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Home My WebLink AboutMINUTES - 10012002 - C.20-C.23 TIE 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: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 600 SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8682 being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this elate for SUB 8682 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 G.\GrpData\EngSvc\73a\2002\I0-01-02\SUB 8682 BO-16.doc action taken and entered on the minutes of the Board of Originator. Public Warks(ES) Supervisors on the date Shown. Contact, Teri Rie(313-2363) cc: Public Works- T.Bell,Construction ATTESTED: OCIOBEI Q1, 2() 22» Current Planning,Community Development T-August 2003o3 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 95035 Attn:Sam Warden&Steve Savage National Eire Insurance Company of Hartford By �'" —,Deputy 21650 Oxnard Street,#600 Woodland Hills,CA 91367 RESOLUTION NO.2002/.6 0 0 SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8682 being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) DATE: October 1, 2002 PAGE 2 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929248003, August 30, 2002 Performance Amount: $26,500.00 Labor&Materials Amount: $13,750.00 Principal: Shapell Industries of Northern California NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement ( oundwall) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION N4. 2002/600 SUBDIVISION AGREEMENT 0UMNVA <j (Government Code§66462 and§66463) Subdivision.'SUB 8682(Neighborhood 7) Principal. Shapell Industries of Northern California c~ Effective Date: _ �t Completion Period- I year THESE SIGNATURES ATTEST TO THE PANTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director Shaped Industries of Northern California By (prt / O -•- RECOMAMENDED FOR PROVAL � 7;! By: Engineering Services iii is on (Prim name tirkr t' FORM APP VED: 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) 1. PARTIES Bt 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§§664103 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 trade 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 §66499 and the County Ordinance Code,provide as security to the County: A. F rXce and Guarttte $Lt}U0 cash,plus additional security,in the amount:$2ti,500 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: v 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 Pavment: Security in the amount:$12,7J5 ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With. s;is security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or t=•rials to th ni or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal, the amount ee(,W We,.nay be 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 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 proceedings)concerning said liabilities and claims. C. The actions causine 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. 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 i f 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/A:'y"NEXATION. 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. F£C(?rD MAP. In consideration hereof,County shall allow Principal to file and record the final trap or parcel map for said subdivision. RL.jD:lad C:Vi ocut nts ani Settings\sgospo&Wy`3ocumx.^.t &)ussiv.aLs\SUB 8882 AG-30.d= Ray. October 25,2001 ......................................................................................................................................................................................................_.-..---_.. .......................................................................................................................................................................................................................................................................................................................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of .� .� On )i_ —,` — before me, Date Name and T tla�oo}f Officer(e g 'Jane Doe Notary Public) �✓��., personally appeared n Names)of Sgner(s) Y , personally known to me F1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-4- are subscribed to the within instrument and h; acknowledged to me that he/4%/they executed the same in 4ili~their authorized " capacity(ies), and that by -#isAren/their JANICE T.KRUSE signature(s) on the instrument the person(s), or Commission.t13#8�s97 � the entity upon behalf of which the person(s) 2 l rotary Public-California � acted, executed the instrument. r Santa Clara Cour:ty : My Comm.Expims&T24, 5 NESS my hand and official <. .. Ora `• ' Signature of Notary Public Sn oprra` AL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent n fraudulent removal and reattachment of this form to another document. Description of Attached Document i Title or Type of Document; ti r Document gate: Number of Pages: Signer(s)Other Than Named Above: ry Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here Corporate Officer—Title(s): � LJPartner— Limited 11 General ❑ Attorney-In-Fact �7 'Trustee �r< ❑ Guardian or Conservator Other: j Signer Is Representing: ' - 01959 NaVonal Notary Asscc;at;on+9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•wwwoationalnotary.org Prod.No.5907 Reorder:Call Tall-Fres 1-800-876-6827 vvvr err yr vvr�r rYa-�vvvrra DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (Org-i-Son) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. SUB` TASKOPTION ACTIVITY AMOUNT ACCT. ►I0 f � ;ad fiA/ ygo rbo Oxy # I i I I # # I f # i # # EXPLANATION: t7�' `/ J f '""(.7 I CJ ` ' TOTAL $ DEPOSIT 53 1 60�- Deposit consists of the following it rns31, J r f, l COIN and CURRENCY $� CHECKS,M.O.,ETC. $C , + t BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DR. + a DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amoun}is hereby / de767it into County rey�ury. acknowl ged. J 11 1 .Signed.. 1----7' Signed: ignad Title: ''; XT. ", ty aunt uditor Deputy County Treasurer D-34 REV.(3-43) 000649-9665 / 831000: 61108201, $6,500.t 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: G1093941, $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, $ 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 819800-0800: G1093945, $1000.00, TR 8681 Cash Bond, Shapell Industries of Northern 50fe�90 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 _.