HomeMy WebLinkAboutMINUTES - 02142006 - C.7 TO: BOARD OF SUPERVISORS C
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: February 14, 2006
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 02-00008 (cross-
reference SD 95-07984), being developed by Shapell Homes, a Division of Shapell Industries,
Inc., a Delaware Corp., San Ramon(Dougherty Valley) area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S)-
ADOPT Resolution No. 2006/ 9;4( for PA 02-00008 (cross-reference SD 95-07984), approving Subdivision
Agreement (Right of Way Landscaping) for project being developed by Shapell Homes, a Division of Shapell
Industries, Inc., a Delaware Corp., San Ramon(Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
PA 02-00008 has been reviewed and processed by Public Works staff and meets all applicable conditions of
approval regarding landscape improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Subdivision Agreement(Right of Way Landscaping)will not be approved.
Continued on Attachment: ✓ SIGNATURE: '
_✓RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
(::;Vr-
SIGNATURE S
ACTION OF BO ON �tumy 4 APPROVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VOTE UPERVISORS t/0 minutes of the Board of Supervisors on the
UNANIMOUS(ABSENT /-" )
Adate shown.
YES: NOES:
ABSENT: ABSTAIN:
LL:rrtt ATTESTED:
G:\GrpData\EngSvc\BO\2006\02-14\pa 02-00008 BO-16.doc JOHN SWEETEN, Clerk o the Board of
Originator: Public Works(ES)
Contact: Teri Rie(313-2363) Supervisors and County Administrator
cc: Public Works- Construction
Current Planning,Community Development
T—December 17,2006(P 1)
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:Pamela L.Stocks
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 14, 2006 by the following vote:
AYES: Uilkema,Fiepho,DeSauinier,Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006/ 6�
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 02-00008
(cross-reference SD 95-07984), being developed by Shapell Homes, a Division of
Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area.
(District III)
The following document was presented for Board approval this date for PA 02-00008
(cross reference SD 95-07984), located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Right of Way Landscaping) with Shapell Homes, a Division
of Shapell Industries, Inc., a Delaware Corp., developer, whereby said developer agrees to
complete all improvements as required in said Subdivision Agreement (Right of Way
Landscaping) within two years from the date of said agreement. Improvements generally consist
of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $16,500.00
Deposit made by: Shapell Homes
Auditor's Deposit Permit No. and Date: 455576 December 8, 2005
LL:rm I hereby certify that this is a true and correct copy of an
G:\GrpData\EngSvc\BO\2006\02-14\pa 02-00008 BO-16.doc
Originator: Public Works(ES) action taken and entered on the minutes of the Board of
Contact: Teri Ric(313-2363) Supervisors on the date shown.
cc: Public Works- Construction
Current Planning,Community Development ` / �
T—December 17,2006(P1) ATTESTED: >�a�yy �
Shapell Homes
100 N.Milpitas Blvd. JOHN SWEETEN, Clerk of Mcard of Supervisors and
Milpitas,CA 95035
Attn:Sam Worden County Administrator
National Fire Insurance Company of Hartford
2355 E.Camelback Road,Suite 500
Phoenix,AZ 85016
Attn:Pamela L.Stocks
By Deputy
RESOLUTION NO.2006/ ��"'
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 02-00008
(cross-reference SD 95-07984), being developed by Shapell Homes, a Division of
Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area.
(District III)
DATE: February 14, 2006
PAGE: 2
II. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929270291 November 28, 2005
Performance Amount: $1,629,600.00
Labor&Materials Amount: $823,050.00
Principal: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware
Corp.
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way
Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOL UTION NO. 20061
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code §66462 and §66463) a/i /oG
Subdivision: PA 02-0008 (x-ref SUB 7984) Effective Date: two
Subdivider: Shapell Homes, A Division of Shapell Completion Period: . 2 year
Industries, Inc., A Delaware Corp.
