HomeMy WebLinkAboutMINUTES - 10242006 - C.4 v
TO: BOARD OF SUPERVISORS SE L Contra
FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR _- =- ' 0-. 4
• ArAl.-. w 'zCosta
DATE: October 24, 2006 �o r s�'���
S2 COUt'1 County
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Drainage Acceptance 04-
00036 (cross-reference Subdivision 99-08381), for project being developed by Shapell Homes, a
Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2006/ for Drainage Acceptance 04-00036 (cross-reference Subdivision 99-
08381), approving Subdivision Agreement (Right-of-Way Landscaping), for project being developed by
Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Right-of-Way Landscape improvement plans for Drainage Acceptance 04-00036 (cross-reference
Subdivision 99-08381) have been reviewed and processed by Public Works staff and meet all applicable
conditions of approval regarding landscape improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Subdivision Agreement (Right-of-Way Landscaping) will not be approved.
Continued on Attachment: r_/ SIGNATURE: !�W�✓l
ECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
_APPROVE O HER
r
SIGNATURES :
ACTION OF Bt
,�b ON APPROVED AS RECOMMENDED OTHER
VOT F SUPERVISORS
UNANIMOUS(ABSENT Ow e--) I hereby certify that this is a true and correct
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
date shown.
BB:vz
G:\EngSvc\BO\2006\10-24\BO-16 DA 04-0036.doc
Originator: Public Works(ES)
Contact: T.Ric(313-2363) ATTESTED: aRo—he,s' 02 54,.Z,0DG
cc: Public Works- Construction JOHN CULLEN, Clerk of the Board of
Current Planning,Community Development
T—August 24,2008(P1) Supervisors and County Administrator
Shapell Homes
100 N.Milpitas Blvd
Milpitas,CA 95035
Attn:Sam Worden
National Fire Insurance Company of Hartford By , Deputy
2355 East Camelback Road,Suite 500
Phoenix,AZ 85016
Attn:Pamela Stocks
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 Subdivision Agreement (Right-of-Way Landscaping) for Drainage
Acceptance 04-00036 (cross-reference Subdivision 99-08381), for project being
developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware
Corp., Danville area. (District III)
These improvements are approximately located near Alamo Creek, Danville area.
The following document was presented for Board approval this date for Drainage
Acceptance 04-00036(cross-reference Subdivision 99-08381), located in the Danville area.
A Subdivision Agreement (Right-of-Way Landscaping) with Shapell Homes, a Division
of Shapell Industries, Inc., a Delaware Corp., developer, whereby said developer agrees to
complete all improvements as required in said Subdivision Agreement (Right-of-Way
Landscaping) within two years from the date of said agreement. Improvements generally consist
of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right-of-way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $5,200.00
Deposit made by: Shapell Homes
Auditor's Deposit Permit No. and Date: 469817 August 31, 2006
BB:vz
G:\EngSvc\BO\2006\10-24\BO-16 DA 04-0036.doc I hereby certify that this is a true and correct copy of an
Originator: Public Works(ES)
Contact. T.Ric(313-2363) action taken and entered on the minutes of the Board of
cc: Public Works- Construction Supervisors on the date shown.
Current Planning,Community Development
T—August 24,2008(P1)
Shapell Homes ATTESTED:
100 N.Milpitas Blvd
Milpitas,CA 95035 JOHN CULLEN, Clerk of the Board of Supervisors and
Attn:Sam Worden County Administrator
National Fire Insurance Company of Hartford
2355 East Camelback Road,Suite 500
Phoenix,AZ 85016
Attn:Pamela Stocks
By , Deputy
RESOLUTION NO.2006/ �p�j
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Drainage
Acceptance 04-00036 (cross-reference Subdivision 99-08381), for project being
developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware
Corp., Danville area. (District III)
DATE: October 24, 2006
PAGE: 2
II. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929390934 August 15, 2006
Performance Amount: $515,230.00
Labor & Materials Amount: $260,215.00
Principal: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware
Corp.
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of-
Way Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2006/L-J9/
........................._................_............................................................................. .. . . ............... ............. ....... ...... . .... ... ..
SUBDIVISION AGREEMENT
(Right of Way Landscaping) /
(Government Code§66462 and§66463)
Subdivision: _ DA 04-00036(x-ref SUB 8381) Effective Date:
Subdivider: Shapell Homes. a Division of Shape[[ Completion Period: 2 year
Industries, Inc., a Delaware Corp.
THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
Maurice M. Shiu, Public Works Director
By: {signature}
(printname ti0e) Z-7 (:�. -ra L'&-fj/2-/0 ; C-'
REC ENDED FOR APPROVAL: ASs�-.V zLtP %
4By: _ (signature) ei V'- P19-1/
Engineering Services Division (print name&W4
FORM APPROVED: Victor J. Westman, County Counsel
(NOTE:All signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code§313.)