- 819800-0800: G1093946, $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, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1093948, $1,000.00, TR 8631 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1093949, $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_0Q0,0 , TR 8685 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61108202, J1,000,00, TR 8686 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093935, $500.00, RS 2704 Record of Survey Map Check Fee, Richard R. Sanchez/Lisa D. Sanchez TTFES OT/Sanchez Family Trust DTD, 601 Union Street, Ste, 3929, Seattle, WA 98101 000649-9665 / 831000: G1093936, $500.00, 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: 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: 61093943, $40,200. , DA 0016 Inspection Fee, Shapell Industries of Northern California, 200 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: G1093945, 700.00, TR 8681 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1093946, 4,700.00, TR 8682 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093947, $7,700.00, TR 8684 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1093948, $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, 5500.00, TR 8683 Soundwall Inspection Fee, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1093950 5 200.0 0, TR 8684 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 Subdivision: SUB 8682(Neighborhood 7)-Gale Ranch 11 Bond No.. 929248003 Premium: $133.00 IMPROVEMENT SECURITY BOND Soundwall FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.14) 1. RECITAL oF SugpiyIsIoN AGE_EmENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision SUB 8682(Neighborhood 7 -Gale Ranch 11 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 ,acorporation 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. Perfoinnance and Guarantee: Twenty Six Thousand Five Hundred Dollars and 00/100 ($25,500.00 for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Thirteen Thousand Seven Hundred Fifty dollars and 001100 Dollars($ $13,750.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division TII 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 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 finmished 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 Zi 95035 City: Woadd Hills Zip: 91367 By: By: Print Name: Natha hapell Print Name: Pamela L. Stocks Title: President Title: Attorney-in-Fact By: Print Name and TitlargaretfLeong, ecretary :mw d� \\PWS1\SHARDATA\ftData\Er4Svc\F=yw\BN -01�f2.doc Rgv:I lite k99 ........................................................................................................................................................................................................................................................................................................................... POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All[filen 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 seats herein affixed hereby make,constitute and appoint Pamela L. Stocks, Beverly A. Half,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,seat 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. Py� Lr VAE H}of + ,�+ Continental Casualty Company 00WORArs `f a ared National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania v SEAL Jt7t t, ¢+� 1807 State of Illinois,County of Cook,ss: Michael Gengler Group Vice President On this 25th day o€.tune,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" c , DIANE FAULKNER Notary Public,State of Illinois ,h My Commission Expires 9/17/05 My Commission Expires September 17, 2005 Chane Faulkner Notary Public CERTIFICATE 1,Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company,ars 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 the reverse hereof is still in force.In testimony whereof I have hereunto subscribed my name and affixed the seat of the said corporations this 30th day of AugjIst 2002 �,'� s✓ U �,y (#4,, Continental Casualty Company t� aW� 4T National Fire Insurance Company of Hartford to American Casualty Company of Reading, Pennsylvania +3 REAL 9R 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 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 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 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 Vt- xecutlon 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,shalt 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 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 certif€cate of any such power and any power or certificate bearing such facsimile signature and seal shalt 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 Banner - Notary Public Date NAME, TITLE OF OFFICER., "JANE DOE. NOTARY PUBLIC" personally appeared Pamela L. Stocks NAMES)OF SIGNER(S) (x) personally known to me—OR -- (_...a) proved to me on the basis of satisfactory evidence to be the person(s) whose name(4 is/atatsubscribed to the within instrument and acknowledged to me that btikshelitM executed the same in l:ds/her/9x1c authorized capacity§DG, and that by PAN/her/"'* signature(s) on the instrument the person(4), or the entity upon behalf of which the person(} acted, executed the instrument. i++r SANDY HANNEf2 WITNESS 'y hand and ' al seal. »,�4' Commission*1362157 Notary Public-Caiifomis . Los Angeles County °4 IGNA R1i E OF NOTARY My comm.Expires Jut 2,2006 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL {�} CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ( } PARTNER(S) LIMITED (�} GENERAL NUMBER OF PAGES {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 Compan of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �e ss. County of Los Angeles 5 On Septembe 3, Z�t72 before me, Ann PPllant, �lotar�Puhlu Date Name and Title of Otficar(a.g.,"Jane Doe.Notary?ubiic"} 4 4 . personally appeared Nathan Shapel l and Margaret Leong Nama{s)of Slgnar(s) �" personally known to me ? (-7 proved to me on the basis of satisfactory .0 evidence to be the person(s) whose names)--is�are subscribed to the within instrument and acknowledged to me that-4al."