HomeMy WebLinkAboutMINUTES - 01132004 - C6-C9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 13, 2004, by the fallowing vete:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, AND GLOVER
NOES: NONE
ABSENT: SUTPERVISOR OESALTI PIER
ABSTAIN: NONE
RESOLUTION NO. 2004/ 36
SUBJECT: Approval of Road Improvement Agreement for Windemere Phase II Ridgeline Trail,
RA 1149(cross-reference Subdivision 8507),being developed by Windemere BLC
Land Company, L.L.C., San Ramon(Dougherty Valley) area. (District III)
The following document was presented for Board approval for Windemere Phase II Ridgeline
Trail,road acceptance file RA 1149(cross-reference Subdivision 8507)property located in the San
Ramon(Dougherty Valley)area, Supervisorial District III.
A Road Improvement Agreement with Windemere BLC Land Company,L.L.C.,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.Improvements generally consist of trail
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:
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
Originator. Public Works(ES) On the date shown.
Contact: Teri Rie(313-2363)
LT:rm
ts:\GrpData\EngSvc\BO�2004\01-13-04\RA 1149 so-15.doc ATTESTED: JANUARY 1.3, 2004
Ce: Public Works-T.Bell,Construction
Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and
T—October 16,2004(PI)
Windemere BLC Land Company,L.L.C. County Administrator
3130 Crow Canyon Place,#310
San Ramon,CA 94583
Attn:Brian Olin
The Continental Insurance Company
2600 Lucien Way,Suite 130 By ,Deputy
Maitland,FL 32751
Ann:Patricia H.Brebner
RESOLUTION NO.2004{ 36
SUBJECT: Approval of Road Improvement Agreement for Windemere Phase II Ridgeline Trail,
RA 1149(cross-reference Subdivision 8507),being developed by Windemere BLC
Land Company, L.L.C., San Ramon(Dougherty Valley) area. (District III}
DATE: January 13, 2004
PAGE: 2
I. Cash Bond
Performance Amount: $1,600.00
Auditor's Deposit Permit No. DP 415831 Date: December 4, 2003
Submitted by: Windemere BLC Land Company, L.L.C.
Taxpayer identification number: 94-329-15-16
II. Surety Band
Bond Company: The Continental Insurance Company
Bond Number and Date: 929 285 606 November 21, 2003
Performance Amount: $159,400.00
Labor&Materials Amount: $80,500.00
Principal: Windemere BLC Land Company,L.L.C.
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/36
ROAD_IMPROVEMENT AGREEMENT
Developer: Windemere BLC Land Coml7any,LLC Effective Date: 3AB 1!s i( (7 . U,01
Development: RA 1149L Cross Ref.SUB 8507) Completion Period: 1 year
Road: Windetnere Rfdeeline Trait WINDEMERE BLC LAND COMPANY LLC,
a California limited liability Company
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A LEN-OBS Winde bilis LLC
A ere
Delaware limited liability company
Managing Member
CONTRA COSTA COUNTY DEVELOPER
Maurice M.Shiu,Public Works Director By: Hames of California,Inc.,
Managing Ivlember
By: M a� + (signature) AAA
(print name&title) Don Larson,Vice President
RECO ED FOR APPROVAL t,
By: p (signature)' d�fi� .`
_ gineeri t es .Division {print nahye&title) nn Joc/1 ,Asst.Secretary
FORM APPROVED: Victor J.Westman,County Counsel
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code 5313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Conn ,"and the above-mentioned Developer,
mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs, street lights,fire
hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this 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.
3. 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: $ 1,640.00 cash,plus additional security,in the amount of$._ 159,400.00
which together total one hundred percent(1001/6)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 80.500.00 which is fifty percent(50%)of the estimated cost of the work. Such security
is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the 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 S94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK.. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfactorily for a period of one-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
S. 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 work determined by
the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and
after the Board of Supervisors accepts the work as complete.
b. 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 whale 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.
8. 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 and
attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any 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 farm 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
\1PWS4\SHARDATA\GrpData\EngSvc\Forms\AG WORDIAG-24.doc
Rev.April 6,2600
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of �� 1� 1 1 OPTIONAL SECTION
County of Cw,1TCA ,t CAPACITY CLAIMED BY SIGNER
.
On L t�b� efore me, my_r la - 1t#1I t' o A>w.? c.i L.i tr Though statute does not require the Notary to fill in
DATE NAME,TITLE OF OFFICER E. .,"JANE DOE,NOTARY PUBLIC' the data below,doing so may prove invaluable to
personally appeared 1 �..i4�. s" a*=N;�
persons relying on the document.
