HomeMy WebLinkAboutMINUTES - 12202005 - C7 TO: BOARD OF SUPERVISORS
FROM: M..A.UR.ICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: December 20, 2005
SUBJECT: Approving the Road Irnprovem.ent Agreement for Camino Tassaj ara Road Widening, PA 04-
0115 8 (cross-reference Subdivision 99-083 81), being developed by Shapell Industries of
Northern California, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area.
(District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
ADOPT Resolution No. 2005/,"MUfor RA 04-01158 (cross-reference Subdivision 99-08381), approving the
Road Improvement Agreement for Camino Tassaj ara Road Widening, for project being developed by Shapell
Industries of Northern California, a Division of Shapell Industries,Inc., a Delaware Corp.,Danville area. (District
III)
FISCAL IMPACT:
None.
BACKGROUND/REASONS FOR RECOMMENDATIONLS
The Road Improvement Agreement,RA 04-01158(cross-reference Subdivision 99-083 81)has been reviewed and
processed by Public Works staff and meets all applicable conditions of approval regarding road improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Road Agreement will not be approved and road improvements will not be completed.
Continued on Attachment: SIGNATURE:
COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_,; -APPROVE �OTHER
SIGNATURES ;
Z 41-A
ACTION OF BOV ON APPROVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct
V TE OF SUPERVISORS copy of an action taken and entered on the
UNANIMOUS(ABSENT } minutes of the Board of Supervisors on the
NOES.
AYES; p
ABSENT; ABSTAIN; date shown.
Originator: Public Works(ES)
Contact: Teri Rie(313-2363) ATTESTED: ►
EH:nn
G:\GrpData\EngSvc\BO\2005\12-20\RA 04-01158 BO-15.doc JOHN SWEEAT--;,(Cled of the Board of
cc: Public Works-T.Bell,Construction
Current Planning,Community Development Supervisors and County Administrator
T—October 20,2006
Shapell Industries
100 N.Milpitas Blvd.
Milpitas,CA 95035
Atte:S.Warden
National Fire Insurance Company of Hartford By eputy
5820 Canoga Avenue,Suite 200
Woodland Hills,CA 91367
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,Piephog DeSaulnier,Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN.- None
RESOLUTION NO, 2005/ -
SUBJECT: Approving the Road Improvement Agreement for Camino Tassajara Road Widening,
RA 04-01158 (cross-reference Subdivision 99-083 81),being developed by Shapell
Industries of Northern California,, a Division of Shapell Industries,Inc., a Delaware
Corp., Danville area. (District 1111)
The following document was presented for Board approval for Camino Tassajara Road
Widening, road acceptance file RA 04-01158 (cross-reference Subdivision 99-08381) property
located in the Danville area, Supervisorial District III.
A Road Improvement Agreement with Shapell Industries of Northern California,a Division
of Shapell Industries,Inc.,a Delaware Corp.,principal,whereby said principal agrees to complete all
improvements, as required in said road improvement agreement, within one year from the date of
said agreement.Improvements generally consist of road widening improvements,new storm drains,
medians, and overlay work.
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:
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an action
Contact: Teri Rie(313-2363) taken and entered on the minutes of the Board of Supervisors
EH:rm
G:\GrpData\EngSvc\130\2005\12-20\RA 04-01158 BO-15.doc on the date shown.
cc: Public Works-T.Bell,Construction
Current Planning,Community Development
T—October 20,2006 ATTESTED:
Shapell Industries -- 12
100 N.Milpitas Blvd. JOHN SWEETEN, Jerk A the Board of Supervisors and
Milpitas,CA 95035
Attn:S.Worden County Administrator
National Fire Insurance Company of Hartford
5820 Canoga Avenue,Suite 200
Woodland Hills,CA 91367
Attn:Pamela L.Stocks
'eyo.--
Deputy
RESOLUTION NO.2005/'0'0A1(9
Bond No.: 929 299 764
Development: RA 1158 (Cross Ref. SUB 8381)
Prexr $28 un� 1.98.00 Alamo Greer.
