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Home My WebLink AboutMINUTES - 09092003 - C.23-C.27 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 9, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GRELNBERG AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR GLOVER ABSTAIN: NONE RESOLUTION NO. 2003/ 534 SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance,Minor Subdivision 10-00, Concord area. (District IV) On October 1,2002,this Beard resolved that the improvements in Minor Subdivision 10-00 were completed as provided in the Subdivision Agreement with Contra Costa Newspapers,Inc.,and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period fallowing completion and acceptance. NOW THEREFORE BE IT RESOLVED that the Public Warks Director is AUTHORIZED to refund the $1,000.00 cash deposit (Auditor's Deposit Permit No. 359600, dated November 27, 2000)plus interest to Contra Costa Newspapers,Inc.in accordance with Government Code Section 53079 (if appropriate) and Ordinance Code Section 94-4.406 ((and the subdivision agreement)) BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement and surety bond are exonerated. G:\GrpData\EngSvc\BO\2003\9-09-03\MS 10-00 E0-60.doc Originator: I hereby cern that this is a true and correct co of an flriglnator: Public Works(ES) y � copy Contact: Rich Lierly(313-2348) action taken and entered on the minutes of the Board of cc: Public Works -Accounting,Tax I.D.94-1634894 Supervisors on the date shown. J.Florin,M&T Lab -T.Bell,Construction -P.Edwards,Engineering Services Current Planning,Community Development ATTESTED: SEPTEMBER. 09, 2003 City of Concord , Cathy Munneke JOHN SWEETEN Clerk of the Board of Supervisors 1950 Parkside Drive and County Administrator Concord,CA 94519 Safeco Insurance Company of America 3700 Crestwood Parkway,Suite 450 Duluth,GA 30096 Contra Costa-Newspaper,Inc. By ,Deputy 2640 Shadelands Drive Walnut Creek,CA 94590 RESOLUTION NO.2003/.534 RECORDING REQUESTED BY: IIII SII IIl IIIII ITN IIIII IIIIII ILII I IIII I 11111111 CONTRA COSTA COUNTY CONTRA COSTA Co Recorder Office BOARD OF SUPERVISOR STEPHEN L. WEIR Clerk-Recorder DOC— 200 —0454681-00 RETURN TO: Thursday, SEP 11, 2003 14:35:11 FRE $0.00 PUBLIC WORKS DEPARTMENT Tt 1 Pd $0,00 Nbr-0001740280 (ENGINEERING SERVICES DIVISION) 1rc/RS/1-4 ORDER NO. : 0.24 DOCUMENT TITLE (S) ACCEPTING COMPLETION OF PRIVATE IMPROVEMENTS, MINOR SUBDIVISION 15-00 BEING DEVELOPED BY AMERICAN FOREST PRODUCTS. INC. , TASSAJARA (LIVERMORE VALLEY) AREA, (DISTRICT III) This coversheet is for recording purposes only and is not an attachment to or part of Board Resolution 2003/535. RESOLUTION 2003/535 SUBJECT: Accepting completion of Private improvements and Approval of the Parcel Map for Miner Subdivision 15-00, being developed by American Forest Products, Inc., Tassajara (Livermore Valley) area. (District TTI) DATE: September 9, 2003 The Public Works Director notified the Board of Supervisors that the private improvements for Minor Subdivision 15-00, private road off Collier Canyon Read approximately six miles south of Highland Road, being developed by American Forest Products, Inc., have been completed as of September 9, 2003. Such private improvements were accepted as complete and the roads were not accepted nor declared to be County roads. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFOR'vIA Adopted this Resolution on September 9, 2003,by the following vote: AYES: SUPERVISORS GIOIA,_ UILKEMA, GRREENBERG AND DESAULNIER NOES: DONE ABSENT: SUPERVISOR GLOVER ABSTAIN: NONE RESOLUTION NO. 2003/ 535 SUBJECT: Accepting completion of Private improvements and Approval of the Parcel Map for Minor Subdivision 15-00, being developed by American Forest Products, Inc., Tassajara(Livermore Valley) area. (District III) The Public Works Director having notified this Board that the Private improvements for Subdivision MS 15-00,being developed by American Forest Products, Inc., have been completed and that such improvements have been constructed without the need for a subdivision agreement. The following documents were presented for Board approval this date: I. Map The parcel map of Minor Subdivision 1500, property located in the Livermore Valley area, Supervisorial District III, said map having been certified by the proper officials. II. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2002-2.003 tax lien has been paid in full and the 2003-2004 tax lien,which became a lien on the first day of January 2003, is estimated to be $6,000.00, with security guaranteeing payment of said tax lien as follows: I hereby certify that this is a true and correct copy of an action Originator:Public worm(ES) taken and entered on the minutes of the Board of Supervisors Contact: Rich Lierly(313-2348) JH:rm on the date shown. C,:\GtpData\EngSvc\BO\2003\9-09.03\MS 1500 140-21.doc cc: Public works—T.Bell,Construction -P.Edwards,Engineering Services Current Planning,Cornmuruty➢eveloprnent ATTESTED: SEPTEMBER 09, 2003 Recorder via Title Company CSAA—Cartog JOHN SWEETEN, Clerk of the Board of Supervisors and American Forest Products,Inc. County Administrator Ivan Nablik 7900 Collier Canyon Road Livermore,CA 44550 Placer Title Company Cathy White By Deputy 5356 Clayton Road,Suite 125G Concord,CA 94521 RESOLUTION NO.2003/ 535 SUBJECT: Accepting completion of Private improvements and Approval of the Parcel Map for Minor Subdivision 1500,being developed by American Forest Products, Inc., Tassajara(Livermore Valley) area. (District IIT) DATE: September 9, 2003 PAGE. 2 +� Tax Surety Auditor's Deposit Permit Number. 