HomeMy WebLinkAboutMINUTES - 08142007 - C.10 TO: BOARD OF SUPERVISORS `�'=` ;. Contra
fes.•=` :
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa
C
DATE: August 14, 2007 '� '�,..���`
� - CountY
SUBJECT: Approve Subdivision Agreement(Right-of-Way Landscaping) for Subdivision 04-08941, being
developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville
area. (District III)
SPECII-IC REQUEST(S)OR RECOMMEN DA'I'ION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2007/ 14rPfor Subdivision 04-08941, approving Subdivision Agreement (Right-of.-
Way Landscaping), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a
Delaware Corp., Danville area. (District 1.11)
FISCAL IMPACT:
None.
BACKGROUND/R.EASON(S) FOR RECOMMENDATION(S):
The Subdivision Agreement (Right-of-Way Landscaping) has been reviewed and processed by Public Works
staff and meets all applicable conditions of approval regarding landscape improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Subdivision Agreement(Right-of-Way Landscaping)will not be approved.
Continued on Attachment: >/ SIGNATURE:
COMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE o
:Z C PROVETHER
r ,
SIGNATURES : %
2=gg�a
ACTION OF B06P ON ZV APPROVED AS RECOMMENDED OTHER
v ,T F SUPERVISORS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT�D `�) copy of an action taken and entered on the
'AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
BB:vz
G:\EngSvc\BO\2007\08-1 a\BO-16 SD 04-8941.doc
Originator: Public Works(ES)
Contact: T.Rie(313-2363) ATTESTED:
cc: Public Works- Construction
Current Planning,Community Development JOHN CULLEN,6erk of the Board of
Jane 14,2009(P1)
Shapell Homes Supervisors and County Administrator
Shape]]
100 North Milpitas Blvd
Milpitas,CA 95035
Attn:Sam Wordcn,Steve Savage and Jim Gold
Liberty Mutual Insurance Company
505 S.Main Street,Suite 830 By , Deputy
Orange,CA 92868
Attn:Pamela Stocks
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 14, 2007 by the following vote:
AYES: Gioia,Uilkema, Bonilla,Glover and Piepho
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2007/
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision
04-08941, being developed by Shapell Homes, a Division of Shapell Industries,
Inc., a Delaware Corp., Danville area. (District III)
These improvements are approximately located near Camino Tassajara and Lusitano
Street.
The following document was presented for Board approval this date for Subdivision 04-
08941, located in the Danville area.
A Subdivision Agreement (Right-of-Way Landscaping) with Shapell Homes, a Division
of Shapell Industries, Inc., a Delaware Corp., developer, whereby said developer agrees to
complete all improvements as required in said Subdivision Agreement (Right-of-Way
Landscaping) within two years from the date of said agreement. Improvements generally consist
of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right-of-way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $1,000.00
Deposit made by: Shapell Homes
Auditor's Deposit Permit No. and Date: 481661 April 17, 2007
13B:vz I hereby certify that this is a true and correct copy of an
G:IEngSvc'tB0\-)007108-141DO-16 SD 04-8941.doc
Originator: Public Wurks(ES) action taken and entered on the minutes of the Board of
Contact: T.Rie(313-2363) Supervisors on the date shown.
cc: Pnh1iC Works- C01utruction
Current Planning,Community Development
T -Atne 14,2009(P1) ATTESTED:
ShupelI I Irnnes
100 North Milpitas Blvd JOHN CULLEN,Clerk9f the Board of Supervisors and
Milpitas,CA 95035 County Administrator
Attn:Sam Worden,Steve Savage and Jim Gold
Liberty Mutual insurance Company
SOS S Main.Street,Suite 830
Orange,CA 92868
Attn:Pannela Stocks By L-- Deputy
RESOLUTION NO.2007/
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision
04-08941, being developed by Shapell Homes, a Division of Shapell Industries,
Inc., a Delaware Corp., Danville area. (District III)
DATE: August 14, 2007
PAGE: 2
Il. Surety Bond
Bond Company: Liberty Mutual Insurance Company
Bond Number and Date: 024022271 March 27, 2007
Performance Amount: $41,000.00
Labor&Materials Amount: $21,000.00
Principal: Shapell Homes, a Division of Shapell bldustries, Inc., a Delaware
Corp.
