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Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-552 OWD THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on September 17, 2002 by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.2002/ 552 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1103 (cross reference SUB 7984), for subdivision being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley)area. (District IIl) The following document was presented for Board approval this date for RA 1103 (cross reference SUB 7984), located in the San Ramon area. A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of Northern California, 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. 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: $8,200.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 391840,August 22, 2002 Mew I hereby certify that this is a true and correct copy of an action Originator: Public Works (ES) 1103 sou 6.dvc taken and entered on the minutes of the Board of Supervisors on Originator: Public Works(ES} p Contact:Teri Rie(313-2363) the date shown. cc: Public Works-T.Bell,Construction Current P7anming,Comrnwity Development T—July 2003 ATTESTED:___September 17, 2002 Shapell Industries of Northern California P.O,sox 361169 JOHN SWEE'T'EN,Clerk of the Board of Supervisors and County 100 North Milpitas Blvd. Milpitas,CA 95035 Administrator ATT:Sam Worden,Steve Savage&Jim Gold National Fire Insurance Co.of Hartford 21650 Oxnard Street#600 Woodland Hills,CA 91367 By Deputy RESOLUTION NO.2002/552 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1103 (cross reference STB 7984), for subdivision being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) DATE: September 17,2002 PAGE 2 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929247990,August 14, 2002 Performance Amount: $810,300.00 Labor&Materials Amount: $409,300.00 Principal: Shapell Industries of Northern California 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. 2002/552 SUBDIVISION AGREEMENT {Right of Way Landscapin ) (Government Code§66462 and 966463) Subdivision: RA 1103 (x REF SUB 7984) Effective Date: Subdivider: SHAPELL INDUSTRIES OF NORTHERN Completion Period: 1 year CALIFORNIA THEc.E SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: COK.rRACOSTA COUNTY SUBDIVIDER: (Name and Title) Maur'ce M. Shiu, Public Works Di r SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA By: ' 1 V+i (signature) BY: � (print name&title) 3`C. Truebr1d e RECOMMENDED FOR APPROVAL: Exec• V.P. By: (signature) B Eng Bering Services Divisi rr (print names tine) ark w e s tp Asst. Secty. 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 improk-ement plans for this subdivision as reviewed and on fife with the Contra Costa County Public Works Department and In conformance with tl3e 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 accor ':ance 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. IMPR V MENT 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: $8,200.00 cash,plus additional security, in the amount of_$_ 810,300.00 —which together total one hundred percent(100°1x)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 under this Agreement and maintenance of the work for one year after its cornpletion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security In the amount of$_409.300.00 , which is fifty percent (50%) of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashler'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 furr*.Shing 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 securif es may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANT, JF WORK. Subdivider guarantees that said %,.K shall be free from defects in material or workmnship and shall perform satisfactorily for a period of ane-year from and after the Board of Supervisors accepts the work as complete in accc?dance 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 systen- 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agrees ient. Saia 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 etablishment work shall be performed for a period of one-year from and after the 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 PLA_ N WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work wi 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 re.01pect, 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 accept;:.ince 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 relieva;he Subdivider of his obligation to fulfill this agreement as prescribed; nor shall the County be thereby be stopped from bringing any action,.or 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 indemnitiol benefitted and protected by this promise are the County,and its special district,elective and appointive board;commissions,officers,agents,and employees. B. The Ii ilitie protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened becauc<e of actions de!nod 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 anytime 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 I€r bilitles and claims. C. The actions causiniIf Ii are any act or omission(negligent or non-negligent)in connection with the matters covered by this:Agreement and attributable to the ubdivider,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 lndem iltee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has Insurance or othsr indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any indemnity. 