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HomeMy WebLinkAboutMINUTES - 12052000 - C10-C14 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: December 5,2000 SUBJECT: Approve Consulting Services Agreement with RBF Consulting, South County Area No.: Various SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Public Works Director to enter into a Consulting Services Agreement with RBF Consulting to provide "on call' plan check services and engineering review services for specialized drainage improvement projects in the the Alamo Creek Watershed that are proposed to be constructed with development projects in the South County. II. Financial Impact: The estimated cost of the contract is$50,000.00 funded by the developer review fees,(100%). Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON DECEMBER 5, 2000 APPROVED AS RECOMMENDED X OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. VOTE OF SUPERVISORS UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: ATTESTED: DECEMBER 5, 2000 \TWS4\SHARDATA\OrpDeie\EngSvc\BO\2000\Tcmp\RBF Consulting.dw PHIL BATCHELOR., Clerk of the Board of Supervisors and TR:lap County Administrator Originator: Public Works((925)313-2363) Contact: (T.Ric) cc: Bruce Phillips,RBF Consulting P.Detjens,Flood Control E.Whan,Flood Control By ,Deputy *(District V Seat is vacant) /0 SUBJECT: Approve Consulting Services Agreement with RBF Consulting,South County Area DATE: December 5,2000 PACE 2 III. Reasons for Recommendations and Background: The approval of the "on call" Consulting Service Agreement is needed to assist Public Works Department staff in providing. improvement plan review and engineering review services for specialized drainage improvements in the Alamo Creek Watershed. IV. Consequences of Negative Action: If the Consulting Service Agreement is not approved,current review times for plans will be delayed. Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNT', CALIFORNIA Adopted this Resolution on December 5, 2000 by the following vote: AWES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE *(District V Seat is vacant) RESOLUTION NO.: 2000/538 SUBJECT: Accept Completion of Improvements for Subdivsion 8256, San Ramon area. The Public Works Director has notified this Board that the improvements in Subdivision 8256 have been completed as provided in the Subdivision Agreement with Shapell Industries of Northern California heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of November 20, 2000 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT_ NAME OF BANK/SURETY September 21, 1999 American Casualty Company of Reading Pennsylvania BE IT FURTHER RESOLVED the payment (labor and materials) surety for $612,200.00, Bond No. 929097493 issued by the above surety be RETAINED for the six month lien guarantee period until May 20, 2000, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that S. Gale Ridge Road, gale Ridge Court, Mediar Drive, Medlar Court and Velvetleaf Circle the hereinafter described road, as shown and dedicated for public use on the Final map of Subdivision 8256 filed September 30, 1999, in Book 415 of Maps at page 41, Official Records of Contra Costa County, State of California, are ACCEPTED as complete. RESOLUTION NO. : 2000/ !538 1 SUBJECT: Accept Completion of Improvements for Subdivision 8256, San Ramon area. DATE: December 5, 2000 PAGE: 2 Road Name Road-RIW Widths Road No. Lengths (Miles S. Gale Ridge Road 11.0/17.OM n/a 266.201 M Gale Ridge Court 11.0/17.OM n/a 190.535 M Mediar Drive 11.0/17.OM n/a 325.707 M Mediar Court 11.0/17.OM n/a 26.290 M Velvetleaf Circle 11.0/17.OM n/a 527.986 M BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established, and the $12,200.00 cash deposit (Auditor's Deposit Permit No. 337456, dated September 7, 1999) made by Shapell Industries of Northern California and the performance/maintenance surety bond rider for $181,815.00, Bond No. 929097493 issued by American Casualty company of Reading, Pennsylvania be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. I hereby certify that this is a hue and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: DECEMBER 5, 2000 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator G:\GrpDatalEngSvc\BO\2000\BO 12-5-00,doc TR:JC:Iap By ,Deputy Originator: Public Works(ES) Contact: Teri Ric(313-2368) cc: Public Works Tax I.D.95-257-8030,Accounting R.Bruno,Construction Div. Recorder(via Clerk),then PW Engineering Services Shapell Industries of Northern California, Attn: Chris,Truebridge,Steve Savage&Sam Worden 100 Milpitas Blvd,Milpitas,CA 95035 American Casualty Company of Reading,PA, 21650 Oxnard Street,Ste.760,Woodland Hills,CA 91367 Joye Fukuda,City of San Ramon sill Ili III I Ili II III III I II Ilii I Illli I Illi I Ill Ill II CONTRA COSTA Cc Recorder Office Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder+� Contra Costa County DOC— 200 0275, ��l`®�� Public Works Department Engineering Services Division Thursday, DEC 07, 2000 09:07:31 Return to: FRE $0.00 Public Works Department Tt 1 Pd $0,00 Nbr-0000189405 Engineering Servicesices Division rrc/RS/1-2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 5, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND GERBER NOES: NONE ABSENT: NONE * ABSTAIN: NONE *(District V Sent is vacant) RESOLUTION NO.: 2000/S38 SUBJECT: Accept Completion of Improvements for Subdivsion 8256, San Ramon area. The Public Works Director has notified this Board that the improvements in Subdivision 8256 have been completed as provided in the Subdivision Agreement with Shapell Industries of Northern California heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of November 20, 2000 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY September 21, 1999 American Casualty Company of Reading Pennsylvania BE IT FURTHER RESOLVED the payment (labor and materials) surety for $612,200.00, Bond No. 929097493 issued by the above surety be RETAINED for the six month lien guarantee period until May 20, 2000, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that S. Gale Ridge Road, Cale Ridge Court, Mediar Drive, Mediar Court and Velvetleaf Circle the hereinafter described road, as shown and dedicated for public use on the Final map of Subdivision 8256 filed September 30, 1999, in Book 415 of Maps at page 41, Official Records of Contra Costa County, State of California, are ACCEPTED as complete. RESOLUTION NO. : 2000/ 538 SUBJECT: Accept Completion of Improvements for Subdivision 8256, San Ramon area. DATE: December 5, 2000 PAGE: 2 Road Name Road-R/W Widths &aj NQ. Un s (Miles) S. Gale Ridge Road 11.0/17.OM n/a 266.201 M Gale Ridge Court 11.0/17.OM n/a 190.535 M Mediar Drive 11.0/17.OM n/a 325.707 M Mediar Court 11.0/17.OM n/a 26.290 M Velvetleaf Circle 11.0/17.OM n/a 527.986 M BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established, and the $12,200.00 cash deposit (Auditor's Deposit Permit No. 337456, dated September 7, 1999) made by Shapell Industries :of Northern California and the performance/maintenance surety bond rider for $181,815.00, Bond No. 929097493 issued by American Casualty company of Reading, Pennsylvania be RETAINED pursuant to the requirements of Section 944.406 of the Ordinance Code until release by this Board. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED:_-_ DEFER 5, 2000 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator G:\GrpData\EngSvc\B012000\B0 12-5-OO.doc TP:IC:Iap Originator: Public Works(ES) BY Deputy Contact: Teri Pit(313-2368) cc: Public Works 'rax I.D.95-257-8030,Accounting -R.Bruno,Construction Div. Recorder(via Clerk).then PW Engineering Services Shapell Industries of Northem California, Atm: Chris,Tntebridge,Steve Savage&Sam Worden 100 Milpitas Blvd,Milpitas,CA 95035 American Casualty Company of Reading,PA, 21650 Oxnard Street,Ste.760,Woodland Hills,CA 91367 Joye Pukuda,City of San Ramon ' OVA / Executed in Triplicate � VA suREry Tract 8256 Increase -Decrease Rider TO BE ATTACHED TO and form part of Bond Number ._.. ....929 097 493....... Issued by the American Casualty Company of Reading, PA _ _ as:surety,on behalf of Shapell Industries of Northern California,A Division of Shapell Industries,Inc. of Milpitas, CA _ hereinafter referred to as the Principal,and in favor of County of Contra Costa of. .. .Martinez, CA __....... .. ..... . .. ...