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HomeMy WebLinkAboutMINUTES - 02132007 - C.11 (3) - illl III III 1111 li II 1111111 I II II Iilll I li�:-111 III III CONTRA COSTA Co Recorder Office Recorded at the request or: STEPHEN L. WEIR Clerk-Recorder Contra Costa.CounfSuperviso s DOC— 2006-0310457-00 Board of Supervisors Return to: Friday, SEP 29, 2006 10:06:13 Public Works Department FRE $0.00 Engineering Services Division Tt l Pd $0.00 Nbr-0003424117 lrc/R9/1—B THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 26, 2006 by the following vote:, AYES: Uilkema, Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006[ SUBJECT: Accepting completion of improvements for Neighborhood-2A/8 Open Space, Park Acceptance 02-00011 (cross-reference Subdivision 95-07984), for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries,Inc.,a Delaware Corp., San Ramon(Dougherty Valley)area. (District IIS These improvements are approximately located near Bollinger Canyon Road, b The Public Works Director has notified this Board that the improvements for Park Acceptance 02-00011 (cross-reference Subdivision 95-07984)have been completed as provided in the Subdivision (Right-of-Way Landscaping) Agreement with Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp., heretofore approved by this Board; TR:vz G:\EngSvc\BO\2006\09-26\RA 02-0011 B045 DV(PA).doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of Recording to be completed by COB I.D.95-2578030 Supervisors on the date shown. cc: Public Works Construction Div. P.Tehaney,M&T Lab !� / -1.Bergeron,Mapping Div. ATTESTED a e-.,"z7 t,7- � R/'^-" F� T.Rie,Engineering Svc. JOHN CULLS Clerk of the Board of Supervisors and T.—July 26,2007 p Sheriff-Patrol Div.Commander County Administrator CHP,c/o Al CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 By , Deputy Shapell Industries of Northern California —1-00 N.,th MiipitarBI Milpitas,CA 95035 Attn: S.Worden&J.Gold National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 RESOLUTION NO. 2006/ ��� 3yo5; SUBJECT: Accepting completion of improvements for Neighborhood-2A/8 Open Space,Park Acceptance 02-00011 (cross-reference Subdivision 95-07984), for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries,Inc.,a Delaware Corp., San Ramon(Dougherty Valley)area. (District III) DATE: September 26, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of September 26,2006 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision (Right-of-Way Landscaping) Agreement: DATE OF AGREEMENT NAME OF SURETY April 1, 2003 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials)surety for$275,850.00,Bond No. 190 775 237 issued by the above surety be RETAINED for the six month lien guarantee period until March 26,2007, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that Neighborhood-2A/8 Open Space, the hereinafter described landscape is ACCEPTED AS COMPLETE. Upon acceptance by the Board of Supervisors, the developer shall retain the landscape improvements for maintenance and ownership during the warranty period. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$5,500.00 cash deposit(Auditor's Deposit Permit No.398256,dated December 31,2002)made by Shapell Industries of Northern California,a Division of Shapell Industries,Inc., a Delaware Corp. and the performance/maintenance surety bond rider for$81,930.00, Bond No. 190775327 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOL Li TION NO. 20061-E i2 CMASURETY PA 0011 (XREF SUB 7984) Parcel BB - N2 A/8 Open Space INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 190 775 327 issued by the National Fire Insurance Compa_y of Hartford ., as Surety, on behalf of Shapell Industries of Northern California,a Division of Shapell Industries, Inc.,a Delaware Corp. of Milpitas, CA hereinafter referred to as the Principal, and in favor of _ County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee, effective the 19th day of. December 2002 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 24th day of August 2006 ,and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby "DECREASED" _ from the sum of Five Hundred Forty Six Thousand Two Hundred No/100*** Dollars ($ 546,200.00"" to the sum of Eighty One Thousand Nine Hundred Thirty No/100*"* Dollars ($81,930.00""" ). IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the sum of Five Hundred Forty Six Thousand Two Hundred No/100*** Dollars ($ 546,200.00*** ) or for any loss occurring subsequent to said date shall not exceed the sum of Eighty One Thousand Nine Hundred Thirty No/100**" Dollars ($ 81,930.00"' ) In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it being the intent hereof to preclude cumulative liability. SIGNED, SEALED