HomeMy WebLinkAboutRESOLUTIONS - 01312003 - 99-410 0. 4
THE BOAR} OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 17, 1999 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNIEP AND CANCIAr1ILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 99/410
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8189,
:Dougherty Valley area.
The following documents were presented for Board approval this date:
I. Map
The Final Map of Subdivision 8189,property located in the Dougherty Valley area,
said map having been certified by the proper officials;
IL Subdivision Agreement
A subdivision agreement with Shapell Industries of Northern California, subdivider,
whereby said subdivider agrees to complete all improvements as required in said
subdivision agreement within one year from the date of said agreement.
Accompanying said subdivision agreement is security guaranteeing completion of
said improvements as follows:
A. Cash Deposit
Deposit amount: $11,613.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: DP# 335763, July 30, 1999
B. Surety Bond
Bond Company: American Casualty Company of Reading, PA
Bond Number and Date: 929097461, July 28, 1999
Performance Amount: $1,149,700.00
Labor&Materials Amount: $574,900.00
Principal: Shapell Industries of Northern California
RESOLUTION NO. : 99/410
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8189,
Dougherty Valley
DATE: August 17, 1999
PACE -2-
111. Tax Letter
Letter from the County Tax Collector stating that there are no unpaid County taxes
heretofore levied on the property included in said map and that the 1998-1999 tax
lien has been paid in full and the 1999-2000 tax lien,which became a lien on the first
day of January 1999, is estimated to be $19,400.00, with security guaranteeing
payment of said tax lien as follows:
Tax Surety
Bond Company: American Casualty Company of Reading, PA
Bond Number and Date: 929097454, July 26, 1999
Amount: $19,400.00
Principal: Shapell Industries of Northern California
NOW THEREFORE BE IT RESOLVED that said subdivision,together with the provisions
for its design and improvement, is DETERMINED to be consistent with the County's general and
specific plans;
BE IT FURTHER RESOLVED that said Final Map is APPROVED and this Board does not
accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as
dedicated to public use.
All deposit permits are on file with the Public Works Department.
BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED.
I hereby certify that this is a true and correct copy of
RL:df
an action taken and entered on the minutes of the
G:\GrpData\EngSvc\130\1999\130 8-17-99.doc Board of Supervisors on the date shown.
Originator:Public Works(ES)
Contact: Rich Lierly(313-2348)
cc: Public Works-R.Bruno,Construction ATTESTED: AUGUST 17, 1999
T Current77 -2000 Planning,Community Development
7 PHIL BATCHELOR, Clerk of the Board of
Sh100 industries ofNoBlvd, hernilp California, Supervisors and County Administrator
100 N.Milpitas Blvd,Milpitas,CA 95035 p �J
Chris Truebridge
Sam Wordcn
American Casualty Company of Reading,PA,
21650 Oxnard Street,Suite 760,
Woodland Hills,CA 91367 By , Deputy
CAi0FORN1A ALL•PURF ;E ACKNOWLEDGMENT
't
State of Cal.ifcr:�ia r
' County of Santa Clara '
On July 30, 1999 before me, Linda A. Fluken Notar Pubo is
oat* Nafna am nn.or ofFlt:ar(a.g.. gut+
Do*.Notary Punic"
personally appeared Daniel. W. Hancock '
NaRNns)of siwws)
personally known to me–OR– proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)islare subscribed to the within instrument
n and acknowledged to me that helshe/they executed the
r=. ,•r,.; .::, r Same in his/her/their authorized capacity(ies),and that by
his/her/their signature(s)on the instrument the person(s),
S On= 54356 or the entity Upon behalf of which the person(s) acted.
r a y. o, a1'fc�rn;ca _ executed the instrument.
Sara Garr Ccwrily
Ccarl:m.E);:kg Oct23,2001
WITNESS my hand and official seal.
+}�IOf�ry Signatu or Notary Peanc
OFtAL
7hougn-rte rttor-Cation oeicw is rapt,4et;uired by law, it may grove valuable to persons retying on the document and could prevent
fraudulent removal and reanavirrent of this fcr,7 to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual {
XX Corporate Officer Corporate Officer
Title(s1: Title(s):
Partner—= Limited I{general Partner—i Limited o General
Z Attorney-in-Fact Attomey-in-Fact
Trustee w Trustee
.
