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HomeMy WebLinkAboutMINUTES - 09172002 - C.8-C.12 TIE 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: Nene ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 5501 SUBJECT: Approve the Drainage Improvement .Agreement for DA 0004 (cross-reference Subdivision.7984)being developed by Shapell Industries ofNorthern California,San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval this date for Drainage Improvement Agreement DA 0004 (cross-reference SUB 7984),property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A drainage improvement agreement with Shapell Industries ofNorthern California,principal, whereby said principal agrees to complete all improvements, as required in said drainage improvement agreement,within one year from the date of said agreement.Improvements generally consist of Gale Ranch Detention Basin. Said document was accompanied by security to guarantee the completion of drainage 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 taken and entered on the minutes of the Board of Supervisors on the date shown. socwATTESTED, eptgMji er 17,� 2Q02 G:tGtpDazaiPngSvciT3Ui2txs2t9-77-421DA 0604 Bt)-2Q.doc Oi*inatcr:Public Works(ES) JOHN SWEETEN,Clerk of the Board of Supervisors and County Contact: T.Rie(313.2363) Administrator cc: Public Works-T.Belt,Construction T—Jude 2003 Shapell Industries ofNorthem California r, P.O.Box 351169 Byia ,Deputy100 North Milpitas Blvd, Milpitas,CA 55035 AIT:Sam Worden&Steve Savage National Fire Insurance Co.of Hartford 21650 Oxnard Street,#6o0 Woodland Bills,CA 51367 RESOLUTION NO.20021 550 SUBJECT: Approve the Drainage Improvement Agreement for DA 0004 (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 1 Cash Bond Performance Amount: $9,000.00 Auditor's Deposit Permit No. DP 391840 Date: August 22, 2002 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 11, Surety Bond Bond Company: National Fire Insurance Co. of Hartford Bond Number and Date: 929253038, August 7, 2002 Performance Amount: $891,000.00 Labor&Materials Amount-''$450,000.00 Principal: Shapell Industries of Northern California NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/550 DRAINAGE IMPROVEMENT AGREEMENT Subdivision. DA 0004 Ix-ref SUB 79841 Effective Date: Developer: �! lt .J 17�" Completion Period: 1 year ,, . THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA CgSTA COUNTY DEVELOPER sift �`.�7 c•c`�t,.�.�� Maurice M.Shia Public Works Director s + J tt �/rrlT + f By: (signantte> `J,'r u e b r i d RECOMMENDED POA APPROVAL " Exec. V.P. By: l nginee' Se rce ivtslon (Print same axlZritk) tul t 6v s t `> Asst . Secty. FORM APPROVED: Victor J.'Westman,County Counsel (NOTE: All sigua urea to be acknowledged.If Developer is incotpwated,signatures truest conform with the designated representative groups pursuant to Corporations Code5313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa.California,hereinafter called"County,"and the above-named Developer,mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements 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). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike mariner,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. lMPROVEMEN7 SECURITY Upon executing this Agreement,the Developer shall provide as security to the County: A. For Performance and Guarantee: $9,000.00 cash,plus additional security,in the amount of$891,000.00 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 cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$450,000.00,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 of the securities may be reduced in accordance with S94-4.406 and 594-4.408 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(1)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. 5. 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, 6. NO WAIVER BY COUNTY.. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities 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 cawing,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 there. D. Non.-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity. 8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. BION-PERFORMANCEA CASTS. 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. 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 proceeds to complete 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. 10, ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County-nay assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights. wL::cw G:\GrpDataT-ngSvc\warren\2002XAttgust\DA 0004 AG-17.doe CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT Z State of California ,f ss. 1 � r County of / t On rfr before me, m rate 'Name ands—,4110 o,O'Mcar(a g_ roe NowN Pub!{,_") personallyappeared i.� Names;�5ignerte) • L-�,,,!�'sonally known to me k [ '`proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrpment and PANDORA i tt1 acknowledged to me that he/sh the xecuted t Commiss€on#4338611 the same in hislhe thei authorized z Notary Public-Ca:i€omis > capacity(ies), and that by his/he eir,, Cama G(sra County signatures) on the instrument the person MYC*Tyr.,-Miffs Jan 10,20M the entity upon behalf of which the person(s) acted,executed the instrument. WTTRw my hand and official seal. " �Slgnaturs of h Public OPTIONAL (4 Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent x fraudulent removal and reattachment of this form to another document Description of Attached Document i itle or Type of Document: Document Date:_ Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: Te( of thumb here LJ Individual ; �j Corporate Officer—Title(s): Partner—L Limited CI General Attorney-in-Fact Trustee Guardian or Conservator d I-1 Other: 10 } Signer Is Representing: — ®*99N00"3 Notary Association.•9350 De Soto Ave.,P.O.80x 2402•Chatsworth,CA 91313-2402•www.natiora;notary.org Prod.No.5907 Reorder:Call Toll-Free 1-800.876-6827 COUNTY OF CON COSTA DEPOSIT PE ' IT )OFFICE OF COUNTY DIT CONTROLLER TO THE TREASURER. MARTINEZ, LIF RECEIVED FROM ANIZAT#ON NUMBER ,.., to�anijxxtkcn} For fish Collectioh Procedures see C unfy Administrators Bulletin 105.) DESCRIPTi N FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. {{ T T d !' k o tc �c V Li VdA . ' tI- JAI L LJ 11 101ILAE II „ r ! TOTAL •' ;r"i f r k 3 i k } g, k k EXPLANATION:— c `C o DEPOSIT f ° Deposit consists of the following Kerns COIN and CURRENCY $ �r{ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY 1 DEPOSIT ! PERMIT DP_ NUMBER DATE ASSI t $' C ,f 2 I The amount of money described above is for Treasurer's receipt of above amount,is opproved. Recent of above amount is hereby dep sit into the County Trpe3ury acknowledged. r Signed: C L Wit'" /Lr �1' Date Signed ./ Signed; Title. / ' ' '; ." EXT. :: puty County Auditor Depu aunty Treasurer i D-34 REV.(7.93) }.° 819800-0800: 61093910, 19 PQO.4Q. DA 0004 Gash Bond, Shapell Industries of Northern { California, 100 North Milpitas Blvd. Milpitas, CA 95035 1 000649-9665 / 631000: 61093888, 000,00, R5 2698 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 Sam Ramon Valley Blvd., Danville, CA 94526 000649-9665 / 631000: 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: G1093897, $20.166.00, RA 1103 Landscape Inspection, Shopell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093898, $ 000.00, RA 1104 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: G1093899, $33,295.00, RA 1105 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093900, 18,968.00, RA 1116 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: G1093901, $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: G1093903, $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, Shaped Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093905, $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.$9, RA 1114 Pian Check, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035 000649-9665 / 831000: G1093909, 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 000649-9665 1 831000: GI093910, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 JA9.920.00, OA 0004 Plan Check $44,000.00, DA 0004 Improvement Inspection 819800-0800: 191093897, $8,200,00, RA 1103 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093898, 1000.00, RA 1104 Cash Bond, Shapell Industries of Northern v/ California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-01800: 61093899, $6,600.00, RA 1105 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: 61093900, $1,200.00, RA 1116 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 950.35 / 819800-0800: 61093901, J.2 300.00, RA 1117 Cash Bond, Shapell Industries of Northernv- Calif ornia, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093902, $1.9,800.00, RA 1122 Cash Bond, 5hapell Industries of Norther California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093903, 11,800.00, RA 1125 Cash Bond, Shapell Industries of Northern. California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: 61093904, $26.900.00, SUB 7984 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093905, 5500.00, PA 0003 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093906, $77�600.4J0, RA 1122 (SUB 7984) Cash Performance Bond,W� , Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800; 61093907, $54,800.00, SUB 7984 (Neighborhood #1) Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093908, $21,300.00, RA 1114 Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: 61093909, Ii6,400.00, RA 1125 Cash Bond, Shapell Industries of Northern/ orthern ,,/� California, 1001 North Milpitas Blvd. Milpitas, CA 95035 t'' Development No: DA 0004 (x-ref SUB 7984) Bond: 929 263 038 Premium: $4,455.