HomeMy WebLinkAboutMINUTES - 12142004 - C.22 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: December 14, 2004
SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 04-08699, San Ramon
(Dougkierty Valley area. (District III
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMT MENDATION(S):
ADOPT Resolution No. 20041 670 for Subdivision 04-08699, approving the Final Map and Subdivision
Agreement,being developed by Shapell Industries of Northern California, a division of Shapell Industries,Inc., a
Delaware Corp., San Ramon(Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Subdivision 04-08699 has been reviewed and processed by Public Works staff and meets all applicable conditions of
approval for recordation of the final map.
CONSEQUENCES OF NEGATIVE ACTION:
The Final Map and Subdivision Agreement will not be approved.
Continued on Attachment:_.,,,.- SIGNATURE:
t.- ECOMI71ENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
`APPROVE OTHER
SIGNA'T'URE S :Q,
ACTION OF BOAR. ON— DECEMER 14, 20Q, APPROVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VOTE OF SUPERVISORS
minutes of the Board of Supervisors on the XK UNANIMOUS(ABSENT V date shown.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: DECEMBER 14, 2004
0:\GrpData\2ng5vc\B012004112-14-04\aD 04-08599 Order.doc
JOHN SWEETEN, Clerk of the Board of
Cott. (ES)
Contact: TeriRie(1!3-2363) Supervisors and.County Administrator
cc: Public Works-T.Be!],Construction
Current Planning,Community Development
Shaped Industries of Northern California
it it iwfYA 9SBlvd»
Attn:
CA95035 By r Deputy
Attn:Sate Warden&Steve Savage
National Fir.-Insurance Company of Iiartford
5820 Canoga Avenue,Suite 200
Woodland Hills,CA 91367
At.m:Pamela L.Stocks
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 14, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, ' ESAULi'4dER i.LND Giii a 13
NOES: NONE
ABSENT: SUPERVISOR FEDERAL GLOVER
ABSTAIN: NONE
RESOLUTION NO. 2004/ 670
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08699,
being developed by Shapell Industries of Northern California, a division of Shapell
Industries,Inc.,a Delaware Corp.,San Ramon(Dougherty Valley)area.(District l�
The following documents were presented for Board approval this date:
1. Map
The final map of Subdivision 04-08699, property located in the San Ramon
(Dougherty Valley)area,Supervisorial District III,said map having been certified by
the proper officials.
II. Subdivision Agreement
A subdivision agreement with Shapell Industries of Northern California,a division of
Shapell Industries,Inc.,a Delaware Corp.,principal,whereby said principal agrees to
complete all improvements as required in said subdivision agreement within one year
from the date of said agreement. Accompanying said subdivision agreement is
security guaranteeing completion of said improvements as follows:
A. Cash Bond
Performance amount: $27,500.00
Auditor's Deposit Permit No. 430054 Date: August 23, 2004
Submitted by: Shapell Industries of Northern California, a division of
Shapell Industries, Inc., a Delaware Corp.
Tax ID Number: 95-2578030
1 hereby certify that this is a true and correct copy of an action
Originator:Public Works(ES)
Contact: Teri Rie(313-2363) taken and entered on the minutes of the Board of Supervisors
Jv:mz on the date shown.
G:\GrpData'\Eii;Svc\BO\2004\12-14-04\SD 04-08699 B0-21.doc
cc: Public Warks—T.Bell,Construction
Current Planning,Community Development
Shapell Industries of Northern California
100 N.Milpitas Blvd. ATTESTED: DECEMBER 14 2004
Milpitas,CA 95035 JOHN SWEETEN, Clerk of the Board of Supervisors and
Attn:Sam Worden&Steve Savage
National Fire Insurance Company of Hartford County Administrator
5820 Canoga Avenue,Suite 200
Woodland Hills,CA 91367
Attn:Pamela L Stacks
By 'Ap-,14-1 — ,Deputy
RESOLUTION NO.2004/ 670 '
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08699,
being developed by Shapell Industries of Northern California, a division of
Shapell Industries, Inc., a Delaware Corp., San Ramon(Dougherty Valley) area.
(District III)
DATE: December 14, 2004
PAGE: 2
B. Surety Band
Bond Company: National Fire Insurance Company of Hartford
Bond Number: 929 299 756 Date: July 23, 2004
Performance Amount: $2,719,400.00
Labor&Materials Amount: $1,373,450.00
Principal: Shapell Industries of Northern California, a division of Shapell
Industries, Inc., a Delaware Corp.
III. 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 2003-2004 tax
lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first
day of January 2004, is estimated to be $543,900.00, with security guaranteeing
payment of said tax lien as follows:
• Tax Surety
Bond Company: National Fire Insurance Company of Hartford
Bond Number: 929 299 732 Date: February 11, 2004
Amount: $538,600.00 and
Bond Rider: $691,100.00 Date: August 16, 2004
Principal: Shapell Industries, Inc., a Delaware Corp.