Guardian or Conservator "' � Guardian or Conservator a
.� �•
Outer: Top of:%m -ere _-ere _,, Other: Top of t i mo^ere ! {
ti
1 { -
Signer is Representing: Signer is Representing: h
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z X95 Natonai Notary assoc,anvn•3226 Parrimot Ava. P.O 9ox 7164<Cancga earn.:A 91309-7164 proe.'vo.590" Aeoroerr Cad"on-Frsa'.600.876-6827
SubdivWon• 8189, Falcon Bridge
Bond No.: 929097461
Premium: $8,749.010
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 56499 - 66499.14)
1. RECITAL-Q SL;BDIyISIo:N AGREE: The Principal has executed an agreement with the County to install
and pay for street, drainage, and other improvements in Subdivision_ 8189. Falcon Bridge
as specified in the Subdivision Agreement, and to complete said work within the time specified for
completion in the Subdivision Agreement, all in accordance with State and local laws and rulings thereunder
iL order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: Shapell Industries of Northern Califomia, A Division of Shapell Industries, Inc as Principal,and
American Casualty QQmpan�of Beading. EA ------- 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:
One Million one Hundred Forty
A. Performance and Ci uamntee: Nina"thousand seven Hundred Dollars ($1,149.700.00
_ )for itself or any city assignee under the above County Subdivision Agreement,
plus
B. Payment: Five Hundred Seventy Four Thousand Nine Hundred Dollars($
5574.gpB.pp ) to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division IU 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,
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
agreement 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 26, 1999
Shapell Industries of Northern California, A American Casualty Company of Reading,
PRINCIPAL: Division of Shapell Industries, Inc SURETY: PA
Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 760
City:
Mil ip: 95035 ity: Woodland ills Zip: 91367
Print Name: Daniel W. cock Print Name: Pamela L. Stocks
Title: President Title: Attorney-in-Fact
.mW
11PK'S11SHARI)ATA1GrpD&14L\Er gvc\Pomu\BNWORDIBN'-12.doc
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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,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania
corporation(herein collectively 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
Pameia L. Stocks, Individual)
of Sherman Oaks, California
their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,weal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
In Unlimited Amounts
and to biro 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-Lowe and Resolutions,printed on the reverse hereof,
duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness 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 23rd day of February I 19%
Doe"DIC-OArt,
yKas CONTINENTAL CASUALTY COMPANY
p'""" NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
(JAMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
o� uut r+tie
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,as:
On this 23rd day of February , 1999 ,before me personally come
Marvin J. Cashion,to me known,who,being by me duly sworn, did depose and say:that he reskin 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
AMLRICF,N 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 deed of said corporations.
MgTARY
tag
My Commission Expires March 6,2000 Mary Jo Abel Notary Public
CERTIFICATE
1, Mary A. Ribikawskis,Assistant Secretary 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 forcer. In testimony whereof I have hereunto subscribed illy name and afft od the seals of the said corporations
this 28t13ay of July 1999
CONTINENTAL CASUALTY COMPANY
tt NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
oar►aye AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
JULY ey 0011
t3 :ALr`
Q-�h
f ,J
t o#7 t �+�.�»
(Rev.1 tJ71l97) Mary A. Rilo kowskis Assistant Secretary
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Pewer of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company.
"Article IX--Execution of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group
Vice President may,from time to time,appoint by written certificates 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 attorneys-in-fact,subject to the limitations
set fc-th in their respective certificaites 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 Chairman of the Board of Directors,the President or any Executive, Senior
or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attomey-in-fact."
This Power of Attorney is signed and seated 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 told on the 17th day of February, 1953.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 3 of Artide IX of the By-Laws,and the signature of the Secretary or
an As.:start Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
cortificute bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and
certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and
binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Compsny.
