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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-134 ........ ._.._.__. .. ..... .......... . ......... ......... ..................... THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 23, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE f ABSTAIN: NONE RESOLUTION NO.2004/ 134 SUBJECT: Approval of Road Improvement Agreement for Cypress Road-Bethel Island Road, RA 1145, (cross-reference Subdivision 7562), being developed by Shea Homes, Bethel Island area. (District V) The following document was presented for Board approval for Cypress Road-Bethel Island Road, road acceptance file RA 1145 (cross-reference Subdivision 7562) property located in the Bethel Island area, Supervisorial District V. A Road Improvement Agreement with Shea Homes,principal,whereby said principal agrees to complete all improvements, as required in said road improvement agreement, within one year from the date of said agreement. Improvements generally consist of road iwidening, road re- alignment, intersection improvements, road detour, and road extension. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator: Public Works(ES) on the date shown. Contact: Prank Navarro(313-2264) CL:LS:rm G:\GrpData\Engsvc\BGV004\03-23-04\RA 1145 BO-15.doc ATTESTED: MARCH 23, 2004 cc: Public Works- T,Bell,Construction __._. Current Planning CotnmunityDevelopment T—January 23,2005(P3) JOHN SWEETEN,Clerk of the Board of Supervisors and Shea Homes County Administrator Kerri WattBrage 2580 Shea Center Drive Livermore,CA 94550 Safeco insurance Company oPAmerica Scott Salandi �' 330 N.Brand Blvd.,Suite 1000 By s Deput Glendale,CA 91203 RESOLUTION NO.2004/ 134 SUBJECT: Approval of Read Improvement Agreement for Cypress Road-Bethel Island Road, RA 1145, Subdivision 7562,being developed by Shea Homes;Bethel Island area. (District V) DATE: March 23, 2004 PAGE: 2 I. Cash Bond Performance Amount: $74,200.00 t Auditor's Deposit Permit No. DP 414721 Date: November 12 2003 Submitted by: Shea Homes Taxpayer identification number: 94-4240219 11. Surety Bond Bond Company: Safeco Insurance Company of America Band Number and Date: 6253031 November 4, 2003 Performance Amount: $7,340,400.00 Labor&Materials Amount: $3,707,300.00 Principal: Shea Homes Limited Partnership NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. f RESOLUTION NO. 2004/134 ROAD 1WROVEMENTACrREEMENT Developer: Effective Date— Development: ateDevelopment: _ 1145 (x z R rs f Sub -3562) Completion Period: l year Road: _Cypress Road – Bethel T,aIartd Read THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,public Works Director By: (81gn8tUT (print At RECOMMEND- '� PR ` - ' Afarceau 9tin * P3'ir;�rde -ZZ�By: (signature) n rug Services Division (print narne&title) Kevin W.Peters. FORM APPROVED:- ictor I Westman,County Counsel Assistant Secretary (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon "and the above-mentioned Develaoer. mutually promise and agree as follows concerning this development: Z. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development 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). Developer shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof 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 Cade 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. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: I A. For Performauce and Guarantee: $__7 4 2 0 0 cash,plus additional security,in the amount of S 7 3 4 0.4 0 0 which together total one hundred percent(100%)of the estimated cost of the walk. Such additional security is presented in the form of: Cash,certified check or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, the Developer 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. For Payment: Security in the amount of$3 a 7 0 7 3 0 0 ,which is fifty percent(50%)of the estimated cost ofthe work. Such security is presented in the form of Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and S944.408 of the Ordinance Code. 4. OU EE AND WARRANTY OF WORK.. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,"Acceptance," of the Ordinance Code. Developer agrees to correct,repair,or replace,at his 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 ESTABLISIiMENT WORK. Developer 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-year from and after the Board of Supervisors accepts the work as complete. & IMPROVEMENT PLAN WARRANTY. Developer 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 development. 