HomeMy WebLinkAboutMINUTES - 10102006 - C.8 N
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TO: BOARD OF SLPER�'ISORS Contra
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FROM: M_MI CE -M. SHIL_ PUBLIC WORKS DIRECTOR 1-.'�- �� < Costa. i
DATE: October 10, '-006 'ice
° N County I
cc Wit'
SUBJECT: Approving the Second Extension of the Subdivision Agreement for Subdivision 96-08002, for j
project being developed by Shapell Industries of Northern California, a Division of Shapell j
Industries, Inc., Danville area. (District III) i
SPEC!r:C REQUEST:-SI OR RECOMMEND AT ION;Si be BAC CROUND AND JUS-A.—CAT ION
RECOMNIENDATION(S):
ADOPT Resolution\o. 2006for Subdivision 96-0001 approving the Second Extension of the
Subdivision Agreement, for project being developed by Shapell Industries of"\orth to California, a Division of �
Shapell Industries. Inc.. Danville area. (District IIT) i
FISCAL IMPACT:
II -
None.
BACKGROUND REASONS) FOR RECOMMENDATION(S):
The developer has not completed the warrant-period and the Subdivision Agreement has expired. i
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CONSEQUENCES OF NEGATIVE ACTIO\:
The Subdivision Agreement (guaranteeing completion of the improvements will not be renewed. �
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Continued on Attachment: ✓ SIGN TIRE: (�j�y�"✓
/-RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
�APPROVEOTHER
SIGNATCREiSI:_
ACTION OF 8 A O\ d e Oic APPROVED AS RECOMMENDED OTHER i
X-0TE F SUPERVISORS . /' I hereby`certify'that this is a true and correct
,�/ LNANIMOtS(ABSENT /I/®"C� I copy of an action taken and entered on the �
AYES: -NOES: minutes of the Board of Supervisors on the i
ABSENT: ABSTAIN: date shown.
l _ :ATTESTED: 4a/gw54r'
Ori_inalor. ?at::' _rs e-=l
Ccn[acr. --Ri: JOHN CL-L.LE\, Clerk of the Board or
Supervisors and Count-Administrator
BV Depute
•,iE CA 9=_•3_
A=:Sia`V z-dn. .
.Cl...;C.. r1:-^�ry.2'•.-O: -x3_.?A
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AtT.-"-..-..c_ S:_c._
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 10.i, 2'006 by the following rote: �
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AYES: unema.Piepho. DeSanlnier.Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006. 4;
SUBJECT: Approving the Second Extension of the Subdivision Agreement for Subdivision 96-
0$00_I for project being developed by Shapell Industries of Northern California. a
Division of Shapell Industries, Inc., Danville area. (District III)
The Public Works Director having recommended that he be authorized to execute the second
agreement extension which extends the Subdivision agreement between Shapell Industries of
Northern California.a Division of Shapell Industries,Inc. and the Count-for construction of certain i
improvements in Subdivision 96-08002, in the Danville area. through March 26, 'LOOS: I
o APPROIL%IATE PERCENTAGE OF WORK COMPLETE: 100°
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e ANTICIPATED DATE OF COMPLETION: December 2006
o REASON FOR EXTENSION: Completion of«arrant -period.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director �
is APPROVED. i
�,-- I:.erebv certify that this is a true and correct cope of a. action.take".
aand entered on the minutes of the Board of Supervisors on the date
- Or eirator: ::errs f'--i
sho«-n.
Contact: ' colo
ATTESTED: &�d�-rf /b� q?4&o:1g
cc: - ''N-C--^t'- -n JOHN CULLEN. Clerk of the Board of Supervisors and County
r=Y.L.. :_:
-_- -- ,5 _':_ ; Admtm_trator
4Y2- n:`ar ,,
.. r.._n- -[72c _.PA B\` .Deputy
- La:ti:Ja �i2_a-,- ..__ -
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RESOLUTION NO.2006.. 40
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CONTRA COSTA COUNTY
SUBDIVSION AGREEMENT EXTENSIO'
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Development Number: SD 96-05002
Developer: Shapell Industries of Northern California,a '
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Division of Shape]]Indusd-ies,Inc. I I
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Original Agreement Date: March 26,2002 ' I
Second Extension New Termination Date: -larch 26,2008
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Improvement Security
Surety: American Casualty Company of Reading,PAI
j Bond No. (Date): 929206140 (February 21,2002)
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Securitv Tvpe Securitv Amount i
Cash: S 66,440.00 (1% cash, 51,000 Min.)
Bond: S 986,634.00 (Performance) i
S 3,322,000.00(Labor&ilaterial) J
The Developer and-,he Surety desire t is Agreement to be extended t ro ghi the above date;and Contra Costa Cou ty
and said Surety hereby ag:^^t as lc:tcwledge same.
Dat_d: Dated: August 29, 2006
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POR CONT-R-A COSTA COUNTY De elol is '.grature(s)
Maurice M. Shiu,Public Works Director 1�5 S � ZC
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By: � P•inted�
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De pe_ Sit ature(s) ,
RECOMMENDED FOR OVAL.:
By: Printed a I
(Enginee.0 g S vice D vis an)
100 N. Milpitas Blvd., Milpitas, CA 95035
Add--ss j
American Casualty Company of Reading.Pennsylvania
(:'VOTE: Developer's, Sur•ett's and Financial Surcty or Financial Institution
Institution's Signatures must be n'otarized.) Camelback Road, Suite 500. Phoenix,AZ 85016
RY21I APVRC".-D .:.:al:;�z.v._ -C .¢- Address - I
4 fen Arrrerri Regan rr Cc.n ol;he F,n.+.rd
At: --ev'ri'arts 3-mna--c
Pamela L. Stocks, Attorney-in-Fact
Printed
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I CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT �
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State of California
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Count- of Santa Clara
On September 1, 2006. before me, Janice T. Kruse. Votary Public personally appeared
Robert D. `loore and Ken Cot known to me to be the persons whose name are i
subscribed to the within instrument and acknowledged to me that they executed the same i
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.
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JANICE t KRUSE i'
WITNESS my hand and official seal.
