HomeMy WebLinkAboutMINUTES - 08142007 - C.7 •r
Contra
CTO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTORV.
Costa
DATE: August 14, 2007 County
�otiK
SUBJECT: Approve Subdivision Agreement(Right-of-Way Landscaping) for Subdivision 99-08381, being
developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp.,Danville
area. (District 111)
SPECIFIC REQUES'I'(S)OR RF.,COMMENDA'rION(S)R BACKGROUND AND JUSTIFICA•IION
RECOMMENDATION(S):
ADOPT Resolution No. 2007/ 11' 444--for Subdivision 99-08381, 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 111)
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: ✓ SIGNATURE:
ECOMMENDATION OF COUNTY ADMINISTRXTOR
RECOMMENDATION OF BOARD CO111MITTEE
PPROVE OTHER
SIGNATURE(S
ACTION OF B RD ON / APPROVED AS RECOMMENDED OTHER
V OF SUPERVISORS ,/ I hereby certify that this is a true and correct
UNANIMOUS(ABSENT O»c._. 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\2007T8-14\BO-16 SD 99-9381.doc r
Originator: Public Works(ES) ATTESTED: m�/cr-ci
Contact: T.Ric(313-2363)
cc: Public Works- Construction JOHN CULLEN, erk of the Board of
Current Planning,Community Development
"r—June 14,2009(111) Supervisors and County Administrator
Shapell Homes
100 North Milpitas Blvd
Milpita.s,CA 95035
Attn:Sam Worden,Jim Gold and Steve Savage
Liberty Mutual Insurance Company By ,Deputy
505 S.Main Street,Suite 830
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,Clover and Piepho
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2007/ r �
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision
99-08381, 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 99-
08381, 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: $3,400.00
Deposit made by: Shapell Homes
Auditor's Deposit Permit No. and.Date: 481661 April 17, 2007
BB:vz I hereby certify that this is a true and correct copy of an
originator:
PLI007\0 Works(E-IG SD 99-8381.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: T.Ric(313-2363) Supervisors on the date shown.
cc: Public works- Construction
Current Planning,Community Development
T-June 14,2009(111) ATTESTED:
Shapell Homes
100 North Milpitas Blvd JOHN CUL LEN, Clerk(,6f the Board of Supervisors and
Milpitas,CA 95035 County Administrator
Attn:Sam Worden,Jim Gold and Steve Savage
Liberty Mutual Insurance Company
505 S.Main Street,Suite 430
Orange,CA 92464
Attn:Pamela Stocks By ,Deputy
IV
RESOLUTION NO.2007/.
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision
99-08381, being developed by Shapell Homes, a .Division of Shapell Industries,
Inc., a Delaware Corp., Danville area. (District IIl)
DATE: August 14, 2007
PAGE: 2
it. Surety Bond
Bond Company: Liberty Mutual Insurance Company
Bond Number and Date: 024022269 March 27, 2007
Performance Amount: $334,600.00
Labor&Materials Amount: $169,000.00
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.
0
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463)
/14SuSubdivision: SUB 99-08381 Effective Date: 9- 14-
Subdivider:
bdivider: Shapell Homes, a Division of ShaUell 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
By: (signature)
(print name& e) V
RECOMMENDED FOR APPROVAL: r�
By: (signature)
Engineering Servicesi sion (print neme&t ie) luoore
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: $ 3.400.00 cash,plus additional security, in the amount of$ 334.600.00
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$ 169.000.00 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 payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by 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
i 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.
i
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
I 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 harmleps and indemnify the indemnitees from the liabilities as defined in this section:
A. The.irldemnities benefitted•and�protected by this promise are the County,and its special district,elective and appointive
boards,commissions,officerq_agent<s,altid,employees.
I � ,
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),orother 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 that the alleged damage resulted partly form any negligent or willful misconduct of
any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissloner-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. INCORPORATIOWANNEXATION. 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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<• CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
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�? 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
zZ 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 T KRUSE WITNESS my hand aid official seal.
