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HomeMy WebLinkAboutRESOLUTIONS - 05222007 - 2007/277 TTO: BOARD OF SUPERVISORS Con ra FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR .� Costa DATE: May 22, 2007 County rA Cotira� SUBJECT: Accept Completion of Improvements, approving Improvement Warranty Agreement for Development Plan 02-03053, and declaring Goodrick Avenue widening as a County road, for project being developed by Thomas-Swan Sign Co., Inc.,North Richmond area. (District I) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/477 for Development Plan 02-03053, accepting Completion of Improvements , approving Improvement Warranty Agreement, and declaring Goodrick Avenue widening as a County road, for project being developed by Thomas-Swan Sign Co., Inc.,North Richmond area. (District I) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Improvements required by Conditions of Approval for Development Plan 02-03053 have been completed. CONSEQUENCES OF NEGATIVE ACTION: The Improvement Warranty Agreement will not be recorded. Continued on Attachment: z.� SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,46PROVE OTHER r SIGNATURE (S): ACTION OF BOA D N APPROVED AS RECOMMENDEDV OTHER VOTF OF SUPERVISORS I hereby certify that this is a true and correct Y 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. KD:vz G:\EngSvcW0007\05-22\60-42 DP 02-3053.doc Originator:Public Works(ES) Contact: S.Gospodchikov(313-2316) •C� Tax I.D.94-1476188 ATTESTED: ! — cc: Public Works -Accounting JOHN CULLEN� ler�he Board of -Construction -Maintenance(w/Plat) -T-March 22,2008 Supervisors and County Administrator CSAA-Cartog CHP,c/o At Sheriff-Patrol Div.Commander Thomas-Swan Sign Co.,Inc. 1117 Howard Street By , Deputy San Francisco,CA 94103 Attn:Michel Roberts Fidelity and Deposit Company of Maryland 560 Mission Street,Suite 2400 San Francisco,CA 94105 Atm:Christopher J.Buckley CONTRA COSTA Co Recorder Win- Contra costa County Recorded at the request of: DOC STEPHEN L— 200'7. WEIR Clerk-Recorder Public Works Department —0151118-00 Engineering Services Division Wednesday, MAY 23 2007 10:52:05 Return to: FRE Public Works Department Tt l Pd Engineering Services Division0 00 Nbr-00031116b1 lrc/R9/1-16 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 22, 2007 by the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/ oZ�� SUBJECT: Accepting Completion of Improvements, approving Improvement Warranty Agreement for Development Plan 02-03053, and declaring Goodrick Avenue widening as a County road, for project being developed by Thomas-Swan Sign Co., Inc., North Richmond area. (District I) The Public Works Director having notified this Board that the improvements for Development Plan 02-03053 have been completed by Thomas-Swan Sign Co.,Inc.without the need for an Improvement Agreement; NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of May 22, 2007. KD:vz I hereby certify that this is a true and correct copy of an G:\EngSvc\B0\2007\05-22\B0-42 DP 02-3053.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: S.Gospodchikov(313-2316) Supervisors on the date shown. Recording to be completed by Clerk of the Board Tax LD.94-1476188 cc: Public Works -Accounting -Construction ATTESTED: zY402� /7 -Maintenance(w/Plat) -T-March 22,2008 JOHN CULLEN, CVrk of the Board of Supervisors and CSAA-Cartog County Administrator CHP,c/o Al Sheriff-Patrol Div.Commander Thomas-Swan Sign Co.,Inc. By , Deputy 1117 Howard Street San Francisco,CA 94103 Attn:Michel Roberts Fidelity and Deposit Company of Maryland 560 Mission Street,Suite 2400 San Francisco,CA 94105 Attn:Christopher J.Buckley n V? RESOLUTION N0.2007/ O� SUBJECT: Accepting Completion of Improvements, approving Improvement Warranty Agreement for Development Plan 02-03053, and declaring Goodrick Avenue widening as a County road, for project being developed by Thomas-Swan Sign Co., Inc.,North Richmond area. (District I) DATE: May 22, 2007 PAGE: 2 BE IT FURTHER RESOLVED that the widening of Goodrick Avenue is ACCEPTED and DECLARED to be a County road;the right of way was conveyed by separate instrument,recorded on July 2, 1976, in Book 7927 of Official Records on page 160. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the following document is being presented for Board approval to guarantee improvement warranty for Goodrick Avenue widening. An Agreement for Improvement Warranty with Thomas-Swan Sign Co., Inc., principal, whereby said principal agrees to warrant all improvements,as required in said improvement warranty agreement, for one year from the date of said agreement. Improvements generally consist of pavement widening and necessary longitudinal and transverse drainage. Said document was accompanied by security to guarantee the warranty of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I. Cash Bond Performance Amount: $1,000.00 Auditor's Deposit Permit No. DP 481498 Date: April 12, 2007 Submitted by: Thomas-Swan Sign Co., Inc. Taxpayer identification number: 941476188 II. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number and Date: 8533469 April 9, 2007 Performance Amount: $19,000.00 Labor&Materials Amount: $i0,000.00 Principal: Thomas-Swan Sign Co., Inc. NOW, THEREFORE, IT IS RESOLVED that said improvement warranty agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2007/La 7)g AGREEMENT FOR IMPROVEMENT WARRANTY (After Construction is Complete) (Government Code § 66462 and §66463) Development:` DP 02-3053 c /� Effective Date: ZZ, 20197 Develope T1'�GyrllS- i.7r n J1C�4� LL 1 Warranty Period: Iyear Deposits: A. (cash) $ 1.000.00 B. (bonds, etc.) 1. (faithful performance &maintenance) $ 19,000.00 2. (payment)$ 10.000.00 1. PARTIES & DATE. Effective on the above date,the County of Contra Costa, California, hereinafter called "County," and the above-named Developer, mutually promise and agree as follows concerning this development: 2. IMPROVEMENT WARRANTY. Developer warrants that the road and street improvements, tract drainage, street signs, and all other public improvements were constructed, installed and completed in this development in a manner equal or superior to the requirements of the county Ordinance Code,Title 9. 3. GUARANTEE & MAINTENANCE. Developer guarantees that the aforesaid development improvements are and will be free from defects and will perforin satisfactorily in accordance with County Ordinance Code; and he shall maintain the improvements for one-year after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance. 4. IMPROVEMENT SECURITY: DEPOSIT & BONDS. Upon executing this agreement, Developer shall deposit as security with the County: A. Cash: $1,000 cash or 1%of the estimated cost of the improvements, whichever is more; together with B. Bond, etc.: $19,000.00 (Faithful performance) additional security totaling 15% of the cost of the estimated improvements less the cash deposit in the form of a cash deposit, acceptable instrument of credit, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one-year after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance; plus $10,000.00(payment for labor and materials)another such additional security in at least the above— specified amount, which is 50% of the estimated cost of the aforementioned improvements, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Developer. Said payment bond to become null and void six months after the completion of improvements. 5. NO WAIVER BY COUNTY. Inspection of the improvements and/or materials, or approval of improvements and/or materials inspected, or statement by any officer, agent or employee of the County indicating that the improvements or any part thereof comply with the requirements of this agreement, or acceptance of the whole or any part of said improvements and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Developer 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 to comply with any of the terms and conditions hereof. 6. INDEMNITY. Developer shall hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents, and employees; B. 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 accepted the improvements as completed, and including the defense of any suit(s), actions(s), or other proceedings(s) concerning these; C. The actions causing liability are any act or omission (negligent or non-negligent) in connection with the matters covered by this agreement and attributable to the Developer, 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 Indemnity has prepared, supplied, or approved any plan(s) or specifications(s) in connection with the improvements or development,or has insurance or other indemnification covering any of these matters. 7. COSTS. Developer shall pay or have paid when due all the costs of the work, including inspection thereof and relocating existing utilities required thereby. 8. NONPERFORMANCE AND COSTS. If Developer fails to maintain the work and improvements during the time specified in this agreement, County pay proceed to maintain them by contract or otherwise, and Developer shall pay the costs and charges therefore immediately upon demand. If County sues to compel performance of this agreement or recover engineering costs and the cost of maintaining the improvements, Developer shall pay all reasonable attorneys' fees, costs of suit,and all other expenses of litigation incurred by County in connection therewith. 