HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-722 r�>t
THE BOARD OF SUPERVISORS Of CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 2, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 722
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8698,being
developed by Shapell Industries of Northern California, a .Division of Shapell
Industries,Danville area. (District Ili
The following documents were presented for Board approval this date:
I. Map
The final map of Subdivision 8698, property located in the Danville 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, 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:
I hereby certify that this is a true and correct copy of an action
Originator:Public Works(ES) taken and entered on the minutes of the Board of Supervisors
Contact: Teri Rie(313-2363)
LT:rm on the date shown.
(i:1GtpData\EngSvc\BO\2003112-02-031SD 8698 BO-2l.doc
cc: Public Works—T.Bell,Construction
Current Planning,Community Development
T-September 2,2003ATTESTED: DECEMBER 02 2003
- Shapell Industries afNorfhem CA
Sam Worden&Steve Savage JOHN SWEETEN, Clerk of the Board of Supervisors and
Milpitas Blvd. County Administrator
Milpitas,CA 95035 �J
National Fire Insurance Company of Hartford
Marie A.Cook
5820 Canoga Ave.,Suite 200
Woodland Hills,CA 91367 By ,Deputy
RESOLUTION NO.2003/ 722
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8698,
being developed by Shapell Industries of Northern California, a Division of
Shapell Industries, Danville area. (District III)
DATE: December 2, 2003
PAGE: 2
A. Cash Bond
Performance amount: $8,010.00
Auditor's Deposit Permit No. 411475 Date: September 9, 2003
Submitted by: Shapell Industries of Northern California
Tax ID Number: 95-2578030
B. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number: 929 263 066 Date: August 22, 2003
Performance Amount: $793,190.00
Labor&Materials Amount: $400,600.00
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 taxes
heretofore levied on the property included in said map. The 2003-2004 tax lien has
been paid in full and the supplemental tax lien is estimated to be$0.00.
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/ 722
% isWiN
0 r
t U
t}Y�
G Il211
wt
Ln
' .01,10
11110
v s
a '
4io
C36. rA
a
s i
s
,6
INN
v m
�s
i
a
v ` r2
id
lit
t
yt1M� �Q
LI
"tilllit
� <
a � o s% t
@ t i ,
b� sCD�
f5 rt
R NO. r6
` ytl gym`
Y
H '
Y
i�
1
Op
1
't
at
Wit"
C4 71
Ck
ILL ar
co
M Y �
AIA
,,
i
t
< 1
m`fii1 all t
� ± rVk
�Y
kiM3Yt"t"K1NN-`...,1L 30Y 1d�M �^�.,,' N .<., '�. t Rsr. �D.sx '.,h• `,}� i ili
�UZANN r
� a
i
�' ^w' :t?5 Z`°
t "'' � •VN�C �.
1,
1111
�g�,'ten- -`"H�'��ygAm ';`` �« _^,. '�S� � 5.2R�"`� �'.. 3R3 !0!`�;r... L+SI►t&l 43,Qf,tr.ZtN R °��'
---------------
w6£D'S3 f 4
�`� lL�� wiLt�SN wtiL�L ��sX
3. 9 So"s 80N sy
i
,
`c
1
Vi
D
00
Ira t
tilt
I
.r
5 T5 cfs''� Zt3 * `u� ,{�'p„�r`a'a't'° tl 1 ? ��a iJ,W Ott
M
vs
fZ-
t
Z:) fl3 Ica
to
_ s
7e3w $ CO� {,1 tti '
✓yf Bl{N
l y i 1 'pr Ova
L7 4T t\ t}gym- Cry t t,
SAP
r C'� �`W"Y�si,b <'''�t�' Fs �• 2. , '�S t\"n\s, � y b
t.� �`' j'" `••\`.,N�� � t• �' � ,�ii8glR1�` �^1 � tl}� -0 S`_t �,�, �.1 vs,a�b�
t�, a
nl ` "� ` �� r, C ,,-�, i9� y, �. 3,s9��d�.l ttt F .,,•� � Q 7t� � Y
h9•°. N � � .""✓' 3_g �' ,� ''Pt'.,k' .
