HomeMy WebLinkAboutMINUTES - 08171999 - C16-C20 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order or.Angst 1 7, 1999 by the following vote:
AYES- SP ? SS3A, . GERK—M. , Al RISALIA
NOES
ABSENT: MONT
ABSTAIN �
SOLUTION O.: 99/408
SUBJECT- Approval of Subdivision Agreement (dight of Way Landscaping) for SUB 5254,
Dougherty Valley area.
The following document was presented for Board approval this date for, SIS. 8254 located
in the area.
A Subdivision Agreement(Right of Way Landscaping)with Shapell Industries ofNorthe
California, developer, whereby said developer agrees to complete all improvements as required in
said Subdivision Agreetment (Right of Way Landscaping) within one year fird the date of said
agreement. in.proveme ats generally consist of landscaping.
Said docurnent was accompanied by the following:
Security t0 guarantee the completion of right ofway'andscap ng 1p. rove e .ts as required
by Title 8 and.9 of the County Ordinance wade, as follows:
1. Cash Deposit
Deposit Amount: $6,379.00
Deposit made by: Shapell Industries of Northern California.
Auditor's Deposit Permit No. and Date: DP#335763, July 30, 1999
II. Surety Bond
Bond Company: American Casualty Company of heading,PA
Bond Dumber and Date: 190723728, July 279 1999
Performance Amount: $631,521.00
Labor &Materials Amount: $315,750.06
Principal: Shapell Industries€af"° orthern California
'RESOLU IOIN' 0. : 99/408
SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for SUB 8254,
Dougherty Valley area..
DATE: August 17, 1999
PAGE -2-
NOW THERE
-2-NO ''I`HERE ORE BE IT RESOLVED that said Subdivision Agreement (dight of Way
Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Depa -.-.qt.
RL:df
11:WS£\SHAR£:7ATA\GrpData\Erg3vc\BC\1999\BO 8-17-99.doc
Contact:
P P Lie y(313-KS 34 I hereby certify that this is a true and cosec.copy of
C�rs.act: Rich L.ariy{313-23k8}
e: uvi Works- £:. r.�,L tt wtl� a action taken and entered on t`ne .mutes of the
Current Fian*,inS,Community Development
T-6-£7_2000(P=, Board of Supervisors on the date shown.
Shane"l dustries o`Nosthem Cali:or ia,
100 N.Ml .ia t2s Blvd,ti :p1Ezs,CA 45{}35
Chris Traebridge
Sash Worden
American Casualty Company o`Readi:.g,PA .ATTESTED: Agc.aGUS 17,--W2
2
2I65"v^vrt.aAd Swat,Strife 7�L,Woodland�sfiis,CA 9£37 's'
PHIL BATCHELOR, Clerk of the Board of
Supervisors and County Administrator
By
Deputy
:Y
USiV€SiN AEEEET
(Right of Way Landscaping)
(Government Cde 566462 and 566463)
Subdivision= 8254 � Effete Date:
Subdivide.-: t Completion Period, I year
TSZE VGNATUREA A rT E'ST I'HE PARTIEVAGREEMENT HERETO:
aQZ � rV#ice R: (Name arid'i t.e) Vi
c" N. Ca.i._f. A d-4Sj0n cif
J. Michael Pud lv Wonks Director TT s��j
By: �
nianieI W.
p - Vice President
y; Lrn Assistant Secretary
.� �
(NOTE:Aj!s¢gratures to be acknoWedged. rf 8r;bdviaer is i;tcaWr tela,
Sigr:Utures MLSt 00rftrM Wit th$ designated representative groups
pursuant to Corporabons Code 313.)
RPALRE17�S' CAT f. Effective:on the above date, the County of Contra Costa,California, hareinafter cai ed and the
above-rnent w eo aLbd vied' ° utuai<y promise and agree as foiiows ncew ing this subdivision:
lMPROVEM�. bd:vider agrees to install certain road improverr:ents(both pubiic and private;,dra rage improvements,
signs. stYeet ;gnts, ire hydrants, landscaping, and such other #r proverrients ,<nClUding appurtenant equipment) as required n the
impr;verrert p.ans for this subdivision as reviewed and on fie with the Contra Costa County Public Works Department and In con.4c ?,ance
with the Ccr£tra Costa County Ordinance Code(including future amendments there o),
Subdivider shall wmplete said work and improvements(hereinafter called"work")wain the above completion period frcr,date
harmof as re :sired by the forma SubdMsion tap act(Government Code SS66410 and following),in a good workmanilke manner,:n
accordance 4th accepted coastuct#on practices and in a manner equal or superior to the requirarrents of the County Ordinance Code
and rUings,rade thereunder;and where there is a conflict,between the irr#provernient plains and the Co„my Ordinance Code,the stricter
requirarrien'3 Shall gOVS 'i>
3, lid PRQVEMaE.�i 9-CeI ITV. 0; this Agreement,the SubdMder shad,pursuant to Governrne rt Cod$S664gr,and
u � import executing
`fie' unty Ordnance Code,provide as security to the County:
1� -ori ,man ^t 6,379.00 cash,plus aooitional security, ;n the amount
of , 21$ C whr,Ich together tots'one hundred percent 610. 0%' of the estimated cost of the work. Such
additional sf.cunty is presented in the 01
Cas'-, certffied check or cashiers deck.
-X AcceptabEe corporate surety bond.
_ Acceptable irrevocab.e letter of credit,
With this secur.y,the Subdivider guarantees performance under this Agreem.eint and rn- ainteriance of the work for one year after
its c ornpleticn and acceptance against any defective wori(manship or materrais or any unsabsractory performance.
, r ret° pec{rr ty in the amount of ,750CCwhich is fifty percent(60%)of the estimated
cast of the V ork. -,n security.s presented in the form.ofd
Casa,certified dneck,or cashlel s check
Accepnac;e corporate surety bond.
Acceptable irrevocable letter of credit.
W th;r;s sec; y,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting egriiprnent
or fern?;shing labor or materials to thern or to the Subdivide,,.
goon accepter ice cf the work as con;dpiete by the Board o`Supervisors anc!upon request of the Su;divider, ire a noun
securities may be reduced in accordance with,S94-4.406 and a94-4.406 of the Crdinaric$Code.
4. "°�E ��� ��l��at~T' �F V�:� if. Subdivider guarantees that said work shall be tiee fr m defects in rwiateiwa or
work;nansnip and shall perform tsfa diy for a period of one-year °r,and after the Board or Supervisors accepts the work as corr:.,;et
in a rdance with Adtc;e 96-4,6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct.repair,or repiace,at his expanse„
any defectm in said work.
/'stern. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
6. T TSTA is € � rC . Subdiv€der agrees to perform establishment wo:� for landscaping instar'red under this
agreement. Said plant establishment work shall consist of adequately watering piants,replacing unsuitable plants,doing weed, rodent
and otter past carte€and other work datemwined by the Public`'forks Deparbrient to be necessary to insure establishment of piants,Said
plant astal-Nishment work shall be performed for a period of one-year from and after&Board of Supervisors accepts the work as complete.
At the discr at on of time County,bids away be released after final acceptance of, iandscaphrig improvements by tie County.
6. i VE1V;zNT PLANWARRANTY. subdivider warrants the impmvernent pians for the work are adequate to accoompilsh the
work as prurnised 1 Section 2 and as required by the conditions of Approval for the Subdivision. If, at arty time before the Board of
Supervisors accepts'.he work as compiete or during the one-year guarantee period,said niprovement pians prove to be inadequate in
any respect,Subdivider shat:make whatever charges are necessary to ai=mpi sh the work ins promised.
7. imi t 4i i€:specaon of the Wolk and/or materials,or approval of work and/or rnatenals or statement by any
officer, agent or amp.oyea of the County indicating the work or any part thereof compiles with the requirements Of this Agreernent, or
acceptance of the rvroie or any part of said work and/or rnateriais,or payments,therefor,or any combination or all of these acts,shall not
rel
ave the Subdivider of his obligation to fr;i-fill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages ads;ng from the faii°ure to compiy with,any of+,he terms and conditions hereof.
Subdivider shall ?oid harmless and indemnify the indemnitees from the Habil€ties as dewed in this section::
X The i,,demr_t< s benefitted and p tected by this promise are the County,and its special district,elective and appointive
boards, coMrnissions,officers, agents,and employees.
S.
TheLogb_iF_itlel protected against are any liability or ccclaim for damage of any kind aliegediy suffered,incurred or threatened
because of actio;;s defined below and including personal injury,death, property damage, inverse cordern watiorw,on any comb;nation of
these,and regardless of whet-her or not such liabiii y,claire or damage was unforeseeable at any time before the County reviewed said
irmrover°ieni prang or accepted the work as,ornpiats, and including the defense of any suit's):aeon`s),or other proceeding's)w icerninig
said liabilities and chits.
C. The C gri5 CaIF .-n liabli V are any aft or drnission(negligent 'eor/-negligent)in co wnectior?with the matters covered
by his Agreement and attributab.e ro the Subdivider,contractor,suocontrar,or any officer,agent,or employee of one or;More of thern.;
C. n-Condi°i/tions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,suppii€d,or approved any pian(s)or specification(s)in connection with this word or subdivision,or has insurance
or other inderrinificatior covering any of these;natters,or that the alleged damage resulted partly form any negligent or Zvi€€fui:misconduct
of any Indemnity.
g. Q=: Subdivider shall pay wherw dare,all the coasts of the work,inc€udIng irispecbons thereof and reiocating existing utiiiVes
required thereby.
10. SURVEYS, Subdivider shall set and establish survey rronurnents in accordance with the filed map and to the satisfaction of the
County Road Co m,;ssione-Surveyor before acceptance of any work as comp€ete by the Board of supervisors.
s s. h O ; w O A C ANQ37s: if Subdivider fails to complete the work within the time specified 1r,this Agreernent, and
subsequent extensions or fails to Maintain the ;pork, the County may proceed to complete andlor 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.)irr;mediately u. ori demand.
Subdivider hereby consents to entry on the subdivision property by ft County and its forces,including contractors; it the evert
tr,a County proceeds to coup iete and/or maintain the work.
Once acton is taker?by County to cornpiete or maintain the work,SubdRvider agrees to pay al;costs incurred by the County, ever,
if Subdivider subsequently compietes the work.
Should County sue to compel pel=rmance under this Agreement or to recover costs incurred in completing or maintaining the
work,Subdivider agrees to pay all attorney's fees, and ail ctrer expenses of litigation incurred by County in conneceion therawith, even
if Subdivider subsequerft€y proceeds to complete the work.
92. ° iCO PJI TIC / lel X,TIG'. if,before tl^e Soard of Supervisors accepts the work as complete,the subdivision is included
in tarritory inoorporatea as a city or is annexed to an exist g rifiy,the Cwunty`s rights under.his agreement and/or any deposit,pond,or,
leiter of credit/souring said rigrtts sl,all be transterred to trove nem on annexing city. SuCh city shaiR have all the rights of a third party
bee mfi,lary against Subdivider,mho siwaii huifiii alle terrras df this agreerw5eiat as though eubc€older had oon:raotedrth the rift'originally.
11 5=-01 S_YiA In ca s'rdmrati
Subdivision. - on hereof,County shall allow Subdivider to ale and record the final Map or Parcei dap for said
c:1W?-.%' OWS1?E?ai..*Vwpnn4b4G-30A.doc
Rev.November 19,1998
OALIFORNIAALL-PURPOSE ACKNOWLEDGMENT
,ate. ,�.,.v.e ��- �` ^,C`,1"!."C`�:.'�.L'.'C�""o:-,"�^`^',_`_.C"..-,..--w..:,,h-r�-v���..w�.:q �.-.1`��.C`%^,e.-!`�..(�!.��",�• '.
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State of
.�.n.i,a
(j
•h
i ns et t�
san_*.a Clara
a ryry0 r, g 1737
�
LInda A. Fluea, AAory aubl-Lc :
`4S"na ! ¢ of C Y($.g_"Jam Dos,NMY Pubi*l )'1
aagg appeared
�y ° �wv� W.
Hancock�q ,Pq,ry �'v y[� L
perst)nai�y appe�.red Dan' ✓l !"V ® Hancock r'�n,-d' w.C. T.�.i�ebrr m:dge
• _ - _ fVA�Yl8r4i gt rd.'QC:�SY
YK perso naiiy known to me m OR— proved to me or,the basis of satisfactor°evidence to be the person(s) P�
A, whose narne(s) isiare subscribed to the w&in instrument
< ` 4 ; t c
and acknowledged to 3? :��. ��.�h�/tr#�� executed tie A
same in i c slier/their authorized capac'y(es), and that ty
INUr'1 A.FLUKEN y� 7,� r�
his/her/their signature(s),on the rest urner't tl'e perso?�(s),
'` i ^'!.. CC�'I^,'S i!SiiC14^'ri j t�'1�2G.X or the entity upon behaif, of `hic:E IS!� 7,.L�r�`s�?�;sj acted, .�.'
r
Public-California e°,/.acuted the t§'istrL€r:`°e?'st.
scnta CSo'o County
My Comm. )OMSCc 23„tai WI'MESS mn
y rano Grim offlcia;: see.'
Sinatur€gi 4 nary Pua:g y
. c
OP710L
g
7hougn tflQ infcrs atidn oelow is not required by laud, it,gray prove valuaole"o persons rely=ng on the document and could prevent
r7au.^ulen.T removal aP?d reatTa3c,�rflent df;nf5`dr7'Pr tG aP1a,fner docurrrsn$.
Description of Attached Document
stye or 7y e of 1)cCUrr,ant:
Dov t�er?t ts: Number of Pages:
Signer(s) Cther Than Named Above:
Cap city(ies) Claimed by Signer(s)
signer's annex Signer's Name:
7- Individuia.i i dlv dual
'Corporate 1fficer Corporate Officer A
ltle(s):
_ '. iGeneral @ Partner
Y'F ' - m: tFed _ enerai
Partner '. i6g{
pp -
>
0
Trustee
�. - a ..... �rtG'4i i+ ,
..sggrdi n or
� � ++�� nn )av��.�.,t�1 � � s ���rr��,�rti ww,,p�q P� 7`�//�� yy��yy yy 3 � i 9��i �`if:r7�fPS a
.® 1, ed Gt: ! 4d 1` 4lorrism!`v9rtbir g Su Gw -an. or 4dai nservatof
_ other: � "e`e 1 I e i p d ire
f r
Signer is Representing: Signer is Representing: � A
T
4 1945 4211ona;Notary AaSoo,acor.-6236 Pemr.er Ave..P.O.Boz 7184^Canoga Park.CA 41305-7184 rod,40.5X, Peoroer Ca!i-w-Free 130,0476.6827
hd€v€sio n. 8254, Cast Badge
Boni NO 190 723 728
prernliu °: $3188.00
1-MPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANTD.QcAPE AGREEINMW
( erfor mce, para tee, and payment)
(Califo=a overju t Code Sections 66462 and 66463)
-#� as speci��ed :� the Su�Sdvisi0 � reer;�e�t ( .:�ht �¢ may ,adscap ), ar�d to
cletecr'.t time specified fc�r cpletic i the Suivisicreet ( haat �f`eIay
Landscaping), all ir,accordance with State aid :40C lames d t-al gs erelmm.der in order tc SWUM Con,i ivns
fir ff of the Final MaV o, Pafcel Map for said Subdivision.
20 QPLT AT10,N- , 4r d 4r€ csf � errs mal€ Yrs:a, <c� a s nd r , ;r c. , cipg and
a.corporation or a d e;dsdang ruder the lags
f the State cf m - , and au¢� r�to transact sarety business in Cal_for�ia,
as Suety, hereby oint'y and severer y b±, ,d ourseives, our heirs, executors, adni?dstrators, successors. and
ass,9n t the Co of Contra Costa, California to pay it:
As Perfonnance and Guarantee: SixHundred Th':rty One T�cusand Five Hundred`w9nty Or:e and NO/?00
l cyars . 2 i for itself Or any city assignee under tie above County
dcdivision Agreement, plus
. y a Three Hundred Pusan Thousand Seven hundred Fifty and NO/I 00
Dollars (S__3 to secure tl&clairms to wHchl
reference is ade °pit<e
XV (co e d g with Section 3082) of Part 4 of Division III oaf the Civ' Code Of�e State cif
California.
3. LONDITIO;'S m
Art The Condition of the obligation as to Sectio 1(A) above°s siach that iso the above bounded Principa-011,
h %y" t5 nitS, successors£ aSSiI , tdins, shat in al thugs stand to and ai
y, and well and t .ly keep and perform the covents, conditions and provisions in the said
agreement and any alteration thereof made as therein paovided, on is or Its part, to be kept and
perf`6n d at the tip and in the n,,aniner therein specified, and in all respects according to ¢.heir true
int€.ut and -;.nan .g, and shall indenrffy and save harness the County oaf contra Costa (or city
assignee), its officers, agents a d employees, as therein stipulated, diez,this obligation shall becosme
Hind and void; otherwise it shay be and rein in fel force and effect.
As part of f e obligation secured hereby and in addition to the face a unt specified therefore, there
shall be included casts and reasonable expenses and fees, including reasonable attorney°s bees,
incurred.by County (or city assignee), in.successfully enforcing such obligation, all to be taxed as costs
and included m any Judgement rendered.
B. The condition of this obligation as to Section 2.(13) above is such that said principal and the
undersigned as corporate surety are held firm y bound unto the County of Contra Costa and, all
contractors, subcontractors, laborers,maternal n and other persons employed in the perforria;-tce
of the aforesaid agreement and referred to in the aforesaid Civ .Code for:materials umilsl-&d or labor
thereon of any kind, or for aimunts due ander the I nernploynient Risurancee Act with respect to Tach
work or labor, that said surety wig pay the saw in an mnount not exceeding the arr-ountherein, above
set forth, and also in ease suit is brought upon fnis bond, wil pay, in addition to the fact amount
thereof.', costs and reasonable expenses and fees, including reasonable attorney's fees, inch;:ed by
County(or city assignee) in successfully enforcing such,obligation, to be awarded and fixed by Che
cow tv and to be taxed as assts and to be included in the judgement therein.rendered.
It is hereby expressly stipulated and agreed that, this bond shall iwize to the benefit of any and. 2
persons, companies and corporations entitled to file claims under Title 15 (coninvneinig with Section
30821 of Part 4 of Division 3 of the Cid 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 folly perfon ed then this obligation shall,beco &null and void,
otherwise it shalt be and rennain in, fU force and effect.
C. No alteration of said suMvision agreement or any plann or specification of said work agreed to by the
Principal and the County shall relieve any Surety f.' liability on this bond; and consent is hereby
given to rale such alteration without farther notice to or consent by Surety, and the Surety hereby
waives the provisions of California Civil Code Sectio* 2819, and bolds itself bo,,md without regard
to and i-dependently of any action against Principal whenever taken..
SIGNED l Sl. I? on -uly 27, 1 999
ShaDei =ndjstries of Northern Ca!ilornia, American Casualty Company of
PRINCIPAL: vision of ShaceN Industries, Snc. SUREW: Reading, PA m
Address: 100; N. WDitas blvd. address: 21650 Oxnard Street, Suite`eG
City: iipit ip5fs eF City: °coacila lills - ip_ 167
s
Drina Namee Daniel W. Fancock ��r Print lame- Sandra V. i panne,
Title: President Title: � Attcrne-y-in-Fact -
=W
13't�Si\SidARr3AzA\GrpDa!ACEr,gSvc\z?or \BN WO BN-:%Adoe
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
of Cal 1,f o�=_Ja
?,ot;r.,ty of ,.5anta Cla_-a
Z
0-,;1y 31V,' 1999
-e m A. F-11111ken, Notar7 Pubiic
N l:ft of offl'-w -Jane Doc Notary Puti"C"
pers.-'-aily appeared Dan-Le.I.W. Ha,--co_-k
X_- Persoria;Hy known to me-OR- proved+10 me o.n the basis of satisfactVy evidence to be the perso"I(s)
yn
whose riame(s) is/are subscribed to the withininstriment
and acknowiedged to_ me thatne/she/they executed tne
same in his/h.er/", eir authorized cap acityr(ies), and that by
his/her/their signallure(sl)i on the it the persorl(s),
_NDA A.FLUKEIN
or the entity upon behaif of which the Der on(s) acted,
Commission i�,, 1159356
Notary Pubilc-cailfcimla exacuted the instnurrier"".
Santa Cclra cou(nty
MyComm,bg:gras Oct 23,2X' WITNESS my hand and off ielai seal.
J
OP7ZONAL
7hougn thanfornnation 47,elovo is not requirec by taw, it may prove Valuatlaro p amcrls relying on the document and could prevent
ftululartramoval and reartactiment of this form to another docurnart.
