HomeMy WebLinkAboutMINUTES - 10242006 - C.11 TO: BOARD OF SUPERVISORS ___ Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
CostaC <<
DATE: October 24, 2006
,Cf 6U '~ Count
SUBJECT: Approving the Road Improvement Agreement for Sweet Violet Drive, Cinnamon Ridge Road,
South Wedgewood Road and Persimmon Road, Road Acceptance 06-01219 (cross-reference
Subdivision 99-08306), for project being developed by Shapell Homes, a Division of Shapell
Industries,Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District 1I1)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2006/ W*"'Pe for Road Acceptance 06-01219 (cross-reference Subdivision 99-08306),
approving the Road Improvement Agreement 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):
The Improvement Plans for Road Acceptance 06-01219(cross-reference Subdivision 99-08306)has been reviewed
and processed by the Public Works staff and meets all applicable conditions of approval for road improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Road Improvement Agreement will not be approved.
Continued on Attachment: ✓ SIGNATURE:
'I&COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
—AVPROVE OTHER
SIGNATURES
ACTION OF BO ON D ri o2 APPROVED AS RECOMMENDED OTHER
TodSUPERVISORS I hereby certify that this is a true and correct
�/ UNANIMOUS(ABSENT or-7<--) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
LL:vz ��
G:\EngSvc\BO\2006\l0-24\BO-15 RA 06-1219.doc ATTESTED: C�wy ° sz,- oG
Contact:
ie(3 Warks)Es) JOHN CULLEN Clerk of the Board of
Contact T.Rie(313-2363) ,
cc: Public Works- Construction
Current Planning,Conunmiity Development Supervisors and County Administrator
T—July 24,2008
Shapell Homes
100 N.Milpitas Blvd
Milpitas,CA 95035
Attn:Sam Warden By , Deputy
Liberty Mutual Insurance Company
505 S.main Street,Suite 830
Orange,CA 92868
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 24, 2006 by the following vote:
AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006/
SUBJECT: Approving the Road Improvement Agreement for Sweet Violet Drive, Cinnamon
Ridge Road, South Wedgewood Road and Persimmon Road, Road Acceptance 06-
01219 (cross-reference Subdivision 99-08306), for project being developed by
Shapell Homes, a Division of Shapell Industries,Inc.,a Delaware Corp.,San Ramon
(Dougherty Valley) area. (District III)
These improvements are approximately located near Stone Leaf Road and South Monarch
Road.
The following document was presented for Board approval for a portion of South
Wedgewood Road, Persimmon Road, Sweet Violet Drive, and Cinnamon Ridge Road, Road
Acceptance file 06-01219(cross-reference Subdivision 99-08306)property located in the San Ramon
(Dougherty Valley) area, Supervisorial District III.
A Road Improvement Agreement with Shapell Homes,a Division of Shapell Industries,Inc.,
a Delaware Corp.,principal,whereby said principal agrees to complete all improvements,as required
in said road improvement agreement, within two years from the date of said agreement.
Improvements generally consist of road improvements.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action
LL:vz taken and entered on the minutes of the Board of Supervisors
G:\EugSvc\BO\2006\10-24\130-15 RA 06-1219.doc on the date shown.
Originator: Public Works(ES)
Contact T.Ric Works363) ATTESTED:
cc: Public Works- Construction
Current Planning,Community Development JOHN CULLEN, Clerk of the Board of Supervisors and
T—July 24,2008
Shapell Homes County Administrator
100 N.Milpitas Blvd
Milpitas,CA 95035
Atm:Sam Worden
Liberty Mutual Insurance Company
505 S.main Street,Suite 830 By , Deputy
Orange,CA 92868
RESOLUTION NO.2006/ 6004
SUBJECT: Approving the Road Improvement Agreement for Sweet Violet Drive, Cinnamon
Ridge Road, South Wedgewood Road and Persimmon Road, Road Acceptance
06-01219 (cross-reference Subdivision 99-08306), for project being developed by
Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San
Ramon (Dougherty Valley) area. (District III)
DATE: October 24, 2006
PAGE: 2
I. Cash Bond
Performance Amount: $9,500.00
Auditor's Deposit Permit No. DP 470785 Date: September 21, 2006
Submitted by: Shapell Homes
Taxpayer identification number: 95-2578030
1I. Surety Bond
Bond Company: Liberty Mutual Insurance Company
Bond Number and Date: 024022257 September 13, 2006
Performance Amount: $938,200.00
Labor&Materials Amount: $473,900.00
Principal: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp.