9. T : Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities requirt4, thereby. 10. SURVEY . Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the Count,Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11 NON-PERFORMANCE AND COST$: If Subdivider fails to complete the work within the time specified In this A reement,and subse:Iluent extensions, or falls 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 C,<untyproceeds 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 Subd[ lder 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 terrx':ory 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 beneficJ. iary 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 Subd'rvision. .wEap Gi:iQrp0R2e\En9 \Fom,slAO WORMAG-30XWc Rev.M*a 18,2W11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On6- A j ;,7 a61 before me, Lk`r datey-'/'y Name and S1tle of Officer(e.g.,`Jane Doe,Notary Public') personally appeared ,..1, LO /f - - w L�-- Name(s)of Signer(s) Cf��sonally known to me improved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is4Q0 subscribed to the within inst ment and t] PANDORA U]I CiiAN acknowledged to me that he/s he xecuted Commission*1339611 the same in his/he eir authorize Notary Public-California capacity(ies), and that by his/h eir Santa Clara County signature(s) on the instrument the persons, or %VMYComm.E)O+e Jan 10,20M the entity upon behalf of which the person(s) acted, executed the instrument. ITN my hand and ial 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 / Title or Type of Document: I!Q An 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 11 Other: Signer Is Representing: 0 1999 Natlonal Notary Association-9350 De Soto Ave.,P.O.Box 2402 Chatsworth,CA 91313.2402•www,nationainotery.org Prod.No.5907 Reorder.Cali Toll-Free 1.800.876-8827 COUNTY OF CON COSTA DEPOSIT PE T —)OFFICE OF COUNTY DIT CONTROLLER TO THE TRE kSURER: MARTINEZ, LIF IA RECEIVED NtOM i1 O ANiZATION NUMBER r , . (,�c S (For Collectic� Procedures see C nfy Administrator's Bulletin 105.) DESCRIPTKk FUNDJORG. UB. TASK OPTION ACTIVITY AMOUNT TA 9�1 s J_ ,•r)T 6x JA L 6-� _ I Poe, Ile C� � L I �CIL �" r �e� I 17, jNb -- 11 IL I 1 14 1 1I I I I I I I I L 1 1. L 1 . I. o r' EXPLANATla*_ ,+^ TOTAL e✓.- t } r DEPOSIT 17, {� Deposit consists of the following hrm COIN and CURRENCY $ CHECKS,KO.,ETC. S BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE.ONLY —�- >' DEPOSIT PERMIT DP NUMBER DATEG3$1840 AUSg2' 1/ ASSI The orn +a=money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby sit:nto County Tr�iury.. acknowledged. Sigt %� � t. f� ;�C•� �,., tee( j. d' •, Signed: 'Title; ?;` e2 V�ix C ' puty County Auditor Depu ounty Treasurer -34 REV.(7-93) , 000649-9665 1831000: 61093910, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 $49,920.00, DA 0004 Plan Check $44.0.00, DA 0004 Improvement Inspection 819800-0800: 61093897, $8,200.034, RA 1103 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093898, 11,000.00, RA 1104 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093899, 6 $00.04, RA 1105 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: 61093900,' 1,200. , RA 1116 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093901, 2,300.00, RA 1117 Cash Bond, Shapell Industries of Northernt/ California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093902, $19,800.030, RA 1122 Cash Bond, Shapell Industries of Norther California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093903, $1,800.00, RA 1125 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093904, $26,900.00, SUB 7984 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093905, $5,500.00, PA 0003 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093906, $77,600.04, RA 1122 (SUB 7984) Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093907, $54.800.00, SUB 7984 (Neighborhood #1) Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093908, $21.300.00, RA 1114 Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: G1093909, $16.400.034, RA 1125 Cash Bond, Shapell Industries of Northern/ California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093888, $5 .00, RS 2698 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 Sam Ramon Valley Blvd, Danville, CA 94526, 000649-9665 / 831000: 01093889, $500.00, RS 2699 Record of Survey Map Check Fee, Real Estate Engineering, Inc., 1760 Halford Avenue, Ste 360, Santa Clara, CA 95051 000649-9665 / 831000: 61093897, $20,166.00, RA 1103 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093898, $8,000.00, RA 1104 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 01093899, $33,295.00, RA 1105 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: 61093900, $8,968.00, RA 1116 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093901, $14,034.50, RA 1117 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: 61093902, $46,219.00, RA 1122 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093903, $11,388.50, RA 1125 