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 final 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 said subdivision agreement is also APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 20041670
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SUBDIVISION AGREEMENT
_ (Gov.Code,§§66462 and 66463)
Subdivision: 5699 64le,444r "Al 2 Effective Date: 4_ - C
Subdivider: Sbapa 0¢-Aln *e-eif calif{ml�t Completion Period:
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER I
AA
Maurice hluy . Works Director
i
By: Pri t Name °
RECOMM61DED FOR APPROVAL: Print Title
By: �P✓ V�. �t. PrihtName �'
ngineenng Services Division PrintTHie ,
FORM APPROVED: Silvan B.Marchesi,County CounselN( OTE:All signatures must be acknowledged,if Subdivider is incorporated,the contract
must be signed by two officers.The first signature must be that of the chairman of the
board,president,or vice--president;the second signature must be that of the secretary,
assistant secretary,chief financial officer,or assistant treasurer,(Civ.Code,§9190 and
Corps.Code,§313.)
CERTIFICATE OF ACKNOWLEDGMENT
State of Calffomia ) �
ss,
County of )
On the date written below,before me,the undersigned Notary Public,personally app the person(s)signing above for personally
known to me(or proved to me on the bass of satisfactory evidence)to be the pers whose name(s)Ware subscribed to the within instrument and acknowledged to me that he/sheithey
executed the same in histher/their authorized capacity(ies),and that by h' air slgnature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,
executed the instrument
WITNESS my hand and officlal seal.
Dated: Z
Notary Public
(Notary Seal) �y.,
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter'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 fights,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,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto
(hereinafter"Ordinance Coda°),
Subdivider shall complete said improvements(hereinafter°Work")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov.
Code,§§66410 at,seq.)in a good workmanlike manner,In accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code
and rulings made thereunder;and where there is a conflict among the improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENTS SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to
the County:
A. For Performance and Guarantee:$ 275W. cash,pias additional security,in the amount of$-2 7f�'`%cc,which together total one hundred
percent(100%)of the estimated cost of the Work. Such additional security is presented in the form of:
Cash,certified check or cashlees check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit
With this security,Subdivider guarantees performance under this Agreement and maintenance of the Work forone year afterits completion and acceptance against any defective
workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount:$"373, 5t .Ao_,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. Form Approved by County Counsel
Acceptable Irrevocable letter of credit. [Rev.9/031
Page 1 of 2
With this security,Subdivider guarantees payment to the contractor,to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the
Subdivider.
Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in accordance with
Sections 94-4.406 and 94.4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the 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. Subdivider agrees to
correct,repair,or replace,at Subdivider's expense,any defects in said Work.
The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system.
5. PLANT ESTABLISHMENT WORK.Subdivider agrees to perform plant 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 an sure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the Work as complete.
6. IMPROVEMENT PLAN WARRANTY.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€or 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 the Work andlor materials or statement by any officer,agent or employee of the County
indicating the Work orany partthereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said Work andlor materials,or payments therefor,or any
combination or all of these acts,shall not relieve the Subdivider of its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby stopped from bringing any action for
damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY. Subdivider shall defend,hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnitees benefitted and protected by this promise are the County and Its special districts,elective and appointive boards,commissions,officers,agents and
employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and
including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable
at any time before County reviewed said improvement plans or accepted the Work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said
liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to
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,orapproved
any plan($)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 indemnitee.
9. COSTS. Subdivider shall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing utilities required thereby;inspections;material
checks and tests;and other costs incurred by County staff arising from or related to the Work,and priorto acceptance of the Work as complete or expiration of any applicable warranty periods,
whichever is to-ter.
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 the Work as complete by the Board of Supervisors.
if. NON-PERFORMANCE AND COSTS. If Subdivider fails to complete the Work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the
Work,County may proceed to complete and/or maintain the Work by contract or otherwise and Subdivider agrees to pay all costs and charges incurred by 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,Subdivider agrees to pay all costs incurred by County,even if Subdivider subsequently completes the Work.
Should County sue to compel performance underthis Agreement or to recover costs incurred in completing or maintaining the Work,Subdivider agrees to pay all attorney's fees,
staff costs 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,except as provided In this paragraph,County's rights under this Agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new
or annexing city.Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted with
the city originally.The provisions of paragraph 8(Indemnity)shall continue to apply in favor of the indemnitees listed in paragraph B.A,upon any such incorporation or annexation.
13. RECORD MAP. In consideration hereof,County shalt allow Subdivider to file and record the final map or parcel map for said Subdivision.