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOL UTION 1M_l_0.06/of
...............-.................. ...................... ......................................... .......... ......................................................
ROAD IMPROVEMENT AGREEMENT
0
Developer: Shar)ell Homes,a Division of'Shapell Industries.Inc..a Effective Date: T -?
Delaware Com.
Completion Period: 2 years
Development: RA 06-1219(x-refSUB 8306)
Road: Misc.SUB8306 Model Roads: Partial Segments ofPersimon
Lane,South Wedeewood Road,Sweet Violet Drive,Cinnamon Ridge
Road,Nutmeg Park Street
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER
Maurice M.Shiu,Public Works Director
(signature)
B Q
(print name&title)
V
.P.
R MENDED FOR APPROVAL
By:
Engineering a ices Division (print nam n1e)
(2 v-,
FORM APPROVED: Victor J.Westman,County Counsel
(NOTE: All signatures to be acknowledgect. IfSubdividcT is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code S313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coun "and the above-mentioned Developer,
mutually promise and agree as follows concerning this development
2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire
hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on
file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
Developer shall complete said work and improvements(hereinafter called "work") within the above completion period from date hereof in a good
workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. For Performance and Guarantee: $9,500.00 cash,plus additional security,in the amount of$938.200.00 which together total one hundred
percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
XX Acceptable corporate surety bond.
- Acceptable.irrevocable letter of credit.
With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment Security in the amount of$ 473,900.00 which is fifty peTcent(50%)ofthe estimated cost ofthe work. Such security ispresented
in the form of
- Cash,certified check,or cashier's check
XX Acceptable corporate surety bond.
- Acceptable irrevocable letter of credit.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or
materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities
may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfactorily for aperiod of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"
of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system.
5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist'ofadequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the
Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after
the Board of Supervisors accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in
Section 2 and as required by the Conditions of Approval for the development. If,at anytime before the Board of Supervisors accepts the work as complete or during
the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the
work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee
of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or
materials,or payments,therefor,or any combination or all,of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall
the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof.
8.. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,
officers,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions
defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such
liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the
defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and
attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,
supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the
alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or
fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges
incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to
complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently
completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay
all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
If. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory
incorporated as a city or is annexed to an existing city,the County s rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be
transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement
as though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration hereof:
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval
RLkw
\\PWS4\SHARDATA\GrpData\EngSvc\PonnsWG WORDWG-24.doc
Rev.March 21,2006
i
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On September 14,2006, before me, Janice T. Kruse,Notary Public personally appeared
Robert D. Moore and Ken Cox known to me to be the persons whose name are
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities, and that by their signature on the instrument, the persons or
the entity upon behalf of which the persons acted, executed the instrument.
JANICE T.KRUSE WITNESS my hand and official seal.
Commission#1597428
-e Notary Public-California f;Z 1
Santa Clara County
My Comm.ExpkesAug 24,2009 Signatu of Notary Public
Optional Information
Title or Type of Document: Road Improvement Agreement, RA-06-1219, Tract
8306
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries, Inc.
- ' COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA
TO THE TREASURER: 3 •, !!!
