HomeMy WebLinkAboutRESOLUTIONS - 10102006 - 2006-646 i
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 10. '-006 by the following rote:
AYES: Cilkema.Piepho.DeSaidnier. Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION-NO. 20061
SUBJECT: Approving the Second Extension of the Subdivision Agreement for Subdivision 96-
OS002. for project being developed by,Shapell htdustries of-Northern California, a
Division of Shapell Industries. Inc., Danville area. (District RD I
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The Public Works Director having recommended that he be authorized to execute the second
agreement extension which extends the Subdivision Agreement between Shapell Industries of
Northern California,a Division of Shapell Industries,Inc. and the Counts-for construction of certain
improvements in Subdivision 96-08002. in the Dani ill,- area, through March 26, ZOOS:
o APPROXL%I_ATE PERCENTAGE OF WORK COMPLETE: 100
o ANTICIPATED DATE OF COMPLETION: December 2006
o REASON FOR EXTENSION: Completion of warranty period.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
I hereby ce~ifv that this is a true and correct copy-of an action taker
G and entered on the nii=es of the Board of Supervisors on the date
Oriainatnr: €?z W: rK'.--I shoxrt.
Contact: L R
ATTESTED: (Y md�a�
°° P-=IEc'_; t =-CT == JOHN' CULLEN. Clerk of the Board of Supervisors and County '
--wanrr._v. Adminisra:or
F S.:iii- _Err_'.
A=:Sax'-_'c-de
Ars-tan C-Ite-L C_..,=° c[Rczz::_=.F a B�- _ .Deputy .
r=. _ _ _ / U
7'szenv AZ _16
Am P,s:eia L[,�ct
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RESOLUTION NO.2006:
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CONTRA COSTA COUNTY
SUBDIVSION AGREEMENT EXTENSION
Development Number: SD 96-08002
Developer: Shapell Industries of Northern California,a '.
Division of Shapell Industries,Inc.
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Original Agreement Date: March 26,2002
Second Extension New Termination Date: Barth 26,2008 I
Improvement Security
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Surety: American Casualty Company of Reading,PA
Bond No. (Date): 929206140 (February 21,2002)
I Security T-,'ne Securitv Amount
Cash: S 663440.00 (1% cash, 51,000 Min.)
Bond: S 986,634.00 (Performance) i
$3,322,000.00(Labor&'tlaterial) I
The Deve'oper and the Surery desire t:is Ag.'emer,:to be extended t u-cluga the above iate;and Contra Costa Coanty
and sa:d Surety herby—gr—it na lreviedge san....
Darcd: Da-.udl: Aug4st 29, 2006
FOR CONTRA COSTA CO JN TY DeJcloprr's'Kignature(s)
Maurice NF. Shiu,Public Works Director Ser—
By:
n � rr W
ry: �In...t.CP�� u ted� i
VAVt� lVoo'-
V + a
Dz"' ,ter�Sngriattrc(s)
RECOMMENDED FOR OVAL: („e�e
A into JJJ"f
13y: ll. a Printed �
(Engineeur g SlZvic D:vision)
100 N. Milpitas Blvd.. Milpitas. CA 95035
Ad-dress
American Casualtv Comaanv of Reading. Pennsvlvania
(.°VOTE: Developer's, Sure,7••'s and Financial Surety or _nanc a Institution
Institution's Signatures must be,'Votarited.) Camelback Road. Suite 500. Phoenix.AZ 85016
Aucr", l
frr i!nnro:•rt R•ar.-n!e Ger:-nithe Pnnrd
acts J ana:CrC i
Pamela L. Stocks, Attorney-in-Fact i
Printed '
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT j
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State of California
County of Santa Clara
On September 1, 2006. before me. Janice T. Kruse. Notary Public personally appeared
Robert D. Moore and Ken Cos knoxvn to me to be the persons whose name are
subscribed to the within instrument and acknoxiledsed 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. �
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JMICE L KRUSE WIT-NESS my hand and official seal.