#
Camino-Tassaj ara
IMPROVEMENT SECURITY BOND
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
improvements on, or along RA 1158 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: Sha ell Industries of Northern California a Division of Sha ell Industries Inc.
a Delaware Corp. , as Principal and National Fire Insurance Gormany of Hart f rdorporation
organized under the laws of the State of , and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors and assigns to the County of Contra Costa, California to pay as follows:
A. Performance: Three Million Seven Hundred Fifty Nine Thousand Seven Hundred Twent
and 001100 Dollars ( 397599720,00 )
$ for itself or any city assignee under the
above County Road Improvement Agreement, plus
B. Payment: One Million Eight Hundred Ninety Eight Thousand Eight Hundred Fifty and
001100 Dollars ($ 198989850.00 )to secure the claims to which reference is made
in Title 15 §§ et seq. of the Civil Code of the State of California.
3, CONDITION:
A. The Condition of this obligation as to Section (2.A.) above is such that if the above bonded
Principal, 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 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.
T
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa or city assignee, in successfully enforcing such obligation, all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.8.) 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 bind,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 fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly p ex ressl 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 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 work agreed
to b the Principal and the Count shall relieve the Surety from liability on this bond and consent is
Y p Y
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 SeDterber 23.. 200.4 •
Shanell Industries of northern California,
A Division of Shaper. Industries, Ince, rational Fire Insurance C�an3�
PRINCIPAL: a Delaware Corp. SURETY: of Hartford
Address: 10 0 N. r�..1p�.tas Blvd. Address: 5820 Canoga Avenue Suite 200
.
Citi.lpitas, CA 95035 City• l �i11s 91367
Y•
At
By. Y•
....,� V � /. � LF Print Name: Pamela L. Stocks Attorney--in--Fact
Print Name: f /
• - --7Title: Attorney-in-Fact
Trtle.. t1p -in-Fact�'
By: JA
edz A- a VV
7T*tle*
GAGrpData\EngSvc\Fomis\BN WORMBN-9.doc
�.'3}#f?`'',.•,.`:, 4y' r'`'yy#3}.#t.,ff•S� y'.�iJ:
OWN
r5rss.#r�+iih.>�3J5:•r>si','f:.ri.,•,f:•s..:5353.'S:'s
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On September 24, 2004, before me,Janice T. Kruse,Notary Public personally
appeared, J.C. Truebridge& Ken Cox personally known to me to be the persons whose
names are subscribed to the within 'Instrument and acknowledged to me that they
executed the same in their authorized capacity, and that by their signature on the
instrument the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
JANICE t KRUSE WITNESS my hand and official seal.
Commission# 1318697
Notary Public-California
Santa Clara County
My Cmm-Expires Aug 24,2W5 Si, ature of Notary Public
Optional anon
Title or Type of Document: Improvement Bond-Road ImRrovement RA1 158
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shavell Industries,Inc.,
t
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FA T
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 Stocks,Beverly A all, Sandra V. Hanner, Individually
of Sherman Oaks,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 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
G � 15 CONTINENTAL CASUALTY COMPANY
,��1► ��. �Qtc, '�V�,FLd NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
COOP
�, AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA' owtr� a, � a., `�oRPoagT�a
Z i •
.� � a �
os �, JULY 31,
SEAL �.�
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.
♦ "OFFICIAL SEAL." •
DIANE FAUU(NER
rv%f% y Public. sty of Uli�ols4,.;70 Vail
o M1/CO"Wvssim Esc m 9117101 i
My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
I,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 this 23rd day of Sevterber 2004..
CONTINENTAL CASUALTY COMPANY
-G �rj,. EAS S�R4 �00�� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
o
i JULY 31.
U SEAL Y '. • ;�
1897
Mary A. Ribikawskis Assistant Secretary
(Rev.10/l/97)
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-i n-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 attorn eys-i n-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 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 3 of Article IX of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is
attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article VI--Execution of Obligations and Appointment of Attorney4n-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 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 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
County of Los Anqeles
On September 23,2004 before me, Sandy Hanner.- Notary-Public
Date NAME, TITLE OF OFFICER., "JANE DOE, NOTARY PUBLIC"
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
—x ) personally known to me – OR – (.) proved to me on the basis of satisfactory evidence to be
the person(a) whose name(#iskaimsubscribed to the within instrument and acknowledged to me that
Wshe/itm executed the same in bdr/her/SwX authorized capacity0w* and that by PWher[#M
signature(s) on the instrument the person(&), or the entity upon behalf of which the person(o acted,
executed the instrument.
