfTS�'- FOR AUDITOR CfONTROLLER USE-ONLY DEPOSIT ,, PER No DATE v f ASSIONED nount of money described above�s for Treasurer"sroceidt of above�dmount irappraved: Receipt ofabove a"mount is`iier`etiq iij o it into'fhe County Treasury "16d-d-- a k s f kCa#t.�' Dates==fes VA Signed.- - w Deputy.cmnfy,Augitor' Deputy County Treasui6i .. : 1(7.93). `t COUNTY OF CONTRA COSTA_ „DEPOSIT PERMIT ) - `` -. '�OPFKE OFCC+UNTY AUDI7C►R`CONTROLLER ._ L1 , MARTINEZ,CALIFORNIA' fORGANIZATION NIJAABER A , `j ° ' (For.Cash Collect—Procedures see County m istrator's Bulletin 165.) f.I DESCRIPTION FUND/ORG.rA :TASK OPTION 'ACTIVITY AMOUNT b $SUBt; CT Ck t iF n1n�i. c ! ��f.A✓`. JCJ. 1.: r ;, , dia . 1 61 `` V 1 w t 1 1 t y y t• _ 1 J 1 I 22 I I I A. I I }. �. ANATION: - �- TOTAL . $ 1 DEPOSIT 1 Deposit consists of the following items i �d •-x"-' ' _ COIN and CURRENCY $ CHECKS; -KO, $ BANK DEPOSITS $ 1 FOR AUDITOR-CONTROLLER USE ONLY - DEPOSIT - / p '•' PERMIT_ DP 6 6e &T"' NUMBER r 4fit a ASSGNi. aunt of money de§eribed'akio4e is for Treasurer's-receipt of above amount is approved Receipt of above amount is hereby l posit into•the County Treasury. t acknowledged. ' q r J f Ci'�f'a lf3� �Date _ � �• -Signed: / Signed: 1 7 � EXT. 3Y f putt'County"Auditor ` - Deputy County Treasurer 411 (7 93) K v 819800-0800: 61190896, $1,000.00, SD8847, Cash Performance DBond, Shapell Homes, 100 North Milpitas Blvd, Milpitas, CA 95035 0649-9665 / 112300: 61190887, $500.00, R53055, Record of Survey Deposit, Paul Fra6klin, 145 Glorietta Blvd., Orinda, CA 94563 0649-9665 / 112300: 61190888, $500.00, R53056, Record of Survey Deposit, DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, CA 94526 0649-9665 / 112300: 61190889, $500.00, R53057, Record of Survey Deposit, Bud Laverne Simmons, 3859 Joan Ave, Concord, CA 94521 0649-9665 / 112300: G1190890, $500.00, R53090, Record of Survey Deposit, Leland G. Anderson, 40 Dos Posas, Orinda, CA 94563 0649-9665 / 112300: G1190897, $6,900.00, 51) 8847, Landscape Inspection Fee, Shapell Homes, 100 North Milpitas Blvd, Milpitas, CA 95035 0649-9665 / 112300: 61190902, $10,000.00, RA 1168, Road Acceptance Inspection, Shapell Homes, 100 North Milpitas Blvd, Milpitas, CA 95035 0648-9140 / 112200: 61191074, $5,620.00, BWDA 52, Sub Regional Fees, Signature Properties, 4670 Willow Rd, Ste 200, Pleasanton, CA 94588 - i 1 Subdivision,SUB 04.08847 SW M", -9=7-0-'2$3 Premium Ary cis m uncle!VJs ea d stmU be sent `2115"T' ."'tamelback Road Suite 500 P oerax, LLQ. 8 16 IMPROVEMENT SECURITY BOND l FORSUBDIVISION AGREEMENT 0•W L•/ (Performance,Guarantee and Paymenq Wendt Ranch III (Gov.Code,%6649956499.10) 1. RECITAL OF SUBDIVISION AGREEMENT.The Principal has executed an agreement with the County of Contra Costa(hereinafter'CounV)to install and pay for street,drainage and other improvements in Subdivision 04.8847 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 total laws and rulings thereunder in order to satisfy conditions for fling of the Final Map or Parcel Map for said subdivision. Under the terms of the Subdivision Agreement,,Principal Is required N furnish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers and maleftatmen. . 2. OBLIGATION.- Shapell Homes,a Division of Shapetl Industries Inc.,A Delaware Corp. as Principal,and National Fire Insurance Company of Hartford ,a corporation organized and existing under the lays or the Stale of CT and authodzed to transact surely business in Carifomia,as Surety,hereby jointly and severalty bind ourselves,our heirs,executors, administrators,successors and assigns to the County of Contra Costa,California to pay it: (A. Performance and Guarantee) Efghl-T:vo Thousand Five Hundred Sixty Dollars(g 82,560,00 )for itself or any city assignee under the above Subdivision Agreement. (8. Payment) Forty-One Thousand Seven Hundred Eighty and 001100 DDUars(S 41,780.00 }to secure the claims to which reference Is made In Tills XV(commencing ywilh Section 3082)of Par!4 of Division III of the Civl Cade of the Slate of Cafiforia. 3. CONDITION,This oblgellonissub)eclto(he followingcondition. A. The condition of this obligation as to Section 2.(A)above is such that if the above bounded Principal,his or its heirs,executors,sdminlslrators, successors or assigns,shall in all&-rigs stand to and abide by,and well and UO/keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made asdherelnprovided,on his or their 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 indemn ly and save harmless tha Counly of Contra Costa(or city assignee),Its officers,agents and employees,as therein stipulated,then this obligation shall become null and_vold;otherwise it shall be and remain in Nil force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees, irluding reasonable attorney's fees,incurred by the County of Contra Costa(or city assl3nee)in successfully enforcing such obligation,and to be laxed as costs and included in any judgment rendered.. 0. 