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Home My WebLink AboutMINUTES - 06272006 - C.13 TO: BOARD OF SUPERVISORS ti-- � ontra FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR `+ Costa o' aiuie DATE: June 27, 2006 CU1111ty STa COUIZ .7 SUBJECT: Approving Subdivision Agreement(soundwall) for Subdivision 04-08847, for project being devleoped by Shapell Homes,A Division of Shapell Industries, Inc.,A Delaware Corporation, Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/—A47 for Subdivision 04-08847, approving Subdivision Agreement (soundwall), 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): The improvements have been reviewed and processed by Public Works staff and meets all applicable conditions of approval. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement (soundwall)will not be approved. Continued on Attichment: ✓ SIGNATURE: LRECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURES ACTION OF BO ON -G APPROVED AS RECOMMENDED OTHER VO OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT oW G- ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. TR:cmm G:\EngSvc\BO\2006\06-27\Subdivision 04-8847 BO-16(DV).doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) ATTESTED: / cc: Public Works- G.Paduveris,Construction JOHN CULLEN, Clerk of the Board of Current Planning,Community Development T—April 27;2007(P1) Supervisors and.County Administrator Shapell Homes 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:S.Worden and&Savage National Fire Insurance Company of Hartford By , Deputy 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela L.Stocks a THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 27, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None .ABSENT: None ABSTAIN: None 0 RESOLUTION NO. 2006/ SUBJECT: Approving Subdivision Agreement (soundwall) for Subdivision 04-08847, for project being developed by Shapell Homes, A Division of Shapell Industries, Inc., A Delaware Corporation, 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 (soundwall) 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 (soundwall) 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: DP 459659 February 28, 2006 TR:cmm I hereby certify that this is a true and correct copy of an G:\EngSvc\BO\2006\06-27\Subdivision 04-8847 BO-16(DV).doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri.Rie(313-2363) Supervisors on the date shown. cc: Public Works- Construction Current Planning,Community Development //�� + '/ T—April 27,2008(P1) ATTESTED: -, �.7 1, o=�?y dt 6Homes 100 N.Milpitas Blvd. JOHN CULLEN�Clerk of the Board of Supervisors and 100 N Milpitas,CA 95035 County Administrator Attn:S.Worden and S.Savage National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Atm:Pamela L.Stocks By ,Deputy RESOLUTION NO.2006/ SUBJECT: Approving Subdivision Agreement (Soundwall) for Subdivision 04-08847, for project being devleoped by Shapell Homes, A Division of Shapell Industries, Inc., A Delaware Corporation, Danville area. (District III) DATE: June 27, 2006 PAGE: 2 II. Surety Bond Bond Company: National Fire Insurance Company of Hartofrd Bond Number and Date: 929-270-310 February 7, 2006 Performance Amount: $19,700.00 Labor &Materials Amount: $10,350.00 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. RESOL UTION NO. 2005/.�o14th, i ..�' C g odl✓d wgG PA&Y SUBDIVISION AGREEMENT l p (Gov.Code,§§66462 and 66463) 88 t 7 Subdivision: UFj wovor Rn,►cm Pio 3 Effective Date: �W i�`'� 1 go Subdivider: !