HomeMy WebLinkAboutMINUTES - 09172002 - C.18-C.22 Vs'!
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: Norse
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 20021560
SUBJECT: Approval of Road Improvement Agreement for Water Tank Access Road,RA 1119
(crass-reference Subdivision 7984) being developed by Shapell Industries of
Northern California, San Ramon(Dougherty Malley) area. (District III)
The following document was presented for Board approval for Water Tank Access Road,
road acceptance file RA 1119 (cross-reference Subdivision 7984) located in the San Ramon
(Dougherty Valley) arca, 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 ofroad
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
0,.NGrpDatalEngSuc�BC}i20fl219-17-02tRA 1 S 19 BO-1 taken and entered on the minutes of the Board of Supervisors on
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the date shown.
Originator. Pnl;lic works(ES)
Contact: Teri Rie(313-2363)
ATTESTED: SEPTEMBER 17, 2002
Cc: Pubic works- T.bell,Consunity Devel JOHN SWEETEN Clerk of the Board of Supervisors and County
Current Planning,Conutatintity i7evclapmeni ,
T—July 2003 Administrator
Shapell Industries of Northern California
P.O.Box 361169
I OG North Milpitas Blvd. ,
Milpitas,CA 95035
ATT:Sam Worden&Steve Savage By_ F.r: Deputy
National Fire insurance CorraPany of Hartford
21650 Oxnard street,#600
Woodland Bills,CA 91367
RESOLUTION NO. 2002/560
SUBJECT: Approval of Road Irnprovernent Agreement for Water Tank Access Road,RA 1119
(cross-reference Subdivision 7984) being developed by Shapell Industries of
Northern California, San Ramon(Dougherty Valley) area. (District III)
DATE: September 17, 2002
PAGE: 2
I. Cash Bond
Performance Amount: $4,560.00
Auditor's Deposit Permit No. DP 391023 Date: August 6, 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: 929247976,July 25, 2002
Performance Amount: $451,400.00
Labor&Materials Amount: $228,000.00
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 MPROVUN ENT AGREEMENT
Developer: Sha elap l Industries of Northern Cal jb is Effective Date:
Development: RA 1119(x-ref SUB 7984) Completion Period. 1 year
Road: Water Tank Access Road
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER.
Maurice M.Shiu,Public Works Directo
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By; {siguecnre3 �.
(print nattte tit ) Wt
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RECOMMENDED FOR APPROVAL
By: oigininne)hj
Engineering e tE i ` ion" (print nanw& e)
FORM APPROVED: Victor J.Aman,County Counsel
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code S313.)
I. PARTIES DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called" oun "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: $4,560.00 cash,plus additional security,in the amount of$451,400.00 which together total one hundred percent
(140%n)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 Pavment: Security in the amount of$228,000.00,which is fifty percent(50%)of the estimated cost of the work. Such security is presented
in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or
materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities
may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"
of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system.
5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by
the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and
after the Board of Supervisors accepts the work as complete.
6. 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 par,thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or
materials,or payments,there or,or any rt mbinadon or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed:nor
shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof.
$. INDENINI M 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,elective and appointive boards,commissiors,
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 d e
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.
to. 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,contact,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.
It. 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 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
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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OPTIONAL
Phovgh the informetion below isnot rsru7red•-try-1 it lt�may prove valuable to persons relying on the docurnent
and could prevent fraudulent removal and reattachment of this form to another document.
rti Description of Attached Document ``�4 � ,n�� ��. � . ;° �_ �S'.
!,if Title or Type of Document.
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0'1693 Vatonal Notary Associut;en+9350 Ce Solo Ave.,P.O.Box 2402,Chaiswonh,CA 91313.2402•www.na!ir.»a;rot&ry.org Prod.No.5907 Remder:Caif Toll-Free 1-600-876-6827
COUNTY OF CONTRA COSTA '�;c e j o
- DEPOSIT PERMIT Q #�-�,
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER-
RECEIVED FROM
ORGANIZATION NUMBER
(Por Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. ACCT TASK OPTION ACTIVITY AMOUNT
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EXPLANATION: i t j J1IL t Y� TOTAL $ r
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Deposit consists of the 06 Ing`ferns
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CHECKS,M.Q,ETC $
t BANK DEPOSITS $
{ FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE I U I: `9?
ASS,, D .
The amount of money described above is for Treasurer's receipt sof above amount is approved.. Receipt of above amount is hereby
deposit into tte County, asury, aclrnowiedged.
Signed: r, rn #yd Dtlte
Signed -'t�. r.a » Signed`
Title:j EXT. y aunty r Deputy County Treasurer
D-34 REV.(7-93)
9—VU(41 T Vr i...NIKA'4VaI^ t, v f res(
DEPOSIT PERMIT �� 1
OFFICE OF COUNTY AUDITOR-CONTROLLER
}THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM _
ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB, TASK OPTION ACTIVITY AMOUNT
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DEPOSIT !
Deposit consists of the fallowing Items
COIN and CURRENCY $
CHECKS,MO.,ETC. $
BANK DEPOSITS
FOR AUDIl't3R-CONTROLLER USE ONLY
DEPOSIT ace t&') 3
PERMIT op-
NUMBER NUMBER u
DATA
ASSIGNED
The amount of money described above is.for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
depgsit into County Treasury, acknowledged
Signed: : t
EXT. , Depu faun#y Audi Signed:
[)spiffy County Treasurer
D-$4 REV.(7-93)
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000648-9140 / 812100: 61093839, 129,512.00, LUP 2031-01 Drainage
Mitigation Fee, Palisades Cas & Wash, 30101 Agoura Court, Ste. 200,
Agoura, CA 91301
000649-9665 / 831000: 61093839, Palisades Gas & Wash, 30101 Agoura
Court, Ste. 200, Agoura, CA 91301
12,000.00, LUP 2031-01 Land Use Permit Plan Check
116,100.50, LUP 2031-01Land Use Permit Inspection
000649-9665 / 831000: G1093840, $24,000.00, RA 1119 Inspection Fee,
Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box
361169, Milpitas, CA 95035
000649-9665 / 831000: G1093841, $11.925.00, SUB 8606 Major
Subdivision Map Check Fee, Oak Treat Court, LLC, PO Box 367, Orinda, CA
'819800-0800: G1093840, 4 560.00, RA 1119 Cash Bond, Shape
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, s
Milpitas, CA 95035
Bond No.: 929247976
RA 1119 Gate Ranch U
Development: Water Tank Access Road
Premi=-.- $2,257.00
IwRovmt ENT SEcL'I:w BOND
FFR ROAD LWROVEnINT AGRELNM'+'T
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1. BEclTAL of ROAD IWROvEmNP AGREEYIE M The Developer (Principal) has -executed an agreement
(Road Improve nt Agre-e�1 Q,,w� Conray to install and pay for street, drainage and other
irnprnvements Can, ar along Vwa w Tank Acasss lRoa to complete said work within th-e time specified
for completion in the Road hmprovemlent Agreement, all in accordance with State and local laws and.rulings.
2. 0BL1G,&TI0N: Shapell Industries of Northern California,A Divisionas Shaped Industries, Inc. as Principal and
National Fina Insurance Companytl-Haus , a.COrperation 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,
tour heirs,executors, administrators, successors and assigns to the County of Contra Costa,California to pay
as'tllows:
A. performance: Pour Hundred Fifty One Thousand Four Hundred Dollars and 001100
Dollars(S $51,400.00 — )fbr itself or any city assignee under the above
County
Road Improvement Agreement, plus
B. Payment: Two Hundred Twenty Eight Thousand Dollars and 001100
Dollars($ 228,000.00 )to secure the claims to which refer=is made in`T"ttle
15 §§ et seq. of the Civil Code of the State of California.
3. CorDMON: -
A The Condition of this obligation as to Section.(2.A.) above is such that if the above bonded Principal,
h.,irs, executors, administrators, successors or assigns, shall in all thugs stand to and abide by and
err`'and truly keep and perform the covenants, condition and provisions in the said agreement and
3 f ration ther eo made as therein provided on it or its part, to be kept and per€omed at the time
sn,,4 in the manner therein specified and in all respects according to their true mitt and meaning and
s; indemnify and save hasmiess t1-x County of Contra Costa or city assignee,its officers,agents and
rr p oyees, as therein st#nilated,then this obligation shall.become-null and void;otherwise it shah be
and remain in fall farce and effect.
As part of the obligations secured boreby and m addition to the face alwunt specified therefore, there
shalt be included reasonable costs,expenses and fees, including reasonable attorney's tees, incurred
by tbe County of Contra Costa or city assignee, in suc:cessMy enforcing such obligation, allto 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 hrfnly 'bound unto the County of Contra. Ccasta and all.
contractors, subcontractors, laborers,material rmn and other persons employed in the perfbrrnanc;e
of the aforesaid agreement and referred to in the aforesaid Civil.Code, for rnatterrals famished, labor
of any kind, or for amounts clue under the Umnploytnent Insurance Act with respect to such work-
or labor and that said undersigned surety will pay the same in an amount not exceeding the al unt
herein above set forth and also, incase stilt is brought Won this bond,will pay, in addition to the fact
amount dieireof, reasonable casts, expenses and fees, including reasonable attorneys fees, incurred
by the County of Contra Costa or city assignee, in succesdjy enforcing such obligation, to be
awarded and fixed by the court, all to be taxed as casts and to be included in the judges t 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 claim under Title 15 (com mucing 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 board.
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.lxr>rpr9orvernent Agreenrait or any plan or specification of said wank 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 wanes the provisions of California Civil Code Section 2819 and holds itself bounad
without regard to and hidependerntly of any action against Principal whenever taken.
4. SIGNED AND SEALED:
The undersigned executed this doewnent on July 25, 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 Aticlress, 21650 Oxnard Street, Suite 600
City: Milpitas, CA 95035 City: Woodland Hills, CA 91367
By; By:
Marie A. Cook `� Marie A. Cook
Print Name: mint 1'�arrne:
Title: Sitio V.P.lCFOTitle. Attomey-i pFr�s t
By: R } Surety Phone No. 800-262.9757
:MW �, <.