/they executed the same in - their authorized capacity(ies), and that by their ANN # signature(s) on the instrument the person(s); or the entity upon behalf of which the person(s) acted, executed the instrument. �k Iif V WITNFS§-my hand and fficial eal14 . Sigrtat€ra of Notary Pubile 5�1 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: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ; AP Top of thumb here ��7 Individual ❑ Corporate Officer—Title(s): Partner—❑ Limited ❑General 4r -_1 Attorney-in-Fact ' f 7 Trustee Guardian or Conservator _J Other: Signer Is Representing: 0±593 Nationai Votary Association•9350 De Sole Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.natioralnotary.org Prod.No.5907 Haordsr:Oatl Toll-Free 1-800-876-6827 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/ 601 SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8683 beim 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 8683 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 0:\GapData\EngSvc\BO\2002\10-01-02\s 8683 BO-I6.doc action taken and entered on the minutes of the Board of Originator: Public Works(BS) 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 2443 JOHN SWEETEN, Clerk of the Board of Supervisors and Shapell Industries of Northern California Administrator P.O.Box 361169 County 100 North Milpitas Blvd. Milpitas,CA 95035 Attn:Sam Warden&Steve Savage National Fire Insurance Company of Hartford By Deputy Oxnard Street,#600 Woodland Hills,CA 91367 RESOLUTION NO.2002/ 601. SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8683 being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) DATE: October 1, 2002 PAGE 2 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929248006, 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. 2002/601 SUBDIVISION AGREEMENT (.SoulVJ I L-L. (Government Code§66462 and§66463) Subdivision. SUB 8683(Neighborhogd 11) Principal: Shapell Industries_of N2ghern California .•� �:...±<<}Lis i�..:>s•,.,. _ ��`..x 4""a;�'t;;..4_L.,. ,.1, _^-.g c.,..___. Effective Date: Completion Period: I year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA CQSTA CQU TY RRaC_U AI Maurice M.Shin,Public Works Director Shapell Industries of Northern California (Priat an=Etihe) 3L RECOMMENDED FO APPROVAL P2By: f X .l Engineering Smi Division (P=ARM& > FORM APPROVED: Victor J.Westman,County Counsel (NOTE All signatures to be acknowledged.if Principal is incorpporated,signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PA RTIES TJATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned Principal,mutually promise and ague as follows concerning this subdivision: 2. IMPROVEMLNTS. 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. IMPROVEM W SECURI'T'Y. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Perf_b0Mce and Qwantee: $I.Uf30 cash,plus additional security,in the amount:$43,080 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:$22,00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash.,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit, Ola.;s security,Principal guarantees payment to the contractor,subcontractors grid ito persons renting equipment or furnishing labor or au-,6%als to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal, tine anruum s,,L,unties may be mduced in accordance with§94-4.4036 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 orkas 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 causin-e 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. 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/ANN- EXATION. 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,Countys 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 term 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. CQRQ MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. RLADA,�J C:1Docezwnts and settingslsgospodcWY Dww-Mnts�°..o WdwaY,.4VSUB 8683 AG-30.dm Rev, 25,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County On before me, - Dale Name and Tltie of Officer(e.g.."Jana Doe Notary Public') personally appeared a�. . �0'•`'-'^-'�`".�, ,•`/;:t - �.��.3^..: ..s'�$, s� •`'"�.'dic.+.i'`4_i;� Name()of Signer(s) personally known to me proved to me on the basis of satisfactory s evidence to be the person(s) whose name(s).-is/are subscribed to the within instrument and acknowledged to me that-Us/446/they executed JANICE T SE the same in h4e/4eMheir authorized Commission#131$69 capacity(ies), and that by 4tWheMtheir f !Votary Public-California signature(s) on the instrument the person(s), or x Santa Clara County the entity upon behalf of which the person(s) My Comm.omits Aug 241 215 acted, executed the instrument. ",WITNESS my hand and off�ial seal. �-� Signature of Notary Public s r r OPTIONAL — Though the information Below is not required by laud it may prove valuable to persons relying on the document and could prevent k fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: s_':•j ) y.. !�ra 'a F '"i_, >;' i i Document Date; Number of Pages: �j Signer{s}Other Than Named Above: Capacity(ies) Claimed by Signer A Signer's Name: �J Individual ;' �. Top of thumb here •:'Corporate Officer—Titles): Partner— J Limited L!General =y L- Attorney-i.n,-µact F Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing '_t ?a c. 0 1 999 Nator.a!Notary Assoc;etion•9350 Do Soto Ave.,PA.Box 2402•Chats'xonh,CA 9?3t 3.2402•wuvw.❑atioralno ary.org Prod.No.5907 Reorder:Cali ToC-Free 1-600-676-3627 wvawVv F.w• VVi\Yera`V wVViil DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER ,TO THE TREASURER: MARTINEZ,CALIFORNIA `- RECEIVED FROM y�' r ORGANIZATION NUMBER.- (for UMBER(For Cash Collection Procedures see County Administrator's Bulletin 105,) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. i 7 LD I.B i 0c) : r- t ( r t i t i i C i C r t i � 1 t � r # f i i i i t f EXPLANATION: TOTAL $ ' - t DEPOSIT Deposit consists of the following ifi ms t COIN and CURRENCY $ 1 f CHECKS,M.O.,ETC. BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER SEP 10 r DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amours is hereby / deSignac! po it into th County Trepsury. acknowi . ed //r— . Date�� 3�. //; a Signed: Title: XTr5epVt)TC-unti hAjditor Deputy County Treasurer D-36 REV.