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HomeMy WebLinkAboutMINUTES - 09172002 - C.13-C.17 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 17, 2002,by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 555 SUBJECT: Approval of Road Improvement Agreement for Bollinger Canyon Road, RA 1114, (cross-reference Subdivision 7984) being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley)area. (District III) The following document was presented for Board approval for Bollinger Canyon Road,road acceptance file RA 1114 (cross-reference Subdivision 7984) property located in the San Ramon (Dougherty Valley) area, Supervisorial District III. A Road Improvement Agreement with Shapell Industries of Northern California,principal, whereby said principal 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 road and drainage improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action sts,cw taken and entered on the minutes of the Board of Supervisors on G:\C"irpDataiEngSvcl$C2�60214-t7-171214 BO-25.doc the date shown, Originator: Public Works(ES) Contact. Teri Rie(323-2363) ATTESTED: September 17, 2002 cc: Pubic Works- Z Bell,Construction � SWEETEN,Current Planning,Community Development Clerk of the Board of Supervisors and County T—Jul 2003 Shapell Industries of Northern California Administrator P.O.Box 361169 I00 North Milpitas Blvd, Milpitas,CA 95035 y B ATT:Sam Worden&Steve Savage Deputy National Fire Insurance Co.of Hartford 21650 Oxnard Street,#604 Woodland Hills,CA 91367 RESOLUTION NO. 20021555 SUBJECT: Approval of Road Improvement Agreement for Bollinger Canyon Road,RA 1114, (cross-reference Subdivision 7984) being developed by Shapell Industries of Northern California, Sana Ramon(Daugherty Valley) area. (District III) DATE: September 17, 2002 PAGE: 2 I Cash Bund Performance Amount: $21,300.00 Auditor's Deposit Permit No. DP 391840 Date: August 22, 2002 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and mate:'''929247988,August 14, 2002 Performance Amount: $2,106,500.00 Labor&Materials Amount: $1,063,900,00 Principal: Shape]] Industries of Northern California NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTIO,lq NO. 2002/555 ROAD IMPROVEMENT AGREEMENT Developer. Shapell Industries f Northern California Effective Date: '" res o Development: RAI 114(cross-reference SUB 7984) Completion Period: 1 year Road: Bollinger Canyon Road THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director Shapell Industries of Northern California By: 1 (signature) (print name&t:le s/ J.C T y_U_e�Y d RECOMMENDED FOR APPROVAL Exec. V.P. �O $y; (signature) "" l Engince ngice Sion (print name& e) zistman, Mack Westpha FORM APPROVED: Victor 7, County Counsel Asst. S e C t y. (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) 1. 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 Cochin rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. MPROVEMENT 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: $21,300 cash,plus additional security,in the amount of$2,106,500,which together total one hundred percent (100°/x)of the estimated cost of the work. Such additional security is presented in the form of. Cash,certified check or cashiers check. A 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$1,063,900,which is fifty percent(50%)of the estimated cost of the workSuch security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and S94-4.40$of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6, "Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by.. the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of onjeear from and after the Board of Supervisors accepts the work as complete. b. IMPROVEMENT PLAN WARRANTY. Developer 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 development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials otstatement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms duonditions hereof. & INDEMNITY: Developer 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,electivand 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 actor omission(negligent or nomegligent)in connection with the matters covered by tis Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indwitee has prepared, supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions, or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the Courpyoceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Developer agrees to pay all costs incurred by the County, even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. i l. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the development is included in territory incorporated as a city oris annexed to an existing city,the County's rights under thiagreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terns of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval Mlap G:\GrpData\EngSvc\Chri\Projects\Gale Ranch\RA 1114\RA 1114 AG-24.doe Rev.April 6,2000 .......................................................... _...--- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT <� State of California _ ss. County of 3,i,,f''7/ Can t �'Z, el, before me, ✓f; G�€ Date Name and Tjie of Officer(e.g.,"Jere Doe,Rotary Public') , personally appeared C ',- ,` Name(s)of Sigaer(s) �X personally known to mem\' 7= ved to me on the basis of satisfactory =� evidence to be the person(s) whose name(s) i are Q, PANDORA LUt CRAM subscribed to the within instr pnt and Vis' < Commission#1338611 acknowledged to me that hely he' ~xecuted z4; Notary Public-California the same in his/h het authoriz I Santa Clara County y capaci.y(ies), and that by his/herfibeir MY Comm.ExVires Jan In 2JE18 signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ITNES1amy hand and ial seal. Signature o4 Notary Public �"`•-- 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 Z Title or Type of Document: r/ �- �'' � ��'4J: -• i 1',k� s.{L SS ��:�.{-�;%CL_ 3L Ct�3 ^.�'eti�t Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ individual Top of thumb here ❑ Corporate Officer—Title(s): 11 Partner—❑ Limited ❑General 1 F1 Attorney-in-Fact &?x El Trustee s =l Guardian or Conservator Other: Signer Is Representing: f '`�. �`� �:����'��� �, a �A� ��;:�.:��� �=.moi.'. _•.;,' �,.-._ � �< 0 1999 National Noiary Association•9350 De Soto Ave.,P.O.Sox 2402+Chatsmorth,CA 91313-2402•www.naflcnalnotary.org Prod.No.5907 Reorder.Call To!1-Free 1-800.875-6827 COUNTY OF CON COSTA DEPOSIT PE IT )OFFICE OF COUNTY ENT -CONTROLLER MARTINEZ, LIF IA TO THE TREASURER: RECEIVES)FROM \ _ I mo ) l 0 , ANIZATION NUMBER (For "' .Collectiok Procedures see C@unty Administrator's Bulletin 105.) DESCRIPTt N FUNDJORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. j 1 i1 / �/tom /I \,) r }� I I ( LJai IL Ilfr 1 rte' ~i.j I. r +if •'4'".1 P f L...3 IL ', ?112 ` _ .. . I a i I. i EXPLANATIOCN:- - t" l f� TOTAL r4 DEPOSIT tY�� 0 � C' ' Deposit consists of the following Kerns COIN and CURRENCY $ `I CHECKS,M.O.,ETC. $0 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBE*RR ASSIGNE618 4AQP: 2102 { I The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby dep sit into thqF County Tr?"Sury. acknowledged. � Jrjr� Signed Date`,'&�e 3 i r r ' Signed. J Signed 't r P EXT. r 1 eputy"County Auditor gepu{y dzouhty Treasurer D-34 REV(7.43) /i 000649-9665 1 831000: G1093910, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 43,920.00, DA 0004 Plan Check , 44,000.00, bA 0004 Improvement Inspection 819800-0800: 61093897, .10 00, RA 1103 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: G1093898, $1,000,00, RA 1104 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: 61093899, 6 600.(30, RA 1105 Cash Bond, 5hapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: 61093900, $1,200.00, RA 1116 Cash Bond, 5hapell Industries of Northern , California, 100 North Milpitas Blvd, Milpitas, CA 95035 --- 819800-08010: 61093901, $2,300.00, RA 1117 Cash Bond, Shapell Industries of Northernv- Calif ornia, 100 North Milpitas Blvd. Milpitas, CA 95035 819800.0800: 61093902, $13,800.00, RA 1122 Cash Bond, Shapell Industries of Norther California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800--0800: 61093903, 1 8(30.0 0, RA 1125 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093904, $26.900.00, SUB 7984 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 8198003-0800: G1093905, J5,500.00, PA 0003 Cash Bond, 5hapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093906, $77 600.00, RA 1122 (SUB 7984) Cash Performance Bond,,.. Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: 61093907, $54,800.00, SUB 7984 (Neighborhood #1) Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 819800-0800: 61093908, 91,3030.00, RA 1114 Cash Performance Bond, Shapell Industries Q.___-oJiN�kern California, 100 North Mil itas Blvd. Milpitas, CA 9503 8198030-0800: 61093909, 16,400.00, RA 1125 Cash Bond, Shapell Industries of Northern/ orthern ,/� California, 100 North Milpitas Blvd, Milpitas, CA 95035 !�' 000649-9665 / 831000: 61093858, f�C3C 00, RS 2698 Record of Survey Map Check Fee, beBolt Civil Engineering, 811 Sam Ramon Valley Blvd., Manville,CA 94526 000649-9665 / 831000: 61093889, 50 00, RS 2699 Record of Survey Map Check Fee, Real Estate Engineering, Inc., 1760 Halford Avenue, Ste 360, Santa Clara, CA 95051 000649-9665 / 831000: G1093897, X20.166.00, kA 1103 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093898, 1„8,000.00, RA 1104 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093899, $33.295.00, RA 1105 Landscape Inspection, Shaped Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093900, $8,968.00, RA 1116 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: G1093901, X14,034.50, RA 1117 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 01093902, $46,219.00, RA 1122 Landscape Inspection, Shopeli Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093903, $11.388.50, RA 1125 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093904, $62,178.25, SUB 7984 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: 61093905, $28,147.00, PA 0003 Landscape Inspection, Shopell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: 61093908, 484.89, RA 1114 Plan Check, shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000643-9665 / 831000: 61093909, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 $18,,834.00, RA 1125 Plan Check $27,345.00, RA 1125 Improvement Inspection $13,-563.00, RA 1125 Landscape Inspection 819800-0800; 61093910, 990.00, [)A 0004 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 Bond No.: 929247988 RA-1114,Ballinger Development: Canyon Road,Cate Ranch 11 Premium: $10,533.00 IMPROVEMENT SEC[3RI' y BOND FoR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code§§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal) has executed an agreement {Road Improvement Agreevvth the Co install and pay for street, drainage and other neer improvements on, or along Canso Hoed.Gale Ranch 11 �--u6 y`�vo complete said work within the time specified for completion in the Road hTrOvermnt Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION: Shapell Industries of Northern California, A Division of Shapell Industries, Inc. ,as Primal and NaU nal Fire Insurance Goch rnt ofHaatord , a corporation organized under the laws of the State of CT , and authorized to transact surety business in California., as Surety,hereby jointly and severally bind ourselves, our heirs,executors, administrators, successors and assigns to the County of Contra Costa,California to pay as follows: A. performance: Two Million One Hundred Six Thousand Five Hundred Dollars and 001100 Dollars($- 106,500for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: One Million Sixty Three Thousand Nine Hundred Dollars and 00/100 Dollars($__1,063,900.00 )to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil.Code of the State of California. 