Commission# 1597428
Le
Notary Pubic-California /J
�nll
a CountynAAy Ces qug 24,2009
Sign ,lure of\otary Public
Optional Information
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Title or Type of Document: Subdivision Agreement Extension SD96-08002 �
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries,Inc.
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State of California
County of Los Angeles
On August 29, 2006 before me. Sandy Hanner-Notary Public
Dare NAME, TITLE OF OFFICER.. -JANE DOE. NOTARY PUBLIC'
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personally appeared Pamela L. Stocks I
NAME(S) OF SIGNER(S)
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(X) personally known to me - OR - (_) proved to me on the basis of satisfactory evidence to be
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the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
tie/she/ttltlfbt executed the same in:tlis/her/tfair authorized capacitypes), and that by kia/her/WAU
signature(s) on the instrument the person(t)% or the entity upon behalf of which the person(s) acted,
executed the instrument.
A
WfTNES my hand and official seat.
SANDY BANNER
Corm 310n i 1672602 s � -
Notary Pubic -Caufomlo g SIGNAVURE OF NOTARY
j las Ang61e{Canty - I
L My Comm.E>ax,es JW 2,2010OPTIONAL
Thoughthe data below is not required by law, it may prove valuable to persons relying on the documen
and could prevent fraudulent reattachment of this form. i
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CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
(_) INDIVIDUAL
(_) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
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(_) PARTNER(S) (_) LIMITED i
GENERAL
NUMBER OF PAGES
(-.x-) A'rl'ORNEY IN-FACT
(_) TRUSTEE(S)
(_) GUARDIAN/CONSERVATOR
(_) OTHER
DATE OF DOCUMENT
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SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Casualty Company of Reading, Pennsylvania
SIGNER(S) OTHER THAN NAMED ABOVE
G•ro7.26-6
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Recorded at the request of: STEPHEN L, Whim, G 1erK-Keeoraer
``"r: "'-"C"-:s DOC— 2006-0330972-00
Bard__Soper=aaa Return to: Wednesday, OCT 18, 2006 15:04:03
Nbiiz or:::Ce_artcert FRE $0.00
E.-, .eenr:_Se..ces D:::':" Tt 1 Pd $0.00 Nbr-0003441945
Irc/R9/1-15
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA �
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Adopted this Resolution on October 10. 2006 by the following rote:
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AYES: Uilkema. Pieplto. DeSatdnier. Glo,er and Gioia I
NOES: None
ABSENT: None i
ABSTAIN: None
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- RESOLUTION\0. 2006;
SUBJECT: Accepting completion of improvements. approving a substitute Subdivision
Agreement. and declaring Curtis Court and Camino Andres widening as count
roads. Subdivision 92-0 131. for project being developed by Bay- Point Partners
LLC. Bad°Point area. (District V)
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These improvements are approximately Iocated near the intersection of Willow Pass Road �
and Pon Chicago Hiahway.
The Public Works Director has notified this Board that the improvements in Subdiv=ision 92-
0--12 have been completed as provided in the Subdivision Agreement with Affinity Land and i
Construction Company.Inc..heretofore approved by this Board in conjunction,,ith the filing of the �
Subdivision Map. i
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omi.".' ""-`NI hereby- certif-,- that this is a true and correct copy of an
Rxc.Mi.-to bei•mpkt<d b,C:..b„rtbt Bard action taken and entered on the minutes of the Board of
„yT. _ Supers tsors on the ate shown.
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Lit«.._r_:__r.aI%c ATTESTED: Car /O eQ-o'
JOHN CLZLE\, Clerk of the Board of Supervisors and
Count-Administrator
_.-n.CA
?_ _ CA>___. By - Deputy
Aff=J Ls-
%Bci
xC-
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:H A= _
RESOLUTION NO.2006' lP —
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SUBJECT: Accepting completion of improvements. approving a substitute Subdivision
Agreement, and declaring Curtis Court and Camino Andres widening as count-
roads. Subdivision 92-0--113, for project being developed by Bay Point Partners
LLC. Bay Point area. (District V)
DATE: October 10, 2006
PAGE:
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NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of October 10. 2006 thereby establishing the six-month terminal period for the filing of liens in
cast, of action under said Subdivision Agreement:
DATE OF AGREEMENT SLRETY"
July 20, 2004 American Contractors Indemnity Co.
BE IT FURTHER RESOLVED the payment (labor and materials) surety for S129,800.00, �
Bond to. 222082 issued be the above surety be RETAINED for the six month lien guarantee period i
until April 10, 200 1, at which time the Clerk of the Board is AUTHORIZED to release the surety I
less the amount of anv claims on file.
BE IT FLRTHER RESOLVED that the beginning of the % arranty period is hereby
established. I
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The Public Works Department haying also notified this Board that these improvements have
been completed with the exception of minor deficiencies, for which a substitute Subdivision
Agreement with Bay Point Partners LLC was presented for Board approval to insure correction of I
punch list items and application of reclamite.
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Said document,,vas accompanied by the following:
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a. Cash deposit(_auditor's Deposit Permit\o. 1203048, dated August 24,2006)in the
amount of S 1.000.00, made by Bay Point Partners LLC.
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b. Additional security in the form of a Letter of Credit dated September 8. 2006 and I
issued by Diablo Vallev Bank (Letter of Credit\o. 1017) with Bay Point Partner
LLC as principal, in the amount of 519,000.00 for faithful performance and i
S10,000.00 for labor and materials.
