Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-176 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 26, 2002, by the following vote: AYES: Supervisors Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT; None ABSTAIN: Supervisor Donna Gerber RESOLUTIONNO. 2002/ 176 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8002,being developed by Shapell Industries of Northern California,Danville area(District III). The following documents were presented for Board approval this date: I. Maps The final map of Subdivision 8002,property located in the Danville/Tassajara area, Supervisorial District M, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Shapell Industries of Northern California,principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Orl€Jnator.Public Works(ES) Contact Teri Ric(313-2363) ATTESTED:. April_0 9 ,2 0 0 2TWCW _ G:\G'P JOHN SWEETEN Clerk of the Board of and c:�c�pnata�Engsvctiaootznaz�-z6-ozv�gonz so-zl.a� � Super-visorsCounty cc: Public Works—T.Ben,Construction Administrator Current Platnttg,Cona nmity Development T—1/26/03 Shapell Fndustries of Northern California loo North Milpitas Bly(L By Deputy Mt7pitas,CA 95033 Aft:Steve Savage&Sam Worden Arnerican Casualty Company of Reading,Pennsylvania 21650 Oxnard Street,Suite 600-4 Woodland!mils,CA 91367 RESOLUTION NO.2002/ 176 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8002, being developed by Shapell Industries of Northern California,Danville/Tassajara area(District III). HATE: March 26, 2002 PAGE 2 A. Cash Bond Performance amount: $66,440.00 Auditor's Deposit Permit No. 382409 Date: March 1,2002 Submitted by: Shapell Industries ofNorthern California Tax ID Number: 95-2578030 B. Surety Bond Bond Company: American Casualty Company of Reading Pennsylvania Bond Number: 929206140 Date: February 21, 2002 Performance Amount: $6,577,560.00 Labor&.Materials Amount: $3,322,000.00 Principal: Shapell Industries of Northern California III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2001-2002 tax lien has been paid in full and the 2002-2003 tax lien,which became a lien on the first day of January 2002,is estimated to be$157,000,with security guaranteeing payment of said tax lien as follows: Tax Surety Bond Company: American Casualty Company of Reading Pennsylvania Bond Number: 929206142 Date: February 27, 2002 Amount: $157,000.00 Principal: Shapell Industries of Northern California NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/176 SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Shapell Industries of Northern California, Subdivision: 8002 Principals a division of Sh3,-e11 tnrittctrieG luc Effective Date: Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director By: {signature) _ (Feint peens tle)RECOMMENDED -`- AEKQVAL 61 J.C. Truebtr i e asst. Vice President By: (Signature) Engineering Servi si Div o (Print name&dde) grk Westphal FORM APPROVED: Victor J.Westman County Counsel Asst. Sectretd. , ty (NOTE: All signatures to be acknowied�3ed.IfI'rincipat is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called" .County"and the above-mentioned Principal mutually promise and agree as,follows concerning this subdivision: 2. IMPROVEMENTS. Principal 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). Principal 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. LMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: S 66,440.00 cash,plus additional security,in the amount:$ 6,577.560¢00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is pre>rated in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal 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:S 3.322.000.00 .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, Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal, 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 County of p'W-V F) fes ss. on :�3 L� 0 --2` �before me, af:s,W - ateNarne'� -Y end THk M Officer(e.g.,"Jam hoe,Na4ry. PuWINry personally appeared (44-114)A of e(a) ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that-+eAWveAhey executed the same in 449Aw/their authorized capacity(ies), and that by #i~their signature(s)on the instrument the person(s),or aaa.rar.a� the entity upon behalf of which the person(s) •fANIGE T.KRUSE acted, executed the instrument. Cammiaslon i 1318887 ' (Votary Public-California ITNESS my hand a fficia!se Santa Clara County My Corm.is xptreaAug 24,2005 Signature of Notary Public Vr Though the Information below is not required by law,K 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 .