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance &maintenance, AND labor and materials) 5hapell Industries of Northern California, a Division o 1. OBLIGATION: Shapell Industries, Inc. , a Delaware Corp• (Principal), as Principal, and National Fire Insurance Company of Hartford (Stu�tY), a corporation organized and existing under the laws of the State of CT and organized and existing under the laws of the State of 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. Faithful Performance, & Maintenance: Eight Hundred Ninety-one Thousand($891,000.00)for itself or any city-assignee under the below-cited Drainage Improvement Agreement, plus B. Labor & Materials: Four Hundred Fifty Thousand ($450,000.00) for the benefit of persons protected under Title 15 § et seq. of the California Civil Code. 2. RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and other improvements in DA 0004, as specified in the Drainage Improvements Agreement, and to complete said work within the time specified in the Drainage Improvement Agreement For completion, all in accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for SUB 7984. 3. CONDITION: If the principal faithfully perfom s all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County,then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period, and if principal fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to there for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications 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 alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of California Civil Code § 2819, and holds itself bound without regard to and independently of any action against.Principal whenever taken, and agrees that if County sues on this bond, Surety will pay reasonable a Lorney .cfs f xed by court to be taxed as costs and included in the judgement. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. 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 claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to 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 7, 2002 n. Shapell Industries of Northern California, a Division f 1NCLL-LU1 t PRINCIPAL SURETY of Hartford Ha are Corp. - , ; By / V` k" By s Marie A. o ¢�cTney- n- act Address `. Milpitas; B�Jd. , Jlii tas, CA95035Address 21650 Oxnard Street, Suite 60'0 Woodland ells% CA 91367 .� ?` ._., _.. X818) 713-203J G:ZrpDaratE y _...... POWER OF ATT ORNEY APPOINTING INDIVIDUAL ATTORNEY4N—FAC T Know AR Men By These Presents,+hat CN71N.,JAL C,ASUALiY COMPANY.an IlAncis�rp�tratic .:ATiCNAL FIRE INSURANCE COMPANY CF.HAR-FOR , a Ccnnec."cut ocrperajcui,AMERICAN CASUALTY COMPANY CP REACING, PSNNSYLVA.N3A, a Penra;rf~ja cxcrperation(herein collectively canoe'the CCC Surety Campanies'),are ray MVW&ed vd ex>sttng their principal MT4ft in the City of Chicago, and State::f 111incis, and that they do by virWe of the signature and smais herein affixed hereby make, corwftAe and a}p*% Marie A. Cock„ indivi of Mllcitas. Ca feria' their true and l awfU Attomsy(s)-i =ac:with full power and authority thereby cordierred to sign,seal and execute for and an their he!&bonds, undertakings and other ociiratory vwtrumerts of simikar r altrsre -In Unlimited Amounts- and to bind them thereby as fulty and to the same extant as if such instruments were*r*d by a duly authortxed oto of their corporations and all the acts of said Attcmeay, Purstmmt to the authority hereby given are hereby raf3fled and confirmed. This Power of Atcmey is a"t"dde and executed pursuant to and by authority cf to S Laws and Ressclutons,Printed on the reverse hereof, duly adop*c:4 as indicated,by-to Bearers of Directors of the corporations. In Witness Whereof,the CCG Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto af!txed on!:is 18th day of Jame 1 1958 C%ONTINEN iAL CASUAL Y COMPANY NA71C RAL FIRE INSURANCE COMPANY, OF HARTFORC t' n t� AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 0 • ' m RtktY T at t/ fl SERI. �� legit ! Marvin J.Cashion Group Vice President State of Illinois, County of Cook,ss: on this t ft day e Jure 191-28 .before me perscmily came Marvin J.Cashion,to me known,whc,being by me duty sworn,did depose and say:that he midas in theCity of Chicago,States of I1trnois;that tie is a Group Vire President of GCNTTNE�I7AL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above hstumerstr that he knows the seals of said corporations;ftrt the seal$afted to the said kmtrument are such ocipwate seals;that they were so ami pursuant to aut�thcrity . given by tate Boards of Directors of said corporations and that he signed his narne theretr,pursuant to like authority,and acknawiedges same to oe the act and deed of said corporations. Ltca'r� �C sok My Commission Expires March 6,2000 Mary Jo Abel Notary Public CER71FICATE 1, Mary A. Rabikawskss,A:ssistan Secretary of CON711NENT"AL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF -fArRTF ORD,and AMERICAN CASUALTY COMPANY OF RING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is stII in fare,and further co tsfy that the By-Law and Resctut`scn of the Board of 01rectom of each corporations printed an the everse hereof are adl in r7 In testimony whereofl have herrounto subscribed My name and afted to seals of the said corporations tars <' day ofAlz CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD yr, err AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA. SEMAL 4 0,uvm � N7LY St, Mary Ar Ribikawskts Assistant Secretary Authorizing By-Laws and Resolutions :OPTED BY THE BOARD OF 0IREC7CRS OF COrvi 1NENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the fok-Wing By.4-aw dy adopted by the Board of Oirec=rs of the Ccmpassy. "Article C7 - ocution of Do +r Section 3.Appointment of Attomey4n-ftct The Chakman of the Board of Okwtmts,tho Presort or any Executive, Senior or Gr= Vice president may.front time to time,appoint by win cordficate s atttameys,-in-faC to act in behad of the Cwpany in the a7cecutfon of you«es of insurance, bonds,undertakngs and otter obtig:atcry insrurnents of Sw move. Such a subject.to the Iicr set torus in thew respective cordficates of athcr*_p,shall have full power to bind ttw Company by their signature and exemttion of any such instrumerrm and to attach the seat of the Company thereto.They Chairman of the Board of Des,the President or any Exac,stivee, Swidr or Group Vice President of the Board of dirrc*...rs,may,at any*ne, revoke all power and authority-rvv .Wy liven to any attomsy4n4act.' This Power of Atwmey is signed and sealed by fasscniie under and by the auttx**of the f dowing Resolution adopted by the Board of Directors of the Company at a meeting duly coed and hold on the 17th day of February, ice. 'Resolved,that the signature of the President or any Executive, Senior or Group Viae President and the seal of the Company may be affixed by facsimile an any power of atb�mey granted pursuant to Section 3 of Artide IX of the 3y-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of rte Cornpany may be affixed by facsimile to any cert�ffcate of any such power and any power or cert;ficate bearing such fa- .ile signature and sial shall be valid and binding on the Company.Any such power so executed and sealed and certified by oertlflsxete so executed and sealed shall,with;respect to any bond or undertaking to whidtr it is aged,continue to be valid and binding on lite Company.' :.,OPTED BY i HE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF FRE-NCrING. PENNSYLVANIA: This Power of Attorney is nide 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 Appoint meat of Attoniey4n-Fast Section 2.Appcin went of Attorney-in4ac The Chairman of the Board of Dir=e rs,the President or any executive, Senior or Group Vice President may,from Ilene to--re,appoint by wrt en certificates attorneys-in-fact to act in berralf-of the Company in the executicn of policies of insurance, bonds, undertakings and other obligatory instruments of Ike nature.Succi attozr,eys-in-#ac,Subject to the limitatiers set forth in their respective certificates of autitcrity,shall have full power to bind the Ccmpary by heir signature and execut en of any such instruments and:to attach the sal of the Company thereto.The President or any Exec-rSve,Sericr or Grcup Vice President may at any time revoke all power and authority previously giver,to any attomey;n-fa&' This Power of Attorney is signed and sealed by facsi Ue under and by the authcnty of the following Resofcation adapted by the Board of Directors of the Company at a meeting duly wafted and held on the 17th clay of February,2-093. 'Resolved, that the signature of the President or any Executive, Senior or Group Vice President and tate seal of the Company may be affixed by facsimile an any power of attorney granted pursuant to Section 2 of Article tit1 of the Sy-Lays,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimge to any certifies of any such power and any power or certificate bearing such facsimile signature and seal shalt be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so exec^ted and sealed stall,with respect to any bond or undertaking to whichit is attactied,continue to be valid and binding an the Company.' '40CPTE0 BY THE 3CARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HAR i—FORD-. This Power of Attorney is made and executed pursuant to and by authority of the fc kming Rsscist an.duly adapted an February 17, 1893 by the Board of Directors of the Company. 'RESOLVED:Thatt14 President,an Executive Vice President, or any Senior or Grcup Vice President of the Corporation may,from time to time,appoint,by written certificates,Att or,eys-in-Fact to act in behalf of the Cerperatcn in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of Ike nature.Such Atwsmey4n-Fact,subject th tte moons sat forth in their respective certificates of authority,shalt have full power to bind the Corporation by their signature and execution of any such ihstrtment and to attach the seal of the Corporation thereto.The president,an Executive Vice President,any Senior or Grcup Vice President or the Board of Directors may at any time revoke all power and authority preYicu:sky given to any Attorney-ir Fac' This Power of Attorney is signed and sealed by faosimiiie under and by the authority of the taitowing Rescli ten adcgted by the Board of Directors of the Company at a meeting duly called and held an the 17th day of February,1S-93. "RSSOLVED' That the signature of the President,an Executive Vice President or any Senior or Grcup Vice President and the sial of the Ccrporatcrs may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Dire-- an February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Ccrperatcn may be affixed by facsim'tle to any certfidate of any such cower,and any power or certificate bearing such facsimille signature and seal shall be valid and binding on the Corporation.Any sueh power so executed and sealed and certified by certificate so executed and sealed,shalt with respect to any bond or undertaking to which it is attached,continue to be valid and binding an the Corporaticr.' Mate or California County of ©n � "� '", .