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NOW THEREFORE BE IT RESOLVED that said substitute Subdivision Agreement is
APPROVED. y
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RESOLUTION NO. 300611
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SUBJECT: accepting completion of improvements, approving a substitute Subdivision
agreement, and declaring Curtis Court and Camino Andres widening county-T! counI
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roads, Subdivision 92-0713, for project being developed by Bay Point Partners I
LLC. Bav Point area. (District V)
DATE: October 10, 2006 I
PAGE: 3 j
BE IT FURTHER RESOLVED that the Subdivision Agreement with Affinitv Land and I
Construction Compan, Inc., as approved by the Board on Jul- 20, 2004, is TERML\ATED, the �
improvement securit}-bond with American Contractors Indemnity Companv is EXONERATED and
the Public Works Director is AUTHORIZED to refund the cash deposit(.auditor's Deposit Permit
No. 42'254, dated June 30, 2004) in the amount of S2,596.00, plus interest in accordance with
Government Code Section 530%9,if appropriate. to Affinity Land and Construction Company,Inc. i
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BE IT FURTHER RESOLVED that Curtis Court the hereinafter described road, as shown '
and dedicated for public use on the Subdivision Map of Subdivision 92-0. .13 filed August=I,2004,
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in Book 46 1. of maps at Page 9, Official Records of Contra Costa County, State of California, is
ACCEPTED and DECLARED to be a Count•road.
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Road Name Road-RiW Widths Road No. Svstem Lenahs(Miles)
Curtis Court 523 5385C2 NIU. .06
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BE IT FURTHER RESOLVED that the widening of Camino Andres is ACCEPTED and
DECLARED to be a County road:the right-of-way was conveyed by separate instrument.recorded I
on August 4. 2004. in Book 46 of daps on Page 9. �
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RESOL C"TIOA--yo. _2006/ ��s I
1Ur.C' .-Wwv
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SUSDM- SION AGREEMENT !
:Gov.Cee.§¢66432 see t?6a89:
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subdWklon s� q�-c7lt5. r Ef dveWm: i
SubdWlder. t3o-u 2ardwi.€/S- Li—& CompetionPeriod; 1 PAre,
THE SE SIGNATURES A--MTFFEPARTIETAGREEMENTHERETO. I
COFTRA COSTA COUNTY S YapaE��
!AaYn09 M.Shit,FUSie:Nic�rio��/O/iggreeOor -T�� - I
Pdr?harms
RE ONMENDED FOIZi APPROW-- �.vr_(�j� �5 adn!Tga
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rigumomtg Sam=ukmqg a*tTrJe
FDRMAPPROVEO SlWoB.MarchogCourcy Courue' tfn—AdsgneesnquateeadgmaAedAed.NSuhdMderlsImcm arabd,twcmm I
awar be IwAd ey be cdloara The!w4flamm mist N Nat of the t:u"N"of me
haerer pm-led,o-vtreymWw,-Imsarandstjtarperrrmtbethetoftteomwq.
ass.msamalary.d4effygAdalldlk#,OrWA mlt MSumr.(CIV.Cotle.§±10G W
Come.Cede,§313.)
CERTI ICA?'_OF ACKNOWLEC.G*W I
Sta`5of:aibmla - ! I
COImbor loe -L
On dvt data w fun below.btlme Pie,the undemgned Notary orrblc,pamlaly appeared Ata pemmm eipnrlg abwelor .` +c/70/it/r �pelxoelly
wwnmrm("nmdbpmonto basis ofsaJsfamyevlderlae)lobe ba:pown(s) ose,nime(s)101830*WbedtoftWNSrId55renEntardeamoaNedgedtomethelhmsbeAiley
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Ah nKb courtly
DARTIES B DATE.Ete:Gve an me abovEdvK hMuThy ecalwaa• snd7ra ettova ma rCan�Susdlvlaer Tuw7 iY prpnsaend agr�
as fQf!Dw mnwm!:y me SuDavisror
2 rMPROVEV.ENTS.SootodMderngreestorgmBtsaletntbedbnb•areraenB(hotllpuNlcendpdvarel.arairag/nlplovererm,algrm�eetFgtrsfmty�dratle;,�anasraCngax
amhuLrerftwM"fnaudl%appuMnammulpmeMasrequredbrmelmp7venaf lc usbrNrSusdWaianasn?adsrtmderamfieWmt"Car". COM Col:nWP.bWWON i
DepBrx*;t as MWkW by the Cenddarts of Appn%W for thm Suarfly W,am in card rnarm vdlh to Carobs Cmc Cantly O! tlanm Cane.! *ft future entatlne tb umrsW
SubdWorshal cmeb MM MoprovemarN whin N aboro ancpierga period imm uIc hereo-m Mqt ivd by the Catomle SYhdNbwm Map Ad;Gov-
:ode,§¢U41C OL mg.)in a good naslctmnrre mender,In amomeree mod-,er=pard emmrttrdlon Warner and In a Rw.fwsqual orsaperlat m Re mqufaMWM of me 0.7rnertea Cods
and Ciro made thereunder,and v&am mora Is a coMtiCamo%ale Immw and Plans,Our Cardtlans ofAperaval and to Orumance cow."slndr mmqu6pmerrm sum;govern. -
3. 4!PROVEMENPS SECURRY.Upon nemb-I Oft Agmmmrt rhe 6Ybt%ftr Val,Pu umntto Gov.Cade S W-99 mul lh5:.aary 0•e1ranm COW.Drovlda as wordy to
Ms c1m y.
A. For Parb-mceandausm"t $ 101000toceab..o-useatl!ta•:etsmodw.mftamartCIS l9�� Wfthmgemerbtamewwared
tleraant;l l0'h;#t19 es'19aled pcat of due Wc•k
Such addlAerol sem!my 9 msenbd.n the inn of -
Cash,C&LxBtl rJtaGco•caasriers ehedc
Ameplebia COMOMW sarety bong
Y ACMtOWS Revocable I@W of rUit
W.1h ftsang.SubdvoergucraMmespefemenee.rve•.areAgmama'.tandmentenarrceofftWekrcrace ywsftbearrpWar,and a=9310nceaga!nstecyde:ecave
waft shIP o-frmft s or a-,v unsar9fe:Wy pel manc-
E. Far Pertsrr, $eprity:a b;a emarrf S 10,000 40ra" ,w":Ii:t•33ty percent(5011)o'Ne eabMe!el mS a!ore Work SuCh SMON 5 prmnleC i•Me
'o!•r of
Cas ceti::ed ettbcic.cr rashers vem
A=otab!e=mate mvV ped. - Form Aeoroved ey:curly Owns
Y Accepmbt1Rmvdcabfalate•0CrWl. IRs+.901
Page'e'2
Witt tris 6a=ley.Sunamner guararmes nayrrwrm ar conuracmr.ton Duecorencmrs erre',mum re'rrg eeapm'_+t or iuT'Shmg later O'rrdts as In t -ar m'Mr
Suodlv�w.
