HomeMy WebLinkAboutMINUTES - 09182007 - C.04 G
qty 1.----;�o.�
TO: BOARD OF SUPERVISORS Contra
FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR
. ,,;- _•: �'Q Costa C
DATE: September 18, 2007 County
s ,.
COUI�
SUBJECT: Approve Subdivision Agreement(Right-of-Way Landscaping) for Road Acceptance 04-01159
(cross-reference Subdivision 99-08381), for project being developed by Shapell Homes, a
Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III)
SPECIFIC REQUFST(S)OR RECOMMENDATION(S)&BACKGROUND AND Jus-riFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2007/6'0;Z for Road Acceptance 04-01159 (cross-reference 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 ITI)
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:
v�-COM.'IENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
✓PPROVE OTHER
SIGNATURES
ACTION OF BVISORS
DON �. 0-,w" vy APPROVED AS RECOMMENDED OTHER
VO'1 I: I'SUP I hereby certify that this is a true and correct
UNANIMOUS(ABSENT ) copy of an action taken and entered on the
AYES: NOES: minutes of the.Board OF Supervisors on the
ABSENT: ABSTAIN: date shown.
LI3:vz
G:11_ngSvcl130\2007\09-18\BO-16 RA 04-1159.doe
Originator: Public Works(FS)
Contact: T.Ric(313-2363) ATTESTED: �ma�
cc: Public Works- Construction
Cun-ent Planning,Community Development JOHN CULLEN, Clerk of the Board of
July lonics 9(PI)
Shape])llomcs Supervisors and County Administrator
Sh
100 North Milpitas Blvd
Milpitas,CA 95035
Attn:Sam Worden
Liberty Mutual Insurance Company
j;U5 S.Main Street,Suite 830 By Deputy
Orange,CA 92868 OF
Attn:Pamela L.Stocks
i
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 18, 2007 by the following vote:
AYES: SUPERVISORS GIOIA,
UILKEMA, BONILLA,AND PIEPHO
NOES: NONE
ABSENT; SUPERVISOR GLOVER
ABSTAIN: NONE
RESOLUTION NO. 2007/,-Ar4D a--
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Road
Acceptance 04-01159 (cross-reference Subdivision 99-08381), for project being
developed by Shapell. Homes, a Division of Shapell Industries, Inc., a Delaware
Corp., Danville area. (District 111)
These improvements are approximately located near Charbray Street North.
The following document was presented for Board approval this date for Road Acceptance
04-01159 (cross-reference Subdivision 99-08381), located in the San Ramon (Dougherty Valley)
area.
A Subdivision Agreement (Right-of-Way Landscaping) with Shapell Homes, a Division
of Shapell Industries, 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: $3,700.00
Deposit made by: Shapell Homes
Auditor's Deposit Permit No. and Date: 481661 April 17, 2007
1.13:vz 1 hereby certify that this is a true and correct copy of an
Griginator:3 Public\09-I8\13p-16 RA 04-1159.doc action taken and entered on the minutes of the Board of
Originator: Public Wurks(C-S)
Contact: T.Ric(313-2363) Supervisors on the date shown.
cc: Public Works- Construction
Cun-ent Plannine,Community Development �
T—July 18.2009(P I) AT TESTED: �'L/D��'���� ✓ /�� '�
Shapell Homes
100 north Milpitas 131vd JOHN CULLEN, Clerk of the Board of Supervisors and
Milpitas.CA 9503' County Administrator
Alta:Sam Worden
Liberty Mutual Insurance Company
505 S.Main S11-CCL,Suite 830
orange,CA 92463
Alin.Pamela L.Stocks By Deputy
RESOLUTION NO.2007/ �Do2
SUBJECT: Approving Subdivision Agreement (Right-of Way Landscaping) for Road
Acceptance 04-01159 (cross-reference Subdivision 99-08381), for project being
developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware
Corp.,Danville area. (District III)
DATE: September 18, 2007
PAGE: 2
11. Surety Bond
Bond Company: Liberty Mutual Insurance Company
Bond Number and Date: 024022268 March 27, 2007
Perfonnance Amount: $369,700.00
Labor&.Materials Amount: $186,700.00
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.
