HomeMy WebLinkAboutMINUTES - 05232006 - C.4 TO: BOARD OF SUPERVISORS =oma Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR - St`d
o,
DATE: May 23, 2006 0�- =i �� C o u my
ST'4 COUIZ'� '
SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for DA 03-00031 (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. 2006Y,3d 7 for DA 03-00031 (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 III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S)FOR RECOMMENDATION(S):
DA 03-00031 (cross-reference SD 99-08306)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: �-
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES :
ACTION OF Br ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT ) I hereby certify that this is a true and correct
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
date shown.
Z:\GrpData\EngSvc\BO\2006\05-23\DA 03-00031 BO-16.doc
TR:kg
Originator: Public Works(ES)
Contact: T.Rie(313-2263) ATTESTED: �O G
cc: Public Works- Construction
Current Planning,Community Development JOHN CULLEN,4erk of the Board of
T—March 16,2008(P 1)
Shapell Homes Supervisors and County Administrator
100 N.Milpitas Blvd.
Milpitas,CA 95035
ATTN: Sam Worden&Jim Gold
Nat'l Fire Insurance Co.of Hartford
2355 E.Camelback Rd.,Suite 500 By ,Deputy
Phoenix,AZ 85016
ATTN: Gina O'Shea
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 23, 2006 by the following vote:
AYES: Uilketna,'Piepho,DeSaulnier, Glover and Gioia
NOES: None
ABSENT: Noire
ABSTAIN: None
RESOLUTION NO. 2006/-307"
SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for DA 03-00031
(cross-reference Subdivision 99-08306), being developed by Shapell Homes, a
Division of Shapell Industries, Inc., a Delaware Corporation, San Ramon
(Dougherty Valley) area. (District III)
The following document was presented for Board approval this date for DA 03-00031
(cross-reference Subdivision 99-08306), located in the San Ramon(Dougherty Valley) 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
Auditor's Deposit Permit No. and Date: 455576 December 8, 2005
Z:\GrpData\EngSvc\BO\2006\05-23\DA 03-00031 BO-16.doc
TR:kg I hereby certify that this is a true and correct copy of an
Originator: Public Works(ES)
Contact: T.Rie(313-2263) action taken and entered on the minutes of the Board of
cc: Public Works- Construction Supervisors On the date shown.
Current Planning,Community Development
T—March 16,2008(P 1)
Shapell Homes ATTESTED: 6
100 N.Milpitas Blvd.
Milpitas,.CA 95035 JOHN CULLEN, CIWK of the Board of Supervisors and
ATTN: Sam Worden&Jim Gold County Administrator
Nat'l Fire Insurance Co.of Hartford
2355 E.Camelback ltd.,Suite 500
Phoenix,AZ 85016
ATTN:,Gina O'Shea
By ,Deputy
RESOLUTION NO.2006/ °�7�
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for DA 03-00031
(cross-reference Subdivision 99-08306), being developed by Shapell Homes, a
Division of Shapell Industries, Inc., a Delaware Corporation, San Ramon
(Dougherty Valley) area. (District III)
DATE: May 23, 2006
PAGE: 2
II. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929 270 293 November 28, 2005
Performance Amount: $91,900.00
Labor&Materials Amount: $46,450.00
Principal: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware
Corporation
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way
,r Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2006/\90;�
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code §66462 and §66463)
Subdivision: DA 03-00031 (x-ref-SUB 8306) Effective Date: G�
Subdivider: Shapell Homes, A Division of Shapell Completion Period: 2 year
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
�r ,LI�
By: r✓ (signature) ' &,k
(print name&Otte) C_px
RECOMMENDED FOR APPROV Asst- 5e-o(v_�
By: (signature)
Engineering Services Divisi (print name&title)
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 ubdivider, 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: $ 1,000.00 cash,plus additional security,in the amount of
$ 91,900.00 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$ 46,450.00 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.
v
w ,
Z inn.
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On December 1, 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 T.KRUSE WITNESS my hand and official seal.
.m Commission#1597428
..m Notary Public-Colifomlo (`
' $onto Cierra County
My COMM.ExphesA.24, Sign ture of Notary Public
Optional Information
Title or Type of Document: Subdivision Agreement- Tr. 8306
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries, Inc.
COUNTY OF CONTRA.COSTA _
xDEPOSIT P
FICEERMIT
w
_ -- OFO'FCO' UN71(�dUDITOR=CONTRO
LE
? TOaTHETR_EASURER
TAA ltTINEZ;fCALIFORNiA
RECEIVED FtZ
ROM
tfi d 10RG°NIZATION NUMBER -
ff +l .
