HomeMy WebLinkAboutMINUTES - 09211999 - C35-C39 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 CANCIAMILI-A
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 99/478
SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for RA 1083
(x-ref. SUB 7796), Dougherty Valley area.
The following document was presented for Board approval this date for, RA 1083 (x-ref,
SUB 7796) located in the Dougherty Valley area.
A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of
Northern California, 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 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:
I. Cash Deposit
Deposit Amount: $1,300.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 337456 (September 7, 1999)
11. Surety Bond
Bond Company: American Casualty Company of Reading, PA
Bond Number and Date: 929097490 (August 31, 1999)
Performance Amount: $128,100.00
Labor&Materials Amount: $64,700.00
Principal: Shapell Industries of Northern California
_57
SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for RA 1083
(x-ref. SUB 7790,Dougherty Valley area.
DATE: September 21, 1999
PAGE 2
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way
Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
I hereby certify that this is a true and correct copy of
RL:TR:mw an action taken and entered on the minutes of the
G:\GrpData\EngSvc\130\1999\130 9-21-99.doc Board of Supervisors on the date shown.
Originator: Public Works(ES)
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,Chris Truebridge and Jim Gold 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 By Q,4r7
Deputy
SUBDIVISION AGREEMENT 2
(Right of Way Landscaping)
(Government Code S66462 and S66463)
Subdivision: RA 1083 (XRef 7796) Effective Date:
Subdivider: Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
X11 Trr3xt-ri es cf N. Calif. A divisicn cf
J. Michael Walford, Public Works Director 9 11 Trrlrd-Hr*,-. Trg-
By; (signature)
(pant name&title) Marie A. Cook
RECOMMENDED FOR APPROVAL: Senior Vice President & CFO
By: (signature)
or-
Englneerin ervices Division (print name&nue) Mark Westpha
FORM APPROVED: Victor J. Westman, County Counsel Assistant Secretary
(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 "County," and the
above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private), drainage improvements,
signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the
improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code SS66410 and following), in a good workmanlike manner, in
accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code
and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code S66499,and
the County Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $ 1,300.00 cash, plus additional security, in the amount
of$ 128.100. 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 Subdivider guarantees performance under this Agreement and maintenance of the work for one year after
its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 64,700.00 ,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 Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment
or furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
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4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or '
workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed, rodent
and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said
plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete.
At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in
any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,officers,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions defined below,and including personal injury,death,property damage, inverse condemnation,or any combination of
these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said
improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning
said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered
by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct
of any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and
subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract,overhead,etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event
the County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even
if Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work, Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith, even
if Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included
in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or
letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party
beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
:rrnv
C:IWINDOWSITEMRgwprintW G-30A.doc
Rev.November 19.1998
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _
State of California
County of Santa Clara
Sept. 2, 1999 Linda A. Fluken, Notary Public
On before me,
Date Name and Title of officer(e.g.,'Jane Doe,Notary Public") 1
personally appeared Marie A. Cook and Mark Westphal
Names)of Signer(s)
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
db same in his/her/their authorized capacity(ies),and that by ,
LINDA A.FLUKEN his/her/their signature(s)on the instrument the person(s),
Commission# 1159356 z or the entity upon behalf of which the person(s) acted,
..d Notary Public-Callifomia executed the instrument.
Santa Clara County
My Comm.EXPh'es W 23,2001
WITNESS my hand and official seal. 6
Signature of No ry Public
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
frafxdulent removal and reattachment of this form to another document.
Description of Attached Document
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Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
�S
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signers Name: ?�
71 Individual ❑ Individual
' Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner--❑ Limited ❑ General ❑ Partner--❑ Limited General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee
❑ Trustee rp
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F7 Guardian or Conservator 7, Guardian or Conservator z�
❑ Other: Top of thumb here 71 Other: umb 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 1-840-876-6827
Subdivision: RA 1083 (XRef 7796)
Bond No.: 929097490
Premium: $641.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. RECITAL OF SuppmsioN AGREEMENT: The Principal has executed an agreement with the County to install
and pay for public right of way landscaping, and other related improvements in Subdivision RA 1083
(XRef 7796) as specified in the Subdivision Agreement (Right of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions
for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: Shapell industries of Northern California,A Division of Shapell Industries, Inc _,as PlirlCipal,and
American Casualty Company of Reading, PA ,a corporation organized existing under the laws
of the State of PA and authorized to transact surety business in California,
as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: One Hundred Twenty Eight Thousand One Hundred Dollars
Dollars($ 128,100.00 for itself or any city assignee under the above County
Subdivision Agreement, plus
B. Payment: Sixty Four Thousand Seven Hundred and NO/100
Dollars ($ 64,700.00 ) to secure the claims to which reference is made in Title
XV (commencing with Section 3082) of Part 4 of Division HI 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 bounded Principal,
his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on is or its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
r'X0 A-part of the obligation secured hereby and in addition to the face amount specified therefore, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfiffiy enforcing such obligation, all to be taxed as costs
and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors, laborers,material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such
work or labor,that said surety will pay the same in an amount not exceeding the amount herein above
set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount
thereof, costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by
County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be,included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to Me claims under Title 15 (commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a ri&of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be My performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby
given to make such alteration without ftu-ther notice to or consent by Surety;and the Surety hereby
waives the provisions of California Civil Code Section 2819, and holds itself bound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on August 31, 1999
Shapell Industries of Northern American Casualty Company of
PRINCIPAL: California,A Division of Shapell SURETY: Reading, PA
Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 760
Woodland Hills Zi 91367
City: Milpitas 95035 City:
By: By:
Print Name: Marie A. Cook Print Name: Marie A. Cook
Title: Senior Vice President & CFO Title: Attorney-in-Fact
:MW
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania
corporation(herein collectively called"the CCC Surety Companies"),are duly organized and existing corporations having their principal offices in
the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint
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
��l�c►�suq�rl � "�0e4r NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
coaPoRArr
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
ar � ����4T�o
a JULY 31,
�J SEALS
1897 +►1�'�' •
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,ss:
On this 18th day of June 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.
H jam
NOTARY
PUSUC
My Commission Expires March 6,2000 Mary Jo Abel Notary Public
CERTIFICATE
I, 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 31st day of August 1999 .
CONTINENTAL CASUALTY COMPANY
G �RC�. °�4' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
g AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
�+ c°aF'°a'�rE ar � o? .�NCaRraLotfo
a ` JULY 21,
0SEAL 1902
1897 MAi1'�" •
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 Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group
Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of
policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior
or Group Vice President or the Board of Directors, may,at any time,revoke all power and authority previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the 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 VI—Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group
Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of
policies of insurance, bonds,undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time
revoke all power and authority previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and
certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and
binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by
the Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time
to time,appoint, by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,
undertakings and other obligatory instruments of like nature.Such Attomey-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."
i wn
State of California
Santa Clara
County of
On Sept. 2, 1999 Linda.A. Fluken, Notary Public
Oat* NAME. TME OF OFACEA.. *JANE OOE. NOTARY PUBIC'
Personally appeared Marie A. Cook
W-WISt OF StWf4s1
t X-) personally known to me-OR - (_.)proved to me on the basis of satisfactory evidenCe to be
the person* to the within instrument and acknowledged torte that
ftW/she/Xl.y executed the Same in*WhefftKauthorized capaaty(jWk and that by*Wh4W/qlft
souturek) on the instrument the Oen), or the engty upon WW of which the person(JI acted.
executed the inabument.