:loon accob2noe of the Work as comc'ats by me Board of Sccervlaorb and UM-so_uesl or SuhdIvoi me amturts tete as eeadty may be reduced n aw.dance x11.1
Se00rs 9"-A06 ant 94.4.4106 cf me Ord'nanbe Coca.
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a GUARANrEAND WARRANTY xWORK 5etdlNderguarnmidewnatNaWomaheldefree for..-slaciar.memraorwarldrw�nand;halWarm ss:a'a *k—,ra I
Period Of one{i)yeaftnwdalxrtneUomdSJoerymft6da064rawarnas"IN M11000'da1CIN,**AANCISW43,'ACQd %lD,'afMeOrd!nanC11Coce.5aad4sr8pRrsC I
=rete meas,or rephaco.at Subd-v.m&s expense.any deft%m said Wax. I
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:he guarantee period can w.appy to road apmemehu tor pensee roads fie:am nae to be Armand'.-1m me:aunty road system.
S. PLANT ESTASLINVIE fTWORR Sutdifideregre9:opwformpfantas`atlishmardworkfcrlancsteprgNsla9eduetlrNlsAgr9en+cot Said pnnteMbr;sW.Mworaahpi
mrsatet amuretery wamong plants,tepeong unsuilatta clarrty.doing weed,mtlent and ofner past cob and dmwm demminod byte pubEC Wadua Deoamned Laos rtedwery
m mr surra Bsmbnsf:stmn a elaMs. Sam aiam ea^ddlshmJKweA snail b9 pmIOMW tar a MM of ora(1)yearfMM apd hearts Board d Superrrwors=MtS tae Worn ex mmple'a.
1. INFOROVEUENTPIW WARRANTY.$YhdKaafevhvrenn the hmmcverneM Dimts:ardre Wax raade7hram aarsplTl3h tfaWWia6�C'^.76dt7 aedx2D'd Bs'Bmrirer
ay the Condtlunsa!Aporavalfmme5ubdvsiam If e:mrysmetw�'ire;reBoeatfSupervleotsauxeoe'taWdrcasm"tpletsardndngtta:neyaargueentaeaenod.fa0+rotveren
clans crave tote Isaaaeum N any respect BubtlMdershall mase wnelever atanges are narassarym accomaart the Went as pxmtsee.
7. NO WANEF7 l3fr C0U.NtY. IrspeC,roflddr9
Work IV&maleriBG.araparbvitl of eta ware armatra�vts Or ifL'&raa!byary dtl�r,Bgeft trasrpCM dl le CEur4r
'IfiC rtgereWomcronypar;enereotm!mieswith9tatequuamenaofIFdsAgreemennt,oracceptanceofdtewnokaranydarofsemWoritandlormaterals.Mpay.-PaRSt11!-ft.aegy
mmehtalldn cr all Of%cost asps,snap amt ratiM Me Subdivider C R ghlgalbn m fuRt this Agreamentas prreabod;wsra",The County he thereby stopped eam cri vs env 0rt2n'a
dema993 a;V from the Mae to cDrr*wt any o±1he torten and conditions herec'
9 !NDE.V-y^Y. 5utdKcssnaaae!en:,rtidcow4awand Inter-nnoatamdewiffi gf:cmStei'ab!.'Sesesm"ad:aacsfor, I: I
A. Tre rdemmlowowatgadart totadadbytots crottiaeo,9MeCounty and its 6psdaidw%.98cmand atmomdveheards.co'nmosior's,cllim%apmeer
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B - The bb-ft ptomcad agmrat are any ll"lly dr calm for damage of arty)d nd allegedly suffered.I^Cialed or Itteowned beam 01 Mens cefned betas,ar: I
-neuwmpmexnalInlary.dear.,properydamage.Imresecarcentru tort.orenyroptb'natlendtnase.and regrudMssai*%Oarornotsuch9abft.calmordamo;ewin urlafeamtae
marry aft before County raviaued raid h arevemem plans wacrapted ere Warr aid comp-am,and utacdmg tradeierne darty raa(s).admr(s),or of".w proxedi 1011)odrramug sal
ab!6as and arms
C. Tboactimmmlisibi' are my saw omeew(neglgenl cr nor Vgld)er0 F tornl*fl wWr tcb matOBta f VVW try due kgreams^.:and e:buaIhe to
"aubdnrtle:.c;.nbetcor,suhcor.7acm-,a mry oBcer.aged,ole:ualloyea d one r"more of coma. I
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Nrrl*sdh-dns.'"cript'Saadcag rdbtn aard9aandertd111yg drub:a"IrdemaUsehascrEparedwiped.ran-Vin
ssyp�j181drap .®tld!:'s!'nem^er7drhwbn tYdtkorS oh Bfil�su emnctl JSnWLleting8 pf"resemetara.b•twt'hdallegaedallQ980emedpe!W
t:: ;myn9g'9entcrwpRulr^6pncd totarrylndemptee � � -r �m:;zf mss'
9. Cas-S.SulydvfdesnaaPay WPM due.anNe r e k ttefr _ irt_acj,r�(s'�ed}q,[tl� f ayexlpmgbd'ta numdroalawshY.Inepe'drshlamnel
eosareas�andarrsrmanYneuasdtyCaur�satlargrg cosmlareorespiratdndanyacpwaDowarsgrPat"
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13. SJRV=YE. SLbdiv:carsnall sorand esmbrd survey i mmunw s it amordasca wA the ft rm and of tm ubtcibq d'Jm Cotmg Reed Commosaw cunorw efdr.
eeeea'mhe9 a fro wcm as complete dytt9 Beard e'Supetvaxa.
hON p RFORMANC_ANO COB'S- If Sumawnerb9s In oaroquis thsWorKW.jh the the sdedBed In fii AgreemarrL and subsequent exteManrs.or tab to haunter,on
work Caany bey proceeatp tenpin!!e11aror-adman:te Werk by Gntauuu tete trice and Subd wear agraaa m nyad maasn:t entrees 9hmmad fry Cowry Wciu r'1;,adcd grisd
d1,eng naw-,rnpeccor:.surveys,=Iter overt ax.ad:)vrWiawy upon demunc.
