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HomeMy WebLinkAboutMINUTES - 12202005 - C15 TO.- BOARD OF SUPERVISORS FROM: MAUR.ICE M. SHIU, PUBLIC WORDS DIRECTOR DATE: December 20, 2005 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 04-08941,being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECO, MEND►ATION(S): ADOPT Resolution No. 2005/ for Subdivision 04-08941, approving the Final Map and Subdivision Agreement for project being developed by Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp., Danville area. (District III) FISCAL, IMPACT: None. BACKGROUND/REASONS FOR RECOMMENDATION(S Subdivision 04-08941 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval for recordation of the Final Map. CONSEQUENCES OF NEGATIVE ACTION. The Final Map and Subdivision Agreement will not be approved. Continued on Attachment: ° SIGNATURE: 4ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ---OPROVE OTHER T k�_X� Z4� SIGNATURES : ACTION OF BOA77N e2AAPPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct -SZ,. UNANIMOUS(ABSENT _) copy of an action taken and entered on the AYES: NOES: ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. Originator:Public Works(ES) EHrn�Contact: Teri Rie(313-2363) ATTESTED: � G:\GrpData\Engsvc\BO\2005\12-20\SD 04-48941 BO-21.docJOHN SWEETEN, Clerk of the Board Of cc: Public Works—T.Bell,Construction Current Planning,Community Development Supervisors and County Administrator T--October 20,2006 Shapell Homes 100 N.Milpitas Blvd. "\ Milpitas,CA 95035 ,> Attn:Sam Worden ` By , Deputy National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela L.Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 20, 2005,by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 04-08941, being developed by Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp., Danville area. (District III) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 04-08941, property located in the Danville area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Shapell Homes,a Division of Shapell Industries,Inc._, a Delaware Corp., principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within two years from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action Originator:Public Works(ES) taken and entered on the minutes of the Board of Supervisors Contact: Teri Rie(313-2363) EH:mi on the date shown. G:\GrpData\EngSvc\BO\2005\12-20\SD 04-08941 BO-21.doc cc: Public Works—T.Bell,Construction Current Planning,Community Development T—October 20,2006 ATTESTED: 21 Shapell Homes 100 N.Milpitas Blvd. JOHN SWEETEN, dlerk dthe Board of Supervisors and Milpitas,CA 95035 Attn:Sam Worden County Administrator National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela L.Stocks ''� Deputy RESOLUTION NO.2005/ SUBJECT,* Approving the Final Map and Subdivision Agreement for Subdivision 0408941, being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp.,Danville area. (District 111) DATE: December 20, 2005 PAGE: 2 A. Cash Bond Performance amount: $5,100.00 Auditor's Deposit Permit No. 452271 Date: October 4., 2005 Submitted by: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. Tax ID Number: 95-2578030 B. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number: 929270280 Date: September 15, 2005 Performance Amount: $507,200.00 Labor&Materials Amount: $256,150.00 Principal: Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp. Ill. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2005-2006 tax lien has been paid in full and the supplemental tax lien, is estimated to be $0.00. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. 9004el`t116 C5 001ill 1/ISION AGREEMENT (Gov.Code,§§66462 and 66463) -�- Subdivision: SUB 04-08941 Effective Date: �--� 0.57 to, Subdivider. Shap a 1_1 Homes, a Division O f Completion Period: ,_e,.�rl2 s THESE SIGNATURES ATTEST TO THE PARTIES AGREEMENT HERETO: Sha��ppell Industries , Inc. , a Delaware Corte. CONTRI�`COSTA COUNTY SUB Maudce.M. ubl'EftwDireclor r (� D By: Print Name ' tA RECOMMENDED FOR APPROVAL: Print Title r—Vip By: Priv Name Engineering Services Division V t Tale FORM APPROVED: Silvan B.Marchesi, ounty CounselN(„Q7E:All sonatures must be acknowiedg .if Subdivider is incorporated,the contract must be signed by two oil rs.The first signature must be that of the chairman of the board,president,or vice-president;the second signature must be that of the secretary, assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of California } County of ) ss. ) Apk- On the date written below,before me,the undersigned Notary PubllG,personally appeared the p (s)signing above for .personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislheritheir authorized capac:ity(les),and that by hislherltheir signatures)on the instrument the persons},or the entity upon behalf of which the person(s)acted, executed the instrument WITNESS my hand and offld#al seal. Dated: Notary Public (Notary Seal) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter"County")and the above-mentioned Subdivider mutually promise and agree as follows conceming this Subdivision. 