�. _ .. ... __.. �... . , _._. ........ .. ._ ..._ _..,. . . . .. .. _.. , herelnefter referred to as the Obligee,effective the --1st . day of, Se�tembe 1989 IN CONSIDERATION of the premium charged for the attachad bond end other good and valuable consideration it is understood and agreed that etfeotive the day of , December , 2000 ,and subject to all the terms, conditions and limitations of the attached bond,the penal sum thereof shall be and the some is hereby decreased from the Burn of One Million Two Hundred Twelve Thousand One Hundred no/100 (Performance Only) DoNars($1,212,100.00 ) to the sum of One Hundred Eighty One Thousand Eight Hundred Fifteen no/100. (Performance Only} _ $181.815.00 . IT IS FURTHER UNDERSTOOD and agreed that subject to all the terns, conditions and limitations of the attached bond, the sg rusts liablllty of the Surety for any toes occurring prior to told date shall not*see d the sum of One illion Two Hundred Twelve Thousand One Hundred no/100 ertormance Only) .._.._,_..... . .... ,..�.:.�..._...DoNgm( $1,212,100.00 ), or for any We occurring subsequent to said date shall not exceed the sum of One Hundred Eighty One Thousand Eight Hundred Fifteen no/100 (Performance n y) Dollars( 181 815.00 „�_ ), In no event, however,the#the aggregate liability of the Surety exceed the larger of the aforernerrtioned sums, it being the Intent hereof to preclude cumulative IiabNity. SIGNED,SEALED AND DATED this 16th day of November 1 2000 Accepted By: Shapell industries of Northern California, County of Contra Costa a Division of Shapell Industries, Inc. (Principal) B (Seal) American asualty Company of Reading, PA (Surety) By. :A4'a, 1' , (Seal) SUFE-23169-D Sandra V. Hanner Attorney-in-fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-T=ACT Know All Man By"Phase Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF REAOING,PENNSYLVANIA,.a Pennsylvania corporation(herein oo#ectivaiy called'the CCC Surety Componies"),are duly organized and existing corporations having their principa€offices in the City of Chicago,and Stats of Itllnois,and that they do by virtue of the signature and seals herein aft od hereby make,constitute and appoint Beverly A. Hail Sandra V.Harmer Individually of Sherman Oaks California their true and lawful Att y(a)-in-Fact with full power and authority hereby conferred to sign,sea€and executo for and of their behalf bonds, undertakings and other obligatory instruments of similar nature Hrt Unlimited Amounts- and to bind them thereby as fatly and to to some oxtent as If such dents were signed by a duly authorized officer of their corporations and It the aota of said Aftnoy,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is,made and executed pursuant to and by authority of the By-Laws,and Resrolutionr,printed on the reverse hereof, duty adopted,as indicated,by the Boards of Directors,of the corporations. In Wtnass Wharaof,the CCG Surety Companies have caused these presents to be signed by their Group Vice President and their corporate s,eats to be hereto afftced on this28th day of October '1998 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE-INSURANCE COMPANY OF HARTFORD ` AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA ,aJJ/ M 4 Marvin J.Cashion Croup Vice President Stats of Illinois,County of Cook,as: On this 28th day of October 4998 ,before me personally came Marvin J.Cashion,to me known,who,being by me duly swan,did depose and say.that he resides In the City of Chicago,State of Illhoi s,that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE'INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which the above instrurnerrt;thit he knows the male of said corporations;that the seats afEExed to the said Instrument are such oorporsts seats;that they war*oro affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges son*to be the act and deed of said corporations. a My Commission Expires March 6,2DOO Mary Jo Abel Notary Public CERTIFICATE 1,Mary A.Ribikswslds,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein above a*forth is still in force,and further certify that the By-Law and Restitution of the Board of Directors of each corporation printed on the revenge Iho�rsof are still in force. In testimony whereof ih X 1 hereunto subscribed my name and affuaeii the**ole of to said corporations this 16thday of November L UUt CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA a SEAL. iueau 1, - 1H7 Mary A Ribikawskis Assistant Secretary (R*00l1197) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of Directors of the Company. "Arddo iX--Execution of Documents Section 3.Appointment of Attdrnoy-in4sct The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attornoys-in-feact to act in behalf of the Company in the execution of poik*w of insurance,bonds,makings and other obligatory instruments of like nature.Such ottorney fact,subject to the limitations set forth In their rsspectrm certificates of authority,shat#ham full power to bind the Company by their signature and execution of any such instruments and to attach the seat of the Company thereto.The Chairman of the Board of Directors,the President or any Exec0dve,Senior or Group Vice Provident or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimlle under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, ISM. 'Remolved,that the signature of to President or any Executive,Senior or Group Vice President and the seal of the Company may boir affkwed by faoaimite on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the sigraature of the Secretary or an Assistart Secretary and the seat of the Company may be~by facsimile to any cortificaate of any such power end any power or certificate bearing such fsc eimile sowture and seat shat#be valid ard binding on the Company.Any such power so executed and seated and certified by oaartificate so wwgftd and sealed shalt,with romped to any bond or undertakitg to which it is attached,continua to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by to Board of Directors of the Company. "Article%--Exacudan of Obligations and Appoint ret of Attornsyoln-Fact Section 2.Appoftrwd of Attorneyin-fsot.The Chairman of the Board of Directors,,the President or any Executive,Senior or Group Vase President may,from tlmo to time,appoint by wrfttan certificates attwnsys4n-fact to act in bshatf of the Company in the execution of polio"of insurance,bonds,undertakings and other obligatory Instruments of like nature.Such attorneys,4n4act,subject to the Imitaatons sot forth in their respective ooartific ates of authority,shall gave full power to bind the Company by their signature and execution of any such Instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice Prosiderd may at any time revoke all power and authority previously given to any attorney-in-fact.* This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly ailed and holt on the 17th day of February, 1 M. *Rosolved,that the somdurs of the President or any Executive, Senior or Group Vice President and the seal of to Company may be affixed by fecalmils can any power of attorney granted pursuant to Section 2 of Article Vi of the By-Um,and the sowturo of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by fassimils to.any oerdcsste of any such power and.any power or certificate bearing such faosimile signature and sal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and awoled shall,with respect to any bond or undertaking to which It is attached,continue to be valid and binding on the Company.* ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant lo and by authority of the following Resolution duly adopted on February 17,1993 by the Board of Directors of the Company.. 'RESOLVED:That the President,an Executive Vice President,or any Senior or Group Violas President of the Corporation may,from time to iurW,appoint,by written certificates,Attornoyo-ln-Fact to amt in behalf of to Corporation in the execution of policies of insuraroe,bonds, undertakings and other obligatory iralruments of like nature.Such Attorneyin-Fact,subject to the timkfftions sot forth in their respective oartifiicsates of authority,strati have full power to bind the Corporation by their signature and execution of any such Instrument and to attach the seal of the Corporation thersto.The President,an Executive Vase President,any Senior or Group Vice President or the Board of Directors may ait any time revoke all power and authority previously given to any Attorney-In-Fact' This Power of Attorney Is signed and sealed by faosimNe under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a mooting duly called and held on the 17th day of February,1893. "RESOLVED:That the signatire of the President,an Executive Vice President:or any Senior or group Vice President and the sat of the Corporation may be afltrced by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1893 and to signaturo of a Secretary or an Assistant Secretary and the sal of the Corporation may be oftbood by facsimile to any cortiifcarte of any such power,and any power or caaartifica ls,bearing such facsimile signature and sal shell be valid and binding on the Corporation.Any such power so executed and sated and certified by corttticate so executed and sealed,shall with romped to any bond or undertaking to which It is attached,continue to be valid and binding on the Corporation." State of CALIFORNIA County of LOS ANGELES On Naverrber 16. 2000 before me, B. Hail - Notary Public oat@ NAME, TITLE OF OFFICER., 'JANE DOE, NOTARY PUBLIC- personally appeared Sandra V. Hanner NAME(S)OF SIGNER(S) { x ) personalty known to me–OR – (—) proved to me on the basis of satisfactory evidence to be the person(s) whose name(*Is/An subscribed to the within instrument and acknowledged to me that hWshefitW executed the same in ft/her/tbltIc authorized capacitypvva and that by 1 Wher/ signature") on the instrument the person(S), or the entity upon behalf of which the person(ei acted, executed the instrument. B.HALL WITNESS my hand and official seal. rA.�1 Commission# 11IM926 Notary Public-California 3WA_los Angeles County SIGNATURE OF NOTARY My Comm.Btpkm Jun 1 r4,2 OPTIONAL Though the data below Is not required by law, It may prove valuable to persons relying on the document 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 ATTORNEY-IN-FACT TRUSTEE(S) ( } GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER 18 REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Casualty Company of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE G-10'7i2(i'B CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _ State of California County of Santa Clara 's Linda A. Fluken, Notary Public On— before me, , T ata Name and Title of Officer(e.g.,'Jam Doe,Notary Public) J. Christian Truebrid e Nainepersonally appeared `� (a)of dna) personally known to me–OR–' ;proved to me on the basis of satisfactory evidence to be the person{ whose name(*)ishwe subscribed to the within instrument and acknowledged to me that heAsheM%"xecuted the r� same in hisfh wAhe#rauthorized capacity{,and that by r uNDAA.R,uKEN his4*fi4he0&signature4r4 on the instrument the person*, Ccrmr"M#I Is"" or the entity upon behalf of which the person(e) acted, V Cobra C� executed the instrument. V � My Carnm.ltOGfxi.�C01 WITNESS my hand and official seal. ature of Nota I •Pu tic OPTIONAL Z; Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: � r Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: 7 Individual El Individual Corporate Officer El Corporate Officer Title(s): Title(s): ,. Partner—_ Limited ❑ General L3 Partner-- Limited _ General c >` Attomey-in-Fact © Attorney-in-Fact Trustee ❑ Trustee ilg v Guardian or Conservator e Guardian or Conservator 7! Other: Top of thumb here C Other: Top of thumb here S Signer is Representing: Signer Is Representing: r� 0 1995 National Notary Aarociation•8238 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod,No.5907 Reorder.Call Tall-Free 1.800.878.8827 G-. Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 5, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND GERBER NOES: NONE ABSENT: NONE* ABSTAIN: NONE (District V Seat is vacant) RESOLUTION NO.: 2000/ 539 SUBJECT: Accept Completion of Improvements for Subdivision 8255, San Ramon area. The Public Works Director has notified this Board that the improvements in Subdivision 8255 have been completed as provided in the Subdivision Agreement with one Shapell Industries of Northern California heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of November 20, 2000 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY September 21, 1999 American Casualty Company of Reading Pennsylvania BE IT FURTHER RESOLVED the payment (labor and materials) surety for $210,800.00, Bond No./Letter of Credit No. 929097492 issued by the above surety be RETAINED for the six month lien guarantee period until May 20, 2000, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that Mediar Drive and Velvetleaf Circle the hereinafter described roads, as shown and dedicated for public use on the Final map of Subdivision 8255 filed September 30, 2000, in Book 416 of Maps at page 1, Official Records of Contra Costa County, State of California, are ACCEPTED as complete. RESOLUTION NO. : 20007 539 Gam, 4�7 SUBJECT: Accept Completion of Improvements for Subdivision 8255, San Ramon area. DATE: December 5, 2000 PAGE: 2 Road Name Road-R/W Widths Road No. Lengths (Meters) Mediar Drive 11.0/17.000 M n/a 28.471 Velvetleaf Circle 11.0/17.000 M n/a 458.736 BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established, and the $4,200.00 cash deposit (Auditor's Deposit Permit No. 337456, dated September 7, 1999) made by Shapell Industries of northern California and the performance/maintenance surety bond rider for $62,610.00, Bond No. 929097492 issued by American Casualty Company of Reading Pennsylvania be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: DECKER 5: 2000 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By ,Deputy JC:Iap G:\GtpData\EngSvc\BO\2000\BO 12-5-00.doc Originator: Public Works(ES) Contact: Teri Rie(313-2368) cc: Public Works Tax I.D.95-257-8030,Accounting R.Bruno,Construction Div. Recorder(via Clerk),then PW Engineering Services Shapell Industries of Northern California Attn: Chris Truebridge,Steve Savage&Sam Worden 100 North Milpitas Blvd.,Milpitas,CA 95035 American Casualty Company of Reading Pennsylvania 21650 Oxnard Street,Ste.760,Woodland Hills,CA 91367 Joye Fukuda,City of San Ramon Illi Ilf fll I III II Ilf III I II IIN IIIIII I IN 111111111 Recorded at the request of: CONTRA COSTA Cc Recorder Office Contra Costa County Public Works Department STEPHEN L. IJEIR 1 Clerk+�-Recorder Engineering Services Division DOC— 200 —$ 751 Return to: 62-00 Public Works Department Thursday, CLEC 07, 2000 09:07:17 Engineering Services Division FRE sib.so Tt 1 Pd $0 r 00 Nbr-0000189403 rre/R9/1-2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on December 5,2000 by the following vote. AYES: SUPERVISORS GIOIA, UIIRD%, DESAULNIER AND GERBER NOES: NONE ABSENT: NONE* ABSTAIN: NONE *(District V Seat is vaunt) RESOLUTION NO.: 2000/ 539 SUBJECT: Accept Completion of Improvements for Subdivision 8255, San Ramon area. The Public Works Director has notified this Board that the improvements in Subdivision 8255 have been completed as provided in the Subdivision Agreement with one Shapell Industries of Northern California heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of November 20, 2000 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BAXLSURETY September 21, 1999 American Casualty Company of Reading Pennsylvania BE IT FURTHER RESOLVED the payment (labor and materials) surety for $210,800.00, Bond No./Letter of Credit No. 929097492 issued by the above surety be RETAINED for the six month lien guarantee period until May 20, 2000, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that Mediar Drive and Velvetleaf Circle the hereinafter described roads, as shown and dedicated for public use on the Final map of Subdivision 8255 filed September 30, 2000, in Book 416 of Maps at page 1, Official Records of Contra Costa County, State of California, are ACCEPTED as complete. RESOLUTION NO. : 20007 539 SUBJECT: Accept Completion of Improvements for Subdivision 8255, San Ramon area. DATE: December 5,2000 PAGE: 2 Road Name Road-&W Widths Road No. Lengjhs (Met-ors) Mediar Drive 11.0/17.000 M n/a 28.471 Velvetleaf Circle 11.0/17.000 M n/a 458.736 BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established, and the $4,200.00 cash deposit (Auditor's Deposit Permit No. 337456, dated September 7, 1999) made by Shapell Industries of northern California and the performance/maintenance surety bond rider for $62,610.00, Bond No. 929097492 issued by American Casualty Company of Reading Pennsylvania be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. I hereby certify that this is a true and correct copy of an action talon and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: DECEMBER 5" 2000 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By Deputy JC:lap G:iGrpDatalEngSvc\BO\2000\B0 12.5-p0.doc Orlgingtora Public Works(ES) Contact: Teri Rae(313-2358) cc, Public Works -Tax I.D.95-257-8030,Accounting -R.Bruno,Construction Div. Recorder(via Clerk),then PW Engineering Services Shapell Industries of Northern Califnraig Attn: Chris Truebridge,Steve Savage&Sam Worden 100 North Milpitas Blvd.,Milpitas,CA 95035 American Casualty Company of Reading Pennsylvania 21650[,Oxnard Street,Ste.760,Woodland Hills,CA 91367 Joye Pukuda,City of Satz Ramon t Executed in Triplicate SURErY Tract 8255 Increase -Decrease Rtdsr TO BE ATTACHED TO and form part of Bond Number ,_.. .,±29.0.97 492..... _ issued by the American Casualty Company of Reading, PA as Surety,on behalf of Shapell Industries of Northern California,A Division of Shapell Industries, Inc. Of Milpitas, CA hereinafter referred to as the Principal, and In favor of County of Contra Costa of Martinez, CA _ hereinafter referred to ars the Obligee,effective the day of, September 1999 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it Is understood and agreed that effective the_r5th day of December , 2000 ,and subject to all the terms, conditions and limitations of the attached bond the penal sum thereof shall be and the same Is hereby decreased from the sure of Four Hundred Seventeen Yhousand Four Hundred no/100 (Performance Only) Sixty Two Thousand Six Hundred Ten no/1 Dollars( $417,400.00.--),� to the sum of .._ x y (Performance Only) . Dollars( $62,610.00 ) IT IS FURTHER UNDERSTOOD and agreed that subject to all the terra, conditions and limitations of the attached bond, the �ts RP! Hit+of the Surety for ny toss occurrhw Chlor to sold date shall not exceed the sum of Four un red 5ev nteen Thousand Dour Hundred no 1 0 (Performance Only) Dollars( $417,400.00 ) or far any toss occ;Zn subee went to said date shall not q ad the sum of Sixty Two Thousand Spix Hund�ed Ten no/100 (Performance OnlyT Dollars( $62,610.00 In no event, however, shall the aggregate liability of the Surety wwoed the larger of the aforementioned sums, It being the Intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATED this 16th day at November 2000 Accepted By: Shapell Industries of Northern California, County of Contra Costa a Division of Shapell Industries, Inc. (Principal) $ By, American,01asualty Company of Reading, PA (Surety) B : h', (Seal) SUR-23169-D /' Sandra V. Hanner Attomey-In-fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know Ali Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corpora(herein collectively called'the CCC Surety Companies'),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint BeveMy A Hall,_Sandra V. Hannojndividually-_ - of Sherman Oaks, California their true and lawful Attomey(9)4n-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings end other obligatory Instruments of similar nature In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attomey,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the revere hereof, duly adopted,as indicated,by the Boards of Directors of the corporations. ` In Witness Whereof,the CCC Surety Company have caused thess presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 28th day of October 1998 *VA1', CONTINENTAL CASUALTY COMPANY Ott *)S NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA SEAL i irl'1 Marvin J.Cashion Group Vice President State of Illinois,Courcy of Cook,as: . On this 28th day of October 1998 ,before me personally came Marvin J.Cashion,to me known,who,being by me duty swum,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE'INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrumerit;that he knows the seals of said corporations;that the saals affixed to the said Instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name theraM pursuant to like authority,and acla same to be the act and deed of said corporations, t!o?A1tY rUt ue My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE I, (clary A.Ribikawakis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify thatthe Power of Attorney herein above sat forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof Ie hereunto subscribed my name and affixed the seals of the said corporations this 16th day of —November 2000 YAWRCONTINENTAL CASUALTY COMPANY ODrvw— NATIONAL FIRE INSURANCE COMPANY OF HARTFORD ortAMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA SEAL 17 Mary A. Ribikawskis (Rsv.10/1 f97) Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Powe'of Attorney vas made and executed pursuant to and by authority of the following By-Law duly adapted by the Board of Directors Of the Company. "Ardole iX- ecutlon of Documents Section 3.Appointnernt of Attorney-in-fact The Chairman of the Baird of Directors,the President or any Executive,Seng or Croup Vhae President may,from time to time,appoint by written certiticetes at mToys4n-fact to act in behalf of the Company in the execution of polies of insurance,bonds,undertakings and other obligatory instruments of like suture.Such attorneys-in-fact,subject to the iirnitrr&m set forth in their respective certificates of authority,shalt have full power to bind the Company by their$ice and eaecution of any such inatrumants and to attach the sad of the Company thereto.The Chairman of the Band of Directom,the President or any eve,Senior or Group Via President or to Board of Directors,may,at any time,revoke all power end authority previously given to any attorney-in-fact.' This Power of Attorney is signed and sealed by foceirrdle under and by the authority of the following Resolution adopted by to Board of Directors of the Company at a Wresting duly called and held on the 17th day of February,1993. 'Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the sad of the Company may bs effaced by facsimile on any power of attorney granted pursa«aint to Section 3 of Article IX of the By-Laws,and the signsture of the Secretary or an Assistant Seovi aery and the well of the Company may be~by facsimile to any owtkw to of any such power and any pourer or certificate bearing such facsimile signature and seal shall be valid end binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with reaped to any bond or undertaking to which it is attachad,continue to be valid and binding on the Company.' ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This power of Attorney is made and executed pursuant to and by authority of the following By-Law duty mad by the Board of Directors of the Company. "Article%— eoudcn of Obligations and Appolntrnent of Attorney-In-Fact: Section 2.Appointment of Attomey-in-fact The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by writtaen certificates attorieyw4n-140 to act in behalf of to Company in the execution Of policies of insurancae,bands,undertakings and other obligatory Instruments of like nature,Such atliameya-in-fact,subject to the limitation set forth in their respective certificates Of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seat of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke ail power and authority Previauedy Owen to any attorney-ori-faW This Power of Attorney is signed and seaW by faceimNe under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. .Resolved,beat the signature of the P or any Executive,Senior or Group Vice President and the seal Of this Company may be aaffixed by facsimile on any power of attorney granted pursuant to Section 2 of Article Vf of the By-Laws,and than sourtaurs of the Secretary or an Assistant Secretary and the seal of the Company may be aft od by facsimile toany certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and Beefed and cartified by certificate sea executed and sailed shell,with respect to any bond or undertaking to which it is attached,continua to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duty adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,aaprpoint,by written certificates,Attomeya-in-Fant to act in behalf of the Corporation in the execution of ' of Insurance,bonds, undertakings and other obffgstory instruments of like nature.Such A#omey-in-Fact,subject to the&TAntions set forth In their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such Instrument and to attach to seal of the Corporation thereto.The President,an Executive Vice Presklorrt,any Senior or Group Viae President or the Board of Directors may at any time revoke all power and authority,prey dusty given to any Attorney-in-Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adapted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. 'RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the t of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Dirseto s on February 17, 1993 and the signidure of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by faoeimile to any cortlicate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding an the Corporation.Any such power so exemrted and sealed and tartified by oartificate so executed and acted,steal)with reaped to any band or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of CALIFORNIA County of LOS ANGELES On November 16, 2000 before me, B. Hall-Notary Public Data NAME, TITLE OF OFFICEF{., 'JANE OOE, NOTARY PUBLIC` Personally appeared Sandra V. Hanner NAME($)OF SIGNER(S) { x ) personally known to me —OR — (_,.} proved to me on the basis of satisfactory evidence to be the person{) whose name(*ishtrisubscribed to the within instrument and acknowledged to me that Wshetlf W executed the same in WWherlltxkt authorized capacttyyovs� and that by NWher/W signatureo) on the instrument the person(g), or the entity upon behalf of which the person{e) acted, executed the instrument. g, ALL WITNESS my hand and official seal. _ Commisslon# I ISARnbp� LL Notcrry Public-Collfornia _ &d LCs Angeles County SIGNATURE OF NOTARY My Comm.Spires Jun 14,2M2 OPTIONAL Though the data below Is not required by law, It may prove valuable to persons relying on the document 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 ( } ATTORNEY-IN-FACT NUMBER OF PACES TRUSTEE{S} { �) GUARDIAN/CONSERVATOR {..�) OTHER DATE OF DOCUMENT SIGNER I$ REPRESENTING: NAME OF PERSON(S8 OR ENTITY(IES) American Casualty am any of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT, - - �n - - - - - - - - - - State of California County of Santa Clara On before me, Linda A. Fluken, Notary Public oat# Nome and Tittle of Officer(e.g.,`.fans 1300,Notary Public") S personally appeared J. Christian Truebridge Nartw(a)0f Signer(s) personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(*) whose name(*)€dare subscribed to the within instrument and acknowledged to me that heA*eAha*executed the UNphA.RAAMM same in hisf#terflhaitwauthorized capacity#e&),and that by cCrrtxt>fwri e t ipm hisAw 4l;ek signature(et)on the instrument the person(s), Noftypow-CoMk"ft or the entity upon behalf of which the person(*) acted, 3wft grace cry executed the instrument. rwrccfr,m90w0Ccf236Moi WITNESS my hand and official seal. Stgnatura f Notary Public "S 5 OPTION Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another,document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ' 9i Corporate Officer 0 Corporate Officer Title(s): Title(s): ❑ Partner­_7 Limited ❑General ❑ Partner--❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Pact ❑ Trustee ,t ❑ Trustee Guardian or ConservatorE-1Guardian or Conservator Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01995 National Notary Association•8238 Remmet Ave.,P.0,Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder;Calf Toff-Free 1.900.875.6827 Recorded at the request of. Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 5,2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND GERBER NOES: NONE ABSENT: NONE * ABSTAIN: NO S District V Seat is vacant) RESOLUTIONNO.: 2000/ .540 SUBJECT: Accept Completion of Improvements for Subdivision 8254, San Ramon area. The Public Works Director has notified this Board that the improvements in Subdivision 8254 have been completed as provided in the Subdivision Agreement with Shapell Industries of Northern California heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of October 11, 2000 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SI TRETY August 17, 1999 American Casualty Company of Reading, Pennsylvania BE IT FURTHER RESOLVED the payment (labor and materials) surety for $678,000.00, Bond No. 929097462 issued by the above surety be RETAINED for the six month lien guarantee period until April 11, 2000, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. RESOLUTION NO. : 2000/,540 SUBJECT: Accept Completion of Improvements for Subdivision 8254, San Ramon area. DATE: December 5, 2000 PAGE: 2 BE IT FURTHER RESOLVED that S. Chanterella Drive, Alisma Court, Chilense Court, Ustilago Drive, Ustilago Court, Levant Court, Helicon Court, and Bollinger Canyon Road, hereinafter described roads, as shown and dedicated for public use on the Final Map of Subdivision 8254 filed August 30, 1999, in Book 414 of Maps at page 34, Official Records of Contra Costa County, State of California, are ACCEPTED as complete. Road Name Road-R/W Widths _ Lengths (Miles) S. Chanterella Drive 56' 0.31 mi Alisma Court 56' 0.07 mi Chilense Court 56' 0.07 mi Ustilago Drive 56' 0.29 mi Ustilago Court 56' 0.06 mi Levant Court 56' 0.06 mi Helicon Court 56' 0.07 mi Bollinger Canyon Road 186' 0.69 mi BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established, and the $13,697.00 cash deposit (Auditor's Deposit Permit No. 335763, dated July 30, 1999) made by Shapell Industries of Northern California and the performance/maintenance surety bond rider for $203,400.00, Bond No. 929097462 issued by American Casualty Company of Reading, Pennsylvania be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. JC:kw:lap G:\GrpData\EngSvc\BO\2000\SLTB8254.doc ATTESTED: I)FCFME3ER S._ 2000 Originator: Public Works(ES) PHIL BATCHELOR,Clerk of the Board of 8upervisors and County Administrator Contact: Teri Ric(313-2363) cc: Public Works Tax I.D.95-2578030,Accounting R.Bruno,Construction BY Deputy J.Florin,M&T Lab Maintenance Recorder(via Clerk),then PW Engineering Services Shapell industries of Northern California, Atilt: Chris Truebridge,Sam Worden&Steve Savage 100 North Milpitas Blvd.,Milpitas,CA 95035 American Casualty Company of Reading,Pennsylvania P.O.Box 4132,Woodland Hills,CA 91367 Joye Fukuda,City of San Ramon Executed in Triplicate OVA suREry Tract 8254 Crest Bridge Inemasss-Uscmase Mder TO BE ATTACHED TO and form part of Bond Number .