�"`� before me, Date NAMS. TITLE OF OF ICER„'JANE DOE.NOTARY PUBLIC' personally appeared Marie A. Conk NAME($)OF SIGNER(S) {x} personalty known to rate–OR–{; .-y Proved to me on the basis of satisfactory evidence to be the person(sl whose name(s) `Islawlt subscribed to the within instrument and acknowledged to me that wshe ikWaxecuted the same in hWher/Rmwautttorized capacity{.t ,and that by=Wher/WMK sigmture(t) on the instrument the person(*), or the entity upon behalf of which the person(*) acted, executed the instrument. Wt NE9hand official se4l. PANDORA L ti€CNAk ' Commission�43��(if? .__�'�.��, ,�Q # ^ Notary Public-Caii��m;s � SIGNATURE OF NOTARY " Santa':lira County k4y Cu"� E-Vires.tan 10,2OW OPTIONAL Though the data below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) {.,�_) LIMITED (.._} GENERAL (?S..) ATTOANEY IN-FACT NUMBER OF MAGES TRUSTEE(S) (—) GUARDIAN/CONSERVATOR (...) OTfiER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) Oft ENTITY(IES) National Fire Insurance Cornpany F RaR?or7 SIGNER(S)OTHER THAN NAMED ABOVE cl.r ar.ze-e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT `��ai�sS.x,'fc.'��i�,✓�..4<_ �1?.St�.>".�Yr.�;rk{�`z.'-�.;3,�����r��`?.a'T��l�yS��Y�.M 2'�.,'1.,�Y�,��,�'�r,�:.(fha��.�'Y-�"`fi-rc_ t� ^C,l �. y`a State of California Ss. County of z, On__r - before me, a: ate N .a and Title ofYOfter(0.g.Z1111 Doe,Notary Public") personally appeared i Nam{s of igner(s) 7 r; rsonally known to me (�proved to me on the basis of satisfactory f 3., >� evidence to be the person(s) whose name(s) i arm subscribed to the within Instr tent and PANDORA LUi CtA acknowledged to me that he/shthey/executed Commission t333eitt the same in his/her/their authorizes 7 Notary Public- California > f' z capacity(ies), and that by his/hei�ffieir j Santa Cera County signature(s) on the instrument the person(s), or MComm.Expims`an 10,2rm the entity upon behalf of which the person(s) acted, executed the instrument. ITNE m { y hand an (ficial seal /' f Rtl ,. Signature of Notary Pubic k OPTIONAL j F Though the information below is no;squired by law,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. z Description of Attached Document �>r Title or Type of Document: i rk y Document Date: Number of Pages: `¢ L Signer(s)Other Than Named Above: K3 K� >{ Capacity(les) Claimed by Signer Name: g' �s ❑ Individual •Top of thumb here ❑ Corporate Officer--Title(s): f ❑ Partner—i❑ Limited ❑General ` 4� ❑ Attorney-in-Fact El Trustee ❑ Guardian or Conservator , E. Other: °1 Signer Is Representing: K 0 1909 Nationai Notary Association:•9350 Do Soto Ave.,P.O.Box 2402•Chatsworth,CA 92313.2402•www.nationafttary.org Prod.No.5907 Reorder:Call Toll-Free 7.800-875-8827 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 17, 2002 by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 5 51 SUBJECT: Approve 'Subdivision Agreement (Right of Way Landscaping) for PA 0003 — Neighborhood One Park (cross reference SUB 7984) for subdivision being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District 111) The following document was presented for Board approval this date for PA 0003 (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: $5,500.00 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 Cs:1GrpData\EngSvc\BO\200219-17-021PA 0003 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 date Shown. cc: Public Works-T.Bell,Construction Current Planning,Cotnrrxudty Development T-July 2003 ATTESTED: September 17 2002 Shapell Industries of Northern California P.O.Box 361169 JOHN SWEETEN,Clerk of the Board of Supervisors and County 100 North Milpitas Blvd. Administrator Milpitas,CA 95035 ATT:Sam Worden,Steve Savage&Jim Gold National Fire Insurance Co.of Hartford Oxnard Street Woodland Hills,CA 9136136 7 By Deputy RESOLUTION NO.2042/ 551 SUBJECT: Approve Subdivision Agreement (Right of flay Landscaping) for PA 0003 Neighborhood One Park (cross reference SUB 7984) for subdivision being developed by Sapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) BATE: September 17, 2002 MAGE 2 II, Surety Bond Bond Company: >National Fire Insurance Company of Hartford Fond Number and Date: 929247992, August 14, 2002 Performance Amount: $542,200.00 Labor& Materials Amount: '$273,900.00 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. 2002/551 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) { SuMdlvtsitrt. PA 0003 x REF SUB 7964) Effective Date: 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 Works dire for SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA f By. W (signature) BY: (print name&title) - C. T r u e b r i d RECOMMENDED FOR APPROVAL: Exec. V.P. By; (signature) BY: Engineering Services Dlvis' (print name& ie) Mark Westphal FORM APPROVED: Victor J. Westman, County Counsel Asst. Sec L y. (NOTE:All signatures to be acknowledged. H 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-mentloned 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, streetlights, 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 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: $5,500.00 _ cash,plus additional security, in the amount of_$ 542 200.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 273.900.00 ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,cemfied check,or cashler's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said w..,K shall be free from defects ir materisl or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors adepts the work as complete in accordance with Article 96-4.6, 'Acceptance",of the Ordinance Code. Subdivider agrees to correct, repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the erne-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 WAIVED BY COUNTY, Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: if Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider aggroes to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :kw:fap G:\GrpData\EngSvc\Fomis\AG W ORDIAG•30A doc Rev.May 18,2001 _..................................................................._......-..__......-... __ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California € ss. County of On , : C before me, � � P Date Name end 7111 of Officer(e.g 'Jane Doe,Notary Public") personally appeared - aalN Narna(s)of Signers) ❑ r` sonally known to me E7 proved to me on the basis of satisfactory s evidence to be the person(s) whose name(s) reg { -Q subscribed to the within instrumenti and acknowledged to me that he/ eexecuted F+ANt70Fi}!L {C1d the same in his/hey - authorize i✓ommPssian13386t9 capacity(ies), and that by his/h eir : Z Notary Public-Califorriie b signature(s) on the instrument the persons , or ' Sams Clara aunty the entity upon behalf of which the persons) Myr•Expires Jan 10,2(lt)t's acted, executed the instrument. W1TN S my hand and fol seal. _ 4 S� Signature of Notary Public """' OPTIONAL { Though the information below is not required by few,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ; 2. : Description of Attached Document N x•. Title or Type of Document: �` '�h v r� �v ,n 't Document Date: -(Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name, 4 J Individual Too of thumb here Corporate Officer—Title(s): C Partner—D Limited ❑General ❑ Attorney-in-Pact i ❑ Trustee El Guardian or Conservator U Other: Signer is Representing:_ ©1999 National Notary Association+9350 De Soto Ave.,PO.Box 2402.Chatswnrth.CA 91313-2402•www.nationalnetary.org ?rod.No.5907 Reorder.Call Toil-=res 1-800-676-6827 +_ COUNTY OF CO COSTA DEPOSITPE� . 1T� )OFFICE OF COUNTY DI7 CONTROLLER TO THE TREASURER: MARTINEZ, LIF IA RECEIVED FROM O ANIZATION NUMBER E1 (For o' Collectioh Procedures see Cpunfy Administrator's Bulletin 105.) DESCRIPTIgN FUND/ORG. B.f TASK OPTION ACTIVITY AMOUNT f y $ I Al/11 Lk MIA-) 1 1 E l t t � i } E EXPLANATIOt*— TOTAL VCS_ o f ) DEPOSITStd' (49 Deposit consists of the following terns COIN and CURRENCY $ ' Df- CHECKS,M.O.,ETC. $ � Y n .} BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIC;4W4.0 12/ The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby I d'sit into the County Tr ury. acknowledged. Signed C J tx{f w� J',tA Date(r 3 ! 5 LL__ � i C r .r z r Signed b. a Signed: t - Title f I ., kl xT n''"'3 eputy County Auditor DeputyrCounty Treasurer D-34 RfV.(7-93) ✓, �111 . 000649-9665 1 831000: 61093910, Shopell Industries of Northern California, IOC} North Milpitas Blvd. Milpitas, CA 95035 $49920.00, DA 0004 Plan Check $44,000.00, bA 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, JI.Q.00.00, 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.f?0, 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 Northern✓ California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093902, 119,$00.00, RA 1122 Cash Bond, Shapell Industries of Norther California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: G1093903, $1,800.00, RA 1125 Cash Bond, Shopell Industries of Northern. California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093904, 126,900.00, SUB 7984 Cash Bond, Shapell Industries of r Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 1J d "`f 819800-0800: 61093905, 5 500.0)0, PA 0403 Cash Bond, Shopell Industries of Northern sxlifornia 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 6109.3906, $77,600.00, RA 1122 (SUB 7984) Cash Performance Bond, Shopell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: 01093907, $54,800.00, SUB 7984 (Neighborhood #1) Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61493908, $21,300.00, RA 1114 Cash.Performance Bond, 5hapell Industries of Northern California, 140 North Milpitas Blvd. Milpitas, CA 95035 819800--0800: 61093909, j1b,400.00, RA 1125 Cash Bond, Shapell Industries of Northern/ California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 1 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: 61093898, $8,000.00, RA 1104 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093899, $33.295.00, RA 1105 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093900 $8,968.00, RA 1116 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093901, X14,034.50, 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. 