2. IMPROVEMENTS.Subdivider agrees to install certain road improvements(both public and private),dralnege 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,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto (hereinafter"Ordinance Code"). Subdivider shall complete said Improvements thereinafter`Work")within the above completion period from data hereof,as required by the Califomia Subdivision Map Act(Gov. Code,§§66410 et seq.)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder,and where there is a conflict among the improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENTS SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 52 10 0.0 Qash,plus additional securitf,kf the amount of$5 0 7, 200's;Michth9 ether total one hundred percent(1001%)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 cr+eedit. With this security,Subdivlderguarantees performance underthis Agreement and maintenance of the Work forone year after its completion and acceptance againstany defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount:$2 5 6 v l 5 0.0 Q which is fifty percent(500k)of the estimated cost of the Work.Such security is presented in the form of Cash,certified check,or cashier's check x Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit. [Rev.91031 Page 1 of 2 Subdivider.With this security,Subdivider guarantees payment to the contractor,to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Upon acceptance of the Work as complete by the Board of Supervisois and upon request of Subdivider,the amounts held as security may be reduced in accordance with Sections 94-4.406 and 94-4.408 of the Orddinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Cotte.Subdivider agrees to correct,repair,or replace,at Subdividers expense,any defects in said Work. The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK.Subdivider agrees to perform plant establishmentwork 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 en sure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the Work as complete. 6. IMPROVEMENT PLAN WARRANTY.Subdivider warrants the improvement plans for the Work are adequate to accomplish the Work as promised in Section 2 and as required by the Conditions of Approval 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 the 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 its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY.-Subdivider shall defend,hold harmless and indemnify the indemnitees from the liabilities as defined In this section: A. The indemnitees benefitted and protected by this promise are the County and its special districts,elective and appointive boards,commissions,officers,agents and employees. B. The liabilities,protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable It any time before County reviewed said Improvement plans or accepted the Work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actlons causing liati litylite are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them. D. Non-Conditions.The promise and agreement in this section are notconditioned ordependent on whetheror not any indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connecttion with this Work or Subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any indemnitee. 9. COSTS. Subdivider shall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing utilities required thereby;inspections;material checks and tests;and other costs incurred by County staff arising from or related to the Work,and prior to acceptance of the Work as complete or expiration of any-applicable warranty periods, whichever is later. ' 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS.if Subdivider fails to complete the Work within the time specified in this Agreement;and subsequent extensions,or falls to maintain the Work,County may proceed to complete and/or maintaln the Work by contract or otherwise and Subdivider agrees to pay all costs and charges incurred by County(including,but not limited to,engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action Is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs Incurred by County,even if Subdivider subsequently completes the Work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the Work,Subdivider agrees to pay all attorney's fees, staff costs and all other expenses of litigation Incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the Work. 12. INCORPORATION/ANNEIf,before the Board of Supervisors accepts the Work as complete,the Subdivision is included in territory incorporated as a city or is annexed g city,except as provided in this paragraph,County's rights under this Agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new to an existing. . . . . . .. . . . or annexing city.Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted with the city originally.The provisions of paragraph 8(Indemnity)shall continue to apply in favor of the indemnitees listed in paragraph 8.A.upon any such incorporation or annexation. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the final map or parcel map for said Subdivision. 14. RIGHT OF ENTRY.Subdivider hereby consents to entry onto the Subdivision property,and onto any other property overwhich Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvement plans,by County and its forces,including contractors,for the purpose of inspection,and,in the event of non-performance of this Agreement by Subdivider,completion and/or maintenance of the Work. Form Approved by County Counsel [Rev.9/031 MFinaRPWILW`-SubAg mt.9.03.wpd Page 2 of 2 ,.-."he..wn awom wn uwunnwN MSNkJWM;owFAWMIRWdPWNgPAFfmGNNIBkd!.4tlN,N49... 9 ... -_._ CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On September 19,2005,before me,Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. JMICE I KRUSE WITNESS my hand and official seal. commission#1597428 Mr Notary Public-California Santo Clara County My Comm.Expifes Aug 24,2 Si ature of Notary Public Optional Information Title or Type of Document: Subdivision Agreement Sub 04-08941 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shavell Industrie r C- O a� !3 i� 0 y + ©tet O •• � � Q i 5-;oa t1G CS CO -Va �,o v = to o uz �-? tf) CO`c� r {u��G (P a G L,►� ul u tea, a N 4 °�,�, � �v os .� to a� zna� o Q s } c(� N N ) i -tt IL � � ; �� tom,.-,•`..- it no low- Z Z 1 cn a rQ; I vo 61. 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Bond No.: 929 270 280 Premium $3,804s00 IMPROVE,ME NT SECURITY BOND Ala no Creek OR SUBDIVISION AGREE ME NT Tracts 8941 / 1B (Performance, Guarantee and Payment) (California Government Code§§ 66499-66499.10) RwITAL OF SUBDIVISION AGS E I ; The developer(principal)has executed a subdivision agreement with the County of Contra Coda to install . d pay for street, drainage andother improvements i . Subdivision 04-08941 as specified in the subdivision agreement and to complete saidwork within the time o specified `or completion in the subdivision a r ement,all in accordanwilth State and local laws and rulings thereunder *In order to satisfy conditions for filing of a final map or parcel map foi-said su envision. 0BIGA"ION: 81�. ll. Homes Division of 1� yell Industries ��� . ► laware or�. � principal and National Fire Insurance gE,]panv of Dartford ta corporation tion organized and existing under the laws of the Mate of CIC and authorized to transactsurety business in California,, as surety, hereby Jointly and sev'erally bind ourse'lves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pays follows A; Performance d.Guarantee. live Hundred Seven.Thousand T o Hundred and 00/100 Dollars 507,200.00 for Contra Cost.County or any city assignee under the above County Subdivision Agreement. , Payment: Two Hundred Fifty-Six, Thousand One Hundred d Fi 't and 00/100 l olliu ($ 2562,150.00 to secure the claims to which reference is mads iii Title XV . (commencing with Section 3082) of Part 4 of- Division III of the Civil Code of the State o alifiom . 3* CONDITIOM The Condition oft is obligation as to Section(2.A.),rabove is such that.ifthe above bonded principal., or,principal's heirs,executors,administrators,,successors or assigns.,,shall in all.thintan to and. abide y and well an trulykeel)and perform the covenants,,conditions ndp ro isionsIn the said agreement and any alteration thereof made as therein provided,,ed, on it or Its part, to be kept and. performed at the time n i the manner therein specified and in all respects according to their true intent and meaning nd shall indemn-iffy 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 oft e obl.i ration secured hereby and in additio.n.to the face Amount speci fied therefore,there. shall be included reasonable costs,expenses and fees,i ludin reasonable le ttom 's fices,inc rred by the County of Contra Costs or city assignee)in successfully enforcing such obligation,all to be teed as posts and itz lud d.in any i r d ement.rendered. Bo 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 mid other persons employed in the performance of the aforesaid subdivision. agreement and ref-erred to in the aforesaid Civil Code, -f-or materials furnished,labor of any kind,or for aniounts due under the Unemployment Insurance Act with respect, 'to such work or labor and that said surety will lay the same in an