TTs-a,614y
mhand oAkia!seal.
LINDA A.ELUKEN
Commission# i 159356
Z Notary Public-Colifotnl0 _
Santa Clara County laVAE Of T Y
My Comm.Egnes Oct 23,2D 1
OPTIONAL
Though the data below is not squired by law, it may prove valuable to persona relying on the document
and could prevent haudtrtetst reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
(.j INDIVIDUAL
(_) CORPORATE OFFICER
TITLES) TITLE OR TYPE OF DOCUMENT
(_)
PARTNER(S) (_.)LIMITED
�---)GENERAL
NUMBER OF PAGES
(X) AITOANEY•IN-FACT
(_) TRUSTEE(S)
(..._.) GUARDIAN/CONSERVATOR
(.._) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PE - OR ENTITY(IES)
American Casual
of-Readim, Ivania SIGNER(S)OTHER THAN NAMED ABOVE
.CALIFORNIA ALL-PURPOUE ACKNOWLEDGMENT
G
State of California
County of Santa Clara
Onbefore me, Linda A. Fluken, Notary Public i
i Date Name and Title of officer(e.g.,"Jane Doe,Notary Public")
t personally appeared
Marie A. Cook
Names)of Signer(s)
1 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
!.lNDAA.�LUKEN
his/her/their signature(s)on the instrument the person(s),
�
Commission# 1159356 Z or the entity upon behalf of which the person(s) acted,
Z Notary Public-California ; executed the instrument.
Santa Clara County
! My Comm.Expires Oct 23,2W 1
WITNESS my hand and official seal.
J
Signatuof-Zre otary Public
OPTION L ey
Zai Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent S
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)
µ
Signer's Name: Signer's Name:
� ❑ Individual
El Individual
)t] Corporate Officer ❑ Corporate Officer ?�
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner--❑ Limited ❑ General ?�
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
11Guardian or Conservator ❑ Guardian or Conservator '-
❑ Other: Top of thumb here 7, Other: Top of thumb here
i'
Signer Is Representing: Signer Is Representing:
i
0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toil-Free 1-860-876-6827
` ` ` 44 ��I�
44I I"
I�(�1
li
Recorded at the request of.
Contra Costa County CONTRA COSTA Co Recorder Office
Public Works Department
Engineering Services Division STEPHEN L. WEIR Clerk-Recorder
Return to: DOC— 199b-0255287—00
Public Works Department
Engineering Services Division F, SEP 24, 1999 10:33:29
FRE $0.00 Nbr-0000681316
Ttl Pd $0.00 Irc/R9/1-7
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 GANCIAMILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO.: 99/479
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED
FOR RECORDING ONLY:
INSTRUMENT REFERENCE GRANTOR AREA
Offer of Dedication RA 1083,RA 1086 Shaped Industries, Dougherty Valley
for Roadway Purposes (x-ref. SUB 7796) Inc., a Delaware Corp.
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:TR:mw
G:\GrpData\EngSvc\BO\1999\BO-9-21-99.doc
Originator: Public Works(ES) ATTESTED: September 21, 1999
Contact: Rich Lierly(313-2348) PHIL BATCHELOR, Clerk of the Board of Supervisors
cc: Recorder(via Clerk)then PW Records and County Administrator
Current Planning,Community Development
Sam Worden and Chris Truebridge
Shapell Industries of Northern California
100 No.Milpitas Blvd.,Milpitas,CA 95035 By Deputy
Recorded at the request of:
Contra Costa County
Public Works Department
Return to:
Public Works Department
Records Section
Area: Dougherty Valley
Road: Dougherty Rd.&North Gale Ridge Rd.
Co.Road No.:
Development No.: R.A.1083&R.A.1086(XRefSub 7796)
APN: 217 060 036&206 040 002
OFFER OF DEDICATION ROAD PURPOSES
Shapell Industries,Inc.A Delaware Corporation,,the undersigned,being the present title owner
of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication
to CONTRA COSTA COUNTY, a political subdivision of the State of California, and its
successors or assigns, for street, highway landscaping and other related purposes including
maintenance thereof, the real property situated in the County of Contra Costa, State of California,
described in Exhibit "A" (written description) and shown on Exhibit "B-1" and "B-2" (plat map)
attached hereto.
It is understood and agreed that CONTRA COSTA COUNTY and its successors or assigns shall
incur no liability with respect to such offer of dedication, and shall not assume any responsibility for
the offered parcel of land or any improvements thereon or therein, until such offer has been accepted
by appropriate action of the Board of Supervisors,or of the local governing bodies of its successors
or assigns.
The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns,
and personal representatives of the respective parties hereto.
The undersigned executed this instrument on September 7, 1999.
Daniel W. ]Lnc�&�
Vice President
(Signature)
(/Assistant- C. Truebridge
'Secretary
(See attached notary)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _ �\
•`i\�/\��..�/\ nw.\�\�... �r.�\ter\,.y\,r��^ter\..y\.�/\,..,r\ .y\ ..y♦.�r�rV,...\'V`,=v\^/\-i/\ ��/\r�N�^.���.N\.��1��.�^iN\ .r\� .�\A`.�%
/\..Ai.,`•,1_ �C:�.[�i��.�L�'\��tif '1� �•.rt ^ .1i\..1\1i`.� ..�`'�`Ili.A.�'L.:_A-;i\-.•L A..A.. •�\
State of California
County of Santa Clara
S
On
September �� 1999 before me, Linda A. Fluken, NotaryPublic
7 Date Name and Title of Officer(e g..'Jane Doe,Notary Public")
personally appeared Daniel W. Hancock and J. C. Truebridcte r'
7 Namels)of sig"$)
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
rand acknowledged to me that he/she/they executed the
LINDA A.FLUKEN same in his/her/their authorized capacity(ies),and that by
A
' Commission# 11593% his/her/their signature(s)on the instrument the person(s),
Z, California� Notary Public-Colifoc or the entity upon behalf of which the person(s) acted,
-`� Santo Caro County
My Comm.Expiresoctn=l executed the instrument.
WITNESS my hand and official seal.