- t� 1v \S to Y3 Q..Nt �& Title or Type of Document: dl �E?!'1`� Document Date: Number of Pages: Signer(s)other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate officer @"-Title(s): ❑ Partner—❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: r Signer Is Representing: ®1999 National Notary AmmialMn•9350 6e Sob Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.natbnalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800.978-6927 wum Y uP CVNTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TRIER: : MARTINEZ,CALIFORNIA RECErvED FR6A ORGANIZATION NUMBER (Por Cosh Collection Procedures sae County Administrator's Bulletin 105.) DESCRIPTK)I PUND/oRa SUB. TASK OPTION ACTIVITY AMOUNT ACCT. Ir/4 A L� CSF PG-At115 14- 5 61)45c)o S l.( b 1 L. 16-4 H 1,4 -t � U ; t�a" ?51ld }' t LIS ` 3 � { >r5 JSic�� `7 1 1C N7ltt�C� V ;cea 5'a9 1 f a /LJ. i i c sue) 151 qgq5118 � ; I`� EXPLANATION: r TOTAL $ t (7 /G' / `% DEPOSIT �. G' Deposit consists of the following item _ COIN and CURRENCY $_ CHECKS,M.Ct,ETC. $.`- BANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSK3NE 40 # L2 ____ The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged " Signed: 1t, Data - ✓-- Signed Title '°. t ' 1)►p EXT. J'rY Deputy Audi uty County Treasurer D-34 REV.(7-93) c COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER , ` L) (Far Cash Collection Procedures sae County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG ACCT TASK OPTION ACTIVITY AMOUNT $ c.�`7, t�c� ►act i . i r i I r r I i { i i f 1 i f 1 I 1 i t r t I i t r { EXPLANATION: TOTAL $ t DEPOSIT t Deposit consists of the follovAing items COIN and CURRENCY $ CHECKS,MD,ETC. S BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT AL3 PERMIT Dp -- - NUMBER / DATE t . ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above am nt is hereby into.the County Treasury.7. dged —---Date ) Signed- Title. Lk EXT. Y" Dapu unty AudDeputy County Tmagm D-34 REV.{7-93} w 0682-9752 / 819200: G1091193, $24,000.00, RA1107, Shapell Industries, 100 n Milpitas Blvd, Milpitas, CA 95035 0649-9665 / 831000: G1091178, $500.00, Record of Survey, 852652, Moran Engineering Inc, 1930 Shattuck Ave suite A, Berkeley, CA 94704-1022 0649-9665 / 831000: G1091179, $500.00, Record of survey, 852653, Plaza Center, c/o Fames Weir, 11256 Arnold Dr #289, Martinez, CA 94553 0649-9665 / 831000: G1091182, $23,840.00, DP3001-99, Inspection Deposit, Wentz Group, 1599 Industrial Road, San Carlos, CA 94070 x 0649-9665 / 831000: G1091184, $8,441.00, SUB 8152, Landscape Inspection Fee, Windemere BLC Land Co LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 0649-9665 / 831000: G1091185, $9,350.00, SUB 8149, Landscape Inspection Fee, Windemere BLC Land Co LLC, same as above 0649-9665 / 831000: G1091186, SUB 8150, Windemere BLC Land Co LLC, same as above Map Check Fee $1,743.81 - Plan Check Fee $17,813,27 Inspection Fee $5,107.50 , Plan Check Landscape Fee $7,439.89 ; Inspection Landscape Fee $5,413.00 - 0649-9665 / 831000: 01091187, SUB 8157, Windemere BLC Land Co LLC, same as above Plan Check Fee $3,317.67 � Inspection Fee $3,672.00 Plan Check Landscape Fee $7,887.36 � Inspection Landscape Fee $6,687.00 - 0649-9665 / 831000: G1091188, SUB 8151, Windemere BLC Land Co LLC, same as above Map Check Fee $682.88 - Plan Check Fee $2,566.08 Inspection Fee $2,415.50 . Plan Check Landscape Fee $7,379.33. Inspection Landscape Fee $5,322.00 0649-9665 / 831000: G1091189, $2,572.50, SUB 8158, Inspection Landscape Fee, Windemere BLC Land Co LLC, same as above 0649-9665 / 831000: G1091190, $5,673.00, SUB 8154, Inspection Landscape Fee, Windemere BLC Land Co LLC, same as above 1 M 0649-9665 / 831000: 61091191, $59,715.17, bA0002, Inspection Fee, Windemere BLC Land Co LLC, some as above 0649-9665 / 831000: 61091192, $100,000.00, SUB 8002, Inspection Fee, Shapell Industries, 100 n Milpitas Blvd, Milpitas, CA 95035 . 0649-9665 / 831000: 61091193, $50,000.00, RA1107, Inspection Fee, Shapell Industries, 100'n Milpitas Blvd, Milpitas, CA 95035 819800-0800: 61091180, $40,000.00, E16241, Metropolitan Life Insurance Co, One N Broadway Suite 500, White Plains, NY 10601 ► 819800-0800: 61091184, $1,100.030, SUB 8152, Landscape Cash Bond, Windemere BLC Land Co LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: 61091185, $1,300.00, SUB 8149, Landscape Cash Bond, Windemere BLC Land Co LLC, same as above 819800-0800: 61091186, SUB 8150, Windemere BLC Land Co LLC, same as above Performance Bond $8,100.00 Landscape Bond $1,000.00 819800-0800: 61091187, SUB 8157, Windemere BLC Land Co LLC, same as above Performance Bond $5,800.00 Landscape Bond $1,000.00. 