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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-151 TETE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 4,2003,by the following vote. AYES: SUPERVISORS GIOIA►, UILKEM, GLOVER.ANO DESAULNIER NOES: NONE DISTRICT 1II SEAT VACANT ABSTAIN: NONE RESOLUTION NO.2003/ 151 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8563,being developed by Shapell Industries of Northern California, a Division of Shapell Industries,Inc., San Ramon(Dougherty Valley) area, (District III) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8553,property located in the San Ramon(Dougherty Valley)area,Supervisorial District III,said map having been certified by the proper officials. H. Subdivision Agreement A subdivision agreement with Shapell Industries ofNorthern California,a Division of Shapell Industries, Inc., principal,whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: OrigiI hereby certify that this is a true and correct copy of an action Contact: Teti Ric(323-22 363}Public works s} taken and entered on the minutes of the Board of Supervisors Conta SG-0W on the date shown. (3:\GMD&taWmgSvc\BOl200313-0"3\SXM 8563 BO-21.doc ce: Public Works–T.Boll,Cousb action Cumnt Planning,Conxrautity 17evelWrnent 4-03 Shapell Industries of Northam California ATTESTED:LARCH 04, 2003 Sam Word=&Steve savage JOHN SWEETEN,Clerk of the Board of Supervisors and P.O.Box 361169 100 Noah Milpitas Blvd County Administrator Milpitas,CA 95035 National Fire Insurance Company of Harbord CNA P1aaa Chicago,IL 60685 National Fire Insurance Company of Ilartford By — _-- ,deputy Pamela stocks 47 $820 Canoga Avenue,suite 200 Woodland MIs,CA 91367 RESOLUTION NO.2003/ 151 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8563, being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon(Dougherty Valley)area. (District III) DATE: March 4,2003 PAGE: 2 A. Cash Bond Performance amount: $23,700 Auditor's Deposit Permit No. 397647 Date: December 18, 2002 Submitted by: Shapell Industries of Northern California, a Division of Shapell Industries,Inc. Tax ID Number: 95-2578030 B. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number: 190775277 Date: December 12,2002 Performance Amount: $2,347,100 Labor&Materials Amount: $1,185,400 Principal: Shapell Industries of Northern California, a Division of Shapell Industries,Inc. M. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2002-2003 tax lien has been paid in full and the 2003-2004 tax lien,which became a lien on the first day of January 2003,is estimated to be$102,600,with security guaranteeing payment of said tax lien as follows: Tax Surety Bond Company: National Fire Insurance Company of Hartford Bond Number: 190775411 Date: January 21, 2003 Amount: $102,600 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc. NOW,THEREFORE,THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public'Works Department. RESOLUTION NO. 2003/1.51 SUBDIVISION AGREEMENT (Government code§66462 and§66463) Subdivision: SUB563 / xA Principal: Shapell Industries of Northern California, a division of fi,h=U Indusaks,Inc. Effective Date. Completion Period: I year THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: CONTAC =C-O= PRMRAL Maurice M.Shin,Public Works Director Shapell Industries of Northern California, a division of Shapell Industries,Inc. By: d (sigmnaaI B" (Print a &We) A VP rp'ntV151 -V By: tsxi> Y Engineering Servicesvn ion (Front name&tom) EM AZtW)M Victor J.Westman,County Counsel (NOTE ,All siguaftu to be ackaowledpd.If Aunc ipal is Insignatures must conform with the designated representative groups pursuant to �_ 'owns Code §313.) Z. Pte&DATB. Effective on the above date,the County of Contra Costa,California,hereinafter called"Cgy nCty'and the above-mentioned Pnn ins ,mutually promise and agree as follows concerning this subdivision: 2. 'R.OVEIvIGNTS. Principal agrees to install certain road movements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improve nt plans for this subdivision as reviewed and on file with rhe Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. DINWYEMENTL SEC I=mo` upon executing this agreement,Principal shall,pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. Por Poo = $2 ,icash,plus additional security,in the amount:$2,7JQQ which together total one hundred percent(100%)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,Principal guarantees perforce under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. EQ1 P t Security in the amount:$1,181AN which is fray percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. OARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 95-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's 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 system. 5. PLANT ESTABLISH EM WORK. Principal 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 other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal 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 Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans 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 acceptance 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 Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. 2MEMIbINITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise,are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. TbeUphjUties protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because 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 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 liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,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 Indemnitee 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. : Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. M SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. III ,TION-PERFORMANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreemenL and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INC AMMTI4NIANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,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 beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. RLJD.kd o:toipDoeaSBn ve31vmNGi&x.nch\assauQ-30.doc Rev.October 25,2001 CALIFORNIA ALG-PURPOSE ACKNOWLEDGMENT State of California (� 4 County of ss. On ) ! \ (:i. �C-2—, before me, I p� Name and Tift W Officer(e.g.,"Jane Dca,NZPublic) personally Name(&)of Signer($) personally known to me CJ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4eiare subscribed to the within instrument and acknowledged to me that heAsh hey executed the same in W*A"iYtheir authorized " "` capacity(ies), and that by terltheir . 4NICE T.2iUSE signature(s)on the instrument the person(s),or Commission#f31IN97 the entity upon behalf of which the person(s) Santa Notary Public Clare C�ouri-Caiifomt>r acted, executed the instrument. pt MYCO .110MMD24'� ITNESS my hand and official seal Signature of Notary Ftt tc JClN Though the information below is not required by law,it may prove uable to persons retying on the document and could prevent fraudulent removal and reattachment of this fort to another document. 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DATE ASSIGNED 397 The amount of mow described above is for Treasurer's receipt af,above amount is approved Recxeipt of above amount is hereby deposit into County .surf actcrwwidgecl r j Dater ,� Title:.. G1//01T -" s Depvty C D"tY. Ttaasurer -3AR£Y 3 l P!0700649-9665 / 831000: G1108976, 260.00, SUB 8133 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Bax 361169, Milpitas, CA 95035 000649-9665 / 831000 G1108977, $85,100.00, SUB 8564 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1108977, $42,100.00, SUB 8564 Performance Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1108978, $23,700.00, SUB 8563 Performance Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 Subdivision: 8.563 21A Bond No.: 19oZ75277 Premium: $11,736.00 Neighborhood/Gallery,72 Lots,Gala Ranch Il IwRo'4YEMENT SE( TY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code H 66499 w 66499,10) 1. ftcrrAL oIF SuBIVISION AG1z, r� ENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision $663 2/A as specified in the Subdivision Agreement, and to complete said work within,the time specified for completion in the Subdivision Agreement, 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. Shaped Industries of Northam California,A 2. OBLIGATION: Division of Shapell Industries,Inc.,a Delaware Corp. as Principal,and National Fire Insurance Company of Hartford ,a corporation organized e-xisting 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: Two Million Three Hundred Forty Seven A. Performance and Guarantee: Thousand one Hundred Dollars and 001100 ($2,347,100.00 for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: One Million One Hundred Eighty Five Thousand Four Hundred Dollars and 00/100 Dollars($ $1,1$5,400.00 to secure the claims to which reference is made in Title XV (commencing with Section 3082)of Part 4 of Division III of the Civil Code of the State of California. 3. Col"MI�I.tJN: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bonded Principal, his or its firs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. 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, willpay, 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 claim 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 2519, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNET)AND SEALED on December 12,2002 Shapeii IndusWes of Northern Caiiforrmia,A PRINCIPAL: Division of Shapeii industries,Inc.,a Delaware corp. SURETY: National Fire insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 5$20 Canoga Avenue, Suits 200 City Milpitas zip. 95035 City: Woodland Hillsgip. 91367 --v By: 7 By: Print Name: �7' e— `7`t?