3. CONDiT ON: A. The Condition of this obligation as to,Section(2.A.) above is such that if the above bonded Principal, heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true Meat and meaning and shall indemnify and save harmless the County of Contra Costa or city assignee, its officers,agents and employees, as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there, shall be included reasonable costs,expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa or city assignee, in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said Principal and the undersigned as.corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers,material:men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond, will pay, in addition to the fact amount thereof, reasonable costs,expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa or city assignee, in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082 of Part 4 of Division 3) of the Civil.Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be fully performed., then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without further notice to or consent by the Surety and the Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on August 14, 2002 Shapell Industries of Northern PRINCIPAL: California,A Division of Shapell Industries,Inc. SURETY: National Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4 City: Milpitas, CA 9 5 City: Woodland Hills, CA 91367 By. By g ,. _1>__ Print Name: Nath S spell Print Na=: M�'rgaret s F. LeoS ----- Title: Presid nt Title: Attorney-in-Fact By: ' ' 7 Print Name and Title: argar€t Leong, Vice President/Se c re tar y MAW d ata vclPormslBN WiN•4. ,z....:. _--_ ............................................................................................................................................................................................................................................................................................................................ ............................................................................................................................................................................................................................................................................................................................ 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 Margaret Leong,Individually of Beverly Hills;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 VAW* CONTINENTAL CASUALTY COMPANY ?}y ' 1MroF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD ORArt i AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA r . •n �' A JULY Si, log? • Marvin J.Cashion Group Vice President State of Illinois, County of Cook,ss: On this 13th day of June 1998 ,before me personally carne 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. do WARY PUBUO �°olr t�•�+ 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 1t- da of ii}t t: 7 y CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA Q----hh 0- JULY iii, ti BE/IL f902 (Rev.10/1 J97) 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 attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior 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 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 seat 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 Vl—Execution 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 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 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 Vl 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 seat 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." Mate of California CountyofLos Angeles On � before me, �� � � x Crate NAME. TITLE OF OFFICER..,' ANE COE,NO' ,aFtY PUBLIC- personally appeared Margaret F. Leong NAME(S)OF SIGNER(S) (x} personalty known to me –OR – (—) proved to me on the basis of satisfactory evidence to be the person(} whose name(s) ist=subscribed to the within instrument and acknowledged to me that Mtshsltt cexecuted the same in cherl*WWauthorixed capacity(), and that byZWhertttti signature(sj on the instrument the person(A), or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand and official seat. S- IGNATURE OF NOTARY OP"110NAL 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 SINNER DESCRIPTION OF ATTACHED DOCUMENT { INDIVIDUAL { �^} CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT {��) PARTNER($) ( __..) 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) National Fire Insurance Company of R aFord SIGNED(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i" State of California f County of Los Angeles 3F3 � On August 14, 2002 before me, Ann Pellant, Notary Public pate Name and Title of Officer(e.g.,"Jans Doe,[votary Pubric') Leong l� personally appearedam € No(s f Signers) impersonally known to me ❑ proved to me on the basis of satisfactory evidence f' ,.� to be the person(s) whose name(s)-4&/are subscribed to the within instrument and acknowledged to me that-he/she/they executed the same in hisAierAheir authorized : capacity(ies), and that by 440,erltheir t. �r �r signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) 4� acted, executed the instrument. y; nd and official seal. WITN7ESPpy ha A Signature of Notary Public { F 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 a Title or Type of Document: Document Date: Number of Pages: `` Signer(s)Other Than Named Above: x Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Tap of thumb here ❑ Corporate Officer—T€tle(s): rti ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact " ❑ Trustee E ❑ Guardian or Conservator Other: Signer Is Representing:........ U g 0 1999 National Notary Association-9350 De Soto Ave.,P.O.Sox 2402-Chatsworth,CA 91313-2402•Ww .nationalnotary.o:g Prod.No.5907 Reorder:Call Tal!-Fres 1.800-876-6927 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 17, 2002 by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 556 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1116 (cross reference SUB 7984), for subdivision being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval this date for RA 1116 (cross reference SUB 7984), located in the San Ramon 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: 1. Cash Deposit Deposit Amount: $1,200.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 391840, August 22, 2002 TR:cw I hereby certify that this is a true and correct copy of an action G+CirpDatalEngSvc\BO12002\9-17-021RA 1116 140-1 6.doc Originator: Public Works(Es) taken and entered on the minutes of the Board of Supervisors on Contact:Teri Rie(313-2363) the date shown. cc: Public Works-T.Bell,Constriction Current Planning,Community Development T— ShapeellllIndustries of Northern California ATTESTED: SEPTEMBER 17 2002 dus P.O.Box 361169 JOHN SWEETEN,Clerk of the Board of Supervisors and County 100 North Milpitas Blvd. Milpitas,CA 95035 Administrator ATT:Sam Worden,Steve Savage&Jim Gold National Fire Insurance Co.of Hartford 21650 Oxnard Street,#600 Woodland Hills,CA 91367 By 4' ,Deputy RESOLUTION NO. 2002/ 556 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1116 (cross reference SUB 7984), for subdivision being developed by Shapell Industries of Norther.California, San Ramon(Dougherty Valley) area. (District III} DATE: September 17, 2002 PAGE 2 11. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929247995, August 14, 2002 Performance Amount: $120,300.00 Labor&Materials Amount: $60,800.00 Principal: Shapell Industries of Norther California 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. RESOLUTION NO. 2002/556 SUBDIVISION AGREEMENT (Right of Way Landscapin } (Government Code§66462 and 966463) Subdivision: RA 1116(x REF SUR 7984) Effective Cate: Subdivider: SHAPELL'IN€OUSTRIES OF NORTHERN Completion Period: 1 year CALIFORNIA THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works Dire for SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA Rr � —., '4 y; (signature, SY: {print parr &title} Y.C `�'s:u e b r i d g e t RECOMMENDED FOR APPROVAL: "exec. V.P. By: rY 4eAZ I (signature) BY' Engineering ServicesDin cin (print name Q) Mark Westp FORM APPROVED: Victor J.Westman, County Counsel Aaab.. Secty. (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa.California, hereinafter called"County,"and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPB-OVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $1,200.00 cash,plus additional security,in the amount of_$ 120.300.00 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$ 60 800.00 which is fifty percent (50°la) 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§94-4.406 and§94-4.408 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 perked 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. system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perforin 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 pians 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 emp€oyes 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. S. 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 de�ned eb lour, and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claire 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 1€ability 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 anyplan(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. C STS: 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 QOSTS: If Subdivider falls 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,gond,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. REC Suubdivision. ORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said :kw:lap G:1GrpDatalEngSvcTormsWG WORD\AG-30A.doc Rev,May 18,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California k ss. County of ? s N f on before me, —... Date A Name and T ve o Hicar{a.g_"Sane Dee,Notary Pubkic'} . personally appeared " ' Names)of Signers) � �7tsonally known to mei ved to me on the basis of satisfactory ' �? evidence to be the person(s) whose name(s) islare subscribed to the within instr nt acknowledged to me that he/s Pe�xecuted PARA :U!13RAN k the same in hislh t authart q�1 ti ier� i , ia11 6 � s Notary Public-Gslifaia Capacity(les), and that by his/h /their signature(s) on the instrument the persons , or San My Comm. i! , n1C. e the entity upon behalf of which the person(s) � t. acted, executed the instrument, p\S� SS my hand and oaf lcial seal. 0� r Signature of Notary?colic161, OPTIONAL Though the information betaau is not required by law,it may prove valuable to persons r eying on the document and could prevent ��;� fraudulent removal and reattachment of this form to another document. Description of Attached Document Title irYy, rr ��M� 1 ,y „,� 0" ri xfa ' iFG' ltte or Type of Document: '" � �...� -�---- ) Document Gate:J Number of Pages: y Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer a Signer's Name: — i F] Individual Top of thumb here Y ,. Corporate Officar--Title{s): ._._- _.�_ D Partner—EJ Limited n General F Attorney-in-Pact Trustee O Guardian or Conservator 0 Other: Is Si ner Representing:— Signer .� _._. I rte• 0 1998 National%bred Assoc4altor.-MG De Soto Ave.,P-D.Box 2402-Chatsworth,CA 95313-2402=ra".rationatnotary.org Pmol.tvo.5907 Reorder:Cal?o$Free 1-800.876-8827 COUNTY OF CON COSTA DEPOSIT PE � IT —{ OFFICE OF COUNTY DIT -CONTROLLER TO THE TREASURER: MARTINEZ, LIF A RECEIVED FROM r tC3rgoni�ton} O ANIZATION NUMBER, l (For ash Collection Procedures see Cpunfy Administrator's Bulletin 105.) DE5CRIPTIgN FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT T. /7 r t ! fes` + � 9 i i } t L.