\
Sigr
A
re Of, ubhC
OPTION)L
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
1 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)
A
Signer's Name: Signer's Name:
C Individual Individual
X_X Corporate Officer Corporate Officer
Title(s): Title(s):
Partner—= Limited General = Partner—= Limited .' General
C Attorney-in-Fact ` Attomey-in-Fact
Trustee - Trustee
Guardian or Conservator e – Guardian or Conservator e
Other: Top of thumb here _ Other: Top of thumb here
Signer Is Representing: Signer Is Representing: X
L �-^.� _•.`-v_V�\ �,.� ...\.--•-�r'�-�r't-��-�'�•-v�r".r`r�'V�-Irv-�.`^`-1i��.�.�-Irv--'�r�`�V��v��./��`• '.�'_�--�•.• t:f...�:;r`._,,��cc--,,�. �._-a—ti.,
,D 1.995 National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park.CA 91309-7184 Prod.No.=907 Reorder Call Toll-Free;-800-876-6827
Of
Book 14029 O.R. Page 677
Shapell
County of Contra Costa
Road Right of Way
"Exhibit A"
Legal Description
N.Gale Ridge Road and Dougherty Road Right of Way
Real property situate in the unincorporated area of the County of Contra Costa, State of California,being a
portion of the parcel described in the deed to Shapell Industries,Inc. a Delaware Corporation,recorded on
November 20, 1987 in Book 14029 of Official Records at Page 677 in said County described as follows:
Commencing at the most northeasterly comer of the map entitled"Subdivision 7796"filed on October 29,
1997 in Book 395 of Maps at Page 47;thence along the easterly line of said map, 5.00100'00"E., 588.810
meters to the Point of Beginning;thence leaving said easterly line,N.68*21'57"E., 108.100 meters to a
curve to the right having a radius of 173.154 meters,a delta of 33'13'09";thence along said curve an arc
length of 100.392 meters;thence S.78'24'54"E., 126.333 meters to a curve to the right having a radius of
163.000 meters,a delta of 10"26'54";thence along said curve an arc length of 29.724 meters;thence
S.67058'00"E.,25.735 meters to a curve to the left having a radius of 16.000 meters,a delta of 89"58'45";
thence along said curve an arc length of 25.127 meters;thence N.22'03'1 5"E., 39.803 meters to a curve to
the right having a radius of 312.572 meters,a delta of 03022'02";thence along said curve an arc length of
18.370 meters;thence N.25'25'17"E.,35.156 meters to a curve to the left having a radius of 602.028
meters,a delta of 05'15'08";thence along said curve an arc length of 55.187 meters to a compound curve
having a radius of 175.308 meters,a delta of 09039'36";thence along said curve an arc length of 29.557
meters;thence S.80057'14"E., 17.302 meters to a non tangent curve to the right having a radial which bears
S.81'21'36"E., a radius of 210.935 meters,a delta of 12037'39";thence southerly along said curve an arc
length of 46.488 meters;thence S.21*16'03"W., 54.247 meters;thence 5.18*5236"W., 58.403 meters to a
curve to the left having a radius of 301.800 meters, a delta of 10044'21";thence along said curve an arc
length of 56.568 meters;thence S.08'03'19"W., 89.204 meters to a non tangent curve to the right having a
radial which bears S.81'51'45"E. a radius of 477.476 meters,a delta of 08044'05";thence along said curve
an arc length of 72.791 meters;thence N.73*18'38"W., 16.944 meters to a non tangent curve to the left
having a radial which bears 5.74°49'38'"E.,a radius of 175.308 meters, a delta of 04°09'31";thence
northerly along said curve an arc length of 12.724 meters;thence N.11°00'51'"E., 1.206 meters to a curve to
the left having a radius of 297.228 meters,a delta of 09107'41";thence along said curve an arc length of
47.353 meters;thence N.01*53'10"E.,31.904 meters to a curve to the right having a radius of 312.572
meters,a delta of 07'57'48";thence along said curve an arc length of 43.443 meters to a reverse curve
having a radius of 24.000 meters,a delta of 7748'58";thence along said curve an arc length of 32.596
meters;thence N.67'58'00"W.,59.318 meters to a curve to the left having a radius of 125.000 meters,a
delta of 10'26'54";thence along said curve an arc length of 22.795 meters;thence N.78"24'54"W., 101.327
meters to a curve to the left having a radius of 151.154 meters,a delta of 33013'09";thence along said curve
an arc length of 87.637 meters;thence S.68'21'57"W., 116.826 meters to said easterly line;thence along
said easterly line,N.00'00'00"W.,23.667 meters to the point of beginning.
Containing: 18,210 Sq rn
ILA, D
S SEtz
t&rles F. Seftman L.S. 5186
Lice /2 No.5186
,V.e expires?/?O 003
EXPIRES 6-30-03
Date
FILE: P:\JOBS-97\971132\SURVEY\NGALERW.DES
PRINT DATE:_Sq timber 1,1999 C
DATE:
Book 14029 O.R.Page 677
Shapell
County of Contra Costa
Slope&Storm Drain Easement
Exhibit"A"
Legal Description
N.Gale Ridge Road Slope&Storm Drain Easement
Real property situate in the unincorporated area of the County of Contra Costa,State of California,being a
portion of the parcel described in the deed to Shapell Industries, Inc. a Delaware Corporation,
recorded on November 20, 1987 in Book 14029 of Official Records at Page 677 in said County
described as follows:
PARCEL1
Commencing at the most northeasterly comer of the map entitled"Subdivision 7796"filed on October 29,
1997 in Book 395 of Maps at Page 47;thence along the easterly line of said map,S.00000'00"E.,588.810
meters;thence leaving said easterly line,N.68021'57"E., 108.100 meters to a curve to the right having a
radius of 173.154 meters, a delta of 33'13'09";thence along said curve an arc length of 100.392
meters;thence S.7802454"E.,62.658 meters to the Point of Beginning; thence NA 1035'06"E., 8.955
meters; thence S.7603 1'30"E., 28.811 meters;thence N.45'23'09"E., 28.006 meters; thence
S.70°04'11"E., 71.501 meters; thence S.83053'48"E.,25.479 meters;thence S.22003'1 5"W., 18.179
meters to a non tangent curve to the right having a radial which bears S.67'56'45"E., a radius of
16.000 meters, a delta of 89058'45";thence southerly and westerly along said curve an arc length of
25.127 meters;thence N.6758'00"W.,25.735 meters to a curve to the left having a radius of 163.000
meters,a delta of 10'26'54";thence along said curve an arc length of 29.724 meters;thence N.7802454"W.,
63.675 meters to the Point of Beginning.
Containing: 3,154 Sq M
PARCEL 2
Commencing at the most northeasterly comer of the map entitled"Subdivision 7796"filed on October 29,
1997 in Book 395 of Maps at Page 47;thence along the easterly line of said map, S.00'00'00"E.,612.478
meters;thence leaving said easterly line,N.68'21'57"E., 116.827 meters to a curve to the right having a
radius of 151.154 meters,a delta of 33013'09";thence along said curve an arc length of 87.637 meters;
thence S.78'24'54"E.,62.658 meters to the Point of Beginning;thence S.78'2454"E.,38.669 meters to a
curve to the right having a radius of 125.000 meters,a delta of 10026'54";thence along said curve an arc
length of 22.795 meters;thence S.67'58'00"E.,59.318 meters to a curve to the right having a radius of
24.000 meters,a delta of 77048'58";thence along said curve an arc length of 32.596 meters to a reverse
curve having a radius of 312.572 meters,a delta of 02'35'28";thence along said curve an arc length of
14.136 meters;thence N.19°17'09"W., 15.547 meters;thence N.67'43'36"W.,33.664 meters;thence
N.86028142"W.,76.197 meters;thence N.11°35'06"E.,32.888 meters;thence N.80°17'29"W.,23.568
meters;thence N.11°35'06"E.,8.801 meters to the Point of Beginning.
