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HomeMy WebLinkAboutMINUTES - 08172004 - C6 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR. DATE: August 17, 2004 SUBJECT: Approving Subdivision Agreement for DA 03-00027 (cross-reference Subdivision 8306).____ SPECIFIC REQUESTS)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION($): ADOPT Resolution No. 20041 437 for DA 03-00027(cross reference Subdivision 8306),approving Subdivision Agreement(Right of Way Landscaping)for Middle Reach Main Branch Alamo Creek being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATIONS): Conditions of Approval for Subdivision 8306 (Gale Ranch Phase III) require creek stabilization of Alamo Creek through civil and landscape improvements. CONSEQUENCES OF NEGATIVE ACTION: If improvements are not installed, the creek will continue to degrade through erosion, bank failure, and channel incision. Continued on Attachment: SIGNATURE: tCOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE THER SIGNATURE(S): ' � ACTION OF 130 ON AUGUST 17, 2004 APPROVED AS RECOMMENDED xxOTHER t' r 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 VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT DISTRICT I) date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: August 17, 2004 G:1CrtpData\EngSvel$012004\08-37-04\DA 0027$0-16 Order.doc JOHN SWEETEN, Clerk of the Board of Orig.Div: Public Works(ES) Supervisors and County Administrator Contact: Teri Rie(313-2363) cc: Public Works- T.Bell,Construction Current Planning,Community Development T—June 17,2005(P 1) Shapell Industries of Northern California, a Division of Shapell Industries,Inc. Attn:Sam Warden,Steve Savage By � , Deputy 100 North Milpitas Blvd, Milpitas,CA 95035 National Fire Insurance Company of Hartford Attu:Gina O'Shea 5820 Canoga Avenue,Suite 200 Woodland Hills,CA 91367 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 17, 2004 by the following vote: AYES: SUMMORS UILKEMA GREENBERG BE-SAtILNIER :AND GLOVER NOES: NONE ABSENT: SU1R.VISOR JOHN GIOIA ABSTAIN: NONE RESOLUTION NO. 2004/ 437 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for DA 03-00027 (cross-reference Subdivision 8306), Middle Reach Main Branch Alamo Creek, being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval this date for DA 03-0027 (cross-reference Subdivision 8306), Middle Reach Main Branch Alamo Creek, located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of Northern California, a Division of Shapell Industries, Inc., 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: JY:rm I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\Bo\2004\08-17-04\DA 0027 130-16.doc Originator: Public Works(ES) action taken and entered on the minutesof the Board of Contact: Teri Rie(313-2363) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development T-June 17,2005(P1) ATTESTED: AUGUST 17, 2004 Shapell Industries of Northern California, a Division of Shapell Industries,Inc. JOHN SWEETEN,Clerk of the Board of Supervisors and Attn:Sam Worden,Steve Savage County Administrator 100 North Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance Company of Hartford Attn:Gina O'Shea 5820 Canoga Avenue,Suite 200 By +a+ •- , Deputy Woodland Hills,CA 91367 RESOLUTION NO.2004/ 437 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for DA 03-00027 (cross-reference Subdivision 8306), Middle Reach Main Branch Alamo Creek, being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District IIT) DATE: August 17, 2004 WAGE: 2 I. Cash Deposit Deposit Amount: $3,500.00 Deposit made by: Shapell Industries Auditor's Deposit Permit No. and Date: 424359 May 11, 2004 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929299747 April 29, 2004 Performance Amount: $342,800.00 Labor&Materials Amount: $173,150.00 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc. 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. 2004/437 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66453) Subdivision: DA 0027 (X REF SUIT 8306) Effective Date: _ L �� Subdivider: Shaped Industries of Northern California. Completion.Period: 1 year a_Division of Shapell Industries,Inc. THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: Maurice M.Shiu,Public Works Director ShWell Industries of Northern California, a_Division of Shapell Industries.Inc. s F"' E 3 , ' s �s. s' °.olr�✓4 rsi r r (pdit urea&tide) gobe-r v. a+Y1 b©re. RECQMNMNDED FOR APPROVAL,:,� By: (signature) r Engineering Services Division,.v (Pilin& ) ' FORM APPROVED: Victor J.Westman,County Counsel lov' , (NOTE: All signatures to be acknowledged if Su dV i�corporared, 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 "Coup and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. LM?ROjrEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants, landscaping,and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work:and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SEMITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. Por Performance andGuarantee: $3,500 cash,plus additional security,in the amount of$342,800 which together total one hundred percent(100%x)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. 