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HomeMy WebLinkAboutMINUTES - 10012002 - C.5-C.9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 1, 2042 by the following vote: AYES: StMWISORS ULAMA, GMM, DESMUMM, aOM, AMID GIOIA NOES: ABSENT: Nlm ABSTAIN: N RESOLUTION NO. 2002/ 5 8 5 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for DA 4414 (cross-reference SUB 7984) 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, DA 4014 (cross-reference SUB 7984) located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of Northern California, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: f I. Cash Deposit Deposit Amount: $4,704.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 392399, September 4, 2402 SC:cw I hereby certify that this is a true and correct copy of an o:\o,pData\Enssvc\Bo\2002\10-01-02\DA 0014 BO-16.doc action taken and entered on the minutes of the Board of Originator; public worsts(ES) Supervisors on the date shown. Contact: T.Rie(3132363) cc: public Works- T.Bell,Construction ATTESTED: OCTOBER )1, Z 2 Current planning,Community Development T--August 2003 JOHN SWEETEN, Clerk of the Board of Supervisors and Shapell Industries of Northern California County Administrator 100 North Milpitas Blvd. P.O.Box 361169 Milpitas,CA 95035 Attn:Saris Warden&Steve Savage National Fire Insurance Co.of Hartford By ,Deputy 21650 Oxnard St.,#600 Woodland Hills,CA 91367 RESOLUTION NO.2002/585 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for DA 0014 (cross-reference SUB 7984) 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 Co. of Hartford Bored Number and Date: 929247999, August 23, 2002 Performance Amount: $467,100.00 Labor&Materials Amount: $235,900.00 Principal: Shapell Industries of Northern California NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/585 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: DA 0014 (x REF SUB 7984) Effective Date: Subdivider: SHAPELL INDUSTRIES OF NORTHERN Completion Period: 1 year CALIFORNIA THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works D ect SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA BY: C_ ,�. :�3 � '' (signature) BY:TJ ut, (print name&title) t Moe,( RECOMMENDED FOR APPROVAL: . Y � By; (signature)A, Engineering Services Z01rJ. iOn (print name&title) Y t e - c, ilAa r y"t ' FORM APPROVED: Westrnan, County Counsel (NOTE:All signatures to be acknowledged. if Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California, hereinafter called"County," and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following), in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee $4,700.00 cash, plus additional security, in the amount of _$ 467 100.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 235,900.00 which is fifty percent (50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§944.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6, "Acceptance",of the Ordinance Code. Subdivider agrees to correct, repair,or replace, at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,doing weed, rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY, inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNIT:': Sub ivid�r shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its 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 the 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 the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or falls to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. Akwlap G:\GrpData\EngSvc\Forr%\AG WORMAG-30ACx Rev.May 18,2001 'G - ......... ......... ......... ......... ......... ......... ......... ......... ................................................................................................ .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California r. County of I) On : , . i Z--._ before me, } �) pate` r"'`y Name and Title of Officer(e.g.,',pare Doe,Not r Pu Vim) n "� I ' personally appeared � -•'-. �%. 9 �5 �j Narne(s)of Signer(s) personally known to mey c ❑ proved to me on the basis of satisfactory "*I evidence Nil r to be the person(s) whose name{s} .4e/are �> subscribed to the within instrument and acknowledged to me that hel 43.e4they executed ,A -ANICET.KRUS;= K. the same in til ltheir authorized Pal d` CioMMIssion#1318897 capacity(ies), and that by �is6#er4their hI <<_ Ana► Notary Public-Csi;¢rnas signature{s} on the instrument the person(s), or Santa Clara dCounty z; the entity upon behalf of which he person(s)Comm. t acted, executed the instrument. f> r; I� w ` `IIITNESS my hand and-Dfficial seal. Piece Notary Seal Above /' Signature of Notary Pubt;c ti �I r; OPTIONAL al Though the information below is not required by law'*gwly pro✓e valuable to persons relying on the document and could prevent fraudulent remove,`and reattachment of this form to another document. I ti T Description of Attached Document 'I Title or Type of Document: X," �� � e �. h E' \� 4 Document Date: Number of Pages: R Signer(s)Other Titan Named prove: Capacity(les) Maimed by signer Signer's Name: v: ❑ individual y ?a Top of thumb here 5, c Corporate Officer—Title(s). ' >.s ; -.�_3 •. f _T rI FI ?arti=er—Ll Limited ❑ Genera'! �S { ❑ Attorney in Pact LJ Trustee > f;I r; Ill Guardian or Conservator ja ❑ Other: I, "i e•I z' Signer is Representing: '—a t``' .;-y u _ ; __:�'5.. a ,_..4a C__ �5 hv`�../,:'.1t;��v'ih.1/•i'✓`vvv�-£ice✓.:'w�v v`•-Ei-:sv=`�✓.,`w"�'v' ✓S�- un�".:Gvv�-»`4.�;:%C>-`"✓.,1��.L��.,UC:,= ,..C:-C.'✓v. :r .+jl ®1999 Naiiooa!4ctary Ass=iai on.9350 De Soto Ave.,A.O.Box 2402 Cnatsworth,CA 513132402•www.na'ronatnotary.wg ?rove.No.5907 Raor@er:Cail Tott-Free 1-800-878-6827 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (Chgonimtia+} eu �' {� �t (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. $ I7 r4C ` Cj ' 4 , C c> I t I i i I f I I t I I i f f 9 I f I I EXPLANATION: TOTAL $ I DEPOSIT (^ Deposit eo following items 1 ^� " LO. ° IN andeCIINdY $CHECKS. $ BANK DES $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D NUMBER c � � DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receiptof abo."-amount is here de po it into the County Tre swy. acknowledge F P7 l 1 } r Signed rSigned: Signed: € ,? Title /. r�%[EXT. ; Depu County Au 14r t Deputy County re surer D-34 REV. 3) " i ) 1 s 000649-9665 / 831000: 01093923, 1500.00, SUB 8158 Map Check Fee, Windemere BLC Land Company, 3130 Crow Canyon #310, San Ramon, CA 94583 000649-9665 / 831000: G1093924, $500.00, RS 2703 Record of Survey Map Check Fee, Brian Kangas Foulk, Consulting Engineers-Planners-Surveyors, 2737 North Main Street, Ste. 200, Walnut Creek, CA 94596 000649-9665 / 831000: 61093925, $500.00, RS 2702 Record of Survey Map Check Fee, Rose M. Sandecki & Nancy Pamela White, 5701 Pine Hollow Road, Clayton, CA 94517 000649-9665 / 831000: 61093926, $500.00, RS 2701 Record of Survey Map Check Fee, Titan Real Estate Investments LLC dba The Crossroads Building, 2960 Camino Diablo, #300, Walnut Creek, CA 94596 000649-9665 / 831000: 61093927, $1,625.00, SUB 8531 Major Subdivision Map Check Fee, 3anin Associates, 957 Stow Lane, Lafayette, CA 94549 000649-9665 / 831000: 61093928, $19,900.00, DP 3001-91 Inspection Deposit, Down To Earth Grading, Inc., 11400 Marsh Creek Road, Clayton, CA 94517 000649-9665 / 831000: 61093930, $35,300.00, RA 1136 Landscaping Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093931, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 $24700.00, DA 0014 Landscaping Inspection $r 9,900.00, DA 0014 Landscaping Plan Review 000649-9665 / 831000: 61093933, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 $18,500.00, DA 0016 Landscaping Inspection $ 7,200.00, DA 0016 Landscaping Plan Review 819800-0800: 61093930, $7,100.00, RA 1136 Cash Bond, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 -`f819800-0800: 61093931, $4,700.0{?, DA 0014 Cash Bond, Shapell Industries of Northern ,.Californic, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 < 819800-0800: 01093933, $3,300.00, DA 0016 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 Subdivision: DA-0014(XREF slt6 984)Gale Ranch It Bond No.: 929247999 Premium: $2,336.00 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT of WAY LANDscAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 666463) 1. REaIW of S msloN AGREE m: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivisionl36-p14(XREF SUB IMQ Gale Ranr.,h 11 as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement (.Right of Way Landscaping), ail in accordance with.State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or parcel Map for said Subdivision. 