HomeMy WebLinkAboutMINUTES - 02142006 - C.12 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR C
DATE: February 14, 2006 •
SUBJECT: Approving the Road Improvement Agreement for Casablanca Street and Bridge Improvements,
RA 04-01160 (cross-reference Subdivision 99-08381), 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
RECOMMENDATION(S):
ADOPT Resolution No. 2006/ 09 for RA 04-01160 (cross-reference Subdivision 99-08381), approving the
Road Improvement Agreement for Casablanca Street and Bridge Improvements, for project being developed by
Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp.,Danville area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
RA 04-01160 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 Improvement Agreement will not be approved.
Continued on Attachment: SIGNATURE:
L-RECOMMENDATION OF COUNTY ADMINISTRATOR
~RECOMMENDATION OF BOARD COMMITTEE
ROVE OTHER
SIGNATURE(S)-C:)(�' .,
ACTION OF BOA ON APPROVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
VOT F SUPERVISORS date shown.
UNANIMOUS(ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED:
Originator: Public Works(ES) JOHN SWEETEN, Clerk e Board of
Contact: Teri Ric(313-2363)
LL:rm Supervisors and County Administrator
G:\GrpData\EngSvc\BO\2006\02-14\RA 04-01160 BO-15.doc
cc: Public Works-G.Paduveris,Construction
Current Planning,Community Development
T—December 14,2007
Shapell Homes
100 N.Milpitas Blvd. By , Deputy
Milpitas,CA 95035
Attn:Sam Worden
National Fire Insurance Company of Hartford
2355 E.Camelback Road,Suite 500
Phoenix,AZ 85016
Attn:Pamel L.Stocks
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 14, 2006, by the following vote:
AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006/ 404
SUBJECT: Approving the Road Improvement Agreement for Casablanca Street and Bridge
Improvements, RA 04-01160 (cross-reference Subdivision 99-08381), being
developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware
Corp., Danville area. (District III)
The following document was presented for Board approval for Casablanca Street and Bridge
Improvements,road acceptance file RA 04-01160(cross-reference Subdivision 99-08381)property
located in the Danville area, Supervisorial District III.
A Road Improvement 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 road improvement agreement, within two years from the date of said agreement.
Improvements generally consist of road and bridge improvements.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
Originator: Public Works(ES) on the date shown.
Contact: Teri Rie(313-2363)
LL:nn
G:\GrpData\EngSvc\BO\2006\02-14\RA04-01160 BO-IS.doc ATTESTED:
cc: Public Works-G.Paduveris,Construction /
Current Planning,Community Development JOHN SWEETEN, Clerk of oard of Supervisors and
T—December 14,2007
Shapell Homes County Administrator
100 N.Milpitas Blvd.
Milpitas,CA 95035
Attn:Sam Worden
National Fire Insurance Company of Hartford
2355 E.Camelback Road,Suite 500 By ,Deputy
Phoenix,AZ 85016 K&2_ 1 A94'_V.4�
Attn:Pamel L.Stocks
RESOLUTION NO.2006/ /T
SUBJECT: Approving the Road Improvement Agreement for Casablanca Street and Bridge
Improvements,RA 04-01160 (cross-reference Subdivision 99-08381), being
developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware
Corp.,Danville area. (District 1111)
DATE: February 14, 2006
PAGE: 2
I. Cash Bond
Performance Amount: $20,200.00
Auditor's Deposit Permit No. DP 452271 Date: October 4, 2005
Submitted by: Shapell Homes, a Division of Shapell Industries, Inc.
Taxpayer identification number: 95-2578030
II. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929270281 September 15, 2005
Performance Amount: $1,994,900.00
Labor&Materials Amount: $1,007,550.00
Principal: Shapell Homes, 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.
RESOLUTION NO. 2006/ ,�9
.r�
ROAD IMPROVEMENT AGREEMENT
Developer: Shapell Homes, a Division of Shapell Industries Effective Date: (J I 1
Inc..a Delaware Corp.
Completion Period: 2 year
Development: RA 04-01160
Road: Casablanca Street&Bridge Improvements
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER
Maurice M.Shiu,Public Works Director
By: J \.lam (Signature) t
' (Print name&Cilia)
RECOMMENDED FOR APPROVAL *B�^•�I 4//J
By: (signature)
En ne n Services Division (Print name"Utle), _ � ��
FORM APPROVED: Victor J.Westman,County Counsell
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code S313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coun "and the above-mentioned Develoner,
mutually promise and agree as follows concerning this development:
2. 1MPROVEMENTS. 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 futureamendments thereto).