Description of Attached Document
7:t i e 0 r T y p a of 0 o c urr,eri t
Document Date: Nurniber of. Pages:
Sigr,,ar(s) Other 7han Named Above:
Capacity(les) Claimed by Signer(s)
Signet's Nave: Signer's Name:
7- nt V�d U a �ndividua'
X--X Corooralle Officer C-'03'porate Officer
Partner—_- Limited General Partner—-_ Limited General
Aftorney-in-Fact
Trustee
�
Guardian Or Conservator
Guard;lan or Conedto,
i Too of Viumb Iere Other: Top of tnumn nere
Signer is Representing: z I igner Representing:
b IM NatorlaJ Notary ASSOC,atirr)•a236 Rermet Ave.P.Q.Box 7184•Canoga Park,CA 31309-7184 Proc.Na.3907 Reoraer Call Toil-gree t.800-87-6-6827
POWER OF ATTORNEY APPOINTING TI INDIVIDUAL ATT aiN$ T
Know Ni Men By There,Presents,That CONTl =NTK-CA S MALTY COMPANY,ars it€€.tsois corporation, NATIONAL FIRE€NI SURAN'C''E
COM- ANY OF HARTFORD,a Connectout co-mm3ton,AMERICAN CASUALTY COMPANY OF RkADiNG, PENNSYLVANIA,a Permsy€tiama
rpom.={hers€:~ iiectiveiy c°a€€ "the CCC Surety Companies'),are duly organized and ex: reg corporations hm�ng their princi i-AA,..cw m
the City of Chicago,and State of Illinois:and tt°:at tney do by vid4,e of the signature and seais he4n a €ed heraby rnake,conststuts and appoint
S8Veriv A. € W1 Sandra`, Harrap, {na4vids� f
Sherman Oak—.,Caffomia
thei-tnie and i"—V;;� msy(s1H -Fa'_! fjiI pommy and authority€ereby confemad to sign,sea€and execute for and,n their behalf,bonds,
und ertakmgs and other obligatory in'strurnaft of sirnilar nature
-In L€rsilmid Amounts-
and to bind tham, thereby as ki€€y and to the sams ex* r t as f such strur^er %,are signs by a du€y authofted doer of t mir=rpr rations and
a€I the act&said Attomay,pursuant to the acrd)orty hereby givar;are hereby rimed and oorifirmed.
77psis Power of Attorney is made and execu%d pUs :,,_and by authority of t-se By-Lata andesoiu4aons:printery on the reverse reo-:
iuly adopted, irtdi ted, by the Boards of Directors of the corporations.
in Vatness'04barear,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and Imeir
co'p,orata ssais to I hiarato afl~aced on this 2ft day of October 1998
CONTINENTAL CASUALTY COMPANY
I ATitd�'AL FIR;i uSURAN CE COMPANY OF HARTFCRC
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
« MY V 9 e
} Ste. j Ism
+damn j.Cashion Group V'ce President
State o"Linc€ , Cdunty of,Cook;as:
Or,tris 28th day of C--ober ,before me pee: ;,alit'osme
I~amr,,I.CW ions to me kno ,moo,being by rife d,.:y svmrr,,did depose and say;t sat he resides in theCity of Chicago, State of Winom;that
he is a Grouc slice presidents of CONT€NE TAI'CASA,°ALT`'COMPANY, NATIONAL FIRE€NSURANC'E COMPANY CF HARTFORD,and
A.M.ERiCACASUALTY COMPANY Ca R C€N , RE€NSYLVA'N A de bed jr,.and which execs the above h�n�ent,th t he knows the
seals of said corporations;that the Seas wed to e said ir:strument are such oorporate seals-,that boy were so affixed pursuant',-aucrfty
given by�e Boardds of DN"sc ors off said corporations and that he signed his name thereto pursuant to tike authonity,and ackmomedges same to
be the ae and deed of said corporatons.
•jo
NOTARY
My Comm€scion Fires March E, Mary Jo Abel Notary Ruble
CERTIFICATE
I: Mary A. Rib kav s?s,Assistant Secretary of CONTiNENTAi:.CASUALTY COMPANY, NATIONAL F:IAF_€NSURAACE COMPANY OF
HARTFORD,and AMERICAN CASUAL PY CCM=A.NY OF READING,PENNSYLVANIA do hereby carlifythatodhe po��en of Attxs nay herein
abova set fort--t is st-€I in fores,and furthw ceras that the By-Law and Rsso.0 _n of the Board of Cirec+ors of each:oorperston printed on the
reverse oreof are stitt in for!oa. ;n testirnony whereof have:are-unto sSubscribed my name and a ed s €s of the said corporations
this 2 6 h day of jul w'1 9 1
CONT iNENTAL CASUALTY COMPANY
s #i� NAT€OVAL FIRE INSURANCE COMPANY CF HARTFORD
AMERICAS,CASUALTY COMPANY OF READING,RENNSYLVAMA,
0 " m4 ;'
S
Mary A. Ribikawskis Assslant Secretary
(Rev.1 0%1/97)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD CF CiRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is rnade and executed pursuant to and by authority of ft following By-Law duly adopted by ate Board of Directors of
tete Company,
"Article IX—Execution of Documents
Sectors 3.Appointment of Attorney«in-fact.The Chairman of the Board of C€ro&zrs,the Prersident or any Executive, Senior or Gr-"p
Moa President may,torn time to tints,appoint by war^certificates attorneys-in-fact to act in behalf of the Company in the executz'on of
po?cies of insurance,bonds,undartak rigs and other obligatory instruments of like nature. S;€oh attorney it-fact,subject to the limitations
W fort in their respectve oer0cates of author ty,shali have full;cower to bind the Company by thr signatura and exacution cf any such
in ".mann and tto,attach,the sea[of the Company thereto.The Chairman of the Board of Director$,the President or any Executive, Senior
or Group Vice President or'drre.Board of Directors,may,at any time,revoke ail power and authority previously given iv any attorney-in.-fact."
This Power af,Attorney is signed and sealed by fa ir~"lie ander and by the authority of the fall ng Resolution adopted by the Board of
Directors of the Company a,a meeting duly calleed a:rd hetd on the 47t day of February, 4993.
'Resolved,t;at a signature of the Prssider?t or any Executive,Senior or Group iJice President,and the seal of the Company gray b6
af°'txed by facsimile on any power of attorney granted pv.suant to Sector,3 of Article IAC of ft By-Laws,and the signature of+e Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any car" to of any such power and any power or
oar;cate bearing such facsiritle signature and seal shall be valid and binding or,they Company,Any such power so executed and seated and
certfsd by caxrtif6 to so executed and sea€ed shall,with respect bo any bond or undertaking to which it is attached,continue to be valid and
binding on the Company.'
ADOPTED BY THE BOARD OF DIRECTORS CF AMERICAN CASUALTY COMPANY OF REAGIN, PENN'SYLVA-MA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Lawn chola adopted by the Board of Directors of,
the Company.
"Article% xecutlo n of Obligations and Appointment of.Attorney-in-Fact
Section 2.Appointment of Attorney-inwfact.'tire Chairman of the Board of Directors,the President or any Executive, Senior or Group
Vice President may,fror5 time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company it the execution of
policies of insurancle,bonds,undertakings and other obligatory insfrumen of like nature,Such aftrneys-in-fac,subila t to the limitations
set forth in their respective cortficates of authority,shall have full pour to bind the Company by their signature and executors of any such
instruments and to attach the seal of the Company thereto,The President or any Executive, Senior or Groep Vice President may at any time
revoke ali power and auftrity previously given to any attorney-innfact."
T his Power of Attorney is signed and sesaled by faacsimile under and by the authority of the follm4Ang Resolution adopted by the Board of
Cb actors of the Con pany at a meeting duly ca4ed and held on ire 17th day of February, 1993.
'Resolved,the,the signature of the President or any Executive, Senior or Group Vice President and ire sea:of the Company may be
affixed by facsimile on any *war of attorney granted pursuant to Section 2 of Acle V!of,the By-Laws,end the signature of the Secretary or
an Assistant Secretary and the seal of'.he Company my be affixed by fa imile to any certificate of any such power and any power or
certificate bearing such facsimile?signature and seal shol€be valid and binding on the Company.Any such power so executed and see€ed and
certified by certificate so executed and seated shall,with respect to any bond or undertaking to which It is attached, convinus to be valid and
binding or,the Company.'
ADOPTED BY THE BOARD OF DIRECTORS OF ?SAT€OVAL FIRE MURANCE COMPANY OF HARTFORD:
This Power of Attorney is rnade and exescrLrted pursuant to and by authot-ky of the followting Resolution duly adopted on Feb,jary 17, '993 by
the Board of Directors of the Corrspany.
"RESOLVED:That the Pres dent,an Execut ve Vice President,or any Sensor o,Group Vice President cf the Co tio-may,froin erre
to time,appoint,by wr@treri cortficates,Attomeys-in-Fact to ad in behalf of the Corporation in tate execution of poiicias of inviran e,bonds,
undertakings and otter obligatory instruments of like nature. Such Attorney-in«Fav,subject to the lirnitations set fortis in Meir reserve
certificates of aut orsty,shaq have fill povwer to Bina the Corporation by their signature and execution of any such instrument and to attach
the sea€of the Corocration thoreto.The President,an ExacutiveMice,President,any Senior or Group Vice President or the Board of Directors
may at any tirne revoke all power and authority previously given to any Alto meymirsw'Fact.°
This Power of Attorney is signed and sear by facsimile under and by the authority of the following ResoIUtion adopted by the Board of
Directors of the Company at a meeting duly called and hold on the 17t,day of February, 1993.
'RESOLVED:That fate signature oft the President an Executive Vice President or any Senior or Group Vice President and tr:e seal of,
the Corporation may be afFaced by faozimile or any power of attorney granted pursuant to the R olutiosn adopted by this Board cf Directors
on February s7, 4993 and the signature of a Secretary or an Assistant Secretary and the seal of the Co.°poration may be affixed by facsirnils
to any cer ficatee of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding or,the
Corlaoratior;.Any such power so executed and sealed and certified by certfficate so executed and seated,shall with?,aspect to any bond or
under kens to which it is attached,continue to be valid and binding on ft Corporation.'
state of CALIFORNIAbefore me,-
3999
Dale NAME, TITLE OF OFF;iCER.. `JANE :BOE, NOTARY PUBUIC"
personally appeared SAIMRA V. .
NAME(S) OF GNE ( i
lk—X ) ersonaiiy known to me - O - ( ) proved to me on the basis of satisfactory evidence to be
the person(s) whose n eol) islftk&ubscribed to the within instrument and acknowledged to me that
1*/she/Xft executed the same iM&Wher/MM authorized capacityoK and that byXOMherMW
m9 attire } on the instrument the person(), or the entity upon behalf of which the person{ acted,
executed the € strument.
B.HAU WITNESS ray €dl-and official seal,
a -Cor ml On# _186926 �
Los Arige"Cou +y NATURE O N �s A Y
: Y ^" aL^ ,
OPTIONAL
Thou h the data brio is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this fo r:.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE( ) TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
�.) GENERA.
NUMBER OF PAGES
(X.-) ATTORNEY-IN-FACT
k �) TUT ( )
GUARDIANICONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING;
NAME OF P SO ( O ENTITY(IES)
.�:°�3erican Case omn-gny
::� � - SIGNER(S) OTHER THAN NAMED ABOVE
THF BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this resolution on August 17, 1999 by the following vote:
AYES: SUPERVISOP,S OIOIA, OI1,iF.M'A, 0 , DESAU.N4IL--,;,� Ali- CANCIAMIIIA
ABSENT. �O�u
ABSTAIN: INMNE
SOLUTION NO.: 99/409
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8254,
Dougherty Valley area.
The following documents were presented for Berard approval this date:
I. Map
The Final Map of Subdivision 8254 property located in the Dougherty Talley arca.,
said map having been certified by the proper officials;
11. Subdivision Agreement
A subdivision agreement with Shapell Industries of Northem 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 arnount: $13,697.00
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 heading, PA
Bond Number and Date: 929097462, July 28, 1999
Performance Amount: 51,3560000.00
Labor&Materials Amount: $678,000.00
Principal: Shapell Industries of Northern California
I ONION �0, : 99/409
/'3
a�
SUBJECT: Approval of the Final Map and Subdivision Agreen ent for Subdivision 8254,
Dougherty Valley area,
DATE- August 17, 1999
PAGE -2-
ITT. ax Letter
Letter from the County Tax Collector stating that there are no unpaid County taxes
heretofore levied.on the property included in said nap and that the 1998-1999 tax
hien has been paid in 1-111 and the 1999.2€1£ 0 kaX lien,which becarrae a lien or,,the first
day of January 1.999, is estimated to be $283,700,00, with security guaranteeing
payment of said tax :len as follows:
Tax Surety
Bond Company: American Casualty Con pany of Reading, PA
Bond Number and Date: 929097455, Iuly 26, 1999
Amount: $283,700.00
Paid by/Principal: Shapeli Industries of Northern California
NOW T7 ---FO E IT RESOLVED that said subdivision,together with the provisions
for its design and in proverner t, is DETER-MINED to be consistent with the County's general and
specula.plans,
BE.IT FURTHER RESOLVED that said Final Man. is APPROVED and tMs Board does not
accept or reject or behalf of the public any of the streets, paths, or easements shown thereon as
dedicated to public use.
.All deposit pernnits are on -1 1 le with the public Works Department.
BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED,
I hereby certify that this is a twee and correct-copy of
rs df ars action taken and entered on the minutes of the
C3:\GtpDa:&�E.ngSvc�BCf\,99918^R-i7-39.doc s
Board of Supervisors on the date shown.
orlstnator:Public works"ES)
Contact: Rici,Lierly{3'3-23681)
cca Public Works-R.Bruno,Construn'an
culTeni Plau nivg,Community Development ATTESTED: AUGUS_ 17, 1999 _
T--6 7PHIL BATCHELOR, Clerk of the Board of
S'sep t
rn::d- nes of Na:tl<erz California,,
WO N.2ii:pitas B.vd,tvli'tpteas,CA 95035 Supervisors and County Administrator
Chis Tmebr;dge
Sam worden
American Casually Company of Reading,PA
21650 Oxnard Street,Suite 750,Woodland Hills,CA 92367 s a
By �q
S .bvon. 8254, Creat Bridge
Bond leo.: �2=39746x2
Premiur':_ 5,`80.0-o
IYOROVENMIN'T SECURITY Bo-NTD
FOR SUBMISION AGREEMENT
(Perfo =ce, Guarantee, and Payment)
(Califbmia Government Code §§ 66499 - 66499,:t0)
e
RECITAL—OF SuBDtytsio-NAGREF-.mF-,, : Principal has executed an agreement with thie County to instaU
and pay for street, drainage, and other i prove eats in Subdivision
as specified, in the Subdivbsion.Agree= t, and to complete said work within the time sp ecfied for
co lesion in.the Subdivision Agreement, all in accordance with State and local.lavas and ruu.ngs thereunder
in odder to satisfy conditions fo;r filing of the Final leap or parcel Map for said Subdivision.
2. OBLIGATION' 2¢�����i€ arcicipca d
-AMML:0 a corporation organized existing
1Wider the laves of the State of PA __, and, and au.thor`zed.to transact surety business n
Califfor- a, as Surety, hereby Jointly and severally bind ourselves, our heirs, executors, atrators,
successors, and assigns to the Gouty of Contra Costa., California to pay it;
A. Performance and Guarantee: Ore M 3 lon Three Hiunt2 Fift,r��� ( 1,355-00.00
)for itself or any city assignee under the aboire County Subdivision Areenrnt,
plus
payment: Six Hur.dred Seventy Eight Thousand Dollars. } to secure the clairns, to which reference is made Title XV
(cormr&ncing with Section 3082) of Fart 4 of Division lH of the Cinil Code of the State of Califom a.
3m CONDITION.
A. The,Condi iv a. of tlob ation as to Section 2,(A) alhove is such that L the above bonded Principal,
his 0-1°its ie-irs, executors, ads n trators, successors or assigns, shall in all tags stand to and abide
by, and vve"ll and truly beep and perform the covenants, conditions and provisions in tl:e said
agreement and any alteration thereof made as t-herein provided., on is or its part, to kept and
perfortned at the tier&and±- &x Winer there specified, and in all respects according to their true
intent and --neani.n , and shall' indemnify and save hannless ffie oty of Contra Costa (or city
assignee), its off-kers, agents and employees, as therein stipulated, then this obligation sba l beco e
null, and void.; otherwise it shill be and Temam in full force and effect.
4.s part of the obligation secured hereby and in addition to the face anm= specified tbtrefore, there
sl:ai be included costs and reasonable expenses and fees, incloading reasonable attorney's fees,
incurred by County(or city assignee) in successbally enforcing such obligation, all to be taxed as costs
and included in any udgement rendered.
B. The condition of this obEgation as to Section 2.(B), above is such that said Pyincipal and the
€ndersigned as corporate surety are held f=-,',y bound unto the County of Contra Costa and all
contractors, su contractors, laborers, material--.Mn and other persons employed M the per for finance
of the aforesaid agreement and referred to in he aforesaid Gail Code for materials fim shed or 3&,or
thereon of any gid, or for ar ;;nts due un, deer the Unerraproyrr nt Ir:.surance Act with respect to suer
wor-,or labor, that said surety will pay the sane in an a o, trot exc,-tiding ehe ar.0, t herem 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, includ= reasonable attorney's fees, incurred by
County(or city assignee) in successfully enforcing such o'k1gation, to be awarded and fixed by t1:e
court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stips;:lated and agreed that this bond shall inure to the benefit of any and all
persons, conrrpardes and corporations entitled to File claims under Title, 15 (connnencing 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 snit brought upon this bond.
Sho::d the condition of this bond be My performed then this obligation shall become null and void,
otherwise it shay be and re--main full force and effect.
C. No alteration of said subdivision agreernent or any plan or specification of said work meed to by the
Principal and the County shag relieve any Surety fro-m lialbility on this bona; and consent is hereby
given to make such alteration without , .hex notice to or consent by Sim-ety; and the Surety hereby
waives the provisions of California Civil Cede Section.2819, and holds itself bound without regard
to and independently of any action against principal whenever taken,
SIGNED AND SEALED on QVy 28, 1999
Shapell industries of Northern Caiifrnia, A American Casualty Company of reading,
PRINCIPAL: Division of ShapeH Industries, Inc SURETY: PA
Address: 690 North MH'-Witas Boulevard Address:
24650 Oxnard Stree*,, Seita 750
City: lip zip. 9 �3 � fty: 'J4'ccd4an ilia Zip: 91367
t e
Print Na e: Daniel Gym c Print Name: Pamela L, Stocks
T-Itle�
Preside bt Title. Attorney-in-Fact
:mow
11PWS'lWMIMBN-12.doc
90,7a it 7 199..P..
........................................................................................................._____.
.......................................................................................................................................... . ......... .............._......... ......... ......... ......... ......... ..........._____
............._......... ......... ......... ......... ..........
....................
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
:."`�`�"�f,.e..� _,�...�.,_t,.�.�.s.�.._.a._. a'"_b`.s'"C`6't�^`Cr"`rt�'.,c_��m.��^_`.=�'`�a't�.,�.���",C+`.f"'" •�°'mG�a�'.r�,6v�" •.,r�,.t.r�,�^;.
s
Stag of
Co..<r,,y of Santa C.e.a-,a
e J't _V t y ^v `1 iIada A. .i�.ruke r Notary Public
on Thea C o1, +ia• •• ams r,ov.Notary Pu't4cC
�I appeared
A
� Ness;oS S�essrFs; :�
4 ' perso:aHy known to me®OR— Proved to me or,the basis of satistactory evidence to be the pers-07.11s) rt
whose�gye ��(narr^a s)islare subscribed to the����? instnurna tt
yand �
grygy ¢erna
that
qq //tg sxecutsd the �
same in f ,s/her/nisi.'a,ut?ooz ^� a� cit tf ), r`�that�y
.�...` '' "'.i t' "/+ti'7eii ssg �sj on the lnsti`•i�r°'i'b'r'it ti'":e p`'s"so )+
of the t`'s1 uobehalf which asRrso luted,
b executed the instrument.
> T
W17NESS my hand and of°iciai seaL
f
Signa ura of N` ry uo;:c
i
OPTIONAL.`
Thougn the;rrformation below is not require by law, it may prove valuatle to persons relying or ti?e documenr and could prevent
udulsnt removal and reattachment of tf7ts fon°to another document.