Commission# 1597428
I, d Notary Public-Callfomia z
lAI Sotto Clara Canty
My Comm.Expires Aug 24.2009
_ _ _ _ _ _ _ _ - Sip-nature of Notary Public
Optional Information
Title or Type of Document: Subdivision Agreement Extension SD96-08002
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Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary- of
Shanell Industries.Inc. i
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State of California
County of Los Angeles
On August 29, 2006 before me. Sandy Hanner- Notary Public
Date NAME. TITLE OF OFFICER.. -JANE DOE. NOTARY PUBLIC'
personally appeared Pamela L. StocksNAME(S) OF SIGNER(S)
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(X) personally known to me – OR – (!) proved to me on the basis of satisfactory evidence to be
the person(s) whose name( is/*m subscribed to the within instrument and acknowledged to me that
he/she/#W executed the same in Ns/her/ftxair authorized capacitypes), and that by kwher/wAu
signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESmy hand and official eal. I
SANDY KANNEER
comMWW a 1672602 L3a /,
Notary f -CaNdMIG S SIGNATURE OF NOTARY
MY comm. JW 2,2010 OPTIONAL
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
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TITLE(S) TITLE OR TYPE OF DOCUMENT
(_)
PARTNER(S) (_) LIMITED
(—) GENERAL j
NUMBER OF PAGES i
( x } ATTORNEY-(N-FACT
(_) TRUSTEE(S)
(—) GUARDIAN/CONSERVATOR
(_) OTHER
DATE OF DOCUMENT i
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES))
American Casualty Company of Reading, I�ennsylvania
SIGNER(S) OTHER THAN NAMED ABOVE
G-107426.8
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Recorded at the request of: STEPHEN L, WEIR. werK-Keeoraer
'` DOC— 2006-0330972-00
Return,to: Wednesday, OCT 18, 2006 15:04:03
Pj_Sc'::.:k,D a: _-r FRE $0.00
E7.2 ez: ._Scn'tas0:�:::0: Tt1 Pd $0.00 Nbr-0003441945
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lrc/R9/1-15
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 10. '_006 by the following rote:
AYES: Cilkema.Piepho. DeSaulnier.Glo-,er and Gioia �
NOES: None
ABSENT: None
ABSTAIN: None i
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- RESOLUTIO\ NO. 200611 ��►��
SUBJECT: Accepting completion of improvements, approving a substitute Subdivision
areement, and declaring Curtis Court and Camino Andres widening as county
roads. Subdivision 9-1-0 1.i, for project being developed by Bay- Point Partners i
LLC. Bav Point area. (District V)
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These improvements are approximately-located near the intersection of Willow Pass Road j
and Port Chicano Highway.
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The Public Works Director has notified this Board that the improvements in Subdivision 92-
0"13 have been completed as provided in the Subdivision :agreement with Affinity- Land and
Construction Company-.Inc.,heretofore approved by this Board in conjunction with the filing of the
Subdivision-Map.
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I hereby- certify- that this is a true and correct copy of an
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""•'d b.° pk,1db'C• "`'°esr.rd action taken and entered on the minutes of the Board of
:D Z=---
": _ __ Supervisors on the date sho«n.
= ° ATTESTED: Tp / i
"PCz� JOHN CL-L.LE\. Clerk of the Board of Super-visors and
C2?-c_A
=;-: =E County administrator
z:,---R.zze -
Y._ CAF
J z. ._
_=_-_- Deputy
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A.— .c.Cc::-:a:ys}cer._-c-.
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RESOLUTION NO.2006;`
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SUBJECT: Accepting completion of improvements, approving a substitute Subdivision
Agreement, and declaring Curtis Court and Camino Andres widening as county•
roads. Subdivision 92-0"1_. for project being developed by Bay Point Partners
LLC. Bay Point area. (District V)
DATE: October 10. 2006
PAGE: 2
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NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of October 10. 2006 thereby establishing the six-month terminal period for the filing of liens in
case of action under said Subdivision Agreement:
DATE OF AGREEMENT SURETY
Jul-20_. 2004 American Contractors Indemnity-Co. i
BE IT FURTHER RESOLVED the payment (labor and materials) surety for S 129.800.00. i
Bond No.22'082 issued bvthe above suretvbe RETAINED for the six month lien guarantee period
until April 10. 200?, at which time the Clerk of the Board is AUTHORIZED to release the surety �
less the amount of anv claims on file.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
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established.