Containing: 3,480 Sq M
Cta'-rles F Sellman L.S. 5186 S SE44ALF
+
License expires 6/30/2003 0
2- 2 No.5186
Date EXPIRES 6x0.43
FILE: P:\JOBS-97\9711321SLTRVEY\NGALESLO.DES
PRINT DATE:September 7,1999
DATE:
--- . POINT OF Line Tobe
LINE BEARING DISTANCE
Ll N68T1'57"E 108.100m 0 50 100 150
L2 S78&2454"E 126.333m ion m
L3 N67*58'00"W 25.735m
h L4 N22`03'15'E 39.803m -'N- (IN METERS)
L5 N25*25'17"E 35.156m SCALE 1: 3000
L6 580057'14"E 17.302m
o ' L 7 S21°16'03"W 54.247m
L8 S18"5236"W 58.403m A81 X1'.36" R
L9 S08`03'190W
vLIQ N73°18'38"W 16,944in L6
°D L l l N11`00'51"E 1.206m
c6
L 12 N01 '10" 31.904m N69"49 51" C7
L 13 S67°56'00"E 59.318m R
L 14 N7802454"W 101.3 7m
,S c5,
L 1517"W '116.826m L7
$ '
L161 N00000,00 E U
L5
Z �
C1 C4
L1 .._ L2 C2 L3 L4 L8
--
POINT OF ; �� �„ K 4 •• C3 0 WA Y
BEGINNING � �� 1��•.� ab" J��
R/W .� . C1 8
L1
15 L1
Curve Tobe y C
CURVE RADIUS DEL TA LENGTH 80� 0 L9
Cl 173.154m3'1 '0 " lQg22m C12
C2 163.000m 10 ' 4" 29.724m
' C3 16.000m " 5.127m L 12
' C4 312.572m ' " I&370m
C5 602.02&n 0515'08," 55.187m C11
C6 175.30&n 09'3936" 29.557m L ll CY
C7 210.935m i2orliga 46 C10 �
C8 jQl.800m 10'44'21" 56.56&n o N
' C9 477.476m '44' " 72.791m N74
49
C10 I 175.308m 04V9'31" 12.724m L 10
Cll '297.228m 09'07'41" 47m
j MJ
C12 31 .572m Qn7'48" 43 443m LEGEND
C13 I2 .000m 77'4858' 2.596m R/1N
C14 123.000m 1 ' 4" 22.795rn
C15 15t.1 3'1 ' " 7.L37m
EXHIBIT 'B-1" ItWUWmw%wfmVVMw-°' mm
PLOT TO ACCOMPANY jZ�ern
ensen
LEGAL DESCRIPTION Azar & Associates
6601 O*ENS RIVE. SUITE 155 • PLEASANTON. CA 94588
PHONE: (925) 227-9100• FAX: (925) 227-9300
SCALE: TE: JOB NOT:
GbIVTRA G10STA CIX/NTr CAUFgRN/A �; 300n 8-20-99 971132
' Curve Tobe Line Tobe
CURVE RADIUS DELTA LENGTH LINE BEARING DISTANCE
C1 173.154m 3 °13'09' 100.392m L1 N68*21'57"E 108.100m
C2 16.000m jU58'45m 25.127m L2 S78&2454"E 62.658m
C3 163.000m 1 6'54" 29.724m L3 N11 OJ5'06"E 8.955m
C4 f 1.1 4m °13'09" 87.637m L4 S76&J1'30"E 28.811m
C5 125.000m 1 6'54" 22.795m L5 N45*23'09"E 28.006m
C6 24.000m 77°48'58" 32.596m L6 S70`04'11"E 71.501m
C7 312.572m 0 *J5'28" 14.136m L7 S63*5348"E 25.479m
L8 N *O '1 "E 18.179m
L9 N67a58'00"W 25.735m
POINT OF L10 N7802454"W 63.675m
COMMENCEMENT L11 I S68*21'57"W 116.826m
L121 N78*24'54"W 2.658m
L13 S78*2454"E 38.669m
L 14 S67458'00"E 59.318m
_N.^ L15 N19°17'09"W 15.547m
L16 N67°4336"W .664m
L17 N86*2842"W 6.197m
L 18 N11°35'06'E .888m
L19 N80°1729"W3.568m
U) L201 N11*35'06"E &801m
�
N 0 75 150
rrAww
V
:3 ( IN METERS )
o SCALE 1. 3000 S40PE & STORM DRAIN
EASEMENT PARCEL 1
z $ P.0.B. (PARCEL 1) L5 (0.J15 ho-4)
L3
L1 L2 L4 L6 L7
C1 C3
�p�►O L10 L 13 L8
C4 L12 L14 N6! •
�. L20 L9
11 P.0.8. (PARCEL 2) L 19 C5 C6 �
LEGEND L18 L17 S 80tD2'
SLOPE & STORM DRAIN E R
RI y EASEMENT PARCEL 2 L 15 C7
(0.348 haf) L16
SLOPE & STORM DRAIN
EASEMENT
EXHIBIT wB"2 w &�Icoa�Il,�9�rflal,�,>R�Slap+�vraic
PLOT TOACCOMPANY Ruggers �'Jensen -
LEGAL DESCRIPTION Azar Associates
OW OWENS DRIVE. SUITE 153 • PLEASANTON. CA 94558
SCALE: DATE:
CONTRA COSTA CWNTY, CAL FORN/A 1. 30i00 8_24-99 97 132
II IIIIIIIIIIIII
II I IIII I II II IIII
(IIII
II II II III II I I
Recorded at the request of: CONTRA COSTA Cc Recorder Office
Contra Costa County
Public Works Department STEPHEN L, WEIR, Clerk-Recorder
Engineering Services Division DOC— 199 .0 5528 — 0
Return to:
Public Works Department F, SEP 24, 1999 10:33:35
Engineering Services Division FRE $0.00
Tt1 Pd 50.00 Nbr-•4000681317
Ire/R9/i-5
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.: 99/480
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED
FOR RECORDING ONLY:
INSTRUMENT REFERENCE GRANTOR AREA
Offer of Dedication RA 1083,RA 1086 Shapell Industries, Dougherty Valley
for Drainage Purposes (x-ref. SUB 7796) Inc., a Delaware Corp.