(7-93) 000649-9665 / 831000: 61108201, b 500.00, TR 8685 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1108202, $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.t70O.Ot , SUB 7984 Road Improvement Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1093942, 19,500.00, DA 0014 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 819800-0800: 61093943, $ 200.00, DA 0016 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1093944, $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, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1093946, $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, 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, $1,00Q.00, TR 8683 Cash Bond, Shapell Industries of Northern - California, 100 North Milpitas Blvd., PO Box 361169, Milpi#as, 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: G1108201, $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 / 8310001: 1 1093935, 1500. , RS 2704 Record of Survey Map Check Fee, Richard R. Sanchez/Lisa D. Sanchez TTFES OT/Sanchez Family Trust DTD, 601 Union Street, Ste. 3929, Seattle, WA 98101 0006499665 / 831000: 61093936, $500.00, R5 2705 Record of Survey Map Check Fee, Nordby Construction Company, 3009A Coffey Lane, Santa Rosa,CA 95403 0006499665 / 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: G1093942, Job,100.00, bA 0014 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093943, x,40,200.00, bA 0016 Inspection Fee, 5hapell 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 J5,000.00, bA 0017 Plan Check Fee $8,000.00, bA 0017 Inspection Fee 000649-9665 / 831000: 61093945, ItZ00.00, TR 8681 Soundwall Inspection Fee, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093946, $4,700.00}, TR 8682 Soundwall Inspection Fee, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093947, $7.700.00, TR 8684 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093948, $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, Shopell 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: .^.,t IR 868 Ai hhnrhoo 11)-gala Ranch 11 Bond.No.: tI29-24806- Premium: 92 x}06Premium: $215.00 hWROVEMENT SECURITY BOND Soundwall FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF SUBDIyisioN AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in subdivision SUB 8683(Neighhorhood 11)-Gale Ranch II 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: Forty Three Thousand Dollars and 00/100 ($43,000.00 )for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Twenty Two Thousand Dollars and 00/104 Dollars ($ $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 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 firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers, material wren 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 farther 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 Shapeli Industries,Inc. SURETY: National Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4 City: Milpitasip; 95035 City:.F'r aod(and Hills Zip: 91367 _07^ Print Name: athan Sha 11 Print Name: Pamela L. Stocks Title: President Title: Attorney-in-Fact By. Print Name and Title:/Margaret Se Fretary i :mu+ f \\PWSI\SHARDATA\C4pDatti Et4Svc\Forxm\BN woItD�B' er I,Zy'.v' Iue;T7 394 ............................................................................................................................................................................................................................................................................................................................ 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, Individual! of Sherman Oaks,California their true and lawful A#torney(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 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. �c�scc�it,.r elis+;ta�tf,� �. Continental Casualty Company c 'Op %#tWagr,rD ; National Fire Insurances Company of Hartford • American Casualty Company of Reading,Pennsylvania SEAL yai i. 7897 �a e •afi � � ! State of Illinois,County of Cook,ss: Michael Gengler Croup Vice President On this 25th day of,lune,2002,before me personally carne 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,State of Illinois 1"My Commission Expires 1t117J05 ,h 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 l=ire 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 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 30th day of__. "t ,��. .; ` Continental Casualty Company cov Tr National Fire Insurance Company of Hartford r American Casualty Company of Reading,Pennsylvania NLY 7i, v SEAL t Ism .y / Mary A.Ribikawslds Assistant Secretary (Rev. 10111101) 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 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 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 Ob#igations 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 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, 1893 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-f=act." This Power of Attorney is signed and sealed by€acsimile 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 banner - Notary Public. Date NAME, TITLE OF OFFICER., "JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stacks NAME(S)OF SIGNER(S) (x) personally known to me-OR - (—) proved to me on the basis of satisfactory evidence to be the person(K) whose name(#islafe subscribed to the within instrument and acknowledged to me that Kgdshe/kW executed the same in bdx/her/ZeIc authorized capacity{ and that by €moi lherm%w signature(s) on the instrument the person(g), or the entity upon behalf of which the person(;} acted, executed the instrument. :l . i -,� WITNESS hand and o#f# seal. SANDY .m FAANNEh 157 ' l ' Commission f3 Notary Public-Ctr , IGNAT RE OF NC)TARY Los Angeles County My Comm.Expires Jul 2,2000 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) (_...) LIMITED (_} GENERAL NUMBER OF PAGES ( } ATTORNEY-IN-FACT TRUSTEE(S) (�) GUARDIANICONSERVATOR ( ) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance-Corn gany of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 0-207426-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. Xk County of Los Angeles X On September 31 2002 before me, Ann Pel 1 ant, Notary Public Date Name and Tile o1 Officer(a.g.,"Jano Doe,Notary Public") personally appeared Nathzm .Shapell and Margaret Leon ix+• Namo(s)of Signers) s personally known to me ,q ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -r rare subscribed to the within instrument and r* acknowledged to me that-k e4haAhey executed the same in *isf their authorized ki capacity(ies), and that byistgw/their r signature(s)on the instrument the person(s), or : the entity upon behalf of which the person(s) acted, executed the instrument. 