The Public Works Department having also notified this Board that these improvements have
been completed with the exception of minor deficiencies. for which a substitute Subdivision
Agreement with Bay Point Partners LLC was presented for Board approval to insure correction of
punch list items and application ofreclamite.
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Said document was accompanied by the following:
a. Cash deposit(Auditor's Deposit Permit\o. 1203045. dated August 24.2006)in the
amount of 51.000.00. made by Bar•Point Partners LLC. I
b. Additional security in the form of a Letter of Credit dated September S. 2006 and
issued by Diablo Valley Bank (Letter of Credit No. 101 1) with Bay Point Partners
LLC as principal. in the amount of S19.000.00 for faithful performance and
S 10.000.00 for labor and materials.
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NOW THEREFORE BE IT RESOLVED that said substitute Subdivision Agreement is
APPROVED.
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RESOLUTION 1"O. 20061 6 44S- i
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SUBJECT: Accepting completion of improvements, approving a substitute Subdivision
Agreement, and declaring Curtis Court and Camino Andres widening as county
roads. Subdivision 92-07713, for project being developed by Bay Point Partners
LLC, Bay Point area. (District V)
DATE: October 10. 2006
PAGE: 3
BE IT FURTHER RESOLVED that the Subdivision Agreement with Affinity Land and
Construction Company Inc.. as approved by the Board on July 20. 2004, is TERML\ATED, the
improvement securitybond with American Contractors Indemnity Company is EXONERATED and
the Public Works Director is AUTHORIZED to refund the cash deposit(.auditor's Deposit Permit i
No. 4272$4, dated June 30, 200=2) in the amount of$_1,596.00, plus interest in accordance with
Government Code Section 53079,if appropriate,to Affinity Land and Construction Company,Inc.
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BE IT FURTHER RESOLVED that Curtis Court the hereinafter described road, as shown �
and dedicated for public use on the Subdivision NIap of Subdivision 92-0.. 13 filed August 4.2004,
in Book 467 of maps at Page 9. Official Records of Contra Costa County. State of California. is
ACCEPTED and DECLARED to be a County road.
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Road Name Road-R`W Widths Road No. System Lengths Miles)
Curtis Court51-' 5385C2 NIU .06
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BE IT FURTHER RESOLVED that the w idenina of Camino Andres is ACCEPTED and
DECLARED to be a County road:the right-of-way_ was conveyed by separate instrument,recorded
on August 4. 2004. in Book 467 of Maps on Page 9. �
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RESOLUTION_NO• 2006/ f
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VIA-.
---w;'.the aad.aty,SLComoor guam-som payrrnn;joeta-ontranw.m:5 SuecCn'rdG•atC ane to 04'rerG m'trg 9Capme".t Cr IUTISRI'Ig Mar C',ratsnas torr-ar m'J'a �
suadmcer.
-iron accealance el Me Wort as C".819 by the Board al Suaelvacrs and upon ramrest&SutdMee•,'Pe a7ewts held as secndy may be redured in anzaearm wan
Saeeals 9"AD6 and 9"AD8 of the OnTflaua Gane.
A C:UARANI¢E AND WARRA 7`f OF WORK.SU M orguarerwas 1Rat t w ware shall be fres iron:aarevis r..fnemn orwa!tmanshm and"!W.om se&=niy`.o•a
Wall ofone(1)year(ro'•ta-aaleart196cordofBJpaMeataecoepnTewokaSCOMMIS -111000-da10w„rArgds NAS,"Acreparce,•Cf"Orolnance,Coce.8Lodular69'e0S%
mraG repak.or rePaco.at Subdmder's expense,any d&—b In said Want
he guarantee Oar 7d cues rC copy to load inspgvdnerc tar Private toads Ta are not 5 be aoQoted hw Na County road Syaterr.