Description of Attached Document
ate or s pe of Documiant:
Document Date. . Nurniber of Pages:
Signer(s) Other Than ?famed Above: � -
Ca aclty(ies) Clouted by Signer(s)
Signer's Marne: Signer's Name: -
}gid vie u i individual
� Wo.bavrah'a 41:.ioer � Corporate A
•` ,-... -- - - - --__.._._ �,
Partner— Um.ed General
L. s r iPai2nr
A,-',o me -}-Foos Attorney-in-;:act
y
Trustee Trus�ee
`
Guardian or Conser � ° o`L�rs�rvVd sto,,
0tr. — i 1'06 of trlurnb neve i Top of tnum®nere
f �
s i '
A
Signer is Representing: � S;gner is Representing:
a
A
Z �s95 Matra!Notary Assoc:anor. 8236^acme?Ave..P.O.9or`s8€m Canoga nark.CA 913u9-"`84 rro:. c.est7` Reorder-_a!7'0i+_;,0e 1.800.876.6827
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN -FACT
Known A,lMen By These prasents,`"hat'CONTINENTAL CASUALTY COMPANY,PANY,an iiiin.is corporation, 'SAT€ONAL FIRE INSURANCECOMPANYOF HApTFORR),a Conn ,,cut corporabon,AMERICAN-*CASUALTY COMPANY OF REDiNG; PENNSYLVANIA,a rannsy#vania
co=ration(herein a lively called"the CSS Surety Companies"),ars;duly organized and existing corporations having s;eir principa!offices in
the City of Chicago, and State of:iiir�ois;and that they do by vices of`he signature arra seals herein affixed hereby make,con utw and appoint
Parneia St;sks, Individuai€v
of Sherman Oaks.California -
¢he�r t e and Iawfu,Atto neyls,-in-Fay wlt fuuil power and aLfthontyhereby confer-ad to sign,seal and exacuTe for and on thsir beha f bonds,�
undartakinms and other obiigatory instruments of s rni:ar nature
In Un°st fted Amounts-
and to bind nenn tareby as f<ji#y and to the same-extent as if such ins ss;nsrfts were signed by a d0y autho ed officer of mer corporations and
a#i the acts of said Attorney,pursuant to',0 a o-'4 hereby givers are€ereby rammed and nfi-ned.
This Pawner of Attorney is made and axecu~tee pursuant to and by authc€-i€y of tn*Sy-Lawes and Resolutions,printed on the reverse hereof,
du y adopted, as indi=ted, by the Biards of 0;,rectors of the corporations.
in Wkness 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 ibis 23rd day of Fabruary 1999
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPA'�Y �dAT F^�RD
AMERICAN CASUAL Tv COMPANY NY OF READING,FENNSYLtlAN A
JULY `` AW91
EALI
non
:'Marvin J.Cashion Groin:Voe President
State of iiiinois, County of Cook,ss:
On this 23rd day of Febr�.ar 1 S ,befo-a me p onai€y carne
a:sin J. ashions,to r i�t�cwrr,Rho,be ,g^fir me duty sworn,did dep and say:that he r des in ti�a 1-::y of Chicago,Stag of.iinois;ti st
hes a Group V ce President of CONTINENTAL 0ASLALTY COMPANY,NA"iONAL FIRE tNSURAN E COMPANY OF i�ARTFORD,and
AMERICAN CASUALTY COMPANY OF:READING, PENNSYLI'ANIA described in and svh"oh executed t.1ne abovanstrumn<t:that he kniows the
seals of said corporations,that the salt afted to tete said insmurnent are such rporate seals:tf;at fey weare a41~xed pursuant tD&Lithonity
given by the Boards e D Ted ors of said corporations and that he signed?tis narne thereto pursuant to like au oribj,and acknowledges same to
be the act and seed of said corporations.
JOA,
NOTARY
°Corr r issiran Expires March 6,2000
Mary Jo Abel ',wry Public
CERTIFICATE
i, Mary A. Ribikae #as,Assistant Secretary ofNT€NEI+iTAL CASUALTY COMPANY. NATIONAL FIRE NS11A'iCE COMPANY OF
HARTFORD, and A&P.ERiCAN CASUAL TY COMPANY OF READING, PENNSYLVANIA do hereby certify thattie Power of Attorney herein
above set fort} sill in force,and further certify that the Sy-Rays and Resolution of the Board of ba rs of eacorporation,pninted or..
reverse hereof are stili in force. In testimony whereof I have hereunto subscribed my Mrne ar*affixed the els of the said corporations
this 28th daycf Jul -
_y
CONTINENTAL CASUALTY Y COMPANY
ur NATiONA: . R= ;NSURANCE COMPANY bDART. CRC
Ales RICAN CAS,,lALTY COMPANY F REA'MN PENNSY VANIA
R) SEAL
a� r,
log-
€ a*y A. Rib kawskis Assistant secretary
,Rev.1,06'€;'97)
Authorizing By-Laws and Resolutions
ADGPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is Brads and executed pursuant to and by authority of the foi;aging By Law duly adopted by the Board c`Directors of
the Company.
" c€e€X---Execution of Documents
Section 3.Appointment of Attorney-in-pct.The Chairman of the Board cf Directors,the President or any Executive, Senior or Group
`.dice President nl2y,from time tc tirne, appoint by w rilten certificates att rhneys-in-fao to act in behalf of e Company in t,e execL on of
policies of insurance, bonds,undertakings and other obligatory instruments of ike nature. Such.attorneys-in-fact,subject to the€irns"ations
set forth In their respective certificeas of a :ority,shall have full power to bind the Company by their signature and execution of any such
instr°urnents and to attach the sea':of the Company thereto.T he Chairman of the Board of Directors,the president or any Executive, Senor
or Group`Dice rresidetnt or the Board of Directors, may, at any enne, revoke all power and aut.orny previously given to any attorney-in=fact."
This power of Attorney is signed and sea€ed by facsimi#s under and by the authority of the foliowing Resolution adopted by the Board of
Directors of the Ccrtin-any at a mosting duly called and hold on the 47th day of February, 1993.
"Resolved,that the signature cf the President or any Executive, Senior or Group Vice President and the sea:of the Company may be
affixed by faosirniie or.any power of attorney granted pursuant to Section 3 of Artois€X cf tete By-Laws,and the signature of the Secretary or
an Assistant Secretary and the sea;of the Company?nay be affixed by facsimile to any cenficate of any such power and any power or
certificate bearing such facsimiie signature and seal.shall be valid and binding on the Company.Any such cower so executed and sealed and
cerffied by certifcats so executed and seated sha€I,with respect to any hand or undertaking to wt:ich it is attached,continue to be valid and
b:Td ng on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This power of Attorney is mads and executed pursuant to and by authority of the fol€owing Sy-Law duly adopted byte Board of Direct"ors of
the Company.
"Article V xecuton of Obligations and Appointment of Attorney- -Fact
Sect-on 2.Appoir anent of Attorney-in-fact.The Chal-nan of the Board of Directors,the president or any Executive: Senior or Group
Vice President may,from:firne to tirne, appoint by written cer sates attorneys-in-f ct to act in behalf of the Company in the execution of
pciicies of insurance, bonds, undertakings and other obligatory instruments of like nature.Such attorneys-irt fact,subject to the it nitatioris
set forth in their respective certificates of aut,ority, shall have full power to bind to Company by their signature and execution of any such
in-wt-urnants,and to attach the seal of the Company thereto.The president or any Executive, Senior or Group Vie president may at any lime
revoke all power and authority previously given to any at arney�i^-fact."
This Powder of Attorney is signed and sealed by tacsimiie under and by to authority of the foilowing Resoiuton adopted by the Board of
Directors of the Company at a meeting duly called and held on.the 47th day of February, 4993.
"Resoived,t;at the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
aft€xed by facsirni€s or,any ponder of attorney granted pursuant to Section 2 of Article Vl of the By�Laws,and tats signature of tate Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsirrhiie to any certfcate of any such power and any power or
certiI tate bearing such facsimile signature and seal shall be valid and binding or,the Company.Any such powder so executed and sealed and
certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which itis attached,continue to be valid and
binding on the Co«rpany."
ADOPTED FSY TI E BOARD OF DIRE CT:ORS OF NA.,IONAL FIRE INSURANCE COMPANY OF HARTFORD:
It rower of Attorney is trade and executed pursuant to and by authority of the following Resciutio n duly adopted an February 47, 4993 by
the Board of Directors of the Cohnpasy.
"RESOLVED:That tete President, an Executive Vice president;or any Senior or Group V ioe President of the Conor ation may,from time
to time,appoint,by written et�hcates,Attorneys-irl-Fact to act in behalf of the Corporation in the executor,of policies of insurance,bonds,
undertakings and other obi gatory inst-uments of like nage. Such Attorney-in-Fact,subject to the limitations set fort,in their respective
cert-cater of autho^ty,shall have full poorer to bind the Corporation by their signature and execution of any surf^Instrument and to attach
the seal of the Corporation thereto.The president,an Executive Vice President,any Senior or Group Vice President or tie Board of Directors
may at any time rewire all power and authority previously given to any Attorney-an-Fact."
Tttis rower of Attorney is signed and sealed by facsimile under and by the authorfty of the fc€€owing Resolution adopted by the Board of
Directors of the Company at a thee.9 duly called and held on the 47th day of February, 4993.
'RESOLV"ED:That the signature of the coresident,an Executive Vice President or any Senior or Group Vice President and the seai of
the Corporation may be affixed by facsimile on any pourer a attorney granted pursuant to the Resolution adopted by this Board of Directors
on February 17, 4 993 and tate signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsirn;!le
to any certfcate,of any such pour, and any power or certificate bearing such facsimile signature and seal shall be va€d and binding on tie
Corporation.Any such pourer 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*.o be valid and binding on the Corporavon,'
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✓A/
State ,f CATT A ORN 1A
'Cc by of LOS ANGELES
NAIM'E. T,i E OF OFF! IE wA E DUE. INO s RRY PU B L--A
pror; :ly appeared
Pamela L. Stocks
NAME(S) F !CaNER( )
f personally known to me – OR -d (—) proved to me or, the basis of satisfactory evidence to b
the per onW, whose name(* is12 ubscribed to the with r, instrument and acknowledged to me that
'she executed the sag in Wz1her/Ratt authorized capacity rid that by . Sherr `.
signature(a) on the instrument the persong, or the entity upon behalf of which the persor(t acted,
executed the instrument.
_
IT my hand and officialseal.
s
Notary Pu c-coffornia
WA AnQaies Cwt �� �UTF
NOTARY
My Co m.Expkm Ju,Z 2=2
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.
A ACrrY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
. COR RAL° OFFICE
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
GENERAL
NUMBER F PAGES
A oR EY lN=FAC'
TRUST (S)
UARDIANt ONSERV TOR
OTHER
DATE OF DOCUMENT
SIGNER IS ESENTI G.
NAME OF PERSON(S) OR ENTITY(IES)
ican Casue-ty Cor an
Pennsylvania ABOVE
SIGNER(S) OTHER THAN NAMED
Tax Collector's OfficeMham i. Pos;acak
Contra COU'rIty ax CoHec,
625 Court Sueet Costa Joseph L. Martflnez
=Ihance SuOding, Rccrn, ',00 Assistant-1a)( Cof;ectof
P.O. Box 631 uoun-,Lcy Nancy L.Webster
,10 arl�,nez, CaliforniaCaVcf-nia 94553-1280 Ta.,Collections Staff manaae
(925) 646-4122
(925)646-4135 FAX
josiyn! Mitcwf
Property Tax Superv!so,,
Date: 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 --ertifythat I have examined the map of trio proposed subdivision entitled:
Tract I MS # CITY TR.A.
8254 SANPA." 66026, 66376, 663752
Parcel #222-020-001, 222-020-0021 222-0020-01033, 222-020-004, 222-020-005
222-029-006 2229 04^1-'-007 222@0 ,q-0i 222-020-009
m
and have determined I ro +, e o�,Filciaf tax records 1.1,at re are no unpaid County taxes
heretofore levied on the p,,Oper-.y included in V-* map.
1-he
tax Hen has been paid in, fuli. Our estimate ofshe
tax lien, which became a lien on the first day of
January, 199101 is $283.700.00
his tract W,/ is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, t1he
original principal to calculate a segregation is
amount calculated is void 30 days from the date of this letter.
Subdivision and must be presented to the County Tax collector for review and
approval of adequacy of security prior to filing with thge Clerk of, the Board of
Supervisors.
WILLIAM J. POLLACEK,
Tre��,,Z��,, 11,ector
SUBDIVISION AGREEMEN7
(Government Code 566462 and 565463)
Shapell Industries o-f N. California
Subdivisl= r� 8254 Subdivider. a division of Shapell �Industries, Inc.
Effective DateF 0-1 Completion Period: year
THESE SIGNATURES ATTEST TO THE P.4.RTIES'r GREEME T HERETO,
CON;RA COSIA C-Q ,TJ-Y P-F111
2,Michael Watford,Public Works Director — -
i
tz:nam dee)
MEN
-ED Daniel N-1 anc -K
Vice President
mJ
By:
a
vI >en, Services Div:sion (?Jin:rsmo a ,�, o v o
Assistant Secretary
ZQ31M APPR D: Victor .Westman,County Counsel �C'N: .ill sigratums to be zcknowlt-d3ed. '`Subciv;der is i eo-:dialed,
signatures must Confor~with the denigrated MD eser.;aiive groups;?'oMUO na io
Corpomtions Code 5313.)
I. PARTIES&DATE, Et ecfve or the above date,the Cauri y cf Contra Costa Califon is I~errin ager called and the above nen°oned
d v, r,rn> dally proruise and agree as follows concerning this subdivision:
2. JVl-RQ z—itr°FN"S. Subdivider agrees to install certain road in;provernents(both public and private),drainage it�provernents,sigias,street
l: its, fire by ran-s lac sca-=.,g, and such other ;in overnents (including a punenant e u'prnentl. as required in the improvement `ans for this
subdivision as reviewed and on fie with the Contra Costa County Public Works DeparL-hent and in conf-b- ance with the Conte Costa County Ordinance
Code(irc€udirg funure arnerdrnerits thereto).
Subdivider shall cornriete said work and improve-nests(hereinafter called"work")within the above completion period`ronin date hereof as
required by the Caiiforn is Subdivision Map act(C.vein sent Cade SS664'0 and fallowing),in a good worknarlike-n..riner,in accordance with accepted,
Construction practices and it a rnwLner equai cr superior to t-ne requirements of the County Ordinarce Code a.%id ruiings;made thereunder;and where there
s a conflict between the itr_provernent plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT S".-CUR--Y. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code S66499,and.the County
Ordirar_ce Code,provide as security t6 t e County:
A. For Pc—forrnarcc and Cr ara tee: S j.Js 697 a Q asa,phis additional security,it the arriounb of S �
which together total one hundred percept(100%)of the estimated cost of the work. Such additional security is presented in the form,of.
-- -- Cash,cer ifled check or cashiers check.
Acce„ta'oie corporate sureryy bond.
Acce^table irrevocable':eater of credit.
Wt t'rh this se-=-i`.y,the Subdivider guarantees performance under this Agreement and rraaintenance of the work f r ore after its W:"rp-ied.,o
3
and acceptance against any defective workmanship or mweria,ls or any ansa""factory perfortnasnce.
B. Fur Pavr~ent: Secur ty it thr arr.our.t of 678"000. which is a I?y percent(SO%)ofthe es lasted cost of the work.
Such security is presented in the for—,of:
-- Cash,certified check,or cashier's check
Acceptable cerate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees Payr rent to the contractor,to his subcom actors,and to persons ren-ung equipment or furnishing
labor or materials to:cera or to the Subdivider.:,'por acceptance of the work as cornpiete by the Board of Supervisors and::porn request of the Subdivider,
the amount securities tray be reduced in accordance with S94-4.406 and S94-4.409 of the Ordinance Code.
4. OI.7ARANIEE AWA`USANT+'O: Ut%QBL<. Subdivider guarantees that said work shall be free gore defects.nn ma:ena€or work.—narrlshiD
and shall-adorn:sedsfactori y for a period of one(1)year torr and after the Board of Supe-visors accepts the work as complete in accordance with
Article 46-4.6,"Acceptance,"of'the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,any defects•in said work.
Tine guarantee period docs rot apply to road improvements for private roads which are not to be accepted into the County road systers.
5. PLA?_-ESTAJ�L<SHMEN i WORK Subdivider agrees to perform establishment work for landscaping installed under this agreelrent. Said
plant estab ishrre:nt work shah consist of adequately watering giants,replacing unsuitable plants,doing weed,rodent and other pest control and ou er
work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishtnetnt work shall be perfor-r sed
for a period o=ore(;)year frorn and after the Board of Supervisors accepts Erse work as cormplete.
6. di''ROVEMENIT Pr Aft WARRANTTY. Subdivider warrants the the pians for the work are adequate to accomplish the work as
prorznised in Section 2 and as rewired by the Conditions of Approval for the Subdivision. if at any time before the Board of Supervisors accepts the
wort;as cornp`rete or during the one year guarantee period,said improver>neat plans drove to he inadequate in any respect,Subdivider shall make whatever
changes are necessary oaccomplish the work as promised.
7. NYQ WAiVEC BY COI.N'Tv. Inspection of:hie work and/or mnatenals,or approval of work and/ormaterials or statement by any o icer,agent
or employee of the Connnty i:ndicatirg the work or any part thereof complies with the requii errnernts of this Agreetn.,ent,or acceptance of the whole or any
part of said work and/orrnaterials,or payments,therefor,or any combination or a'•1 of these acts,shall not relieve the Subdivider ofhis obligation,to fui all
this agreernennt as prescribed;:nor shall t he County be thereby be stopped from bringing any action for damages arising from.he failure to comply with
any of the terms and conditions hereof
S. INDE':+vINITV: Subdivider shalt hold harmless and indemnify the indeirnitees from the liabilities as def?r cd it this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,
cm-nmissions,officers,agents,and er:nployees.
B, The ljaiiitie-protected against are any liability or claire 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 be?ore the County reviewed said improvement prams or accepted the work
as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and c€air as.
C. The actions causrrn�liability are ally act or of iissior (negligent or non-negligent)it connection with the rat ens covered by this
Agreement and attributable to the Subdivider,contractor,subcontractor,or any ofaacer,agent,or e rpioyee of one or:more of then;
D. NQ:Conditions: The promise and agreement in this section are not conditioned or dependent Qin whether or:not any Indeirnitee hos
prepared,supplied,Cr approved any plan(s)or specificanior(s)in connection with this work or subdivision,or has insurance or other indemnification
covering any of these matters,or that the alleged damage resu€ted partly form any negligent or willful rnisconduct of any Indemnity.
9, COSTS: Subdivider shall pay when due, all the costs of the wont,including inspections thereof and relocating existing utilities required
thereby.
10. x. Subdivider shat`:set and establish survey rnorumerts in accordance with the filed trap and to the satisfaction:of the County Road
Co.nnmissio ner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
1 i. NON-PER=ORMANCE AND COSTS:if"subdivider fails to compete the work within the time specified in this Agreement,and subsequent
extensions,or fails to rn aintai the wo-k,the Cou n y may proceed to complete and/or mai:itain the work by contract or odherwise,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 deQnd.
Subdivider hereby consents to entry Qin the subdivision property by the County and its farces,including contractors,in the event the County
proceeds to complete and/or maintain the work.
Once ac on is taken by County to complete or tmaintain the work,Subdivider agrees to pay all costs incurred by the County,ever if Subdivider
subsequently completes the work.
Should County sane to compel performance under this Agreement or to recover costs incurred it cornpleting or maintaining the work,Subdivider
agrees to pay all arorney`s fees,and all other expenses of litigation incurred by'County in cornectioin therewith,even if Subdivider subsequetnt?y proceeds
to corrpiete the work.
12. °'miCOgRPORA--O.i/ANNEXAT ON. l`before the Board o Supervisors accepts the work as complete,the subdivision is included in ternto:y
incomorated as a city oris annexed to ar existing city,the County's rights under this agreement and/or any deposit,bond,or`leiter ofcredit securirg said
r,gh is shall be transfer-ed to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulf"ili
all the tears of this agreement as though Subdivider had cor:ta acted with the city originally.
D. 12ECORD, MAP. In consideration hereof County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision,.
RL:mw
C:1 W.NntO W S\?EMP\gwp.nnt�A:s•30.doc
Rev.Febr awy 4,1999
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C).,rWFORNIA ALL-PURPOSE ACKNOWLEMMENT
"aliforr.ia
State 0�
Sazn�lea Clara
Or. August 3, 1999 _bc-for me, A. Fluken , Notary PlIblic
e
14'�U�c 7ft of Offl-tor "icne 006.NWRIV Pu"i!d')
-ersonaliv, acpear d Dan4Lel W. Hancock and J.C. T–ruebridge
perSona!iy known to me–OR– proved to rne on the basis of satisfactoroy evidence to De th a person(
whosename(sl isiare subs&bed to the within instrurnen,
and acknowledged to me t1lat he/slie/they executed tea
sarnein his/her/their authorized capaciMlesl, and that by
LfN'D A.FLUKEN his/her/their signature's� on !o�,,e instrument the person(s),
Comm Ission 159356
olaP17C Calf
or e entity upon behalf of which the persons) acted,
N �y UD - ornia he
.;'my e
xacuaeeoi thc sI ment.
Sonia Coo
kloy Cvr.E>q:;,res Oct 23,20010
WFINES S my hand and official seal
OP71dNAL
rhougor, r?v i7forma!ion below is not revered by law, it may prove valuable:o persons refying ort the document and coulcr or6vent
frauduient removal and reattacrolment of this form ro ancther document.