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093904, $62.178.25, SUB 7984 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093905, $28.147.00, PA 0003 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093908, $48,554.89, RA 1114 Plan Check, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 01093909, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 $18,834.00, RA 1125 Pian Check $27,345.00, RA 1125 Improvement Inspection $13,563.00, RA 1125 Landscape Inspection r 819800-0800: 61093910, $9,000.00, DA 0004 Cash Bond, Shapely Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 Subdivision: RA-1103,XREF SUB 7984,Gale Ranch if Bond No.: 929247990 Premium: $4,052.00 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. REcrrAL of SupwyIsm AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision RA-1103.XREF SUE 13484. Gale_Ranch ti as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: Shapeli Industries of Northern California A Division of Shapell Industries Inc ,as Pfincipal,and National Fire Insurance Company_of Hartford ,a corporation organized existing the laws of the State of _ CT ,and audl prized to tranmet surety business in Cafforilia, as Surety,hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors,and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: Eight Hundred Ten Thousand Three Hundred Dollars and 00/100 Dollars($ 810,300.00 }for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: Four Hundred Nine Thousand.Three Hundred Dollars and 00/100 Dollars($ 409,300.00 )to secure the claims to which reference is made inTitte XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. , +r +rDM0N: 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 shalt 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 M force and effect. •: # f R + = # 1 I c• 1_ _ R ;t{# It .f ! • i • 1 ' a t# 11 #- Y r• f" • _ 1` ' I/ 1 ! # 11 • '-Ii�- 1 � ` / • )t� # ! C tlil / � f !" i# " 4� 1• ' + 1"! : f !f . - ' 1' t /f F• 1• R t # t.- • i # _•I t : f : /# % ! 1 # : f # f 111 t # :!# ` fl.; {.` 1 % t# # /." 1" '# 1 - II;t 4 • It !' • ILat ' f 1 ` f . • ;`I �" 1!- i :tt.r 1.. -.• • 1! 1:" # : • ## ' • /I: I 1'• 4 %!# i.• i • at f# • # a /.• U t it! ' I"Awilk JIM + • # :�• ; # � !: 1` :111.' If :11 a! ♦ 1/ 1• - •'' � N' 1." :1 ,• H 1" - 11 :4f - " • 1 % It : 4 1 - `. ! • t 1. !# i 1 i4lr + � 1: tl :4• 41 # t" aft# i # at• • #" '.r : # : 1! • f" I1 • #. lI. 1 � * /{-,` 1 #�. - II i# • :IM• *� "# If 1 4# 1• '.#.: I{ # ` i" 1" # % 1 %Ikf : :t• f ••- : • 1 1 '.r • / :.11 ' t•" # 111 t 1 1• ' f # / i :ii R • 11 $• t f " t• 1 1 I In lip-, • 11 !: : t! 1. • 1 t% :11 f1t : ! ft 1 .; •• 1• %II• # 1 " t 1' 1 of If 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,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania coo oration(herein collectively called"the CCC Surety Companies"),are duly organized and existing corporations having their principal offices in than-ity of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint .Margarat Leong,Individually of Beverly Hills California thei 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, un6artakings and other obligatory instruments of similar nature -in Unlimited Amounts- - and to bind them thereby as fully and to the same extant as if such instruments ware signed by a duly authorized officer of their corporations and all*4 acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. <'This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolut ons,printed on the reverse hereof, duh adopted,as indicated,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 seals to be hereto affixed on this 18th day of June 1998 CONTIti VANS � NATIONAL TAL FIRE INSUALTY RANCECOMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA Jay 31, SEALAd 1 QaiT ' Marvin J.Cashion Group Vire President Sta >of Illinois,County of Cook,ss: On this 18th day of June 1998 ,before me personally came Marvin J.Cashion,to me known,who,being by me duly swom,dud depose and sty:that he reskles in the City of Chicago,State of Illinois;that he its Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AME-RICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument;that he knows the seslt of said corporations;that the seals affixed to the said instrument are such corponste saris;that they were so affixed pursuant to authority giver:by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowiedges same to be#4 act and deed of said=Motion*. t1 WAM pullet tom• My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE € Mary A. Ribikewskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HAR'T'FORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attomey herein abowi set forts is still in force,and further certify that the By-Law and Resolution of the Board of Directors of+sect►corporation printed on the revea;a are stdl in force.In testimony whereof I have hereunto subscribedmy name and affixed the of the said corporations this I c{- day ofi.tc3 {' e .( . CONTINENTAL CASUALTY COMPANY #Y # NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA Yr JVLY 31. f " � BEJtii. Y '� 1897 Mary A. Ribikawskis Assistant Secretary (Rev.10097) Authorizing By-Larios and Resolutions ADOP"f ED 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 thea..