SEN. I'E OF__ California
SS.
S �
25, 2002 beforente,...�
PEIt`it)NAUX NFLeFA.RIiD.,....,I .t".I.g.A Cook
personally known to me (or proved to me on the iasis of
s'kttss r dory evidence)to be the pt'rson(s)whose tieirne(s) Ware
sufjAxibed to the within instTurrient arab acknowledged to(ne:
dint.he/she/tliey executed the same in his/her/their authorized
cal ac.ity(ies), and that by his,/her/their signature(s) on the
instrument the person(s),or the entiiy upon behalf'of which ;ENISE L CRISTIANC
the person(s)acted!,executNA the instrument, Commission# 1296216 z
7 Notary Flublic-California
W11 NIM Ry hand and official seal. Contra Costa County
MY Comm,Eqaires tviGrr 5.2tJD5
v�ar
rF s r
Signature
This mwa fior 0 ftriat N otarW Neal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
preivont fraudulent reattachrrternt of this form,
CAPACITY CLAIMED BY SIGNER RI"SCRIPT110N OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORAFE OFFICER
TITI-E OF TYPEOF DOCUMENT
'F1'ri.,fi Ci)
PARTNER(S) LIMITED
0 GENERAL
kr•t"ORNEY IN-FACT NUM i31-FR(_F PANES
TRUSTEES S)
GUAF22L7IANICONSE RVA`EOR
OTHER-
_... ...._................_._..................._..._......._......................._..................._..._.............._.._............._.._.......
...............
_..._............_..... ......._............... DTE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERWN(S)OR ENTMOES)
National Fire Insurance Company _....._................_..._....._.__.�._._...__.........................,.._.....................,...._.._.......................... _.._..
g!`o_,.�.,. �IGNE{�{ }oTFiEF��"t'��AN NAMECt e�,SCJV[
to tress rzty.e�=� Al.,L-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY4N-FACT
3
knew An Ment By These Presents.That CONTINEN CASUALTY COMPANY,an 110nois carporaticn N. :... ANAL r=rRE INSURANCE �
C:;MPANY CP HARTF'CR.Cd,, a Cannecbcu't corporation,AMERICAN CASUALTY COMPANY OF READING, P=_NNSYLVANLA,a Pwv'ssyKw:
corporation(herein,x,.Ilectively called'tile'CCC Surety Companies",are duly arrf ext 9 carperations having their principal aflScass€tt
the City of Chicago,and State of 115r:cis. and that they do by v€rtue of the signaft re and ssais herein afftxed hereby make,const hge and appoint
Marie A. Cook. Individuaiiv
of Mi€vitas. Cadfdmia
their true and lawful Attzrrrey(i�n act WT5 fu!€power and authority hereby cardeffed to s gn,seal and execute for and an thaw behalf bonds,
undertakings and other obik Ixss;a s;rnerrts of similar rsatttre
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duty authorized officer of their corporations and
a the acts of said Attorney,pursuant to the authority hereby gam+are hereby ratffad and cormrrned.
This Power of Attorney is made and executad pursuant to and by authority hority of the Sy-J a and ResrJutiens,printed on the reverse hereof,
duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witxtess Whereof,the CCC Surety Companies!save coed hese presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 18th day of .Ruse I 29998
CONTINENTAL CASUALTY COMPANY
�t�C�r vts °* NATIONAL=IRE INSURANC COMPANY OF HARTFORD
2 a AMERICAN CASUAL T Y COMPANY OF READING, PENNSYLVANIA
SEAL
'F rt97 �
Marvin J.Cashion Group Vice President
State of Illinois, County of Cock,ss:
On this 1 ft day cf June 1958 .before me personally came
Marvin J. Cash on,to me known,who,being by me duly sworn,did depose and say.that he resides in the City of Chicago,Sher of UGncisl that
he is a Group Vice President of CON'iNENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA descnbed in and which executed the above instrument*that he knows the
ssa€s of said corporations;tt at the seals affcced to the said€nstrument are such corporate seats;Haat they were so affixed pursuant to arJthority -
g€ven by the Boards of Directors of said corporations and that he signed his name twat:Pursuant to like aulitcrity,and acknowledges same to
ce the act and deed of said corporations.
i
NOTARY
PUSUC
k CA
My Carnmis. i. Expires March 6,2CCO Mary Jo Abel Notary Public
CERTIFICATE
1, Mary A. Ribikaws)ds,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF
-[ART FORD, and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby cert*that the power of Attom ey herein
t bove sat forth is still-in forme,and farther certify that the By-Law and Resolution of the Board of Directors of each corporation printed on tie
everse hereof are still in form. Ir.testimony whereof i have hereunto subscnbed my name and afCt ed the seals of the said corporations
rets y day cf
CONTINENTAL CASUALTY COMPANY
xr� c �"4 NATIONAL FIRE INSURANCE COMPANY CTE HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
Jay lit � "•
1897 .
Mary A.R'bikawskis Assistant Secretary
1011197)
Authorizing By-Laws and Resolutions
;Oris .�. 8Y T f•iE 3GAR " Qi"uE�t ;TO 'c5
OF ..JN'i7NEN'TAL CA$UAL4"Y COMPAN!;
This Power of Attorney is made and exevuted pwsuvt to and by authority of the foticwing 3y-Law duty adopted by the Beard of rJhK=rs of
to Corrloany.
"Article t -- ution of D*cmemts
Section 3.Appcintrnent of Attorney-irrfac.The Chainnan of the Beard of Dom,tete pnisident or any Executim Seiner or C reap
Vice Pmsiderst may,from time to time, appoint by written cortffi ates to ad in bre of the Company in the:execution of
policies of€assurance.bonds, undertaia ngs and ottw obligatory iru tr umments of Hca ria urs. Such attornetys.irrfaC.scrttject to the limit tem
set fcnh in their mspective carst!cates of aut tcrity,shall have full power to bind the Company by their ssg�and execution of any such
instruments and to attach the seal of the Company thereto.The Chairman of the Board of C) rs,the President or any i xec five, Sensor
or Group Vice Pntsidiertt or the Board of Dirge,rnay,at any Brite,revoke ad power alto#authority previoLz*given to any attr moy-ink°."
i psis Power of Attorney is signed and sealed by f rzi€e under and by the authority of the framing Resolution adopted by th Board of
Directors of the Company at a meeting d;ly called and held an the lith day of February, 1M.
'Resolved,that the signature of the President or any Exe=jdve,Senior or Group V"rent and the seal of the Company may be
afftxed by facsimile on any power of attorney"sashed pursuant to Section 3 of Articie,LY of the By-Laws,and tiva signatsne of the Secretary or
an Assistant Secret uy and the seai of tete Company may be affixed by facsimile to any cortficatne of any such power and any power or
certificate bearing such fats miie signature and seal shalt be valid and binding on the Company.Any such power so executed and sealed and
certified by certificate so executed and seated",with respect to any Mond or undertaking to which is is attached,continue to be valid and
binding on the Company.'
DOPTEr BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PEINNSYLVANiA.
This Power of Attorney is made and executed pursuant to and by authority of the following 3y-Law duly adopted by to Board of Directors of
the Company.
"Article Vl1- ecution of Obligations and Appoin tent of Attorney4n.Fact
Section 2,.Ap;cintrnert of Attomey-`in-fact The Chairman of the Board of Direc,_crs,the Pr dem or any Execttve, Senior or Group
Vice President may,from time th time,appoint by written cartMcates attcmeyswr:-fact to actin belha€f of the Company in the execution of
pctCicies of insurance, bonds,undertakings and outer obti5 cry instruments of like nature. Such attm,eys4r gaol,,subject to the iimitaticns
set fortis in their respective certcates of authority,shat have U power to bind the Company by their signature and execution of any such
h str uments and to attach the sea€of tate Company thereto.The President or any Exec:ctive.Senior or;croup Mice President may at any time
revoke all power and authority previously given to any attomey-+n-fact.*
This Power of Attorney is signed and sealed by facsimile under and by the authority of dee ialkswing Rerscolutirxs adopted by the Board of
Directors of the Company at a meeting duly called and heid on the 17th day of Febrawy,1993.
`Resolved,that the signature of the President or any Executive, Senior or GmVice President and the seal of the Company may be
affxed by facsimile or any power of attorney granted pursuant to Section 2 of Article VT of the By-taws,and the signature of the Secretary cr
an Assistant Secretary and the seal ofse Company may be afted by,�acsimlle to any certficate of any such power and.any power or
certificate bearing such facsirnile signature and seat shall be valid and binding on the Company.Any such power so executed and sealed and
cerbfted by cele sc so executed and sealed shat,with respect to any bond or undertaking',which t,is attached,continue to be valid and
binding on the Company.`
k00PTEC) BY THE BOARD OF DIRECTORS OF NA11 ONAL FIRE INSURANCE COMPANY OF i IA.R70RD:
This Power of Attorney is;made and executed pur;Lnnt to and by authority of the fottovhrg Pescluticn.ddy adopted on February 17, 199-3 by
the Board of Directors of 4se Company.
"RESCLVE:):That to President,an Executive Vice President,or any Senior or Group Vice Preslderrt cf the Corporation may,from time
to time, appoint,bywritten certificates,Attcmeys-in-Fact to act in behalf of the Corperatcn in to erxec-.pion of poildes of insurance,bonds,
undertakings and other obligat ry insure=of Ike natures. Such Attcrnay4n-Fact subject o t;a€lmitatioris sot fer"m ire their respe cave '
certificates of acrthcr'tty,shall have fu€l pourer to bird the Corporation by their signature and exectedon of any such hstrcursent and to attach
the seat of the Corporation thereto.The President,an:.xecuutive Moe President,any Senior or Crrcup Vice President or the Board of Oirectors
may at any time revoke all power and auti;cr?ty previously given to any Attomey-4n-Fact'
This Power of Attorney is signed and sealed by facsimile under and by the authority of ttee following Resclution adopted by the.BcarU of
Directors of the Company at a meeting duly called and held on the 17th day of February,199'3.