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
(urganization)
(For Cash Collection Procedures See County Administrator's Bulletin 105
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
Sales Tax 100300 0637 13.81
Sale of Prints 004530 9931 REV 6GO085 58.80
Sale of Plans & Specs 004500 16AO196 103.49
Corner Records 4006-4033 000651 9660 6LO88D 280.00
Premium Billing 6LO85C 4,320.00
Isohytal Map 007505 9895 6F8275 9.00
Notary Fee 004500 9975 10.00
Parking Pmt Red 60 & 61 000672 REV 16U2504 10.00
SD02-08698 ROWL Ext 000651 9P60 6LO76B 250.00
SD96-08002 6LO81C 2,162.41
Rowl EXT 16LO76B 250.00
16LO82B 2,090.67
LP06-02036 BA 32695 003520 5B0026 120.52
MS 05-00017 BA 29535 5B0034 1,797.18
MS 05-00020 BA 29554 315.56
SD05-08938 BA 29646 000651 6L0040 272.26
TOTAL $
ACCTNG: G.1203473-G1203505 DEPOSIT 197,177.97
Deposit consists of the following items
ENG SVCS:G1203106-G1203150& G1203601-G1203611 Voids: G1103126 & COIN and CURRENCY $ 69.30
G1203609 CHECKS,M.O.,ETC. $ 197,108.67
Records: G1201911-G1201922 BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
Invoices:912315,912316, 912222, 91234,912144, 912261, 912127,912285,BA'S DEPOSIT
32695,29535, 29554, 32217, 29646, 32784, 32495, 28984, 12840, 32402, 32335, PERMIT DP
39211, 26905,24219, 28448, 16823, 32693, 30113, 30981, 21860, 31947,24367, NUMBER
17484, 26325, 30801, 30935, 27427 DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of ab ov amount is Receipt of above amount is hereby acknowledged.
deposit into the County Treasury •n,
r. X�
k�A`k
Signed ' s t t /'..(r
- i
1`!` /• ,.
Signed: Signed: (( %' X-)ut (E t L V
Title:,,'.. f 'if EXT. _ I� Deputy County Auditor Deputy County Treasurer
D-34 Rev.(7-93)
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER '
MARTINEZ,CALIFORNIA t
TO THE TREASURER:
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
jurganizationj
(For Cash Collection Procedures See County Administrator's Bullet
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
$
DP06-03022 BA 32217 003520 9660 REV 5B0015 233.33
000651 6L0015 399.56
LP06-02039 BA 32784 003520 5BO49X 623.88
RA06-01216 BA 32495 000651 6LO85G 827.19
MS 05-00002 BA 28984 003520 5B0034 1,402.12
SD03-08767 BA 12840 000651 61_0033 200.00
LP06-02030 BA 32402 003520 5B0026 22.86
SR4BA-06-T59 007862 97551 6X4409 16.00
DP06-03027 BA 32335 003520 9660 15BOO14 333.12
TP06-00028 BA 39211 5BO51X 227.58 '
SD04-08839 BA 26905 003520 5B0033 31.50
000651 6L0077 386.40
SD03-08738 BA 24219 35.13
SD04-08905 BA 28448 6L0072 3,001.03
EF01-00631 BA 16823 16LO83B 644.22
LP06-02035 BA 32693 003520 5BO28A 388.49
EXPLANATION: TOTAL $
DEPOSIT
C.C.: Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE OL,
ASSIGNED /
The amount of money described above is for Trea rer's recei t of bove mo nvis Receipt of above amount is hereby acknowledged.
deposit Into the County Treasury _ .C/o \---�
Sgned t r ., ti. -`!Date
i
Signed: Signed:
EXT. .✓ ( Deputy County Auditor Deputy County Treasurer
D-34 Rev.(7-93),
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA. 'Ji""• i
TO THE TREASURER: _
RECEIVED FROM J
Public Works ORGANIZATION NUMBER 650
(urganization)
(For Cash Collection Procedures See County Administrator's Bulletin 105.