1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and the
above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private), drainage improvements,
signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the
improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in
accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder, and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter
requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Code, provide as security to the County
A. For Performance and Guarantee: $ 5.200.00 cash,plus additional security,in the amount of
$ 515.230.00 which together total one hundred percent(100%)of the estimated cost of the work. Such
additional security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance underthis Agreement and maintenance ofthe work for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. Eor Payment: Security in the amount of$ 260.215.00 which is fifty percent(50%) of the
estimated cost of the work. Such security is presented in the form of:
Cash,certified check, or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
..... . ...................... ........................ ................................... ............ .... .
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily fora period of one-yearfrom and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6,'Acceptance',of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and
other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant
establishment work shall be performed for a period of one-yearfrom and afterthe Board of Supervisors accepts the work as complete. At
the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY, Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. if, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any
respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The 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 orthreatened
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 actor omission(negligent or non-negligent)in connection with the matters covered by
this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work orsubdivision,or has insurance
or other indemnification covering any of these matters,orthatthe alleged damage resulted partlyform any negligent orwillful misconduct of
any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If-Subdivider fails to complete the work within the time specified in this Agreement, and
subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract,overhead,etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the
County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in
territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement-and/or any deposit,bond,or letter
of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP, In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
Aw:lap
G.\GrpDa1a\EngSvdForms\AG WORMAG30A.doc
Rev.May 18.2001
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On August 17, 2006 before me, Janice T. Kruse,Notary Public personally appeared,
J.C. Truebridge & Ken Cox personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacity, and that by their signature on the instrument the persons, or
the entity upon behalf of which the persons acted, executed the instrument.
Q JANICE T.KRUSE WITNESS my hand and official seal.
] Commission#1597428
•s Notary Public-California _
Santa Clara County
My Comm.Expires Aug 24,2 Sig ature Of Notary Public
<::
Optional Information
Title or Type of Document: Subdivision Agreement(Landscaping) DA-04-00036, Tract
8381
Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of
Shauell Industries, Inc.
y, COUNTY OF CONTRA COSTA !! }
DEPOSIT PERMIT ` �1 i
OFFICE OF COUNTY AUDITOR-CONTROLLER
''r-'
MARTINEZ, CALIFORNIA ] •t
TO THE TREASURER: t 1
RECEIVED FROM I
Public Works ORGANIZATION NUMBER 650
I
(For Cash Collection Procedures See County Administrator's Bulletii
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
$
Sales Tax 100300 0637 32.43
Sale of Prints 004530 9931 REV 6GO085 137.75
i
Sale of Prints I 6AO026 93.85 '
i
Sale of Plans & Specs 004500 6AO196 167.70
Corner Records 3997- 3999 000651 9660 1 6LO88D 40.00
i
Premium Billing 6LO85C 3 _-.c
DA 00-00005 Drainge Imp Ext 6LO76B 250.00
SD02-08688 ROWL Ext 250.00
f
SD98-08134 Sub Agmt Ext 250.00 i
MSO4-0012 Base Map Fee 004528 9931 6KO030 75.00
RA02-01137 Sub ROWL Ext 000651 9660 6LO76B 250.00
RA02=01137 Rd Imp Ext 250.00
i
SD06-09142 Land Plan Ck 6LO81C 484.00
i
S006-09143 Land Plan Ck 352.00
SD 89-07418 Plan Ck Over 6L0072 2,521.36
Notary Fee 1'004500 9975 20.00
TOTAL $
Acctng: G1203226-G1203254 DEPOSIT 255,628.19
Deposit consists of the following items
Records: G1203049-G1203087 COIN and CURRENCY $ 93.90
Eng Svcs: G120*944
G G120U voids G1203082, G1203083 CHECKS,M.O., ETC. $ 255,534.29
Invoces: 912240, 912293, 912298,912300,912304,912305, 912309,912224, BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
912321,912325, 950589, BA'S 32722, 32831, 18988, 31026, 31139,26862,23994 DEPOSIT l
PERMIT DP
24794, 11207, 15790, 25318, 31720, 31192,29417, 30462, NUMBER
DATE
ASSIGNED 46 9
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
r-
77t
Signed /` f' i.' +, t xDate
Signed: - p, Signed:—;
.Titl f t I- !EXT.. De uty County yAuditor Deputy County Treasurer
D-34Rev. (7-9 offg/)lab F-C \r_ Sri.nr. TC "V_ M,�. .
y COUNTY OF CONTRA COSTA
> DEPOSIT PERMIT -' } }
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA
tHE TREASURER
r2ECEIVED FROM t 5
Public WOC:kS ORGANIZATION NUMBER 650
(urganization)
(For Cash Collection Procedures See County Administrators Bulletin 105.)