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 oontractors,subcontractors,laborers,materialmonand other persons employed in the performance of the aforesaid Subdivlslon Agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due uiider the Unemployment Insurance Act with respect to this work or labor, and that the Surety will pay the same in an amount not exceeding the.amount hereinabove set forth,and also in case suit is brought upon this band,Will pay,in addition to the lace amount thereof,costs and reasonaVe expenses and fees,including reasonable attorney's fees,Incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obigallon,to be a warded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It-is hereby expresshe sOpulaled and agreed that this band shall Inure to the benefit of any and all persons,companies,and corporations entilled to fits claims under Title 15(commencing with Section 3082)91 Part 4 of Dhision 3 of the CkAl Code,sous to give a right of acVon to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully:performed,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. C. No change,extension of time,alteration,oraddition to the terms of said Subdivision Agreement or the work to be performed thereunder or any plan or specifications of said work,agreed to by the Principal and the County of Contra Costa(or city assignee)shall relieve any Surety from liability on this bond;and consent is hereby given to make such change,extension of time,alteration or addition without further notice to or consent by Surety;and Surety hereby waives the provisions of Civil Code Section 2819 and holds itself bound without regard to and independently of any a-.%n against the principal whenever taken, SiGNED AND SEALEDOctober 25 20. 05. National Fire Insurance Company 51�apell s; a iviSion' ofShapell Principal: Indi�t-ri eq T_Tlc, D 1 aw.;- Corp, SuretY: of Hartford Address: 100 N. Milpitas Blvd_ Address: 2355 E. Camelback Road, Suite 500 Milpitas, zf: 95035 PbPen#0 AZ Zip: 85016 Print Name: Print Name: Pamela L. Stocks Titre: �t{{ _ Title. Attorney-711—Fact (Note:All signatures mult be acknowledged: For corporations,two officers must sign. The first signature must be that of the chairman of the board,presldeni,or vice•presidaM;the second signs mus thalof the secretary,assistant secretary,thiel financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.)) By: Form Approved by County Counsel (Rev.9;03) H?f uklF WSvFAq'acp SscarrA.9.0).wpd Print Name and Title: ham, \ T 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,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 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 12th day of September,2005. GASr tt+SURq & Continental Casualty Company ��.� ,t. National Fire Insurance Company of Hartford c°it°O1°TF American Casualty Company of Reading,Pennsylvania Z $ JULY 11, o� SEAL "� T7-1 Isoz 1891 NAIt� • a Michael Gengler Sen' r Vice President State of Illinois,County of Cook,ss: On this 12th day of September,2005,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' MARIA M.MEDINA : Notary Public,mmiMM Sof 1 • �� ' • ` i MY Cosron�p 3/15Mtb/OY My Commission Expires March 15,2009 Maria M.Medina 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,w �r��f I have hereunto subscribed my name and affixed the seal of the said,corporations this 25th day of October UJ GAS tl lir %1ASU rContinental Casualty Company National Fire Insurance Company of Hartford 00"Paurf S� �NclrFo American Casualty Company of Reading,Pennsylvania Z s JULY 11, OV SEAL � `,�. e qOt • 1897 NA • Mary A.Rtlbikaiakis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On October 25, 2005 before me. Sandy Hanner- Notary Public Date NAME. TITLE OF OFFICER.. "JANE DOE. 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(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that Wshe/thft executed the same in-bis/herl*ak authorized capacityl)m), and that by lawher/4 signature(s) on the instrument the person(t), or the entity upon behalf of which the person(s) acted, executed the instrument. SANDY HANNER WITNES my hand and off' - I seal. Commission#1362157 4AMy Notary Public-CaliforniaIt Los Angeles CountyIGNARE OF NOTARY Comm.Expires Jul 2,2006 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 (X) ATTORNEY-IN-FACT (_} TRUSTEE(S) (—) GUARDIAN/CONSERVATOR (�) OTHER DATE OF DOCUMENT SIGNER,.IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Natinnal Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-t 07426.8 f 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. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable suretylinsurer deductible. Form F7310 lot' CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On October 26, ,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. JANICE I KRUSE ITNESS my hand and official seal. Commission# 1597428 Notary Public-California Santa Clara County @mycomm.t�p+resau92a,2oo Si ature of Notary Public Optional Information Title or Type of Document: Improvement Bond 929270283 - Sub 04-08847 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries, Inc.