819500-0800: 61091188, SUB 8151, Windemere BLC Land Co LLC, same as above Performance Bond $3,800.00 Landscape Bond $1,000.00 819800-0800: 61091189, $1,000.00, .SUB 8158, Landscape Cash Bond, Windemere BLC LandCo LLC, same as above . 819800-0800: 61091190, $1,000.00, SUB 8154, Landscape Cash Bond, Windemere BLC Land'Co LLC, same as above , 819800-0800: 01091192, $66,440.00, SUB 8002, Shapell Industries, 100 n Milpitas Blvd, Milpitas, CA 95035 , 819800-0800: 61091193, $19,712.00, RA1107, Shapell Industries, 100 n Milpitas Blvd, Milpitas, CA 95035 2 I (o Subdivlsionz 8002 Bond No.: 929206140 Premium: $23,021.00 IM1P OVF.MLNI~SECURITY BOND FOR SUBDIV'ISIUN AGREEMENT (Performaiice, Guarantee, and Payment) (California Government Cade H 66499- 66499.10) 1. REg S`I18riIU=A=IiNI: Tile Principal has executed an agreement with the County to install and pay for street, drainage, and other innprovements in Subdivision 8002 , as specified in the Subdivision Agreement, and to complete said work within.the time specified for completion in the Subdivision Agreement,all iri accordance with.State and local laws and ruffs thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision, 2. gWgA3=: Shapeli Industries of Northem Caiifomia,A Division of Shell industries,Inc. aq Pr ,am a corporation organized e under der the laws of the State of PA , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, admiWstrators, successors, mid assips to the County of Contra Crista,California to pay it: Six M1111on Five Hundred Seventy Seven A. PeAmumee and Guarantee.- 'thousand Five Hundred Sbdy Dollars and tmlldtt ($6,577,160.00 MM-fbr itself or any city assignee under the above County Subdivision Agrerrrnt, Plus B nt. Three Million Three Hundred Twenty Two Thousand Dollars and 001100 Dollars $3,322,000.00 1 to secure the clairm to which reference is made in. Title XV (coming with Section 3082)of Part 4 of Division III of the Civil Code of tlr,State of California. J. i A Ilie Condition of this obligation as to Section 2.(A)above is such that if the above bonded Principal, his or its.heirs,executors,administrators, successors or assigns,shall in all things strand to and abide by, and well, and truly keep and perform the covenants, conditions and provisions inthe 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 mamer therein specified, and in all respects according to their true mtertt and meaning, and shall 'indemnify and sage h;arnitess the County of Contra Costa (ter city as*=), its officers,agents and employees, as therein stipulated, tion this obligation shall become null and void;otherwise it shall be and ienuin in full farce and.effect. As part of the obligation secured hereby and in audition to the face amouaat specked tberefore,there sha3l be included costs and reasonable expenses and fees, including reasonable attorney's fees, imma-ed by County(or cityassignee)in succemdully 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 frrnly bound unto the Comity 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 fiunisbed or labor thereon of any kind,or for amounts due maunder d-&Llnernployment Insurarx:e Act with reset to such work or labor,that said surety will pay the same in an amount wt exceeding the amount herein alx)ve set fortbx and also in came suit is brought upon this band, 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 successfuRy enforcing such obligation, to be awarded and fixed by the court,and to be taxed as rests and to be included in the judgement t}ierein rendered. It is hereby expressly stipulated and agreed that this frond shall inure to the benefit of any and all persons,cornpan=7 and corporations entitled to file claim under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil.Cade,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of fts bond be My perfonmed then this obligation shall became null and void, otherwise it mall 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&hall relieve any Surety from liability on this band, and consent is hereby given to miake such alteration without further notice to or consent by Surety,and the Surety hereby waives the provisions of California Civil Code Section 2813, and holds itself bound without regard to and independently of any action agahL-,t Principal whenever taken. Sifj Al S ALM)on February 21, 2002 Shepefl Industries of Northem 'RINCIif'AL, California,A DMalon of Shaped Industries,Inc. SURFTY:: American Casualty CompanX-of Reeding,Pennsylvania Address. 