AND DATED this 28th day of August, 2006 AcceptedShapell Industries of Northern California,A Dvision of Shapell Industries, Inc., Coun Of COosta A Delaware Corporation (Principal) By — By ��ti, (Seal ) J C. ebridge, As t. V. P. By (Seal) Ken Cox, Asst. Secretary National Fire Insurance Company of Hartford Form F4763 By (Seal) na O'Shea, Attorney-in-Fact POWER OF ATT--RNEY APPOINTING INDIVIDUAL ATTV"NEY-IN-FACT 3104 5's 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 s 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 10th day of March,2006. GASIJ��r 1MSIJR4 Continental Casualty Company National Fire Insurance Company of Hartford ' c�1°OR"Yeaat' American Casualty Company of Reading,Pennsylvania �v SEAL � � e 1902 7697 HAIt� ` • Thomas P. Stillman Senior Vice President 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 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' j MARIA M.MEOW • Nm"Pum.,6uft of-I. - I My camusion En iia 311619Y: . ....................... 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 28thdayof August 2006 . GAS t1��r toot �C ,� Continental Casualty Company enal F' f-Iiartfotdi ca`PO1uTe S�r ►�+at�e American Casualty Company of Reading, Pennsylvania Z s JULY]I, O� SEAL e LM%ZJ� 1697 MANS ` • Mary A.Ribikajokis Assistant Secretary Form F6853-11/2001 31045`% State of California County. of Los Angeles On August 28,2006 before me. Sandy Hanner-Notary Public Date NAME. TITLE OF OFFICER.. 'JANE DOE. NOTARY PUBLIC' personally appeared Gina O'Shea NAME(S) OF SIGNER(S) (X) personally known to me - OR - (_) proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/am subscribed to the within instrument and acknowledged to me that Ilene/she/1 executed the same inft/her/taOr authorized capacity(mes), and that by bis/her/taiir signature(s) on the instrument the person(g), or the entity upon behalf of which the person(sr) acted, executed the instrument. WITNESS y hand and official -eal. SANDY HANNER� - Co r=Won#t 1672602 Notary RAAc -Cdl wdo SIGNA RE OF NOTARY Los Angeles Casity W CwM 6Vs JU 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 ( x ATTORNEY-IN-FACT NUMBER OF PAGES (�) TRUSTEE(S) (�) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Natinnal Fire Ins;urnnra C:ornny of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G•107426.8 >'.� _ /✓v,%�:!,!%�'�,:%:''ii'•%. /.,'./•%... %l:%�l.J`i %�'::^%�lv�.%iiv:j:i. /✓ n;,%•%�%:/:%J✓v%✓:✓:i;'r.%v•j•' :�%:I•j�:•�/.%J:%�.`%�i�:;✓.�%,�/'%�l�%%:%%✓ins%:%y^/( l j) -3104 s > >s CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT >S State of California S� County of Santa Clara >� On August 29, 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 s the entity upon behalf of which the persons acted, executed the instrument. j> T WITNESS my hand and official seal. -Signature of Notary Publicz Optional Information ' Title or Type of Document: Decrease Rider PA-0011, Tract 7984 - Parcel BB -N2 A/8 � Open Space �S Capacity Claimed by Signer: Assistant Vice President & Assistant Secretary of �z Shapell Industries, Inc. /Z >} )1 >l j� / S ?1 ?i )i /✓/✓�:/.///,%'..%./•✓./�//✓'./✓•/✓'./'✓i/✓`/moi✓,i✓/✓/./,/./... /'//.. /•/././//✓'•�✓.//.•//'/•:✓•✓./✓✓/•l.^/✓✓✓•/✓•/'✓./•/✓/�.//././V'//'✓.//✓✓././✓/N'//✓�/✓.'/✓•/•/ aq . THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 1, 2003,by the following vote: couz AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER A?c 5 NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 2003/ 203 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for PA 0011 (cross-reference Subdivision 7984), San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for PA 0011 (cross- reference Subdivision 7984) located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right-of-Way Landscaping) with Shapell Industries of Northern California, a Division of Shapell Industries, Inc., developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right-of-Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. SG:cw I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\BO\2003\4-01-03\PA 0011 130-16.doc Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: Teri Rie(313-2363) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development T-2-1-04 ATTESTED: APRIL Ol, 2003 Shapell Industries of Northern California Sam Worden&Jim Gold JOHN SWEETEN, Clerk of the Board of Supervisors and 100 North Milpitas Blvd. County Administrator Milpitas,CA 95035 National Fire Insurance Company of Hartford Pamela L Stocks 5820 Canoga Avenue,Suite 200 Woodland Hills,CA 91367 By , Deputy RESOLUTION NO.2003/ 203 PI'' SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for PA 0011 (cross-reference Subdivision 7984), San Ramon (Dougherty Valley) area. (District III) DATE: April 1, 2003 PAGE 2 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: $5,500.