OCommisslon#1597428
N�fnt
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a ClaraCounty
MyCM.ExplresAug24,2009 Sign ture of Notary Public
Optional Information
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�< Title or Type of Document: Subdivision Agreement 99-08381
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shanell Industries,Inc.
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M.N•.
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT:`
OFFICE OF COUNTY AUDITOR_CONTROLLER �.
MARTINEZ,.CALIFORNIA ,
TO THE TREASURER:
RECEIVED FROMK
Public Works ORGANIZATION NUMBER 650
(urgamanom
(For Cash Collection Procedures See County Administrator's Bulletin 105)
DESCRIPTION FUND/ORG "'SUB" TASK OPTION ACTIVITY AMOUNT:
ACCT
$
Sales Tax 100300. 0637 <22:.3
Sale of Prints,
004600: 9931.: REV. 6A01-96.. :278`:70;;
Corner Records 600651' 9660 6L088D 50:00
Install Condiut Immanuel Baptist .004660` .9755 6X4374 5;000;00:'
Ind 907876. DAVI 000672., 6U26.00 50:0:0
Ind 950595 Ratliff '.0'04'5'27 `23'f0
927S'AS 75;00:
BW RTDIM FEES 2107 `007983`:9595 .5871144:82:.'
DA 88 FEES APN161-040-026. 007586` 9140.
DA. 40 A FEES,APN376-155-001 00.7665 6184„ .
DA 72 FEES APN 164-205-022 007544 11. ,.x,.22.6:29;'
DA 5.7 FEES 007538 600:00;
DA FEES 007597 5,028;95
DA FEES 007585 563:56`
DA 72 FEES 007544
SD 06-09019 BASE MAP FEE 001600 9606 3j85'6.`-00'-.
MONUMENT FEE 000651 9660 REV 6LO81D '1,080:00'.
Explanation: . TOTAL $
ENG SVC: G1221229=G1221252 VOIDS G1221245-G1221247' DEPOSIT 5,468,01.6:74
Deposit consists of the following items
ACCT: G1221422-G1221432 COIN and CURRENCY $ 56:00
INVOICES: 907876,950595 CHECKS,M.O.,ETC. $ . 5,407,960.74
BANK DEPOSITS Al_ 5
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE
ASSIGNED
The amount of money described above is for qreasurer's receipt of above amount is Receipt
ofabove amount is linowledged.
deposit into the County!Treasury
(• at L,.•! 'i` t Cl`
€.
Si c
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Signed:
1 Signed:
Title:Acct.CIL Adv EXT.3-2344 Deputy.- g Deputy County Auditor, g Deputy County Treasurer
D-34_Rw.(7-93
:r C • ;
: O.UNTY OF CONTRA COSTA ._...� -
DEPOSIT PERMIT j
OFFICE OF COUNTY AUDITOR-CONTROLLER Ci r
MARTINEZ CALIFORNIA C`
TO THE TREASURER:
RECEIVEYFROM
Public Wotks ORGANIZATION.NUMBER G60
(For Cash.Collection Procedures See County'A'dministrator's Bulletin 1.05.)
DESCRIPTION 'FUNDIORG,SUB:' "TASK OPTION ACTIVITY AMOUNT'
ACCT.
$
S0106460.19. LIGHT FEE 007475 9895 560:00,:
BW RTDIM FEES. 007983: 9
. 59.5. .. ....... ...... . ....: ..: .._..........::... :. .:-..... ..:4;667;3'SO400.':
TRUST'FUND 0006491'9665 11'6',700:00:`
V 819800. 0800 19;100:00.