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
Maurice M. Shiu, Public Works D* ector
/�/&
By: (signature) IV
(print name&t le) ^_
RECOMMENDED FOR APPROVAL:
By: (signature) -
2
Engineering Service DI10 (print name&a fie)
_FORM APPROVED: Victor J. Westman, County Counsel
(NOTE:All signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code§313.)
1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and the
above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider 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 subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code§§66410 and following), in a good workmanlike 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 Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Code, provide as security to the County:
A. For Performance and Guarantee: $ 16,500.00 cash,plus additional security,in the amount of
$ 1.629,600.00 which together total one hundred percent(100°/x)of the estimated cost of the work. Such additional
security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 823.050.00 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 Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider 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. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and
other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant
establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any
respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. " The inddImnities benefittbd'and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,offi t�;agents,and`emptoyees.
B. t-,,TiDe,liabilities protected dainst�are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions def+ned beldw,and`kh ludirigpersonal injury,death, property damage, inverse condemnation,or any combination of
these, and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said
improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),orother proceeding(s)concerning
said liabilities and claims.
C. The actions causing liability are any actor omission(negligent or non-negligent)in connection with the matters covered by
this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconductof
any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and
subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract,overhead,etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the
County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work, Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in
territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter
of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
:kw:lap
GAGrp0a1a%EngSvcTarmsWG WORDWG-30A.doc
Rev.May 18.2001
i
a
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On December 1, 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.
r .b4NICE T.KRUSE
Cofftmisaion# 1597428 WITNESS my hand and official seal.
Notary Public-California
Santa Clara County
MyCof vn.E)0msAug 24,!A_
Si ature of Notary Public
Optional Information
Title or Type of Document: Subdivision Agreement-Tr. 7984
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries, Inc.
COUNTY OF CONTRA COSTA
r *' !DEPQSIT PERMIT .t
OrdFOitt6P.,.c6UNtY!AubfrOR'CONTROLLER
!MA NEZ;CAL'IF.ORNIA
`TO THE TREASURER
.(RTI
RECEIVED FROM
-,. •- - ,_ .. _ rORGANIZATION NU%vlBER ..
!ffd,Cash'Collechon Procedures:see CounfiyfAdministiators�Bullehn 105?) 4
i
i (DESCRIPTION ipUNDJORG , r TASK OPTION /ACTIVITY AfMOUNT
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EXPLANATION- TOTAL
rtt Ll� ra �3t !¢ lrr DEPOSIT t t
Depositrcorusfis of the following
�'�-r' iC°� ✓1� t /fl t !j C? � [1 1' L.?'_(7.-1 ? r COIN CURRENCY
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CHECKS,M.(:,ETG.
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ANK DEPOSITS: .. .
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DEPOSIT
j 1,,� f t ^�}
ri f�r �t..i f t. ".Y`I �" NUMBER '.
175& V +
ASSIGNED11 �€A
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} The amount of money described`above,is for` l�reasurer"s receipt of above amounf is approved Receipt of above.amount is heieli
"deposit into the County Treasury acknowledged.,
Signet ti 2&. Dafef
Title ' f' F EX _ De� p County A Deputy County Tre
uditor usurer
D:34:REV,.(7-93) }
COUNTY OF CONTRA COSTA`.;ti r y r
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(for. Collectwn Proceduressee County Administrator s•Bulletm 105)}
DESCRIPTIONS FUND/ORG AC��T` TASK; OPTION% ACTIVITY AMOUNT,
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;he ismounv'of descnbed above Wfor, "`" Treosurer s receipt of above amount is approyedr Recei t-of above dmount is hereby
p . �
deposit into tjhe County fre6sury,, E:acknowledged
C ... . _
9.. »,.._ Signed
1s1[ L� EXT - -} �F. 1 t?eFwtyiCounty,,Auditor ': Deputy County Treasurer
y COUNTY OF CONTRA COSTA
:.'DEPOSIT PERtAIT 3
OFFICE, COUNTY;AUDITOR=CONTRCltLER:
REASURER.
