HomeMy WebLinkAboutMINUTES - 08142007 - C.6 E SE L
TO: BOARD OF SUPERVISORS �` Contra
FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR
Costa Q . (�
DATE: August 14, 2007
County
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 99-08306, for
project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware
Corp., San Ramon (Dougherty Valley) area. (District III)
SPECIFIC REQUES-r(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2007/,414 for Subdivision 99-08306, approving Subdivision Agreement (Right-of-
Way Landscaping), for project being developed by Shapell Homes, 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):
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: t/ SIGNATURE:
11 C
ECOMMENDATION OF COUNTY ADMINIST TOR
RECOMMENDATION OF BOARD COMMITTEE
/APPROVE OTHER
SIGNATURE (S): -
ACTION OF BD ON / •Zdo 7 APPROVED AS RECOMMENDED OTHER
voor• SUP7RVISORS ,/� I hereby certify that this is a true and correct
✓✓ UNANIMOUS(ABSENT ND77G-.' ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
1-13:vz
G:\1:ngSvc\BO\2007\08-14\BO-16 SD 99-8306.doc ATTESTED:
Originator: Public Works(1--S)
Contact: 1'.Rie(313-2363) JOHN CULLEN, Clellf of the Board of
cc: Public Works- Construction
Current Planning,Community Development Supervisors and County Administrator
T—June 7,2009(P 1)
Shapell I lomes
100 North Milpitas Blvd
Milpitas,CA 95035
Attn:Sam Warden,Jim Gold and Steve Savage By eputy
Liberty Mutual Insurance Company T�
505 S.Main Street,Suite 830
Orange,CA 92868
Attn:Gina O'Shea
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 14, 2007 by the following vote:
AYES:.___._Gioia,U_ilkema,_Bonilla,Glover and Piepho
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2007/ 1 7-
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision
99-08306, for project being developed by Shapell Homes, a Division of Shapell
Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District
III)
These improvements are approximately located near Bollinger Canyon Road and
Stoneloaf Road.
The following document was presented for Board approval this date for Subdivision 99-
08306, located in the San Ramon (Dougherty Valley) 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: $7,700.00
Deposit made by: Shapell Homes
Auditor's Deposit Permit No. and Date: 486154 July 5, 2007
La:vz I hereby certify that this is a true and correct copy of an
G:\EngSvc\BO\2007\08-14\130-16 SD 99-8306.doc
originator: Public Works(ES) action taken and entered on the minutes of the Board of
Contact: T.Ric(313-2363) Supervisors on the date shown.
cc: Public Works- Construction
Current Planning,Community Development r..
T—,lune 7,2009(P1) ATTESTED: ao-v
Shapell Flomes
100 North Milpitas Blvd JOHN CULLEN, Cler of the Board of Supervisors and
Milpitas,CA 95035 County Administrator
Attn:Sam Worden,Jim Gold and Stcve Savage
Liberty Mutual Insurance Company
SOS S.Main 5Suite 830 By , Deputy
Orange,CA 9286286 8
Attn:Gina O'Shea
RESOLUTION NO.2007/
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision
99-08306, for project being developed by Shapell Homes, a Division of Shapell
Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District
III)
DATE: August 14, 2007
PAGE: 2
1I. Surety .Bond
Bond Company: Liberty Mutual Insurance Company
Bond Number and Date: 024022285 June 15, 2007
Performance Amount: $761,000.00
Labor & Materials Amount: $384,350.00
Principal: Shapell Homes, a Division of Shapell Industries, 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 99-08306 Effective Date:
Subdivider: Shapell Homes, a division of Shapell Completion Period: 2 years
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 Direc
By: a � � W, (signature)8-4` /
(print name 1611e) P,Q*% Co%c_
RECOMMENDED FOR APPROVAL:
*L By: (signature)
Engineering Services ivision (print name 8 lie)
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 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: $7.700.00 cash, plus additional security, in the amount of $761.000.00
which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
XX Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 384.350.00 ,which is fifty percent(50%)of the estimated cost of the
work. Such security is presented in the form of:
Cash,certified check,or cashiers check
XX Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
famishing 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 after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and
other pest control and other work determined by the Public Works Department to be necessary to Insure establishment of plants.Said plant
establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any
respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or
acceptance of the whole or any part.of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
.s
A. ThL indemnities berrefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,`officers-,agents,and.employees.
B. �t.K is ill ie '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 actor omission(negligent or non-negligent)in connection with the matters covered by
this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent 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 18.2001
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` CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
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15 County of Santa Clara
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z> On June 20, 2007, 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.