arnount not exceeding the amount herein above set forth and also, in.case suit is brought upon this bond, will pay,in addition tothe fact amount thereof, reasonable costs, expenses and fees, inclUding reasonable attorney's fees, incurred by the County of Contra Costa or city assignee)in succemss.ftilly enforcing such obligation, to bo awarded and fixed by the court, all. to be taxed as costs and to be.included in the Judgement therein rendered. It is h-.er&by 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(com, mencing with Section 3082)of Part 4 of Division 3 ofthe Civil Code,so as to give a right of action to them or their assigns I bond. in any,su*t brought upon.this Should-the work under conditions of this bond be fully perfo-nii'ed,then this obligation shall becon-le mill and voiotherwise 1 *.t shallma be and re *'n`nfufl force and effect. d; CO No alteration of said subdivision.agreement or any plan or specification of said work agreed,to by the principal and the County of Contra Costa(or city assignee)sliall relieve the sure ty from liability on this bond;and consent'is hereby gi ven to make such alteration w ithout ftirther notice to or consent bthe suretyand the su et),hereby-waives the provisions of California Civil Code Section 2819 and y , r holds'Itself bound wl*thout regard to and.indopendently of any action againstthe principal-whenever taken. SIGNED AND SEALED on September 15 2005 Shapell Homs, A Division of Shapell Industries, - Inc. , A National Fire Insurance PRINCIPAL* Delaware Corp. SUREY: CcWany of Hartford T Address: 100....N. Milpitas Blvd.,-, Address: 2355 E. Can-elback-lRoad,L-Suite 500 �U, city. I'aLveym CA 95035 AZ city: Zip: By: By: Paola L. Stocks Print Naine: ----------- Print N'amel. 1"itle: 'i Title: Attorney-in-Fact By Printed Narne and Title ej\, JDx w1ap WORIMN-12.doc L POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Kno'w All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 21 st day of March,2005. s_ 0.0 Continental Casualty Company J National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania 2 MY 31* SM Michael Gengler it Sen7r Vice President State of Illinois,County of Cook,ss: On this 21 st day of March,2005,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL ow VJZA PRICE wT*M RM=ITAU OF KUM= 11M WC00*A*WMV0%V*-VW1 [-------------------------400 00011" - V My Commission Expires September 17,2005 Eliza Pri Price Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 15th day of September 20.05 try %1AS Continental Casualty Company National Fire Insurance Company of Hartford GORPORATZ American Casualty Company of Reading,Pennsylvania ?c MY 3I. SEAL Mary A.Rikaiakis Assistant Secretary Form F6853-11/2001 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`h 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 seat shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shalt,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 V1--Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17`h day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of California ooftwx- ma-No 1%0.1-- County of Los AnEeles Sandy Hasner- Notary Public On September 15, 2005. before me. Oate NAME. TITLE OF OFFICER.,'JANE OOE. NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S) OF SIGNER($) x ) personally known to me — OR — proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islwo subscribed to the within Instrument and acknowledged to me that he/she/%ft executed the same in Us/her/ftk authorized capacity0se), and that by hWher/#*# signature(s) on the 'instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. ,do, Alk ML AL� sANDy,HANNER hand WITNESS y d and offt I seal. ;y(y h a r Commission#1362157 s� ,; Notary Public-California • FE OF NOTARY Los Angeles county NAS Jul-2 2096 My Comtp.Expires I OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ..._.} CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED GENERAL NUMBER OF PAGES ArrORNEY-IN-FACT USTEE(S)CO NSERVATOR {_wrw...} OTHER DATE OF DOCUMENT -as W SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Nalinaal-Eim 113surangg Comugny-gf-Hartford SIGNER(S) OTHER THAN NAMED ASOVE (3-107426-IB 23200 011/17/05 FATCO $27 8941 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.0.Box 631 /� Russell V.Watts Martinez California 94553- V sta Chief e Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell {925}646-4135 FAX Tax Operations Supervisor 1. }1ww Date: 1111712005 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2005, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract 1 MS# city T.R.A. 8941 DANVILLE 66089 Parcel#: 206-030-023-9 206-030-426-2 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the map. The 2905-2906 tax lien has been paid in full. Our estimate of the supplemental tax lien is $0.