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,Developer shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval ofwork and/or materials or statement by any officer,agent or employee of the Coupty 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 Developer of his obligation to fulfill this agreement as prescribed;not shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 9. rNDEMMTY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,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 notsuch liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said 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 the Developer,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 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: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. I1, INCORPORADON/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory incorporated as a city or is annexed to an existing city,the 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 Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) _ County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. T County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RL:kw \\PWS4\SliARDATA\GrpData\EngSveTonns\AG WORMAG24:doc Rev.April 6,2000 ...................... .....,..+i:?f'+C????I.?•!!.•!C•i:??riG'i.:rri:r%?::::::::::r?r???????.Y.????r?x??oi:??r:::::::N.????????.:r.:rr;;;.:r..::.. .... .... .. ::: ..::.: ;;.: {{.: •{{.: .::r CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of � g G OPTIONAL SECTION County of 'aQ e C( i 1,� CAPACITY CLAIMED BY SIGNER On ,before me, "St r `t nj " ` t� c" Though statute does not require the Notary to till In DATE NAME,Ti�—TLE ak�aFFiCER E.G,"J ' DOE NOTARY PUBLIC" the data Wow,doing So may prove invaluable to r } personally appeared__ A WV_(f(Atk V��YJ PC�eo_� persons relying on the document •NAME(S)aP SICrNLR{S) 0 INDIVIDUAL "rsonally known to me-OR-Ci proved to me on the basis of satisfactory evidence to D CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and acknowledged to me that he/she/they executed Cl PARTNER(S) D LIMITED r � � the same in his/her/their authorized Ct GENERAL fv""'., capacity(ies),and that by his/her/their Q ATTORNEY-TN-FACT `) COMM.#1255598 signatures)on the instrument the person(s)or TRUSTEE(S) "++r ROTARY pllF3tlC:IFORNIA G} ( ) ALAMECJA OOUN�y the entity upon behalf of which the person(s) fl GUARDIANJCONSEReVATOR acted,executed the instrument, 0 OTHER: !Lee EXF'.MARCH 4,2Dt34"` WI y ncl n o€ficial sea}, SIGNER IS REPRESENTING. I NAME OF PERSONS)OR ENTITY(IES)) SIGNATM OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signets)Other Than Named Above_ re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents roust comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS- Siggn�ing party must be either a general partner or be authorized in writing to have e authority to sign for and in e t partnership. IV. SIGNATURES FOR CORPORATIONS Documents should signed y two officers,one from each of the following two groups: GROUP 1. �,a�The Chair of the Board The President eAny Vice-President GROUP 2, a The Secretary nb An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:mw t1PWS4%SHARDATAiGrpData4EngSve,Fom)s\WORD FOkMSV LL PURPOSE NOTARY.doc C04"Y Of CONTRA COSTA DEPOW[ RMi'1 1 OFFICE OF COUNTY AUDITOR-CONTROLI M TINEZ CALIFORNIA TO THE TREASURER- RECEIVED ' RECEIVED FROM r ORGANIZATION hIIJAABEIC -} If7rga�rxrrticx+} (For Costs Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG AUB, TASK OPTION ACTIVITY AMOUNT C � t ! r . .5q 23 kzvaj i t t r� t 1 -26 Lr 58W.3 3 e &?l100 1 t r } �- t E PLANATION: TOTAL a 11 2. i 7 DEPOSIT Deposit consists of the fallowing items C TU t2 2 - � Z. t� COIN and CURRENCY $ + �r CHECKS,M.4 ETC. $ 'L't BANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT (gip NUMBER DATE 414721 N01 1 ' ASSIGNED The amount of money described above is#arT7 re f ave oapproved. Receiptof above amount is hereby deposit into the County Treasury. 