14. RIGHT OF ENTRY. Subdivider hereby consents to entry onto the Subdivision property,and onto any other property over which Subdivider has land rights and upon which any
portion of the Work is to be installed pursuant to the improvement plans,by County and its forces,including contractors,for the purpose of inspection,and,in the event of norm-performance
of this Agreement by Subdivider,completion and/or maintenance of the Work.
Form Approved by County Counsel
[Rev.9/031
H:lFinafiPMLW-SuhAgmt9.03.wpd
Page 2 of 2
........................................
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT >I
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State of California
County of Santa Clara s
On September 15, 2004,before me,Janice T. Kruse,Notary Publicersonall appeared
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Robert D. Moore and Iden Cox known to me to be the persons whose name are
subscribed to the within instrument and acknowledged to me that they executed the same 's
in their authorized capacities, and that by their signature on the instrument, the persons or
the entity upon behalf of which the persons acted, executed the instrument. s
JAMCt t KRUSE --WITNESS my,hand and official seal. zz
CommisMon# 1318697 r
Notary Pubk--CoMornia
Santa Clara County
t rrcxr►m. ,Aug 24.2 Sip:ature of Notary Public <<
5 Optional-Information ?>
Title or Type of Document: Subdivision.Agreement Gale Ranch II,Neighborhood 5
Capacity Claimed by Signer: Assistant Vice PresidenAssistant Secretary of
Sha,pell Industries, Inc.
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COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDlTOR-CON`
RC)t
MARTINEZ,CALIFORNIA C j,
TO THE TREASURER:
RECEIVED FROM
ORGANIZATION NUMBER �7
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, `' (For Cash Collection procedures see County Administrator's Bulletin 105.)
DESCRIPTION /ORQ SUIL TASK OPTION ACTIVITY AWjDU tT
ACCT. [
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EXPLANATION f TOTAL $ ! v1 #
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r-eemlari-et- following item>S
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CHECKS,Ma ET $ 01/4 13
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
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DEPOSIT
PERMIT pp
DA,
DATE
NUMBER 430 � r 4
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.
EXT '{ ` W DeDeputy County Auditor fid:
Ti Deputy County Treasurer
D-34ItfV.{?-93.)
COUNTY OF CONTRA COSTA
LEPOW PERMff
OFFICE OF COUNTY AUDI-CONTROLLER
TO THE TREASURER: MARTINEZ,CAUFORNIA
RECEWED FROM
(�) ORGANIZATION NUMBER ,
v
Mor Cash Collection Procedures see County Administrator's Bulletin los.)
DESCRIPTION F1114f}/dIIGSUIL
C TASK OPTION ACTIVITY AMOUNT
V
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EXPLANATION: TOTAL $ I
DEPOSIT s
Deposit consists of the following d erns
COIN and CURRENCY $
CHECKS,kCC,ETC.
SAW DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
I
DEPOSIT
a ��
DATE
ASSIGNED
The amount of rrioney described above is for Treasurer's rmeipt of above amount is approved. Receipt of above amount is hereby
deposit sato theC Tnwsury acknowledged
Si
DteZ
f✓r EXT `f "xih, + Signed: YY Treasurer
D-34 REV.(7-93}
Y
0649-9665 f 831000: G1139900, $64.900.00, Sub 8681, Inspection,
Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA
95035
0649-9665 / 831000• G1139901, $127,100°00, Sub 8699, Inspection,
Shapell Industries of No. California, 100 N Milpitas Blvd., Milpitas, CA
950135
0649--9665 / 8310001. G1139903, $106.700.00, Sub 8682, Inspection,
Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas, CA
95035
0649-9665 / 831000: G1139905, $30,166.47, RA 1159, Improvement Flan
Review, Shapell Industries of No. California, 100 N. Milpitas Blvd., Milpitas,
CA 35035
819800-0800. 61139900, $13.600.00, Cash Bond, Shapell Industries of No.
California, 100 N. Milpitas Blvd., Milpitas, CA 95035
819800-0800: 61139901, $27,500.00, Cash Bond, Shapell Industries of No.
California, 100:N. Milpitas Blvd.., Milpitas, CA 95035
819800-0800• G1139903, $22,900.00, Cash Bond, Shapely Industries of No.
California, 100 N. Milpitas Blvd., Milpitas, CA 95035
Subdivision. $699 t N-51 Coronado
Bond No.: 929 299 756
Premium: $20,396.00
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMEIN`I'
(Performance, Guarantee and Payment)
(California Govermnent Code§§ 66499 -66499.10)
I. REQ'FAL OF SUBDIVI_SION AGREEMENT: The developer(principal)has executed a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and other improvements in
Subdivision 86991 N-5/Coronadt as specified in the subdivision agreement and to complete said work within
the time specified for completion in the subdivision agreement,all in accordance with State and local laws
and rulings thereunder in order to satisfy conditions for ding of a final map or parcel map for said
subdivision..
