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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-152 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 4, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE DIS RICP III SEAT VACANT ABSTAIN: NONE RESOLUTION'NO.20031 1.92 MINING SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 5564,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 5564,property located in the San Ramon(Dougherty Valley)area,Supervisorial District III,said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Shapell Industries of Northern 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: origtnatoe:Public Works(ES) I hereby certify that this is a true and correct copy of an action Contact: 'Peri Ric(313-2363) taken and entered on the minutes of the Board of Supervisors So.CW on the date shown. Cr:lCrMD&ta\EngSvc\6o\2003\3-44A31SUB 8564 B0-21.doc cc: Pubk Works—t Bell,Construction Current Planning,C—ty Development -03ATTESTED. MARCH Q4, 2QOS Shwll Induatriws of Northern California San Worden&Steve savage JOHN SWEETEN Clerk of the Board of Supervisors and P.Q.Box 361169 = p 100 North Milpitas Bivd. County Administrator Milpitas,CA 95035 National Fire Insurance Co�of Hartford Pamela Stocks 5820 Canoga Avenue,Suite 200 Woodland Mls,CA 91367 By =Deputy National Fire Insurance Company of Ilartttird CNA Plaza Chicago,IL W685 RESOLUTION NO.2003/ 152 SUBDMSION AGREEMENT (Government Code§66462 and§66463) Subdivision: SU._856 Principal: Shapell Industries of Northern California, a division of SShmH Industries.Inc. Effective Datet ,, 3 Completion Period.- 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO- CONTRA COSTA COUNTY FRIN Maurice M.Shiu,Public Works Director Shapell Industries of Northern California, a division of Shapell Industries,Inc. BY ti l By= `:T a'71 l Etat t Z Obmlffih�FOR (Prw mm&nosy �x t!p f't7IV)51 oi-j By: By Engineering S rvi7estman, isf (Pim MW dct) 5S i.5 i Y`t ns y C �t . EQRM APER mss: Victor 3. County Counsel (iwt(3T8 All signatmres to be acknowledged.If Principal is in t t ( rapal i caparat signatures mrfst conform with the designated representative groin pnMI=to Corporations Code 4313.) l. EAII;TIES&DATB. Effective on the above date.the County of Contra Costa,California,hereinafter called"CM y"and the above-mentioned Pjn2jRal,.mutually promise and agree as follows concerning this subdivision: 2. 9)M ffto Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,Sant lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. 1MPRC7VEri+ '.l7r Upon executing this agreement,Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. lror Prdorplgce and C*i3aranta: $ , cash,plus additional security,in the amount:$4J63 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 performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. FQr Payment: Security in the amount:$2,�2, Q,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash.certified check,or cashier's check 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. AR AN t"FF AND WARRANTY F W RK. 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 96-4.6,"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 ESTABLISHMENT 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. WROVEMENT 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 COiJN'1_Y. 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. INDEMNITY: 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. The lilWlities protected against are any liability or claim for damage of any land 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 acuons 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. COSI§-. Principal shall pay when due, all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SLM VEYS. 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. 11. NQh-PERFORMANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement,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. INCORPORATIONIANNEXATION. 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 (Indemnity)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. Rr,:rIXid o:NGrpDac.\B*s,d1,.w ve R mchW64ess64,+o-so.doa Rev. 0ctobar25.20or CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County County of On i 1 2- before me, n') �c–, 1 Wr Date--^�� Name and Tale of Officer(e.g.,'Jane Dos,Notsry Pubtio'7 personally appeared Name{s}of Signer(a) impersonally known to me El proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-4s/are subscribed to the within instrument and acknowledged to me that#eeigeitthey executed the same in Wafher/their authorized ® ` „h A6 s a capacity(ies), and that by #Whetheir JANiCE T 142US E signature(s)on the instrument the person(s), or _ Commiwion#1318897 the entity upon behalf of which the person(s) Notary Public-California y acted, executed the instrument. Santa Clara County #AyCornm.80wAug24,4WITNESS my hand and officio seal. �•wrr,rl.it a signatu t Notary Public L Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document p Title or Type of Document: '`� 11�dt� t`s\C�v�S �`\a(iMT- R 4 SCe,� i 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 11 Guardian or Conservator ❑ Other: Signer Is Representing:'Jie t.,g_ ns C__ 0 1999 National Notary Association-9350 De Soto Ave.,P.D.Boz 2402•Chatsworth,CA 91313.2402-www,nabonainot".org Prod,No,5907 Reorder:Cali Toll-Frea i-SOD-e75.5827 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8564, 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: $42,100 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: 190775280 Date: December 12, 2002 Performance Amount: $4,163,500 Labor&Materials Amount: $2,102,800 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County takes 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 alien 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: $102,600 Principal: Shapell Industries of Northern California, a Division of Shapell Industries,Inc. NOW,THEREFORE,THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. 