83, WITNESS my-hand and ictal ai. . 7 y Signature of Notary Public 14 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. x, Description of Attached Document 3 Title or Type of Document: if Document Date: Number of Pages: �i Signer(s)Other Than Named Above: �F Capaeity(ies) Claimed by Signer Signer's Name: All, E Individual Top of?humb here F_- Corporate Officer—Title(s): ! :1 Partner—❑ Limited ❑General t ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: :c, .�. _ � -�� ._;� _� ,�.- -�' , �, •ti. ��ti�ate;��'.�� 0 1999 National Notary Association-9350 De SotoAve..F.C.Sox 2402-Chatsworth,CA 91313-2402•wwwmationainctary.org Prod.No.5907 Reorder:Cail ToN-Frea 1-800-876.6627 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. 2002/602 SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8684 being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District IIS The following document was presented for Board approval this date for SUB 8684 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:\GrrpData\EngSvc\Bo\2002110-01-02tsuB 8684 Bo-ls.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) c« 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 County Administrator P.O.Box 361169 104 North Milpitas Blvd. Milpitas,CA 95435 Attn:Sam Worden&Steve Savage National Fire Insurance Company of Hartford By s '' ,Deputy 21654 Oxnard Street,#600 Woodland Hills,CA 91367 RESOLUTION NO.2002/ 6 0 2 SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8684 being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District Ilf) DATE: October 1, 2002 PAGE 2 11. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929248007,August 30, 2002 Performance Amount: $37,500.00 Labor&Materials Amount: $19,250.00 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. 2002/602 SUBDIVISION AGREEMENT !S0UAijDjV41_t_ (Government Code§66462 and§66463) Subdivisions SUB 8684(Neighborhood 12) Principal. Shapell Industries of Northern California Effective Date: T� Completion Period: 1 year 4 THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNT' PRINCIPAL Maurice M.Shiu,Public Works Director Shapell Industries of Northern California RECOMMENDED FOR APPROVALo k� - ' By: C\492�41 (signarot)bl! Engineering Service ivisio,6 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.) 1. PARTIES St DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned PrinciDal,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 §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $1.000 cash,plus additional security,in the amount:$37,500 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount:$ 19.250,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. Wi iH -ccurity,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or ro ffiem e. to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amoura acs an,, �may be r;duced 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 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 Palfill 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 causinglliability 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. 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. 11F_COID MAP. 1n consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. C:1D0cuments aDd Settings\sgospodeWy Docs:;Menu um9+va"rs\St1B 8684 AG-30.c oc Rev. October 25,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 01 S State of California County of ° E ; On before me, Date Name and Tide of officer(e.g .lane Dos Notary Pualic'; ' ;a personally appeared v �. l'� Name(s)of Signers) ersor3aliy known to me l L proved to me on the basis of satisfactory v.; evidence r to be the person(s) whose name(s) mare subscribed to the within instrument and acknowledged to me that We4eAhey executed k ,DAN CE'T. f t� the same in -k3fe r/their authorized Commission#1318897 capaGity(ies), and that by 4ils/# /their �' ► Notary Public-Califomia signature(s)on the instrument the person(s), or P Santa Clara County � the entity upon behalf of which the person(s) UEi MY Comm.=Vires Aug 24,2MA acted, executed the instrument. MTNESS my hand and official seal. Signature of Notary Public y't OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could preventf fraudulent removal and reattachment of this form to another document. Description of Attached Document py Title or Type of Document: i's,. L�v�< <3 �t ti t"'�ai �`�'ti'^��•-s� £-� �s``C'��_.�- •b`�°�-sr r p t ...- R. Document Date: Number of Pages: z Signer(s)Other Than Named Above: f Capacity(ies) Claimed by Signer Y. Signer's Name: L in 3VIdUai c ^4 F Top o`thumb here y � rpOrate Officer—TitlE(S): € ._' a,,s \<` x d a » t t L Partner—L Limited L General L Attorney-in-Pact L Trustee 1 i Guardian or Conservator 3 L Other: 5 Signer is Representing t 0 1999 National NotaryAssociation<9350 De Soto Ave.,P.C.Box 2402•Chatswonh,CA 9131'-2402•www.rtationalnatary.org Prod.No.5907 Reorder:Cali Toll-Free 1-800-876-6827 vvv.v. . vr. vv:vrrvra v..vvrr� DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER JO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM lorganiasrianl ORGANIZATION NUMBER 7 ` Ux (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUIVD/ORt3. ACCT. TASK OPTION ACTIVITY AMOUNT j 4�4 ' f AUX 1691 /g, N �zn o I....L.-L.L 1-1-A I A I I I I I L 1 00 1 1111 lilt t } } E E ! t 1 t I 1 } t i I } I 1 EXPLANATION: TOTAL $ } DEPOSIT ��?�.✓ ) E Deposit consists of the following it rns COIN and CURRENCY s— 36 CHECKS,M.O.,ETC $ 0 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP_ NUMBER DATE 1 ' ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amoun is hereby de p it into th County TreQsury. acknow ged. Signed: 1 Datea Signed: Vic{ XT. E)-ci'-37(n: ty on uditor Deputy County Treasurer D-34 REV.