-0C— 131 Print Name: Pamela L. Stacks Title: Title: Attorney-in-Fact t $Y'. s Print Name: MW i1PWSI\ ARDATA\GtpBOrWveFarn \BN'WbStDtBN 12.doc ulk ` »` POWER OF ATTOr%AEY APPOINTING INDIVIDUAL.A. .ORNE'Y-IN-FACT Know All Men By These Presents,That Continental Casualty Company,National Fire insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(herein called"the CNA Companies"),are 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 signatures and seats herein affixed hereby make,constitute and appoint Pamela L. Stocks,,Beverly A.Hail Sandra V.Hanner,individuals Of Sherman Oaks California their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seat 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 the acts of said Attorney,pursuant to the authority hereby given Is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duty adopted,as Indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 3rd day of August,2001. ae W Continental Casualty Company National Fire Insurance Company of Hartford Ame►lcan Casualty Company of reading,Pennsylvania MAL �. lrro7 / Michael Gengler 1 Group Vice President State of Illinois,County of Cook,as: On Oils 3rd day of August,2001,before me personally came Michael Gengler to me known,who,being by me duly swom,did depose and say:that he resides In the City of Chicago,State of Illinois;that he Is a Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described in and which executed the above Instrument that he knows the seals of said corporations;that the seals affixed to the said Instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and adoxmiedges same to be the act and deed of said corporations. wj'N�a awo • uraw hhowwVCLA--� iarrr.r saee�a 2 My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Rlblkawskls,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney herein above set forth Is still In force.and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof Is still In force.In testimony FAI whereof I have hereunto su my name and affixed the seal of the said corporations this Ch day of December 20Q2 _ Continental Casualty Company National Fire Insurance Company of Hartford 8E�1. American Casualty Company of beading,Pennsylvania arx�n. tie'f Mary A.Rlblkawskis Assistant Secretary (Rev. 1/23/01) r,dthorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "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 Vice 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 attorneys-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 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 attomeyin-fact." This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting 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 seat 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 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 seat shall be valid and binding on the Company.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 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 Company. "Article,W Execution of Obligations and Appointrn*nt of Attorney-trs-Fact Section 2.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 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 atfomeys-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 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-fad" This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duty called and held on the 17th day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seat of the Company may be'affixed by facsimile on arty power of attorney granted pursuant to Section 2 of Article Vi of the Bylaws,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 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 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,appo lM by written certificates,ates,Attomeys-in-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 Attorney-in-Fact,subject to the limitations set forth In their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice Preskdent 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 seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. "RESOLVED:That the stere 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 Oils 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 seal shall be valid ars#binding on the Corporation.Any such power so executed and seated and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it Is attached,continue to be valid and binding on the Corporation. State of CALIFORNIA County of LOS ANGELES On December 12,2002 before me, Sandy iianner - Notary Public Date NAME, TITLE OF OFFICER., "JANE! DOE, NOTARY PUBLIC- personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) { x—1 personally known to me-OR - (—) proved to me on the basis of satisfactory evidence to be the person4) whose name(4 Ishnmttsubscribed to the within instrument and acknowledged to me that kWshelih@*executed the same in bWher/V=IK authorized capac4oevi and that by IlWherA signature(Iii) on the instrument the person(g), or the entity upon behalf of which the person{o acted, executed the instrument. ;? ���� SANDY WITNES my hand and officla seal.MR Ctxrxnisslerttltt382f57 [ %7Notary PLUG-CaNkff" Los Angeles County ' SIGNA RE OF NOTARY my Comm.Expires Jul 2,2006 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (� } INDIVIDUAL (�} CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) (_...) LIMITED (..�j GENERAL NUMBER OF PAGES ( ) ATTORNEY-IN-FACT ( �.} TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurancg Comnanv of Hartford SIGNER(S) OTHER THAN NAMED ABOVE GWi07asA-B CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California C'` � ss. County of On C Z- d before me, R,t�-� �ti P Da Name and Title of Officer{e.g.,'Jane Doe,Notary Publicl personally appeared - f �&e 1�_ j7� f . Nama(s)of S*_ls) ;""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 they executed the same in H:afher/their authorized _ capacity(les), and that by *~their .iAfVi E T. signature(s)on the instrument the person(s),or 419ComniiisaionS131W97 the entity upon behalf of which the person(s) Notary Public-Calli'omia acted, executed the instrument. Santa Clara county *0mm8"wAu024,2W6 ITNESS my hand and off! ' seal. Signature of Notary Public OP 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( �' s - �b �b ► Ry Document Date. Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: ❑ dividuai f lop of thumb Wert; Corporate Officer R--Ttle(s): \ `V '��- SS 1 {o• 4 ❑ Partner---❑Urnited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C 1990 National Notary Association•9350 On Soto Awa.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.notionshwtsty.org Prod.No.59D7 Reorder,Call Tall-Free 1-800-876.W7 (0 cs— 1'n/03 FATCO$33 8563 Tax Collector's Office William J.Poliacek 625 Court Street Contra County Treasurer-Tax Collector Finance wilding,Room 100 P.O.Box 631 '' .. Russeil'V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor Date: 1/9/2003 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract t MS# Clty T.R.A. $563 SAM RAM©N 66405 Parcel#: 206-040-002-1 206-0140-004-7 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2002-2003 tax lien has been paid in full. Our estimate of the 2003-2004 tax lien, which became a lien on the first day of January, 2003 is $162,600.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax Collector By. �a.� PRINCIPAL COMPANY , Shapell Industries of Northem California,A Natlonal Fire Division of Shaped Industries,Inc.,a Delaware First American Title Co. Insurance company of Hartford 100100 North,Milpfta.1 Boulevard 1355_}Villow Way, #101 CNA Plaza Milpitas Concord Chicago 96 9§035 California 54520 IL 60685 Attn. Sam Worden Atte: Barbara Pinto Attn: Bond Department 408-846-1550 925-356-7025 -7) J " BOND NO. 190775411 P'RE14p M'- $513.00 BOND AGAINST TAXES KNOW ALL hWK BY TEWM PRESENTS: Shapeli Industries of Northem Callfomia,A THAT Division of Shaped Industries Inc.`a Delaware Com �,a p&cpal and (Surety) _National Fire Incur rice Co any of 8artford a cogX ration organized and e>bftg under the laws of the State of and authorized to transact wrety business in California as surety are held and firmly botartd intra the Cc&mmty of Contra Costa, State of California,in the penal sum of One Hundred Two Thousand Six Hundred Dollars and 001100 ljm& ($._ 102,§Q0,QI ._ ),to be paid to sWd Cowty of Centre Costa,for the payment of c-will and truly be made,we and each of ds bind ourselves,our heirs,exe tutors, itz<ataa s and summsorst jointly and sally,EbWy by these,presents. Sealed with our SeaU and dated Us 21 st clay of January 2003 The cmditions of the above obligation is such that WHEREAS,the above bounded pirincipal is about to file a map end led Tract 85 and covering a siubdrdsion of a tract of land In said County of "Cnstn,and there:are cauh liens for tax" and special assesammts collected as tam,.against the sald tract of land oLwered by said map,which taxes and special asseuments collected as taxes,are not as yet due or patyade. Shapeli Industries of Northern Califomia,A NOW, THEREFORE,if 01e Said Divrslon of Shaped Industries.Inc.,a Delaware Corp. Shall,perp ail of tam wd special UseswaftUs collected as taxes which we a lien against said trot of land by said map,at the time of the Ming of said imp of said tract,then this obligation shall be void and of no effect,cdxrwiise it shall remain in frill force end effiect' Shopell Industries of Northam California,A (Approved Stamp) Divlslon of Shapeli Industries,Inc.,a Delaware Corp. By: .3 M ie A. Cook Assistant V.P. Principal (Attach Acknowledgement byPrtnc#wd) National Fire Insurance Company of Hartford (Attach Admowledgement by Surety) By., DATE, � Marie A. Cook surety BOND RXVIZWXD AND APPROVED Att+omey4n-Fant CONTRA COSTA OOUNTY TR}illl 'UR OLLRCTOR BY. .�.. .`...� 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 cart oration(herein collectively called'the CCC Surety Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make.constitute and appoint Marie A.Cook, Individual) of Milpitas, California their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other ob#igatory instruments of similar nature In Unlimited Amounts and to bind theta thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This 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 at 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 1958 CONTINENTAL CASUALTY COMPANY LNATIONAL FIRE INSURANCE COMPANY OF HARTFORD M3"' oN� AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA B t3 dfEAl Aft* t:/= 4z� 1497 � Marvin J.Cashion Group Vice President State of Illinois, County of Cook,ss: On this 18th day of June , 1998 ,before me personally carne Marvin J.Cashion,to me known,who,)wing by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and whin executied the above instrument;that he knows the seats of said corporations;that the wale affixed to the said instrument am such corponft seats;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. 