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A it IN 't o .. QW z .9►:9L1a- mw SMI i$ aa6r _ -.0079- -__197)9__ ►stF_ IN IN i UB t __..._ ,st'n1t.3„lgCt,►tN S.7 >ff"al�9f: "x,5.15 ri-x),1aDFt�YOLZYtN - W,tf.69 1N k: e i,f'S64t'o. z I ys'Bry 1 '19 --:tBYS- - ,L9'LS--- •--.Or71&--- -:ai'85_._ _............. ._..,p1 I`8 1 � ,148tH { 4 #u w 3 I c"3 i 1t yj•,�7 -F'8 19'LS 8t�s 8l 75 61719 + 1 9rs�ttN W1 tx ►a nN is ttN 9!VN f 3,9f,6Gt x 1 �„g� DEPOSIT PERMIT Jjjj�AJ� " vFKE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM y� ORGANIZATION NUMBER / -- t` tom+)jJ }[' (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/0013. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. D UCS ' t t �. t C t { h ,n • � t ADO I LJ EXP _TION: c' o oc TOTAL $ � p. DEPOSIT j �- naposit.caruiats of the irrg items t"... .. .. COIN and CURRENCY $ tM/. CHECKS,kO,ETC. $ � BANK DEPOSCCS $ c !. FOR AUI�'1'OR-CONTROLLER USE ONLY a 20 mPoslr PERMIT - NUMBER Clip DATE ASSIGNED �� The arnoW of money described above is far Treasurer's receipt of:above amount is approved. Receipt of a amount is hereby depos►t'iMo Crtunty asurj di �. DatedAA '�-•� . t Ai"j ./�j Title.. ` ` t, C' Deputy County.-Auclifor Deputy:Couh Treasuter -9A Rte! 3 . JV 000649-9665 / 831000: G1108976, $9,260.00, SUB 8133 Landscape Improvement Inspection, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1108977, $88.100.00, SUB 8564 Inspection Fee, 5hapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800. G1108977, $42,100.00, SUB 8564 Performance Cas38ond, Shapely Industries of Northern California, 100 North Milpitas Blvd., 1169, 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: 8564 Bond No.: -_ 190775280 Premium: $20,818.00 Neighborhood 8/Coronado, 147 Lots,Gale Ranch fl IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL of SumvisioN AGixEEtviENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision 8564 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. Shapell Industries of Northern California,A 2. OBLIGATION: Divislon of Shapell Industries,Inc.,a Delaware Corp. as Principal,and National Fire Insurance Company of Hartford ,a corporation organized eAsting 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: Four Million One Hundred Sixty Three A. Performance and Guarantee: Thousand Five Hundred Dollars and 001100 ($4,163,500.00 for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Two Million One Hundred Two Thousand Eight Hundred Dollars and 001100 Dollars($ $2,102,800.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 30182) of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things 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 finrily 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 successfiilly 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 m 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 fiuther notice to or consent by Surety, and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on December 12, 2002 Shapell Industries of Northern California,A PRINCIPAL: Division of Shapell Industries,Inc.,a Delaware Corp. SURETY: National Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 5820 Canoga Avenue, Suite 200 City: Milpitas Zip: 95035 City: Woodland Hills91367 By: By: 7,�t J Zip: _ ZZL Print Name. J C 712 U 1312 t Print Name: Pamela L. Stacks 5S i 4 Title: Title: Attorney-in-Fact By: Ti t l e t 5i' }NZ` Mm OA �, j \NPWS11SNARDATAXkp17ata18tyaSvcW m1BNT N2. "a 1 C_ POWER OF ATTC?w,4EY APPOINTING INDIVIDUAL A. .ORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,National mire insurance Company of Hartford,and American Casualty Company of Heading,Pennsylvania(herein called"the CNA 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 signatures and seals herein affixed hereby make,constitute and appoint Pamela L.Stocks Beverly A.Hail Sandra V.Hanner,Individual) Of Sherman Oaks,California their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,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,duly 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. Continental Casualty Company National Fire insurance Company of Hartford ate American Casualty Company of Reading,Pennsylvania PAY 1. tiEJ1L Y ,ter � ►� "� ' I� -. Michael Cengler Group Vice President State of Illinois,County of Cook,as: On this 3rd day of August,2001,before me personally came Michael Gengler to me known,who,being 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 which executed the above instnoment;that he knows the seals of said tions;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 acknowledges same to be the act and deed of said corporations. �rt�wN��+r��+r�++raiwsarar= . -010PIC'M WAL` own FAAMM am*of Oneb • My Commisslon Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Ribikawakis,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 whereof I have hereunto subecftW my name and affixed the seal of the said corporations this 12th day of 2002 - Continental Casualty Company National Fire insurance Company of Hartford BFAI_ American Casualty yCompany of Reading,Pennsylvania tN7 Mary A.Rlblkawskls Assistant Secretary (Rev. 1/23101) M• # � • * J J JJ 1 ;: ..