Ty
- - ..... ......... ..-_ .. ... .. 1 _-
...::. . _.... _. .: .... ... .. -..:....-may,,
Explanation: TOTAL. $
DEPOSIT
Deposit consists of the following iterns
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER I f
DATE
ASSIGNED
The amount of money described above is for 'Treasurer's receipt of above amount is ReceiptWWo—ve amount is her acknowledged.
deposit into the County Treasury (f
b` na.,t � I
edt�l�_l:.�l>L:I n ��t��:1���r��I:�Date�!f
f9_ ,Signed:n r ned: t
Title::Acct.C1k.Adv EXT.3-2344 -r'-"'t�
Deputy ouri r Deputy County Treasurer
D-34 Rev.(7-93)
0649-9665 /112300: 61221229, $30,400.00, RA 04-01159, Landscape
Inspection, 5hapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
0649-9665 /112300: 61221232, $3,400.00, RA 04-01160, Landscape
Inspection, 5hapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
0649-9665 /112300: 61221234, $3,900.00, SD04-08941, Landscape
Inspection, 5hapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
0649-9665 /112300: 61221236, $27,500.00, SD99-08381, Landscape
Inspection, 5hapell 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, 5D 06-9056, Map Check
0649-9665 /112300: 61221248, $48,500.00, SD 06-09019, Inspection,
Centex Homes Bay Area, 2527 Camino Ramon, Suite 100, San Ramon, CA
94583
819800-0800: C71221230, $3,700.00, RA 04-01159, Cash Peformance Bond, ,
5hapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
819800-0800: 61221230, $1,000.00, RA 04-01160, Cash Peformance Bond, ,
5hapell.Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
819800-0800: 61221233, $1,000.00, SD 04-08941, Cash Peformance Bond,
Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
819800-0800: 61221235, $3,400.00, SD 99-08381 Cash Peformance Bond
Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
819800-0800: 61221248, $10,000.00 5D06-09019, Cash Peformance Bond,
Centex Homes Bay Area, 2527 Camino Ramon, Suite 100, San Ramon, CA
94583
Subdivision: SUB 99-08381
Bond No.: 024022269
Premium: $2,510.00
Alamo Creek
INIPROVEVIENT SECURITY BOND
FOR PUBLIC RiCET OF WAY LANDSCAPE ACRE,EViENT
(.Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. RrCrr,at,or SUBDIVISION ACRG>;\4CNT: The Principal has executed an agreement with the County to
Install and pay for public right of way landscaping, and other related improvements in SUB 99-08381
as specified in the Subdivision Agreement(Right of Way Landscaping),and to complete said work within
the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in
accordance with State and local laws and rulings thercunder in order to satisfy conditions for filing of the
Final Map or Parcel Mal)for said Subdivision.
2. 0i31..,IGATION: Shapell Homes, a Division of Shapell Industries, Inc.,a Delaware Corp. , as
Principal, and Liberty Mutual Insurance Company ,acorporahonorganized
existing under the laws of the State of MA , and authorized to
transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our hcirs,
executors,administrators, successors,and assigns to the County of Contra Costa,.California to pay it:
A. Performance and Guarantee: Three Hundred Thirty Four Thousand Six Hundred and 00/100
Dollars($_, 334,600.00 )for itself or any city assignee under the above County Subdivision .
Agreement,plus
B. Payment: One Hundred Sixty Nine Thousand and 00/100 Dollars($ 169,000.00 )
to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Part
4 of Division III of the Civil Code of the State of California.
1 CONDITION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to
and abide by, and well and trulykeep and perform the covenants,conditions and provisions in the
said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and
performed at the time and in the manner therein specified,and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become
dull and void;otherwise it shall be and remain in full force and effe t. ,, r
J ,
J .
As part of the obligation secured hereby and in addition to the face amount speci fied therefore,there
shall be included casts and reasonable expenses and fees, Including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
I thereon of any kind,or for amounts clue under the Unemployment Insurance Act with respect to such
work or labor, that said surety wi 11 pay the same in an amount not exceeding the amount herein
i. 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 sach obligation, to be awarded and
ifixed by the court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond sliall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,sous to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in fill force and effect.