Orae action is mknl
M County m complleb or mlamts/r the Work Sxpdivitlec agrees;m oat as Chbtb a!a.tred by Carry,evwt t subdMdersufsequel4y cotnplebs Cre yvdnl. I
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SrgullfCowtyaulatoarlpetgettxmanceundarb"aAgreemon;ceareacular=is IlCs".Rdi�WmoreLrrgatraatfanlnpCleWark,Su�ivlderr�reesmpeya6ethmey'stems,
sm-N rasa asb at oyer nowiss of LCgsbdn inemed byCoumy In cornecgon Nerewih,even y Subdvidersuosemaer:ly Duo AM ie corrt40 Me WVIX
..I 14CCRr0RA-0-VANN T!0 If,ladc.m reoomdVS•apervsot em2ismeWork escamcoxf.. UbulvrannlsincMadir.remmryincorpme=dasaCywoannexed
war.wdstlrq city,except as moulded In cob barograph.Cmany's rgha undrbps Agtearr entandlorary carom,tons.cr:ecer chew seconng said"states trarefere[tbme new
c-a7emang cqv.Sudh c7ysnai have as the rl.-ab of s utkc fa'baneF lowy,np!r t Suddmde;
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,t.- K_=.= - �- _ - -•Ki-✓�'tc`C �C'= �^-G`C%C`(.Ct'^C:C-`(`.F`C`.�y't^�C.C-�=.€`C'.C-„"'K:C`C^C�t+(�C.R^C•Ct`v=.C-�,[•�.__.��.__
State of California
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ss.
County of
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On -Y % r �GG<%,. before me. i�r c��/= ! s�G�/�'—� u
=• A-Y I
personally Lappeared � ��— ✓✓i�K L_Ep -
._-ie s-�f 5=er=e.zi
_-
personally known to me
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- proved to me on the basis of satisfactory evidence I
to be the person(s) whose names) isiare subscribed
to the within instrument and acknowledged to me that i
heishelthey executed the same in his/hen'their
`a authorized capacity(ies). and that by hisiher the'r
AIYI uamm signature(s) on the instrument the person(s). or the
COMMM n 0 1"7M F entity upon behalf of which the person(s) acted.
Nokwy .C°mml0 executed the instrument. j
AlonwWo Conry
�M Can•n-�pYee Mar 23,'0)
WITNESS my.hand and official al.
- = v � ._a_•r:.a___��_ ;/
OPTIONAL _ I
Tncuaj7 r^e sn._or-!at-on be ow K nci re-ga:n-5^• aw.. ntma,v~rove!=aivabie tc ae:sons relwng DC Lv^e doCume'F
a Co is prevent'fraudu!ent reTova!and reanactimenr of this Torn.to ancrner doca ne?t.
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Description of Attached Document _
Title or Type of Document C--f— S hr —i �w7z r,1'=r f,__17_1 r
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Document Date: Number of Paces: 3
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Signers) Other Tran Named Above: V� ;LfJ T�✓ ��` �G
Capacity(ies) Cl/"ed by Signer(s)
Signers Name: T f !:C L V' '/''f L " Signer's Name:
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- Indivldia; - Individual
- Corporate Office-—Titlets): - Corporate Officer—Titles):
Partner—- U-nec - General - Partner—_ Llmitea — Genera!
- Atto-ney in Fact -_ �,_� _ ,' - Attorney in Fact
- Trustee'
. - Trustee
4
- Guardiae or Conser.ator Guard;an or Ccnservaor
I:,xs �r I
(l0thec fi;� i� r /fes a (� - Other:
lrl67n iycrL �Yav
Signer Is Represec'.in,: Signer Is Representing: I
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
=^C.[`CA�Cr'C.c"C"��CA"C.CC.C`C.C`f•.t�f�.C-•C.C-Y"C-CC1-.f-K.c'^- �-C.(^�'.c`^.C-'C'-`C'.€r'.eY'.€CF`Cc-`�`.E`C!-`!`�`C:E'Ccs".EK'4-`C.C-C.f-C'.i=-K'.r-'C.4Y'�-r.C-`C'.("f)S"C I
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State o; California !
County of
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On Z-- D(0 before me. CA-4l
--' -- - _ -- - - I
personally appearedv��►� i�I Ln
Ypersonally known to me
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for proved to me on the basis of satisfactory evidence
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to be the personry whose name(s4 is'aw subscribed to the j
within instrument and acknowledged to me that i
CAlOtMN wim heJsha:ttreg executed the same in hisAeO-44w authorized
Ods 1616637 capacity(ieei. and that by his..ier4Hew-signature4 on the
goo 1v/Arllle-C01111an6s instrument the person('%,. or the entity upor. behalf of !
P.M CO cn w 'I which the person(N acted. executed the instrument. I
1A►Oo dpda 7,30
WITNESS my hand and official seal.
OPTIONAL
-��u�r nc_ - - _ - -r•. �...-.. P me dccurne^.` I
d d--ou,o;.r...-e-- :a-m-i .:.ere -e -a. Q eats.r-rne .c TS t-rm
o an-otne o-u"�
7en-
Description of Attached gg=ment
Titre or T_;pe of Document: A �Ie �/ ( f-hjy l�C� U� `-mss— ►��� i
Jccument Date: ✓`"�� -7 Jt_ I
!�` y S� Number o`Paces:
Sicner,_s Otner Than Name--Above:
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Capacity(ies) Clai ed by Si�g er(�s) � ( ��� , j
Syne 's Name: 9 "�h�t ' + �� �VL Signer's Name:
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Individual I - Individual
X Corporate Officer — Tive s_i-�F1 Pye—r7 /i—v�l = Corpo-a!e Officer — TEtie.s
Dartr•er — Limitca _ Gene-a! — ?anrer — Limited - General I
•-r
- A`,crne, it Fac; `r -Attorney is Fact I
Tr.;s'ee =Trustee
Guardiar or Ccrse.'a:--r _ Guaroia n Cr Conservaior
Otte _ Otne•: I
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Vcaner is ep,esenVIC' - Sicner is Rep-esemmg:
1 for 6 ho \14 1
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0 '. B
Diablo Valle=Bank
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IRREVOCABLE STANDBY LETTER OF CREDIT
Letter of Credit=1017
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September 8, 2006 I
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Beneficiary: Applicant:
Board of Supervisors Cravings Investors, Inc.