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.
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463) .
Subdivision: SUB 04-08941 Effective Date:
Subdivider: Shapell Homes, a Division of Shapell Completion Period: 2 year
Industries. Inc.,A Delaware Corp.
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
Maurice M. Shiu, Public Works Director
10 By: f/V \�1N� (signature) r
(print name 8 tle)
RECOMMENDED FOR APPROVAL: ����
By: CA26h (signature)
Engineering Services DNisi n (print narneafie) �olr r �, �Acof-°— A---st. V •"?
FORM APPROVED: Victor J.Westman, County Counsel
(NOTE:All signatures to be acknowledged. If Subdivider Is Incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code§313.)
1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coun ;'and the
above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,
signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the
Improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and In conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date
hereof as required.by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in
accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $ 1.000.00 cash, plus additional security, in the amount of$ 41.000.00
which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented In the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable Irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 21.000.00 ,which is fifty percent(50%)of the estimated cost of the
work. Such security is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees paymentto the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-year from and afterthe 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 period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any
respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold.harrrrless and indemnify the indemnitees from the liabilities as defined in this section:
A. The inderrnitles,.benefittdd and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,offic— ers,,ageihts,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of
these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said
improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning
said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by
this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them:
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or thatthe alleged damage resulted partly form any negligent orwillful misconduct of
any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement,and
subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract,overhead,etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the
County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in
territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter
of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
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Rev.May 78,2005
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On March 29,3007, 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 same
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.
JANICE T.KRUSE WITNESS my hand and official seal.
Commission#1597428
-s Notary Public-California AD
Santa Clara County
My Comm.ExpimsAug24'200 Sigrture f Notary Public
Optional Information
Title or Type of Document: Subdivision Agreement 04-08941
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries,Inc.
�.'.'moi...," "\ ... ♦ .. ".ti V."^..:" 'v.
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT:.";>-
OFFICE OF COUNTY AUDITOR-CONTROLLER ,
MARTINEZ,.CALIFORNIA
TO THE TREASURER:
RECEIVED FROM _
Public Works ORGANIZATION NUMBER 650
(urganizavonj
(For Cash Collection Procedures.See County Administrators 8ulietin 105.)
DESCRIPTION 'FUND/ORG SUB' TASK OPTION ACTIVITY `AMOUNT
ACCT .
Sales Tax 10000-10637' ' :22:30:'.
Sale of,Prints 004500 9931.. REV 6A0196
Corner Records 000651" 9660 6LO88D 50:00
Install Condlut IMM2huel Baptist 004660• .9755 6X4374 5;000:00.:
Ind 907876 DAVI 0.00672.. . 6U2600 50:0:0
Ind.950.595. Ratliff. `0'04.527:''231:0 927S 4S
BW.RTDIM,FEES 2107 .007983'` 9596 587;144:82.`
DA'88'FEES 011161=040-020 007586:'9140
DA.40 A:FEES APN37&155=001.. 00:7565. . 63:84,
DA 72 FEES APN 164=205-022 0075441
DA 67.FEES 007538 600:00:;.
DA FEES 007597 5,028;95
DA FEES 007585 .563,:56`.
DA 72 FEES 007544 a 1;46:40
SD.06-09019 BASE MAP FEE 001600. 9606 3;850.:00:
MONUMENT F.EE. 000651. 9660. REV 6L081D 1;080:00 .
Explanation.: TOTAL $
ENG SVC: 01221229-131221252 VOIDS 01221245-G122124 DEPOSIT .5,408,01 614
Deposit consists of the following items
ACCT: G1221422-G1221432 COIN and CURRENCY 5 56.00
IN.VOICES:907876,950595 CHECKS,M.O.,ETC. $ 5,407,960:74
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUBDAME ER 01 A,r,I APIR 17 TT
ASSIGNED
The amount of money described above is for reasurer's receipt of above amount is Receipt of-above amount is�khowledged.
deposit into the County Treasury 1
t
tfDate f� l f l f ��
Signed: r Signed: .