WITNES my hand an ficial seal.
SAND HANNA
Commission#1362.1,51'
SIGNATuRE OF NOTARY
Notary Public-Califomis
► Los Angel6s County
My Comm.Expires Jul 2,29�W[ 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
(YY.Yr.YrYIY.� GENERAL
NUMBER OF PAGES
(_._...} ATTORNEY-IN-FACT
(wI.Y+.wYrrl� TRUSTEE(S)
GUARDIAN/CONSERVATOR
(M.rl.r 1 OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING*
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company
V;:
of Hartford SIGNER(S) OTHER THAN'NAMED ABO.E
G-107426-8
NOTICE
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing t1-11S
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 (collectiv&y the "Writing Companies") as surety
or insurer: Western Surety Company, Universal Surety of America, Surety Banding
Company of erica, Continental Casualty Company, National Fire Insurance
Company of Hartford,American Casualty Company of Reading, PA, The Firdmen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
DISCLOSURE OF PREMIUM
The premium a'ttributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
DISCLOSURE QF-FEDERAL PARUCIP—A—TION IN NT.OF-TERRORIS
L SSFS
The United States will pay ninety percent (00°'x) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Form F7310
CNASURETY RA-1158,SUB 8381,Alamo Creek, Camino-Tassajara
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 929 299 764 issued by the
National Fire Insurance Company of Hartford as
Surety-,on behalf of Shap
,gll.Industries of Northern California,_a Division of Shapell Industries, Inc.,a Delaware Corp
of
,Milpitas, CA hereinafter referred
to as the Principal, and in favor of County of Contra Costa
of Martinez, CA hereinafter
referred to as the Obligee, effective the 23rd day of September 2004
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 27th day of April . 2005 ., and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby _**i.NCREASED** from the sum of
Three Million Seven Hundred Fifty Nine Thousand Seven Hundred Twenty No/1 00** (Performance) $3,759,720.00**
One Million Eight Hundred Ninety Eight Thousand Eight Hundred Fifty No/100**(Payment) -_ Dollars($ to the
Four Million Three Hundred Four Thousand Two Hundred No/1 00** (Performance) $ 41304,200.00**
SUM of Two Million One Hundred Seventy Three Thousand Eight Hundred Fifty No/1 00**_.- Dollars($ 2.173-850.00**
payment)
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the
attached bond, the aggregate liability of the Surety for any loss occurring F*rior to said date shall not exceed the
Three Million Seven Hundred Fifty Nine Thousand Seven Hundred Twenty No/1 0 (Performance)$ 3v759,720.00**
SUM of One Million Eight Hundred Ninety Eight Thousand Eight Hundred Fifty No/100**(Payment-) Dollars($_1,898,850.00**
or for any loss occurring to said date shall not exceed the sum of
Four Million Three Hundred our Thousand Two Hundred No/1 00** (Performance) $4,3041200.00**
Two Million One Hundred Seventy Three Thousand Eight Hundred Fifty No/1 00**(Payment) Dollars($ 2,1173,850.00**
In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it
being the intent hereof to preclude cumulative liability.
SIGNED, SEALED AND DATED this 19th day of Ma 2005
Accepted By: Shapell Industries of Northern California, a Division
County of Cr\ontr Costa of Shapell Industries, Inc.,a Delaware Corp.
11Y rincipal)
By X By Co (Seal)
By (Seal)
Natio I nal 00 F�ir7e7lNurance Company of Hartford
Form F4763
(Seal)
Pamela L. Stocks Attorney-.ire-Fact
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 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 Manner,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 on and all the
y as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
acts of said Attomey,'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.
GAS 40 Continental Casualty Company
National Fire Insurance Company of Hartford
GOAPORAZZ 0- American Casualty Company of Reading,Pennsylvania
JULY 31,
SEAL 02
dot4d / 0
1897 F
Michael Gengler Sen?'r 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 •
SUZA F"CE
NOTAM"M=WAXI CO UN
My Commission Expires September 17,2005 Eliza Pnce Notary Public
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the
Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations
printed on 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
19th _day of May -2005 —.
AS Continental Casualty Company
4 National Fire Insurance Company of Hartford
r,OAPORAre
American Casualty Company of Reading,Pennsylvania
JULY 3 1.