S. t!Ah'T`STASUSH11c?Ii WORN Sold plant wilaPsnheeirtwtxtahaf
c raisraf adegaate.y wwletrg plane,m7laota imuiabls Warts,ddng w sed,mdartand anon past canto andryJwaaxtndeterrryrnetl byfhe Pune wades DBwwrawl12 oe rteratmeI
man sure eetab:isrmem ed elects. Sale c"edaMlshmerxarort spall to parto ea tar a woo Of one(1)yearfmm and allertes Boar(of Superruwrs acceels Lie Warta tnmpiew.
6 IMPROVEUEV'P'JIN WARRANTY.Sudderawwersnte the imdtcvemert gldm:crft Work are mWiatetpaacmrt�h the Worias arcm*od in Seton 2 one as require
Dy TeCardtmsofAppmulfor,eSuttdlnsioa 1(.d.IN#mebftB2jeBoom ofSup"viowsacmaestoWork aswnvietaorduflMthe amyeargt_terenteedeaoo.sadmt:ovemetr. ,
Dlenx prove U he'reaequate h cry rceoec4 SLtdNrdersha�mage wreteve•MartgeE ate neoasaary fo 9artmosn are Wcdc ea dmmtxc. i
7. NO WAIVER By COUNTY-. MSP=*Iddid WOMSadtarrnowrw5.werMovalafthe Work an=andisinorstitialrenttry any alkef.Kerr oreT.ppyadd:heCarq
ldttaa*MeWomor" thereguparenaof6tisAgleetnem.ores:caPmnceofthewnokoreny,
aathnaum Brag ofdteasags,ran p0!reruavepla altttMdard J6 tlplgatkn A Nftl T@ Agrsamenas pry;rlorara"eta County ba atereby Skpped Spm urging e.y eeEar fa
eamegeS rang from the fafsre tet mmgywiyt any otlhe term ata condfddrs ne'eo:.
I INDEMN: Y. Subdr:e area dalaltC.^tea tar.a atW tldEtratay iha mc"tnn l es fro"I Te Catl.Ees as tlB�rod la 9tls tom:
A. Tra e-n: asrelaaOera cmuicaaayvia won:area'elheCounty and its speciatdaaldis.sedhisand sopandvemats-tsmmesors,a!'aea.agensam
:-yayees
B The.lafl les miacmd agartat am apy lla tty dr eiatn for damage at any Katt alegedy pined,incurmc or tirestarted boom of adore mt6ted Dante,ant
yrue!rtc persona:mfury.door,WWI%/Omage.ytDaMcawamnodim.eronycoWne lar el than.arra mgardtesscfwhEferoraotsuc, gaG'fip'.catmorcanage vM urtdresecob•
s[eery oma hecro Cc�my rsvaw+m sea tmOrnvementpterx aracrspmdthe Wet as carrp;ale,and wdudhng aaaeieree CFay su:l(s),andiph(s),or othN proueedirnp)nyl:astnalg 9111:
:ahildes and-.aim
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C. The actions musino niahehv arra any act or amsamn(neg`Vert c-norvnegtiperg h wnnedon win the maders cove-ad by this Agrearerr and r.ftftha t
Subdmds,w t MV.subcontamo-,or any,officer,agcy,orenooyee of one ar mare of men.
.7. Iyen4".1011-or5.lI1BC'aNDSaa11C tllhrsxcw.�a•vm.rw,.,. Ordeaepde�'tptl_y!_r arnotapyitdamnasehas Fr@afiRd,T.Ippted,CEFp'aVaO
Sly ptenlslarsoai5BUans
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California
ss.
County of f�"'�-F�`:.!���-
On r-:_ before me,
- 1a°E ffii :a,e and Ttic_l .!5iar;e 7 --an=D_s '._:ar,
personally appeared ^-L_ U✓%/IUC�/ Ep�
personally known to me
- 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
heishe'they executed the same in his/her:the€r
- _ _ _ _ , _ _ , _ _ _ authorized capacity(ies). and that by his hertneir
CIINL UEMIEILMIA signature(s) on the instrument the person(s). or the
�
�° ^0 1647a entity upon behalf of which the person(s'i acted.
