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RESOLUTIONS - 01012004 - 2004-140
TIDE 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 IABSTAIN: NONE RESOLUTION NO. 2004/ 140 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8685,being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) The following documents were presented for Board approval this date:. I. Map The final map of Subdivision 8685,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,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 Origitaken and entered on the minutes of the Board of Supervisors Contact: Public a(313 236(ESon the date Shown. Contact: Teri 3tie(313.2363} SG:nn G:1GrpDatalEngSvcl80t2W4103-23-041SL>8685 BO-2l.doc cc: Public Woks-T.Belt,Construction Current Planning,ComnttuaityNvelopment ATTESTED: MARCH 23, 2004 T-January 23,2005 Shapell Industries of Northern California JOHN SWEETEN,Clerk of the Board of Supervisors and 100 N.Miliptas Blvd County Administrator Milpitas,CA 95035 Attn:Steve Savage and Sam Worden National Fire Insurance Company of Hartford 5820 Canoga Avenue,Suite 200 Woodland Hills,CA 91367 By • --- ,Deputy Aun:Pansela L.Stocks RESOLUTION NO.2004/ 140 r' 3 nor t�1 �w N ZC.� ;try Qp rW l3 d \Y LUt" 0 (oz to I� Nzz �z �6 <Zwl ° 00 moi 110 4 dj'^'-zk0g 2 6"-z a � W 4Q0 Wx co ^ C �dO �S t ow ut 25 wrs-� � � w 'at�S$ cn i p.Laa ^� Cart ,•-2 C„7 U . ow En go t�����,,�,��'rY,� x2�4�4�� � 9N � - nim v z A 7dmr,} S�E4sBPn L7 # f3z4 K u�rw +-wyo e zVj 3i^4 od S MUMS 335 9 S33H5 335 o -4 ; .ZS'flt FI 3,fa,fi 6tN y� ,19S11 3. 3 » t (tfIItrF=7 3r o ..:8Z 5F _. z ,tt'tZ 3 95,81.8IN 1t5 6$`9Ft 3,zt.1Z.OZY F j cf , {x-tY), 3.Zt go -- - - 69 - _ bFL9ft q aaYY£F b >. f " 3958 81N " 99 68'9r1 3.7U40ZN yY 2! 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Sha pell Industries of Northern California, a Division of -5193�,C, .. Shapell Industries,It Effective Date: / Completion Period: I year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL Maurice 4 Shiu,Public Works Director Shapell Industries,Inc. By: (Signature) {Printname&title) RECOMMENDED FORAPPROVAL By: (signature) Engineering%ery v Dry 1 (Print uane tit tic() FORM APPROVED: Victor J.Westrnan,County Counsel (NOTE: All signatures to be acknowledged.If Principal is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code §313.) t. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned PrinciRal,mutually promise and agree as follows concerning this subdivision: 2.- IMPF O V EMENTS: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 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 frasn 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. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $24,300 cash,plus additional security,in the amount:$L410 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. For Pavment: Security in the amount:$1,217,150 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the forth of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, Principal guarantees payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.40$of the Ordinance Code. 4. GUARANTEE AND WARRANTY QF 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 9646, "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. S. 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. PROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in ;ection 2 and as required by the.conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any pain 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 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 ofwhether 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 inspections thereof and relocation of existing utilities required thereby. 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. IL NON-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. INCORPORATION/ANNEXATION. 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. RUWad GAGrpDwa\FngSv0S1ava1GWe Ranch Phase 218685(N14)\SD8685 Subdivision Agmemew AG-30.doc Rev C7cmber 25,2005 ' \;`. -V\.'\r\�, n.'`.;\\ ,�',\„-„^\ ��'� _ � .. -.. 