HomeMy WebLinkAboutMINUTES - 09122006 - C.11 I
I
i cc
5 `
TO: BOARD OF SUPERVISORS i �=1 �F,�--- • . Contra
.-
FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR
Costa- s
DATE: September 12, 2006
Count
I
crJutz y
SUBJECT: Approving the Road Improvement Agreement for Dougherty Road, Road Acceptance 04-01168
(cross-reference Subdivision 04-08856), being developed by Shapell Homes,A Division of Shapell
Industries, Inc., A Delaware Corp., San Ramon (Dougherty Valley) area. (District III)
I. I
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIf(CATION
I
i I
RECOMMENDATION(S):
ADOPT Reso:lution No. 2006h_�9 for Road Acceptance 04-01168 (cross-reference Subdivision 04-08856),
approving thejRoad Improvement Agreementifor project being developed by Shapell Homes,A Division of Shapell
Industries, Inc:, A Delaware Corp., San Ramon (Dougherty Valley) area. (District II1)
I I
FISCAL IMPACT:
None.
I
f
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Improvement Plans for Road Acceptance 04-01168 have been reviewed and processed by Public Works staff
and meet all applicable conditions of approval for Road Improvements.
I I
CONSEQUENCES OF NEGATIVE ACTION:
The Road IJnprovement Agreement will not!be approved.
I i
i I
I I �
Continued on Attachment: L,—" SIGNATURE:
j —
L.K9COMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
PPROVEI OTHER
I I
SIGNATURES
ACTION OF BOVON ON APPROVED AS RECOMNIENDED OTHER
I. I
� I
Vry,,fE OF SUPERVISORS //� I hereby certify that this is a true and correct
v UNANIMOUS(ABSENT Na77c. ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
I
' I
Originator: Public Works(FS)
Contact: T.Ric(313-2363) ATTESTED: �G ,r� A&"
G:\EngSvc\l30\2006\09-12\ RA 1168 BO-15.doc G �� 6
LL:vc I I JOHN CULLEN Clerk of the Board of
cc: Public Works- Construction
Current Planning,Community Development p
T—July I2,:2006 Supervisors and County Administrator
I
Shapell I Ionics,A Division of Shapell Industries,Inc.
100 N.Milpitas Blvd.
Milpitas.CA 95035
Attn:SI Worden and S.Savage
National Fire Insurance Company of Hartford By , Deputy
355 G.Camelback Road,Suite 500
Phoenix,A7 85016
Attn:Pamela L.Stocks j
I
I �
I
I
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
i I
Adopted this Resolution on September 12, 2006 by the following vote:
AYES: I Lfilkema, Piepho, DeSaulnier, Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
I �
RESOLUTION NO. 2006/ 0)--77
I I
i I
SUBJECT: Approving the Road Improvement Agreement for Dougherty Road,Road Acceptance
j 04-01168 (cross-reference Subdivision 04-08856), being developed by Shapell
Homes, A Division of Shapell Industries, Inc., A Delaware Corp., San Ramon
(Dougherty Valley) area. (District III)
The following document was presented for Board approval for Dougherty Road, Road
Acceptance 04-01168 (cross-reference Subdivision 04-08856) property located in the San Ramon
(Dougherty Valley) area, Supervisorial District III.
� I
I A Road Improvement Agreement with Shapell Homes,A Division of Shapell Industries,Inc.,
A Delaware Corp., principal, whereby said principal agrees to complete all improvements, as
required in said road improvement agreement, within two years from the date of said agreement.
Improvements generally consist of anew road alignment and bridge construction.
I �
j Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I I
I I
I I
i I
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
Originator: Public Works(ES) on the date shown.
Contact:)1'.Ric(313-2363)
G:\EngS,%•c\I30\2006\09-)006\091168 BO-15.doc j �—
LL:vz ATTESTED.C44- �G fi'd,C_al �'2 a�'�'G
cc: I Public Works- Construction
Current Planning,Community Development JOHN CULLEN Clerk of the Board of Supervisors and