9. ASSIGNMENT. If before the completion of the maintenance period the development is annexed to a city,the County may assign to that city the County's rights under this agreement and any deposit or bond securing them. 10. LABOR & MATERIALS WARRANTY. Developer further warrants that the claims and liens of all persons, contractors, and subcontractors furnishing labor or materials for the installation of said improvements in the development have been satisfied. The Developer agree to satisfy any valid claims or liens of labor and materialmen as to the said improvements and development appearing hereafter upon demand by the County. CONTRA COSTA COUNTY: DEVELOPER:� GZ�tL� `�- Maurice M. Shiu, Public Works Director By: L� � (/v1 ` `� (signature) G' (printna title) RECOMMEN ED F R APPROVAL: T'n [ mo1_ (3- i QS By: (signature) (print name&title) FORM APPROVED: Victor J. Westman, County Counsel (NOTE: All signatures to be acknowledged. If Developer is incorporated,signatures must conform to the designated representative groups pursuant to Corporations Code 5313.) RL:kw G:\EngSvc\Foms\AG WORD\AG-33A Inapt.Agmt for Warranty.doc Rev.April 6,2000 ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Francisco On N C 1 before_me, William H. Travis, Jr. (DAKE) rr ((�� (NOTARY) personally appeared 1�� i t 14 A(L P C)r) Gi .7� SIGNER(S) ❑ personally known to me - OR - (Cproved 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the �--� person(s) acted, executed the instrument. WILLIAM H.TRAVIS JB. � Comm.#1441922 ;� N0-1ARY PUBIIC-CA1110&NU C)ty B LatnlY°I San R°p 3 2 f Mp C°mm.Evilef°`'°ba(ta, WITNESS my hand and official seal. i v�-tt NCPI'ARY'SS TUBE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ) ❑ CORPORATE OFFICER rP PSN 1 ,d ,� -� ' ow- TrtLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR �fAT OF DOCUMENT ❑ OTHER: OTHER m m SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S)OR ENTrrY(IES) OF E —06, SIGNER 5 0 a APA 5(99 VALLEY-SIERRA, 800.362-3369 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 660 (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB I TASK OPTION ACTIVITY AMOUNT ACCT Sales Tax 100300 0637 1 M04. Sale of Prints 004530 9931 REV 6130085 .126.:20; Sale of Prints IGA0026 56.75; Sale of Plans & Specs 004500 GA0196 270:88•: S1.105-00007 ,13A 29996 603520 9660: 58027A 57.98 TP06-00066°'BA'33998 68051X 119.11 MS 05-00027 BA 30380 680034 40-.63 000651 ..I IGL0069 . 426;85:: MS:06-00046,,B A 31249. 003520. 580034 368:32} 000661SL0034 361,76;, MS 05=00051 BA 31487 003520 6B0034 1,222.85 LP96-02086 BA 10239 6B027A 100[00. MS89-0008 BA 14522 000651 6L0073 99.4.0 Trust Fund 000649 9665 500.00` 819800` 0_.: , . .. 800 2,000.00 Explanation: TOTAL $ Re cords:G1219480-G121495 DEPOSIT 5,785:47 Acctng: ?1221412-G1221421 Deposit consists of the following items'. Eng Svcs:G1 COIN and CURRENCY $ 136:48 Invoices: 912713,912719, 912726 BA'S 29996,33998,30380, 31249,314871 CHECKS,M.O.,ETC. $ twa 5;648:99 10239, 14522 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP S�yr DATE NUMBER ak="a f 7' ASSIGNED q Ci Fr The amount of money described above is for Treasurer's receipt of above amount Is Receipt of above amount Whereby acknowledged. deposit into the County Treasury Sign � F A,i Signed: � r\ pt igned / t :. - _--^• _ s' Title: Acct.CIL Adv EXT.3-2344 Deputy CouAty,A.6t7. Deputy CountyTreasurer 3 Rev. 7-9 ) 0649-9665 / 112300: G1221622; $ 00.00, RS3186, Record of Survey Review, Triad? Holmes Associates, 777 Woodside Rd., Ste A, Redwood City, CA 94061 819800-0800: G1221623, $1,000.00, DP02-3053; Cash Bond, Thomas Swan Sign Co., 1117 Howard St., San Francisci, CA 94103 819800-0800: G1221624, $1,000.00, SD03-8811, Cash Bond, Christine Lee, 5654 Mission St., San Francisco, CA 94112 T H O M A S S W A N 3 7 7 CERTIFIED COPY OF RESOLUTION I, the undersigned, do certify that: 1 . 1 am the duly qualified and acting Attorney for THOMAS-SWAN SIGN COMPANY, a California corporation. 2. The following is a true copy of the resolution adopted by the Unanimous Written Consent of the Directors of such Corporation without a meeting. The resolution has not been modified and is now in full force and effect: RESOLVED., That Michael Roberts is authorized.to sign on behalf of THOMAS-SWAN SIGN COMPANY any and all documents for the construction and development of the business property commonly known as, 2717 Goodrick Avenue, Richmond, CA. Executed at San Francisco, California, on April 17, 2007. enneth A. Gran erg THOMAS SWAN `,iIGN CO.,INC. 1317 HOWARD STREET,UAN FRANCISCO. CA 94103, 4;4,1321.15;;. FAX 415.62 t,04$1, L!C. No, 269069 Thomas 5wanith swan.'itrhd resol 4-17,)Tdoc T 0 i AL P.00 TRT PROPERTIES, LLC 1117 Howard Street San Francisco, CA 94103 TC: 415-621-1511 FX: 415-621-0481 CERTIFIED COPY OF RESOLUTION I, the undersigned, do certify that: 1 . 