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 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 bird 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 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 Dirt-otors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signatiure ofi 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 .ormpany. "Article Vl—Execution of Obligations and Appointment of Attorney4n-Fact Section 2.Appointment of Attorney-in-fact The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vers President may,from time totime,appoint by written certificates attorneys-in-fact to act In behalf of the Company in the execution of poli s of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attomeys-irrfact,subject to the limitations :set forth in their respective ce ' of authority,shall have full power to bind the Company by their signature and n of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time .revoke all power and authority previously given to any attorney-in-fact" ;This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Dim tors+of the Company at a meeting duty called and held on the 17th day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Voce 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 ry or An Assistant SecreWy 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 bind#hg 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 Resolution duly adopted on February 17,1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice P ,or any Senior or Group Vaca President of the Corporation may,from time )a time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds, ndartakings and other o instruments of Ike nature.Such Attamey-in-Fact subject to the limitations set forth in their respective ,ertificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach ,five 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 as power and authority Previously given to any Aty-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 Direi,tors of the Company at a meeting duly called and held on the 17th day of February,1893. "RESOLVED:That the signature of the President,an Executive Vue President o 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 yin February 17,1993 and the signature of a Secretary or an Assistant S and the seal of the Corporation may be by facsimile fo any of any such power,and any power or certificate bearing such facsimile signature and sear shall be valid and binding on the E orpvrstion.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or �indertaldng to which it is attached,continue to be valid and binding on the Corporation." State of California County of LOS Angeles On � be,fore me. Oslo NAME. TITLE OF OFFICER..-JANE 0 E.NOTARY PUBLIC- personally appeared Margaret F. Leong NAMEIS)OF SIGNER(S) (.X—) personalty known to me--OR - proved to me on the basis of satisfactory evidence to be the person(s� whose name(s) !shag subscribed to the within instrument and acknowledged to me that XX/shai ex*cut'ed the same in Kps(hertlt t aluthor!zed capacity( j, and that byZWherlit'M(K signature(A on the instrument the person(A), or the entity upon behalf of which the person( acted, executed the instrument. .�. .. .. ._,� WITNESS my hand and official seal. AIN FELLA"T / +, Cornmi_i ,f l c, •4m z z j r Nolcry P1#>,;Z»Cz--!Icvlla T. SIGNATURE OF ROTARY Ills des Couoty hVCcrrm.t l0m Novl7 2C04 OPTIONAL Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this farm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHER DOCUMENT INDIVIDUAL (� _) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (� } PARTNER(S) (�_.} LIMITED GEN€RAI. NUMBER OF PANES ( X } ATTOANEY-IN-FACT (_ „) TRUSTEE(S) GUARDIANICONSERVATOR (..j OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company o art or SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles On August14, 2,002 before me, Data Noma and Ttlb of (a.g.,,!acre personally appeared Nathan Shapel l and Margaret Leong Names)of Signer(s) )'personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Mare subscribed to the within Instrument and acknowledged to me thatelaeithey executed the same in AkWhetrltheir authorized � 1.. capacity(ies), and that by ++j+e+Wtheir ANN PELLAW signature(s)on the instrument the person(s),or inn# the entity upon behalf of which the person(s) No"FWc-Cal fomks acted, executed the instrument. Los ArKples Counfy MyCamrt.Bq*esNov l7,2M4 WITNESS 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 forrn to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capaclty(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Titles): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01889 National Notary AsaadaWn•9880 De Soto Ave.,P.O.Bax 2402•Chatsworth,CA 91813.2402•www.naWnainotary.org Prod.No.5907 Reorder.Call Tall-Free t-8dt.876.0827 f TIRE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on September 17, 2002 by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: Done ABSTAIN: None RESOLUTION NO 20021 551 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for PA 0003 — Neighborhood One Park (cross reference SUB 7984) for subdivision being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for PA 0003 (cross reference SUB 7984), located in the San Ramon area. A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of Northern California, 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. 