2. C-auGATio : Shapell Industries of Northern California A Division of Sha ell Industries Inc. ,as Pr cipal,and National E.. irsua cr3_e Company Qf Ha rd -- - - ,a corporation organized existing under the lags of the State of CT , and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California.to pay it: A. Perforce and Guarantee:,Four Hundred Sixty Seven Thousand One Hundred Dollars and 00h00 Dollars ($:467,100.00 _)for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: Two Hundred Thirty Five Thousand Nine Hundred Dollars and 00/900 Dollars($ 235,900.00 )to secuim the claim to which reference is made in Tine XV (coinmencing 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 bounded Principal, his or its heirs, executors,administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manlier therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shalt 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, alll 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 firn:Iy 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 fused 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 fatly 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 bourd without regard to and independently of any action against Principal whenever taken. SIGNTD ASD SEALED on Au ust 25, 2002 Shapeli Industries of Northern PRINCIPAL:California,A Division of Shaped Industries,Inc. SURETY: National {vire insurance Compal of Hartford Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4 City: Milpitaszip; 95035 City:Wor�diarld Hills Zip 9936 By: By: Print Name: Nathan apel l Mart F Leong Print Name: � Tula: President Title: Attorney-in-Fact Y, Print Name and Title: Margaret Leong, Secretary mw 1I`WSIWHAMATAT,,T Det.'E.OvcWISM W0RD)9 T-12A d- te�r: m6f3 5'99 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These presents,That CONTINENTAL CASUALTY COMPANY,ars Illinois corporation,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint Margaret Leong, Individual# of arty Hills,_California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind 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 are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 18th day of June 1998 CONTINENTAL CASUALTY COMPANY tool Sl!lt, ti` t 40 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD ' eOWMAs`r 0 �� AMERICAN CASUALTY COMPANY OF REACTING,PENNSYLVANIA sT SEAL r e l9p2 /049* i J tt#97 Marvin J.Cashion Group Vice President State of Illinois,County of Cook,ss: On this 18th day of June 1998 .before me personalty carne Marvin J.Cashion, 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, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF REACTING, PENNSYLVANIA 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. Jo� 140TAAV PUSILIC k CA•' My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE 1, Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse herw are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this `day of < CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA O� SEALU* ,) Jii2r, 787 ►lA� Mary A. Ribikawskis {Rev.1011/97} Assistant Secretary Authorizing By-haws 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 sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI--Execution of Obligations and Appointment of Attorney-In-Fact Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact., This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from,time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature.Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of Caiifornia County 01 Los Angeles On 2 before me, Ann Pellant. Notary Public - - -- Date NAME, TITLE OF OFFICER., COE.NOTARY PUBLIC' personally appeared Margaret F. Leong NAME(S)OF SIGNER(S) (-L-) personalty known to me —OR — (_) proved to me on the basis of satisfactory evidence to be the person(t whose names) is)t=subscribed to the within instrument and acknowledged to me that )(AlshelbeV,executdd the same in Oda4her/X*�tauthorized capacity{3 , and that byxwherltf� signature(Ij on the instrument the person(A), or the entity upon behalf of which the person( acted, executed the instrument. ,ipw,a 0 IN Oft 01 WITNESS my h and official sees. ANN PULMI&`017t 71 J SIGNATURE OF NOTARY I C r �F i t s as 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 Rartfora SIGNER(S) OTHER THAN NAMED ABOVE fl.:ar.ers-e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ss. >. On August 23, 2002 before me, Ann Pellant, Nntar�f Ptthl;� y Data Name and;ale of Officere. y" ( g.,"Jane Doe,Notary Public") � personally appeared Nathan Shapel l and Margaret Leon Name(s)of Signer(s) >" Xpersonally known to me ❑ proved to me on the basis of satisfactory .w evidence to be the person(s) whose name(s)_.islare w subscribed to the within instrument and `xf, acknowledged to me that+~hey executed the same in ef/their authorized ANN ANT capacity(ies), and that by -hisfh�heir signature(s) on the instrument the person(s), or { ? ; the entity upon behalf of which the person(s) ; F :, acted, executed the instrument, �� pp 4 ,iR�t`i tp..t.«x�S 'f;.�....{� •K Y S G ~:v SF WITNES, hand and official seal. Ni 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. r Description of Attached Document Title or Type of Document: Document Date: Number of Pages: u Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—:i-] Limited ❑General s�Z ❑ Attorney-in-Fact EJ Trustee ' ❑ Guardian or Conservator ❑ Other: z Signer Is Representing: 0 1999 Natrona}NotaryAssociation-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.retionalno?ary.org Prod.No.5507 Reorder Call Toll-Frae 1.600-876-6827 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 1, 2402,by the following vote: AYES: Supervisors Llillr;elra1, Gerber, DeSaulnier, Glover, and?Gioia. NOES: Norge ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 586 SUBJECT: Approve the Drainage Improvement Agreement for West Branch Alamo Creek Improvements for DA 0014(cross-reference Subdivision 7984)being developed by Shapell Industries of Northern California, San Ramon (Daugherty Valley) area. (District III) The following document was presented for Board approval this date for West Branch Alamo Creek Improvements (cross-reference Subdivision 7984), drainage acceptance file DA 0414, property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A drainage improvement agreement with Shapell Industries ofNorthern California,principal, whereby said principal agrees to complete all improvements, as required in said drainage improvement agreement,within one year from the date of said agreement.Improvements generally consist of creek restoration improvements. Said document was accompanied by security to guarantee the completion of drainage improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. SG:"" 0034so-20.aec ATOCTOBER O1 , 2002 �acsynata� sv���zaaztfo.a��z�rATTESTED: ori&ator:Public Works(Es) JOHN SWEETEN,Clerk of the Board of Supervisors and County Contact: T.Ric(313-2363) Administrator cc: Public Works-T.Bell,Construction T—August 2403 Shapell Industries of Northern California P.0sox 361169 By_ f,,<` ' ,Deputy I00 North Milpitas Blvd. Milpitas,CA 95035 ATT:Sam Worden&Steve Savage National Fire Insurance Co.Of Hardbrd 21650 Oxnard Street,#600 Woodland Hills,CA 91362 RESOLUTION NO.2002/ 5 8 6 SUBJECT.