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Home My WebLink AboutRESOLUTIONS - 10032006 - 2006-620 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 3, 2006 by the following vote: AYES: Uilkema, Piepho,DeSaulnier, and Gioia NOES: ABSENT: Glover ABSTAIN: RESOLUTION NO. 2006/ SUBJECT: Approving the Road Improvement Agreement for Dougherty Road,Road Acceptance 06-01208 (cross-reference Subdivision 04-08856), being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District 111) The following document was presented for Board approval for Dougherty Road, Road Acceptance file 06-1208(cross-reference Subdivision 04-08856)property located in the San Ramon (Dougherty Valley) area, Supervisorial District III. A Road Improvement Agreement with Shapell Homes,a Division of Shapell Industries,Inc., a Delaware Corp.,principal,whereby said principal agrees to complete all improvements,as required in said road improvement agreement, within two years from the date of said agreement. Improvements generally consist of a new road alignment and bridge construction. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action LL:vz taken and entered on the minutes of the Board of Supervisors G:\EngSvcWV006110-03aA 06-1208 B0-15.doc on the date shown. Originator: Public Works(ES) Contact: T.Ric(313-2363) cc: Public Works- Construction ATTESTED: o A :�:/o c Current Planning,Community Development JOHN CULLEN, Cherk of the Board of Supervisors and T—August 3,2008 Shapell Homes County Administrator 100 Milpitas Blvd Milpitas,CA 95035 l Attn:Sam Worden National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 B , Deputy Phoenix,AZ 85016 Atm:Pamela Stocks RESOLUTION NO.2006/ SUBJECT: Approving the Road Improvement Agreement for Dougherty Road, Road Acceptance 06-01208 (cross-reference Subdivision 04-08856), being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) DATE: October 3, 2006 PAGE: 2 I. Cash Bond Performance Amount: 112,900.00 Auditor's Deposit Permit No. DP 468993 Date: August 16, 2006 Submitted by: Shapell Homes Taxpayer identification number: 95-2578030 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929390933 August 3, 2006 Performance Amount: $11,172.500.00 Labor& Materials Amount: $5,642,700.00 Principal: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. i COUNTY OF CONTRA COSTA DEPOSIT PERMIT a OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA 4 TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650 {For Cash Collection Procedures See County Administrator's Bulletin DESCRIPTION FUNDIORG SUB I TASK OPTION ACTIVITY AMOUNT ACCT Sales Tax 100300 0637 1 Sale of Plans & Specs 004500 9931 REV 6A0196 16 Flood Plain Mgmt Ord 004542 3 Corner Records 3975-3987 000651 9660 REV 6LO88D 130 VR04-01131 BA 28680 003520 5BO44X 141 VR04-01141 BA 28813 111 12. SD00-08458 BA 14562 5B0033 34, OP05-03094 BA 31326 1 5B0014 51. DP05-03093 BA 31324 60. MS05-00042 BA 31102 5B0034 141. RA06-01216 BA 32495 000651 6LO85G 827. Z106-11224 BA 31898 003520 5B060C 117. INV 912269 & 912270 000330 9895 6W9C07 5,731. AN DA 55 007579 9140 385,030. AN DA 56 007566 241,067. Inv 910942 004660 9755 REV 6L4499 3,065. TOTAL $ Acctng: G1202614-13120641 DEPOSIT 998,540. Deposit consists of the following items Eng Svcs:G1203157-G1203168 COIN and CURRENCY $ 4. Invoices: 912269,912270,910942, BA'S 28680,28813,14562, 31326,31324, '`CHECKS,M.o.,ETC. $ 998,535., 31102, 32495, 31898, BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT NUMBER DATE -,`-i•ta!'�. t_'k-" I i''1111s_-4 ASSIGNED Q The amount of money described above is for Treasurer's receipt of above amount is Receipt of abo amount is hereby acknowledged .deposit into the County Treasury g;ed x __s� " ;Date_/ ( / Signed Will 11 0 ��--r�`3?."`"�- Signed Title: ' 1 j ... :I EXTer/ ty Auditor Deputy County Treasurer J�; a� ES, 3j, 5 F73 c: �7 s'o ;pn iCOUNTY OF CONTRA COSTA DEPOSIT PERMIT ._ . OFFICE OF COUNTY AUDITOR-CONTROLLER ,I ` MARTINEZ,CALIFORNIA TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650 70rganization� (For Cash Collection Procedures See County Administrator's Bul)etir DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT RA 00-01094 Agmt Ext 000651 9660 REV 6LO76B 500 RA 1208 Monument Ck Fee 6LO810 1,080 Light Fee 007475 9895 1,200 MS 04-0024 Overages 000651 9660 REV 6L0069 12,677 Trust Fund 819800 0800 112,900 000649 9665 233,750', EXPLANATION: TOTAL $ DEPOSIT C.C.: Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY,, DEPOSIT PERMIT DP li-(� �� 'j NUMBER Q DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged. deposit into the County Treasury r ( �� r Slgried , ;, ,r� I vt Date ky , -- Signed: �, l V 1 t � 1 g1` - -`._`' �,. Signed. I , ... ..