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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-585 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 1, 2002 by the following vote: AYES: StJpmisCRS VIII m, Com, DE.SAiff=, CSR, Atm GIOIA NOES: NM ABSENT: NM ABSTAIN: NM RESOLUTION NO. 2002/ 5 8 5 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for DA 0014 (cross-reference SUB 7984) 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, DA 0014 (cross-reference SUB 7984) located in the San Ramon(Dougherty Valley) 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: L Cash Deposit Deposit Amount: $4,700.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 392399, September 4, 2002 SG:cw I hereby certify that this is a true and correct copy of an G.\GtpDatalFngSvc\Bo12402\10-01-02\DA 4014 Bo-16.doc action taken and entered on the minutes of the Board of Originator: Public Works( ) Supervisors on the date shown. Contact: T.Rio(313-2363) cc: Public Works- T.Bell,Construction ATTESTED: OCTOBER )1 . 20()2 Current Planning,Community Development T—August 2403 JOHN SWEETEN,Clerk of the Board of Supervisors and Shapell Industries of Northern California County Administrator 100 North Milpitas Blvd. P.O.Box 361169 Milpitas,CA 95435 Attn:Sam Worden&Steve Savage National Fire Insurance Co.of Hartford By ,Deputy 21650 Oxnard St.,#600 Woodland Hills,CA 91367 RESOLUTION NO.2002/5 8 5 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for DA 0014 (cross-reference SUB 7984) being developed by Shapell,Industries of Northern California, San Raman(Dougherty Valley) area. (District III) DATE: October 1, 2002 PAGE 2 H. Surety Band Bond Company: National Fire Insurance Co. of Hartford Bond Number and Date: 929247999, August 23, 2002 - Performance Amount: $467,100.00 Labor&Materials Amount: $235,900.00 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. 2002/585 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and 66463) t Sub(zJvislon: DA 0014 (x REF SUB 7984) Effective Date: Subdivider: SHAPELL INDUSTRIES OF NORTHERN Completion Period: 1 year CALIFORNIA THEE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA QOSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works D ect SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA /4 �'v1srQn1 a s rx. r -, !C By: (signature) BY: (PrIM Hama t o) j 't _ t(e, REC(2MMENDED FOR APPROVAL: ` By: tsignature) B Engin eer ng Services Zioh' (print name a title)'�n n i e- ict Na nn FORM APPROVED: 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&GATE. Effective on the above date,the City of County of Contra Costa, California,hereinafter called"County,"and the at,ove-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 imprMMment plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with t#e 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 accok.lance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rvi-ings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requi63ments shall govern. 3. IMPROVEMENT 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 Guaranteq: $4.700.00 cash, plus additional security, In the amount of _$� 467 100.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additi<nal security is presented in the form o: 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 coripletion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 235.900.00 ,which is fifty percent(50%)of the estimated cost of thy:work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workrr.ianship 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 d:fects in said work. systeFn. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road 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 cher pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plantstablishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At tho 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 3s 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 worts as complete or during the one-year guarantee period,said improvement pians prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer:; agent or employee of the County indicating the work or any part thereof compiles with the requirements of this Agreement, or accelsance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the Indemnitees from the liabilities as defined in this section: A. The inde�mniti g benefitted and protected by this promise are the County,and its special district,elective and appointive board>>, commissions,o icff ers,agents,and employees. B. The li iliti protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened becaMe of actions de ined below,and Including personal injury,death,property damage,inverse condemnation,or any combination of these:and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and Including the defense of any suit(s),action(s),or other proceeding(s)concerning said Ihibilities and claims. C. The actions causin Il bill 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 Indemiitee has prepared,supplied,or approved any plan(s)or specification(s)In connection with this work or subdivision,or has Insurance or othc r indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. : Subdivider shall pay when due,all the costs of the work,Including Inspections thereof and relocating existing utilities requirr:d there y. 10. SURVEYS. 