"Article Vl--Execution of Obligations and Appointment of Attomayoln-fact
S?ction 2.Appointment of Attorney-in-fact The Chairman of the Board of Directors,the Prosident 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 attamoys-in-fact,subject to the limitations
set fcrth in their respective oertificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seat of tate Company thereto.The President or any Executive, Senior or Group Vice President may at any time
revoke all power and authority previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1593.
"Resolved,that the signature of the President or any Executive,Senior or Group Vine President and the seal of the Company may be
offixec by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and
carufi,id by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and
binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of 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 Vices President,or any Senior or Group Vice President of the Corporation may,from time
to time,appoint,by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,
undertakings and other obligatory instruments of like nature.Such Attorney-in-Fact,subject to the limitations set forth in their respective
certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such Instrument and to attach
the seal of the Corporation thereto.The President,on Executive Vice President,any Senior or Group Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attomoy-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 rf the Company at a meeting duly called and hold on the 17th day of February, 1993.
'PESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seat of
the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors
on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile
to any certificate of any succi power,and any power or certificate bearing such facsimile signature and asst shall be valid and binding on the
Corpol ation.Any such power so executed and sealed and certified by c orttficate,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."
State of CALIFORNIA
County of LOS ANGELES
On . July 28 , 1999. before me, Sandy I1anner - Notary Public
Date NAME, TITLE OF OFFICER , "JANE DOE. NOTARY PUBLIC`
uersonally appeared Pamela L. Stacks
NAME(S) OF SIGNER(S)
{ x ) personally known to me – OR – (—) proved to me on the basis of satisfactory evidence to be
the person{ls) whose name(*isMt?ixsubscribed to the within instrument and acknowledged to me that
►Wshe/IW executed the same in boir/her/tl it authorized capacityoee, and that by wher/lw
signature{!) on the instrument the person(g), or the entity upon behalf of which the person(* acted,
executed the instrument.
=-= WITNE my hand and official seal.
SAND?HANNQt�
Comminion# 1188693
Notcry Public-Callforn c 41GN,Los Angeles y TUBE OF NOTARY
My Comm.tines Jul 2 2DC2
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
{ ) ATTORNEY IN-FACT NUMBER OF PACES
TRUSTEE(S)
{_o. ) GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
�AMerican Casualty COMDfi y
_of Reading,. Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE
G in?a2e•e
SUBDIVISION AGREEMENT
(Government Code 566462 and 566463)
Shapell Industries of N. Calif.
Subdivision: 8189 Subdivider. A division of Shapell Industries, Inc,
Effective Date: A-n c Completion Period: I year
THESE SIGNATURES ATTEST TO THE PARTIES"AGREEMENT HERETO:
CONTRA COSTA COUNTY SJMDIVID - r
J.Michael Walford,Public Works Director r
„
By: tsi..,B t
(hint twice k tl8t1 ` L'
EEC IM.Eti�EL1 Vice President
By. A
rvicesDivision (Mntrwm&t t11f .C. Truebridge
Assistant Secretary
A,
7 nVictor 1.Westman,County Counsel (NOTE: All signatures to be acknowledged. if Subdivider is incorporated,
signatures must conform with the designated representative groups pursuant to
Corporations Code 5313.)
1.
PARTIES&. ATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup ",and the above-mentioned
1x'ivider,mutually promise and agree as follows concerning this subdivision:
2. IM pVEMENTS. 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 pians 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 5566410 and following),in a good workmanlike manner,in accordance with accepted
construction practices and in a mariner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there
is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3, IMPROVEMENT SF.CLTPJIX. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County
Ordinance Code,provide as security to the County:
A. For Ferfnrmance andGuarantee: s11,613.00cash,plus additional security,in the amount of S 1,149,700-00
which together total one hundred percent(I OO%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,Certified check or cashiers check.
_ 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 s 1574, _00 which is fifty percent(SOI/o)of the estimated cost of the work.
Such security is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing
labor or materials to them or to the Subdivider.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 594-4.406 and 5944.408 of the Ordinance Code,
4. CUA_R ANTED AND WARRANTY QE Wim, Subdivider guarantees that said work shall be free from defects in material or workmanship
and shalt perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with
Article 96-4.6,"Acceptance,"of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,any defects in said work.
