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MINUTES - 11152005 - C19
TO:; BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKSDIRECTOR DATE: November 15, 2005 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 05-08900, Oakley area. (District V SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 900517-36 for Subdivision 05-08900, approving the Final Map and Subdivision Agreement''for project being developed by Shea Homes Limited Partnership, a California Limited Partnership, Oakley area. (District V) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Public Works Department has reviewed the conditions of approval for Subdivision 05-08900(cross-reference Subdivision 90-07562)and has determined that the applicant has satisfied all conditions of approval required for final map approval. CONSEQUENCES OF NEGATIVE ACTION: The final reap will not be approved. Continued on Attaehirnent: SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Al IPROVE THER ►"NATURES : ACTION OF BOD N Grn G APPROVED AS RECOMMENDED OTHER 7 O SUPERVISORS UNANIMOUS(ABSENT e-- I herebycertifythat this is a true and correct ) AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the Originator:Public'Works(ES) date Shown. Contact: Slava Gospodchikov(313-2316) LS:rnd G:\GrpData\EngSvc\BO\2005\1 1-15\SD 05-08900 BO-21.doc cc: Public works—T.Bell,Construction ATTESTED:,Ai z,p ✓Aei-)-- �,ct Current Planning,Community Development T—September 15;2001 JOHN SWEETEN, Clerk of the Board of Shea Homes 1580 Shea Center Drive Supervisors and County Administrator Livermore,CA 94550 Atte:Donald Hofer First American Title Company 1355 Willow Way,#100 Concord,CA 94520 By , + + ,Deputy Athr-Barbara Pinto > Safeco'Insurance'Company of America 330 N.Brand Blvd.,Ste 1000' Glendale,CA 91203 Attn:Tim Finnegan TIDE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 15,2005,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 05-08900, being developed by Shea Homes Limited Partnership, a California Limited Partnership, Oakley area. (District The following documents were presented for Board approval this date: I. Map The final map of Subdivision 05-08900, property located in the Oakley area, Supervisorial District V, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Shea Homes Limited Partnership,a California Limited Partnership,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; Originator:Public Works(ES) Contact: Slava Gospodehikov 013-2316) I hereby certify that this is a true and correct copy of an action LS:mn G:�GrpData\Engsvc\BO\2005i11-15\SD o5-as9o©ao-2t.doc taken and entered on the minutes of the Board of Supervisors ce: Public Works-T.Bell,Constructionon the date shown. Current Planning,Community Development T—September 15,2007 Shea Homes 2580 Shea Center Drive Livermore,CA 94550` ATTESTED ,/f/tp dr,;; '6 e-Y AS Atm:DonaldHoferCompany First American Title Cpany JOHN SWEETEN'Clerk of the Board of'Supervisors and. 1355 Willow Way,#100 County,Administrator Concord,CA 94520 Attn:Barbara Pinto' Safeco Insurance Company i of America 330 N.Brand Blvd.,Ste 1000 Glendale,CA 91203 By T'[ Deputy Ann:Tim Finnegan RESOLUTION NO.2005/ ,y 3a SUBJECT: Approving the Final Mapand Subdivision Agreement for Subdivision 05-08900, being developed by Shea Homes Limited'' Partnership, a California Limited Partnership, Oakley area. (District V) DATE: November 15, 2005 PAGE: 2 A. Cash Bond Performance amount: $45,499.00 Auditor's Deposit Permit No. 451241 Date: September 15, 2005 Submitted by: Shea Homes Limited Partnership, a California Limited Partnership Tax ID Number: 95-424-0219 B. Surety Bond Bond Company: Safeco insurance Company of America Bond Number: 6369392 Date: August 22, 2005 Performance Amount: $1,504,401.00 Labor&Materials Amount: $2,274,950.00' Principal: Shea Homes Limited Partnership,a California Limited Partnership I1L 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 2004-2005 tax Tien has been paid in full and the 2005-2006 tax lien,which became a lien on the first day of January 2005, is estimated to be $30,600.