PlAl......
k",
I ' Cash�CdlechonrProcedures rCounty',f dministrotof'srBulletm{105:)
QESCRIPfION iF1JND%ORG ! T .' zTASK OPTIO 4CTMTYryY`4 ?AMOUNT
-t : r :ia,� a x _!'. t 3 flLdf./:1•. _ 1_ — r ' Piww _ r--� ;IF f
y
#..i a� �- t
if-^.f J,
R.
T'
_..� W!
ROL
A PI
}
v
i .
TV 661_ °i�
r - Wiz.:...;,• �-�` 1..,
y,
rj
f.
.Jj�
Y ..i i # F• `-SAP ._# � L . 'L �4so-_ '•...�...... f
54.9 L
EXPLANATION:' t W TOTAL r ,
/x'q DEPOSIT
Dep°sit.c�oruists'of fibs following items
��t r
_
. �a . t ? "
• ' L COIN and CURRENCY'. $---.---...
CHECKS M O ETC $ � �/
, FOR.AIJDfTOR=CONTROLLER tJSE ONLY
-�s'F^• /t``�, .� m ;,f� tts [ I. /.11t� L° SIT •
f) `'� fr �+ f 1-,
- 'PERMIT , r
f;.t s 'l f �/ i � �( . c tl
°The;amount of moneyAn
ORO
edescnbed above is for Tretrsur'er s receipt of above amount"�s appiroved Receipt of above amount'ii hereLiy e
; ""deposrt'into the County Treasury �,_ ackrrowledge8.- d
[f
!EXT "• � `sg� t Jaz. X �j'�ne�,{•`.� „>e�-,� " : J
' D?putyCounty Auditor � DputyCounty_Treasure
34 REV.(7 93) z
k
r CCtUNTY OF CONTRA COSTA"`""' F I
jf :r
DEPOSIT PERMIT-' -
X; f
'OFFICE;OF COWNTY AUDITCJR CONTROLI ER..•r ` _
` } MARTINEZ.CAUFCH2NIAj. . �
TREASURER: ..
' if IVED FROM }
ORGANIZATION-L R
' J .
(For{Cosh ppoll cfioq ProceduCy,
res see ountAdministratoris•Wlefi6,I Q5;)}
DESCRIPTKOW F
t/NDJORG, i •ACCT_ iTASK, OPTf0t�1 ACNTY,>
i!S;k�Y m { .-; ` :f•M 1'�Y;aP a �.. ...:�.` 4:! j T ISJGD�� �:! VT' fJ ' !'l
Rio
47
}j.ak f a..• ��+..} 1 t.�l� y xA:;, 9-.. -. _ -. _ ,:.�._ iF y ,......-. 'i� � vO
2.4
fl -l� V i - �6z,-)9
_77
E ..,(yM1'_'•]'.�..._ ... ..: '`.j���,,�--� _cw^;{p--�--�'/—��---.••�"---^.^c-^' i_ _ �.._.}._.. �j� +,�.jp-{.��/�j.�,,-{}e_/1 fF ...... .�U��4(.._J-�J/�r' _.{Yu/_�.'�_/Q.-,
s,
kr �({�"/-{•'�/�^ "�,° .-.-,... z- -•, -(//�`{��_.lf--,. .�-........-�..(-..-....- �-. .. �(♦ t.• ,.. {�'^,Ty�,/��y.-.'4�-(4/.....__�.- '.,--'/_tri-�''!�r�y 1
S�<. rS�� � .`l� � 5�;'4N i.k �� �r,1 � d i' . �F�✓:`y+1��I.'�- �...�� �� f �.,Y.� �f�
r+ �
1,
EL
"��.,��.��,-,�:-`�•'=i-.:=,. ��c�J�....�._c,._�:.��-��.., .j,�.�f�..�Sf . '�'DEPOS`I�T'S.r.-...,�..._...r. �.$, - � j --Q•
- 11�75TOT
kPIANATA
..
Deposit consists of the;followmgJitems3
COIN�and CURRENCY] $'
?0otlY, --w. BANK'DEPOSIfiS; $ • _ ,- �
IF
6WAUDITOR CONTROLLER USE ONLY .._ �,..
DEPOSITS �j.
RMIT PE
- I
� .'-NUMBER r
' IASSIGNED,_r
S.amount of money descnbed above is fn Treaswer'i receipYt,of af�ove amount�is app owed' �lk f„Receipt�of above amount is heretiy�~ .”'
