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HomeMy WebLinkAboutMINUTES - 05232006 - C.12 SE ` VVV TO:O: BOARD OF SUPERVISORS ., '-� ��_==�:. Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR n: Costa DATE: May 23,'2006 °ov` County ST'9 COUTt� SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for RA 03-01153 (cross- reference Subdivision 99-08306), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/3 for RA 03-01153 (cross-reference Subdivision 99-08306), approving Subdivision Agreement (Right of Way Landscaping), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, San Ramon(Dougherty Valley) area. (District 111) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): RA 03-01153 (cross-reference SD 99-08306), 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. 4 Continued on Attachment: SIGNATURE: <4-9 ` ,-,RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _ I'PROVEOTHER SIGNATURES ACTION OF BO D ON APPROVED AS RECOMMENDED OTHER VO OF SUP- ISORS UNANIMOUS(ABSENT 77C-- ) I hereby Certify that this is a true and COCCeCt AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. Z:AGrpData\EngSvcABO\2006\05-23\RA 03-01153 BO-16.doc "I'R:kg Originator: Public Works(ES) ATTESTED: Contact. T.Ric(313-2363) JOHN CULLEN erk of the Board of cc: Public Works- A.Bell,Construction Current Planning,Community Development Supervisors and County Administrator T—Marcli 16,2006(P 1) Shapell Flomcs 100 N.Milpitas Blvd. Milpitas,CA 95035 ATTN: San,Worden By Deputy National Fire Insurance Co.of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 ATTN: Pamcla L.Stocks r SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) 5 /Z3/D(� ��_ Subdivision: RA 03-01153 (x-ref SUB 8306) Effective Date: 4A CA,R1, A Subdivider: Shapell Homes, A Division of Shapell Industries, Inc.,A Delaware Corp. Completion Period: 2 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works Director By: r11AAA41,C4 (signature) (print name 8 lide) RECOMMENDED FOR APPROVAL: T G 'TAtiGf�/'L/��� -7 V� By: (signature) Engineering Servic m (print ) 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"County,"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: $ 1.400.00 cash,plus additional security,in the amount of $ 136,100.00 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 under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 68.750.00 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 X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to 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. i 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or.statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of:this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure:tocomply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents,and employees. B. I The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceedings)conceming said liabilities and claims. C. The actions causing liability are any actor omission(negligentor non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any. Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the. County Road Cbmmissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorneys fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :kwaap G:1Grp0a1a�Eng3vcTorms\AG WORDAG-30A.doc a Rev.May 18,2001 K t S CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California z County of Santa Clara On December 28, 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. dh JANICE T.KRUSE Comrrdasion*1597428 WITNESS my hand and official seal. Notary Public-California Santa Clara County My Comm.Expires Aug 24,200 Si nature of Notary Public Optional Information Title or Type of Document: Landscape Subdivision Agreement Tr. 8306 Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of Shavell Industries,Inc. � t CW TY tO CONTRA COSTA --� } DEPOSIT PERMIT `�.J i�racE Of C©U1gTY AUDITOR-CONTROLLE t ,,.� `' a i " ,+ a c i -`S�ART�NE!-..�A�.