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Safeco Insurance Company of America Bond Number, 6338213 Date: August 1812005 Amount: $30,600.00 Principal: Shea Homes Limited Partnership,a California Limited Patnership NOW, THEREFORE,THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 20051Z& lk "41 � „w ma � r a. W a � hM43.r ' �> Ilk ti Am IA th It 4A qk �* m � _ k }� � > {tr� V t4 12 ia! kE 4 - �� q Z Olt h 4•v ti kk � Nil litj, 19. . a M • vwl f Wit Mist _` g �. q � � All oil i 3Z 9, e� tu, In e° bi x \w z; .. on 44 it li. f � r w.. �o � �y't ., < ! ''r `i tai•, :ti ti '�, t � a c r ARALiES" '4tl' AIL u tom' ' tC3 ! �� y�• w• � ! 'n. t *�$ nt �5 v ~ $$ }r 1+c x�'i 4 4'g3��?Ss ,,p r 4' �•. '* ." ';y 6 jQT Pv zWy,��, � yp- .. � p �,� S�f+�y�\ t6 pa�3 �, '�� W,7� o •'' �f h h+•h. 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SayoSr y„ it It I 7$�1D4 ii it 4. �iy lz 1f Sl"t'1 R�-.J ,i07t71=�: ,X70099iFb .po+ , F,. ,1t "`$+�vs•�n, �. o , eS r t !f'ryR £.a r � r+� WNall 3 iii it 'Ml rt, 11 APA Ilk 101 k, vA t � ��" •s`� s.`� �A'y»y� `�. �.� -moo � �' �� t i .(y'`4 i(�aaw.t V � }}ggi**(��£ .,.,et`ti � Ok � SUBDIVISION AGREEMENT (Gov.Code,§§66462 and 66463) Subdivision: Effective Date: .3/ Subdivider: L11 Completion Period: 2 � THSES NATUR ESATTEST TO THE PAR IES'AGREEMENT HERETO: CONTRA COSTA COUNTY J SU Mau' .Shiu,Public Works Director y' e MMENDEDFOR APPROVAL:' '°� Print Title [!tA' 4C1�1rE.17 } C••Gsr By: } Print Name ngrneenng rvrces Division PnntTiUe FORM APPRQVED: Silvano 8,Marchesi,County CounselNt OTE:All signatures must be acknowledged,if Subdivider is incorporated,the contract must be signed by two officers.The first signature must be that of tha:chairman of the board,president o€vice-president,the second signature rrwst be that of the secretary, assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§'1313.) CERTIFICATE OF ACKNOWLEDGMENT' State of Calffomia ) ss. County of On the date written below,before me,the undersigned Notary Public,personally,appeared the person(s)signing above for analhL wan n m for proved to me on the basis of satisfactory evidence)to;betha person(s)whose name(s)!stare subscribed to the within instru t and acknowledged to thath s hey executed the same in hislherAheir authorized capacity(ies),and that by his/her/their signature(s)on the instrumentthe person(s),or the entity upon behalf otwhich ft persan(s)'acted, executed the instrument WITNESS my hand and official seal. Dated: +, r L.WILSON Notary Public COMK*1468544 (Notary seal) NOTARY PUBLIC-CALIFORNIA ALAMEDA COUNTY 0 COMM.EXP.MANN 4,2008�+ 1. PARTIES DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter'County*)and the above-mentioned Subdivider mutually promise and agree as follows concerning this Subdivision: 2. IMPROVEMENTS.Subdivideragrees to install certain mad improvements(both public and Ovate),drainage Improvementsi 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'Ordktance Code'). Subdividershall complete said Improvements(herelnafter'Work")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. Code,§§66410 at seq.)in a good workmanliike'manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code and rulirugs 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 Subdiuidershall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County. A For Performance and Guarantee:s4. A. cash,plus additional security,in the amount of$k� 0 which together total one hundred percent(100%)of tlreastlmated costof the Work. Such additional serutrtty Is presented in the form of. Cash,cerfitied check or cashises check Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,Subdivide€guarantees performance underthis Agreement and maintenance of the Workfor one year afterits completion and ecceptanceagainstany defactive workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount:$4 JA !i L which is fifty percent(50%)of the estimated cost of the Work.Such security is presented in the form of: Cash,cedifv d check or gshier's check Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable tetter of credit (Rev.9/031 Page 1 of 2 With this security,Subdivider guarantees payment to the contractor;to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider, Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in accordance with; Sections 94-4.406 and 94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shall be free from defects in material or workmanship and shall perforin satisfactorily for a' period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,'Acceptance,*of the Ordinance Code, Subdivider agrees to correct,repair,or replace,at Subdivider's expense,any defects in said Work. The guarantee period does not apply to road Improvements for private roads that are not to be accepted into the County road system, 5. PLANT:ESTABLISHMENT WORK:Subdivider agrees to perform plant establishment work for landscaping installed under this Agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable;plants,doing weed,rodent and other pest control and other work determined by the Public Works,Department to be necessary' to 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 benefited 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 such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the Work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said ffabil'hties and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Subdivider,contractor,subcontractor,or anyofficer,agent,or employee of one or more of them. D. Non-Conditions.The promise and agreementin this section are not conditioned or dependenton whethet.or not any indemnitee, has prepared,supplied,or appmved any plan(s)or specification(s)in connection with this Work or Subdivision,or has insurance or otherindemnificatim covering any of these matters,or thatthe 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 relocatiobs 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 pdortoacceptance of the Workas 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 safWaction 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 specked in this Agreement,and subsequent extensions,or fails to maintain the Work,County may proceed to complete and/or maintain the Work by contract or otherwise and Subdivider agrees to pay all costs and charges incurred by County(including,but notiimited 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 it Subdivider subsequently completes the Work. Should County sue to compel performance underthis Agreement or to recover costs incurred in completing ormaintaining the Work,Subdivider agrees to pay all attorney's fees, staff costs and all other expenses of litigation incurred by County In connection therewith,even if Subdivider subsequently proceeds to complete the Work. 12. INCORPORATION/ANNEXATiON. If,before the Board of Supervisors accepts the Work as complete,the Subdivision is included in territory incorporated as a city oris annexed to an existing city,except as provided in this paragraph,County's rights under this Agreement andlor any deposit'bond,or letter of credit securing said rights shall be transferred to the new or annexing city.Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted with the city originally.The provisions of paragraph 8(indemnity)shall continue to apply in favor of the indemnitees listed in paragraph 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 over which Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvement plans,by County and its forces,including contractors,for the purpose of inspection,and,in the event of non-performance of this Agreement by Subdivider,completion andlor maintenance of the Work. Form Approved by County Counsel (Rev.9/031 H:1FinaWMLW-SubAgmt.9,03.wpd Page 2 of 2 DEPOSIT PERMIT OFFICE OF CITY ALIDM)R-CONT10I.E.ER TO .nc�cWRER f MARTINEZ,CAIIFORNIA RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Ptace&nm sae County ldrninhftulor's kietin 10&) DESCRIPTON FUND/7RG. �� :TASK ACTIVITY AMOUNT $ ,i. Y s4 ft� I krO L, J r � � .fir �' � .