-YA C k#01 (/f f/o n/ OF 304WE1— Completion Period: I , THESE SIGN y ES/►TTWT TO ^RHESAGREEMENT TQ:� �2fo I CONTRA COSTA COUNTY ,i'G SUBDIVIDER Maurice M.Shiu,Pu Works Dir fo .10"40r By: Pnnt Name RECOMMENDED FOR AP AL: Print Title r , By: Pd t Name Ir\RP� NrAm A ngineenng services visen Print Title Ia S 5T` I FORM APPROVED: Silvano B. esi,County CounselN( OTE:All signatures must be acknowledged.If Subdivider is incorporated,the contract I must be signed by two officers.The first signature must be that of the chairman of the board,president,or vice-president;the second signature must be that of the secretary, assistant secretary,chief financial officer,or, assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of California ) b\� County of On the date written below,before me, a Notary Public,personally appeared the a signing above for personally known to me(or proved to me on the basis of satisfactory evi en arson s name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the some in his/her/their authorized capacity(ies),and that by hi I el nature( on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument WITNESS my hand and official seal. Dated: rKw�,-GNotary Public (Notary Seal) ��S O �_,D 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,Califomia,(hereinafter°County')and the above-mentioned Subdivider mutually promise and agree l 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,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto (hereinafter"Ordinance Cade'). Subdividershall complete said improvements(hereinafter"Work")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. Code,§§66410 et seq.)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder,and where there is a conflict among the improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENTS SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County: 00 v B I A. For Performance and Guarantee: $ (00 0• cash,plus additional security,in the amount of$T70O• 'which together total one hundred percent(100%)of the estimated cost of the Work. Such additional security is presented in the form of: Cash,certified check or cashier's check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,Subdivider guarantees performance under this Agreement and maintenance of the Workfor one yearafterits completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 77Cn o _ B. For Payment Security in the amount$ 1017JQ• /,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 Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit. (Rev.9/031 I Page 1 of 2 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On February 9,2006, 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 Commission#1597428 WITNESS my hand and official seal. Notary Public-California Santa Clara County My Comm.Expires Aug 24,200 Sign`ture of Notary Public Optional Information Title or Type of Document: Subdivision Agreement- 8847/phase 3 - Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shavell Industries,Inc. w COUNTY OF CONTRA COSTA DEPOSIT PERMIT .. OFFICE OF COUNTY AUDITOR-CONTROLLED ' i. MARTINEZ, CALIFORNIA TQ THE TREASURER; RECEIVED FROM i PUBLIC WORKS ORGANIZATION NUMBER 650 rga t ion (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUS I TASK OPTION ACTIVITY AMOUNT ACCT SALES TAX 100300 0637 22.57 SALE OF PRINTS 004530 9931 REV 16AO026 192.50 SALE OF PRINTS 004530 9931 REV' 6GO085 19.90 STANDARD PLANS & SPECS 004500 9931 REV 6AO196 61.00 CORNER RECORD REV 000651 9960 REV 6LO88D 60.00 INV#911913 MTCE FEE 12105 000330 9895 REV 16W9CO7 860.26 BA#30592 PER#DP05-03064 003520 9660 REV 5BO39C 140.71 BA#30277 PER#PA05-00029 000651 9660 REV 6LO81C 303.33 BA#25767 PER#SD03-08784 003520 9660 REV 5B0040 . 5,567.08 BA#28587 PER#PA04-00018 000.651 9660 REV 6L081C 3,505.80 BA#29204 PER#PA05-00021000651 9660 REV 6LO81C 230.21 BA#30262 PER#DP05-03048 003520 9660 REV 5B039C 293.94 BA#29837 RA05-01192 000651 9660 REV 6LO85G 432.21 BA#24600 PER#DG03-00022 000651 9660 REV 16LO85K 30.64 BA#236208 PER#RA04-01157 000651 9660 REV 16LO85H 296.87 BA#24669 PER#DG03-00023 0006519660 REV 6LO85J 12,595.93 EXPLANATION: TOTAL $ DEPOSIT C.C.: Deposit consists of the following items RECORDS:G1190550, G1191901-G1191913,ACCTG:G1191886-61191896 COIN,and CURRENCY $ r /r ENG SVCS:G1190936-Gl190961,VOIDS:G1190936,G1190940,G1190952 CHECKS,M.O.,ETC. $ INV#911922,911913,911616,911622,911625,911761,IND#907876 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY BA#30592,25767,30277,28587,29204,30262,2983724600,26208,24669,27672, DEPOSIT PERMIT DP BA#21927,28597 NUMBER ' DATE I % ASSIGNED Q" 96S The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged. deposit into the County Treasury Signed: -Date. i�! ,. Signed Signed .. { Title: EXT. �� Deputy Count Auditor Deputy County Treasurer D-34 Rev.