11� acknowledged y � Sig ' . <' ���' �'` Date ��• Signed: _ Signed: TiN ` '� �C' 1 6' EX71�L Deputy County Auditor Deputy F tivnty Treasurer D-34 REY. COUNTY OF CONTRA COSTA DIEPOSIT P RMIT (OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (for Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION EUh D/ORG A� TASK TION ACTIWY AMOUNT i t / 41 i ' G . r } /G } } t } r } } i t } i i r } } } 1 t { { r t 1 i } 1 { EXPLANATION: TOTAL $ 1 DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CttECKS,M.O.,ETC BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DIP NUMBER DATE ASSIGNEDThe amount of money described above is for Tress cgipt of a ount is oved. Receipt of above amount is hereby ,deposit into the County Treasury. acknowledged. Date _ I ` Signed:gd; Deputy County Audit- T, EXT 7 Deput aunty Treasurer D-34REV(7-93) 0649-9565/831000: GI 122309, $1,575.00,IVIS 02-15,Map Check Fee,';Phillip A. & Leri L. Wolfe, Co-Trst A/L L Wolfe Trust, 6000 Johnston Rd. Pleasanton, CA 94588- 9595 0649-9665/ 831000: GI 122311, Shapell Industries of North California,PO Box 361169, Milpitas, CA 95435 $10.000.00, DA 0030,Drainage Acceptance Review $10,000.00,DA 0031, Drainage Acceptance Review 1 0649-9665 /83100€3: GI 122312, $304,095.38,RA 1145, Road Acceptance Inspection Deposit, Shea Domes,2580 Shea Center Drive, Livermore, CA 94550 0649-9665/ 831000: GI 122313, $230,355.66, Sub 7562, Major Sub Inspection Deposit, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 0649-9665/831000: G1122315, $35,333.00,Sub 7609,Magor Sub Inspection Deposit, John D. Curtis, 1235 EscobarSt. Martinez, CA 94553 0649-9665 /831000: GI 122316, $1,000.00,DP3048-00, COA Compliance Check,No Improvement plans, Hofmann.Land Development Co., 1380 Galaxy Way,`;Concord, CA 94520 819800-08010: GI 122312, $74,200.00 RA 1145,Performance Cash Bond, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 819800-08010: G1122313, $53,900.00, Sub 7562,Performance Cash Bond, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 819800-08010: G1122314, $1,500.00, Sub7562, Performance Cash Bond, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 819800-08010: G1122315, $14,700.00,Sub 7609, Performance Cash Bond, John D. Curtis, 1235 Escobar St.,Martinez, CA 94553 0582-9752 / 819200: G1122313,Sub7562,Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 $3,450.00, COA84AT SR4, Cypress Road Intersection Improvements $91,080.00, COA84AZ,Laurel Road Corridor Fee $46,920.00, COA 84AZ, Byron hwy 0682.9752/ 819200: GI 122315, $43,778.00, Sub 7609, COA27H Reliz Valley Rd Corridor Fee, John D. Curtis, 1235 Escobar St.,Martinez, CA 94553 0683-9752 / 819300: GI 122313, $10,000.00,Sub 7562, COA 84AU,Oakley/N. Brentwood AOB Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 828900-0800: GI 122180, $2,290.0(#, ECCTIA Traffic Fees, Radder& Carol Von Uhlit, 48560 Ursa Dr. Fremont, CA 94539 828.900-0800: GI 122181 $2,290.00, ECCTIA Traffic Fees,Delfino Laga, 80 Loftus Rd. Pittsburg, CA 94565 0648-9140 f 812100: G1122315,$1 VM l 07_X50 l �ainage Deficency/Mitigation,Alhambra Creek, John D. Curtis, 1235 Escobar St. Martinez, CA 94553 Bond No.: 6253031 Development. Z.A. 11,45 (x--Ref SuIL 56 Premium: $51,383.00 LWROVRMNT SECURITY BOND SJR ROAD J�VROV'MENT AGRUXKN ' (uforamM CrcarautM and Freym=) (Califomia,Government Code§§66499-66499.10) 1. lam' TrAL of RoAn baRoVEmn A.GKEmE,N: The Developer(Principal)has executed ars agreement (!toad Improvement Agreement} with the Comfy to kstan and_pay for Feet, drainage and tither improvements on,or alonger r 2s s R d—A g t,h a I l_ R&to complete said.worlr withinthe time%=fled for completion in the Road Improvement A me-mant,all:in accodance vitt fte and local laws and rulings. 2. OHMMON: Shea Hermes Limited EartnerghiR asp`rindpaland SAFECQ Insurance 1 . .g cnrpc�ration argaai�ed under the laws of the State ofWashin tan and atnhorized to transact suety business in CaYiforuia, as Sze, hereby jointly and severally bind ourselves., our heirs, executes, adrn nistr hers, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performace: Sayen Million Three Hundred Vorly T'tiousand Pow Hundred and 00/10 3•'"f#0**' Dollars(S, 7 .3A a.4on for itself or any city assignee undor the above County Road bnprovementAgreem t,plus B. payment: Three MiWon Seven Hundred Seven Tl oumd Three and 00/100******* Ilallarst$ g.�7,g Z 3 an to secure the cls to which reference is made in Title 15 §§et seq.of the Civil Code of the Mate of California. 