�!t�� � '-�r't✓� .q � /,!;r�, r`,r� I;ir, r� } i I r, 1 I I L. L lj PLANATION: TOTAL 7 r' r DEPOSIT '" r'' F,. .2 f' Deposit`anfais of the folowmg items COIN and cuitltENCY $ ` r r� CHECKS.MA:,ETC $o.2, % .-* BANK DEPOSITS $ f., r C `fFOR AUDffOR-CCONTROU.ER USE Clt�a.Y r/ �LLoK I ./ !-{:. r" } ..!' ,,�,.. r" ",,•�'.{. .":/+'i DEP45tT / PERMIT DP yr DATE 451201 E-D `$ f" C 1 ASSIGNED The amount of money c6smUd above is for Treasurer's receipt of above amount is apprcwed. Receipt of above amount is hereby deposit into the County.Treasury. ackged 5lgnecl± ff'. '_ �I ck` liyf cx ,�'I ✓' i' fL/+�J Si fid: EXT = / ! Deputy County Auditor Deputy Cou Treasurer tial REV(T 93 qg5qJ11(os C.+ y Cost Summary With Itemized Revenue for: SDO508900 - 04/18/2005 Th'ru 1012412005 Billina Account: 29738 1012612005 ACTIVE Deposits SDO508900 -$5,711.35 08118/2005 JV050586 TRANSFER -$272.03 08118/2005 JV050586 TRANSFER -$26,356.38 1012072005 JV051765 TRANSFER Total for SCode 0077: $182,643.07 0810 IMPRV PLAN REVIEW-LANDSCAPING $53,096.22 09/1972005 1189867 451385 DEPOSIT Total for SCode 061C: $53,096.22 TotalFund 1123 $235,739.29 Fund: 8198 Description Deposit Amount Date Poste Journal# Receipt# Deposit# Rev Type PBN0 TRUST$198 PERFORMANCE BONDS $45,49909/1512005 1189676 451 .00 201 DEPOSIT Total for SCode PBND: $45;499.00 Total Fund 8198 $45,499.00 Total Non-Restricted Funds: $235,739.29 SD0508900`Not Balance: $231,082.95--- Page 2 ***EXECUTED IN DUPLICATE*** Sjbd ivWon: ©Jr-Agdv' Bond No.: 6369392 p-enium $45,044, Ary claim under his Ebnd should be sent h?ec88nsurance Company America 330 N. Brand Blvd.,, IMPROVEMENT SECURfTY BOND Suite 1000 FOR SUBDIVISION AGREEMENT Glendale, CA 91203 (Perfo;Hance,Guarantee and Payment) (Gov:Code,%65499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT,The Principal has executed an agreement with the County of Ccntra Costa(hereinafter"County')to install and pay for street,drainage and other improvements in Subdivision � Das specified In the Subdivision Agreement,and to complete said work within the time specified for completion in the Subdivision Agreement,all in accordance with State and focal lavas and rulings theraunder in order to satisfy condhions for IlHng of the Final Map or Parcel Map for said subdivision. Under the terms of the Subdivision Agreement,Principal is required to furnish a bond tc secure the faithful performance of the Subdivision Agreement and payment to laborers and materfaimen; ! t 5 ! G/Yl'f t.+11Jitr� .all i asPrincipal,and 2. OBLIGATION, fsCa }"Z9 �!/SuCG' CA, ,A�7X ,�MCrr�L �,_�+,`�ot _ ,a corporation organized and existing under the taws of the State of and authorized to transact surety business in California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors, administrators,sucoessors and assigns to the County of Contra Costa,Calrfomia to pay it �y {011.A11011 f�rrA° fr�t/rdr xtF ftTGtllxa/Jr� (A. Perionrance and Guarantee;Fedi &witY"cd Awe fid'-vo/Jey Dollars($ 12 ��1/19if W )for itself or any city assignee under the above Subdivisnn Agreement ,t�;I ars Tivc/1C,451YA, try�t�' Swx woall (a. Payment} rldliwe q AW Dollars($_ '� .3 .�v )to secure the claims to which relerenc a is mads in Title XV(commencing with Section 3D82)of= of Drvisicn III of Ile Civil Coda of the State of Califomia 3. CONDiTION.This obligation is subfect to the following condition. A. The concition of this obl'igat.on as to Section 2.(A)above Is such that it the above bounded Principal,his or its heirs,executors,administrators, successors or assigns,shag 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 ahy alteration thereof made as therein provided,on tzls or their 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 Indemnry and save harmless the County of Contra Costa(orcity assignee),its officers,agents and employees,as therein stipulated,Then this obligation shall become nail and void;otherwise it shall be and remain in full force and effect. As pan of the obligation secured hereby and in addition to the face amount specified therefor,there shall be Included costs and reasonable expenses and fees, including reasonable atlomays fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,and in be taxed as costs and inched in any judgment rendered. B. The condition of this obligation,as to Section 2.