Title: Acct:CIL Adv EXT.3-2344111? t'`n Deputy County Auditor Deputy county Treasurer
D-34 7-9
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT '
OFFICE OF COUNTY AUDITOR CONTROLLER
MARTINEZ, CALIFORNIA
:L
TO THE TREASURER:
RECEIVED'FROM
Public Works ORGANIZATION NUMBER .650
t do
(For Cash Collection Procedures See County'A'dministrator's Bulletin 105.).
DESCRIPTION FUND/ORG ''SUB"`' ''TASK- "OPTION ACTIVITY AMOUNT-
ACCT.
$
SD06=09019„ LIGHT FEE ... . 007475. 9895. .5601!00.;
BW RTDIRFEES-.CIFP2006.-1.... . 007988,. .95.96.
TRUST'FUND 00084949665. 11'6;700:00:`
819800 0800 19;100'.00:-
Explanation: TOTAL $
DEPOSIT.
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP ClI UJB
NUMBER 4-1
/1 /
DATE �/
` ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Recotpt'6f above amount is hereb acknowledged.
.-1 deposit into the County Treasury � i
S?gned 4'� ri.,( �` JADate`G 1 t J Jf nl i
Signed: � ned:
Title:Acct. Clk.Adv EXT.3-23441`''', Deputy of r ' r Deputy County Treasurer
D-34 Rev,(7-93)
0649-9665 /112300: 61221229, $30,400.00, RA 04-01159, Landscape
Inspection, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
0649-9665 /112300: 61221232, $3,400.00, RA 04-01160, Landscape
Inspection, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
0649-9665 /112300: G1221234, $3,900.00, SD04-08941, Landscape
Inspection, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
0649-9665 /112300: 61221236, $27,500.00, 5[)99-08381, Landscape
Inspection, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
0649-9665 /112300: 61221238, M. Central, LLC, 385 Pittsburg Ave.,
Richmond, CA 94801
$1,500.00, SD 06-9055, Map Check
$1,500.00, 50 06-9056, Map Check
0649-9665 /112300: G1221248, $48,500.00, 51) 06-09019, Inspection,
Centex Homes Bay Area, 2527 Camino Ramon, Suite 100, San Ramon, CA
94583
819800-0800: G1221230, $3,700.00, RA 04-01159, Cash Peformance Bond, ,
Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
819800-0800: &1221230, $1,000.00, RA 04-01160, Cash Peformance Bond,
Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
819800-0800: 61221233, $1,000.00, 5D 04-08941, Cash Peformance Bond,
Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
819800-0800: G1221235, $3,400.00, 51) 99-08381, Cash Peformance Bond,
Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
819800-0800: 61221248, $10,000.00 SD06-09019, Cash Peformance Bond,
Centex Homes Bay Area, 2527 Camino Ramon, Suite 100, San Ramon, CA
94583
Subdivision: SUB 04-08941
Bond No.: 024022271
Premium: $308.00
Alamo Creek
fiV1PROVEmr!,NT SECURITY BOND
I+:OIt PUBLIC RIGi-ri,OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(Califonlia Government Code Sections 66462 and 66463).
1. RPCPrAL OF SUBDiVISION AGRI?FiVIFNT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping,and other related improvements in SUB 04-08941
as specified in the Subdivision Agreement(Right of Way Landscaping),and to complete said work within
the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in
accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the
Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: `= Shapell I-Ionles, a Division of Shapell Industries, Inc., a Delaware Corp. , as
Principal,and Liberty Mutual Insurance Company ,acolporationorganized
existing under the laws of the State of MA and authorized to
transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs,
executors, administrators,successors, and assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: Forty One Thousand and 00/100 Dollars($ 41,000.00 )
for itself or any city assignee under the above County Subdivision Agreement, plus
B. Payment: Twenty 011e Thousand and 00/100 Dollars ($ 21,000.00 ) to secure the
claims to which reference is made in TiticXV(commencing with Section 3082)ofPart 4 ofDivision
III of the Civil Code of the State of California.