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:TR:mw
G:\GrpData\EngSvc\BO\1999\BO-9-21-99.doc
Originator: Public Works(ES) ATTESTED: September 21, 1999
Contact: Rich Lierly(313-2348) PHIL BATCHELOR, Clerk of the Board of Supervisors
cc: Re order(via Clerk)then PW Records and County Administrator
Cu�y�flE�Pfi�n�nt�ig,�tfrtlfi nity— to�f"iient
Sam Worden and Chris Truebridge
Shapell Industries of Northern California
100 No.Milpitas Blvd.,Milpitas,CA 95035 By �j� ,Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of -California
>i
County of Santa Clara
beforeme, Linda A. Fluken,, Notary Public
On September 7, 1999
Date Nam and ride ot Offlow(eg..-Jane Doe.Notary Public")
N'
'4*
personally appeared Daniel W. Hancock and J.C. Truebidger
Names}of Sigr"s)
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 r�
and acknowledged to me that he/she/they executed the
11-INDA A.FLUKEN same in his/her/their authorized capacity(ies),and that by
!LQ-z
Commission# 1159356 his/her/their signature(s)on the instrument the person(s),
Notary Public-California or the entity upon behalf of which the person(s) acted,
z
Z Santa Clara County executed the instrument.
My Comm.Bores Oct 23,2MI
WITNESS my hand and official seal.
gg—nature tafy Putnc
OP AL
Though the information below is not required by/aw, it may prove valuable to persons relying on the document and could prevent
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(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
7 Individual Individual
4x- Corporate Officer Corporate Officer
Title(s): Title(s):
7 Partner Limited General
C' Partner Limited General
7, Attomey-in-Fact Attomey-in-Fact
1�_ Trustee = Trustee
Guardian or Conservator
E Guardian or Conservator M OF SIGNER
Other: T op of thumb here Other: Top of thumb here
N
ti
X Signer Is Representing: Signer Is Representing:
NZ,
0 1995 National Notary Associanon 8236 Rernmet Ave..P.O.Box 7184•Canoga Park.CA 91309-7184 Prod.No.5907 Reorder Caii'oti-Free 1-800-876-6827
Book 14029 O.R. Page 677
Shapell
County of Contra Costa
Storm Drain Easement
Exhibit"A"
Legal Description
N. Gale Ridge Road Storm Drain Easement
Real property situate in the unincorporated area of the County of Contra Costa, State of California,being a
portion of the parcel described in the deed to Shapell Industries, Inc. a Delaware Corporation,
recorded on November 20, 1987 in Book 14029 of Official Records at Page 677 in said County
described as follows:
PARCEL I
Commencing at the most northeasterly comer of the map entitled"Subdivision 7796" filed on October 29,
1997 in Book 395 of Maps at Page 47;thence along the easterly line of said map, S.00"00'00"E., 588.810
meters;thence leaving said easterly line,N.68'2 1'57"E., 108.100 meters to a curve to the right having a
radius of 173-154 meters, a delta of 33013'09"; thence along said curve an arc length of 100.392
meters;thence S.78124'54"E., 62.658 meters to the Point of Beginning;thence N.11°35'06"E., 8.955
meters; thence S.76'3 1'30"E., 28.811 meters;thence N.45'23'09"E.,28.006 meters; thence
S.70004'1 I"E.5 71.501 meters; thence S.83053'48"E., 25.479 meters; thence S.22'03'1 5"W., 18.179
meters to a non tangent curve to the right having a radial which bears S.6756'45"E., a radius of
16.000 meters, a delta of 89'58'45"; thence southerly and westerly along said curve an arc length
of 25.127 meters;thence N.67058'00"W.,25.735 meters to a curve to the left having a radius of 163.000
meters, a delta of 10'26'54";thence along said curve an arc length of 29.724 meters;thence
N.78024'54"W., 63.675 meters to the Point of Beginning.
Containing: 1,154 Sq M
PARCEL 2
Commencing at the most northeasterly comer of the map entitled"Subdivision 7796" filed on October 29,
1997 in Book 395 of Maps at Page 47;thence along the easterly line of said map, S.00000'00"E.,612.478
meters; thence leaving said easterly line,N.68'21'57"E., 116.827 meters to a curve to the right having a
radius of 151.154 meters,a delta of 33'13'09";thence along said curve an arc length of 87.637 meters;
thence S.78'24'54"E., 62.658 meters to the Point of Beginning;thence S.78'24'54"E.,38.669 meters to a
curve to the right having a radius of 125.000 meters,a delta of 10'2654";thence along said curve an arc
length of 22.795 meters;thence S.67'58'00"E.,59.318 meters to a curve to the right having a radius of
24.000 meters,a delta of 77'48'58";thence along said curve an arc length of 32.596 meters to a reverse
curve having a radius of 312.572 meters,a delta of 02'35'28";thence along said curve an arc length of
14.136 meters;thence N.19'17'09"W., 15.547 meters;thence N.67'43'36"W.,33.664 meters;thence
N.86028'42"W., 76.197 meters;thence N.11°35'06"E.,32.888 meters;thence N.80*17'29"W.,23.568
meters;thence N.11°35'06"E., 8.801 meters to the Point of Beginning.
Containing: 3,480 Sq M
'
LAND S&
Charles FlAelhna�nL.§-. 5186 ss�z
License expires 6/30/2003 4X 0
f, 1, It ft
Date No.5186 yk
EXPIRES WH3
FILE: P:\JOBS-97\971132\SURVEY\NGALESL.DES tr
PRINT DATE:September 1,1999
DATE:
<,,0,F_C
J0001F 72
. Curve Table Line Tobe
CURVE RADIUS DEL TA LENGTH LINE BEARING DISTANCE
C1 173.154m J!73'09" 1D0.392m L 1 N68*21'57"E 106.100m
C2 16.000m 8,9='45" 25.127m L2 S78*2454"E 62.656m
C3 163.000m 1 6'54" 29.724m L3 N11 X5'06"E 8.955m
C4 1 1.154m 3- '73' 9" 87.637m L4 S76031'30"E Z8.811m
C5 125.000m 1 6' 4" 22.795m L5 N45*23'09"E 8.006m
C6 24.0001m 7704858" 32.596m L6 S70004'11"E 71.501m
C7 312.572m 1 0 *V28 I 14.136m j L 7 S8jW' "E 25.479m
L8 N22*03`151F 18.179m
L9 I N67 58'00"W 25.735m
POINT OF L10 N78024'54"W 63.675m
COMMENCEMENT L11 S68021157"W 1'16.826m
L121 N7802454"W 62.6561n
L 13 I S78*2454"E .669m
L141 S67`'58'00"E 9.318m
-N T L 15 N19"17'09"W 15.547m
L 16 N67"4336"W JJ.664m
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L17 N8602842"W 76.197m
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L18 I N11 '06"E 32.888m
L191 N8001729"W3.56&n
L20 N11" " .$01m
0 75 150
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SCALE 1. 3000
SLOPE &SEMENT PARCELRAIN
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EXHIBIT .B_2w x�T�w�n�.�rwuTs�car�rrorc
PLOT TO ACCOMPANY jene�
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LEGAL DESCRIPTION Azar &.Associates
OWOVkNS DRIVE. SUITE 155 • PLEASANTON. CA 94588
SCALE: DATE:
CONTRA COSTA Cts W,, CAIFDRN/A f: 3000 8-24-99 9T 1,32
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
kdopted this Order on September 21, 1999,by the following vote:
YES: SUPERVISORS GIOIA, UILKEMA, GERBER, DE SAULNIER AND CANCIAMILIA
IES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 99/481
SUBJECT: Approval of Road Improvement Agreement for Lilac Ridge Road, RA 1082,
Dougherty Valley area.
