HomeMy WebLinkAboutMINUTES - 08172004 - C7 47
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TO: BOARD OF SUPERVISORS
FROM: MAL'RICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: August 17, 2004
SUBJECT: Approving the Drainage Improvement Agreement for DA 03-00027 (cross-reference Subdivision
8306).
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ 438 for DA 03-00027 (cross-reference Subdivision 8306), approving the
Drainage Improvement Agreement, being developed by Shapell Industries of Northern California, a Division of
Shapell Industries, Inc., a Delaware Corp., San Ramon(Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S)FOR RECOMMENDATION(S):
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: � 1�trt
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
j,kPPROVE THER
t
SIGNATURE(S)i r ".
ACTION OF BOrp ON AIJGIJSI 17 0 2004 APPROVED AS RECOMMENDED Xx OTHER
VOTE OF SUPERVISORS
XX UNANIMOUS(ABSENT DISTRICT I)
AYES: NOES:
ABSENT: ABSTAIN:
TR:gpp
G:\GrpData\EngSvc\BO\2004\08-17-04\DA 0027 BO-20 Order.doc I hereby certify that this is a true and correct copy of an
Originator: Public Warks(ES) action taken and entered on the minutes of the Board of
Contact: Teri Rie(313-2363)
cc: Pubic Works- T.Bell,Construction Supervisors on the date Shown.
T—June 17,2005
Shapell Industries of Northern California,
a Division of Shapell Industries,Inc. AUGUST 17 �00
Attn:Steve Savage,Sam Worden ATTESTED:
100 North Milpitas Blvd.
Milpitas,CA 95035 JOHN SWEETEN, Clerk of the Board of Supervisors and
National Fire Insurance Company of Hartford
Attn:Pamela L.Stocks County Administrator
5820 Canoga Avenue,Suite 200
Woodland Hille,CA 91367
By ,Deputy
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 17, 2004, by the following vote:
AYES: SUPERVISORS UILKI A, GREEiuBERG, DESAUMTIER AND GLOVER
NOES: NONE
ABSENT: SUPERVISOR JOHN GIOIA
ABSTAIN: NONE
RESOLUTION NO. 2004/ 438
SUBJECT: Approve the Drainage Improvement Agreement for DA 03-00027 (cross-reference
Subdivision 8306),being developed by Shapell Industries of Northern California,a
Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty
Valley) area. (District III)
The following document was presented for Board approval this date for Subdivision 8306,drainage
improvement agreement file DA 03-00027,property located in the San Ramon(Dougherty Valley)
area, Supervisorial District III.
A drainage improvement agreement with Shapell Industries of Northern California, a
Division of Shapell Industries, Inc., a Delaware Corp.,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 creek restoration improvements.
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
Originator:Public Works(ES) and entered on the minutes of the Board of Supervisors on the date
Contact: Teri Itis(313-2363) shown.
JY:nn
G\GrpData�EngSveSO\2004\08-17-04\DA 0027 BO-20.doe
cc: Pubic Works- T.Bell,Construction
T—June 17,2665 ATTESTED:_ AUGUST 17, 2004
shapev Industries ofNorthernIndo California,
Inc., JOHN SWEETEN,Clerk of the Board of Supervisors and County
a Division of Shapell Industries,Inc. p
Attn:Steve Savage,Sam Worden Administrator
100 North Milpitas Blvd.
Milpitas,CA 95035
National Fire Insurance Company of Hartford
Atte:Pamela L.Stocks
5820 Canoga Avenue,Suite 206
Woodland 1Iille,CA 91367 By ,Deputy
RESOLUTION NO.2004/ 438
SUBJECT: Approve the Drainage Improvement Agreement for DA 03-00027 (cross-reference
Subdivision 8306),being developed by Shapell Industries of Northern California, a
Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Daugherty
Valley) area. (District III)
DATE: August 17, 2004
PAGE: 2
I. Cash Bond
Performance Amount: $3,000.00
Auditor's Deposit Permit No. DP423765 Date: April 29, 2004
Submitted by: Shapell Industries of Northern California
Taxpayer identification number: 95-2578030
Il. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929299744 April 20, 2004
Performance Amount: $292,800.00
Labor&Materials Amount: $147,900.00
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc., a Delaware Corp.
