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.
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GNGrp0a AEnpsvc\Fom*AG wORMAG-30A.doc
Rev.May:@.2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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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)
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..personally known to me
proved to me on the basis of satisfactory
evidence
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to be the person(s) whose name(s) 4e/are
subscribed to the within instrument and
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JANICE T
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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)
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acted, executed the instrument.
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ITNEaSS my hand anofficial seal.
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Place Nota Seal Above
Notary Signature of Notary Public
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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.
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Description of Attached Do ument
Title or Type of document: Lj-�)oS L e
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Document Date: Number of Pages:
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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
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❑ Guardian or Conservator
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Signer Is Representing: lyC___
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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
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EXPLANATION: TOTAL $
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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
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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
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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
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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