Tye guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system.
S. PLANT MALI HM NT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said
plant establ:.,hment 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(1)year from and after the Board of Supervisors accepts the work as complete.
6. IMPROVEMB''dT_PLAN WAI'LRA"1TY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as
promised 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 WA VER BY COLn+ITY. 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 wont 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 t mis and conditions hereof.
8. 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 proceeding(s)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 N n-Co itions: 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. COSI5: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required
thereby.
10. J:_'ai Vim. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road
Commissio;rer-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11, 1: N-PERFORMAN ANDCOSTS:If Subdivider fails to complete the work within the time specified in this Agreement,and subsequent
extensions,7'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 charges incurred by the County(including,but not limited to. engineering,inspection,surveys,contract,overhead,etc.)immediately
upon demar d.
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. JUX'ORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory
incorporates 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;,e 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. MCO. RD MAP, In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision.
RL:mw
CaWIN-DOWStTE!47,QwprintWG•30 doc
Rev February A,1999
CALIFORNIA ALL-PURP-w$E ACKNOWLEDGMENT
:.-s••s.r'.'�^„�^_.—�_..__.���...:_...s`ti:�_•��.'�h�:�_�.'r^-v`�t"' ,1.v,.-.���,. ;.�.n..,t.:w �rr�.nw,-r,—t:r+s� .a-v+
>� State of California
County of Santa Clara `^
July 30, 1999
On before me, _..Linda A. Fluken, Notary Public
5 Cate Marne ana Tae ot Otnear Ie.4..'.tans Coe.Notary Puotrc,
personally appeared Daniel W. Hancock and J.C. Truebridge �
3 Marr�ar or sigrrena)
personally known to me–OR–_proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by k
-' his/her/their signature(s)on the instrument the person(s),
rr-. j ' `� ~ " ✓9356 * or the entity upon behalf of which the person(s) acted,
Z �;-, tv�rary ;:fr71a x
Sarva ❑*�� �, , - executed the instrument.
elk
WITNESS my hand and official seal,
signature of N Cary Puanc
OP ON L
Tttcugn the nfcrr^ation oelow is not required by law, it may prove valuable t0 persons relying on the document and coed prevent
frauduient removal and reattachment of!tris!orm to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signers). Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual I Individual - <<
Corporate Officer = Corporate Officer h
Title(s): Title(s):
Partner- Limited = General Partner--- Limited I General `
' Attorney-in-Fact Attorney-in-Fact
Trustee "Trustee
Guardian or Conservator Guardian or Conservator
Other: Tot;;f thumb here
y Other: ,Tod o.tt,umb Rer$
Signer Is Representing: i Signer Is Representing:
� a
.=tip.`.. -, .- . . -. .®, .-. :�%_ ,�v�:;-::;-�:°"..n,�.'-��:;�.�:�:.-";�w-C: C:::��,��•`._. . .,-. _ .. `:
,0"545 uanonaiVyotan,•Assx`at,c,.•3238 4tmmlt Ave.p•'V-` 91309-7184
�."-»"=�„�.,y d�;r�;C`.'�,.'C•;w-::.�..��:v-,,;:
O.Sox 718s•Canoga Parx.CA 91309•`'Bu Prod.No.;907 Reorder Cad Tod-Fr"'-800.876.882'
PIZ.TNCIPL TITLE COMPANY S
Shapell lrit'1'u5',`les C Northern Firs American Title American
Calr ornia, A Division of Shapell Company of Reading, PA
100 North Milpitas Boulevard 1355 Willow Way 21650 Oxnard Street. Suite 760
Milpitas Concord Woodland Hills
CA 95035 CA CA 91367
Attn Sam Worden Attn: Cathy White Attn: Bond Department
408-946-9687 925-356-7025 919-713-2035
BOND NO. 929097454
PREI131ZJNI: $136.00
BOND AGAINST TAXES
KNOW ALL MEN BY THESE PRESENTS:
THAT Shapell Industries of Northern California,A Division of Shapell Industries, Inc as principal and
(Surety)_ a
_American Casualty Comany of Reading. PA a corporation
organized and existing under the Iaws of the State of PA and authorized to
transact surety business in California as surety are held and firmly bound unto the County of Contra Costa,
State of California, in the penal sum of Nineteen Thousand Four Hundred (Dollars Dollars
($ 19.400.00 ), to be paid to said County of Contra Costa,for the payment of which will and
truly be made, we and each of us bind ourselves, our heirs, executors,administrators and successors,jointly
and severally, fim-ly by these presents.