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: DP398256, December 31, 2002 11. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 190775327, December 19, 2002 Performance Amount: $546,200.00 Labor &Materials Amount: $275,850.00 Principal: Shapell Industries of Northern California, 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. 2003/203 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code §66462 and §66463) Subdivision: PA 0011 (X-REF SUB 7984) Effective Date: 47// J r Parcel BB—NBHD 2A/8 Open Space Subdivider: Shapell Industries of Northern California, Completion Period: 1 year A Division of Shapell Industries, Inc. THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: Maurice M. Shiu, Public Works Direc Shapell Industries of Northern California. A Division of Shapell Industries, Inc. ci ; -7, By: (signature) v vim` (print name&till ) c .-Tro bo A�e, RECOMMENDED FOR APPROVAL S+ ��� , i;�eC.V Dist srOn M By: (signature) Engineering Services Divi 1 (printname8tile) ��-� FORM APPROVED: Victor J.Westman, County Counsel �'t' ` (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"Conn ,"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: $5,500 cash, plus additional security,in the amount of$546,200 which together total one hundred percent(100%)of the estimated cost of the work. Such additional securityis presented in the form of: Cash, certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$275,850,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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of P On I 0 2- before me, v_ Date Name and Title of Officer(e.g..'Jane D'oe,.Notary Public") personally appeared -T--Q v,-e 8 Q,i z-e & M Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -is/are subscribed to the within instrument and ' acknowledged to me that 4efshe/they executed JAMICE T.KRUSE the same in higHeNtheir authorized Commission#1316697 Z capacity(ies), and that by 4ief�their < Notary Public-California > Z "d signature(s)on the instrument the person(s), or Santa Clara County My Cam Expires Aug 24,2M5 the entity upon behalf of which the person(s) acted, executed the instrument. TNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document p Title or Type of Document: SLX 5 D I V is i fl Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ In Ividual \ ' p (� Top of thumb here Corporate Officer—Title(s): Ss S� y• 1 dr- 1 \S S�S� r� ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Solo Ave.,P.O.Box 2402-Chatsworth.CA 91313-2402-www.nationalnotary.org Prod.No.5907 Reorder:Call Tot;-Free 1-800.878-8827 PA-0011 (x-ref Sub 7984) Subdivision:'Parcel BB- N 2 A/8 Open Space Bond No.: 190775327 Premium: $2,731.00 Gale Ranch ll IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to instal andopay for public right of way landscaping, and other related improvements in Subdivision Q@g; 1 x-ref Su = as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. Shapell Industries of Northern Califomia,A 2. OBLIGATION• Division of Shapell Industries, Inc., a Delaware Corp. as Principal,and National Fire Insurance Company of Hartford ,a corporation organized existing under the laws of the State of CT , and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: Five Hundred Forty Six Thousand Two Hundred Dollars and 00/100 Dollars ($ 546,200.00 ) for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Two Hundred Seventy Five Thousand Eight Hundred Fifty Dollars and 00/100 Dollars ($ 275,850.00 ) 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. POWER OF ATTURNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(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,Individually of Sherman Oaks, California 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 Vice President and their corporate seals to be hereto affixed on this 3rd day of August,2001.1.pin Continental Casualty Company ®rt.t� National Fir:Insurance Company of Hartford �s nnr 71. American Casualty Company of Reading,Pennsylvania � MAI�" • r' � -"-'„l �"(� Michael Gengler 7 Gawp Vice President State of Illinois,County of Cook,ss: On this 3rd day of August,2001, before me personally came Michael Gengler to me known,who,being by me duly swom,did depose and say:that he resides in the City of Chicago, State of Illinois;that he is a Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania 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. ♦ "OFRCIAL SEAL• DIANE FALL1WER i not"�.1nf of ioel� • wf�uwrt♦♦♦♦♦♦♦•I ♦o i l♦ 9hd _ My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania 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 