1�..i��ff�.vN^lW%�WU,�^n„�'\^✓V/�NWVV\��v��,'v,\\'i'yN�i.l! l CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT < a ) State of California } County of Santa Clara On January 26,2004,before me,Janice T. Kruse,Notary Public personally appeared, J.C. Truebridge and Ken Cox personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons,or the entity upon behalf of which the persons acted, executed the instrument. JON T.1M Commbsfon*1318697 {-WITNESS my hand and official seal. � -comma sw+a CW* Signature of Notary Public Optional Information Title or Type of Document: Subdivision Agreement--Tract 8685 Jl Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shauell Industries,Inc. DEPOSIT PERMIT t OFFICE OF COUNTY AUDITOR-CONTROLLER t, tO THE TREASURER: MARTINEZ,CALIFORNIA ZECEI'VED FROM ORGANIZATION NUMBER (for Cash Collection Procedures zee County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG A TASK ION ACTIVITY AMOUNT .; I 'too i 4 -5 31 ISO . i /Z 1 I 1 1 55 r .3f irk 1257-sI`r .at # T 2 i)o17 4 7 /A4 1 f J cl 'tH la I/ IaOSQf EXPLANATION: , TOTAL $ ^ k DEPOSIT Deposit consists of the following items �p� ''CO IN Dori CURRENCY S �7/! BANK DEPOSITS �r �� r;„ s CKs,Mak ETC. S / FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D NUMBER y f 1 f DATE 4191035 FIER ASSIGNED t I The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury, acknowledged / Signed s' t l Date ? 1 t' Signed: �✓ Signed: ° � '- Title 1 EXT. �. Deputy County Auditor Deputy County Treasurer -34 BEY.{7-93} DEPOW PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER MARTINEZ,CALIFORNIA i t` RECEIVED FROM ORGANIZATION NUMBER ;> ' ..� I I lel (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. �� TAMC OPTION ACTMTY AMOUNT rf ? PIF r fv� 7 " moi J,X� I�T ; Ir ( ) C r j. 1. {{i✓j.'r7 Lf}i C. 1 f £..''J( -t1 r. / ��rr7..,r' (., �,,, . . - / 2/r � r tf (t �l.J('L::+��..�}i .f.J 6�0 R;6..^ 1 { 'f. �5 J rl Jf'/ �1� 7Vw F•^ �1 ) r F I�+L�'r C /r C� i fl� ,� } {Lai t✓rt+ ri �7t }1 t [ f.J 1'_21 -7�6 "4 Q Dl III) k Z' La I 'll it I I I I J_ I j I I f I I I I I I I I 1 9 Y-fo,1.4 • % J! r r r l EXPLANATION: TOTAL $ i DEPOSIT i DepcM imnslsts of the following items CandRENCY S _ CHECKS,Ma ETC S BANK DEPOSITS S _ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT RP�� . NUMBER (� DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby de�osit into the County Treasury. ackr+owledged � Signe.'li" rf_'� {'' t '� '--c � � '" Date 1�_it'd �....-.....,_.._„ _. r r Signed: Signed: Title r'(`T i EXT. 1.' Deputy County Auditor Deputy County Treasurer >-34 REV.(7-93) 0649-9665 831000: G1122421, $16,372.70, RA1148, Road Acceptance Review, Shapell Industries of N. California, 100 North Milpitas Blvd, Milpitas, CA 95035 0649-9665 / 831000:, 01122422, $8,962 Sub 8690, Major Sub Plan Review, Shapell Industries of N. California, 100 North Milpitas Blvd, Milpitas, CA 95035 10649-9665 / 831000- G1122423, $51,620.00, Sub 8773, Major Inspection Plan Review, Windemere BLC Land Company LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: G1122407, $5,000.00, FCP 601.04, Cash Bond, KR Home, 6700 Kolb Center Pkwy, Pleasanton, CA 819800-0800: 01122417, $6,880.00 RA 1150, Civil Performance Cash Bond, Windemere BLC Land Company LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 828900-0800: G1122850, $2,338.f}0, Traffic Fees ECTIA, VIA Builders- Audreg, 4600 El Camino Real #209, Los Altos, CA 94022 0645-975 /-829200: G119-2950, $40.00, East Cciurity COXA- , VIA Builders- Audreg, 4600 El Camino Real #209, Los Altos, CA 94022 828500-0800: G1122850, $118.00, ECC COLA, VIA Builders-Audreg, 4600 El Camino Real #209, Los Altos, CA 94022 0682-9752 / 819200: G1122863, $113.200.00, Consent Judgement V02- 1190, TXI Texas Industries, 1341 West Mockingbird Lane, Dallas TX 75247 0649-9665 / 831000: G1122383, $9,470.00, MS 21-02, Improvement Plan Review, Resources for Community Development, 2730 Telegraph Ave, Berkeley, CA 94705 0 jl �>JDc, b 0649-9665 1831000: G1122384, $ , Sub 8685, Improvement y�5ec.`��`lr R .wew, Shapell Industries of N. California, 100 N. Milpitas Blvd, Milpitas, CA 94035 0649-9665 / 831000: G1122385, Contra Costa RE Investors LLC, 4155 Blackhawk Plaza Circle, Suite# 201, Danville, CA 64506 $10,000.00 RA 1162, Road Acceptance Review $10,000.00 DA 0037, Drainage Review 0649-9665 / 831000: G1122401, $500.00, 852876, Record of Survey Deposit, Kister, Savio 4 Rei, 3095 Richmond Pkwy #214, Richmond, CA 94806 0649-9665 / 831000: G1122416, $7,560.00, DA 0033, Drainage Improvement Review, Windemere BLC Land Company LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 0649-9665 / 831000: G1122418, $34,460.00, RA 1150, Road Acceptance Inspection, Windemere BLC Land Company LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 Subdivision; 8685 Bond No.: 929 299 722 Premium. $18,075.00 Gale P,anch II, N-14/lose Garden IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT # (Perfon-nance,Guarantee and Payment) (California Government Code§§ 66499-66499.1.0) 