Developer shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof in a good
workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. For Performance and Guarantee: $ 20.200.00 cash,plus additional security,in the amount of$ 1.994,900.00
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$ 1.007.550.00 ,which is fifty percent(5001a)of the estimated cost ofthe work. Such securityis
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. Developeragrees 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.
6. iWROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in
Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during
the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the
work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee
of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the 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.
S. 13,413EMNITY: 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 df whether or not such
liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the
defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions causing liabiliri are any actor 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\EngSvcTonnsWG WORD\AG-24.doc
Rev.April 6,2000
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 A 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
Commission# 1597426 WITNESS my hand and official seal.
•i Notary Public-California
Santa Clara County �--
My Comm.Expires Aug 24,200
Sign tore of Notary Public
Optional Information
Title or Type of Document: Road Improvement Agreement-RA 04-01160
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries, Inc.
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0649-9665 / 112300: G1189923, $1,100.00, Map & Legal Description
Review LAFCO 05=18, 61-088L, Jonathan S. Drogin, 243.5 California St.,
Berkeley, CA 94703
0649-9665 / 112300: 61189927, $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: G1189918, $5,100.00, Sub 04-08941, Cash Bond, Shapell
Homes, A Division of Shapely Industries, Inc. 100 North Milpitas Blvd.,
Milpitas, CA 95035
(81980:0-0800-. G1189920, $20,200.00, RA 04-01160, Cash Bond, 5hapell
omeA Division of Shapell Industries, Inc. 100 North Milpitas Blvd.,
ilpit , CA 95035
0648-9140 / 112200: G1189983, $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: G1189909, $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 4
0649-9665 / 112300: 61189911, $500.00, RS 3036, Record of Survey
Deposit, Mario & Dinia Navea, 232 Iris Rd., Hercules, CA 94547
0649-9665 / 112300: G118991.2, $500.00, RS 3037, Record of Survey
Deposit, Francisco & Catherine Grace Ale jo, 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, Shapell Homes, A Division of Shapell Industries, Inc. 100
North Milpitas Blvd., Milpitas, CA 95035
0649-9665 / 112300: G1189921, 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: 61189922, $500.00, T8914, .Major Sub Map Check
Fee, Shapell Homes, A Division of 5hapell Industries, Inc. 100 North
Milpitas Blvd., Milpitas, CA 95035
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Kni3 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 Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their
behalf bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the
acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly
adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 21st day of March,2005.
GAsldq�l• tMSUJTq Continental Casualty Company
P . `` ��� National Fire Insurance Company of Hartford
' ror►aoaare _ 0po S�Nt �+atro American Casualty Company of Reading,Pennsylvania
Z
OR s JULY 31,
ov SEAL r� 1902
1897 � 1fAA�� b �
Michael Gengler Sen;707r Vice President
State of Illinois,County of Cook,ss:
On this 21st day of March,2005,before me personally came Michael Gengler tome 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 nam®thereto
pursuant to like authority,and acknowledges same to be the act and deed of said corporations.
OFFICIAL SEAL
suzn rrncF Is
EOTAIIY nss,KATE OF uinr
W COWEEIDN[70E<E:EN17iOE
My Commission Expires September 17,2005 Eliza 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 2005
GAS uq�r %Ksue Continental Casualty Company
National Fire Insurance Company of Hartford
Oor+oORATF n SNC 1 4rrn -� American Casualty Company of Reading,Pennsylvania
Ov SEAL �► !
JULY
4
1897 HRR •
Mary A.qikaj@kis 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 attomeys-in-fact to act in behalf of the Company in the execution of policies of
insurance, bonds, undertakings and other obligatory instruments of like nature. Such 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 attomey-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 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 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 attomeys-in-fact, subject to the limitations set forth in their
respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
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 atiomey-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 17`h 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."
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Knd 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 Harmer,Gina O'Shea,Individually
of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their
behalf bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the
acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly
adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 21 st day of March,2005.
GAS Uq�r1 tK�R4N Continental Casualty Company
National Fire Insurance Company of Hartford
' 00900PAre ; S� O�Tro 6 American Casualty Company of Reading,Pennsylvania
Z s JULY 71,
Gid SEAL � i, � e 1902
1897 IiAR b •
Michael Gengler Sen' r Vice President
State of Illinois,County of Cook,ss:
On this 21st 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 names thereto
pursuant to like authority,and acknowledges same to be the act and deed of said corporations.