` cleposrt',fr to the Cot ty�Treasury I"ackrfoMedged
IV r
Daf
�9ned-
J "k- "' De Coun Auditor 'Deput Courit Treasurer
ttl8 �"d" (. 1�� �Il' .EXT. �"i � _ —� ,.P�h'?.- --!Y,, .r � ,4 �,Yd
147 (7 93)) * }
COUNTY OF CONTRA COSTA
PEP
Q$lT;PERMjT
OFFICE,C>F`COUNTYAUQ170R,CONTROi:LERm" ` ' •-
r
IMA
RTINEZ C
SURER gIIFCNtNIA
,TREA
cNEDYFROlv1�
GANIZAT
{OR ION:NUMBER.-
N k )
t �1s C 4 •
;(For,Cash:Collection.Procedures'-seeCou'-tyyAdmin�strcitors'Bulletin`105.�
{DESCRIRTION, IF,UND-ORG.. ACCT `TASK OPTION_ !ACTIVITY,% AIv10UNT
J $ U
a1oL9.74" ✓fes`1.;f1�t'
� fl.� ff �? 1
18 411
_
If
}_t t _ , __^_ _
If
� _ II
1 •
:: . . o : _ :
_I {
t � ,�C7J�f
f
,
f
r. 0 j
� qei
a?om ��d � 5�RA,'7fi' :,kc � c, � 44W 7
_
r
LAVATION: . TOTAL., $ a ..
r.
DEPOSIT f
Deposit.consists of-the following items
- - COIN:and CURRENCY $
CHECKS,.M.O.,ETC $
BANK DEPOSITS
e. FOR:AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT vpP
NUMBER
DATE '
ASSIGNED
'3mount of money described above�s for - Treasurer s,recejpt.o£:above amountis:approved_ Receipt,of above amount is.hereby
,deposit iirKq,thh�e"County Treasury, � ocknowledged
Signed :, _ Signed,.
'.
( EXT , : : Deputy County-Audita Depiify County 7rea3urer
M..(7.93),' I
r y E> COUNTY OF CONTRA COSTA
"' .' DEPOSIT PERMIT
41
,
OFFICE OF:COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
-xl�
REASURER�ti
U , , J
41VED FROM;
¢ y
' J + ORGANIZATION NUMBER'
t .=.r g "=lam) '� T`r .'pub
Collection Procedures see CountynAdministmtor's Bulletin 105.)
DESCRIPTION, FUND RG; ACT
/O TASK OPTION ACTIYITY� AMOUNT
., '7a�
:1
� 'S '�.'• h.T .tM-wKYaArl
_ yy tt 1
% -
a z•
q
1
i
I
r ;
. 1.
1
oy 1
PLANATION- . TOTAL $ 1
DEPOSIT t w
Deposit consists of the following items
COIN and CURRENCY $
CHECKS.MO.,ETC. $
BANK DEPOSITS $ t
FOR AUDIT61?i CONTROLLER USE ONLY
DEPOSIT =/
PERMIT DP .SS f.w
NUMBER / �-
DATE
f r2 Q.J
ASSIGNED
amount of money described"above is for lreusumr's receipt of above amount is approved. ' Receipt of,above'amount is hereby' '
v
deposif into the County Treasury acknowledged .
ied• .t.@�A�..�.1��� •�U-'� Date�, ��� `~__
�t Signed: Signed: . ;
EXT.; t ? Deputy Counfiy Audi Deputy County Treasurer
V.(7-93)
819800-0800 : G1190172, $1,000.00, DA 03-00031,Cash Bond, Shapell
Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035
819800-0800 : G1190174, $16,500.00, PA 02-0008, Cash Bond, Shapell
Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035
819800-0800: G1190176, $1,000.00, DA 03-00020, Cash Bond, Shapell
Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035
0649-9665 / 112300: G1190173, $7,540.00, DA03-00031, Landscape
Improvement Inspection, Shapell Insustries of Northern CA, 100 N. Milpitas
Blvd., Milpitas, CA 95035
0649-9665 / 112300: G1190175, $77,570.00, PA02-0008, Landscape
Improvement Inspection, Shapell Insustries of Northern CA, 100 N. Milpitas
Blvd., Milpitas, CA 95035
0649-9665 / 112300: G1190177, $3,590.00, DA 0020, Landscape
Inspection, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035
0649-9665 / 112300: G1190178, $500.00, R53052, Record of Survey
Deposit, DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, CA
94526
0649-9665 / 112300: 61190179, $500.00, R53047, Record of Survey
Deposit, DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, CA
94526
0649-9665 / 112300: G1190180, $500.00, R53048, Record of Survey
Deposit, Sharon L. Sneary, 11 Castle Crest PI, Alamo, CA.94507
0649-9665 / 112300: G1190181, $500.00, R53051, Record of Survey
Deposit, Sumon Mazunder, 856 Acalanes Rd, Lafayette, CA 94549
Subdivision: DA 03-00031 (x-ref SUB 8306)
Bond No.: 929. 270 293
Premiu do` $689.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF SWAY LANDSCAPE AGREE AUNT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. RECITAL Or SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping, and other related improvements in Subdivision
DA 03-00031 (x-ref SUB 8306) as specified in the-Subdivision Agreement (Right of Way
Landscaping), and to complete said,work within the tune specified for completion in the Subdivision .