C. No alteration ofsaid subdivision agreement orally plan or specification of said work agreed to by the
Principal arta the County sliall relieve any Surety from liability on this bond; and consent is hereby
given to make such alteration without further notice to or consent by Surety;and the Surety hereby
waives the provisions of California Civil Code Section 2819,and holds itself bound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED ort March 27,2007
Shapell Homes,a Division of Shapell Industries,
PRINCIPAL: Inc.,a Delaware Corp. SURETY: Liberty Mutual Insurance Company
Address: 100 N.Milpitas Blvd. g , 05 S. Main Street,Suite 830
City: Milpi A Zip: 95035 City: Orange CA Zip: 92888_
By: �jiy�GC`L lJ
Print Name: ,2,n l.,pV, Print Name: Pamela L.Stocks -
Title: •�2C Title: Attorney-in-Fact.
By: , ` I
Print Name: Qobf+ � N. oute-
Title: V
%NPW.Sl\SIfA)IDA'I'AtQipDala\GngS,dPomu`BN WORi MIN-12A.doc
Rev.June 17,109
L -
State of California
County of Los Angeles
Cn March 27, 2007 before me. Beverly A. Hall-Notary Public
oale NAME. TITLE OF OFFICER.. -JANE OOE. 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(W is/a* subscribed to the within instrument and acknowledged to me that
hoe/she/tom( executed the same in>tslher/*Ar authorized capacity(bes), and that by Itis/herl"V&
signatures) on the instrument the person(I), or the entity upon behalf of which the person(a) acted,
executed the instrument.
NEVER A.=L WITN Smy hand and official al
Commission# 17179f19
Notary Public-California
Los Angeles County 391011' SIGNATURE N TARP
Camrn. Jan 1 1011
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
4.107425.8
.
_ 1716.84"7..
1. i.THIS.POWER OF ATTORNEY IS NOT VALID.UNLESS IT IS PRINTED,ON RED BACKGROUND
This Power of Attorney limits the:acts of those named herein'and they have no authority to bind:the Company except in the manner and to �,
the:extent herein stated:r - -
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LIBERTY MUTUAL INSURANCE.COMPANY : :r ;
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:BOSTON;MASSACHUSETTS,: :1
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WER:OF ATTORNEY - :
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KNOW.;ALL PERSONS`BY-THESE PRESENTS:": That Liberty:Mutual Insurance Company:(the:,'Company'); a'Massacliusetts stock'insurance
company pursuant to and by authority of the.By-law and.uthorization.herernafterset forth;:does hereby:narrie,:,constitute and:ap'point=..
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PAMELA L STOCKS;BEVERLY A:HALL,;SANDRA V HANNER,:GINA O'SHEA,"ALL OF THE CITY,OF;SHERMAN OAK$,: : "
STATE CALIFORNIA....... ......... :........ ........—.....a.... ......... .............::...... ......... - —
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each individually if there be more:than one:named :its true and lawful attorney in tact to make;execute seal acknowledge avid deliver,for.and on its
behalf as.sureryry.and as its acta;d*deed*a a*d all:undertakings bonds recogrnzances.and other surety.0.igations in the penafsum not exceeding
FIFTY MILLION`AND:001]00 ($ 50;000;000.00*'**"
DOLLARS )each;and the :
execution"of such undertakings;bonds,recognizances and other surety"obligations in.pursuance of tfiese:presents shall Uwas binding upon-the,
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Companyas if they had..been duly signed byahe president and:attesied by.the secretary of:the Company.intheir-own proper:persons;`.
That this poweris made and executed pursuant to and:byauthorityof the following By-law and AuthonzaUon:
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: ARTICLE XIII Execution of Contracts,Section 5:Surety Bonds and"Undertakings - -
Any officer of. Company authorized.for_that purpose m::writin..6.....
by.the chairman or;the;president„""arid;sutiject toauch:iimitations:a§ the :'.