OBLIGATION: Shapell Industries of Northern California,a Division of Shapell industries,Inc,,a Delaware Coro.__ —as principal and
Nati ns n I Fire Insurance Cot any of Hartford i _ , a corporation organized and
existing under the laws of the State of CT _ . and authorized to transact surety
business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
A. Performance and Guarantee: Two Million Seven Hundred Nineteen Thousand Four Hundred No/1 00—*
Dollars ( 2,719,400.00*** }far Contra Costa County or any city assignee under
the above County Subdivision Agreement.
B. Payment: One Million Three Hundred Seventy Three Thousand Four Hundred Fifty No/100*** _.
Dollars (S-1,373,450.00*** to secure the claims to which reference is made in
Title XV(commencing with.Section 30782)of Part 4 of Division III of the Civil Code of the State of
California.
3, CONINTION.
A. The Condition of this obligation as to Section(2.13:.)above is such that if the above bonded principal,
or prix-cipal's heirs, executors,administrators,successors or assigns,shall in all things stand to and
abide by and.well and truly keep and perforin 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
perf'orined at the time and in the mariner therein specified and in all respects according to their true
intent and meaning and shall indennnify 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 para of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa(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 aild all
contractors,subcontractors,laborers,material men and other persons employed in the perfo,mance
of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials
furnished, tabor of any kind, or for arnounts due gander the Unemployment Insurance tact with
respect to such work or labor and that said surety will pay the same in an amount not exceeding the
amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to
the fact amount thereof,reasonable costs, expenses and Fees, including reasonable attorney's fees,
incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,
to be awarded and fixed by the court, all 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(cornrncncing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to there:or their assigrms
inany snit brought aeon this bond.
Should the work unclel conditions of this bond be fully perforYned,thea this obligation shall become
null and void, otherwise it shall be and remain in lull 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 Countv ofContra Costa(or city assignee)shall relieve the surety from liability or
this bond;and consent is hereby given to make such alteration without further notice to or consent by
the surety;and the surety hereby waives the provisions of Cal;fornia Civil Code Section 2819 and
'Holds its fbound without regard to and independently of any action against fixe principal whenever
taken.
SIGNE D A.ND SEAILE1)oil July 23,2004
Shapeli Industries of Northern California,a
PRINCIPAL: Division of Shapell industries,Inc.,a Delaware Corp. SI RE'ry: National Fire Insurance Company of Hartford
Address: _—
100 N.Milpitas Blvd. 6820 Cano a Avenue,Suite 200
__. address; 9
Milpitas,CA W and Hills;CA 01367
City: p' Zip: _ _95035 _ City °° ZzI
i ! —
Print N xxe; print Nance: Pamela L.Stocks
Title: _ ..� _ _ Title: Attorney-in-F=act
BY
Print Name;
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k
'. ;DatnvaaU
G:\C pD ia\En}8rctir`cnnstFN WORll\I3N-12.dca
Rev.July 23,'2044
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That Continental Casualty Company,National Fire insurance Company of Hartford,and American
Casualty Company of Reading,Pennsylvania(herein called`the CNA Companies"),are duly organized and existing corporations having
their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seats herein affixed hereby
make,constitute and appoint
Pamela L.Stocks,Beverly A.Hail,Sandra V.Hanner, individually
of Sherman Oaks,California
their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seat and execute for and on their behalf
bonds,undertakings and other obligatory instruments of similar nature
--1n Unlimited Amounts--
and to bind them thereby as fully and to the same extent as If such instruments were signed by a duty 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 Attomey 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 seats to
be hereto affixed on this 3rd day of August,2001.
Continental Casualty Company
cs "t National Fire insurance Company of Hartford
s American Casualty Company of Reading,Pennsylvania
MY al.
U SEAL JIM
feel y~ter "'tel
Michael Gengler Croup Vice President
State of Illinois,County of Cook,ss:
On this 3rd day at August,2001,before me personally carne Michael Gengter 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 Reading,Pennsylvania described in and which executed the above
instrument;that he knows the seats 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.
Y•fVY�,{G� tQ�ALLKNi�WnEi,Rr • ,/,y. w
' �L / •� ���
�Y rwwl.,t#INS aif MNiOii � .�"L^�-"C,J
My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A.Riblkawsk s,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 the corporations printed on the rev_erse hereof Is still in force. In testimony
whereof I have hereunto subscribed my name and affixed the seal of the said corporations this r d day of
Jtz v20Q4
t�c►> tt ,
« � Continental Casualty Company
001r0+uTS National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
Ly 11,
SEAL
1�fiT
Mary A.Ribikawskis Assistant Secretary
(Rev. 1/23/01)
Authorizing'By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article IX—Execution of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the
President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority
previously given to any aftorney-in-fact."