- Approve the Drainage Improvement Agreement for West Branch Alamo Creek Improvements for DA 0014(cross-reference Subdivision 7984)being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) DATE: October 1, 2402 PAGE: 2 I. Cash Bond Performance Amount: $9,500.00 Auditor's Deposit Permit No.DP392675 Date: September 10, 2002 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 II. Surety Bond :Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929263043, :August 30, 2002 Performance Amount: $937,100.00 Labor&Materials Amount: $473,300.00 Principal: Shapell Industries of Northern California NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 20021586 DRAINAGE IMPROVEMENT AGREEMENT Subdivisions LSA 0(314 Fcross-reference Subdivision 7984 Effective Date: $ Developer: Shapell Industries of Northern California Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA CC), CUNT DEVELOPER Maurice M.Shiu,Public Works Director Shapell Industries of Northern California Y i By: 011-4 ' (Punt Name w 4 rAk -rt RECOMMEND D F A PROVAL r" "^r',/, X. V. By. Engin rim rvices Division (Print Num and nk) FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.if Developer is iworporated,signatures must conform with the designated representative groups pursuant to Corporations CodeS313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Cour "and the above-named DeveloM ,mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County: A. For Performance and Guarto : $2,500 cash,plus additional security,in the amount of$937.100 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 cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For® Payment: Security in the amount of$473.300,which is fifty percent(50%n)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. Wit0 ,h s security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing laboi os n-aterials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer, the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer 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. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. 5. IMPROVEMENT PLAN WARRANTY. Developer 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 development. 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,Developer shall make whatever changes are necessary to accomplish the work as promised. 6. 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 Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. INDEMNI'T'Y. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County and its 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 the 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 the Developer,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 indemnity has prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity. E. 1. Windemere BLC Land Company LLC('SLC')shall indemnify,defend and protect Contra Costa County("County's and the Contra Costa County Flood Control and Water Conservation District(collectively,"District")against,and held County and District harmless from,any and all claims,costs,losses, liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000,by and between BLC and Shapell Industries, Inc.("Shapell")including,without limitation,any claim, cost,loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County or District in connection with BLC"s activities under the aforementioned Supplement to Cooperation Agreement. 2. BLC's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or any other person;provided,however,that BLC shall not be required to indemnify,protect,defend or hold County or District harmless to the extent any claims, losses, liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District, S. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERFORMAPICE AMD COSTS. If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently proceeds to complete the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. to. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights,in accordance to the Dougherty Valley 1wIOU. RL::kw C:\Docunvnis and Settings,sgospodc"My DocwwntsWreeks bond agreetwnMDA 0014 alta AG.17.doc Rev.April 6.2000 _......_........................................ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT z� u r' State of California i ss, County of f On `• i before me, _ Dater Name and i it!e of Officer(e.g.,"Jane Doe,Notac Public') ! - _ Z�I personally appeared- Name(s)of Signer(s) r j�versonally ;mown to me proved to me on the basis of satisfactory evidence hl F to be the person(s) whose name(s) +stare z subscribed to the within instrument and h acknowledged to me that helshefthey executed the same in his/44�ftheir authorized �� capacity(ies), and that by k ihe�/their � iC T >.« E signature(s) on the instrument the person(s), or Commission 1318ta7 z the entity upon behalf of which the person(s) d L*,V, Notary Public-Californiah ' acted, executed the instrument. 01 o ��ntws Clare County h fly Comm.Exp Ms 24, 5 r °: lIT�3ESS my hand and ficial seal. ht Placa Noiary Seal Above &Ig6ture of Notary PuNic C3P-TION 41L Though the information below is not required by law, it may prove valuable to persons relying on�the document �I and could prevent fraudulent removal and reattachment of this form to another document �r Description of Attached Document _ tTitle or Type of Document; .���4�.° Y r� �: � � y_ ''��-t` ti � e_t'� �I I {e l� Document Cate:. Number of Pages:_ — VI�" �I c Signer(s)Other Than Named above: Ca acitY(ies) Claimed by Signer 'S! Signer's Name:_ �! 1 individual r Y. s ••• Top of thumb here �I Corporate Of--icer Title(s): L Partner—D Limited ❑ General >51 F1 Attorney in Fact �I I 1 Trustee L Guardian. or Conservator ti El tether: �? Signer is2epresenti g; c L a ij�:.'vf`�1—u�,✓.c..G.`z%4:.:.ir....:�^::�w4+`...iv✓v"«.'t-/,rte v'�,r.�`✓,i`�.,;,...vc".(-, j::�`�%i,`cl�i�:<1'�;�,t—' `C::<,`v �.(;U�v�.=C:.�--r�`-T' ®1,959 National Notary Associat ca-9350 Ca Soto Ave.,P.O.Box 2402.Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Cal Toll-arae -80C-876-6827 COUNTY Of CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER iC7 THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER —' (ow'A . (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCR77-IPTION FUND/ORG• ACC. TASK OPTION ACTIVITY AMOUNT $ I I 00 f M ,C)0 1 � 1 oxa �Q,oi V 4 s i i { 1 I I i 1 k 1 I f I I I I � 1 � p q i EXPLANATION: �J f ,+ ..d 0 -e TOTAL DEPOSIT I i Deposit consists of the following' ms _) COIN and CURRENCY $ 3 J' CHECKS,M.O.,ETC. BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT i PERMIT DP NUMBER WET) . DATE 1 1 ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amoun is hereby / depotit into the County Trepsury. acknowldged. Signed: c: '.a� Date r Signed: igned:/' Title: I I " EX7 ✓ ty Count editor Deputy County Treasurer D-34 REV.