-._.. .. -... Titlei ( i ;,,�. EXT. jig -'i` "I Cepu1 Count Auditor Oe of Count Treasurer D-34 Rev (7-93), - `✓ 0649-9665 /112300: G1202632, $5661.67, MS O4-0024, Plan Check, Aliquot Engineers, 1390 South Main St., Suite 310, Walnut Creek, CA 94596 0649-9665 /112300: &1202633, $5.489.20, LP 03-2024, Improvement Plan Check, Calvary Community Church, PO Box 1478, Brentwood, CA 94513 0649-9665 /112300: &1202634, $10,000.00, SD8950, Street Vacation, Avalon Bay Communities, Inc, Pleasant Hill Transit Village, Agent for Assoc., 2900 Eisenhower Dr., Alendria, VA 22314 0649-9665 /112300: G1202635, $1,000.00, 51) 92-07713, Inspection, Bay Point Partners,LLC, 2862 Victoria Ridge Court, Pleasanton, CA 94566 0649-9665 /112300: G1202636, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 $50,000.00, Plan Check Fee $150,000.00, Inspection Fee 0649-9665 /112300: G1202637, $3,000.00, Flood Control Fee for Service 06-00074, Emmanuel Baptist Church, 55 East 15th Street, Antioch, CA 94509 0649-9665 /112300: G1202639, $1,600.00, M5 04-0024, Parcel Map Check, Paul Majoulet c/o Muir Lance Assoc, LLC, 4032 Bay Street, Fremont, CA 94538 0649-9665 /112300: G1202641, $7,000.00, FS 600075, Fee for Service, Brian Leegwater, InfraNext, Inc., 2927 DeLaVina St., Santa Barbara, CA 93105 819800-0800: G1202640, $ 112,900.00, RA 1208, Cash Bond, Shapeli Emio 100 N. Milpitas Blvd., Milpitas, CA 95035 r-^-----.�"'_" by Bond No.: 929 390 933 Development: RA 06-01208 fx-ref SUB8856) Premium: $83,794.00 Gale Ranch Phase IV IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499,10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along RA 06-01208 (x-ref SUB8856) to complete said work within the time specified for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings. 2. OBLIGATION: Shapell Homes,-a-Division of Shapell Industries, Inc., a Delaware Corp. as Principal and National Fire Insurance Company of Hartford a corporation organized tinder the laws of the State of , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: Eleven Million One.Hundred Seventy-Two Thousand Five Hundred and 00/100 Dollars ($ 11,172,500.00 )for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: Five Million Six Hundred Forty-Two Thousand Seven Hundred and 00/100 Dollars ($ 5,642,700.00 )to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. CONDITION: A. The Condition ofthis obligation as to Section(2.A.)above is such that i8the,abovebonded-Prihcipal, or principal's heirs,executors, administrators, successors or.assigns;shall ip all things stand to and abide by and well and truly keep and perform the covenants,conditions and provision's in the said agreement and any alteration thereof made 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. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 10th day of March,2006. cAsut�rContinental Casualty Company gq National Fire Insurance Company of Hartford 00+PO1UrF n �Mc�►oRarFo ;a American Casualty Company of Reading,Pennsylvania i � $ rutr 11, gi SEAL c Isoza 1897 NARK • Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss On this 10th day of March,2006,before me personally came Thomas P.Stillman to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. j -OFFICIAL SEAL' MARIA M.MEDNA ; / ►, / (`�•,/,t (\J�/t /) • Nary Passion Ex*M ns,•b • '/�/I �W�'^v ' •L• • ` LIV/ MY Camps•im E•pia 3116109 i My Commission Expires March 15,2009 Maria M. Medina Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 3rd dayof August 2006 GAS u�tr WASUR Continental Casualty Company 4 ,� National Fire Insurance Company of Hartford i= coRPaR�re �wG�►a+atro American Casualty Company of Reading,Pennsylvania g lutr n. u SEAL < e not 1897 11A0 • Mary A.qikai6kis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On August 3 2006 before me, Sandy Hanner- Notary Public Dare NAME. TITLE OF OFFICER.. 