(7-93) � ` k COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER '' MARTINEZ,CALIFORNIA ro THE TREASURER: RECEIVED FROM PUBLIC WORKS ORGANIZATION NUMBER 650 rga a ion (For Cash Collection Procedures See County Administrator's Bulletin 1 DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT BA#24669 DG03-00023 000651 9660 REV 6LO85K 179.0 BA#27672 PER#DP04-03065 003520 9660 REV 5BO39B 454.6 BA#30539 PER#MS05-00032 000651 9660 REV6L0069 141.3 BA#30628 PER#RA05-01210 000651 9660 REV ]5BO39C 6LO85G 334.8 BA#30628 PER#RA05-01210 000651 9660 REV6LO85H 52.3 BA#21927 PER#DG02-00017 000651 9660 REV6LO85K 371.8 BA#28597 PER#DP04-03100 003520 9660 REV 8,941.2 INV#911616 000672 9755 REV 6R2666 6,874.5 INV#911622 000672 9755 REV 6R2683 3,592.8 INV#911625 000672 9755 REV 6R2687 2,815.1 IND#907876-DAVI 000672 9755 REV 6U2600 100.0 CELL PHONE REIMB 004504 2110 SAS 904SAS 2.7 POSTAGE 004500 2105 SAS 999SAS 11.9 INV#911761 KNIGHTSEN 007505 9895 REV 6F8168 3,150.0 SD#98-08239 AGRMNT EXT. 000651 9660 REV 6LO76B 250.0 HYDROLOGY CONSULT 007505 9895 REV 6F8275 1 3,850.0 EXPLANATION: TOTAL $ DEPOSIT C.C.: Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged. deposit into the County Treasury Signed ` f Date_/_/ r Signed. a ,.. Signed: t i �. .._.,.,.. Title EXT. Deputy County Auditor Deputy County Treasurer D-34 Rev.(7-93) 4� k/ COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER t MARTINEZ,CALIFORNIA Tp THE TREASURER:, RECEIVED FROM PUBLIC WORKS ORGANIZATION NUMBER 650 gan¢a io (For Cash Collection Procedures See County Administrator's Bulletin 1 DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT SUB 8824 CDD COMP CK 003520 9660 REV 5BO60C 1,000.0 HYDROLOGY CONSULT 007505 9895 REV 6F8275 300.0 TRUST FUND 000649 9665 90,143.1, TRUST FUND 819800 0800 3,300.0 EXPLANATION: TOTAL $ DEPOSIT C.C.: Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT F t PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged. deposit into the County Treasury Signedf r Date_ / r: r >� Signed: w Signed: 1. - Tills ` " EXT Deputy Counl Auditor Deputy Count Treasurer D-34 Rev.(7-93) 0649-9665 1831000-0800: G1190953, $414.11, Sub 99-8379, Major Sub Inspection, Camino Diablo Associates, 22Highland Drive, Napa, Ca. 94559 5.q&go. 0649-96651831000-0800: G1190955, $54,040X00, Subdivision 8933 (village 49) Civil Improvement Plans, Major subdivision improvement plan review, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, Ca. 94583 819800-0800: G1190941, $1,300.00, RA1203 (x-ref sub,8847) Cash Bond, Shapell Homes, 100 North Milpitas Blvd, Milpitas, Ca. 95035 8198C}o-0800: G1190942, $1,000.00, Sub 8847-Soundwall, Cash Bond, Shapell Homes, 100 North Milpitas Blvd, Milpitas, Ca. 95035 819800-0800: G1190944, $1,000.00, RA1173 Landscaping Cash Bond, Shapell Homes, 100 North Milpitas Blvd., Milpitas, Ca. 95035 s. -�Uf E t 4.' 0649-9665 / 831000-0800: G1191890, $2,452.22 , BA#30262 DP05-03048, Plan Check, Shapell Homes, 100 North Milpitas Blvd., Milpitas, Ca. 95035 `x4! 