(7-43) 91 ( (` ! L�✓ 000649-9665 1831000: 61108201, $6,500. Tit 8685 5oundwall Inspection Fee, Shaped Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61108202, $5,100. , Tit 8686 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd„ PO Box 361169, Milpitas, CA 95035 000682-9752 1 819200: 61093941, 142.000.00, 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, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093943, 8 200.00, DA 0016 Cash Bond, 5hapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093944, $1,000.00, DA 0017 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 819800-0800: 61093945, jjQgO.00, TR 8681 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 8198034-0800: 61093946, 11,000.00, TR 8682 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093947, 11,000.04, TR 8684 Cash Bond, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1093948, $1,000.030, TR 8631 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PC} Box 361169, Milpitas, CA 95035 819800-0800: 61093949, $1,000.0 , TR 8683 Cash Bond, 5hapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093950, $1,000.0(?, TR 8684 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61108201, $1,000.00, TR 8685 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 8198030-0800: 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 1 831000: 61093935, $500.00, RS 2704 Record of Survey Map Check Fee, Richard R. Sanchez/Lisa D. Sanchez TTEES OT/Sanchez Family Trust DTD, 601 Union Street, Ste. 3929, Seattle, WA 98101 000649-9665 / 831000: 61093936, $500.1Jt7, RS 2705 Record of Survey Map Check Fee, Nordby Construction Company, 3009A Coffey Lane, Santa Rosa, CA 95403 000649-9665 / 831000: G1093937, $500.00, RS 2706 Record of Survey Map Cheek 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., PC) Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1093943, $40.200.(30, DA 0016 Inspection Fee, Shopell Industries of Northern California, 100 North Milpitas Blvd., PC Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1093944, Shapell Industries of Northern California, 100 North Milpitas Blvd., PC Box 361169, Milpitas, CA 95035 $5,000.00, DA 0017 Plan Check Fee $8,000.00, DA 0017 Inspection Fee 000649-9665 / 831000: 61093945, $-5.700. TR 8681 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd, PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093946, 4 700.00, TR 8682 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PC Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1093947, $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, $5-500.0 , TR 8631 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PC) Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093949, $5,500.00, TR 8683 Soundwall Inspection Fee, Shaped Industries of Northern California, 100 North Milpitas Blvd., PC Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1093950, $5,200.001 TR 8684 Soundwall Inspection Fee, Shopell Industries of Northern California, 100 North Milpitas Blvd., PC) Box 361169, Milpitas, CA 95035 Gale Panch Il (West Branch Creek) Development No: DA0014 (cross-reference Subdivision 7984) Bond: 929 263 043 Alternative B Frerdu n: $4,686 e 00 WFROVVEMENT SECURITY BOND FOR DRAINAGE Irir1PROVEMENT AGREEWNT (faithful performance&maintenance,AND labor and materials) 1. OBI ATION: Sha ell ndustdos of Northern_Californ%a, as Principal, and No ionai_Firc Insurance CoMgany of Hartford, a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of 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. Faithful Performance,&Maintenance: Nine Hundred Thirty-Seven Thousand One Hundred Dollars ($937,100) for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. Labor&Materials: Four Hundred Seventy-Three Thousand Three Hundred Dollars ($473,300) for the benefit of persons protected under Title 15 § et seq. of the California.Civil Code, 2. QJ&L O1l`CONTItACY'; The principal contracted with the County to install and pay for drainage and other improvements in Subdivision 7984, as specified in the Drainage Improvements Agreement, and to complete said work within the time specified in the Drainage Improvement Agreement for completion,all in accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for Subdivision 7984. 3, CUNll__ I�'I ; If the principal faithfully performs all things squired according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County,then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period;and if principal fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement,and protects the premises from claims of such liens, then this obligation as to Section 1-(B)above shall become null and void;otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications 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 alterations without further notice to or consent by Surety-, and the Surety hereby waives the provision of Califomia Civil Code § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this band, Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgement. 3. CONDITTt7N« A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Pdricipal, 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 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 snake 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. �S 1� AND SEALED on Atxpust 30 2002 o pe 1 In rr s of Nor rn California, a National Fire insurance C ar o:� PRINCIPAL Inc. SU �'>t� � Hartford By Nathaft /president VaMel-aL. Z> o�l= o�rney-I.n F6ct Address 1rnupiras Rl-, Address 21,650 OXn=d SLr�aet, „t-e 600,4 'mw Milpitas, CA 95035 Woodland Hills, CA 91367 Mocumenis and Saidng4k;wpadeMy paerrra+riCnakr bnba 02MOI w1130n0014 610 ON-10.doc kov.„um;A 2002 818--713-2035 By: gare�'' o g, Sec= ............................................................................................. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation,and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation(herein called "the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L.Stocks, Beverly A.Hall,Sandra V. Hanner, Individually,Individually of Sherman Oaks, California their true and lawful 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.lune,2002. GAS 4 1�#siJli q� 0, . Continental Casualty Company c +*e ° °rec National Fire insurance Company of Hartford American Casualty Company of Reading,Pennsylvania • AXY 31, +J SEAL. z 1902 «T 18'91 +� MA�M • V�y�l��"""'�'i. l.Lt,,.,. t State of Illinois,County of Cook,ss: Michael Gengler Group Vice President On this 25th day of June, 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 Notcsry Public,$tote of Illinois - My Commission Expires 4/17103 f My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE 1, Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still In force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on tl verse hereof is still in fore testimony whereof i have r nto subscribed my name and affixed the seal of the said corporations this da of 'L (ktD Continental Casualty Company Nationa#Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania Mary A.Ribikawskis Assistant Secretary (Rev. 10/11/01) Authorizing By-Caws 