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: 61093908, $48,554.89, RA 1114 Plan Check, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: G1093909, 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: G1093910, $9-000. DA 0004 Cash Bond, Shopell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 Subdivisions PA-M3,Gate ranch EE,XREF SUB 7984 Bond No.: 929247992 Premium. $2,711.00 IMFROVENIENT SECURITY BOND FOR PUBLIC IRIGIIT of WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Paymatit) (California Government Code Sections 66462 and 66463) 1. REgrAL(w SUDiv loN A : The Principal has executed an agreement with the County to.install and pay for public right of way landscaping, and other related improvements in Subdivision. PA-000.3,Gale ttench 11,XEFF S 1B as specified in the Subdivision Agreement (Right of Way Landscaping), and to corTlete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for ring of the Final Map or Parcel Map for said Subdivision. 2. 013LICATIONs Sha ell Indus#ries of Northern California A Division of Sha Il industries Inc. ,as Prtcipal,and, National Eire 1nsuranre Company of HadfQrd ,a corporation organized existing under the laws of the State of _ CT ,and authorized to transact surety business in Cabfomia, as Surety,hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and assigns to the County of Contra Costa,California to pay it: A. Perforinance and Guarantee: dive Hundred 1=o Two Thousand Two Hundred Dollars and 001100 Dollars($ 642,200,00 1 for itself or any city assignee under the above County Subdivision Agreement,plus B. Paynient.. Two hundred Seven Three Thousand Nim Hundred Dollars and 00/100 Dollars($ 273,900.00 1 to secure the claims to which reference is mane in Title ' (commencing with Section 3082) of Part 4 of Division III of the Civil Cade of the State of California. 3. CQNWION: A. The Condition of this obligation as to Section 2.(A)above is such that if the.above bounded Principal, his or its firs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly steep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, their this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by County(or city assignee)in successfu]ly enforcing such obligation, all to be taxed as costs and included in any judgement rendered. R. 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 agreer-&nt 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 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 faxed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 30182) of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or thea 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 Shapeli Industries,Inc. SURETY: National Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4 City: Milpitas I I Zip: 95035 City:Woodland Hills Zip: 91367 By: Print Name: Nathan Shapell Print Name: M�rgaretS P, €.eons,, TPresident Attorney-in-Fact itle: Title: By: Print Name and Title: Wirgaret`1Leong; dice President/Secrea r y POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Margaret Leong Individually — --- - of Beverly Hills,California --- their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and an their behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as indicated,by the Boards of[directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 18th day of June 1998 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA Z JULY 11, 0 SEAL `r f902 ,�r 'J• + Iasi 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. , 10 1t4oultY PUBLIC My Commission Expires March 6,2000 Mary Jo Abet Notary Public CERTIFICATE 1, Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF 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 ars still in force. In testimony whereof i have hereunto subscribed my name and affixed the seals of the said corporations this day of r`t;.s_ ? �'.✓ v� CONTINENTAL CASUALTY COMPANY �r N1StiR, °� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA tl SEAL ` JULY 31. ,�,�1 14022 1.897 � 1tAR�"- i Mary A.Ribikawskis Assistant Secretary (Rev.10J1l97) 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--Executlon 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 attomey-in-fact.;, This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article 1X 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 seat of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article Vt 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, 19'93 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,shah 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 Attorney-in-Fact," This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. "RESOLVED:That the signature of the President.an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seat shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of California County of Los Arra les On d C�• before mef✓ } w £ t C t £ Mi t {4.L_ft e , t?sfa NAME. TITLE()F OFFICER..-j it 00E,NOTARY PUBLIC appeared personally apps Margaret F. Leong NAMES)of SIGNER(S) PL) personally known to me –OR – (—) proved to me on the basis of satisfactory evidence to be the person(t whose name(X) ism subscribed to the within instrument and acknowledged to me chat Mlshelt*�cexecutid the same in *e(her/XX9Xauthorized capacityo". and that bytWher/ffMK signature(x) on the instrument the person(A), or the entity upon behalf of which the person(O acted, executed the instrument. WITNESS MY hand and/official seal. Sy J ^, SIGNATURE of NOTARY z €fax Kms' C=Ex. I ^ .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 CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT } INDIVIDUAL. {y._) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT { ) PARTNEA(S) LIMITED {._) GENERAL NUMBER OF PAGES (x) ATTORNEY-IN-FACT TRUSTEE(5) {__ ) GUARDIANICONSEAVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company ..,.� of Hartford SIGNER(S) OTHER THAN NAMED A80VE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ;F State of California Los Angeles ss. County of �t On August 14, 2002 'before me, Ann Pell ant, Notary Public Date Mame and Title of Officer(e.g.,"Jane Dos,Notary Pubic') r personally appeared Nathan Shapel 1 and Margaret Leos Y,S Name{s)04 Signar(e) '"'personally known to me t ❑ 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 Matthey executed the same in -hisA#iar;their authorized capacity(ies), and that by Ne/4�their 1t ` signature(s)on the instrument the person(s), or F the entity upon behalf of which the person(s x< acted, executed the instrument, t0y WITNESS my hand and official seal. .:°'"'�n :.''b�a':^''"`<. t:" .•:W'+my]s'r^;�t%a''„cl-'r'df � R'` �p F" ,,J a Signature of Notary Puokc {fir Y OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying an the document and could prevent t fraudulent removal and reattachment of this form to another document. ; Description of Attached Document Title or Type of document: [document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer e y Signer's Name: " E.' Individual Top of thumb here ❑ Corporate Officer—Titles): ct ❑ Partner—❑ Limited ❑General ❑ Attorney-fn-Fact j r, ] Trustee Guardian or Conservator C:] Other: Signer Is Representing: 0 7958 Natlona Notary Association 9.150 De Soto Ave.,P.O.Box 2.02•Chatsworth,CA 31313-2402 www.nat onalrtotay..org Prod.No.5907 Preorder:Cef??oil-Free 1-800-8785827 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on September 17,2402 by the following vote: AYES: Supervisors Gerber, Ulkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 552 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1103 (cross reference SUB 7984), for subdivision being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District IU) The following document was presented for Board approval this date for RA 1143 (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: $8,200.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 391840,August 22, 2002 TR:cw I hereby certify that this is a true and correct copy of an action G:\GrpData\EngSvcTO\2002\9-17-02\RA 1103 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 date shown. cc: Public Works-T.Bell,Construction Current Planning,Community Development T-July 203 ATTESTED: September l7 2002 Shapell Industries ofNorthem California P.o.Box 361169 JOHN SWEETENT,Clerk of the Board of Supervisors and County 100 North Milpitas Blvd. AdministratorMilpitas,CA 95035 ATT:Sam Worden,Steve Savage&Jim Gold National Fire Insurance Co.of Hartford 21650 Oxnard Street,#600 Woodland Mills,CA 91367By ,Deputy RESOLUTION NO. 2042/552 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1143 (crass reference S C7B 7984), for subdivision being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) DATE: September 17, 2002 PACE 2 II, Surety Bond Bond Company: <National Fire Insurance Company of Hartford Bond:Number and Date:929247990,August 14, 2002 Performance Amount: $810,300.00 Labor&Materials Amount: $409,300.00 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. 2002/552 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: RA 11031x REF SUB 7984E Effective Date: Subdivider: SHAPELL INDUSTRIES OF NORTHERN Completion Period: 1 year CALIFORNIA THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTYSUBDIVIDER: (Name and Title) Maurice y}M. Shiu, Public Works Di r SHAPELL INDUSTRIE,5 OF NORTHERN CALIFORNIA By: (signature) BY: (prink narne&t te)V J.C. T r u e b r i d e RECOMMENDED FOR APPROVAL: Exec• V.P. By: (signature) B Engineering Services Divisir n- (print narne&titre) ark Westplil Asst. Secty. 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 fallowing),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. IMPROVEMEUI SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County 5rdinance Bode,provide as security to the County: A. For Performance and Guarantee: $f3-200.00 cash,plus additional security,in the amount Of_$ 810 300.00 which together total one hundred percent(100%)of the estimated cost of the work. � Such additional security is presented in the form of: Cash,certified check or cashiers check. 