Agreement(Right of Way Landscaping),all in accordance with State and local laws and rulings thereunder
in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: Shmell Homes, A Division of Shapell Industries, Inc.. A Delaware Corp. as
Principal, and National Fire".Insurance Carr>pany of Hartford , a corporation
organized existing under the laws of the State of CT ,andauthorizedto
transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs,
executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: Ninety One Thousand Nine Hundred and 00/100
Dollars ($ 91,900.00 ) for itself or any city assignee under the above County
Subdivision Agreement, plus
B. Payment: Forty Six Thousand Four Hundred Fifty and 00/100
Dollars ($ 46,450.00 )to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. CONDrrtON:
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,administrators,successors or assigns, shall in all things stand to
grid abide,by, and well and truly keep and perform the covenants, conditions and provisions in the
s,-O agreement and any alteration thereof made as therein provided, on is or its part;to be kept and
prforined at the time and in the planner therein specified, and in all respects according to their true
�n`tenl and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee),its officers,agents and employees,as therein stipulated,then this,'obli;gatibh shall become
r'll and void; otherwise it shall be and remain in fall force and effect.'`„, , ; r '
j 4
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 taxect as
costs and included in any judgement rendered.
B. The condition of this obligation ,as to Section 2.(B) above is such that said Principal and, the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials.furnished or labor
thereon of any kind,or for.ainounts 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 cilfore.ing.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 Linder Title 15(commencing with Section
3082)of Part 4 ofDivision 3 of the Civil Code, so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition ofthis 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 alteration ofsaid subdivision agreement or anyplan.or specification of said work agreed to by the
Principal and the County shall relieve any Suretyfi•om 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 2819, and holds itself bound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on November 28; 2005
Shapell 11onies, A Division of Shapell National Fire Insurance
PRINCIPAL; Industries, .Inc. , 'a Delaware Corp SURETY: Company of Hartford
Address: 100 N. Milpitas Blvd. Address 2355 E. Camelback Road, Suite 500
City: Mil 'tas _CA_Zip: 95035 C`icy: Phoenix AZ Zip: 85016
By: By: cvzgz09�AAI'-,-
Print N, Print Name Gina O'Shea = ,
Title: 'C' �CCTitle: Attorney-in-Fact
By;
Printed Name� and Title:
:111W
UPWSI\SITARDA'I'A\(7ipl)ataUingSvcn17ncrosU3\WOR MNI-I?A.doc.
i
- 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 viitue 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.
pASUg4Continental Casualty Company
National Fire Insurance Company of Hartford
r,A°OR"rr ar .09M arro x American Casualty Company of Reading,Pennsylvania
u SEAL
q� 0 • d�
1897 MARS
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.MEDNA
• Notary Public,Step of Mit"
• 'I I' �w�� i L
� My Commission Ex*a 3/15M1b/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
printn_ the reverse hereof4so till iii force. In testimony vvhf I have hereunto subscribed my name and affixed the seal of the said corporations this
G6 tI day of erm 20
cASug4r OiSUR0 Continental Casualty Company
National Fire Insurance Company of Hartford
' c°i°OfArFg� oaarr American Casualty Company of Reading,Pennsylvania
0
JULY 71,
V SEAL
1897 MARS • a
Mary A. ika s Assistant Secretary
Form F6853-11/2001
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article IX--Execution of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any,Executive, Senior or Group Vice
President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of
insurance, bonds, undertakings and other obligatory instruments of like nature. Such 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 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 DC 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 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 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 Attomey 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 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 ofDirectors of the
Company at a meeting duly called and held on the 17`h day of February,1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the 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."
t
State of California
County of Los Angeles
On November 28, 2005 before me. Sandy Hanner-Notary Public
Date NAME. TITLE OF OFFICER., 'JANE DOE. NOTARY PUBLIC-
personally appeared Gina O'Shea
NAMES) 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( is/Am subscribed to the within instrument and acknowledged to me that
ke/she/tom executed the same intftlherl authorized capacity(bw), and that by Ws/her/thOr
signature(s) on the instrument the person(g), or the entity upon behalf of which the person(%) acted,
executed the instrument.
WITNESS y hand and o ' seal.
SANDY HANNER
w Commission#1362157
- Notary Public-California
Los Angeles County SIGNA RE OF NOTARY
My 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
(�L)
ATTORNEY-IN-FACT
(_} TRUSTEE($)
(—) GUARDIAN/CONSERVATOR
(�) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Natinnal Fire Inch ance c=ompany of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
G-107426-13
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 1, 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.
JA ICE T.KRUSE WITNESS my hand and official seal.
Commission#1597428 Z
Notary Public-California
t Santa Clara County
MyComm.Expires Aug 24.200 Si ature of Notary Public
Optional Information
Title or Type of Document: Improvement Bond 929270293- Tr. 8306
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries,Inc.