Contra Costa County 2862 Victoria Ridge Court i
Administration Building Pleasanton, CA 94566
Martinez, CA 94553
Amount:529.000.00
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Re: Instrument of Credit delivered as Improvements Security: Combined Performance
and Labor&Materials Security(Contra Costa County Ordinance Code Sections
94-4.406 and 94-4.408) i
Dear Board:
Diablo Valley Bank. a financial institution,subject to regulation by the State of California or the
Federal Government of the United States of America,delivers to Contra Costa County this i
instrument of credit as security for certain improvements in accordance with the Subdivision
agreement for SD 7713, and referred to herein and by this reference made a part hereof.subject to j
the following conditions:
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1. We pledge that we hold and will hold on deposit the sum of 529.000.00 as trust funds
guaranteed;or payment to Contra Costa County(or successor city)to secure Bay Point Partners,
LLC's (hereinafter referred to as"Principal")faithful performance of the subdivision agreement !
executed by Principal and Contra Costa County for Subdivision 7713 for the commencement and
construction of work and improvements as described in said subdivision agreement and the I
Subdivision Ordinance of Contra Costa County.
We will so hold this sum until the commencement,completion and written acceptance by �
the Contra Costa County Board of Supervisors of all work and improvements under said
subdivision agreement. Prior to said acceptance, upon demand by Contra Costa County I
(or successor city), the whole or any portion of said funds shall be paid forthwith to the
County for successor city)for use toward the commencement and completion of the work
and improvement as it sees fit. j
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FDIC -.
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® = B i
Diablo Vallee-Bank
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Irrevocable Letter of Credit#1017
September 8, 2000 i
Page 2
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2. Upon written acceptance by the County Board of Supervisors(or successor city)of all work and
improvements under said agreement as complete, $19,000.00 of the funds held in trust in j
accordance with Section 1 shall be released.
3. We further pledge that we similarly hold the additional sum of S10,000.00 on deposit as trust
funds guaranteed for payment to any contractor, his subcontractors,and to any and all persons. I
companies or corporations furnishing labor or materials or services;or renting equipment to the
Principal or the contractors or his subcontractors for the performance of said agreement:and for
amounts due under the Unemployment Insurance Act with respect to such work or labor. After
passage of the time within which claims of lien are required to be recorded pursuant to Article 3
(commencing with Section 3114)of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Cod and I
after written acceptance by Contra Costa County(or successor city)that all work and
improvements under said agreement are complete,this sum may be reduced to an amount not
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less than the total claimed by all claimants for whom claims of lien have been recorded and notice i
thereof given in writing to the Contra Costa County Board of Supervisors,and if no such claims j
have been recorded,the sum may be released in full.
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It is hereby agreed that the obligation set forth in Paragraph 3 shall inure to the benefits of any and
all person, companies, and corporations entitled to file claims under Title 15(commencing with
Section 3082)of Part 4 of Division 3 of the Civil Code,as to give a right of action to them or their I
assigns in any suit brought. i
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4. No alteration of said agreement,or of any plans or specification of said work.agreed to by
Contra Costa County and Principal,shall relieve us from liability on this Letter of Credit. We I
hereby give consent for any such alterations to be made without further notice to or consent by us.
We hereby hold ourselves bound without regard to and independently of any action against
Principal whenever taken. We further agree that if Contra Costa County sues on this Letter of
Credit,we will pay.in addition to the face value of this Letter.all reasonable costs.expenses and
attorney fees incurred by it in successfully enforcing such obligation,to be awarded and fixed by i
the court, and to be taxed as costs and to be included in the judgment therein rendered.
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D
Diablo galley Bank
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Irrevocable Letter of Credit=1017 I
September 8, 2000
Page 3
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This instrument of credit is irrevocable.
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Except so far as otherwise expressly stated, this credit is subject to the Uniform Customs and
Practice for Documentary Credits (1993 Revision) of the International Chamber of Commerce
Publication 500.
Financial Institution: SubdivideriPrincipal:
I swear under penalty of perjury that I The undersigned hereby agrees to
have authority to bind the above name all the terms and conditions set
Financial institution to the terms of this forth and releases the financial
Letter of Credit. Institution executing this letter
Of credit from all liability except
As herein specifically set forth.
Executed at A IA-mo Executed at
California, on California,on
Diablo Valley Bank =' By: Paul Winkler, Managing Member
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By: [�
Joh &nsl � 'ow,Ch a Signature
,� of Adf6fistrative Officer
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FDIC
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POWER OF ATTORNEY APPOINTING INDIVIDCAL ATTORNEY-IN-FACT i
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Knorr All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an
Illinois corporation,and American Casualty Company of Reading.Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies").are I
duly organized and existing corporations having their principal offices in the City of Chicago,and State of Ilbnois,and that they do by virtue of the j
signatures and seals herein affixed hereby make,constitme and appoint
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Pamela L Stocks,Beverly A Hall,Sandra V Harmer,Gina O'Shea,Individually
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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
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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.
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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 10th day of March,2006.
CAS Ltt�T 001 Continental Casualty Company j
�. National Fire Insurance Company of Hartford I
`f coaPaure S �� .ts°°'0ea>re -� American Casualty Company of Reading,Pennsylvania
u SEAL t
1897 ►MRh !"