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
SD05-09001 BA 30113 000651 9660 REV 6L0033 3,901.12
Z105-11069 BA 30981 003520 1 15BO60C 201.20
DP02-03053 BA 21860 000651 6L0015 98.54
FS06-00063 SA 31947 6L83PV 2,685.08
MS03-00007 BA24367 003520 5B0042 176.00
RS 03-03127 472.79
EF02-00602 SA 17484 000651 6LO83B 276.34
EF04-00603 SA 26325 6LO83A 414.67
LP05-02069 BA30801 003520 15BOO29 4,166.54
000651 6L0029 107.70
EF05-00624 SA 30935 6LO83A 170.26
EF04-00626 BA 27427 5,225.57
6LO83B 7,560.00
Reimb Cancelled class 004522 2467 TRN 922TRN 350.00
Trust Fund 000649 9665 84,619.50
__T81 0'0800 13;500.00
EXPLANATION: TOTAL $
DEPOSIT
C.C.: Deposit consists of the following items
COIN and-CURRENCY $
CHECKS,M.O.,ETC. $ "^�,•_
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER — '
DATE /2,
ASSIGNED
The amount of money described above is for reasurer'sof abo a amount is Receipt of above amount is hereby acknowledged.
deposit into the County Treasury '
Signed: ' ��r. 1 'Date ! / /.•;L: -
Signed: Signed:
t r
Title '•? EXT - {1 ••/ Deputy County Auditor Deputy County Treasurer
D-34 Rev."'(7-93)
• COUNTY OF CONTRA COSTA
DEPOSIT PERMIT t
OFFICE.OF COUNTY AUDITOR-CONTROLLER; 6t`1
MARTINEZ, CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
(urganization)
(For Cash Collection Procedures See County Administrator's Bulletin 105
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
Inv 912127 &912285 004660 9595 REV 6X2901 1,836.65
6X2903 2,855.12
6X2904 5,678.89
6X2914 1,301.88
6X2917 329.58
6X2920 19,805.28
6X2922 1,357.73
6X2924 53.37
6X2925 1,176.91
6X2926 823.95
6X2928 402.74
6X2929 1,567.39
6X2934 149.06
6X2935 10,597.37
6X2936 3,700.17
16X2937 68.54
EXPLANATION: TOTAL $
DEPOSIT
C.C.: Deposit consists of the following items
COIN and CURRENCY
$
CHECKS, M.O., ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY !�
DEPOSI
PERMIT DP 4�� � • '
NUMBER �J
DATE t /z /0(
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.
deposit into the County Treasury
'Signed" ' � .t>:' `Date i
Signed: Signed:
Title]Mfr-i 1 V EXT. c .� �l Deputy County Auditorl Deputy County Treasurer
D-34 Rev.(7-93)
• COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
-'OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA
TO THE TREASURER: t ,
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
rgan a io
(For Cash Collection Procedures See County Administrator's Bulletin 105.