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. 2004/438
DRAINAGE IMPE.OVEMENT AGREEMENT
Subdivision. DA 0027(cross-reference Subdiy i—o—n-8-3-0-M Effective Date:
Developer: Sapell Industries of Northern California Completion Period: 1 year
a;Division of Shayell Industries Inc) A kkt a Ace, µP,
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONI`RA COSTA COOTY DEVELOPER
Maurice M.Shin,Public Works Director Shapell Industries of Northern California,
a Division of Shapell Industries,Inc.) e
v.'
Si acture
(Pdut Nmue Tine)
RECOMMENDED FOR'--APPROVAL �3
By: (Signature)
E ineerr erV eS Divi tt7n (Print Name ass fitrk}
S. �`�� '"� pI s #�• yam•..
FORM__APPROVED: Victor J.Westman,County Counsel
(Ntr?3:: All signatures to be acknowledged.If Developer is incorporated,signatures nxtst
conform with the designated representative groups pursuant to Corporations CodeS313.)
i. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called" ount ,"and the above-named
Devel Mr,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 manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County
Ordinance Code and rulings trade thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
3. IMPfIVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County:
A. For Performance and Guarantee: $Ss4QU cash,plus additional security,in the amount of$292.800 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$141,90 ,which is fifty percent(50%)of the estimated cost of the work.Such security is
presented in the form of:
Cash,certified check,or cashier's check
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing
labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,
the amount of the securities may be reduced in accordance with 594-4.4176 and 594.4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORD.. Developer guarantees that said work shall be free from defects in material or workmanship and
shall perforin 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 benefited and protected by this promise are the County and its special district,elective and appointive boards,
commissions,officers,agents and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of
actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of
whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as
complete,and including the defense of any suit(s),action(s)or other proceeding(s)concerning said liabilities and claims.
C. The actions causingliability are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them.
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any 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.
E. 1. Shapell Industries,Inc.("Shapell")shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa
County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims,
costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising
out of or alleged to arise out of Shapell's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000,by and
between Shapell and Windemere BLC Land Company LLC(`BLC")including,without limitation,any claim, cost,loss,liability,damage or other
expense arising out of any action or other proceeding brought by BLC against County or District in connection with any act,approval or other requirement
of County or District in connection with Shapell's activities under the aforementioned Supplement to Cooperation Agreement.
2. Shapell's obligations under Section 1 above shall exist regardless of concurrent negligence or willful misconduct on the part of the
County or District or any other person;provided,however,that Shapell shall not be required to indemnify,protect,defend or hold County or District
harmless to the extent any claims,losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of Comity or
District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The
obligations of Shapell contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance
of improvements by County or District.
8. COSTS. Developer shah pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
9. NON-PERFORMANCE AND COSTS. If Developer fails to complete the work within the time specified in this Agreement,and subsequent
extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to
pay all costs and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately
upon demand.
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
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 may assign
to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights,in accordance to the Dougherty Valley
MOU.
SG:
G:\GrpDatalEngSvcUlava\Gale Ranch Phase 3\DA 0027-Middle Main Branch\DA 0027 Drainage fmpr Agreement AG-17.dac
Rev.April 6,2000
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
1,
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State of California ?
`? County of Santa Clara
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On April 21, 2004,before me, Janice T. Kruse,Notary Public personally appeared
Robert D. Moore and Ken Cox known to me to be the persons whose name are
subscribed to the within instrument and acknowledged to me that they executed the samez
in their authorized capacities, and that by their signature on the instrument, the persons or
the entity upon behalf of which the persons acted, executed the instrument. ;
;` >z
Corm# 1318647
WITNESS my hand and official seal.