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JANICE r.KRUSE WITNESS my hand and official seal.
Commission# 1597428 \
2> ,-® Notary Public-California
Santa Clara County
My Comm.Expires Aug 24,2009 Signature of Notary Public
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Optional Information
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z? Title or Type of Document: Subdivision Agreement- Landscape ROW - 99-08306
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Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
?� Shapell Industries, Inc.
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COUNTY OF CONTRA COSTA I
DEPOSIT PERMIT
OFFIQ F COUNTY AUDITOR-CONTROLLER l
MARTINEZ, CALIFORNIA
TO THE TREASURER:
RECEIVED FROM =�
(Public Works ORGANIZATION NUMBER 650
(For Cash Collection Procedures See County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
S
Sales Tax 100300 0637 20.76
Sale of Prints 004530 9931 REV 6GO085 1 13.50
Sale of Prints 16AO026 243.80
Premium Billing 000651 9105 1 6LO85C 304.00
MS 89-00008 ES Agmt Ext Fee 9660 I 6LO76B 221.40
DP06-03074 BA 33387 003520 5B0398 501.73
000651 I 6L0398 1,043.01
MS 0700001 BA 34208 003520 580034 93.06
210711730 BA 34438 I 56060C 291.21
TP0700009 BA 34445 513051 X 204.73
MSOS-00019 BA 29550 I ( 5130034 1,755.22
MS0500024 BA 30045 11 773.33
Z106-11497 BA 33167 15B060C 498.75
TP06-00039 BA 33225 I 5B051X 268.88
VR06 01069 BA 33313 5B044X 267.58
DPO6 03080 BA 33724 16B036X 133.33
Explanation: TOTAL $
ACCTNG: 131222632-131222650 8 G1222801-G1222827 DEPOSIT 199,777.39
Deposit consists of the following items
Records: G1221535-G1221536 COIN and CURRENCY $ 4.86
Eng Svcs: G1221710-G1221725 CHECKS,M.O., ETC. $ 199,772.53
Invoices: 912754, 912870, 912879, 912883, 912886,912891,912893,912894 BANK DEPOSITS $
912897, 912898,912903, BA'S 33387, 34208, 34438, 34445, 29550, 30045,33167 FOR AUDITOR-CONTROLLER USE ONLY
33225, 33313, 33724, 33918, 32217,33617,34474,32839, 23261,27571,28511 DEPOSIT
33412, 34067,26583, 14538,23383,27526,31232;15919, 30247, 34127, 152 PERMIT DP
33049, 34074, NUMBER -
DATE _ - - 7
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.