410114 Date: August 11, 2003 Amount: $6,000.00 Submitted by: American Forest Products, Inc. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said parcel map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That the private improvements have been completed and that the roads are NOT ACCEPTED NUR DECLARED as County roads at this time. All deposit permits are on file with the Public Works Department. is a old Willi i ILtill �-- sa tt t ti R �. :. t C a ( i gYj fb r (€ } pg {} IL Digit R, jig ' ts �i t } a iOEM ,.'.. t I gig i �i l hI loll �Iai fit , M I g m�� la1 fff._.rjl F \ fRR�vvv n '� !C w 4C..�'��'.fY_ tel � •_• 4`l,µ V1 v Z �1 `i \\ ��`�"ti`�� °`f`.�i4 IL Ln bi `'`-�`` (� eu `•ani,_J�zn c�� .' � v a -5 � �•� r�.� � '�' `J x u O is w W x cr o ca n N tam-;��...y m Ir Lr Q. fl. 2 a. Sd.61 �n ji 7 n ,N;f -4 Ci s ate" t G-1 Q two i '� I a 1 fol Rk � ywj r IZ 5:1 lzt r� �.�y Y r'•]G 4.1\5. �.'.{'V L7� �� ,G.ry Lr�'��.` S a <, ai tt s v k u yrCh r4 �� ti' eXtj fr Q yob N Ct tl �- tv cc o tcLAJ { v z c C 'l;larvYC1A' ,!ER C3i N -`� Qz LZ // dD _ ..�__ 19,999 ,f]t"5i� l '".•' '.-E�� VS J4.r j ori= 'rC� ,� (� / }f/,� m..��1 t7} C:, CI V 6641 N'-7S.ri loll Y S V i:f co x AND "pNIC �"� eca trtrC II t,• 7 �� O � W Y:V• 0 A /� ''` f.� :•> J'+Js•- �C~S -- ter. :yam+": ai tib. T'Y^rpn..T,¢ `T .. ,..... .--' ?T 4 rY F f��• *� � m'r.i `1�� 3 "�s*h j' � ji 'Cff t'S � � � � x. yar.�y} n 02 ,r.,M6 s o y Q2 at4 H, zo t+ q i "' i,,•1 y v v r,. k, ce tr; ty a ct La r.IL i 6 % a 0 �g !� 90Y er (AYAsavO8 U1) ..+A% Ory w. va «> ti ?ate `k, +' CY F- ks CL CW kk LQ CL- r i J r -....i � �� '"��{�� _fie;•,_ 4 �� 1,1 � U7,v' 114 QL 1 ,SkUklt yak uj m Z1mc' ti w iI t1 �.i+ 7r6 r L 4 ' �.! "r+., r t�-� x ..a, 1•i�„ c. /'` F i�,� �tis W Ve 1 a ! Oil � � L.fs9N ��i S ' "9,9 VOID AFTER 811 718/03 LACER��008 00-0015 Tax Collector's Office William J.Poilacek 625 Court Street Contra County"treasurer-'rax Collector Finance Building, Room 900 P.O. Box 631Russell V.Wafts Martinez,California 54553- Costa Chief Deputy Treasurer-Tax Collector 0063 (525)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor r� - Date: 7/8/2003 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 26018) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract I MS# city T.R.A. 00-0015 LIVERMORE VALLEY 68003 Parcel#. 205-030-007-4 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2002-2003 tax lien has been paid in full. Our estimate of the 2003-2004 tax lien, which became a lien on the first day of January, 2003 is $6,000.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasur-Tax Collec r By: County of Contra Costa Deposit permit Office of County Auditor-Controller Martinez, California To the Treasurer: ' Received From TREASURER TAX COLLECTOR Organization Number 0016 (Organization) 825 COURT ST. RM.100 Martinez, CSI. 94553 (For Gash Collection Procedures See County Administrator's Bulletin 105.) Description Fund/Org Sub Acct Task Option Activity_ Amount SUBDIVISION GUARANTEE 810900 0800 $6,000.00 REI Total Deposit $6,000.00 SUBDIVISION GUARANTEE FOR : 00-0015 Deposit Consists of the following Items COIN and CURRENCY $ AMERICAN FOREST PRODUCTS, INC. crlEGKs,M.O.,Etc. $ 7900 COLLIER CANYON RD BANK DEPOSITS $ LIVERMORE, CA. 94550 FOR AUDITOR-CONTROLLER USE ONLY ATTN: IVAN NAHLIK DEPOSIT PERMIT NUMBER AND DATE ASSIGNED: 025-827-9818 USE TO PAY TAXES DP# 410114 DATE 08111103 The amount of money described above is for Deposit into Treasurer's receipt of above amount Is Receipt of above amount is hereby acknowledged. the County asury. approved. Signe Date: 8111/03 Signed: signed: JULI E PICARD Deputy County Auditor Deputy County Treasurer D-34 Rev.(5101)JAG TME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on September 9, 2003,by the fallowing vete: AYES: SUPERVISORS GIOIA, UILKE IIA, GRMPERG AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR GLOVER ABSTAIN: NONE RESOLUTION NO,20031 536 SUBJECT: Approval of Road Improvement Agreement for Monarch road, RA 1135, Subdivision 7984,being developed by Shapell Industries ofNorthern California,San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval for Monarch Road, road acceptance file RA 1135(Subdivision 7984)property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A Road Improvement Agreement with Shapell Industries of Northern California,principal, whereby said principal agrees to complete all improvements,as required in said road improvement agreement,within one year from the date of said agreement,hnprovements generally consist ofroad and drainage improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: 1 hereby certify that this is a true and correct copy of an action Originator: Public Works(ES) taken and entered on the minutes of the.Board of Supervisors Contact: Teri Ric(313-2363) SG:rxnOn the date ShO,,Vn. C3:1GrpDatalE.ngSw\Ba',200319-09-03\RA 1135 BO-15.doc cc: Public Works-T.Bell,Construction SEPTEMBER 0 200 Current Planning,Community Development ATTESTED: , T-Duly9,ustr (PI) Shapell Industries ofNorthem CaliforniaJOHN SWEETEN, Clerk of the Board of Supervisors and Sam Worden&Steve Savage County Administrator P.O.Box 361169 100 N.!Milpitas Blvd. Milpitas,CA 95035 National Eire Insurance Company of Hartford m Pamela Stocks 5820 Canoga Avenue,Suite 200 By -- ,Deputy Woodland Hills,CA 93367 RESOLUTION NO.2003/ 536 SUBJECT: Approval of Road Improvement Agreement for Monarch Road, RA 1135, Subdivision 7984,being developed by Shapell Industries of Northern California.,San Ramon(Dougherty Valley) area. (District III) DATE: September 9, 2003 PAGE: 2 1. Cash Band Performance Amount: $21,700.00 Auditor's Deposit Permit No. DP 448866 Date: July 17, 2003 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 11. Surely Bond Bond Company: National Eire Insurance Company of Hartford Bond Dumber and Date: 929270250 July 3, 2003 Performance Amount: $2,147,300.00 Labor&Materials Amount: $1,084,500.00 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc.,A Deleware Corp. NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION N4. 