1 am the duly qualified and acting Attorney for TRT PROPERTIES, LLC, a California limited liability company. 2. The following is a true copy of the resolution adopted by the Unanimous Written Consent of the Members of such Limited Liability Company without a meeting. The resolution has not been modified and is now in full force and effect: RESOLVED, That Michael Roberts is authorized to sign on behalf of TRT Properties, LLC any and all documents for the construction and development of the business property commonly known as 2717 Goodrick Avenue, Richmond, CA. Executed at San Francisco, California, on April 17, 2007. Kenneth A. Gra berg >t 7 YxmuasU.All ni%re5oiution 4-12-Q'.ni 1 Bond NO.: 8533469 Development: DP 02-3053 Premium: $380.00 - 1 year IMPROVEMENT S.ECUitrry BOND FORROAD IMPROVVMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 -66499.10) 1. RECITAL of ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along r drick Avenue to complete said work within the time specifted for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION: Thomas-Swan Sign Co. , Inc. asPrincipaland Fidelit and Deposit ComPfi%rporation organized under the laws of the State of Maryland and u hon d to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: Nineteen Thousand Dollars($ 1.9,000,00 ) for itself or any city assignee under the above County Road Improvement.Agreement,plus B. Payment: Ten Thousand Dollars($ 10.000.00 )to secure the claims to whichreference is made in Title 15 §§et seq. of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section (2.A.) above is such that if the above bonded Principal, or principal's heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereofmade as therein provided on it or its part,to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa or city assignee,its officers,agents and employees,as therein stipulated,then this obligation shall become 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 reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa 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 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,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees, incurred by the County of Contra Costa or city assignee, in successfully enforcing such obligation., to be awarded and fixed by the court,all 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 3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be fully performed, then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without further notice to or consent by the 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. 4. SIGNED AND SEALED: The undersigned executed this document on April 9, 2007 PRINCIPAL: Thomas-Swan Sign Co. , Inc. Fidelity and Deposit Company SURETY: of Maryland Address: 1117 Howard Street Address: 560 Mission Street, Suite 2400 City: San Francisco, Ca 94103 City: San Francisco, Ca. 94105 By: � By: Print Nance: Michael Roberts Print Name: Christopher J. Buckley Title. Title: Attorney-in-Fact ,. W GAGtpDatalGngtiv(iFQMsV1N WORINRN.4.doc VW J. ,2E,2001 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, . policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with.the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 9th day of April 2007 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia County of San Francisco On 4-9-07 before me, Florence W. Chan Notary Public, personally appeared Christopher J.Buckley,Attorney-in-Fact personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. FLORENCE W. CHAN COMM. #1512661 ®' NOTARY PUBLIC-CALIFORNIA Oo 4 SAN FRANCISCO COUNTY WITNESS my hand and official seal. „ My Comm.Expires Sept. 18,2006 GEN90000CA0401 f A ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF SAN FRANCISCO } ss. On April 12, 2007 before me, Mario E. Martinez (Notary Public) personally appeared Michael Roberts,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 the person(s) acted, executed the instrument. WITNESS my hand and official seal. ` UMraE. RUTINiEf`:� o COMM. 015.71882 z i Notary Public•California o San Francisco County Signature M Comm.Expires .22,20D9 ( A S L) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages Date of Document Signer(s)Other Than Named Above O MENTPROVIOEO BY BTEVJARTT EOF MIFORNK INC, NOTARYL.