'RESOLVED:That the signature of the President,an Executive Vice President cr any Senior or Grcup Vice President and the seal of
the Corporation may be affixed by fade on any power of aMmey grar;ted 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 dee seat of the Corporation may be affixed by facs3rnil�a
to any cera icate of any such cower,and any power or certM cate bearing such'lacsimile signature and seal shah cte valid and binding an the
Corporation.Any such rower so executed and sealed and certified by certificate so executed and sealed,st-~vitt•±respect to any bond or
undertaking to which i is attached,continue to be valid and binding on the Corporation.'
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California _
County of
R"
On before me, ,,�= Data i Nasse and Title of Office s aubflc"
( g Sano Doe.Nota, c") �S
y, personally appeared <1YC- -- L
:a l i r ,mss
Narne(s)of Signor(s) r!%
personally known to me A
0 proved to me on the basis of satisfactory
{ evidence n
ti y.
to be the person(s) whose names),°islare
subscribed to the within instrument and ah,
acknowledged to me that-hQ4,4elthey executed
JANICE T KRUSE the same in �rltheir authorized
Commission#1318887 capacity(ies}, and that by l4ltheir
Notary public-California signature(s) on the instrument the person(s), or
Sesta Clara County the entity upon behalf of which the person(s)
*COMM.� A, II.A acted, executed the instrument.
« ITNFSS my hand and €cial se 1. tk
Signature of Notary Public yQ
O/ry
.� P fXf9 L. ,'rtii
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.~ +` j ✓:
Description of Attached Document
Tale or Type of Document:
Document Date: Number of pages: 2"
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
' Signer's Name: pm 4
}4J ,l'
w ❑ Individualf : `fop of thumb here
5_
w }`Corporate Officer—Title(s): �a S k >iµ• t. '
❑ partner--❑Limited ❑General
52
w' ❑ Attorney-in-Fact
❑ Trustee i
h:
.,�
11 Guardian or Conservator
❑ Cather:
Signer Is Representing: _
FS�M�e —,•.-3.ti., ...'t x-.�-,v�:,J..�i�.�^�1< i� ��'�;4��',:�.�5'-T'��{}�!',' '�,. �:'�`>l,.'L,`u'r�
0 1999 Nattonal NoWry Association•9350 Do Soto Ave.,PO.Box 2402•Chatewarlh,CA 91313-2402•www.natiw.ainotary.org Prod.No.5907 Reorder.Call Fall-Free 1-500-678.6827
C..,, /f
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/ 561
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1122
(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 1122 (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: $19,800.00
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
Originator: ngPublic \200s(ES)-02 RA 1122 BO-t 6.doc taken and entered on the minutes of the Board of Supervisors on
Originator: Public Works(ES) I>
Contact:Teri Ric(3313-2363) the date shown.
cc: Public Works-T.Bell,Construction
Current Planning,Community Development
T-July 2003 ATTESTED: SEPTEMBER 17 2002
Shapell Industries of Northern California
r.O.Box 361169 .TORN SWEETEN,Clerk of the Board of Supervisors and County
100 North Milpitas Blvd.
Milpitas,CA 95035 Administrator
ATT:Sam Warden,Steve Savage&Jim Gold
National Fire Insurance Co.of Hartford
21650 Oxnard Street,#600
Woodland Hills,CA 91367 B t� - � ^
By_ ..� ...� ,Deputy
RESOLUTION NO, 2002/_ _
SUBJECT: .Approve Subdivision Agreement (Right of Way Landscaping) for RA 1122
(cross-reference SUB 7984), for subdivision being developed by Shapell
Industries of Northern California, San Ramon (Dougherty Valley) area. (District
III)
DATE: September 17, 2002
WAGE 2
TI. Surety Bond
Bond Company: National Fire Insurance Company of Dartford
Bond Number and Date: 929247989, August 14, 2002
Performance Amount: $1,956,600.00
Labor&Materials Amount: $988,200.00
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.
RESOLUTION NO. 2002/561
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463)
Subdivision: RA 1122 (x REF BUB 79641 Effective Date.
Subdivider: ' HAPELL INDUSTRIES OF NORTHERN Completion Period: 1 year
CALIFORNIA
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CIONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
Maurice M. Shiu, Public Works Dire for SHAPELL INDUSTRIES OF NORTHERN_CALIFORNIA
{3y; (signatur.) BY: �„e—
(print mime&title) .C. T>«u e b r 1 d
RECOMMENDED FOR APPROVAL: Exec. V.P.
By: (signature) Bir:
Engineering Services D' yon (print name&Atte) eta rr ke�i p&
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 other improvements (including appurtenant equipment) as required in the
improvement plans for this subdivision as reviewed and on fiia with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall compplete 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 agood workmanlike manner,in
accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code
and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
3. IMPROVEMENT SECURITY, upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $19,800.00 cash,plus additional security, in the amount
of $ 1 956 600.170 which ich 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$ 988.20{7,00 which is fifty percent(50%)of the estimated
cost of the work. Such security is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment
or furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§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 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 liability are any act or omission(negligent or non-negligent)in connection with the matters covered
by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer, agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct
of any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Ag regiment, and
subsequent extensions, or falls 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,ate.)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
G:1GrpData\EngSvcTorms\AG WORMAG•30A.doc
Rev.May 18,2001
.............................................. -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
a
State of California •.
•'� � , ss.
County of �pv � � Y{
s `
21
Cr} 0.2 before me,
Nerve and Title of Officer(e.g.,`Jane Doe Notary Public")
personally appeared i e ✓ fes,% �
Name(s)of$-} .(s)
<p�wsonally known to me
�J proved to me on the basis of satisfactory '
evidence
to be the person(s) whose name(s) ids
subscribed to the within instr runt and
'
PANDORA���CI-" acknowledged to me that ha/sh e� `xec and
` _ t
Commission
t------ the same in his/her ei authorized,
5 s
Notary Public-klsfcrr)le b capaci#y(ies), and that by his/h /#heir
y -r Santa Clara Cbul�ty
signature(s) on the instrument the persons ,or
...�
01
; `"tu,� the entity upon behalf of which the person(s)
acted, executed the instrument.
PRI
lTN my hand and official seal.
Signature of 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
A
Title or Type of Document:
w t:, a_5` ti Z= S --f—"^.r.^`,�,^
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
C Individual Top of thumb here
Cl Corporate Officer—Title(s):
r ❑ Partner—❑ Limited General
[I Attorney-in-Pact
� ❑ Trustee 1
E] Guardian or Conservator
❑ other:
Signer Is Representing: s
a 1999 National Notary Association•9350 De Som Ave.,P,O.Box 2402•Chatsworth,CA 91313-2402•wAwriatlonalnoiary.org Prod.No.5907 Reorder:Cali Toli-Free 1-800-876-6827
COUNTY OF CON COSTA
DEPOSIT PE IT
—)OFFICE OF COUNTY DIT CONTROLLER
TO THE TREASURER. MARTINEZ, LIF A
RECEIVED FROM
O ' ANIZATION NUMBER
ick�,rxmtiony
P
(For
collection Procedures see Cqunfy Administrator's Bulletin 105.)
DESCRIPTIgN RIND/ORG. ACCT. TASK OPTION ACTIVITY AMOUNT
If
X16 4L-V
Tv YA '111,64122T LX F, z
fN b
c
z1
i 61,)3,
}
,
EXPLANATK>N-. o ,. f. - r DEPOSIT
TOTAL $
Deposit consists of the foiiowing Aerns f
COIN and CURRENCY
i CHECKS,M.O.,ETC. $ ' 7 z G - }
BANK DEPOSITS
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATEb ?"
ASS6
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
de sit into Cher County Trrury. acknowledged.
Sr ed " C t /�r ,L-V Date rl k> ,
Signed ..�.��. 1 L Signed:
Title +(. `/_# EX7 :s7` p 'County Auditor Depu{y�County Treasurer
D-34REV.(7-4s) �'
X
4
Y
000649-9665 ! 831000: G1093910, chapel! 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, 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: G1093899, $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, 5hapell Industries of Northern
California, 1.00 North Milpitas.Blvd. Milpitas, CA 95035
819800-0800: G1093901, $2-300.00, RA 1117 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819900-0800, 61093902419-151 , RA 1122 Cash Bond, Shapell Industries of Norther
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800--0800: 61093903, $1,800.00, RA 1125 Cash Bond, Shapell Industries of Northern.
California, 1001 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: 61093905, $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
8198010-0800: 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, $21,300.00 RA 1114 Cash Performance Bond, Shapell Industries
of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035
8198010-0800: 61093909, $16,400.00, RA 1125 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,
DeBolt Civil Engineering, 811 Sam Ramon Valley Blvd., Danville, CA 94526
000649-9665 / 831000: 61093889, $500.00, RS 2699 Record of Survey Map Check Fee,
Real Estate Engineering, Inc., 1760 Halford Avenue, Ste 360, Santa Clara, CA 95051
000649-9665 / 831000: 61093897, $20,166.00, RA 1103 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: G1093898, $8,000.00, RA 1104 Landscape Inspection, shape!!
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: G1093899, $33,295.00, RA 1105 Landscape Inspection, shape!!