DESCRIPTION FUNDIOR13SUB TASK OPTION ACTIVITY AMOUNT
ACCT
3R4BA,06-T52 Permit 007862 9755 REV 6X4409 16.00
nd 950589 89 Farden Smith 000672 6U2504 50.00
"P06-00024 BA 32722 003520 9660 5B051X 93.39
106-11413 BA 32831 5BO48D 837.54
:F01-00602 BA 18988 000651 1 1 1 61_72RP 2,249.65
6LO83A 160.92
6LO83B 90.89
P05-02077 BA 31026 003520 580029 802.62
P05-03086 BA 31139 5BO36X 1.61.43
_05-20291 BA 26862 000651 6LO81 F 96.89
'03-03011 BA 23994 . 003520 5B036X 100.00
'03-0023 BA 24794 5B060B 65.97
'88-02032 BA11207 5B060A 278.04
�f
198-00418 BA15790 000651 6LO84B 364.68 !I
f
'03-00626 BA 25318 6LO83A 105.38
06-00602 BA 31720 443.88
'LANATION: TOTAL $
DEPOSIT1 11
Deposit consists of the following items
i!
COIN and CURRENCY $ i
CHECKS,M.O.,ETC. $ 1
II
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP L 34.?.)
NUMBER f
DATE
ASSIGNED
nount 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: � "� Signed
• f/:. EXTi :'I%� D'eputy,County Auditor Deputy County Treasurer
�ev.(7-93)
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
THE TREASURER:
r
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
(organization)
1
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
FS05-00050 BA 31192 000651 9660, REV 6L83PV 2,578.16
FS05-00033 BA 29417 1,754.03
MS05-00029 BA 30462 6L0034 17476.16
Postage Reimb 004500 2103 SAS 1999S,AS 16.47 i
Trust Fund 819800 0800 37,020.00 ,
000649 9665 197,740.00
. . j
000682 9755 3,600.00 i
)
i
j
i
I
EXPLANATION: TOTAL $.
1
DEPOSIT j
C.C.: Deposit consists of the following items
COIN and CURRENCY $
CHECKS, M.O., ETC. $
i
BANK DEPOSITS $ i
I
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged.
deposit into the County Treasury
Signed
t Signed: °'\l`d ` \ �� g f
EXT. ;1rUeL Count Auditor
Deputy Count Treasurer
D-34 Rev.(7-93)
819800-0800: G1203056, $7,820.00, M5 04-0012, Cash Bond, 5hilpa
Pathare, 4410 Black Walnut Court, Concord, CA 94521
_ i
819800-0800: G1203065, $5,200.00, DA 04-00036, Cash Bond, Shap ell
Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035
819800-0800: G1203066, $2,400.00, 5006-09144, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA
94583
i
819800-0800: G1203069, $1,000.00, 5[)06-8930, Cash Bond, Windemere
BLC Land Company, .LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA
94583
819800-0800: G1203070, $3,300.00, 5D06-09142, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA
94583
819800-0800: G1203074, $3,100.00, 5006-09143, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA
94583
i
819800-0800: G1203080, $1,000.00, RA05-1193, Cash Bond, Shapell
Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035
819800-0800: 61203084, 5,200.00PA-04-0017, Cash Bond, Shape
Home , 100 N. Milpitas Blvd.,.Milpitas, CA 95035
819800-0800: G1203085, $8,000.00, SD89, 07418, Cash Bond, H & B
Property Solutions, 1300 EI Camino Real, Colma, CA 94014
0649-9665 / 112300: 61203067, $19,900.00, SD06-09144, Landscape
Improvement Insp, Windemere BLC Land Company, LLC, 6121 Bollinger
Canyon Rd. #500, San Ramon, CA 94583
IL
Subdivision: DA 04-00036 (x-ref SUB 8381)
Bond No.: 929 390 934
Premium: $3,864.00
Alamo Creek
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee;and Payment)
(California Government Code Sections 66462 and 66463)
1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to
install and pay for-public right of way landscaping, and other related improvements in DA 04-00036
(x-ref SUB 83 81) as specified in the Subdivision Agreement(Right of Way Landscaping),and to complete
said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: Shapell Homes.a Division of Shapell Industries, Inc.. a Delaware Corp. as
Principal,and National Fire Insurance Company of Hartford , a corporation
organized existing under the laws of the State of IL ,andaudoiwdto
transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs,
executors, administrators, successors,and assigns to the County of Contra Costa,California to pay it:
A. Performance and Guarantee: Five Hundred Fifteen Thousand Two Hundred Thirty and 00/100
Dollars($_ 515.230.00 ) for itself or any city assignee under the above County
Subdivision Agreement,plus
B. Payment: Two Hundred Sixtv Thousand Two Hundred Fifteen and 00/100
Dollars ($ 260.215.00 )to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. CONDITION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to
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 is or its part,to be kept and
performed at the time and in the manner therein specified,and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect_
Ap
As part ofthe obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfullyenforcing such obligation,to be awarded and .