1!tt1'C�' Pau My Commission Expires March 6,2000 Mary Jo Abel 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 heroin above sat forth ie still in fie,and further certify that to By-Law and Reaoi,rtion of the Board of Directors of such corporation printed on the reverse hereof are stet in force.In testimony whersof I have hereunto subscribed my rami and affixed the seats ofthe said corporations the 7 f c r day of janu3,a'I`ry . YAU* CONTINENTAL CASUALTY COMPANY y drat NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA ~ J1IiY 71x, . o SEAL. � 1497 e Mary A.Ribikawskis Assistant Secretary ev.l0li t97) t Authorizing By-Laws and Resolutions :)OPTED 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 duty adopted by the Board of Directors of the Company. "Article IX—--Ex*cution 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 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 attameys-in-fact,subject to the Ilmitations set forth 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 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 aftmey4ri-feet.' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1533. `Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be af1€xed 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 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." )OPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Pourer 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 Company. "Article V-�ecutfon of Obligations and Appointment of Attorney-In-Fact Section Z 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 attomeysan-fes subject to the limitations set forth in their respective car ' 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,Sensor or Group Vice President may at any time revoke all power and authority previously given to any attomey-in-fact." This Power of Attorney is signed and sealed by ficsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a molting duly called and heeld on the 17th day of February,1553. *Rssolved,that the signature of the President or any Executive,Senior or Group Vrce 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 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 certifiso 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.` 'OPTED 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 an 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,Attomeys-in-Fact to act in behalf of the Corporation In the wcecution of policies;of insurance,bands, undertakings and other obligatory instruments of ifke nature.Such Attomey-irrFact subject to the limitations set forth In their respective certilicxatm of authority,sham have full power to bind the Corpoiradon by their signature and execution of any such ituttument 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 Directtns may at any time revoke all power and authority prwWu*given to any Attorney-in-Fact.' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and heli on the 17th day of February,1953. "RESOLVED:That the signature of the President„an Executive Vice President or any Senior or Group Vice President and the miai of the Corporation may be affixed by fiacslmile on any power of attorney granted pursuant to the Resolution adopted by this Burd of Directors on February 17, 1993 and the slignsturo 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 seal ship 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 band or undertaking to which it is attached,continue to be valid and binding on the Corporation." a STATE tF �- cv'Y11G� COUNTY OF SS. Oil Januafy-2.1. 2003 ,before me, PERSONALLY APPEARED.� A Qggh personally known to me saU&fi-tekwtey44aac4Io be the personal whose name()Is/a,* subscribed to the.within Instrument and acknowledged to rtae that�d/sheltVy executed the same in hXlher/th)Ar authorized capac.ity(iPd)I and that by I is/her/tWr signatureA on the DENISE t CRISTIANO instrument the person(O,or the entity upon behalf of which Commission# 1296216 ille person} acted,executed the Instrument. Notary Public-Califomia Contra Costa County WITNESS my hand and ocial seal. tvtyCflmm.E RAar5,2tX35 fi'I k/0' --4-- Slgnatuxe t1,0 - 'TM area for Offic.zl Notarial Seal OP"TIOIVAL. Though the data below is not required by law,it may prove valuable to persons relying can the document and could prevent fraudulent(eattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT Cl PARTNER(S) 0 LIMITED 0 GENERAL (X� Ar-FORNEY IN-FACT NUMBER OF PAGES CI TRUSTEE(S) D GUARDIANJC ONSERVATOR C OTHER: _ DATE OF DOCUMENT SIGNER IS REPRESENTING: raAMC CW PERSOF41 OR EMMOESs National Fire Insurance Corrany o artford _ 5IClvER{S)UTIiErt THAN NAMED ABOVE 10-I)sI e°".6194 AU-PURPOSE ACKNOWLEDGEMENT