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HomeMy WebLinkAboutMINUTES - 06052007 - C.17 } _ 4 Y - t IIIIIIII_ [III[II - ECORDIN REQU STED BY: CONTRA COSTA Co Recorder Office STEPHEN L. WEIR Clerk-Recorder RECORDED MAIL TCT: DOC— 200'7-0199225-00 Wq�N Wednesday, JUL 11, 2007 09.10.23 FRE $0.00 Tt l Pd $0.00 Nbr-0003778044 1rc/RS/1-18 y C irk�.P A(.64 THE SPACE ABOVE IS FOR RECORDERS USE ONLY .DOCEMENT TITLE doaaw,,l � 41q CORRECTED COPY! PLEASE DESTROY PREVIOUS ISSUE 1-0- p BOA-RD,of SUPERVISORS °� o I��ra v L_C \ I FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR i c ` yutdA ),z C lJ07 to I i•.14_ ;oc DATE: June 5, 2007 County rA_cotiN SUBJECT: Accept completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 04-08847, for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp.,San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. ?007lo??15e for Subdivision 04-08847, accepting completion of improvements for Subdivision Agreement(Right-of-Way Landscaping),for project being developed by Shapell Homes,a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: CORRECTED COPY! None. PLEASE DESTROY PREVIOUS ISSUE BACK_GROUNDIREASON(S) FOR RECOMMENDATION(S): The developer, Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., has completed the landscape improvements per the Subdivision Agreement(Right of Way Landscaping),and in accordance with Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be accepted and the maintenance/warranty period will not begin. Continued on Attachment: +% SIGNATURE: � f ✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATORE S : - ACTIONOF BO�ON 44,rP� X&V APPROVED AS RECOMMENDED OTHER VO QFSUPEI'FvISORS I hereby certify that this is a true and correct V UNANIMOUS(ABSENT O-nGi ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. TR:vz GAFngSvc\80d007\06-05%B045 DV(Landscaping)SD 04-8847.doc Original.,; Public Works(FS) 'Contact. ?c;iRie(313-'--363) .. I.D.95-257'g0yt cc: Puyc Works -P.Tehancy,MST LabO(. t ATTESTED: r�v m f 0-0'x -I.Bergeron,Mapping Div. 77N 7 777 CUL -T.Ric,Engincering Svc. - JOHLEN, Clerk of the Board of -T.–April 5,1008 SbmO-Patrol Div.Commander Supervisors and County Administrator QH1,c/o AI QSIA–Cartog QhR Low,City of San Ramon "'_L'Camino Ramon,San Ramon,CA 94583 e-1 Jim6old/Sam Worden,Shapell Horses 100 N.Milpitas Blvd.Milpitas.CA 95035 By V _, Deputy portlu Stocks,National Fire Insurance Company of Hartford 2355 E.Comeback Road.Suitt 500, Phoenix.AZ 85016 CONTRP, COS TP Ccs Recorder 0 ict y STEPHcN L,' Li"IR Clerk-Recorder Record edt the request of; Contra Costa County DOC. 200 -01551191--00 - - - - _ - Board of Supervisors .- Wednesday, JUN 06, 2007 14:20:22" Return to: FRE $0.00 Pnie Works Department Tt 1 Pd $0.00 Nbr-0003731959 Engineering Services Division rrc/R9/1-B nw tnw .wn... .............THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 5, 2007 by the following vote: 'LYES: Gioia,Uilkema, Bonilla,Glover and.Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/ dg� SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping)for Subdivision 04-08847, for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Camino Tassajara Road. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Subdivision 04-08847,have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping) with Shapell Homes,aDivision of Shapell Industries;Inc., a Delaware Corp., heretofore approved by this Board; TR:vz G:\EngSvc\BO\2007\06-05\BO-45 DV(Landscaping)SD 04-8847.doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by COB L.D.95-2578030 .I hereby certify that this is a true and correct copy of an cc: Publicc Works -A.Bell,Construction Div. -P.Tehaney,M&T Lab action taken and entered on the minutes of the Board of -I.Bergeron,Mapping Div. -T.Ric,Engineering Svc. Supervisors on the date shown. -T.—Anti 15,2008 Sheriff-Patrol Div.Commander CHP,c/o Al ATTESTED: ✓VX7-e— ©S, 600-tv';�' CSAA—Cartog JOHN CULLEN, Clerk of the.Board of Supervisors and Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 County Administrator Shapell Homes 100 N.Milpitas Blvd Milpitas,CA 95035 Attn:re I Insurance C Wordempany By _� Deputy National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela Stocks RESOLUTION N0.2007/ oGr 1 SUBJECT: Accepting completidn of landsdape impiryei-rimts for Subdivision .Agreernent (Right-of-Way Landscaping) for Subdivision 04-08847,for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) DATE: June 5, 2007 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of June 5, 2007 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement (Right-of-Way Landscaping): DATE OF AGREEMENT NAME OF SURETY May 16, 2006 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials) surety for $41,780.00, Bond No. 929270283 issued by the above surety be RETAINED for the six month lien guarantee period until December 5, 2007, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. q BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements on Saddlehorn Court are ACCEPTED AS COMPLETE. Upon completion of the warranty and maintenance period, the Wendy Ranch Home Owners Association shall accept the landscape improvements for maintenance. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$1,000.00 cash deposit(Auditor's Deposit Permit No.456864,dated January 5, 2006)made by Shapell Homes,a Division of Shapell Industries,Inc., a Delaware Coop„. and the performance/maintenance suretybond rider for$12,384.00,Bond No. 929270283 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 2007/ d,f)Z Y _ E7r- Wendt Ranch Phase II( SD-04-08847 INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 270 283 issued by the National Fire Insurance Company of Hartford as Surety, on behalf of Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. of Milpitas CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez CA hereinafter referred to as the Obligee, effective the 25th day of October 2005. IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 19th day of April 1 2007 , and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby "DECREASED' from the sum of Eighty Two Thousand Five Hundred Sixty and No/100"' Dollars ($ 82,560.00"' ),to the sum of Twelve Thousand Three Hundred Eighty Four and Nombol Dollars($ 12,384.00"" ). IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the sum of Eighty Two Thousand Five Hundred Sixty and No/100"' Dollars($ 82.56 00' ), or for any loss occurring subsequent to said date shall not exceed the sum of Twelve Thousand Three Hundred Eighty Four and No/100" Dollars ($ 12.384.00"' ), In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it being the intent hereof to preclude cumulative liability. SIGNED, SEALED AND DATED this 2nd day of May. 2007 l Accepted By, ` j Shapell Homes, a Division of Shapell Industries, Inc., A Delaware Corp. V" (Principal) l By By /yam 1 r` (Seal) i By / i (Seal) �aiD C.rr 1D. m►orcr V-( National FIre-4nsurance Company of Hartford Form F4763 - (Supety) Pamela L. Stocks, Attorney-in-Fact i oy All Hier Isc 7 ties[ !resents' nat CgnunPntal Casuatn Qomndnj an IlunolS omorstior.,]�airpnal rir lnSurahc mnam'o Hanforc.8ii' I llinois atmarauon,and Arr epi an Casua Company of Reaemn Pennsvlvant a Pennsylvania comora I n(Herein called"the CNA Companies"),art._. duly organized and.exutint corporatior-s havin;their principal.offices in to City of Cnica2^o,.and State of Illinois,and Thai they dci by vinue 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 15th day of August,2006. �GAS IJ,,�r %wsueq Continental Casualty Company r�r National Fire Insurance Company of Hartford zk ca^PO"re �, $� a+ar�o •a American Casualty Company of Reading,Pennsylvania i= M a ` LY n1LY 71, ISO'? Mp Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 15th day of August,2006,before me personally came Thomas P.Stillman 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,an Illinois 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. ....................... 'oFFIGAL SEAL' ; MARIA M.MOM %,.Y PuWk.Sum of NM,,w • _ �� •_ /7 . My Conntl•da„Ewn 311 ISMO: `/ /�-p-'w✓ �.CKA�I�i 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,art Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attomey 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 thereverse hereof is still in force. In testimony wh��U�have hereunto subscribed my name and affixed the seal of the said corporations this day of May °"S wtr twa1R,� Continental Casualty Company r fit National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania AMY if �U S SIR 198, .� NARK • Mary A.+kal@kis Assistant Secretary Form F6&53-11/2001 - = State of Cal'rfomia County of Los Angeles On May 2, 2P0/ before me. Beverly A.Hall-Notary Public Oate NAME. TITLE OF OFFICER- -JANE DOE. NOTARY PUBLIC' personally appeared Pamela L. Stocks NAME(S) OF SIGNER(S) ( x ) personally known to me— OR — (_) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/lets subscribed to the within instrument and acknowledged to me that hs/she/I#'ft executed the same in Nr/her kmir authorized capacity(ins), and that by kwherltty& signature(s) on the instrument the person(g), or the entity upon behalf of which the person(4 acted, executed the instrument. BEVERLY A. HALL WIT SS my hand and Official S at _ Commission # 1717989 1 Notary Public - California ='` SIGNATURE /NOTARY m Los Angeles County CoL6 iresJon16,2011 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (_) INDIVIDUAL (_) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (_) PARTNER(S) (_) LIMITED (_) GENERAL NUMBER OF PAGES (x) ATTORNEY-IN-FACT (_) TRUSTEE(S) (_) GUARDIAN/CONSERVATOR (_) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G•tO7426•e l i CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ? County of Santa Clara On May 3,2007, 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 r' 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. j j QMYJANICE I KRUSE WITNESS my hand and official seal.commission# 1597428Notary Public-caiitornioSanta Clara County - -z Comm.Expires Aug 24 of—Signature of Notary Public ;Z Z { ) Optional Information >I > >z > Title or Type of Document: Decrease Rider- Wendt Ranch Phase III SD0408847 > � r ) )l Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of ;3 Shauell Industries, Inc. > V > >j TO: BOARD OF SUPERVISORS Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTORg.; ,.,,Myo) . -.