3. CONDITION: .
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
f OPrllicipal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to
—`��llid.pbi'de by, and well and tnrly keep and perform the covenants,conditions and provisions in the
s11M.`ng ecment and any alteration thereof made as therein provided,on is or its part,to be kept and
C:!.`"perf'6f fed:at the time and in the manner therein specified, and in all respects according to their true
C `Intent=ano'_meaning, and shall indenmify and save harmless the County of Contra Costa (or city
' :f".assn'need;its officers,agents and employees,as therein stipulated,then this obligation shall become
null'.and void; otherwise it shall be and remain in trill force and effect.
.,ie
I
i
As part of the obligation secured liereby and inaddition to the face amount speci fieri 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 andthe
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 perfonnancc 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(herein 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 1.5(commencing with Section
3082)ofPart 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
ill any suit brought upon this bond.
i
Should the condition of this bond be fully performed then this obligation shall become nullaud void,
otherwise it shall be and remain in full force and effect.
C. No atteration 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 itselfbound without regard
j to and independently of ally action against Principal whenever taken.
SiGNED AND SEALED on.. March 27,2007
i
Shape[[Homes,a Division of Shapell Industries,
PRINCIPAL: Inc.,a Delaware Corp. SURETY: Liberty Mutual Insurance Company
Address: 100 N.Milpitas Blvd. Address: 505 S.Main Street,Suite 830•,,
City: Milpitas, `CA Zi6: 95035 City: Orange, CA / Zi>'m g�gg
By: '/ W
Print Name: CX%L Print Name: Pamela L.Stock= _
Title: T��3Cr''�y • Title: Attomey-in-Fact
By:
PrilttNanle: �0 e_f j �py P"
Title:
i
RP\VSIlSlL11{llA"1)UGglDarallingtitdFonttis`llf�WORMWN-12A.doc .
Rev.luno 17.104
i
i
State of California
County of Los Angeles
On March 27 2007 before me, Beverly A.Hall-Notary Public
Oats 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(s) whose name(s) islim subscribed to the within instrument and acknowledged to me that
ke/she/tom( executed the same infra/her/ft'tr authorized capacity(bes), and that by Ift/herlthwir
signature(s) on the instrument the person(if), or the entity upon behalf of which the person(3r) acted,
executed the instrument.
BEVERLY A. HALL WIT SS my hand and official eal.
Commission N 1717909
Notary Public•Callfornta
d.4A J,A P
Los Angeles County SIGNATOR F NOTARY
Cantu.B g j n1 11 +
OPTIONAL
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.
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)
(—) GUARDIAN/CONSERVATOR
(_) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Liberty Mutual.Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE
G.107426-9
- � 1716849
THIS POWER-OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED:ON RED'::BACKGROUND_._
_
This Power Attorney limits the acts of.those named herein andahe have no author to:bind the Coni an excg tin the rnanneraridao
the extent herein stated.
Y tY P:. Y ?: .
LIBERTY MUTUAL INSURANCE t:OMPANY..'.
BOSTON;MASSACHUSETTS
POWER OF:ATTORNEY. -
KNOW ALL.PERSONS BY.THESE PRESENTS:..That Liberty
Mutual Insurance,Company (the Company) c`Massachusetts stock insurance
company,pursuant to:and.by authority.of the By-law and Authorization hereinafter set forth,does.hereby name;constitute and appoint
PAMELA L.STOCKS;BEVERLY A..HALL;SANDRA V HANNER;GINA O'SHEA<ALL OF THE CITY OF:SHERMAN;OAKS,
STATE OF CALIFORNIA
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each individually if there be more than one named;.:its true and lawful attorney-in fact to make execute deal;acknowledge:and'deliver,for and on;its
behalf as Buret and as its act.and`deed;any and all undertakings bonds recognaances:and other surety:-obliggations m the periafsurn not exceeding
yy �.*...«............. DOLLARS($ 50;000, 00.00"'*`"
FIFTY:MILLION AND:00/100 S)each,and the
execution of.such undertakings, bonds;.recognizances and".other surety obligations,-in:pursuance of these presents shall tie as.binding.upon the
-- Company as if.they had been duly signed by the president and:attested by the secretary of:the Company m.their own:proper persons That this power:is made and executed pursuant to and by authority of thefollowing By law and Authonzation -
-.