£MARTINEZ CALIFORNIA
1,V D,
ORGANIZATION.NU"ER,..
- '{tom°tt'hO^)- .. _ .. _ . .
' _ -;(F,or Cas_fi;Co4iection;ProceduresaeeGounty�Administrcitor,'s&iliefini105.} _
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DEPOSITi
Deposit consists a the following items
COIN and CURRENCY $ - -
CHECKS,.M.O;ETC. $BANKDEPOS[T5 $ I
- FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT.
_
PERMIT r D�►
NUMBER
ASSIGNED . -
mouo
nt f �s fo
money described above r Treasure
ar'sreceipt:of::above amount is,approved: Receipt of above an o is hereby
,deposit+ntq the County Treasury. -6cknowledgeed i
Signed: Signed:
/: tM Count Auditor De of Count Treasurer
Cl v
Dept y Y p Y_ Y..
N,.(7:93) i !
COUNTY-OF CONTRA COSTA "
f r DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER`.
,, YREASURER +" MARTINEZ,CALIFORNIA":
DIVED FROMV It '
-•- �� ORGANIZATION NUMBER
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Sul. .
1.
DESCRIPTION, FUND/ORG: TASK OPTION ACTIVITY / .AMOUNT
ACCT. '
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PLANATION: TOTAL $ 1 y.
DEPOSIT 1
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $ ti
.� FOR AUDITOR:CONTROLLER�US/E ONLY
E IT �P �
PERMIT
NUMBER
DATE •
ASSIGNED
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'
Date
Signed: - Signed:`'' f �� —•"``'-~�`
Ibl/ EXT.' 2 .3 Y t` Deputy:County Audi Deputy County Treasurer
!EV.(7-93}
819800-0800 : 61190172, $1,000.00, DA 03-00031,Cash Bond, Shapell
Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035
819800-0800 : 61190174, $16,500.00, PA 02-0008, Cash Bond, Shapell
Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035
819800-0800: 61190176, $1,000.00, DA 03-00020, Cash Bond, Shapell
Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035
0649-9665 / 112300: G1190173, $7,540.00, DA03-00031, Landscape
Improvement Inspection, Shapell Insustries of Northern CA, 100 N. Milpitas
Blvd., Milpitas, CA 95035
0649-9665 / 112300: G1190175, $77,570.00, PA02-0008, Landscape
Improvement Inspection, Shapell Insustries of Northern CA, 100 N. Milpitas
Blvd., Milpitas, CA 95035
0649-9665 / 112300: G1190177, $3,590.00, DA 0020, Landscape
Inspection, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035
0649-9665 / 112300: 61190178, $500.00, R53052, Record of Survey
Deposit, DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, CA
94526
0649-9665 / 112300: G1190179, $500.00, R53047, Record of Survey
Deposit, DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, CA
94526
0649-9665 / 112300: 61190180, $500.00, R53048, Record of Survey
Deposit, Sharon L. Sneary, 11 Castle Crest PI, Alamo, CA.94507
0649-9665 / 112300: G1190181, $500.00, R53051, Record of Survey
Deposit, Sumon Mazunder, 856 Acalanes Rd, Lafayette, CA 94549
Subdivision: PA 02-0008 (x-ref SUB 7984)
Bond No.: 929 270 291
Premium: $12,222.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREE ME'NT
(Perfornlance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. . RECITAL OR SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping, and other related improvements in Subdivision
PA 02-0008 (x-ref SUB 7984) as specified in the-Subdivision Agreement (Right of Way
Landscaping), and to complete said work within the time specified for completion in the Subdivision
Agreement(Right of Way Landscaping),all in accordance with State and local laws and rulings thereunder,
in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: Shapell Homes. A Division of Shapell Industries, Inc., A Delaware Corp. as
Pa'incipal, and National._Fire Insixance Cot wy of Ilart;ford , a corporation
organized existing under the laws of the State of Cr ,and authorized to
transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs,
executors, administrators, successors, and assigns to.the County of Contra Costa, California to pay it:
A. Performance and Guarantee: One Million Six Hundred Twenty Nine Thousand Six Hundred
and 00/100 Dollars ($ 1,629,600.00 )for itself or any city assignee under the above
County Subdivision Agreement,plus
B. Payment: Eight Hundred Twenty Three Thousand Fifty and 00/I.00
Dollars ($ 823,050.00 ) to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. CONDITION:
A. -The Condition. of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to
all.d'—;bide by, and well and truly keep and perform the covenants, conditions and provisions-in the
said agreement and any alteration thereof made as therein provided,on is or its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee), its officers, agents and employees,as therein stipulated,then t4is-obligation slVtll become
mill and void; otherwise it shall be and remain in frill force-and effdck`,:'`
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding tine amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety fi-om liability on this bond; and consent is hereby
given to make such alteration without further notice to or consent by Surety; and the Surety hereby
waives the provisions of California Civil Code Section 2819, and holds itself bound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on November 28, 2005
Shapell Homes, A.Division of Shapell National Fire Insurance
PRINCIPAL: Indust-ties, Inc. , a Delaware CoriSURETY: Company of Hartford
Address: 100 N. Milpitas Blvd. Address: 2355 E. Camelback. Road, -#500
City: Milpitas CA Zip. 95035 City: Phoenix AZ Zi 85015
By: By:
Print Name: & Coy- Print Name: Gina O'Shea
Title: 5 C'I CM Title: Attorney-in-Fact '
By:
Printed Name and Title:"
»W
\\PWSRSHi11Zl)A'1'AKiipDalallaigSciFonnsl3N WORDVIN-12A.doc �/
Rev.Jim}17,995),4' v
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
n
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 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 12th day of September,2005.
r,ASUq�r V14SUR Continental Casualty Company
National Fire Insurance Company of Hartford
cOAPOR►Ye $�Nc Morro American Casualty Company of Reading,Pennsylvania
Ou SEAL d < JUlsot
s '=
1991 MA11
Michael Gengler Sen' r Vice President
State of Illinois,County of Cook,ss:
On this 12th day of September,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'
i MARIA M.MEOINA
. Notary Pudic.Stow of 115AN
mis • ✓ ' 'L• • � �
i MY Commission Eapiraa 3116lDi
My Commission Expires March 15,2009 Maria M.Medina 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
28th day of NayremhP,r 2005
oAsu��r 1NSt1R 40 Continental Casualty Company
National Fire Insurance Company of Hartford
u�PORA*e 1 �� %*CW arto American Casualty Company of Reading,Pennsylvania
F •
Z - a JULY 11, `
Ou SEAL � '�, �e 1902 •�
ISO? HAAS
Mary A.Rtbikalgkis 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 Attomey-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 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 Attomey-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 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 17a'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,Attomeys-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 Attomey-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."
State of California
County of Los Angeles
On November 28,2005 before me. Sandy Hanner-Notary Public
Oats NAME. TITLE OF OFFICER.. "JANE DOE. NOTARY PUBLIC"
personally appeared Gina O'Shea
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) isheee subscribed to the within instrument and acknowledged to me that
koe/she/tom( executed the same in)his/her/*a*authorized capacity(W), and that by hiss/her/tl wk
signature(as) on the instrument the person(g), or the entity upon behalf of which the person(s) acted,
executed the instrument.
SANDY FiANNER
WITNESS y hand and Ial seal.
aMyCommission#1362157Notary Public-California / SIGNATURE OF NOTARY
Los Angeles County
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)
Natinnal Fire lnsuranre ComILy of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
G-107426-5
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
• ,.
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On December 1, 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.
ANICE~t KRUSE
Commission#t 159742 I WITNESS my hand and official seal.
Notary Public-California j
Santo Clara County
MY Santo
EVIresAug 24.2004
Sign ture of Notary Public
Optional Information
Title or Type of Document: Improvement Bond 929270291 -tr. 7984
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries, Inc.