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-#n-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 seat of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article Vi—Execution of Obligations and Appointment of Attorney-in=Fact Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may, from time to time,appoint by written certificates 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 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,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 seat of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and 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 tt is attached,continue to be valid and binding on the Corporation.' State of CALIFORNIA County of LOS ANGELES On August 30 20102 before me, Sandy Banner - Notary Public Date NAME, TITLE OF OFFICER- "JANE DOE. NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(5) { } personally known to me -OR - (_._.) proved to me on the basis of satisfactory evidence to be the person(is) whose name(#is/Ammubscribed to the within instrument and acknowledged to me that i*she/jhw executed the same in biw1herltintauthorized capacity{, and that by MN1herltt signature(a) on the instrument the person(4), or the entity upon behalf of which the person(o acted, executed the instrument. '` i SANDY"-HANKER ■"" y�w�►.� WITNESS/ hand and o seal Commission*1382187 [[ mei Notary Public-CeNfornia Los Angeles County SIGMA URE OF NOTARY Pity Comm.Expires Jul 2,Zoog 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 farm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT { .) INDIVIDUAL.. CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (v) PARTNER(S) LIMITED {�} GENERAL NUMBER OF PAGES ( ) ATTORNEY-IN-FACT {�) TRUSTEE($) GUARDIAN/CONSERVATOR {_ _} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National l=ire Insurance Catnpany of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G•t0742e•e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT y �f State of California ss. County of Los Angeles s On Late 3 2002 Ann Pellant, Notary Public before me, Date Name and Title of Officer(e.g.,"Jane Doe,Notary Publtc') personally appeared Nathan Shapel i and Margaret Leong Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4s/are subscribed to the within instrument and acknowledged to me that#efsheAhey executed the same in 4494"f/their authorized capacity(ies), and that by #�/their #z signature(s)on the instrument the person(s), or r. the entity upon behalf of which the person(s) z acted, executed the instrument. Ux £•'= WITNESS—my hand and officialIR l. � `5 Notary nature of Note Public OPTIONAL ' '',hough 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: Y• Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: e El Individual Top of thumb here A ❑ Corporate Officer—Title(s): ❑ Partner—El Limited ❑General ❑ Attorney-in-Fact k ❑ Trustee ❑ Guardian or Conservator LI; other: 1 Signer Is Representing: 0 1999 National Notary Association+9350 De Soto Ave..P.O.Box 2402+Chatsworth,CA 91313-2402•www.nat;onalnotary.org Prod.No.5907 Reorder:Call Toli-Free 1-800-875-8827 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 1, 2002, by the following vote: AYES: Supervisors Uilkema, Gerber, beSauli ier Glover, and Gioia NOES: None ABSENT: None -- ABSTAIN: None RESOLUTION NO. 20021 5$7 SUBJECT: Approve the Drainage Improvement Agreement for DA 0017 (cross-reference Subdivision 7984)being developed by Shapell Industries ofNorthern California,San Ramon(Dougherty Valley)area. (District III) The following document was presented for Board approval this date for Drainage Improvement Agreement DA 0017 (cross-reference Subdivision 7984), property located in the San Ramon (Dougherty Valley) area, Supervisorial District III. A Drainage Improvement Agreement with Shapell Industries of Northern California, principal,whereby said principal agrees to complete all improvements, as required in said drainage improvement agreement,within one year from the date of said agreement.Improvements generally consist of culvert revetment. Said document was accompanied by security to guarantee the completion of drainage improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. G GArGpDatalEng5vc1BO12002\10-01-02\UA 6017 130-20.doe ATTESTED: OCTOBER 012002 Originator:Public Works(ES) JOHN SWEETEN,Clerk of the Board of Supervisors and County Contact: T.Rie(313-2363) Administrator cc: Public Works-T.Bell,Construction T--August 2003 Shapell Industries of Northern California P.0'Box 361169 By V Deputy North Milpitas Blvd. ' Milpitas,CA 95035 y' ATT:Sam Worden&Steve Savage National Fire Insurance Co.Of Hartford 21650 Oxnard Street,#600 Woodland Hills,CA 91367 RESOLUTION NO.2002/. 5 8 7 SUBJECT: Approve the Drainage Improvement Agreement for DA 0017 (cross-reference Subdivision 7984)being developed by Shapell Industries ofNorthern California,San Ramon(Dougherty Valley) area. (District III) DATE: October 1, 2002 PAGE: 2 I. Cash Bond Performance Amount: $1,000.00 Auditor's Deposit Permit No. DP392675 Date: September 10, 2002 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 II. Surety Band Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929263041,August 30, 2002 Performance Amount: $71,700.00 Labor&Materials Amount: $36,400.00 Principal: Shapell Industries of Northern California NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/587 DRAINAGE IMPROVEMENT AGREEMENT � Subdivision: DA 0017(cr1 1 oss-reference Subdivision 7984) Effective Date: €.' Developer: Shhapell Industries of NorthgM California Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO): CONTRA COSTA COUNTY DEVELUPER Maurice M.Shiu,Public Works Director Shapell Industries of Northern California f By, (Sig-t—) '(Printyam- Name and'rlde�4, {' RECO}MMENDED EOR APPRUVAL , 3 By: (g Suss? ' Engineering Servi a Division (Print Nem¢am LIM) FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.if Developer is incorporated,signatures must conform with the designated representative groups pursuant to Corporations CodeS313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-named Developer,mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS,Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant equipment)as required:in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"world")within the above completion period from date hereof 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. IV, ROV,EMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County: A. For I'er€ortnance and at : 1, Q�0 cash,pleas additional security,in the amount of$21700 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 cashier`s check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$36,400,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. vv il'.i ih,s security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing h,,bor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer, thv lmoum of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer 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. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. 5. IMPROVEMENT PLAN WARRANTY. Developer 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 development. 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,Developer shall make whatever changes are necessary to accomplish the work as promised. 6. 