2003/536 ROAD IMPROVEMENT AGREEMEN F ,/ Developer: Shapell Industries of Northern_California _ Effective Date: /��/` / '> Development: RA 1135 (,Cross Ref.SLTI3 7984) Completion Period: i year Road: Monarch THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA_C0ISNTY DEVELOPER Maurice M.Shiu,Public Works Director By: (siguatnre) F S'}Sit F}n+xw. RECOMMENDED FOR APPR ' X r En,gt e n ervtces Division '(printtitle; ,c e FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signarnres must conform with the designated representative groups pursuant to Corporations Code S313.) I. PARTIES&D 1 E.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup and the above-mentioned Developer, mutually promise and agree as follows concerning this development: 2. 2vTROVEMEIv r5. Developer agrees to install.certain road improvements(bath 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 development 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: I IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: 21.700 cash,plus additional security,in the amount of$ 2x147,300 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 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 Pa�nnent: Security in the amount of$ 1,084,500 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 Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor 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,the amount securities may be reduced in accordance with 594-4.406 and S94-4.40$of the Ordinance Code. 4, GUARANTEE AND WARR.AnTX QF�t ORK. Developer 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. Developer 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. Developer 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 wank 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. 6. 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. 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 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. &. INDEMNITY: Developer 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 aid 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 Indemnitee has prepared, supplied,or approved any plan(s)or specification(s)in connection with this work,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: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. 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. Developer hereby consents to entry on the development 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,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes 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. 11. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development 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 Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. _ Other(requires County Counsel approval RL:kw G:GrpData\EngSv0S1avat3ale Ranch\RA 1135\RA1135 Road Agree=m.doc Rev.Apri16,2000 _............................_ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT X State of California ss. County of On._ before me, —t--- <;. Hams and Tila at Oiticer(e.g.,"Jane Cas hail„� f personally appeared Name(s)of Signers) ersonally known to me 71 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4s,/are subscribed to the within instrument andi acknowledged to me that#ef4e4eTthey executed the sane in h44e4their authorized ' ICE T capacity(ies), and that by b1eA%fftheir ; ' Commission#131aaV signature(s) on the instrument the arsons or v Notary Public-Catffbmis p ( ) SaM�&t the entity upon behalf of which the person(s) acted, executed the instrument. ; �S WITNESS my hand and d official s i. Signature of Notary Publlo � V\kl4ftl tf Plough the information below is not required bylaw,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. IND, Document Date: Number of Pages: � Signer(s)Other Than Named Above:. Capacity(ies) Claimed by Signer Signer's Name: Cl l ividual # Top of thumb here ,W-Corporate Officer—Title(s): L Partner ,Limited �]General . El Attorney-in-f=act Trustee ❑ Guardian or Conservator 1 El Other: ) C Signer is Representing.,` a 0 1999 National Notary Association•9350 C=Soto Ave.,P.O.Box 2402•Chatsworth,CA 81313-2402•www.nationainotary.org Prod.No.5907 Reorder:Cali wi-Free 1.0800.676-6827 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVE€?FROM 1 ORGANIZATION NUMBER _ til (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG ACCT. TASK OPTION ACTIVITY AMOUNT i r ' y ` 9l 6 t }!s i i i I I i I I I I I i i I I I 1 I EXP,ANATI y' $/I611—.2t/. -5-/.; DEPOSIT Deposit consists of the following items CC#�and CURRENCY $ Cd^fE ICS,M.O.,ETC. $. .6 SANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT r NUMBER DP DATE , ASSIGu �3 The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby deplosit into the Count treasury, acknowledged. / Signed: Signed; { Ti T. Deputy dpunfy Auditor a Deputy County Treasurer D-N REV.