0649-96651 831000-0800. G1191890, $1,114.16, BA#25644 DG03-00031, Public Imp Ins 82B, Shapell Homes, 100 North Milpitas, Milpitas, Ca. 95035 0649-9665 / 831000-0800: G1190937, $600.00, SD98-08239 Inspection, Gene R. Schmidt, Inc., 940 Reliez Station Lane, Lafayette, Ca. 94549 0649-9665 / 831000-0800: G1190939, $9,500.00, Sub 8847 (x-ref) RA1203, Inspection fee, Road acceptance, Shapell Homes, 100 North Milpitas Blvd., Milpitas, Ca. 95035 0649-9665 / 831000-0800: G1190943, $2,000.00, RA 1173 Landscaping Improvement Inspection, Shapell Homes, 100 North Milpitas Blvd., Milpitas, Ca. 95035 0649-9665 / 831000-0800: G1190950, $1,875.00, Sub 8824, Meritage Lane, Major Subdivision, Map Check Fee, 5hadowbrook Winery LLC, 3740 5hadowbrook Ct., Walnut Creek, Ca. 94598- 4685 0649-9665 / 831000-0800: G1190950, $17,954.60, Sub 8824, Meritage Lane, Major Subdivision, Improvement Plan Review, 5hadowbrook Winery LLC, 3740 5hadowbrook Ct., Wallnut Creek, Ca. 94598-4685 0649-9665 / 831000-0800: G1190953, $193.05, 5ub99-8379, Major Sub Improv Pian Review, Camino Diablo Associates, 22 Highland Drive, Napa, Co. 94559 SUB 04-8547 Soundwall ()2c)270310 P:emiurn: Any claifr under Ns 13ond she be serl 't'tarrielback Road S-uite 5QQ -Phoenix, AZ--85016 IMPROVEMENT SECURITY BOND FOR SUODMSION AGREEMENT (Soundwall Only) (Pe-ormnce,Guarantee and Payment) (Gov.Co&-,§§66499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT. The PrincipaJ has Executed an agreement with fire County of Contra Costa thereinafter`Count})to hsla!l and pay for street,drainage and other improvements in SUB 04-8847 soundwall ,as specified in the Subdivision Agreement,and to complete said work Within the time specified for com plefion in he Subdivision Agreement,all in accordance with State and Ica laws and ratings thereunder in order to satisfy conditions for fling of the Final Niap or Parcel Map for said subdivision. Under the terms of the Subd;-A%iN-i Agreement Principal is required to furnish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborer and rnaterialmen. 2. OBLIGATION. Shapell Homes,ia Division of Shapell k,;dustfies Inc..a Delaware Corp, as Principal,and -N,qticm.ql Fi-rc-. Tn,-;irrqnr-p Q=aI3i of Hartford a corporation organized and existing under III-,laws of the State of -Cr -and authorized to transact surety business in California,as Surety,hereby jointly and severally bind ourselves,=hers,executors, administrators,successors and assigns to the County of,Conn Costa,California to pay It (A. Performance and Guarantte)Nineteen Thousand,Seven Hundred and 001100 Dollars($ 19.700.00 for itself or any&j assignee under the above Sutidivision Agreemen, (B. Payment) Ten Thousand Three Hundred Fifty and 00/100--—----------—-—----------------—- Dollars f$ 10.350.00 jto secure the claims to which reference is made In Tide XV(commencing with Section 3082)of Part4 of Division III of the Civil Code of the State of California. 3. CONDITION. This obligation is subject to the Ioliowing condition. A. T-he condition of this obli,3ation as to Section 2.(A)above is such that If the above bounded Principal,his or its heirs,executors,adminWtrators, successors or assigns,shall in all tNngs stand to and abide by,and wet and truly keep and perform the covenan%- ,conditions and provisions In the said agreement and anyalteration thereof made astherein provided,on tris or Their par,,to be kept and performed at the time and in the manner therein specified.and in all,respect according to their true intent and meaning,and shall indemnify and save harmless the County of Contra Costa(or city assignee;,its officers,agents and employees,as therein stipulated,ther,this obligation shah become null and void;othervAse it shall be and remain in full form and effect As part of the obligagon secured hereby and In addition to the face amount specified therefor,there shall be includee costs and reasonable expenses and fees, including reasonable attorney's fees,incurred by the County of Contra Costa(or city assiqnee)in successfully enforcing such obligation,and to be taxed as costs and included in any judgment rendered. S. The condition of this obligation,as to Section Z(B)above,is such that said Principal and the undersigned as cofpora!e surety are hed firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,materialmen and other persons Employed in the perforrntance of the aforesaid Subdivision Agreement and referred