SEAL
189?
Mary A.Rikaiokis Assistant Secretary
Form F6853-11/2001
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 Firdmen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
DISCM)SLME OF PRE jdIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
DISCLQSURE-OF-- EDERAL-PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The United States will pay ninety percent (90°,/x) of covered terrorism losses exceeding
the applicable surety/insurer deductible,
Form F7310
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLE.0
MARTINEZ,CALIFORNIA j d ,
TO THE TREA ER. �,„:,�...• � �j,r
RECEIVEROM .
ORGANIZATION NUMBER � -
.... ; (Organimtion) �
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB.-ACCT. TASK OPTION ACTIVITY AMOUNT
•
$ I .
` .y.. ,•r � !r i t � r�; /'f 'ti'`^l���4 f�'�;� ��
I I I I I I 1
01,
t I I I
0oll
1_1 CIS"I LIT 1-1/ 1 1 1 1 1 1
z�,;,.?5
• ref '.•.� �� J
tqi �-47 10k__1 ple�,i 0 is I I I I I I I I I I I I
,or
Tip j
e Ir I Lot)., r,.
r
17
Vt q I
4Vi 7e7 ez�
ii r.#f :1 pp J• per-� Ci' �j� 1 .r••• 1 lY.�f"'. A'''y "'} I :'~
i
0
J1 U, 7-t I I. I I I I I
A W^i4'
5.1
;Ijo/ P1
i
rA
F7 I IV
I IQ I
E),PLANATION: .- _ _ TOTAL $ I
—7 f b(* 7 ,,,:, .._ ,? _ `.r DEPOSIT &r,�D
Deposit consists of the following items
COIN and CURRENCY
CHECKS,M.O.,ETC. „
_ BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
, J �'�f, 'a t l � ��.. ..:� ,�°.''ate�, 7 .rte` •��
- DEPOSIT
f ,. PERMIT DP
,, s NUMBER
w # "�2
4 E "'r-g- �
DATE
Li
ASSIGNED, f./
- `..
The amount of money described above is for Treasu eipt of a ve !unt is approved. Receipt of above amount is.hereby
deposit into the County Treasury. acknowledged.
+f f Vie,.-�! a ,� r �• +r'f•. �
Signe ;,. _ Date
Signed: Signed:
Title r
t ,� EXT. ., __ Deputy.County Auditor puty County Treasurer
D-34 REV.(7-93)
t r
r{
P
f * , ..I {
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASL�' ER: MARTINEZ,CALIFORNIA
RE r~--
f FROM
M
RECEIVED 1 '
ez—
ORGANIZATION NUMBER --'
(OrganWm ion)
J
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
SUB,-
DESCRIPTION FUND/ORG. CCT.
ACCTASK OPTION ACTIVITY AMOUNT
7,
iff
711/7
0. A 7/3,
/A
T)p -I Lj A w, k`7
13
do
3
a •►'~` s ��, ! lJ 1./4j,,.F/ D'-w 1
75 4
6C
r
I I I t I I I I I I
F, ,
i I
ri,� �' r
!J e00J 76
') :K
I
- i
i
i
1
. 1
EXPLANATION: TOTAL $ I
DEPOSIT. I
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC.
BANK DEPOS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT ,.
PERMIT ., t
NUMBER
• DATE ;...(! ? r)
<..,.
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury., acknowledged.
Sgt Date ..l
V
Signed: Signe •
;. � a. Deputy-County Auditor c'f . XT. ut
y County Treasu
D-34 REV.(7-93)
F
0649-9665 / 831000: G114O561 $11600.00,FMS O4-0007, Map Check Minor
Sub,M Central- LLC, 385 Pittsburg Ave, Richmond, CA 94801
0649-9665 / 831000: G114O581 $1,550.001 MS 04-0011, Minor Sub Parcel
Map Chcck, David F. Chase, 35 Baron View Ct., EI Sobrante, CA 94803-1722
0649-9665 / 831000: G114O5911 $78,720.001 RA 1158, Road Acce tance
p
Improvement Plan Review (civil) Deposit, Shapell Industries of No.