(7-93) 4' 1n ' ` 819800-0800- 61120511, $10.000.00, Sub 8688, Performance Cash Band, Shapell Industries of N. CA, PO Box 361169, 100 N. Milpitas Blvd„ Milpitas CA 95035 819800-0800. G1120512, $21.700.00, RA115, Performance Cash Bond, Shapell Industries of N. CA, PO Box 361169, 100 N. Milpitas Blvd., Milpitas CA 95035 _ O649-9665 1 831000. G1120511, $48,700,00, Sub 8688, Inspection Fee Deposit, Shapell Industries of N. CA, PO Box 361169, 100 N. Milpitas Blvd., Milpitas CA 95035 4643-9665 / 831000: G1120512, $101100.00, RA1135, Inspection Fee Deposit, Shapell Industries of N. CA, PO Box 361169, 100 N. Milpitas Blvd., Milpitas CA 95035 Bond No.: 929270250 Development: RA 1135 Cross Ref SUB 7984) Monarch, Gale Ranch iI Premium: $16,105.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 65499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer (Principal) has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along RA 1135 (Cross Ref SUB 7984) to complete said work within the time specified for completion in the Road Improvement Agreeme t, all in accordance with State and local laws and rulings. 2. OBLIGATION: Shapell Industries of Northern California,A Division of Shapes! Industries, lnc.,a Delaware Corp.,as Principal and National Fire Insurance Cornnanyof Hartford , a corporation organized under the laws of the State of CT , and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: Two Million One Hundred Forty Seven Thousand Three Hundred Dollars and 00/100 Dollars ($ 2,147,300.00 ) for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: One Million Eighty Four Thousand Five Hundred Dollars and 00/100 Dollars ($ 1,084,500.00 ) to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.) above is such that if the above bonded Principal, heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly beep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided on it 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 harri ess 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. R. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firnly 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 thea}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 tl-e Principal and the County shall relieve any Surety from liability on this bond, and consent is hereby given to make such alteration without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on July 3, 2003 Shapell Industries of Northern California,A PRINCIPAL: Division of Shapell Industries: Inc.,a Delaware Corp. SURETY: National Fire Insurance Company of Hartford Address: 1Q0 North Milpitas Boulevard Address: 5820 Canoga Avenue, Suite 200 City: Milpitas Zip: 95035 City, Woody Hills Zip: 81367 Print Name: i;t;. ;4 - ,� £ _ =c' tr` Print Name: Pamela L. Stooks Title: Title: Attorney-in-Fact q .. Print Name and Title: rfi :111W 11P4vSfiS�FARIIATA\4ipT7ate�np.�5vc1T{cm�U3N WC3RA�BN-£2.doc ECtY?7lisic: 7r:i SF93 NO—TICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer; Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL ARTICIPAT ON IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 POWER OF AT" > 7NEY APPOINTING INDIVIDUAL ATTR' 'YEY-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 of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 6th day of March,2003. o"aWtr ,, Continental Casualty Company National Fire insurance Company of Hartford American Casualty Company of Reading,Pennsylvania JULY 31. • S # mr Michael Gengler Sen' �VicePresident State of Illinois,County of Cook,ss: On this 6th day of March,2003,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 Senior 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 Iike authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL � EtMXA PRICE • tt8'1'M1/lUt1000,*1'ATB Or N.LWOiIR MY 1;tiiNt�i►N1E,�:OSM775i My Commission Expires September 17,2006 Eliza Price Q Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on t e r verse hereof i still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this Jrclday of J�-Y 2003 t 01Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania MY ,. SEAL H@2 is Form F6853 Mary A.R ilea kis Assistant Secretary 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 IAC---Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of tate Company thererto. 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 17`#'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 attorneyin-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 17'r'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 band 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-Pact 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-Pact,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 Hoard 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 17ei 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 Corperration" State of CALIFORNIA County of LOS ANGELES On July 3,2003 before me, Sandy Hanner- Notary Public Date NAME, TITLE OF OFFICER,, "JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAMES)OF SIGNER(s) { X ) personally known to me—OR — (._....) proved to me on the basis of satisfactory evidence to be the person{&) whose name(4 is/Agmubscribed to the within instrument and acknowledged to me that hWshel executed the same in his/her/ftit authorized capacityoes , and that by Wher/4" signature(s) on the instrument the person(g), or the entity upon behalf of which the person(o acted, executed the instrument. ,. SANDY i- NtaE� WITNES/1" y hand and official seal. � r Commission 01362167 /� Notary Public-California i SIGNATURE AE OP 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 SIGNER DESCRIPTION OF ATTACHED DOCUMENT (_ _) INDIVIDUAL ( _) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT {_..