Description of Attached Document
I or
:toe Type of Document
Cocurnent Date: Number of Pages:
Signer(s) Cther"'! an Named Above:
tles' Claimed by Signer(s)
Capaciy(I
Signer's Name: S Ig n e r's N a m e:
E €n d;:viduo a I lr..QHviduai
XX
Corporate ^fter Co orate Officer
TiVe(s): Titlei's):
Generai Partner— }mil-.edd 7 Gererai
Limi4ed ite
E–
//t. II Artorney-in-Fact
rustee I m rustee
i Guardian. or Conservator
Guardian or Conservator 61MEX,941WI
ARM
I Other:
"h er: i Too of tnumb-)ere i top of zriufro�Iere
Sgroer ;s qie�resentirlg: X
Signer !s Representing:
'^-95 Na'nwal Notary A ssoclanon 5235=armmet Ave..P.O.Box 7184<Canoga Park.CA 91,309--184 proa,No.590- Aeorcer 1-800-876-0827
P�'CI AL Td g SSE Qv\.dE'�$S AI $
shapeii i :^; Frs} me:'i'ca 7fLi
Ca!forma, A DM;s'loo of Supe l Company of Read:Mg, PA
3 366 i;Iow Way 76
1vu'�ert�;y`�=;,iTas e iev ' 2 t����`eC�l�'^u Vee: �:.`A
,; r
CA 95035 CA CA 91367
A Sam Word^n AtIm Sond cepa;-rrerst
- - 926-356-7026 818-713-2035
BOND NO. 92900-7455
P is $1;986.00
BON'S AGALNST TAXES
KNOW ALS, <N BY SSE PRESENTS:
THAT •S' ..a'�.1'e:l I t# 6i"ids of Norzham.CaUfornia,A:)':vision of Sl?3pe%; 3Mdust"385, iric . std 'c%'a:and
� etyf America a Casualty Com ar, c.'
s _ a coTp z
o.gazed and existi��g aider uhe taws of tte state of aad authorized to
tr.sac:szety bus i-nezg�a Cam` a as suety are held and firmly bound°-to the Cc-s'ty of Ccn$r a Cos,.?,
Sate of califCmia, .in theD3Eaa:sum o wo i.<,,;n Bred wig^ 1�t31tarS/,t-. 283,700.00 � to beepaid to said County of Contra Costa,for the payment of which will
and
t�', y be made, we and each. of as bi-d ourselves,o=.heirs,executors,administrators and bm=essors,jointly
and severaI y> f1rally by gest presents.
Sealed %ith ma seals and dared this 26 day of V IJV
1999
hw ccuditim s of the above ob]Ugation is sumn `;gat"AIffiRRAS, the above bonded principal is amt to file
a pcn
,stied
S lbdiv;sion 8254 Chat Bridge
_ and
ve'sg a subdilalision of a tract of;?&id i-said Cc,unty of Contra Costa, a:d thtre ex e ceztain ii em far taxes
and sedra:assessments collficted as taxes,against the said tract of land coverad by said map,which taxes
and sped--.'a:assessor is collected as tomes,are not as yet dae cr payable.
Shape#;Industries of Northern
NOW,, = k ORE, if the said Gsiiforn�a,A Divlslon of Siiapall Indus—.€es,Ina shall pay all of taxes Baal
special assessments mlaec€ed as taxes Y7d icb..,are a lien against said tract of land covered.by said map, at the
L* c f Ln wig of said map of said tract,then this obi gation stall be void and of o effect, --them it
scall re 1.its fa:for_ce and, effect. Shays?i';ndust-�es of Northern
0a l?ornie,A Div sion of Shapel;industries,fne ,
(Approved St=T)
---16&/ 01 a,-1�4y
by Prmclra:; �--A
.?eri a �aassualty Company of Reading, PA
(Aaac .Ad ow4 ger t
b v sd ret /l' J fie Y.
�._ - -
Pa .aa .�;;ts suety
YB . �
POWER OF ATTORNEY APPOINTING INDIVIDUALATTORN EY-IN-FACT
Know All Yen By The".Presents,That CONT'NENTAL CASUALTYCOMPANY,ant Illir-oisCorporation, NAT:0NALFiR;_: NSURANCE
CONiPAN*Yr)FHAR`!';:ORD, a AMER-
ICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a.Pennsy;van,'.'a
corporation(here,~;coliectivey osiled'the CCC Surety Companies'), are duty organnized and existing Corporations ha'Ang their principa;olf'ces in
the City of Chicago,and State of lllinois,and that th*Y do by virtua of tile signature and samis herein fixed riereby make, constme and aPpoint
PamsIa L. Stoc€�s, individ'ua;#y
,of Sherman Oaks: Caiftmia
their true and;a a#Attorney(s)-in-Fav w+L,full power aced author"y hereby conferred to sign, ssai an' d execute for and or,their behef bonds,
undertakings anid other ob`i atoy strum
7 �
in ents of s3m�&r na-
,ge
'!n Uni" ad Amounts-
M!t
and to bir'd them. "- reby as ful"'and to the same extent as if such instrumerft were signed by a
',ft authorly hereby given are hereby ratified and confir"..ed.
2I�2.1*acts of said Attorney, pursuant I W*auti-orIzed offter�__G'Wr cv-13112-3ons and
This Power of Attorney is made and exaclftad pursuer,',to and by authority of the By-Laws and Resolutons,printed on the reverse hereof,
duly adopted, as in.d.iceted' by th.e Boards of Directors Of�e Corporations.
In Witness Whereof;the CCC Surety Corripaniss have caused ease presents to be signed by their Group Vice presiden.t and their
corporate seaIs to be haretc affixed on this 23rd day of February 1999
CONT!NENTAL CASUALTY COMPANY
NATOVAL F!RE INSURANCE COMPANY OF HARTFORD
AME CAN CASJAL_vC'OMPANY OF READING,PENNSYLVANA
AI
State of Winois, County of Cook,ss: Marvin J.Cashion Group Vice President
On.this 23rd ' day of, February ; 19'99 ,before me personMiy camsMarvin J. Cash;on,tic me—Kn-,v,-,,vvno,being by rye duty swern, did de se and say:that he resides in viia City of Chicno, State of
he is 2 Group Vice President of CONTINENTAL CASUALTY COMPANY, NATiONAL FIRE lNSURANCE COMPANY OF HARTFORD, and
AM.ER!CAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which exevitied the ao-ove irztruMqp.+;that he knows tdne
seals of said corporations;Ithat the seals a fled to the said instmmsnt are su0n.,00rponate seals;that they were so affixed Dumuarit to authon'ty
given by',he Boards af Directors Of said corporations and he signed his name thereto pursuant to iiks author y;and ac'knovAedges same to
be the act and deed of said c*=, rations,
,Jo
AUC
My COMMission"=)Pires March 6,2XO MaryJcAba;l
CERTIFICATE
Mary A.RiNkawskis,Assistant Secretary of CCNTINENTAL CASUALTY COMPANY, NATIONAL F.:RE INSURANCE COMPANY OF
� RD
HAR7O ,and A-MERICAN CASUAL-YCOMPANY OF READING, PENNSYL`VANA do hereby cW,-tlfy atthe Power of Atto,-'my herein
above set forte is bt-II in force,and"Wftr ior mat the By-Law and Rewiubon of the Boarc,;of Directors of each 00-peratan printed on'Une
reverse hereof are sfilI in force. rn testirnany whereei have hereunto subscribed my name and affixed the sea;%of the said corporations
this 9 day of
CONTINENTAL CASUALTY COMPANY
NAT;ONAL FfRE!NSURANCE COMPANY OF HARTFORD,
AMER!CAN CASUALTY COMPANY OF READING,PENNSYLVANA
SEAL
Mary A. Ribikawskis Assistant Secretary
AuthorizingBy-Laws and Resolutions
ADOPTED BY T, E BOAR OFD`ZREC`"OR s OF CONTiN \i AL CASUALTv COMPANY:
This Power of Attorney is n rade and executed pursuant to and by authority of the fsaJbV,ng Sy-Law duly adopted by the Board of;"_airs:tors of
the Company.
"Article W--Execution of Documents
Sector,3.Appointment of Attorney-in-fact.The Charman of the Board of Directors,the President or any Execulive, Senior or G:rouo
`vloe president rnay,from time to timet,appoint by written oertificates attorneys-in-fact to act in beharf of the Company in ft axeoutin of
policies of insurance, bonds, unde makings and other obi;a�atory instruments of tike nature. Such attorneys-in-foc, subject to t�e!ir�:itatio rs
set forth in their resile ve certificates of authority,shali have full power to bind the Company by weir signature and execution of any such
instrurnents and to arc the sea;of the Company thereto.The Chairman of the Board of Directors,the President or any Executive. Senior
or Group Mbe President or the Board Of Directors,may,at any time,revoke all power and authority previously given to any attohrtey-in-fact."
This Posner of Attorney is signed anis seated by facsimile under and by the au horny of the foslowrtng Resolution adopted by:no Board of
„e
Direors of the Company at a meeting duly died and held on,the t 7th day of February. 1993.
"Resolved,that the signature of the president or any Executive, Senior or Group i0ice President and tf,e seal of the Co€rpa?y r hay be
affixed by:`acsirnile on any power of attorney granted pursuant to Section 3 of Article iX of ties By-Laws,and the signature e.tie Secretary c-
ar..Assistant Secretary and the seal of the Company may be af4fxed by fac sifnile-c any certificate of any such power and any power or
cwtifioate bearing such:facsimile signsture and sea:shs,!be valid and binding on the Company.Any such power so^executed and sealed and
cer i9d 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 or.,the Company.'
ADOPTED BY'I HE BOARD OF DiPcCTORS OF AMERICAN CASUALTY COMPANY OF READS NG, PENNSYLVAlvlA:
he
This Pourer of Attorney is made and executed pursuant to and.by author y of the following By-Law duly adopted by the Board of Dsreotors of
°, Company.
"Article W--Execudon sof Obligations and Appointment of A,ttorriey4n®Fact
Sector~2.Appointment of Attorney-in-fact.The Chalrh ran of the Board of Directors,the President or any Executive, Senior or Group
mice President may,from time to time, appoint by written oertficates attorneys-in-fact to act in behatf of the Company in the execuior of
poji: es of insurance,bonds,undertaltings and other obligatory lnstrurnants of like nature. Such at`brneys-in-fact,subject tc t,:e?l,^,itati 1
set fortrr in their respective certificates of authority,shali have full,power t✓hind the C,orripany by'Meir signature and execution of any such.
instruments and to attach the seal of the Company thereto.The President or any Executive, Senor or Group lily President may at any t r s
revoke ::power enc authYnt}prevo 3y given toany attorney-in-fact."
This Power of Attorney is signed and seated by facsirnile under and by the authority of the foliowing Reso<.iton adopted by the ward of
D rec ors of the Company at a rneating duty called and held on the 17th tray of February, 190-1
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seai of the Company rray be
affixed by faceirnile on any power of attorney granted pursuant to Section 2 of Mole V1.of theBy-Laws,and the signaturs of'the Secretary or
an.Assistant Secretary and the seal of the Company may be affixed by facsimile to any certiftate of any such power and any power or
cer�,i to bearing such faosimiis signature and seal shall be valid and binding on the Cornpany.Any such,power so executed and sea€ed and
certified by certificate so executed and sealed shail,wt- ,.respect to any bond or underta)dng to which k is attached,continue to be valid and
binding or.,the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL F1PF INSURANCE COMPANY OF HARTFORD:
T his Power of Attorney is triads and executed pursuant to and by authority,f the following Resolution duly adopted on Febnuary 17, 1,993 by
the Board of Directors of the C.ornpany.
'RESOLVED:That the President,an Execs re Vsce President,or any Signior or Group Vice President of the Corporation may,front time
to tale,appoint,by written certtoates,Attorneys-oln-Fa:t¢o act in.behalf of the Corporation in the execution of policies sof insurance,bonds,
undartakir:gs and other obligatory instruments of tike nature. Such Attorney-in-Fact,subject to the limitations set forth in their respedtve
certificates of authority,shall have full power to bind title Corporation by their signature and execu^don of any such insw^ument and to attach
the seal of the Corporation arta.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Direotcrs
tray at any y time revoke all power and authority previously givers to any Attorney-in-Fac?.'
This Pourer of Attorney is signed end sealed by facsimile under and by the ai ithon y of the following Rasoi;tion adopted by the Board of
Directors of the Company at a meeting duly died and held or:tie 17th day of February, 1993.
`RESOLVED:That the signature of tis President,an Executive Vice Presitfent or any Senior or Group!dice President and the seal of
the Corporation may be affixed by facsimile or any power of attorney granted pursuant to the Resolution adopted by this Board of Directors
on February 97, '`:993 and the sigrssture of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile
to any carecats of any such power,and any power or certificate bearing.such facsirrile signature arta seal shat:be valid and binding on the
Corporation.Any such power so executed and sealed and certified by cwtitioate so executed and sealed,shall with raspect to any bond or
undertaking to which 0 is attached,continue to be vada and binding on the Corporation."
State of :sib
Couf, OS ANGE7 ES
of
S'andy Han-Ie "' N ary l��:c 14_
Jul- 2 -: 999 before e, ,=
persorOy appeared Pamela 1L. Stocks
m perso sly r r t —) proved to e un the basis Of sates Cts evidence be
the p rson , Wjose name( isl2msubscribed to the wittiin instrument and acknowledged to ?-,,e that
buj `she.hjtM executed the seas In Wz/her/ftlt authorized capaciltYOSRk Vd that by , rl . ; ,
si natur ) an the instrument the person ), or the entity upon beta f of which the person(V acted,
executed the instrument.
_ WITy hand and o iciai seal.
�commission 10 1,1 SM93 � . r
Notts?I -Lcarfamic SIGNA'd E OF NOTARY C .tr .t OPTIONAL
Though the data below is not required by lww, it may prove valuable 010 persons relying On the d0cum r-t
and could prevent fraudulent reattachrnent of ti,is fora,
CAPACITY CLAIMED BY SIGNER OSSCRIFINON OF ATTACHED DOCUMENT
INDWID AL
i , CORPORATE OFFICER
TITLE(S) TiTLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
�s) ATTORNEY€ -FACT
TRUSTEE(S)
GUARDIANICONSERVATOR
OTHER
A7E OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTi (l )
1 � alt CoMtany
.a 3yl" an-is SIGNER(S) OTHER THAN MANED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
<S'-._i.���:'',,. s._-ti�*.. .._�_�,:^,C_,ti,•.1._� <,.,-_� �.,_�._ti"'�Win.�_..—.�_ti.;.-���'�'�""_`_w,. c,�_�_��`4'(�t`�.._�._��._��— -+�:-�--ti,-�=-
State of
_f Santa c-laX-a
T�
n
3
5r .tet 1,1gel before me, L.; it k. A. Fl, ken ken e...,Notary Pub
pa 6 Name and Tire of Officer(e.g.."Jane Doe.Notary Pu9;ic ,a
persoY aHy appeared Da-11e l W. Hancock
� Nameis)of 5igner(sl
oerso:^3ily known to me®OR d proved to rse on the basis of satisfactory evidence tc be the person(s) a;
whose name(s) is/are subscribed to the within i strurnent
and ec ,now edged to rrie that he/s`":e/they executed thio
`LLiKEDA
se t ii.S/k; Y/3: `t
authorized� e..b3(7 `ea3) wu�.F�'.3.'.Lel A.
"r
1'55346 his/her/their signaturels)on the °pie person" sj,
N9tt3ty U"JiC CC]il� or the ° apo" '"e'^ f of VeE"4ch Me nevrson(s) act u<
executed the nstrut'"en4,
Exr;rm 0&23,2M
A,!TNESS my amd and off ficial seri. r
# stgnatur,or Notary Pubr,c
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying or,tme document and could prevent
fraudulent ramoval and reattachment of this form to another doournef
Description of Attached Document
�i
pp y
-.b9e VES Hype of {..l'. curner�•.t. -
r
v ume?'1 DaaNurriber of Paces:
h
Signer(s) Otter"r^,a"4 Named,above:
Capacity(les) Claimed by Signer(s) 1
' &gner's N re. Signer's AArne
- A>
h t Individual
ndividuai
Corporate Officer %.Iorperete Officer
old€e(s;: Mtle(s):
— Partner— Lirriitea General Partner— irrnited Get'era
r —
_ Attorney-'r..--Fact Attorney-in-Fact
I
- r stee Trustee ^:
—
Gi ardier. or Conservatorn Gua -'an or Conservator
ther• i top of thumb rers ' — �t�fir; - - Top or %-c e,e
a f �
Signeris Representing: j Signer is Representing:
I
I i a
Z t 495 National Notary Association a 8236 Remmet Ave..R.O.Sox 7184-Canoga Park.CA 81305-7184 Prod-No.5907 Reorder Caii Toll-F,ee 1.600.876-6827
04
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 17, 1999 by the following vote;
AYES- SUPERVISORS GILDA, U'_rJ_Ka4A� GSE, DESA VIER AN'DCANN"HATMIULA
NOES: NDN`
ABSENT: NGNa
ABSTAIN: NONE
RESOLUTION O.: 99/410
SUBJECT: Approval of the Proal Map and Subdivision Agreement for Subdivision 8189,
Dougherty Valley area.
T' following documents were presented for Board approval this date:
I. Map
The Final Map of Subdivision 8189,property located ill the Dougherty Valley area,
said map having been certified by the proper officials;
IIm 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 moa the date of said agreement.
Accompanying said subdivision agreement is security guaranteeing con pletion of
said improvements as follows:
A. Cash Deposal
Deposit a ourkt. $11,613.00
Deposit made by; Shapell Industries ofNortherr?California
Auditor's Deposit Perm it No. and Date; DP#335763, July 30, 1999
B. Surety Bond
BondCompany; American Casualty Company of Reading, PA
Bond Number and.Date: 929€ 97461, July 28, 1999
Pe=fornnance Amount: $1,149,700.00
Labor& Materials Am, ount: $574,900.00
PrinClipal: Shapell Industries of Northern California
RESOLUTION NO o a 99/410
SUBJECT. approval of the Final Map and Subdivision agreement for Subdivision 8189,
Dougherty Valley
DATE- August 17, 1999
PAGE -2-
111. Tax Letter
Letter from the County Tax Collector statim that there are no unpaid County taxes
heretofore levied on the property included in said map and that the 1998-1.999 tax
lies.has been paid in full and the 1999-2000 tax lien,which became a lien or., the first
day of January 1999, is estimated to be $19,400.00, with security guaranteeing
payment of said tax lien as follows:
0 'pax Surety
Bond Copany: American Casualty Company of heading, IPA
Bond Nu-nber and Bate: 92909' 454, July 26, 1999
Amount: 519,400.00
Principal. Shapell Industries of Northern California
NOW THEREFORE BE IT RESOT VED that said subdivision,together with the provisions
for its design and inn rovement, isETERMI ED to be consistent with the County's general and
specific plans;
BE IT FURTHER RE SOLVED 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 Dubuc 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
an action taken and entered on the minutes of the
G:\GrpData\E�gSve\20\e999\30 8-17-99.doc Board of Supervisors on the date shown.
Crlg€:nator::ubtc Works(ES)
Contact: Ric:L9erly(3i3-2348)
cc* Public Works-R.Bruno,Comtr:e of ATTESTED: AUGUST -?,1999
T- n-7-17-2000 nn;n ,eo,-=-,
u €cy Development PHIL f3ATCiiELO , Clerk of the Board of
S"ape=1 nidus :es ofNl orWhern-Ca!`ernia, Supervisors and County Administrator
100 N.Milpitas Blvd,MAIp:.ss,CA 95035
Cris -Utb:idge
Sam Wordons
Arne—man Casualty Com p-smy of Reacting,?A,
21650 Cf;ard Street,Suite 750,
Woad?andF,"Ils,CA 91367 By , Deputj
0I ALL-PURPOSE ACKNOWLEDGMENT
c;
,.u1Y 0, 1990 Lr��Qr'� rode A. iR_6 Uh...4 C y '�
Cate *ertrf rua of OY,W*9_
`as as a,�laaay P d!ie) p
x
ersona iy appeared Dar 4 e! Hancock
g Narr�s:os 3ic,�;�!ts;
4 � ^ i y known two me—OR R—-- proved to me On t:°^:e basis of sati as-to evid o to bd i?!���r��t�(S1
g 6 "Cce earne(�� i�ar�subscribed to the Pi°thi, ;ns"n." egym �
�
h
A
and ack';'wied 40 me t ..at ?ie/sh.*.,/they exec 1t�`d the t y
)a9�PY°/�'� i�� t'f fyi�� p fi�yt�(�ya��e ww���a}d+c` ��'���lyr a�'°.�gw�e i:piaaC v�
hi:s/;ier tl,ei sigriawre(s) on the inst? mneme�:}:-gym Px:+�SW- s), w
SS!O'S :159356 .� yr the entity upon behalf of 44arhicn the person(:) acted,
z J 'C9 CiClit Countyexesc tam e i,, t rrE nt,
MY C Orr,nn.Exprim Oct 13,2XIt
WFI-NESS rry hand and official spa.