1. RECITAL,OF Sugpryism AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8685, as specified in the subdivision agreement and to complete said warp within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in Girder to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBL_IGATIONNN: Shapell Industries of Northern California a Division of.Shapell Industries,Inc..as principal and National Fire Insurance Company of Hartford,a corporation organized and existing under the laws of the State of CT and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves,our heirs,executors,administrators,successors and assigns to the County of Contra Costa,California to pay as follows: A. Performance and Guarantee: Two Million Four Hundred Ten Thousand and O0/100 Dollars ($2 410 000)for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. :Payment: One Million Two.Hundred Seventeen Thousand One Hundred Fifty and 00/100 Dollars ($,1,217,150?to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's 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 it 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 barmless 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 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 costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,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, 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 entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions 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 of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by the 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 the principal whenever taken. SIGNED AND SEALED on January 5,2004 Shapell Industries of Northern California PRINCIPAL: A Division of Shaped Industries,Inc. SURETY: National Fire Insurance Company of Hartford Address: 100 N.Milpitas Blvd. Address: 5820 Canoga Avenue,Suite 200 City: Mil itas CA Zip: 9 035 C>f � Woodia Hills,CA gip: 91367 By: - - r� By--, -41 /1 Print N e: + Print Name: Pamela L.Stocks Title. ' Title: Attorney-in-Fact By: Print Nam/J--Gi ` C Title: t. -C'- -, . . 3D:mwaap GAGrpD3tAEgSvC\S1ava\Ga1e Ranch P uise 218685(N)4)\SD 8685 Bond Agreement 13N•12.doc Rev.Decomber 9,2003 _._ POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(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 Hall,Sandra'V Hanner,Individually of Sherman Oaks,CA,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 I -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 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 Senior Vice President and their corporate seals to be hereto affixed on this 14th day of October,2003. U4-- Continental Casualty Company National Fire Insurance Company of Hartford o0wo" American Casualty Company of Reading,Pennsylvania tt 0-� & a nn t, it, 41 SEAL J Michael Gengler ��Se - Vice President State of Illinois,County of Cook,ss: On this 14th day of October,2003,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 Senior Vice President of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvinia,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. C1�F,;F;1 C.,�ZAL SISAL E4iZA IEA LELIZA PFUCE " MY Nom STATe Of " WHOM ice My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation 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 subscribed my name and affixed the seal of the said corporations this 5th day of 2004 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania PAY It, Mary A. ilia 's Assistant Secretary Form F6853-11/2001 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX---Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such 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 thererto. 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 attorney-in-fact" This PJwer 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 17'h 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." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI---Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such 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 attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17a'day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the CompAy 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 beating such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: `Phis 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,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance;bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice 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 Directors of the Company at a meeting duly called and held on the 17a day of February,1493. "RESOLVED: That the signature of the President, aq 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, 1493 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 bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of CALIFORNIA County of LOS ANGELES Can Januarj before me, 5r 2004 Sandy Hanner - Notary Public Date NAME, TITLE OF OFFICER.. "JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stacks NAME(S)OF SIGNER(S) { ( x ) personally known to me-OR - (_.,....) proved to me on the basis of satisfactory evidence to be the person(t ) whose name(4 is/wemsutIscribed to the within instrument and acknowledged to me that hashe/l.executed the same in tdr/her/9xIc authorized capacity0w* and that by XWher/MW signatureo) on the instrument the person(.), or the entity upon behalf of which the person(30 acted, executed the instrument. .- -.--..+►.�- WITNE my hand and ©ff ` seal. �• s SANDY K" Commission*1362167 Notary Public-California / SIGNARE OF NOTARY Los Angeles County O- My Comm.Expires JW-2 2006 OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED {_ .) GENERAL NUMBER OF PAGES ( } ATTORNEY-IN-FACT TRUSTEE(S) { _} GUARDIANICONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON{S} OR ENTITY(IES) National l=ire Insurance Company of Hartford SIGNER(S)OTHER THAN NAMED ABOVE S`"��,..-_ :'�..n,,v:r.^Jvtin_-..titi.�.✓;r,^.N, , ..-„.,.. . .,v.,•.:.. ..n....-. r.n.^..„_ _,v....,.�.,✓.,.-.,-.s.. ✓v'.`.,`^✓�.i-`.awe. ,v.`^s`%.�.^+!wi.,w"”.w�.`'�'rv�',^`^`v�%v"':',':'.';' << CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT s State of California I County of Santa Clara On January 8,2004,before me,Janice T. Kruse,Notary Public personally appeared > J,C,"rruebridge& Mark Westphal,personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the z' instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. .1ANCE t Klt11SE < ,t Commission#f 131$697 t � �ry -cam WI'NESS my hand and official seal. zy $0010 Cloy Zcounty *Comm.bvNUM924, 4P4 Signature of Notary Public Optional Information Title or Type of Document: Improvement Bond Tr.8685—Bond#92999722 ' (1 } Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of l Shaped Industries,Inc. t. ft t " S lS r <1 <S NOTE 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 (eollectivdly the "Writing Companies") as surety oal 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 Firdmen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREM111M . The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERALP T NT OF TERRQRLSZ LSCS The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form Flat4 VMD AFT'!Ek 2119104 1!5!04 FATCO$42 8685 Tax Collector's Office Vri,'tliam J.Poltacek 625 Court Street ContraCounty Treasurer-Tax Collector Finance Building,Room 100 P.0.Box 631 Russell V.watts Martinez,California 94553- Costa Chief Deputy Treasurer-`rix Collector 0063 (525)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations supervisor - Date: 115/20134 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 1 M5# City T.R.A. 8685 SAN RAMON 66405 Parcel#: 222-240-009-5 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. P The 2003-20104 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $208,300.00 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 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector' Subdivision bond must be' resented to the Coyn!y Tax Collector for review and approval of adequacy of security rior to film with the Clerk of the Board of Su ervisars. WILLIAM J. POLLACEK, Treasu .. x C ee r By: PRINCIPAL TITLE COMPANY SURETY Shapell Industries,Inc. First American Title Co. National Fire Ins"rance g Pany of Hartford IOU N.Milpitas Blvd. 1355 Willow Way,#101 5820 Canoga Avenue,Suite 200 Milpitas,CA 95035 Concord,CA 94520 Woodland Hilts CA 91387 Attn:Elaine Rojo Attn.:Barbara Pinto Attn: Bond Dept, Phone:408-946-1550 Phone: 925-356-7025 8187713-2035 FATCO#1879992 Bond No. 929 299 728 Tax year 2004 -2005 Premium: $1,562.00 BUND AGAINST TAXES Tract 8685,Gale Ranch 11,N-14,Rose Garden KNOW ALL MEN BY THESE PRESENTS: THAT, Shapell Industries.Inc.. a:Delaware corporation as principal and (Surety) National Fire Insurance Company of Hartford ____,a corporation organized and existing under the laws of the State of CT� , and authorized to transact surety business in California as surety are held and firmly bound unto the County of_contra costa, State of California,in the penal sum of Two