✓ YYSS , x1 ,` ;�?&1 f � >�" -'s-'�j ..,�-.�: �.,6 :l �i `y `?,l:J t„yo-`'`"" `•" Y,t
� e.., 1 � �, `'� ,., ,�; ,. " -ie,��'� PLS � � .:3' �"��} � r�„- ” '".�"�`•
r
�`�,.- tin' en-M '", 3a � '� �, ,'•�,» .. �. �: "�
d"q
✓ c'
t�
� h
"eC' �}'`dj +Y eta? ry y1b Zs 52+9i 13�"ry 3 I
CL c 'L2, a.n
al
z` ? <w j
-ars
gig
a a w H z m
�- � § !-Cy
� x
wg
� a
X arras
n� rt� mry�n
� n.-ei u'�ppwyy yn�pp�qq�i
~. ,,,,.. Htra,ClNMh`13p�NY1 u'S IN)yy
.. ;7M�>�ii N � F•h N.b
ai� P J
I)o 00
U ccst � j8Y8SS��� "•�
CL
�i --
\._ 'moi
4c _4
co
�a
o
(w-.n N043rWW 125 MM
-cc
,s AFRI. DRIVE �
J n
_Y.
-777lui
Na+37'ss'w 144140MM
(Li
009
�_ -- - ay CV S3 tl €#
� CJD
C7 D�j
� � sasoom iesoom 1&5wm woom ,soa 21soom fir
N0437'Ww 206.325n(T) k.
CLQ
0
f.
133HS 33S '�!
, 1 �
x
a
co f
W&V
of
'
J �
16 6
:�, � � s � � mss
§� . k
CD
c Inhi
o 0015
1
+
+
+
3 t PA
t
r>r,-.
L�//ty 1.�7 ✓s t mss' �i F' i ."..� '�Gf
Y/
Naa•3r55'w ,as.so�a,��+}� ;,�,?7��+ ��� `�ti
AFB. D
((f) vmom, ?r rr
i ms„yi
t 1
12 21,SWm 18.5aam 18.xft I 18.506m 15.325m 3t�'
y w
40.Oi)am 52.325m
1 N04.37'S5"w
'1 ro>
�""' Na43755w
N�74'37'S"w
ki {
fi�'T' -�b
121. 7m
NW37 55'41
NUC LAWIL Nil
G+� 1 r •�s�{�j��r ��� N �
i-
1
L:
n
d
CpS
SUBDIVISION AGREEMENT -'
(Government Code§66462 and§66463)
Subdivision: SUB 8698 Principal:Shaoell Ind,},ustries of No ern California-a Division of
Shapell Industries Inc.
Effective Date: Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONIM COSTA COUNTY � C
Maurice M.Shiu,Public Works Director
By:
(rte a � �art(,1.61� �^r • C,.fG�
REO D OR ROV
By: iS=PQL=
Engineering c Divis' n �' "" �`""`>�kA,[ (k. f tLt
E
FORM APPROVED: Victor J.Westman,County Counsel (NOT : All signatures to be eelmoowledpd.UP ncipal is incorporated,signatures
must conform with the designated representative groups pursuant to Corporations
Code§313.)
1— _ lmffectic on.tlta-above date,ttlae County oContra-Costa�CCalifornza,hereinafter-call "t`„tlt=I-and-the-above-mentioned—
rdnci2d,mutually promise and agree as follows concerning this subdivision:
2. MOVENEaqU. Principal 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 by the Conditions of Approval for this development
and generally as shown on 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. IRMQVEhffM SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County
Ordinance Code,provide as security to the County:
A. or Pe-donmccand Guarantee: $ 8.010.00 cash,plus additional security,in the amount:$ 793.190-00
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.
7.,_ 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. Eor Payment: Security in the amount:$ 400.600.00 ,which is fifty percent(50%)of the estimated cost of the work.