OP710 AL
�i odgn me:nforrn ion beiovr is not requirad by law, it r ray prove va,uabla to persons raly€ng on the aocumeni and couid:)ravent x
t,audulant removal and reattac,17mant of!his form to anot�w down ent.
Description of Attached Document
7tie or T ype of l:oCutnentt
00curnen+ Date: Number of Pages:
Sigrier(s) Other T ha^ 'flamed Above:
Capacity(les) Claimed by Signer(s)
`
Signer's 'wane: Signe,'s Hare: -- — A
A.
g I indlvidluac i °diVldk i
Coro orate Off Icer ® Corporate Office:"
7,t1e(s): _ 7t a s3: h
Partner �,,tr:ited _ er. . .rt
Attorney-in
_ enPal
tydina bat �=act
_ � a
Trustee _ Trustee
ustee
® :'dia"E or �'fvatuf a Guar
dr�.onserva�to, ffi a
,e
�. ion Of 4fiurb erg 7OA di Yhur�b mere
0#i e,. v ter: 1
--- - --
A
4 Signer ;s Representing: � Signed is Representing:
s `7
\ i }
4
.::`..�=^."-� , .. �._. ,_. , .-."�:.��.. .-�.��.`trti.'_• v"�=�.`:-�.�.a.-. :'�+;'_'y:."•-�,'C'.:`v-�.-<.=�.-�.'a�,.'..`.�.`. _�.'�:-�."'= -n:-`.'.sem �..
Z I q95 Natonat.'votary Amc;ac,on 8236 Pernmv Ave..P.O.30.716.4^Can09a Park.CA 9?309-7184 P=.No.590' Reorder Ca!!'o,?•gree 1-800-87-"827
Subdivision: 8189, Fa con .ridge
Bond o.- 929097461
pre nl i r is $5, 49.00
FOR SUBDrVISION AGREEME TT
(perfon ce, Cyuarantee, and Payment)
(California Goverm-newt Code H 66499 6 66499.;0)
1. RFciTAL of SLBDiyistoN ArREE-mE,,,Te The ±cip has executed an agreement wid,the County to stall
and pay for sheet, drainage, and otiher i=roveinents in Subdivision 189 Falcon Bridge �®
> as specified in the Subdivisior,Agreemient, and to complete said work,within the tirtne specified for
71m.-tion.- e S :„divisi•on..t4greer ut, a .s accordance with Sate and local lavas and r~�,s thertunder
order to satisfy co-ditions for ; of the Final?dap or parcel Map for said Subdivision.
a� l! l c�str; s c�€ alc {ar :cr:c$ a �; ; cs , lav as Principal,and.
�e OBLIGATION. �}corporation
{�+p�(q yiy�
a'a orpo anon oigan�1+112.3
ender the laws of the State o and authoriued to transact surety!)usiness in
California, as Surety, hereby jointly and sever ally bind ourselves, our heirs, executors, administrators,
successors, and assigns to the County of Contra Costa, California to pay it;
One W I€o^one Hundred Forty
A. Performance and Guarantee: Nina 7riousand Seven;4undredDo€ars ( 1,149,700-00
for itself or any city assignee oder the above Co? ty Subdivision.Agreement,
-plus
& ay e to Foo Hundred Seventy our`thousand Nine Hundred ---- Dollars ($__
574,900;40 to secure the claims to wbdch reference is rn ade in '.pine XV
(conrr&nnc:ng with Section 3082) of Fart 4 of Division M of the Civil Code of the State of Cho a
. CONDITION'
A. e Codi*io of thus o v Ygation. as to Section 2.(A) above is such that if the above bonded Principal,
his or its heirs, executors, ad-m�:.i trators, successors or assigns, shall in a:+ d-ungs stand to and ave:e
by, and, well and trl ly keep and perform the covenants, conditions and provisions in, the said
agreement and auy alteration thereof made as therein provided, on is or its part, to be dept and
performed at the time and m the manner therein specified., and in all respects according to their tx ae
intent and meaning, and shall indemnify and save I-Am less the County of Centra Costa (ow city
assignee), its officers, agents and employees, as therein stipulated, then this ob'�:gation shsaal beCol e
null and void; otherwise it shat,be and re-main.in full force and effect.
As part of tl-&obligation secuured hereby and in addition,to the face aunt specified therefore, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assigned) in successfully enforcing such obligation, -,ll to be taxed as oasts
and included in any judgement rendered.
B. The condition of this ob-gation as to ,Section 2.`B; above is such that said Prin cipa and the
u~ndersi ed as corporate surety are held ff=' Illly bound unto the County of Contra Costa and all
contractors, subcontractors, laborers, materia:rinen and other persons employed in the perfo--Tce
o`the aforesaid agreement and referred to in the aforesaid Civil Code for materials fiardshed or labor
thereon of any kind, or for a-.wunfs due under the Une=loyrnent Insurance Act with respect to such
work or labor, that said su,rety wM pay the sarm in an mmunt not exceeding the amount herein above
set forth., and also it 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; successffally 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 band 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 thein or their assignus
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become nuLll and void,
otherwise it shall be and rem it fah force and effect.
Ca No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County s mll relieve any Surety from liabKbity on this bond; and consent is hereby
given to make such alteration without farther notice to or consent by Surety; and the S€irety hereby
waives the provisions of California CivL, Code Section 28M and holds itself bound without regard
to and independently of any action against Principal whenever hers
SIGNED AND SEALED or July 28, 1999
Shape€I Ind stries of € orthetr, California, A American Casualty Company of,Rea.dir°g,
r DM:s€cn o Shape l rdustr'es Inc
PRINK C A L: SURET . ��
Address: Ov ✓rt PIlptaecl�vard Address: 21880 Oxiard Street, Suite 760
City: W: ice. 95o3v r F ity�Wccdland t Ills dip; 91 387 e
Print Na e:
Daniel a cock Print Name. la Stocks
Title: resada �, Title: Attorney-in-Fact
:YEiW
\\PW_'ILSHAt DATWORDW-12.dal-
............................
R
......... ......... ......... ......... ......... ......._ .......... ........... ..... .
............................................................................................................................................................................................................................................................................................................................
_ _ _.. _..... ......... ............................ .........
POWER OF ATTORNEY APPOINTING INDIVIDUALATTORNEY-IN-FACT
Know Ali heti By Thane Presents,"khat CC NTS NENTAL CASUA's,�Y COlU�PANY,ars 11:r���oo�er��a?; NA 1�?NA F!RE NSUR, NCE
COMPANY OF HARTFORD, a Connecticut,corporation:,AMERICAIT CASA A'LwY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
corporation(herein coliectvaly calied she CCC Surety Companies"),ars duly organized and exisvgg corporeons having their,rin}cipai offices in
tie 4i:y of Chic•ag.,and State of iilinois,and ti?at they do by virtue of thg signature an seas herein;a€ed hereby r;ake,const�.��te ann appoint
Pamela L. Stocky. indvdua v
of Sherman Oaks, Califbmis
their true and.awki!Attorneys)-ire-Fact with..full power and authority,hereby conferred to sign,see;and execute for and an' sir behalf bonds,
ur de ztirycgs and o°Ser obi atory ir4tnirnen cf s:n°sl >no,ige
-in:Unlimited Arnoun -
and to hind their thereby as full}and to t.he sauce extent as if such inst-umer were signed by a duly authonzed oifcer of their corporations and
alI the acts of said Attorney,,pursuant-z the aLlhon y hersby given are hereby rat ed and;onfirmed.
This Pou r of Attorney is made and execute pursuant W and by asut5rsfty of the 5y-Laves and Resold cn*, printed or the reverse hareof,
duly adopted,as indicated, by the Soars of;directors of the corporations.
In Witness Whereof,the CCC Surety Companies have caused t hese presents to be signed by their Group`.vice President and their
corporate seals to be hereto a xe: on Ns 23r day of Februa:2 1 1999
CON iNE AL CASUALTY COMPANY
� € NATE OVAL FIRE!NSURAN COMPANY OF LIAR?FORD
A ERlCAN CASUALTY CCMPA 'Y OF REA-DING, PENNSYLVANIA
y
i,
du
g� CPhi
Marvin J.Cashion Group Vice Presider'
State of II inois, County of Cook, ss:
On this_ 23rd day of Fehr+ua- 1999 ,More rags personally carne
Ma-vita J. Cashion,to:°ne known,who,bung by me duly swore, did depose and say:tier,he resines in the City of Chicago, Sate of Illinois;that
he is a Group Vice President of CCi\TNIENTAL CASUAL'I-Y COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and
AM RICAN CAS ;AL'i'Y COMPANY OF READING,PENNNSYL`v'AW described in and wh;h exacu d the above ins nument;that he?snows the
seals of said oorporatons;that the seals affixed o the said instrument are soon=rporate seals;that they were so affixed pL-suant to aut-;orit f
given by'the Boards of Directors of said corporations and teat he signed his narne them pursuant to lane authonsy,and acknowlAdges same to
be the act and deed of said corporations.
Jo
140TH
POUC
My Commission Expires March 5,2000, Mary Jo Ada � Notary Public
CERTIFICATE
Mary A. ftikawskis,Assistant Secretary cx CONTINENTAL CASUALTY COMPANY, NA`f'lONAL File iNSURANCE COMPANY OF
H TFORC,and AMERiOAN CASUAL Y COMPANY OF READING, PENNSY€I.VANIA do hereby oet, mat th*Pourer of A tom y herein
above set fo.Mh is still in.force,and further certify+�hat the By-Law and Pesci on of the Board of,Directors of each corporation printed on 0-1e
reverse heco are stili in force. In to rnony whered I have hereunto subscribed my name and a xed 1he seals of said W.Tora#ons
,his 2 8 Way of July 1 0' .9
CONTINENTAL CA SiUAL fY COMPANY
e NATIONAL FIRE flNSURANCE COMPANY OF HARTFORD
A'.PRiCAN CAS SALT°COMPANY OF READING,PENNSYLVANIA
S. C06)
May A. Ribikawskis Assistant Secretary
Authorizing B -Laws and Resolutions
ADOPTED SY T°iE BOARD OF DIRECTORS OF C ON7N'ENTAL CASUALTYCOMPANY:
OMPANY:
This Power of attorney is trade and executed pursuant to and by autl4 for y of the following By Law duly adopted by the Board of Directors of
the Company.
"Ardole W-Execution cf Documents
Sermon 3.Appointmentof,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 wriften certificates attorneys-ice fact to act in behafff of the Company!in the exacution M.
policies of insurance,bonds, undertakings and other obligatory insturnents of like naturs. Such attorneys-in-fact, sub ect to the iir,itations
set€e h;n heir respective certificates of authority,shall have:Full peer to bind--he Company by their signature and execution of any such
inst-wrtents and to at c,,the seal of the Company thereto.The Chairman of to Board of C€reebors,the President or any Executive, Senior
or Group Vice President or ft Board of Directors,-nay,at any time, revoke all power and author ty previously given to any atwarney-ln faot.°
Th€s Power of Attorney is signed and sealed by facsimile under end by the a°uthorty of the following resolution adopted by the Board of
Directors of tie company at a meeting duly called and held on the 17th day of February, 1991
'Resolved,that the signature of the President or any Exeave, Senior or group Vice President and the seal of the Company may be
affixed by facsirr i€s on any power of attorney granted pursuant to Section 3 of article€X of the By-Lammas,and the signature of the Secretary or
a,ss As,�;stant Secretary and the sea:of the Company may be affixed by facsimi€e to anis certificate of any sures power and arty power c~
�
cerc�te bearing w,;&.fa ir:�tti€e signature and seal shah be valid and binding on the Compar;y.Any sate,power so execute,-'and seared and
cert.r5ed by cartilficate so executed and seated shall,was respect to any bond or undertaking to which it is attached,continue to be valid and
binding on the Company."
ADOPTED BY T=E BOARD OF DIRECTORS OF AMEriCaAN CASUALTY COMPANY OF READING, PENNSYLVANiA:
This Power of Attorney is made and executed pursuant:o and by authority of the following By-Law duly adopted by the Board of Directors of
the Company.
"Article W�xetlu ion of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointr-tent of Attorney-in-fact,The Chai-nan of the Burd of Directors,the President or any Executive, Senior or Group
Vice President may,from time to time,appoint by written certificates attomeys-in-¢act to act in behalf of the Company i;�the execution of
policies of insurance,bonds,undertakings and other obi'sgatony instrurnents of like natures.Such attar Heys-:rll fact,subject to°fie€i€nitatio^s
set forth in their resPectivs certficates of authomy,shall have fu€I power to bind the Company by their signature and execution of ars such
ins-bumerlts and to attach:the seal of use Company thereto.The President or any Executive, Senior or Group Vice President May at any time
revoke a€€;:ewe:and authority previously given to any attorney-in~fac."
This Power of Attorney is signs#and sealed by facsimile under and by the authority of,the following Resolution adopted by the Board of
Directors Qf tine Cornpany at a meeting duly c miled and held on the 17th day of Februa^y, 9993.
'Resolved,that the-signature of the'President or any Executive, Senior or Group Vice President ar^d the seal,f the Company rray be
aftec by facsimile on any power of attorney granted pursuant to Section 2 of Article V€of the By-Laws,and the signature of the Secretary or
an;Assistant Secretary and the seal of the Ccr:pany may be affixed by facsimile two 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
certfindd by cert-ficate so executed and sealed sha€€,with respect to any bond or undertialdng to which it is a ched,continue to be valid and
b ndinq on the Cornparry."
ADOPT ED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE 1NSURANCE COMPANY OF€ ARTFOR0:
This 7-ower of Attorney is made and executed pursuant to and by authority of the fo€€owing resolution duly adopted on February 97, '993 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,frorn time
to time,appoint,by written certfiloates,Attorneys-in-Fab to act in behalf of the Corporation n in the execution of policies of insurance,'pontis,
underl.akings and other obligatory instrurnen;ts e like naturs,Such Attorney-in-Fact,subject to ft limitations set forth in their respective
certificates of autiority,shall have f-dl power to bind ti^a Corporation:by their signature and execution of any sect;listrurrent and to attach
the see!of the Cotporaton thereto.The President,ar,Executive Vics 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 cf,he Corrspany at a meeting duly called and held on the 97tr,day of February, 1993,
"..E sC LIVED:That the signature of the President,an Executive Vile President or any Se;?or or roup ince President and the shat of
the Curpe*atio~:may be of ed by facsirniie on any power of attomey granted pursuant to use Relaci tion adepted by this Board of Dire--tors
on February 97, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may€e afFxed by facsirrills
to any certificaute of any such power, and any power or oertifoats bearing such fa: lrnile signature and seal shall be valid and binding on use
Corpo:at<on.any such,power so execited and sealed and certified by certificate so executed and sealed,shall with respect to any bond or
undartak,,ng to which it is attached,continue-be valid and binding or,the Corporation."
State ct CAL1FQRN1A
Courtry LOS ANGELES
v 2v beta Sandy llanner m Notary Public
s e e,
08?a NAME, `";TLE OF OFFICER- ",SANE LCE, N(DIT RY PUBLIC
personally appeared — Pame-.a L. Stocks
NAME(S) OF VL NER(S)
(x) personally known to me - OR - ( ) proved tome on the bests of satisfactory evidence to be
me person ) whose nage( ist� ubscrrbed tca the within instrra mens and ackno Hedged to me ;l et
M�gshelkM executed the same in x/her/gats authorized capacity 0,land that by N.Whenqfw
s gnature < on the instrument the person 1, or the entity upon behalf of which the person(so acted,
executed the instrument.
SAN
�s p.�[ I NEE4 y hand and official seal.
y+ a7d9d Q'�S S HM}��g.2gF[gg J t
# f..a'�^�`!-ml #� I!W693 y ✓gyp`
' IE OF NOTARY
Jul 2,
Though the data below is not required by Isw. It may prove valuable to persons retying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AT7ACs4ED DOCUMENT
INDIVIDUAL
( CORPORATE {OFFICER
TITLE(S) TITLE OR 7YPE OF DOCUMENT
PARTNER(S) LIMITED
(, } GENERAL
NUMBER OF PAGES
(x ATTORNEY-IN-FACT
GUARDIAN XONSERVATOR
(-� OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTI� (IES)
(Covetn,mertt Code S66462 and 566463)
Shapel` Irldustrlles of N. Cai—lf.
Subdivision: —8-18 189 Subdivider.. A diyri.slo,i of Shape-ll i:tdustrie, In.^.
t
Effective Date: - Completion Period. I year
THESE SIGNATURES ATTEST TO THE PART S'AG ENIENT HERETO:
Q.�f`TR—A'-T&�A
J.Michael alford,Public Works Director
By: is °� �� s
bm`•rxr� tilie} ad /� /
C MMEND= -F^ � Vim"- ��'-ce Pres-detrty. 1
n iii ices Division i J
2SC53 { rrcrame� zSeCo a�ueby�dge
Ass-4stsarit Sec eltar
A PRO' n: Victor I.West-man,CountyCounsel OTE: Al! signatures to be aclmo-, ledged. If Su�div: r " in
t� de. :s incorporated,
signatures Must conf'om,with the designated representative groups pjdrsUjrt to
Cot°pomnons Code S3I3.)
FAJRTIES&TA 7 P 11fective cw the above date,the Courty of Contra Costa,California,hereinafter called'IC- °,and the above-r:entioned
Subdivider rnu ivai y pro-rise and agree as follows concerning t~sis subdivision:
. JIM P yiv„l d` NN IZ Slibdivider agrees to instal certain road improvements both public and private),drainage<.srproverrents,Sigr"s,
street
iigh;ts, fire hyenrnts, land scar og, aid such oases .:rriprovernents (`Pcluding appurtenant, egtiiprriert? as required in the innprovernent plans ry this
subdivision as reviewed and on file with the Contra Costa County Public Works Deparnnent aid In cor:fo-nance with:the Con ra Costa County r,,1`rd."ne.e
Cade(irclud ng future amendments thereto).
Subdivider shall complete said work and •rnproversents(hereinafter called `work")within the above completion period from date he:eof as
required by the Cali`bmia Subdivision asap act(Covwrnment Code SS66410 and following),it a good workmanlike mar,r;er,ins accordance with accepted
construct on practices and in a r•sanner equal,or superior to the requirements of the County Ordinance Code and rulings:<ade.hereunder;and where here
is a dote ict bemieen the irLproverr:ent pl=,s and the County Ordinance Code,the stn-,-ter requirements shall governs.
IV ` l/ Leon xecu.tr�g t,..,Agrecmienr,the Subdivider shall,pursuant to fovea�r e st Code S66499,are the County
2. �. r °" t a o d, a
Ordinance Cade,provide as securit;to the County:
A. t�or Perf^gnmance n C arae tee° 11�613- cash, l us additio sal securi y,it the art our t of S 7 a
which together Iota:ore hundred percent( 00%l of the edtimated cos:of tate work. Such.additio"-na se un y:s presented in the form i of:
Cash,certied c'rseck or casirfers chec�.
--pX— Acceptable corporate surety bond.
Acceptable irrevocable erter of credit.
with#Ns security,the Subdivider guarantees perfonrance u^der:itis Agreement and i a renarice of the wont for one year af.er its co"MZetrorr,
and acceptance against,any d6ec.ve workmanship or materials or any unsatisfactory perf'orrnwrrsce.
B. F ap Pavrt-el,': Secur i y in the amount of S 24.9,rQ �r t:c�:S��y percent is>�°f�?b tie es Stec?cost of ttse v�csrk.
Such security is presented is the forst of'.
Cash,certified check,or cashier's cheek
4 Acceptable corporate surety bond.
Acceptable i-rdvacable let er of credo..
With this security,the Subdivider Viarantees payment to the contractor,to his subcontractors,and to peersons renting ecu pment or fu nishing
labor or material's to them or to the SubdSviden Upon acceptance of the work as complete by the Board of-Supervisors a-nd upon request of the Subdivider,
the amount Securities may be reduced in accordance with;S94-4.404,and S94-4.4108 o'the Ordinance Code.
4. GUARANI —=ANIQ WAPRANTY F4'a�O , Subdivider guarantees that said work shall be flee fTorn defects in rnaterial or workmanship
and h r rf e sf ° 'y f period of one(t)year from and after the Board of Supervisors accepts the work as complete in accordance with
6atLS shall er orm sa_,._acbora: for ry
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 in provernents for private roads which are not to be accepted into the County road system,
5.
PLANT WORK. Subdivider agrees to perform establishment work for landscaping installed Lander this agreement. Said
plart establishment work shall consist of adequately watering plants,repiacing unsuitable plants,doing weed.,rodent and other pest,control and other
work determ'red by the Public Works Department to be necessary to irsure establishment of plants. Said plata establishment work shall be pe-frorrned
for a period of one(i}year from and ager the Board of Supervisors accepts the work as complete.