- J t A ! I f i i• I i. I EXPLANATIO TOTAL $ r SVC(— - DEPOSIT Deposit consists of the following Kerns J� COIN and CURRENCY CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER _ - DATE fly ASSEOt* s The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby dep sit into t�G'County T sury. acknowledged. , Pr 7 0 i Signed. yry�f Ly . `. Dote f ) Signed: `,r. 1 'ILL, Signed: ,t.. Title: fl, (t y. ! l L,.V(_EXT. > puty County Auditor Depu aunty Treasurer D-34 REV.(7-93) 4, t 000649-9665 1 831000: 61093910, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035 $49.920.03, LSA 0004 Plan Check $44,000.00, DA 0004 Improvement Inspection 819804-0800: 61093897, 8 200.00, RA 1103 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093898, $1,000,00, RA 1104 Cash Bond, Shapell Industries of Northern/ California, 100 North Milpitas Blvd. Milpitas,CA 95035 819800-0800: 61093899, J6.600.00, RA 1105 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093900, ll200.00, RA 1116 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: 61093901, J2,300.00, RA 1117 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093902, $19.800.00, RA 1122 Cash Bond, Shapell Industries of Norther California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 191093903, $1,800.00, RA 1125 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 01093904, $26.900.00, SUB 7984 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: 61093905, $5,500.00, PA 0003 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093906, x,77,600.00, RA 1122 (SUB 7984) Cash Performance Bond, f Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093907, $54,800.00, SUB 7984 (Neighborhood #1) Cash Performance F Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: G1093908, $21,300.00, RA 1114 Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas,CA 950135 819804-0800: 61093909, $16,400.00, RA 1125 Cash Bond, Shapell Industries of Northern/ orthern /"{ California, 100 North Milpitas Blvd, Milpitas, CA 95035 L' 819800-0800. G1093910, 000.00, DA 0004 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 ! 831000: 61093888, $500.00, RS 2698 Record of Survey Map Check Fee, DeBoit Civil Engineering, 811 Sam Ramon Valley Blvd., Danville, CA 94526 000649-9665 / 831000: 61093889, 1500.00, R5 2699 Record of Survey Map Check Fee, Real Estate Engineering, Inc., 1760 Halford Avenue, Ste 360, Santa Clara, CA 95051 000649-9665 / 831000: 61093897, I20,166.00, RA 1103 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093898, $8,000.00, RA 1104 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093899, $33.295.00, RA 1105 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093900, $8x,968.00, RA 1116 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093901, $14,034.50, RA 1117 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093902, $46,219.00, RA 1122 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093903, $11.388.50, RA 1125 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093904, $62,178.25, SUB 7984 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: 61093905, $28.147.00, PA 0003 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093908, $48,554.89, RA 1114 Pian Check, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093909, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 $18834.00, RA 1125 Pian Check $27,345.00, RA 1125 Improvement Inspection $13,563.00, RA 1125 Landscape Inspection Subdivision: RA-1116,Gal*Ranch 11,XREF SUB 7984 Bond No.: 929247995 Premium: 5602.00 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 65463) 1. ftCITAL OF SU_ryisi 3Iti AGR 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 gA-1116. ale Ra xgt:F i_ E_ R mm 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: Shaoell industries of Northern California-A Division of Shalaell industries, Inc ,as Primo,and Natignal dire Insurance Comfy of Hartford ,a corporation organized existing under the laws of the State of CT ,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 Thousand Three Hundred Dollars and 001100 Dollars( 120,300.00 }for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Sixty Thousand Eight Hundred dollars and 001100 Dollars800 $ 60 .00 made in Title XV ( � }to secure the claims to which reference is (comtrncing with Section 3082) of Part 4 of Division M 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 perforrnned at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included 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 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 sane 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 gave a right of action to them 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 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 fiarther 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 14 2002 ShapeN Industries of Northern National Fire Insurance Companyof Hartford PRINCIPAL:California,A Division at Shape##Industries,Inc. SURETY: Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street; Suite 600-4 City: Milpitas Zip; 95035 City:Woodland Hills Zip: 91367 Print Name: Nat n Shapekf Print Name: Mar argt P. Le, gr --- r Title: President Title: Attorney-in-Fact By: , �- Print Name and Ti##e: Margaret Leong,Vice President /secretary .mW VWWSI\SHARDATA\GrpDdanCwclFm=)BIS 9VORDIBN-12A.dw tu;36y1 ,3Q99 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 REACTING, 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 Margaret Leong, Individually of Beverly Hills, California their true and lawful Attorney(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 1998 CONTINENTAL CASUALTY COMPANY 2t� � Wwa 4 S ` NATIONAL FIRE INSURANCE COMPANY OF HARTFORD i co+ oM ;~IC0 AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA JULY V v SEAL 1897 ! State of Illinois,County of Cook,ss: Marvin J.Cashion Group Vice President On this 18th day of June , 1998 , before me personally came Marin 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. 10 q, tIOTA tY POLIC Orr cx�•`� My Commission Expires March 6,2000 Mary Jo Abet Notary Public CERTIFICATE 1, Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF REACTING, 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 stili in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this day of L O VASOCONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD onntr€ fir rp AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA OSEAT. xlTt�t. Iasi (Rev.10/1/97) Mary A. Ribikawskis Assistant Secretary AUthonzing 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-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€act,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 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 97th 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 dully adopted by the Board of Directors of the Company. "Article Vl—Execution of Obligations and Appointment of Attorney4n-Fact Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or Executive, Senior or Group Vice President may,from time to.time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 9993. "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 Vl 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 Attorney-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 seat 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 # before me, it OnData NAME. 'TITLE OF OFFICER 'JANE DOE. CTARY PUBLIC' personally appeared Margaret F. Leong NAME(S)OF SIGNER(S) {x ; personalty known to me –OR – (—..) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) lstx=subscribed to the within instrument and acknowledged to me that M1she/3bWexecutdd the Sarna in *e4her/t MWauthorized capacity(", and that by)t:::iWher/"W signatureLlo cn the instrument the person(,), or the entity upon behalf of which the person{.�) acted. executed the instrument. WIES my hand and official sea).., > � . z _. SIGNATURE OF NOTARY OPTIONAL ^''•...,..ate s�^f i t{ Sc -`t # ��'� 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 farm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT {_ _) INDIVIDUAL {.v) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (__) PARTNER(S) {..._) LIMITED ( �) GENERAL (..K-) ATTOANEY IN-r✓ACT NUMBER Of PAGES (�) TRUSTEE(S) GUARDIANICONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTINt3: NAME OF PERSON(5) OR ENTITY(IES) l aftnal Fire Insurance Company of R a rtforE SIGNER(S) OTHER THAN NAMED ABOVE ts-a araYa•e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California gCounty of Los Anciel es ss. �� A August 14, 2002 Ann Pellant, Notary Public On __- before me, Date Name and Title of Officer(e.g.,"Mane Doe,Notary Public') �$ Y r� personally appeared Nathan 5hapel l and Margaret Leong Name(s)o;Signer(s) , a personally known to me < ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4s/are subscribed to the within instrument and acknowledged to me that°ti�they executed ' the same in -4W4Qatheir authorized capacity(les), and that by 4+i r/their signature(s)on the instrument the person(s), or _ r the entity upon behalf of which the person(s) ` acted, executed the instrument. ;� {{ WITNESS my hand and official seal. " ;� ' -"r::�ia'xzw,yy�'�ec�+e.er�.�'.,{�'ic,,nw cai:''"o�:` ,. �'aY °�•*,.p.,,,�� � �. Signature of Notary Puuliic­------- OPTIONAL 7 hoctgh.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: w Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer fSigner's Name:_. ❑ Individual Top or tn�mv ser ❑ Corporate Officer—Title(s): U, Partner—i❑Limited ❑General ❑ Attorney-in-Fact Trustee Guardian or Conservator i ❑ other: _ Signer Is Representing: _^ ` 9999 National?notary Association-9350 DO Soto Ave.,P.4.Box 2402•Chatsw•o n,GA 9f 3i.?2402•www.nat onainotary.org Prod,No.6907 Reorder:Cats Toil-Free 9-800-8788827 /,57 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 17, 2002,by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/5 5 7 SUBJECT: Approval of Road Improvement Agreement for North Wedgewood Road,RA 1116 (cross-reference Subdivision 7984) being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval for North Wedgewood Road (formerly Acacia Road),road acceptance file RA 1116(cross-reference Subdivision 7984)property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A Road Improvement Agreement with Shapell Industries of Northern California,principal, whereby said principal 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 roadway and drainage improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action SG:cw taken and entered on the minutes of the Board of Supervisors on G:1GrpData\F-ngSvc\B0�2002�9-17-02aA 1116 BO-15#2.doc the date Shown. Originator: Public Works(ES) Contact: Teri Rie(313-2363) ATTESTED: SEPTEMBER 17, 2002 cc: Pubic Planning,Community Development works- T.Bell,Construction CurrJOHN SWEETEN, �Clerk of the Board of Supervisors and County C T—July 2003 Administrator Shapell Industries of Northern California P.O.Box 361169 100 North Milpitas Blvd. Milpitas,CA 95035 ' ATT:Sam Worden&Steve Savage By YI s Deputy National Fire Insurance Company of Hartford s` 21650 Oxnard Street,#600 Woodland Hills,CA 91367 RESOLUTION NO. 2002/ 557 SUBJECT: Approval of Road Improvement Agreement for North Wedgewood Read,R.A 1116 (cross-reference Subdivision 7984) being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District 111) DATE: September 17, 2002 PAGE: 2 L Cash Bond Performance Amount: $11,200.00 Auditor's Deposit Permit No. DP 390599 Date: July 30, 2002 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 II. Surety Bond Bond Company:National Fire Insurance Company of Hartford Bond Number and Date:929247967, July 12, 2002 Performance Amount: $1,104,900.00 Labor&Materials Amount: $558,050.00 Principal: Shapell Industries of Northern California NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION N0. 