CaRmft executed the instrument.C
AftMeft arty
My Corrin.�MN23.2a14
a - - - - - - - - - - - - -
WITNEESSS�my.hand and official al. I
OPTIONAL
Tnou-r.Me Cn'ormavon oeiovv:s no.rea;;.e5 bV Ear+- /..'nay rrcve valuabie to persons rervirg on the doc men:
ann ..� i r!t(r -Fent u. and r^nr Rm^..' F ��[.T rQ h ^umenr
cow orale. auxu. r 'novai an ea acnme, o: this: a^Or.er do„
Description of Attached Document _
Titie or Type of Document C
Document Date: Je F /�� L Number of Paces: ?
Signer:._sOtnerTran Named Above: �uf G r�1
Capacity(ies) Cla' ed by Signer(s)
Signer's Name: fLLv'' Signer's Name:
- In6viouai - Individuai i
Co-;)orate Officer—Titleis): - Corporate Office;—Title st:
- Par;rer—- Limned - General Pa-ner—_ Lirnireo _ General
- Attorney in Pact - -_-_---__-_- Afforney in Fac.
- Trustee Trustee
- Guardia- or Corservaio- I - Guardian or Conservator i
Otner: /i;Irl < /f✓F 1) _ - Otner:
!'1�lc�ti�7
Sicner. Is Represe^tine: ,+ Signer Is Representing:
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--r r_,. .n rJ:,`:�- -'G(.t.:7Gf��`C;;-�.� C�� -G.(�r�[�C-J�rL'Ll7E�-A:c:L,`GC�.'r1.�•�-�"
�;'- C�_.(,;••. ::_Clv�%C7L(v.�.l:.--- :vCs�C.'."_r .C- - �C�—"C:v✓. v'Li. G -�C-%(.- _
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Sate o California
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Counttyl of
On N.7 before me.
personally appeared _ UIz r�► r U 111 5 � l U
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personally known to me
(or proved to me on the basis of satisfactory evidence
to be the persontii)whose name(-%is'am subscribed to the
within instrument and acKnowledged :o me that
CJINOLfM 1VNAR16
he:s executed the same in his,4%*.4„eR authorized
Cn - , 01606W capacity(+es). and that by his4;�, ' icinature4ij on the
wmloArh -Cangn�o I instrument the personNi. or the entity upon behalf of
C'a1reComoay4 which the person(s�acted. executed the instrument.
woalnRelaM•�+na�. I
' WITNESS my hand and official seal.
OPTIONAL JT-cuj
✓ B "c s - v e -h- a• rna' -c c ab _$- . a ^- - e do_—_Ment
Description of Attached Dg"ment 1
Tile or Type of Docume-t: �-rC4 42,/0 C,/+ e ��v �4Xtf� !J� �,� I
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Goc:.•mer•: Date: NCTDe'a; Paces:
Sione'is; O'he-Tha^ Narnea Aoove: _I
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Capacity(ies) Claipied by Sig er(s) ! i
Sianer's Name: - - t5 DkIl ( i: ;,n < 1 0�_ l Signer's Name:
Indlviaua' _ — — = Individual
CCWrate Off Icer — Ti,e{5::C h rl tc171 mYl _ "o-oorate Off icer — Tii e!s
/ C h
z1aR^er — _ Limitec _ Ge--neral 4�. rsr-:u — haftne' — _ �imltec _ Gene-al .::-ra�.:. �s�o-a■
AMrrev in Fac: Atto'nev in Fact �•:� "r:ua
Trstee =T,-stee
U::ardlan cr Conserva-or _Guarcia^ yr Ca^Se^Jaffar
Othe-: -Other-
1z^ner
ther:r^^er Is Reoresen'i-tc: Sia:ier Is Reoresenn-c:
t�y%r`'b 10 Vr1' ►Icy V
/..r�/y�.Y•-a%M :a-.L= -am.�vv.M�/v�rvW�ry-�lvrY�ti-_-/.i=MMrvY=Vv-ry f�+vvv-�/v�.ir�+.i�NrvY-tir`=M1.WvM1i-�Y- vM1i-=hvYvY-+�i�'vW7rv�
D .: B
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Diablo Valley Bank I
IRREVOCABLE STANDBY LETTER OF CREDIT
Letter of Credit*1017 i
September 8, 2006
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Beneficiary: Applicant: i
Board of Supervisors Cravings Investors. Inc.