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 COSTS: If Subdivider fails to complete the work within the time specified In this Agreement, and subsequent extensions, or falls to maintain the work, the County may proceed to complete and/or maintain the work by contract or othervse,and Subdivider agrees to pay all costs and charges Incurred by the County(including,but not limited to: engineering,Inspection, survey.;,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 Cosinty 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, -ubdivider agrees to pay al attorney's fees,and all other expenses of litigation Incurred by County In connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANN TION. if,before the Board of Supervisors accepts the work as complete,the subdivision is included in terribry incorporated as a city or is annexed to an existing city,the County's rights under this agreement' nd/or any deposit,bond,or letter c''credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :kw:lap GNGrp0a AEnpsvc\Fom*AG wORMAG-30A.doc Rev.May:@.2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r — 1. State of California ss. County of 1 On before me, Date Name and Title of Officer(e.g.,"Jane Doe,Noir ary Publ j t personally appeared rJo2e— �- &Utjri 1, f N Name(s)of Signer(s) � ..personally known to me proved to me on the basis of satisfactory evidence l. to be the person(s) whose name(s) 4e/are subscribed to the within instrument and -- — acknowledged to me that Wishe/they executed JANICE T KR ta+ the same in sfhtr/their authorized Cornniiaalon#131W97 capacity(ies), and that by 34sAieWtheir Notary Public-California signature(s) on the instrument the person(s), or Santa Ciera County r MY Cavn<n.F.�ir Aug 24 20Q5 the entity upon behalf of which the person(s) , acted, executed the instrument. I; ITNEaSS my hand anofficial seal. —' Place Nota Seal Above Notary Signature of Notary Public TIO L I Though the information below is not required by law, ' 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 Do ument Title or Type of document: Lj-�)oS L e i, Document Date: Number of Pages: i Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual • • �- . Corporate Officer•--Title(s): Top of thumb here l ID Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee i ❑ Guardian or Conservator ❑ Other: Signer Is Representing: lyC___ i; 01999 National Notary Association•9350 De Soto Ave.,P.O.BOX 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5507 Reorder;Call 7611-Frea 1.800.876.6827 COUNTY OF CONTRA COSTA 1. DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA c: TO THE TREASURER: RECEIVED FROM ORGANIZATION NUMBER _ (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. �CT TASK OPTION ACTIVITY AMOUNT ;lWx / .36 � 5 A� ! 8141 c 01 i 1 t 1 1 1 I t I 1 1 1 1 I t 1 { 1 1 1 ! EXPLANATION: TOTAL $ I DEPOSITZ)22 Deposit a following R&M a ABANK d CURRE Y $ e MkD�4 ETC $ r ITS S FOR AUDITOR-CONTROI LER USE ONLY DEPOSIT PERMIT D}_ DATE 3999 SEr 4 any[� ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of obo unt is here � t into the County T ury. ocknowled t t l t Signed- ' Date _ Signed: Signed: Title: sy 1, '-.ii fEXt I County A Deputy County surer s-34 REV.17-9l{ � III r 000649-9665 / 831000: G1093923, 1500.00, SUB 8158 Map Check Fee, Windemere BLC Land Company, 3130 Crow Canyon#310, San Ramon, CA 94583 000649-9665 / 831000: 61093924, $500.00, RS 2703 Record of Survey Map Check Fee, Brian Kangas Faulk, Consulting Engineers-Planners-Surveyors, 2737 North Main Street, Ste. 200, Walnut Creek, CA 94596 000649-9665 / 831000: 61093925, $500.00, RS 2702 Record of Survey Map Check Fee, Rose M. Sandecki &Nancy Pamela White, 5701 Pine Hollow Road, Clayton,.-CA 94517 000649-9665 / 831000: G1093926, $500.00, RS 2701 Record of Survey Map Check Fee, Titan Real Estate Investments LLC dba The Crossroads Building, 2960 Camino Diablo,#300, Walnut Creek, CA 94596 000649-9665 / 831000: 61093927, $1,625.00, SUB 8531 Major Subdivision Map Check Fee, Janin Associates, 957 Stow Lane, Lafayette, CA 94549 000649-9665 / 831000: 61093928, $19,9.00.00, DP 3001-91 Inspection Deposit, Down To Earth Grading, Inc., 11400 Marsh Creek Road, Clayton, CA 94517 000649-9665 / 831000: 61093930, $35,300.00, RA 1136 Landscaping Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093931, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 $24.700.00, DA 0014 Landscaping Inspection $ 9,900.00, DA 0014 Landscaping Plan Review 000649-9665 / 831000: 61093933, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 $18.500.00, DA 0016 Landscaping Inspection 7,200.00, DA 0016 Landscaping Plan Review 819800-0800: &1093930,-$7,100. , RA 1136 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093931, 4 700.00, bA 0014 Cash Bond, Shapell Industries of Northern nia, 100 North Milpitas Bivd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093933, 13,300.00, DA 0016 Cash Bond, Shapell Industries of.Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 Subdivision: DA-0014(XREF SUB 7984)Gate Ranch 11 Bond No.: 929247999 Premium. $2,336.00 IMPROVEMENT SECURITY BOND FOR PUBLIC DIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee,and Payment) (California Government Code sections 66462 and 66463) 3. ft AL or SimprmlaN AGRREm1The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in SubdivisioroA-0Oi4(XREF SUB 7284)Gale Ranch 11 as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATIQN: Shapell Industries of Northern California,A Division of Shagell Industries. Inc. ,as Principal„and Natimal. J ucan : QQmpany of Hadfcrd , a corporation organized existing under the laws of the State of CT _ _ __, and authorized to transact surety business in California., as Surety,hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and assigns to the County of Contra Costa,California to pay it. A. Performance and Guarantee: Four Hundred Sixty Seven Thousand one Hundred Dollars and 00/100 Dollars($ 467,100.00 )for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: Two Hundred Thi Five Thousand Nine Hundred Dollars and 001100 Dollars($ 235,9001.00 -- __-)to secure the claims to whichrelerence is made in Title XV (6ommencing with. section 3082) of Part 4 of Division 1H of the Civil.. Code of the State of California. 