ARTICLE XIII-Execution Contracts:Section 5.Surety Bonds and Undertakings - - - -
Any officer of the Company authorized for that purpose in writing by._the chairman or the president and subject to-such"limitationsas ef.
chairman.or the president maa
y prescribe,ahall ppoint such attorneysA fact as may be necessa.rylo:actin behalf.of the Company to-,
execute, seal, acknowledge and..deliver.as surety any and all undertakings; bonds'-recognizances and':other"surety obligations :Succi-:: :::'P .
attorneys-in-fact, subject to the limitations set forth in their respective powers-of attorney;shall have fulfpower to bind the Company_by;their
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O signature and execution of any.such instruments and to attaoli thereto the seal of.the Ccriipany :When so executed'such instruments shall•be ay)
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d as binding as if signed.by the.president and attested by ttie;secretary
c y By the following.instrument the chairman orthe president has authorized:the officer or other official named therein to appoint attorneys in fact cc
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C: Pursuant to Article XIII;Section 5.of the.By Laws,:Garnet W. Elliott,Assistant.Secretaryof LibertyMutual Insurance Company is.hereby
.: authorized to appoint such attorneys-in-fact:as may.be:necessaryao act in behalf of the::Companyto make:execute'_seal;:acknowledge and
'C deliver as surety any and all undertakings,:.bonds recognizances and other surety obligations - - O
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.0. That the By—law and.the Authorization set.forth above are true copies thereof and a-re now in full force and effect aW
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IN WITNESS WHEREOF.; this Power of Attorney has been subscribed-by an authorized`officer or-official of the Company and the corporate seal of S0
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting;_Pennsylvania this. 15th -day of ADnI �'
A? 2005
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LIBERTY-Ml INSURANCE COMPANY i a
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C - ti>/ Garnet W Elliott:Assistant Secretary '�:o
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d-,., COMMONWEALTH OF PENNSYLVANIA ss - Q
m COUNTY-OF MONTGOMERY
1`+� On this"15th day of April 2005 before me a Notary Public;.personally came Garnet W Ellwtt tome known and acknowledged a0i
O C that:he is an:AssistantSecreta of Liberty Mutual Insurance Com an ;that he.knows.the:seal=of=said cor oration;::and:that.he-_e_xecuted the above -
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O: Powerof Attorney and affixed the corporate seal of Liberty IM I Insurance Company thereto with the authority and at the direction of'said corporation.:;. .R
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.o � IN TESTIMONY WH r a unto subscribed m name and affixed rinotarial seal at PI mouth Meetin Penns Ivania on thelda and ear.
c first above written. ¢ ext o ,f4 `
COMMONWEALTH OF PENNSYLVANIA.- _ E.
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CERTIFICATE
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1,the undersigned,Assistant ecretary.of Liberty Mutual Insurance Company do Hereby certify that,the original power,of attorney of.which the foregoing
is a full;:true and:correct co "
py,is in full force.and effect on the date of certificate and.I`do further cerUfy.:that the-officer or .'I-who executed
said power of attorney is an Assistant Secretary specially autilorized.by the chairman or the president to appoint attorneys,in=fact as.provlded,m:Article
XIII;Section 5 of the By-laws of Liberty Mutual InsuranceCompany.This certificate:and the above power of attorney.may be signed by-facsimile or mechanically reproduced signatures'underand`by,autnority:.of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called-and held:on the::l2th day of March,1980
. .
V.OTED..that the facsimile or mechanically reproduced signature of any assistant secretary of.the,company, wherever appearing-upon a -
certified copy of:any power of attorney:issued by the corripany.in connection with surety_bonds shaA be valid and binding uponahe cornpany
with the.same force and effect asafiough.manually affixed .`:.::
IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the-corporate seal of the said company this day of
March 2007...
27th
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�/ - Daw M`:Carey Assfit Secretary':
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`> CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
23 On March 29,3007, 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 same
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 JANICf T.KRUSE WITNESS my hand and official seal.
Commission#1597426
QMNotary PublicCalifornia
Santo ClaraCounty
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