6. TIMER01Y TENT LN 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 Sttperviso-,b accepts the
work as complete or dunng the one yea-• guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall:naive whatever
changes are necessary to acconnphsh the work as promised,
7. inspection o,the work and/or araeerials,or approval of worm and/or trateria:s or statement by any officer,agent
or employee of the County indicating the work or any part then of complies with the reallue:anen¢ts of this Agreement,or acceptance of the whole or any
parr;of said work and/or materials,or payments,ti erefor,or any combination or all of these acts,shall rot relieve the Subdivider of his obligation to fulfill
this agreement as prescribed;nor shalt,the County be thereby be stopped frorn bringing any action,fol°damages arising from the failure to comply with
any of the terms and conditions hereof.
g. 1NDy7�NlTv: Subdivider shall hotd harmless and indemnify the indemnitees from the liabilities as def red in this section.:
A. Ther dgr--pities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,
commissions,officers,agents,and employees.
13, ane liab;inti,s 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,dead:,property damage,inverse condemnation,or any combination of these,and regardless of
whether or not such liability,cla rn or damage was urforeseeable at anytime before the County reviewed said improvement pians or accepted the work
as complete,and including the defense of any suit(s),action(s),or other proceedings)concerning said liabilities and claims.
C, 7he actions ccads?re are any act or omission (negligent or non-negligent' in connection with the matters covered by this
Agreement and attributable to'he Subdivide,,contractor,subcontractor,or any officer,agent,or e-.aployee of one or more of them;
D. Non-Condit;ons: The promise and agreement in ttais section are not conditioned or dependent on whether or not any Indern nitee has
prepared,suipp;ied,or approved any plan(s)or specifcation(s)in connection with this work or subdivision,or has insum. rice or other indenniai"cation:
covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any indemnity.
9. 90S 1 : Subdivider shall pay when due,all the costs of the work,including ins.ections thereof and relocating existing utilities required
thereby.
'0. SURA YS. Subdivider shall set and establish surrey moruments in accordance with the filed reap and to the sat sfacb on of the County Road
Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
i I. �N-P-E—C�RVMANCE AND STS:If subdivider rails to coir piete the work within the erne specified'In this A,gmerrae£at,?-nd 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 ail costs and charges incurred by the County(including,but not litnited to: engineering,inspection,surveys,contract,overhead,etc.;irranediately
upon demand,
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the Cou=nty
proceeds to complete and/or maintain the work.
Once action is tauten by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by tine County,ever if Subdivider
subsequent'lly completes the work.
Should County sue to cocnwel perfornnance tinder this Agreement or to recover costs incurred in completing or maintainirg the work,Subdivider
agrees to ray all aaorney�s fees,and all other expenses of litigation incurred by County in connect on therewith,even if Subdivider subsequently proceeds
to cUmwlete the work.
l2. N &�PORAT QN N 'C3 . I`before the Board of Supervisors accepts the work as complete,the subdivision is iia&,area it err tory
inco-porated as a city o: -is annexed to an-existing city,the County's rights;ander this agreement and/or any deposit,bond,or letter of cued secu ,g said
rights shall be transferred to Looe new or annexing city. Such city shall leave alt the rights of third party beneficiary against Subdivider,who shall fulfill
a i the temps of this agreement as though Subdivider load contracted with the city originally.
EEC
Q _MAP. In consideration hereon County shalt,allow Subdivider to file and record#tae Final Map or Marcel Map for said Subdivisic^.
RL:mw
CAW'
Rev.Fgbmwy 4,1099
,CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT J
„�.r.�-.�* ^...W.w"_a_...�..`.�"w_...._.^� 4...��."».��.�`..--v `"L".;Ct�.'^"K�"`t'.�L^'- ':.�*�',f"p'�.'"'n .�� gv+firm,�/�,�-*•�,<'*„y�C'�e^,�'�,€�w„.,^, -,y^✓`,e�`C`,^�.�.
" : 1
Sate of � �a
un # Sanw.7a? Clara
bti. .3v .E. — .. "^e `d
to
er ,ee.�a Notary _
o ..
h D8.3
e on iiy �
Daniel a"d k HanCoc axed J.C. Truebal�
personaiiy known to me�O —Z proved to rye on the basis of satisfactory evidenceto de tie person(s)
whose name(s) isi re subscribed t the t iflliin instrurnem
and acknowledged to ire rt iheishelthey executed the
,�>;'.:•;.:. ..�-w.,-:��- sa"re in E.itnt,e"rIzed csr',.ac.ty(is)iand that by
yti i terlFl"etr s1 r itsr {a1 on the Instrument th:e person(s),
59356 zs {.� y g b y {� d�" e➢Se eri$I�f ���R bde�i�Ef �f �t�i 4iS i�� �� �di�{��� acted, a
> Z -6*
sonto Cioro 4Cour`ty executed ' i?ia°iarT $.
k ,t CESS my hand and official seal.
signa,turs of Notary Puohc
PVCL
Though the r,for arion baiow is not req,,ired by 1aw, it may Prove vafLabte to prarsons raiying on the document and Go"Uty prevent
ftaucuient removal arra reattachment of this faun to another docurnert.
X De cr ptlor€ of Attached Document
i itle or Type of DocuF,rent. -
a
Document Date: --- �- Number o: Pages:
Signer(s) Otli.er'I"hen Namied Above:
Capacity(ies) Claimed by Signer(s)
Signer's me: i Signer's N r^e:
A
Corporate Officer - Corporate Officer
_. Partner a ...cited e`3nerae � _
— Partner m i i""i$��' General
Ao ney in•Pact A o
irsey�in- sit
ti
Trustee "tt,,;rro
gat S=an or %onservator �, � � uerd;sr or onservator{"'` '+ter: rG} 0{"t'urb riere ':'i
Bigger is RepresertIng: i Signer is epresenti��, h
i L {
h
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4 IM Nannna:No9a y Association M6 Rammet Ave..Rot Box'i84 Canoga Parx.CA 91,309-71,84 Pros.4o.5907 Reoroar dtF'iof;•Pr*e'•8gA•878 382'
TITLE COMTAINY SURETY
S"a?,e;:.! ; 9rS #'` ericar 77-e Arnencan a ty:
mai Tc ..a. A D.v;s n o. Shapei! Company of Reading; PA
355 Willow Way
2'6 50
�• �., nar treat, i ,te
l�i tas C'oncord Woodland Hi is
CA 951035 CA CA 91357
Aii�f: San G"LW" Attn.. Cathy "#'� At:r.: Bond L,m artneni
403-943-9637 925-355-7525 818-713-2035
BOND NO£ 92909`454
PREMIUM: sim.--
UU
f3C3ND AGALNIST TAXES
10�OW ALL NIE BY SSE PRE EIN TS:
THAT Shaper indi�stries of Northern ^,a:torn1;a A Dvlsion of ShapO ind°;,sfires, Evac as Principal and
(S y; Arnercan Cas�alt Com an oead.np, A m»> a alion.
urga.-b zed and existing imnder the laws of the SU-4 of PA and aulh--ized to
transact si ety business�n Ca'f:csmia as s-t'ety are field and-irnily bit and unto the County of Cap,tra Cosa,
State ofCalifornia,in the penal surnof Nineteen 1'-housand Four l°U,1dred QLs l� � Dollars
( 19,400.09 ), tobepaid,&os&,dCvaatyof Contra.Costa,for die payment of whichLI and
be made, we End each of us bind ourselves, oris weirs,ex ttcrs,administrato s sruccesst rs, ic~U
d severally, L- y by 4 e e presents.
Sea:,d%!Lti oto:Seals and dated this 28 day of _jt iy - -
1999
The cmd,tjor.s of the albove obligatiot is s€db,that AREAS, 'tee albove bounded priri^.>l is about to fide
a reap , tle SubdMs:on 8189 Faico-n Bridge
and
covering a subdivision of a tract of lend in Said Co,utty of Ccatra Costa, a-Ld thtze are=rtaia. :i�as for taxes
and special. assessments collected as taxes,against the said tract of land=vered by said.:: p,whiff tastes
and special assessments collected as taxes,x.e not as yet dae Or payable.
Sha* industries of Nwthern
NOW, , if e said CaUo'nia,A DMsion a#Sha peit?nd stries,'!no shall pay wan
aU of"axes d
special assessments collected as taxes which are alien. against sa;d tract of land mvered by said map, at:lie
t-M,x of the 5 g of said.map sof said t act,then this obligation shall.be void,and of no effect,othase it
shall remain in``.11---rce and efftct. Shape!!Industries of Northern �g
esti#urea,A'ivisian of gnapei mdastries,inc
(A oved State
By;
Rrincqnal
,Aua:h AcIcnowledgement - �.
by Prn 8 ,rt*erica ualty Company of Reading, PA
(Attach Acknowledgement
by Szety`
g �
i3A : � � Darn a L. Stocks S-zety
Attorney-in—Fact
BOND REWIEVVED-AIND APPROVED
T _ `3 C)kz
Authorizing By-Laws and Resolutions
AD 0,"TEED BY THE BOARD OF DIRECTORS OF CON'rlNENTAL CASUALTY COMP ANY:
This Power of Attorney is rnade and executed pursuant to and by authority of the folloveing BY-Law duly adopted by the Board of, Directors of
the Carnpany.
"Article IXExecuflon of Documents
Secton 3.Appoir". —aft of Attorney-in.-fao.The Chairman or"t-he Board.-of Directors,the Pres;dent or any xecutive, Senior or Group
Vice President rnay,tom time to time, appoint by wftsn certifioates attomays-in-fact to w.4 in,bwha!f of the Company in the execution of
policies of insurance, bords: undertakirgs and other obfigatory instruments of like nature. Such atlarneys-in-fay,subjeotto the 11-nitJons
set forth in their respective oe"=ates of authorityshar;have full power to bind the Company by their Signature and executor-.,of any such
instn;rrersts and to atmw-,the seal of mthe
the Company Preto.The Chairman of,the Board of Directors,the Pridesi wnt or any Executive, Senior
or Group Vice President or the Board of, Directors, may,at any trine;revoke w power and authonty previously given to any at'tomey-in-fact.'
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following ResoMion adopted by the Board of
Directors of the Company at a rneeldng duly called and held on the 17th day of February, 1993,
'Resolved,the,the signature of the President or any Executive, Senior or Group Vice President and the seal of ft Company may be
affixed by facsirniis-or,any power of attorney granted pursuant to Section 3 of Article IX of ft By-Laws,and the signature of the Secretary or
an Assistant Secretary and the soW of the Company may be affixed by facsimiis to any certificate of wny such power
r and any power or
certrflicate t*aring such ftosim'!ls signature and seal shall be valid and n th
binding ort Company.Any such power so executed and sesied,and
certfied by car"ificate,$0 executed and sea€ed shad,w!4-n respect to any bond or undertaking to which it is attac„ed,continue to be valid and
binding on the Company.'
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READ iNG, PEN'NSYLVAMA:
This Power of Attorney is made and executed pursuant to and by autlior;-y of the folioving By-Law duy adopted by'.',,a Board of Directors of
ti,*Comparly.
"Article Vl,- xecutlon of Obligations and Appointment of Attorney-In-Fact
Section 2.Appointm.ant of Attorney-in-fact, This Q"irm. an of the Board of Directors,the President or any Executive,Senior or Group
Vice Fr idem gray,from tirne to twee;appoint by written oer."ficates attorneys inti-fact to act in behalf of the Company i,n the execution of
poiicies of insurance, bonds, undertakings and other obiigatwy instruments of like nature. Such attorneys-in-fact,subjeotto the iimital.ons
,so forth t4r N respective certif-cates of authorftY7 sroi:l nave full power tto bind the Company by their signature and execution of anh,
y such
insturnants,and to attach One seal of the Con pany thereto.The President or any Executive, Senior or Group Vice President may at any trona
revoke all rawer and author-3 previously given to any attorney-in-ftct."
This Power of Attorney is signed and sealed by facw."inile under and by the authority of ft following Rasohfdon adopted by the Board of
Directors of'.he Company at a meeting duly calied and!,,old on the 17th day of February, 1993,
"Resolved,that the signature of the President or any Executive, senior or Group Mce President and the sea;:of the Company may be
affixed byfacsire lle on any power of attorney granted pursuant to Section 2 of Artois VI of the By-Laws,and the signature of the SecremIry or
art Assistant Secretary and the sea?of Ime Company may be affixed by facsimile to any certificate of any such power and any power or
cerificam bear^g sucn facsimiie sign atur and seal be valid and bi ding on the Company.Any such power so executed and sealed and
attire l In
certdfled by certificawe rw,executed and sealed shaii,with respect to any bond or undertaking to which is'is attached,continue to be vaiid and
binding on me Company
ADCPTED BY THE-BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY 01F HARTFORD:
This Power of Attorney is made and executed pursuant to and by autt:odty of the foliovAng Rasoluton duly adopted on February 17, 1,993 by
the Board of, Mractors of the Company.
'RESOLVED:That the president,an Executive Vice President,or any Senior or Group Vice Prosiderift of the Corporation,may,from bris
to time,appoint,by wnftan ce?tAcates,Attorneys-iia-Fact to art in,behalf of the Corporation in the executor,of policies of insurance,bonds,
rider k*: gs and other obilgatony nstrumants of like nature. Such AttDrnsy-in-Fact,subject to the:;imitatons set forth in their respective
ce-1, cater of authority,shall have full poviter to b€nd the Corporator by their signature and execution of any such instrument and to attach
the seal of the Cerponatior,therstol.The President,an F-xwLtdve Vice President, any Senior or Group Vice President or the Board of Directors
may at any time revoke ail power and authority previous given to any Attornay-iri-Fact.'
This Power of A ttrnsy is signed and sealed by facsimile under and by tihe authorty of the folio-wing Resolution adopted by tile Board of.,
Directors of the Company at a"neeting dui,y colied and had'or,tie 17th day of February, 1993.
'RESOLVED:'he.the signs erre of the President,ar,Executive Vioe President or any Senlor or Group`,ilea Prss€dsrt and the Seal of
the Corporator..may be affixed by farni;e on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors
or,February 17,1993 and the signature of a Socretary or an Assistant Secretary and the ssai e the Co ration may be affixed by facs,;miie
+-c any cert ficats of any such power,and any power or cartificate boanng such fatulle signature and sea€sh2l€be valid and binding or,the
Corporation.Any such power so execLned acrd sealed and ear red 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.'
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEYeI N®FACT
Know Ali Men By These Presents,That CC'T€MENTAL CASUALTY COMPANY,ars islinois corporation, NATIONAL F!RE i€eSURANCE
COMPA''Y HARTFORD, a Connecticut corporation,AMERICAN CASUALTY COMPANY 0,P READING, PENNSYLVAN� A,a Psnnsylvania
corporation(herein coiiec ive€y ca€ed"the CCC Surety Compar;i "),are duly organized and existing oorpora�ons having weir principal o€foes it
the City of Chicago, and Smote of Illinois,and that they do by virtue of the signature and seals herein affixed hereby crake, consttats and appoint
—Pamela L. Stocks, individual€y
of Sher.,nan oaks, California
.ei true and,awfu?Attomey(s)®in-.Fact with 41W pourer and authority hereby conferred to sign,seas and executefor and on their beha°f bonds,
undeftakings and other obligatory nstruments oD sirniiar nature
In Unlimited Amoun
and to bind 1.4-iier.i thereby as fully and to the same extant as if such instruments were signed by a duly authorized officer of their corporations and
all the acts of said Attorney,pursuant to the al.�o,hty hereby given are hereby ratified and confirmed.
his Power oD Attorney is rnade and executed pursuant to&nd by authority of the By-Lays and Resolutions,printed on--..a reverse hereof,
daily adopted,as indicated, by the Boards of'irectors of the corporations.
In Witiess Whereof.the CCC Surety Companies'nave 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 1995
CONT:NENTAL CASUALTY COMPAINY
NAT€OVAL=!RE INSURANCE COMPANY OF HARTFORD
! G am' ` AMERICAN CASUALTY COMPANY OF R AMNG,R I�I�SY'eitA°N A
SEAL
Marvin.7.Cashion Group Vice President
Smote of€i€incis, County of Cook,ss:
On this_23rd day of February 1999 ,before me aersonaiiy came
Marvin J. :ashion,to me known,who,being by me duly sworn,did depose and say:that he resides;n the City of Chicago, State of, li!inois;that
he is a Croup Vice President of CON-rINENTAL CASUALTY COMPANY, NATIONAL FIRE i!NSURANCE COMPANY OF HARTi7;RC,and
AMERICAN CASUAL"Y COMPANY OF READING, PENNSYLVANIA described in and which executed the above in rarner t;that he knows the
�"A�N
seals of said corporations;that the ssals meed to the said instrument are such corporate snais;that they were so affixed pursuant to autio.^ty
given.by pis Boards of, 'Directors of said corporations ar:d that he signed his name th!ereta pursuarst to like authority,and acknowledges same to
be he ao,and deed of said corporations.
30
NouR.y
AUC
k �
My Cornmission Expires March S,2000 Mary Jo Abel Notary Pubiic
CERTIFICATE
i, Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HAR T nCRC,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify,that the Power of Attorney herein
above set forts is still in.force,and farther certify that the By-Law and Resolutions of the Board of Directors of each corporators printed on the
reverse hereof are still in force. €n testimony whereof€have hereunto subscribed my name and affixed the seals of the said corporations
this 26 day of Lily 1990
CONTINENTAL CASUALTY COMPANY
� s ��a° bFdSbt t
NATIONAL FIRE€NISURANCE COMPANY OF I'ARTFORC
AMERICAN CASUALTY COMPANY OF REACs:IvC PENNSYLVAN A
t
mfY ?.
SFAL
mi*
Mary A. Ribikawskis Assistant Secretary
(Rev.10/1 f97)
......... ......... ......... ......... ......... ......... ......... ..... ..._..........
...........................................................................................................................................................................................................................................................................................................................
_............ ......... ......... ......... ......... ....... _ _ _ _
C0Unry C,t L 0S ANNGE.L`S
0 rf 7U .y 26 1999 Sandy 111nne � Notary Piab?is
t r
Date NAME
personally appeared P ,rel a L. Stocks
RA, ( OF SIGNER§SI
person lly known to m - R - (—) proved to e or, the basis �f tisf C40 ev$d c� to b
the p rSOn(V whO e r' St i /1 ubscribed to the within €nstrumter t end a k o i d d to me that
she executed the same in Wr/her/ v..authorizedpacit'j ' and that by ler
signature(g' on the instrument the persong&), or the entity upon behalf of which the person(t acted,
executed the instrurnent,
to& . ., ."yWITNEI�Sray hand and official seal.
m
t rr`
SIGNATURE OF NOTARY
Y
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
meat
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 DO t3
PARTNER(S) LIMITED
(� GENERAL
CUMBER OF PAGES
(
TRUSTEE(S)
$ OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR Eq�NsTI (I )
_ actin � Penn'�%anSIGNER(S) OTHER THAN NAMED ABOVE
G-107426-8
4,i
-CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
"I a,: 4 .a
1>
�,-cu,.jt of Santa C! a-ra
-Y
on
beforeme, Lr._�'nda A. Fluken, Notary Pl-lbl__
Name ano r,!!e of Officer(e.g.,"'Jane Om Notary Pijiblic")
pearsonwiy appeared Daniel W. Han-ock
Narne(s"of signerW
personaliv known to me-OR- Proved to me on the basis of satisfactory evidence to be the person _q)
whose narrels) is/are subscribed to the wit-hin i
ms4rument
and aaknowledged to me that he/she/they executed '.he
same inhis/her/their authorized capacity`es„and that by
UNDA A.FLUKEN' his/herfthei.r sionsture(s)on the instrutr).ent the perscri(s)
# 11593,56 or wh
the entity upon behalf of ich, the pe rsonls) acted,
Notary pubill--C0!jf=, �a executed the instrument'
-!or �Oufl. Y
W NESS my hand and official sea',.
01 ,
Signature c Notary Public
OPTIONAL
Though the information below is not required by jaw. it may prove valuable to persons relying on the document and could craven,
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Titk.le or Type of Documenit:
Document Date: Number of Pages:
Sgner(sl Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Siagner's Name: 1S n ei, s Name:
n d j vid u a individual
Corporate Officer dor porae Officer
TiVe(s
Partner—_- Limited General Partner Limited General
E A,
I torney-in-Fact E: Atto rnsy-in-Fact
Trustee
Guardgia_n or worConse!Nat^ � u
-_
70P ne,e —
or Gardian or Conservator
L
art:
Stoner Is Represenflng: Signer ls Representing:
_x,
Z 1485 Nalionat Notary Association-8236 Rernmet Ave,P.O.Box 7184,Canoga Park CA 9 1 309-71 84 Prod No,5907 Reorder:CaC Toil•F,ae 1-800-876.6827
WMarn �. poflacek
'Tax Collector's Office Contra Co'ui:)tyTreasurer-Tax
625 Cour' Street Costa Joseph i .ma.,Iinez
Butid'ng, Room. IN Assistant Tax CoHectoT,
P.C. Boy,331 NY
.1ount Nancy L.Webster
Miartnez, California'al;forn;a 94553-1280
(925) 646-4122 Tax Collections Siaff Manage
1 L josiyn,mitcheii
,925)6,46-4135 FAX
Proper!y Ta-- S."nervwr
Date: Ame 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 V,,!e map ofthe proposed subdivision entitled.-
Tract I MS # CITY TR.A.