RESOL UT ION NO. 20071,5 ,,Z
SUBDIVISION AGREEMENT ;
(Right of Way Landscaping)
(Government Code§66462 and§66463) A Q'
Subdivision:, RA 04-01159(x-ref SD99-083811 Effective Date:
Subdivider: Shapell Homes, a Divislon 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 Direc r
n� ,
By: (signature)
(print name e) V
RECOMMENDED FOR APPROVAL:
� '
By: ' (signature)
Engineering Services Division' (print none aute) b r+ Moore f�5�t. V• t^'•
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: $ 3.700.00 cash,plus additional security, in the amount of$ 369,700.00
which together total one hundred percent(100°/x)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 underthis 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$ 186.700.00 ,which is fifty percent(50°/x)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 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.
I
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 lie 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 asIrequired 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.
I
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined In this section:
I i '
A. -•Thwlhd mnitl' beefittbdarid protected by this promise are the County,and Its special district,elective and appointive
boards,commissions,Officers;a entsI,T d 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),orother proceeding(s)concerning
said liabilities and claims.
C. The actions causing liability are any act oromission(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;
I
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 shallpay 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.
I
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.
I
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.
i
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 proceed i 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 fulfilI l 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, I
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Rev.May 18,2001
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
,S
f County of Santa Clara
�Z 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
<s the entity upon behalf of which the persons acted, executed the instrument.
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JANICE T.KUSE WITNESS my hand and official seal.
;> Commission#1597428
<; ,-. Notary Public-California
Santa Clara County
NryComm.ExpiresAug24,2009 Sign ture of Notary Public
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is Title or Type of Document: Subdivision Agreement RA04-01159
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Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
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Shapell Industries,Inc.
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COUNTY OF CONTRA COSTA
DEPOSIT PERMIT:
OFFICE OF.000NTY AUDITOR-CONTROLLER
1
MARTINEZ„CALIFORNIA V
TO THE TREASURER:
RECEIVED FROM '
Public Works ORGANIZATION NUMBER 650
(For Cash Collection Procedures See County Administrators Bulletin,105)
DESCRIPTION FUNDIORG” SUB 'TASK JOPTION 'ACTIVITY ANIOUNT •,,..
=ACCT .
Sales Tax 100300 0637
•... ,:.i22�30 ,
Sale of Prints- . 004500 993.1. REV. 6A0196... .:278:7:0';
Corner Records. 0.00651 9660 6LO88D 50:00'
Install Condiut Immanuel Baptist 004660: .9755 6X4374 51000M
Ind 907876 DAVI- 0.0.0672.• 6U26.00 60:0:0
Ind.950595.`Ratliff 0'04'5'27` 2310 927SAS . 7,5100'.
SW RTDIM FEES:2/07 .00798.3':9595 587;14-4';82.'
DA 88:FEES:APN161=040-020 067.5'K 9:1;40. . . :1.26:.88:. .
DA 40 ATEES:APN37&155=001 007565,. ;'6.3:8.4•
DA 72 FEES APN 164-205-022 0075441 �726;29:'
DA:67.FEES . 007538.., 600:00..
DA FEES 007597 5;028;95:: .
DA FEES 007585 563.;'56:•
DA 72 FEES: 007544 146:40.".
SD 06-09019 BASE MAP FEE 601660. 9606 3 8'50.'OQ•..,
MONUMENT FEE 000651 9660 REV 6LO81 D 1 080:00.
Explanation: . TOTAL $
ENG SVC:13122.1229-131221252 VOIDS G1221245-G122124. DEPOSIT 5,408,016:74
Deposit consists of the following items
ACCT: (31221422-131221432 COIN and CURRENCY $ 56.00
INVOICES: 907876,950595 CHECKS,M.O.,ETC. $ 5,40.7,960:74
BANK DEPOSITS _ . $-
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMITDP
DATE ER 'G 1 4et � %r i 11
qq F
ASSIGNED
The amount of money described above is for zasurer's receipt of above amount is Rece�fabove amount is hereb acknowledged.
deposit into theCounty Treasuryr)
r i
,� f w. p.,i fDate �l
f• i t Signed: Signed:
Title: Acct.Clk.Adv EXT.3-23441Itt 'tf~'~' Deputy County Auditorl Deputy County Treasurer
COUNTY OF.CONTRA COSTA
DEPOSIT PERMIT f
OFFICE OF COUNTY AUDITOR-CONTROLLER C
11b
MARTINEZ, CALIFORNIA C4
TO THE TREASURER: _. .