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 8.31000: G1093900,.$8,968,00, 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: G1093902, $46,219.130, RA 1122 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: 61093903, $11,388.51), 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 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
$27,345.00, RA 1125 Improvement Inspection
$13,563.00, RA 1125 Landscape Inspection
819800-0800: 61093910, 0,000A00, bA 0004 Cash Bond, Shapellndstries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
SUbdiViSjon: RA-1122,XREF SUB 7984,Gale Ranch It
Bond leo.: 929247989
Premium: $9,783.00
IMEPROVENMNT SECURITY Bank
FOR PUBLIC MIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Cade Sections 66462 and 66463)
1. RECUAL OF SUSDrVISYC7T`7 AGREEMENT: The Principal has executed an agreement with the County to install
and pay for public right of way landscaping, and ether related improvements in SubdivisiorRA-1122. XREF SUB
7cc484, Qal Ranch_il as specified in the Subdivision Agreement (Right of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions
for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATI(3N. Shapell Industries of Northern California, A Division of Sha
Qoll Industries,_Inc. ,asPrin�and
Ntinnnl 'arcs lnarr,surant-r3 Qgmpany rtf47td ,a corporElt1l3l]Orgalli ed eJC1Sung ilndeI tl�'IaWS
of the State of CT ,and authorized to tra L%ct surety business in California,
as Surety, hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. Perforrnan.ee and Guarantee: One Million Nine Hundred Fifty Six Thousand Six Hundred Dollars and 00/100
Dollars ($ 1,956,6E10 )for itself or any city assignee under the above County
Subdivision Agreement, plus
B. Payment: Nine Hundred Eighty bight Thousand Two Hundred Dollars and OOI100
Dollars($ 988,200.00 )to secure the claims to which reference is made in Title
XV (commencing with Section 3082) of Part 4 of Division III of the Civil Cade of the State of
California.
3. CoNDrrION•
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,
his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on is or its part, to be kept and
performed at the time and in the roamer 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 obhgation 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 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 claim 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
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 Strut, Suite 600-4
City: Milpitas Zip: 95035 City:Woodland Hillszi : 91367
By: By:
Print Name: Na an Shapell Print Name: Markaret F, Leong
Title: President Title: Attorney-in-Fact ..... µ...r.
By: k_->-x"-> =.
Print Name and Title, Margaret Legg, Vice President/Secretary
;mW
11PWSILSHAFtDATAXQpDoU)En4SvcWomw%W(i \BN-12Ad-
_....
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation,NATIONAL PERE 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 seats herein affixed hereby make,constitute and appoint
Marmat Leon , Individually
of Beverly Hills,California
their true and lawful Attomey(s)-in-Pact with full power and authority hereby conferred to sign,seat 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 some 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
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
+ oo"K tre ry tt4d
M �" JULY 31, y �
tJ SEAL
m 1902
W i
tell
Marvin J.Cashion Group Vice President
State of Illinois,County of Cook,ss:
On this 18th 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.
STEn
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�.� day of -
�A"s �� CONTINENTAL SUCOMPANY
NATIONAL FIRE ININSURANCE COMPANY OF HARTFORD
00"I'00A +�yt�Trn AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
rry
tip SEM.
7997 i 40 ,
Mary A. Ribikawskis Assistant Secretary
(Rev.10/1/97)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company.
"Article IX--Execution of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group
Vice President may, from time to time,appoint by written certificates 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 seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and
certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and
binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company.
"Article Vi---Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group
Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of
policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time
revoke all power and authority previously given to any attorney-in-fact.,,
This Power of Attorney is signed and 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 seat of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Caws,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 tray,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 Board of Directors
may at any time revoke all power and authority previously given to any Attorney-in-Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February,1993.
"RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of
the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors
on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile
to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the
Corporation.Any such power so executed and sealed and certified by certificate so executed and seated,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
{7n "� � � before me. �
Dnte NAME. TITLE OF OFFICEA., 'JANE OCE. 0TARY PUBLIC-
personally appeared Margaret F. Leong
NAME(S)OF SIGNER(S)
(-L-) Personally known to me —OR — (__...) proved to me on the basis of satisfactory evidence to be
the person(st whose names) is/zrxat subscribed to the within instrument and acknowledged to me that
M/she/ cexecuted the same in OWher/ Cauthofized capacity(, and that byX4/her/fftWX
signatura(iO on the instrument the person(x), or the erstity upon behalf of which the person() acted,
executed the instrument.
WITNES my hand and official seat.
SIGNATURE OF NOTARY
t } 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 CLAIMEO BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPOPATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) (�} LIMITED
GENERAL
NUMBER OF WAGES
(x) ATTORNEY-IN-PACT
(�} TRUSTEE(S)
GUARDIAN/CONSERVATOR
(o`) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTiNGi
NAME OF PERSON(S) OR ENTITY(IES)
National f=ire Insurance Company
of dart or SIGNER(S) OTHER THAN NAMED A80VE
d•t as..za.+�
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of �- Angeles ss.
On
U9 St 140 2aO,? before me,
Tate Nema and rs of :car(e.g., `ane E6,&ob&lr4'
personally appeared Nathan Shapeel l and Margaret Leong
personaiiy known to me
❑ proved to me on the basis of satisfactory X
evidence f
to be the person(s) whose name(s)4sfare
subscribed to the within instrument and
acknowledged to me that i eAsWthey executed
the same in 4is{4witheir authorized
capacity(les), and that by i ,4re4their
A
signature(s)on the instrument the person(s), or
f� the entity upon behalf of which the person(s)
yl a acted, executed the instrument,
WITNESS my hand an"cial-seal.
y Signature of Notary Pak
hy'
OPTIONAL.
Though the information below is not required by law it may grove 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:
�rt
Document Date: Number of Pages:
Si nems Other Than Named Above:-
Dapacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb roto i
❑ Corporate Officer—Title(s): i ..
❑ Partner—❑ Limited ❑Genera:
P. Aftorney-in-Fact
❑ Trustee
L-11 Guardian or Conservator E
C Other:
Signer is Representing: %
+�
1999 National Nem;y Association.9350 Do Soto Ave.,P.O.Box 2 402•Chatsworth,CA 913!3.24172•www.natioDWnoa y org Prod.No,5907 Reorden Calf Toll-Free 1-903.979-6927
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: None
ABSTAIN: None
RESOLUTION NO. 2002/ 562
SUBJECT: Approval of Road Improvement Agreement for Bollinger Canyon Road, RA 1122
(cross-reference Subdivision 7984) being developed by Shapell Industries of
Northern California, San Ramon(Dougherty Valley) area. (District IIT)
The following document was presented for Board approval for Bollinger Canyon Road,Road
Acceptance file RA 1122 (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 ofroad
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
6:\GrpDatarEngSvctBOi200214.17-021RA 1122 BO-15.doe the date shown.
Originator: Public Works(ES)
Contact: Teri Rie(313-2363) ATTESTED: SEPTEMBER 17 2002
cc: PubiCurrent
Works- T.Bell, unitConstruction
velJOHN SWEETEN Clerk of the Board of Supervisors and
Current Planning,Community I)aveloptrtent � 13 County
T_July 2003 Administrator
Shapell Industries of Northern California
P.O.Box 361169
100 North Milpitas Blvd. 3i
Milpitas,CA 45035
ATT:Sam Worden&Steve Savage By ,Deputy
National Fire Insurance Co,of Hartford
21650 Oxnard Stress,#600
Woodland Hills,CA 41369
RESOLUTION NO. 2002/562
SUBJECT: Approval of Road Improvement Agreement for Bollinger Canyon Road, RA 1122
(cross-reference Subdivision 7984) being developed by Shapell Industries of
Northern California, San Ramon(Dougherty Valley) area. (District III)
DATE: September 17, 2002
PAGE: 2
I. Cash Bond
Performance Amount: $77,600.00
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 Date: 929247985, August 14, 2002
Performance Amount: $7,685,900.00
Labor&Materials Amount: '$3,881,750.00
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. 2002/562
ROAD IMPROVEMENT AGREEMENT
Developer: Shapell Industries of Northern California Effective Date:
Development: RA 1122(cross-reference SUB 7984) Completion Period: T 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: W (signature) e' �L'�` 'E .-t–
(print nano&title))//J.C. TruebridgeO
RECOMMENDED FOR APPROVAL/,, ,-,-,— Exec. V.P.{
} —
S
By: (signature)
Engineering Servicesiston (print name a titivT
Mark^ Westphal
FORM APPROVED: Victor. Wessman11ounty 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 S313.)
1. PARTIES &DATE. Effective on the above date,the County of Contra Costa, California, hereinafter called "County," and the above-mentioned
Develop ,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 Coderhn
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: $77,600 cash,plus additional security,in the amount of$7,685,900,which together total one hundred percent
(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees performance undelthis 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$3,881,750,which is fifty percent(5001.)of the estimated cost of the workSuch security is presented
in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or
materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount
securities may be reduced in accordance with S94-4.406 and 594.4.40$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 oar 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,saidimprovement 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 combinatiomr 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 anduditions
hereof.
8. 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,elective ahappointive 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 noRiegligent)in connection with the matters covered by this*reement 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 IndenazA has prepared,
supplied,or approved any plans)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 pmws 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 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-.tap
G:\GrpData\EngSvc\Chris\Projects\Gale Ranch\RA It 22 AG-24.doe
Rev.April 6,2000
_.........................................
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of y..
f� 6,v
G^. / - v, before me,
E�°f° 44
a-
DatE �.. � � Name Title o:OBcer(e g, Jana Doe Notary Public) ,
3� personally appearedA°
Name(s)of Signer(s)
oponally known to me
ved to me on the basis of satisfactory :
evidence
a :
to be the persons) whose name(s) mare i
PANDORA LUI C#tAfoi subscribed to the within instr�rnt an
Comm-inion#13St i acknowledged to me that he/slhey prkecuted
Notary Public-Ca � the same in his/he eir ° authorize
ca acit es y
Santa Clara County ' p Y(�l ), and that b his/he Heir.
myGorrxn.Expires Jan .p,2o76
signature(s) on the instrument the persons ,or
the entity upon behalf of which the person(s)
acted, executed the instrument.
