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Home My WebLink AboutMINUTES - 10012002 - C.15-C.19 ell Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 1, 2002,by the fallowing vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NOME ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 5 9 5 SUBJECT: Acceptance of Instrument for Offer of Dedication(Public Utility Easement), for Subdivision 7578, being developed by Toll Land XXII Limited Partnership, A California Limited Partnership, San Ramon area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Offer of Dedication SUB 7578 Toll Land XXII San Ramon III Public Utility Easement Limited Partnership, A California Limited Partnership 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. KD:cw 0:\GrpDa4\EngSvc\B0\2002\10-01-02\SLJB 7578 BO-27.doc Originator: Public works(Es) ATTESTED: OCTOBER 01 2 0 0 2 Contact: Rich Lierly(313-2348) JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Recorder(via clerk)then PW Records County Administrator Current Planning,Corntrnmity Development b � RESOLUTION NO.2002/ 5 9 5 DEPUTY ' h f Recorded at the Request of: CONTRA COSTA Co Recorder Of f ice Contra Costa County STEPHEN l, W��R, Cterk-Recorder PublReturnrtoWorks Departanent _ 00^--0354981--00 Public Works Department DOC Records Section Wednesday, OCT 02, 2002 13:52:21 FRE $0.00 Nbr�-0001076424 Area: att�t��. S$1 �d $0,00 Irc/RS/1 .62 Road: b9vr he.. oti u t?.• Co.Road No.: NIA- VV-QXM a Development No.: 7 L7 ' APN: 2- OLO - 05;'o OFFER OF DEDICATION -- PUBLIC UTILTI'IES EASEMENT Toll Land XXII Limited Partnership,being the present title owner of record of the herein described parcel of land, does hereby make an irrevocable offer of dedication for public use, an easement for public utilities under, on and over the real property situated in the County of Centra Costa, State of California, described in Exhibit "A" (written description) and shown on Exhibit"B"(plat map) attached hereto. It is understood and agreed that CONTRA COSTA COUNTY and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the easement or any improvements thereon or therein. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. The undersigned have executed this instrument on "2&'1''�y -- (Date). TOLL LAND XXII Limited Partnership,a California Limited Partnership By: Toll CA GP Corp.,a o Corporation,its General Partner ichael S.O'llara Assistant Vice President TOLL LAND XXII Limited Partnership,a California Limited Partnership By: Toll CA GP Corp.,a California Corporation,its General Partner .Jon Paynter Vice President (See attached notary) O:\Tracy\Mike 2002\0ffer of Dedication.doe EXHIBIT A LEGAL DESCRIPTION EASEMENT FOR.P.G.&E. POWER TRANSMISSION POLES LOCATED IN THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS' A 10.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF PARCELS "T"AND"D"OF SUBDIVISION 7578 AS SHOWN IN BOOK.415,PAGES 4 THROUGH 12 OF MAPS FILED IN THE OFFICE OF THE RECORDER OF CONTRA COSTA COUNTY,CALIFORNIA, THE CENTERLINE OF SAID STRIP BEING MORE PAR`T'ICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 53 OF SAID SUBDIVISION; THENCE S 37003'23"W 62.12 FEET TO THE POINT OF BEGINNING, THENCE N 48125'17"W 320.00 FEET, THENCE N 41032'39"W 335.00 FEET TO A POINT, SAID POINT ALSO BEING THE TERMINUS FOR.THIS DESCRIPTION. THE SIDELINES OF SAID EASEMENT SHALL BE EX'T'ENDED OR SHORTED AT ALL ABOVE DESCRIBED CENTERLINE ANGLE POINTS TO INTERSECT. EXHIBIT"B"IS HEREIN A PART OF THE DESCRIPTION. END OF DESCRIPTION THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY SUPERVISION, AND CONFORMS WITH SECTION 8726 OF THE BUSINESS AND PROFESSIONAL CODE OF THE STATE OF CALIFORNIA. 8. Robekt Wheat,P.L.S. #5753 - EXP.12/31/03 L 5753 EXE'. 12-31-0 OF CAi.�� PAGE 1 OF 2 C:\iy Docm \PGE TOLL.aoc 48 49 54 51 52 53 S37-03"23 poc 'Y V • 6 1► 9f Eyp • ~6 PQM m Itw 9 f,�2of,l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ) On �- 2 -t , before me, ca r lv , Data Name a ltte of Officer(e.g.,"Jane Doe,Notary Public") personally appeared t G- a.►'`eA.- Names)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are �t�l~iA�r.�d�:. subscribed to the within instrument and CDMA D _ acknowledged to me that helshe/they executed Notaryftw.cautmid, the same in his/her/their authorized ca , and that b �ramc aunty acit ies p Y{- ) Y his/her/their WC7nr;3. iMs..icr:1b, 3 signature(s)on the instrument the person{s}, or -` 7-1 T�' the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seat Above Signatu otary Public OPTIO 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 gate: Margl5er of Pages: Signer(s)Other Than blamed Above: Capacity(les) Claimed by Signer Signer's Name: El Individual lop of thumb here G Corporate Officer—Tit s): Partner—❑Limite General 13 Attorney in Pact ❑ Trustee ❑ Guardian 'Conservator ❑ Other: Signer is Representing: C 1997 National Notary Association•9350 De Soto Ave.,P.O.Sox 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Tof6P ee 14600-676-6627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California aa ss. County of rte? On -7 -2 --t� , before me, � V\- CA'-� , Date tome and Title of Officer(e.g.,"Sane Doe,Notary Public") personally appeared A t%V\ 26-4 d' tl rl- , Name(/)of Signer(a) personally known to me proved to me on the basis of satisfactory evidence t to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed Nps _ 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 my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTI L Though the information below is not required by law, it may prove valuable to parsons 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[late: Number of Pages* Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ' Top of thumb here ❑ Corporate officer----Title(s), ❑ Partner—C1 Limited ❑ neral ❑ Attorney in Fact ❑ Trustee ❑ Guardian or nservator ❑ Other: i Signer Is Representing: ® 1997 National Notary Association•0350 De Soto Ave.,P.O.Box 2402•Chatsworttt,CA 91313-2402 Prod-No.5907 Reorder.,Call Toll-Free 1-800-876-6827 i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on October 1, 2002 by the following vote: AYES: SUPERVISORS 'UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 5 9 6 SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Subdivision 7969, Byron area. (District III) On November 3, 1998,this Board resolved that the improvements in Subdivision 7969 were completed as provided in the Subdivision Agreement and Drainage Improvement Agreement with Land Factors,Inc. and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance. NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to: • refund the$1,000.00 cash deposit(Auditor's Deposit Permit No.290911,dated February 19, 1997)plus interest to Land Factors,Inc.in accordance with Government Code Section 53079 (if appropriate), Ordinance Code Section 94-4.406 and the Subdivision Agreement. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement, Drainage Improvement Agreement and surety bonds are exonerated. PE:cw G:\GrpData\EngSvc\BO\2002\14-01-02\SUB 7969 BO-60.doc I hereby certify that this is a true and correct copy of an action taken Originator: Public works(ES) and entered on the minutes of the Board of Supervisors on the date Contact: Rich Lierly(313-2348) shown. ec: Public Works Accounting,Tax I.D.942425554 J.Florin,M&T Lab -T.Bell,Construction ATTESTED: OCTOBER 01, 2002 P.Edwards,Engineering Services JOHN SWEETEN,Clerk of the Board of Supervisors and County Current Planning,Community Development Land Factors,Inc. Administrator 30 Town and Country Drive Danville,CA 94526 s Developers Insurance Co. B Deputy P.O.Box 19725 �' d' —® p ty Irvine,CA 92714 4 { RESOLUTION NO,20021 5 9 6 Q FITO CEI ViV � ' S.,F3.1 }.;86 z,CM TWIR R.ER. LIi"Vllirlfl PUBLIC,WOW .DEPARD"T ISP d�Rt3ANtZAi'`1CIW N� �. - `13-2376 (For Cash co l6dior~ , 'i412oi nfy A dministraWs sutt$fin-ices.) DESCRIPTION , "D/0k SUB. TAW]"',G7PTK�t!1. A�7S+tTY . AMQ�1N1 ACCT 'SAI-4 OF PLMS & SPECS 0539 9931 $ 83 i :'DO SALES TAX 100304 063 61 1 F'G &'E FWKUI>MACK004678 08tX3 5 969 ' 76' REIM ABATE 004515 2477 SAS 1 891 3U 7476 UA30B HYDRO 047505 9895 REV 60275 450 , 40 ,SUB 7969 BASE ASAP F 004522 9660bJW2 - 450.E 00, PLAN M-V FEE 000651 614q.72 _...... l t 950E 00 i ISI I 77 7,597E 00 819800 0800 1.10 1 . . 