20421557 ROLA-D-BPROVEMENT AGREEMENT �y Developer: Shapell Industries of Northern California Effective hate: 7 Development: RA 1116(cross-reference SUB 7984) Completion period: I year Road: Acacia Road THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETIC: COA'TRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director Shapell Industries of Northern California 1/ ti� Y By: (si6nature) � / ,,r( �- *yam•/ (Print name tit ), ,7 C..e. ! J`^" /+��✓ Ls' RECOMMENDED FOR APPROVAL vl� % 3 E G ! n;��aBy: (signature) Engineeriervices INvision (print name&title) FORM APPROVED: Victor Testman,County Counsel t (NOTE: All signatures robe 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"Coon ,"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:$11,200 cash,plus additional security,in the amount of$1,104,900,which together total one hundred percent (1000/.)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. & For Payment. Security in the amount of$558,050,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond, Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,"Acceptance," of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work detemuned by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Developer 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 development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;not shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared, supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. INCORPORATION/ANNEXA'T'ION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) _ County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval CL:[ap G:\GrpData\EngSvc\Chris\Projects\Gale Ranch\RA 1116\RA 1116 AG-24.doe Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .y�.;;...�_.:����:.� '-.`�c��sz�aa�� ,t�,��:�.'`��-ar ,<�"`;����;"�"��.-Za��4�'a;,a'���•;���„rx;.:� ,�k✓�:i..�,�.rr.>.`;5-�, 1 T State of California ss. County of 4 �. �•r On before me, Data Name and Title of Officer(e.g_"Jane Doe,Notary Public")4 personally appeared i�• ? w. .. J€' t�%a �e �C ' N Name(s)of Signers) Z personally known to me ❑ proved to me on the basis of satisfactory n evidence to be the person(s) whose names)oKare subscribed to the within instrument and ' acknowledged to me that he/she/they executed a the same in *ieffmtYtheir authorized >, capacity(ies), and that by 4is/Uex/their signature(s)on the instrument the person(s), or )ARitGE T.#CicuSE the entity upon behalf of which the person(s) ; Commission#13 acted, executed the instrument. 18697' S1 Notary Public-Caiiforriia 7 f Santa Clara County WITNESS my hand and official seal. ay My Comm.Expircs Aug 24,2005 Signature of Notary Public � QP�" �#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. L Description of Attached Document ” Title or Type of Document: r Document pate. Number of Pages: t Signer(s)Other Than Named Above: ' Ii a x�. Capacity(les) Claimed by Signer y Signer's Name: Top of thumb here ❑ individual f ��°Corporate Officer—Title(s): 'y ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact y ❑ Trustee ,y [I Guardian or Conservator ❑ Other: '� Signer is Representing: �k �°�'°��r��`€..-L•._. w.�..,R"��'� ,���,s �> 0 1999 National Notary Association•9360 De Soto Ava.,P.o.Box 2402•Chatsworth,CA 91313.2402•wwwmationainctary.org Prod.No.5907 Reorder:Calf Toll-Free 1-800-876-6827 avar�-v� r vrti.v�vtx►+�.va�r� ; �f �s -!{ (,j '� °+^,j DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA (Y RECEIVED FROM ORGANIZATION NUMBER (j {ttr{�yimr3«t} (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. UK TASK OPTION ACTIVITY AMOUNT i f C, / /'' .,0 -S too EV { / t I., 17 Ai�2zgaw, EXPLANATION: }(> TOTAL $ � DEPOSIT f 20� F 14C C7 N CN �s 1()�a C{d,:;t Deposit consists of the following Items /� 1/U COIN and CURRENCY $ o # _ ` CHECKS,M.O,ETC. $ 101410% -L — ) SANK DEPOSITS $ - r� z FOR AUDITOR-CONTROLLER USE ONLY 19 ucio() ( o C 4� 4 DEPOSIT ( t`j PERMIT ISP NUMBER tr DATE 99 JULL 3C&— The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into ffie County Treasury, acknowledged. signed: Dote Signed; Signed: Title:r [/ EXT. Dep unty A Deputy County Treasurer 0-34REV.(7-43) " DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA 041- RECEIVED FROM OD ORGANIZATION NUMBER ;C7rgora�,c�a+) (for Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG: ACC TASK OPTION ACTMTY AMOUNT ' Pis LEV � # I # # # # i # # # I # t # # # # # # # # I # # EXPLANATION: TOTAL 3 DEPOSIT Deposit consists of,the following items COIN and CURRENCY $+ CHECKS,MO,ETC. $ SANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP- -t---- NUMBERDATE t ASSIGNED ] The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby deposit into the County Treasury, acknowledged. StgtsedEilalDots Signed: 5ignecl XT - ourry Treasurer D-34 REN..(7-93) 000649-9665 / 831000: 61093825, $500.00, RS 2687 Record of Survey Map Check Fee, RMR Design Group, 1130 Burnett Avenue, Ste A, Concord, CA 94520 000649-9665 / 831000: 01093828, $3,000.00, DP 3037-99 Inspection Deposit, Price Self Storage Walnut Creek, LLC, 11828 Rancho Bernardo Road, San Diego, CA 92128 000649-9665 / 831000: 61093831, $40,528.97, RA 1114 Improvement Plan Review, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093832, $3,596.00, LP 2081-00 Inspection Deposit, Preschool Coordinating Council, 1760 Chester Drive, Pittsburg, CA 94565 819800-0800: G1093833, $11,200.00, RA 1116 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093834, 17,100.00, RA 1117 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 Bond No.. 929247967 Development: ep"aoLad, RA 911 > U8 7984 Pratnim: $5,525.00 hWROV EENT SELL TY�BrOND {Y Emwr (Perks nye, Guarantee,and Payment) (California Govemrat Code §§ 66499.10) 1. B'$OT L OF ROAD IMPROVEMENT AGREEMENT: The Developer (Principal) has executed'an agreement (Road Improvement Agree rct) with the Countytnst wand pay for street, drainage and ether improvements o� �+r`along 's aac A �16%u0 79841 to complete said work witliin the time sperm for compktion,in the Read Improvement Agreement,all itt a7=rdauce with.State and local laws and rulings. . ORLIG'.TION: Shapell Industries of Northern California,A Division of Sha 11 Industries, Inc. ,asptbC#Wand National dire Insurance Company of Hartfo a corporation organized under the laws of the State of CT , and authorized to transact suety busbiess in Califbmia,as Surety,hemby jo y and seamy bind ourselves, our heirs,executors, administrators, successors and assigns to the Cotmty of Contra Costa,CaMOMia t4 pay as follows- A. olio s-A:. Perfarnmce One Million One Hundred Four Thousand Nine Hundred Dollars and 00/100 !Quare($ 1,104,900.00 1 for itself or any city az ee udder the above County Road liTrovernent Ag ement, plus B. Ny,ment; Five Hundred Fifty Eight Thousand Fifty Dollars and 00/100 Dollarrs'($ _558,050.00 to secure the claims to w1whrefemce is made in T" 15 §§et seq. of the Civil Code of the State of California. 3. Coif DIT ON. A. The Condition of this obbgstioln as to Section(2.A,)above is such that if the above banded Principal, :irs,executors,administrators, successors or assigns, shall in all things status to and abide by and w Al and truly keep and per farm.the covenants,conditions and provisions in the said agreement and any:1w-ration thereof made as therein provided on it or its part,to be kept and perffb d at the daw anc in the manner-therein speci As part of the obligation secured hereby and in addition to the face amount specif&d therefore, tllffe sballbe included reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Conten Costa or city assignee, in successfully enforcing such,obligation, all.to be taxed as costs and included in any judgement rendered. B. 'I'lae condition of this obligation, as to Section. (2.8.) above, is such that said Principal and the undersigned as.corporate surety are held firrdy bound unto the County of Contra Crista and all contractors,subcontractors, laborers,material mien and other persons enVloyed in the perforanaaJlnce. of the afbresaid agreement and referred to in the afore.tid Civil.Code, for materials Wined, labor of any kind, or for mmunts clue wader the Unemployment Insurance Act with respect to such.wort°k or labor and that said undersigned surety will pay the sa=in an amount not exceeding the tumunt hereia above set forth and also, incase scut is brought upon anis bond, will pay, in addition to the fact arx�unt thereof, reasonable costs,expenses and fees, including reasonable attorney's fees, im-urred by the County of Contra Costa or city assignee, in succ+esdully enforcing stnch obligation, to be awarded and fixed by tine court, all to be taxed as casts 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 (comly&ncing with Section. 3082 of Part 4 of Division.3) of the Civil Code of the State of Califvrn* so as to sive a right of action to therm or their assigns in any suit brought upon this bond. Sbould the work under the conditions of this bond be fully performed, then this obligation'` shall become null and void;otherwise it shall be and remain iu full farce and effect. C. No alteration of said Road Improvement t Agww)ent or any plan or specifaw.tion of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without further notice to or consent by the. Surety and the Surety hereby waives the provisions of CaWbmia Civil Code Section.2819 and holds itself bound witho ut regard to and independently of any action against Principal whenever t-Acen, 4. SIGNED AND SEALED: The undersigned executed tbi.5 document on July 12, 2002 Shapell Industries of Northern PRINCIPAL.- California,A Division of Shapell Industries,Inc. SURETY: National Fire Insurance Company of Hartford Address, 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600 City: Milpitas, CA 95035 City, Woodland Hills, CA 91367 ' By: .�- By. Print Natne: 7 C —rr-z U kia-p.� fa " ; 'i C-7 Plint Nance: Marie A. Cook _. Title. `� f r � r t Tittle: A.ttomey-i n-Fact - gel Surety Phone No. 818-713-2035 ON:.. _................................................................._ POWER OF ATTORNEY APPOINTING INDIVIDUAL AT i ORN ` 414-PACS"' Know All Merl Sy These Presents,That CO, ATAL CASUALTY COMPANY,an#i mis ..rpor .ri, NATIONAL FIRE INSURANCE CC#MPANY OF HART FORC,a Cannec~o*,at corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Permsykwia corporation(herein collectively called'114 CCC Surety Connpanift),aro duty organized and acis*9=rperat ons having their principal in the City of Chicago, and Sbate of II#inois, and that they do by vtrttte of the sfgn2tJne and seals hent WThed hereby rtaike,coradhute and appoint Made A. Cook. Individually of Mks, California nix their true and lawful A#oi*(—sj)- cos;Z fult power and authority hereby con aaad to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory rosy ttturseruts of similar;nature ..In Unlimited Anuram- and to bind thein thereby as fWy and to the same VeW t as it such in;etrurnw is were signed by a duty authorized ofd of their corporations and all the ac's of.said Affiarnoy, pursuartt to the authority hereby given acre hereby rates and confirrned. This Power of Attnrney is maria and executed pursuant to and by authority of the By-Laws and Resotusons,Printed can the reverse teersof, duty 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 afftsed on this 18th day of June 1998 CONTINENTAL CASUALTY COMPANY ytSxiio "`°" NATIONAL LIRE INSURANCE COMPANY OF HARTFORD i; AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA SEAL • My X � Marvin J.Cashion Group Vice President State of Illinois, County of Cook,ss: on this I$th day cf .lease 1998 ,before me personalty came Marvin J. Cashion,to me known,who,being by rise duty sworn,cid depose and say.that he resides in the City of Chicago,State of Illinois;that -ie is a Group Vice