T—July 122006
Shapcll Hom,es,A Division of Shapell Industries,Inc. County Administrator
100 N.Milpitas Blvd.
Milpitas,CA 95035
Attn:S.Worden and S.Savage
National Fire Insurance Company of I lartford
i2355 E.Camelback Road,Suite 500 By ,Deputy
Phoenix,A% 85016
Altn:Pamcla L.Stocks
I
I '
I I
I
RESOLUTION NO.2006/
I i
I
I �
I �
I
I
SUBJECT: Approving the Road Improvement Agreement for Dougherty Road, Road
Acceptance 04-01168 (cross-reference Subdivision 04-08856), being developed
by Shapell Homes, A Division of Shapell Industries, Inc., A Delaware Corp., San
Ramon (Dougherty Valley) area. (District III)
DATE: September 12, 2006
PAGE: 2
I. Cash Bond
Performance Amount: $90,900.00
Auditor's Dcposit Permit No. DP 468372 Date: August 3, 2006
Submitted by: Shapell Homes
Taxpayer identification-number: 95-2578030
I
I
II. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929 390 932 July 24, 2006
Performance Amount: $8,996,900.00
Labor&Materials Amount: $4,543,900.00
Principal: Shapell Homes,A Division of Shapell Industries,Inc.,A Delaware Corp.
I
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
I
All deposit permits are on file with the Public Works Department.
I
RE.SOL l:'TIO,N NO. ?006/ ✓°",3
i
I
. I I
I
IZOADINIPROVEMF.NTAGRHMFNT 12 /0
I
Developer: Shapell Homes,a Division of Shapell Industries;Inc.,a Effective Date: 6
Delaware Corp.
Completion Period: 2 years
Development: RA 04-1168(x-ref SUB 8856)
I
Road: Dougherty Road(Southern Half)
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
I
CONTRA COSTA�COUNTY I DEVEL ,
Maurice M.Shiu, Public Works Director
l \
By: 70P
I (prim nanx&tine
nie i e ann, Asst. Sec.
RECOMMENDED FOR APPROVAL
I 1
By: I (signauwe)
Engineerin vices IVISIo (prim name&title)
Robert D. Moore, Asst. VP
FORM APPROVED: Victor J. Westman,County Counsel l
i (NOTE: All signatures to be acknowledged. If Subdivider is incoipoiatcd,signatures mist
confonn with the designated representative groups pursuant to Corporations Code 5313.)
I
1. PA RTiES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Developer,
mutually promise aiid agree as follows concerning this development:
I
2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire
hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in(he improvement plans for this developnmcnt as reviewed and on
111c with the ContralCosta County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
� I
Developer shall complete said work and improvements (hereinafter called "work") within the above completion period from date hereof in a good
workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter requirenments shall govern.
I i
3. iMPIZOVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
I
A. For Perf'ornmance and Guarantee: $90,900.00 cash,plus additional security,in the amount of$8,996,900.00 which together total one hundred
percent(100%)of'!the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
XX Acceptable corporate surety bond.
i Acceptable irrevocable letter of credit.
I
With this security, the Developer guarantees performance under this Agreement and maintenance of the work 1'or one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. I For Pa ny ment: Security in the amount of$!4,543,900.00, which is fifty percent(50%) of the estimated cost of the work. Such security is
presented in the fornm of.
� I
Cash,certified check,or cashier's check
XX Acceptable corporate surety bonds
Acceptable irrevocable letter of credit.
� I
With flits 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 anmount securities
may be reduced in' accordance with 5944.406 and S94-4.408 if the Ordinance Code.
4. GUARANTEE AND WAIZRAN-rY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfactorily for a period of one-year from and after thelBoard 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.
I
� I
I
I
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system.
i
I
5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment iwork 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 allier
the Board of Supervisors accepts the work as complete.
G. 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 orduring
the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the
work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee
of the County indicating the work or any pats 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 terns and conditions hercof.
8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. I The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,
off iters,agents,and employees.
B. The liahilities 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 cousin Ig iabiliit arc 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;
I
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indenmitee has prepared,
supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of'these matters,or that the
alleged damage resulted partly form any negligent or willful misconduct of any indemnity.
9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or
fails to maintain the work,the County may proceed to complete and!or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges
incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to
complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developersubscqucntly
conmpletes tlme work.
Shquld County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay
all attorneys fees,and all other expenses of'litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
H. INC;ORI'ORA'I'ION/ANNEXA_I'ION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory
incoiporatcd as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be
transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms ofthis agreement
as though DevIeloper had contracted with the city originally.
12. CONSIDERATION. in consideration hercof:
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the road(s)into.the County-maintained road system,atter the improvements are complete.