1 f 1 is 1 } 1 1 1 1 ENGR SVCS G878302 G878312, ,NO VOIDS DEPOSIT � 17159S i �g ''RUST FUNL}:819800 0800,6878309,$0000,.00,5ub 7969 Cash Perf. Defsoak coxnsists ref the foliowhV ite ns 48 sl s tic CJrg na.y Town Lit1tY Dr. Uanv� g CC7N�Ixi�dCURftENCY $ CA. 94526 Y , : CH1 cKS,MQ;ETC: $I"s e . u "K DEPOSIT$ .: $ K5R AUDITOR-CONTROLLER � Y DEPOSIT PERMIT DP NUMBER DATE 1 ASSIGNM Ttws:amcxxat of nx9w.des&IbM above is for Tres o a t aqp pt,of above; 1S deposit into ffw.County Treasury.' j ackroWled � r 904 y' .� ty THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA. Adapted this Resolution on October 1, 2002 by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 5g 7 SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8564 being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for SUB 8564 located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Soundwall) with Shapell Industries of Northern California, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Soundwall) within one year from the date of said agreement. Improvements generally consist of soundwall. Said document was accompanied by the following: Security to guarantee the completion of soundwall improvements as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $1,000.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 392675, September 10, 2002 SO:cw I hereby certify that this is a true and correct copy of an o:�GrpData\Engsvc\BO\2002\10-01-02\SUB 8364 BO-16.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: Teri Rie(313-2363) cc: Public Works- T.Bell,Construction ATTESTED: O ,Tt?R R Q1 r 9 002 Current Planning,Community Development T—August 2003 JOHN SWEETEN,Clerk of the Board of Supervisors and Shapell.Industries of Northern California County Administrator P.O.Box 361169 100 North Milpitas Blvd. Milpitas,CA 93035 r Attn:Sam Worden&Steve Savage National Fire Insurance Company of Hartford By Deputy 21650 Oxnard Street,#600 ; Woodland Hills,CA 91367 RESOLUTION NO.2002/ 5 9 7 SUBJECT: Approve Subdivision Agreement (Soundwall) for SLS 8564 being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District BD DATE: October 1, 2002 PAGE 2 11, Surety Bond. Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929248004,August 30, 2002 Performance Amount: '$92,500.00 Labor&Materials Amount ;'$46,750.00 Principal: Shapell Industries of Northern California NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Soundwall) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/597 SUBDIVISION AGREEMENT (50L11V6hLL) (Government Code§66462 and§66463) Subdivision: SUB 8564�Pti hbozhno_d ) Principal: Shapes Industries of Northern Califf is Effective Bate: _ f_ � -– Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRRKLPAL Maurice M.Shiu,Public Works Director Shapell Industries of Northern California By: (y'1 11— nwm tile) RECOMMFNDED FOR APPROVAL —r U , �. . By: is �> ' nt Engineering Se ce Division } FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Principal is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Cede§313.) 1. P,4RTIE�&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called" out "and the above-mentioned Print 4,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install soundwalls only 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). Principal 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§§664117 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. IMPROVVEi14ENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Perfb_M=ce ltd Gtw=tee: cash,plus additional security,in the amount:$92.500 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certifier)check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount.$46'750,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. W';th this security,Principal guarantees payment to the contractor,-subcontractors and to persons renting equipment or furnishing labor or rt a f:a s w them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount secunmu44s may be reduced in accordance with§944.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)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. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Principal 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(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall snake whatever changes necessary to the plans 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 Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causint Iiability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Read Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement, and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County, even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,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 Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final trap or parcel map for said subdivision. 1u.IMad CADocwmn;s=1 Settingsksgospodcktity r7oca nW SoundwaI SUB 8564 AG-30.doc Rev, octob.25,3001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT y State of California County of �2, �'> , t' } F r ss. On before me, a:e V •Name and Titia of officer(e.g. Jane Doeh„[�pr personally appeared Names)of Signsr(s) I.Xpersonallyknown to me 3 proved to me on the basis of satisfactory s evidence to be the � person(s) whose name(s)—''Mare subscribed to the within instrument and �' fi;;PZ7commission acknowledged to me that shMhey executed JANSCE T.86;USE the same in i�+�ef{their authorized #1318697 Z capacity(ies), and that by tus�hef/their Notary Public-California signature(s) on the instrument the person(s), or Santa Clara CountyIr the entity upon behalf of which the person(s) My Comm.Evi;ms Aug 24,2005acted, executed the instrument. 7 '-`WA TNESS my hand and official seat. jSignature of Notary Public §I t OPTIONAL ` 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: a E 'Z � 5; k 0 cv Document Date: Number of Pages: r« Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer A ( Signer's Name: F1 Individual i''y i :� '� � rofb here Corpora#e Officer —Title(s) t ❑ Partner—17- Limited F'Generals Attorney-in-Fact Trustee C Guardian or Conservator P 5y� =4z ! p 11Other: Signer Is RepresenYtng: a n u �t� t 1999 Nalional Notary Asscciaoca•9350 De Soto Ave-P.O.Box 2402•Chatsworth,CA 91313-2902•www.nationalnotary.org Prod.No.5907 Asordar:Coil Toll-P:ee 1-800-876.6827 DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER ``TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM iOrga�cwtion} ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bu#letin 105.) DESCRIPTION FUND/C1RCs CT TASK OPTION ACTIVITY AMOUNT TCo G t�� " 0 - -T �,� f.. i 7--100! ! 1 # ! ! ! ! 1 ! 1 1 ! 1 k 1 # f EXPLANATION: C/ ? ." I C� _ >�f ` ``f" TC17AL $ f } - DEPOSIT Deposit consists of the following ignu # COIN and CURRENCY $ t ,; CHECKS,MCL,ETC BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amours is hereby depo't into th County T ury. acknowljeged. Signed: Date T#He Signed. Sighed 'Gr7' 1L �drtr XT ty Cou Duty County Treasurer D-34 REV.