The following document was presented for Board approval this date for RA 1082,
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: $2,400.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 331987 (May 18, 1999)
II. Surety Bond
Bond Company: American Casualty Company of Reading,PA
Bond Number and Date: 929097430 (May 20, 1999)
Performance Amount: $238,780.00
Labor&Materials Amount: $120,600.00
Principal: Shapell Industries of Northern California
SUBJECT: Approval of Road Improvement Agreement for Lilac Ridge Road, RA 1082,
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.
I hereby certify that this is a true and correct copy of
Fd.:TR:mw an action taken and entered on the minutes of the
G:1GrpData\EngSvc\130\1999\130 9-21-99.doc Board of Supervisors on the date shown.
Originator: Public Works(ES)
Contact:Rich Lierly(313-2348)
cc: Pubic Works- R.Bruno,Construction
Current Planning,Community Development ATTESTED: September 21, 1999
T—July 21,2000(P I) -
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
21.650 Oxnard Street,Suite 760,Woodland Hills,CA 91367
By Deputy
6)
ROAD IMPROVEMENT AGREEMENT
Shapell Industries of Northern
Developer: California , A L'2)VI*S j Effective Date:
Development:RA 1082 Completion Period: I year
Road: Lilac Ridge Road
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER
J. Michael Watford,Public Works Director
BY:
(print w utw Marie A.— Cook
RECOMMEND ROV Chief Financial Officer
BBY: L o,
y:
E Services Division (Print MM de) ice r e s i en
J. C. Truebri ge
PPR
V/
FQPrA APPROVED: Vi for J.Westman,County Counsel
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code 5313.)
I PARTIES &DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called "County"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 2 ,400. 00 cash,plus additional security,in the amount of S2 3 8 ,8 0 0 . 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.
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 sl 2 0 j,6 0 0 . 0 0 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
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 S944.408 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.
CAtIF.ORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On May 11 , 1999 before me, Linda A. Fluken, Notary Public
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
Marie A. Cook and J C Truebrid e
personally appeared C. g ?
h
Name(s)of Signer(s)
�C,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
LINDA A.FI.UKEN same in his/her/their authorized capacity(ies),and that by
44;
CofLIND io-t# 1154his/her/their signature(s)on the instrument the person(s),
ZNotary Public-Cal'stomie or the entity upon behalf of which the person(s) acted,
Santa Clara County executed the instrument.
My comm. Oct23,20D1
WITNESS my hand and official seal.
-Ad
Signa( re of Notary Public
OPTIO rAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
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(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner--❑ Limited ❑ General ❑ Partner--❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
( ❑ Guardian or Conservator • , ili
❑ Guardian or Conservator ,
C .7 Other: Top of thumb here r! Other: Top of thumb here
NSigner Is Representing: Signer Is Representing:
�'
01995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:call Toil-Free 1.800-876-6827
Bond: 929097430
Premium:$1,194.00
NPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee,and Payment)
(California Government Code SS66499 -66499.10)
1. RECITAL OF ROAD INPROVEAMNT AGREEMEn: The Principal has executed an agreement with the County
to install and pay for street,drainage and other improvements on, or along T i 1 'dwpct
102v4 1092- -and to complete said work within the time specified for completion in the Road
Improvement Agreement, all in accordance with State and local laws and rulings.
Shapell Industries of Northern
Z. OBLIGATION: California, A Division of Shapell Industries, Inc _ as Principal, and
American Casualty Company of Reading,, PA a corporation organized existing under the laws of the
State of PA and authorized to transact surety business in California,
as Surety,hereby jointly and severally bind ourselves,our heirs,executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. performance: Two Hundred Thirty Eight Thousand Eight Hundred Dollars Dollars
($_238,800.00 1 for itself or any city assignee under the above County Road
Improvement Agreement,plus
B. payment: One Hundred Twenty Thousand Six Hundred Dollars
($_L120,600.00 )to secure the claims to which reference is made in Title 15 33
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,
his or its heirs,executors,administrators,successors or assigns,shall in all dii ngs stand to and abide
by, and well and truly keep and perforin the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on is or its part, to be kept and
performed at the time and in the manner therein specified,and in all respects according to their true
r
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,theft 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 addidon to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered.
B. The con4ition 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 humished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred Oy County(or city assignee)in successfully enforcing such obligation, to be awarded and
fixed by the court,and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California, so as to give a right of
action to thorn or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect,
C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed
to by the Principal and the County shall relieve any Surety from liability on this bond;and consent
is hereby given to make such alteration without further notice to or consent by Surety,and the Surety
hereby waives the provisions of California Civil Code Section 2819,and holds itselfbound without
regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED: The undersigned executed this document on May 20, 1999
Shapell Industries of Northern California, A Division of American Casualty Company of Reading, PA
pp1NCIpAL-. Shapell Industries, Inc SURETY;
Address: 100 North Milpitas Boulevard ess: 2 Oxnard Street, Suite 760
0
City: Milpitas CA nc! city: Woodland F)IIs CA 91367
e95035
By:
L�� .M--�p
Print Name: Marie A. Cook Print Name: Pamela L. Stocks
Title: Assistant Vice President/Chief Title: Attorney-in-Fact
Finad:ial Officer
WORMN-Un
K",May 41 1 W
CALIFORNIA ALL-PURPOSk ACKNOWLEDGMENT
V - C
I
State of California
County of Santa Clara
May 24 , 1999 Linda A. Fluken, Notary Public
On before me,
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
Marie A. Cook
personally appeared ,, „ (s)of Signer(s)
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 ,
his/her/their signature(s)on the instrument the person(s),
LINDA k FLUKEN or the entity upon behalf of which the (
erson s acted,
Commiss►or►# 1159��
Notary Public-Co executed the instrument.
p }
Santa CKua County
l
MyComm,EeSOct�• WITNESS my hand and official seal.
Signature of N ary Public
OPT/ N L �
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document. T�
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)
2
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
)CI Corporate Officer ❑ Corporate Officer
Title(s):
Title(s): ( ):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee , �� ❑ Trustee ,
❑ Guardian or Conservator ITO
n Guardian or Conservator
❑ Other: of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
o
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
' 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
Pamela L. Stocks, Individually
of Sherman Oaks, California
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,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 2nd day of June 0 1998
Lir
ws�,? CONTINENTAL CASUALTY COMPANY
°i'"°'�� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
coAPoa►re ar �� ela'�� t�
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
Z s JULY I, •
ov SEAL `r �. • `ft*
1x97 • '
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook, ss:
On this 2nd day of June 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.