Other(requires County Counsel approval
i
IZL:kw
UPWS4'SIIARDATA`dirpData\EngSvc\FornuWG WORMAG-24.doc
Rev.March 21,2006
i
I
I
i
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
I
i
State of California
i
County of Santa Clara
On July 25,2006, before me, Janice T. Kruse,Notary Public personally appeared
Robert A Moore and Bonnie Rice Mann,known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same
in her authorized capacity, and that by her signature on the instrument, the person or the
entity upon behalf of which the person acted, executed the instrument.
I
i
uw1cE r.KtusE WITNESS my hand and official seal.
commission#1597428
Notary Public-California _
Santa Clara County
41&MvComm.gxpbwAug24,2Wq Sign ture of Notary Public
i
Optional Information
i
I '
Title or Type of Document: Road Improvement Agreement RA04-1168, Tract 8856
i
i
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries, Inc.
i
i
i
I
I
I
I
I
i
+-.c"•
r
TO THE TREASURER
,
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
gam a ion)
(For Cash Collection Procedures See County Administrator's Bulletin'
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
j ACCT
$
Sales Tax 100300 0637 14.1
I
Sales of Prints 004530 9931 REV 6GO085 135.:
i
Sale of Prints j 6AO026 31.!
I
Sale of Plans & Specs 004500 6AO196 10.1
I
Premium Billing 000651 9105 1 6LO85C 384.
RA 04-01166 Ext Agmt 9660 6LO76B 250.
I
RA 00-01106 Ext Agmt 400.
Hydrology Consult I 007505 9895 6F8275 270.
I
RA 04-01168 Light Fee 007475 1,200.
I
Monument Ck FEE 000651 9660 REV 6LO81D 600.
MZ DA 87 007585 9140 681.
MZ DA 40 A I I 007565 217.
MZ DA 72 007544 918.
MZ DA 47 I 007597 4,315.
II MZ DA 57 I I 007538 1,959.
i
LP 05-02024 BA 29507 003520 19660 REV 5B0029 28.
I TOTAL $
Acctng: 131202779-131202799 DEPOSIT 329,414.
Deposit consists of the following items
Eng Svcs: G1202607-G1202313
P�,.. COIN and CURRENCY $ 107
Records: G1202312-G1202325-Void G1202321 CHECKS;M.O.,ETC. $ 329,307.
Invoices: 912237,912246,912253,912256,912260,912267,912086,911083 BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
911321, 912023,912172,911592, BA'S 29507, 31448, 10152, 30618, DEPOSIT 3 7Z
I PERMIT Cl l DP
NUMBER
DATE
ASSIGNED
The amount of moneyjdescribed above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.
i
i deposit into the County Treasury
Signed: _1 'i:i.i'1`.Date
� �;- �. •��r_.. �,:
!I t Signed:' t: Signed:
Deputy County Auditor Deoul County Treasurer
D-34 Rev.(7-9
i
-
"
C:�i-
- •.tis
t
14,.x...a.rf-�...••s :vi,:..- .c�-:, .., .-. :;:r,'•/xK--a'''•' >.lq' �Z
_
-3b.,.rcl.',•:�w;^;�7F'X:,'�'c:'�•r aL� ,.:; .:i:i�F:�.�{Yi?�.'-:tr: '';a �,'•, Sa !F- ,•?• .'�
,.l'O"•THC';-l.f2EASVf2t M'"'.-:" S'i _
- .,
•K:
. yl'ir ..j:. Vi
(.•,µf. ': ':',�` � _y..
Public Works ORGANIZATION NOMBER`
(For Cash Collection Procedures See County Administrator's Bulletin
DESCRIPTION FUND/ORG SUB TASK JOPTION ACTIVITY AMOUNT
ACCT
i $
TP05-00072 BA 31448 003520 9660 REV 5BO51X 9.'
EL05-20810 BA 10152 000651 61_081F 72.,
6LO82D 937.
57
DP88-03007 BA 10152 61_001if 517.
1 I 5BO48D 884.
i
LP05-02062 BA 30618 003520 5BO27B 31.
I
INV 912086 ES05-20525 000651 6LO81E 35.
i
6LO82C 100.
INV 911083,911321, 912023 007519 2479 SAS 6X7999 62,403.
I
Inv 912172 i 000651 19105 REV 6LO82E 2,862.
UPS Reimb 004530 2103 SAS 930SAS 16.