California, 100 N. Milpitas Blvd., Milpitas,itas, CA 95035
p
0649-9665 / 831000: G114O6O1 $174IF400.001 RA 1158, Road Acceptance
Inspection Deposit, , Shapell Industries of No. California, 100 N, Milpitas
Blvd., Milpitas, CA 950350
p . �
:8:1 :80O
9 0800 G114�0455,: $25;=150-:,00- R.A _:1158 Perf ormdnce Cash Bond;
ape� nusresof,,-No- ,
, N. Mi fpitas BlvdM..ii.p�:tas,;:-^CA:o,S r or �a100 Cal
..95035
�,'. s•SA 3i %, is .f;
'4 J!-. �•J.':.-' S�1 ,ACJ: f ti;
. } 0SC O. C 1140460 7,g O.00; RA 115:8 P rf orrn'ance -77�Caµ ; 4 Bond;
.•. ,. :. .�. + .- - � ..:. ... .�.J .� :- f. .�. :;.:J. ��:� �' �.;, t 1' !t),�
N-. �� V..N U.
r_.. -r....e. .. J � .v,.. t .. �<r .. ...� ...:.i <1f "t. J M
•i>• ,. + .,'�J'}a��: r J,d f f ,t�.i f' r-.Y♦ . ..:. :.t',.�, .,� : ��� -._.�:vf .��N��.�. Ca��f or�ia100 N. JIIl�� pr-ta Bev pit
v �:
"Aa 0 w4io I N 111 �*A o*I Kv 8 1 a A%�v m w fto m a,�jr,i
EP-04 SIT,
f;s;,-
�7_j
os�ff, 1,T
3FN CIE-101i FMMM.,WIF;Av
j(DI Um.701,N,
j7_
IQ�01""',`�--i-
M",
1A
r o
N RDT
M M,
.........
4;,-
_-s�"r.
a71
-�t.g,
0-
ug N
;4 K
2
O"i
---------------
..........
AN 01 WIN -
*,-�g gz-trFN -g-rig
gg-
;g
-"I",:M 4�
vka_N,:w Wa
4i
.4-v
_4 T-z"
5E,
Y_
7�
IN.
t
�M
In 2-
Eti�
ftayl,ty"gy�Ivoi�I-
-4
MvIA1,
A
a
5,
V�N
N
2�
Ale,
Sj
NN
42`1
lb
..........
I-W -p-
,el
x gn gi'p
u
A
77t;
F
g,
ir; �?-W"11 r-,WM ttAl
n"
L p"
001
... ........
Qt
--E
,Ot,
M7
'-A-,.4 !r3
%X
trv.� A
01 ti
2,10 'IV
'F5
P.RK N
r�gv t.
g
11111151`�` N
t
"I t
7"', ;�7,7 -t4f-
15A. 'K
W
a-A
M. on,sift r�x. cwfflr�x� M,S-��', ......
sitm te
Sep f 44
C JR Y
�71 14
-011 s" 'd -0
REN'CC;
M.
'M
:;J�
HE U K Oft, JkETI
t6Y
A,
n�qg JIWA KID 91
IEP
USEOCIN,
T;R U-SWA
D R
-2MORA&I-13 IT01 UY.;
z e
Z.,
i T.
MERM
UM
IN
0,
DAN,E
D
-7
IGNE
tj
p
"I b n
JO b
'N f b"',
alp a -".Ae ove; ounti
M- ou f e-�.tiz masurer ece A ovemmoun Ais,
mic
M
MIA W."I, a
�4aCMOW ge
'hi
A 7_c-
s
PP
q
gne
ned..,-
'S a..
T �g
6nt itorL,
SU
ADepu o6 Tm 6 rer
Mep
W
p
. ...... uf*
�y n y
z
dc
X01
p:
M., IM
v
.33,
E .02 is
-jTjj
G OD —W to-,
FICE f M I i WIT,,IYV. DIT-1 G MT R'
MM
�-t tt t"',5
MORN
.. ..............
AMI XWTIMIRE� il[A 2-A
El- EA"
D-,ATMI'. R 3 U R Mo
v
`t� _7 t
TItt:
%:tt
C�
rt,
U0,m®ri t�t
S IN
�
ON AM,
..........
.......................
�t
:"'tA;� itn:
WNT
bo
-4
iN,
V.,
Poll ,p
!,r®r
U Itibi t:��,�,
W'-
_W
5
itt
k-e,I it j,;j!_:t..