30
NOTARY
PUSUC
ook Cp..
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 20th day of May 1999.
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
a JULY 1,
v SEAL �c •
1897 •
Mary A. Ribikawskis Assistant Secretary
(Rev.10/1/97)
muthorizing 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 Attomey-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-tact to act in behalf of the Company in the execution of
policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior
or Group Vice President or the Board of Directors, may,at any time, revoke all power and authority previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the 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 VI—Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attomey-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 President or any Executive, Senior or Group Vice President may at any time
revoke all power and authority previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
*Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and
certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and
binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by
the Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time
to time,appoint,by written certificates,Attorneys-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 Attomey-in-Fact,subject to the limitations set forth in their respective
certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach
the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attorney-in-Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of
the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors
on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile
to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the
Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or
undertaking to which it is attached,continue to be valid and binding on the Corporation."
State of CALIFORNIA
County of LOS ANGELES
On May 20, 1999 before me, Sandy lianner - Notary Public
Date NAME. TITLE OF OFFICER., "JANE OOE. NOTARY PUBLIC"
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
{ x ) personally known to me - OR - (,_._) proved to me on the basis of satisfactory evidence to be
the person(t) whose name(*isl ansubscribed to the within instrument and acknowledged to me that
Wshetj�M executed the same in bWher/aslt authorized capacityowe and that by MiWher/tfM
signature($) on the instrument the person(S), or the entity upon behalf of which the person(3} acted,
executed the instrument.
SWDY N wITNS my hand and off eal.
coffwr dw#1 Imm I ..I
I=*vow Coe my SIGNATURE OF NOTARY
My Comm.EXP&W JIA z s2
Lwow - W-low_W� Wo_W1 IMF lww�_ OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
{ } INDIVIDUAL
( } CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
( )
PARTNER(S) (----j LIMITED
GENERAL
NUMBER OF PAGES
(x j ATTORNEY-IN-FACT
( } TRUSTEE(S)
{ } GUARDIAN/CONSERVATOR
( } OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING;
NAME OF PERSON(S) OR ENTITY(IES)
„gym g ican Cas ualt ry Company
of Rea din, , Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE
G•107426.6
ROAD IMPROVEMENT AGREEMENT EXTENSION
Contra Costa County
Development Number : RA 1082
Developer : Shapell Industries of Northern California
Original Agreement Date : September 21, 1999
1"Extension New Termination Date : September 21,2001
Improvement Security
Security Type Security Amount
(X)Cash : $2,400 (1% cash, $1,000 Min.)
(X)Bond : $238,780 (Performance)
:$120,600 (Labor&Material)
Bond No. (Date) :929097430 (May 20, 1999)
Surety : American Casualty Company of Reading,PA.
The Developer and the Surety desire this Road Improvement Agreement to be extended through the above date; and Contra
Costa County and said Surety hereby agree thereto and acknowledge same.
Dated: Dated: August 23, 2000 A
BY-1 .5 0-1
FOR CONTRA COSTA COUNTY B'
Maurice Shiu, Public Works Director
PvGher's.SAfu-re
s la rue4�ge and
Daniel W. Hancock
By: Printed
100 N. Milpitas Blvd.
Milpitas, CA 95035
RECOMMENDED FOR APPROVAL: Address
American Casualty Company of Reading, PA
Surety or Financial Institution
By (Engineering Services Division} 21650 Axard Street, Woodland Hills, CA 91367
Add ss
(NOTE: Developer's, Surety's and Financial
Institution's Signatures must be Notarized.)
Attorney in Facts Signature
FORM APPROVED: Victor J. Westman,County Counsel
Sandra V. Hamer
Printed
After Approval Return to Clerk of the Board
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
Beverly A. Hall,Sandra V.Hanner, Individually
of Sherman Oaks,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 28th day of October f 1998
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
SEAL JULY 31.
4 4
1097
State of Illinois,County of Cook,ss: Marvin J.Cashion Group Vice President
On this 28th day of October 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.
JW0
V
NOTARY
PUSUC
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 23rday of August 2000.
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
JULY 31.
SEAJL
(Rev.10/1/97) Mary A. Ribikawskis Assistant Secretary
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 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 hold 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 Attorney-in-Fact
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group
Vice President may,from time to time,appoint by written certificates attorneys4n-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 aftorneys4n-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,Attorneys-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 Attomey-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."
f
State of CALIFORNIA
County of LOS ANGELES
On August 23, 2000 before me, B. Hall- Notary Public
Date NAME, TITLE OF OFFICER., 'JANE DOE, NOTARY PUBLIC"
personally appeared Sandra V. Hanner
NAME(S)OF SIGNERS)
( x ) personally known to me—OR — ( ) proved to me on the basis of satisfactory evidence to be
the persona) whose name(*is/Amoubscribed to the within instrument and acknowledged to me that
Wshe/i M executed the same in hdr/her/ftic authorized capacity0w* and that by Wher/
signatureo) on the instrument the person(S), or the entity upon behalf of which the person(o acted,
executed the instrument.
B.HALL WITNESS my han and official seal.
Commission# 1186926
Z �`T Notary Public-California
z` Los Angeles County SIGNATURE OF NOTARY
- My Comm.EOres Jun 14,2002
OPTIONAL
Though the data below is not required by law, It may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
( ) INDIVIDUAL
( ) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
( )
PARTNER(S) ( ) LIMITED
( ) GENERAL
NUMBER OF PAGES
(X } ATTORNEY-IN-FACT
( )
TRUSTEE(S)
( ) GUARDIAN/CONSERVATOR
( } OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S� OR ENTITY(IES)
American Casualty ompany
of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE
G-107426-13
a
3q
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.:
SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for RA 1082
(x-ref. SUB 7796), Dougherty Valley area.
The following document was presented for Board approval this date for, RA 1082 (x-ref.
SUB 7796) located in the Dougherty Valley area.
A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of
Northern California, 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 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:
I. Cash Deposit
Deposit Amount: $1,900.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 337456 (September 7, 1999)
II. Surety Bond
Bond Company: American Casualty Company of Reading, PA
Bond Number and Date: 929097489 (August 31, 1999)
Performance Amount: $189,600.00
Labor&Materials Amount: $95,800.00
Principal: Shapell Industries of Northern California
•
SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for RA 1082
(x-ref, SUB 7796), Dougherty Valley area.
DATE: September 21, 1999
PAGE 2
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way
Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
I hereby certify that this is a true and correct copy of
RL:TR:mw an action taken and entered on the minutes of the
G:\GrpData\EngSvc\1130\1999\130 9-21-99.doc
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,Chris Truebridge and Jim Gold 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
By Deputy
` ro
Subdivision: RA-1082 (XRef 7796)
Bond No.: 929097489
Premium: $948.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install
and pay for public right of way landscaping, and other related improvements in Subdivision RA-1082
(XRef 7796) as specified in the Subdivision Agreement (Right of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions
for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: Shapell Industries of Northern California, A Division of Shapell Industries, Inc ,as Prix -ipa],and
American Casualty Company of Reading, PA ,a corporation organized existing under the laws
of the State of PA , and authorized to transact surety business in California,
as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: One Hundred Eighty Nine Thousand Six Hundred Dollars
Dollars ($ 189,600.00 ) for itself or any city assignee under the above County
Subdivision Agreement, plus
B. Payment: Ninety Five Thousand Eight Hundred and NO/100
Dollars ($ 95,800.00 ) to secure the claims to which reference is made in Title
XV (commencing with Section 3082) of Part 4 of Division III 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 bounded Principal,
his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on is or its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void;otherwise it shall be and remain in frill force and effect.