NITNES my hand and offi ial seal -
f
p6rk
Signature o3 Notary Public - _
Y�
OPTIONAL
I
Though the information below is not required'by law,it may prove valuable to persons relying on the document and could prevent
� r
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or or TYpe of Document: i/ a
Z-2,
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
r Signer's Name:
Individual Top of_hurnb here
Corporate Officer—Title(s):
Partner—❑ Limited ::General
C� Attorney-in-Pact
4° 111 �
FJ Trustee
❑ Guardian or Conservator
F-1 Other:
Signer Is Representing._
C 1999 National Notary ASSOfIat,&<9350 Do Soto Am,P.O Box 2402•Chaiswo tin CA 91313-2402•www.nationalnntary.org Prod.No.5907 Reorder C0 Toll-Free 1-800-876-6827
COUNTY OF CON COSTA
DEPOSIT PE IT
X)OFFICE OF COUNTY DIT ``-CONTROLLER
TO THE TREASURER: MARTINEZ, LIF A
RECEIVER FROM
(ore-imt6n) O ANIZATION NUMBER_
(For ash Collection Procedures see Cqunfy Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB' TASK OPTION ACTIVITY AMOUNT
) } , ACCT.
F
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L�
LEE
tIc:
' F
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EXPLANATIONt` o i f TOTAL $ �' 6 t.
f ,) DEPOSIT
C- 1
Deposit consists of the followingiferns
COIN and CURRENCY $ r�
CHECKS,M.O.ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
ASSIGTE N " AUC 2'K/ 1
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 thig County Treasury.
j acknowledged.
Signed 3 ir'.��i'✓ r, Date 3
t r' -,� ! Signed: Signed:
Title: ezv EXL s Covnty Auduitor De
p 6y aunty Treasurer
D-34 REV.(7-43)
5
000649-9665 / 831000: 01093910, Shapell Industries of Northern California, 100 North
Milpitas Blvd. Milpitas, CA 95035
$49.92(7.{70, DA 0004 Plan Check
$44.000.00, DA 0004 Improvement Inspection
819800-0800: 61093897, $8,200.00, RA 1103 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 01093898, $1,000.00, RA 1104 Cash Bond, Shapell Industries of Northern v/
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 01093899, $6,600.00, RA 1105 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1O939OO, $1,200.00, RA 1116 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 61093901, $2,.300.00, RA 1117 Cash Bond, Shapell Industries of Northernv'
California, 1003 North Milpitas Blvd. Milpitas, CA 95035
8198003-0800: 010393902, $19,8OO.O0, RA 1122 Cash Bond, Shapell Industries of Norther
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1O939O3, $1,800.00, RA 1125 Cash Bond, Shapell Industries of Northern.
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1O939O4, $26,900.00, SUB 7984 Cash Bond, Shapell Industries of
Northern California, 1003 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1O939O5, 5500.00, PA 0003 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 9503
819800-0800: G1093 6, $77,600.0(7, RA 1122 (SUB 7984) Cash Performance Bond,
Shapell Industries of orthern California, 100 Nort i s Blvd. Milpitas, CA 95035
819800-0800: 61093907, $54,800.O0, SUB 7984 (Neighborhood #1) Cash Performance
Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA
95035
819800-0800: 61093908, $21,300.00, RA 1114 Cash Performance Bond, Shapeil Industries
of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035
819800-0800: G1O939O9, $16.400.170, RA 1125 Cash Bond, Shapell Industries of Northern/
orthern /�
California, 100 North Milpitas Blvd, Milpitas, CA 95035 V
000649-9665 / 831000: 61093886, $500.00, RS 2698 Record of Survey Map Check Fee,
DeBolt Civil Engineering, 811 Sam Ramon Valley Blvd., Danville, CA 94526
000649-9665 / 831000: 61093889, 500.00, RS 2699 Record of Survey Map Check Fee,
Real Estate Engineering, Inc., 1760 Halford Avenue, Ste 360, Santa Clara, CA 95051
000649-9665 / 831000: 61093897, $20,166.00, RA 1103 Landscape Inspection, Shapes)
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: G1093898, $B4O00.00, 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, 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: 61093901, $14.034.50, RA 1117 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: G1093902, $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: G1093904, $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: G1093908, $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
$27.345.00, RA 1125 Improvement Inspection
$13.563.00, RA 1125 Landscape Inspection
819800-0800; GI093910, 9,000.00, DA 0004 Cash Band, Shapell Industries of Northern
California, 100 North Milpitas Blvd, Milpitas, CA 95035
Bond No,: 929247985
Bollinger Canyon
Development: Road,RAi1122 Gale Ranch 1l
Cross Reference SUg 7§84
Premium: $33,430.00
WrRovEwENT SECLIRIT'I'BOND
FOR ROAD IwRovEmENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Cade §§ 66499-66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal) has executed an agreement
{Road Improvement Agreeing cwith the County to install and pay for street, drainage and other
anyon
improvements on, or along �d. a_ tjale Ran�n li to complete said work within ft time specified
for completion in d"ke Road.hnprovement Agreement,all in accordance with State and local laws and rulings.
2. OBLIGATION: Shapell Industries of Northern California,A Division of Shapell Industries, Inc. ,as Priwtal anal
r# l# a# # ies+xrenee cgmsnv 2r1 , a corporation organized under the laws of the State of CT
and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves,
our heirs,excL;,'L;�4a, twatiors, Taccecsors ansa.assigns to the County of Contra Costa,California to pay
as follows:
A. performance: Sever! Million Six Hundred EightyFive Thousand Nine Hundred Dollars and 00/100
Dollars($ 7,685,900.00 1 for itself or any city assignee under the above County
Road Improvement Agreement,plus
B. payment: Three Million fright Hundred Eighty One Thousand Seven Hundred Fifty Dollars and 00/100
Dollars( 3,881,750.0E1 )to secure the claims to which reference is made in Tula
15 §§ et seq. of the Civil Code of the State of California.
3. CONDITION:
A. The Condition of this obligation as to Section(2.A)above is such that if the above bonded Principal,
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and
well and truly beep and perform the covenants, conditions and provisions m the said agreement and
any alteration thereof made as therein provided on it or its part, to be kept and performed at the time
and in the manner therein specified and in all respects according to their true intent and meaning and
shall indemnify and save harmless the County of Contra Costa or city assignee, its officers,agents and
employees, as therein stipulated, then this obligation shall become null and void;otherwise it shall be
and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs,expenses and fees, including reasonable attorney's fees, incurred
by the County of Centra Costa or city assignee, in successMy 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 suety 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 gond,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 Costaor city assignee, in successfiilly 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 clain-is under Title 15(commencing with Section
3052 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 chapel!Industries, Inc. SURETY: National Fire Insurance Company of Hartford
Address: 104 North Milpitas Boulevard Address: 21650 Oxnard Strut, Suite 600-4
City; Milpitas, CA City: Woodland Hills, CA 91367
y
By: By:
Print Name: Na an Shapell Print Name: Margar'et F. Lecx'ig
r.
r
Title: President Title: Attorney-in-Fact •..r. ._,
,Pint Mame andT itle: Ma�et Le g,Vico President/Secretary
State of California
County of L CTS Angeles
On t7@tOf9 trie.
`,.�'^- �L.`.�,,, ..,t r'`?;,•'1 ���t t 1�x�(.'"'l L__ 4 i{ L�.�..��-
ii
Cate NAh1E,i'tTt,E OF C1FF1C R.. DO, .NOTARY PUBLIC'
personalty appeared Margaret F. Leong
NAME(S)OF SIGNER(S)
(x—) personalty known to me —dR w (..,._..) proved to me on the basis of satisfactory evidence to be
the person(t whose name(g) islau subscribed to the within instrument and acknowledged to me that
mishet ,,executed the same in OkWher/RNOxauthorized capacityCsy# ), and that bytWherllftl
signature(# an the instrument the person(j), or the entity upon behalf of which the person(o acted,
executed the instrument.
WITNE$A my hand and official seat.ANN IS181-1*4
..
€ st'ss tt Comm-
SIGNATURE OF NOTARY
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 at this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
( _} INDIVIDUAL
( ^)
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
(r..) 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(tES)
National Fire insurance Company
of Hartford SIGNER(S) OTHER THAN NAMED A13OVE
a•�ar.xa-e
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-PACT
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 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,
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 affixed on this 18th day of June 1998
CONTINENTAL CASUALTY COMPANY
� p>altMtrtu NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READINGS,PENNSYLVANIA
Fp �
JULY 11,
SEAL
7897
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,ss:
On this 18th day of June 1998 ,before me personally came
Marvin J.Cashion,to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that
he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and
AMERICAN CASUALTY COMPANY OF READINGS, PENNSYLVANIA described in and which executed the above instrument;that he knows the
seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority
given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to
be the act and deed of said corporations.
Jo.
140TARY
Pogue
My Commission Expires March 6,2000 Mary Jo Abel Notary Public
CERTIFICATE
1,Mary A. Rbikawskis,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 fprce In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this t i day of cam`' c -OX:
CONTINENTAL CASUALTY COMPANY
& NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
tz-
v SEM `C IlG2.
7897
Mary A_Ribikawskis Assistant Secretary
(Rev.10/1197)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company.
"Article IX—Execution of Documents
Section 3.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group
Vice President may,from time to time,appoint by written certificates 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 seat 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 fo#lowing 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 facsim#le 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 R is attached,continue to be valid and
binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company.
"Article VF–Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group
Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of
policies of insurance, bonds, undertakings and other obligatory instruments of tike nature. Such attomeys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time
revoke all power and authority previously given to any attomey-in-fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article V#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 seat 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."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
y' State of California
ss. ;
County of Los Angeles
t
on August 14 2002 Ann Pellant, NotaryPublic
before me,
e Date Mame and'Itte of Officer(s.g.,"Jane Doe,Notary Pubtic")
' personally appeared Nathan Chanel l and Margaret Leong_
>\ Name(s)o S!gner(s)
Kpersona€ly known to mez
s ❑ proved to me on the basis of satisfactoryv
evidence v
to be the person(s) whose name(s)-+stare
subscribed to the within instrument and
acknowledged to me that-Iie�they executed
the same in +it~heir authorized
capacity(ies), and that by 4 /their
signature(s) on the instrument the person(s), or
w x.
the entity upon behalf of which the persons)' a acted, executed the instrument.
tt aY sir : s x fi i f.,.; ; WITNESS my hand and official seal.