`.. _s Costa DATE: June 5, 2007 CDO � County SUBJECT: Accept completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 04-08847, for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/9?941 for Subdivision 04-08847, accepting completion of improvements for Subdivision Agreement(Right-of-Way Landscaping),for project being developed by Shapell Homes,a Division of Shapell Iindustries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: CORRECTED COPY! None. PLEASE DESTROY PREVIOUS ISSUE BACKGROUND/REASON(S) FOR RECOMMENDATION(S): -- -- - -- - The developer, Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., has completed the landscape improvements per the Subdivision Agreement(Right of Way Landscaping), and in accordance with Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be accepted and the maintenance/warranty period will not begin. Continued on Attachment: c-� SIGNATURE: LP-Aj� ` ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 1,�APPROVE OTHER e 1. SIGNATURES ACTION OF BO ON APPROVED AS RECOMMENDED OTHER OF SUPE vlSORS I hereby certify that this is a true and correct V(V UNANIMOUS(ABSENT copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date Shown. TR:vz G\EngSvc\130\2007\06-05\B045 DV(Landscaping)SD 04-8847.doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) LD 95-2578030 r ^/ r ce: Public Works -P.Tenancy,M&T Lab ATTESTED:D: v" ?v �J a••Q,.2- -I.Bergeron,Mapping Div. _T.Ric,Engineering Svc. JOHN CULLEN, Clerk of the Board of -T.-Apra 5,2008 Sheriff-Patrol Div.Commander Supervisors and County Administrator CHP,c/o Al CSAA-Cartog Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Jim Gold/Sam Warden,Shapell Homes 100 N.Milpitas Blvd,Milpitas,CA 95035 By , Deputy Pamela Stocks,National Fire Insurance Company of Hartford Y 2355 E.Camelback Road,Suite 500, Phoenix,AZ 85016 CONTRA COSTA Co Recorder Office STEPHEN L, WEIR Clerk-Recorder Recorded t the request of: Contra Costa County DOC— 200y-0165191-00 Board of Supervisors Wednesday, JUN 06, 2007 14:20:22 Return to: FRE $0.00 Public Works Department Tt 1 Pd $0.00 Nbr-0003131959 Engineering Services Division rrc/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 5, 2007 by the following vote: 1,YES: Gioia,Uilkema, Bonilla,Glover and Piepho NOES: None ABSENT: None ABSTAIN: None s RESOLUTION NO. 2007/ oZ9f� SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 04-08847,for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Camino Tassajara Road. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Subdivision 04-08847,have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping)with Shapell Homes,a Division of Shapell Industries,Inc., a Delaware Corp., heretofore approved by this Board; TR:va G:\EngSvc\60\2007\06-05\BO-45 DV(Landscaping)SD 04-8847.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB I.D.95-2578030 cc: Public Works -A.Bell,Construction Div. I hereby certify that this is a true and correct copy of an -P.Tehaney,M&T Lab action taken and entered on the minutes of the Board of -I.Bergeron,Mapping Div. -T.Rie,Engineering Svc. Supervisors on the date shown. -T.—April 5,2008 Sheriff-Patrol Div.Commander CHP,c/o Al ATTESTED: u/ny CSAA-Caring JOHN CULLEN, Clerk of the Board of Supervisors and Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 County Administrator Shapell Homes 100 N.Milpitas Blvd Milpitas,CA 95035 Attn:Jim Gold/Sam Worden By ' Deputy National Fire Insurance Company of Hartford T 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela Stocks RESOLUTION NO.2007/ p(� SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping)for Subdivision 04-08847,for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) DATE: June 5, 2007 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of June 5,2007 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement (Right-of-Way Landscaping): DATE OF AGREEMENT NAME OF SURETY May 16, 2006 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for $41,780.00, Bond No. 929270283 issued by the above surety be RETAINED for the six month lien guarantee period until December 5, 2007, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements on Saddlehom Court are ACCEPTED AS COMPLETE. Upon completion of the warranty and maintenance period, the Wendy Ranch Home Owners Association shall accept the landscape improvements for maintenance. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$1,000.00 cash deposit(Auditor's Deposit Permit No.456864,dated January 5,2006)made by Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp., and the performance/maintenance surety bond rider for$12,384.00,Bond No.929270283 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 20071 CNA SURETY Wendt Ranch Phase III SD-04-08847 INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 270 283 issued by the National Fire Insurance Company of Hartford as Surety, on behalf of Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. of Milpitas, CA herein after.referred to as the Principal, and in favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee, effective the 25th day of October 2005. IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 19th day of April 1 2007 , and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby 'DECREASED** _ from the sum of Eighty Two Thousand Five Hundred Sixty and No/100*** Dollars ($ 82,560.00*** ),to the sum of Twelve Thousand Three Hundred Eighty Four and No/100*** Dollars ($ 12,384.00**` ). IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the sum of Eighty Two Thousand Five Hundred Sixty and No/100*** Dollars ($ 82.560.00*** ), or for any loss occurring subsequent to said date shall not exceed the sum of Twelve Thousand Three Hundred Eighty Four and No/100' Dollars ($ 12,384.00*** ), In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it being the intent hereof to preclude cumulative liability. SIGNED, SEALED AND DATED this 2nd day of May, 2007 Accepted By: Shapell Homes, a Division of Shapell Industries, Inc., A Delaware Corp. / (Principal) BY X By c uX (Seal) i By (Seal) Ieloar} F+Sst V'P National Fir nsurance CUo�mpany of Hartford Form F4763 (SU �/l ty) lel Pamela L. Stocks, Attorney-in-Fact —POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois 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 15th day of August,2006. GAS tL9<r teSUR4 �. Continental Casualty Company National Fire Insurance Company of Hartford F CORPORATE C, S sM�oaPaLirr American Casualty Company of Reading,Pennsylvania Z a JULY 11, OJ SEAL r= ! 1502 1897 NARK • Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 15th day of August,2006,before me personally came Thomas P.Stillman 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,an Illinois 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. j 'OFFICIAL SEAL" j MARIA M.MEDINA a Notary Public.Staft of i MY Commuuim Enpiw 1116/0Y 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,an Illinois 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 wh of I have hereunto subscribed my name and affixed the seal of the said corporations this day of 1 y 07 GAS Continental Casualty Company <r ., twsuRq � National Fire Insurance Company of Hartford z CORPORATE ' 0 S%VLWQWre -- American Casualty Company of Reading,Pennsylvania a JULY o 11,f SEAL g � w Ism a t897 NAQ Mary A.+kajokis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On May 2r 2001 before me. Beverly A. Hall-Notary Public Dare NAME. TITLE OF OFFICER.. •JANE 00E. NOTARY PUBLIC- personally appeared Pamela L.Stocks NAME(S)OF S(GNERS) ( x ) personally known to me - OR - (T) proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) islate subscribed to the within instrument and acknowledged to me that Ere/she/t,4 ft executed the same in,his/hedlbair authorized capacity0s), and that by him/her/wmk signature(s) on the instrument the person(§), or the entity upon behalf of which the person(s) acted, executed the instrument. BEVERLY A. HALL WIT f SS my hand andofficial al. Commission # 1717989 Los Angeles County Notary Public •California � SIGNATURE NOTARY Mv Comm 6 hes Jan 16,2011 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (_) INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (�) PARTNER(S) (_) LIMITED (_) GENERAL NUMBER OF PAGES (X) ATTORNEY-IN-FACT (_) TRUSTEE(S) (�) GUARDIAN/CONSERVATOR (—) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G.107426.8 JJV.MNi../�/M.��NWtrV. M/NWVV - J) (J(\/J)) MN ./�/WVV / /V� VWItiNV/lW�/4MN�NV\\iVNW\M�N CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On May 3,2007, before me,Janice T. Kruse,Notary Public personally appeared Robert A 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. @NotaJANICE L KRUSE `� WITNESS my hand and official seal. CommiWan# 1547428 ry C Public- alifornia — (/ Santa Clara County �_ Nly Comm.Expires Aug 24,2009 Signature of Notary Public Optional Information Title or Type of Document: Decrease Rider -Wendt Ranch Phase III SD0408847 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries,IncIndustries,Inc.