3C 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$ 409 300,00 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 WARRANT t JF WORK. Subdivider guarantees that said W�,K shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6, "Acceptance",of the Ordinance Code. Subdivider agrees to correct, repair,or replace,at his expense, any defects in said work. system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. inspection of the work and/or materials, or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefi#fed 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 def€ned below,and including personal injury,death,property damage, inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer, agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to; engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces, including contractors, in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees, and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. in consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. AwJap GAGrpData\EngSvc\ForrnslAG WORDIAG-80A.doc Rev.May 18,2001 ................- ............................................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California -�` &s. County of On C?- : � before me, L w_� _g6 Data _ Name and Tine o.Officer(e g 'Jan®Doe,Notary Public•') personaiy appeared li - `� �� �r : z Name(s)of Signer(s) Y sonafly known to me proved to me on the basis of satisfactory evidence N to be the person(s) whose name(s) is rb ,. subscribed to the within instr went and PANDORA LUI CHAR! acknowledged to me that he/s , the-`,executed Commission#1338611 z the same in his/he helr authorized, tdOWY Public-Cailfbrrua > ca z pacity(ies), and that by his/h f�eir.) s Santa Clara County signature(s)on the instrument the persons,or f; MY Comm EvirmJan ltl,2,XM the entity upon behalf of which the person(s) acted, executed the instrument. n? ITN my hand and official seal. Signature of Notary Public OPTIONAL Trough 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: !� n n: P V�t . AR": Document Date: Number of Pages: y Signer(s)Other Than Named Above: z Capacity(les) Claimed by Signer Signer's Name: ' t- Individual Top of thumb here i r 7 Corporate Officer—Title(s): - Partner—❑ Limited i ,General 7 Attorney-in-Fact % 7 Trustee u = Guardian or Conservator C Other: Signer Is Representing: 01999 Nationa:NotaryAssociation•9350 De Soto Ave.,P.O.9cx 2402•Chatsworth,CA 91313-2402•www.naiiona;nctary.org Prod.No.5907 Reorder:Carl Toll-Free 1-800-87E-5827 COUNTY OF CON COSTA DEPOSIT PE \ IT —)OFFICE OF COUNTY DIT ' CONTROLLER TO THE TREASURER: MARTINEZ, LIF A RECEIVED FROM on ANIZATION NUMBER (Por Dish Collection Procedures see Counfy Administrator's Bulletin 105.) DESCRIPTIgN FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT 1 # 0v I A1111, 11 L4 Erx I , ' - LOQ # # # # i # # EXPLANATIO TOTAL $ �� f (,rte' fes' ..,.. - �. SC:�.'" t'` f, DEPOSIT Deposit consists of the following Iferns COIN and CURRENCY $ ` CHECKS,M.O.,ETC. $Zl r BANK DEPOSITS $ -FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP_ NUMBER DATE AS&Gaat }' E The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby I de -sit into tho County T ury. 7 j acknowledged.li_ Stc#nEd: Date .JSigned i Signed: r Title: J ' L 1 EXT. putt'County Auditor Deputy County Treasurer D-34 REV.;7-93j' 1 000649-9665 1831000: 61093910, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 $49.920.00, DA 0004 flan Check $44,000.00, DA 0004 Improvement Inspection 819800-0809: 61093897; $8,200.00,0.00, RA 1103 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 8198003-0800: 61093898, $1_000.00, RA 1104 Cash Bond, Shapell Industries of Northern,/ California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093899, 6 600.00, RA 1105 Cash Bond, Shapell Industries of Northern �✓ California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: &1093900,'$1-200. , RA 1116 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 / 819800-01800: 61093901, $2,300.00, RA 1117 Cash Bond, 5hapell Industries of Northernv California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093902, $19.800.00), RA 1122 Cash Bond, Shapell Industries of Norther California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: 61093903, $1,800.00, RA 1125 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093904, $26.900.00, SUB 7984 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 V/ 819800-0800: 61093905, 5—500.0 , 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: 61093907, $54,800.00, 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, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-08001: 61093909, $16.400.{70, RA 1125 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 a �m 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, R5 2699 Record of Survey Map Check Fee, Real Estate Engineering, Inc., 1760 Halford Avenue, Ste 360, Santa Clara, CA 95051 000649-9665 / 831000: 61093897, $20,166.00, RA 1103 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: 01093898, $8,000.00, RA 1104 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: G1093899, $33,295.00, RA 1105 Landscape Inspection, 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, $46.219.00, RA 1122 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093903, $11.388.50, RA 1125 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093904, $62.178.25, SUB 7984 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093905, $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 $13,863.00, RA 1125 Landscape Inspection 819800-0800: 61093910, $9,000.00, DA 0004 Cash band, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 Subdivision: RA-1103,XREF SUS 7984,Gale Ranch it Bond No.: 929247990 Premium: $4,052.00 IMPR.OVENMNT ftcui: y BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. JTAI.OF SUt3DIVISIC3N AGTt1rE1EiV'i: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related innprovements in Subdivision RA-1103. XREF SUE tJ484. Qale Rah lI as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement(:Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the:Final:Map or Parcel Map for said Subdivision. 2. OBLIGA.T o : Shapell Industries of Northern California,A division of Shanell Industries Inc. ,as Principal,and National Fire Insuran e� Company of Hartford ,a corporation organized existing colder the laws of the State of CT , and autborized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves,our heirs,executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee.. Eight Hundred Ten Thousand Three Hundred Dollars and 00/100 Dollars($ 810,300.00 )for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: Eoor Hundred'Nine Thousand Three Hundred Dollars and 001100 Dollars($ 409,30000 )to secure the claim to which reference is made in Title XRT (commencing with Section 3082) of Part 4 of Division ffi of the Civil Code of the State of California. 3. CONDMON: A. The Condition of this obligation as to Section 2.(A)above is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and nranmg, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a 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 Street, Suite 600-4 City: Milpitas Zip: 95035 City:Woodland Hills Zip; 91367 By: - `—` PrintName: Nath Sha Il Print Name: M garet F. Leon --" Title: President Title: Attorney-in-Fact By: .., Print Name and Titl�argarAf Leone Vice President /secretary :mw f \1PwS1\SHARDATA\(IpDst.Q,5Sv,.\F.*N WOP,D d2A,d. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-T=ACT 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 OCG 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 aret Leong,lndividuall of' Beverly Hills,California their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -in Unlimited Amounts- and to bind them thereby as fully and to the Sarre 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 OCC 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 I 1558 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 1 AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA ow * 1trSEAL i YIII m ISO? Marvin J.Cashion Group Vice President State of Illinois,County of Cook,ss: On this 18th day of June 1558 ,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. Jo t 10TAW POUC CO. My Commission Expires March 8,2000 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 farce,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse h i;eof are still in farce.In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this +" l day of A "c-d CONTINENTAL CASUALTY COMPANY 4 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD # AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA war at. u 3E-A&L tsoa a 7897 Mary A. Ribikawskis Assistant Secretary (Rev.1011/57) 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 duty 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 maybe affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile 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 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 Attorneydn-t=act 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,shag have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the 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 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 tirne 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 tike 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 anytime revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." Stale of California County o) Los Angeles_ On � r before m®, o to NAME. TITLE OF OFFICER., `JANE t7 E.NOTARY PUBLIC- personally appeared Margaret F. Leong NAME(S)OF SIGNER(S) (_2L_) personally known to me --OR -- proved to me on the basis of satisfactory evidence to be the person(t whose name(s) isl�=subscribed to the within instrument and acknow(edgett to me that XA/she/ executed the same in 0Wher/XWXauthorixed capacity(t , and that by&Wher/tt*CK signature{3o on the instrument the person(A), or the entity upon behalf of which the person( acted, execrated the instrument. r r,. :t:;:..s•>n>::� ay. WITNESS_my hand and official seal. LL 1SIGNATURE OF NOTARY JI y OP'nONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (�} INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ( �,1 PARTNER(S) j} LIMITED GENERAL (-A—) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) (_ _) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER I5 REPRESENTING: NAME OF PE RSON(S) OR ENTITY(IES) National Fire Insurance Company _ Of Rarifora SIGNER(S) OTHER THAN NAMED ABOVE a-inrs2a-et CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ❑ a:.