'JANE DOE. NOTARY PUBLIC' personally appeared Pamela L. Stocks NAMES) OF SIGNER(S) (x) personally known to me— OR — (—..-) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/she/RW executed the same in Us/her/flair authorized capacity(ies), and that by his/herl#re r signature(s) on the instrument the person(&), or the entity upon behalf of which the person($) acted, executed the instrument. WITNESS y hand and official sal. SANDY HANWR 11, _ Corry WIon# 1612602 T �'4 Notary"u -- -Coufornla _ / SIGNA RE OF NOTARY Loa AM"County carm .aa 2.201 0OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the documen and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (_) INDIVIDUAL (_) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (_ ) PARTNER(S) (_) LIMITED (_) GENERAL NUMBER OF PAGES ( x ATTORNEY-IN-FACT (_) TRUSTEE(S) (_} GUARDIAN/CONSERVATOR (.j OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES1) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT 3 State of California County of Santa Clara On August 8,2006, before me, Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. JANtCE T.KRUSE WITNESS my hand and official seal. _ Commisalon# 1597428 ^ 1 Notary Public-California Santa Clara County eaycomm.Fxp mAugz4,2 Si nature of Notary Public Optional Information Title or Type of Document: Improvement Bond 929390933, Tract 8856 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shavell Industries, Inc. SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and §66463) Subdivision: RA 05-01193 (x-ref Sub7984) Effective Date: Subdivider: Shape[[ Homes, a Division of Shape[[ Completion Period: 2 year Industries Inc., a Delaware Corp. THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works Director AA Bt y: � J-"^'l.^ D `�"�' — vim-- (signature) (print name&title) r✓C' 1312-1oGc<_ RECOMMENDED FOR APPROVAL: p2Esip�^f By; (signature)\ � 4z Engineering Services Division (print name&tine) FORM APPROVED: Victor J. 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§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County;'and the above-mentioned Subdivider,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§§66410 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 requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code, provide as security to the County: A. For Performance and Guarantee: $ 1,000.00 cash, plus additional security, in the amount of$55.100.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. XX Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance underthis Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 28.100.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of; Cash, certified check,or cashier's check XX 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§94-4.406 and§94-4.408 of the Ordinance Code. r 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-yearfrom 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. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 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 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 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. 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),orother proceeding(s)concerning said liabilities and claims. j I C. The actions causing liability are any act oromission(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 orwillful 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. SURVEYS. 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 charges 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. INCORPORATION/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. HADesktop\Projects\RA 1193 The Plaza\Shapell Landscape Improvement Agreement RA 1193.doc AG-30 Rev.May 18,2001 YV/WWV CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On August 17, 2006 before me, Janice T. Kruse,Notary Public personally appeared, J.C. Truebridge & Ken Cox personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. JANICE 1:XRUSE WITNESS my hand and official seal. CommWalon#1597428 Notary Public-Calltomla �} Santa Clara County MyCnmm.Eupiraslwg2a,2 ign tore of Notary Public Optional Information Title or Type of Document: Subdivision Agreement- Landscaping RA-05-01193, Tract 7984 Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of Shavell Industries,Inc. WVVWYV