A
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 attorneys fees,
incurred by County(or city assignee) in successfully enforcing such obligation, AR 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 Runished or labor
thereon of any kind,or for amounts due under the Unemployment hmn-ance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein above
set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by
County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons, companies and corporations entitled to file claims under Title 15 (commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a fight of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be ftilly performed then this obligation shall become null and void,
otherwise it shall be and remain in ftffl force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby
given to make such alteration without flirther notice to or consent by Surety;and the Surety hereby
waives the provisions of California Civil Code Section 2819, and holds itself bound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on August 31, 1999
Shapell Industries of Northern American Casualty Company of
PRINCIPAL: California,A Division of Shapell SURETY: Reading, PA
Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 76-0
City: Milpitas Zip: 95035 _` City: Woodland Hills Zip: 91367
By: By:
Print Name: Marie A. Cook Print Name: Marie A. Cook -
Title: Senior Vice President & CFO Title: Attorney-in-Fact
:MW
VWSMELAM vd\Fbn=\BNW0RD\BN-12.kdoc
g
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 Aftomey(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
COPPORArr AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
0 JULY 31,
LU) SEAL MZ
1897
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,ss:
On this 18th day of June 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.
40
NOTARY
pusue
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__jjj5j_day Of August 1999.
CONTINENTAL CASUALTY COMPANY
td,O M—w NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
JULY 31
SEAL1SU C&
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 aftomeys-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 VF—Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attomey-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 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 Attomey-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
Linda.A. Fluken Nota
Sept. 2, 1999 � Notary Public
On __ before end,
Oats NAME. YRUNI OF opowsp.. *jma DOE. NOTAAY PUBLIC'
peMMaky appeared Marie A. Cook
eta)OF sft;N P40
(X.) personally known to me-OR- (.....)proved to me on the basis of Satisfactory evidence to tk
the personal whose nameishlltsubsc>libed to the within irtsttutnent and aClcnowled9ed to me that
owshomw executed the same in Wherlaix authorised CapOWW4 and that by AWher/tW
sig"UN01p)on the iflsttUllfent the po=*). or the entity upon behalf of which the person(jj acted.
executed the insbument.
LINDA A.FLUKEN E my hand w1d $040'
Commission# 1159356
_ZCommission
Public-Califomia
Santa Clara County Slti! Wft OF NOFAFtY
My Comm.E)0res oct 23,2tb 1
OPTIONAL
Though the data below is not mquired by law, it may prove valuable to persona relying on the document
and could prevent haudtMN tiattactwnent of this torn.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
(_) INDIVIDUAL
(_) COAPOAATE OFFICER
TITLES) TITLE OR TYPE OF DOCUMENT
(._.) PARTNER(S) LIMITED
(---)GENERAL
NUMBER OF PAGES
(X) ATTORNEY•IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONS)OR ENTITY(IES)
American Casual
o Rea vania SIGNER(S)OTHER THAN NAMED ABOVE
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _
State of California
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iSanta Clara
County of
On — before me, Linda A. F luken, Notary Public
Date Name and Title of officer(e.g.,"Jane Doe,Notary Public")
personally appeared Marie A. Cook
i,
Name(s)of Signer(s)
;C 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 by
his/her/their signature(s)on the instrument the person(s),
u"DA A.FuKly or the entity upon behalf of which the person(s) acted,
Commission# 1159356
Z
Notary Pub is-Califf executed the instrument. X
Santa Clara County
My Comm.Expires Oct 23,20DI WITNESS my hand and official seal.
NNW +
Signature of Nry Public
OPTIO AL
T Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
11yDescription of Attached Document
51
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 ?�
Corporate Officer ❑ Corporate Officer
Title(s): Title(s): ?�
ElPartner—❑ Limited ❑ General ❑ Partner—❑ Limited General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee _ ❑ Trustee
El Guardian or Conservator ❑ Guardian or Conservator t =-
❑ 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.Sox 7184+Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Gall Toil-Free 1-800-876-6827
SUBDIVISION AGREEMENT
ocorj;F
. (Right of Way Landscaping)
(Government Code S66462 and S66463)
Subdivision: RA-1082(xRef 7796) Effective Date:
Subdivider: Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
Shapell Industries of N. Calif. A division of
J. Michael Walford, Public Works Director Sbarpll Tr irstric;, Tr-c_
..//
By (signature)cme&title}
Marie A. Cook
RECOMMENDED FOR APPROVAL: Senior Vice President & CFO
Z"
By: (signature)
En ne r ng, ervices Division (print name a title) k Westphal
FORM APPROVED: Victor J. Westman, County Counsel Assistant Secretary
(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 "County," and the
above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private), drainage improvements;
signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the
improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code SS66410 and following),in a good workmanlike manner, in
accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code
and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code S66499,and
the County Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $ 11900.00 cash, plus additional security, in the amount
of$ 189.600.00 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 Subdivider guarantees performance under this Agreement and maintenance of the work for one year after
its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 95,800-00 ,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 Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment
or furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
* .
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,doing weed, rodent
and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said
plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete.
At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in
any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,officers, agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of
these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said
improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning
said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered
by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct
of any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and
subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract,overhead,etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event
the County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even
if Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work, Subdivider agrees to pay all attorney's fees, and all other expenses of litigation incurred by County in connection therewith, even
if Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included
in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or
letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party
beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
:mw
C:\WINDOWS\TEMP\gwprint\AG-30A.doc
Rev.November 19,1998
t M eu?
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
i
State of California
County of
Santa Clara
f Sept. 2, 1999 Linda A. Fluken Notary Public
� On before me, � ,
Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public") f
Marie A. Cook and Mark Westphal
� personally appeared ,
Names)of Signer(s)
personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies),and that by
LINDA A.FLUKEN his/her/their signature(s)on the instrument the person(s),
Commission# 1159356 or the entity upon behalf of which the person(s) acted,
Notary Public-Caitomio executed the instrument.
Z Santo Clara County
COrnm'Expkffi OCt23'2001 WITNESS my hand and official seal.
All
Signature Nofary PuTlicS
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
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
l Corporate Officer ❑ Corporate Officer
N Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
ElTrustee _ ❑ Trustee _
El Guardian or Conservator `-• ❑ Guardian or ConservatorJ014-
11 Other: Top of thumb here ❑ Other: Top of thumb here .�
�S
Signer Is Representing: Signer Is Representing:
T
-� _ - -
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