* ..,. 'di m z� r �,. • 4- 1g: State of California County of Los Angeles ss. r:. On August 14, 002 before me, Date Name end Title of icer(s.g., dansWoo,AoVtVd1r personally appeared Nathan Shapel l and Margaret Leong Name(s)of Signar(s) j Mpersonaily known to me ❑ proved to me on the basis of satisfactory ' evidence to be the person(s) whose name(s) 4sfare r, subscribed to the within instrument and y acknowledged to me that• e/they executed the same in 44sAw/their authorized P3' capacity(les), and that by -hW`�e*their ' ANfis K-1111iNIT signature(s)on the instrument the person(s), or Rd COMM":.. Al z the entity upon behalf of which the person(s) j w acted, executed the instrument. xe WITNESS m_y hand and official seal. Z7y: �3 ,h 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: phi+ �4 Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer 4 �•. Signer's Name: Individual Top of'thumb here Corporate Officer—Title(s): L, Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: N3 _ Q 1999 National Notary Association•9350 Ce Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 www.nattonatnotary.org Prod.No.5907 Reorder:Cali Toll•Fres 1-800.876-5827 f THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 17, 2402 by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/553 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1144 (cross reference SUB 7984), for subdivision being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District RD The following document was presented for Board approval this date for RA 1144 (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: $1,000.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 391840, August 22, 2002 TR:cw I hereby certify that this is a true and correct copy of an action. G:1C,rpDatalEngSvc\BO\200219-17-021RA 1104 BCS-1&doc Originator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors on Contact:Teri Rie{313-2353} the date shown. Public Works-T.Beit,Construction Current Planning,Community Development T-July 2003 ATTESTED: September 17 2,002 shapell Industries ofNorthern California -- ,, P.O.Box 351169 JOHN SWEETEN,Clerk of the Board of Supervisors and County 100 North Milpitas Blvd Milpitas,CA 95035 Administrator ATT:Sara Worden,Steve savage&Jim Gold National Fire lnsurarrce Co.of Hartford 21550 Oxnard Street,#600 Woodland Hills,CA 91357 $Yr�" � ,Deputy 3 . RESOLUTION NO.20021553 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1104 (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 PAGE 2 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond dumber and Date: 929247996, August 14, 2002 Performance Amount: $99,500.00 Labor&Materials Amount: $50,300.00 Principal: Shapell Industries of Northern California NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Dight of Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RE,SOLUTIO1ti7 NO. 2002/553 SUBDIVISION AGREEMENT (Right of Way Landscapin ) (Government Code§66462 and 966463) Subdivision. '_RA �1{34�x RE SUB 7984) Effective tate: Subdivider. SHAPELL� INDUSTRIES OF NORTHERN Completion Period. i year CALIFORNIA THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: CONTRA COSTA GQUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works Direc r SHAPELL_ INDUSTRIES OF NORTHERN CALIFORNIA r By: __C-J1 (signature) BY. j {jSfti 1t}}$file$1 tie}, V s 4.r. T c u.iW°.b c i d RECOMMENDED FOR APPROVAL- Exec. V.P. By: (signature) B ✓` Engineering Services Dn {print nama&title} Mark Westphal FORM APPROVED: Victor J. West an, 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 Subdivide ,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 plana for this subdivision as reviewed and on file with the Contra Costa County Public Warks 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: $1,000.00 cash,plus additional security, in the amount of_$ 99 500.00 which together total one hundred percent(100%)of the estimated cost of the work. J 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. Fgr Payment: security in the amount of$ 50.300.00 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 WARRANTIJP WORK. Subdivider guarantees that said w„rx shah be free from defects in mat;°rial or workmanship and shah 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 pians for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate In any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or 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 pians 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 causingl'tability 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 falls to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces, including contractors, in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,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 GAGrpData\ENSvc\Forms AG WORDIAG-30A.doc Rev.May 18,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Nva State of California ss. County of R yn ' t } On�j .3�� - ..��v� � ��- before me; 2'1,6_, ��'r� � fix• Date Name and 71tia I Officer(e.g_'Jana Doe,Notary Public") F personally appeared '�'� Names)of Signer(s) 51 sonally known to me JYYY�s proved to me on the basis of satisfactory t� evidence 114, to be the person(s) whose name(s) subscribed to the within instrompnt and acknowledged to me that he/5p xecuted PANDORA LUI CHAN the same in his/h</thei� authori Commission S 1338611 capacity(ies), and that by his/h eir ; Notary Public-California Santa Clara County � signature(s) on the instrument the person(s_,or Jan IO,200 the entity upon behalf of which the person(s) acted, executed the instrument. ITN my hand and official seal. Slgnatura of Notary Public y.. OPTIONAL Though the in below is not required b lav✓,it may rove valuable to arsons reivin on the document and could prevent g 4 Y Yp P g p fraudulent removal and reattachment of this form to another document : X. Description of Attached Document Title or Type of Document: Document Date: E' Number of Pages: Signer(s)Other Than Named Above° Capacity(les) Claimed by Signer y Signer's Name: Gr � ' . Y ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ — Limited D General E �artner El Attorney-in-Pact Trustee y" Guardian or Conservatork –'. Other: Signer Is Representing:_ �X 0 1999 National Nctary Association•9350 Do Soto Ave.,P.O.Bo;:2402•Chatsworth,CA 91313-2402 www.nationa;notary.oeg Prod.No.5907 Asordec Call Toll-Pres 1-800-876.6827 COUNTY OF CON COSTA DEPOSIT PE IT )OFFICE OF COUNTY DIT -CONTROLLER TO THE TREASURER: MARTINET, LIF A RECEIVED FROM O AWATION NUMBER "�` (tk�nimtion) {For ash Collection Procedures see Cpunfy Administrator's Bulletin 105.) DESCRIPTION FUND/ORO. ACCT. TASK OPTION ACTIVITY AMOUNT t t` I E � o k + r I I I I i I EXPLANATI TOTAL $ w t`t ea^ f DEPOSIT I` Deposit consists of the following erns COIN and CURRENCY $ . CHECKS,M.O.,ETC, $61/4�1 a BANK DEPOSITS $ FOP AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER ASSIO#g1 M �2 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 tyh4 County Trpeffiury. acknowledged. Signed: c Date ' " wj + rr ) �epuity Signed: Title: .� 1 / f J `; jY EXT. Signed. y Audttor g deputy aunty Treasurer 1 f ti 000649-9665 / 831000: 61093910, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 $49,920,E70, DA 0004 Plan Check $44,000.00, bA 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, 11,000,00, AA 1104 Cash Bond, Shopell 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: 61093900, i 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 Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093902, $19,800.00, RA 1122 Cash Bond, Shapell Industries of Norther California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093903, $1,800.00, RA 1125 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093904, $26,900.00, SUB 7984 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093905, $5,500.00, 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: 61093907, $54,800.00, 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, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093909, $16,400.00, RA 1125 Cash Bond, Shapell Industries of Northern/ orthern /� California, 100 North Milpitas Blvd. Milpitas, CA 95035 t 000649-9665 / 831000: 61093888, $500.00, P5 2698 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 Sam Ramon Valley Blvd., Danville,CA 94526 000649-9665 / 831000: G1O93889, $500.00, kS 2699 Record of Survey Map Check Fee, Peal Estate Engineering, Inc., 1760 Halford Avenue, Ste 360, Santa Clara, CA 95051 000649-9665 / 831000: G1O93897, $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 000649-9665 / 831000: 61093899, $33,295.00, RA 1105 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1O939O0, 0-968.00, PA 1116 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1O939O1, $14,O34.50, RA 1117 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: G1O939O2, $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, PA 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, $28,147.001, PA 0003 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093908, $48,554.89, PA 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 $48,834.00, RA 1125 Plan Check $27,345.00, RA 1125 Improvement Inspection $13,563.00, RA 1125 Landscape Inspection t 819800-0800: G1093910, $9,000.00, DA 0004 Cosh Bond, Shape!! Industries of Northern z-�� California, 100 North Milpitas Blvd. Milpitas, CA 95035 Subdivision: RA-4104,Gale Ranch 11,XREF SUB 7984 Band No.: 929247990 Premium: $498.00 lmmovEm ENT SEc'l1RrrY BOND FOR PUBLIC RIGHT of WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Govemment Code Sections 66462 and 66463) 1. RECITAL CSF SU-mVISION AGR)WMEiVT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision. ,-1 1o4.Gale R^nab)t XEtFE ct rL 7q8 as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the tirm specified for completion in the Subdivision Agreement (Might of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final.Map or Parcel Map for said Subdivision. 