# # 1,.. ¢.i.. Rrt •.> # .. - ■ •..! t t! ". If i - •• ► • _ _ _ M I . -F". ! T.Y. }< • • <#' .i: � �t 1 # M^ # _ 1♦ • State of CALIFORNIA County of LOS ANGELES On December 12, 2002 - before me, Sandy Hann.er - Notary Public Date NAME, TITLE OF OFFICER., "JANE DOE, NOTARY PUBLIC` personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) (x) personally known to me-OR -- (—) proved to me on the basis of satisfactory evidence to be the persona) whose name(#isht>< oubscribed to the within instrument and acknowledged to me that k*shelirtM executed the same in idather/talt.authorized capacftyoeej and that by P l/herftW signatureo) on the instrument the person(S), or the entity upgn behalf of which the person{4 acted, executed the instrument. 1 SANDYHANNER WITNE my hand and o al seal. 14 1Cbmmission*1'382W Notary Public-COOOmis Los Ansebs CW* SIGNATURE OF NOTARY 0my Comm.Expires Jul 2,20C41 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) {__j LIMITED {i} GENERAL NUMBER OF PAGES (X j ATTORNEY-IN-FACT (�} TRUSTEE(S) GUARDIAN/CONSERVATOR {_� } OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE o•10743a•e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �.5� ss. ��tJ-CA '�` On �`— — before me, ``�J slC �— Date Nam&and Title of 011iioee(e.g.,'Jane Do*,tjgjLMjub4jc� personally appeared Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-iefare subscribed to the within instrument and acknowledged to me that AefhheJthey executed JANICE T.KRUSE the same in Isiae6their authorized Commission it 131I'J W capacity(ies), and that by M~their Notary Public-CalifbMis signature(s)on the instrument the person(s),or Santa Clan Counr the entity upon behalf of which the person(s) ity IA�fCortrn.E' aAup1acted, executed the instrument. ITNESS my hand and official jeal. Signature of Notary Public A4 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:+ D Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: offam 0 IndividualTop of thumb here Corporate Officer---T)tle(s): ❑ Partner—❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing C,.�c__ 0 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313.2402 www.nationalnotary.org Prod.No.5907 Reorder.Call Toll-Free t•900-e76�ee27 ' 110/03 FATCO 33 8564 Tax collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.O.Box 631 Costa C}ost'a Russell V.watts Martinez,'C:aiifornla 94553- Chief Deputy Treasurer-Tax collector 0063 Joslyn Mitchell (925 County 646-4122 (925)646-4135 FAX Tax Operations Supervisor Date: 119!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 i MS# Clty T.R.A. 8564 SAM RAMON 66405 Parcel#: 206-040-002-1 206-040-004-7 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 $102,600.00 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 ET_UNCLPAL TEME COMPANY Shapell Industries of Northam California,A National Fire Division of Shapell Industries,Inc.,a Delaware First American Title Co. Insurance Company of Hartford 100 North Milpitas Bou evard 1355 XM11ow Wa101 CNA Plaza Milpitas Concord Chicago CA 95035 California 94520 IL 60655 Attn: Sam Worden Attn: Barbara Pinto Attn: Bond Department 408-946-1550 925-356-7025 BOND NO. 190775411 P'REMHUMa $513.00 BOND AGAINST TABS KNOW ALL MEN BY TEWM PRESENTS: ShapeH Industries of Northern California,A THAT Division of Shaped Industries,Inc.,a Delaware Corp. ,as principal and (Surety) National Fire Insurance Company gf Hartford a corporation organized and wdsttug tnndeir the laws of the State of CT and audurized to transact wr ety busineu in California as surrxy are held and firmly bound imm the County of Contra Costa, State of California,in the penal suns,of One Hundred Two Thousand Six Hundred Dollars and 00/100 Opllars (ffi J,02.62c7.aa ____),to be paid to said County of Cmtra Costa,fair the payment of which will and truly be made,we and each of us bind ourselves,our heirs,execrators,administrators and auvessm,jointly and severally,firmly by throe presemts. Sealed*with our Seats and dated this 21st day of January L003 . The c mditioans ofthea gatiai is such diet WHMWAS,the above bonanded principal.is about to file a map entitled Tra 564 and covering a itat&visio n of a tract of land In said Comity of Contra CSsta, and there are certain liests for taxes and special assessments collected as Law,.against die said tract of land covered by said map,which taxes and special asessments collected as taxes,are not as yet due or payaLtle. Shaped industries of Northam California,A NOW, THBRIKFORE,if die said Division of 5hape11 Industries,Inc.,a Delaware