(8)above,is such that said Principal and One undersigned as corporate surety are held'firmly bound unto the County of Contra Costa and at,contractors,subcontractors.laborers,materiaimen and other persons employed in the perfomrance of Ole elorssaid Subdivision Agreement and referred to In the aforesaid Civil Code for materials famished or labor thereon of any kind,or foramounts rue under the Unemployment Insu rance Act with respect to this work or labor, and that the Surety will pay,the same in an amount not exceeding the amount herainabove set forth,and also in case suit is brmght upon this bond,will pay,in addition to the lace amount thereol,costs and reasonable expenses and fees,including reasonable attomay's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,to be awarded and fixed oy the court,and to be taxed as costs and to be included in the)udg ment therein rendered. It is hereby expressly stipulated and agreed that this band shall inure to the benefit of any and all persons,companies,and corporations entitled to file claims under Title 15(commencing with Section 3082}of Part d of Division 3 of the Civil Code,so as to give a right of action to them or theirsssgns 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 change.extension of tirne,alteration,or addition to the terms of said Subdivision Agreement or the work:o beperformed thereunder or any plan or specifications of said work,agreed to by:he Principal and the County Contra Costa(orcity asslonee)'shall relieve any Surety from Uatiffity on this bond;and consent la hereby given to make such change,extension of time,afteration oracid".. tW&t further notice to or consent by Surely;and surety hereby waives the pravisiors,of t'rk ICi6de Section 2819 and t!k holds itself bound without regard to anuiepandentiy orf.any aeflon against the Principal whenever taken:' SIG NEDAND SEALEbon Au ust 22 20 05 Shea roes t d' gaarr'tnersh p; Pnneinai: a CA orni�t-ed partnership sure Safeco Insut"ce Com an of America Address: -4,2910 Shea Center Drive Address: 330 N. Brand Blvd., Suite 1000 —44vermore. CA zipL. 94551 Glendale, CA zip• 91203' Prin nald A_ ry Prim Name: Victoria Stockton Title: Twe� Attorngy-in—Fact Its: Authorize gent jNote:All signatures must be acknowledged. For corporations,two officers must sign. 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.)) Form Approved by County Counsel HM1-inxpPlNSuI+F,imp5eceornLB.OJ.xi.Pcr - : [Rev.9Q] *By: I IOWA J_�L Its: Authorized ent Rob Wainwi ght STATE OF CALIFORNIA} COUNTY OF ALAMEDA)ss. On October 3112005 ,,before me,Laurel Wilson,Notary Public, personally appeared Rob Wainwright and Donald A.Hofer ,personally known to me(or proved tome on the basis of satisfactory evidence)to be the person(s)whose name(s)is/aresubscribed to the within instrument- and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures)on the instrument the person(s), or the entity upon behalf of which the person(s)'acted,executed the instrument: WITNESS my hand and official seal. A-r'�- �y ---�- L.WILSON *N'.OTARYP BLIc-CALIFORNIA W ALAMEDA COUNTY 0 Signature: MM.EXP.MARCH 4.2008-; OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Document Title/Type' Improvement Security Bond#6369392 Document Date: August 22,2005 Number of Pages I Signer(s)Other Than Named Above: Safeco Insurance Company Capacity(ies) Claimed by Signer(s) Signer's Name: Rob Wainwright&Donald A.Hofer _ Individual; Top of Thumb Here X Corporate Officers- Title(s): Authorized Agent Partner: Limited General Attorney-in-Fact Trustee Guardian or Conservator Other: Signer is Representing: SheaHomesLimited Partnership STATEOF CALIFORNIA SS. COUNTY OF ORANGE On AUGUST 22,2005 bgfore me, MARIA LUISA R.AGUINALDO,NOTARY PUBLIC PERSONALLYAPPEARED VICTORIA STOCKTON personally known