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: 391840, August 22, 2002 MTM I hereby certify that this is a true and correct copy of an action t3:1t3rpl7ataTA*svolic Wo 0z19-27 OZIFA 0003 BO-1s.a taken and entered on the minutes of the Board of Supervisors on or�igtnator: Public warksa tom) Cotelact Teri Rie{323-2363} the date shown. co: Public Warks-T.Bell,Construction Current Plarming,Comrawty Dev+elopnzenf T—lu1y2003 ATTESTED: September 7, 2002 shnpeTl Industria of Northern California P.O.Bax 361169 JOHN SWEETEN,Clerk of the Board of Supervisors and County 100 North Milpitas Blvd. AdministratorMilpitas,CA 95035 ATT:sant Worden,Steve savage&Jim Cold National Fire Insurance Co.of ffardbrd Wood and ardHills, Street,136 Woodland Hills,CA 91367y B _ _.Deputy RESOLUTION NO.20021 551 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for PA 0003 -- Neighborhood One Park (cross reference SUB 7984) for subdivision being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) DATE: September 17,2002 PACE 2 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929247992,August 14,2002 Performance Amount: $542.,200.00 Labor&Materials Amount: $273,900.00 Principal: Shapell Industries of Northern California 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. 2002/551 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and 66463) Sub division: PA 0003(x MEF SUB 7964) Effective rt#s: 5ubilivider: SHAPELL INDUSTRIES OF NORTHERN Completion Period: 1 year CALIFORNIA TH&3E SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COEA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works Dire or SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA �, By: -. (etpnature) BY; (print name title "C. T}_u e b r i REQQMMENDED FOR APPROVAL: Exec. V.P. s By: XA Wj (stpnature) BY; Engineering Services Divis (print name e) Mark Westphal FORD APPROVED: Victor J. Nrrestman, County Counsel Asst• S e c ty (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations code§313.) 1, PANTIE DTE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coup ,"and the abmte-mentionedu ubddvider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVE 9NTt� Subdivider agrees to Install certain road improvements(both public and private),drainage improvements, signs, street;tlg tis, Ire ydrants, 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 theiContra 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 6.4 required by the California Subdivision Map act(Government Code§§66410 and following),in aood workmanlike manner,In accordatice 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 requirerrents shall govern. 3. 1MEROVEMEK SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the Courly Ordinance Code,provide as security to the County: A. For Perfgrmnance and Guarantee; $5 500.00 cash,plus additional security, In the amount of $ 42200.00 _ which together total one hundred percent(100%)of the estimated cost of the work. Such additional--security is presented in thy: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. W i#h this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its compl6tion and acceptance against any defective workmanship or materials or any unsatisfactory performance. C� For Payment: Security in the amount of$ 275,900.00 ,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 %_e, shall be free from defects in materigl or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6, "Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any d4fects 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 6-her pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said planttstablishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At th€a 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 Supe€visors accepts the work as complete or during the one-year guarantee period,said Improvement plans prove to be Inadequate in any rfispect, 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 offica", agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or accep..tance 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 reliev}r the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any actior for damages arising from the failure to comply with any of the terms and conditions hereof. 6. 