NAMES)OF SIGNERS) ❑ INDIVIDUAL
personally known to me-OR-❑ p to ❑ CORPORATE OPFICER(S)
be the person(s)whose name(s)ds/are TITLES)
subscribed to the within instrument and
aAh acknowledged to me that keMw/they executed ❑ PARTNER(S) 11LIMITED
the same in 1 /their authorized
KAREN L. K<ENAI,I capacity(ies),and that by his4w/their 11 GENERAL
COmmiss!ari# 1378827 x signature(s)on the instrument the person(s)or 11 ATTORNEY-TN-FACT
z as Notary Public CpllfCrt11C1 the entity upon behalf of which the person(s) 11 TRUSTEE(S)
' COcttra Costa COurrty yacted,executed the instrument GUARDIAN/CONSERVATOR
„ P OTHER:
My Cornm.Expires 7,200b ESS my h and o tial seal,
-"� SIGNER IS REPRESENTING:
(NAME OF PERSONS)OR ENTITY(IES))
..� SIGNATURE NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
Il. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS - Si ping party must be either a general partner or be authorized in writing to have
the authority to sign or an Ind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should a signed y two o kers,one from each of the following two groups:
GROUT' 1. ({a The Chair of the Board
(b The President
(c Any Vice-President
GROUP 2. aThe Secretary
b An Assistant Secretary
c The Chief Financial Officer
d The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the personsi ning the instrument to execute instruments of the type in question is required. A currently
valid power of attorney,notarized,will sukl9cce.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
ii
..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
JC:mw
GAGrpData�EngSvclForms%WORD FORWALL PURPOSE NOTARY.doc
Rev.Auguat i;2001
COUNTY OF CONTRA COSTA
• DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA S l
RECEIVED FROM
ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's Bulletin 105)
DESCRIPTION FUND/ORG. SUB'
ACCT. TASK 1OPTION ACTIVITY AMOUNT
$
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EXPLANATION: TOTAL $ t
5„ 6 7" 12 z t1'7, DEPOSIT r i i
ftt +trr
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_
rDeposit consists of the following items
c , r �- c f/22 ,
CONN and CURRENCY $ t
i
C-7CH/ c'� `r ` ',�/e' G
ECKS,M.O.,ETC. $f C� U t
r BANK DEPOSITS $
; FOR AUDITOR-CONTROLLER USE ONLY
/C f�.J rr ` � /'' `�f �, 't�,/�y i `e�.r'� ` d' ` DEPC15f7
PERMIT DP
,tr i tCr>(r, /'- tf}tj . ✓ C).� f `r .'.'ff_� j�
NUMBER
/q .?�� rS r DATE 415831. DE
5-r. 6 LLA16 ASSIGNED
Li r,
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
Isit into the County Treasury. acknowledged.
f/ � �� Dto i�"7 ISigned: 6'r�(' EXL 7 �7eputy County Auditor Deputy C my Treasurer
D-34 REV.(7-93) ` C,I�iI2 bi
COUNTY OF CONTRA COSTA
t DEPOSIT PERMIT
OFFICE OF COUNTY AUD17OR-CONTROLLER r
TO THE TREASURER: MARTINEZ,CALIFORNIA {!
RECEIYEI7 FROM
ORGANIZATION NUMBER ����—----
(For Cash Collection Procedures see County AdministroWs Bu#Ietrn 105.)
DESCRIPTION FUND/0RG. SUB, TASK OPTION ACTWITY AMOUNT
ACCT.
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EXPLANATiC3N: TOTAL $
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.t t,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT D
NUMBER
DATE
ASSIGNED
The amount of money described abatis is for Treasurver` receipt of ab a nt is ap m d. Receipt of above amount is hereby
acknowle
.` os>t into the County Treasury. dged.
`Date '
Signed; Signed:
Title: .r EXT:$ Deputy County Auditor Deputy County Treasurer
D-34 REV.(7-43)
0649-9665 / 881000 : G1122075, $16,410.00, Sub 8698, Landscape
Improvement Inspection Deposit, Shapell Industries of No. Calif. 100 N.