President of CON'nNENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA desantaed in and which executed the above instrument;that he knows the FIs of said corporations;that the seals aEltared to the said instrurnorrt aro such corporate seals,that tdtoy were so of bad pumuartt to authority ;even by the Boards of Directors of said corporations and that he signed his rrmme therm pursuant to like authority,and ac towledges same to to the act and deed of sold corporations. NCT1tKY PUBLIC My Commission Expires March 6,20M Mary Jo Abet Notary Public CERTIFICATE 1, Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL.CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF iARTFORD, and AMERICAN CASIJAL?Y COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attrorney herein Bove set forth is still in force,and further cartify thatttw By-Law and Resolution of the Board of 7ttrectorss of.each corporation printed on the eve here-of arra still in force.In testmony wire I hmm hereunto subscribred my name and affixed the seals of the said corpt"tions day of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA i arf oar. v SE *z taex Mary A.Ribikawskis Assistant Secretary Authorizing Bir-Laws and Resolutions ;OPTSD BY TFiE SOARC OF DIRECTORS OF Citi <.ENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the lbiloadng By-Law duly adopted by the Board of Directors;of the Company. "Article D�—�acstdon of iia # Section 3.Appoirrtment of atlomey-in�it-e Chairman of the Board of Directors,to President or my motive, Senior or Ciroup Vice President may,from time to tate,appoint by written aortic s a rtt:?ttte3ra.04arct to act in behalf of the Company in tune execution of policies of insurance,botzs*underraec€tgs and other obligatory mtrvrr encs of 5k*namna Such subject to the hmitaatt lonffi set forth in their respective cartacam of authority,shall have 1`u€€pourer to bind the Cwany by their*=us and mon of any such instruments and to attaidt the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Serfor or Group Vice President or the Board of Directors,rrxiy,st any time,revoke all power and aulberily previously to any attcrrnuy-ors-feet.' 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 head on the 17th day of February, 1993. 'Resolved.that the signature of the President or any Executive, Senior or Gax p Vice President and the seal of the Company may be affntced by faosimlie an any Power of attorney;rarftd pursuant to Sermon 3 of Article UC of the By-Laws,and the signature of tate Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any cortificaft 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 quote so executed and sealed shall,with respect to any bond or undertaking to which it is ail ed,continue to be valid and binding on the Company.. COPTEO 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 Appokitment of Attomeywisee-Fact Section 2.Appointment of Attorney-int4act.The Chairman of the Board of Directors,the President or any Vie, Senior or Croup Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and outer ob€'rgatcry Inst"uments of Ike nature.Such attomeys4n-fact,subject to the timitadcns set fxxtti in their respective certificates of authority,shall have fall pourer to bind the Company by tf eir signature and executor,of any such kmtruments and to attache the seal of the Company thereto.The President or any Executive,Senior or Croup Vice President may at any time revoke all pourer and authority previously given to any attamey-n-fact.* This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Berard of Directors of tate Company at a meeet'ng duly called and held on the 17th day of Fabnrary,1993. Resolved,that the signature of the President or any Execrative,Senior or yup tura:President and the seal of the Company may be affixed by facsimile on any pcw+er of attorney granted pursuant to Section 2 of Article M of the By-Laws,and the signature of the Secretary cr an Assistant Secretary and the seal of the Company may be af€ ed by facsirrAe to any cer"c ante of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding an tate Company.Any such power so executed and sealed and meed 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.* ZOP i D BY T HE 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 fol€euesng Rescl ticn.du 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,Attorneyswi-Fact to actin behalf of tate Corporation in to execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature.Such Attomey-€rt-Fact subject to the rrutitatsons set forth in their respective certiricate s of authority,shat€have full power to bind the Corporation by their signature and execution of any such insfrurnwit and to attach the seal of the Corporation thereto.The President,an Executive Vice Prosiden any Senior or Group Vice President lir the Board of Directors may at any time revoke all power and authority previously given to any Attzamey-ire-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 rneeting duly called and held on the 17th day of February,1593. "RESOLVED:That the signature of the President an Executive Vice President or any Senior or Grcup Vice President and the sew of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board sof Directors on February 17, 1593 and the signature of a Secretary or an Ass stant Secretary and the seat of the Cott};oration may be afted by facsirnaee to any oerec ate of any such power,and any power or certificate bearing such facsir4e signature and sees€shag be valid and binding or.the Corporator,Any such power so executed and sealed and certified by certificate so execLAed and sealed,shag with respect to any bond or undertaking to which it is attached,continue to be valid and binding on tate Ccrporattcn.` STATF ()F--- COONTY OF ............... ........d"s 1 . 2002 li- PF-UVSONAtJ,Y ATIPE.ARED He A. C --—-—----- .............. ............-.......................... ............. ............ .............................. ............ ...................... personally known to me (or proved to me on the basis of "Satisfactory evidence)lo be the penono whose narne "are subscx&x I to ffie within Inst3--nillent and acki-kowledged to tile they executed the&,wie in hhk!�fjr_Aheir a'uthorlzed capacity ), and that.by his,('h—S.P� their signawreO oil the PANDORA LUI CHAN instnollent the persoil O-,or the entity upon behalf of which Commission#1338611 the person(ii.) acted,executed the Instrument. Notary Public-California Santa Ciara County WITNES�and and official seal. My Cbiym.E)Ores Jan 10,2006 Qt Thi&anui lin-Officid]Notarial Seal OPTIONAL Though the data below Is not required by law,it may prove valuable to persons relying on the document and could prevent.fraudulent teattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OF TYPE 01' DOCUMENT Trrtxi�—) PARTNER(S) 0 LIMITED 0 {31---NERAL A11-ORNEY-IN-FACT ..............-.-NUM.ER OF PAGES TRUSTEE(S) D GUARDIANICONSLI-1VA-i-OR El OTHER-.M. ...... ................. .... .......... .............--......... ............................ ...... DATE OF DOCUMENT SIGNER IS REPRESF-NTING- NAME Of PERSON($)OR EMITY(JE:54 10.ORI Mw.W94 All.-Pl[JRPOSE, ACKNOWLEDGEMENT THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 17, 2002 by the fallowing vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier , Glover, and Gioia NOES: None ABSENT: Nome ABSTAIN: None RESOLUTION NO. 2002/558 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1117 (cross reference SUB 7984), for subdivision being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval this date for RA 1117 (cross reference SUB 7984), located in the San Ramon 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: $2,300.00 Deposit made by: 'Shapell Industries of Northern California Auditor's Deposit Permit No. and Date. 391840, August 22, 2002 TR:cw I hereby certify that this is a true and correct copy of an action G:iGrpDatalEngsvc18012002\9-17_02\RA 1117 130-16.aoc Originator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors on Contact:Teri Rie{313-2363} the date sl1O�L71. cc: Public Works-T.Bell,Construction Current Planning,Community Development T_pull ndus ATTESTED: SUMMER 17 2002 003 Shapell industries of Northern California a.� P.rl.Box 361169 JOHN SWEETEN,Clerk of the Board of Supervisors and County 100 North Milpitas Blvd. Milpitas,CA 95635 Administrator ATT:Sam Worden,Steve Savage&Jun Gold National Fire Insurance Co.of Hartford 21650 Oxnard Street,#600 Woodland Fulls,CA 91367 By Deputy RESOLUTION NO.2002/.558 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1117 (cross reference SUB 7984), for subdivision being developed by Shapely Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) DATE: September 17, 2002 PAGE 2 II, Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: '929247993,August 14, 2002 Performance Amount: ;.'$231,800.00 Labor& Materials Amount: $117,100.00 Principal: Shapell Industries of Northern California 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. 1tESOLUTION NO. 2002/558 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: RA 1117 (x REF SUB 7984) Effective Bate: Subdivider., SHAPELL INDUSTRIES OF NORTHERN Completion Period: 1 year -CALIFORNIA THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Pubic Works Dir to SNAFFLE INDUSTRIES OF NORTHERN CALIFORNIA By: A ,6t (signature, BY: (print nam®6 tkle) .t:. T r u e b r i d c6 RECOMMENDED FOR APPROVAL: V E xe c. V.P. By: 2 111 (si ature) BY: m Engineering Services Divisl� (print name&title) Mark Westphal FORM APPROVED: Victor J.Westman, County Counsel Asst . Secty. (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California, hereinafter called"County,"and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such either 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§§86410 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 SECURTY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee $2,300.00 cash, plus additional security, in the amount of_$ 231 800.00 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$ 117 100.00 , which is fifty percent (50%) of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashler'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§94-4.408 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANT JF WORK. Subdivider guarantees that said w�,K 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. system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road 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 liiability are any act or omission(negligent ornon-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. :kw:lap G1GrpDaWEn0Svc\Forms\AG WORD1AG-30A.dac Rev.May 18,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ��1'v�� >��.� Y94 � 0., before me, w -mac.' ,� E • � ,�. Date Name ani Title of Officer{e.g "Jane Dos,Notary ua13c') personally appeared Name(s)of Signsris) ' rsonally known to me proved to me on the basis of satisfactory evidence to be the Person(s) whose names) are) ' subscribed to the within instrument PANDORA L U CHAPa acknowledged to me that he/s�f�y�xecuted Commission#1338611 z the same in his/he ei authorized K ?rotary Public-Califomis > capacity(ies), and that y his/he el. Santa Ciara County signature(s) on the instrument the person;or My Com.Expires Jan 10,20W the entity upon behalf of which the person(s) acted, executed the instrument. ESS my hand and official seal... ' t • Sgnature of Notary Pubic 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 y Title or Type of Document.'