Seated with our Seals and dated this 26 day of July
1999
The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file
a map entitled Subdivision 8189 Falcon Bridge
and
covering a subdivision of a tract of land in said Cotutty of Contra Costa, and there are certain liens for taxes
and special assessments collected as taxes,against the said tract of land covered by said map,which taxes
and special assessments collected as taxes,are not as yet due or payable.
Shapell Industries of Northern
NOW, THEREFORE, if the said California,A Division of Shapell Industries,Inc shall pay all of taxes and
special assessments collected as taxes which are a hcn against said tract of land covered by said map, at the
Lime of the filing of said map of said tract,then this obligation shall be void and of no effect,otherwise it
shall remain in full force and effect. Shapell Industries of Northern
(Approved Stamp)
California,A Division oIM-1if hape11 Industries,Inc
r
By: `
" �- r ek W .cow Principal
(Attach Acknowledgement > std
by Principal) m etre an`01ualty Company of Reading, PA
(Attach Acknowledgement C,(
by Surety)
DATE: "� Pamela L. Stocks Surety
BOND REVIEWED AND APPROVED Attorney-in-Fact
CON CJ§TA COUNTY
By •`, '.
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,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania
corporation(heroin collectively 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
Pamela L. Stocks, Individually
of Sherman Oaks California
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,Baal and execute for and on their behalf bonds,
undertakings and other obligatory Instruments of similar nature
-1n Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments
ments 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 oonfinned.
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 Aribiass 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 23rd day of February 1999
CONTINENTAL CASUALTY COMPANY
dM�r`1e°' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
a rr n th' AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
PAY it,
c� SEAL t' �`
A04* t..1/60
gas'
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,as:
On this 23rd day of February 1999 before me personally name
Marvin J. Cashion,to me known,who,being by me duly sworn,did depose and say:that he resides to 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 s+d 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 oorporstions and that he signed his name thereto pursuant to Ilk*authority,and acknowledges same to
be the act and deed of said corporations.
0
PUSUC
My Commistsion Expires March 6,2000 Mary Jo Abel Notary Public
CERTIFICATE
1,Mary A. Ribikawskiis,Assistant Secretary 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 sat forth is stili in force,and further oorttfy that the By-Law and Resolution of th*Board of Directors of each corporation printed on the
reverse hereof are still in force. In testimony whereof 1 have hereunto subscribed my name and of od the seals of the said corporations
this 2 6 day of _ fly 192t}
CONTINENTAL CASUALTY COMPANY
s"iQ NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
JULY
£7 WX
Sf`,J�L 'C '( 'V .
'+ ca
Mary A. Ribikawskis Assistant Secretary
(Ray.10J119?}
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company.
"Article IX—Execution of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group
Vice President may,from time to time,appoint by written certificates 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 attornsys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors,the President or any Executive, Senior
or Group Vice President or the Board of Directors, may,at any time, revoke all power and authority previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seat of the Company may be
affixed 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
certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and
binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company.
"Article Vl- Execution of Obligations and Appointment of Attornay-in-Fact
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group
Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of
policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time
revoke all power and authority previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
`Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and
certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and
binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of 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,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,
undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective
certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach
the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attorney-in-Fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February,1993.
"RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of
the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors
on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile
to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the
Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or
undertaking to which it is attached,continue to be valid and binding on the Corporation."
......... .: :::::::::::::::::::::::::::::::::.,... __,......... _ ....... ......... __
State of CALIFORNIA
County of LCIS ANGELES
On July 26 , 1999 before me, Sandy Banner - Notary Public
Gate 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 persona) whose name(4 ishllr+ Subscribed to the within instrument and acknowledged to me that
Wshe/*M executed the same in bdsJher/tntc authorized capacityosva and that by itiiifJher/W66
signature(&) on the instrument the person(ffi), or the entity upon behalf of which the persona} acted,
executed the instrument.