} PARTNER(S) {___) LIMITED {�) GENERAL NUMBER OF PAGES ( ) ATTORNEY IN-FACT TRUSTEE(S) {�) GUARDIAN/CONSERVATOR {� ) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNERS) OTHER THAN NAMED ABOVE G-107426.8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r State of California SS. ' y. County of _� � t u>. On 4 �i � � u> before me, Dates, -..- Name and Tile of Officer(e.g.,°Jane Doe,NaSa ruhfic^ v„ personally appeared ; t !P >",6R—e_ -Ia Name(s)of Signer(s) �'<personally known to me ❑ proved to me on the basis of satisfactory v evidence to be the person(s) whose name(s) 4e/are subscribed to the within instrument and a:r .•,�., �:...,.A k..,.__, acknowledged to me that they executed ;An:€C E T ', the same in N64)eMheir authorized . Comr.>r, r ?:�; . y� capacity(ies); and that by tftr/their F Nezt.,�M bli signature(s)on the instrument the person(s), or . s k< -.. sm-ft C+> our the entity upon behalf of which the person(s) acted, executed the instrument. C MITIqESS my hand and official,seal. �C Signature of Notary Public i r OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ; > Description of Attached Document Title or Type of document: __ �'_f�\� - `i" 1 ;`• ` Document Date: Number of pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer 7 Signer's Name: ' ❑ In 't#duai �� Top of thumb here Corporate Officer—Title{s): ` S`�i` .. �1 f t <_ i ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ;� ❑ Other: r Signer Is 1 C 1999 National Notary Assoc#etion+9350 Da Soto Ave.,P.O.Box 2402+Chatsworth,CA 91313.2402+www.nationalnctary.ag Prod,No.5907 Reorder:Call Toll-Free 1-800.876.6827 CONTRA COSTA Cc Recorder Office STPN Recorded at the request of: Contra Costa County DOC/� L. 04! 1 �-0@ Board of Supervisors Wodnesd*y,, SEP 10, 2003 09:30:3$ Return to*, FRE $0," Public works Departmentty 4 $0.00Nor-6111736037 i Engineering Services Division I' Records Section l r +�FI9!1-1 i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 9, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR GLOVER ABSTAIN: NONE RESOLUTION NO. 2003/ 540 SUBJECT: Accepting completion of improvements and declaring certain roads (Stone Valley Oaks Drive, Pheasant Court, Hawk Court, Eagle Court, and the widening of Stone Valley Road)as county roads, Subdivision 8016,Alamo area. (District P The Public Works :Director has notified this Board that the improvements in Subdivision 8016 (Stone Valley Oaks Drive, Pheasant Court, Hawk Court, Eagle Court, and the widening of Stone Valley Road) have been completed as provided in the Subdivision Agreement with Sum erHill Stone Valley,Ltd.,a California Limited Partnership by ummerHill Stone Valley Inc.,a California Corporation,its General partner,heretofore approved by this Board in conjunction with the filing of the Subdivision heap. PE:rm 6:1GrpData\Engsvc\BO\200319-09-031SUB 8016 130-45.doc Originator, Public works(0) 1 hereby certify that this is a true and correct copy of an Contact. Rich Lierly(313-2348) cc: Public works Tax I.D.94-249878,Accounting action taken and entered on the minutes of the Board of - -T.Bell,Construction Div. Supervisors on the date shown. -M.Valdez,M&T Lab H.Finch,Maintenance Div. -I.Bergeron,Mapping Div. ATTESTED: SEPTEMBER 09, 20033 -P.—September Engineering services -T. mber 9,2004 JOHN SWEETEN, Clerk of the Board of Supervisors and Sheriff'Patrol Div.Commander County Administrator CHP,c/o Al CSAA--Cartog SummerHill Stone Valley,LTD, 777 California Ave. Palo Alto,CA 94034 ByZW_ , Deputy American Motorists Insurance Company 7470 North Figuroa Los Angeles,CA 90041 RESOLUTION NO.2003/ 540 SUBJECT: Accepting completion of improvements and declaring certain roads (Stone Valley Oaks Drive, Pheasant Court, Hawk Court, Eagle Court, and the widening of Stone Valley Road)as county roads, Subdivision 8016, Alamo area. (District III) DATE: September 9, 2003 PACE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of September 9,2003 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 SURETY April 4, 2000 American Motorists Insurance Co. BE IT FURTHER RESOLVED the payment(labor and materials) surety for$668,350.00, Bond No. 3SM 982 238 00 issued by the above surety be RETAINED for the six .month lien guarantee period until March 9, 2004, 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 Stone Valley Oaks Drive,Pheasant Court,Hawk Court, and Eagle Court the hereinafter described road(s),as shown and dedicated for public use on the Final Map of Subdivision 801.6 filed April 18,2000,in Book 419 of maps at Page 17,Official Records of Contra Costa County,State of California,are ACCEPTED and DECLARED to be Countyroad(s). Road Name Road-R/W Widths Road No. System LenggthsOil es} Stone Valley Oak Drive Varies 28 -40'!52'-58' 4735K MR 4.69 Pheasant Court 32'-52' 4735L MR 0.11 Hawk Court 32'-52' 4735M MR 0.08 Eagle Court 32'-52' 4735N MR 0.06 BE IT FURTHER RESOLVED that the widening of Stone Valley Road is ACCEPTED and DECLARED to be county road as shown and dedicated for public use on the Final Map of Subdivision 8016 filed April 18, 2000,in Book 419 of maps at page 17,Official Records of Contra Costa County, State of California. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$13,367.00 cash deposit(Auditor's Deposit Permit No.347544,dated March 29, 2000)made by SummerHill Stone Valley,LTD. and the performance/maintenance surety and rider for$198,499.50,Bond Number 3 SM 982 238 00 issued by American Motorists Insurance Company, be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 20031540 .. . American Motorists Insurance Company �t�mPeR. Bond Number: 3SM 982 238 00 ENDORSEMENT To be attached to and form a part of Subdivision Performance/Labor & Material Bond, issued by the undersigned company, as Surety on behalf of SummerHill Stone Valley, Ltd as principal, in favor of County of Contra Costa as Obligee, Effective January 8, 2003, the Principal and the Surety hereby agree to amend the attached bond as follows: Bond Amount Reduced as Follows: One hundred Ninety Eight Thousand, FourFlundred Ninety-Nine and 50/100ths ($198,499.50) All else remains the same. Provided that the liability under this endorsement shall be part of, and not in addition to, the liability under the attached Bond, and in no event shall be cumulative. Nothing herein contained shall vary, alter or extend any of the provisions, conditions, or other terms of this bond except as above stated. SIGNED,SEALED,DATED: July In,2003 Summe I Stone Valley,Ltd,, American Motorists Insurance Company a) CO vin all t�il+y"',vveWeaY r Ge �. k� 4ae�r�eiK (Surety) By: By: '4 euZ -t3, im ¢} i � 4�rt� Arthur F.OliverFact County of Contra Costa (Obligee) By: Obligee:Please sign endorsement and return to our office. Endorsement Number: Two (2) DIRECT CORRESPONDENCE TO LOU JONES&ASSOCIATES, PO BOX 49375,7470 N.FIGUEROA ST.;LOS ANGELES,CA 90041 Eon] PHONE(323)257-8291 •FAX(323)2567298 LJA Rider-08-25-99.dot In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers,thist�h day of March ,2003 Lumbermens Mutual Casualty Company Attested and Certified American Motorists Insurance Company American Manufacturers Mutual Insurance Company eMUM9 �40 � /tom✓��f' Jal Conway, Corporate retary Gatj J. Tully, Senior Vice President STATE OF ILLINOIS SS COUNTY OF LAKE SS 1, Maria 1. Omod, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists insurance Company, and the American Manufacturers Mutual insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth.' � 1CIAL SEAL" r. -')JAI. INRAC?r�t �' t C 'y1i�2 t ;.. ;J Maria 1. Omori, Notary Public MY Ctt+,jtri# S#C3Pf EXPIRES 112003 My commission expires 9-17-03 CERTIFICATION 1, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated March 6, 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this day of 2003 3 20 e "- h K. Conway, Corpor ecretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Long Grove, €L 60049 FK 09 75(Ed. 09 01) Page 2 of 2 Printed in U.S.A. POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens mutual casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company") do hereby appoint Arthur F. Oliver of Rancho Cordova, CA their true and lawful Attorneys)-in-Pact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. A This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the'sAe had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the company, and attach the seal of the.Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23"d day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1388 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed.09 01) Page 1 of 2 Printed in U.S.A. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On �� 2 4003 before me, Susan E. .1�lorales/NYotar Public NAME,TITLE OF OFFICER personally appeared Arthur F Oliver NAME OF SIGNERS) Z Personally known to me -or- F-1 Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), USAN E-:MX�PAc. and that by his/her/their signature(s) on the instrument the � z fyt s31 person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SIGNATURE OF NOTARY) 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/OWNER [� CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT F� PARTNER(S) LIMITED GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT [� TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER. DATE OF DOCUMENT SIGNER I5 REPRESENTING. NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company Lumbermens Mutual Casualty Company American Manufactures Mutual Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. ry: #'County ofS r� \ C7nf �._ before me, t t '._�_ _.,�. ate Name and Title of Office,(e.g.,"Jane Doe, tory Public) YS personally appeared A Name(s)of Signer(s) CCI ersonally known to me L.7 proved to me on the basis of satisfactory r evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ' acknowledged to me that he/she/they executed ELEA CCHEN the same in his/her/their authorised Comr**m# 129M NotOrY pub .Cd oJO6 capacity(ies), and that by his/her/their swto Clara Countysignature(s)on the instrument the person(s), or p O� the entity upon behalf of which the person(s) acted, executed the instrument. i WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public r3 rr�' S r OPTIONAL Though the information below is not required b law, it may p relying on the document g �1 Y y prove valuable to persons,e! � 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: 's Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual "tn.jmb06 Corporate Officer— Title(s): i ` LJ Partner--L Limited L General C i Attorney in Fact G L Trustee R L Guardian or Conservator ❑ Other: Signer Is Representing: 4 0 1868 Nation,Notary Asene;abor, 9350 Cs Soto Ave.,P.O.Box 2402*Chatsworth,CA 91313-2462•w nafionainota y.org Prod.No.5907 Reorder:Cal'Toll-Free -800-879-6827 SUMMERHILL STONE VALLEY INCORPORATED ACTION TAKEN BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS TNT LIEU OF A MEETING April 23, 2002 Pursuant to Section 307(b) of the California Corporations Code, the undersigned, being all the directors of SummerHill Stone Valley Incorporated, a California corporation (the "Corporation"), hereby adopt the following resolutions by written consent in lieu of a meeting. RESOLVED, that the following individuals are hereby unanimously elected to the offices set forth opposite their respective names to serve until the next annual meeting of the Board of Directors or until their successors are elected and qualified: Name Office George M. Marcus Chairman of the Board Roger B. Menard President; and Chief Executive Officer Donald A. Lorenz Senior Vice President; Chief Financial Officer; and Assistant Secretary Richard P. Denman Senior Vice President Robert H. Dennis Secretary Elaine V. Breeze Vice President Robert T. Alden Assistant Secretary RESOLVED FURTHER,that for purposes of the resolutions set forth in this Consent,the following terms shall have the following meanings: (1) "Authorized Signatories" shall mean either: (a) the Chairman of the Corporation, acting alone; or (b) any one of the President or a Senior Vice President of the Corporation, acting together with any other officer of the Corporation; (2) "Partnership" shall mean SummerHill Stone Valley Ltd., a California limited partnership, and any other partnership of which the Corporation is a general partner; (3) "Unit" shall mean any individual lot, home, townhouse, condominium or other residential dwelling; and (4) "Unit Signatories"shall mean either: (a) the Chairman of the Corporation, acting alone; (b) any two officers of the Corporation, acting together; or (c) any two of Annual BOD UwC 042302 i the following persons acting together: any officer of the Corporation; the Director of Marketing; the Corporate Sales Manager; or the Development Manager with respect to the applicable Units. RESOLVED FURTHER, that in order to consummate the sale of any Unit owned by the Corporation or by a Partnership, the Unit Signatories are hereby authorized on behalf of the Corporation (including in its capacity as the general partner of a Partnership) to execute any and all real estate sales agreements, escrow instructions, grant deeds and any other documents or instruments requiring the signatures of authorized persons on behalf of the Corporation (including in its capacity as the general partner of a Partnership), including without limitation, all applications and other documents required by the California Department of Real Estate, and any amendments or modifications to any of the foregoing, all in such form as such signing persons may approve, with his, her or their execution thereof to be conclusive proof of such approval. RESOLVED FURTHER, that in order to obtain loans for the Corporation or a Partnership, the Authorized Signatories acting on behalf of the Corporation (including in its capacity as the general partner of a Partnership), are hereby authorized to execute all loan documents, security agreements, financing statements, pledges, guarantees, assignments, certificates, promissory notes, deeds of trust and any other instrument, document or contract encumbering and/or relating in any way to the financing or refinancing of the real or personal property owned in whole or in part by the Corporation or by a Partnership, and any amendments or modifications to any of the foregoing, all in such form as such signing persons may approve, with his, her or their execution thereof to be conclusive proof of such approval. RESOLVED FURTHER, that in order to acquire or dispose of real property for the Corporation or a Partnership or any right or interest therein (other than the sale of Units), the Authorized Signatories acting on behalf of the Corporation (including in its capacity as the general partner of a Partnership), are hereby authorized to execute any and all documents, contracts or agreements as he, she or they may deem appropriate, such documents, contracts or agreements to include, but not be limited to, options to purchase real property, real estate purchase agreements, escrow instructions, deeds, quitclaim deeds, any other documents requiring the signature of authorized officers of the Corporation (including in its capacity as the general partner of a Partnership), and any amendments or modifications to any of the foregoing, all in such form as such signing persons may approve, with his, her or their execution thereof to be conclusive proof of such approval. RESOLVED FURTHER., that, in order to (a) apply for or seek entitlements for any project owned by this Corporation or by a Partnership, or (b) design and pursue approval of improvements to be developed on any project owned by this Corporation or by a Partnership, either (i) any one (1) of the President or a Senior Vice President of this Corporation acting together with any other officer of this Corporation, or(ii) the Development Manager with respect to the real property owned the Corporation or by a Partnership, acting alone, are hereby authorized on behalf of the Corporation (including in its capacity as the general partner of a Partnership) to sign any and all contracts, agreements, applications, permits, reaps, subdivision improvement agreements, bonds, easements and other documents or instruments with any local government or governmental agency, utility company, trade contractor or subcontractor, laborer, Annual BOD IJWC 042302 2 consultant, design professional, materialman or supplier as they may deem necessary or appropriate, and any amendments or modifications to any of the foregoing, all in such form as such signing persons may approve, with his,her or their execution thereof to be conclusive proof of such approval. 