HomeMy WebLinkAboutRESOLUTIONS - 01312003 - 99-408 l
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 17, 1999 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNIER AND CANCIAMILLA
NOES: NONE
r
ABSENT: NONE -
ABSTAIN: NONE
RESOLUTION NO.: 99/408
SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for SUB 8254,
Dougherty Valley area.
The following document was presented for Board approval this date for, SUB 8254 located
in the area.
A Subdivision Agreement(Right of Way Landscaping)with Shapell Industries of Northern
California, developer, whereby said developer agrees to complete all improvements as required in
said Subdivision Agreement (Right of Way Landscaping) within one year 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 improvements as required
by Title 8 and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $6,379.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: DP# 335763, July 30, 1999
II. Surety Bond
Bond Company: American Casualty Company of Reading, PA
Bond Number and Date: 190723728, July 27, 1999
Performance Amount: $631,521.00
Labor&Materials Amount: $315,750.00
Principal: Shapell Industries of Northern California
RESOLUTION NO. : 99/408
SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for SUB 8254,
Dougherty Valley area.
DATE: August 17, 1999
PAGE -2-
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way
Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
RL:G1'
\TWSl\SHARDATA\GrpData\EngSvc'\BO\1999\BO 8-17-99.doe
Oriinator: Public Works(ES)
Cor:act: Rich Lierly(313-2348) I hereby certify that this is a true and correct copy of
cc: Pubic Works- R,Bruno,Construction an action taken and entered on the minutes of the
Current Planning,Community Development
T-6-17-2000(PI) Board of Supervisors on the date shown.
Shapell industries of Northern California,
100 M Milpitas Blvd,Milpitas,CA 95035
Chris Truebridge
Sam Worden
American Casualty Company of Reading,PA ATTESTED: AUGUST 17 1999
21650 Oxnard Street,Suite 760,Woodland Hills,CA 91367 i
PHIL BATCHELOR, Clerk of the Board of
Supervisors and County Administrator
By ,
Deputy
CALIFORNIA ALS.-PURP4.iE ACKNOWLEDGMENT
,•'.��.-,._-_:4-_..._,__ .� ._..._.�•w�...,_ _ ..t..�,..�..s.+.,cam•. .�.r•,,.�..a. -...�,�.•,q.+:,".:`:-''`,."+^^,-!`�.<`.,s✓'�".��.-a•^-..4-r._=.,t,�,
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State of Ca' 4 forma r
County of Santa Clara
y July 30, 1999
On before me. Linda A. Fluken, Notary Public
yData Name wo 713*of Of er(a.g..',tare Ooa,Notary Pubic")
personally appeared Daniel. W. Hancock
Narrtl,$)or Slgnartsl
` 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),
-
Commission;; 1151159356A.FLuK5N
Corrlmissor the entity upon behalf of which the person(s) acted, -
' "
*a; Notary Public-Cai;romia executed the instrument.
Santa Clara County
MYcornrn,Bores oct23,2001 WITNESS my hand and official seal.
Signature of.ovary Puono
OP71ONAL
'hougp'ne nfcr^larlon deiow is not required by law it may prove valuatle'o persons relying on,he document and could:,raver;
fraudulent removal and reattac.nmert of'his`crn'c another documerr.
Description of Attached Document
Title or Type of Document: _
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name: k
7 Individual 7. Individual
Corporate Officer Corporate Officer
Title(s): Title(s):
= Partner-- Limited General = Partner--= Limited Z General
Attorney-in-Fact Attorney-in-Pact
Trustee Trustee '
Guardian or Conservator Guardian or Conservator
_
Other: for of�rurno-e,e _ Other: ?cp v ,nurre Pert
ti <
Signer Is Representing: Signer Is Representing:
i
q i I a
•a i
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v"";95 National Notary Assoo,a:.on•US6 aerrmet Ave..P.O.Box 7184•Canoga Parx.CA 91309•.'54 prop.No.590' Zoroer'atf'a,l•P�ee 800.876.682"
A
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Man By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania
corporation(herein collectvely called`the CCC Surety 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 signature and seals herein affixed hereby make,constitute and appoint
Beverly A. Hail, Sandra V. Hanner, Individually
of Sherman Oaks, California
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 are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,
duly adopted,as indicated,by the Boards of Directors of the corporations.