Milpitas Blvd., Milpitas, CA 95035
0649-3665 / 831000 : G1122076, $500.00, LP 2063-99, Deferred
Improvement Agreement, William Reddick, 4091 A Orwood Road, Brentwood,
CA }4513
0649-9665 / 831000 : G1122079,$10.750.00, RA1149, Road Acceptance
Inspection Deposit, Windemere BLC LLC, 3130 Crow Canyon 'PI #310, San
Ramon, CA 94583
0649-9665 / 831000 : G1122081, $500.00, 852852, Record of Survey
Check, Mark Landis, 5008 Totom Court, Antioch, CA 94509
819800-0800: &1122075,$1.990.00, Sub 8698, Landscape Cash
Performance Bond, Shapell Industries of No. Calif. 100 N. Milpitas Blvd.,
Milpitas, CA 95035
819800-0800: 61122080, $1.600.00, RA1149, Performance Cash Bond,
Windemere RLC LLC, 3130 Crow Canyon PI ##310, San Ramon, CA;94583
821400-0800: G1122238, $12,858.82, SR SCC .Sub Reg, City of San Ramon,
2222 Camino Ramon, Son Ramon, CA 94583
821500-0800: G1122238, $1 .501.91, SR SCC Reg, City of San',Ramon, 2222
Camino Ramon, San Ramon, CA 94583
0682-9752 / 819200: G1122256, $3,257.51, Bus Shelter, Viacom Outdoor,
2502 N. Black Canyon Hwy, Phoenix, AZ 85009
$oad No.: 929 285 bob
Development: R..A_114 (Crass fief, SUB 8.5L7)
Premium. $669.00
EXECUTED IN DUPLICATE
IMPROVEMENT SECURITY BONA
FOR ROAD IMPROVEMENT AGREEMENT
(Performance,Guarantee,and Payment)
(California Government Code §§ 66499-66499.10)
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
improv ernents on, or along -RA 1149 to complete said work within the time specified for completion,
in the Road Improvement Agreement,all in accordance with State and local laws and rulings.
2. OBLIGATION. dere 13LC Crim .C. as Principal and
The Continental. Insurance Company , a corporation organized under the laws of the State
of Near Iiampshire ,and authorized to transact sitrery 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. .Performan+re. a HundredFi Nine T ou d Po Hund gd Dollars
{� 159.4QQ.00 1 for itself or any city assignee under the above County road
Improvement Agreement,plus
$. pstymenta Ei ,h Thomand Five Hundred Dollars
($ 80,500.00 )to secure the claims to which reference is made in Title 15 §§et seq.
of the Civil Cade 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,
or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and
abide by and well and truly keep and perform the covenants,conditions and provisions in the said
agreement and any alteration thereof made as therein provided on it or its part, to be kept and
performed at the time and in the martnner therein specified and in all respects according to their true
intent and meaning and shall indemnify and save harmless the County of Contra Costa or city
assignee,its officers,agents and employees,as therein stipulated.,then this obligation shall become
null and void;otherwise it shall be and remain in full farce and effect.
As pare 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 anomey`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 (2.13.) above, is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors, laborers,material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor
of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work
or labor and that said undersigned 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 fined 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 band shall inure to the benefit of any and all
persons,companies and corporations entitled to dile claims under Title 15 (commencing with Section
3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the work under the conditions 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 Road Improvement Agreement or any plan or specification of said wort:agreed
to by the Principal and the County shall relieve the Surety from liability on 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 California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED:
The undersigned executed this document on November 21, 2003
WINDEMERE BLC LAND COMPANY, LLC
By: Lennar Homes.of California, Inc.
PRINCIPAL: its manager SURETY: THE CONTINENATAL INSURANCE COMPANY
Address: 24800 Chrisanta Drive Address: 2600 Lucien Way, Suite 130
City: Mission Viejo, CA 2691 City: Mai and, FL 32751
By: By: ' `.
Print Name: David Evans Print Name: Patricia H. Brebner
Title: vice President Title: Attorney-in-Fact
C.tiC epSlaio E1tg�te Fauna T3 WORD HIv9 toe
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Or_ame
On November 24, 2003 before me, Kissandra Scott, personally
appeared David Evans, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacities, and that by his signatures
on the instrument the person or the entities upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal.
�. Comte#
1416"M"
v -
Orange
ltpmv Gmm.Expires Ju .
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 SIGNER IS REPRESENTING:
Corporate Officer—Vice President Lennar Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Surety Bond No. 929 285 606
Number of Pages: Two 2
Date of Document: November 21 2003
Signers (other than those named above): Patricia H. Brebner
"CALIFORNIA ALL-PURPOSE A( 1OWLEDGMENT No.5907
State of California
County of Orange
On November 21, 2003 before me, Leigh McDonough,Notary Public ,
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H.Brebner
NAME(S)OF SIGNER($)
® personally known to me-OR- ❑ 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), and that by his/her/their
signature(s)on the instrument the person(s), or the entity upon
, , behalf of which the person(s) acted, executed the instrument.
? 3tt tr,:ptrn# t s286Y4
hrn
WITNESS my hand and official seal.
v
1 SIGNATURE OF NOTA }Y
OPTIONAL.