c have hrereunto subscribed my name oand affixed the seal of the said corporations this ].9th day of aty �Tl 01SUR,1 ""'ft 2Continental Casualty Company corpmft ' �, National Fir;Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania s $ JULY fl. Ov SEAL Mary A.Ribikawskis Assistant Secretary (Rev. 1/23/01) State of CALIFORNIA County of LOS ANGELES On December 19,2002 before me, Sandy Banner - Notary Public Date NAME,TITLE OF OFFICER.,'JANE DOE, NOTARY PUBLIC' personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) (X) personally known to me- OR - (_) proved to me on the basis of satisfactory evidence to be the persons) whose name(4 is/ammubscribed to the within instrument and acknowledged to me that bWshe/ftM executed the same in hds/her/*mIcauthorized capacity(iss� and that by I wher/ signature(s) on the instrument the person(g), or the entity upon behalf of which the persons, acted, executed the instrument. SANDYHANNER WITNESS y hand and o I seal. Commission D 1362167 . _a— Notary Public-Caftmis /414 Los Angeles Cd mty SIGNATURE OF NOTARY My Comm.Expires Jul 2,2006 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (�) INDIVIDUAL (_) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (_) PARTNER(S) (_) LIMITED (—) GENERAL NUMBER OF PAGES (X) ATTORNEY-IN-FACT (�) TRUSTEE(S) (—) GUARDIAN/CONSERVATOR (�} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of CU-f t (�(��-i� ss. On 1 d before me, Dat? Name and Title of Officer(e.g.,'Jane Doe,Notary Public') personally appeared Name(sof Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-is/are subscribed to the within instrument and acknowledged to me that he/6he,lthey executed JANICE T.1 Commission#13186H13186 7 the same in hie#terftheir authorized i capacity(ies), and that by hisfHet/their Z Santa Clara County Notary Public-California > signature(s) on the instrument the person(s), or 11 qp*Com.ExplilasAug24,2005 the entity upon behalf of which the person(s) acted, executed the instrument. W NESS my hand and offici seal. Signature of Nollary Public I O L Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: P Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual l ` Top at thumb here >Grorporate Officer—Titie(s):P-S S\S T. y P RSS I S l�!c . ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:��-�— -�—�v� 1 t�C , L - J ®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationatnotary.org Prod.No.5907 Reorder.Call Toll-Free 1.800-876-6827 DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLE TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM _ ORGANIZATION NUMBER �—>00 /' (orgonimfion) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. 31 e. �V)z ,-:3 i 1, 1 1 f I _I I_ I f I I I I I I 1 /0 00 � ooD I EXPLANATION- e /' i TOTAL $ = ✓ o J (�— DEPOSIT 9�3 Deposit consists of the following Iterns C 7 C,3- 1 CJ C �I / COIN and CURRENCY $ CCl iv )I O} X11 11 � CHECKS,M.O..ETC $ (• 2/ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT o _(7 PERMIT DP NUMBER � � ?1DATE^ oASSIGNED 0� rhe amount of mone described__a_bove is for._- y _ Treasurer-'s-receipt-of-above amount is approved: 'ReceipY6f"above amount is hereby ,deposit into-he County T Bury. acknowledged iigned: %!n?�{/. /COAP D.J_3_L L r J Signed: Signed: •itle:, r j r, E_ ��L EXT. �%� De* County A dit Deputy County Treasurer 14 REV.(7.93) 000649-9665 / 831000: 61108980, $25,000.00, SUB 8507 Major Subdivision Improvement Plan Review Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 831000: G1108982, $500.00, RS 2742 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 Son Ramon Valley Blvd., Danville, CA 94526 000649-9665 / 831000: 61108984, $16,300.00, SUB 8563 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1108985, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 $14,300.00, SUB 8564 Landscape Improvement Plan Review $26,600.00, SUB 8564 Landscape Improvement Inspection 000649-9665 / 831000: 61108986, $32.400.00, SUB 8631 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1108987, $28,300.00, PA 0011 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1108989, $500.00, R5 2743 Record of Survey Map Check Fee, Bellecci & Associates, Inc., 2290 Diamond Blvd., Suite 100, Concord, CA 94520 819800-0800: 61108983, $3,100.00, SUB 7744 Cash Bond Guarantee of Performance, DeSilva Gates Construction, PO Box 2909, Dublin, CA 94568 819800-0800: G1108984, $2,900.00, SUB 8563 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1108985, $5,100.00, SUB 8564 Cash Bond,.51hape.11 Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1108986, $6,400.00, SUB 8631 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1108987, $5,500.00, PA 0011 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035