2. OBLIGATIC3N: Shapell industries of Northern California.A Division of Shaul( Industries.Inc, ,as Principal,and National ite las mance Company of Ha fard ,a corporation organ ex�isting under the laws of the State of C- ,and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: Ninety Nine Thousand Five Hundred Dollars and 001100 Dollars ( '99,5C}O.t10 )for itself or any city assignee under the above County Subdivision Agreement,phis B. payment: Fifty Thousand Three Hundred Dollars and 00{100 Dollars($ 50,300.00 )to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CON A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, his or its heirs,executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shalt 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 arnount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and:fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a 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 Street, Suite 600-4 City: Milpitas Zip: 95035 City:Woodland Hills Zip: 91367 By: By: ^� Print Name: Nath Shapell Print Name: M igart F. Leong, Title: President Title. Attorney-in-Fact i By: Print Name and Titjb: Marjaret Ledng, Vice President /Secretary :mw ` \\YWSI\SHtsMATA\ftDet&TnovoT"\BI4 WORD\BN-12A.d- _.......................-- - ............................................................................................................................................................................................................................................................................................................................ ............................................................................................................................................................................................................................................................................................................................ POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Ma aret Leong,Individual of Beverly Hills;California their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Croup Vice President and their corporate seals to be hereto affixed on this 18th day of ,lune 1 1998 CONTINENTAL CASUALTY COMPANY NATIONAL FIDE INSURANCE COMPANY OF HARTFORD , " AMERICAN CASUALTY COMPANY OF READING,PENNSYLVAN€A t7 $ 11. 4 Aft fgg7 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 duty sworn,did depose and say:that he resides in the City of Chicago, State of Illinois;that he is a Croup 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. S40 KPUBE±tG CO'k, My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE I,Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof ars still in force.In testimony.whereo€I have hereunto subscribed my name and affixed the seals of the said corporations this -.Y4 day of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD s { AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA JULY 31, �� i3EN1. Mary A. Ribikawskis Assistant Secretary (Rev.1011197) 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 1X-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-€act 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-€n-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 Croup Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact," This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article Vl--Executlon 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,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 seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company.,, ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,blonds, 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 Croup Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of California county oI Los Angelos ( # f t ` t ;V eq -,` l � a€ C On _ be ors me, OAIe !NAME. TITLE OF OFFIGER4 '.LANE COE.,140TARY PUBLIC' personalty appeared Margaret F. Leung NAME(S)OF SIGNER(S) (-2L-) personally known to me—OR -- (®) proved to me on the basis of satisfactory evidence to be the person(t whose name4) is/=subscribed to the within instrument and acknowledged to me that M/shel2apCexecuteid the same in her/X*Wauthorized capacity(}", and that by;tWher/tfiWK signature(s1 on the instrument the person(A), or the entity upon behalf of which the person( acted, executed the instrument. WtTNE',aS my hand and official seal Y � SIGNATURC OF NOTARY x °4f 3 Rzt ` � GPTIt:)NAL 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 torn. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (�) PARTNER(S) (�) LIMITED {_ _} GENERAL ( ) ArFORNEY IN-FACT NUMBEROfPAGES {�) TRUSTEE(S) { _�) GUARDIAN/CONSERVATOR (� _ ) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTINO: NAME OF PERSON(S) OR ENT ITY(IES) National Fire Insurance Company .r...� of Har1ford SIGNERS) OTHER THAN NAMED AEOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT YJ State of California ss. County of Los Angeles August 14, 2002 Ann Pellant, Notary Public On before me, Date Name and Ttle of Officer e. 'Jane Doe.Notary Public" personally appeared _ Nathan Shapel l and Margaret Leong Name(s)of Signer(s) r k personally known to me ❑ proved to me on the basis of satisfactory evidence kP. to be the person(s) whose name(s)--ie/are subscribed to the within instrument and acknowledged to me that-hefs /they executed 11 the same in WmAter/their authorized ca acit ies , and that by bisAw/their signature(s) on the instrument the person(s), or ; the entity upon behalf of which the person(s) acted, executed the instrument. y ` t 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. 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 v Signer's Name: ❑ Individual Tcp of thumb here ❑ Corporate Officer—Title(s): Cl Partner—❑ Limited ❑General ❑I Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: � 0 1899 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 www.nationalrotary.org Prod.No.5907 Reorder:Cal;Toli-Free 1-800-875.8827 v Cel THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 17, 2402 by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier , Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 554 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1105 (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 1145 (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: jI. Cash Deposit Deposit Amount: >` 6,600.00 Deposit made by: 'Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 391840, August 22, 2042 TR:cw I hereby certify that this is a true and correct copy of an action OrIgInatorlEngPublicWor s(ES)-02 RA 1105 Bo-Is.doc taken and entered on the minutes of the Board of Supervisors on t7rfylinatorz Public works(E5) Contact:Teri Rie(313-2353) the date shown. cc: Public Works-T.Bell,Construction Ciment Planning,Cotrununity Development T a July 2003 ATTESTED: S 17 2Q02 Shapell Industries of Northern California P�O.Box 351159 JOHN SWEETEN,Clerk of the Board of Supervisors and County 100 North Milpitas Blvd. AdministratorMilpitas,CA 95935 ATT:Sam Worden,Steve Savage&3im Gold National Fire Insurance Co.of Hartford a 21650 Oxnard Street,#600 Woodland Hills,CA 91367 By ,Deputy RESOLUTION NO.2002/5 5 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1105 (cross reference SLTB 7984), for subdivision being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) DATE. September 17, 2002 PAGE 2 II. Surety Bond Bond Company: National Fire Insurance Company of Dartford Bond Number and Date: 929247991, August 14,2002 Performance Amount: $655,500.00 Labor&Materials Amount: $331,000.00 Principal: Shapell Industries of Northern California NOW "`HEREFORE 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. 2002/554 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Cade§66462 and§66463) ' Subdivision: >_RA 1105 (x REF SUB.7984) Effective Gate- Subdivider. SHAPELL INDUSTRIES OF NORTHERN Completion Period: 'I year CALIFORNIA THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CQNTRA CCISTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Wor air or SHAPELL IND STRIES OF NORTHERN CALIFORNIA By: HG (signature) BY: (print Hama&title) ,.,h .C. `I'1:"a e b r i de RECOMMENDED EOR APPROVAL: Exec. V.P. By: fi I '4 (signature) BY Engineering Services Divlsi n (print name&tura} mark -- \'Lj Asst. Sectry. 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 Sub wider,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 Centra 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 6-6W.00 cash,plus additional security,in the amount Of $ 655 500 00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: —Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$�3$1,000.00 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 XAcceptable corporate surety bond. Acceptable irrevocable Ietter 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 there 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 WARRANT 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 piant 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 beiow,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 llability 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 specifioatlon(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or 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,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. in consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. kw fap GAGrpDaWEngsvc\Forms\AG WORMAG-30A doc Rev.May 18,2001 ............................_...............................__...._..._.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ' ;> ss. y County of Ong°`� _ 7.