., .. . Document Date: Number of Pages: { l Signer(s)Other Than Named Above: : Capacity(ies) Claimed by Signer �s Signer's Name: L Individual Top of thur b here L Corporate Officer—Titie(s): F Partner—❑ Limited ❑General ❑ Attorney-in-Fact Trustee i Guardian or Conservator Other: to Signer is Representing: X. 0 1999 National No:a y Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 97313-2402•www.nationatootary.org Prod.No.5907 Reorder:Cali To!i-Pres 1-800-876-6827 COUNTY OF CON \ COSTA DEPOSIT PE IT h —)OFFICE OF COUNTY 1)IT CONTROLLER TO THE TREASURER: MARTINEZ, IF ` IA RECEIVED FROM O ANIZATION NUMBERC {l�gonimt'v1nl (fm ash Collection Procedures see Cpunfy Administrator's Bulletin 105.) DESCRIPTION FUND/ORC. SUB' TASK OPTION ACTIVITY AMOUNT ACCT. (-i / q r $ I �1' t h�AIT L )� 14 jzU E ,bt - ------ l I 7 i f { TJ,A 1,6, F ti i EXPLANATION:— tTOTAL - V a % � ,) DEPOSIT S I f r Deposit consists of the foI{owing Kems COIN and CURRENCY $ J< CHECKS,M.O.,ETC. $ 07 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER AATE SSIGPA `' . 2S 9 The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby dep, into tho County Trgcsury, acknowledged. 1 �,/� I ? Signed:�' �! f,"ci/Lr{ ,- ,�;;i,,tid�1 Date! Signed. d 9 >, %� Signed: C , &tC EXT "tbeputytounty Auditor Depu oun#y Treasurer D-34 REV.(7-93) ' b 000649-9665 / 831000: 61093910, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 $49,920.00, DA 0004 Plan Check $44,000.00, DA 0004 Improvement Inspection 819800-0800: 61093897, $8,200.00, RA 1103 Cash Bond, Shaped Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093898, 10{70.00, RA 1104 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093899, $6,600.00, RA 1105 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093900, $1-200.00 RA 1116 Cash Bond, Shapell Industries of Northern California, 100 North Milpitrd-fitpii�er, 95035 / 819800-0800: G 93901, $2,300.00, RA 1117 Cash Bon , Shapell Industries of Northernv'' California, 100 N Milpitas Blvd, Milpitas, CA 95035 819800-0800: G1093902, $19,800.00, RA 1122 Cash Bond, Shapell Industries of Norther California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093903, $1-800.00, RA 1125 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093904, $26.900.00, SUB 7984 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093905, $5,500.00, PA 0003 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093906, $77.600.00, RA 1122 (SUB 7984) Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093907, $54,800.00, SUB 7984 (Neighborhood #1) Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093908, $21,300. , RA 1114 Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: G1093909, $16.400.00, RA 1125 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 t/ t 000649-9665 / 831000: 61093888, $500.00, RS 2698 Record of Survey Map Check t=ee, beBolt Civil Engineering, 811 Sam Ramon Valley Blvd., Danville, CA 94526 000649-9665 / 831000: 61093889, $500.L?O, RS 2699 Record of Survey Map Check Fee, Real Estate Engineering, Inc., 1760 Halford Avenue, Ste 360, Santa Clara, CA 95051 000649-9665 / 831000: 61093897, I20,166.00, RA 1103 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093898, $8,000.0 , RA 1104 landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093899, $33,295.00, RA 1105 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093900, $8,968.00, RA 1116 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: 610793901, $14034.50, RA 1117 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093902, $46.219.00, RA 1122 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1O939O3, $11,388.50, RA 1125 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1O939O4, $62,178.25, SUB 7984 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: G1O939O5, $28,147.00, PA 0003 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093908, $48,554.89, RA 1114 Plan Check, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093909, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 $18,834.00, RA 1125 Plan Check X27,345.00, RA 1125 Improvement Inspection $13,563.00, RA 1125 Landscape Inspection 8198070-0800: C1O9391O, $9,000.00, DA 0004 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 Subdivision. RA-1117, Gale Ranch 11, XREF 7984 Bund No.: 920247993 Premium: $1,159.00 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDscAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RFcr c7 'SyoDt�y sm AGuEBtvi�NT: 'I he Principal has executed an agreement with the County to.install NF— and pay for public right of way landscaping, and other related improvements in Subdivision RA-1117.Gate 13anch 11, as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. C}E_IG Shavell industries of Northern California.A Division of Shawl!Industries, Inc. ,asPt t ipal,and Nalirinal Furs- insuran a Q of Hartford ,a corporation organized existing under thelaws of the State of CT ,and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves,our hairs,executors, administrators, successors, and assigns to the County of Contra Costa,California to pay it: A. Performance and.Guarantee: Two Hundred Thiry One Thousand Eight Hundred Dollars and 00/100 Dollars($ 231,800.00 } for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: One Hundred Seventeen Thousand One Hundred Dollars and 001100 Dollars($ 117,100.00 )to secute 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. Ccs: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, his or its firs, executors, administrators, successors or assigns, shalt 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. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shalt 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 tared 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 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 clams under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them 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 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 further 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 14, 2002 Shapeii Industries of Northern PRINCIPAL:California:A Division of Shapefl Industries,Inc. SURETY: National Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4 City: Milpitas Zip: 95035 City:Woodland Hills Zip: 91367 By: By; i - Printame: Na an Shapell Print Name: Margorgt F. Leong,,,,­"""' eong, :. b Title: President Title: Attorney-in-Fact By; ' Print Name and Tit : Margia et Leo g, Vice President/S e c r e t a r y :rnw WWSIkSHARDATA\GvDataSBr4Svo iBI -!-_W%4-12A.doo R f kttt2?x9 _........................................................................................................................................................_........._.._.....---.- ............................................................................................................................................................................................................................................................................................................................ ............................................................................................................................................................................................................................................................................................................................ POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY4N-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 hersin affixed hereby make,constitute and appoint Mar area Leong,Individuall of Beve Hills,California their true and lawful Attorneys)-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 1998 CONTINENTAL CASUALTY COMPANY tc +t VliSilst ,twat NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA � �j r RA3i. 41 Stz Y E k LY igp? State of Illinois, County of Cook,ss: Marvin J.Cashion Group Vice President 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. t{OTARY ptiBUC 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 stiff 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 day of y� CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA AILY if. J SEAL � � IOU � teal i Mary A.Ribikawskis (Rev.1 c�r1 rs7) 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 attorney-in-fact." This Power of Attorney is signed and seated 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 seated 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 W--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 attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-tact." 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 duty 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 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 Attorney-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 Hoard 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 seated,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State or California County of Los Angeles Ctn f,etor� me, t "# � ' rt..�-, s 19r Jt'.<_f`C !�_< #L; Cale NAME. TITLE OF CIFFICER., 'JANE C OE.NO Y PUBLIC- personally appeared Margaret F. Leong 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(�S) is/X=subscribed to the within instrument and acknowledged to me that Mtshrel?3xa�cexecuted the same in Odm(her/Xmtxauthorized capacity(1", and that by lherlttiW signature(x) on the instrument the person(), or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official sea).'44— �. SiGN.An IF NOTASY 1 y C 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 (X) ATTORNEY-IN-FACT NUMBER Of: PAGES (_ ) TRUSTEE(S) ( �) GUARDIANICONSERVATOR {_ ) OTHER DATE OF DOCUMENT SIGNER iS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National fire Insurance Company of Rartford SIGNER(S) OTHER THAN NAMED ASOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT y� State of California County of Los Angeles _ ss. t ti fin— l tt�lt5t 1 ,-20Q2 before me, Il- np_pp Date Mame an�d Titleor'al , g.,"Jaen oe,hlota>y Pubiia") personally appeared __j>t.tori Shape]l an-d Margaret Leong Namels)of Signar{a) 'personally known to me z ❑ proved to me on the basis of satisfactory evidence 011 _z to be the person(s) whose name(s) ig4are k� subscribed to the within instrument and acknowledged to me that ftsiaelthey executed 01, the same in 464w/their authorized eapacity(ies), and that by ° #;arttheir signature(s) on the instrument the person(s), or {� r the entity upon behalf of which the person(s) ti v acted, executed the instrument. 4, ,� t t WITNESS my hand and official seal. ;.q T ^t S1gnature of Notary pubk OPTIONAL 91 Though the information below is rot required by tart,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of th;'s form to another document. 