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 Developer of his obligation to fl'fill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the Iiabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County and its 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 the 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 the Developer,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 indemnity has prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity. E. 1. Windemere BLC Land Company LLC('SLC'}shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims,costs,losses, liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000,by and between BLC and Shapell Industries, Inc.("Shapell")including,without limitation,any claim cost,loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement. 2. BLC's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or any other person,provided,however,that BLC shall not be required to indemnify,protect,defend or hold County or District harmless to the extent any claims, losses, liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. &. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERFORMANCE AND COSTS. If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently proceeds to complete the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 10. ASSIGNMENT If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights,in accordance to the Dougherty Valley MOL'. RL::kw C`r Uci menus and Set6ngslsgospodc:N1y Docamen+slCreeks band agreemenMDA 0017 AG-17.doc Rev.Ap;it 5,2000 ............................................................................................................................................................................................................................................................................................................ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 3 ss. , County of On s before me, ,t aN, i Oate v _ _ Name and ,tle of OHicor(e.g., Jane floe ubflc jo S personally appeared w Se +-A �` AL1- 5,1i >; Name(s)of Signer(s) 'sonally known to me D proved to me on the basis of satisfactory �K' evidence '{ �l to be the person(s) whose name(s)v4slare subscribed to the within instrument and acknowledged to me that 1;,�/they executed the same in 4is�their authorized capacity(ies), and that by their ?' JAlkICE 'sSE signature(s)on the instrument the person(s), or :. CemM7ssin^ 1969p the entity upon behalf of which? the person(s) s I Notaary Public-Califorriia acted, executed the instrument. Sar°a Clsra Ccuraty r, , My Comers.Expires Aug 24,2005 ,1i`+IiTNESS my hand and official seal. Signature of Notary Public OOTIOUALI 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. 5 Description of Attached Document Title or Type of Document: IN Clocument Date: Number of Pages: Signer(s)Other Than Named Above: j Capacity(les) Claimed by Signer tSigner's Name: BEE • . � �, s F-1 Individual q r i Top of thumb here Title( Corporate Officer— ^' D Pa4ner—D Limited D General Attorney-in-Pact D Trustee D Guardian or Conservator I Il Other Signer is Representing:—j 0 1939 National Notary Assccia=.icn•9350:)e Soto Ave.,?.O.r3ox 2402-Chatsworth.CA 51313-2402>www.naticnalnotary.org ?rod.No.5907 Reorder:Call'n1--ras 1-600-976-6827 4Yvi Tf i YR 4Y✓f Yf t1t^t�V'L YYh DEPOSIT PERMIT" 4 OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER: RECEIVED FROM ORGANIZATION NUMBER (Clr9arda3Naer} (For Gash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND(ORG ACCT. TASK OPTION ACTIVITY AMOUNT /a,3 � tco Q,#560 ) ,, r1 % ;t t� r 1 1 3 1 1 1 1 1 1 E t t t t 4 3 I ZON Ca t 1 ' $EXPLANATION: TOTAL " - 1 • _ DEPOSIT 1bO Deposit consists of the following it ms 31, COIN and CURRENCY $ CHECKS,M.Q,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D� NUMBER 392675 SEPIKE DATE 1 ASSIGNED The amount of money de"bed above is for Treasurer's receipt of above amount is approved. Receipt of above amoun rs hereby j depa it into t County TrepF ury. acknowl7dged. , Signed: ' Jr Dot >/ 7 y Title' rz Uk YAXT. ty oust icor Deputy County Tmasutnr D-34 REV.{7.93} 000649-9665 / 831000: 61108201, X500.030, TR 8685 Soundwall Inspection Fee, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361161, Milpitas, CA 95035 000649-9665 / 831000'. 61108202, $5,100. , TR 8686 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 15035 400682-9752 / 811200: 61013941, x,42,,000.030, SUB 7184 Road Improvement Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819804-0800; 61093942, $9,500.00, ISA 0014 Cash Bond, Shopell Industries of Northern California, 1003 North Milpitas Blvd.,PO Box 361161, Milpitas, CA 95035 819800-0800: 61093943, 14,g0_000,. DA 0016 Cash Bond, Shapell Industries of Northern California, 1030 North Milpitas Blvd., PO Box 3611.69, Mi�its�s,�A �!5C}3� _-._.-.. ry..... 4. 4 f' _.... 8198003-0800 61093944 11,000.00, ISA 01017 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 _....m....._.. _... _.. .-. .....� 819800-0800: 610393945, $1,000. , TR 8681 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,Ptd Box 361169, Milpitas, CA 95035 819800-038030. 61093946, $1,000.th3, TR 8682 Cash Bond, Shopell Industries of Northern California, 1001 North Milpitas Blvd., PO Box 361169, Milpitas, CA 950135 819800-0800. 610193947, 100 0.00, TR 8684 Cash Bond, Shapell Industries of Northern California, 1030 North Milpitas Blvd., PO Box 361161, Milpitas, CA 95035 811800-0800; 610193948, ILOOO.00, TR 8631 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 950335 819800)-0}8030: 610313949, .x1.0003.030, TR 8683 Cash Bond, Shapell Industries of Northern California, 1003 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 819800-03800: 610333950, $1,000.00, TR 8684 Cash Bond, Shapell Industries of Northern California, 10103 North Milpitas Blvd., PO Box 361169, Milpitas, CA 150335 811840µ0800: 61108201, $1-000,00, TR 8685 Cash Band, Shapell Industries of Northern California, 1001 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 8198003-138030. 61148202, $1,000.003, TR 8686 Cash Bond, Shapell Industries of Northern California, 10330 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 62093935, $5030.017, RS 2704 Record of Survey Map Check Fee, Richard R. Sanchez/Lisa D. Sanchez TTEES OT/Sanchez Family Trust DTD, 601 Union Street, Ste. 3929, Seattle, WA 98201 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, , RS 2706 Record of Survey Map Check Fee, Santino & Thompson, Inc., 1355 Willow Way, Ste, 280, Concord, CA 94520 000649-9665 / 831000: G1093942, $46.100.00, OA 0014 Inspection Fee, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1093943, $40,,2003. , DA 0016 Inspection Fee, Shapell 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.C10, DA 0017 Plan Check Fee $8,000. DA 0017 Inspection Fee 000649-9665 / 831000: 61093945, $5,700.C}t}, TR 8681 Soundwall Inspection Fee, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 610193946, $4,700.0107, 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, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 950135 000649-9665 / 831000: G1093948, $5,500.{70, TR 8631 Soundwall Inspection Fee, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093949, $5,500.OtJ, TR 8683 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093950, $5,200. 