100 North Milpitas Boulevard .address: 21650 Oxnard Street, Suite 600-4 City: Milpitas Zip: 95035 City: Woodland Hills Zip. 91367 By:' By: Print Name: t��' � �' t— Print Nam: Marie A. Cook Title: C> 'i Title: Atrorney4n-Fact �u�vs.t�uxrx�+n.� �rrvucsH•la.a�� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California i County of ss. On l 2 r before me, ki�"4p— Dats Name and Title of Officer(e.g.,'Jar*Doe Pubi personally appeared _ �f t`� y�.J' .a—\ p 1+( �. Name(e)of Sigrrar(a) ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Wass— subscribed to the within instrument and acknowledged to me that he/aheAhW executed ( the same in hisAiefAheif- authorized capacity(ies), and that by his/he#*retr- signature(s)on the instrument the person(s),or JA T.KFtUOS E� the entity upon behalf of which the person(s) _ Commission 91318697 [[[ acted, executed the instrument. 4D*ConTM EWh0AU9 24.2W5 I (I- Notary Public-California Santa Clara County TN�myhandd ' ' steal. SJr.tur.of Notary Public OP'T10 Though the Information below is not required by law,At 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: -- = C -. Document Date: 2— ti 2- Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner----❑Limited ❑General ❑ Attorney-in-Pact © Trustee r ❑ Guardian or Conservator • Other: Signer is Representing: 0 1995 Nadolol Notary Aeanclttlon•060 De Soto Ave.,P.O.Boz 2402•Chatsworth,CA 91313.2402•www.nationainotary.org Prod.No.5907 Reader:Cell Toll-Fres 1-800-876-M27 S 4' 4 } R' S` 1' ► t ir' • 'a f' aM 1 yy yy 4� 4 f � 4 l � � t y [ POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT (Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an I»nois corporation,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania cot pa stIon(hervin collectively called"the CCC Surety Companies"),are duly agahzed and corporations having their prhx#aI oftes in to City of Chino,and State of Mnois,and that they do by virtue of the signaboe and seals heroin arfffoced hereby crake,coradtute and appoint Marie A.Cook,In of M ,California their true and*AA Attomsy(s)4n Fact with full power and authority hereby conlbrred to sin,asst and executor,for and on their behalf bonds, undertakings and other obligatory Instruments of similar mature -In Unlimited Amounts- and to bind thein thereby as Melly and to the same exbent as If such insCrunssants were signed by a duly authorized oftfcar of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby rata fed and comtmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laves and Resolutions,printed on the reverse hereof, duly adopted,as Indica ted,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seats to be hereto aftbced on this 18th day of June 1 1888 CONTINENTAL CASUALTY COMPANY ' e" NATIONAL FIRE INSURANCE COMPANY OF HARTFORD `{ AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA Marvin J.Cashion Group Viae President State of Illinois,County of Cook,ss. On this 18th day of Juno , 1888 ,before me personally came Marvin J.Cashion,to me known,who,being by me duly swam,did depose and say:that he resides in theCity of Chino,State of tgirtois:that he is a Group Vias 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 irtstrumerst*than he knows the seals of said corporations;that the seals aiffoced to the said Irsbvrnent are such corporate seals;that they were so~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. JOIN PUBLIC 'CoYM My Commission Expires Maras 8,2000 Mary Jo Abel Notary Public CERTIFICATE f,Mary A.Ribikawskis,Assistant Secrebuy 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*A in force,and further certify that the By-Law and Resolution of to Board of Directors of each corporation printed on the reverse hereof are still in tree.In testimony whereof I have h subscnbed my name and affixed the seals of the sold corporations this��dsy of � —� r CONTINENTAL CASUALTY COMPANY ,rl- Uy qtr. ' r*c� y+ "�0"ir NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA AAS SEAL C Mary A.Ribikawskis Assistant Secretary 3v.1011187) 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 f dowing By-law duty adopted by the Board of Directors of to Company. "Arltcle[)G--Execution of Docomenb Section 3.Appointment of Attcmeywin-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Viae President may,from time the time,appoint by written certificates attomeys-irrfact to ad in behalf of the Company in the execution of pow of insurance,bonds,urndertaldngs and otter obligatory i of as realtue.Such atflomeyar+n-fact*subject to the limitations .set forth in their respective cortiftates of authority,sW have fed power to bind the Company by their signature and execution of any such irvWumon s and to attach the seas of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vias President or the Board of Directors,may,at any time,revoke d toww"and authority previously given to any sd rney4n-fact" t This Power of Attorney is signed and sealed by facsimile under and by the authxity of the following Resolution adopted by the Board of Directors of the Company at a meeting duly died and held on the 17th day of February, 1993. 