Such security is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,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 held
as securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE 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 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 private improvements,which are not to be accepted by the County.
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. 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
may be 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. 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 districts,elective and appointive boards,
commissions,officers,agents and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened 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. COSTS: Principal shall pay when due,all the costs of the work,including all costs incurred by the County for services provided.'Phis cost may
include,but are not limited to:inspection,administration,engineering,construction and relocation of existing utilities.
10. 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.
11. NQN-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.
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. INCORPORATION/ANNEIfATION. 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.
14. RIGHT OF ENTRY. Principal hereby consents to entry on the subdivision property and any other property affected by the Improvement Plans
by County and County forces,including contractors,as may be necessary to ensure complete construction and/or maintenance.
ru:rv:lq&cw
G:ZrpD*taTWSSveFor=\AG WOMAG-30.dw
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
- - -- - - - - - - - - -
State of California
ss.
County of
r
On _`c ti , before me, C1�C
Date Name and Title of Officer(e.g.,"Jane Doe,Notary public') "S
personally appeared
rName(s)ofSigner(s)
,,personally known to me
❑ proved to me on the basis of satisfactory
r
evidence
i
to be the person(s) whose name(s) is/are
r subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
ANTOINE"M'S'EBRUMFlELD signatures) on the instrument the person(s), or
Cnmmlaelon3RUM 828 the entity upon behalf of which the person(s)
r' NotelyPublic'calft is acted, executed the instrument.
Befits Clem county
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required b law,it may g q y y prove valuable to persons retying 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: _ ,b fit( �J�
Document Date:_04 Number of Pages:
I �
Signer(s) Other Than Named Above:
a"
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual
Corporate Officer—Title(s): jo - V T s Toa of thumb Here
❑ Partner—❑ Limited ❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
I
0 1899 Natlonsl Notary AnoclNlon•9350 tae Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nattonalnoteryorg Prod.No.5&37 Reorder:Cell Toll-Free 1.900.878.6827
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER /
TO THE TREASURER: MARTINEZ,CALIFORNIA pi� J
RECEIVED FROM
i +1 ORGANIZATION NUMBER
(For Cash Collection Procedym see County Administrator's Bulletin 105.)
SUIL
—. _— —ACTIVITY-
I
Flojaywl
ry s 1 J, J J J00--) j I
fi '9
C. Qy�-IbOb i
x rW
I/IctIID
Or f'P
Oa
LL
EXPLANATION. TOTAL S i
r" (-< 2 DEPOSIT
/•� Deposit consists of the following items
J� r f d 3.7� 2�� 4 � . -(4 m1)
COIN and CURRENCY $
r CHECKS,M.O.,ETC
-To V 0((7r'.$: �,' <'. '•' C J (7 BANK DEPOSITS S
tit, FOR AUDITOR-CONTROLLER USE ONLY
DEPOPER
1
7>< MiT� DP
P's NUMBER
s. r,
DATE ifth
,.
ASSIGNED
The amount of money described above is for T 's recei t ab osrwunt' d Receipt of above amount is hereby
deposit into the County Treasurx ackrtow
r ledgedSi Dote
' Sim. Signed.
Deputy7County Auditor Deputy,County Tmasursr
D-34 REV.(7-93)
om
dr ��
`R7
{
R
WINE
1*3 m m
No
mmism
[so
INN
mmm
ROME
folsTOTAL�
'!
i .. ng item
COIN and CURRENCY $
•
SAW DEPOSITS
DP—
NUMBERPERMIT
DXTE
ASSIGNED
Ar
} ; '
r DIIP031T PERMIT
" OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREA+ tEfl� MARTINEZ,CALIFORNIA
RECEIVED FROM ,
ORGANIZATION NUMBER
ill
€Ls
(For Cash Collection Procedum see.County Adminisbutor s ButteM 105.)
qt
514....