(7-93) Edi 1 iZl �� 000649-9665 / 831000: 61108201, 1kA00.00, TR 8685 Soundwal€ Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 440649-9665 / 831000: 61108202,J 100.44, TR 8686 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000682-9752 / 819200: 01093941, 142,00--$00, SUB 7984 Road Improvement Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819840-0800: 61093942, 19.500.00, DA 0014 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 8198003-0800: 61093943, $8,200.00, DA 0016 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 819800-0800: 61093944, $1,.000.00, DA 0017 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 813800-0800: 61093945, 2.000.00, TR 8681 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas,CA 95035 813800-0800: 01093946, 000.00, TR 8682 Cash Bond, Shapell Industries of Northern California, 100 North Milpitasjg rro 19800_0800: 61093947, $1, 00, TRS-Cash Bond, Shapell Industries of Northern �, California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 819800-0800: 61093948, $1,000.030, TR 8631 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 813800-0800: G1093949, $11,�000.t7fJ, TR 8683 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 01093950, $1,000.t30, TR 8684 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 819800-0800: G1108201, 1 000.04, TR 8685 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 9.5035 813800-4800: G1108202, $1,000.001, TR 8686 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093935, $500.00, RS 2704 Record of Survey Map Check Fee, Richard R. Sanchez/Lisa b. Sanchez TTEES OT/Sanchez Family Frust DTD, 601 Union Street, Ste. 3929, Seattle, WA 98101 000649-9665 / 831000: 61093936, 500.014, RS 2705 Record of Survey Map Check Fee, Nordby Construction Company, 3009A Coffey Lane, Santa Rosa, CA 95403 000649-9665 / 831000: 61093937, $500.00, RS 2706 Record of Survey Map Check Fee, Santina & Thompson, Inc., 1355 Willow Way, Ste. 280,Concord, CA 94520 000649-9665 / 831000: 61093942, $46,100.00, DA 0014 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093943, $40,200.tK1, bA 0016 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093944, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 $5,000.00, DA 0017 Plan Check Fee $8,000.00, DA 0017 Inspection Fee 000649-9665 / 831000: 61093945, $5,700.04, TR 8681 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093946,$4,700. TR 8682 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 8 4Lq 000649-9665 / 831000: 61093947, $7,700.04, TR, 84-75oundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093948, $5,500.00, TR 8631 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093949, $5,500.00, TR 8683 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093950, 5 200.00, TR 8684 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 Subdivision: fit 18 A964(NaiUhhnrhnari Ry_raIn Ranch tf Bond No.: 929248004 Premium: $463.00 IMPROVEMENT SECURITY BOND Soundwall FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code H 66499 - 66499.10) 1. RECITAL OF SUBDIVISION AGBEEMBNT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision SUB 85®f4(Neighborhood s)-Gale ranch n , as specified in the Subdivision Agreement, and to complete said work within the time specified for completion in the Subdivision Agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: Shapell Industries of Northern California, A division of Shapell Industries, Inc. as Principal,and National Fire Insurance Company of Hartford ,a corporation organized existing under the laws of the State of CT , 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: Ninety Two Thousand Five Hundred Dollars and 00/100 ($92,500.00 ) for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Forty Six Thousand Seven Hundred Fifty Dollars and 00/900 _Dollars ($ $46,750.00 ) 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. The Condition of this obligation as to Section 2.(A) above is such that if the above bonded 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 null and void; otherwise it shall be and remain in full force and effect. As part of the 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 finely bound unto the County of Contra Costa and all contractors, subcontractors, laborers, material mien and other persons employed in the perforruarice of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for ammunts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in 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 make such alteration without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on August 30, 2002 Shapell Industries of Northern PRINCIPAL: California,A Division of Shapell Industries,Inc. SURETY: National Fire insurance Company of Hartford! Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4 City: Milpitas rZip: 95035 City- Woodland Hills Zip: 91367 By: IV Print Name: Nathan Shape Print Name: Pamela L. Stocks Title: President - Title: Attorney-in-Fact By: Print Name and Title: Margar4tt Bong, cre ry :mw ............................................................................................................................................................................................................................................................................................................................ ............................................................................................................................................................................................................................................................................................................................ POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford, a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called "the CNA 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 signatures and seals herein affixed hereby make,constitute and appoint Pamela L.Stocks, Beverly A.Hall, Sandra V. Hanner, Individually,Individually of Sherman Oaks,California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred 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 there 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 Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the fay-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 25th day of June,2002. c��T gititJt4 au Continental Casualty Company octeure .camorr National Fire Insurance Company of Hartford JtitY it. American Casualty Company of Reading,Pennsylvania J SEAL Yma Michael Gengler Croup Vice President State of Illinois,County of Cook,ss: On this 25th day of June, 2002,before me personally came Michael Gengler to me known,who, being by me duly sworn,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,an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation,and American Casualty Company of Beading, Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations; 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 like authority,and acknowledges same to be the act and deed of said corporations. "OFFICIAL SEAL* DIANE FAULKNER Notory f'ufriic,Stott of Illinois My Commission Expires 9/f 7/05 My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE 1,Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in ford,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this__ Jath day of A�t 2002 Continental Casualty Company 'onetreNational Fire Insurance Company of Hartford `r-Marta American Casualty Company of Reading,Pennsylvania + ' Aky it, U SEAL V, tsar, ar Mary A.Ribikawskis Assistant Secretary (Rev. 10/11/01) 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 duly adopted by the Board of Directors of the Company. „Article IX--execution of Documents Section 3.Appointment of Attorney-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 written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations 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 seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President 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 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 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 seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any 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 sealed and certified by certificate so executed and seated 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 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI—Execut"ton of Obligations and Appointment of Attorney-in-Fact Section 2.Appointment of Attorney-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 written certificates attorneys-in-tact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations 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 seal of the Company thereto.The President or any Executive,Senior or Group Vice President 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 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 seat of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the 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 signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed 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 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,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature.Such Attorney-in-Fact,subject to the limitations 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 the seal of the Corporation thereto.The President, an Executive Vice President,any Senior or Group Vice President 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 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 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 seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seat of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seat shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and seated,shall with respect 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 August 30, 2002 before me, Sandy Banner - Notary Public Date NAME, TITLE OF OFFICER., "JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) {x) personally known to me—OR — (,._,.) proved to me on the basis of satisfactory evidence to be the person(&) whose name(#is/aiwubscr€bed to the within instrument and acknowledged to me that Wshe/itxegiv executed the same in bdr/her/ttic authorized capacity( , and that by MvherJ# signatureo) on the instrument the person(g), or the entity upon behalf of which the person(o acted, executed the instrument. SA DY HANNER Commission#1362157 WITNES }my hand and a seal. Notary Public-California ; Loa Ang eles County y 4�* my Comm.Expires Jul 2,2WS SIGN PURE OF NOTARY OPTIONAL Though the data below Is not required by law, it may prove valuable to persons retying 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 IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA AL.UPURPOSE ACKNOWLEDGMEN`I" State of California ss. tai County of __ Los Anne l es September 3, 2002 Ann Pellant, Notary Public On _ before me, ; Das Name and Title of Office"(e.g.,`crane Ooa.Notary Public') 7 Nathan Shapell and Margaret Leong personally appeared Nams(s)01 Slgnar(s) 65 personally known to me proved to me on the basis of satisfactory evidence r S, to be the person(s) whose name(s) is/are � subscribed to the within instrument and acknowledged to me that- f*efthey executed the same in -#W their authorized capacity(les), and that by -44&A /their A'M4 MUlkNI signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. c4ff M WITNES y hand and official seal. .. Y� 5ignatur c!Notary Public *� OPTIONAL Though the information below is not required by lawn,it may prove valuable to persons relying on the document and could proven! fraudulent removal and reattachment of this form to another document. rod; Description of Attached Document IR Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above:_ Capacity(les)Claimed by Signer Signer's Name: �� •Tap of thumb here F] individual ❑ Corporate Officer—Title(s): _ El Partner—77 i Limited 11 General El Attorney-in..Fact Trustee : L Guardian or Conservator i E-1 Other: --- ,;� Signer is Representing: - �_______1 a 0 1999 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nabonalnotary.org Prod.No.5907 Reorder:ca#Toll-Pres 1-800.876-4627 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on October 1, 2002 by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/5 9 8 SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8631 being developed by Shapell .Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for SUB 8631 located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Soundwall) with Shapell Industries of Northern California, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Soundwall) within one year from the date of said agreement. Improvements generally consist of soundwall. Said document was accompanied by the following: Security to guarantee the completion of soundwall improvements as required by Title 8 and 9 of the County Ordinance Code, as follows: 1. Cash Deposit Deposit Amount: $1,000.00 Deposit made by: `>.Shapell Industries of Northern California Auditor's Deposit Permit No. and Date:392675, September 10, 2002 SO.ow I hereby certify that this is a true and correct copy of an G:\CTrpData\EngSvc1BO\2002\10-01-02\SUR 8631 BO-16.doc action taken and entered on the minutes of the Board Of Originator: public Works(ES) Supervisors on the date shown. Contact: Teri Rie(313-2363) cc: public Works- T.Bell,Construction ATTESTED: OCTOBER 01. 2002 Current planning,Community Development T-August 2003 JOHN SWEETEN,Clerk of the Board of Supervisors and Shapell Industries of Northern California CO Administrator P.O.Box 351169 ' 100 North Milpitas Blvd. Milpitas,CA 95035 Attn:Sam Worden&Steve Savage National Fire Insurance Company of Hartford By — ,Deputy 21650 Oxnard Street,#600 Woodland Hills,CA 91367 f RESOLUTION NO. 2002/ 598 SUBJECT: Approve Subdivision Agreement (Soundrvall) for SUB 8631 beim developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) DATE: October 1, 2042 PAGE 2 II. Surety Bond Bond Company: 'National Fire Insurance Company of Hartford Bond Number and Date: >929248005, August 30, 2002 Performance Amount: '$43,000.00 Labor&Materials Amount: '$22,000.00 Principal: Shapell Industries of Northern California NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Soundwall) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/598 SUBDIVISION AGREEMENT (SWAIPWALL) (Government Code§66462 and§66463) Subdivision: SUES 8631(Neiiihborhood 9) Principal: Shanell Industries of Northern California Effective Date: k" � Q Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNT'S( PRINCIPAL, Maurice M.Shiu,Public Works Director Shapell Industries of Northern California By: (Siguacure} RECOMMENDED FOR APPROVAZ (Yriuct� > � B # t y� (sigEetuce) Engineering Service 'visi E $i g (�� tscte> .� FORM APPROVED: Victor J.Westman,County Counsel (NOTE: ,D signatures to be acknowledged.1f Principal gesture g pal is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS, Principal agrees to install soundwalls only 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). Principal 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, Principal shall, pursuant to Government Code §66494 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $I,000 cash,plus additional security,in the amount:'`$43.000 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount.$22,000,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. W ,l:this security,Principal'guarantees payment to the contractor,subcontractors and to persons renting equipment of furnishing labor or .v then.,or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal, tate arnount s c,ur-ities may bt reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)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. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Principal 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 odier 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(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever chariges necessary to the plans 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 Principal of the obligation to fulfill' this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as- complete scomplete and including the defense of any suit(s),action(s),or other proceedings)concerning said liabilities and claims. C. The actions causi liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal.shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 14. SURVEYS. Principal 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. IL NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County, even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. IN(ORI'OI2ATION/Alti?3EXATION. 