811-89 SAN 66026
Parcel #: 222-010-008
and have determined fiorn the official tax records that there are no unpaid County taxes
heretofore levied or. the property inch ded inthe map,
The -1 Qqq tax lien has been paid in Viz. Our estimate of the
1999-2000 tax lien, wl�-ich became a lien, on the first day of
ianuar-y,11999
This tracD(W/ is not subject to a 1915 Act Bond. If subject to a 19115 Act Bond, the
original principal to ca1cuiate a segregation Is
The arr-ownt calculated is void 30 days from the date of thfis 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
Superviso;rs.
WILLIAM J. POLLACEK,
Trey -Tax Collator
Z/
B y:
THE BOARD OF SUPERVISORS OF CONTRA COSTA.COUNTY, CALIFOR.' �A
Adopted this Order on August 17, 1999 by the following vote.
AYES- SUPERVISORS GJOTA, UILIKSMAr GOER, DESAtTUN7EER AiN CANC1AMIIIA
NOES: 'M�IE
ABSENT: NNOONE
A.BSTAJN; NONE
RESOLUTION N
SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for SUB 8189,
Dougherty Valley area.
The following document was presented for Board approval this date for, SIB 8189 'located
in the Dougherty Valley area.
A Subdivision Agreement(Right of Way Landscaping)with Shapell.Industries of Northern
SQalifo ia, developer,whereby said developer agrees to complete all Amprovem improveeats as required ill
Subdivision Agreement (Right of Way Landscaping) within one year from the date of said
agreement. Improvements generally consist of landscaping.
Said document was accompanied by the following.
Security to guarantee the completion of right of way landscaping as required by Title 8 and
9 of the County Ordinance Code, as follows.
sa Cash Deposit
Deposit Amount: $2,819.00
Deposit trade by. Shapell Industries of Northern California
Auditor's Deposit Permit leo. and Date. DP# 335763, July 30, 1999
II. Surety Bond
Bond Company: Arr>.encan Casualty of Reading, ISA
Bond Number and Date: 19€ 723714, July 27, 1999
Performance Amount: $279,000.00
Gabor&Materials Atnou-nt. $139,500.00
Principal. Shapell Industries of Northern California
R SOT,lreO NO. 99/411
SUBJECT; Approval of Subdivision Agreement (Right of Way Landscaping) for SUB 8189,
Dougherty Valley.
DATE: August i 7, 1 999
PAGE -2-
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way
Landscaping) is APPROVED.
Ali deposit permits are on file-with the Public Works De=t e-nt.
R:-:df
Cs:\Grp�Data\l�47,gSvc\BO\,'999\BO 8-1,7-99.doc
Contactor; ?bier ywmks(313 234(ES) I hereby cert that this is a true and correct copy of
�c--tao?: ?ic't Li€rly(313-234@) a r� �
cc: Pubic Works- R.Ermo,Construction an action taken and e-iltered o-n the minutes of the-
CurentPlarming,Camm rlityDevelonment Board of Supervisors on the date shown.
-6-17-2000(p_)
Sllapeli lndustnx�s csNorthem California,
100 N.M,"Pitas Blvd,NilPitas,CA 95035
Chess Traeoridge
Sam Wordy
America:.Cas salty o` cadicg,PA, ATTESTED: AUGUST 17., 1999
21650 Oxnard Street,Suite 760,Woodland Hills,CA 91367
PHIL BATCHELOR, Clerk of the hoard of
Supervisors and County Administrator
By r
ry l-k
SUBDIVlSION AGREEMENT
(Right of Way Landscaping)
(Government Cods 566462 and S86463)
Subdivision: 8189 Effective Date:
Subdivider _ �� �" � Completion Period: year
J. Nflcha l Waiford, ubiic Works Director aoe � d:zstb'es
a
t^ ....m,„. � •fBfSr p` ft� ,.* t f �}5 t ^.moi.a;�4
,\l
v Vice President
By:
F y
4gEneeI e�3 es #b�: ion {�'; ���$} a d e d i 3erJ- uge Zvi
RM -AP RPR yS : i ter,a< °� esti-nan, L"ou "£ty Counsel Assistant Secretary
; Ct e:A i sige�sus t�b kr�9 d<Su' ivEdr is '.
^ced,
3 gnatums rust ;,infra �a5u ha dea gnzled represantats�vs groups
p�Nuant to CoMoratons Code 5391)
<
PART Efife:ttva on,the move date, the unty of t2 Costa, California, d•3e?'emalte€'Gaited «2=t"and the
aoove49 entio red :. W, i utuaiiy promise end agree as fo££ows cc ricer ing il�£s subdivision.,,
2. 3 b . Subdivider agrees 'o m (n £ 'bot,public and Private),drainage improvements,
signs, Street INIgnts, fire hydrants, landscaping, and such otfl.e1 improvements (including appurtenant equipment) as required ir, the
ir#�omyer neat s:an for this st..division as reviewed and on Me with the Contra Costa C"ou,.ty RL£biic vf&Ks Department and;n Cori ormance
w&,the Contra 'Costa County Ordinance Code(including future amendrner;ts thereto).
Subdivider shaii complete said work and improvements(hera;naf#er celled"viork')w tlin€,tae above comp;et on period from date
hereof as required by tine'Cafforrila Subdivision flap.act(�cverrirrent Code SS 6410 and following), in, , r � .,
'�f, �. �good+,vo � �a°:ire£mar£;<e.,it
accordance w accepted construction,practices and in a manner equal or supero to the Mculrements of the County Ordinance rode
and rsu€;rigs made thereunder:and where there is a corf ict between the improvement plans and the County Ordinance Code.the srictter
re-quirernents shah govern.
3, if i ^tf ' ' Uponexecutnig this Agreement,the Subdivider shah,pursuant to C-4syernment Code 566499,sr:d
the 'unty Ordinance Code, provide as security the County:
A< r Peri,b€ ance ar duan €ems, 2,819.
cash,plus additional security: n, the amount
of� 00
� ' wn"ch together tota€one Nuiidred percent(100%)of the estimated cos#of i * work. Such
additional security is presented in the form of
Cash,certified snack or bashers check.
Accep:tabie corporate surety bond.
Acceptable irrevocable letter of credi>
Edi€;r`th<.s sec rtv the Subdivide.,guarantees performance under this Agraement and maintenar;ce of the yaor?c for one year after
it's completion and acceptance agairist any defective workman&p or materials or any uri atisfactor;r performance.
< or"`avant. sew; tv_n the amount of$ 139,500-00wrics<is� percen€(5G"-l��of the astir aced
cost of tt e wc.�. 97;E` security is preserited€n the form of.
Cash,certified check;or cashiers check
as Acceptable corporate surety bond.
-_ AccaptaNe irrevocabie ietter of credit,
With th!s seCurll'yi the Subdivider guarantees Payment to contractor,to Ns subcontractors, and to persons renting equiPment
or furnishing iabor or materia?s to:;e,,r£or to the Subdivider.
UPOn acceptance of t to work as complete by the Board of Supervisors and upon.reduce#of the ubdMder,vhe arnount
securities may be reduced in accordance with,594-4.466 and 594-4.408 of",he Ordinance Oodea
4. UA ' ;P AND WARRAN Y K. Subdivider guarantees that said work she!' be free'rom deacts in material or
wo:kmanship and sha:i perform sats n.y for a period of one-year from;and after the Board of Supervisors aoca., �a woi�as cor•b;ete
in accordance with A.r�,:e e 96-4A''Accepter ice",of the Ordinance Code, Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said wcrit.
The guarantee period does not apply to road improvements for private rows which as not to be accepted into the County road
system.
, FPLANT TAB } �fR � ' 'CRI�. Subd€v€dargaras to perform
ivor€c for Iryds €r� installed ; der this
agras'ri e�.t 9aS s 3 t ca'c a d� S:`k Fee%i g r5��af�t o 8{s'`efp�tt+ -alygl�ti�t�€��plants,r��r'�&':? :8d,3��tiitC'ifid6��€�1��s�ir S+3#r`SC�weed, ���r at
and Lti�r r d �'� � m r 4 t�lr {i Sd li5 {ici rl�otks�, pa 5tY 1 necessary bc�insure establishment f nl fplants.� 6Ca
plant€ tab4i r€rant wfork sh €€be oirned for a pe Rod of one-year and of°ter the Board of Supervisors P the w as corrpleta,
At the d€scrotion of the County, blas tray be, Ieaseda fter ftt al acceptance of landscaping improvements by the Co�inty.
6. IMP-RCVEM;:NT R AN WARPAN TV. Subdivider warrants the Improvement Plans for the work are adequate to acccor.np::sh`.re
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 ore-year guarantee penvod,said improvement pia€�s prove to be',inadequate in
any aspect, Subdivider shall make whatever changes are necessary to accomplish the wrork as pror-ise'd.
7. NO WAIVER By CCNTY. inspection of the work and/or materials,or approval of work and/or materials or statemer't by any
of cer, agent or employee of the Countyindicating the work or any part hereof complies with the requirements of this Agreement, or
acceptance of:he whole or any par:of said work and/or materials,or payments,therefor,or any combination or all of these ate,shall not
relieve the Subdivider of his cbfigaton to fufrli this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for darnages arising frorn.trig failure to comply with any of t.�.e"arms and conditions r trod.
a. INSQBMNITv: Subdivider shai;hold harmless and indemnify the indernn€tees from:the ilabi,itres as defined in tNs section:
Theride nlbes benefitted and protected by this promise are tine County,and its special district,elective and appointive
boards,ccrnmsss,ons,officers,agents, and ernnpioyees.
S. Tine li til€tl s protected against are any liability or claimfor for damage of any kir:d allegedly suffered,incurred or threatened
because of actions defr:ed belowr,and including personai€n ury,death.,Property damage,inverse condemnation,or arty combination of
these,and regardless of whether or not such liability, claire or damage was i,iforeseeabie at any time before the County reviewed said
improvement plans or accepted the work as complete,and including t^e defense of any sult(s),action(s),or other proceedings)wn--err;ng
said iir'abii}tics and ciairrs.
C, The actions ca , in Iia bility are any act or omission(negligent or ncn-negr gent)in connection with the matters covered
by this Agreement and affbutab.e to tie Subdivider,contractor,subcontractor,or any officer,went,or employee of one or more of their;;
NIon-Con ,tions: The promise and agreerf.er t'sn this section are not conditioned or dependent on whether or not any
indernnitee has prepared.supplied,or approved any pla:n(s)or spec cation., )In conn uo;�vii this woek or subd=vis €on,or has;r:suance
or other indemnification coven;g.any of these matters,or that the alleged damage resulted partly fort",any nagiiger:t or w 1lifui misconduct
of any indefnnity.
g. C : Subdivider shall,pay when due,all the costs of the work,including inspections thereof and reiocating existing utilities
required thereby,
10. EYS Subdivider shall set and establish survey rsior.urnents in accordance with the fled reap and to the satisfaction of the
County Road CommissionerSurveyor before acceptance of any work. as complete by:he Board of Supero'isors.
11. INC 7'-PER70RMAN :f Subdivider fails to complete the work within the time spacifted in.leis Agreement, and
A~i
subsequent ext sions, o fails to maintains the work, the County may proceed to ^complete and/or maintain the work by cont act or
otherwise.and Subdivider agrees to pay all costs and charges incurred by the County(incii,iding,but not limited to: engineering,inspection,
surveys, contract,overhead,etc.)immediately upon demand.
SundMder hereby consents to envy on the subdivision property by tha County and its forces,including c or°tractors,'sn'Uhie event
the County proceeds to=rnpiete and/or maintain the work.
Once action is taken by Coup y to complete ormaintain the work,Subdivider agrees to pay ail costs Incurred by the County,ever,
if Subdivider subsequeritiy corn-plates the w=ork.
Should County sue to compel performance under this,Agreement or to recover costs incurred in compfet:ng or maintaining the
work,Subdivider agrees to pay all attorney's fees,and WE other expenses of litigation incu7ed by County in connection therewith, evens
if Subdivider subsequently proceeds to complete the work.
¢2. I€4.'CRR®RATICJNVA'�l�l�. TIQN. If,before the Board of Supailsors accepts the work as complete,the subdivision€s;included
in territory if.corperamd as a city or is ann=exed to an existing city,the County's rights under this agreement and/or any deposit,bond,or
letter of credit securing sa.c rights snail be transferred, to ti9e new or annexing city. Such city shall have all the rights of a third party
ber-efciary against Subdivider,wt.o shall fulfill all the torn rs of this agreement as though Subdivider had contracted with the city originally.
13, R=_�QRC MAP. in consideration hereof, County sha;r aHow Subdivider to file and record the Final .`sap or Parcel Map for said
Subdi!;sion. — -
C:lw/i?tit v^/St��i�r tqv,®nrtw�w3ah.�re
CkLIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
StateofCaIifcrnJ;.a
Cou'ntyof Sant�a C.".1 a r a
T, ',y , 1999
Or'. Ja- 30 e
befor -ne, Linda A. Fluken-, Notar Pubic
Data Narn4s&,to t ss 0!04icer(e.g_ Ode,NotanY Pvblc"'
personally appeared Dan,1"e I W H'anCo_-k avid J.C. T-_ueridge
Plersonaflv known to me-OR- proved to me on,the bas;s of satisfactory evidence to be tris pens-"i
whose name(s) is/ars subscribed to
and acknowledged to me that he/she/they executed the
same in NsMer/their authonized capaciry(ies), and that by
N:S/her/their signature s; on t.he Instrument the person(s),
LI N-D A A.FL U K EN. k )
ijDon �,enlaif of lei?ice' t1he person(s) acted,
Commission# 1159356 or the enti"Y
Notary Pubic-CoRornla
Z executed the nstrurnnnt,
z
Santa Cara county
my Carr'...bq:kes OctM,2IX'
W!"r'NESS my hand and offiCial see.?.
opnoNAL
I hough ri`e!nformation celow is not required by law, fl may prove valuable to persons relying on the document and could prevent
frauaulen+removal and reattachment of chis form to another document.
Description of Attached Document
Ti t 1 e o, f y p e of D o cu, r-,e n t:
Docun-fent Dale: Number of Pages:
Smner;s) Other Th!a:n Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's N a nn,e:
Individual j Individual
Cc:
morwe Officer el
orp-rate Officer
Partner—__ Limited fierier Partner—_- Urmited Genergai
Attorney-in-Fact Attorney-ln-Fact
Trustee7:-ustee
%Zi uard�
- an or Conservator Guardian or 1100-iservator
I
Other: ��Oc Wof"11-urmb nere thump of thLn nere
Signer Is Representing: Signer Is Representling:
Z'495 Nabonw Nota-yAsso,_ianon-8236 Pernmet Ave PO Box 7184-Caroga Park.CA 9!309-7184 Prod.No.5907 Reorder,CaN Toll-Free 1-800-878-6827
Fi=t ✓';.
Subdivision: 8189, Falcon Bridge
Bond No.. 190723 71 4
Premium: $1,37 .010
1N2ROVE.NffiNT SECLTITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMIENIT
(Peifbnnance, Guarantee, and Payment;
(Cal fornia Goverrnt Code Sections 66462 and 66463;
Is RFciTk�;'of SunivisigN AGR The Principalhas executed an agree mint wits!17e County .o install
and pay L`-r phe right of way landscaping, and other related irnp rovernents in Subdivision 8189 Falcon
ys — as specified in the Subd-vision Agreernent (Right of Way L ndscaping , and to
complete saidd work withi1 the time specified for completion±tl-re Su ivisiOn Agrei�-.nnt jugs t of Way
Landscaping", aE in accordance wit1.State and 11ocal.laws and rulings fhereander in order to satisfy condiitions
for Filing of the Final leap or farce].Map for said Subdivision.
2> OBLIGATION. Shaovii ir:dustries of Northern CaVornia, a D'yision of Shap�'i it dgstrias, in.c. ,as�ipa add
a corporation orgaz�zzed existing under die laws
of the State of , and watliorized to transact Tarety business in C onaaia.,
as Surety, hereby Jontly aad several"ly bird ours- ves, our heirs, execrators, administrators, successors, and
assign to the County of Contra Costa, California to play it:
A. Perfonnance and Guarantee: Two Hundred Severity Nine Thousand and NO/100
Dollars ( 279,000.00 ` for itself or any city assignee under the above Cow=ty
Su:odi vision Agreement, plus
s
Bo payment: One Hundred Thirty Nine Thousan d Five Hundred and € O/1 00
Dollars
\ � -�� � ` to secure the clainms to which reference is made in Title
}..Y�El.`Csa s t,. s vvPv"W'�1,.r.1i'� l
XRT (comm,encing with Section 3082) of fart 4 of Division III of the Civil. Code of the State of
California.
3. CONDITION'
A. Tine Condition of this obligation, as to Section.2.(A) above is such that is the above boceded prib--c pal
Es or its heirs, executors, ad A i =strators, successors or assigns, shall in all tyriings stand to and abide
hy, and well and tly keep and perforb the covenants, conditions and provisions in the said
agrcen:ent and any alteration thereof rnade as therein provided, on is or its parts to be kept and
perforrr&d at the Id and in the mier therein specified, and in all.respects accord yng to their true
intent and rneaning, and shall indetnu fy and save ha- less the County of Contra Costa (or city
assignee), its officers, agents and ernployees, as therein stipulated, then this obligation s"riali.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 Co,. ty(or city assignee) in success.=ally enforcing such obligation, all to be taxed as costs
and inc aded 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 firn2y bound Tanto the County of Contra Costa and a
contractors, subcontractors, laborers, Lnaterial n and oche:persons employed in the performance
of the aforesaid agree-rent and referred to in the aforesaid Civil Code for materials fished or labor
thereon of any bind, or for a counts due under ffice Un—employment�ploytnent Insurance Act with respect to such.
work or labor, that said surety will pay the sane m an amount not exceeding the an�mt herein above
set forth, and also in case suit is brought upon this bond, will pay, in addition to the face a o-pant
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incim-red by
County (or city assignee) in successfalAy enforcing such obligation, to awarded and fixed, by the
court, and to be taxed as costs and to be included in the fudge ent 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 Lie claims under Title 15 (comrr&ncing with Section
3082) of Part 4 of Division 3 of thj-.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 fu'ly performed then this obligation shall become null and void,
otherwise it shall be and remain in fall force and effect.
C, '.No alteration of said subdivision agree=nt or any plan or specification of said work agreed to by he
principal and the County shall relieve any Surety from liability on this bond; and consent is hereby
given to inake such alteration without farther notice to or consent by Surety; and the Surety hereby
waives the provisions of California Civil Code Section 28 s9, and holds itself bound witho-at regard
to and independently of any action against Principal whenever taken.,
SIGNED AND SEALED on duly 27; 1999
Shapell industries of Northern. California, American Casualty Company of
PRINCIPAL. a Division of Sha;)eil lndustries, inc. SURETY: Reading, PA
Address: 100 N. Mi.Di:as Blvd. address: 21650 Oxnard Street, Sate 760
City: €4N-tis i s pity: Wood �d dills dip: 91367
lhmi,
#� "1�n''el. W. _ �` oc�C By:
6 Sandra @�
Print Nam: Print l`�an: V. Harmer
Title: President Title; Attorney-€n-Fact
:mW
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:�;JALL-PURPOSE ACKNOWLEDGMENT
w
4 to CaIiforrlj.a
. u y= 30, 1979 A
Non &,v ift of 0for -JE * 7o*,Nmatry Pu s;,
peoraanafy appeared
D. an. el W.- bbancqck q
} Na�zsa;ay of 5,aftmy A
-personally know to m -O - proved to:,m on the basis of satisfactory evidence to be er*e ersdr,s'
<;
whose :nar e~s, ;Vara subscribed o the within, ins ruurnen 5
i amo acknowledged to me teat ha/sne/tIney executed the �
4 b
sane in l.hW er/their authanzed cagac:tyfias,,and that by
z LINIDA A FL.'-Eta lhisifier/;n 3r signature(s)-on 'he ins"Iniment the person!'S),
omrrss;o or Vie emfty upor, behalf of which the persons) acted,
No'atyFlubf -110lt� executed the rostrum# rrt,
WITNESS ray ha-ind and of°3clai sea:;.L4
_
Signature.5l, y r acs
9 OPTIONAL
' t hough tr)a nformation 6sIoty is not recurred bylaw, it may porove`✓ejuabie to persons reifip g or, document and Could,prevent
1tudulent jemovai and reattachment ref rhie fora to another documen,.
