HomeMy WebLinkAboutMINUTES - 09211999 - C30-C34 c.
Recorded at the request of:
Contra Costa County
Public Works Department
Engineering Services Division
Return to:
Public Works Department
Engineering Services Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 21, 1999,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DE SAULNIER AND CANCIAMILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 99/476
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY THE BOARD ORDERED that the following instrument is hereby
ACCEPTED:
INSTRUMENT REFERENCE GRANTOR AREA
Grant Deed of MS 152-90 Salvador V. Perez, Martinez
Development Rights an unmarried man
(Creek Structure Setback)
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
Supervisors on the date shown.
RL:JD:mw ATTESTED: September 21, 1999
G:\GrpData\EngSvc\BO\l999\BO-9-21-99.doc PHIL BATCHELOR, Clerk of the Board of Supervisors
Originator: Public Works(ES) and County Administrator
Contact:Rich Lierly(313-2348)
cc: Recorder(via Title Co.)then PW Records
Current Planning,Community Development
By ,�`- , Deputy
yc�>
•
Recorded at the request of:
CONTRA COSTA COUNTY
Public Works Department
FAginecring Services Division
Return to:
Public Works Department
Records Section
Area:Martinez
Project:MS 152-90
Assessor's No.:368-010-024
GRANT DEED OF DEVELOPMENT RIGHTS
(Restricted Development Area,Franklin Creek)
To meet condition number 13 A4 of Minor Subdivision 152-90, 1, Salvador V. Perez, an
unmarried man, (Owner)hereby grants to the County of Contra Costa, a political subdivision of
the State of California (Grantee) and its govemmental successor or successors, the future
"development rights," as defined herein below over a portion of that real property known as Parcel
A of Minor Subdivision 152-90 situated in the County of Contra Costa, State of California, and more
particularly described in Exhibit A.
"Development rights" are defined to mean and refer to the right to approve or disapprove of any
proposed construction, development or improvement within the areas marked "restricted
development area." The "development rights" are and shall be a form of negative easement which
shall run with the said property and shall bind the current owner and any future owners of all or any
portion of said property. In the event of a disapproval of proposed construction by the Grantee or
its successor, said proposed construction shall not be performed. Grantee or its successor may
condition its approval of any.proposed construction upon prior or subsequent performance of such
conditions as Grantee may deem appropriate.
Any owner or owners of all or any portion of said property desiring to develop any improvement
requiring the approval of Grantee or its successor herein shall submit to such entity a written proposal
describing the nature, extent and location of such improvement. Grantee or its successor shall have
sixty(60)days from receipt of such proposal in which to grant its approval or disapproval. Failure
by Grantee or its successor to respond in said time period shall be equivalent to the approval of such
proposal.
The undersigned executed this instrument on A3 — 1?9 (Date).
u
Salvador V. Perez
(see attached notary)
JD:mw
gAwpvc\joseph\ms152-90.t10
ALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of OPTIONAL SECTION
County of P A -1�- CAPACITY CLAIMED BY SIGNER
In
Thougiv dab"do"not m***ow"my to
1111 the"a below.doing so may pmw ks-
On/1-/V-1fobeforeme vaku"e to persons n4*V on the document.
CAT91MAZIRMW 0FF4M M1
�QJPMW MIANY
personally appeared
0 INDIVIDUAL
0 CORPORATE OFFICER(S)
0 personally known to me-OR-provided to me on the basis of satisfactory
evidence to be the person(4)whose name( )"re TaLam
subscribed to the within ins
&-ument and 0 PARTNER(S) 0 LIMITED
==led to me e1they OGENERAL
ex, the sameh /their 0 ATTORNEY4N-FACT
— — — — — — authorized and that by 0 TRUSTEE(S)
ANNEMORNM (=IQherAheir signatu on the 0 GUARDIAWCONSERVATOR
COW#1034= ment the or the entity CIOTHER:
Notcay pia—Calf wft upon behalf of which the
person
CONTRA COSTA COWN acted,executed the instrument
MV Comm.E4*os AUG 4.IM
-
------ d and official seal, SIGNER IS REPRESENTING:
wry OF PIX80"M OR Wny"
OF
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED
TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES_DATE OF DOCUMENT SIGNER(S)OTHER
THAN NAMED ABOVE
at"tow
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedide processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed 13ENEATH the signature. The
name must be signW—exactly as it is typed or printed.
11. SIG TURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signers Interest In the
property Must be stated.