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,except as provided in this paragraph,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 Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemehity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel reap for said subdivision. RLID.,ad G:D3 Ujnen.a and Seftia8slsgvsFxx3e;1M}'Dova wnmc SowwlwaWSUB 8631 AG,30.do, Rev. 0�,tolxr 25,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. y County o r _ i On— .._. bel' me, `v " date Name and Title of Officer(e.g.,Jane 4oa bNN r P�bkc 7 personally appeared \S '-'' 1.">-_i-til 'r'> " f s A;a_;D Narre(s)of Signers) prsonally known to me a ❑ proved to me on the basis of satisfactory �'F"• evidence i? to be the persons) whose name(s)-Ware subscribed to the within instrument and acknowledged to me that he�shelthey executed the same insytheir authorized 1C capacity(ies), and that by l hSt Jtheir _ Commission1318697signatures) on the instrument the person(s), or Notary Public_California the entity upon behalf of which the person(s) z zSan4 CIs County acted, executed the instrument, h y�! My Comm-Expires A lg 24,2005 � tN1TNESS my hand and offLGiaf-seal. Signature of Notary Public tai OP Thou h the information below is not required b law,it may rove valuable to persons relying on the document and could prevent k" S 4 Y 5'� P Y 8 P ?" fraudulent removal and reattachment of this form to another document : Description of Attached Document '^ Title or Type of Document ~.h..._ b °t k. i.s. x ✓'s C '_a :., %,: ?„r ra,22 w��.�'...- 5- Document Date: _ Number of Pages: Signer(s)Cather Than Named Above: Capacity(ies) Claimed by Signer V2 Signer's Name- .:.. Individual Top of Thumb here ,Y&-'`corporate Office. —Title(s): ❑ Partner—U Limited L General ❑ Attorney-in-Pact Ci Trustee Ck Guardian or Conservator `l Other: Signer Is Representing:s `j�'� �'� `�'� �s�* '�.Y*�c{i SF Ty".54...:* WtGk"-�'•,��.ni.S'`.��.�� '�TX AX�S' S«- �,nK� _s...-na..::�'r.`�%s,:._,F.��....�:.•�_ �-�.-.r`,r.:3O._:._;, °�.— 5._.. t';._,v.:�=..�:.?.�.--��_\.�,4�_ �"r.�._3tr._.^`^'. �,..r.v 1999 National Notary Associaiiou•9350 Da Soto Ave.,RO.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 aeorder;C&II ToilFree 1-800-676-6827 DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR--CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA - -- RECEIVED FROM ORGANIZATION NUMBER (t�gordzatian) (For Cash Collection Procedures sea County Administrator's Bulletin 105.) DESCRIPTION FUhID/OitCx ACS TASK OPTION ACTIVITY AMOUNT j( r x2360 004 } v G 60 ()C f t � � t { OC( „ } J } } } } } { { } } } } { { } { EXPLANATION: C7I�j --C 7/� C °t' TOTAL DEPOSIT ► Deposit consists of the following 44m } COIN and CURRENCY $ 33l r CHECKS,M.O.,ETC. BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT pfs NUMBER DATE 1 I ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amoun is hereby depo it into thp County Tre ury. acknowl Signed: 1 ISigned: ” �Dep._uty County t 7Tr�easu�rerTitle: D-34 REV.(7�93) I?,—. 000649-9665 / 831000: G1108201, $6,5W.00, TR 8685 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61108202, $5,100.00, TR 8686 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000682-9752 / 819200: 61093941, $42,000.00, SUB 7984 Road Improvement Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093942, $9,500.00, DA 0014 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093943, 8 200.00, DA 0016 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093944, 11,000.00, DA 0017 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1093945, $1,000.00, TR 8681 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093946, $1,000,00, TR 8682 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093947, $1,000.00, TR 8684 Cash Bond, Shapell Industries of Northern California.14C►-I it itas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093948, $1,000.00, TR 8631 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093949, $1,000.00, TR 8683 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093950, 1,000.00, TR 8684 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61108201, $1,000.00, TR 8685 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1108202, $1,000._00, TR 8686 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 - 000649-9665 / 831000: 61093935, $ 00,00, RS 2704 Record of Survey Map Check Fee, Richard R. Sanchez/Lisa D. Sanchez TTEES OT/Sanchez Family Trust DTD, 601 Union Street, Ste. 3929, Seattle, WA 98141 004649-9665 / 8310344: 61493936, $500.00, RS 2705 Record of Survey Map Check Fee, Nordby Construction Company, 3009A Coffey lane, Santa Rosa, CA 95403 000649-9665 / 831000: 61493937, 1500,{30, RS 2746 Record of Survey Map Check Fee, Santina & Thompson, Inc., 1355 Willow Way, Ste. 284, Concord, CA 94520 040649-9665 / 831004: 61093942, $46.100.00, DA 0014 Inspection Fee, Shapell Industries of Northern California, 104 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95435 004649-9665 f 831040: 61093943, $40.200.030, DA 0016 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 004649-9665 / 831400: 61093944, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 00000.030, CSA 0017 Plan Check Fee $8,000.03(} DA 0017 Inspection Fee 000649-9665 / 831000: 61093945, 5700.00, TR 8681 Soundwall .Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093946, 4 703.00, TR 8682 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093947,I7,7'00.00, TR 8684 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093948, 5500.610, TR 8631 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093949, 5 50(3.00, TR 8683 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95435 000649-9665 / 831000: 61093950,JAgOO.00, TR 8684 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 Subdivigon: St 19 963j(Na*Qhhnrhnnd 4)-Gale Ran it Bond No.: 929248005 Premium: $215.00 IMPROVEMENT SECURITY BOND Soundwall FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code H 66499 - 66499.10) 1. RECITAL OF SL!MyisION AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision SUB 863I(Neighborhood 9}-_Gale Ranch 11 , as specified in the Subdivision Agreement, and to complete said work within the time specked for completion in the Subdivision Agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: Shapell Industries of Northern California,A Division of Shapell Industries, Inc. as Principal,and National Fire Insurance Company of Hartford ,a corporation organized existing under the laws of the State of CT , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: Forty Three Thousand dollars and 00/100 ($43,000.00 _ )for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Twenty Two Thousand Dollars and 00/100 Dollars ($ $22,000.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bonded 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 rneaning, 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 null and void, otherwise it shall be and remain in full force and effect. As part of the 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 frrrAy 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 suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in 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 make such alteration without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on August 30, 2002 Shapell Industries of Northern PRINCIPAL: California,A Division of Shapell Industries, Inc. SURETY: National Fire Insurance Company of Hartford Address. 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4 City: Milpitas Zip: 95035 City,..Woa nd Hills Zip: 91367 ^� B�, By: .. _ Print Name: athaell Print Name: Pamela L. Stocks Title: President Title: Attorney-in-t=act By: Print Name and Titl(-Yargar Bong, Se retary 1 f } :mw \TWSI\SILAARDATA1GtpData\EngSvc\ll(rnu B RI}�3N-12 ........................................................................................................................................................................................................................................................................................................................... POWER OF ATTORNEY APPOINTING INDIVIDUAL. ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called "the CNA 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 signatures and seals herein affixed hereby make,constitute and appoint Pamela L.Stocks, Beveri A.Hall,Sandra V. Hanner, Individually, Individually of Sherman Oaks, California their true and lawful Attorneys)-in-fact with full power and authority hereby conferred 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 instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof,duly adopted, as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 25th day of June,2002. cAsj�r sxsat�#f OPA» . " Continental Casualty Company OOWO"Are �1MCOifrOlM4;-(d A National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania €. SEA �uisYoz#, 11 Iasi State of Illinois,County of Cook,as: Michael Gengler Group Vice President On this 25th day of June,2002,before me personally came Michael Gengler to me known,who,being by me duly sworn,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,an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations; 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 like authority,and acknowledges same to be the act and deed of said corporations. "OFFICIAL SEAL" DIANE FAULKNER Notary Public,$tote of Illinois +My Commission Expires 9117/05# �„ My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE 1,Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By=L:aw.and resolution of the Board of Directors of the corporations printed on the ntwe hereof is still in form. In to timony whereof I have � tsftto subscribed my name and affixed the seal of the said corporations this �V 11 day of i GAS '#c� s1tSi1R -- ej � Continental Casualty Company National Fire Insurance Company of Hartford 1. American Casualty Company of eading,Pennsylvania SEAL Isa Iasi Mary A.Ribikawskis Assistant Secretary (Rev. 10/11/01) 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 duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3.Appointment of Attorney-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 written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations 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 seal of the Company thereto,The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President 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 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 held on the 97th day of February, 9993. "Resolved,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 3 of Article IX of the 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 signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed 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 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI--Execution of Obligations and Appointment of Attorney-in-Fact Section 2.Appointment of Attorney-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 written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations 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 seal of the Company thereto.The President or any Executive, Senior or Group Vice President 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 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 held on the 97th day of February, 9993. "Resolved,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 Article Vi of the 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 signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed 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 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,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations 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 the seal of the Corporation thereto.The President; an Executive Vice President,any Senior or Group Vice President 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 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 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 seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect 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 August_ O, 2002 before me, Saxidy Hanner - Notary Public Gate NAME, TITLE OF OFFICER.,"JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) (2L) personally known to me -OR - (—) proved to me on the basis of.satisfactory evidence to be the person(g) whose name(#is/Almubscribed to the within instrument and acknowledged to me that t*she3 .executed the same in taiWher/ttatic authorized capacityo arta that by f I Ther/4 signature(s) on the instrument the person(g), or the entity upon behalf of which the person(o acted, executed the instrument. SANDYHANNEt2 WITN S my hand 40d dfflcial seal commission#1362157 li, *my Notary Public-California Los Angeles County SIGNATURE OF NOTARY Comm.Expires Jul2,2046 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 forret. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT {� } INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED {�.} GENERAL NUMBER OF MAGES ( } ATTORNEY-IN-FACT (�) TRUSTEE(s) (..�.) GUARDIAN/CONSERVATOR ( ..) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING. NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 3 r� u' State of California Los Angeles ss. ` County of On September 3, 2002 J before me, Ann Pell ant, Notary Public Date Name and Tide of Officer(e.g..'Jane Doe,Notary Public) ?. personally appeared Nathan S apt] an Pt^ to Namaw o Sig%e w '�,personaliy known to me ❑ proved to me on the basis of satisfactory evidence '3 to be the person(s) whose name(s)-is/are subscribed to the within instrument and acknowledged to me that WalaWthey executed the same in 4,ti~their authorized Z capacity(ies), and that by 4+ r/their signature(s)natures on the instrument the person(s), or ANN € g ( } p ( ), the entity upon behalf of which the person(s) Q< acted, executed the instrument. . >y r WITNESS myhandandd official seal. 5ignatura of Notary Public OPTIONAL Though the information below is not required bylaw,it may prove valuable fo 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:_._ Dumber of Pages: Signer(s)Other Than Named Above:._ � Capacity(ies) Claimed by Signer Signer's Name: _ ❑ Individual Top of thumb here Corporate Officer—Titie(s): ❑ Partner—_l Limited ❑General El Attorney-in-Fact ❑ Trustee Fl Guardian or Conservator s EJ Other: i 0 1393 Natmal Notary Association+9350 De Soto Ave.,P.C.Box 2402•Chatsworth,CA 91313.2402+www.naionainotary.org Prod.No.5907 Reorder:Call Tolt-Frea 1-800.878-6827 THF BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 1, 2002 by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/5 9 9 SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8681 being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for SUB 8681 located in the San Ramon(Dougherty Valley)area. A Subdivision Agreement (Soundwall) with Shapell Industries of Northern California, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Soundwall) within one year from the date of said agreement. Improvements generally consist of soundwall. Said document was accompanied by the following: Security to guarantee the completion of soundwall improvements as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $1,000.00 Deposit made by: 'Shapell Industries of Northern California Auditor's Deposit Permit No. and Date.392675, September 10, 2002 SG:cw I hereby certify that this is a true and correct copy of an o:\GrpDatalEngSvc\B012002\10-01-02\SU]3 8681 BO-16.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: Teri Rie(313-2363) cc: Public Works- T.Bell,Construction ATTESTED: OCTOBER. 01, 2002 Current Planning,Community Development T-August 2003 JOHN SWEETEN, Clerk of the Board of Supervisors and Shapell Industries of Northern California CountyAdministrator P.C.Box 361169 100 North Milpitas Blvd. Milpitas,CA 45035 Attn:Sam Warden&Steve Savage < National Fire Insurance Company of Hartford By_ y Deputy 21650 Oxnard Street,#600 ' Woodland Hills,CA 41367 RESOLUTION NO.2002/ 5 9 9 SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8681 being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) DATE: October 1, 2002 PAGE 2 II. Surety Band Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929248002,August 30, 2002 Performance Amount: $48,500.00 Labor&Materials Amount $24,750.00 Principal: Shapell Industries of Northern California NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Soundwall) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/599 SUBDIVISION AGREEMENT 0aN c W A L I-) (Government Code§66462 and§66463) Subdivision: SUB 8681 (Neiehborhood 6) Principal. Shapell Industries of Nprthern California Effective Date: Completion Period. I year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CQMA COSTA CCOQNTY PR.INCIF"AAL Maurice M.Shiu,Public Works Director Shapell Industries of Northern California By: cA_"er &i _7�_,A (prim m m.