- before me, ✓a /2 i Date Name and.Tilt of Off (e.g,"Jane Coe,Notary Public, �� personally appeared � � , a . y naily known to me �o proved to me on the basis of satisfactory s evidence �t to be the person(s) whose name(s) is are p subscribed to the within instru"rnt and Q� m .,_ acknowledged to me that he/secuted : PANDORA LUi CHAN the same in his/h (heir ' authored, Commission 1311 ca acit lies and tha�his/he heir ` A. z" data Public-Californiaz p Y( ), Y _ ` > signature(s) on the instrument the person(s), or Santa C€:atm County the entity upon behalf of which the person(s) MyCcm-n.Expires ;an to,2006 acted, executed the instrument. ,, ,lTrgE& y hand and official seal. Signature of Notary Public , 5� y0:. OPTIONAL Though the information below is not required by lava,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: st��:. !� t {��� Document Date: y Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer y Yq Signer's Name: y J Individual Top of thumb here J Corporate Officer—Title(s): N J Partner—J Limited ❑Genera': J Attorney-in-Fact L! Trustee 1 ! Guardian or Conservator Y IN1-1 Other. v� I Signer Is Representing:_ { 0 1999 Nat onai Notary Assoc,aton-9350 Ce Soto Ave.,P.O.Sox 2402>Chatsworth.CA 97313-2402•www.natimalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 COUNTY OF CON A COSTA DEPOSIT IT IT OFFICE OF COUNTY UDIT -CONTROLLER TO THE TREASURER: MARTINEZ, LIF IA RECEIVED FROM }' _ O ANIZATION NUMBER J` ,•� (Organi»x+lany (For ash Collection Procedures see CQunfy Administrator's Bulletin 105.) DESCRIPTlgN FUND/ORG. ACT TASK OPTION ACTIVITY AMOUNT Itk f � � 1 101 1' fx . � 4 1 1 I ILI I IX 1 EXPLANATIO �"` r�.;- TOTAL L I j r DEPOSIT Deposit consists of the following ems { COIN and CURRENCY $ CHECKS.M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE 1-Y ASSI 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 thg County Tr esury. acknowledged. R r, Signed ( ! - °v Imo' s ;`;(,ny.t Dater t ) Signed , Signed: Title f i !/ '; XA �EXT. putt'County Auditor Deputy�unty Treasurer f- a D-34REV(7-43) 000649-9665 831000: G1093910, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 $49,920.00, t)A 0004 Plan Check X44,000.00, DA 0004 Improvement Inspection 819800-0800: 61093897, $ 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, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-08030: G1093899, 6 600.00 'PA 1105 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093900, $1,200.00, RA 1116 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 / 819800-0800: G1093901, $2,300.00, RA 1117 Cash Bond, Shapell Industries of Northernv- California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093902, $19.$00.00, 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, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093904, $26.900.00, SUB 7984 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093905, $5,500.00, 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,$00.00, SUB 7984 (Neighborhood ##1) Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093908, X21,300.00, RA 1114 Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: 61093909, $16,400.00, RA 1125 Cash Bond, Shapell Industries of Northern/ orthern f California, 100 North Milpitas Blvd. Milpitas, CA 95035 L' 1 000649-9665 / 831000: 61093888, $500.00, RS 2698 Record of Survey Map Check t=ee, 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: 61093898, $8,000.00, RA 1104 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093899, .03-295. , RA 1105 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093900, 18,968.00, RA 1116 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093901, $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, $11,38.8.50, RA 1125 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093904, x;62.178.25, SUB 7984 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093905, $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: G1093909, 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; G1093910, 9 (3C!0.0t 0, bA 0004 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 SubdiVWon: RA-1105,Gale Ranch!l,XREF SUB 7984 Bond No.: 929247991 Premium: $3,278.00 MPROVENIENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREENtENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. &=,4L of S pivistoN AG tE : The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision RA-1 105,Gale Bari,I XREF st is 7ga as specified in the Subdivision Agreement (dight of Way Landscaping), and to complete said work within the titm specified for completion in the Subdivision Agreement (Right of Way Landscaping),all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. 0HUgAnON: Sha ell industries of Northern Califomia A Division of Sha ell industri s Inc. ,asP c*and National Fire insurance Com ]yfHadfor ,a corporation organized existing under the laws of the State of - ,and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors,and assigns to the County of Contra Costa, California to pay it: A. per Drmance and Guarantee; Six Hundred Fifty Five Thousand Five Hundred Dollars and 0011001 Dollars($ 656,500-00 1 for itself or any city assignee user the above County Subdivision Agreement,plus B. Payment: Three Hundred Thi One Thousand Dollars and 00/100 Dollars($_331,,000.00 )to secure the claims to which reference is made in Tale V (commncing with Section 3082) of Part 4 of.Division 1 of the Civil Code of the State of California. 3. C2UJI.UQN: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Prfi cipal, his or its heirs, executors,administrators, successors or assigns, shall,in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall,become- null and void; otherwise it shall be and remain in M 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 attorneys fees, inc'ur'red 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 finmished or labor thereon of any kind,or for amounts due under the Unemployment Insurance e Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a 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 2813, 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 Street, Suite 600-4 City: Milpitas Zip: 95035 City:Woodland Hills Zip: 91367 By: By: Leong Margk - Natha Sh ell Print Narne: rt;t F. Print Name: ' President Attorney-ire-Fact Title. Title: By Print Name and Title: Margaret Lang, Vice President/Secretarr :mw ti\FWs1\St ATA\Qp3 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Margaret Leong Individually of Beverly Hills California their true and lawful Attorneys)-in-Fact 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 same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 18th day of June 1998 CONTINENTAL CASUALTY COMPANY siu�eg i" NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA to Any It, S 3FA1 Ian 1407 Marvin J.Cashion Group Vice President State of Illinois,County of Cook,as: On this 18th day of June 1998 ,before me personally came Marvin J.Cashion,to me known,who,being by me duly swam,did depose and say:that he resides in the City of Chicago. State of Illinois;that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. 30 TAitY Pusuc My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE 1, Mary A.Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in ford,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 farce. In testimony whereof i have hereunto subscribed my name and affixed the seats of the said corporations this day of �r` - GAsu � CONTINENTAL CASUALTY COMPANY ` NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA JULY 1. J SEAL 1 ata? Mary A. Ribikawskis Assistant Secretary (Rev.10/1 l97) 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 attomeys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any 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 tate Company. "Article VI--Execution of obligations and Appointment of Attorney-in-Fact Section 2.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1983. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such Attorney-In-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the 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,1983. "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, 1883 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of California County of Las Angeles A.> s On '` #t' }w before me, �-f '1 f 0AI* NAME, TITLE OF OFFICE (, 'JANE DOE.N TAPY PUBLIC' personally appeared Margaret F. Leong NAME(S) OF SIGNER(S) (_2L) personally known to me --OR -- (—) proved to me on the basis of satisfactory evidence to be the person(t whose names) islet subscribed to the within instrument and acknowledged to me that M/shelibWexecuted the same in (her/lt3r*authorized capacityC*O), and that by�tWher/tf'w signature(sl an the instrument the person(A), or the entity upon behalf of which the person(*) acted, executed the instrument. ey IT my hand and official seal., 4ANN rVILA fs �+� �YriZ S�"Fi�. F `L'�-0l.$:F � _ - �i�Y✓`,vLc.- 4 �'.•�..� '/�•,.}-�... :_+Y _.... M SIGNATURE OF NOTARY 't CJ PTIOt�AL Though the data below isnot 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 { o) CORPORATE OFFICER TITLE(S) TITLE OR TYPE Or DOCUMENT PARTNEA(S) { ) LIMITED {�) GENERAL ( ) ATTORNEY-IN-FACT NUMBER OF PAGES {� _) TRUSTEE(S) {�) GUARDIANICONSERVATOR (_ _) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company or"Rariford SIGNER(S) OTHER THAN NAMED ABOVE CZ•{D7i�d-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r State of California . y ss. :, Count of 0S Angeles ? 4. On August 14, 2002 beforeme, Ann Pellant. Notary Public y Date Name and Title of officer(e.g.."Jane Doe,Notary Public") personally appeared NafihanShn-LL—a-Gtd-M&V-rT'1#^fn+ L AXIL Name{x) f Signers) personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-tire subscribed to the within instrument and acknowledged to me that helal%/they executed the same in 44s/l r'their authorized capacity(ies), and that by 4 t their A Ns signature(s)on the instrument the person(s), or Z , the entity upon behalf of which the person(s) t r a acted, executed the instrument. " ? z .,. .. �, WITNESS my hand and official seal. Signature of Notary Pubic yr OPTIONAL Though the information below is not required by taw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: >: El Individual Tod of thumb here ❑ Corporate Officer—Title(s): EDarner — 1 Limited El General Attorney-in-Fact J Trustee Cil Guardian or Conservator Other:_ Signer Is Represenfing: { 01999 Natone?Notary Association.9350 00 Soto Ave.,P.G.Box 2402•Chatsworth,CA 943532402•www.nationamotary.org Prod.No.5907 9eorder:Cal;Foil-Free 1-800-876-6827