!fLL
t
h4
...........
r _
t
t
t
► V r
. � r
4
r
M
t
i
1
EXPLANATION. TOTAL S►
DEPOSIT
1 4wit consists'of`the fcrWng items
COIN and CURRENCY $
CHECKS,MLCETC. 5 --
BANK DEPOSITS $ ,
FOR AWTOR.CONT ROLLER USE ON,E/
DEPOSIT
PERMIT dP /
Nt3MUR t
DATE 1 �
ASSIGNED
The omoumt of money dewbed above Is-for . T 's'receipt a ab mount is approved Receipt of obo m amount is hereby
into the County Treasur / rx ledged
C.t.ti mate
d
Ti j ;d�iiXT. t � Deputy County Auditor Signe Deputy County Treasurer
0649-96651831000= G1120744, $39,550, , Sub 8698, Wendt Ranch Civil
Inspection Fee, Shapell Industries of Northern California, 100 N. Milpitas
Blvd, PO Box 361169, Milpitas, CA 95035
0649=966! /- 8-31000'. C11207�5.f_.. _ . . p
$- ,4:t" ... p03= Q37, erre r nfi
Permit improvement Plan Review Deposit, Windemere SLC LLC, 3130 Crow
Canyon PI #310, San Ramon, CA 94583
0649-9665 / 831000: 61120747, $ 0, 0.00, RA1149, Offer of Dedication-
Certificate of Correction Review Deposit, Windemere SLC LLC, 3130 Crow
Canyon PI #310, San Ramon, CA 94583
0649-9665 / 831000: 01120748, $500.00, RA1151, Offer of Dedication-
Certificate of Correction Review Deposit, Windemere BLC LLC, 3130 Crow
Canyon PI #310, San Ramon, CA 94583
8 '�0 n n caws
a:81vd,
82.1300-0800: 61121237, $1.652.00, Scc w-1 COLA for 10 permits,
Western Pacific Housing/ Bay Area, 400 N. Continental Blvd. Suite 100, EI
Segundo, CA 90254
821500-0800: 01121237, $1,650.00, Sec Reg COLA for 10 permits,
Western Pacific Housing/ Say Area, 400 N. Continental Blvd. Suite 100, EI
Segundo, CA 90254
821600-0800: G1121237, $4,399.00, 5cc DULY COLA for 10 permits,
Western Pacific Housing/ Bay Area, 400 N. Continental Blvd. Suite 100, El'
Segundo, CA 90254
828800-0800: 61121237, $2.301.40, Tri Vly, COLA for 10 permits,
Western Pacific Housing/ Bay Area, 400 N. Continental Blvd. Suite 100, EI
Segundo, CA 90254
827100-0800: G1121237, $2,635,00, DublinICC, COLA for 10 ..permits,
Western Pacif is Housing/ Bay Area, 400 N. Continental Blvd. Suite 100, El
Segundo, CA 90254
Subdivision- �l 6695
Bond No..,
Premium: $5,949.00
IMPROVEMENT SECURITY BOND
FOR SU11DIVIStON AGREEMENT
(i'arfa rancor,Gow-arta*and Payment)
(California Govem meet Crede tj 66499.616499.10)
I. kr t ntv lir,AC > <sssyr; The developer(principal)has executed a sabdi vision,agreement
with the County of Centras Costa to install and !gay for &tenet, drttina ge and other improvements in
Subdivtsioon 8698 as speviflad in the subdivision sgreamant and to oomplato artist+vork within
tate time specified Tor t orngcticrnlint the stthdivislon agreement,all in accordance with State and local lays
and rulings thereunder in order to satisfy conditions ror filing Of 0 Mmart mals oar isara ei m p For said
subdivision.
t�nt.tL ShapSil TndgjWMgM California,a Div(sion of Sh M�I st . Ing,as principal
and IVMg2nal Flra3 insurane9 Corer net of Harttor , a aoVorration orgpnized nW
existing under the laws of tete State of _,,. CT and authorized to transact surety
business in California, as surety, hereby jointly And severally bind ourlelvK Our heir, executors,
aattsinistrntars,sueao4.3ona and ussigns to tF{e County of Contra Cocta,California to pay as follows.