fixed by the court,and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Part 4 of Division 3 ofthe Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond;and consent is hereby
given to make such alteration without further notice to or consent by Surety-,and the Surety hereby
waives the provisions of California Civil Code Section 2819,and holds itselfbound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on August 15, 2006
Shapell Homes,a Division of Shapell Industries,Inc.,
PRINCIPAL: a Delaware Corporation SURETY: National Fire Insurance Company of Hartford
100 N.Milpitas Blvd. 2355 E.Camelback Road,Suite 500
Address: Address:
City: Milpitas,CA Zip: 95035 ty: Phoenix, �y Zip. 85016
By: / B cc fie--
Print ame: � �� �' f31��D G am' Print Name: Pamela L.Stocks
Title: Title: Attorney-in-Fact
AL
By:
Print Name: eA 0V,
Title: }SST Sec'rc-+C'�V*A
3MV
';\PWSI%SHARDATNGrpDataE-n,'SvclFonns�BN W0119MN-12A
Rev.hmc 17.1999
` 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 CNA Companies"),are
duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the
signatures and seals herein affixed hereby make,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually
of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and,execute for and on their
behalf bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the
acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly
adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 14th day of February,2006.
GASUg4Ty 1NSUR4 , `o�vAM►o< Continental Casualty Company
�� ha bio National Fire Insurance Company of Hartford
coAPOAArfi c ; � �Nc�v arFo American Casualty Company of Reading,Pennsylvania
a JULY 71, j?
V SEAL t r=� t 1902
a
1891 HAR b .•
Thomas P. Stillman Senior Vice President
State of Illinois,County of Cook,ss:
On this 14th day of February,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 Directors of said corporations and that he
signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations.
"OFFICIAL
SEAL-MARIA M.MEDINA • (`y,}.� l`y^/'-�
Notary Public,Stats 1 �� , 'L,• ' ` •
� My Commission Expires
3/16115 109 i
My Commission Expires March 15,2009 Maria M.Medina Notary Public
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,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 Directors of the corporations
printed'on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
15th dayof August , 2006
�GAStJg4 111SUR4,r oras+ea Continental Casualty Company
P e�, g �"y, National Fire Insurance Company of Hartford
a` c°aPORATe c .Nt�+P�+ar�o ` American Casualty Company of Reading,Pennsylvania
• A JULY II,
O� SEAL ~� ! 1902 ,�
act
1897 HAR1F b •
Mary A.qikaiekis Assistant Secretary
Form F6853-11/2001
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article IX Execution of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice
President may, from time to time, appoint by written certificates 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 .
Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17`h day of February, 1993.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any bond or undertaking to which it is attached,.continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article VI--Execution of Obligations and Appointment of Attorney-In-Fact
Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice
President may, from time to time, appoint by written certificates 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 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 attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17`h day of February,1993.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secietary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article VII Execution of Documents
Section 3. Appointment of Attomey-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 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 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 attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17`h day,of February, 1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the
Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,
1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such
power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so
executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking tomhich it is attached,continue to
be valid and binding on the Corporation."
State of California
County of Los Angeles
On August 15, 2006 before me, Sandy Hanner- Notary Public
Oats 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 name(a) is/*m subscribed to the within instrument and acknowledged to me that
he/she/t#»executed the same in ibis/her/ftir authorized capacityow), and that by Iawher/t c
signature(s) on the instrument the person(3), or the entity upon behalf of which the person(s) acted,
executed the instrument.
SANDY HANNER WITNES my hand and o 1 seal.
Commission#t 1612602
-i Notary Public -California
Los County - ! SIGNA RE OF NOTARY
My Comm. Jul 2,2010
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
TITLE(S) TITLE OR TYPE OF DOCUMENT
(_) PARTNER(S) (._) LIMITED
(_) GENERAL
NUMBER OF PAGES
(� )
ATTORNEY-IN-FACT
(_) TRUSTEE(S)
(_) GUARDIAN/CONSERVATOR
(�) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
(3.107426.8
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On August 17, 2006 before me, Janice T. Kruse,Notary Public personally appeared,
J.C. Truebridge & Ken Cox personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacity, 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
ri Notary Public-Colitomla
Santa Clara County
WCOMM.ExPlImAug 24,2004 Sign ture of Notary Public
Optional Information
Title or Type of Document: Security Bond DA-04-00036, Tract 8381
Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of
Shapell Industries, Inc.