This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 97th day of February, 9993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seat of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-laws,and the signature of the
Secretary or an Assistant Secretary and the 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 band 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 Vl�xecutlon of Obligations and Appointment of Attorney-ln-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-€n-fact."
This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 9993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by:facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Lawn,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 seated 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,
9993 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,Attorneys4n-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,shalt have futt power to bind the Corporation by their signature and execration 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 97th day of February, 9993.
"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 97, 9993 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 seated 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 July 23,2004 before me, Sandy Hanner- Nota[y Pudic
Date 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(a) whose name{a$ is4a=bscribed to the within instrument and acknowledged to me that
hjWshe1jtW executed the same in hWher/Wst authorized capacityow, and that bytW her/#W
signature(a) on the instrument the person(g), or the entity upon behalf of which the person(t acted,
executed the instrument.
SANDY HANNER WITNE,, Amy hand and € seal,
Commission#1362157 /
m� Notary Public-California '�c
Loo Angeles County SIGNATURE OF NOTARY
My Comm.Expires Jul 2,2006
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
(_ ) INDIVIDUAL
(�) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
(� )
PARTNER(S) (__._) LIMITED
(_} GENERAL
NUMBER OF PAGES
{x)
ATTORNEY-IN-FACT
{_ }
TRUSTEE(S)
( �) GUARDIAN/CONSERVATOR
{+} OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company
of Hartford SIGNER(S)OTHER THAN NAMED ABOVE
G•107426-9
NO1d AFTER 9114104 812104 PATCO$42 8699
Tax Co'lector's Office William J.Pollacek
625 Court Street Centra County Treasurer-Tax Collector
Finance wilding: Rooms 100
P,O. fox 631 �` Russett V.Watts
Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector
0063
(925)646-4922 County Joslyn Mitchell
(925)646-4135 FAX Tax Operations Supervisor
r
Date: 812/2004
IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR
COLLECTION (R&T CODE 2608) THIS LETTER IS VOID.
This will certify that I have examined the map of the proposed subdivision entitled:
Tract 1 MS# City T.R.A.
8699 SAN RAMON 66405
Parcel#: 222-280-001-9
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 2003-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which
became a lien on the first day of January, 2004 is $543,900.00
This tract is not subject to a 1915 Act Bond, If subject to a 1915 Act Band, the original principal
to calculate a segregation is
The amount calculated is void 45 days from the date of this letter, unless this letter
is accompanied with security approved by the Contra Costa County Tax Collector
Subdivision bond must be resented to the County Tax Collector for review and approval of
adequacy of security prior to filing with the Clerk of the Board of Supervisors.
The subdivision may be covered by the security supplied for tract 8688
WILLIAM J. POLLACEK,
Treasurer ax cal for
By: ,,
we hereby certify that this is a trve and
correct copy of the original. (i t
FIRST L:A►I�I TITLE GItARAI�ITY i~ .
By.
PRICNCIPAL TITLE COMPANY SURETY
Shapell Industries,Inc. First American Title Co. rNa al FJM insurance ap pany of Hartford
100 N.Milpitas Blvd. .1355 Willow Way,#101 5820 Canoaa Arrenue,Suite 200
Milpitas,CA 95035 Concord,CA 94520 Woodland HiNs CA 99367
Attn: Tarn Simonson Attn..-Barbara Pinta Attn: Bond Dept.
Phone.408-946-1550 Phone: 925-356-7025 818-773-2035
FATCO#787278
Bond No. 929 299 732
Tax year 2004 - 2005 Premium: $4040.00
BOND AGAINST TAXES Tract 8688, hl-2B, Gallery,Cale Manch li
Parcel#222-280-001-9,222-270-001.1, 222-270-002-9
KNOW ALL MEN BY THESE PRESENTS.
THAT, Shapell Industries.1pe..a Delaware coxgoration as principal and
(Surety Nations!Fire Insurance Company of Hsrt#ord ,a corporation organized
and existing under the laws of the State of CT ,and authorized to transact
surety business in California as surety are held and firmly bound unto the County of contra costa,;
State of California,in the penal sum of Fl„e Hundred`thirty Eight Thousand six Hundred and 1vXioaUollars
($538,600.00--),to be paid to said County of Contra Costa for the payment of which will
and truly be made,we and each of us bind ourselves,our heirs, executors,administrators and
successors,jointly and severally,firmly by these presents.
Sealed with our Seals and dated this 11th day of
February 2004.
The conditions of the above obligation is such that WHEREAS,the above bounded principal is
about to file a map entitled subdivision 8688 and covering a subdivision of a tract of land in
said County of Contra CostaCosta and there are certain liens for taxes and special assessments
collecteri as taxes,against the said tract of land covered by said map,which taxes and special
assessrriemts collected as tastes;ire not as yet due or payable.