5; 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 Signer's Name: Individual Top of thumb here C7 Corporate Officer---Title(s): LI Panner—17, Limited ❑General CJ Attorney-in-Fact rr, ❑ Trustee ` I ] Guardian or Conservator E-1 tither: _ Signer Is Representing: U ❑ 1999 Na'iaea!Notay Assoc.at;on*9350 De Soto Ave.,RO.Box 2402 Chatsworth,CA 9f 3?3 2402-www.eationainotary.org Prod,No.5907 Reordar.Cao TofbFree 1-800-876.6827 0,17 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted',this Resolution on September 17, 2002,by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover , and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 559 SUBJECT: Approval of Road hnprovement Agreement for Monarch Road, RA 1117 (cross- reference Subdivision 7984) being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval for Monarch Road, road acceptance file RA 1117 (cross-reference Subdivision 7984) property located in the San Ramon (Dougherty Valley) area, Supervisorial District III. A Road.Improvement Agreement with Shapell Industries of Northern California,principal, whereby said principal 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 roadway and drainage improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action so:cW Cx:tGrpDatatEngSvct130\204213-17-02\12A 1117 BO-15#2.dac taken and entered on the minutes of the Board of Supervisors on the date shown. Originator; Public Works(ES) Contact: Teri FAe(313-2363) ATTESTED: SEPTEMBER 17, 2002 cc: Pubic Works- T.Bell,Construction JOHN SWEETEN Current Planning,Community Developrnent ,Clerk of the Board of supervisors and County T—July 2003 Administrator Shapell Industries of Northern California P:O.Box 361169 1003 North Milpitas Blvd. a", �3 Milpitas,CA 95035 ATT:Sam Worden&Steve savage BY _ ,Deputy National Eire Insurance Company of Hartford 21650 Oxnard street,#600 Woodland Hills,CA 91367 RESOLUTION NO. 2002/ 559 SUBJECT: Approval of Road Improvement Agreement for Monarch Road, RA 1117 (cross- reference Subdivision 7984) being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District Ifl) DATE: September 17, 2402 PAGE: 2 I. Cash Bond Performance Amount: $17,100.00 Auditor's Deposit Permit No. DP 390599 Date: July 30, 2002 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 952578030 Il, Surety Band Bond Company: National Fire Insurance Company of Hartford Bond Dumber and.Date: 929247968, July 12, 2002 Performance Amount: '$1,691,800.00 Labor&Materials Amount: $854,454.00 Principal: Shapell Industries of Northern California NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/559 ROAD 1IMPROVEMEN AGR EMENT Developer: Shapell Industries of Northern California Effective Date: f — - Development: RA 1117(cross-reference SUB 7984) Completion Period. i year Road: Monarch Road THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA C{ C.3NTY DEVELOPER Maurice M.Shia,Public Works director Shapell Industries of Northern California rpt e>va r__ —rrzv m P5 r2i r2 +�. RECOMMENDED FOR APPgOVAL W V '• f '1 v^.1 0 ,i C . W2411__ By: k'�S t81�,'tiat�l7'e3 Si i feerin Division (print name&titi) a r FORM APPROVEI4ictor 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"Coup ,"and the above-mentioned Develor er, mutually promise and agree as follows concerning this development: 2. 1MPR.OVEWNTTTS. 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. Fpr Performance aid Guarantee: $17,100 cash,plus additional security,in the amount of$1,691,800,which together total one hundred percent (I00%)of the estimated cost of the work. Such additional security is presented in the form of, Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$854,450,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of. Cash,certified check,or cashier's check _:,X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. QUA UNIEE AND WAR.RAN'I'Y OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,„Acceptance," of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLAIti7'I'ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement pians for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development, If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY CO€}NTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agentor employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;not 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. $. (NDBMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any actor omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared, supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. C, OST$: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. €fl. BION-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions;or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terns of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION In consideration hereof: (Check applicable section(s)) _ County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. _ County agrees to accept the road(s)into the County-maintained road system,atter the improvements are complete. Other(requires County Counsel approval Mlap G:aGrpData,EngSvc\ChrisTmjectsiGate Ranch',RA 1117\RA t 117 AG-24.dae Rev,April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r� .c �J '*?l,: ' ^'._75+ .�`Y ' ,'i'yr�3 � , State of California .. Ss. 7T: County of h C On before me,2 Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared - � -- iName(s)of SJgner(s) �g personally known to me �} D proved to me on the basis of satisfactory _ evidence to be the person((whose nameK is/ate y subscribed to the within instrument and acknowledged to me that he/ems executed the same in his/hefA4eif authorized JANICE T.:KR; SE capacity(iee} and that by his/1;ereir Commission#t 9318697 z signatureKon the instrument the person,, or Notary Public-Californ'sa Xthe entity upon behalf of which the persor Santa Clara County �> aM,Comm,FF.xpimsAug24 �6 acted, executed the instrument. { qP X, rVVtTNESS my hand and official se Signature of Notary Public }; 1 OPS, lib Though the information below is not required by law,it may prove ve ua a to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. x Description of Attached Document Title or Type of Document< iC-_ ' i4 r Y �Y. tiff - ; Document Date: Number of Pages: Signer(s)Other Than Named Above: N Capacity(ies) Claimed by Signer Signer's Name: Top of thumb here 4l ❑ 1n ual f s s 2,-Corporate Officer—Title(s): `S-� 11 Partner—❑Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator >F D Other: Signer is Representing _gin_ C- - -- ? , � �-v :�,�k.ffx .;��;�F/���,� ✓a.. '`�, '�� �c,:�4:v- �� �� `s.sit' �t s �,�,�'•';A'�1 ,� �� �a ^.� ®1999 National Notary Association-9350 De Soto Ava.,P.O.Box 2402•Chatsworth,CA 81313-2402•www.natlonalnotary.arg Prod.No.5907 Reorder:Cali Toll-Free 1-800.876-6627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ��y�.`�.��'�wt�'`�•'. ��� �..��"."��.`i.�'�2�s\'�1,�'; `���� _ '`l""i'�� �fa ����''�;�-+s <�.✓��u'r,��_-:\,'�'�zrz�rxy�t�S, State of California r ss. County of r On Cs - Vc- • before me, � Name and Title of Officer(e.g.".;ane Doe,_Notary Public") personally appeared fs; Namo(s)of Signers) y;: personally known to me dz ❑ proved to me on the basis of satisfactory evidences to be the personX whose name,(4 is/ere- v?' subscribed to the within instrument and :z acknowledged to me that�s/shelA�e executed hWA the same in 4iis/her/thseii-- authorized JANICE T.,,CRUSE capacity(iee} and that by 44a/herA4eir Comtxriseian#1318697 signature, on the instrument the personko, or r r Notary Public-California Z the entity upon behalf of which the personnW Sante Clara County ir acted, executed the instrument. Y MY Comm.bier:4 Atte 24,2005 1N ;Vt TNESS my hand and official seal. w: s -.. r - o .. ✓'� Signa,ura o 'otary Public • ' ©p!PNi . . 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 docum art. Description of Attached Document Title or Type of Document: ` j `w Document Date: Number of Pages: a Signer(s)Other Than Named Above: f Capacity(les) Claimed by Signer Signer's Name: l _ Top of thumb here y� ❑ In vidual #� [1-,Corporate Officer--Title(s): g t • - e ❑ Partner—❑ Limited ❑General t ❑ Attorney-in-Fact ' ❑ Trustee ' ❑ Guardian or Conservator ❑ Other: Signer Is Representing�'_C__ ' - r) �<�_ ..c='��.-�G �..✓T:,'•i,_.cS!_.s.�.,:u,�,'iL�'�- -�, �,.�-��-n;n�. ���1�_..?_�'.`�k�X :C�2.�w`.,n_4._, .. 5. i�,s:, -`_�,�-:?ii 0 1999 Nasional Nctary Association•9350 Do Soto Ave.,P.O.Box 2402•Chatsworth,CA 91.313-2402•www.nalionalnotary.org Prod.No.5907 Reorder:Cali Toll-Free 1-800-876-6827 ti vv�� r yr�.vry i"t..wo ih I DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER ( m+ion) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB, TASK OPTION ACTIVITY AMOUNT V 1 c , 1 -� 19 L 14a { r i Ay 1 i I 0 � EXPLANATION: 1 .a T POSIT $ I yrr7 V-1 � i � C C-1 N /t} ( I{ 7 C Deposit consists of the following items ,. COIN and CURRENCY $ �1 CHECKS,M.O.,ETC. $ BANK DEPOSITS $ > Wd (. FOR AUDITOR-CONTROLLER USE ONLY 4 20 19x DEPOSIT PERMIT NUMBER L7P (J f DATE JUL:-9'� — t~ r� ASSEGZ The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby deposit into the County Treasury, acknowledged. 1 I signed: Date ,g, Signed: Signed: V Title:." Ci EXT Depu ty Deputy County Treasurer D-34 REV.(7-43) 11dtY1111V 1 7 L 7C t.VN l ICA t UO JA V PC, DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA r RECEIVED FROM l f ORGANIZATION NUMBER 04-✓ PA (For Cash Collection Procedures see County Administrator's Bulletin 105-') DESCRIPTION FUNDJORG, SUB' TASK OPTION ACTIVITY AMOUNT ACCT. OVA" k_v 3- ), y jio 7 1 1 1 1 1 1 1 1 1 1 > 1 1 I i t t t E t 1 1 I I t I I I EXPLANATION: TOTAL $ i DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ SANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP 31 c-).tl NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the Count Treasury. acknowledged l t Signed: Date blll q Sigrsed: Signed: Title 7 T. o A Deputy County Treasurer D-34 REV.{7-93} 009649-9665 / 831000: 61093825, $500,00, RS 2687 Record of Survey Map Check Fee, RMR Design Group, 1130 Burnett Avenue, Ste A, Concord, CA 94520 000649-9665 / 831000: G1093828, $3,000.00, DP 3037-99 Inspection Deposit, Price Self Storage Walnut Creek, LLC, 11828 Rancho Bernardo Road, San Diego, CA 92128 000649-9665 / 831000: G1093831, $40.528.97, RA 1114 Improvement Plan Review, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 01093832, $3,596.00, LP 2081-00 Inspection Deposit, Preschool Coordinating Council, 1760 Chester Drive, Pittsburg, CA 94565 819800-0800: G1093833, $11,200.00, RA 1116 Cash Bond, Shapely Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1093834, $17,100.00, RA 1117 Cash Bond, Shapell.<< Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 j Bond No.: 929247968 I)evelopyMent: Monarch Road;RA 1117,SUB 7984 Preird a: $8,459.00 IMI ROVI M ENT SECLWJTY$().hD Fon ROAD Imppo +mE T AGREEfENT (Perfbrll'mce, {�'.�tuarZiTlte`p., and Payrnent) (Califomia Coverm-rat Cade §§ 66499- 66499.10) 1. RFCITAL OF ROAD IMPROVEMENT AGREEMENT: 71w Developer (Principal) has executed an agreer t (Road Irnprovernent Agreement) with the County to install and pay far strut, drainage and other in4noven)r,nLs an, or along Monarch Road RA 1117 SUB 7884 to complete said work within the time specified for completion in the Road Improvement Agreenr t,all in.accordance with Mate and local laws and.dings. 2. OBLIGA`I'IUN:Shapell Industries of Northern California, A Division of Sha ell Industries, Inc. as Priaipal and �Istksn®I!wire Insurance Gomer g(},rNs i_ a Corporation organized under the laws of the State of CT , and authorized to transact surety bushiess in Cal ibmia,as Surety,hereby jointly and sevenZy bind oume3ves, our heirs, executors, administrators,successors attel assigns to the County of Contra Costa,California to pay as follows: A. p ,unnance: One Million Six Hundred Ninety Gine Thousand Ei$ht Hundred dollars and 00/100 DOUM{ 1,691,800.00 for its or any city assignee under the above County Road Improvement.Agreement, plus 13 payMent: Eight Hundred Fifty Four Thousand Four Hundred Fifty Dollars and 00/100 Dollars($ 854,460.00 )to secure the claims to which ref.ice is ode in Title 15 §§ et seq. of the Civil Code of the state of California. 3. CnNnt-ON.' A. 171 Condition of this obligation as to Section(12. 