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
INV 912127 & 912285 004660 9595 REV 6X2954 711.92
EXPLANATION: TOTAL $
DEPOSIT
C.C.: Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,M1ETC
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above am tis approved. Receipt of above amount is hereby acknowledged,
deposit into the County Treasury '�
Slg en d C (,rf F('Date
, l
rf`rj: Signed: Signed:
Title. !� EXT. ...�'• „_..> r" Deputy Count Audllor Deputy County Treasurer
D-34 Rev. (7-93)
0649-9665 / 112300: G1203108, $500.00, R53135, Record of Survey
Review, Monty Berney, 1158 Lawrence Rd., Danville, CA 94506
0649-9665 / 112300:. G1203118, $5,000.00, 51)90-08002, Landscape
Inspection, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
0649-9665 / 112300: G1203123, $500.00, R53133, Record of Survey
Review, Milani & Assoc, 4071 Port Chicago Hwy, Ste 100, Concord, CA 94520
0649-9665 /. 112300: G1203124, $500.00, R53134, Record of Survey
Review, Nierhake Surveying, 130 Midhal) Rd., Martinez, CA 94553
0649-9665 / 112300: G1203125, $500.00, R53137, Record of Survey
Review, McGill—Martin- Self, Inc., 1500 Newell Ave, Ste 700, Walnut Creek,
CA 94596
0649-9665 / 112300: G1203140, $15,519.50, DP02-3036, Inspection
Deposit, Associated Builders, 4026 Third St., San Francisco, CA 94124
0649-9665 / 112300: G1203148, $9,200.00, RA 1220, Plan Review, Avalon
Bay Communities, Inc., 400 Race St., Suite 200, San Jose, CA 95126
0649-9665 / 112300: G1203606, $51,800.00, RA 1219, Plan Check,
Inspection Fee, Lighting Fee, Shapell Homes, 100 North Milpitas Blvd.,
Milpitas, CA 95035
0649-9665 / 112300: G1203611, $1,100.00, ED 05-03, Review, Stephen
Vigas, 1830 Alameda Diablo, Diablo, CA 94528-0900
819800-0800: G1203127, $2,000.00, EF06000620, Cash Bond, Nehemiah
Construction, Inc., 4790 East 2"d St., Benicia, CA 94510
819800-0800: G1203607, $9,500.00, RA 1219, Cash Bond, Shapell Nomes,
100 North Milpitas Blvd., Milpitas, CA 95035
Bond No.: 024022257
Development: RA 06-1219 (x-ref SUB8306)
Premium: $7,037.00
Gale Ranch, Phase III
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499- 66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on, or along RA 06-01219 (x-ref SUB8306) to complete said work
within the time specified for completion in the Road Improvement Agreement,all in accordance with State
and local laws and rulings.
2. OBLIGATION: Shapell Homes,a Division of ShaAell Industries, Inc., a Delaware Corp. ,
as Principal and Liberty Mutual Insurance Company a corporation
organized under the laws of the State of MA and authorized to transact surety
business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
A. Performance: Nine Hundred Thirty-Eight Thousand Two Hundred and 00/100 Dollars
($938,200.00 ) for itself or any city assignee under the above County Road Improvement
Agreement,plus
B. Payment: Four Hundred Seventy-Three Thousand Nine Hundred and 00/100 Dollars ($
473,900.00 )to secure the claims to which reference is made in Title 15 §§et seq.
of the Civil Code of the State of California.
3i CONDITION:
A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal,
or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and
abide by and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided on it or its part, to be kept and
performed at the time and in the manner therein specified and in all respects according to their true
intent and meaning and shall'indemnify and save harmless the County of Contra Costa or city
assignee, its officers,agents and employees,as therein stipulated,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa or city assignee,in successfully enforcing such obligation, all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.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,labor of
any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or
labor'and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact
amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by
the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded
and fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the work under the conditions of this bond be fully performed, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed
to by the Principal and the County shall relieve the Surety from liability on this bond and consent is
hereby given to make such alteration without fin ther notice to or consent by the Surety and the
Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED:
The undersigned executed this document on September 13, 2006
Shapell Homes, a Division of Shapell Industries,
PRINCIPAL: Inc., a Delaware Corporation SURETY: Liberty Mutual Insurance Company
Address: 100 N. Milpitas Blvd. Address: 505 S. Main Street, Suite 830
City: ilpi a A 5 e, CA 92868
By:
Print Name: Print Name: Pamela L. Stocks
Title: SSS 1 V • P . Title: Attomey-in-Fact
Title: —9 e'n Co k�Y)Ss i Ser ,
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GAGrpData\EngSvc\ForMS%N WORMBN-9.doc
lamrery 26,2005
171 829
THIS FOWER_OF ATTORNEY.IS NOT VALID,UNLESS ITIS PRfNTi6b, D BACKGROUND
This Power of=Attorney limitsthe actsof those named'herern,,and they have no autFority to bind-the=Company except rn the_manner:and-.:,-'.":"::.,A'':,�...