to in the aforesaid Civil Code for materials'furnished or fabor thereon of any kind,or for amounts due under the Unemplioyment Insurance Act with respect to this work or lata, and that the Surety At pay the same;In an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount Iherecf,costs and reasonable expenses and fees,including reasonable aftom ey's fees,incurred by the County of Contra Costa(or city assignee)In sucoasstly enforcing such obligation,to be awarded and fixed by Lite court,and to be taxed as costs and to be Included in theludgment therein rendered. It is hereby expressly stipulated and agreed fhatthis bond shaft inure to the bene-fl of any and aJ persons,companies,and corporations entitled to file clairris under TiJe 15(ccimmcncirig with Section 3082)of Part of Division 3 of the CW.Code.so as to give a right of action 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;othemise I,shall be and remain In full force and effect. C. No charge,extension of time,alteration,4v addition 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 Oven to make such change,extension of time,attem1ort or addition w1thout further notice to or consent by SuratT,and Surety hereby rives the provisions of Civil Code Section 2819 and holds izeff bound without regafd to and Independently of ary action against the Principal whenever taken, SIGNEDAN SEALffin Febr w SMpe Homs -X-D--�Isio- Conpany of 0 3- Ti b2i-�L poll National Fire Insurance Principal: Indbstries. Inc, , a Delaware Corp Surety: T4,q-rtfc)rA Address: 100 N Milpitas Wud- Addressj-':�%S V- Cmnp-lback Road, Suite 500 T-Jilnif-ps- CA 95035 np-nt-V A Z 85016 X-11 121, 3y: �yPrint,%13,w Pamela L. Stocks Titfe: Title: Attorney-in-Fact lftrq;Al 4k-'74urus rnuS1teztinoj, Ax coq=�xirz. olf="'must Win. Tne first 54--l3tuna trust',a that ref lh:-:t*i=2n-.1 tie t;�artit.presk*e.,or sec,cnd A—Qaamry,=e'=sw8Mq.ciirafllo Grp'.0-d-?,�-,81 P=n AP proved;'q County' [Rev-99" `i .1. STATE OF California SS. COUNTY OF Los Angeles On February 7, 2006 before me, Gina O'Shea PERSONALLY APPEARED Pamela L. Stocks personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which GINA O'SHEA the person(s) acted,executed the instrument. COMM. 1159 Tutt WITNESS my hand and official seal. Q LOS AINEMCOLWIV *oftsoft fib.f.MB Signature This area for Official Notarial Seal Gina O'Shea 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 OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT 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 Harmer,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. GASLIq Continental Casualty Company , �� rJ• . ` 1NSURq,�E' ,t. � National Fire Insurance Company of Hartford GWO""*F ar �r�pR°° Fo American Casualty Company of Reading,Pennsylvania 3 a JULY 71, o� SEAL � � �! Low t est � ►raatF • 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 swom,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 •i Passion Stw of 1 My Coartnifian Eapm 3/15109 • ,/�/' •^� •L. • � 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 f irther 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 II have hereunto subscribed my name and affixed the seal of the said corporations this 7th day of_F_eb 06 GASu� ,y�R Continental Casualty Company National Fire Insurance Company of Hartford Faure 0 5�r� OAarFc American Casualty Company of Reading,Pennsylvania 9- a JULY II, Ou SEALf e 1902 .7 tes� erA • �� a �P� Mary A.qikai&s Assistant Secretary Form F6853-11/2001 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On February 9,2006, 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. =____�++ WITNESS my hand and official seal. La�� JANICE T.KRUSE Commission# 1597428 Notary Public-California f < � Santa Clara county - Sig ature of Notary Public ,MvComm-Expires Aug 24,2004 Optional Information Title or Type of Document: Improvement Bond 929270310 - Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries, Inc.