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. P. For PU=nt; Security in the amount of$173150,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 tide Board of Supervisors and upon request of the Subdivider,the amourft securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY UrWORK. Subdividerguarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6, "Acceptance",of the Ordinance Code. Subdivider agrees to correct, repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a.penod 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 orae-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 indemnitles 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 flab€i€tv 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 partlyform 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 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. •kvrlap GAGrpData\EngSvclSlave\;ala Ranch%RA 1135\RA1135 Landscape Improvement Agreemsnt.doc Rev.May 18,2C01 ............................................. ............................................................................................................................................................. S(\�wvwwVw,wwvvvwivv�wwwwVV.n --wwwvVvw��tivwwwvi ,wwwv.MM*' v „ . ,. /wM/�'\MMVVVV\M/VV/vW\fVly\M,'// WVV"�WWW��/V/VW/ /V/V W\/V' V�MMi 2�J7 Sf SS`) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT s State of California s � County of Santa Clara s; On June 3,2044,before me,Janice T. Kruse,Notary Public personally appeared, Robert D. Moore & Marie A. Cook personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the s instrument the persons, or the entity upon behalf of which the persons acted, executed the sz instrument. JANCE T.KRUSE > 1318697 rtota�y 1� Ccartila WITNESS my hand and official seal. ` rh Signature of Notary Public Optional Information � >s � s Title or Type of Document: Subdivision Agreement•Landsca>ae Right of Way Tract. 8306 �s s Capacity Claimed by Signer: Assistant Vice President Shauell Industries,Inc. s �S _.tia,.Vww^..M�!�✓wwV� .w,�.wVn���..�w.�.M ., ., ✓V.�.v„v.V:M .%v.Vnni-�.n��nvv`^.il�iv�.v�i✓,� . . wVVMn ���N DEPOSIT PERMIT OFFICE OF COUNTY AUDIMR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FRCMA ORGANIZATION NUMBER t�f (for Cash Codection Procures see Courcy Administrotor's Bulletin 105.) ­DESCRIPTION FUND/ORG. ACCT TASK OPTION ACTIVITY AMOUNT ALL 360 '7' C t3 PA S, AQ 79'6 5- `5 Saj— , t S i V51 '- 4/37154 a E I i EXPLANATION: TOTAL $ t DEPOSIT c consists of the following items and CURRENCY S �1 '13 KS,MAS,ETC > $ BANK DEPOSITS $ POR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER _...........:......... DATE ASSKyNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby d7-sit Into the County Treasury. acknowledged C" SIJ 5i4 1—Date` Si Signed: ti i Title: Y T )�C i V' EXT -y a Deputy Ceunty-Auditor Deputy County Tr .asu rer. 5-34 REV.(7-43) 0649-9665 1 831000: 61138592, $5,000.00, Sub 8827, Map Check Deposit- Major Sub, Hoffmann Land Development Company, 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: 61138594, $5.000.00, Sub 8796, FS O4-000007, Improvement Plan Check Fee Deposit, The Vineyards at Marsh Creek, 3820 Blackhawk Rd., Danville, CA 94506 819800-0800: 61138553, $29,000.00, DA 0030, Landscape Cash Band, Shapell Industries, 100 N. Milpitas Blvd, Milpitas, CA 95035 819800-0800: 61138554, ', �k0, DA 0027, Landscape Cash Bond, Shapell Industries, 100 N. Milpitas Blvd, Milpitas, CA 95035 0649-9665 / 831000: 61188530, Facility Development Corporation, 392 Tesconi Court, Santa Rosa, CA 95401 $7,033.06, Improvement Plan Review $5.647.00, Inspection Fee Deposit 0649-9665 / 831000: 61188531, $1.575.00, MS 00-19, Minor Sub Map Check Fee, Milani & Associates, 4071 Port Chicago Hwy, Ste 100, Concord, CA 94520 0649-9665 / 831000: 61188582, $500.00, RS 2903, Record of Survey Deposit, Christopher Ettell, 3252 Alta Ln., Lafayette, CA 94549 0649-9665 / 831000: 61188538, $500.00, RS 2904, Record of Survey Deposit, George Sutherland, 61 Moraga Via, Orinda, CA 94568 0649-9665 / 831000: 61138534, $500.00, RS 2905, Record of Survey Deposit, Virgil Chavez Land Surveying, 812 Georgia St. Ste 225, Vallejo, CA 94590 0649-9665 / 881000: 61138585, $500.00, RS 2906, Record of Survey Deposit, Bud Laverne Simmons, 3859 Joan Ave, Concord, CA 94521 0649-9665 / 831000: 61188536, $500.00, RS 2907, Record of Survey Deposit, Christian Mirner, 8650 Mt. Diablo Blvd, Ste 200, Lafayette, CA 94549 0649-9665 / 831000: 61138545, $161.818.00, Sub 8710, Major Sub Plan Check, Western Pacific Housing, 400 