INV 911592 j 000672 9755 REV 682615 649
Trust Fund I 000634 9752 134
000638 265
829100 0800 6,678
819800 90,900
EXPLANATION: TOTAL $
DEPOSIT
C.C.: Deposit consists of the following items
i'
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP ''
NUMBER
DATE /•: : /'
ASSIGNED
The amount of money described above is for Treasurer's roce)pt of above amount is Receipt of above amount is hereby acknowledged.
deposit into the County Treasury
Signed:'' fit` Date
Signed: .::..c ! 4. Signed: y
Depul• Couniv.Audilcr Deputy Couniv"rreasuier
D-34 Rev.(7-93)
I
i
:...:... :.
k s
�F
R-
.. ..::[.,.,-.::.. ..... ..P 4;..,�.ice• .. i�' +'ti't'>''. *:ti''�.:+'
_IVED FROM
y.. nsi
Public Works ORGANIZATION NUMBER 650
I
(For Cash Collection Procedures See County Administrator's Bulletin 105.)
DESCRIPTIi N FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
I $
.t Fund 000649 9665 151,500.00
I
I .
i
I
I •
I
I
I
I
I
i
i
I
i
i
� I
_ANATION: TOTAL $
DEPOSIT
I
Deposit consists of the following items
COIN and CURRENCY $
I
CHECKS,M.O., ETC. $
I '
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT -,
PERMIT DP 14
I
NUMBER
DATE
ASSIGNED
iouN o`money described above is'for Treasurer's rece;pl of above amount is approved. Rcceipl of above amount is hereby acknowledged.
deposit into the County Treasury
Date
Signed:.: r? t Signed:
! !, ExT.!•�• — 7 -f D.p.W Count Auditor Deputy Couray Treasurer
Rev.(7-93) _i.
r
I
I
i
I
.t. t
r
.i.
t
81
9fO�90Ci'
G1202Ci09 . .00!:,;12.A:•s:04 :oiics °;'•casr, •go�a.,:us►,�' '���
80Q: $ � -
y=.`i.tas:°'CA.'9503
omen 100 North Milpitas Bf p :...�,..._:..... . ; ; �'.>
j Road . :
0649-9665/` 112300: 61202610, $150 000.00, RA 04-01168, yF y
Acceptance Inspection, , Shapell Homes, 100 North Milpitas Blvd., Milpitas,
CA 95035
0649-9665/ 112300: G1202611, $1,5.00.00, Sub 9054, Map Check, w}`'
94801
M.Central, LLC, 385 Pittsburg, Ave, Richmond, CA i ,z
I t :
N. Richmond AOB, Release Hold, ;
0634-9752 ! X123400: G1202797, $134 00, .,;
A 94806-1211
B&R Gensis, 359 Jennifer Dr., San Pablo, CI r:
Release Hold
0638-9752 / 124300: 61202798, $
265.'Q0, So. WC AOB, -
2460 Warren`Rd., WC, Curtis Tenor 140:2 Dewing Ln,, Walnut Creek, CA .
94595
829100-0800: 61202799, $6.678.00, RTDIM ECCRFFA R582 Release Hold,
Antioch; CA 94531
Pat Don Rodgers, 4828 Valley Way, ::.'.,•
l I
II ;
j I i
I r
I
4 � '
II
I i
r '
i
I
I
I
Bond No.: 929 390 932
i
Development: RA 04-01168 (x-ref SUB8856)
Premium: $67,477.00
Gale Ranch, Phase IV
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1,
RE,CIITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on, or along RA 04-01168 (x-ref SUB8856) to complete said work
within the time specified for completion in the Road hnprovement Agreement,all in accordance with State
and local laws and rulings.
2. OBLIGATION: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. ,
as Principal and National Fire Insurance Company of Hartford , a corporation
organized under the laws of the State of IL and authorized to transact surety
business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
A. Performance: Eight Million Nine Hundred Ninety-Six Thousand Nine Hundred and 00/100
Dollars ($ 8,996,900.00 ) for itself or any city assignee under the above County Road
Improvement Agreement, plus
B. Payment: Four Million Five Hundred Forty Three Thousand Nine Hundred and 00/100
Dollars ($ 4,543,550.00 )to secure the claims to which reference is made in Title 15 §§
et seq. of the Civil Code of the'State of California.
I
3. CONQIITION:
I
A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal,
or principal's heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided on it or its part, to be kept and
performed at the time and in the manner therein specified and in all respects according to their true
j intent and meaning and shall indemnify and save hannless 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 frill force and effect.