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is . Subdivision bond must be presented to the county Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax Collector, • ! DEPOSIT-.PER-MIT t SCE OF COUNTY AWROR-CONTROLLER MAR`f NEZ,CALIFORNIA TO THE TkA URER: ._ f REC ED'F ORGANIZATION NUMBER Cash Collection Procedures see County Administmrfor's`Bulletin 105.) DESCRIPTION FUND/ORG. SUB`' TASK OPTION ACTIVITY AMOUNT :- ACCT. -.4 X' • x Qk..Adl osgb 0.17 rf"L. E-1 r «Vii,.' L"L .-Ple'f jj-'j jr 4--L'4 Zia z)o. T) 14 6r F 0 ' r a « a).�- j;-'j.jjj''&-r I -L I 'F :1 A, I It I I I I I I I I ATX. � •� l r. At) r 1. �3-1--f V t ..,je, .0 q AIA" 2. , . E LANATION TOTAL � A 9- -T�LJr7 IV"2-f ..•.. DEPOSIT f. p Deposit consists of the following items nd ' � CURRENCY $ � 4 Y f ,. EC M.O ETC. tJfy - 9-7 i""�VO t'.....f*# .r� r + f ...I+ ,r� NIT �-�<K DEPOST.M. FOR AUDITOR-ZONTROi LER USE ON Y DEPOSIT PERMI?' NUMBE . DATE 452'271 li- ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit<inta'the County Treasury. acknowledged. •s• ec•r1,7; � �I ai : r ' Z�x-/ w ... Date— Si afie r t L)n-' aSagne►d: , , SiLl q, gned' - Ti � EXT. D+ pu#y County Auto .:`. pep,uty tounfiy`Treasurer k D-34 REV:(7-9t,... � r .. 3A COUNTY OF CONTRA COSTA PERMIT DEPOSIT, ICE OF COUNTY sAUDITOR-CONTROLLER - � � '_�' MARTINEZ,CALIFC�Rl�IIA TO THE.Tk.6.kSURER: � w REC--T1� • ��JL ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND,/�JRG. SUB. TASK tPTlt�h�i ACTIVITY SUNT ACCT. .yr•µ � y'�� k- L) •' Y _,s,,, ♦ {t moi. �y (Y. f�' �S ',yjf�J� q k�n� Zf :-?o' I lap I I I ti• � � ttx. •r,�* Me" ttr�'. �� .:t � � ' ,:.., '.• SNA. 1,�lb Y Aj i jjjr . � y r �� • , . t w, '•r"'i t C �' alb i ?56 1, k*;4, ,r, I li�l I I I I 1 1. 'T . �j Aj 1 t' f- - 1. a . ?5;} ., �• { J, 7 Af log I I I I I I I I 'I V I I t I I I I I I � �. . Pei EXPLANATION. TOTAL $ !. DEPOSIT i Deposit consists of the followingifirm i CON and CI �� • CHECKS,h.a.,ETC. NK c POSITS FOR AUDITOR WCONTROLLER USE ONLY DEf'C SIT i -PER--MIT DP NUMBE DATE y ASSIGNED The arinount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknced ed. ; . Sig Signed: Signed: - Tide. :..� "` EXT. l-�f- Deputy County Auditor Deputy County Treasurer D-34 REV.(7-93) V.• L+ Uv OL Its , _ C) 0 Pd-U� s. 49+ 43 Lv t .-e I tc)1 tj .too 0 is r ')J 5 f t _j 41 t 0 1 s� ca�� 1 " ` .. � -�o ' 005 ,� -,r.•�-tr t 4 a : -► l j w kill 1 6 t 6 j 5 l 2 00 3 <A 0649-9665 / 112300: G1189923, $1.,100.00, Map & Legal Description Review LAFCO 05-18, 6L088L, Jonathan S. Drogin, 2435 California St., Berkeley, CA 94703 0649-9665 / 112300: G1189927, $3,800.00,sub 8828, Major Subdivision Map Check Fee, Hofmann Land Development Company, 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1189916, $22,700.00, Sub 99-08381, Cash Bond, Shapell Homes, A Division of Shapell Industries, Inc. 100 North Milpitas Blvd., Milpitas, CA 95035 819800-0800: GI1899181 $5,I00.00, Sub 04-08941, Cash Bond, Shapetl Homes, A Division of Shapell Industries, Inc. 100 North Milpitas Blvd., Milpitas,, CA 95035 819800-0800: G1189920, $20,200.00, RA 04-01160, Cash Bond, Shapell Homes, A Division of Shapell Industries, Inc. 100 North Milpitas Blvd., Milpitas, CA 95035 0648-9140 / 112200: 61189983; $149.68, BW DA 30C Reg Fee, City of Brentwood, 708 Third St., Brentwood, CA 94513 0649-9665 / 112300: 61189906, $1,400.00, Flood Control Permit 625-05, Stephens Property Management, 1655 North Main St., Suite 250, Walnut Creek, CA 94596 0649-9665 / 112300: 61189909, $500.00, RS 3033, Record of Survey Deposit, DeBolt Civil Engineering,, 811 San Ramon Valley Blvd., Danville, CA 94526 0649-9665 / 112300: G1189910, $500.00, RS 3035, Record of Survey Deposit, , DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, CA 94526 0649-9665 / 112300: G1189911, $500.00, RS 3036, Record of Survey Deposit, Mario & Dinia Navea, 232 Iris Rd., Hercules, CA 94547 0649-9665 / 112300: G1189912, $500.00, RS 3037, Record of Survey Deposit, Francisco & Catherine Grace Alejo, 11 North Ln., Orinda, CA 94563- 2204 0649-9665 / 112300: G1189917, Sub 99-08381, Shapell Homes, A Division of Shapell Industries, Inc. 100 North Milpitas Blvd., Milpitas, CA 95035 $38,717.97, Major Sub Plan Review $80.000.00, Major Sub Inspection Fee 0649-9665 / 112300: G1189919, $26,600.00, Sub 04-08941, Major Sub Inspection Fee, Shapely Homes, A Division of Shapell Industries, Inc. 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: 61189921, RA 04-1160, Shapell Homes, A Division of Shapell Industries, Inc. 100 North Milpitas Blvd., Milpitas, CA 95035 $8,400.30, Road Acceptance Review $94,200.00,, Road Acceptance Inspection 0649-9665 / 112300: 611899221 $500.00, T8914, Major Sub Map Check Fee, Shapell Homes, A Division of Shapell Industries, Inc. 100 North Milpitas Blvd., Milpitas.. CA 95035