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 or threatened becatise 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 improIvement pians 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 causln liabili1yt are any act or omission(negligent or non-negligent)In connection with the matters covered by thiii 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 Indertinitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has Insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. POSTS: Subdivider shall pay when due,all the costs of the work,Including inspections thereof and relocating existing utilities requited thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the Courfy 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 othemAse,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surve`�s,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 SubdrAder 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 tert`tory incorporated as a city or Is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letteraf credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third parry benerciary 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 Subd€i+ision. •kw:l®p' GAQrpDnta\En99wTorms\AG WOMAG-30Adoe Rev.W.,Is,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On �, '9hD.1- before me, Date �J- �/+7� Name and Tit of offieer(e.g,, Jane Doe,Notary Public') personally appeared _'•�,+ ��[ Names)of 3igner(s) } onally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) fes?re subscribed to the within instru ent aw .ti a1r acknowledged to me that he/ a executed pgtlpCy�q LiJI CHAN the same in hislh author ! Commission#133861101 z capacity(ies), and that by hislhO Notary Public-California f. signature(s)on the instrument the person Santa Clara County the entity upon behalf of which the person(s) My Comm.Expires Jan 10,2006 acted,executed the instrument. W iTN S my han�and,.,�Jal,,.seal. ..ry 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 J Title or Type of Document: &E ti rms '?A 0603 *aF SLA6 q�3 Document Date: umber of Pages: Signer(s)Cather Than Named Above: Capecity(lea) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer--T(tle(s): ❑ Partner--❑ Limited ❑General ❑ Atfomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association-9350 Ds Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:call Toll-Free 1-800576.6827 COUNTY OF CON COSTA DEPOSIT PE IT OFFICE OF COUNTY DIT CONTROLLER TO THE TW ASURER: MARTINEZ, L !A RECEIVED PROM tm+lu+! O ANIZATlON NUMBER- �.� (- , y, Y lFor Col Procedures see C nfy Administrator's Bulletin 105.} DESCRIPTXZ N FUND/ORO. ACS TASK OPTION ACTIVITY AMOUNT ICA 12YI61 G j 1 )TI 16,xr . ' � Ic � E c lilt I I lv� -1 1 1 i I I I 1 _1 I G�►C 10i Ab DV, A C ,( : b ILI 10 8A IU_�_,41dAT_416 5 , ,, 6073gq . . .Nam 4M . ? � T64i 4111111 "i-jill fit r 1 i I 1 i 1 < o 1 i. i t t i 1 EXPLANATI€ vn:> o TOTAL DEPOSIT $ i 1 Deposit consists.of the following Kerns COIN and CURRENCY CHECKS,M.O.,ETC. $ --- BANK DEPOSITS $ , FOR AUDITOR-CONTROLLER USE.ONLY DEPOSIT PERMIT OP NUMBER Assr,r 1840 AUG?2'0:'/ The amount =money described obove is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby dep i it vo t�h�County T ury. !+� acknowledged Signed: lDate �_7 Signed. Signed. `L;t✓C- Title' � '� I/�EXT. '7. ;- put`County Auditar Dep ounty Treasurer )-34 REV.(7-93) 000649-9665 / 831000: 61093910, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 449.920f00, DA 0004 plan Check 144,000,00, DA 0004 Improvement Inspection 819800-0800: 61093897, la,?.00.00, RA 1103 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: 61093898, 1.000.00, RA 1104 Cash Bond, Shopell Industries of Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035 819800-0800: G1093899, 6600.00, RA 1105 Cash Bond, Shopell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: G1093900, $1,200.00, RA 1116 Cash Bond,'Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093901, 2,300.00, RA 1117 Cash Bond, Shopell Industries of Northern�s California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093902, $19,800.00, RA 1122 Cash Bond, Shapell Industries of Norther California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093903, $1,800,00, RA 1125 Cash Bond, Shapell Industries of Northern. California, 1.00 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: 61093904, $26,900,00, SUB 7984 Cash Bond, Shapell Industries of V/ Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035 819800-0800: 61093905, J5,500.00, PA 0003 Cash Bond, Shapell Industries of Northern ifornia 1 0 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093906, $77,600,00, RA 1122 (SUB 7984) Cash Performance Bond,, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093907, $5j,800.00, SUB 7984 (Neighborhood #1) Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093908, $21,300.00, RA 1114 Cash.Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093909, $16,400.00, RA 1125 Cash Bond, Shapell Industries of Northern/ orthern ,!'� California, 100 North Milpitas Blvd. Milpitas, CA 95035 V 000649-9665 / 831000: 61093888, $500,00, RS 2698 Record of Survey Map Check Fee, DeBoit Civil Engineering, 811 Sam Ramon Valley Blvd., Danville, CA 94526, 000649-9665 / 831000: 61093889, $5W.00, RS 2699 Record of Survey Map Check Fee, Real Estate Engineering, Inc., 1760 Halford Avenue, Ste 360, Santa Clara, CA 95051 000649-9665 / 831000: 61093897, 20,166.00, RA 1103 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: G1093898, $8,000.00, RA 1104 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093899, $33,295.00, RA 1105 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093900, 8 968,00, RA 1116 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: 61093901, 14,034.50, RA 1117 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: G1093902, 'j46,219.00, RA 1122 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093903, j11.388.50, RA 1125 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093904, $62,178.25, SUB 7984 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093905, $28.147.00, PA 0003 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035 000649-9665 / 831000. 