.-
to :
the e*bntheiein stated ? -
LIBERTY MUTUAL INSURANCE COMPANY
- :: BOSTON,-MASSACHUSETTS -
POWER'OF ATTORNEY
_-
KNOW: ALL PERSONS BY THESE PRESENTS That Liberty Mutual insurance Company (the Company) a,Massachusetts stock insurance
company pursuant to:and by authority of he Bylaw and Author¢ation hereinafterset forth;does hereby name;constitute and appoint
_.
PAMELA L:STOCKS, BEVERLY-AHALL,SANDRA V.HANNER,GINA 0.!% ,,ALL OF THE CITY OF:SHERMAN OAKS,
STATE OFCALIFORNIA : .......
.
each-i'o iyidually rf there be more than-one named its true and lawfy attorney in=tact to make execute §eal acknowledge grid deliver for and on its
.
behalf_asaurery and:as;its acf;and tleed any:antl all undertakings; bonds reco- izances=and other.surety:ob gations In the penal sum not exceeding
FIFTY:MILLION:AND 00/100*********.*****'*-`*I DOLLARS($=50;000;000:00-I _
execution of such undertakings bonds_recognizances,and other surety Qbliga 1., in pursuance:of hese:presents shall be as binding upon the
Com` .
pany as if they had-been duly signed by the president and attested by the secretary of the Company rn.their own proper Persons
- -, .
- -
That this power is made;and executed pursuanttq;and by;authonty of the following By law and Authorization
ARTICLE XIII;-Execution of Contracts Section 5.Surety;Bonds and Undertakings
Any officer of the Company authonzed,for that purpose`:rn venting by the chairrt5an or the:president and subject to such IimitaUons:,as the
chairman or;the presitlent may prescribe shall:appoint such attorneys irr-fact as may be.necessary to act inbehalf;of the;Company;fo;make
' execute seal; acknowledge:and deliver as su.?ety any,and all undertakings bonds recognrzances and other surety obligafions; Such:; 'd.
attorneys in fact subject to the limitations set forth m their respective powers of attorney shall have fulP power to bind the Company by their
N y. `•.
O signature and execution of any such-instruments and;to:attach thereto the eal of the Company When so executed suchanstruments-shall be 4) :
Q- . as binding as:if signedby the presidentand attested by the secretary C
d _ ;
ow y By the following instrument the chairman or the president has authorized the officer or other official namedtherern to-appoint attorneys rn.fact
M %: „ :
-C. Pursuant to Article XIII Section 5 of tll he By Laws Garnet W Elliott Assistant Secretary.of Liberty Mutual Insurance Company is`hereby
� authorized to appoint:such attorneys in fact as:may benecessary-to actin behalf_of the Company=to make;execute';seal"acknowledge and. e.:?
a:� deliver as surety any and all undertakings bonds,recognizances and other.surety obligations = 0 ;
"3 That the By laol.w.and the Authorization set forth above are true copies thereof-and are:now m full force_and effect ;>W
O : <, :
j: IN WITNESS WHEREOF this Power of Attorney has been subscribed byzan authorized officer of official of:the Company and the corporate seal of `� E
z:,� Li berty:�Mutual insurance Company has been affixed thereto in Plymouth Meeting Pennsylvarna this ,15th day of April 0 ;
d 0: 2005 Q co
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R y� LIBERTY MUTUAL INSURANCE COMPANY �'C
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C;--.M',' �1111 ��_k• '. Garnet W:Elliosistant-Secretary` y:o.
d- COMMONWEALTH OFPENNSYLVANIA ss t
.rn, COUNTY OF MONTGOMERY : ,C
t�L C.
1` On this 15th day of April 2005 before Me a.Notary f?ublic personally came GarnetW Elliott to me known and acknowledged . d-
O ., that he;is an Assistant.'S-c ' of Lrb-- Mutual Insurance Com an that he knows theaeal of said coy _oration:,and that;he executed tha-, bov'
rY _rtY P Y P
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L� Power.of Attorney and affixed the corporate seal of Liberty;Mutual Insprance:Compariy thereto wdh the authority and at the direction of said corpoTafion ::�
_ _
O R; _ ..