NOW,THEREFORE,if the said Principal,shall pay all of the tastes and special assessments
collected as taxes which are a lien against said tract of land covered by said map,at the time of
the filing of said map of said tract,then this obligation shall be void and of no effect,otherwise it
shall remain in full force and effect.
Shap 11 lindustries,Inc., a Delaware corporation National Fire Insurance Company of Hartford
Priv ip ert Cox, Asst. Secretary surety Pamela L. Stocks; Attorney-in-Fact
r-24, Lsfi
"- 4—,
P
iPal Robert Moore , Asst. V.P.
I3C)Pa7J RIMY;# ��.�..
WID AND APPROVED
CONTRA COSTA COUNTY
TREAsU R COLLECTOR
BY.
(:rotary acknowledgment attached)
POWER OF AT"'IRNEY APPODnING INDrVEDUAL ATTr%RNZY-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 aftimed hereby make,constitute and appoint
Pamela L Stocks,Beverly A H414 Sandra V Hasner,Individually
of Sherman Oaks,CA,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 sirnilar 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 Senior Vice President and their corporate seals to be
hereto affixed on this 14th day of October,2003.
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
AXY
SEAL im
Michael Gengler SVice President
State of Illinois,County of Cook,ss:
On this 14th day of October,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 like authority,and acknowledges same to be the act and deed of said corporations.
OFFICIAL SEAL
ELIZA PRICE •
6
My Commission Expires September 17,2006 Eliza Price Notary Public
CERTIFICATE
1,Mary A.Ribikawslds,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
j1rjj day of Febmj= 2004
OWN -S Continental Casualty Company
tv—nw
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
MY 11,
SEAL I3Q
Mary A.R-(bikafjlds Assistant Secretary
Form P6853-11/2001
State of CALIFORNIA
County of LOS ANGELES
On February 11, 2004 before rne, Sandy Hanner-Notary Public
Date NAME,TITLE OF OFFICER.. "JANE; DOE. NOTARY PUBLIC'
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
(X) personally known to me--OR- (......-) proved to me on the basis of satisfactory evidence to be
the person(Zc.) whose name(4 is/xmKsubscribed to the within instrument and acknowledged to me that
klishelibey,executed:the same in bWher12X19 authorized capacityoesi , and that by l /her/4M
signature(&) on the instrument the person(g), or the entity upon behalf of which the person(so acted,
executed the instrument
WITNESS y hand and offi ` I seal.
SANDY HANNER
Commission#1362157 v�
=ri Notary Public-CaNfomia SIGNATURE OF NOTARY
Los Anplas County
My Comm.Ex*es Ju[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 DE=SCRIPTION 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 Insurarce Comoany
of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
G•t07t26.8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County o� ��`�"�.
( `y 1 ss.
on ► before me, _ 0 VI-A, ` ',. – ' �"1 "1
Date Name ant! O t w(a4;„ Doe,N` cy PaW1
personally appeared Moc-,
Nama(ay of SIV0al
-finally known to me
0 proved to me on the basis of satisfactory
evidence
1
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
is A acknowledged to me that WsVe/they executed
( DENISE L CRI5TIANO the same in tris/jter/their authorized
Commission# 1296216 capacity(ies), and that by ,, r/their
t Notary Public -�- Ccliforrsic signature(s)on the instrument the person(s), or
E Contra Costa County the entity upon behalf of which the person(s)
My Comm.moires Mar 5.2DO5 acted, executed the instrument.
i, WIT SS my hand and offici s
t
{ Slgnatura ry at
f
OP71ONVAL
( Though the information below is not required by law,it may prove valuable to parsons relying on the document and could prevent
{ fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: plumber of Pages:
t Signer(s)other Than Named Above:
(
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
• Corporate officer---Trtle(s):
0 Partner—0 Limited Cl General
0 Attomey-In-Fact
d Trustee
• Guardian or Conservator
0 Other:
s
i Signer Is Representing:
1
i
01999 Nabonat Notary Assodsoom•9360 De Soto Ave„P.D.Box 2402+Chaleworlh,CA 91313.2402•wwwnatbrak*toty.org Prod.No,5907 Reorder..Q91 Tok•Pros 1.900$78.5847
Executed in Triplicate
Subdivision/Tract 86901N-4,Gale Ranch 11,Parcel#222-280-00I-0
Subdivision/Tract 86881N-2B,Gate Ranch II,Parcels#222-280-001-9,
CNA suRETY 222-270-001-1,222-270-002-9
Increase -Decrease Rider
7C BE ATTACHER TO and form part of Bond Number 929 299 732 issued by the
National Fire Insurance CoInpapy of Hartford
as Surety,on behalf of ShaI Industries,Inc- e w ti n
of M I itas CA
hereinafter referred to as the Principal,and
In favor of QQ=of Qpntra Qsta
of Martin CA
hereinafter referred to as the Obligee,effective the
l I th day of FebruM,2004
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is
understood and agreed that effective the---!)thtb day of 1ebruary , 2004 ,and subject to all the terms,
conditions and limitations of the attached bond,the penal sum thereof shall be and the same Is hereby increased
from the sura of Five T411ndred Thitly FightIbnuvinei qir T4imAred and blallon**
Dollars(.1538,600,00** �
to the sum of Six Hundred Nin e d e H ndred and Noll **
Dollars( $691,100.00** ).