Thomas P. Stillman Senior Vice President
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State of Illinois,County of Cook.ss:
On this 10th day of March,2006,before me personally came Thomas P.Stillman 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 Casuahv Company,an Illinois corporation, i
National Fire Insurance Company of Hartford,an Illinois 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 i
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. j
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'OFFICIAL SEAL'
MARIA M.MEOW 1///tq l
♦ y C Public.9tw o1 MW9/15, / , �0✓
i MY Coemituan 4pna x/16199 . I
Noy Commission Expires March 15,2009 Maria M.Medina Notary Public
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,rational Fire Insurance Company of
Hartford,an Illinois 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 cer64,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
29th dayof August 2006 . j
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GAS LgtT INSUR Continental Casualty Company
�� •2`� 4�.�
National Fire Fire Insurance Company of Hartford
F cppPOq"re .rt�"0waro •� American Casualty Company of Reading,Pennsylvania
OU SEAL 'c �sj e 1902 .T
a
1897 MANrr' • 1
Mary A.qikalokis Assistant Secretary
Form F6853-11:2001
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Authorizing By-Laws and Resolutions t I
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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 Director of the
Company.
"Article IX-Execution of Documents
Section 3. Appointment of Anomey-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 Director.the President or any Executive,Senior or Group Vice President or the Board of
Director,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 17th day of February,1993.
"Resolved,that the signature of the President or any Executive. Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the i
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 Director, the Presidenj 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 oblieatory instruments of like nature. Such attomevs-in-fact. subject to the limitations set forth in their
respective certificates of authority,shall have fid)power to bind the Company by their signature and execution of any such irsauments 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 Director 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: i
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Director of the
Company.
"Article VII—execution of Documents
Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Director,the President of any Executive or Senior 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 i
authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company
thereto. The Chairman of the Board of Directors, the President or any Executive,Senior Vice President or the Board of Directors,may,at any time, I
revoke all power and authority previously given to any attorney-in-fact." i
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Director of the
Company at a meeting duly called and held on the 17"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 I
Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Director 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 I
be valid and binding on the Corporation." i
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l/T/1`►1 I
C
TO: BOARD OF SUPERVISORS � — '° Contra
FROM: --%I_-kLRICE 11. SHIL, PL-BLIC WORKS DIRECTOR r<. i Costo
DATE: October 10, 2006 County
!
SUBJECT: Approving the Third Extension of the Subdivision Agreement for Subdivision 98-08134,for project !
being developed by Shapell Industries of Northern California,San Ramon(Dougherty Valley)area. �
(District III) j
SPEC.IF:C REQL ES-+S.03 RECO:t'.1ENDAT D\,j .-6AC{GRC�--ND AND !'--S—_CAT10N I
RECOMMENDATION(S):
ADOPT Resolution\o. 2006 1r;0 for Subdivision 98-0813.1.approving the Third Extension of the Subdivision
Agreement. for project being developed by Shapell Industries of Northern California. San Ramon (Dougherty I
Vallexl area. (District III)
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FISCAL I3IPaCT:
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None.
BACKGROUND/REASON(S) FOR RECOM-MEND ATION(S):
The developer has not completed the improvements and the Subdivision Agreement has expired.
CONSEOtiE\CES OF NEGATIVE ACTION:
The Subdivision Agreement guaranteeing completion of the improvements will not be renewed.
Continued on attachment: e,� SIGNATURE:
y_,RECONI.NIENDATION OF COUNT17DNIINISTRaTOR
_RECOMMENDATION OF BOARD COMMITTEE 1
&-XPPROVE THER
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SIGNATURE Sl: � I
ACTION OF BOA/ N vY APPROX-ED AS RECO.NI]1E\DED OTHER
oT&OF SUER`- ORS I hereby certifv that this is a true and correct
✓ UNANIMOUS(ABSENT //V �'' copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Super-visors on the
ABSENT: ABSTAIN: date shown.
L3
ATTESTED:
Originator: P-'':z
Cont3cc T.R:2 313-'.0.) JOHN CL'LLE'-N-. Clerk of the Board of
0ya_-.19-
Supervisors and County Administrator
cc: Pe>:i:Cirt-Cc: .aen
(__::2-_Pia�:iE Ci•1 :.G:_.L2-:._STs:':
T-:_c1:5.._-
_ _
B�_ Deputy
A:c:Sari
A:WC2an C26 ,.'r Ccaran_Cf 3zzc:nrt P
G:na O'S_:23
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA
Adopted this Resolution on October 10, 1-006 by the folio,,ing rote: I
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AYES: Uilkema. Piepho.DeSaulnier.Glover and Gioia
NOES: None
ABSENT: Zone
ABSTAIN: None - ----- ---- — ---- - -
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RESOLUTION NO. 2006.1
SUBJECT: Approving the Third Extension of the Subdivision Agreement for Subdivision 98-
08134,for prof ect being developed by Shapell Industries of Northern California,San
Ramon(Dougherty Valley]) area. (District III) i
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The Public Works Director haying recommended that he be authorized to execute the third
agreement extension -which extends theSubdivisionAgreement between Shapell Industries of i
\orthern California and the County for construction of certain improvements in Subdivision 98-
08134, in the San Ramon(Dougherty Vallee) area, through June 16, '-008; I
♦ APPROXMATE PERCENTAGE OF WORK COMPLETE: 96°o
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♦ ANTICIPATED DATE OF COMPLETION-: -November-2006
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♦ REASON'FOR EXTENSION-: Streets are not pared.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
L3'- I hereby eertifv that this is a true and correct copy of an action taken
G: ,.zsc•= =SD 9i-t31=4BO-1Ldoc and entered on the minutes of the Board of Supervisors on t::e date i
Originator: P_-& +ESU shown.