—""— WITNE S my hand and official seal.
SANDY HANNER
Ccxnmtsslcxs 1► t t aEi "
Notary Public-Colt mic
I=MosinCounty SIGNATURE OF NOTARY
MY CorrtrTl Jul 2.2002
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
(x)
ATTORNEY-IN-FACT NUMBER OF PAGES
TRUSTEE(S)
(®) GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
-American Casualty Company
of Reading. Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�--�..=._t.. _ �_ -__s:tri,'_�'.�v_�_^��:':-s-S:'�y.._.,=�.".:'�s•-„^i.•'."`f�.'_^�`n:_'�=�.:_��"`��.".`�:_^_��!;�td:':�:.;_�_4"���:.=:Lea:.._^�_���.._"���."`ry..�__-..
A.
State of California
7
{
County~of Santa Clara
On qq!g before me. Linda A. Fluken. Notary Public
} Datli Name ana rtie of officer(a.g.,"Jane Doe,Notary Public”)
personally appeared Daniel W. Hancock
Namersi c'S,gnertsl
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
LINDA A.FLUKEN his/her/their signature(s) on the instrument the person(s),
III f COMMissiOn# 1159356 or the entity upon behalf of which the person(s) acted.
-ri Notary Putslie-California +
executed the instrument.
Santa Clara County
WComm.5pirmC)ct23,?Dp1 WITNESS my hand and official seal.
` Signature o Notary PUDItc
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document and couia prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Wages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual '
Corporate Officer = Corporate Officer
Title(s): Title(s):
Partner——_ Limited General Partner—v Limited = General
Attorney-in-Fact Attorney-in-Pact
= Trustee Trustee ,
Guardian or Conservator Guardian or Conservator a t
Other: T= 7� c.e, i Other: To _. -e
Signer Is representing: Signer Is Representing:
h
_ •.,�ti" .r, �. - ."<,�.;�.�i��i.`�.=.i;�':;�;;J' ; -. =��.�=s.�..�:""-.:,✓':.'--.'�<.'�!`•�.WCw=,�.'G�,`'-ri."--:.�:.�__�._�. �..w,..,�, i�,nti�-,,j,
Z"495 Nat onai Notary ASSociaijon•8236 Rerlme,Ave,PC Box 7184•Cancga Parx CA 91309.7184 Proe.No.5907 Reorder Can Toii•F•ee 1-900.876.682'
Tax Collector's OffIt.c � ��G1 William J. Pollacek
Contra L✓ v County Treasurer-"ax ColleC!c
625 Court Street Costa Joseph L.Martinez
Finance Building. Room 100 Assistant Tax Coke_-tor
P.0 Box 631 (�'T1ur"1t
Martinez California 04553-1280 County��l� Nancy a Webster
(925) 646.4122 Tax Collect ans Start Manager
(925,1 640-4135 FAX •, q,.
.. Joslyn Mitchell
4 Properly Tax Supervisor
^! E N`
iK..
Date: June 29, 1999
IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR
COLLECTION (R & T CODE 2608) THIS LETTER IS VOID.
This will certify that I have examined the map of the proposed subdivision entitled-,
Tract / MS # CITY T.R.A.
8189 SAN RAMON 66026
Parcel #: 222-010-008
and have determined from the official tax records that there are no unpaid County taxes
heretofore levied on the property included in the map.
The 1 ggt8-t ggg tax lien has been paid in full. Our estimate of the
1999-2000 tax lien, which became a lien on the first day of
Januar0999 is $19,400.00
This tracVW/ is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the
original principal to calculate a segregation is
The amount calculated is void 30 days from the date of this letter.
Subdivision bond must be presented to the County Tax Collector for review and
approval of adequacy of security prior to filing with the Clerk of the Board of
Supervisors.
WILLIAM J. POLLACEK,
Treasu/pW-Tax Coli for
By. -- —