A. l erfarmance and Guatratt ift: Swven 1 sndr te+ in i hrg 1b wand,ON MMOMLMAOLY
Dollars($ N1190M --)for Cc mtraa Costa County or tmy city assignee under tate aWve
County Subdivision Agi.eement,
1). Paymtn#x Fay : droct Tlio t# 1 fx u»cfrar! Dolton;
{ dtlf1.60C1.0O l to srcure the claims to which reference is made in 'Title XV
(commoveing with Section 3082) of Pott 4 of Division III of the CiVil Code of the State Of
California.
3. tlll? `t# t
A. ` h Co;sditton of this Migatiort as[aa Section(!A.)above is such that if the above bonded principal,
,>r principal's beirs,executors."dministrutors,sticcessan or Mips,$11411 in all things stand to and
rabid:!;y�,nd well and truly keep and perform the oovenants,oonditi ns and proviciono in the said
agraa�t ta:t w„W any alloration thereof muds as therein pro�vldad, erre it or its pant,to be kept std
;)-trfairnw1 at the titin:and in tete manner therein specified and in all respects etc-cording to their true
recd meaning and shall ;ndwnnify,once cave irarrmliwas the County of Cancra Coati(or 6ty
eseigr�� its officers,agents and employer,as the rein stipulated,then this obligation shall lift ne
nt•*,,atnd void;othriwise it shall be and remain it full force artd effect.
As pall of etre obligation secured hereby and in addition to the face atrrount specified therefore,there
shook be included reasasnaablc costs,expenses and fees.including reasonable attorney'$ices,incased
by tete County of Contras Costa Ow city „signeas)in successfully cafalrcing such cbligati0n,all tea be
taxed as costs and included in any judgement rentlenA.
D. The condition of this obligation, as to Section OR) above, is suet thm said principal and the
undersigned. as corporate surety,are held firmly bound tanto tate County of Contra Costa and all
con mews,subcontractors,taborer5,material men and other persons employed in the perfarmancc
of the aforesaid subdivision agreement aid referred to in the aforesaid Civil Code, for materials
rwnishecl,labor of any kind,or for innounts due under the Unemployment lrtsurarce Act with respect
to such work or lat)or and that said surety will pay the sant in an amount not exceeding the amount
herein above set forth and also,incuse.shit is brought upon this bond,will pay,in addition to the
fact amount thereof, reasonable costs, expenses and fees, including rcrssonable; attorney's fees.
imurted by the Cotinty of Contra Caste(car oily xssigttN)In sucansfully tsrtforaing such obligation,
to be awarcle d and G.xmi by the court, all to he laKeA as costs and to be included in the judgemlit
therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to this benefit of my and all
persons,companies and corporations entitled to fide claims under Title 15(carrtrneraci»,g with Section
3082)of Fart 4 of Division,3 of the Civil Code,so as to,givea a right of action to therm or their assigns
In any suit brought upon this bontl,
SlIould the:wwk wider conditions of this band be fully perfio med,then this obligation shall becorm
null and raid;otherwise it shall be and remain in full force and affect.
C, No alteration of said subdivision apreament or any plan or specification of said work agrood to by
tate principal and the County of Contra Cresta(err city assignee)shall relieve the surety From liability
an this pond;arta consent N hereby given to make surh xlcention without further notice to or consent
by the surety;Bind the surety hereby waives the provisions of California Civil Code Section 2819 and
holds Itself bound without ragard to and independently of any action against the principal Whenever
taken.