3. CoTtort• A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, his or its heirs,executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall beconne null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successf my 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 famished 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 is 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. SIGI'+TD.AND.S>ErALED on August 23, 2002 Shaped industries of Northern PRMCIPAL:California,A Division of Shapell industries,Inc. SURETY: National Fire Insurance Company of Hartford Addre3s: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4 City: Milpitas., Zip: 95035 City:Woodland Hills Zip` 91367 By: _ By: • ,1s Nathan apel l Mar t F. Leon Print Name: Print Name: g Title: President Title: Attorney-in-Fact By: Print t4ame and TWe' Ma aret Le g, Secretary iii':=:MWATA\n,�. 40=wCPD v-12&&C POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE CO>APAtNY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corx>ration(herein collectively called"the CCC Surety Companies'),are duty organized and existing corporations having their principal offices in theti-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 #Aaar aret Leong, Individually Of Beverly Hills California the i. true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, ung€ rtakings and other obligatory instruments of similar nature -In Unlimited Amounts- andlo bind them thereby as fully and to the same extent as if such instruments were signed by a duty authorized officer of their corporations and all tie acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attomey 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 Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their coq orate seals to be hereto affixed on this 18th day of June 1998 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD c+ AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA arp X JULii BEJtL Ion �' 3497 �"1 Marvin J.Cashion Group Vice President SWa of Illinois,County of Cook,as: On this 18th day of June 1998 ,before me personally came Martin J.Cashion,to me known,who,being by me duly swam,did depose and say:that he resides in the City of Chicago,State of Illinois;that her..i a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMl€,RICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument that that he knows the ses of said ;that the seals affixed to the said instrument are such corporate seals;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 ackrwwtedges same to be tyre act and deed of said corporations. Ja WT'S t�C t7a• My Commission Expires March 6,2000 Mary Jo Abet Notary Public CERTIFICATE 1, Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HA#TFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein aW,v set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse herf"f are still in force. In testimony whereof I have hereunto subscribed my name and the of three said corporations this'1,2,3'f'"- of Ar, CONTINENTAL CASUALTY COMPANY tr fit: 40 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD oorw to AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA AILY 31, cxza� till.. G..iG7 1497 (Rev.i11197) Mary A. Ribikawskis Assistant Secretary As part 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.casts 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. SIGNJD AICD.SEALER on August 23, 2002 Shapell industries of Northam PRINCIPAL:California,A Division of Shapell Industries,Inc. SUREJT: National Fire Insurance Company of Hartford Addre s: '100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4 City: �Ml iipitas Zip: 95035 City.Woodiand Hills Zip: 91367 By: By: _.. Nathan apel l Mar t F. Leon Print Name: Print Name: 9 Title: President Title: Attomey-in-Fact By: w { Print Name and M ;sret Le g, Secretary Authorizing By-Laws and resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: "'hie 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. "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 ?dice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of ,policies of insurance,bonds,undertakings and other obligatory instruments of Eike nature.Such attomeys-in-fact,subject to the limitations Set forth in their respective oerfificates of authority,shall have full power to bind the Company by their signature and execution of any such rstruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the PrvWdent or any Executive,Senior -w 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 Burd of Dire.-tors 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.signature of the Secretary or ;en 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 certifted 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 >ompany. "Article W--Execution of Obligations and Appointment of Attomay-fie-Fact Section 2.Appointment of Attorney-in-fact The Chairman of the Board of Directors,the President or any Executive,Senior or Group Viae President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attortoys-in-fact,subject to the limitations set€orth in their respective certificates' of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey-in-foot." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Dit ctora of the Company at a meeting duly called and held on the 17th day of February,1953. '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-Lowe,and the signature of the Secretary or an Assistant SecrwWry and the seal of the Company may be affixed by facsimile to any certificate of any such pxmwerand 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 shag,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company," ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,190 by tht-7 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,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of Insurance,bonds, undertakings and other obiigatory irmtruments of like nature.Such Attomay-in-Fact,subject to the Hmft&m set forth in their 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 seat of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at anytime revoke aft power and authority previously given to any Attorney4n-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 Di,vctors of the Company at a meeting duly called mid held on the 17th day of February,1593. `RESOLVED:That the sigreituro of the President,an Executive Vice President or any Senior or Group Vice President and time 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 17,1953 and the signature of a Secretary or an Assistant Secretary and time seal of the Gorporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and seated,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." 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 corporation(herein collectively called"the CCC Surety Companies'),are duty organized and existing corporations having their principal offices in the'.City of Chicago,and State of Illinois,and that they do by virtue of the signature and seats herein affixed hereby make,constitute and appoint -91argaret Leong,individually ofBeverly Hilts, California they true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and.to bind them thereby as fully and to the same extent as if such instruments were signed by a duty authorized officer of their corporations and all t-e ads of said Attorney,pursuant to the authority hereby given are hereby rained and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-taws and Resolutions,printed on the reverse hereof, dui;'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 corp orate seals to be hereto affixed on this 18th day of June 1998 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD x o re ,, AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA SEAL nnrawn j feel Marvin J.Cashion Group Vice President StO.e of Illinois,County of Cook,ss: On this 113th day of June 1998 ,before me personally came MwAn J.Cashion,to me known,who,being by me duty sworn,did depose and say:that he resides in the­Ctty of Chicago,State of Illinois;that he 4 a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument;that he knows the sews of said corporations;that the affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority givisn by the Boards of Directors of said corPorstions and that he signed his name thereto pursuant to like authority,and acknowledges same to be tie ad and deed of said corporations. Jo ROTARY PUBLIC fl4• My Commission Expires March 6,2000 Mary Jo Abet Notary Public CERTIFICATE 1, Mary A.Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein atxr<*e set forth is still in fcrrm,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse her�f are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations CONTINENTAL CASUALTY COMPANY , P MIt A—I r e' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD do AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA Mary A. Rbikawskis Assistant Secretary (Rev.1 t/1/97) State of California County o) Los Angeles qnAuclust 2 20132 t,ei�,�� m� Ann Pe11ant, Notary Public Cate NAME, TITLE OF OFF€CEP..'JANE COE.NOTARY PUBLIC' personally appeared Margaret F. Leong NAME(S)OF SIGNER(S) (-K-) personally known to.me--OR -- (—) proved to me on the basis of satisfactory evidence to be the person(s) whose nameN) istz=subscribed to the within instrument and acknowledged to me that XSfshe1Xxw4Xexecu1ed the same in *&�(herltt authorized capacityCAO), and that bytWherltliw signature(A an the instrument the person(A), of the entity upon behalf of which the person( acted, executed the instrument. WITNESS my -and officials ). /INN PSIJ1NC Comboion#120332 e:g� 5m��� 1WNotary/Pubric-C.c'ItcxniG SIGNATURE OF NOTARY Los Angeles County WCjomm.EmpimNovt7.2W4 OPTIONAL Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ( ) INDIVIDUAL {�} CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) (} LIMITED (_..} GENERAL NUMBER OF PAGES (–X.-) AT TORN EY-IN-FACT {�..) TRUSTEE(S) GUARDIANICONSERVATOR {�) 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 t!•r osaxe»e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ss. On August 23. 2002 before me, Ann Pel 7 ant Notary it Date Name and Tltie of Officer(e.g.,`Jane Doe,Notary Public") personally appeared Nathan Shapel l and Mar aret Leona Name(s)of Signer(s) A personally 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-hefeheilthey executed the same in their authorized ANN PELLANT capacity(ies), and that by t6sAhet4their sComm Won#1282 z signature(s) on the instrument the person(s),or Notcry Putt-Uiliforr>i♦a y the entity upon behalf of which the person(s) Lar Angeles County acted, executed the instrument. My Cortin. Nov 17,20134 WITNESS hand and official seal. l Signature of Naary Publlc 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 Top of thumb here ❑ Corporate Officer--Title(s): ❑ Partner®❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association•OW De Soto Ave.,P.O.Box 2402•Chatswonh,CA 91313-2402•www.naVonainotary.org Prod.No.5807 Reorder.call Toll-Proe 1.800.878.8827