N. Continental, Blvd, Suite 100, ElSegundo, CA 90245 0649-9665 / 831000: 61138546, $6.650.00, Sub 8710, Major Sub Map Check, Western Pacific Housing, 400 N. Continental, Blvd, Suite 100, EiSegundo, CA 90245 0649-9665 / 831000: 61138591, $4,875.00, Sub 8580, Map Check Deposit- Major Sub, Hoffmann Land Development Company, 1880 Galaxy Way, Concord, CA 94520 COUNTY F CONTRA COSTA r- GENEF . RECEIPT G41385DEPT: ' G r'L% irf .1m NOT COPY!S y 5 5 r NOT A RECEIPT DOLLARS$` FOR ea CASH ACCT. RECEIVED FROM BAL. d a �� r�,� CHECK PAID ,r MONEY BAL. ORDER DUE By- c , t1 jar' (D57,REV.7/89) ff Review Costs for: DG0300027 - 08/18/2003 Thru 07/30/2004 Billirtp Acct: 25287 ACTIVE 08102/2004 Owner: SHAPELL INDUSTRIES Deposits: DG0300027 Fund: 1123 Description Dep Amt Date Posted Journal No Receipt# Deposit# Rev Type 081C IMPRV PLAN REVIEW-LANDSCAPING $15,000.00 08/26/2003 1120612 410840 DEPOSIT -$15,000.00 08/26/2003 1120612 410840 DEPOSIT $12,772.00 02/12/2004 1122930 419451 DEPOSIT -$6,270.06 06/23/2004 JV046726 TRANSFER $6,270.06 06/23/2004 JV046726 TRANSFER -$6,270.06 06/23/2004 JV046726 TRANSFER Total for SCode 081C: $6,501.94 082E PUBLIC IMPRV INSP-LANDSCAPING $19,100.00 05/11/2004 1138554 424359 DEPOSIT Total for SCode 082B: $19,100.00 085J Drainage Improvement Agreement Review $15,000.00 08/26/2003 1120612 410840 DEPOSIT -$15,000.00 01/08/2004 JV043031 TRANSFER $12,772.00 02/12/2004 1122930 419451 DEPOSIT -$12,772.00 02/12/2004 1122930 419451 DEPOSIT $10,000.00 04/29/2004 1123048 423765 DEPOSIT -$5,039.75 06/23/2004 JV046728 TRANSFER Total for SCode 085J: $4,960.25 085K Drainage Improvement Agreement inspectio $16,800.00 04/29/2004 1123048 423765 DEPOSIT Total for SCode 085K: $16,800.00 Total Fund 1123; $47,362.19 Fund: 8198 Description Dep Amt Date Posted Journal No Receipt# Deposit# Rev Type PEND TRUST 8198 PERFORMANCE BONDS $3,000.00 04/29/2004 1123047 423765 DEPOSIT $22600.00 0571' I2004 1138554 424359 DEPOSIT -$19,100.00 05/11/2004 1138554 424359 DEPOSIT Total for SCode PEND: $6,500.00 Total Fund 9198: $6,500.00 Total Non-Restricted Funds: $47,362.19 DG0300027 Net Balance : $36,295.18 Page 8 Development No: DA 0027(Cross-Ref. SUB 8306) Bond: 929 299 747 Premium: $2,571.00 IMPROVEMENT SECURITY BOND FOR.DRAINAGE IMPROVEMENT AGREEMENT (Right of Way Landscaping) (faithful performance&maintenance,AND labor and materials) 1. OBLIGATION: Shapell Industries of Northern California, a Division of Sh4pell Industries, Inc., as Principal,and National Fire Insurance Company of Hartford,a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in 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: Three Hundred Forty Two Thousand Eight Hundred Dollars ($342,800) for itself or any city-assignee under the below-cited Drainage Improvement Agreement, plus B. Labor & Materials: One Hundred Seventy Three Thousand One Hundred Fifty Dollars ($173,150)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 0027(Cross-reference Subdivision 8306)Gale Ranch Phase 3,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 Subdivision 8306, 3. CONDITION: If the principal faithfully performs 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 them for said work and improvement,and protects the premises from claims of such liens,then this obligation as to Section I-.(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 attorney fees fixed by court to be taxed as costs and included in the judgement. 3. CONDYTION: 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 In 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 attomey'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 bene-fit 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 April,29,2004 Shapell Industries of Northern California,a Division of PIt.IN AL Sha ell Indus#ries,Inc. SURETY National Fire Insurance Company of Hartford Bim€ ''_`" _ � By By ') a,r 4 YI-1 o"e'i'C I Gina ffShea,Attorney-in-Fact —� Address 100 N.Milpitas Blvd.,Milpitas,CA 95035 Address 5820 Canoga Avenue,Suite 200,Woodland Hills,CA 91387 Y — Ci:1C»pData\Bng,Vc\Slava\Gale Rauch Phase 3WA 0027-Middle Main F3ranchlDA 0027 landsenpc Bond Agreement BN-10.doe Rev.Ap,i12%2004 -- .. ... _ ...................... _. ......... ......... ..................................................................................................................... _ _ _ POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That�_:rntinental Casualty Company,an Illinois corporatiriii.;National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duty 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 signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,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 is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 16th day of April,2004. GAS#L1 Continental Casualty Company try ' National Fire Insurance Company of Hartford e� C�"roalrre "s f+4r American Casualty Company of Reading,Pennsylvania ` JULY 31. SEAL � � lsaa .