, 1n.N Q At4D-5RA=on_.o August 22,2003
Shapell Industries of Northern California,
PRINMALt a Division of Shanell industries,Inc. S't.,"1ti:9P'A': National Fire Insurance Company of Hartford
Address: 100 N.Milpitas Blvd. Address 5 Cearrogaa Avenue Suite 200
City: Mg s,CA 92235 City. Vgn p 91367
By-
print ldamos Print Name. Marie A.Cook
Title: ,(�_ .- _ Title, Attorney-in-Fort
By:
Print Narrt c,
Titles:
G.K�g0agY1Ct�9,."V'a,trmUtH Y+ti'M►7144,$.GVt -
p>s•, t 1t.StNI�
State of California
County of }}�.�, .—_
On before me.
Data NAME. rITLE OF OFFICER..'JANE DOE.NOTARY Piet tC
personally appeared Marie A. Cook
NAMEiS)OF SIGNER($)
QX—) personalty known to me—OR -.(—)proved to me on the basis of satisfactory evidence to be
the persons) whose name{u) Ishcra subscribed to the within instrument and acknowledged to me that
tshel, texecuted the same in WWherlttrsWauthorized capacity(",and that byAWherlt#W
signature(a) on the instrument the persons), or the entity upon behalf of which the person( acted.
executed the instrument.
Leit:T.KIM rTNESS my hand and official seal.
Commission*1318697
Notciry Public C v
ttdnb Cbrrt Cly __..
NVOwn.tlr *afta ti SIGNIAWRE OF NOTARY
0 ®NAL
Though the data below Is not required by taw, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPAWY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
�..) INDIVIDUAL
(_ �} CORPORATE OFFICER
i .. VE 9 8
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER($) ,_} LIMITED
GENERAL
(J,,,) ATTOANEY-IN-FACT NUMBER OF PAGES
(�) TRUSTEE(S)
(.._.) GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PgpON(S)OR ENTrTY(iES)
National Fire nsurance Company
p a or SIGNER(S)OTHER THAN NAMED ABOVE
o.:asats•e
POWER OF ATTORNE PPOINTING INDIVIDUAL ATM EY-IN-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
DMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CAWALTY COMPANY OF REABiNG, PENNSYLVANIA,a Pennsylvania
+rporation{herein collectively called"the CCC Surety Companies"},are duly organized and existing corporations having their principal offices in
a 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
MiI itis, Cattfomia
iiir true and lawful Attomey{s)4n-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,
dertakings and other obligatory instruments of similar nature
In Unlimited Amounts
d 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
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 oh the reverse hereof,
ly 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
rporate seals,to be hereto affixed on this 18th day of June 1996
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
AILY 31.
00 SEAL IMLAft*
i !
Marvin J.Cashion Group Vice President
rte of Illinois,County of Cook,ss:
On this 18th day of June , ISM,before me personally came
irvfn J. Cashlon,to me.known,who,being by me duty sworn,did depose and say.that he resides in the City of Chicago,State of Illinois;that
is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE.COMPANY OF HARTFORD,and
IERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above Instrument;that he knows the
FIs of said corporations;that the seals affixed to the said Instrument are such corporate ;that they were so affixed pursuant to authority
an by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to
the acct and deed of said corporations.
My Commission Expires March 6,2000 Mary Jo Abel Notary Pubfrc
CERTIFICATE
1,Mary A Ribikawsk'rs,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIDE INSURANCE COMPANY OF
kTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein
rve set forth is stili in force,and further cert that the By-Law and Reasotution of the Board of Directors of each corporation printed on the
erse hereof are still in force. In tsstlrrsony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
`day of &
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
,y t � AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
! k,
r 5EAL
�(NtVW0
»
1$97
Mary A.Ribikawskis Assistant Secretary
011197)
Author. .lg By-Laws and Resolutions
TBD 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
Company.
"Article IX---Execution of Documents
Section 3.Appointment of Attorney-in-fact The Chairman of the Board of Directors,the President or any E=xecutive,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-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 Croup Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
actors of the Company at a meeting duly called and heli 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 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.'
TED 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
Corripany.