R 7
;.7
ti R
...........
,U
g2T_
_Vt
a?
_V1
U
tb t
i ""N i:,W,
_A
7".
t,�T�o
t2g
'T T-1 U.'k I
J2,F,"i
"'y
j
3�,
g�,c T
J.
7
t
EPOSIT-IT:
owint
i.-Jiin,st`;;�t-,�
mibt
p id f w
Di
CGIN "in RR
t"d�10 U. E N C-1),
x
'T
�C4
F
IIECKS A&D"E
2
S11
M --,S -..o Fi""n
T I
"M
M A-,A Dat,00 R. MERIJ -E,-,r., NS LY-1
-P,
'o
In
DEP-05
p
-A UMBER"-�`,-
1N,
T
"A 11,; Y
A,�r
4sm.GIME 777-7,;W:
ce nvountish %
'T
b int,_;U%-bp.p Re
T e. mi ou'nr,,.,--l*T
veasureris�recei We-0 MT OL .6�6d 4
CKno.m._ ge
rea
potitviv T,
W.:
17
d. ......
d:
gn,�
_7 ty-rCm ty,'Tlrec surer,
::,�,EXT.
un
Tu
D-34REW(7�;93)
M
819800-0800: 611614841 $60,0800.001 SUB 8331, Cash Bond Fee, Danville
Tassajara Partners,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: G11614921 $5,520.00, RA 11581 Cash Bond Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., Milpitas, CA
-95035
ROAD IMPROVEMENT AGREEMENT
109 out )lav�A#0*
r od-
Developer: Shapell. Industries of Northern Californ Effective Date:
Division of Shgpell Industries,Inc.,-a.Delaware Corp. Completion Period: 1 year
Development: RA 1158(Cross Ref.SUB 838 1)
Road: Camino Tassaiara
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER
Maurice M.Shiu,P blic Works Director
By: (signature)
(print name&tile)
,RECOMMENDED FOR APPROV L
By: (signature) Z
Engineering S es Division (print name&ti e) ?_0
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"County,"and the above-mentioned Develop
mutually promise and agree as follows concerning this development:
2. EMPROVEMENTS. 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. 110PROVEMENT 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: $ 43,500-00 cash,plus additional security,in the amount of$ 4,304,200-00
which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, the Developer guarantees performance under this Agreement and maintenance of the 'Work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 2,173,850.00 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 S94-4-406 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
5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other 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.
G. RVEPROVEMENT 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 orduringthe 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 indicatingthe work or any part thereof complies with the requirements quirements of this Agreement,or acceptance of the whole or any part of said work and/or
materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall
the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof.
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 ornot 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 form any negligent or willful misconduct of any Indemnity.
9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or
fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges
incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to
complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently
completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay
all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
11. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory
incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be
transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement
as though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration hereof:
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval
RL:kw
\\PWS4\SHARDATA\GrpData\EngSvc\Forms\AG WORMAG-24.doc
Rev.April 6,2000
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On July 7, 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.
JANICE T.KRUSE
`W commission# 1318697 WITNESS my hand and official seal.
Notary Public-California
Santa Clara County
f My Comm.Expires Aug 24,2005
� Sign ture of Notary Public
Optional Information
Title or Type of Document: Road Improvement Agreement Tract 8381 - Camino
Tassai ara
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries,Inc.
SUBJECT: Approving the Road Improvement Agreement for Camino Tassajara Road
Widening, RA 04-0115 8 (cross-reference Subdivision 99-083 81),being
developed by Shapell Industries of Northern California, a Division of Shapell
Industries, Inc., a Delaware Corp., Danville area. (District III)
DATE: December 20, 2005
PAGE: 2
I. Cash Bond
Performance Amount: $43,500.00 ($37,980.00 & $5,520.00)
Auditor's Deposit Permit No. DP 431927 Date: September 28, 2004 ($37,980.00)
Auditor's Deposit Permit No. DP 444939 Date: May 24, 2005 ($5,520.00)
Submitted by: Shapell Industries of Northern California
Taxpayer identification number: 95-2518030
11. Surety Bond with Rider
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929299764 September 23, 2004
Performance Amount: $4,304,200.00
Labor&Materials Amount: $29173,850.00
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries,Inc., a Delaware Corp.
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.