01093908, $48554.89, RA 1114 plan Check, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093909, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 $18,834.00, RA 1125 Pian Check 127,345.00, RA 1125 Improvement Inspection $13,563.00, RA 1125 Landscape Inspection 8198010-0800: G1093910, $9,000.00, DA 0004 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 Subdivision: PA-OW3,Gate Ranch II,XREF SUB 7$84 Bond No.: 929247992 Premium: $2,711.00 IMPROVEMENT SEcuRITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. &=AL or S,�„n sm AG IEN`I': The Principal has executed an agreement with the County to install <; and pay for public right of way landscaping, and other related improvements in Subdivision P -0003, Gate Ranch IL XRFE Bus as specified in the Subdivision Agreement (Right of Way caping), and to complete said work within the time specified for completion in the Subdivision Agreement (Might of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. QBLIGATIoiV: Shaoell Industries of Northern California,A Division ref Shaoell industries, Inc. ,as Principal,and Nzabonal Firg InsuCcance Company of Hartford ,a corporation organized existing under the laws of the State of CT ,and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves,our heirs,executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: Five Hundred Forty Two Thousand Two Hundred Dollars and 00/100 Dollars($ 542,200.00 )for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: Two Hundred Seventy Three Thousand Nine Hundred Dollars and 00/100 Dollars($ 275,900.00 ?to secure the claims to which refertmce is made in Title XV (commencing with Section 3082) of Part 4 of Division 1TT of the Civil Code of the State of California 3. cghpmoN: 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 shalt become null and void;otherwise it shall be and remain in full force and effect. As pant of the 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 successfully enforcing 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 of the 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 itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on August 14 2002 Shapell Industries of Northern PRINCIPAL.California,A Division of Shapell Industries, Inc. SURETY: National Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard_ Address: 21650 Oxnard Street, Suite 600-4 City: <Milpitas Zip: 95035 City:Woodland Hills Zip: 91367 By: By: Print lame: Nathan Shapell Print Name: M,rgaret . Lean Title:', President Title: Attorney-in-Fact By: Print;Name and Title:, M rgar Leong Vice President/secretary :M POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know AB Men By These Prevents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation,NATIONAL FIRE INSURANCE Ca APANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania cotporatusn(heroin collectively calked"the CCC Surety Companies"),are duly organized and existing corporations having their principal offices in thmwity of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint Marrpret Leong,lndivldualt — - --- of Beyeriy Hilts,CaliforrrI then,true and k wOul Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, unOrtakings and other obligatory Instruments of similar nature In Unlimited Amounts- andto 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 tie acts trf sold Attorney,purse rant tco the authority hereby given ora hereby ratified and corrfirrrred. <�Rft Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly:adopted,as indicated,by the Boards of Directors of the corporations. in VAbsess Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their oor prate seals to be hereto affixed on this 18th day of June 1998 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD a AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA SJULY)I,` SEAL V. 111x7 Marvin J.Cashion Group Vice President Stat of Illinois,County of Cook,ss: On this 18th day of June 1998 before me personalty carne Margin J.Cashion,to me known,who,being by me duly swum,did depose and say:that he resides in the City of Chicago,State of Illinois;that he i 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 kat urnent;that he knows the semi of said c orporatiarm;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 Dlreotors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be =e act and deed of said corporations. !10'tA�M' POW My Commission Expires March 6,2DOO Mary Jo Abet Notary Public CERTIFICATE Mary A.Riblkswskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby oesrtfy that the Power of Attorney herein atx:4j set forth is still in fcxce,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the ra ae h aro still in In whereof I have hereunto subscribed my name and affixed the seals of the said corporations this : day of l't - qtestiony CONTINENTAL CASUALTY COMPANY a" NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA 1eri7 Mary A. Ribikawskis Assistant Secretary (Rev.161/97) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: his Power of Attorney is made and executed pursuant to and by authority of the following By-Lave duly adopted by the Board of Directors of the Clompany. "Article IX—Execution of Documents Section 3.