'Resolved,that the souluro of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsinge on any power of atizsmey granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and to seal of the Company may be affixed by facsimile to any cerdlicaia 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 cortifled 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 an the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed punt to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article W--Execution of ObBgations and Appolritmont of Aftmty4n-Fact Section 2 Appointment of Attomsy4n-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 cartificsates alt nurp 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,shah have fug power to bind the Company by their signature and execution of any such ine*%ffi nts and to attach the seal of the Company thersto.The President or any Executive,Senior or Group Vice President may at any time revoke of power and authority previously given to any y4n-fact.' This Power of Attorney is signed and sealed by facsimiile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. `Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-laws,and the souture of the Secretary cu an Assistant Secretary and the seal of the Company may be alfixed by facsimile to any certificate of any such power and any power or cer"cats bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by cortficats so executed and sealed shag,with respect to any bond or undertaking to which it is attached,continue to be valid and bkxft an 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 autihority of the following Rescl tion.duty adopted on February 17,1993 by the Board of Directors of the Company, 'RESOLVED:That the President,an Executive Viae President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by wren certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of Insurance,bonds, undertakers and other obligatory instruments of like nature.Such Attcmey-n-Fact,subject to the limitations sat ftth In thele respective certificates of authority,shall have full pourer to bind the Corporation by their signature and execution of any such Instrument and to attach the seal of the Corporation thereto-.The President an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duty called and held on the 17th day of February,1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Sensor or Grouse 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 awry be affixed by facsimiie to any certificate of any such pow,and any power or certificate bearing such facsimle signature and seal:shag be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shag with respect to any:bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." 2/26/2002 FATCO$42 8002 Tax collector's office William J.Poliacek 625 Court Street Contra County Treasurer-`rex Collector Finance Building, Room 100 P.C.Box 631Joseph L.Martinez Martinez,California 94553- Casts Assistant'Tax Collector 0063 (925)6464122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor Date: 2/27/2002 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# Cly- T.R.A. 8002 DANVILLE 66123 Parcel#: 206-0303-006-4 and have determined from the official tax records that there are no unpaid County taxes heretofore levied',on the property included in the map. The 2301-2002 tax lien has been paid in full. Our estimate of the 2002-2003 tax lien, which became a lien on the first day of January, 2002 is $157,000.00 This tract is not subject to a 1915 Act Band. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treast4r x oI or By: PRING'I AL E G"O NY SURETX Shapell industries of Northam American Casualty Company Califomial A Division of Shapell Industries, First American Title of Reading,Penns)t mnla 100 NoElb Milgftgs B2ulevard 13%Willa&_Way#100 7%P o"wors 54' r, !• ' Milpitas Concord ,,,�,,,, �.