ITIS FURTHER UNDERSTOOD and agreed#hat subject to all the terms, conditions and limitations of the,attached bond,
the aggregate liability of the Surety for any loss occurring prior to said date shag not exceed the sum of
Five Hundred 11grty Eight Thousand Six Hundred and NolI00**
Dollars($538:500.00** )
or for any loss occurring subsequent to said date shall not e=artd the sum of
Six Hundred Ninety One Thousand One Hundred and No1100** Dollars( �69I,100.00** j
In no event,however, shall the aggregate liability of the Surety exceed the Iarger of the aforamentioned$urns, it being the
intent hereof to preclude cumulative liability.
SIGNED,SEALED AND DATED this 7th day of May 2004
Accepted By:
County of Contra Costa Shape]]Industries,Inc.,a Delaware Corporation
(Principal)
8y 8 : 1/t7't~,-t, (Seal)
Truebrid ,Asst. V.P.
/
DATE: ���� �� _ Axe-n Cox , Asst. Sec.
BOND RE-VIEWED,AND APPROVED Nacional Fat Insurance-Commy of Hartford
CONTRA COSTA C€ 1UNTY Sty)
TRE.r`BU COLLECTOR (Seal)
BY, Pamela L.Stocks Attomay-in-fact
SUR-23189-D
POWER OF A'T'TORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Kuorw 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 heading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies-),
aro duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the
signatures and seals herein affixed hereby make,constitute and appoint
Pamela L Stocks,Beverly A Hail,Sandra V Banner,Individually
of Sherman Oaks,CA,their true and.lawful Attorney(*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 Fitness 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 9th day of July,2003.
(f"
ctytrContinental Casualty Company
National Fire Insurance Company of Hartford
o � rtro American Casualty Company of Reading,Pennsylvania
AXY SEAL i.
Michael Gengler Se ' Vice President
State of Illinois,County of Cook,ss:
On this 9th day of July,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 like authority,and acknowledges same to be the act and deed of said corporations.
";;;GA 1L SEAL •
ELi2A PRICE •
WorAW rwwa,srxra n€Ltwats
Wry e"ee:""I"
My Commission.Expires September 17,2005 Eliza Price 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 g tithe reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
! h- day of May '2004
Continental Casualty Company
` National Fire Insurance Company of Hartford
o°" `"'s ► ,r� a+rat , American Casualty Company of Reading,Pennsylvania
' aucr u,
u SEAL on a
resp �` • +i
Form F6$53 Mary A.4ikajokis Assistant Secretary
State of CALIFQPNIA
County of LOS ANGELES
On May 7, 2004 before me Sandy Hanner- Notary Public
Date NAME.'TITLE OF OFFICER.,'JANE DOE,NOTARY PUBLIC-
personally appeared Pamela L. Stocks
NAME(S) of SIGNER(S)
(x) personally known to me—OR— (—) provers to me on the basis of satisfactory evidence to be
the personN) whose name(4 isi naubscribed to the within instrument and acknowledged to me that
Wshe c executed the same in bis/her/l=ot authorized capacity{ , and that by 1 rWherltffW
signatureo) on the instrument the person(f,), or the entity upon behalf of which the person(30 acted,
executed the instrument
NER
SAMDY HAN
WITNE41GA
and and o ial seal.
Commission#1352157
Notary Pubg •California RE OF NOTARY
Los Angeles Count'
My Comm.Expires Jul 2,2006
L
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
(. } INDIVIDUAL
} CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
}
PARTNER(S) (.�) LIMITED
{—) GENERAL
{ )
ATTORNEY-IN-FACT NUMBER OF PAGES
{.�.)
TRUSTEE(S)
{_ _} GUARDIAN/CONSERVATOR
{_ ) OTHER
DATE OF DOCUMENT
SIGNER I5 REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company
of Hartford SIGNER(S)OTHER THAN FAMED ABOVE
G-107426-8
S� )1
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
� State of California
County of Santa Clara
?` On May 10, 2004,before me,Janice T.Kruse,Notary Public personally appeared,J.C.
I Truebridge & Ken Cox personally known to me to be the persons whose names are l
subscribed to the within instrument and acknowledged to me that they executed the same
s� in their authorized capacity, and that by their signature on the instrument the persons, or ;
5 the entity upon behalf of which the persons acted, executed the instrument.