I
i
I
I
I
i I
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred
iby the County of Contra Costa or city assignee, in successfully enforcing such obligation, all to be
taxed as costs and included inlany judgement rendered.
i
B. The condition of this obligation, as to Section (2.B.) above, is such that said Principal and the
iundersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished, labor of
any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or
labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact
amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by
the County of Contra Costa oricity assignee,in successfully enforcing such obligation,to be awarded
and fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered.
I
It is hereby expressly stipulatbd and agreed that this bond shall inure to the benefit of any and all
persons,companies andcorporations entitled to file claims under Title 15(conn fencing with Section
3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the work under the conditions of this bond be fully performed, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed
i to by the Principal and the County shall relieve the Surety from liability on this bond and consent is
hereby given to make such alteration without further notice to or consent by the Surety and the
Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED:
The undersigned executed this document on July 24, 2006
Shapell Homes, a Division of Shapell Industries,
PRINCIPAL: Inc., a Delaware Corporation SURETY: National Fire Insurance Company of Hartford
Address: 1100 N. Milpitas_Blvd. Address: 2355 E. Camelback Road, Suite 500
I
City: llp tas, CA 950 5 C' o AZ 8c5�016
B �6w V`-- B Q v5 , rte
By:
Print Name: I C Maw)
Print Name: Pamela L. Stocks
Title: Asst S Title: Attorney-in-Fact
i
By: -
Print Name: /n
4We`el
I
Title: .! Asst. V.P.
GAGr1,DatAEngSvc\l--onnsVIN WORMBN-9.doc
Rey:`:July.19,20061
I •:
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
I
On July 25,2006, before me, Janice T. Kruse, Notary Public personally appeared
Robert D. Moore and Bonnie Rice Mann,known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same
in her authorized capacity, and that by her signature on the instrument, the person or the
eritity upon behalf of which the person acted, executed the instrument.
JANICE t KeusE WITNESS my hand and official seal.
Commission#1597428 n
z �n
-e Notary Publk---California > 1 I
Santa Clara County ✓�
My Comm.ExpirwAug24,2009 Signa ure of Notary Public
Optional Information
i .
Title or Type of Document: Improvement Bond - 929390932, Tract 8856
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries,Inc.
'i
I '
I
i
i
i
i
r I
POWER OF ATTCOEY APPOINTING INDIVIDUAL ATTOPf Y-IN-FACT
Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an
Illinois corporation,and American Casualty Company of Reading,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,Gina O'Shea,Individually .
of Sherman Oaks,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-
I
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 Attomey is made.and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly
by adopted,as indicated, y the Boards f 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 1IOth day of March,2006.
C'Ast��ry %14R4oft Continental Casualty Company
National Fire Insurance Company of Hartford
' ooFWOMTe �t�ana+arEo American Casualty Company of Reading,Pennsylvania
Z s JULY n.
0 INN �4
1897 NA %r •
Thomas P. Stillman Senior Vice President
I
State of Illinois,County of Cook,ss:
On this 10th day of March,2006,before me personally came Thomas P.Stillman 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,an Illinois 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'
MARIA M.MEOW /7
� i MY Comrtiuiai.Eapi••7/1610 i ✓ 1'/,jA`
My Commission Expires March 15,2009 Maria M.Medina Notary Public
CERTIFICATE
1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of .
Hartford,an Illinois 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
prir%(e¢oq the reverse;hereof i4 still in force. In testimony whe H LLhave.hereunto subscribed my name and affixed the seal of the said corporations this
L t day of July ,
I
oAsu4�r 1N4R4 Continental Casualty Company
06 National Fire Insurance Company of Hartford
GWORAre q*9W0+4t�� American Casualty Company of Reading,Pennsylvania
o S JUIN I. .
v SEAL �.
1897 11Ae� a
Mary A.qikai@kis Assistant Secretary
Form 176853-1112001
I
i
0
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. I
I "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 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 attomey-in-fact."
This Power of Attomey 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.
i
"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:
I i
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.
I �
"Article VI--Execution of Obligations and Appointment of Attorney-In-Fact
Section 21 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."
i
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.
I �
"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 ands 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."
i
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant1to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
i
"Article VII'Execution of Documents
Section I3. Appointment of Attorney-in-Fact. The'Chairman of the Board of Directors, the President of any Executive or Senior 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,
undertakingsland 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 Vice President or the Board of Directors,-may,at any time,
revoke all power and authority previously given to any attorney-in-fact."
i
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 mei ting duly called and held on the 17'h day of iFebruary, 1993.
."RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the
Corporationlmay 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 Iany 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."
i.
i
State of California
Co I my of Los Angeles
On July 24, 2006 before me. Sandy Hanner- Notary Public
Oate NAME. TITLE OF OFFICER.. -JANE OOE. NOTARY PUBLIC'
personally appeared
Pamela L. Stocks
NAME(S)OF SIGNER(S)
I
I
( x ) personally known to me - OR - (_) proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/*4 subscribed to the within instrument and acknowledged to me that
ke/she/tit executed the same in,,bis/her/ftelr authorized capacity(iles), and that by hiodher/W*u
signatures) on the instrument the;person(3), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS y hand and offi ' al.
I
SANDY KAftMER
_ CommWbn N 1672602
-� Notary Pubic -CaSfomb / SIGNATURE OF NOTARY
Los AnAew County;
COMM.Emm'w�'2010 OPTIONAL
i
Though the data below is not required by law, it may prove valuable to persons relying on the documen
And could prevent fraudulent reattachment of this form.
I
I CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
(_) INDIVIDUAL
(_) CORPORATE OFFICER
I
i
TITLE(S) TITLE OR TYPE OF DOCUMENT
I(_)
PARTNER(S) (_) LIMITED
(-) GENERAL
NUMBER OF PAGES
I( x ATTORNEY IN-FACT
(_) TRUSTEE(S)
I(_) GUARDIAN/CONSERVATOR
j(_) OTHER
DATE OF DOCUMENT
I
I
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
G-107426.9
i
i
i
i
i
i
I
I
I
CNA SURETY Gale Ranch, Phase IV
RA 04-01168 (x-ref SUB 8856)
i
INCREASE - DECREASE RIDER
I
I '
TO BE ATTACHED TO and form part;of Bond Number—_ 929 390 932 issued by the
National_Fire Insurance Company of Hartford _ as
Surety, on behalf of Shapell Homes;a Division of Shapell Industries, Inc., a Delaware Corp. _—of
Milpitas, CA _ _ _. hereinafter referred
to as the Principal,and in favor of County of Contra Costa _
I
of —Martinez. CA — , hereinafter
referred to as the Obligee, effective the 24th day of July 2006.
I
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the __ 24th day of July 2006 and.
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby ''INCREASED''� _ from the sum of
;Eight Million Nine Hundred Ninety Six Thousand Nine Hundred Noll 00(Performance) $8,996,900.00(Performance))
;FourMillion Five Hundre�J_Forty Three Thousand Five Hundred Fifty No/100(Pavmeni)__ Dollars ($4,5_4.3, 0 QO-(Payment)),t0 the
Eight Million Nine Hundred Ninety Six Thousand Nine Hundred Noll 00(Performance) ($8,996,900.00(Performance))
Isum of F9urMillionfwB-HundredForty-Thm Thousand_Nine Hundred No/100(Payments. Dollars ($4.543.900.00(Payment) ).
I
I
IT IS FURTHER UNDERSTOOD ;and agreed that subject to all the terms, conditions and limitations of the
attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the
Eight Million Nine Hundred Ninety Six Thousand Nine Hundred Noll 00(Performance) ($8,996,900.00(Performance))
i sum of EQuLMillieriFiyeHundred Forty Three Thousand Five Hundred_Fi.fty No a-Payment)Dollars ($4,543.550.00(Payment)),
i
or for any loss occurring subsequent to said date shall not exceed the sum of
Eight Million Nine Hundred Ninety Six Thousand Nine Hundred Noll 00(Performance) ($8,996,900.00(Performance))
Four MilliaoFjvQ-Hun&ed_Fortyshree_Thousand_Nine-Hundred.Noll 00(Paym.e* __._ Dollars ($4 45 3 900.00(Pavmeni)).
I
i In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it
being the intent hereof to preclude cumulative liability.
I SIGNED, SEALED AND DATED this 81h day of September, 2006
Accepted By: Shapell Homes, a Division of Shapell Industries, Inc.,
A Delaware orp.
(Principal)
I
BY --- ------ BY -. _..- ----- (Seal).
I
en , sst. Sec.
14,By _" _. (Seal)
Ly V-
Robert D. Moore, Asst. V.P.
a lon ire Insurance Company of Hartford
— ---
�(Surety)
Form F4763
4`= (Seal)
Pamela L. Stocks, Attorney-in-Fact
I
........ . ..... ..... ...