OFFICIAL SRJZAEAL �
ftAK= PRICE • I��/�
Ip7A111'7{RC.NATE Of El.
W WIMEEIOM EARE:ON17lOE
My Commission Expires September 17,2005 Eliza Price 0 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 Septeriber 2005
GASr 04SU114, ` aaNroe Continental Casualty Company
�� ,� National Fire Insurance Company of Hartford
6ORp�rF sNt �4rro American Casualty Company of Reading,Pennsylvania
s JULY 71,
Ov SEAL
1897 NARK 0—
Mary A.Rikaiekis Assistant Secretary
Form F6853-11/2001
C
Bond No.: 929 270 281
Development: RA 04-01160
Premium: $14,962.00
IMPROVEMENT SECURITY BOND Alamo Creek
FOR ROAD IMPROVENIENT AGREEMENT RA-1160 (1C) / Casablanca St.
(Performance, Guarantee, and,Payment)
(California Government Code §§ 66499 - 66499.1.0)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal) has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on, or along RA 04-01160 to complete said work within the time
specified for completion in the Road Improvement Agreement,all in,accordance with State and local laws
and rulings.
2. OBLIGATION: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. ,
as Principal and -. National Fire Insurance Company of Hartford , a corporation
organized under the laws of the State of Cr , and authorized to transact surety
business in. California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
A. Performance: One Million Nine Hundred Ninety Four Thousand Nine Hundred and 00/100
Dollars ($ 1,994,900.00 ) for itself or any city assignee under the above County Road
Improvement Agreement, plus
B. Payment: One Million Seven Thousand Five Hundred Fifty and 00/100
Dollars ($ 1,007,550.00 )to secure the claims to which reference is made in Title 15 §§
et sect. 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.
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 (2.13:) above, is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of
any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or
labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fMet
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 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 frilly 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 by the Principal and the County shall relieve the Surety from liability on this bond and consent is
hereby given to make such alteration without further notice to or consent by the Surety and the
Surety hereby waives the provisions of California Civil.Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED:
The undersigned executed this document on September 15; 2005
Shapell Homes, A Division of
Shapell Industries, Inc. , A National Fire Insurance
PRINCIPAL: Delmmre Corp. SURETY: Company of Hartford
Address: 100 N. Milpitas Blvd. Address: 2355 E. Camelback Road, Suite 500
City: lI. 1pitas, CA 95035 City: AZ 85016
By: By: �
�x �- -
Print Name: Print Name: Pamela L. Stocks
Title: A Title: Attorney-in-Fact
�,j� me Name and Title: KleA
G:?G�pDaia�LngSecU^omisU3N WORD?f3N-9.doc
Rev_�1u�ust302003
State of California
County of Los Angeles
On September 15, 2005 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(s) whose name(a) is/am subscribed to the within instrument and acknowledged to me that
he/she/thft executed the same in*ft/herlilftir authorized capacity0as), and that by hwher/tI
signature(s) on the instrument the person(§), or the entity upon behalf of which the person(s) acted,
executed the instrument. n
WITNESS py hand and off* ' I seal.
SANDY HANNER
Commission#1362157
-r Notary Public-Califomia /SIGNATU E OF NOTARY
Los-Angeles County
My Comm.Expires Jul 2,2006
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
(x)
ATTORNEY-IN-FACT
(�) TRUSTEE(S)
(—) GUARDIAN/CONSERVATOR
(_) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
NatinnaLFirp Insuranre Company of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
G-107426-8
NOTICE
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds and certain insurance policies on which one or more of the
Writing Companies identified below is the surety or insurer.
To principals on bonds and insureds on certain insurance policies written by any one
or more of the following companies (collectively the "Writing Companies") as surety
or insurer: Western Surety Company,Universal Surety of America, Surety Bonding
Company of America, Continental Casualty Company, National Fire Insurance
Company of Hartford,American Casualty Company of Reading, PA, The Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
DISCLOSURE OF PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable suretylinsurer deductible.
Form F7310
J) J.
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.
JANICE T.KRUSE ITNESS m hand and official seal.
Corgrnlulon# 1597428 y
Notary Public-California
Santa Clara County
1,nyc0mm.Expreaaug24,2 Sign ure of Notary Public
Optional Information
Title or Type of Document: Improvement Bond- 929270281 -RA 04-01160
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries,Inc.