RECEIVED FROM
Public.-Works ORGANIZATION NUMBER 650
(For Cash'Collection Procedures.See County'Administrators:Bulletin ib ...)
DESCRIPTION FUND/ORG' SUB "TASK OPTION ACTIVITY J AMOUNT`
ACCT.
$
8D06.-090.19.: LIGHT.FEE 007475 9895: 560;00
BW.RTDIM.FEES.CIFP2006-1........ . 007983. 9595 4;66,7;350:00::
TRUST FUND 000649.' 9665. 116';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 4?11 PERMIT DP 1,v
NUMBER 1
DATE It 107
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is eipt b(a ove amount is hereb acknowledged.
µ deposit into the County Treasury _
�__I.Ah {t11.;R 1f�✓ ij)1).Date I✓� l:/f
ign.edl, s w. .
7
r; �s Signed: ned:
Title: Acct. Clk.Adv EXT.3-2344 I Deputy puri r Deputy County Treasurer
D-34 Rev.(7-93)
0649-9665 /112300: G1221229, $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, 5hapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
0649-9665 /112300: G1221234, $3,900.00, SD04-08941, Landscape
Inspection, 5hapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
0649-9665 /112300: G1221236, $27,500.00, 5099-08381, Landscape
Inspection, 5hapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
0649-9665 /112300: G1221238, 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: G1221248, $48,500.00, SD 06-09019, Inspection,
Centex Homes Bay Area, 2527 Camino Ramon, Suite 100, San Ramon, CA
94583
819800-0800: 61221230, $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: G1221233, $1,000.00, 51) 04-08941, Cash Peformance Bond,
5hapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
819800-0800: 61221235, $3,400.00, 5D 99-08381, Cash Peformance Bond,
, 5hapell 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: RA04-01159 (x-ref SD99-0838 1)
Bond No.: 024022268
Premium: $2,773.00
Alamo Creek
IMPROVE ME, SECURITY BOND
FOR.PUBLIC RIGIIT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. RG1CI'I'AL OI+SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping, and other related improvements along RA04-01159
(x-ref S.D99-08381)as specified in the Subdivision Agrcement(Right of Way Landscaping),and to complete
said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision..,
2. OBLiGA'rtON: Shapell Homes,a Division of Shapell Industries, Inc., a Delaware Corp. , as
Principal,and Liberty Mutual Insurance Company ,aC0r17o1'atiotl organized
existing under the laws of the State of MA and authorized to
transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs,
executors,administrators, successors,and assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: Three Hundred Sixty Nine Thousand Seven Hunched arid 00/100
Dollars ($ 369,700.00 ) for itself or any city assignee under the above County Subdivision
Agreement, plus
B. Payment: One Hundred Eighty Six Thousand Seven Hundred and 00/100 Dollars ($ 186,700.00)
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.
3. CONDITION:
A.' Tiie 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 truly keep and perform the covenants,conditions and provisions in the
said agreement and any alteration thereof made as therein provided,on is or its part,to be 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
aull'and void; otherwise it shall be and remain in Full force and effect. _
1
As part ofthe obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein .
above set forth, and also in case snit is brought upon this bond, will pay, ill addition to the fact
all101111t thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expr Issly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)ofPart 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 this bond.
Should the condi)ion of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration ofsaid 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;arid 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 oft I March 27,2007
Shapell Homes)a Division of Shapell Industries,
PRINCIPAL: Inc.,a Delaware Corp. SURE'L'Y: Liberty Mutual Insurance Company
Address: 100 N. Milpitas Blvd. I ddmss, _05 S.Main Street,Suite 830 _
City: Milpit/a4, A I Zip: 95035 city, orange, CA Zip:. 92868
By:
Print Name: �rY'i(L C nx Print Name: Pamela L.Stocks
Title: C_+1Title: Attorney-in-Fact
By: •I
Print Narne: II -MPOtr�
Title:
RI'W ti 1\SI fARllA'1�V.(hpDala\IiugSvdf'mnu'13 T.1VOR nNIM•12 h.doc
Rcv.Jmic 17,1999 -
State of California
County of Los Angeles
On March 27, 2007 before me, Beverly A. Hall-Notary Public
bale 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( islam subscribed to the within instrument and acknowledged to me that
ke/she/tf( executed the same in:hms/her/*a*authorized capacity(mee), and that by W/her/hair
signature(s) on the instrument the person(b), or the entity upon behalf of which the person(%) acted,
executed the instrument.