�, , t`�} �1 •� f{ 95035 CA 94520 Attn: �gr., Y Attn: Barbara Pinto Attn: Bond Department l � .A '_L 5 50 925 356-7025 $t�`t '7(' — BOND NO. 929206142 PREMRW: $550.00 BOND AGAINST TAXES KNOW ALL MEN BY THEM PRESNIV1<'S: THAT Shapell Industries of Northern California,A Division of Shapell Industries, Inc. �as,pdacipal and (Surety).6Medcan Casualty 99MI20 tY 9fRge�� a ccxPoration organized and existing under the laws of the State of PA and aiutbcxtxed to transact surety business in CAUbmia as suety are held and firmly bound unto the County of Centra Costa, Stats of California,in the,penal sum of One Hundred F&Seven Thousand Dollars and 00/100 dollars (g 157',000 00 ),to be paid to said Comity of Contra Geta,far the payment of which will and truly be rnewdr,we and each of us bind ourseivw,eiur heirs,ateaftn,administrators and sora,jointly and gait},firmly by these pre seam Sealed with our Seats and dated this 27 clary of February 2002 7hes conditions of the above obligation is such that,WBEREAS,the above bounded pdncipal is about to file a map entitled Tract 8002 and covering a subdivision of a tract ofland in$aid Catrztty of Contra Costa, and there are census liras for tauten and special assessments collected as taxes,against the said tract of lard covered by said map,which taxes and special assessments collected as taxes,are not as}rel due or pays W. Shapell Industries of Northern MW, J"HEPJWOR]3,if the said California,A Division of Shapell Industries,Inc. bitall pay all of meg an special assessments c oUected as taxes which are a lien against said tract,of land cowed by said map,at the time of the filing rsf said map of said tract,then this obligation shall be void aW of no effw.otherwise it sball remain in full force and effect. Shapell 1 uloof Northam Calif , c. (Apprmed Static►? By: Principal (Attach Acknowledgement by Principal) American Casualty Company of Reading, Pennsylvania ( ttach Acknowledgement % � by Surety By= �� g` 118 Marie A. Cook surety DATE: Attom ey-in-Fact BOND RLVIRWbID AND APPROVED CONTRA COST OOUNTY T COLUCTOR B CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } SS. County of �Rr On before me, PJ N-C '- t Data Name and Title of Ofter(e.g.,"Jana toe,Notary Pubkj personally appeared - o O kame(e)et Spner(a) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aF- subscribed to the within instrument and acknowledged to me that he/sheAker executed the same in his/herfthi&- authorized capacity(ies), and that by his/heOtheir- signature(s)on the instrument the person(s), or JANiCET. �$� the entity upon behalf of which the person(s) Commission#134il6t37 acted,executed the instrument. Notary Public-Call In ITNESS my haeLand official seal. Santa Clan County Q*CwmEq*e@AugZ4,2W5i i Signature of Notary Public OPT/ 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. i [description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: WARN ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): El Partner—❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 Nalfonal Notary Association•9360 pe Seto Asa.,P.O.sox 24o2•Chatsworth.CA 913132402•www.nationainotaryory Prod.No.5007 Reorder.Call Toll-Free 1.900.876-eW ro.� t, ► s t+ tl• + � � .r �y ♦ # 1 :P i. � 1 7 4'+ i t`I y S'f >�l 13 ti k' nh h.Sih.'h f' t: ! •. _:t h.. h �h. it h ( � ! i hht � 'h hh'. h'. Y ,` f� •fi 1 ��. 717 it , Jr 1] y` t�1 ly ■ - it 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 to Company. '�Arifcie G--�C�sctitSnn of Docum Section 3.Appointment of Attomey4rrfocL The Chairman of the bard of Directors,the President or any Eire,Senior or Grioup Vico Pres kW t may,frotth time to time,appoint by written certificates attorneys-in4act to act in behalf of the Caripany in the execution of Poll= s of Insurance,bonds,undaitakirngs and other obligatory Instruments of fila roam Such attonnoys-in-fact subject to the limitations set fortis in their respective cortlikates of authority,shall have ftil pourer to bind the Company by their signatiure and execution of any such instruments and to attach the earl of the Company thereto.The Chairman of the Board of Directors,the President or any Execuliva,Senior or Group Vice P or the Board of Directors,may,at any tine,revoke a9 pourer and autho+^ity previously him to any aftray-iin-fact* This Poww of Attorney in signed and seated by bosimhls under and by the authority of to following Resolution adopted by the Board of Directors of the Company at a meeting duly raked and held on the 17th day of February,1993. "Resolved,that the signature of the President or any Ex ecudve,Senior or Group Viae President and the seal of the Company may be aflbad by facsimile on any power of attorney granted pursuant to Soctim 