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SINNER DESCRIPTION OF ATTACHED DOCUMENT
�f INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
®
PARTNER(S) L
IMITED
GENERAL
® ATTORNEY-IN-FACT
TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-4067/GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remrnet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That The Continental Insurance Company,a New Hampshire corporation,and Firemen's Insurance
Company of Newark, New Jersey,a New Jersey corporation(herein called"the CIC 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
Mike Parizina Linda Enright Rhonda C Abel James A. Schaller Jane Kepner, Nanette Mariella-Myers,Patricia H.
Brebner,Alexis H Bryan Leigh McDonou h Individually
Of Irvine,California
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 CIC Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 2nd day of April,2002.
r The Continental Insurance Company
Firemen's Insurance Company of Newark,New Jersey
Michael Gengler Group Vice President
State of Illinois,County of Cook,ss:
On this 2nd day of April,2002, before me personally came Michael Gengler to me known,who,being by me duly swom,did depose and
say:that he resides in the City of Chicago, State of Illinois;that he is a Group Vice President of The Continental''Insurance Company,a New
Hampshire corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey 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" 4
DIANE FAULKNER
Notary Public,State of Illinois
My Commission Expires 9/17/05
f
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A. Ribikawskis,Assistant Secretary of The Continental Insurance Company,a New Hampshire corporation,and Firemen's
Insurance Company of Newark, New Jersey,a New Jersey 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 1.have hereunto subscribed my name and affixed the seal of the said corporations this 21st day of
November 2003
INb
The Continental Insurance Company
firemen's Insurance Company of Newark, New Jersey
Mary A.Rlblkawskis Assistant Secretary
(Rev. 10/11/01)
Authorizing By-Laws and Resolution
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13th day of January,
1989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior
Vice President or a Vice President of the Company be,and each or any of them hereby is, authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts
of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is,
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company.
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
ADOPTED BY THE BOARD OF DIRECTORS OF FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY:
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY by unanimous written
consent dated the 13th day of January, 1989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior
Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts
of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is,
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company.
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of
suretyship to which it is attached."
k
................................................................................................
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CONTRA COSTA Co Recorder Office
STEPHEN L, WEIR, Clerk-Recorder
Recorded at the request of: DCC-- 2004-0012395-00
Contra Costa County Tuesday, JAN 13, 2004 14:01:19
Board of Supervisors FRE $0.00
Return to:
Public Works Department Ttl Pd $0,00 Nbr-0001941244
Engineering Services Division ICC/AS J 1—2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on January 13, 2004, by the following vote:
AYES: SUPERVISORS GIOIA, UILKR IA, GREENBERG, 4,T GW Z'R7
NOES: NONE
ABSENT: SUPZRVISOR DESPARNIER.
ABSTAIN: NONE
RESOLUTION NO. 2004/37
SUBJECT: Accepting completion of improvements and declaring certain roads as county roads,
Subdivision 7503, Martinez/Vine Hill area. (District II)
The Public Works Director has notified this Board that the public improvements(widening of
Arthur Road)and private improvements(Ross Circle)in Subdivision 7503 have been completed as
provided in the Subdivision Agreement with Young California Homes L.P.,heretofore approved by
this Board in conjunction with the filing of the Subdivision Map.
NOW THEREFORE BE IT RESOLVED that the public and private improvements have been
COMPLETED as of January 13, 2004 thereby establishing the six-month terminal period for the
filing of liens in case of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BANK/SURETY
December 15, 1998 Frontier Pacific Insurance Company
JD:rm
G:lGrpDatalFrgSvc\BOI,2404!01-13-041SUB 7543 B0 45.doc
Originator: public Works(Es) I hereby certify that this is a true and correct copy of an
Contact: tenet Dowling(313-2358)
Recording to be completed by CODaction taken and entered on the minutes of the Board of
cc: Public Works -Tax I.D.94-3226561,Accounting Supervisors on the date shown.
-T.Bell,Construction Div.
-M.Valdez,M&T Lab
14.Finch,Maintenance Div. ATTESTED: JANUARY 13 2004
-1.Bergeron,Mapping Div.
-'r.-laniary 13,2405 JOHN SWEETEN,Clerk of the Board of Supervisors and
Sheriff-Patrol Div.Commander County Administrator
CHP,c/o Al
CSAR—Cartog
Young California Homes,L.P.