"Dwy 1'"C-Com ?t
sar4 t CkXQ Cot t __
Signature of Notary Public
Optional Information
Tide or Type of Document: Drainage Improvement Agreement-Gale Ranch III
DA 0027
S> <Z
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shap-ell Industries,Inc. z
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COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLED_�
MARTINEZ,CALIFORNIA
TO THE TREASURER: �,'
REG)=NEd FROM � �
ORGANIZATION NUMBER.
(For Cash Ca ctim pmosdures sea County:Arhniriistrator's Bulletin 105.)
DESCRIPTION fNDJCJRa � TASK OPTION. ACTIVITY AMOUNT
c I f I I I q 176
q0v 50
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U4j6. L I I I I Ll I I I I L...L_L_
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EXPLANATION: TOTAL $ �^
.�r 4';' c'" I f-71i (��'7 J 4 DEPOSIT rs t
z r " Damosit consists of the following items
7561 alt and CURRENCY $ 1.
A G � ' CH KSS MA.,ETC. $ . ,��(,Y1�•.�.i�
i /vt 1. o = ! c cf✓ NK DEPOSITS $
,� FOR AUDITOR-CONTROLLER USE ONLY
)o l c r.s . l 9/6� ( .�.. DEPOSIT
i PERMIT DP
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treas eiet of a nt is ap roved Receipt of above anuwnt is hereby
deposit into the County 3neasury. j ackrwwledged
Si
Date r r
Signed: Signed:'"
Tits . EXT. Deputy County Auditor Deputy County Treasurer
D-34REV..(7-43) ` J, C is'l'e P � Qt-rJll�✓�
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUGIITOR•CONTROLLE
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER ' �l
l +f
(For Cash Coiiedion Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. ACCTTASK OPTION ACTNiTY AMOUNT
5 $ �' I
46
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11 (lJ L 19i
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251,94 6, ft, .34
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EXPLANATION: TOTAL $ ,
DEPOSIT
Deposit its 0 the following itkrm
COIN and CURB $
CHECKS.M.0 ETC $`~-mac
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSITPERMIT
MEMBER DP. r
DATE . (tet
ASSIGNED
The amount of money described above is for Treasurers receipt of above amount is approved. Receipt of above a nt is hereby
.d}osis into the CountX r ackrwwledged
SigneY !I/. bate
Trf# t C: i —A-,b—A-,bV EXT 3' ZJ"T l Deputy County Treasurer
J
D-34 REV.{7-93}
y l/ ji
DEPOSIT PERMIT /
FILE OF COUNTY AUDITOR-CONTROLL E J `�
TREASURER: MARTINEZ,CALIFORNIA �-
RECENED FROM
ORGANIZATION NUMBER � �}
it
11 r.
(t=ar Gash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. Ate' TASK OPTION ACTIVITY AMOUNT
t l t r
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EXPLANATION: TOTAL $ t
DEPOSIT t
Deposit resists of the`r"'O"M ii M
COIN andel CSU• ffi
CHECKS,MLO,ETC. $ �-
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT �� �7
PERMIT D.
; J
NUMBER
DATE � l 7
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved, Receipt-of above amount is hereby
deposit into the County Treasury.