3. CONDMON: A. The Condition of this obligation as to Seclion(2.A.)above is such that if the above bcnded1Pr=ipaL or principal's heirs,ex ec vors,administrators,mccessors*or assigns,shall in all things stauA to and abide by and well and ftly keep and perform the covenants,conditions and provisicrz in the said agreement and any alteratic►n the=f made as therein provided on it or its part, to '>c *� and performed at the time and in the sex therein specified and in all respects amor&q to their true intent and weatting and shall indemnify and save ha less the County of Contra Costa. or 6ty assignee,its ofd,agents and employees,as tbacin stipulated,then this obligation shall become null and void,otherwise it shall be and remain in full farce and effect, *Company of America As part ofthe obligation secured hereby and in addition to the&ce amount specified therefore,thea shall be included reasonable costs,expenses and fees,including reasonable.attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation,all to be taxed as assts and included in any judgement rendered. 0. The condition of this obligation, as to Section (2.8) above, is such that said Principal and the undersigned as corporate surety are held fumly bound unto the County of Contra Costa and all contractors,subcoaftw c rs,laborers,material mem and other persons employed in the perforumce of i they aforesaid went and referred to in the aforesaid Civil Code,for materials f traished,labor of any kind,or for amounts due under the Unemployment b=ranoo Act with respect to such work or labor and that said undersigned surety will pay the same is an amount not exceeding the amount herein above set fortis and also,incase suit is brought upon this bond,,will pay,in addition to the fact amount thereof,reasonable costs,e~xpanses and fees,including reasonable attorney's fees,incurred by the County of Contra.Costa or city assigntm,in suedessMy enforcing such obligation,to be awarded and fixed by the court,all 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 entitledto file claims under'1 ftle 13(commencing with Scion 3082 of fart 4 of Division 3) of the Civil Cade oftbz State of California,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be fully performed,them this obligation shall become hull and void,otherwise it shall be and remain in full farce and effect C. No alteration of said Road bnprove me nt Agreement or any plata or specification ofsaid work armed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to snake such alteration without further notice to or consent by the Surety and the 5umty hereby waives the provisions of California Civil Codo Sewn 2819 and holds itself bound without regard to and indepandeotly of any action against Principal whenever taken,. 4. SIGNED AND SMED: The undersigned execaW this document nt oxo November 4, 24033 PRINCIPAL: Shea R,o-masLimited Partnership*SURETY." SAFECO Insurance Company of America Addrems: 2580 Shea Cwate.r DrVe. Address: 330 N. Brand Blvd. , Suite 1000 City: Livermor A 96510 City. Glendale, CA 91203 $'3.' PrintNatno: Scott Salandi Title: 4 x6c3`�/ ^�' Title: A.ttoiney to Pt *A California Limited Partnership By: J.F. Shea LLC, A Delaware Limited Liability Company Its Geneeral Partner ..... CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of 124L OPTIONAL SECTION County of + /r x } t CAPACITY CLAIMED BY SIGNER On D 5 before me, J� t �+ i r ti 9 t 1 Though statute does not require the Notary to Slit in DATE 1 NAME,TITLE OF ICERE.fix aANE OTARYPUBLIC* the data bellow,doing so may prove invaluable to personally appeared l 17W ` \ (1l f p persons relying on the document. NAME(s)OF SIGNERS D INDIVIDUAL personally known to me-OR-0 proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TM E(s) -- subscribed to the within instrument and acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED the same in his/herltbeir authorized D GENERAL +LQ.,& : L.WILSON capacity(ics),and that by his/herttheir 'i 0 ATTORNEY-IN-FACT COMM,#7255598 signatures)on the instrument the persons)orNOTARY PUBLIC-CALIFORNIA� the entity upon behalf of which the persons} 0 TRUSTEES) ALAMEDA COUNTY acted,executed instrrumenL 0 OTHER: /CONSERVATOR COMM.EXP.MARCH d,2444 d WITNESS and o Ici I seal, SIGNER IS REPRESENTING- 1, NAME OF PERSONS}OR ENrrrY(IES)) SI�, RE OF NOTAW 0 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIGNA"TtMS - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. R. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be state III. SIGNATURE_ S FOR PARTNERSHIPS - Siping party must be either a general partner or be authorized in uniting to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should a signed by two officers,one from each of the following two groups: GROUP 1. NaChair of the Board b The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two gaups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." IC:mw 'tWWS4\SHARD.RTA1GrpData\Eng$vc\Forms\WORD FORMMAI L PURPOSE NOTARYAd Re+J.'rtay,3,,ID99 STATE OF California SS, COUNTYOF Orange On November 4,2003 ,before me, V. Stockton, Notary Public PERSOA'ALLYAPPEARED Scott Salandi personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/herltheir authorized capaci4ies),and that by hislherltheir signature(s)on the instrument the person(s),or the entity upon behaltf 'V. of which the person(s)acted,executed the instrument. g'I`s0 Comtt►isskxy;>M f367229 Notary Public-CafforNe W WrN SS my hand and official seal. Oran"ci ty My Comm.Expires Jut 29,20W Signature it This areafor Orcial Notarial Seal 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 Improvement Security Bond TITLE OF TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 2 0 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER; _ _ _ .�_ November 4,22003 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITY(IES) SAFECO insurance Company of America Shea Homes Limited Partnership SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT POWER SAFECO INSURANCE COMPANY OF AMERICA A F E CO' GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE SAFECO PLAZA SEAT TLE.WASHINGTON 98185 No 10688 KNOW ALL BY THESE PRESENTS. That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint .................e...............V€CTORIA STOCKTON;JOHN D.MILLER;SCOTT SALANDI;Santa Ana,California'*.........:«....... ..�.,.......... its true ansf lawful attorneys)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 13th day of May 2(103 CHRISTINE MEAD,SECRETARY MIKE MCGAVIM PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seat, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seat shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of ftle power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in futl force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1. Christine Mead,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-taws,the Resolution and the Power of Attomey are stilt in full force and effect. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the facsimile seat of said corporation this 4th day of November 21Q3 SEAL SEAL. sir 1955 a tat" of I7JI5� �!eOf CHRISTINE MEAD,SECRETARY S-09741SAEF 2101 0 A registered trademark of SAFECO Corporrii,on 05/13/2003 POF RESOLUTION OF THE EXECUTIVE COMMITTEE OF J.F.SHEA LLC July 21,2003 The undersigned Executive Committee of J. F. Shea LLC, a Delaware limited. liability company ("Company„), do hereby take the following action on behalf of the Company without a meeting as permitted by the Company's Limited Liability Company Agreement. RESOLVED, that the following named individuals are hereby elected to the Company offices a ppearing a fter t heir r espective names, a nd will serve for t he r emainder o f t be year or until their successors are elected and qualified: RESOLVED,t hat a ny o ne o f the following named o fTicers o f t he C ompany Jo hn F. Shea, President; Edmund H. Shea, Jr. Vice President; Peter O. Shea, Vice President; or any other person or persons designated in writing by any one of said officers or by any two members of the Executive Committee, or any two of the officers named below, are hereby authorized and empowered for and on behalf of this Company,on its own behalf or a s t he g eneral p artner o f Shea H omes Limited P artnership("SHLP"),o r a s g eneral partner of Shea Homes Arizona Limited Partnership("SHALP")or as the general partner of any other partnership to execute any bids,contracts,bid bonds, deeds, maps, plats or any other agreements or documents necessary for the performance of such contracts, agreements and/or documents, to execute any documents required to borrow funds from any lender to be secured by real or personal property owned by this Company, S1ILP or SHALP or any other company of which this Company is general partner, to execute agreements t o p urchase,escrow instructions,and a ny r elated documents in connection with the sale and conveyance of real property developed and sols/by this Company on its own behalf or the behalf