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 sigrnatii and seal shell be valid and binding on the Company.Any such power so executed and sealed and cerliffed by certificate so executed and sealed shall,with rasped to any beard or undertaking to which it is attrechisd,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 duty adopted by the Board of Directors of the Company. -ArticleW—Execution or obiigatttom and Appointmertt of Attomey4n-Fact; Section 2 Appointment of Attorney-in-!"acct.The Chairman of the Board of Directors,the President or any Executive,Seng or Group Vice President may,from time to time,appoint by written certificates attxneys4ri-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of Ulm nature.Such attom et,subject to the limitations set forth in their respective certain of authority,shad 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 Vices 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 faceirnoo under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duty called and held on the 17th day of February,1993. *Rssolvrad,that the signature of the Preskient or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by ffresirritie on any power of attorney granted pursuant to Section 2 of Article VI of the By-Lavers,and the signature of the Secretary it an Assistant Secretary and the sad of the Company may be af1'txed by facsimile to any cerdficato of any such power and any power or cortificats bearing such facsimile signature and seat shell be valid and binding on the Company.Any such power s4 executed and seated and certified by certificate so executed and sealed stall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on tate 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 Resclutfon.duty adopted on February 17, ISW by the Board of Directors of the Company. 'RESOLVED:That the President~an Executive Vice President,or any Senor or Group Vice President of the Corporation may,from time to time.appoint,by wetter►cortificates,Attomeys-In-Fact to act in behalf of the Corporation in the execution of policies of msuniincen,bonds, undertakings and other obligatory Instruments of Re nature.Such Atiomey4n-Fad,subject to the Ilnitatisns act forth In their r pecttve certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senor or group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey4r Fact.' This Power of Attorney is signed and sealed by facsimile under and by the authority of the Wowing Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. *RESOLVED:That the signature of the President;an Executive Vice President or any Senior or Group Vice Pr silent and the seal of the Corporation may be afted 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 fac olmilia to any certificate of any such power,and any power or certificate bearing such facsimile signature and seat shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation.' B. The condition of this oblation 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 teen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials fiumished or labor thereon of any kind,or for amounts due under the Unernploymem Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not excauliqg the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact mount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and fared 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 ft benefit of arty and all persons,companies and corporations entitled to file clams under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Cade,so as to give a right of action to thorn or their'assigns in any suit brought upon this bond. Should the condition of this band be fully perfomned thins this obligation shall became null and void, otherwise it shall be and remain in full force aW effect. C. No alteration of said subdivision agreement or any plan or specification of said work agmd to by the Principal and the County &hall relieve any Surety from liability on this band, and consent is hereby given to mace such alteration without further notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and.independently of any action against Principal whenever taken. SIQM ANR SEAILID on February 21, 2002 Shapell Industries of Northern P {; : California,A 17MWon of Shapell Industries,Inc. SU 'J(�TY*. American Casuafty Company of Reading,Pennsylvania Address: 100 North Milpitas Boulevard Adams: 21650 Oxnard Street, Suite 600-4 City: Milpitas Zip: 95035 City. Woodland Hills Zip. 91367 By: By: Print Name: ' 't�'`� ' print fgame: Marie A. Cook Title: oad Title: AttorneyAn-Fact