Ill. §I��signOR RMINERS—HIES-Signing party must be either a general partner or be authorized in writing to have
for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. a The Chair of the Board
The President
C Any Vice-President
GROUP 2. a The Secreta
An AssisWnt%ecretar
Secretary
C The Chief Financial Officer
C
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the Instrument a certified copy of a resolution of the
Board of Directors authorizing the person signing the Instrument to execute instruments of the type in question is required. A
currently valid power of attorney,notarized,Will suffice.
-signature
Notarization of only one corporate t or signatures from only one group,must contain the following phrase:
*
...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of Its Board
of Directors".
SUBDVISION: MS 152-90
EXHIBIT "A"
All that real property situated in the County of Contra Costa, State of California,described
as follows:
That portion of Parcels A & B shown as "Restricted Development Area (Creek Structure
Setback)" shown on the parcel map for Subdivision MS 152-90, on file at the County Recorder's
Office,recorded as follows:
Date:
Book:
Page:
JD:mw
\\PWSI\SHARDATA\GrpData\EngSvcVOSEPH\1999\March\MS 152-90.doc
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 21, 1999 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DE SAULNIER AND CANCIAMILIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUBJECT: Approving Quit Claim Deed.
The Public Works Director having reported that on November 18, 1986,the Board accepted
a Grant Deed of Development Rights from Jerry and Lola E. Friedrich(owner), as a requirement for
Development Number MS 51-85.
The Public Works Director having further reported that the restricted development area of
the property encumbered by the Grant Deed of Development Rights erroneously includes part of the
original house on the property and that condition of approval I LD excludes structures from the
restricted development area. Staff has met with the current owners of the property, Mark B and
Billie-Jean Bertoll,reviewed the site in the field, and has agreed on a new boundary to the restricted
development area that excludes the house and a portion of the property to the west of the house.
On the recommendation of the Public Works Director, IT IS BY THE BOARD ORDERED
that the Chair is AUTHORIZED to execute the "Quit Claim Deed" of development rights for a
portion of the restricted development area encumbered by the original Grant Deed of Development
Rights.
RMA:cl I hereby certify that this is a true and correct
G:admin\mitch\bofriedrich copy of an action taken and entered on the
minutes of the Board of Supervisors on the
Originator: Public Works(ADMIN) date shown.
Contact: Mitch Avalon(313-2203) ATTESTED: —Seplember 21, 1999
cc: Current Planning,Community Development PHIL BATCHELOR, Clerk of the Board
Flood Control of Sup5�Nsors and Cou t Ad infstrator
Engineering Services
Mark Bertoli By u I cl ac)eputy
300 Bear Oaks Drive Ap,
Martinez,CA 94553
Recorded at the request of: III
Contra Costa County
Public Works Department
Engineering Services Division CONTRA
COSTA IAI
II
II
II
II
III
I
I
II
III
II
III
II
III
II
III
II
III
CO Recorder Office
Return to: STEPHEN L. WEIR Clerk-Recorder
_
Public Works Department ��� ����—
Records Section 026840 1_
Check Number 219
Area:Bear Creek
Subdivision:Development MS 51-85 MIC Ms OCT 11,
1999 11:26:02
APN:365-030-080 TCF $1.00 MOD $6.00 REC x
$4.00 9.00
Til Pd X19.00
Nbr-0000696593
_ lre/R9/i—S
QUITCLAIM DEED OF DEVELOPMENT RIGHTS
For valuable consideration,receipt of which is hereby acknowledged,the County of Contra Costa,
a political subdivision of the State of California,hereby remises,releases and forever quitclaims to
Mark B. and Billie-Jean Bertoli, all of its right, title and interest in a portion of the real property;
specifically "development rights" as defined in the deed to the County of Contra Costa, recorded
January 5, 1987,in Book 13369,of Official Records,Page 117, Contra Costa County Records, State
of California; over those certain parcels of land, situated in Contra Costa County, being a portion
of Parcel C,of MS 51-85 filed January 5, 1987,in Book 125 of Parcel Maps,Page 46,Contra Costa
County Records, State of California,more particularly shown in Exhibit"A"as the"Proposed New
Boundary of Restricted Development Area"and described in Exhibit`B,"attached hereto and made
a part hereof.
No transfer tax due. This is a quitclaim of development rights only.