0, TR 8684 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 Gale Rich II , WestBranch Creek Development No. DA0017(cross-reference Subdivision 7984) Bond: 929 263 041 Premium: $359.00 I1 WROVE&MNT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance&maintenance,A�p labor and materials) l. g LIQAT1ON, Shapell-Industr'ej of Northern California, as Principal, and National Fire Insuragge C, ompgUo f HAn rel, a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of 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. Faithful Performance, & Maintenance. Seventy-One Thousand Seven Hundred Dollars ($710700)for itself or any city-assignee under the below-cited Drainage Improvement Agreement, plus 13. Labor&Materials: ;Thirty-Sian Thousand Four Hundred Dollars($36,100)for the benefit of persons protected under Title 15 §et seq. of the California Civil Mode. 2. 'AL OF,CO„ Pt i al contracted with the County to install and pay for drainage and other improvements in , n Was specified in the Drainage Improvements Agreement, and to complete said work wit"itt a time specified in the Drainages Improvement Agreement for completion,all in accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for Subdivision 7984. 3. BOND TT{ K. If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period; and if principal fully pays the contractors, subcontractors, and persons renting equipment or furnishing tabor or materials to them for said work and improvement,and protects the premises frpm claims of such liens,then this obligation as to Section 1.(13)above shall become null and void;otherwise this obligation remains in full force and effect, No alteration of said contract or any plans or Specifications 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 alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of California Civil Code § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sties on this bond, Surety will pay reasonable attorney fees Fixed by court to be taxed as costs and included in the judgement. 3. CONDITION.• A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs, executors,administrators, successors or assigns, shall in all things stand to and abide by,and well and 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 an4 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. S. The condition of this obligation as to Section 2.(8) 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 famished or labor thetcon 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 heroin 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 3482)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 Cotte Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on Ajaoist 30, 2002 ies Nor e� Californ a � n „�Ac. St3It&T-f National Fire Insurance Co=any of By a pe resident Parwia L. StbCksAttorney-in-Fact Address 100 N Address 21650 Oxnard Street Suite 600-4 :mw Milpitas, CA 9503.5 Woodland Halls, CLQ 91367 000comemi slid smpngsudaspo,limy Down A Cf bond 1) 017 IN•14.dac 818-713-2035 Margar t -0ng S retary .............. ................................................................................................................................................................................................................................................... ........................................................... POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation,and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation(herein called "the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L.Stocks, Beverly A. Hall, Sandra V. Hanner, Individually,Individually__ Of Sherman Oaks,California their true and lawful 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. �G1���ry iMSItR ;,app�►v pry h+ Continental Casualty Company Go�+vurg =LY31r SEALod National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania �c) . Michael Geng#er Group Vice President State of Illinois,County of Conk,as: 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' c DIANE FAULKNER Notary public,State of Illinois My Commission Expires 4/17/05 My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE 1, Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-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 Gtr day of_ A Pw-t _ 2002_ casu+r�, 411 ,t. Continental Casualty Company 0000RAre yt 4tr National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania v SEAL fu� i i, , 1097 Mary A.Rib€kawskis Assistant Secretary (Rev. 10111/01) 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 1X--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 attomeys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 97th day of February, 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 W-Execution of Obligations and Appointment of Attorney-in-Fact Section 2.Appointment of Attorney-In-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,.Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact.,, This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company.° ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto,The President, an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact.' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation.' State of CALIFORNIA County of LOS ANGELES On August 30, 2002 before me, Sandy Banner - Notary Public Cate NAME, TITLE OF OFFICER., "JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) (x) personalty known to me - OR -- (_-.._) proved to me on the basis of satisfactory evidence to be the person(x) whose name(#is/slemsubscribed to the within instrument and acknowledged to me that Wshe/AtM executed the same in Idsther/talc authorized capacity, and that by Nwher/# signature(s) on the instrument the person(4), or the entity upon behalf of which the person(s) acted, executed the instrument. SANQY I ANN t� WIThiES� my hand and al seal. Commission#136215 o Notary Public-CBtibmia � SIGN PURE©!�NOTARY Los Angeles County 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 SINNER DESCRIPTION OF ATTACHED DOCUMENT (- } INDIVIDUAL (__) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED GENERAL ( ) ATTORNEY-IN-FACT NUMBER OF PAGES 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 0.107426-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �k s State of California ss. v County o t Los Angeles if Y. On September 3, 2002 before me, Ann Pell ant, Notary Public Data Name and Tate of OBicar{e.g.,"Jane doe,Notary Public") ya. personally appeared Nathan Shapel l and Margaret Leong Name(s)of Signar(s) personally known to me ? j� proved to me on the basis of satisfactory 5� evidence to be the person(s) whose name(s)mare subscribed to the within instrument and acknowledged to me that-hekAelthey executed the same in NsAieritheir authorized capacity(ies), and that by h4a�hair4their sx signature(s)on the instrument the person(s),or a the entity upon behalf of which the person(s) i z: i �� � r acted, executed the instrument. , , {-• T �.;�- WITNESS my hand and official seal. J 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 F 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: '3 Capacity(les) Claimed by Signer Signer's Name: ill x Top of thumb here ❑ Individual ❑ Corporate Officer—Titie(s): ❑ Partner—C. Limited ❑General ❑ Attorney-in-Fact ❑ Trustee . 