In 1'Atness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 28th day of October 1998
CONTINENTAL CASUALTY COMPANY
? yr 0111414 y, a` NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
JULY i,
�u C3ElhL � #
d�
181111
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,as:
On this 2ft day of October 1998 ,before me personally came
Marvin J. Cashion,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 Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 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 dead of said corporations.
mcff fir►
raue
My Commission Expires March 6,2000 Mary Jo Abel Notary Public
CERTIFICATE
1, Mary A. Ribikewskis,Assistant Seicrertary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE=INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 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 each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affxod the seals of the said corporations
this 27th day of July 1999
CONTINENTAL CASUALTY COMPANY
rE Qrrree� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
tt '� AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
PAY 11.
smu
1#97 �f�'
Mary A. Ribikawskis Assistant Secretary
(Rev.10/1 t97)
,ithorizing By-Laws and Resolut► ,_.is
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—Exeeudon of Documents
Section 3.Appointment of Attorney-in-fact The Chairman of the Board of Directors,the President or any Executive, Senior or Group
Vico 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 aftomeys-in-fact,subject to the limitations
W forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
inst,uments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior
or Croup 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 hold on the 17th day of February, 1993.
'Resolved,that the signature of the President or any Executive, Senior or Group Viae President and the seal of the Company may be
affix yd by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and
cortifed 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 Vl--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 attomeys-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 attomays-in-fact,subject to the limitations
W 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 hold 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 effaced by facsimile to any cortlficate 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
bindi ,5 on the Company.'
ADOPTED F'y THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This mower of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by
the Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time
to time,appoint,by written certificates,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 sat 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 View President or the Board of Directors
may at any time revoke all power and authority previously given to any Attomsy-in-Fact"
This Power of Attorney is signers and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors tit the Company at a meeting duly called and held on the 17th day of February, 1993.
"ZESOLVED: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 Ftotiary 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."
SUBDIVISION AGREEMENT
(Right of Way Landscapin )
(Government Code S66462 and 566463)
Subdivision: 8254 Effective Date:
Subdivider: - '� 0� Completion Period: 1 year
THESE SIGNATURES ATTEST TO TNI` PARTIES'AGREEMENT HERETO:
CO TRA COSTA COUNTY ! : (Name and Title)
Shapell industries of N. Calif. A division of
J. Michael ',Halford, Public Works Director
By: `` _ t•+ •� s
wintnw*Vu—uo Daniel W. a
Eft COMMENQED FORAPPROVAL: Vice President
By: t�#+scun> = � " - I�1.��t f�•2 c. � ,c��
Engineering Services Divisionntn.m.a0n.i C. Truebridge
FORM APPROVED: Victor J. Westman, County Counsel Assistant Secretary
(NOTE:All signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code 5313.)
1. PARTIES 1 DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "Countv," and the
above-men;icned ivi�er, 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 SS66410 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
requirement3 shall govem.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499, and
the:aunty Ordinance Code,provide as security to the County:
�{ For Performance and Guarantee: $ 6.379.00 cash,plus additional security, in the amount
of$ 631,521. which together total one hundred percent(100%)of the estimated cost of the work. Such
additional sF curity 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$ 315,750-00 ,which Is fifty percent(50%)of the estimated
cost of the v c-k. 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 S94-4.406 and S94-4.408 of the Ordinance Code,
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete
in accordance with Article 964.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace, at his expense,
any defects in said work.
system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
5. PLANT_ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants, doing weed, rodent
and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said
plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete.
At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as pr:)rnised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in
any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
6. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive
boards, commissions,officers, agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions defined below,and including personal injury,death, property damage, inverse condemnation,or any combination of
these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County reviewed said
improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceedings)concerning
said liabilities and claims.
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 Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct
of any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
10. tS JRVEYS, Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and
subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and changes incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract,overhead, etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors, in the event
the County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even
if Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith, even
If Subdivider subsequently proceeds to complete the work.
12. [NCO RPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included
In territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or
letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party
beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
:H1W
C:%W INDO W5\TEM P'gwon nt%AG•3CA.dot
Rev.November 19,1998
State of CALIFORNIA
County of LOS ANGELES
un July 2 1999 before me, B- s T. - Nth ARY Im
Date NAME. TITLE OF OFFICER., -JANE DOE. NOTARY PUBLIC"
personally appeared SADIDRA V. HANNER
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(j) is/ltMubscribed to the within instrument and acknowledged to me that
M/she/1M executed the same it herl=authorized capacity0W and that by Xher X
signatureo l) on the instrument the person(l), or the entity upon behalf of which the person(Y} acted,
executed the instrument.
. -.