to,me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name( i s6shelt cribed to the within instrume and acknowledged to me tey ex ted the same in It" em it authorized capacity(ies),and that by hi er eir signature(s)on the instrument the person(s),or the entity upon behalf LI,11MRa GUMMI of which the person(s)acted,executed the instrument. COMM 1#1406174 NDTAR1rM1X-=FWM WITNESS y hand and official IiANt�E cial seal. O IVy Cow Mink it 2007 Signature This area for Oficial Notarial Seal OPTIONAL Though the data below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this forme CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑'"INDIVIDUAL ❑"CORPORATE OFFICER PERFORMANCE&PAYMENT BOND TITLE OF TYPE OF DOCUMENT T#TGEM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL: 1 ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE{S}' ❑'GUARDIAN/CONSERVATOR El OTHER: AUGUST 22-,2005 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS}OR ENTITY(IES) SAFECO INSURANCE COMPANY OF AMERICA SHEA HOMES LIMITED PARTNERSHIP SIGNER S OTHER THAN NAMED ABOVE ID-1232(REV.5t01) ALL-PURPOSE ACKNOWLEDGEMENT En PO POWER Safeco Insurance Companies OF ATTORNEY S5e sox X SeBox WA 98124-1526 No. 1©688 KNOW ALL BY THESE PRESENT'S: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint ********************EDWARD N.HACKETT,JOHN D.MILLER;VICTORIA STOCKTON;MICHAEL R.SZOT;Santa Ana,Califomia********************* its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 3rd day of June 2005'- STEPHANIE DALEY-WATSON,SECRETARY MIKE PETERS,PRESIDENT,SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer,in charge of surety operations,shall each have authority to appoint individuals as alto€net's`in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar characterissued by the company in the course of its business...On any instrument making or evidencing',such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority " or on any bond'or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,' however,that the seal shall not be necessary to the validity of any such instrument or undertaking:" Extract from a::Resoiution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and'&GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the;power-of:attorney'appointment,executed pursuant thereto,and (ii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile;thereof." 1, Stephanie Daley-Watson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 22nd day of August 2005 SBAL SEAL STEPHANIE DALEY WATSON,SECRETARY S-0974/DS 4105 Safeco and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF', EXHIBIT A IMPORTANT NOTICETO SURETY BOND CUSTOMERS REGARDING THE TERR-0RISM IN URANCE ACT OF 2032 As a surety bond customer of one of the SAFECO insurance companies(SAFEC©Insurance Company of America,General Insurance Company,of America, First National Insurance Company,American States Insur- ance Company or American Economy Insurance Company),it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to"surety insurance".This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Undr ew- s-fomlula,the United States government pays 90%of losses caused by certi€ed acts of- ism that exceed a statutorily established deductible to be paid by the insurance company providing the bond.The Act also establishes a$100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism.Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of any bonds issued for your account,the underlying agreements,guaranteed by those bonds,any statutes governing the terms of those bonds or any generally applicable rules of lava At this time there is no premium change to any of your bonds resulting from this Act. Dated: February 24,2003 56247 Z103" 4m William J.Pollacok Treasurer-Tax Collector's County Treasurer-Tax Collector` 625 Court Street cost Finance Building, Room 100 Russell V.Watts P.O'.Box 631 County Deputy Treasurer-Tax Collector Martinez, California 94553-9063 (925?646-4122 Joslyn Mitchell (925)957-2898 FAX Tax Operations Supervisor Date: 