�a�N{A r r.^x fi'•`' '�'.'' r.. -+4 THE fTREASURER" 1 ElVEDTROM �' � � � (,_�,.,,,� ;C1RGAt�ItZAT3ON�NUMBER f�7� •• v. i far+G { allecitonProeeddctressee,Ctu7rrty.Adrnmistiatat's'6uiletin 105.) ash C DESCR PTICtN FUND/4F�G C7 TASK OPT*N A&M_TY AMat`W } MIX 70 .aeY r x al i {" i �ii{ i" '. +' 1p, R t .. - I} At- j* � �r ,>,``7f L'.'. a }.I F/' V Efi /�. +i1 'y•, ✓✓ Y 7 A&A,42 u5i 1 'y� j{yj t j�f��+1fy f/♦' ( : i� .♦ ��k��fr � (+„�_ *41 "/" i r��5�...e✓ J� S 1i +.V'lS+fl' �a ; tY'MA 1 �:^' c F:f ' Y � 7. � r t tx #•d `'�',y f j> "t'"� .:h �' ' `s^ ` POP YV � 7 EXPLA hlATION TOTAL`' :lDEPCa5tTIk ` c u'� F z'.Deposit,consufs of the fn{Savnng:iteins 77 Catt*tand Ct3RRENC`f $ Q-A h C1'ETC. $ Wit " DEPdSITS, t . . �� � .., /; /�'. FfoRAuEP©S 7QNTRaieER uSE oLY� y � •;r fNUMt3EtZ � �t .. . �. � � DATE �� a�#l�,�f�s V���;^ • ASSIG_D - The amotait of,Honey descnbed ab`cveis far _ Treaswrer s receg�t of above amount a app?oved Rececpt of above amount is hereby t x i acknowledged he Caurity�s ry S4ied x csi , 'Tide: kEX1 ,e s�PutytGounty Auchtor �Detiuty Counfy Treasurer P iJ• j .�{�f� `. COl1NTY C?f COt�tTRA COSTAE OFfKE OFCOUNTY AUDrlm t AhITROLLER s ,MAR!k'Z'`CAL{FORNIA : TREi4SlJRER REC�IYED�R_OM ' if ORGANIZ-ATIDN 71 w . n .. , SF.or Cash GoAeecfion Pr6cedures ses County Adrrunistrator siButletin DESGRIPF710N fUNDJOR� TAStE:+ TtQrt ACtIVfTYr AMOUNT' 5 ' 6�r v Alfr,4 1.31 �^` a'n Ire �, -^--.'"-•—.-,...--. �+:, -�.'-. �j.-..... Y. .-"":-t r.cr..=.'t,-'."',*-s.+,..*a...... a,.�.,�".�Tg4 -.mac.t' J 7:77 77 I' 'l, "a -47 73 { L i r�4"q`{` � � 1 g -. x�o�rf 4^f•ct-rE'� �E/� - � ...� t ' r: � _ e 1 c>» — ^r x4+,�-"S •...,...— ,r_ .._.,�,:.....;�.. -V 5-s a-., .......,.....+•+...in..._.G.... t. tjf �TIOhY` r_ DEPOSIT aCUlN .0 -,y 4 t CHECKS M:O ETC $ ` - fi ri t9ANK QEPUSITS F A EOR;AUDITOR CONTRCtLLER USE ONLY x tERMITztJ! tNUMBER - Y tQATf ftmane lescr+6edove is forte Trure easrseceipt o # f above tlrnaunt�s app o ds� Receipfi of above amount�her�eby nto fihe County Treasurys i `" — { ackav✓ledgecl r Y t -40-4.. r k ned t 'fined � r r I \+OO l Y41J1,4ffdN RA-COSTA 5 ` £aDEPQS#T PERMIT ` „ f�qFF C4#IN7 Y AUDITOR CONIRDt t ER� �r/` c , � . ..td-T'HE TR HE '� `` p s AkARTMZ CALIK)RN1A RECEtVEn l�itC7M' c ° y! F ar.t �• ORGANtZA T#ON NUMBER-_ � � x { ;Cash Cgllect+on f'Focedures see Gounty.Admnistratw.'s Bufietin 105:j DE5CRIP7ION» /ORG T OPT10N A s c g � � 1 1 ��e� - q awe 'r� r Rx€ : 21e ? 6 it 1 I 1- --� J4' +@r ,f y `?t 1 '` o1"44 A 44 r J 4 t A`a r ' i S 7F 6 r { P $� X"..�. -..My,...n � �'r tt�+t`r�� .�'`��� vf1��`�san � ��,_``, •;�+...�,. �.,.»I �` :rg �Y ���xi � �j �� }w.....F.r.....,+..." ��� ..+.n-. � t+wt.+. :�:s � ,,,t . :.,+., � � � ,L,+�i S ,.w�,.,3 A.......,.�.�..„.8»...� � ;� �� �,jt4y ;,�..^w•....'x-`-w, ._...�.0 "� .� +,.,.,-.,...,....µ..t `a PLANA i£}RI JfOTAL '.y L .. } Pr . : � as�tsists of the tfollawmg Items t a GHECKS'MC>`EiC Y $ ^tet f �?BAt*tKC3Ef'OSf7S .k AUDITOR CdhJTRQIIER U5E t?NLY r p vu r DEPOSIT PFRMIT` w NUMNfRy SIGD DANE Mount of morreyycJeseribetl above+s far Treasexer s retei #of above amount:is }Reter t of above a Dunt ts,hereb po�hto the County Treasury a ;P °pp�° d f p a atk wed�tf �+��'ts.�:�•� � �. }pep„ty Counfy Audtlor � # Tx t?epvty Cauntyl7reasurer fi a i Z„ $t L✓ t'E+ "'t ," x"yr. x ,r",.n4''2� fi.as * - ,} =819800-0800: 90218, $1,400.00, RA 03-01153 (Landscape)rmance Cash Bond, Shapell Homes, a divisions, Inc., 100 North Milpitas Blvd. 819800-0800: 61190220, $1,600.00, RA 03-00156 (Landscape) Guarantee of Performance Cash Bond, Shapell Homes, a division of Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, Ca. 95035 0649-9665 / 831000: 61190219, $9,700.00, RA 03-01153 (Landscape) Improvement Inspection Fee, Shapell Homes, a division of Shapell Industries, Inc., 100 North Milpitas Blvd. Milpitas, Co. 95035 0649-9665 / 831000: 611902321, $10,500.00, RA 03-01156 (Landscape), Landscape Improvement Inspection Fee, Shapell