� 3eg7 W NA r Michael Gengler Sen7rVice President State of IIlinois,County of Cook,ss: On this 16th day of April,2004,before me personally came Michael Gengler 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 Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation 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. OFFICIAL SEAL EL17A P€2iCE r+araRr rusLto,errrE aFivaao�s MY OOMM961ON EXW ":09N7106 My Commission Expires September 17,2006 41�izza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation 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 the corporations printed on the reverse hereof is still in force. In testimony wereof have hereunto subscribed my name and affixed the seal of the said corporations this 29th day of April. 4 Al Continental Casualty Company National Tire Insurance Company of Hartford tMEW 4?a a � American Casualty Company of Reading,Pennsylvania JULY 31, SEAL a 189? HA Ii Form F6853-11/2001 Mary A.R ika is Assistant Secretary uthorizing By-Laws and Resolutior. ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and 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 17"'day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the 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 17`x'day of February,1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." ........................................................................................................................................................................................................................................................................................................................... State of CALIFORNIA County of LOS ANGELES Cr, April 29, 2004 before me, Sandy Hanner- Notary Public Date NAME, TITLE OF OFFICER.,"JANE DOE, NOTARY PUBLIC- personally appeared Gina O'Shea NAME(S)OF SIGNER(S) (2L) personally known to me–OR – (—) proved to me on the basis of satisfactory evidence to be the person(x) whose names) is/,afflaubscribed to the within instrument and acknowledged to me that buidshe4M executed the same in himther/ft1ir authorized capacity( , and that by lei lherl4%4 signature(m) on the instrument the person(g), or the entity upon behalf of which the person(so acted, executed the instrument. SA ADYH l� WITNESS hand and official seat. _ Commission#1362157 �41 ?,Aycomm Notary Public-CsllfomiaLos Angeles County Si ATLI E OF NOTARY .Expires Jul 2,2006 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (�) INDIVIDUAL { } CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (� } PARTNER(S) (_._) LIMITED (�) GENERAL NUMBER OF PAGES (�) ATTORNEY IN-FACT (_ _) TRUSTEE(S) (�) GUARDIAN/CONSERVATOR (_. } OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-187428-8 NOTICE In accordance with the Terrorism Risk insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the fallowing companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Leading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF P� IUIVt The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE P T IN PAYMMU OF TERR RM LD-$3ES The United States will pay ninety percent (90%) of covered.terrorism losses exceeding the applicable surety/insurer deductible, Form F7310 s� f> CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT �5 1 State of California I County of Santa Clara Z I On May 4, 2004, before me,Janice T. Kruse,Notary Public personally appeared Robert D. Moore known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, t' and that by his signature on the instrument the person, or the entity upon behalf of which ' the person acted, executed the instrument. JAAMCEE t KRUSE Comm►ssion# 1318697 S Notary PUb#c-COWMia s , , y FITNESS my hand and official seal. 24 ;.,ti-•..,..;.�; fay. � N _, Signature of Notary Public Optional Information z Title or Type of Document: Irnnroveent Bond Tract 83061-Bond##929299747 s> Capacity Claimed by Signer: Assistant Vice President of Shapell Industries,Inc. e. l<�..v�;�:::N�!`v.,�'^.i.%��'�v�',.;,'-.;,vv�.v.vv...�,vv.i v✓..,�,�, �,� � ��v✓.v�, ;�,^ ,;wM�. ,.wvwN�n.Mvw,�tiwiiviw..��,.�iv��� C } C CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT S: S� C �< State of California sz County of Santa Clara On May 5, 2004,before me,Janice T. Kruse,Notary Public personally appeared Ken �< Cox known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person s acted, executed the instrument. 'S S 1S ?Z 1 s> JANICE t KRU sE j WITNESS my hand and official seal. Comrntsston# 1318697 1< Notary Public•Cailtornia Santa Clara County40a << �1Y�,�A,724� �- SS Signature of Notary Public z 5� Optional Information < z '1 s> > � I z� Title or Type of Document:_ Improvement Bond Tract 8306-bond#929299747 ; s< Capacity Claimed by Signer. Assistant Secretary of Shapell Industries.Inc. C tiz C 1\ �C S� C S<S