08/17/2005, IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R & T CODE 2608) THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract 10 City Tax Rate Area° 890vOAKLEY 82010 PARCEL#032370-001-3, 032-3*014-6, 132-3704' 5-3 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 2004-2005 tax lien has been paid;,in fuel. Our estimate of the X005-2006 tax lien, which became a lien on the first day of January, 2005 is: $30,600,90 This tract is not subject to a 1915 Act bond. The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax:.Collector. Subdivision bond must be 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 By: -2�yl -- putt Bond No. 63382-3 # Premium. $153. ' 'PR CI( AL TITLE CONVANY SURETY Shba Homes First American Title Co. Safeco Insurance Company 2580 Shea Center Drive 1355 Willow Way,x€100 Livermore,CA.94550 Concord,Ca 44520 of America Attn: Blake Reinhardt ' Attm: Barbara Pinto 330, N. Brand Blvd. , Suite 1000 Phones 925-2453646 Phone: 925-356-7025 Glendale, CA 91203 FAtCO#1443075 Attn: Tim Finnegan Phone No. ($1:8)956-4208 Tax year 2QO5/2006 BOND AGAINST TABS KNOW ALL MEN BY THESE PRESENTS. THAT Sheat]R n: es Livaited Partnersh`' a C4.Ilforu a Limited Partnership as principal and(Surety) Safeco Ins ne Company of America , a corporation organized and existing'under#IZe laws of the State of Washington , and aq hor d to transact surety business in California as surety are held and'firmly bol si unto the County of Contra Ccista, 'State of�c i inia.in the penal sum of �tiirty ThousaiA Six Hundred Dollars S 301 0; .Obi to be paid to said County of ContraCosta. for the payment of which Will and truly be made,we anal each of us bind ourselves,our heirs,executors,administrators and successors,jointly and severally, firmly by these presents. Sealedwith our Seats and dated this 1&t day of August 2€05. The conditions of the above obligation is such that WHEREAS,the above bounded principal is about to file a map entitled S bdivis an 89f}(i ns B11i reek"Lake Phase IR" and covering a subdivision of a tract of land in.said County of Contra Costal and there are certain liens for taxes and special assessments collected:as taxes,against the said tract of land covered by said reap,which taxes and special assessments collected as taxes,'are not as yet due'or payable. NOW,THEREFORE,if the said Principal.shall pay all of the taxes and special assessments,collected as taxes which are a lien against said tract of land covered by said trap,at the time of the filing of said map of said tract,then this obligation shall be void and of no effect,otherwise it shall remain in full force and effect. Shea Homes Limited Partnership, Safeco ran Company of America. a a Limited Partite r '- � � B 1 Surety Its: Authorized AgknY A Donald A.Hofer Victoria Stockton ` Attorney-in-Fact By: Its uthorized Ag int ,job Wal (notary acknowledgment attached) PR n1�TEsovtD BOND RDARTA COUN BY- STATE OF CALIFORNIA Ss. COUNTY OF ORANGE Olt AUGUST 18,2005 before me, MARIA LUISA R.AGUINALDO,NOTARY PUBLIC PERSONALLYAPPEARED VICTORIA STOCKTON personally known to (or proved to me on the basis of satisfactory evidence)to be the person(s)whose narne(sW, scribed to the within instrumIe cnd acknowledged to me t at h steel hey exe cued the same in hi. e it authorized capacity(ies),and that by hi. er air signature(s)on the instrument the person(s),or the entity upon behalf001 of which the person(s)acted,executed the instrument. * WMM.01401111114 „ WITNESS niv hand and o,#Icial seal. Signature --. This area for Official Notarial Seat OPTIONAL. Though the data below is not required bylaw, 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 0 INDIVIDUAL 0 CORPORATE OFFICER. SUBDIVISION TAX BOND TITLE OF TYPE OF DOCUMENT TITLE(S) El 'PARTNER(S) C LIMITED C:] GENERAL 1 0'ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) El'GUARDIAN/CONSERVATOR EJ OTHER AUGUST 18,2005 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SAFECO INSURANCE COMPANY OF AMERICA SHEA HOMES LIMITED PARTNERSHIP SIGNERS OTHER THAN NAMED ABOVE IB-1292(REV.moi) ALL-PURPOSE ACKNOWLEDGEMENT NOTARY ACKNOWLEDGMENT STATE OF CA F NIA }ss COUNTY'OF � � } On -' r `lJ before ,a Ngta P blic iso and for said State;personally appeared !' x�eesanaliy known to arra(car proved to me on the basis of satisfactory evidence)to be the persons , se name(s)istare subscribed to theevitliin instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the persons)car the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. V. L.L. WILSON U' COAA,t.