deposit into the County Treasury
.1 j klatle
Signe t Signed:
(Title: Acct. CIIC.Adv EXT. 3-2344 eputy County It Deputy County Treasurer
D-34 Rev.(7-93)
819800-0800: 61221711, $25,000.00, SD 04-08830, Cash Bond, DeNova
Homes, Inc., 333 Civic Dr, Pleasant Hill, CA 94523
819800-0800: 61221723, $7,700.00, SD 99-08306, Cash Bond, 5hapell
Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
819800-0800: 61221725, $1,.365.00, M589-00008, Cash Bond, Providence
Development Corp., 39 Quail Ct.,.Ste. 301, Walnut Creek, CA 94596
0649-9665 / 112300: 61221710, $5,401.60, RA 07-1240, Improvement Plan
Review, Discovery Builders, Inc., 4061 Port Chicago Hwy, Suite H, Concord,
CA 94520
0649-9665 / 112300: 61221712, $500.00, R53201, Record of. Survey
Review, Moran Engr, 1930 Shattuck Ave., Ste A, Berkeley, CA 94704
0649-9665 / 112300: G1221713, $500.00, R53205, Record of Survey
Review, Earl Hopkins, 361 Shady Glen Rd., Walnut Creek,CA 94704
0649-9665 / 112300: G1221714, $500.00, R53203, Record of Survey
Review, Nelda Champion, 1125 North Gate Rd., Walnut Creek, CA 94598
0649-9665 / 112300: G1221715, $250.00, R53202, Record of Survey
Review, Katie Bidstrup, 1075 Oak Hill Rd., Lafayette, CA 94549
0649-9665 / 112300: G1221716, $250.00, R53202, Record of Survey
Review, Robert D'Angelo, 1075 Oak Hill Rd., Lafayette, CA 94549
0649-9665 / 112300: G1221717, $500.00, R53204, Record of Survey
Review, Milani & Assoc, 4071 Port Chicago Hwy, Ste 100, Concord, CA 94520
0649-9665 / 112300: G1221718, $1,000.00, LP06-2040, Improvement Plan
Review, RHL Design Group, Inc., 1137 North McDowell Blvd., Petaluma, CA
94954
3ulxfivw..: SUB 99-8306
Bare.1.5.:_024022285
Rernium 55 jwo0
Any c4:m under rtJs Bond srmuld t-3 sent
!ot Lhe fotirring.address:
Liberty Mutual Insurance Co.
r5 C Main SfrPpf Rnilo Aon
IMPROVEMAENTSECURITY 80ND Orange,CA 92868
FOR SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Performance,Guarantee and Payment)
(Gov.Code,§§66499-66499.10)
1. RECITAL OF SUBDIVISION AGREEMENT. The Principal has executed an agreement with the County of Contra Costa(hereinafter'Countl j to irsWI and pay
for street,drainage gird other improvements in Subdivision 99-8306_as specified In the Subdivision Agreement,and to complete said work within the tirre specified for completion In
the&bdivision Agreement,all in accordance with State and local laws and Vings thereunder in order to satisfy conditions for Fling of the Final Map or Parcel Map for Bald subdivision.
Under the trims of the Subd!,&k)n Agreement,Principal is required to furnish a bond to secure the faithful performance of ft Subdivision Agreement end payment to laborers and
materialmen-
2. OBLIGATION. Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp. as Principal,and
Liberty Mutual Insurance Company ,a corporation organized and existing under the laws of he Stale of
MA and authorized to transad surety business in California,as Surely,hereby jointly and severally bind ourselves,our heirs,executors•
adminLstrators,successo••a and assigns to the County of Contra Costa,California to pay It
(A. Performanm and Guarantee) Seven Hundred Sixty One Thousand No/100"' Dollar(S 761,000.00"` )for itself or any ci.y
assignee under the abcve SubdivisionAgrcemenL
(S. Payment)Three Hundred Eighty Four Thousand Three Hundred Fifty No/100'Dbilars(S 384,350.00"' )to secure Ne claims to
•yhich reference is made h Title XIl(commencing with Section 3082)of Part 4 of Division 01 of the Civil Code of the State of California.
3. CONDITION. This obligation is subject to the following condition.
A. The condition of this obligation as to Section 2.(A)above is such that it the above bounded Principal,his or its heirs,executors,administrators,
successors or assigns,shafi in all things stand to and abide by,and vial and truly keep and perforin fie covenants,conditions and provision„In the said agreement and any alleraticn
thereof made as therein provided,on 1133 or their part to be kept and perfonned at the time and in the mariner therein specified,and in all respects according to their true intent and
meaning,and sitall bxfemnify and save harmless the County of Contra Costa(or city assignee),hs officers,agents and employees,as therein stiptdafed,then this obiigallon shall become
null and void;otherwise it shall be and remain in fu'f force and effect
As part of the obligation secured hereby and in addition to the face amount spec+Tied therefor,there shade be included costs and reasonable expenses and fees,
including reasonabM allomey's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,and to be laxed as costs and included in any
judgment rendered.