Descllpflon of Aftached Document
`lt;a or hype of DDoCUM'ent:
acu,ment date: _ Number of Pages:
Signer(s) OtherThan Hamad Above:
j
, a lt (? ) Claimed by Signer(s)
oVer`s Name: _ � Signer's Marna: _
q,
lndividuai individual
Corp orae Officer Corporate fficer
miter U='"m8ted _ Generai Parti n l "
ttor.:ay-;r�nr ao� l _ t err ay- - aot
Guardian or Corsi a:or
Guardian r " o.
O'ner: Too of,nunb^.2r5 ; Top of tnumo„e,>
i
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r-gner is Representing,- l Signers apresenting:
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.=." ... ^;,=. •�_.,. „� •� '�.�:•�:w.�`. v:'r .,,titi,�`,a.—�._ ..v,".n,"=ti.�.`-�.-.".".:.ti.=..-`,cam, ..d.._:,'�:,"�:�`";.,;`.�.'�ti.`c.�;,ti
!M Na;,orai Notary Auoc,anom«8236 nommet ava-RO.Box 7134 o Camoga Park.Ca 4f 3Q3-';8a Pro9.No.5507 Fteorce Caa'ct!•F,ee 800-a78-6827
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORN EY-IN-FACT
Know.All Men By These Presents,That CONTiNENI€"AL CA UALTY COMPANY,ars Illineacomporation, NATIONAL FIRE INSU''RA CE
COMPANY OF HART FORD,s Conne 00=tati0rr,A ERiCAN CASUALTY CWAPANY OF READING, PENNSYLVANIA,a Pen.-MyNtania
oor ration(herein.colioctively Called'the CCC Surs y Com ni "),are duly organized and existing corporations having fir prinwpai Vices in
the City of Chioago: and State of Ilii?:ols, and that mosey do by virtae of,the signature and ssais herein afted hereby rr:ake,const-ate and appoint
l�every,�.�?�#;; �andra'd. ;��r���e, ;n���d:r�i•
ss:- �*.err:saa mks.Calfcsrrsia
t e r an d I ul Atte Bey{s? ?-Fait f�rii po r aryd eu o ?��reby nferr to §gt , fend exec for'a d n tsie bei aif nds,
under kings and etw obligatory insimurnonts of sirniiar mare
Ins1ni iraited Amounts-
instrurnants wer sighed by a duly author•,Zed cffiw of their corporations and
a;the act&e said Attorney,pursuant to the authority hereby given are hereby d andn�r�rned.
Tis Poster Attorney is made endox uted pursuant to and by authorq of the By-laws and Resolutions,onnted an revere horse,
duly adop d,as indicated,by the Boards of C<re- rs of the corporations.
In Witness Whereof,the CCC Surety Companies have carried these presents to be signed by their Group Vice President and weir
corporate S"is to be hereto affibcad on this 2ft day of October t 048
CONTINENTAL CASUALTY COMPANY
f cys
NATIONAL FIRE INSURANCE i=MPANY OF HAR`"FORO
` Ali'ER!CAN CASUALTYCOMPANY GP READING,PENN YLVANiA
SEAL
Marvin.i.Cashion Group Vice President
Smote of isinois,County of Cook,ss:
Cr this 2ft day of October
r , before me personally carne
Marvin J. Cashion;m r;,e known,whirs,being by rno duly fir?n,did depose and say:that he resides in the City of Chicago,Mete of;iiia„is;that
he is a Group Vice'President of CONTtNEN AL CASUALTY TY COMPANY, AT:CNA,L FIRE INSURANCE COMPANY OF HAR""FCRD,and
AMERICAN CASUALTY COMPANY CF R 3 N"G, PENNSYLVANIA described in and which executed the above irstrurt nt,thait Fre knows the
seals of said„orporatio ns;that the pis affixed to the said insr-ument are such corporate"Ws;that they were so afted pursuant to a<.ftnity
Gwen by the Boards of Director of said oorporatiors and that he signed his name mereto pursuant to like authomy,and acknowledges san ne to
he the act and geed P,4 said exsr� ?atiors.
NOTARY
0
My Commission moires March 6,2000 'nary do Abet Notary Public
CERTIFICATE
1. 'para A. Pibikaeskis,Assistant Secretary of CONT` NENTAL CASUAL n. 1 COMPANY,NA` TONAL FIRE INSURANCE COMPANY OF
HART;CRC:and AME€2iCAN CASUALTY COMPANY OF READING, PENNSYLVANIA.dos hereby cett'N that t-he Power of A.toarsey herefr
above set forte is stii in fo-4e, and further cry that the By-Lem,and Resolution of the Board of Dia eters of each corporation printed on,the
reverse hersof are still in fes. In testmany whereof I have herainto subscribed tray name and a ted the seals of said co orations
sqday of � i � 9
_ CCNT MENTAL CASUALTY COMPANY
� y NA" NAL FIRE INSURANCE COMPANY OF HARTFORD
t� AMERICAN CASUALTY COMPANY OF READMG,r NtvSYLVAMA
� t. 'n coo
Mary Y A. R i k s Asswmnt Sew°re?ary
(Rev.t Oft f97)
AuthorizingBy-Laws and Resolutions
ADOPTED BY THE BOARD OF D€RECTC'PS OF CCt'T€NENTA; CASUALTY COMPANY:
This Power of Atomey is made and executed pursuant to and by authority of the following By-€avec duly adopted by the Board of Directors of
the Co npany,
"Article€% xecutlon of Documents
Simon 3.Appointrnant of At-ft -in-fact.The Chairman of the Board of Directors,�e President or any Execs ve, Sanlor a Group
Vice President may,from time to three,appoir't by W--tan car "li t attorneys-in-tact to act in€ehalf of the Company in the execution of
policies of insuratnoe,bonds; undeftkings and other obligatory instruments of Bite nature.Such attorneys-€n-fact,sukilec, o the;irs^bboins
set forts in t sir respe^tve cer0cates of authority,shall have full power to bind the Company by weir signature and ex on of any such
instruments and to attach the hsqa€of the Company tmratD.The Chairman of the Board of Directors,the President or any iExecut s,Senior
or Group trice President or the Board of Directors, may,at any time,revoke all power and autlorlty previously g vsn$to any attorney-in-fact.'
chis Power of Attorney is signed and sealed by facsimi a under and by the authority of the followiing Resolution adopted by tee Board of
Directors of the Compal ly at a meeting duly called and held on to 17th day of February, 1993.
"Resoived,that the signature of t?e President or any Executve,Senior or Group Fico President and the seal of the Company may bli
affixed by facsimile ars any power of attrrsey granted;pursuant to Section 3 of Artois IX of the By-Laws,and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affcted by facsimile to any certificate of any such power and any power or
certrfcate bearing such%csimfle signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and
cerffed by csr•tifcate so executed and sealed shall,wit?a respect to any bond or undertaking to which it is attached,coritirlue to be valid and
binding or,the Company.'
ADOPTED BY T IE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANW
his 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 Vt- -Exec€tion of Obligations and A,ppaint €nt of A,tt maymin®Fact
Section 2.Appointment of Attorney-in-fact.The C€^airrnan of the Board of Directors,the Pmsident or any Executive, Senior or Group
Vics President may,f•m tme to times,apoint by written certr9oates atto::ays-ins-fact to act in behalf of t`he'Compar y in the execution of
policies of insurance;bonds, undertakings and other obligatory instruments of€€€tie nature. Such attorneys-ire-fact,subject to the€imitations
set forts in their respective certiflcates of authority,sha€?have full powder to Hind the Company by their signature and execution of any such
Instrument-,and to attach the:ssa€of the Company thereto.The President or any Executive. Senior or Group Vice President may at any time
revoke all,pmver and authority previously given to any attorney-ire-fact."
This Power of Attorney is signed and sealed by facsinnile under and by the authority of the fo€loving Resolution adopted by the Board of
Directors of tie Company at a meeting duly ca€led and hold on the 17th day of February, 1993.
"Resbived,that the signature of tae President or any Executive,Senior or Group Vice President and the sea:of the Company may De
affixed by facsimi:Ia on any power of attornay 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
oert."Icate bsanng such faosirrii€s signature and seas shat#be valid and binding on the Company.Any such power so executed and sealed and
certified by cer0caats so executed and sealed shall,ursine respect to any bored or undertaking to which it is attached, continue to be valid and
binding on the Company."
ADOPTED BY THE BOARD OF 0If2ECTCRS OF NATIONAL FIRE I:IS,IRA#VCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolaton 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 Tice President of the Corporation rnay,from trr:e
to trine,appoint, by written oer�ca°.es,Attorneys-in-Fact to act in behalf of the Corporator,in the executor:.f policies of insurance,bonds,
underak�hgs and other obligatory instruments of like nature. Such Attorney®in-Fact,subject to the limitations set for`t's In their respective
certificates of authority,Sha€i have fu€I power tic bind the Corporation by their signature and execution of any such Inatument and to attac€
the sea#of the Corporator thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors
may at any time revoke ail pourer and authority previously givers to any Attomay-in-Fact."
This Peer of Attorney is signed and sealed by faosirni€e under and by the authority of the fo€iov.:ng Resolution adopted by the Board of
Directors of the Company at a meating duiy called and held on the 17th day of February, 1993.
"RESOLVED:That the signature of the President, ars Executive Vice President or any Senior or Group Vice President and the sea!of
the Corporation may be affixed by facsirnffe on any power of attorney granted pursuant to the Resolution adopted by this Board of;;hectors
on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation-nay be affixed by facsimile
t;any certificate cf any such pourer, and any power or cert oats bearing sults facsimHe 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 wilm respect to any bond or
undertaking to which.if is attached;continue to be valid and binding on the Corporation.'
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State 01 CALF 0RN1-A
LOS ANGELES
Ova NAME, TITILE OF OFFiCEA., "JANE DOE. NOTARY P,JS:,:V
personally appeared SXNj?'jZ,4 V, ��
AS(s) OF ;GA's)
(-24L) personally known to m, e — OR — proved to me on the basis of satisfactory evidence o be
the person(s) whose name(l) €sem ubs rgbad to the within instrument and acknow ed ed to me that
?ffiishe/XW executed the same irMXher/TM authorized capacityW and that by her K
si n ture ) on the instrument the person(a), or the entity upon behalf of whi& the parson( acted:
executed the instrument.
WITNESS my, hand and official seal.
a.HukLL r
LOS r
OPTIONAL
Though th data below is not required by taws 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( ) TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
{. GENERAL
NUMBER OF PAGES
( ) ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Americari Casualty Co ata y
o .Lader lE f ) T ER THAN NAMED ABOVE
0.$07426.8
g
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 17, 1999 by the following vote:
AYES: SURER`JISvRS CIOTA, UIIX, A, CERBEER, DESAUL_NTIF—M, AND. CANCL �:_IA
NOES: 2NPC)NE
SEDT:
ABSTAIN: ENO'RE
SOLUTIO NO.:
SUBJECT: Approval of Reimbursement Agreement for Landscaping between. the County of
Contra Costa and Ray Lehmk hl and Authorization of public Works Director to sign
the Agreement for the County, Subdivision 7456 Alamo area..
This agreementis made with reference to the following background:
On .April 8, 1997, the County and Blackpointe Homes, Inc. entered into a Subdivision
Agreement (Right of Way Landscaping) in connection with Subdivision 7456 (Anderson Manch),
a subdivision being developed by blackpointe Homes Inc. in the Alamo area of Contra Costa
County. Under the terns of the Subdivision Agreement, Blackpointe Homes Inc. was required to
install, within one year; certain frontage landscaping, irrigation., columns, and fencing required by
the conditions of approval for the subdivision.
To guarantee installation of the improvements covered by the Subdivision Agreement(Right
of Way Landscaping), Blackpointe.Homes Inc. furnished to the County an Irnprovenient Security
Bond in the sum.of$41,4£10.00 issued by Developers Insurance Company(a071"CO ').
On July 27, 1998, the County and Blackpointe Homes Inc, entered into a Subdivision
Agree .er:t Extension, under the tens of which the time for completion of the improvements was
extended to April 8, 1999,
Blackpointe Homes Inc. failed to install the req=aired i=nprovements by the extended deadline.
As a result, the County submitted a wntten demand to RICO for payment of the penal sum of the
bond ($41,400,00) and has received payment from DICO.
Lehmkahl is the purchaser of one or more lets in Subdivision 7456. In connection Faith his
development and sale ofthe logs), Lehrn:uhl has proceeded to install the improvements covered by
the Subdivision Agreement (Right of Way Landscaping) and bond and has asked the County to
reimburse hire from the payment received by MCO.
The County is willing to reimburse Lehmkuhl subject to the terms of this agreement.
The following document was presented for Board approval this date for,property located in
the Alamo area.
RESCLL;TIOINI, No. : 99/412
f•i 1��
SUBJECT: Approval of Reimbursement t Agreement for Landscaping between the County of
Contra Costa and day Le -k-uh1 and Authorization of Public Works Director to sib
the Agement for the County, Subdivision 7456 Alamo area.
DATE: August 1.7, 1999
PAGE -2-
A Reinibursernent Agreement with Ray Lehmuhl, developer, whereby said developer
agrees to complete all improvements as required in said Subdivision Agreement (Right of Way
Landscaping)within one year from the date esf said agreement, Improvements generally consist of
certain frontage landscaping, irrigation, columns and fencing..
NOW THEREFORE BE IT R,-:SOLVED that said Rehmbursernent Agreement is
APPROVED, AND THE PLTBI IC WORKS DIRECTOR IS AUTHORIZED TO SIGH; SAID
AMIREEMENTNIT FOR THE COLNI TY OF CO'-.-N-,TCOSTA.
rs:C patzL egsvc BC\1999�3t3 s-: -ss.do� I hereby certify that:his is a true and correct copy
Grginator: P�zbw Forks(ES) of an action taken and entered or.the min;rtes of the
^�ntaot: Rich Li€r!y(313-2348) i
Board of Supervisors on the date shown.
cc: Pnhric Works- R.Bruno,Construeflon
^a nt Planing, m�Cctar=ity Development
T—6-i 7-2000 j
Ray i dhr k .i,1560 Las Trampas Road,Alamo,CA 94507 1
ATTESTED: At -US"' 17, 1999
PIT BATCHELOR, Clerk of the Board of
Supervisors and County Administrator
By n ,Deputy l
r
REIMBURSEMENT AGREEMENT
I ?is agreement is entered into 'ecL � A� gUst_ _ , 1993, by and between the County
of Contra Costa,
yan�,s�olitical subdivision of the fate o California (the `County"), an Ray
&:
Lemi a hl ("Lehr iY14wthl").
RECITALS
This agreement is made with reference to the following background:
I, On or abet April 8, 1337, the County and Blackpointe Homes, Inc. ("Blackpointe")
entered into a Subdivision Agreement in connection with Subdivision 7456 (Anderson:
Ranch), a subdivision being developed by Blackpointe it the Aiamo arca of Contra Costa
County. Under the terms of the Subdivision Agreement,Blackpointe was required to
install, within one year, certain frontage landscaping, irrigation, columns, and fencing
required by the conditions of approval for the subdivision. A tragi copy of the
Subdivision A.greernent is attached to this agreement as Exhibit A.
2. To guarantee installation of the improvements covered by the Subdivision Agreement,
Blackpointe famished to the County an Improvement Security Bond in the surn of
$41,400,€1; issued by Developers Insurance Company ("MCO"). A true copy of the
bond is attached to this agreement as Exhibit B.
3e or about July 27, 1338, the County and Blackpointee entered into a Subdivision
Agreement Extension:, under the tears of which the time for completion of the
improvements was extended to April 8, 1333. A,true copy of the extension is attached to
this agreement as Exhibit C.
4. Blackpointe failed to install the required -improvements by the extended deadline. As a
result, the County s:�bmiaed a written demand to MCO for payment ofthe penal sump of
the bond ($415400<00' and:has received payment from RICO.
Lehmnk.ahl is the purchaser of one or rnore lots in Subdivision 7456. In con rection with
his development and sale of the logs;; Lehnik-ahl has proceeded to install the
improvements covered by the Subdivision Agreement and bond and has asked the
County to reimburse him from the payment rece=ived frorn MCO.
. The County is willing to reimburse LehmKuhl sul:�.ect to the terms of this agreement.
NOW, 'THEREFORE, the County and Lehmkuhl agree as follows:
z
I, Subject to the -irritations set forth below, the County shall reimburse L�-hmkuhi for the
expenses incurred by Lehnakuhl in installing improvements ;overed by the above-
deseribed Subdivision Agreement and bond.
2. The only expenses that shall qualify for reimb:rrsennent pursuant to this agreement are
actual, o,it-ofdpocket expenses paid by Lehnnkuhl to a contractor or contractors for
installation or construction of the bonded ;Improvements. As a precondition to receiving
reimbursement from, the County, all of the bonded improvements (i.e., colurn?ns and
fencing, fron=tage landscaping, and irrigation) shall pass all necessary inspections, and
Lehmkuhl shall submit to the County detailed invoices, cancelled checks, and such other
documentation as may be required by the Public Works Department to documer:t the
expenses incurred by Lehrnkuhl. In no event shall the total reimbursement to Lehinihl
under this agreement exceed the sum of 541,400.00, nor shall Lehrrzkuhl be entitled to
any payment of interest.
3. At his option, Lehmkuhl may apply for interim reimbursement in an amount not to
exceed $17,420M for the columns and fencing. so long as the columns and fencing
have passed final inspection and the Public Works Department is satisfied with the
documentation of expenses submitted by Lehmkuhl, payment for the columns and
fencing shall be made to Lehr kuhl within 30 days. Thereafter, Lehmkuhl may apply for
final reimbursement in an additional amount not to exceed $23,980.00, So long as all of
she bonded improvements have passed final inspection and the Public Works Department
is satisfied with the documentation of expenses submitted by Lehmkuhl, payment ofthe
remaining amount shall be Trade to Lehrrikuhl within 30 days.
Should Leh-.nku.hl not apply for interim reimbursement for the columns and fencing, he
may submit a single request for final reimbursement when all cf the bonded
improvements have been completed, So long as all of the improvements have passed
final inspection and the Public Works Department is satisfied with the documentation of
expenses submitted by Lehrr:kuhl,payment ofthe total amount (i.e., not to exceed
$41,400.001 shall be grade to Lehrnikuhl within 30 days.
4. Prior to receiving reimbursement for any improvement located within she County road
right-o"way, Lehmkuhl shall assign to the County in writing all warranties and
g arantees pertaining to the irnprovement.
5. This agreement shall terminate on June 1, 2000 or Upon final paym=ent by the County to
Lehmkuhl, whichever occurs first,
6. This agreement constitutes the total statement of rights between the County and
f.,ehnikuhl concerning reimbursement for costs of installing im—provements for
Subdivision 2456. If Lehmkuhl has not received. Bala reimbursernent under this
agreement by June I, 2000, Lehr-luhl shall have no right to farther reimbursement by
the County from any source whatsoever.
2
COUNTY OF CONTRA COSTA
Public W -E r o _ ' day-"gym`
CERTIFICATE Off' ACKNOWLEDGMENT
Stare of California
Ss.
County of
_J the date stten SecsSefcs eme, the dersir€edNotary Public, rssaiiy appeared day
Lehn?kuhl, personally l own to me (or proved to me on the basis of satisfactory evidence)to be
the person(s) hose name(s) is/are subscribed to the within instrument and acknowledged to me
fhat he/s$e/t" ey executed the same in his/her/their authorized capaeity(ies), and that by
hs/her/their si nature's) on the instrument the person(s), or the entity upon behalf of which the
p'erson(s) aged., executed the instrument.
W3ESS °-ny band and official sea".
Dated: August , "999
[Notary's Sear Notary Public
3
ALL-PURPOSE-ACKNOWLEDGMENT
State of California
Count of Contra Gaeta
On
_ 1999 before me,the undersigned Notary Public
In and,for said Counly and State, personOy appeared
ER personally Knc�vn to me e O w 0 provedto me on the basis of satisfactory evidence to be
the person(s)whose name(s) Ware subscribed to the within
inatrume :and acknowledged to me that I'e/sh they executed
o".012407* the same in hisher/their authorized c p city(ies),and that by
7ty� 4c'ARY NSA y� g
3 L c +I�o Ns/ierttheirsignature(s) on the instrument the per on)s), or the
: € entity upon behalf of which the person(s9 acted,executed the
.'tstrumerLt.
5 � iTON
J I ��(( y
� A s,a c (Signature cf Picts Robert Fulton
;. e {ri.r .2#,V32 Notary)
ALL-PURPOSE ACKNOWLEDGMENT
-State of Cal°€fcrnls
Cou'nty of
Or! before me,the undersigned Notary Public in and for said County and
State, personally appeared
personally known tome OP m 0 proved to ms or the basis of satisfactory evidence to be
the person(s)whose na e(s) is/are subscribed to the within
instrument and acknowledged to me that he/sheAhey executed
the say's in his/her/their authorized capacity(ias), and that by
is/h rA telr signature(s)on the instrument int the person))),or the
entity upon
behalf of which the person(s) acted,executed the
t:i�Y7��!}3ui5 Cta
Witness my hand and official seal.