4546 El Camino Real,Suite 223
Los Altos,CA 94422 By—.-. 7Z` �� ..,
Deputy
Frontier Pacific Insurance Company
101 West Broadway,Suite 700
San Diego,CA 92101-8208
RESOLUTION NO. 2004/ 37
Cr r Ri
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 13, 2004 by the following vote:
AYES: SUPERVISORS G101A, UILK ,4A, GREENBERG, ,17.) GIMM,
NOES: NONE
ABSENT: SU?-"'"RVISOR DESAUI.,N:IER
ABSTAIN: NONE
RESOLUTION NO. 2004/ 38
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision
5698 being developed by Shapell Industries of Northern California, a Division of
Shapell Industries Inc., a Delaware Corp., Danville area. (District IIT)
The following document was presented for Board approval this date for, Subdivision
5698 located in the Danville area:
I. Subdivision Agreement
A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of
Northern California, a Division of Shapell Industries, Inc. a Delaware Corp., developer, whereby
said developer agrees to complete all improvements as required in said Subdivision Agreement
(Right of Way Landscaping) within one year from the date of said agreement. Improvements
generally consist of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
II. Cash Deposit
Deposit Amount: $1,990.00
Deposit made by: Shapell Industries of Northern. California, a Division of Shapell
Industries Inc., a Delaware Corp.
Auditor's Deposit Permit No. and Date: 415531 December 4, 2003
Tax IL)Number: 95-2578030
LT:rrn:sr I hereby certify that this is a true and correct copy of an
G:\GrpData\EngSvc\BO\2004\02-13-o4\SUB 8698 Bt}-lUoc
Originator: Public works(Es) action taken and entered on the minutes of the Board of
Contact: Teri Rie(313-2363) Supervisors on the date shown.
cc: Public works- T.Bell,Construction
Current Planning,Community Development
T—November 13,2004(P1) ATTESTED:JANUARY I.3, 2004
Shapell Industries of Northern California JOHN SWEETEN,Clerk of the Board of Supervisors
Sam Worden&Steve Savage
100 N.Milpitas Blvd. and County Administrator
Milpitas,CA 95035
National Fire Insurance Company of Hartford
Pamela L.Stocks
5820 Canoga Avenue,Suite 200 By Deputy
Woodland Hills,CA 91367
RESOLUTION NO.2004/ 38
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision
8698 being developed by Shapell Industries of Northern California, a Division of
Shapell Industries Inc., a Delaware Corp.,Danville area. (District III)
DATE: January 13, 2004
PAGE: 2
IIL Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929299642 November 21, 2003
Performance Amount: $196,910.04
Labor&Materials Amount: $99,450.04
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries Inc., a Delaware Corp.
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way
Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO, 2004038
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463)
Subdivislon: SUB 8698 Effective Cate: aid r4V A>itj I � . Zko
Subdivider: Shaped Industries of Northern California. Completion Period: 1 year
a Division of Shgpell Industries Inc., A Delaware Corp,
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER:
Maurice M. Shiu, Public Works Direct r
J
By: C/ (signature)
w _ {print nam ti
RECOMMENDED FOR APPROVAL:
i t
B (signature)
E tri g Servic slon } {print nems&title) +
FORM APPROVED: Mkled;c�
Victor.J.Westman Count Counsel (NOTE. AI signaturek-� if Subdivider Is
Y
Incorporated,signatures must conform with the designated representative
groups pursuant to Corporations Cods§313.)
1. PARTIES>&GATE. Effective on the above date,the City of County of Centra Costa,California,hereinafterca#led"Court ,"and the
above-meint-joned Subdivider,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,
signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the
improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a goodworkmanlike manner,in
accordance with accepted construction practices and In a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter
requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Cods,provide as security to the County:
A. For Performance and Guarantee: $ i 990.00 cash,plus additional security,in the amount of
$ 196 910.00 which together total one hundred percent(100%)of the estimated cost ref the work. Such additional
security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable Irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 99,450.00 _,which is fifty percent(50%)of the estimated cost
of the work. Such security is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable Irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdividerguarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
........................
system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreemsnt. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and
other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant
establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any
respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider 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. ..-Thai! #ht" a protepted-.aVat are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions define be aiw,-arid inclu g,personal injury,death,property damage, inverse condemnation,or any combination of
these,and regardless,4t*h0 rr.4>rVotVuyh,l ty,claim or damage was unforeseeable at any time before the County reviewed said
improvement plan's "peaptedl e.W. , leta,and including the defense of any suit(s),action(s),or other proceeding(s)concerning
said liabilities ane cla K6.
C. The actions causing llabilily are any act or omission(negligent or non-negligent)in connection with the matters covered by
this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer, agent,or employee of one or more of them;
D. Non-Conditions The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of
any Indemnity.
B. 1. Windemere BLC Land Company LLC("BLC")shall indemnify,defend and protect Contra Costa County("County„)and the
Contra Costa County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any
and all claims,costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable
law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated Tune,2000,
by and between BLC and Shapell Industries,Inc.("Shapell")including,without limitation,any claim, cost,loss,liability,damage or other expense arising
out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County or
District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement.