1.)above,is such that if the above banded Princ-ipal, boi-s, -xecutsors, administrators, successors or assigns, shall in all dings stand to and abide by and wc:11 x-0 ply beep and pertvnn the covenants,conditions and provisions in the said agreement and ,try alperation thereof made.as therein provided on it or its part, to be Inept and performed at the time and in the manner therein specified and in all respects according to their true intent and trig and shgll indeimify and save harmless the County of Contra Costa or city assignee, its officer%. agents and employees,as therein stipulated, then this obligation shall become null and void-,otherwise it shall be and resin in.full farce and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall'be included reasonable costs,expenses zmd fees, including reasonable attorney's fees, incurred by the County of Contra Costa or city.assignee, hi sucx essf illy enforcing such obligation, all.to be taxed as casts and included in any judgerraent rendered. B. The condition of this obligation, as to Section. (2.13.) above, is such that said Principal and the undersigned as.corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material n-&n mid other persons euVloyed in the perfor>s mice of the aforesaid agreement and referred to in the aforesaid Civil.Code, for materials furnished., labor of any kind, or for armuuts due under the Unemployment Insurance Act with respect to swh.work or labor and that said undersigned surety will pay the same in an amount not exceeding the mmunt herein above set forth and also,incase snit is brought upon:this baud, will pay,in addition to the fast amount thereof, reasonable casts,expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa or city assignee, in successfully enforcing such.obligation, to be awarded and fined by the court, all to be taxed as costs amid 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, congmnies and corporations entitled to file claims under Title 15 (counitaencing with Section. 3082 of part 4 of Division 3) of the Civil Cade of tate State of Califam* so as to give a might of action to them or their assigns in any suit brought upon this bond. S.1muld the work under the conditions of this bond he fully performed, them this obligation, shall become null and void;otherwise it shall be and remain in full farce and erect. C. No alteration of said Road.Itiaprovenmt Agreanent or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without further notice to or consent by the. Surety and the Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and xladependently of any action against Principal whenever taken. 4. SIGNED AND SEALED: The-undersigned executed this docuix=t on July 12, 2002 Shapell Industries of Northern PRINCIPAL: California,A Division of Shapell industries,Inc. SURETY: National Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard Address; 216513 Oxnard Street, .SlimeZ3�3 City: Milpitas, CA 95035 City: Woodland Hills, CA 91367 Print Name: J C- - -T P-U 6F 2P�`C'6C:—;7 Dint Name: Marie A. Cook Title: ` f>� i C rrX P- Title: Attorney-in-Pact. Surety Phone No. y/ ­ :row ' p f3: . �aa voU'ura�r� 3'Wim -9 dac 3 i s f s 3 ! ' POWER OF ATT i ORNEY APPOINTING INDIVIDUAL ATTQRIFY4N-FACT Knova Anil men 8y These Presents,That C4 eNTAL CASUALTY COMPANY,an Illinois L,vitlon,NATIONAL FIRE INSURANCE COrlt+#F'ANY OF HARTFORC, a CwnneciPcut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA, a Pe nrmyK-a nia corporation{herein oolloctive ty called`the CCC Surety Cornparti+a 1.are duty:wed and existing Corporations ftmtg their principal aft"in thee City of Chicago, and State of 111incis, and that they da by virtue of the signattrrre and seals heeein afttxed hereby make,consttute and mint Marie A. Cook ktd'tvi of lkMila tas, t:laif tis their true and lave tFi At om*yts�in;:act with full power and authority hely=ftyad to sign,serol and execute for aro#on their betta#f bonder, undertakings and other obligatory irss LmertCs of sirraw nature In Unlin ited Amounts- and to bind them thereby as furry and to the same extent ars if such irtstrume nts were sigrned by a duty ac ftnzed ofd of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby mated and ccnfrmed, This Power of Attorney is mane and executed pursuant to and by authority of the By-Laws and Resolutions,printed an tete reverse hereof, duty adapted,as indicated,by to Boards of Directats of the corporations, In VAtneess Whereof,the CCC Surety Companies have caused these pmts to be signed by their Group Vice President and their corporate seats to be hereto af&md on this 18th day of June iS98 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 14 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA JULY it. taa'f Marvin J.Cashion Group Vice President Starts of Illinois, County of Cook,ss: On this 1b`th day of June 1998 ,before me personally carne Marvin I.I. Cashion,to me known,who,being by met duty sworn,did depose and W.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 acrporatricns;that the seals afted to the said instrument are such corporate seats;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 aakru Hodges same to e he act and deed of said corporations. .t0 43 N{31A t' POUC k -` My Commission Expo March 6,2000 Marry Jo Abel Notary Public CERTIFICATE 1, Mary A Ribikawsles,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF iA.RTFORD, and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein >hove set forth is still in farce,and btrther cer*that the By-Law and Resolution of the Board of.Directors of each corporation printed on the everse hereof are still in force.In testimony wheredA, hereunto subscribed myranee and afftstecf the seals of the said corporations hes day of CONTINENTAL CASUALTY COMPANY qty trY asxtstr c ` °+ NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA JULY Yt, .• SEAL sass Mary A.R.'bikawskis Assistant Secretary t.1 Clr1197} Auth".zing By-Laws and Resolutions 'OPTED BY'TIHE BOARD OF DIRECTORS OF COW-a4ENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pur=suant to and by authority of the t0owimg Sy-Law cue adopted by the Board cf Directors of the Ccmpa ny. "A,rfte!X--Execuft t of Doctmteift Section 3.Appointment of Attomey-fn-fact The Charran of the Board of Directors,the Prescient or any Executive, Senior or C Vice President may,from tins to time,appoint by vx tffin cert lk axtes atlsas I eyes-in-4ocw to arca in owulf of the car;nny in the execution of policies of insurance,bends,rderakings and other obligatory instruments of i*natura.Such Subject is the limitations set forth in Meir respective cortifitcates,of authw*,shad have full power to bind the Company by their soutem and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Bowd'of Directors,the Presidem or any Executive, Sernior or Group Vice President or the Board of Directors,moray,at any time,revoke all power and authority Provk;usty given to any attorney-h4act' This Power of Atton^ey is signed and sealed by facsimile under and by the&Ahority of the bkrwing Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of Februsty,4M. "Resolved,that the stere of the President ter any Executive.Senior or Gra*Vtoe President and the seal.of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article M of the 3y-Laws,and then signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any c ertifaam of any sud't pow and any power or certificate bearing such facsimile signatum and sA%g stroll be valid and binding on the Corrtpwy.Any stitch's power so exec=uted and sealed and certified by certiftc a to so executed and sealed shall,with respect to any bond or ung to which it is attached,continue to be valid and binding on the Company." 1OPTE0 BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed purist to and by authority of the following By-Law duly adopted by the Board of Directors-of the Company. "Article Vl--aecution of Obligations and Appoi ilment of Attom+ey-fact Section 2.Appointment of Attorney-in-fact.The Chairman of the Bowd of Cirectt:rs,the President or any Executive, Senior or Croup Voce President may,from time to time,appoint by-written certificates aftmeys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of tike natu=re.Such atttmays-in-fief,subject to the limitations set forth in their respective certificates of atavhcrryt shall have fu4l power to bind the Company by their sirrratu a and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Croup trice President may at any time revoke all power and authorty previously given to any attorney-infiact.' This Power of Attorney is signed and sealed by mise udder and by the aLdhority ref the foilowinl;Resolution adopted by the Board of Directcrs of the Company at a meeting duly called and held on the 97th day of February,1953. `Rewtved,that the signage of the president or any Execrative, Senior or Group Vlce Pre=sident and the seal of the Company my be affnxed by facsirnlle on any power of attorney granted pursuant to Section 7 of Article Vl of the By-LvA s,auxd the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facs'm*to any Cortificate of any such pow and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Compsiny.Any such paver so executed and sealed and certified by cetfifiir so executed and sealed shat?,with respect to any band or undertaking to which it is attached,continue to be valid and binding on the Company." OPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF 'f FORCD This Power of Attorney is rrode and executed pursuant to and by authority of the folliovArsg Rasekitiion.ds,uly adopted on February 17, 4993 by the Board of Directors of the Company. 'RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President cfthe Corporation may,from time to time, appoint by written certificates,Atto;rresys4r)-Fact to act in behalf of the Corporation in the execution of polus of insurance,bonds, undertakings and other Wigatcry instrurnents of W nature,Such Aftmey4n-F2ct,subject to the Onions set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and exec rtion of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President any Senior or Group Viae President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey4n-Fact.' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adapted 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 cc any Senior or Group Vie President and the seal of the Corporation may be affixed by acsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Sirectoors on February 17, 199-and the signature of a Secretary or an Assistant Secretary and to seal of the Cerperation may be of ed by facsirrrrle to any certificate of any such power,and any power or certificate bearing such 1facsim5e signature and seal shag be valid and binding on the Corporation.Any such power so executed and sealed and certified by certifrate so executed and sealed,shad with respect to arty boorsd or undertaking to which it is atta&.ed,continue to be valid and binding on the C,crporaticn." "OL)INTY(JF L rt - - Jul 12, 2002 .bcme, _ c. 1"e:Ea fXT5ory,,ally k3lown to me (or proved to me on the basis of satisfactory evidence) to be the ixtr ionV whose narne(j&are subscribed to the withir; irksty-ti r>etnt a.ttrd acl fowl€dged to me tlxat.Ise she they executed the sa e'Ui l�tls to' their authorized cait�tc.lty sJ, and that by hi: hy0their si.gnature(O on the inswu}tient the persoll(i), or the mtity upon behalf of which PANDORA LUl cHm the persono acte€i!,executed the Instrument. Commission#1338611 z :ya Notary Public-California > ', I'i'Itil 'i'xtcl and official seal. Santa Clara County *Comm.Wires San 10,2iKlG 'i tits ar a kir()fflc:.t d N'otrarlal Sural OPTIONAL Though the data below Is not required by law, it may prove valuable to persons relying on the document and could pr€tvont fraudulent teattachment of this for"). CAPACITY Cl[AIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER .._............ ....._... . TITLES OF TYPE'. OF DOCUMENT TrrLF(F,,) PARTNER(S) Ll LIMITED 0 GE-NERAL . . . . Wim [3-1-"R ................................................ _�. �-E- ATTORNEY-IN-FACT E3Eh 0--F EaA(3 -S:i ._ TRUSTEE(S) D GUARDIAN/CONSERVATOR _..............................................._._....._......... _....................._..._.._.._._........__..__._._...._.........._...... .._.. _. _...........- .w.....,..._.................... DATE OF DOCUMENT SIGNER IS REPRESENTING: WNW OF PERSON(S)OR ENTETYOES) National Fire Insurance Comttanv of Nartfgfq. SEGNIwR(s CJfHEE2 (II1�N NANEt i3 A VE 10--os1 Rom 6194 ALL-PI-IRPOSE ACKNOWLEDGEMENT