IN TESTIMONY WH ,� unto subscribed m name and affixed m notarial seal at PI mouth Meetin Penns Ivania on the da acid ear Re
to first above written �,, ohTiN q. �'11 Y Y Y 9 Y _ Y Y N :
:N. LPp y Gfl v�MflPlirdEAi TH flE PENN tVANiA N :
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O:3: O To90.Peste Ntxaty.Pub3 ��2���C�t a/ C: i
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® My " `� Ter sa PaStella Notary Public v r
- SYt;�1 ��9 .:bdarrar Penn+ty3cenuikusacsilonafNattitfas - L.�� '
CERTIFICATE; iw �Y - F- . .
- :,
I the undersigned Assistant ecretary of Liberty Mutual insurance.Compariy do hereby certify that the o1.riginal powec,of attorney of which the foregoing_
Lis,6 full;true acid correct copy {s in full force and:effect on the date;of this:certficate;and I do further certify that the.office�or official wlio executed the :
-.
said power o.=a,.orney.:is an"""' i ` Secretary specially.authorized by the;chairman or the president to appoint attorneys in fact as:provided in Artcle
XIII Section 5 of the By laws of Liberty Mutual Insurance.Compahy
- i. -
This certificate:and the above power of:attorney:may be::signed:by facsimile pr_mechanically reproduced signatures under-.and tiyauthont. of the
following vote of the board of directors of Liberty,Mutual Insurance Company at a-meeting duly_called and held on the 12th day-of March,1980
VOTED that-:the facsimile or riechanrcally reproduced signature of any,assrstant secretary of the company wherever appearing upon a
certifietl copy of any power of attorney:issued by.the company rn,;connection with surety bonds shall be valid and liindrng-upon thio;company
witli-the same;force and effect:as though manually affixed;
IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate eatof the said company this 'day of
September. �OOf, - - -
13t
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Room L --.,,---:'-,�-_,,,_�.,'--,--L.,��-,� ::-., .. , - . I � .
' David M_Carey:Ass nt:S`ecretary.:
State of California
County of Los Angeles
On September 13, 2006 before me. Sandy Hanner-Notary Public
Oate NAME. TITLE OF OFFICER„ 'JANE OOE. NOTARY PUBLIC'
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
(x) personally known to me — OR — (_..,) proved to me on the basis of satisfactory evidence to be
the person(s) whose names) is/am subscribed to the within instrument and acknowledged to me that
foe/she/tom( executed the same in)has/her/tom authorized capacity0s), and that by bats/her/Wor
signature(s) on the instrurnent the person(g), or the entity upon behalf of which the person(aL) acted,
executed the instrument.
WITNES
SANDY HANNERS y hand and official seal.
babn
Comm #1672602
Notary PUM -CotlfortNa StGNA RE )F NOTARY
Los kgetes Carly
Comm.boo Jut 2,2010 OPTIONAL
Wow
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
TITLE(S) TITLE OR TYPE OF DOCUMENT
(_) PARTNER(S) (_) LIMITED
(_) GENERAL
NUMBER OF PAGES
(-s.._) ATTORNEY-IN-FACT
(_) TRUSTEE(S)
(_) GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Liberty Mutual Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE
0.107426.9
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On September 14, 2006, before me, Janice T. Kruse,Notary Public personally appeared
Robert D. Moore and Ken Cox known to me to be the persons whose name are
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities, and that by their signature on the instrument, the persons or
the entity upon behalf of which the persons acted, executed the instrument.
JANICE L ob. ITNESS my hand and official seal.
Commission# 1597428 C
-i Notary Public-California
Santa Clara County
My Comm.ExplwAug24,2u Sign at re of Notary Public
Optional Information
Title or Type of Document: Improvement Bond 024-022-257, Tract 8306
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries, Inc.