of SHLP or SHALP or any other partnership of which this Company is a general partner, or any other real property owned by this Company,and to execute notes, deeds, maps, performance and payment bonds, deeds of trust, mortgages, guarantees, receipts, and all other documents necessary and convenient to carry out the business operations of this Company on its own behalf or the behalf of SHLP or SHALP or any other partnership of which this Company is a general partner. John F. Shea,President Edmund H.Shea,Jr.,Vice President Peter O.Shea.,Vice President Peter O.,Shea,Jr.,Vice President R. (Bert)F.Selva,Vice President Richard C.Andreen,Vice President Charles H.Atherton,Vice President Mark Brock,Vice President W.William Gaboury,Vice President Karyl A.Gately,Vice President Max B.Johnson,Vice President Ronald L.Lakey,Vice President Chester T.Latcharn,Vice President Layne C.Marceau,Vice President David B.Miller,Vice President John C.Morrissey,Vice President Ray Mullen,Vice President Buddy Satterfield,Vice President Les Thomas,Vice President Bruce J. Varker,Vice President Robert J.Yoder,Vice President Robert R.O'delI,Vice President&Treasurer James G. Shontere,Secretary Scott Adams,Assistant Secretary Connie Allen,Assistant Secretary Peter G.Altuchow,Assistant Secretary Joanne Anderson,Assistant Secretary Susan Andrade,Assistant Secretary Joseph C.Anfuso,Assistant Secretary Alex Baird,Assistant Secretary Paul L.L.Barnes,Assistant Secretary Juan Bernardino,Assistant Secretary Bryan Binney,Assistant Secretary Ernest J.Boitano,Assistant Secretary Duane Bradley,Assistant Secretary Rhonda Brown,Assistant Secretary Robert M.Burke,Assistant Secretary Jack S.Carrier,Assistant Secretary Robert V.Claflin,Assistant Secretary Scott Custer,Assistant Secretary Anthony F.Daley,Assistant Secretary John C.Danvers,Assistant Secretary Jeffry M.David,Assistant Secretary Jeffrey H.Donelson,Assistant Secretary Jason L.Enos,Assistant Secretary Yvonne Espinoza,Assistant Secretary Jeff Fenton,Assistant Secretary Tion Finney,Assistant Secretary Joseph M.Flanagan,Assistant Secretary Tod Fontana,Assistant Secretary Michael L.Fraley,Jr.,Assistant Secretary Thom Gamble,Assistant Secretary David Garcia,Assistant Secretary Jessica Garcia,Assistant Secretary Donald J.Gause,Assistant Secretary W.Stephen Gilmore,Assistant Secretary Jack Godard,Assistant Secretary David Goldberg,Assistant Secretary Lyndon Graham,Assistant Secretary J.Terence Hanna,Assistant Secretary Carly Harlacher,Assistant Secretary Leilani Haugen,Assistant Secretary Charla L.Hauser,Assistant Secretary Alexander Hawxhurst,Assistant Secretary Laura Herse,Assistant Secretary Steven Hextell,Assistant Secretary Jeff Hinkle,Assistant Secretary Jackie Hodge,Assistant Secretary Donald A.Hofer,Assistant Secretary Dale Holbrook,Assistant Secretary Steve Howry,Assistant Secretary Catherine M.Huff,Assistant Secretary Lori Jones,Assistant Secretary Paul Kalkbrenner,Assistant Secretary Jeffrey F.Kappes,Assistant Secretary T.('Terri)G.K:ershisnik,Assistant Secretary John Kilrow,Assistant Secretary Alison B.Knoll,Assistant Secretary Kathy Leary,Assistant Secretary Melvin A.Livingston,Assistant Secretary Linda Lockman,Assistant Secretary Harold Looney,Jr.,Assistant Secretary Marcela Malek,Assistant Secretary DiArme Mangis,Assistant Secretary Joyce Manigold,Assistant Secretary Marion P.Marcum,Assistant Secretary Michael McCormack,Assistant Secretary Jenifer McLaughlin,Assistant Secretary Jeffrey McQueen,Assistant Secretary Ron Metzler,Assistant Secretary' William L.Morris,Jr.,Assistant Secretary Don Murphy,Assistant Secretary Gilbert L.Neilson,Assistant Secretary Richard J.Obetnesser,Assistant Secretary Michael D.Odette,Assistant Secretary Brad Olsen,Assistant Secretary }David Olson,Assistant Secretary Steve Ormiston,Assistant Secretary Lee Pacheco,Assistant Secretary Jeffrey K.Palmer,Assistant Secretary Jennifer Patterson,Assistant Secretary Kevin Peters,Assistant Secretary Ken Peterson,Assistant Secretary Robert Pigg,Assistant Secretary TraciLee Piliero,Assistant Secretary William J.Pisetsky,Assistant Secretary Greg Ponce,Assistant Secretary Stephen A.Quaranta,Assistant Secretary Stephanie Rende,Assistant Secretary Diane M.Rivera,Assistant Secretary Timothy Roberts,Assistant Secretary Darlene Robinson,Assistant Secretary Suzette Rodriquez,Assistant Secretary Cynthia Roush,Assistant Secretary Katherine Ruth,Assistant Secretary Carol A.Ryan,Assistant Secretary Jeff Saiai,Assistant Secretary Wm. S.Seemann,Assistant Secretary Ping Shaw,Assistant Secretary Edmund H.Shea,Ill,Assistant Secretary James W.Shea,Assistant Secretary John F.Shea,Jr.,Assistant Secretary Teri Shusterman,Assistant Secretary Eric Snider,Assistant Secretary Shavon Spiller,Assistant Secretary Charlaine C.Spring,Assistant Secretary Stephen Stambaugh,Assistant Secretary Lisa A.Sutton,Assistant Secretary L.