chairman or`the:president may prescnbe_shall appoint such:attorneys in fact as:may-be necessary to act in;behalf"of the'Contpany:to.make; 4 m
execute seal,.acknowledge and.deliver as surety.any and-all undertakings; bonds;.-recognizance§ and ofher surety;obligations.' Such :._.�
H attorneys-in-fact;subject to the limitations set forthAn-their"respective powers of.attorney,;shall have full:powerao bind the Company-by.th- - ` y
p signature and:execution of any such i'nst'ruments and to attach:thereto_the seal o-m as binding as d signed by the president and attested by the secretary _ 5
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.Y y By the following instrument the chairman or-the president has authorized the officer.or other"official"named thereinto appoint attomeys in-fact:` ;- ..`"�
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C Pursuant to Article XIII,„Section 5-of the:By Laws Garnet W Elliott -Assistant:Secretary of Liberty-Mutual�-lnsurance":Company, is hereby. '` .;�
__.�'. authoriied to appoint such attorneys in fact aslmay be necessaI.ry-to act in behalf ofahe Company to mak e,,execute;.seal,acknowledge and _::� :
v �: = deliver as surety any and all undertakings bonds-recognizance§and other surety obligations .:0 .
That the By law•and the Authonzation set forth above are true copies thereof and are now in full force and effect W
Ll IN WITNESS WHEREOFAhis Power of Attorney has been subscribed-by an authonzed=otficer or.official'6f the Company and,the;corporate seal`.Of •8 CL
Liberty..Mutual Insurance Company has been affixed thereto m Plymouth.MeeUng;Pennsylvania this- 15th : day of April ,. "o
m"3 '2005 :
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m �. .LIBERTY MUTUAL INSURANCE COMPANY v,�
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"C ra. ��� Garnet W..EIIiott,-Assistant-Secretary y'oa .
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.4)-.,;. COMMONWEALTH OF PENNSYLVANIA "ss1. .Co
mm COUNTY OF MONTGOMERY " _:: - - 4..
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CD On this 15th day of April .2005:;-before me a Notary Public;personally came Garnef W Elliott, to me known and acknowledged . �
0• that he;is an Assistant Secreta" of Libe, ':M utual.lnsurance Com an';;that'.he knows the seal of-said:cor oration; and that:he executed the above :a
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L ai Power Attorney and affixed the corporate seal of Liberty Mutualansurance Company thereto with the'authority and at the direction of said;corp.&ation. .g M
IN TESTIMONY WH , . pj� ve.N unto subscribed my name and affixed my notarial seal at Plymouth Meeting Pennsylvania on the:day:and year t;-e :
o: first-abovewntten Q� �oNW o{ !-'"00
10 a �! O �� COMMONWHkl1 MOF PHNN YLVANIA i E A
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O t3F Teresa Paaera tuuary Pule /'I�LZ�(fit e►/ r-,. .Z::U. -Pymotsh7wj-Mayoire-6o BYO.O
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.:.CERTIFICATE �� _ - r
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I;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 copy is::in.full force and effect on the:date.of this certificate anda:do further certifyahat the officer or official who executed the .'
said power of:attorney is an Assistant Secretaryapecially authorized by;.ahe chairman or:tha president to appoint attorneys,in=act,as provide In:Article `':
XIII;Section-5the By-laws of Liberty Mutual Insurance Company ;:: -
This certificate:and.the above power of attorney may be signed by-facsimile:orirnechanically rep roduced-signatures.underand`by authority:of the
following vote of,the board;of directors of Liberty;Mutual Insurance.Company at:a._meeting dulycalle`d and:held on the 12th day;of.March;1980.:.
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;. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the-'ompany, wherever appearing upon a
C copy of any power of attorney issued by,the.company iin,connect1' with,surety-Bonds shall be,valid Arid binding-uponahe"company
with"thesame;forc'a and effect as.though manually.affixed - - -
IN TESTCYONY WHEREOF,1 h�v�hereunto subscribed my name and affixed the corporate seal of the said company this 27"th day;of
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BY
�� :David M:Carey,Ass CSecretary,
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<f CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
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State of California
County of Santa Clara
3 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
z the entity upon behalf of which the persons acted, executed the instrument.
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JANICE I KRUSE WITNESS my hand and official seal.
Commiub #1597428
0Notory
Pblic-California
;2 Santma Clara County
S tvryCom.Expires
Aug 24,200 Si ature of Notary Public
?$ Optional Information
> Title or Type of Document: Security Bond -Landscape 024022269
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Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
�< Shaaell Industries,Inc.
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