!♦•
. / Date L�
Signed Signed:
Title ; EXT. Deputy county Auditor Deputy County Treasurer
D-34 REV.(7-93)
--..,%�-,
�"„�
0649-9665 / 831000: G1123028, $1,500.00, Sub 8534, Plan Check Deposit,
Signature Properties, 4670 Willow Road, Suite 200, Pleasanton, CA 94588
0649-9665 / 831000: G1123040, $78,438.00, Sub 8580, Major Sub Plan
Check, Hoffman Land Development, 1380 Galaxy Way, Concord, CA 94520
0649-9665 / 831000: G1123041, $65,242.00, Sub 8827, Major Sub Plan
Check, Hoffman Land Development, 1380 Galaxy Way, Concord, CA 94520
0649-9665 / 831000: 61123048, D60027, Shapell Industries of Northern
California, 100 N. Milpitas Blvd, Milpitas, CA 95035
$10„000.00, Drainage Review
$16,800. , Drainage Inspection
0649-9665 / 831000: 61138801, RA1138, Shapell Industries of Northern
California, 100 N. Milpitas Blvd, Milpitas, CA 95035
$1.000.00, Plan Check
$22,000.00, Inspection Deposit
0649-9665 / 831000: G1138804, $241,800.00, DA0030, Inspection Fee,
Shapell Industries of Northern California, 100 N. Milpitas Blvd, Milpitas, CA
95035
11 -8000113047, � €3� , D # ,:Cash Bond Guarantee of
Performance, Shapell Industries of Northern California, 100 N. Milpitas
Blvd, Milpitas, CA 95035
81=3800-0800: 61123050, $4100.00, RA1138, Cash Bond, Shapell Industries
of Northern California, 100 N. Milpitas Blvd, Milpitas, CA 95035
819800-0800: G1138803, $53,000.00, DA 0030, Cash Bond, Shapell
Industries of Northern California, 100 N. Milpitas Blvd, Milpitas, CA 95035
0635-9752 / 824000: 61138262, $334.00, RS44, Permit# R348279
Traffic Fees, Finish Line Framing—D.Davis, 1636 Pacheco Blvd. Martinez, CA
94553
821500-0800: G1138265, $1,893.55, DNV 5CC Regional, Town of Danville,
510 La Gonda Way, Danville, CA 94526
821400-0800: 61138265, $3,487.44, DNV 5CC 5ub Regional, Town of
Danville, 510 La Gonda Way, Danville, CA 94526
0637-9752 / 824200: G1138279, $168.00, Central Co. COLA, Primo
Quesada, 1075 Chippewa Ct., Walnut Creek CA 94598
COUNTY-„ ,.iF CONTRA COSTA - GENER...,: RECEIPT
DEPT: �'r�-' �� 1 � '” ,2000 THIS COPY IS G ,1 1 4 7
NOT A RECEIPT
DOLLARS$
FOR M z\
f r4 k i €�
CASH ACCT.
RECEIVED FROM
SAL.
CHECK a' AMT.
N', iR, PAID
MONEY BAL.
i�r_) n: . ?1, I i�*+�� 7t.V 1 ORDER DUE
By. �.
(D57,REV.7189) ,\ice
Development No: DA-0027,Gale Ranch III
Bond: 929 299 744
Premium: ;2,196.00
IMPROVEMENT SECURITY BOND
FOR DRAINAGE IMPROVEMENT AGREEMENT
(faithful performance&maintenance,AND labor and materials)
1. OBLIGATION: Shapell Industries of Northem California,A Division of Shapell Industries,Inc.,a Delaware Corr). (PrinciDal), as
Principal, and_National Fire Insurance Company of Hartford (Suretvi.
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: Two Hundred Ninety Two Thousand Eight Hundred No/100**
($ 292,800.00** _ �} for itself or any city-assignee under the below-cited Drainage
Improvement Agreement,plus
B. Labor&Materials: one Hundred Forty Seven Thousand Nine Hundred No/100**
($ 147,900.00** ) 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-0027,Gale Ranch III —, 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 DA-0027, Gale Ranch u1
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. 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 1n 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 Dept 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 these 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 20,2004 _ __----_-.-- ------- - -_.-------
Shapell Industries of Northern California,A Division of
PRINC AL hapell Industries,Inc.,a Delaware Corp. SURE -V--,,National Fire insurance C mpany of Hartford _
By Co
By
Pamela L.Stocks,AttoraSey-in-Fact
Addre 100_N.Milpitas Blvd.,Milpitas,CA 95035 Address 5820 Canoga Avenue,Suite 200
Woodland Hills,CA 91367 818-713-2031
By_
„v C �
GAUP Jf aA]3 igSvcToimA13N WORMEIN-10.doc
Rev,April20,2004 3
POWER OF AT ` RNEY APPOINTING INDIVIDUAL ATT"NEY-IN-FACT
Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a
Connecticut corporation,and American Casualty Company of heading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA 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
signatures and seals herein affixed hereby make,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Individually
of Sherman t?"CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their
behalf bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the
acts of said Attorney,pursuant to the authority hereby given 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 Vice President and their corporate seals to be hereto
affixed on this 9th day of July,2003.