(Lori)Symans,Assistant Secretary Della Thurston,Assistant Secretary Stephen Tindle,Assistant Secretary Alan F.Toffoli,Assistant Secretary Linda C.Tong,Assistant Secretary Michael J.Tracy,Assistant Secretary Ruth Truman,Assistant Secretary John B.Vance,Assistant Secretary John Vander Velde,Assistant Secretary Martin Vliegenthart,Assistant Secretary Laura W.Vuolo,Assistant Secretary Robert Wainwright,Assistant Secretary Lily A.Wallace,Assistant Secretary Susan Waterman,Assistant Secretary Dennis H.Williams,Assistant Secretary Jeffrey D.Willis,Assistant Secretary Mark Wright,Assistant Secretary Gregg Yensan,Assistant Secretary EXECUTED EFFECTIVE this 21 st day of July,2003. BY MEMBERS OF THE EXECUTIVE COMMITTEE = - Jo F.Shea Edmund H.Shea,Jr. By, x' BY ter©.Shea Peter i Shea,Jr. r� By- fir''' ....••,�...... R.F.Selva r SURETY RIDER To be attached to and form a part of Bond No. 6253031 On behalf of _Shea Homes Limited Partnership ,as principal and by Safeco Insurance Company of America as Surety, in favor of County of Contra Costa , as Obligee and issued on November 4,2003 In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to the following changes: Amending the Penal Sum of the Payment Portion of the Bond From: Three Million Seven Hundred Seven Thousand Three and 00/100 Dollars To: Three Million Seven Hundred Seven Thousand Three Hundred and 00/100 Dollars Nothing herein contained shall be held to vary,waive,alter or extend any of the terms,conditions,agreements or warranties of the above mentioned bond, other than as stated above. This Rider shall become effective on November 4.2003 SIGNED AND SEALED THIS 16th day of _December, 2003 Safeco Insurance Company of America By. Scott Salandi,Attorney-in-fact STATE OF California SS. C"(?UN7Y OF Orange On— December 1S,2003 before me, V. Stockton, Notary Public ­ PE,RSONALLYAPPEARED Scott Salandi personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s) whose names)is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the:same in hiAerltheir authorized capacity(ies),and that by hislherltheir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument_ a macro t Commission#1367229 W7TNFSS my hand and (ficial.seal. Notary Public-California Orange County amy Comm.Expires Jul 29,2008 Signature t r This area for Official Notarial Seal 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 0 INDIVIDUAL 0 CORPORATE OFFICER Surety Pidet TITLE OF TYPE OF DOCUMENT nTLE(S) L1 PARTNER(S) 0 LIMITED 0 GENERAL 1 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) GUARDIAN/CONSERVATOR December 16,2003 _..._........----_.__._._---__...._ _..___....__._---.______..___.._.__-_____..._____.._ DATE OF DOCUMENT SIGNER IS REPRESENTING; NAME OF PERSON(S)OR ENTITY(IES) Safeco Insurance Company of America .� ._. None SIGNERS)OTHER THAN NAMED ABOVE-- 0-1232(REV.5/01) BOVE0-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY HOMEOFFICE SAFECO i LA7AGENERAL URANCE COMPANY OF AMERICA SEATTLE,WASHINGTON 96185 No. 10898 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ....*.*"****.I...."•*°•'****"••'VICTORIA STOCKTON,JOHN D MILLER;SCOTT SALANDI;Santa Ana,California-1—............................... its true anil lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 131h day of May 2003 CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the Fly-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS ...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;provided, however,that the seat shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 29, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1, Christine Mead,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are stip in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seat of said corporation this 16th day of December 2Q03__ SEAL SEAL a 953 t s I x' s ffaf tVAS jtr� �� CHRISTINE MEAD,SECRETARY S 0974iSAEF 2t0 O A registered trademark of SAFECO Corporation 05/13/2003 PDF