S. The condilJon of th!s obllgation,as to Section 2.(B)above,is such that said Principal arid the undersigned as corporate surety are held firmly bound
unto the Court;of Contra Costa and all contractors,subcanUwors,laborers,maleda`lnen and other persons employed in the performance of Me aforesaid Subdivision Agreement red
referred to in the aforesaid Civil Code for materials ir:mished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Ad will;respect!o this work or labor,
and that the Surety will pay the same in an amount not exceeding the amount hereinabare set forth,and also in case suit is brought upon this bond,will pay,in addition to Ilse face
amount thereof,costs and rowanabla expenses and fees,including reasonable attorneys fees,incurred by the County of Contra Costa(orcity 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 judgment IhereLi rendered.
It is hereby expressly stipulated and agreed that fhfs bond shall inure to the benefit of any grid all persons,companies,and corporations entiLed to file claims
under Title 1S(commencing;pith Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon itus 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 change,extension of time,atterauon.or addition to the terms of said Subdrrisfon Agreement or the vrork fa be performed ffierP,under or any plan
or specifications of said work,agreed to by the Principal and the County of Contra Costa(or city assignee)shall relieve any Surety from liability on this bond;and consent is hereby given
I
o make such change,extension of time,alteration or addition without further notice to or consent by Surety;and Suety hereby vrdives the provisions of Civil Code Section 2819 and
ticlus itself bound without regard to and independently of any action against the Principal whenever taken.
SIGNED AND SEALED on June 15, .2007
Shapell Homes,a Division of Shapell Industries, Inc.,
Principal a Delware Corporation Surety: Liberty Mutual Insurance Company
Address. .100 N.Milpitas Blvd. Address: 505 S.Main Street,Suite 830
Milpi s,C Zio: 95035 Orange,CA �Z3o: 92868
Print Name ' PrintNatne: Gina O'Shea
Tile: Title: Attomey-in-Fact
i
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=o.77r Approved b;CoWl CO:X'sts
[Rev 9031
HGF:a�1::t5at.4,Yc4stiane eal..•tt
State of California
County of Los Angeles
On
June me.
Il7e 15, 2007 Beverly A. Hall-Notary Public
Oate NAME. TITLE OF OFFICER.. 'JANE OOE. NOTARY PUBLIC'
personally appeared Gina O'Shea
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( is/am subscribed to the within instrument and acknowledged to me that
ke/she/tf( executed the same inks/her/t a*authorized capaciry(bes), and that by tim/herltWr
signature(s) on the instrument the person(I), or the entity upon behalf of which the persona) acted,
executed the instrument.
BEVERLY A. HAIL WITNESS my hand and official se I.
COMMIssion # 1717989
4s Notary Public -Collfornla
L03 Angeles County S1 TUR F NOTAft
Comm- Jan 16 2011
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
(�L)
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-107426-5
: :. :: ;:_ _::_..:
_ - _ 1' 16860
. . ,
.
-_: :... THIS POiNER OF:"ATTORNEX IS_NOT.VALID,UNLESS;IT:IS.PRINTED.ON RED BACKGROUND.-::.=- _ : : ;.. .:.
This Power of Attorney limits the acts o6h__
those named::herem,:arid they have r o:authority to.bind the Company except in the manner and.to'.
_::..."... the extent herein"stated. :. :..:.. ..:..: ..:.::.. ::.. .:.......: - _ - - - -
:........... . ......
. - .::LIBERT.Y:MUTUAL INSURANCE'COMPANY --:::::::
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WER.OF=ATTORNEY :: :
: :. ... KNOW...ALL..PERSONS..BY:..THESE.:PRESENTS: ::That_Liberty.:;Mutual-.I.nsurarice-'Gompany:tthe;°Company°);-a=:Massachusetts;stock insurance:. : :
company pursuant to and-byauthority of the.By-law and Authorization hereinafter set:forth,"does,hereby name;constitute and appoint
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PAMELA L.-,.STOCKS,'-BEVERLY ;HALL;SANDRAM. HANN.ER GINAI HEA-ALL:;OF:.THE.CITY;OF::SHERMAN OAK$;::::_": :�
:STATE-OF CALIFORNIA :�.....::.:...