BEVERLY A. HALL j WIT SS my hand and official seal.
Commission#I 1717989
d Notary Public-California
Los Angeles County. rX
SIGNATU OF N TAR
Carm[3 J-1 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
(-s.._) 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 A80VE
(3.107428.1
r
1716846
THIS POWER OF ATTORNEY 13 NOT VALLD UNLESS IT IS PRINTED:ON RED BACKGROUND =
- - -
_:.:.. - -
. .
_.
-
,This:Powe[of...Attorney limits the::acts.of those named herein,and:ihey..fiave.no authority,to:bind the-Company..except,i.naFie-manneraridI `-::'::-.:_`
ttie extent herein stated. = -
... .
LIBERTY... .MUTUAL-INSURANCE COMPANY
. -
BOSTON;MASSACHUSETTS
POWER OF.ATT.ORNEY
KNOW;ALL PERSONS BY .THESE PRESENTS: That Liberty Mutual Insurance Company (the;°Company-) a..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`:.STOCKS9.BEVERLY A',HALL;.SANDRA V HANNER,:GINA O'SHEA ALL OF THE CITY OF:SHERMAN:OAKS,
:::.STATE O.F.CALIFORNIA....... ......... ........ ......... ......... ..................
.. .. ................... ......... ... . .
. .. . .
each individuallyif,there be more than one named;.its true and lawful:attomey-la -act 1.to make execute seal acknowledge.and deliver,for.and omits. .'
.. behalf-assu'ettyy.and:as its act and deed :any and all undertakings bonds recogrnzan' e6:.and".other suretyy:"obliggations In the penal„sum not_excee.
_::FIFTY.MILLION:AND 00/100****. ... *'..*•'•'*, DOLLARS4 50,001 ,Q00.00*"
., execution-of such undertakings:bonds; recogrnzances and other surety obligations in:pursuance of these presents shall 6e as bindinghupon the
Company,as if.they had:been duly signed:bythe president and.attested;by the secretary of#he Cornpanyintheir ownproper:pefsons; I.'` - _
. . -...
That this poweris.made:and-executed pursuant to and by authontyof the:following,By law and AuthonzaUon
:ARTICLE XIII-Execution:of Contracts:Section5 Surety Bonds and Undertakings - -
- Any officer of;the Company authorized for that purpose ln:.writing by.the chairman.or thepresident and'sublect to such limitations-.as the
chairman or the president may prescnbe shall appoint such attorneys=in-fact,as'may,tie necessary to act inbehalf of the'Company,to.make
execute; seal;:acknowled a and:`.,deliver--.as sure
g ty any and A.undertakings, bonds;-recogn¢ances and:.other surety obligations Such "t7
. attorne s in-fact;sub'ect to the limitations setforth inch .. res ectiye owers of attomei ;shall-have full ower to bind the Com an b their y :
y , Y, 1 . . . P P,. Y P._ P Y Y -.F rn .
o signature and execution .f anysuchanstruments and.to attach thereto.the seal ofalie Company When so executed such'Instruments shall be a>
:: as binding as if signed .yAhe president and:attested by the secretary. _ 5
a _ :m
_-
. ., .
d By the.following instrument the chairman or the president has authorized the officer.or otheroffiaal named therein to appomt attorneysln fact
.
,- .
C. Pursuant to Article XIII Section 5 of the By Laws Garnet W. ElliottAsslstant:Secretary of Llbe_rty Mutual-Insurance Company Is hereby
:�:
:C
.::I- authorised to appomt such attorneys ii fact.as maybe necessaryto act in behalf of the.Company.to make execute':seal-acknowledge and •_rC ,
_.M
a =: deliver as surety.any and:all undertakings bonds recognizances and other surety obligations - --O
L- --. -:`: `: -. ::. - ::: :: - .V..H
.�: That the By law and the Authorization set forth above. .. true copies thereof and are now in""full force and effect :>.W
_ :.