S2 Z�j
r�
3AN10E T.KRUSE 1$
Cotnn*sion# 1318697 :
Notary pubie California SSS my hand and official seal.
sar*a clary county
Si ature of Notary Public
S {t
J
Optional Information
le
Title or Type of Document: Increase/Decrease Rider- Bond#929299732
t Secret
t
i
d A
t id
P
Vi
Capacity Claimed by Signer: Assistant Vice President ansssanary of
\ l�
Sha ell Industries,Inc.
Z S
S
r
SS
>>
,S i1
'y �l
:,S
ii
GENERAL PURPOSE RIDER
To be attached to and form part of Bond Number 929 299 732 _effective --- February)-1,2004
issued by the _ _National Fire Insurance Company of Hartford
in the amount of $691,100.00 _ — -_--- -- —_ DOLLARS,
on behalf of Sl apell Industries,Inc.,a Delaware Corporation
as Principal and in favor ofCounty of Contra Costa
as Obligee:
Now,Therefore, it is agreed that: the following tracts are included under this bond no.929 299 732:
Tract 8690/N-4,Gale Ranch II,Parcel#222-280-001-0
Tract 8688/N-2B,Gale Ranch II,Parcels#222-280-001-9,222-270-001-1,222-270-002-9
Tract 8699/N-5,Gale Ranch 11,Parcel 222-280-001-9
Tract 8682/N-7,Gale Ranch 11,Parcel 222-280-001-9
BATE, . ,
RZI"Wxl�AND
CflTRA cos r W4TY vEfl
COLLRCTOR
It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged.
This rider is to be effective the --__1.Id'— day of —.__February - --20044--
Signed, sealed and dated this _ l6th---- day of August 2004_—
Shapell Industries,Inc.,a
Delaware Corporation f Principal) Nationale Insurance Com y of.Hartford (Suret)
Pamela L.Stocks Attorney-in-Fact
AU Z
By:— -- -- - - ----
Accepted By:
Form F5340
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American
Casualty Company of Reading,Pennsylvania(herein called"the CNA Companies"),are duty organized and existing corporations having
their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby
make,constitute and appoint
Pamela L.Stocks,Beverly A.Hall,Sandra V.Hanner,lndividuall
Of Sherman Oaks,California
their true and lawful A#torney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bonds,undertakings and other obligatory instruments of similar nature
---In Unlimited Amounts--
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This lower 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 3rd day of August,2001.
I(
Continental Casualty Company
Dt National Fire Insurance Company of Hartford
JULY r, American Casualty Company of Reading,Pennsylvania
SEAL
Jim
State of Illinois,County of Cook,ss: Michael Gengler Group Vice President
On this 3rd day of August,2001, 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,National Fire
Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described in and which executed the above
instrument;that he knows the seals of said 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 acknowledgessame to be the act and deed of said corporations.
trr•� OFFICIAL SEAL'
rrrrrrrrsrarw*rarrr+►rrr ,
CUM MAMM
NSMW rVWft*NMI*WrAft �
My Commission Expires September 17,2001 Diane Faulkner 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 stilt 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 16th day of
—August ,
tr00
` Continental Casualty Company
tib' National Fire Insurance Company of Hartford
AXY American Casualty Company of Reading,Pennsylvania
v Y {'
(Rev. 1/23/01) Mary A.Ribikawskis Assistant Secretary
State of California
County of Los Angeles
On August 16 2004 before me, Sandy Hanner- Notary Public
Data 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(4 is/Amoubscribed to the within instrument and acknowledged to me that
hiddshe executed the same in tdWher/ftt authorized capacityogee and that by Whert
signature(s) on the instrument the person(g), or the entity upon behalf of which the person(SI) acted,
executed the instrument.
SANDY wITN 'S my hand official seal.
MNER
Commission#1362157
°eti Notary Public-California � SEC ATURE OF NOTARY
Los An$el8a County .
My Comm.E4 Jul Z,
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(5)
( ) GUARDIAN/CONSERVATOR
(_-...} OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company
of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
G-107426-8
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
Mate of California
County of Fanta Clara
On August 18, 2004,before me,Janice T. Kruse,Notary Public personally appeared,
J.C.Truebridge & Ken Cox personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacity, and that by their signature on the instrument the persons, or 5
the entity upon behalf of which the persons acted, executed the instrument.
M
r us WITNESS m hand x�d official seal.
Con nbsjon# 1318lr97 3'
NotWV Pulb)k-Cagtornia
Ck"o County,
Signature of Notary Public
Optional Information
Title or Type of Document: General PuEpose Rider-Tract 8690/N-4. 8688/N-2B.
8699/N-5, 8682/N-7
Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of
Shayell Industries,Inc.