& k)f R1 COMvIENDED FOR APPRQVAL i 0"i_4By: (si um) > Engineering Servi s Division &M 1 FORM APPROVED: Victor J.Westman,County Counsel (NOTE; All signatures to be acknowledged.If Principal is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code§313.) I. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Cour "and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install soundwalls only 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), Principal 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 SECU Upon executing this agreement, principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Perft_riri =air Guarantee- $1 R cash,plus additional security,in the amount.$48.Sf##I which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the forth of; Cash,certified check or cashiers check. X Acceptable corporate surety bond. _„_, Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount:$2=1 presented in the forth.of: .75##,which is fifty percent(SO%)of the estimated cost of the work. Such security is _ Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. 141i'itb,this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or matcuals to tb m or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal, the amount urities:riay€c Qeduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK, Principal guarantees that said work shall be free from defects in material or workmanship and shall perforin satisfactorily for a period of one(1)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. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Principal 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(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans 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 Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SURVEYS. Principal 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. 12. NON-PERFORMANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,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 Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. EfCOIZD MAF. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. C:wam=m used 5e!tiugsl.cgos}ra3eL4Sy Dcxuments\Soundwa!k\SUB 86811 AG-30.do Rev. October 25,2= ........................... .................................................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California "aunty o€ �, 4 On I } " _ before me, Date ._ _ Name and Title of Officer(e.g.,'„ans Dos Nath?ub�ic� ,Y! personally appeared � .- e�' ; t:,.. 4 s 4a _ ; �: .p Yk Names)of Signar(s) impersonally known to me ❑ proved to me on the basis of satisfactory ' evidence to be the person(s) whose name(s) aelare subscribed to the within instrument and ss IANICET. #tuSE acknowledged to me that�they executed the same in Uis�e ltheir authorized Comrnis�lon�13t 8597 ,- Notary Public-California capacity(ies), and that by Iiw~their Santa Clara Ccturrty signature(s) on the instrument the person(s). or My Comm.Expires A g 24,2005 the entity upon behalf of which the person(s) acted, executed the instrument. _\ WITNESS my hand an official Val. _ SS- - Signature of Notary Public 0t 7_10NAL Y; Though the information below is not required by lave 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: e% ,s a.y Lc 3 ' <c R G'Zg` Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: y ❑ Individual f^� 6 � �l Top of thumb here !� corporate Officer—T tle(s)l_ C,s. ❑ Partner—❑ Limited ❑General E ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:___e_� ©1999 Natlonal Notary Association+9350 Ds Soto Ave.,?.0.Box 2402•Chatsworth,CA 91313-2402+www.nationalno!ary.org Prod.No.5907 -�Reorder:Call Tol-Free 1-800.875-6827 •- vv yr yr v yr vawa� ..,vvrrs - DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA ` RECEIVED FROM ORGANIZATION NUMBER (targanla�Aeex,j (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORQ ACCT TASK OPTION ACTIVITY AMOUNT 0.1 v7�" a C c C /hYI I I i I I i i i i I i t I i I r i EXPLANATION: �7/��3 "b 0 y3� -C) °+" TOTAL G DEPOSIT Deposit consists of the following 14M COIN and CURRENCY $ 31, 3 CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D NUMBER IMP SEPIM DATE / ASSIGNED ^, The amount of money described above is for Treasurers receipt of above amount is approved Receipt of above arnoun is hereby / depo it into th County 7repsury, acknowl ged. Signed: 41 Date rr - .. it Signed: Title: X7 -�, d ty Caun uditor Deputy County Treasurer D-34 REV.(7-43) - 000649-9665 1 831000: 61108201, 6500.00, TR 8685 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 i 831000: 6€108202, $5,100.00, TR 8686 Soundwall Inspection Pee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361€69, Milpitas, CA 95035 000682-9752 1819200: 61093941, $42,000.00, SUB 7984 Road Improvement Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093942, $9,500.00, DA 0014 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169,Milpitas, CA 95035 819800-0800: 61093943, $8,200.00, DA 00€6 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093944, $1,000.00, DA 0017 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 #' 819800-0800: 61093945, 1 000.00, TR 8681 Cash Bond, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093946, $1,000.00, TR 8682 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093947, $1,000.001 TR 8684 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093948, $1,000.00, TR 8631 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093949, 1,000.00, TR 8683 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1093950, $1,000.00, TR 8684 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61108201, $1,000.00, TR 8685 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1108202, $1,000.00, TR 8686 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093935, $500.013, R5 2704 Record of Survey Map Check Fee, Richard R. Sanchez/Lisa D. Sanchez TTEES OT/Sanchez Family Trust DTD, 601 Union Street, Ste. 3929, Seattle, WA 98101 000649-9665 / 831000: 61093936, , RS 2705 Record of Survey Map Check Fee, Nordby Construction Company, 3009A Coffey Lane, Santa Rosa, CA 95403 000649-9665 / 831000: 61093937, JAW.00, RS 2706 Record of Survey Map Check Fee, Santina& Thompson, Inc., 1355 Willow Way, Ste. 280, Concord, CA 94520 000649-9665 / 831000. G1093942, $46,100.00, DA 0014 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1093943, $40,200).13 , DA 0016 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 f 831000: 61093944, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 $5.000.03, DA 0017 Plan Check Fee 1§,000.00, DA 00317 Inspection Fee 000649-9665 / 8310030: 01093945, 5,700. , TR 8681 Soundwall Inspection Fee, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 8310030: 01093946, 11,Z00.00, TR 8682 Soundwall Inspection Fee, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 950)35 000649-9665 / 831000: 61093947,IZ 70303.0)0, TR 8684 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 0030649-9665 / 831000: 01093948, 5,500. TR 8631 Soundwall Inspection Fee, Shopell Industries of Northern California, 1030 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 01093949, 15,500.01?, TR 8683 Soundwall Inspection Fee., Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093950, X5,200.00, TR 8684 5oundwall Inspection Fee, Shapely Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 SUB 8681 Subdivision: (Neighborhood 6)-Gale Ranch 11 Bond No.: 929248 002 Premium: $243.00 IMPROVEMENT SECURITY BUND Soundwali FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and.Payment) (California Government Cade §§ 66499 - 66499.10) I. REQTAL.OF SuBDIyisIUN AGREEMIaN1: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision. SUB 8681 LNeighborhood 6)-Gale Ranch it as specified in the Subdivision Agreement, and to complete said work within the time specified for completion in the Subdivision.Agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: Shapell industries of Northern California,A division of Shapeli Industries, Inc. as Principal and National Fire Insurance Company of Hartford ,a corporation organized existing under the laws of the State of CT , 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: Party Eight Thousand Five Hundred Dollars and 001900 ($48,500,00 )for itself or any city assignee udder the above County Subdivision Agreement, plus B. Payment: Twenty Four Thousand Seven Hundred Fifty Dollars and 00/100 Dollars($ $24,750.00 ) to secure the claims to which reference is made in Title XV (conm-&ncing with Section 30$2) of Part 4 of Division 1H of the Civil Code of the State of CalifoiT a. 3. CONDV ION• A. The Condition of this obligation as to Section 2.