2. BLC's obligations under Section 1 above shall exist regardless of concurrent negligence or willful misconduct on the part of the
County or District or any other person,provided,however,that BLC shall not be required to indemnify,protect,defend or hold County or District
harmless to the extent any claims,losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or
District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The
obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of
improvements by County or District.
g. COSTS: Subdivider shall pay when due, all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
10. 5L
JBVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND QOSTS: If Subdivider fails to complete the work within the time specified in this Agreement,and
subsequent extensions, or falls to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract,overhead,etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the
County proceeds to complete and/or maintain the work.
Once action Is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. INCORPORATIQN/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in
territory incorporated as a city or Is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter
of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
Awlap
GAGrpDatMEngSvc\Forms\AG WORD\AG•30A doc
Rev.May 18,2001
�� 1Z
`a
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
j
S>
Stag of California
County of Santa Clara s
On November 21, 2003,before me,Janice T. Kruse,Notary Public personally appeared
Marie A. Cook& Robert D. Moore,personally known to me to be the persons whose
z
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 the entity upon behalf of which the persons acted, executed the <5
instrument.
COrnr Mian# 7 s 118697 WITNESS my hand and official seal.
C� 13ftry Ptllatic-Cai omia
ko tt Ckwo C urft
' woo
Signature of Notary Public
Optional Information
Title or Type of Document: Subdivision Agreement—Landscaping Richt of Way—
Tract-8698
ay-Tract8698
5
Capacity Claimed by Signer: Chief Financial Officer and Executive VicePresident of
�z
Shaoell Industries of Northern California. s>
C}
COUNTY OF CONTRA COSTA
DEPOSIT PERM
OFFICE OF COUNTY AUDITOR-CONTROLLER 1
TO THE TREASURER:
MARTINEZ,CALIFORNIAr'
��,,•
RECEIVED FROM
ORGANIZATION NUMBER
(( �� {<hgardxaiian)
(for Cash Collection Procedures sea County Administrator's Bulletin 105.)
DESCRIPTION FUND/{ARG SUB. TASK OPTION ACTIVITY AMOUNT
115
1 1AW
27-
'� 0
060 V 6 6V.
t
krdl(17
i
EXPLANATION: �jf
2, DEPOSIT
Deposit consists of the following items
cl� E COIN and CURRENCY $ r
/ ///,?6'
r CHECKS,M.O.,ETC. $ '� f
C'7 { / , 7iPt „r BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
l✓'' C t`- �` t f t.. v i i/ '� DEPOSIT
€ / I PERMIT DP
MY
-; r / t l 't j '} / , �r,!�f NUMBER
i 1- :� 4-1q .25 is"! DATE 1583 DEC, ` 3
6/ r r ✓? . ASSIGNED -
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
osit into the County Treasury, acknowledged.
Signe / k _Date
d� (, ne Signed:
Tits (' ( EXT. 7 Deputy County star Deputy C my Treasurer
D-34 REV.(7-93) f
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER y +
TO THE TREASURER: MARTINEZ,CALIFORNIA �j`'✓i} �1
RECEIVED PROM
ORGANIZATION NUMBER
(for Cash Collection Procedures see County AdministroWs Bulletin 105.)
DESCRIPTION FUND/ORG ACCT TASK OPTION ACCNITY AMOUNT
fi
r G� 5R
00
#
#
#
fi
i
#
3
#
#
#
i #
I
t
3
i
#
#
E
I
#
# t
#
EXPLANATION: TOTAL $ #
DEPOSIT #
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $_
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT D
NUMBER
DATE LASSIGNED
The amount of money described above is for Treasurer receip#o€ab a nt is ap ro d. Receipt of above amount is hereby
de it,in#a the County Tre ury. acknowledged
Q �c
Si Date 1 1
Signed: Signed:
Title: ' EXT. Deputy County Auditor Deputy County Treasurer
t
D-34 REV.(7-43) j(/
0649-9665 / 831000 : 61122075, $16,410.00, Sub 5698, Landscape
Improvement Inspection Deposit, Shapell Industries of No. Calif. 100 N.
Milpitas Blvd., Milpitas, CA 95035
0649-9665 / 531000 : 61122076, $500.00, LP 2063-99, Deferred
Improvement Agreement, William Reddick, 4091 A Orwood Road, Brentwood,
CA 94513
0649-9665 / 831000 : 61122079,$10,750.00, RA1149, Road Acceptance
Inspection Deposit, Windemere BLC LLC, 3130 Crow Canyon PI #310, San
Ramon, CA 94583
0649-9665 / 831000 : 61122081, $500.00, RS2852, Record of Survey
Check, Mark Landis, 5008 Totom Court, Antioch, CA 94509
8198000800; 61122075,$1,990.00, Sub 8698, Landscape Cash
Performance Bond, Shapell Industries of No. Calif. 100 N. Milpitas Blvd.,
Milpitas, CA 950335
819800.0800: 01122080, $1,600`00, RA1149, Performance Cash Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Raman, CA94583
8214000800: 61122238, $12,858.82, SR 5CC Sub Reg, City of San Ramon,
2222 Camino Ramon, San Ramon, CA 94583
821500--08030; 61122238, $1,5031.91, SR SCC Reg, City of San Ramon, 2222
Camino Ramon, San Ramon, CA 94583
0682-9752 / 819200: 61122256, $3-257.51, Bus Shelter, Viacom Outdoor,
2502 N. Black Canyon Hwy, Phoenix, AZ 85009
Subdivision: 8698, Wendt Ranch II
Band No.: 929299642
Premium: $1;477.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. RECITAL OF SC.gmyisION AGREEMENT: The Principal has executed an agreement with the County to install
and pay for public right of way landscaping, and other related improvements in Subdivision--86-98, Wendt
Ranch 11 as specked in the Subdivision Agreement (Right of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions
for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: Shapeil Industries of Northern California,A Division of Shapell Industries,Inc.,a Delaware Corp. ,as Principal,and
National Fir Insurance Company of Hartford , a corporation organized existing under the laws
of the State of CT , and authorized to transact surety business in Cahfomia,
as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: One Hundred Ninety Six Thousand Nine Hundred Ten Dollars and 001100
Dollars ($ 196,910.00 ) for itself or any city assignee under the above County
Subdivision Agreement, plus
B. Payment: Ninety Nine Thousand Four Hundred Fifty Dollars and 00/100
Dollars ($ 99,450.00 ) to secure the claims to which reference is made in Title
XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. CONDITION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,
his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide
by, and well and truly keep and perforin the covenants, conditions and provi�sionig in .the said
agreement and any alteration thereof made as therein provided cin.his or its part;-to be kept and
performed at the tithe and in the manner therein specified, an m respedts'aocording to their true
intent and meaning, and shall indemnify and save harmless the Cdunt� of Con-Via.Costa (or city
assignee), its officers, agents and employees, as therein stipulated, tlien this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs
and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firrnly bound unto the County of Contra Costa and all
contractors, subcontractors, laborers, material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the Unemployment insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein above
set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by
County (or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons, companies and corporations entitled to file claims under Title 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby
given to make such alteration without further notice to or consent by Surety; and the Surety hereby
waives the provisions of California Civil Code Section 2819, and holds itself bound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on November 21, 2003
Shaped Industries of Northern California,A
PRINCIPAL:Division of Shapell Industries,Inc.,a Delaware Corp. SURETY: National Fire insurance Company of Hartford_
Address: 100 North Milpitas Boulevard Address: 5820 Canoga Avenue, Suite 200
City: Milpitas, Zi 95035 City:Woodland Hills Zip; 91367
Print Name: 'rWfX-" Print Name: Pamela L. Stocks
Title: ' rcez— V. Title: Attorney-in-Fact
By:
Print Na a and Title: "ems CQXr_4 _
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
za
an
On L �before me
Gate Name and Tette of o ttcer(a,g.."Jane Doe, rY PLttlu')
X i '
personalty appeared
ama(s)of'Signar(s)
ersonally known to me
❑ p ved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are sz
3
0 DEMSE t. CR#STtANO subscribed to the within instrument and '.
Commission# 12962 i 6 acknowledged to me that he/she/they executed
Notary Public-Caltfosrinia the same in his/her/their authorized
Gcntra Costa County capacity(ies), and that by his/her/their
)V,YCt'.xr`-r?^-�1 w_5.2`X5 signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s) {
Z? acted, executed the instrument.
WIT SS my hand and office se
k
Signature tmlary ubll
OPTIONAL
lThough the information below is not r equired 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:
k
Document Date: _ Number of Pages:
r Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer
r4P
Signer's Name: HIS
t
vcTo of 1hjmb here :`
� El Individual �'
❑ Corporate Officer--Title(s):
❑ Partner--❑Limited ❑General
ElAttorney-in-Fact
FJ Trustee k
❑ Guardian or Conservator
❑ Other: x.
Signer Is Representing:�.�,, � , „�.