cr Continental Casualty Company
National Fire Insurance Company of Hartford
o ' 'tiwc ► ar , American Casualty Company of Reading,Pennsylvania
Iasi
Michael Gengler Se Vice President
State of Illinois,County of Cook,ss:
On this 9th day of July,2003,before me personally carne 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 SIAL •
NOTARY FU",iYAYe OF IU.WOIi
MY COMMISSION ffXm ":6WS7N3
Aft------i
My Commission Expires September 17,2006 Eliza 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
printecl,,gp, e reverse hereof is till ip force. In testimony whe i have hereunto subscribed my name and affixed the seal of the said corporations this
Gy� day of Z1 4
rrtsli Continental Casualty Company
'� <r 0#WWOMv9d0p,�) National Fire Insurance Company of Hartford
CpWOPAtr American Casualty Company of Reading,Pennsylvania
ALY 71SEAL �edu
Mary A.Rlbikal6kis Assistant Secretary
Form F6853
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 Attotticy-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 17'h 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 REAWNG,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 fall 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'h 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 17d day of February, 1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the
Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,
1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such
power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so
executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to
be valid and binding on the Corporation."
. . . .. .
State of CALIFORNIA
County of LOS ANGELES
On April 20, 2004 before me, Sandy Hanner- Notary Public
Date NAME, TITLE OF OFFICER„ "JANE DOE, NOTARY PUBLIC"
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
{X) personally known to me –OR – (—) proved to me on the basis of satisfactory evidence to be
the person(is) whose name(4 is/ssubscribed to the within instrument and acknowledged to me that
WkshelitM executed the same in hhWher/talc authorized capacity§ffl* and that by wher/tI
signature(s) on the instrument the person(l), or the entity upon behalf of which the person(o acted,
executed the instrument.
WITNESS mjf hand and official seal.
` SANt7Y MAtoa R
Commission#1364157
Notary Pubic-CBltfflrrtit� �`� MGtVAIU s OP NOTARY
Los Ange*s Cowty
My Comm.Expires Jul-; 20M OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
{� ) INDIVIDUAL
{�) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
{__ }
PARTNER(S) { } LIMITED
{�} GENERAL
NUMBER OF PAGES
{X)
ATTORNEY-IN-FACT
{_ )
TRUSTEE(S)
(r-} 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-10742$-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
`NTiting 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 following 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 Reading, PA, The Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
DISCLOSURE OF PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
CI;O UR.E OF FEDERAL P T I TI N IN EAYMENT OF TER.RORT_SM
LSA
The United States will pay ninety percent (9010) of covered terrorism losses exceeding
the applicable suretylinsurer deductible.
Form F7310
,. '.N\ NVQ"^..NW\n!✓W.N'/./ N"/."/i � .il/,_ %'�� _ v`\ (/,N.✓WV ✓�l/\.N//�(())�
CALIFORNIA ALL. PURPOSE ACKNOWLEDGMENT
,z
State of California
County of Santa Clara
z On April 21,2004,before me,Janice T. Kruse, Notary Public personally appeared �
Robert D. Moore and Ken Cox known to me to be the persons whose name are z
subscribed to the within instrument and acknowledged to me that they executed the same
s in their authorized capacities, and that by their signature on the instrument, the persons or 1>
the entity upon behalf of which the persons acted, executed the instrument.
Comm4sion# 1318697 '>
softcrc WITNESS my hand and official seal.
<5 Signature of Notary Public
Optional Information s>
Title or Type of Document. Improvement Bond for Drainage Improvement
Agreement- Gale Ranch III-DA-4027
�l S
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
�` Shapell Industries., Inc.