4
I 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,an
Illinois corporation,and American Casualty.Company of Reading,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 sl als herein affixed hereby make,constitute and appoint
Pamela L-Stocks,Beverly A Hall,Sandra V Harmer,Gina O'Shea,Individually
of Sherman Oaks,CA,their true and lawful Alto mey(s)-.in-Fact with fill]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 Atl omey,pursuant to the authority hereby given is hereby ratified and confirmed.
I
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 14th day of February,2006.
�°AsugZr INSURgt o�var+rpp Continental Casualty Company
e� -.1kc National Fire Insurance Company of Hartford
2 roRPORAI a °� _ +� ; 002liOR0,to American Casualty Company of Reading,Pennsylvania
Z ' D o ♦ s JULY 71. S .
°J
SEAff
LI Z y 11� 1902 aT
O
leg HARO b • d�
i
IThomas P. Stillman Senior Vice President
State of Illinois,County of Cook,ss:
On thin 14th day of February,2006,before me personally came Thomas P. Stillman to me known,who,being by me duly swom,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,an Illinois 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.
••••••000eeeeeeeeeeeee•,
"OFFICIAL SEAL' ;
MARIA M.MEDINA
• Notary mission State of is •: �� �
� My Commission Expires 3/16//15/08
My Commission Expires March 15,2009 Maria M. Medina Notary Public
i
i
CERTIFICATE
I,Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,an Illinois 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�thc reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
8th; day of September 2006 .
°AS: _P � ° 3 �oMvpNro<T4f,C C
Continental Casualty Company
y
r_v 4. %NSUR4*
6ORPO0 National Fire Insurance Company of Hartford
RAre O NCCRPDRg
American Casualty Company of Reading,Pennsylvania
Z
b JULY 71. _
J SEAL s T=9 1902
7897 HARZF y • dna
Mary A. R ika kis Assistant Secretary
FormF6853-i l/2001
i
State of
California
County of Los Angeles
September 8, 2006 Sandy Hanner- Notary Public
I
n p �before me,
. Date NAME, TITLE OF OFFICER.. 'JANE DOE. NOTARY PUBLIC'
personally appeared Pamela L. Stocks
NAME(S) OF SIGNER(S)
I
(x) personally known to me — OR — ( ) proved to me on the basis of satisfactory evidence to be
the person(s) whose name(a) is/am subscribed to the within instrument and acknowledged to me that
he/she/tit executed the same;In alis/her/ttxeir authorized capacity0 es), and that by bawher/t�tl'@#
signature(s) on the instrument the person(t), or the entity upon behalf of which the person(a) acted, .
executed the instrument.
sANOY tER WITNE my hand and ial seal.
Corrcrawn# 1672602
Notary Public -CCOOM10
Los Angeles Caines / SIGN TURE OF NOTARY
Le
illy Comm.Eu pkn.W 2,2010
OPTIONAL
jThough the data below is not required by law, it may prove valuable to persons relying on the documen
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT.
(_} INDIVIDUAL
(_) CORPORATE OFFICER
I
TITLE(S) TITLE OR TYPE OF DOCUMENT
j (+) PARTNER(S) ;(_) LIMITED
(_) GENERAL
NUMBER OF PAGES
( x ) ATTORNEY-IN-FACT
(_) TRUSTEE(S)
GUARDIAN/CONSERVATOR
(_) OTHER
j DATE OF DOCUMENT
I
SIGNER IS REPRESENTING::
NAME OF PERSON(S) OR ENTITY(IES)
I National Fire Insurance Company of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
G•107426.8
I
i
i
I
I
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT 1
State of California /
County of Santa Clara
On September 12, 2006, 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
yin their authorized capacities, and that by their signature on the instrument, the persons or
jthe entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.:
/ JANICE T.KRUSE
'•' Commission# 1597428 /
Notary Public-California
<< Santa Clara County
My Comm.Expires Aug 24,200 Sig aturc of Notary Public /
Optional Information >
Title or Type of Document: Increase Rider(RA04-01168,Tract 8856 - Gale Ranch
l Phase IV
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
>:>
Shapell Industries, Inc. .
z.
l.'
�C
a
i
.. ..: �\%. .�•%� ✓ter'.'..•:•V:^. v\'/.'V':♦ _✓.'\ Y :'Y:•r ✓ v :' //{/p//