(7=93) 000649-9665 / 831000: 61108201, $6,500.00, 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, $49,000.00, 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: 01093943, $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. , 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, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 362169, Milpitas, CA 95035 819800-0840: 01093946, $1,000.00, TR 8682 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800.07800: 61093947, $1,000.00, TR 8684 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 8198401-0800: 01093948, $1,000.0 , TR 8631 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-08030: 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, 2 000.00, TR 8684 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 .� 819800-0800: 61108201, 1000.00, 85 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61108202, $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, $500.00, RS 2704 Record of Survey Map Check Fee, Richard R. Sanchez/Lisa D. Sanchez TTFES OT/Sanchez Family Trust DTD, 601 Union Street, Ste. 3929, Seattle, WA 98101 000649-9665 / 831000: 61093936, $500.00, RS 2705 Record of Survey Map Check Fee, Nordby Construction Company, 3009A Coffey Lane, Santa Rosa, CA 95403 000649-9665 / 831000: 61093937, $500.CK1, RS 2706 Record of Survey Map Check Fee, Santina & Thompson, Inc., 1355 Willow Way, Ste, 280, Concord, CA 94520 000649-9665 / 831000; G1093942, j,46,100.00, DA 0014 Inspection Fee, Shaped Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1093943, j40,200.00, DA 0016 Inspection Fee, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093944, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 5 000.Ot}, DA 0017 Plan Check Fee $8,000. DA 0017 Inspection Fee 000649-9665 / 831000: 61093945, 5700.(30, TR 8681 Soundwall Inspection Fee, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093946, $4,700.00, TR 8682 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000; G1093947,IZZOO.00, TR 8684 Soundwall Inspection Fee, Shepell 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, 15,200.00, TR 8684 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 Subdivision. 8118 A684(W,1ahhnrhnnd 12)-Gale Ranch II Bond No.: 929248007 Premium: $188.00 IMPROVEMENT SECURITY BOND Soundwali FOR SUBDIVISION AGREEMENT" (Performance, Guarantee, and Payment) (California Government Code H 66499 - 66499.10) 1. RECITAL of StrBDIvisioN AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision SUB 8684(Neighborhood 12}-Gale Ranch 11 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: Thirty Seven Thousand Five Hundred Dollars and 00/100 ($37,500.00 for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment. Nineteen Thousand Two Hundred Fifty Dollars and 00/100 Dollars ($ $19,250.00 ) to secure the claims to which reference is made in Title XV (corrnr&ncing 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 retrain 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 firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers, material nen 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 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 Y City: "" Hills Zip: 91367 Print Name: Nathan SKrapell Print Name: Pamela L. Stocks Title: President Title: Attorney-in-Fact Print Name and Ti� Margaret ong, �cretary :mw \4 S'1\SHA*RDATA\Cr pData\En&Svc\Fa-nw\B T ORT �Ls t 1ev 713ria 1199 _ .................................................................. .. ... ......... ............................................................................................................................................................................................................................................................................................................................ ............................................................................................................................................................................................................................................................................................................................ 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. Hail,Sandra V.Hanner, Individually,lndlvidually 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 Sy-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. by C1�t14<T 1MSIlR �� Continental Casualty Company c trfo National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania SEAL f i'i #' ff State of Illinois,County of Cook,ss; 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,State of Illinois - My Commission Expires 9117/05 .^- it 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 stili in force,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 h r nto subscribed my name and affixed the seal of the said corporations this 30th day of ALt?taSt 21 *A'� Continental Casualty Company o0WORAre .e 0 � National Fire Insurance Company of Hartford P . fp American Casualty Company of Reading,Pennsylvania v SEAL Mary A.Ribikawskis Assistant Secretary (Rev. 10111101) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of Directors of the Company. "Article 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 aftorneys-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 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 seat 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-f=act 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 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,Attomeys-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 Aftomey-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 sea: 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 Banner Notary Pubic Date NAME, TITLE OF OFFICER., „JANE DOE. NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) { ) personally known to me -OR - (........) proved to me on the basis of satisfactory evidence to be the person(a) whose name(: is/slEeslsubscribed to the within instrument and acknowledged to me that h*she/it .executed the same in tdWherIftic authorized capacity( and that by Pwherf signature(a) on the instrument the person(S), or the entity upon behalf of which the person{o acted, executed the instrument. wrrr..aw.�..r►.: SFNDYiiAPdNER WITNESS 4//y hand and al seal. Commission#1362157 �~� Notary Public-Cefifornis Los Angeles County $It NA IJAE OF NOTARY My Comm.Expires Jul 2,2006 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT {.�) INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT {�} PARTNER(S) (_...) LIMITED {�) GENERAL NUMBER OF PAGES { ) ATTORNEY-IN-FACT TRUSTEE(S) { �} GUARDIAN/CONSERVATOR (� ) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance ComDanv of Hartford SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles �., On September 3. 2002 before me, Am Pel l ant, Natary Date Name and Title of Officer(e.g.,"Jane Doe.Notary Pubilo') s personally appeared Nathan Shapel 1 and Margaret Leong Name(s)of Signer(s) sX personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)ire subscribed to the within instrument and acknowledged to me that 4,�hey executed y the same in -c�their authorized capacity(ies), and that by -h4/hef/their f :>. ' � signature(s) on the instrument the person(s),or yCM the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand an cial seal. Signature of Notary 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: p Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer t Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: 0 1999 Nationai Notary Associatior•9350 De Soto Ave.,P.O.Boz 2402•Chaisworth,CA 91313-2402•mvw.nationainotary.org Prod.No.5907 Reorder:Cali Toli•Pree i-90ik876-8827 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/ 603 SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8685 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 8685 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 SG:cw I hereby certify that this is a true and correct copy of an C:\GrpData\EngSvc\BO\2002\10-01-02\SUB 8685 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 2(,102 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 95035 Attn:Sam Worden&Steve Savage National Fire Insurance Company of Hartford By A ,Deputy 21650 Oxnard Street,#600 ' Woodland Bills,CA 91367 RESOLUTION NO.2002/6 SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8685 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: 929248008, August 30, 2002 Performance Amount: $65,000.00 Labor&Materials Amount: $33,000.00 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. 2002/603 SUBDIVISION AGREEMENT (50UV01iA4L,1-) (Government Code§66462 and§66463) Subdivision: SUB 8685 fNeiahborhood 14) Principal: Shapell Industries of Northern California 4 Effective Date. Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director Shapell Industries of Northern California By: y 5' nue t w (� & 7 fl RECOMMENDED FOR APPROVAL `rf=U M ° Engineering Services Division ( ""' &uc `.,�• `"} „__. 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.) 1. PARTIES cit DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned Princi al,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 §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $1,000 cash,plus additional security,in the amount:$55.000 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. por Pavtnent: Security in the amount $33.000,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.sr= .a:ps security,Principal guarantees payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materWs tc3 th;r:or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount ;zcuntics nuay be;educed 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 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. 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 propery 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,Prmci pal 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/A.TINEXATION. 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. 1~LCORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. am.: «::. C\\Loan-, r.ts and Secciugslsgospo&AVy^uoct n:ASoundwa)IASUB 8685 AG-30.60c Rev. acober 25,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT KX State of California ss. County of P �� 'k- Cin ` L> -_ before me, ; 5 � - T e Name and T:fle of Officer(a-g,".lane Doe Notary Pub' ) personally appeared Name(s)of Signers) "S rsonally known to me proved to me on the basis of satisfactory b evidence Ay " Ay to be the person(s) whose name(s) Js/are subscribed to the within instrument and acknowledged to me that4;o4tefthey executed the same in 4ie�heir authorized .: � • w capacity(les); and that by 4Wlltheir s .3AWCE T.KRUS signatures) on the instrument the person(s), or ? Commission*13;-3 s97 � the entity upon behalf of which the person(s) S NotaryPublic-California f. acted, executed the instrument. Santa Clara County ' My Comm.Ev#»Aug 24, iTNESS my hand and official seal. v -- ,-''�~ Signature of Notary Fuhlio ` . . .� OPTIONAL Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent � fraudulent removal and reattachment of this form to another document. r� Description of Attached Document Title or Type of Document -., _ti , t: ; >. ti4 x r �fi s !rt Document Date: Number of Pages: Signers)Other Than Named Above: Capacity(ies) Claimer[ by Signer 3, Signer's Marne: L�l Individual M' �_ _ f lop of thumb here E 'corporate Officer—Tit)e(s): t' '�= _ � El Partner—Cl Limited General x 17 Attorney-:n-Fact ❑ Trustee <{ r Guardian:or Conservator I- Other: -7. V Signer#s Representing.,,_ t ® 839�.ationa�ftoa:�Assowaaon 93.30 De..8fi'a��3ox.24„? Chatsworth.CA 95373-c402 vww.na,�onainoiary.og Prod No.59Ct7 �eordsr.Ga,::ofl F,ee t-80fl•$7o-9827 v+s Vr 4tyyY.�V• V4Yst t41P}4MVSIY .. DE OSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER: RECEIVED FROM ORGANIZATION NUMBER 4�1il7rgonimtion) {For Cash Collection Procedures see County Administrator's Bulletin 105.} DESCRIPTION PUNDJORG. SUB' TASK OPTION ACTIVITY AMOUNT ! ACCT. T 03 1 of I ` i I .L-. I t I I 1_1 I i I t I I - ilt t t t t t t EXPLANATION: C7 Cj ". 