Signature of 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. y
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:
1-1 Individual
Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited General
1
- Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
I i Other:_--
Signer Is Representing-,-
0
epresenting:®1599 National Notary Associai:en•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.natlonainotary.org Prod.No.5907 Reorder:Cail'o!1-Frae 1-800-878-5827
ov 01
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/ 564
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1125
(cross-reference SUB 7984), for subdivision being developed by Shapell
Industries of Northern California, San Ramon (Dougherty 'galley) area. (District
:Ili)
The following document was presented for;Board approval this date for RA 1125 (cross-
reference SUIS 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: $1,800.00
Deposit made by: Shapell Industries of Northern California
Auditor's.Deposit Permit No. and Date 391840, August 22, 2002
:c I hereby certify that this is a true and correct copy of an action
G:\GrpData\EngSvc\80\2002\9-17-02\RA 1125 BO-16.doc
Originator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors on
Contact.Teri Rie(313-2363) the Gate shown.
Public Works-T.Bell,Construction
Current Planning,Cournnuttity Development
T-July n .ATTESTED' September, 17 2002
Shapell Industries of Northern California , �
61169
100P.OBox Milpitas
JOHN SWEETEN Clerk of the Board of Supervisors and County
100 North fi+lilpita�s Blvd. ' p
Milpitas,CA 95033 Administrator
ATT:Sam Worden,Steve Savage&Jim Gold
National Fire Insurance Co.offlardbrd
21650 Oxnard Street 9600 i
Woodland Hills,CA 91367
By Deputy
I
RESOLUTION NO. 2002/ 564
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1125
(cross-reference SUB 7984), for subdivision being developed by Shapell
Industries of Northern California, San Ramon (Dougherty Valley) area. (District
DA'Z'E. September 17, 2002
PAGE 2
II. Surety.Bond
Bond Company: >National Fire Insurance Company of Hartford
Bond Number and Date: 929247994,:August 14, 2002
Performance Amount: $173,500.00
Labor&Materials Amount: $87,700.00
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.
RESOLUTION NO. 2002/564
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463)
Subdivision: RA 1125 (x REF SUB 7584} Effective Date: t 0 f
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, Public Workactor SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA,A
1DIVISION OF SHAPELL INDUSTRIES INC.
By: tj (signature) BY: � --
• (print name&tithe)
RECOMMENDED FOR APPROVAL: s V`
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By: (signature) B
Engineering Services division y (print name&titled
FORM APPROVED: Victor 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§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. IMPROVEMENT 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: $1,800.00 cash,plus additional security, in the amount
of $ 173 500.00 which together total one hundred percent(100%)of the estimated cost of the work. Such j
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$__87,700.00 which is fifty percent(50%)of the estimated cost
of the work. Such security is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment
or furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§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 fora 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
6. 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 deflned 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 Ilabillty are any act or omission(negligent or non-negligent)in connection with the matters covered
by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer, agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct
of any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed snap 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.
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GAGrpData\EnOSvc\Forrr4\AG WORD4AG-30A doc
Rev,May 18,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Mate of California
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County of w .. 1^�
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C\� Da4e' me and Title of 01fi��$ aDoe,No'��'.,Pub3�
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Name(s)of Signer{s} 4
personally known to me ;s
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to be the person(s) whose name(s) -mare
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acknowledged to me that he4helthey executed
>; the same in hststi-reRtheir authorized
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COMMission*113§3697 signatures on the instrument theperson's), or
Notary Public-California the entity upon behalf of which the person(s) ;
h Santa Clara County acted, executed the instrument.
MY COMM.EXPhM Aug 74,21105
' I #CESS mi hand and�fficial Sea=.,
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Place Notary Seal Above �' Signature of Notary o:ck- �I
77O?NAL
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
h Titie or Type of Document:
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Documem Cate: _ _Number of rages:
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Signer(s) Other Than Named Above:
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Capacity(ies) Claimed by Signer ;h
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Corporate Officer—Tile{s}:
Partner— � :Write'✓ l General ( �,
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C 4999`iarona;?tr ary Assac;al;un-0350 De Sor Ave.,P.fl.Box 2432§Oudswc.lf.,CA 9;313-2542- Prod.14o.5907 Peorder:Cal!Toa-free!-M0476-8827
COUNTY OF CON A COSTA
DEPOSIT PE IT
—)OFFICE OF COUNTY , DI -CONTROLLER
TO THE TREASURER: MARTINEZ, LIF IA
RECEIVED FROM
( m+ ) O� ANIZATION NUMBER
(,
(For ash Collectiof�Procedures see Cpunfy Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB` TASK OPTION ACTIVITY AMOUNT
ACCT
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EXPLANATION:— 1� TOTAL $
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fes- f r) DEPOSIT (� t
Deposit consists of the fallowing gems
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COIN and CURRENCY $
CHECKS,M.O.,ETC. $ , F
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BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT [)p
NUMBER
Ass IYA .AUCZ2 Ty-
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
depsii into Covnty T ury. ocknowledged.
DateSigned
Te _ r Signed r a
Signed:
X ( 'EXTr
epu ounty Treasurer
ut Cauit Audtor i
D-34 REV.(7-43)'
000649-9665 J 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, Shapell Industries of Northern
California, 100 North Milpitas Blvd, Milpitas, CA 95035
819800-0800: G1093898, $1,000.00, RA 1104 Cash Bond, 5hapell 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 Milpitas Blvd. Milpitas, CA 95035
819800-0800: 61093901, $2,300.00, RA 1117 Cash Bond, Shapell Industries of Northernv'
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1093902, $19.800.00, RA 1122 Cash Bond, 5hapell Industries of Norther
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G10939 1 800.00, RA 1125 Cash Bond, ell Industries of Northern
California, 100 Nor ilpitas 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: 61093905, 15,500.00, PA 0003 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 61093906, $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, 5hapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA yf
95035
819800-0800: G1093908, $21.300.00, RA 1114 Cash Performance Bond, Shapell Industries
of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-08007: G1093909, $16,400.00, RA 112.5 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,
DeSolt Civil Engineering, 811 Sam Ramon Valley Blvd., Danville, CA 94526
000649-9665 / 831000: 61093889, 500.00, RS 2699 Record of Survey Map Check Fee,
Real Estate Engineering, Inc., 1760 Halford Avenue, Ste 360, Santa Clara, CA 95051
000649-9665 / 831000: 61093897, $20,166.00, 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
0006499665 / 831000: 61093899, $33195.00, 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: 61093901, 14 034.50, RA 1117 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035
000649-9665 / 831000: 61093902, j46.219.00, 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,J,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 9503.5
$18.834.00, RA 1125 Plan Check
$27345.00, RA 1125 Improvement Inspection
$13.563.00, RA 1125 Landscape Inspection
819800-0800: 61093910, $9,000.(}C3, DA 0004 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd, Milpitas, CA 95035
Subdivision: RA-1125,Gals RanCh It,XREF SUB 7984
Bond No.: 929247994
Premium: $868.09
IMIPROVENMNT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDscAm A.GREBmzNT
(Performance,Guarantee, and Payment)
(California Government Code Sections 66462 and 66453)
1. REW L of&nLvism AG XNT- The Principal has executed an agreement with the County to install
and pay for public right of way landscaping, and other related improvements in Subdivision�1 125.gala
Ea , els_ as specified an the Subdivision Agreement (Right of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local lags and rulings tbereunder in order to satisfy conditions
for filing of the Final Map or Parcel Map for said Subdivision.
2. (InL gATjgN: Sha ell Industries of Northern California A Division of Sha ell Industries Inc. —,asPrincipatand
National Fire laj t ansa Qgmpaay of Harthard� a corporation organized existing under the laws
of the State of ,and autbonzed to transact surety business in California,
as Surety,hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa,California to pay it:
A. Performance ce and Gua ntee: one Hundred Seven Three Thousand Five Hundred Dollars and 001100
Dollars($ 173,500.00 for itself or any city assignee under the above County
Subdivision Agreement, plus
B. Payment: Eighty Seven Thousand Severs Hundred Dollars and 00/100
Dollars($ 87,700.00 )to secure the claim 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. CQNDrrxaN:
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, admk istrators, 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 rapt 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 barmless the County of Contra Costa (or city
assignee), its officers, agents and employees, as therein sti
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 famished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that saidd 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 band be felly 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
Shape#!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 Zip: 95035 City:Woodiand Hills Zip: 91367
Pant Nares: NV han S apell Print Name: Margit F. Leong f'
Title: Presi4 nt Title: Attorney-in-Fact
F
By: t §-
Print Name and-.T tli : Margaret`LeOg,Vice President/Secretary
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.................
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL EIRE 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
Mar ret Leo Individual
of B!nrIj 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 'ISth day of June 1998
CONTINENTAL CASUALTY COMPANY
�•cta' ; t °fi NATIONAL FIRE INSURANCE COMPANY CIE HARTFORD
to AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
SEAQ. urtL [,
lgg7
Omni
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,ss:
On this 18th day of June , 1998 ,before me personally came
Marvin J.Cashion,to me known,who, being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that
he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument;that he knows the
seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority
given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to
be the act and deed of said corporations.
Jo
"OT'AW
PustiC
fiA•
My Commission Expires March 5,2000 Mary Jo Abel Notary Public
CERTIFICATE
1, Mary A- Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL EIRE 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 herrof are still in force In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this ,' day ofA:x •
Jur 'A CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
o SEAL. u�du
i,
tag?
Mary A. Ribikawskis
(Rev.1011197) 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 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 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 seat 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 W---Execution of Obligations and Appointment of Attomey-in-Fact
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Croup
Vice President may,from time to time,appoint by written certificates attorneysAn-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, shalt 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 seat of the Company may be
affixed by facsimii€e 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 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 seat shall be valid and binding on the Company.Any such power so executed and seated 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 seat 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, 1953.
"RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seat 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 seat 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
On befa,e me,
Ova NAME, TITLE of OFFICER., JANE COE.Nt7 ARY 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(s) whose name(A) is/=subscribed to the within instrument and acknowledged to me that
Mfsha/ZWexecuted the same in*s(her/lt authofized capacity{ , and that by=rsrlher/hftW
signature(SI an the Instrument the person(x), or the entity upon behalf of which the person() acted.
executed the instrument.
r WITNESS my hand. ofttpisi sea
v
[ v ,
(SIGNATURE OF NOTARY
0 -nONAL
01
Through the data below is not required by law, it may prove valuable to persons retying on the document
and could prevent fraudulent reattachment of this farm.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACKED DOCUMENT
{� INDIVIDUAL
{� ) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) {� } LIMITED
{.._} GENERAL
(x) ATTORNEY-IN-FACT NUMBER OF PAGES
( �)
TRUSTEE(S)
{ _ _ GUARDIANXONSERVATOR
t .�) OTHER
MATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire insurance Company
' of Hirt or '
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
M.'a_3
,x
J
State of California
A
5 County of Los Angeles ss,
August 14, 2002 Ann Pellant, Notary Public
On before me,
Data Name and Title of Officer(e.g.,"'Jana Doe,Notary Public") sic
Nathan 5hapell and
personally appeared Margaret Leong
Y' Names)of Signer(s)
; 'personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)--isfare
subscribed to the within instrument and
acknowledged to me that e/the executed Ui
the same in �r/their authorized
capacity(ies), and that by hii;A4e4their
signature(s) on the instrument the person(s),or
3 s e s t the entity upon behalf of which theperson(s)
acted, executed the instrument.
he"y C-_Mr3.€xY x »�> { ,s; WITNES y hand and official se r
Signature of 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
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
G�
Capacity(ies) Claimed by Signer
Signer's Name: x=
❑ Individual I Top of thumb here i
F Corporate Officer—Trtle(s): I ;
Partner—❑ Limited ❑General
Ei Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: a
Signer Is Representing:
0'959 National Notary Associafkon•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 `Reorder:Cali 70.-Free 1-600.676-6927
is 22
i
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUN'T'Y, CALIFORNIA
Adapted this Resolution on September 1.7, 2002,by the fallowing vote:
AYES: Supervisors Gerber, Uilkema, DeSau4lLer, Glover, and Gioia
NOES: None
ABSENT: None
ABSTAIN. None
RESOLUTION NO. 20021 565
SUBJECT: Approval of Road lmprovement Agreement for East Branch Trail,RA 1133 (cross-
reference Subdivision 7976)being developed by Windemere BLC Land Company,
LLC, San Ramon(Dougherty Valley) area. (District III)
The following document was presented for Board approval for East Branch Trail, road
acceptance Ile RA 1133 (cross-reference Subdivision 7976) property located in the San Ramon
(Dougherty Valley) area, Supervisorial District III.
A Road Improvement Agreement with Windemere BLC Land. Company, LLC, 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 trail
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 fine and correct copy of an action
WL:cw taken and entered on the minutes of the Board of Supervisors on
G:lCrrpData\FngSvs\BG,200218-17-02\RA 1133 BO-15.doc
the date shown.
Originator: Public Works(ES)
Contact: Warren Lai(313-2408) SEPTEMBER l7
ATTESTED: s 2002
cc: Curie t Plan- T.Bell,Construction JOHN SWEETEN Clerk of the Board.of Supervisors and County
Current Planning,Corrxrrcatity Development SWEETEN, l3
T-y June 2003 Administrator
Windemere BLC Land Company,LLC
3130 Crow Canyon Pl.,#310
San Ramon,CA 94583
Attu:Brian Olin`
St.Paul Fire and Marine Insurance Company By Z Deputy
+ _�. � , p ty
333 City Blvd.West,#1100
Orange,CA 92868
Attn:Patricia 11.Bmbner
RESOLUTION NO.2002/ 565
SUBJECT: Approval of Road Improvement Agreement for East Branch Trail, RA 1133
(crass-reference Subdivision 7976)being developed by Windemere BLC Land.
Company, LLC, San Ramon(Daugherty Valley) area. (District M)
DATE: September 17,2002
PAGE: 2
I. Cash Bond
Performance Amount: $2,170.00
Auditor's Deposit Permit No. DP391754 Date:August 21, 2002
Submitted by: Windemere BLC Land Company, LLC
Taxpayer identification.number: 94-329-15-16
II. Surety Bond
Bond Company: St. Paul Eire and Marine Insurance Company
Bond Number and Date: ST2224,August 14, 2002
Performance Amount: $214,830.00
Labor&Materials Amount: $108,500.00
Principal: Windermere BLC Land Company, LLC
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTIONN N0. 2002(565
ROAD IMPROVEMENT AGREEMENT
Developer: Windemere BLC Land Company,LLC Effective Dater
Development: RA 1133(cross-reference Subdivision 7976) Completion Period: 1 year
Road: East Branch Trail WT DEMERE BLC LAND COMPANY LLC,
A California limited liability Company
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN`-OBS Winder ere,LLC,
A Delaware limited liability company
CONTRA COSTA COUNTY DEVELOPER. Managing Member
Maurice M.Shiu,Public Works Director BY:Lennar Homes of California,Inc.,
Managing Member
By: " (signature)
(print name&Title) Don Larso ,Vice President
RECOMMENDED FOR APPROVAL
1%eAe�By: j (signature)_�___�'�
Engineeri gZan,
es tvis n (print name&Tf#Te) L s'oehim,As*11retaty
FORM APPROVED: Victor J. County Counsel
(NOTE; All signatures to be acknowledged.If Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code 5313.)
I. PARTIES &DATE. Effective on the above date, the County of Contra Costa, California,hereinafter called "County," and the above-mentioned
Developer,mutually promise and agree as follows concerning this development:
2. RNIP tOVEMENTS. 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 fdtis 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 tom,provide as security to the
County:
A. For Performance and Guarantee:$2,170 cash,plus additional security,in the amount o5214,$30,which together total one hundred percent
(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees performance under this Agreement andnaintenance of the work for one year after its corhpletion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$10$,500, which is fifty percent(50%)of the estimatectost 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 Hoard of Supervisors and upon request of the Developer,the amount
securities may be reduced in accordance with S94-4.406 and S94-4.405 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.
S. 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 onfiear 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 officel4gent 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 actsshall not relieve the Developer of his obligation to fulfill this agreement as
prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions
hereof.
8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boardsocunissions,
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 riot 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 nomegligent)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 formm 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-PERFORIMIANCE 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 Countysue 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.
if. 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,after the improvements are complete.
Other(requires County Counsel approval
Mlap
G:\G+pData\EngSvc\Chris\Projects\Windemere Phase I\RA 1133 AG-24Aoc
Rev.April 6,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Ji k-yre)i--t-i
County of Y.l
On abefore ` z " 1 ,
n
Date Name antl Title of officer e.
� ( g.,'Jane Doe,Nota ubCic")
personally appeared ,>N, !n `4
Na )of Signer(s)
personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)Ware subscribed to the within instrument
and acknowledged to me that /they executed the
r L€BILA A.IH�RW same in Se�'their authorized capacity(les),and that by
t3 ° '"` +s'sss heir signature(s)on the instrument the person(s)
e NOTARYPUB:!G-CA.I.FORMA0
' corsTRA COST' cou T f:`) or the entity upon behalf of which the person(s) acted,
Ct�MO Exp.JULY 16,2005 executed the instrument.
WITNESS my hand official seal.
Signature of 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
Title or Type of Document:
Document date: Number of Pages:
Signer(s) Cather Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner---❑ Limited ❑General ! ❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
Trusteei ElTrustee
❑ Guardian or Conservator . ❑ Guardian or Conservator .
❑ Other: Top of thumb here ❑ Other: Top of thumb here .
i
i
Signer Is Representing: 1 Signer Is Representing:
0 1995 National Notary Association+8236 Remmet Ave.,R.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder;Call Toll-Free 1-800-876.6927
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY.AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA {`
RECEIVED FROM ..
ORGANIZATION NUMBER
( ( f�fionj
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTIONFUND/ORG. SUB' TASK OPTION ACTIVITY AMOUNT
ACCT.
if I
r
J r #
IV-)
4z bA/
tvr,[—p
✓.1. f V3 l�..tr' t 4J � E I Ci t f }f ""'1 �#A- l 7 � L. \� ,�� #.i�! i.✓ � i �'� #{
{ c /J ? #;
C #
33 f
t
i
I
1
EXPLANATION: .� .` TOTAL $ - # r
6 I , DEPOSIT j t
Deposit consists of the fallowing i#ems
0 COIN and CURRENCY $
CHECKS,M.Q,ET $:0 ,3 �1
BANK DEPOSIT $
s 4r C r' FOR AUDITOR-CU T C#LLER USE ONLY
- of { i, / ( DEPOSIT
PERMIT DP
j %( NUMBER
DATE 3917 U 1 r 2/
ASSIGNED 1
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
deposit into t�e County reosury, acknowledged.