"Article Vl�ecution of Obligations and Appointment of Attomay-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 motes attorneys-in-fact to act In behalf of the Company in the execution of
policies of insurance,bonds,undertakings and other obligatory instruments of tike 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 President or any Executive,Senior 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 facsimile under and by the authority of the following Resolution adopted by the Board of
actors of the Company at a meeting duly called and heli 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 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 shall,with respect to any bond or undertaking to which it is attached,continue to be valid and
binding on the Company!
TED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Pourer of Attorney Is made and executed pursuant to and by authority of the following Resolution duly adopted on Febrvary'17, 1993 by
Board of Directors of the Company.
"RE dOLVED: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,Atbomeys-Irl-Fact to act in behalf of the Corporation in the exon of poems of insurance,bonds,
undertakings and other obligatory Instruments of tike natuna.Such Attorney4n-Fact,subject to the 111mratioris set fortis In their respective
certificates of authority,sW have full pouter to bind the Corporation by their signature and execution of any such Instrument aid to attach i
the seal of the Corporation thereto.The President,as Executive Vice President,any Senior or Group Vice President or the Board of Directors
majr at any time revoke all power and authority previously given to any Attorney-in-Fact'
This Power of Attorney is signed and sealed by faxsimiile under and by the authority of the following Resolution adopted by the Board of
actors of the Company at a meeting duly called and held on the 17th day of February,1993.
'RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of
the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors
on February 17, 1953 and the signature of a Secretary or an Assistant Secretary and the seat 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 bond or
undertaking to which it is attar-had,continue to be valid and binding on the Corporation.'
4-
NQ.TICE
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds and certain insurance policies on which one or more of the
Writing Companies identified below is the surety or insurer.
To principals on bonds and insureds on certain insurance policies written by any one or
more of the following companies (collectively the "Writing Companies") as surety or
insurer: Western Surety Company, Universal Surety of America, Surety Bonding
Company of America, Continental Casualty Company, National Fire Insurance Company
of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance
Company of Newark, NJ, and The Continental Insurance Company,
DISCLQSIIRE OF PREMI3Il�I
The premium attributable to coverage for terrorist acts certified under the Act was Zero
Dollars ($0.00).
LOSSES
The United States will pay ninety percent(90%) of covered terrorism losses exceeding the
applicable surety/insurer deductible.
Form F7310
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of _
On C) betore me,
Data Name and Tisk of Ofter(a.g.,'Jane D M Public"
personally appeared (n l KK.e-
Names)of Signe(s)
rsonally known tome
D t proved to me on the basis of satisfactory
evidence
to be the person(s) whose names)49iare
`' 3AN10E i KRUSE subscribed to the within instrument and
,Comrr►bLion# 1318647 acknowledged to me that #e/they executed )
Notwy KA:4C,Comonnd4 the same in hie feMheir authorized
gado Ckma County capacity(iss), and that by hieA,+e#their
MyCommtpsAu92+011, signature(s)on the instrument the person(s),or i
the entity upon behalf of which the person(s)
acted,executed the instrument. )
ESS my hand and official al.
Signature of Notary Public
I
gPTlO
Though the information below is not required bylaw,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:
4 ❑ Individual Top of thumb here
rporate Officer- Title(s):
❑ Partner-0 limited ❑General
Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: (�
Signer Is Representing
1
01999 National Nary Association+9384 De Soto Ave.,P.Q.Box 2402+Chatsworth,CA 913532402+www.nationalnotary.org Prod.No.5907 Reorder.Call Toll-Frac i W-876.81127
AFTER 1213412003 9`4/03 FATCO$27 8698
Collector's Office Nilliam J.Pollacek
5 Court Street Contra County Treasurer-Tax Collector
nance Building,Roam 100 -1
x.U.Box 631 Russell Russell 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
,r N
.l t
Date: 911512003
IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2003, THIS LETTER IS VOID
This will certify that I have examined the map of the proposed subdivision entitled:
Tract/MS# City T.R.A.
8698 DANVILLE 66123
Parcel#: 206-030-031-2
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 2003-2404 tax lien has been paid in full.
Our estimate of the supplemental tax lien is $0.00
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
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-Tex Coll o
By: