HomeMy WebLinkAboutMINUTES - 11302004 - C33 IMPROVEMENT WARRANTY AGREEMENT
(After Construction is Complete)
(Government Code§§ 66462 and 66463)
Development: Subdivision 8167 Effective Date: : —
t -
Principal: Hofinann Land Development Co.,Inc. Maintenance Period: 5 Years
Bonds:
A. Cash: $1,000.04
B. Surety:
1. Faithful performance&maintenance: $55,904.010
2. Payment for labor and materials: $28,454.00
PARTIES & DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County," and
the above-named"Principal,"mutually promise and agree as follows concerning this development.
IMPROVEMENT"WARRANTY.Principal warrants that the curbs and adjacent pavement and sidewalks,that were installed
on profile slopes of less than 1%,were otherwise constructed, installed and completed in this development in a manner equal
or superior to the requirements of the County Ordinance Code,Title 9.
GUARANTEE&MAINTENANCE. Principal guarantees that the aforesaid development improvements are and will be free
from:defects and will perform satisfactorily in accordance with the County Ordinance Code and principal shall maintain the
improvements for five years after the date of this agreement against any defective workmanship or materials or any
unsatisfactory performance,particularly ponding of storm water in gutters.
IMPROVEMENT SECURITY BONDS.Upon executing this agreement,principal shall deposit as security with the County:
A. Cash: (For faithful performance)a cash bond in the amount: $1,000.00
B. Surety: 1. (For faithful performance) additional security, in the amount: $55,900.00, totaling 15% of the
cost of the estimated improvements, less the cash bond, in the form of cash, an acceptable instrument of credit, or an
acceptable corporate surety bond, guaranteeing faithful performance of this agreement and maintenance of the work for five
years after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance;plus
2. (For payment for labor & materials)another such additional security, in the amount: $28,450.00, which is 50% of the
estimated cost of the aforementioned improvements, securing payment to the contractor,to the subcontractors and to persons
renting equipment or furnishing labor or materials to them or to principal. Said payment bond to become null and void six
months after the completion of warranty.
NO WAIVER BY COUNTY. Inspection of the improvements and/or materials, or approval of improvements and/or
materials inspected, or statement by any officer, agent or employee of the County indicating that the improvements or any
part thereof comply with the requirements of this agreement, or acceptance of the whole or any part of said improvements
and/or materials, or payments, therefor,or any combination or all of these acts, shall not relieve principal of the obligation to
fulfill this agreement as prescribed; nor shall County be thereby stopped from bringing any action for damages arising from
the failure to comply with any of the terms and coalitions hereof:
INDEMNITY: Principal shall hold harmless and indemnify the indemnities from the liabilities as defined in this section:
A. Indemnities benefited and protected by this promise are the County and its special district, elective and.
appointive boards,commissions,officers,agents,and employees;
B. 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 completed the review of the improvement plan or accepted the improvements as completedand including
the defense of any suit(s),action(s),or other proceeding(s)concerning these;
C. Actions causing liability are any act or omission(negligent or norrnegligent)in connection with the matters
covered by this agreement and attributable to principal,contractor,subcontractor,or any officer,agent,or employee of one or
more of them;
D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or
not any indemnity has prepared,supplied,or approved any plan(s)or specification(s)in connection With the improvements or
development, or has insurance or other indemnification covering any of these matters.
COSTS: Principal shall pay, or have paid when due, all the costs of the work, including inspections thereof and relocating
existing utilities required thereby.
NON-PERFORMANCE AND COSTS: If principal fails to maintain the work and improvements during the time specified in
this agreement, County may proceed to repair them by contract or otherwise and principal shall pay the costs and charges,
therefor, immediately upon demand. If County sues to compel performance of this agreement or recover engineering costs
and the cost of maintaining the improvements, principal shall pay all reasonable attorneys'fees, costs of suit and all other
expenses of litigation incurred by County in connection therewith.
ASSIGNMENT: If, before the completion of the maintenance period, the development is annexed to a city, County may
assign to that city County's rights under this agreement and any cash bond or surety securing them.
LABOR&MATERIALS,WARRANTY: Principal further warrants that the claims and liens of all persons, contractors and
subcontractors furnishing labor or materials for the maintenance or repair.of sod improvements in the development have.
been satisfied. Principal agrees to satisfy any valid claims or liens of labor and materialmen as to the said improvements and
development appearing hereafter upon demand by County.
CONSIDERATION: In consideration hereof, at the end of the five year Warranty period, County will accept the curbs and
adjacent pavement of Subdivision 8167 for maintenance.
CONTRA COSTA COUN"1'Y: PRINCIPAL:
Maurice M. Shiu,Public Works Director Hofmann Land Development Co.,Inc.
By: td
By
A.T.Shaw,President _
RECOMMENDED FOR APPROVAL:
ngineering SerAces Division
FORM APPROVED: Victor J.Westman,County Counsel
:cl
G:\CxrpData\EngsvclChris\ProjectslDiscovery Say West\SUB 8167ASUB 8167 Warranty Agmit-doc
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: November 30,2004
SUBJECT: Approving the Subdivision Agreement(Right-cif-Way Landscaping), SD 02-08686.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND 3USTIFICAVON
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ 624 for Subdivision 02-08686,Approve Subdivision Agreement(Right of Way
Landscaping)for Subdivision 02-08686,being developed by Shapell Industries ofNorthem California,a Division of
Shapell Industries, Inc., San Ramon(:Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S)FOR RECOMMENDATION(S):
Subdivision 02-08686 has been reviewed and processed by Public Work's staff and meets all applicable Conditions
of Approval regarding landscape improvements.
{CONSEQUENCES OF NEGATIVE ACTION:
The Subdivision Agreement(Right-of-Way Landscaping)will not be approved and landscape improvements will
not be completed.
Continued an Attachment: SIGNATURE: v
-A.-RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
PROVE OTHER
ACTION OF Bq ON NaVR RF,R -1Q, 20()4 APPROVED AS RECOMMENDED X _ OTHER
U
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
VOTE OF SUPERVISORS date shown.
XX UNANIMOUS(ABSENT NONE 3
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: NOVEMBER 30, 2004
3Y:mr JOHN SWEETEN, Clerk of the Board of
G!tGrpDatallangSve�BG\2004111-30-04\SD 02,0$686 Drdecdoc Supervisors and.County Administrator
Orlg.Div. Public Warks(F'S)
Contact Teri R"ie(313-2363)
cc: Public Warks- T.Bell,Construction
Current Plana-sag,Community Development
T--September 30,2005)
Shapatl Industries of Northern Caiiforma
100 N.Milpitas Blvd. By _ y Deputy
Milpitas,CA 95035
Attn:I.Gold,S.Warden
National Fire Insurance Company of Hartford
5620 Canoga Ave.,Suite 200
Woodland Hills,CA 91367
Attu:Pamela L.Stocks
<}y
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 30, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKE A, GREENBERG, DESAULNIwER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 624
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 02-
08686, being developed by Shapell Industries of Northern California, a Division
of Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District III)
The following document was presented for Board approval this date for Subdivision 02-
08686, located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of
Northern California, a Division of Shapell Industries, Inc., 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:
I. Cash Deposit
Deposit.Amount: $3,1.00.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 433275 October 21, 2004
3v:rm I hereby certify that this is a true and correct copy of an
Originator:
Public Works 4\11-30 o4\sr�02-0869e Bo-l6.d�yc action taken and entered on the minutes of the Board of
Originator: Public Works{ES)
Contact: Teri Rie(313-2363) Supervisors on the date shown.
cc: Public Works- T.Bell,Construction
Current Planning,Community Development
T-September 30,2004 ATTESTED: NOVEMBER 30 r 2004
Shapell Industries of Northern California C
100 N.Milpitas Blvd. JOHN SWEETEN, Clerk of the Board of Supervisors and
Milpitas,CA 95035 County Administrator
ttn
A :3.Gold,S.Worden,and S.Savage
National Fire Insurance Company of Hartford
5820 Canoga Ave.;Suite 200
Woodland Hills,CA 91367
Attn:Pamela I..Stocks By ,Deputy
RESOLUTION NO.2004/ 624
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 02-
08686, being developed by Shapell Industries of Northern California, a Division
of Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District III)
DATE: November 30, 2004
PAGE: 2
II. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929 299 768 October 4, 2004
Performance Amount: $311,000.00
Labor. &Materials Amount: $157,050.00
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc.,
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. 20041624
SUBDIVISION AGREEMENT
(Right of Way€,andscapin )
(Government Code§66462 and 966465)
Subdivision: 8686 (N.151 Effective fete:
Subdivider. Shavell Industries of Northern California, Completion Period: I year
A Division of Shapell Industries. Inc.
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA!QQ!JNTY SUBDIVIDER:
Maurice M. Shiu, Public Works Directo Shagell Industries of Northern California.
A Division of Sha,pell Industries, Inc.
By: (signature)AV, )
(print nameAtte)
RECOMMENDED FOR APPROVAL:
1 14�
By: (signature)
Engineering Services C Sion (print name& tie) e i <,�_
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§313.)
1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coup ,"and the
above-mentioned Su divider,mutually promise and agree as follows concerning this subdivision:
2. IMEB VNTS. Subdivider agrees to install certain road improvements (both public and private), drainage improvements,
signs, street IlIghts, ire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the
improvement pians for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike mariner,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, IMPRO E ENT SECURIJY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Chile§66499,and
the County{ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $3.100c ash,plus additional security,in the amount of$X11 Bim which together total
one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
--Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$157,Q5t1,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 perforrn satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and
other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant
establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any
respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY, Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8, INDEMNITY: Subdivider shall hold harmless and indemnify the Indemnitees from the liabilities as defined in this section:
A. Thein emnities benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,o icers,agents,and employees.
B. The lla ilit[4 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 tiabltity are any actor omission(negligent or non-negligent)in connection with the matters covered by
this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions; The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance
or other Indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of
any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby,
10. S RVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road ommissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
it. NON-PERFORMANCE AND COSTS: If subdivider falls 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. INQORP.ORATIQN/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.
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G.AGrpData\EngSvolSSava\Ue Ranch Phase 2-(SD 7984)M86(N16)18686 Landscape Impr,Apsearnent.doc
Rev.May 18,2001
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara s
Can October 12,2004,before me,Janice T. Kruse,Notary Public personally appeared,
Robert D. Moore& Marie A. Cook 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 the entity upon behalf of which the persons acted, executed the
» instrument.
» .AWE T.KRUSE
Commission# 1318697 WT]CNESS my hand and official seal. s
r rk Ory Public-Cauforn;a
Santa Clara County __
lad m. ,Aug 24,2005 <S
/I Signature of Notary Public
Ss — »
Optional Iri o rmation <
' Title or Type of Document: Subdivision Agreement-Right of Way Landscaping, �s
8686,Neijzhborhood 15
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Capacity Claimed by Signer: Assistant Vice Presidentaf Shapell Industries,Inc.
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DEPOSIT PERAW
_ .OFFICE OF CCItlN'tY AWtTCDR.CONTRCtLtfFt�
TO THE TREASURER: MARTINEZ,CALlFORNlA
RECEIVED FROM `.y
ORGANIZATION NUMBER "�`� •��-"
(For Cosh Cokction Procedures see County Admiruatrotur's Buiktin 101)
DESCRrTION FUND/ORG. � TASK 0"IC1N ACTIVITY AM0UNT
~r /l�'� GG' $
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�X ANATION:
TOTAL $ N, i
DEPOSIT !
.i
` —,/ Depalrt of the fdicwwtlg Itelrts
COIN CURRENCY $
CHECKS,MA,ETC. $:7T-
BANK
-BANK DEPOWS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE 433275 QCT 27"64
The amount of money domed abaft is for Tri a
deposit into the County'Treasux " 't of ami rtt is Receipt of abow amount is h**by
D"CoZtr Amdw Deputy County Treasurer
34 REV.(7-93)
0685-9752: G1140863, 465.00, Traffic Boypoint, First American
Title Co., 1355 Willow Way, Ste 100, Concord, Ca. 94520
828500.0800: G140863, $1,446.00, ECC, First American Title Co.,
1355 Willow Way, Ste 100, Concord, Co. 94520
828900-0800: 6140863, $6,622.00, ECTIA, First American Title
Co., 1355 Willow Way, Ste 100, Concord, Ca. 94520
819800-0800: 01158917, $3,100.00, Sub 8686-Cash Band, Shapell
Industries of Northern California, 100 N. Milpitas Blvd., Milpitas, Ca.
95035
0649-9665: G1158917, $17,600.00, Landscape Inspection, Shapely
Industries of Northern California, 100 N. Milpitas Blvd., Milpitas, Ca.
95035
0649-9665: 61158918, $500.00, Record of Land Survey RS 2953,
address @ Willow: Sequoia Ave, Walnut Creek, Ca. 94595, Eighty-
Eight willow LLC, 21 Arlene Lane, Walnut Creek, Ca. 94595
0649-9665: 01158919, $500.00, Record of Survey RS 2959, site:
1735 Via Lucia Way, Alamo, Ca. 94527, Gail Flander Jones, 1581 Las
Trampas Road, Alamo, Ca. 94507
0649-9665: 01158920, $500.00, Record of Survey RS 2955, Site:
2072 Walnut Blvd., Walnut Creek, Ca. 94597, Scott A. Whitacre,
2072 Walnut Blvd., Walnut Creek, Ca, 94597
0649-9665: G1158921, $1700.00, Sub 8747 Mapcheck Fee, Denova
Homes, Inc., 333 Civic Drive, Pleasant Hill, Ca. 94523 (925) 685-0110
#
COUNTY ``F CONTRA COSTA - GENEP t RECEIPT
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ORDER DUE
By:
(D57,REV 7189)
Subdivision: 8686 (N. 15)
Bond No.: 929 299 768
Prem-mum: $2,333.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RiGnT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping, and other related improvements in Subdivision 8686 as
specified in the Subdivision Agreement(Right of Way Landscaping),and to complete said work within the
time specified for completion in the Subdivision Agreement(Right of Way Landscaping),all in accordance
with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or
Parcel Map for said Subdivision.
2. OBLIGATION: Shapell Industries of Northern California,A Division of Shapell Industries,Inc.,as Principal,
and National Fire Insurance Company of Hartford, a corporation organized existing under the laws of the
State of CT,and authorized to transact surety business in California,as Surety,hereby jointly and severally
bind ourselves,our heirs,executors,administrators,successors,and assigns to the County of Contra Costa,
California to pay it:
A. Performance and Guarantee: Three Hundred Eleven Thousand Dollars ($ 311,000) for itself or
any city assignee under the above County Subdivision Agreement,plus
B. Payment: One Hundred Fifty Seven Thousand Fifty Dollars (S 157.050) 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 perform the covenants, conditions and provisions in the
said agreement and any alteration thereof made as therein provided, on is or its part,to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby
given to 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 October 4, 2004
Shaper. Industries of Northern California, a Division
of Shapell Industries, Inc. , a Delaware National Fire Insurance Company
PRINCIPAL: Corporation SURETY: of Hartford
Address: 100 N. Yllpitas Blvd.. Address: 5820 Canoga Ave. , Suite 200
City: Ml.lnitas, CA Zip: 95035 C Woodl d Hills, CAZip: 91367
Print Name > ` `�';�' �" Print Name: Pamela L. Stocks
Title: _X v ry Title; Attorney-in-Fact
By: --�
Printed Name and Title - `-
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
4n October 12,2004,before me,Janice T. Kruse,Notary Public personally appeared, ?�
J.C. Truebridge & Robert D. Moore 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 the entity upon behalf of which the persons acted, executed the
instrument. dh
JANz�
s �
#CE tRusl WITNESS my hand and official seal. 1
Commission# 1318Ci97(o 44� .