Corp. shall pay all of taxes and special assessmeats collected as taxes which ate a lien against aaaid tract of-land wed by said malt,at the tinier of the filing of said trap of said tract,then this oabligataorn ahall be,vcdd and of no er0`,rxft,otherwise it clrall remain to frill f6rce and effect. Shapell Industries of Northern California,A Division of Shapell Industries,inc.,a Delaware Corp. (Approved Stamp) _ By: M ie A. Cook Assistant V.P. Principal (Attach Admowledgement by principal) National Fire Insurance Company of Hartford (Attach A mowledgement by Surety) By= DATBsMarie A. Cools Strrery BOND RXVIZWZD AND APPROVED Attorney-in-Fact CONTRA COSTA OOUNTY T U)11r LLl'iaCTOR BY: POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-PACT 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 curt ioration(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 Individually of Milpitas, California _ their true and lawful Attomey(sHnn-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 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 of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 18th day of June 1998 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD cowoft+' �ti� AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA O� sE/lt. ta9T ' Marvin J.Cashion Group Vice President State of Illinois,County of Cook,ss: On this 18th day of June 1998 ,before me personally came Marvin J.Cashion,to me known,who,being by me duly swum,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 ns;that the seals affixed to the said irmtrument 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 acknowledges same to be the act and deed of said corporations. 30 140TH" �+PusuC �k lop.. My Common Expires March 6,2DOO Mary Jo Abel Notary Public CERTIFICATE 1,Mary A. Ribikawskis,Asshirtant 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 each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 2 day of January 2001 CONTINENTAL CASUALTY COMPANY ois" °i NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA AXY 31. stcAl. � .9 (q. 1ee'► Mary A. Ribikawskis Assistant Secretary ev.1 U/1/97} 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 duly adopted by the Board of Directors of f 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 Vice President may,from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seat 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 atbrney-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 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 an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such pourer 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 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 V6--Execution of Obligations and Appointment of Attorney-In-Fact Section 2.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 attomeys-ir4act,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 tiverato.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attomey 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 sigrwture of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the 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 shaft,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 on February'17, 1993 by the Board of Directors of the Company. 'RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,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-Irr-Fact,subject to the limitations set forth in their respective i certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such inarbtunent and to attach i the seal of the Corporation thereto. The President,an Executive Mice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact` This Power of Attorney is signed and sealed by facsimie 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,1998. 'RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by Wm 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 and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bend or undertaking to which it is attached,continue to be valid and binding on the Corporation." STATE CF �i(1�CJ COUNTY OF VA; ��� � SS. Oil January 21. 2003 before rne, PERSONALLY APPEARED Matfe A. 09k - personally known to me � saU&fae;tett 4daur4 to he tine personW whose name(4) subscribed to the w]th3n Instrument and acknowledged to nne that P6/she/0�4,y executed the same in /her/th#.Ir authorized capacity("I and that by lei's/her/tWr signatureA on the DEMISE L CRISTIANO instrument the person(},or the entity upon behalf of which Commission# 1296216 (lie person acted,executed the instrument. Notary Public-Calitomia Y ` Contra Costa County WITNESS my hand and official seal. My Comm.Eta Mars.2aD5 6 signatuxe �t LU 711s arm.for t:7t7?ctal Nota ial seal OPTIONAL Though the data below Is not required by law,it may proves valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL F-1 CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT WCM 11 PARTNER(S) 0 LIMITED 0 GENERAL ED ATTORNEY-IN-FACT NUMBER OF PAGES C1 TRUSTEE(S) 0 GUARDIANlCONSERVATOR C1 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONtSI OR EMTUY03) National Fire Insurance Company gf Hantfud-_,,,, SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rav,6194 ALL-PIJRPOSE ACKNOWLEDGEMENT