C"
j: IN WITNESS WHEREOF chis Power of Attorney has been subscnbed.l by an authorized officer or official of the Company and the corporate seal of -�- `
�. LibertyMutuaL Insurance.Company has been_affixedahereto in Plymouth Meeting,:Pennsylvania this:= 15th.-day of April o
d 3 2005 ,:? _ _ a:e�
.o :�...
M : : :: LIBERTY MUTUAL INSURANCE COMPANY_ L.a
O d:-C
m 41o: � a:.
J1.
= tv: 5�� Garnet:W Elliosistant Secreta y'c
` COMMONWEALTH OF PENNSYLVANIA. :ss
.�. COUNTY OF MONTGOMERY _ 0
�L C
1r- 06 this 15th day of April 2005 ....before me a Notary Public, personally came.Garnet-W Elliott to me known and acknowledged
o' that 6..7.. an Assistant Secreta of Libe Mutual:lnsurance.Com an ; that;he=knows the,seal of said cor oraUon;-,and that,he executed the above 70•
.. .. rtY: - P Y P .
Lar_ Power of Att1.orney and affixed the.corporate.seal of Liberty Wtual Insurance Company thereto with the authority and at the direction of said corporation.:..<v:= 11
O W. >
„ ` IN TESTIMONY WH P'W . unto,subscribed my name an..affixed my:notanal-seal at Plymouth-Meeting PennsylVarna on-the day and year .-T ;
a v first above written: �, oNty
y �4t LOQ- � GOA6MOMNEAtba�slSea PENNSYLVANIA' i eA
O 7.- . Tercsa2ese9a.Ncsan.Pu c �.2�� � C:�
Z C>.. Tvv,,MonwmN Candy By C O
9: � 1. * E,�,m�,28'2M9 Ter sa Pestella Notary Public c�
n'SYtv�..�G mean,,PennsytvanaAsooa;WnaiNotarba r
CERTIFICATE..:-: 1. -
I,the:undersigned'Assistant ecretary of Liberty Mutual Insurance Company do herebyceitify 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 slate of.this certificate and I.do further certify that thee-officer or official who.executed the
... . .. .
. id of attorney is an Assistant Secretary specially authonzed;by the chairman or.the president to appoint attorneys in factas Provided inArticle_
=XIII,Section 5 of the By-laws of Liberty.Mutbal Insurance Company ;,. - _
-.
This'certificate�and the:above power of attorney may be signed by facsimile or mechanically reproduced signatures under,and.�by-authonty-ofA e
.':following vote of the board of directors of Liberty:Mutual Insurance Company at a meeting dulycalled.and held:on the'l2th day of:March :;1980
-
VOTED that the facsimile or.mechanically reproduced signature of any'assiMArit secretary of the_company whef6ea-appearing upon a
_ certified copy.of any power of attorney Issued`bythe company:in connection with surety:bonds sfiall be.valid and binding upon the:company
:: with the-Same force arid.-effect as thoUgh_manually'affik6d - _ - -
2 1. :.
-IN TEST MONY WHEREOF a hereunto subscribed my name and affixed the corporate seal of the said company this day of
-Marc 2b� ..
\t
t %}. .1. `
Dy
avi ,M;Carey Ass nt S.ecretary,-
\. �\��-.\\ - \ '�i�ti'l ♦ V i, iV- .~'i i lvtiti�'\:.1�^•VV\�•N v.N v\/'.^V Mil\NVV/'.'WVN\NVWV\..
j\ 1
S
C(1
.'l 7
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 >s
in their authorized capacities, and that by their signature on the instrument,the persons or S
the entity upon behalf of which the persons acted, executed the instrument.
5
JANT.KWITNESS my hand and official seal.
159
Commission#1597428
-i Notary Public-California z \
s
Santa Clara County
My COMM.ExpiresAug2a,2009 Sign hire of Notary Public
Optional Information s
Title or Type of Document: Security Bond -Landscape 024022268
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries,Inc.
'.t
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