B. HAI-1 WITNESS my and-And official seal.
Commlision# 1186426
No'cry Put)I1c-1C711tcXnic
Los Ange+ee County STGNATURE OF NOTARY
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
(.�.._)
ATTORNEY-IN-FACT
(�) TRUSTEE(S)
GUARDIAN/CONSERVATOR
(�) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTITY(IES)
American Casualty Com an
of Readin;z,, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE
G-;07426.8
%; ALIFORNIA ALL-PURE 3E ACKNOWLEDGMENT
7
�LL
5 3
State of California
County of Santa Clara
July 30, 1999 ;rotary Pjjblic
On before me, Linda A. F11�ken,
j Onto ('raaTfa Ltd rift of 0111M(e.g..'Jww Ooa,Notary PUDIC") h
personally appeared Daniel W. Hancock and J.C. Truebridge
NL7fefa)of sg,en.(
{ personally known to me–OR–Z proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)islare subscribed to the within instrument
and acknowledged to me that he/she/they executed the r
same in his/her/their authorized capacity(ies), and that by
;SNL A A.:i;,K`N �i his/her/their signature(s)on the instrument the person(s),
C+�mrnisS;0r)4 1159356 [ or the entity upon behalf of which the person(s) acted,
Notary Public-California executed the instrument.
Santa Clara County
4 My Comm,5OVS 0&23,2001
WITNESS my hand and official seal. -
b Signature of Notary Pumc
OP71Of L
7hcugn me nfcr^narion n&/ow is not required 5y law, it may prove valuable'o persons,relying on the document and could prevent
fraudulent removal and reattachment of:his `orm to another document.
Description of ,attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
9 Signer's Name:
Individual Individual -
Corporate Officer Corporate Officer
'Title(s): Title(s): i
Partner—= Limited = General o Partner—-- Limited Z General
} Attorney-in-Fact Attomey-in-Fact
W Trustee IT!, = Trustee '
Guardian or Conservator = Guardian or Conservator
Other: Too of,numb here Other: Top of triurno mere
Signer Is Representing: Signer Is Representing:
�,=.�v.'e n,o.."-,. >a -. > .-:�:..�. ��;,'C.,ti.�„".`.:�-.."=•v-ti w'=-:'� ��;�y%i.;c:;..��=ti-�=n.'t=n�+.� `=�v'�.<.'"W.,`d:,."=ti.��,.�+,.�-..\'
ii
4*95 Naflonai Notary As MVIor.•8236 clemmef Ave..P.O.Box 7184•Canoga Pane.CA 41309•'184 Pw No 5907 Roomer Caii Toll-Free 1.800.876-6827
Subdivision: 8254, Crest Bridge
Band No.: 190 723 728
Premium: $3,158.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install
and pay for public right of way landscaping, and other related improvements in Subdivision 8254. Crest
Bridae as specified in the Subdivision Agreement (Right of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy-conditions
for filing of the Final Map or Parcel Map for said Subdivision.
2. {OBLIGATION: Shapell Industries of Northern California, a Division of Shaneli Industries, Inc. ,asPrkk-pal,and
American Casualtyompa y of Rgadiaq. PA , a corporation organized existing under the laws
of the State of PA _ __ , and authorized to transact surety business in California,
as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee` Six Hundred Thirty One Thousand Five Hundred Twenty One and NO/100
Dollars ($ 631,521.00 } for itself or any city assignee under the above County
Subdivision Agreement, plus
B. Payment: Three Hundred Fifteen Thousand Seven Hundred Fifty and NO/100
Dollars ($ 315,750.00 ) 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. CONDITION:
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 and abide
by, and well and truly keep and perform the covenants, conditions and provisions in the said
agreerrk-nt and any alteration thereof made as therein provided, on is or its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to 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 costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs
and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is 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 amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein above
set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by
County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons, companies and corporations entitled to file claims under Title 15 (commencing with Section
3082) of Part 4 of Division 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 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 subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby
given to make such alteration without further notice to or consent by Surety; and the Surety hereby
waives the provisions of California Civil Code Section 2819, and holds itself bound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on July 27, 1999
Shapell Industries of Northern California, American Casualty Company of
PRINCIPAL: a [Division of Shapell Industries, Inc. SURETY: Reading, PA
Address: 100 N. Milpitas Blvd. Address: 21650 Oxnard Street, Suite M
City: Milpit- ip: 95035 City: Woodland Wills ip: 91367
By:
Pmt Name: Daniel w. ancock ✓ Print Name: Sandra V. Wanner
Title: presidentTitle: Attorne
y-in-Fact
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