Contact T.2_. iS---63
oz., No ::- >_sa, I s9 ATTESTED: �Ci�le�Gp- /,egels-pL'
'e-,-c%'L-k�-c ' JOHN CULLEN. Clerk of the Board of Supervisors and County
T-p-M 15 Administrator
sz-ape:.?nLua:cs JNan em CaJ(m:_
C.A
C.Zer. Bc . Depute
--_+E.Czxr_+.xk 3-Z-Sts N
2
RESOLUTION NO.2006 �de
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CON IRA COSTA COUNTY I
SUBDIVISION aOREE_l1E!i EXTE_\-SION
Development Number: SD 98-08134
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Developer- Shapell Industries oi•Sorthern California
Original=lerecmem Date: June 15, 1999
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Third Extension New Termination Date: June 15.2008 �
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Improvement Security-
Surety: American Casualty Company of Reading,PA � I
Bond No.tDatc): 929088554 (INlay,;,1999)
j Security Type Securin,amount
i Cash: S 9,600.00 (1% cash.51,000 Slin.) I I.
I Bond: S 948,600.00(Performance)
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S 473.300.00 (Labor&Material)
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The Deve:oper and fac SII:-e:y&si (h.s Ageement to be ext-1. ded i roug:h tie above Gate;and t.'o:it:-a Costa County
and said S:ncty_ herebV avec t. _re_o •rd ac':; :cw.edge se :e.
Dared: I �� Dated; ugu%21, 2006 I
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FOR CONT RA COST A CG NTl' De 'elorer`s i�rrzt:r.c(s)
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iau;i a:.1. Si<i �blic Wo:-.U- ?irectoi &A ( Cy /A S S't- Sec re.
1... r
By: u4i u � : eu I
DeODrSI aL_e([) '
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RECO-ViVL-NDED F :yF vSL: �{ ` lv� '��
1 ° L
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By: Primed I
rrngir,ee_ing of ices D:yisio^) j
100 N. Milpitas Blvd., Milpitas, CA 95035
Address
American Casualty Company of Reading,Pennsylvania j
(.:`OTE: Develaper's, Surety's rind Financial Jure:;_ or:i; »racial hist-U10-1
Iustiuitiml's Signatures nur.ct he�'atnri;,ed.) �
2355 E. Camelback Road, Suite 500. Phoenix: AZ 85016 j
- ::.-SS I
fle!wn Yo rtr.: of-.Ar Eowd (/[/�� `�
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Atlon4v tri Facts S -nazu:c j
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Gina O'Shea, Attorney-in-Fact i
n_;ntcd
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
Count_ of Santa Clara
On August 22, 2006. before me. Janice T. Kruse. Notary Public personally appeared I
Robert D. Moore and Ken Cos known to me to be the persons whose name are
subscribed to the within instrument and ack-nowledged 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.
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JANICE T.�KR WITNESS my hand an official seal.Commission
o Notary Public-California > I
MYC:Santa Clara County -
m.Expresnu9za.2oo9�� Signature of Notary Public
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Optional Information f
Title or Type of Document: C.C. Cnty. Subdivision agreement SD98-08134 l
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Capacity-Claimed by Signer: Assistant Vice President and Assistant Secretary- of
Shauell Industries,Inc.
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State of California
County of Los Angeles j
On August 21. 2006 before me. Sandy Hanner- Notary Public
Oale NAME. TITLE OF OFFICER.. -JANE OOE. NOTARY PUBLIC' I
personally appeared Gina O'Shea
NAMES)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(&) is/am subscribed to the within instrument and acknowledged to me that
bras/she/thft executed the same in Ns/her/tbtair authorized capacityges), and that by kie/her/wAk
signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted,
executed the instrument. j
WITNES my hand and official seal.
SQW WMER
_ ComrrtleHon a 1672602 3
Nokxy tde -Callotrto 5 SIGNA RE OP NOTARY
W3 A Cm
Comm.ff s jW 2.3010
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the documen
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
(�) INDIVIDUAL
(,) CORPORATE OFFICER
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TITLE(S) TITLE OR TYPE OF DOCUMENT
(_) PARTNER(S) (_) LIMITED
(,) GENERAL i
NUMBER OF PAGES
( ) ATTORNEY IN-FACT
(_) TRUSTEE(S)
(_) GUARDIAN/CONSERVATOR
(�) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES) j
American Casualty Company of Reading, Pennsylvania
SIGNER(S) OTHER THAN NAMED ABOVE j
G.cOra26.8
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an
Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CSA 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
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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 bird 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 10th day of March,2006. i
GAS LI,kl %"SUgq Continental Casualty Company
National Fire Insurance Company of Hartford
r0p°O1ATE
0014 American Casualty Company of Reading,Pennsylvania
SEAL T�1897
Thomas P.Stillman Senior Vice President
Sate of Illinois,County of Cook,ss:
On this 10th day of March,2006,before me personally came Thomas P.Stillman 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,an Illinois 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 Director 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.
j URCIAL SEAL'
MARIA M.MEnIt1A
i LAY Commitu°n tspia 3/76109:
My Commission Expires March 15,2009 Maria M.Medina Notan•Public
CERTIFICATE I
I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,an Illinois 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 Director of the corporation
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
21st dayof August 2006
GAS It�tT 1NSUgq Continental Casualty Company
tE,. 14k �" 'national Fire Insurance Company of Hartford I
$ GWO'ure 5 a�OP'OaLrre -� American Casualty Company of Reading,Pennsylvania
$ Jnr 11.
u SEAL
1897 XAR� •
Mary A.4ikaiekis Assistant Secretary
Form F6853-1112001
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Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article IX—Execution of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice
President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of
insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their
respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of i
Director,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 I7'day of February, 1993. i
I_ "Resolved,that the sienature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by i
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 cenified 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.PEN'NSYLb A\IA: 1
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This Power of Attorney is made and executed pursuant to and by authoM.of the following By-Law duly adopted by the Board of Director of the
Company.
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"Article VI—Execution of Obligations and Appointment of Attorney-In-Fact
Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Director, the President or any Executive, Senior or Group Vice
President may, from time to time, appoint by written certificates attomey;-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."
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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"day of February,1993.
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'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 Cornpany."
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 By-Law duly adopted by the Board of Directors of the
Company.
"Article VII---Execution of Documents
Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President of any Executive or Senior Vice President
may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,
undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of
authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company
thereto. The Chairman of the Board of Directors, the President or any Executive,Senior 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 1 T day of February, 1993. 1
"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, i
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."
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