(A) above is such that if the above bonded 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 manlier 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 null and void; otherwise it shall be and remain in fifll force and effect. As part of the 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 fizmished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil.Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in 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 shalt relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on August 30, 2002 Shapell Industries of Northern PRINCIPAL: California,A Division of Shapell Industries,Inc. SURETY: National Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4 City: Milpitas Zip; 95035 City: Woodland Hills Zip: 91367 � r By: By: ` , 'e, Print Name; Nathan Shapell Print Name: Pamela L. Stocks Title: President Title: Attorney-in-Fact By: Print Name and Tit€ JlargaretLeon , Secretary :MW ilk'W311SF7ARI3ATAlC�sbatmlE.+s�SvclTlsYrns1�3N'WORI7I�N 12.dnc POWER OF ATTORNEY APPOINTING INDIVIDUAL. ATTORNEY-IN-FACT Know All Aileen By These Presents,That Continental Casualty company, an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation,and American casualty Company of Beading,Pennsylvania,a Pennsylvania corporation(herein called "the CNA Companies'),are duty 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 signatures and seals herein affixed hereby make: constitute and appoint Pamela L. Stocks, Beverly A.Hall, Sandra V. Hanner, Individual) ,Individually of Sherman Maks,California their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred 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 instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof,duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 25th day of June,2002. GSWtKSlta �qr os ter tom' Continental Casualty Company r �1NGDRP0W4t,0 . National Fire Insurance Company of Hartford P3 � rutrlr. American Casualty Company of Reading,Pennsylvania� t847 j Michael Gengler Group Vice President State of Illinois,County of Cook,ss: On this 25th day of June, 2002,before me personally came Michael Gengler to me known,who, being by me duly sworn,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,an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knouts the seals of said corporations; 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 like authority,and acknowledges same to be the act and deed of said corporations. 'OFFICIAL SEAV r DIANE FAULKNER Notary Public,State of Illinois - My Commission Expires 9/17/05 My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE I,Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation,and American casualty Company of Reading, Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on th r erre hereof is still in force.In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this "th _ day of 2._ ,� Gas tCry tNBUB � "� Continental Casualty Company National Fire Insurance Company of Hartford rOPROPIATt, +"�° ta American Casualty Company of Reading,Pennsylvania • My 3 c) SEAQ. 1847 W , Mary A.Ribikawskis Assistant Secretary (Rev. 10111/0 1) 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 duly adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3.Appointment of Attorney-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 written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact;subject to the limitations 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 seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any afforney-in-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 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 seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to-Section 3 of Article 1X of the 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 signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed 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 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI--Execution of Obligations and Appointment of Attorney-In-Fact Section 2.Appointment of Attorney-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 written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject to the limitations 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 seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey-in-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 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 seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the 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 signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed 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 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,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature.Such Attorney-in-Fact,subject to the limitations 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 the seal of the Corporation thereto.The President,an Executive Vice President, any Senior or Group Vice President 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 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 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 seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect 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 _August 30, 2002 before me, Sandy Danner - Notary Pubic Date NAME, TITLE OF OFFICER., "JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) (x) personally known to me -OR - (_.._-) proved to me on the basis of satisfactory evidence to be the person(s) whose name(;4 islisubscribed to the within instrument and acknowledged to me that Wshelibeg executed the same in Wr/herlgxka authorized capacity4mg and that by Wherl# signature(s) on the instrument the person(4), or the entity upon behalf of which the person(s) acted, executed the instrument. SAN 5� ANNER WITNES my hand and o ' seal. �`_ Commission#1362157 e► Notary Public-California `✓ ;s'" Los Angeles County SiGNA3 t1FiE OF NOTARY 4� My Comm.Exp"s Jul 2,20M 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 (a�} INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (�} PARTNER(S) (__} LIMITED {_} GENERAL NUMBER OF PAGES (X) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR ( ) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING. NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-W7i26-6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ss. On September 3, 2002 before me, Ann Pell ant, Notary Public Dote Name and Title of Officer(e.g.,'Jane Coe,Notary Public") `� personally appeared Nathan Shapel l and Margaret Leong N, Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)--'r re subscribed to the within instrument and acknowledged to me that hethey executed the same in N4e4their authorized capacity(ies), and that by 4+e4their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) € : acted, executed the instrument. r y fa WITNESS my hand anfficial seal. Signature o4 -otary Public OPTIONAL 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: y Document Date: Number of Pages: < Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Top of thumb here Corporate Officer—Title(s): � ❑ Partner—❑ Limited ❑General ❑. Attorney-in-Fact ' El Trustee ❑ Guardian or Conservator ti ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313.2402•w .natlonlnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827