#14,(W44 NO€ARY PUBLIC-CALWORN1A Signature tlEAM1 t CCIUNTY COMM.EXP,fvtARCFt 4,2bt)$ My Commission Expires: Notary Name ' Notary Phone: 1 U 3(:516 Notary Registration Number: 1 1b 5 ` 'County of Principal Place of Business, NOTARY BLK VROV&94) POWER Safeco Insurance Companies OF ATTORNEY PO Box 34526 Seattle,WA:98124-1626 No. 10666 KNOWALL BY THESE PRESENTS: That''SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint ********************EDWARD N.HACKETT;JOHN D.MILLER;VICTORIA STOCKTON;MICHAEL R.SZOT;Santa Ana,California*****'**************** its trate and lawful attomey(s)-in fact, with full authority to execute an its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 3rd day',of June 2QQ5 STEPHANIE ALEY-WATSON,SECRETARY MIKE PETERS,PRESIDENT,SURETY CERTIFICATE Extract from the By-Laws of SAFFECO INSURANCE COMPANYOF AMERICA and of GENERAL'INSURANCE COMPANY OF AMERICA. "Article V,Section 13.-FIDELITY AND SURETY BONDS the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact:or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents i of similar character issued by the company',in the course of its business,..On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking''of the company,the seal, or,a facsimile thereof, may be impressed or affixed or In any other manner reproduced; provided, however,that the seal shalt not be necessary to the validity of any such Instrument or undertaking." Extract from:a Resolution of the Board of directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V,Section 13 of the By-Laws,and (ii} A copy o€the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-atto ey appointment is in frill force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company'may be a facsimile thereof:" 1, Stephanie Daley-Watson, Secretary of 5AFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify the foregoing extracts of,the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,anis that both the By-Laws,the Resolution and the Power of Attorney are stilt in full force and effect. IN WITNESS WHEREOF,l have hereunto set my hand and affixed the facsimile seat of said corporation this 18th day of August 240.5 3L + STEPHANIE DALEY-W TSON,SECRETARY S-0$74/DS 4106 Safeco and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF EXHIBIT A IMPORTMT NOMF M SURET1t'BOND CUSTOMERS REGI DING THE RMEW MK NSUR Aim"OF ZQQ2 As a surety bond customer of one of the SAFECO insurance companies(SAFECO Insurance Company of America,General Insurance Company of America,First National insurance Company,American States Insur- ance Company or American Economy'Insurance Company),it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to 'surety insurance".This means that under certain circumstances we may eligiblefor reimbursement of certain suety bond tosses by the United States government under a formula established by this Act. Akwer-this-foirmula,the United sores-government pays 90%of losses caused by certified sets of-terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond!The Act also establishes a$100 billion cap for the total of all losses to be paid by all;insurers for certified acts of terrorism.Losses on some or,all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions;of any bonds issued for your account,the underlying agreements guaranteed by those bonds,I any statutes governing the terms of those bands or any generally applicable rules of law. At this time there is no premium change to any of your bonds resulting from this Act. Dated:'February 24, 2003 S-6247 Z/03