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Notary Public-Coutomio
$onto Clara Courtly
MyC+dmtn.iupk"Au924,2 �
%' Signature of Notary Public
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Optional linofim--a--tion
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Title or Type of Document: Itmovement Security Bond-929299768.Tract 8686, ?
Neighborhood 15
z Capacity Claimed by Signer: Assistant Vice Presiden# of Shapell Industries,Inc. S>
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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,AMERICAN CASUALTY COMPANY OF READING,
PENNSYLVANIA,a Pennsylvania corporation(herein collectively called'the CCC Surety Companies"), are duly organized and existing
corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals
herein affixed hereby make,constitute and appoint
Pamela L. Stacks, Beverly A. Hall, Sandra V.Banner,Individual{
of Sherman Oaks California
their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse
hereof,duly adopted, as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 7th day of January 2000
CONTINENTAL CASUALTY COMPANY
� r NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
_�' c�'�rr � ��► �uTFer
c1
SEALr �# JULY IV-
t ��y
1397 #
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,ss:
On this 7th day of January , 2000 ,before me personally came
Marvin J.Cashion,to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago, State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF 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 acknowledges same to be the act and deed of said corporations.
iiiii#iiiiiiiti♦#iii#i#ii#�
"OFFICIAL.SEAL," i
DME F'AULKI+fI=R i err:
%o wy PjAa,lot#4f 0M0nois
#• M/0ow*nsvI*n Solon O117101
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 still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force.in testimony whereof I have hereunto subscribed my name and affixed the seals of the
said corporations th€s 4th day of f3C'DOber 2004.
CONTINENTAL CASUALTY COMPANY
**0' _.1P
�+ f"8° NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
�yq�ppy AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
�o
JULYi,
SEAL
qQ stte7 #
(Rev.10l1197) Mary A. Ribikawskis Assistant Secretary
Authorizing ay-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of
Directors of the Company.
"Article IX--Execution of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
execution of policies of insurance,bonds,undertakings and other obligatory instruments of like.nature. Such attorneys-in-fact, subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the
President or any Executive,Senior or Group Vice President or the Board of Directors,may, at any time,revoke all power and authority
previously given to any attorney-in-fact."
This Power of Attorney is signed and 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, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seat of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the 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 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 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of
Directors of the Company.
"Article Vt—Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or
Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the
execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attomeys-in-fact, subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the 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 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article Vt 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 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-{n-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 seated by facsimile under and by the authority of the following Resolutionadopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED:That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal
of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of
Directors on February 17, 1593 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 seated, shall
with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation."
State of Calif- is
County of _ Los_Angeles
On October 4,2004 before me, dandy Manner- Notarv.pttblic
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(s) whose name(4 iskamoubscribed to the within instrument and acknowledged to me that
1A'she4kW executed the same in tdr/her/ tic authorized capacityom;� and that by Wherltft
signature(&) on the instrument the person($), or the entity upon behalf of which the person{so acted,
executed the instrument.
� WITNESSmy handan��l seal.
SANDY HANNEt
Commission#1362.757
t - Notary Public-Colifornla SIGNATIURE OF NOTARY
Los Angeles County
My Coram.Expires,tui 2,2006 fOPTIGNAI.
Though the data below is not required by taw, 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) {r.) LIMITED
GENERAL
{ } ATTORNEY-IN-FACT NUMBER OF PAGES
(v_)
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-107426-8