County of Contra Costa, State of California
By. .
ai oard of Supervisors
(See attached notary)
Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator
By:
MA:df
G:\GrpData\Admin\Mitch\QuitclaimDeedMs51-85.doc
PROPERTY LINE
N 21-2'rl 50 E
298.9V (T)
lz
lop -4-n
cm
D 50' PRIVATE ACCESS AND 0
Ntt►�,� QI UMUTY EASEMENT
pE
N 21'27"15" E
E2.4S T oy
co/
e4
co yyl� nam/�, /� �Jw
416
i ~�� y
of
At
90
ab
owl tzl
ro
cz
ot tz C);=
;00 bxj.4 vo w
CO 0
coo :P.
/Alo
c!
Cr
Dw
4 co
" N�
01
gooA
LDr,�,,..
Legal Description of Area to be Removed from
Existing Restricted Development Area
Portion of Parcel licit , as shown on the Parcel Map MS 51-85,
which map was filed in the Office of the Recorder of the
County of Contra Costa, State of California, on January 5,
1987, in Book 125 of Parcel Maps, at Page 46, described as
follows:
Commencing at the most westerly corner of said Parcel licit
( 125 PM 46) : Thence, along the southerly line of said Parcel
licit , South 730 541 0511 East, 50.22 feet, to the easterly line
of a fifty foot wide Access and Utility Easement, as shown on
said map; Thence, leaving said southerly line, North 21* 27 ,
1511 East, 62.43 feet, to the Point of Beginning; Thence,
continuing North 210 21 ' 1511 East, 34. 10 feet; Thence,
leaving said easterly line, South 51* 331 5411 East, 90. 92
feet; Thence, North 37* 441 4611 East, 12.21 feet; Thence,
South 51* 331 5411 East, 46. 66 feet; Thence, South 37* 441 4611
West, 18. 10 feet; Thence, North 63* 231 0611 West, 130.50
feet, to the point of beginning.
Containing 3, 190 square feet, more of less.
0.
No.6323 Virgil D-.' Chavez, PLS
Em.
OPFF C
Dated September 28, 1999
STATE OF CALIFORNIA }
COUNTY OF CONTRA COSTA }
On September 28, 1999 before me,
Phil Batchelor, Clerk of the Board of Supervisors and
County Administrator, Contra Costa County, personally
appearedJoseph Canciamilla
who is personally known to me (or proved to me on the
basis of satisfactory evidence)to be the person(s)whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that helshefthey executed the some in
hislherltheir authorized capacity(ies), and that by his/her/-
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,executed
the instrument.
By:— _ &
Deputy Clerk
0-3z
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 21, 1999,by the following vote:
AYES: SUPERVISOR GIOIA, UILKEMA, GERBER, DE SAULNIER AND CANCIAMILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUBJECT: Accept Completion of Warranty Period and Release of Cash Deposit under the Road
Improvement Agreement for DP 3007-96 (APN 051-220-039-053), Oakley area.
On March 17, 1998,this Board resolved that the improvements for widening along Neroly
Road, DP 3007-96, were completed as provided in the road improvement agreement with Carl
Karcher Enterprises, Inc., and now on the recommendation of the Public Works Director;
The Board hereby FINDS that the improvements have satisfactorily met the guaranteed
performance standards for one year after completion and acceptance; and
IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to
arrange for the refund the$10,000.00 cash deposit/cash bond(Auditor's Deposit Permit No. 301243,
dated September 9, 1997) plus interest in accordance with Government Code Section 53079, if
appropriate, to Carl Karcher Enterprises, Inc., pursuant to the road improvement agreement and
Ordinance Code Ssection 94-4.406.
NOW THEREFORE BE IF FURTHER RESOLVED that the warranty period has been
completed and the Road Improvement Agreement and surety bond are exonerated.
\ p
mw
G:GrI hereby certify that this is a true and correct copy of an
G:\GrpData\EngSvc\BO\1999\BO-9-21-99.doc 1999\BO-9-21-99.doc
Originator:Public Works(ES)
action taken and entered on the minutes of the Board of Contact: Rich Lierly(313-2348) Supervisors on the date shown.
cc: Public Works -Tax I.D.95-2415578,Accounting
-R.Bruno,Construction
Current Planning,Community Development September 21, 1999
Carl Karcher,Enterprises,Inc. ATTESTED:
1200 No.Harbor Blvd.,Anaheim,CA 92801 PHIL BATCHELOR, Clerk of the Board of Supervisors
and County Administrator
By 1"'' , Deputy
C�33
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 21, 1999,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DE SAULNIER AND CANCIAMILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUBJECT: Accept Completion of Warranty Period and Release of Cash Deposit for Faithful
Performance, Development Permit 3022-94, Oakley area.