1G� C � TOTAL $ G s - DEPOSIT t Deposit consists of the following it res f COIN and CURRENCY $ CHECKS,M.O„ETC. $r C BANK DEPOSITS $ --FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D NUMBER DATE 1 ASSIGNED The amount of money described above is for t`reasurer's receipt of above amount is opproved Receipt Va:bovweam=oumna herebydep 't into th Caunty T ury. acknowSigned: C,x"t Dat �:� r -- / ` w.,, '' ` Zigne Tit#e: XT. `, e }y aunt uclitor Deputy County Treasurer D-34 REV.i7-931 ` t 4OAV 1)l/ 000649-9665 / 831000: 61108201, $6,500.00, 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, SUS 7984 Road Improvement Fee, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 819800-0800: 61093942, $9,500.130, DA 0014 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 819800-0800: 61093943, $8.20)0.00, DA 0016 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 8198003-0800: 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, ILOOO.00, TR 8681 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 8198001-0800: 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, 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,CR 95035 819800-0800: G1093950, $1,000.00, TR 8684 Cash Bond, Shapell Industries of Northern C orni 1a 010 North-"11ti pri#a &" PO Sox 361169, Mi€pitas, CR 95035 819800-0800: G1108201, $1,000.00, TR 8685 Cush Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 -' 819800-03800: 61108202, $1,000.0}0, 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 D. Sanchez TTEFS OT/Sanchez Family Trust [)TE), 601 Union Street, Ste. 3929, Seattle, WA 98101 000649-9665 / 831000: 61093936, 500.00, R5 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: 01093943, $40,200.00, DA 0016 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 0006499665 / 831000: 61093944, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 15,000.00, DA 0017 Plan Check Fee $8,000. , bA 0017 Inspection Fee 000649-9665 / 831000: 61093945, $5,700.00, TR 6681 5oundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093946, $4,700.00, TR 8682 5oundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093947, $7,700.00, TR 8684 5oundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093946, $5,500.00, TR 8631 5oundwall 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 5oundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093950 $5,200.00, TR 8684 5oundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 Subdtvtslon: RI IR RRAr-,(NPj nand l4)-gala Ranch II Bond No.: 92924$°48 Premium: $325.00 IMPROVEMENT SECURITY BOND Soundwall FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Cade §§ 66499 - 66499.10) 1. RECITAL OF SUB37I'isioN AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision SUB 8685SNeighborhood 14)-Gale Ranch Ik 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: Shapeli 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: Sixty Five Thousand Dollars and 00/900 ($65,. oo.00 ) for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Thirty Three Thousand Dollars and 00/100 Dollars ($ $33,000.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 30$2) 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 finny 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 ali 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 f ffl 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. SIGNET)AND SEALED on August 30, 2002 Shapell Industries of Northern PRLNCIPAL: 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: Wood Hills Zip: 91367 r� By: "C By: Print Name: Nathan Shapell Print Name: Pamela L. Stocks Title: President Title: Attorney-in-Fact By: Print Name and Tltle�MPrgaret Le g , Secre ,ary l :mw � \\PWSI\SHARDATAkOpData\ErigSvc\Fn-ms\BNWobD a Y-&,--- — Rev 7arief�199 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 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, 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. Continental Casualty Company coaroatrF � trt�akatt National Fire Insurance Company of Hartford + American Casualty Company of Reading,Pennsylvania JULY 11, ' cJ SEAL g IS02 i Michael Gen/filer 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 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" S DIANE FAULKNEft Notary Public,State of Illinois My Commission Expires 9, ?7105 - My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE 1,Mary A. Ribikewskis,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 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 30th day of Amt , 2002 t0* � cl * Continental Casualty Company aosworurt� National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania Mylr, u SEAL � tae? iv • Mary A.Ribikawskis Assistant Secretary (Rev. 10/11/01) Authorizing By-taws 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 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 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 REAMING, 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 Attomey4n-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 a#tomey-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 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 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/Aiemsubscribed to the within instrument and acknowledged to me that Wshe/IM executed the same in bdmther4alt authorized capacity(igi, and that by P Vher/ signature(s) on the instrument the person(g), or the entity upon behalf of which the person(o acted, executed the instrument. =DY HANNER WITNESSy hand and off. eal. Commission#1362157 J 4-1�*My Notary Public-Caftmie / Los Anger County �gIGNAT F4E+DF NOTARY Comm,Expires Jul 2,2006_f OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT () INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ( ...) PARTNER(S) {_._) LIMITED (_) GENERAL NUMBER OF PAGES (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 (3-107426-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californias County of Los Angeles ss. On S€ptPmhpr3, 2QO2 before me, Ann Pel l ant, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public') . personally appeared Nathan Shapel l andamMargaret Leong f Signnr(s) M r personally known to me ❑ proved to me on the basis of satisfactory evidence ' to be the person(s) whose name(s) +sure subscribed to the within instrument and acknowledged to me that-4e414elthey executed i the same in ifsffrerftheir authorized : capacity(ies), and that by -*sAie;f#heir f 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 d official sea[. Signature of Notary Pubiic '/� 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. !V Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer y� Signer's Name: ❑ Individual Top of thumb here Corporate Officer—Title(s): Partner—❑ Limited ❑General 17 Attorney-in-Pact Trustee 17- Guardian or Conservator ❑i Other: Signer Is Representing: 0 1999 Natlonai Notary Association•9350 Do Soto Ave.,P.O.Box 2402•Chatsworth,CA 9.313-2402•www.nationa#notary.org Frod.No.5907 Reorder:Coil Toll-Free 1-800-876-6827