Contra Costa County 2862 Victoria Ridge Court
Administration Building Pleasanton, CA 94566
Martinez,CA 94553
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Amount:529.000.00 i
Re: Instrument of Credit delivered as Improvements Security: Combined Performance
and Labor&Materials Security(Contra Costa County Ordinance Code Sections i
94-4.406 and 94-4.408)
Dear Board:
Diablo Valley Bank. a financial institution,subject to regulation by the State of California or the
Federal Government of the United States of America,delivers to Contra Costa County this I
instrument of credit as security for certain improvements in accordance with the Subdivision
agreement for SD 7713, and referred to herein and by this reference made a part hereof,subject to
the following conditions: I
1. We pledge that we hold and will hold on deposit the sum of 529,000.00 as trust funds
guaranteed for payment to Contra Costa County(or successor city)to secure Bay Point Partners,
LLC's(hereinafter referred to as"Principal')faithful performance of the subdivision agreement
executed by Principal and Contra Costa County for Subdivision 7713 for the commencement and
construction of work and improvements as described in said subdivision agreement and the
Subdivision Ordinance of Contra Costa County. I
We will so hold this sum until the commencement.completion and written acceptance by
the Contra Costa County Board of Supervisors of all work and improvements under said I
subdivision agreement. Prior to said acceptance, upon demand by Contra Costa County
(or successor city),the whole or any portion of said funds shall be paid forthwith to the
County for successor city)for use toward the commencement and completion of the work
and improvement as it sees fit.
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Diablo Valley Bank
Irrevocable Letter of Credit*1017
September 8.2006
Page 2
2. Upon written acceptance by the County Board of Supervisors(or successor city)of all work and
improvements under said agreement as complete, S19,000.00 of the funds held in trust in
accordance with Section 1 shall be released.
3. We further pledge that we similarly hold the additional sum of$10,000.00 on deposit as trust
funds guaranteed for payment to any contractor, his subcontractors,and to any and all persons,
companies or corporations furnishing labor or materials or services; or renting equipment to the
Principal or the contractors or his subcontractors for the performance of said agreement;and for
amounts due under the Unemployment Insurance Act with respect to such work or labor. After
passage of the time within which claims of lien are required to be recorded pursuant to Article 3
(commencing with Section 3114)of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Cod and i
after written acceptance by Contra Costa County(or successor city)that all work and
improvements under said agreement are complete, this sum may be reduced to an amount not
less than the total claimed by all claimants for whom claims of lien have been recorded and notice
thereof given in writing to the Contra Costa County Board of Supervisors, and if no such claims
have been recorded,the sum may be released in full.
It is hereby agreed that the obligation set forth in Paragraph 3 shall inure to the benefits of any and
all person, companies, and corporations entitled to file claims under Title 15(commencing with
Section 3082)of Part 4 of Division 3 of the Civil Code,as to give a right of action to them or their
assigns in any suit brought.
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4. No alteration of said agreement,or of any plans or specification of said work,agreed to by
Contra Costa County and Principal,shall relieve us from liability on this Letter of Credit. We
hereby give consent for any such alterations to be made without further notice to or consent by us.