6, ❑ Guardian or Conservator r- ❑ Other: Signer Is Representing: 0 5989 National Votary Association•9360 Ce Soto Ave.,P.C.Box 2402•Chatsworth,CA 91,313-2402•www.nationatnotarymrg Prod.No.5907 Reorder:Cal!Toll-Free 1-800.878-5827 � :� �t VIII ISI III�fly it II I Illlli II E }ijt� J]f j{ Office CONTRA COSTA Co Recorder Offi L, ,r STEPHEN 1, WEIR Clerk-Recorder Recorded at the request of: DOC— 200 -0354960-00 Contra Costa County Wednesday, OCT 02, 2002 17;:51:20 Board of Supervisors FRE $0.00 Return to: j R ,{ Public Works Department TtI Pd $0,$0 Engineering Services Division , Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 1, 2002 by the following vote: AYES: 93MVISM =0114, Gam, DESAIUUM, ally-ER, AND GIO7A NOES: NONE ABSENT: NONE ABSTAIN NONE RESOLUTION NO. 2002/ 5 8 8 SUBJECT: Accepting completion of improvements and declaring a certain road as a county road (Dean Lesher Drive), Minor Subdivision 10-00, Concord area. (District IV) The Public Works Director has notified this Board that the improvements in Minor Subdivision 10-00 have been completed as provided in the Subdivision Agreement with Contra Costa Newspapers, Inc., heretofore approved by this Board in conjunction with the filing of the Subdivision Map. PE:cW G:\C»pData\EngSvc\BO\2002\10-01-02\MS 10-00 B0-45.doc I hereby certify that this is a true and correct copy of an action taken Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contact: Rich Lierly(313-2348) shown. CC. Public Works -Tax I.D.94-1634894,Accounting O$$ -T.Bell,Construction Div. ATTESTED: , 2002 -J.Florin,M&T Lab JOHN SWEETEN,Clerk of the Board of Supervisors and County -H.Finch,Maintenance Div. Administrator -1.Bergeron,Mapping Div. T—4-01-03 Recorder(via Clerk),then PW Engineering Services '` Sheriff-Patrol Div.Commander By _ "' Deputy CHP,c/o Al , CSAA—Cattog Contra Costa Newspaper,Inc. 2540 Shadelands Drive Walnut Creek,CA 94590 Safeco Insurance Co.of America 3700 Crestwood Parkway,Suite 450 Duluth,GA 30096 City of Concord 1950 Parkside Dr. Concord,CA 94519 Attn:Robert Clark RESOLUTION NO.2002/ 588 SUBJECT: Accepting completion of improvements and declaring a certain road as a county road (Dean Lesher Drive), Minor Subdivision 10-00, Concord area. (District IV) DATE. October 1, 2002 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of October 1, 2002 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY December 12, 2000 Safeco Insurance Co. of America BE IT FURTHER RESOLVED the payment (labor and materials) surety for $13,150.00, Bond No. 6034837 issued by the above surety be RETAINED for the six month lien guarantee period until April 1, 2003, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that Dean Lesher Drive the hereinafter described road, as shown and dedicated for public use on the Parcel Map of Minor Subdivision 10-00 filed December 18,2000, in Book 180 of Parcel Maps at Page 7,Official Records of Contra Costa County,State of California, is ACCEPTED and DECLARED to be a County Road. Road Name Road-R/W Widths Road No. Suers Lengths(Miles) Dean Lesher Drive 45' —66' 4285H MU 0.07 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$1,000.00 cash deposit(Auditor's Deposit Permit No.359600,dated November 27, 2000) made by Contra Costa Newspapers, Inc. and the performance/maintenance surety for $25,300.00, Bond Number 6034837 issued by Safeco Insurance Company of America be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2002/588 111111111 IN IIIII 111111111 CONTRA COSTA Co Reorder Office STEPHEN L, WEIR, Clerk-Recorder Recorded at the request of: DOC - 2002-0354983-00 Contra Costa County Wednesday, OCT 02, 2002 13:52:57 Board of Supervisors FRE $0.00 Return to: Public Works Department Tt 1 Pd $0.00 Nbr-0001076430 Engineering Services Division Ire/RS/1-2 Records Section 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/ 589 SUBJECT: Accepting completion of improvements for Minor Subdivision 22-98,Martinez area. (District 11) The Public Works Director has notified this Board that the improvements in Minor Subdivision 22-98 have been completed as provided in the Subdivision Agreement with Albay Construction Company, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. PE:cw rJ:\CrrpData\Engsvc\Bo\2002t10-01-02\Ms 22-98 Bo-45.doc I hereby certify that this is a true and correct copy of an action taken Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contact: Rich Lierly(313-2348) shown. cc: Public Works -SS`s 570-41-2943,Accounting -T.Bell,Construction Div. ATTESTED: U T 0 E l? 01 . 2 Q Q 2 -J.Florin,M&T Lab JOHN SWEETEN, Clerk of the Board of Supervisors and County -H.Finch,Maintenance Div. Administrator -1.Bergeron,Mapping Div. -P.Edwards,Engineering Services Recorder(via Cler ) then PW Engineering Services Sheriff-Patrol Div,Commander By '' Deputy CHP,c/o Al ' CSAA—Cartog Albay Construction Co. 865 Howe Road Martinez,CA 94553 National Surety Corporation One Market Plaza, 10"'Flr, San Francisco,CA 94105 Steve Carvajal 170 Via Vaqueros Martinez,CA 94553 RESOLUTION NO.2002/5 8 9 SUBJECT: Accepting completion of improvements for Minor Subdivision 22-98, Martinez area. (District II) DATE: October 1, 2002 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of August 13, 2002 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF-BANK/SURETY May 23, 2000 National Surety Corporation BE IT FURTHER RESOLVED the payment (labor and materials) surety for $23,200.00, Bond No. 11133469814 issued by the above surety be RETAINED for the six month lien guarantee period until February 13,2003, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the$1,000.00 cash security for performance(Auditor's Deposit Permit No.349737,dated May 8,2000)plus interest in accordance with Government Code Section 53079,if appropriate,to Steve Carvajal pursuant to the requirements of the Ordinance Cade, and the Road Improvement Agreement and surety bond are exonerated. RESOLUTION N0. 2002/589 COUNTY OF CONTRA COSTA DEPOSIT PE6iliA[T , OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER% MARTINEZ,CALIFORNIA RECEIVED FROM Gong Costa Coxmty P'dt)lj0 Wo-_r ., ORGANIZATION NUMBER 255 Glacier Dry i, t : pz_ -f`.A 94 553 (Far Cash Co#lection Procedures.see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORACCT.SUB; TASK OPTION ACTIVITY AMOUNT wal e of Plans &81 0045CO 993 . RWE S C 9 $ 44.00 Sales `ice x.0(,9'. 0637 1J.96 .dem 9501.6 7 00G672 9755 REV b1016C0 20.00 NS22-98 hrprove Flan Rev. 00--{ 651 9660 6L0073 41274.02 Isw P 819800 08001,00d.00 81210 SH000 763,20j.7 1 I L i I I t r i' i t I 1 EXPLANATION: TOTAL C.�EPOSfT $ 3�5 .0�3.9 a A 't.. No Voids, E S s 87J �- i 3872 !Y`C3 1t3 Deposit consists of the following iterm �7C t 2 825 i3# v` t COIN and CURRENCY CHECKS,M.C.,ETC. $8 ,500 m 19 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBLY DATE -, ?H. ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury, acknowledged fSigned: s. ^ _ Date �� Signed: '_ Ram Signed: E Title: t, rk EXT. 3-v2344 Deput;Cduc�ty Auditor ,, Depu my Treasurer D-34 REV.(7-93) 9 ) Caro'/ �'_,I.lg Jv&a Jett 'oabra Liza Az3,le (2) Ca o' � Trust Fund 831000-0800 Total $ 76,209.71 G#1038752 $500.00 Record of Survey Partial Deposit for Parcel 367-250-010. ($200.00 of full deposit is still clue) #570-41-2943, Arthur D. Bridges Family Trust, PO Box 1037, Alamo, CA 94507 G#785248 $100.00 P-1172 Lot Line .Adjustment for MS-19-89, Kellogg Creep Labradors, ?Michael Brown, 3850 Kellogg Creek Rd., Byron, CA 94514 G#785249 $69,800.00 MS0003-98 Cash .Performance Guarantee of Performance, Fred Schappert, 51 Brightwood Circle, Danville, CA 94506 G#785250 $ 393.71 Map Check Payment (MS22-98) and $4,516.00 Improvement Inspection Deposit (MS22-98) Steve Carvajal, PO Box 1798, Martinez, CA 94553 Trust Fund 819800-0800 G#785250 $1,000.00 MS22-98 Performance Cash Bond, Steve Carvajal, PO Box 1798, Martinez, CA 94553 ,-f A� W. W 6-'10--q1 - �q q3 Trust Fund 812100-0800 'G#785250 $1,942.50 Drainage Mitigation Fee, (MS22-98) Steve Carvajal, PO Box 1798, Martinez, CA 94553