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Ace President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of mlicies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to the limitations :;et forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such >istruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior it Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attomey4n-faok" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Burd 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 siffixed 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 seat of the Company may be affixed by facsimile to any certificate of any such power and any power or �W ifkvte bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and sertifred by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and #finding on the Company." ADOPT:[)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 Cornpany. "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 'Aoe President may,from time to time,appoint by written certificates attomeys4n-fact to act in beFudf of the Company in the execution of xfties of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attomeye-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 >nstrurnents and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time evoke ail 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 adapted by the Board of DIWAors 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 ;fixed by facsimile on any power of attorney granted pursuant to Section 2 of Article Vl 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 bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and ^ertified by certificate so executed and sealed shall,with respect to any bond or undertaking to which It is attached,continue to be valid and oindirng 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 Resolution duly adopted on February 17,1993 by the Board of Directors of the Company. `RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attomeys4n-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds, undertakings and other obligatory Instruments of like nature.Such Attomey4n-Fact,subject to the limitations set forth in thetr respective certifiteS of authority,stall:have full power to bind the Corporation by their signature and execution of any such Instiument 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 at power and authority previously given to any Attomey4n-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 Dir Hors 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 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 seat shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by cerfificate 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." state of California County of Los Angeles On � 1 - before me. �til{r'1 i'�t (.t K3 � ( C--- Da�e NAME. TITLE OF OFFICER.,', E OOE.NOTARY PUBLIC appeared Margaret F. Leong personalty 8ppe NAME(S)OF SIGNER(S) (A—) personalty known to me—OR — (—) proved to me on the basis of satisfactory evidence to be the person($) whose name(A) istaaxac subscribed to the within instrument and acknowledged to me that "tsh6/jtM3qXexecu4d the same in heritUeWauthorized capacity(RM. and that by)bWherfttiKK signature(4 on the instrument the person(A), or the entity upon behalf of which the person( acted. executed the instrument. �� ;. ►•+M� WITNESS my hand and official,seat, ANN PELIJ4,NT ■ tirsmttsricart# „.; N4tr t Pil stO-Ct,tiitXrttO? SIGNATURE OF NOTARY Las ArX)Me Mss County Myt;CMMB eSNN17.2M4 OPTIONAL IL 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 torn. CAPACITY CLAIMED 8Y SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) {._.} LIMITED { _} GENERAL NUMBER OF PAGES (2...) 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 oT92riforifSIGNER(S) OTHER THAN NAMED A13OVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Los Angeles ss. County of On August 14, 2002 before me, Ann Pell ant, Notary Public Date Narne and Title a1 Officer(e.g.,'Jane Dos,Notary PubiW7 personally appeared Nathan Shapel l and Margaret Leong Nams(a)of Signer(s) IN'personally known to me 1=1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4Ware subscribed to the within Instrument and acknowledged to me that i,afegetthey executed the same in #W*w/their authorized capacity(ies), and that by h#sfherf+their signature(s)on the instrument the person(s),or ANN i7Li41tNT the entity upon behalf of which the person(s) _ Cornrrl s iron 0 1:2433 y Nom' 4 F_ . ;amia acted,executed the instrument. w Los J,tlg6em CoWity Nltr Comm.B#esNov l7,2Ma WITNESS-my hand and official seal. signator 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 Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Toa of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attomey-in-Pact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01968 National Notary Association $350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.na#onWncUry.org Prod.No.5907 Reorder.Call Ta-Free 1.800)-878-de27