r
� 1
Signed: : Signed: ""
V.,.EXT "t s Deputjr ounty Audi Deputy County Treasurer
f„I
D-34REY.I7_ggI
7 Gt
000649-9665 / 813000: 61093880, $114,684.00, RA 1123 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
000649-9665 / 813000: 61093882, $58.108.00, DA 0009/10 Landscape Inspection
Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place #310, San Ramon, CA
94583
000649-9665 / 813000: 61093884, $111,724.00, PA 0001 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093865, la291.00, RA 1124 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093867, $1.000.00, SUB 8619 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093869, $2,170.130, RA 1133 Road Acceptance Cash Bond, Windemere BLC
Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093871, $1,000.00, SUB 8155 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093872, 11,000.00, SUB 8153 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093875, $1,000.00, SUB 8618 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093877, 1?.,000.00, SUB 8262 Cash Bond, Sherman Ranch LLC, 4456
Black Avenue, Suite #200, Pleasanton, CA 94566
819800-0800: 61093879, $1,000.00, SUB 8156 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093881, $14,273.00, RA 1123 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093883, $7,201.00, DA 009/10 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
8198003-0800: 61093885, $13,903.00, PA 0001 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, Son Ramon, CA 94583
000678-9191 / 818800: G1094084, $706,500.00, SPRW EBMUD Easement, Placer Title
Company/Escrow Trust Account, 1981 N. Broadway, Ste, 100, Walnut Creek, CA 94576
000678-9191 / 818800: 61094085, $72,.834.00, SPRW EBMUD Temporary Easement, East
Bay Municipal Utility District, Accounts Payable, PO Box 24055, Oakland, CA 94623
000649.9665 / 813000: G1093858, 1500.00, RS 2695 Record of Survey Map Check Fee,
Bud LaVerne & Rosalia Simmons, 3859 Joan Avenue, Concord, CA 94521
0006499665 / 813000: G1093859, $500.00, RS 2694 Record of Survey Map Check Fee,
DeBolt Civil Engineering, 811 San Ramon Valley Boulevard, Danville, CA 94526
000649-9665 / 813000: 61093860, $500.00, RS 2693 Record of Survey Map Check Fee,
Patricia S. Mendell, 92 Lucille Way, Orinda, CA 94563
000649-9665 / 813000: 61093861, 500.00, RS 2696 Record of Survey Map Check Fee,
RBF Consulting, 1981 North Broadway, Suite 235, Walnut Creek, CA 94596
000649-9665 / 813000: 61093862, 500.00, RS 2697 Record of Survey Map Check Fee,
Robert W. Randles & Ling Ling Li, 1 Chapparal Place, Orinda, CA 94563
000649-9665 / 813000: 61093864, J6k 28.00, RA 1124 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
000649-9665 / 813000: G1093866, 5 000.00, SUB 8619 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
0006499665 / 813000: 61093868, 13.365.00, RA 1133 Road Inspection Acceptance,
Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
000649-9665 / 813000: G1093870, $5,000.00, SUB 8155 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Craw Canyon Place#310, San Ramon,CA 94583
000649-9665 / 813000: 61093873, $5,000. , SUB 8153 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place##310, San Ramon, CA 94583
000649-9665 / 813000: G1093874, 5000.00, SUB 8618 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
000649-9665 / 813000: 61093876, 5000.0}0, SUB 8156 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
000649-9665 / 813000: 61093878, j11.478.00, SUB 8262 Inspection Fee Deposit,
Sherman Ranch LLC,4456 Black Avenue, Suite #200, Pleasanton, CA 94566
Band No.: ST 2224
Development: B&I133 (X-REF SUB 7975)
Premium: $537.00
IMPROVEMENT SECURITY BOND
FOR ROAR IMPROVR MENT AGRi EMENT
(Performance,Guarantee, and Payxtierit)
(California Government Code §§ 66499 - 56499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT.- The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay for strut, drainage and other
improvements on,or along East Branch Trail to complete said work within the time specified for cornplerion
in the Road Improvement Agreement, all in accordance with State and local laws and rulings_
08LICATION: Windemere.B.-C Land Company, LT-C, as ,Principal and St. Paul Fire and Marine
Insurance Company , a corporation organized under this laws of the State of Minnesota and
authorized to transact surety business in California,as Surety,herebyjointly and severally bifid ourselves,
our heirs,executers,administrators,successors and assigns to the County of Contra Costa,California to pay
as follows:
A. Performance: Two Hundred Fourteen Thousand Eight Hundred Thirty Dollars(5214,830)for
itself or any city assignee under the above County Road Improvement Agreement,plus
B. Payment: One Hundred Eight Thousand Five Hundred Dollars($108,500)to secure the claims
to which reference is made in Title 15 4§ et seq. of the Civil Cade of the State of California.
3. CONDITION
A. The Condition of this obligation as to Section (2_A.) above is such that if the above bonded
Principal, or principal's heirs, executors, administrators, successors or assigns, shall in all things
stand to and abide by and well and truly keep and pedoira the covenants,conditions anal provisions
in the said agreement and any alteration thereof inaac as therein provided on it or its part,to be kept
and performed at the time and in the mwmer therein specified and in all respects according to their
true intent and coming and shall indemnify and save harmless the County of Comm Costa or city
assignee, its officers,agents and employees,as dierein stipulated,then this obligation shall become
null and void; otherwise it shall be and remain in full farce acid 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 successAwy enforcing such obligation, all to be taxed as
costs and included in any jadgement rendered.
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 Centra. Costa and all
contractors,subcontractors,laborers,material men and ether 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 saute in an amount not exceeding the amount Herein
above set forth, and also, in case suit is brought upon iltts 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 clairn.,s under Title 15(commencing with Section
3082)of Part 4 ofDivision 3 of the Civil Cade,so as to give a right ofaction 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 gull and void,
o+tbenvise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or anyplan or specification ofsa d wo*agreed to by the
Principal and the County shall relieve any Surety from liability on this bond,and consent is hereby
given to make such alteration without further notice to or consent by Surety;and the Surety hereby
waives the provisions of California Civil Code Section 2819,and holds itselfbound without regard
to and independently of any action agairst Principal whenever taken.
SIgMD AND SEALED on_ August 14, 2002
WII+ID MERE BLC LAND COMPANY, LLC
By: LENNAR HOMES OF CALIFORNIA, INC. ST. PAUL FIRE AND MARINE
P"MCIPA ., its manager $jJ E Y: INSURANCE COMPANY
Address: 3130 Crow Canyon, Suite 300 Address: 333 City Blvd. West 41100
City San Ramon iF 9 4 5 8 3 City: Ora , CA Zi 92868
717
Print Name: Lawrence H. m Son PrintN=e: Patricia. H. Brebner
Title: Vice President Title: Attorney--in-Fact
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G.1Gr txtEny�vclY etts2uctZuugusatSt�is 9153 469-IZA.4 r
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On August 15, 2002 before me, S. McDonald, Notary Public, personally
appeared Lawrence H. Thompson, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature
on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and official 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 reattachment of this form.
CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING:
Corporate Officer—Vice President Lennar Homes of California. Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Improvement Bond No. ST2224
Number of Pages: Two (2)
Date of Document: August 14, 2002
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Orange
On August 14, 2002 before me, Alexis H.Bryan,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H.Brebner
NAME(S)OF SIGNER(S)
personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
ALEXIS H.BRYAN
3 Commission*i3M738 WITNESS my hand and official seal.
4' ", Notary Public-Gaiifamia
Orange County
h�
. My Comm ExpiresJun t,2i3u5�
SIGNAT RE OF NOTARY
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 OR TYKE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL
�I ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER.
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
S40671GEEF 7198 C 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave_,P.O.Box 7184•Canoga Park,CA 91309-7184
'he POWER OF ATTORNEY
Wffiul
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St,Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
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Power of Attorney No. 2275 Certificate No.
1401278
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duty organized under the laws of the State of New York,and that
St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the!aws of the State of Iowa,and that Fidelity and Guaranty insurance Underwriters,
Inc.is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby snake,
constitute and appoint
James A. Schaller,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright,
Jeri Apodaca,Patricia H.Brebner,Leigh McDonough and Alexis H.Bryan
of the City of Costa Mesa State California their true and lawful Attorney act,
each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all?bonds,undertakie.gs,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidcliy of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings rewired or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and scaled this 4th day of October ,2001
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
SlPfl/+ �F1RE ' 0pp.� ��'SC'Al JP+' s�!Vh 'tv Y,
* t yyft. Jf'aN?aR4jF'C i i�gOR4)F�i^� W '^^^�RWt✓;Q`�� o '� PETER W.CARMAN,Vee President
>:cgq n �S$AsLr.r `ut
State of Maryland
City of Baltimore THOMAS E.HUiBRH.(3TSG,Assistant Secretary
On this 4th day of October 2001before mc,the undersigned officer, personally appeared Pete;W. Carman and
Thomas E. lluibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St. Paul Fire and
Marie Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and
Guaranty Insurance Company,and Fidelity and Guaranty insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate scais of
said Companies;and that they, as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
tNEA
*kU&A^w^^(^aJ
In Witness Whereof,I hereunto set my hand and official seal. pC)rARY
Uhl/Q
My Commission expires the 1 st day of;uly,2006. CM p REBECCA EASLEYONOKALA,Notary Public
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86203 Rev.7-2002 Printed in U.S.A. f
. m..__ ...
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,Ss.Pau: 3
re and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1993,wbich resolutions are now in f-lf force and
effect,reading as follows:
RESOLVED,thatnn connection wit;the fidelity and surety insurance business of the Company,aL bonds,undertakings,contracts and other instruments reladrg
to said business may be signed,executed,and acknow'edged by persons or entities appointed as Atterney(s)-in-Fact pursuant to a Power of Attor ncy issued in
accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,
under heir respective designations. The signature of such officers may be engraved printed or lithographed. The signature of each of the foregoing officers and
E the sea'of the Co,rtpany may be affixed by facsimile to any Power ofAttorney or to any certificate relating thereto appointing Attorneys)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any
such Power ofAttorney or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so
executed and certified by such facsimile signature and facsimile sea!shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached;and
RESOLVED FURTHER,that A'uorney(s)-in-Fact shall have the power and authority, and in any case, sub ect to the terms and limitations of the Power of
Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other
writings obligatory in the nature thereof,and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as it'signed by an
Executive Officer and sealed and attested why the Secretary of the Company.
1,Thomas E. H:uibregtse,Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,
Si.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance
Unde,wr tern,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power ofAttorney executed by said Companies,which is i11 full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF.I hereunto set my Inane this 14th day of August 2002
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cr Y "cE wsq W+ s AtN Thomas I3uibregtse.Assistan'S, .e.ary
To verb the authenticity of this Power ofAttorney,call 1-800-421-3000 and ask_for the Power ofAttorney clerk. Please refer to the Power ofAttorney number,the
above-named individuals and the details of the bond to which the power is attacher!.
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