We hereby hold ourselves bound without regard to and independently of any action against
Principal whenever taken. We further agree that if Contra Costa County sues on this Letter of
Credit,we will pay,in addition to the face value of this Letter, all reasonable costs,expenses and
attorney fees incurred by it 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 judgment therein rendered. i
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FDIC
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Diablo Vallev Bank
Irrevocable Letter of Credit 1017
September 8, 2006 i
Page 3
This instrument of credit is irrevocable. ►
Except so far as otherwise expressly stated, this credit is subject to the Uniform Customs and
Practice for Documentary Credits (1993 Revision) of the International Chamber of Commerce
Publication 500. i
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Financial Institution: Subdivider.Principal:
I swear under penalty of perjury that I The undersigned hereby agrees to
have authority to bind the above name all the terms and conditions set i
Financial institution to the terms of this forth and releases the financial
Letter of Credit. Institution executing this letter I
Of credit from all liability except I
As herein specifically set forth. ;
Executed at ! "� Executed at Ue-,n-540 f
California, on w California,on S6T,
Diablo Valley Bank By: Paul Winkler, Managing Member I
By: 'lit
Joh 6unslow�Ch�fnaAr` Signature
of AdkRistrative Officer
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iDIC -
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Authorizing By-Laws and Resolutions
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ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Poser of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Director of the
Company. -
"Article IR—Execution of Documents I
Section 3. Appointment of Atomey-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 attomeys-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 ansuch instruments and to attach the
seal of the Company thererto. 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 1"day of February, 1993.
"Resoked,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 Article IX of the By-Laws, and the signature of the Secretary or an Assistant i
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.
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ADOPTED BY THE BOARD OF DIRECTORS OF At1ERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
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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 VI---Execution of Obligations and Appointment of Attorney-In-Fact i
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 attomeys-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 poser 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 I
Company at a meeting duly called and held on the 1'"day of February,1993. - -
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"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 poser of attorney granted pursuant to Section 2 of Article V1 of the By-Laws, and the signature of the Secretary or as Assisar:t i
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such poser 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: �
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This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Director of the
Company.
"Article VII—Execution of Documents
Section 3. Appointment of Attomey-in-Fact" The Chairman of the Board of Directors, the President of any Executive or Senior bice 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 Chairman of the Board of Directors, the President or any Executive,Senior Vice President or the Board of Directors,may,at any time,
revoke all power and authority previously given to any attomey-im-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 Director of the
Company at a meeting duly called and held on the 1'-day of February, 1993.
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"RESOLV"ED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the i
Corporation may be affixed by facsimile on any poser of attorney granted pursuant to the Resolution adopted by this Board of Directors on Febmary 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.— -
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know all Men By These Presents,That Continental Casualty Company,an I:linois 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 corporation having their principal offices in the City of Chicago,and Stare of Illinois,and that they do by virtue of the I
signatures and seals herein affixed hereby make,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Harmer,Gina O'Shea,Individually
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of Sherman Oaks,CA,their true and lawful Attomeyfs)-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
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-In Unlimited amounts- I
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and to bind them thereby as fully and to the same extent as if such instruments were siened 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- i
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. i
In Witness Whereof.the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be I
hereto affixed on this I Oth day of March,2006. �
r,AS kT wsueq Continental Casualty Company
o°"°O""rE ,tk' National Fire Insurance Company of Hartford i
American Casualty Company of Reading,Pennsylvania
ZO • 2 � � s rULY 71. � -
u SEAL `sem
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1897 MAlr�O� •
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: I
that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualt}•Company,an Illinois corporation, �
National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading.Pennsylvania,a Pennsy:vania
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. I
'OFFICIAL SEAL•
MARIA M.MEDWA -
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c.StN•of 5101
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6Famne4.Cian r•pia]/1610/: -
My Commission Expires March 15,2009 Maria 11. Medina Notary Public I
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CERTIFICATE
I,Mary A.Ribikaw•skis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,Rational Fire Insurance Company of
Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certih 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 I
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 corporation this
29th day of August 2006 .
GAsu�4r tnstrR Continental Casualty Company
q�� fiM National Fire Insurance Company of Hartford
GOAPO k`re a, 5 krc a+arfn American Casualty Company of Reading,Pennsylvania 1
� vy 3g
u SEAL
teat Q` IMtRf '•r • dk' \����� (,,C„
Mary A.RIbika&is Assistant Secretary I
Form F6853-11,12001
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