4 RESOLVED FURTHER, that either (i) any one (l) of the President or a Senior Vice President of this Corporation acting together with any other officer of this Corporation, or(ii) the Director of Marketing, acting alone, are hereby authorized on behalf of the Corporation (including in its capacity as the general partner of a Partnership), to sign any and all contracts or agreements with any person related to either (a) the interior design, furnishing or landscaping of the model Units at any project owned by this Corporation or by a Partnership or (b) the advertising, marketing or publicity of any project owned by this Corporation or by a Partnership as they may deem necessary or appropriate, and any other documents or instruments required in connection therewith, and any amendments or modifications to any of the foregoing, all in such form as such signing persons may approve, with his, her or their execution thereof to be conclusive proof of such approval. RESOLVED FURTHER, that the resolutions set forth in this Consent supercede all previous resolutions regarding signature authority (other than those resolutions adopted in connection with any loan to the Corporation or a Partnership) on behalf of the Corporation or any Partnership. RESOLVED FURTHER, that all of the acts taken by the Board of Directors of this Corporation and all actions taken by the officers of this Corporation during the fiscal year ended March 31, 2002 (including, without limitation, all acts taken in the Corporation's capacity as the sole general partner of the Partnership)be, and they hereby are, adopted, approved and ratified. This Action by Unanimous Written Consent may be signed in multiple counterparts, each of which shall be an original and which, when signed by all directors of this Corporation, shall constitute resolutions adopted by the directors of this Corporation by written consent. [Remainder of page intentionally blank] Annual BOD UWC 042302 3 The undersigned,being all the directors of SummerHill Stene Valley Incorporated, hereby consent to the adaption of the foregoing resolutions. DATED: April 23, 2002 i orge M. Marcus 0, Donald . Lorenz — Ile"01? "'Ir Roger B. Menar Annual BOD LJWC 042302.dac 4 1111111111111111111111111111111111111111111111111 CONTRA COSTA Cc Recorder Office C Recorded at the request of: DO` C 200HEN L. C e0451 rder Recorded11 2-00 Contra Costa County Wednesday, SEP 10, 2003 09:30:05 Board of Supervisors FRE $0.00 Return to: Public Works Department Tt 1 Pd $0.00 Mr-0001736020 Engineering Services Division 1 r C/R9/1—2 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 9, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA., GREENBERG AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR GLOVER ABSTAIN: NONE RESOLUTION NO. 2003/ 541 SUBJECT: Accepting completion ofpublic right-of-way landscaping improvements,Subdivision 8023, Byron area. (District III) The Public Works Director has notified this Board that the public right-of-way landscaping improvements in Subdivision 8023 (north side of Point of Timber Road between Bider Road and Grand Way, and east side of Bixler Road from Point of Timber Road to the southern limit of the Evans' property) have been completed as provided in the Right-of-Way Landscaping Agreement with Hofmann Land Development Company,heretofore approved by this Board on August 14,2001. PE:rm G:\GrpData\EngSvc\BO\2003\9-09-03\SUB 8023 110-45.doc Originator: Public Works(ES) I hereby Certify that this is a true and correct Copy of an Contact: Rich Lierly(313-2348) action taken and entered on the minutes of the Board of cc: Public Works -Fed I.D.68-0419482 State ID C2118258,Accounting Supervisors on the date shown. -T.Bell,Construction Div. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. ATTESTED: SEPTEMBER 092 2003 -P.Edwards,Engineering ser. JOHN SWEETEN, Clerk of the Board of Supervisors and -1.Bergeron,Mapping Div. -Special Districts County Administrator -T.—September 9,2004 Sheriff-Patrol Div.Commander CHP,c/o Al CSAA--Cartog Hofmann Land Development Company By �, ,Deputy 1380 Galaxy Way Concord,CA 94520 The American Insurance Company 777 San Marin Drive Novato,CA 94998 RESOLUTION NO.2003/ 541 SUBH,CT: Accepting completion ofpublic right-of-way landscaping improvements,Subdivision 8023,Byron area. (District 111) DATE: September 9, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of September 9,2003 thereby establishing the six-month terminal period for the ding of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY August 14, 2001 The American Insurance Company BE IT FURTHER RESOLVED the payment Tabor and materials) surety for $84,050.00, Bond Number 11141714045 issued by the above surety be RETAINED for the six month lien guarantee period until March 9, 2004, at urhich 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 the beginning of the warranty period is hereby established, and the$1,700.00 cash deposit(Auditor's Deposit Permit Number 371353 ,dated July 11,200 1)made by Hofmann Land Development Company and the performance/maintenance surety for $166,400.00, Bond Number 11141714045 issued by The American Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION N0. 2003/541