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:.:::.:.::.:.. each:individuall0f:there-bemore than:one:narhp;:its true:and:lawful:attorriey in=fact:to make.;execute;:seal;aclinowledge:;and;deliver,for..and on:its
:.:::,:..behalf...as.suret :and.as:its act and deed;:anyand all-undertakings,.:bor ds,:.recognizances.and:"other:.sure - bli ati- s�:in the penal:;sum not:eicceeding1 .
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.:. :.FIFTY::MILLI NAND:00/100+++.+++++.. .+- - . : :: DOLLARS($:50;000; 00:00+.+.+.::::::.:::-::_'.�:: :l ea
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;...::::_..::::::execution.of..such::undertakings;.:tion s, recognizances:and::other surety::obligations;:in:pursuance:of:these present,: sFiall.-be as:binding upori..the;
Company as if they:had been duly signed:by the.president:and attested by the secretary of the Company in;tFieirown properpersoris:: .
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That:this.power-is'made-and executed.pursuant:to and byaLthority..of.the:tollowing By-law.and:Authorization::
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ARTICLE XIII-=.Execution�of Contracts`.Section 5:Sure Bonds"and ncib kin - = -
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- An 'officer of the::Com an autfiorized:for.that'ur-' in writ' -b ::the chairman.or.the resident-:and"suti'ect:to:such:limitations as"the
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chairman:or.:the:president.ma rescribe;shall a oint;such attome s=in4act,as.ma .be..necessa toaci"in..behalf.of:ihe Com ars to.rri. . 1
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:. 'execute; seal; acknowledge.and'deliver as sure an and all:undertakings, bonds :recognisances and:�:other sure ::obligations. Such :�
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�: ::atto.rneys-m-fact,:subfect:to.the limitations:set forth:i` heir respective powers of;attorne-'--h 11 have:.full:pbwer:to_tiind:the Company tiy..their O
O =. signature and execution of any such instruments:and to;attach thereto the seal:of:tfi`e Company .- en:so_executed such instruments shall be ":0i
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(D .-= a. bi .din :as if.si ned:b 'thee resident_and.attested b the.secreta. :.::-=,:::::.:- _
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�C-y .By.the.:following:instrument.the:'chairman.or.the-president has authorized:the:officer'orottie�;official named thereinto appoirit:attgrneys in-fact: M.
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M e: :.:...:....o: Pursuant=to:"•ArticleXlll;-:Section-:5:of:.the By-Laws,.Gamet:.VV:.:Ellio%:-Assistant Secretary of;:Liberty=Miitual:lnsurance.Company; is hereby. e
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*:L '. authorized,to=appointsuch attorneys in=fact as:may be necessary:to act:iri behalf of.the Company"to TA ,,.seal,acknowledge And :O
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'C:O. deliver as surety any:and all undertakings bonds;recognisances and other.surety.obligations �o;O
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That the By:law and,the Authorization.se't.forth above:are true copies- now.in'full:force:and,effect.- : '_ ' ;: .
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L.>.. IN..WITNESS::WHEREOF;:this�:Power-of:Attorney.:has been:.subscrib'ed by:,an_=autFionzed:officer::or-official=of:the Company:and the corporate seal':of L
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.-: .Libe.y`Mufual Ihsurance Company has tieen affized.thereto in Plymouth:Meeti. PennsylVania:this". :1:5th day of:-:' A[iril= :: :. '.
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On June 20,2007, 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
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the entity upon behalf of which the persons acted, executed the instrument.
>< JANICE L KR
USE
?' commission# 1USE WITNESS my hand and official seal.
0myComm.
Notary Public-California 5Santa Clara County Expires Aug 24,2009F
Si ature of Notary Public
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Optional Information
l' Title or Type of Document: Improvement Bond -024022285
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shamll Industries, Inc.
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