Homes, a division of Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, Ca. 95035 0649-9665 / 831000: G1990222, $2,500.00, Fee Service 0500056 (El Paseo Apartments) Plan Review, APN 411-020-022,- 034, City of San Pablo, One Alvarado Square, San Pablo, Ca. 94806 0649-9665 / 831000: 61190223, $5,000.00, Fee for Service 0600057 (Plan Review for Sub 8674) Richmond American Homes (Bay Area), 5075 Hopyard Road, Suite 210, Pleasanton, Co. 94588-2797 0649-9665 / 831000: 61190224, $2,475.00, 5004-8505, Map Check, Davidon Homes, 1600 S. Main Street, Suite 150, Walnut Creeek, Co. 94596 0649-9665 / 831000: 61190225, $15,808.00, SD 04-8905 Plan Check, Davidon Homes, 1600 5. Main Street, Suite 150, Walnut Creek, Ca. 94596 828600-0800: 61191136, $45.00, AO8 N. Richmond, #R354261, United Heritage Industries, Inc. 5216 Wall Ave "A", Richmond, Ca. 94804 p Subdivision.- FA. )3 01153 (x. -ef��-Ur -3t)1,*;,) Gond ond No.: 929 270 295—_.. Premium: $1,021.00 IMPROVEMENT SECURITY BOND Ii it rurif.acRfGHT OF WAY LANDSCAPE (Pcrlbrmanc,'", CiLiarant.--c, ar.d Payrrien!" (California Government Code Sec ions (-,6462 ,,: id t3; RECITAL ,A?StJiDMSJON AGREEmriwt: The Principal has executed an agicerne-it v,,.ii M . Co:mty to install and pay for public right of way landscaping, and othpar related iirprovcinents along RA 03-01153 (x-ref SUB 8306) as specified in the Subdivisiloii Agreement(Right of WF y Landscaping), and to complete said work widil!) the hil-ic specified for completion in the,S Lib,fiv i sion Agreement(Right of Way Landscaping),all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map �_r Parcel Map for said Subdivision. 2. OBLIGATION: Shapell Homes, a Division of Shape]] Industries, Inc., a Delaware Corp, as Principal., and National Fire Insurance Company of Hartford a corporation orgar;1zed existing un-Je-1.the laws of the State of CT ., and authorized to transact q!rcty business 'a C'alifornia, is Surety, hereby jointly and severally bind ourselves, oLm- ncirs, executors, administrators, successors, and assigns to the Comity of Contra Costa, California to pay it: A. Performance and Guarantee: One Hundred Thirty Six Thousand One Hundred and 00%100 Dollars ($ 136,100.00 for itself or any city assignee under the above County Subdivision Agreement, plus B. PaYmelit: Sixty Eight Thousand Seven 1-jundred Fifty and 00/100 Dollars ($_ 68,750.00 )to secure the claims to which reference is mad-,in Titlt XV (commencing with Section 3082) of Part 4 of Division III of the Ci,,il Code of the State of I- Ca!iforiiia. 3. CONVITION: A. 'I"he Co:idition of tl-,.s obligation as to Section 2.(A) above is such that if the ab.)ve bounded P incipal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand co and abide by, and %vell eiicl trLflV keep and oerforri-, the covenants, conditions and provisions in the sale]agreement recri,ent and arty alteration thereof made as therein provided, on is or its part,to be kept and performed at the time and in the manner therein specified,and in all respects according to ti-tir tl-,,ie intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee),its oiJicers,agents and employees,as therein stipulated,then this-obligation shall ,o,.jc 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 costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is sucl- that said Principal and the undersigned as corporate surety are Held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civi I Code for materials furnished.or labor' thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,. incurred by County(or city assignee) in successfully enforcing such obligation,.to be awarded and fixed by the court, and 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 3052)of Part 4 of.Division 3 of the Civil Code,so as to give a right ofaction to them or their assigns in any suit brought Upon this bond. Should the condition of this bond be frilly performed then this