„„929 097.462_..`.. ..,._ issued by the American Casualty Company of Reading, PA as Surety,on behalf of Shapell Industries of Northern California,A Division of Shapell Industries, Inc. of Milpitas, CA hereinafter referred to as the Principal, and in favor of Count of Contra Costa of. ..- Martinez, CA ._....... .. ..... . .. .. ..�.. .. ...___.. .. . . . ._. ,... ...... -- -”. hereinafter referred to as the Obligee, effective the p 28th . ,day of. Julyj 1999 IN CONSIDERATION of the premium charged for the attechad bond and other good and valuable consideration it Is understood and agreed that effective the_.ith day of . December r 2000 ,and subject to all the terms, conditions and limitations of the attached bond,the panel sum thereof shallb and the sa Is hereby decreased from the sum of One Million Three Hundred Fifty Six Thousand no/100 (lrerformance niy) _.�_...._. Dollars( 1 356 000.00 )r to the sum of .Two Hundred Three Thousand Four Hundred no/100 (Performance Only) Dollars( $203,400.00 � IT IS FURTHER UNDERSTOOD and agreed that sub)ect to all the terms, conditions and limitations of the attached bond, the are�ate ilabiifty of the Surety for an lass occurrin prior to said date ahaq not exceed the sum of On ill�on Three Hundred Fifty Six Thousand no/10U (Performance Only) __.__._..... . .... .....�... Dollars( $1,356_000.00 ) or for any lose occurring subsequent to said date shall not exceed the sum of y) 12914-00.0%.— In 203 400.00 Two Hundred Three Thousand Four Hundred no/100 (Performance n Dollars( $ ..4,. .). In no event,however,shall the aggregate liability of the Surety wmeed the larger of the aforementioned sums, It being the Intent hereof to preclude cumulative liability. SIGNED, SEALED AND DATED this 16th day of November 2000 Accepted Sy: Shapell industries of Northern California, County of Contra Costa a Division of Shapell industries, Inc. (Principal) Ail BY: (Seal) American Casualty Company of Reading, PA (Surety) By. (Seal) SUR-23169-D /Sandra V. Hanner ;limey-in-fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT "ave All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety Company"),aro duly organized and existing corponations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and Seale herein affixed hereby make,oonstituls and appoint Eeverly A. Hao,Sandra V. Harmer, Individually of Sherman Oaks,California their true and lawful Attorney(s)-in-Fact with full power and authority hereby oonfwTW to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory Instruments of similar nature -In Unlimited Amounts-, and to bind them thereby as fully and to the same extent as if such hirtrumente were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as Indicated,by the Boards of Directors of the corporations. In Witness Wherscif,the CCC Surety Companies have caused these presents to be signed by their Group Viae President and their corporate seals to be hereto affixed on this 28th day of October , 1988 CONTINENTAL CASUALTY COMPANY ty t d "A` NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA AKY SEJIt.. t �• 1i17 +Ip1�eT' Marvin J.Cashion Group Vice President State of Illinois,County of Cork,as: On this 28th day of October 1898 ,before me personally came Marvin J.Cashion,to me known,who,being by me duly swam,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE'INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument~that he knows the seals of said `ons;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to Oka authority,and acknowledges seme to be the act and deed of said corporations. tNOTAW pilaue My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE 1, Mary A.Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is stili in fame,and further oorttfy that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverap twoof are stili in force. In testimony whereof 1va this J-6t11 day of November 2 90.hereunto subscribed my name and affixed the seals of the said corporations VisoCONTINENTAL CASUALTY COMPANY ts' ti. 0dP-- AMERICAN srNATIONAL FIRE INSURANCE COMPANY OF HARTFORD CASUALTY COMPANY OF READING,PENNSYLVANIA tiEJIL trre7 Mary A. RiblkawskisAssislant Secretary (Rev.1011/97) r` Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of Directors of the Company. "Article 0(—Execution of Doewnents Section 3.Appointmont of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vise President may,from time to t mo,appoint by written oartiflostes attomeys,4n-fact to act In behalf of the Company in the execution of policies of insurance,bonds,undertakings akings and other obligatory instrumerrts of like nature.Such atiorneye-im-fact,subject to the limitations sat forth in their respective oertifioeteae of authority,shall have full peer to bind the Company by their signature and execution of any such ino rurments and to attach the seal of the Company thereto.The Chairman of the Board of Dkodors,the President or any Executive,Senior or Group Vise President or the Board of Directore,may,at any time,revoke all power and authority previously given to any attomay4n-fact" This Poway of Attorney is signed and"clod by%=m€le under and by the authority of the following Resolution adopted by the Board of Directors of tura Company at a mooting duly called and half on the`17th day of February,1993. 'Raraolved,that the signature of the President or any Executive,Senior or group Viii President and the seal of the Company may be ~by facom€lo on any power of attorney granted pursuant to Section 3 of Artois tX of ttreo By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile simile signature and seal shall be valid end binding on the Company.Any such power so executed and sealed and oortlflod by certificate so exacuted and sealed shall,with rasped to any bond or undartrking to which it Is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the lbftMng By-Law duly adopted by the Board of Directors of the Company. "Article V! ,Execution of Obligations and Appointment of Attorney-ln-Fact Section 2.Appointment of Attorney-In-tact.The Chairman of the Board of Directors,the President or any Executive,Senor or Group Vmae President may,from tims to time,appoint by written certificates attorneys-ln-fact to act in behalf of the Company in time exemition of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such stlorr oys»mifect,subject to the timitatiorrs set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such Instruments and to attach the sea!of the Company thereto.The President or any Executive,Senior or Group Viae President may at any time revoke all power and authority previously given to any attorney-n-fact' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors,of the Company at a meeting duly called and heli on the 17th day of February, 1993. *Rosolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Artois V!of the By-Laws,and the signature of the Secretary or an Assistant Secrah"and the seal of the Company may be affixed by facsimile lo-any certificate of any such power and any power or certificate bearing such faxsimite signature and scat shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and*sled shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attomey is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. 'RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,AV=noyaoin-Feat to act in behalf of the Corporation in the execution of policies of Insurance,bonds, undertakings and other obligatory Instruments of like nature.Such Attomey4n-Fact,subject to the limitations sat forth in their moped" cortificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the"of of the Corporation thereto.The President,an Executive Vice Prosideert,any Senior or Group Vice P reside rd or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact' This Power of Attorney in signed and aeated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a mooft duly called and held on the 17th day of Feb"", 1993. 'RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facerride on any power of attorney granted pursuant to the Resolution adapted by this Board of Directors on February 17,1993 and the . m of a Secretary or an Assistant Secretary and the seat of the Corporation nary be of od by facsimile to any certificate of any such power,and any power or cortificsts bearing such facalm€lo signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by corfficate so executed and sealed,shall with rasped to any bond or undertaking to which It is atty ohod,continue to be valid and binding on the Corporation." i State of CALIFORNIA County of LOS ANGELES On before me, N r 16, 2000 B. Hall- Notary Public , Date NAME,TITLE OF OFFICER,."JANE DOE, NOTARY PUBLIC* personally appeared Sandra V. Hanner NAME(S)OF SIGNER(S) {X) personally known to me–OR – (—) proved to me on the basis of satisfactory evidence to be the persona) whose name(*ishanstubscribed to the within instrument and acknowledged to me that Mdshet tw*executed the same in Ift/her/t1 k authorized capacityoove and that by Pl•IIiI/her/W signature(s) on the instrument the person(a), or the entity upon behalf of which the person(O acted, executed the Instrument. 8.HALL WETNESS m hand and official seal. Commtsston# 1186926 Notary Public-Colifamlo Los Angeles County SIGNATURE OF NOTARY amycomm.Bonsiu�,u,2(102 OPTIIONAL. Though the data below Is not required by law, It may prove valuable to persons relying on the document 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 {i,} GENERAL (X) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) (�) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING. NAME OF PERSON(S) OR ENTITY(IES) American CasualCompany of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE 0.107430-e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara Linda A. Fluken, Notary Public Can before me, , ( Data Name and Title of Ofter(a.g.,"Jana Doo,Notary Public") personally appeared J• Christian Truebridge ,{ Narrw(a)of Signer(%) f personally known to me–OR– `proved to me on the basis of satisfactory evidence to be the person(e) whose name(sr) 1&4m subscribed to the within instrument and acknowledged to me that heAOmWthep executed the same in hi&+"w4+ear authorized capacity(ie*,and that by UNl7l►A.FtUKEN hi &4hek_•signature(a)on the instrument the person(%), ,,fin% t 130356 or the entity upon behalf of which the person{c} acted, f INN -caffic ffft executed the instrument. LIPSoft Ckra Ccx * r NNCcxrun•l~ 1nelsUet23,ltlriE WITNESS my hand and official seal. C; Signature of Nflary public OPTIONA } ? Though the information below is not required by law,it may prove valuable to persons raying on the document and could prevent �1> fraudulent removal and reattachment of this form to another document. Description of Attached Document r Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity{les} Claimed by Signer(s) r Signer's Name: Signer's Name: C] Individual Z] Individual Corporate Officer 0 Corporate Officer �5 Title(s): Tltle(s): 7, Partner—7, Limited 7 GeneralPartner�- Limited Ci General Attomey-in-Fact 0 Attorney-in-Fact El Trustee C Trustee Guardian or Conservator a 0 Guardian or Conservator 7 Other: Top of thumb here 0 tither: Top of thumb hart Signer Is Representing: Signer is Representing: 01085 National Notary Association•8236 Remmat Ave.,P.O.Sox 7184 Canoga Part,CA 91309-7184 prod.No.6907 Reorder:Call Toll-Frac 1.800.978-6627 CONTRA COSTA Co Recorder Office Recorded at the request of. STEPHEN L, WEIR, Clerk-Recorder Contra Costa County DOC— 2000-0275164-00 Public Works Department Engineering Services Division Chock Number Return to: Thursday, DEC 07, 2000 00:07:40 Public Warks Department FRE $9.00 Engineering Services Division I t l Pd $0,0@ Nbr-HOO 89409 rre/FAQ/1-2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on December 5,2000 by the following vote: AYES: SUPERVISORS GIOIA, UILICEMA) DESAULNIER AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NON District V Seat is vacant) RESOLUTION NO.: 20001 540 SUBJECT: Adept Completion of Improvements for Subdivision 8254, San Ramon area, The Public Works Director has notified this Board that the improvements in Subdivision 8254 have been completed as provided in the Subdivision Agreement with Shapell Industries of Northern California heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of October 11, 2000 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: 12ATE OF AGEMENT NMS; Off'BA,XLS1= August 17, 1999 American Casualty Company of Reading,Pennsylvania BE IT FURTHER RESOLVED the payment (labor and materials) surety for $678,000.00,Bond No. 929097462 issued by the above surety be RETAINED for the six month lien guarantee period until April 11, 2000, at Which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. RESOLUTION NO. : 20001.540 SUBJECT: Accept Completion of Improvements for Subdivision 8254, San Ramon area. DATE: December 5,2000 PAGE: 2 BE IT FURTHER RESOLVED that S. Chanterella Drive, Alisma Court, Chilense Court, Ustilago Drive, Ustilago Court, Levant Court, Helicon Court, and Bollinger Canyon Road, hereinafter described roads, as shown and dedicated for public use on the Final Map of Subdivision 8254 filed August 30, 1999, in Book 414 of Maps at page 34, Official Records of Contra Costa County, State of California, are ACCEPTED as complete. Road Name Road-&W Widths s Lengths Iles) S. Chanterella Drive 56' 0.31 mi Alisma Court 56' 0.07 mi Chilense Court 56' 0.07 mi Ustilago Drive 56' 0.29 mi Ustilago Court 56' 0.06 mi Levant Court 56' 0.06 mi Helicon Court 56' 0.07 mi Bollinger Canyon Road 186' 0.69 mi BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established, and the $13,697.00 cash deposit (Auditor's Deposit Permit No. 335763, dated July 30, 1999) made by Shapell Industries of Northern. California and the performance/maintenance surety bond rider for $203,400.00, Bond No. 929097462 issued by American Casualty Company of Reading, Pennsylvania be RETAINED pursuant to the requirements of Section 944.406 of the Ordinance Code until release by this Board. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. JC.kw3ap G:\GrpDatalEn&Svc\00\20001SUB9254.doc ATTESTED: T)FCFMER -5 20M Originator: Public Works(ES) PHIL BATCHELOR,Clt rk of the Board of Supervisors and County Administrator Contact. Teri Ric(313.2363) cc: Public Works -Tax LD.95-2578030,Accounting -R.Bruno,Construction BY Deputy -J.Florin,M&T Lab Maintenance Recorder(via Clark),than PW Engineering Services Shapell Industries of Nordwm California, Atm: Chris Truebridge,Sam Warden&Steve Savage 100 North Milpitas Blvd.,Milpitas,CA 95035 American Casualty Company of Reading,Pennsylvania P.o.Box 4132,Woodland Hills,CA 91367 Jaye Pukuda,City of San Ramon THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 5, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAUL.NIER AND GERBER NOES: NONE ABSENT: NONE z, ABSTAIN: NONE *(District V Seat is vacant) RESOLUTION NO.: 20041 Sly] SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 980004, Walnut Creek area. The following documents were presented for Board approval this date: I. Map The Parcel Map of Subdivision MS 980004, property located in the Walnut Creek area, said map having been certified by the proper officials; II. Subdivision Agreement A subdivision agreement with Ron and Virginia Lukkes, subdivider. Accompanying said subdivision agreement is security guaranteeing payment as follows: Surety Bond Bond Company: Indemnity Company of California Bond Number: 8657115 Date: November 10, 2000 Labor&Materials Amount: $31,650.00 Principal: Ron and Virginia Lukkes The required improvements for this subdivision have been completed. No performance bond is required. RESOLUTION NO. : WOO/ 541 SUBJECT: Approval of the Parcel Map and subdivision Agreement for Subdivision MS 980004 DATE: December 5, 2000 PAGE -2- III. Tax Letter A letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2000-2001 tax lien has been paid in full. THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans; 2. That said Parcel Map is APPROVED. 3. That said subdivision agreement is also APPROVED. 4. That the improvements are accepted as complete and the payment Tabor and material) surety will be RETAINED for the six-month lien guarantee period until June 5, 2001, at which time the Clerk of the Board is AUTHORIZED to release the surety, less the amount of any claims on file. I hereby certify that this is a true and correct copy of an action taken o:1GrpD&taysngSvc\BO\2000\m \MS980004.doc and entered on the minutes of the Board of Supervisors on the date ro:Iap shown. orlglaator:Public Works(PS) Contact: Rick Lierly(313-2348) cc, Public Works-R.Brum,Construction ATTESTED: DECEMBER S, 20{70 Current Planning,Community Development PHIL BATCHELOR,Clerk of the Board of Supervisors and r--1211101 County Administrator Ron&Virginia Lukkes, 699 Nbtthgate Road,Walnut Creek,CA 94598 Indemnity Company of California, 3100 oak Rd.,Ste.260,Walnut Creek,CA 9459 By Deputy ' li 1i R } { r; i f-♦ ; •# =^�'t1 r'• # # f'► IRA. f . x i ► •i „ • � ► r• • f /f • +# R ! i# # - '# +^eiif i 1 # # '. f i - 1.• f - !4 PAW")III ... ' ,Iiia.: :s1♦ r S i • « 4 «k.. s# ;I•,!!t ♦. `t:si.Yl.�t ..e# .'�•.f` � .. a '..f a = ^#t:. '► ! !x « 4 1 y a ► f ! f i Vi !bit JEO)IN"L fill'ist-im Mil f . f :i1 • / f f .++w• f k ; ii w • w.1 .Mf ♦ 1 • ♦ # 1 : .i 1 • ! 1 f 1. f •# t,+f♦ •e+ 1 ♦ t Alit -.1a.70 - • t f a • :a 1 # • WO]w R- ►. f r f 1 *^ 1 • �. 1 ! ♦ /. w.,f.•".M : ►^ta; i ♦ t 1 ""� i i .• Wil/ 1 • i ! # • Ix ♦ x t #; ## f"��trf .1xf r' x f :! I w 1 1 f. ri i-�•x 1 ► . • x x 1 f"'►'♦ xx ii • ♦ # f 4 r! ! +' —'f !1 • M -:f •) • M 1 If I4 ff ! 1 "14-M # �f «. i f f # 4 s; *Tv 9 1 flow 1 6 f 145 .; ♦ f ♦ ► i 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 refarod to in the aforesaid Civil Code for meals furnished or labor thercon 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 act 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, includirig 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 expressly stipulated and agreed that this bond shall inure to the besrafit of any and all persona,companies and ccrrposrations untitled to file claims under Title 15(comnu cing with Section 3052)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to thorn or their assigns is any suit brought upon this bond. Should the condition of this bond be hilly pa*rmed than this obligation shall become null and void, otherwise it shall be and main in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to matte 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. MNED ANDSEALED on November 10 2000 PRINCIPAL: Ron and Viriginia Lukkes_ SL T'Y: Indemnity Company of California AddreaS: 699 Northaate Road Address: 3100 Oak g2ad gte. 26Q City- Walnut Creek Zip; 94598City: Walnut Creek Zip: 9t 596 Print Name: s /kid sa PntName; Jocelyn Y. Quirt Title: nk4, .,Ovg- Title: , Attorney-In-Fact t.� �1!'Mti�liA.R�ATAb�taSPano�i�HN N�ON•t�.,iao 1Ww.tcrtJ; . POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O.BOX 19725,IRVINE,CA 92623*(949)263-3300 N2063211 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,2002, 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records, KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally, but not jointly,hereby make,constitute and appoint ***Frank R. Olsson, Gordon J. Fischer,Jocelyn Y. Quirt,jointly or severally*** the true.and lawful Attomey(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Ten Million Dollars($10,000,000)in any single undertaking;giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 22nd day of December,1998, INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY B A A t"I QU 4DS , By PNsiden SUR4 F.Vincenti,Jr. Dante FI)Vincenti,Jr. President yC C, ATTEST MAR,27 0 1967 cl IF By By Wailer Crowell Walter Crowe Secretary Secretary STATE OF CALIFORNIA )SS. COUNTY OF ORANGE On December 22,1998,before me,C.Hollister,personally appeared Dante F Vincenti,Jr.and Walter Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les),and that by his/her/their signature(s)on the Instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS y hand and official seal. C.HOLLISTER Signature_ COMM.01192815 Z Notary Public-California ORANGE COUNTY emy Comm.Expires AUG.11,2002; CERTIFICATE IN a- The undersigned,as Senior Mae President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Moo President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains In full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate, This Certificate is executed In the City of Irvine,Callfornia,this-LO—th day of­A0_VeMber, 2000 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 13Y AA OCT.S sfi By— R,1 William T.Sharer 1067 William T.Sharer Senior Vice President Senior Vice President ID-314 REV.(12/98) , STATE OF California SS. COUNTY OF to t"3n before me, Vicki L.Delbridae. Notary Public PERSONALLY APPEARED Jocelyn Y Quirt personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatured s) on the CW" �` iew instrument the person(s),or the entity upon behalf of which irt•1 the person(s)acted,executed the instrument cwft cwo AM.= WTI'NESS my hand and official seal. Signature` s This arae for©!ficial Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SSI U DESCRIPM OF ATTACHED DMMEX T 0 INDIVIDUAL CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT PARTNER(S) 0 LIMITED E3 GENERAL R ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) ® GUARDIAN/CONSERVATOR G� OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: tet€OF PERSOMM OR E"WOE% indemnity Companyof Callfctr'nia SIGNER(S)OTHER THAN NAMED ABOVE ID-C81 ate.W94 ALL-PURPOSE ACKNOWLEDGEMENT Tax tolisctor's om ee Wliilam J,Poliseek 825 Cqurl Street Contra County Treasurer-Tax Collector Finance Building,Room 100 Ca P.O.Box 831 Joseph L.Martinez Martinez,CaMomla 94553-0083 County Assistant Tax Collector (925).64"122 (925)6464135 FAX Joslyn Mitchail Tax Operations Supervisor sr� 11114!2000 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2000,THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: TRACT 1 M.S. CITY T.R.A. 98-004 'WALNUT CREEK 79048 Parcel 1#: 138-100-002-3 and have determined from the official tax records that there are no;unpaid County taxes heretofore levied on the property included in the map. The current 2000-2001 tax lien has been paid in full. Our estimate of the 2000-2001 supplemental tax lien is $ 0.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax C Ile for By: i r e