01999 Naticnai Notary Association•9360 De$oto Ave.,P.C.Sox 2402•Chatsworth,CA 91313.2402•www.naVonainotary.org Prod,No.6907 Heorc'er:Cali Toli-Free 1.800.876-6827
State of CALIFORNIA
County of LCIS ANGELES
On November 21,2003 before me, Sandy Hanner-Notary Public
Date NAME, TITLE OF OFFICER., "JANE DOE, NOTARY PUBLIC"
personally appeared Pamela L. Stacks
NAME(S)OF SIGNER(S)
{ X ) personally known to me —OR — (..._...) proved to me on the basis of satisfactory evidence to be
the person(s) whose name{d$istanwubscribed to the within instrument and acknowledged to me that
W sheijkM executed the same in bdilclher1*mIc authorized capacity{, and that by l I /herl#M
signature(&)on the instrument the person{$}, or the entity upon beha f of which the person(jo acted,
executed the instrument. 41
MIDYHAf#ER WITNESS,l y hand and officiaLseal.
_011-&4-,0/1'�vVC0*-.r-,
Commission*1362157 4-:1, - ..Notary Public-CatNornlscs Ange#os CountySIGNATURE OF NOTARY
Fxpires.)ul 2.2006
0PT30NAL
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 town.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
{ _} CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) {....} LIMITED
( _ } GENERAL
NUMBER OF PAGES
{ }
ATTORNEY-IN-FACT
{ `}
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING.
NAME OF PERSON(S) OR ENTITY(IES)
National_Fire Insurance Company,
of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
0•,07426.8
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a
Connecticut corporation,and American Casualty Company of heading,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.
Continental Casualty Company
ta'GAASwtr txwp rla° National Fire Insurance Company of Hartford
oromrt , + ro American Casualty Company of Reading,Pennsylvania
nnr n,
SEAL
1897
Michael Gengler Seni Vice President
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 swom,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
EPRICE
1QUfY PUWJ%ErATRCf '
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My Commission Expires September 17,2006 Eliza Price 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 T,he reverse hereofisin force
e. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
GG day of Ntin
OkContinental Casualty Company
« National Fire Insurance Company of Hartford
oorroiet*t� ,+t�M0wro American Casualty Company of Reading,Pennsylvania
JULY 1.
Mary A.Rikaiokis Assistant Secretary
Form F6853
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 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'b 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 shalt be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF 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
seat of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously
given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17'`day of February, 1993.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seat of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant
Secretary and the 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 seat shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board
of Directors of the Company.
"RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,
appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and
other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall
have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The
President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority
previously given to any Attorney-in-Fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17'`day of February,1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the
Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,
1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such
power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so
executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to
be valid and binding on the Corporation."
.........................................................................................................................................................................................................................................................................
............................................................................................................................................................................................................................................................................................................................
NOTICE
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.
DISQW8 L OF PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was Zero
Dollars ($0.00).
DISQLQ$X2RE-QF.FEDERAA TI IO PAYAMT OF TER.RORISM
Lti
The United States will pay ninety percent (90%) of covered terrorism losses exceeding the
applicable surety/insurer deductible.
Form F7314
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY
FLOOD CONTROL ANIS WATER CONSERVATION DISTRICT
Adopted this Resolution on January 13, 2004, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEM, GREENBERG, LOVER
NOES: NONE
ABSENT: SUPERVISOR DESAULNIER
ABSTAIN: NONE RESOLUTION NO. 2004/ 39
SUBJECT: Approve Deposit by Drainage Area 56 to the Flood Control Revolving Fund and Approve
Loan from the Fund to Drainage Area 29D, Antioch/Oakley area. (Districts V).
WHEREAS the following entity has funds that are temporarily not needed and are available for
deposit into the Flood Control District Revolving Fund:
Drainage Area 56 (256600) $360,000.00
WHEREAS the following entity needs a loan in the amount indicated:
Drainage Area 29D (255600) $360,000.00
WHEREAS Revolving Fund loan is needed to eliminate negative fund balances and to finance
maintenance activities in the above Drainage Area; and
WHEREAS said loan shall be repaid to the depositing entities within five years from the date of
disbursement from the fund from monies available to said entities through drainage fee revenue.
Repayment shall include interest on the unpaid balance at 2.62 percent per annum,which is the current
rate received on similar types of investments by Contra Costa County as determined by the County
Treasurer.
NOW THEREFORE BE IT RESOLVED, as the Governing Board of Contra Costa County Flood
Control and Water Conservation District, that said deposits and loans are approved.
GC:LM:rAdtckv
G:\Grpdata\FtdctMdministration\Board orders I hereby certify that this is a true and correct copy of an
12004 ResolutionsVeso deposit1-13-oa.doc action taken and entered on the minutes of the Board of
trig.Dept.: Public Works(Flood Control)
contact Person: Linda Martinez(313-2279) Supervisors on the date shown.
cc: County Administrator
County Counsel
Auditor/Controller ATTESTED: .JANUARY 13, 2004
PW-Accountng JOHN SWEETEN, Clerk of the Board of Supervisors and
PW—Flood Control
County Administrator
By Deputy
RESOLUTION NO. 2004/ 39