obligation shall become null and void, otherwise it shall be and temain in full force and effect. C. No alteration of said subdivision agreement or any plan of specification of said work agreed to by the . Principal and the.County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2519, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on December 20, 2005 SHAPELL HOMES, A DIVISION OF SHAPELL IND. INC. , A DELAWARE CORPORATION National Fire Insurance PRINCIPAL: SURETY: Conpany of Hartford Address: 100 N. MILPITAS BLVD. , Address: 2355 E. Camelback Road, #500 City: MILPITAS P: 95035y Pho AZ Zip: &5016 Print . anle: `T �Tj2vc�/�,z�p Print Name: Pamela L. Stocks Title: n' V� Title: Attorney-in-Fact 3y: $rinte Name and Title t\Pw'SI\SI-IARDAI'A\C,pDualCngSvclPum�lfiN 4VORUV3N-I?A.dnc Keir:June 1=71 1999 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 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 12th day of September,2005. Gasu,t�r tNSUR Continental Casualty Company National Fire Insurance.Company of Hartford ' c°"POR"TE �, dg °�ORprfc American Casualty Company of Reading,Pennsylvania 2 s $ JULY 11, u SEAL C Ti Iqu ^T 1897 NMR • 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.MEMA ; ♦ Notary Puwic,Simal lonow `151 nua • ��'V",v •` _ i MY Camion E+Vwa 3/16/0Y : l'/'j•1` 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 whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 20th day of December 2005 GASW4r twwR Continental Casualty Company �. National Fire Insurance Company of Hartford F c�PO�rF Sg�r� ORotFc American Casualty Company of Reading,Pennsylvania JU'JULY]I- SEAL 1897 IIAR� • Mary A.Rtbikai6kis 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 adoptedby�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 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 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 attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called'and held on the 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,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 io.bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17d'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 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 Attomey-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 170'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." y State of California County of Los Angeles On December 20,2005 before me. Sandy Hanner-Notary Public Date NAME, TITLE OF OFFICER.. 'JANE DOE. NOTARY PUBLIC' personally appeared Pamela L. Stocks NAME(S) OF SfGNER(S) (X) personally known to me —OR — (_...) proved to me on the basis of satisfactory evidence to be the person(s) whose name(o is/*aa subscribed to the within instrument and acknowledged to me that ass/sheltkft executed the same in,bia/her/thetar authorized capacityyles), and that by hiWher/WoU signature(s) on the instrument the person(§), or the entity upon behalf of which the person(s) acted, executed the instrument. i-' SANDY 14ANNER WITNES 'my hand and fficial seal. Commission#1362157 r Omy Notary Public-CaliforniaLos Angeles County ! SIGNA RE 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) (e) 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) NatinnalFirE_Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE (3.107428.8 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. 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 surety/insurer deductible. Form F7310 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On December 28,2005 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. ;trw-E r.KRUSE WITNESS my hand and official seal. Commission#1597428 Notary Public-Califomla Santa Clara County MVC omm.Upim3Aug 24.2 Sign ture of Notary Public Optional Information Title or Type of Document: Landscape Improvement Bond 929270295 Tr. 8306 Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of Shayell Industries.Inc.