On February 24, 1998, this Board resolved that the improvements for DP 3022-94 were
completed as provided in the Right of Way Landscaping Agreement with Golden Oaks Manor,
L.P. and now on the recommendation of the Public Works Director;
The Board hereby FINDS that the improvements have satisfactorily met the guaranteed
performance standards for the period following completion and acceptance. Therefore, IT IS BY
THE BOARD ORDERED that the Public Works Director is AUTHORIZED to refund the
$1,000.00 cash deposit (Auditor's Deposit Permit No. 266960, dated September 19, 1995) plus
interest to EAH Martin Mackey Development in accordance with Government Code Section
53079, if appropriate, and Ordinance Code Section 94-4.406 and the subdivision agreement.
NOW THEREFORE BE IT RESOLVED that the warranty period has been completed
and the Right of Way Landscaping Agreement and the performance/maintenance surety bond for
$10,500.00, Bond No. 1296707 issued by Amwest Surety Insurance Company are exonerated.
RL:JC:mw
G:\GrpData\EngSvc\BO\1999\BO 9-21-99.doc
Originator: Public Works(ES)
Contact: Rich Lierly(313-2348) I hereby certify that this is a true and correct copy of an
cc: Public Works -Accounting,Federal I.D.94-1699153 action taken and entered on the minutes of the Board of
- J.Florin,M&T Lab Supervisors on the date shown.
-R.Bruno,Construction
Current Planning,Community Development
Golden Oaks Manor,L.P.
c/o EAH
2169 E.Francisco Boulevard,Suite B ATTESTED: SPT)tPmhPr 21 , 19A9
San Rafael,CA 94901 PHIL BATCHELOR, Clerk of the Board of Supervisors
Amwest Surety Insurance Company
100 California Street,#1160 and County Administrator
San Francisco,CA 94111
By ""� , Deputy
3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 21, 1999,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DE SAULNIER AND CANCIAMILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 99/477
SUBJECT: Approval of Road Improvement Agreement for North Gale Ridge Road, RA
1083, Dougherty Valley area.
The following document was presented for Board approval this date for RA 1083,
property located in the Dougherty Valley area.
A Road Improvement Agreement with Shapell Industries of Northern California,
developer, whereby said developer agrees to complete all improvements as required in said Road
Improvement Agreement 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 9 of
the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $19,420.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 337342 (September 2, 1999)
II. Surety Bond
Bond Company: American Casualty Company of Reading, PA
Bond Number and Date: 929097473 (August 26, 1999)
Performance Amount: $1,922,600.00
Labor&Materials Amount: $971,000.00
Principal: Shapell Industries of Northern California
3Y
SUBJECT: Approval of Road Improvement Agreement for North Gale Ridge Road, RA
1083, Dougherty Valley area.
DATE: September 21, 1999
PAGE 2
NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RL:TR:mw I hereby certify that this is a true and correct copy of
G:\GrpData\EngSvc\80\1999\BO 9-21-99.doc an action taken and entered on the minutes of the
Originator: Public Works(ES) Board of Supervisors on the date shown.
Contact:Rich Lierly(313-2348)
cc: Pubic Works- R.Bruno,Construction
Current Planning,Community Development ATTESTED: September 21, 1999
T—July 21,2000(P1)
Sam Worden and Chris Truebridge PHIL BATCHELOR, Clerk of the Board of
Shapell Industries of Northern California
100 Milpitas Blvd.,Milpitas,CA 95035 Supervisors and County Administrator
American Casualty Company of Reading,PA
21650 Oxnard Street,Suite 760,Woodland Hills,CA 91367
r.
By Deputy
ROAD IMPROVEMENT AGREEMENT
Developer.
Shapell Industries of Northern Effective Date:
R. A. 1083 Ca ifornia
Development: Completion Period: I year
Road: Ga/e
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER
J.Michael Walford,Public Works Director
By: (,a8��
(print name ac tide) Marie A. Cook
RECOMMENDED OV Senior Vice President & CFO
By: (signaturc)By'
00
=ictor
g Seryices Division (print name&title) ark e pal
Assistant Secret ry
FORM APPROVEWestman,County Counsel
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code S313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup "and the above-mentioned
Developer,mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,
fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as
reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including
future amendments thereto).
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good
workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code
and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security
to the County:
A. For Performance and Guarantee: S 19,420.00 cash,plus additional security,in the amount of$ 1r 922 600.00
which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of S 971 000.00 ,which is fifty percent(50%)of the estimated cost of the work.
Such security is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor
or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount
securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,
"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system.
5. PLANT ESTABLISHMENT WORK.. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined
by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year
from and after the Board of Supervisors accepts the work as complete.
6. IWROVElk1ENT PLAN WARRANTY. Developer wan-ants 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 development. If,at any time before the Board of Supervisors accepts the work as complete
or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary
to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or
employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of
said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement
as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and
conditions hereof.
8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
E A. The indemnities benefitted and protected by this promise are the County, and its special district, elective and appointive boards,
commissions,officers,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of
actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether
or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and
including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement
and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has
prepared,supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these
matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COSTS,: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,
or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and
charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds
to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer
subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees
to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete
the work.
11. INCORPORATION/ANNEXA.TION. If,before the Board of Supervisors accepts the work as complete,the development is included in territory
incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights
shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms
of this agreement as though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration hereof:
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval
RL:mw
C:\WINDOWS\TEMP\gwprintW G-24.doe
Rev.February 4,1999
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
� State of
California
County of Santa Clara
On before me, Linda A. Fluken, Notary Public ,
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
l
personally appeared Marie A. Cook and Mark Westphal
Name(s)of Signer(s)
J�]personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies),and that by
DA A.FLUKEN his/her/their signature(s)on the instrument the person(s),
C-ommission# 1159356Z or the entity upon behalf of which the person(s) acted,
Notary Public-California
Z , +� a ry executed the instrument.
Z Santa Clara County 1
>� My Comm.Expires Oct 23,2001
.WITNESS my hand and official seal.
f` Sign ure of Notary Public
hh OPT/O AL
Z 1 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent r�
fraudulent removal and reattachment of this form to another document.
Description of Attached Document ?�
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
)t] Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—[I Limited [I General ❑ Partner—❑ Limited El General ?�
❑ Attorney-in-Fact ❑ Attorney-in-Fact ?�
❑ Trustee _ ❑ Trustee
ElGuardian or Conservator El Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: rp here
Signer Is Representing: Signer Is Representing:
®1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
Bond No.: 929097473
Development: RA-1083
Premium: $9,613.00
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer (Principal) has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on, or along RA-1083 60-l' ,e�' �4/to complete said work within the time specified
for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings.
2. BLIGATON: Shapell Industries of Northern California,A Division of Shapell Industries, Inc ppb and
American Casualty
Reading, PA , a corporation organized under the laws of the State of PA
and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves,
our heirs, executors,administrators, successors and assigns to the County of Contra Costa, California to pay
as follows:
A. Performance: One Million Nine Hundred Twenty Two Thousand Six Hundred Dollars
Dollars ($ 1,922,600.00 )for itself or any city assignee under the above County
Road Improvement Agreement, plus
B. Payment: Nine Hundred Seventy One Thousand and NO/100
Dollars ($ 971,000.00 )to secure the claims to which reference is made in Title
15 §§ et seq. of the Civil Code of the State of California.
3. CONDITION:
A. The Condition of this obligation as to Section(2.A.) above is such that if the above bonded Principal,
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and
well and truly keep and perform the covenants, conditions and provisions in the said agreement and
any alteration thereof made as therein provided on it or its part, to be kept and performed at the time
and in the manner therein specified and in all respects according to their true intent and meaning and
shall indemnify and save harmless the County of Contra Costa or city assignee,its officers,agents and
employees, as therein stipulated,then this obligation shall become null and void;otherwise it shall be
and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there
shall be included reasonable costs, expenses and fees, including reasonable attorney's fees, incurred
by the County of Contra Costa or city assignee, in successfully enforcing such obligation, all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.B.) above, is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors, laborers,material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code, for materials furnished, labor
of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work
or labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also, incase suit is brought upon this bond, will pay,in addition to the fact
amount thereof, reasonable costs, expenses and fees, including reasonable attorney's fees, incurred
by the County of Contra Costa or city assignee, in successfully enforcing such obligation, to be
awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein
rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons, companies and corporations entitled to file claims under Title 15 (commencing with Section
3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the work under the conditions of this bond be fully performed, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed
to by the Principal and the County shall relieve the Surety from liability on this bond and consent is
hereby given to make such alteration without further notice to or consent by the Surety and the
Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED:
The undersigned executed this document on August 26, 1999
Shapell Industries of Northern California, American Casualty Company of Reading,
PRINCIPAL: A Division of Shapell Industries, Inc SURETY: PA
Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 760
City: Milpitas CA 95035 City: Woodland Hills CA 91367
By: By: _."/_
Print Name: Marie A. Cook Pmt Name: Marie A. Cook
Title: Sr, vice President & CFO Title: Attorney-in-Fact
:nvw
\CDs vc\Forms\BN WQItD)BN-9.doc
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania
corporation(herein collectively called"the CCC Surety Companies"),are duly organized and existing corporations having their principal offices in
the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint
Marie A.Cook, Individually
of Milpitas,California
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
_In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and
all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,
duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 18th day of June 1 1998
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
OpArr 0- TF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
JULY 3t.
SEAL
SMarvin J.Cashion Group Vice President
State of Illinois, County of Cook,ss:
On this 18th day of June 1 1998 before me personally came
Marvin J. Cashion,to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that
he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he knows the
seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority
given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to
be the act and deed of said corporations.
Jo
1r140TAR:Y J"
SQ7PUSUC
r
1C
My Commission Expires March 6,2000 Mary Jo Abel Notary Public
CERTIFICATE
1, Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this 26th day of August 1999 .
GAS 4 CAP CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
cow"ArtAMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
Zo
JULY 31
SEAL 1902 , •
46
1897
Mary A. Ribikawskis Assistant Secretary
(Rev.10/1/97)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company.
"Article IX—Execution of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group
Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of
policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior
or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any aftomey-in-fact,"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and
certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and
binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company.
"Article WExecution of Obligations and Appointment of Attorney4n-Fact
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group
Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of
policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time
revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and
certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and
binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by
the Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time
to time,appoint,by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,
undertakings and other obligatory instruments of like nature.Such Aftomey-in-Fact,subject to the limitations set forth in their respective
certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach
the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attomey-in-Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of
the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors
on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile
to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the
Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or
undertaking to which it is attached,continue to be valid and binding on the Corporation."
State of California
Santa Clara
County of
On
a`7 -9-2 t�fote n��, Linda.A. Fluken, Notary Public
._.,_. ON41 MAW. TITLE Of OPPICEA.. 'JANE DOE. NOTARY PUBLIC'
personally appeared Marie A. Cook
NAMEts)OF$WWI $)
( X ) personally known to me-OR-(_.._)Proved to me on dw bait of satisfactory evidence to t)e
the POW001 wto the within iflstfltflleflt and acknowledged to me that
rt hW/X" exeatted the sane inMJher4&ft8uL40ft9d Capacity(i* and that byAWher/1PM
sig"tureo)on the inttnanent the psi"). or the entitY upon b"of which the Peraon(Ij acted.
executed the initflt 11 it
LINDA A.FLUKEN `SS my hand mW Seal'
Commission# 1159356 Z 2 0
Z -� Notary Public-California -
Santa Clara County $LONA Of IPTARY
MY Comm.Expires OCt 23,2001
OPTIONAL
Though the data below it not WAWW by Iawt it may prove vahtable to persons relying on the document
WW could Prevent traudttlent roattachfneM of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
(_) INDIVIDUAL
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) (_.)LIMITED
(..j GENERAL
( X ) ArrORNEY-WACT NUMBER OF PAGES
(_) TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PE"S)OR ENTITY(IES)
American Casualty gamm
Of-Reading, Pamsylvania SIGNEA(S)OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPObE ACKNOWLEDGMENT
I State of California
County of
Santa Clara
g a� _G� 1 before me, Linda A. Fluken, Notary Public
On
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public')
f `
I, personally appeared Marie A. Cook
Name(s)of Signer(s) ,
J7 personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s)
i whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies),and that byS
LINDA A.FLUKEN his/her/their signature(s)on the instrument the person(s),
i Commission# 1159356 Z or the entity upon behalf of which the person(s) acted,
z Notary Public-California > executed the instrument.
i Santa Clara County
W Comm.E)ires oct 23.2001
WITNESS my hand and official seal.
r.
Signature of otary Public
OPTIO AL
?� Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fravdulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Ca acit ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
)C7 Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee _
El Guardian or Conservator ❑ Guardian or Conservator --
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827