hundred eight thousand three hundred Dollars ($ 2€18,30L1tOO ),to be paid to said County of Contra Costa , for the payment of which will and truly be made,we and each of us bind ourselves,our heirs, executors,administrators and successors,jointly and severally,firmly by these presents. Sealed with our Seals and dated this 20th day of January, 2004. The conditions of the above obligation is such that WHEREAS,the above bounded principal is about to file a.map entitled Subdivision 8685 and covering a subdivision of a tract of land in said,County of Contra Costa and there are certain liens for taxes and special assessments collected as taxes,against the said tract of land covered by said snap,which taxes and special assessments collected as takes',are not as yet due or payable. NOW,THEREFORE,if the said Principal,shall pay all of the takes and special assessments collected as taxes which are a lien against said tract of land covered by said map,at the time of the filing of said map of said tract,then this obligation shall be void and of no effect,otherwise it shall remain in full force and effect. Shapell Industries,Inc., a Delaware corporation National Fire lnsurance Company of Hartford Principal Surety Pamela L. Stocks, Attorney-in-Fact P opal DATE: -.2A--�r/ BOND REVIEWED AND APPROVED CONTRA COSTA COUNTY TREAS ER- TAX CO L3 CTUli (notary acknowledpmcnt attached) BY: ' k � POWER OF ATTORNEY APPOiI'MNG INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,'That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of heading,Pennsylvania,a Pennsylvania corporation(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 Hall,Sandra V Harmer,Individually of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Pact 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 1 -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 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 Senior Vice President and their corporate seals to be hereto affixed on this 14th day of October,20133. � W tr Continental Casualty Company National Fire insurance Company of Hartford a a American Casualty Company of Reading,Pennsylvania MY St. SM tommu 7:11� Michael Gengler Se Vice President 101 State of Illinois,County of Cook,ss: On this 14th day of October,2003,before me personally carne 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 Senior Vice President of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford.,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL • ELtZA P#ttGE • NOTApt°f 1`VMi.iq dA'►ASC CF i6iAttOli 7ryMUMNO t:C7V1—mk*"M71" -,) My Commission Expires September 17,2046 Eliza Price Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation 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 print n the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this iw day of 2004 e+ u� Continental Casualty Company National Fire Insurance Company of Hartford low American Casualty Company of Reading,Pennsylvania v SEAL tdt�7 Mary A.RfhikajWs Assistant Secretary Form F6853-11/2001 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3. Appointment of Attomey-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company theterto. 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 attomey-in-fact." This P wer 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 of a meeting duly called and held on the 17`"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." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI--Execution of Obligation and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such 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 attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17`h day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the C.impahy 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.," ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,1993 by the Board of Directors of the Company. "RESOLVER: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-):act,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-m-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 176 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 he affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this 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 bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of CALIFORNIA County of LCIS ANGELES On ,January 20, 2004 More me, Sandy Hanner-Notary Public {late NAME.TITLE OF OFFICE=R.,"JANE DOE. NOTARY PUBLIC- personalty appeared Pamela L. Stacks NAME(S)OF SIGNER(S) ( } personally known to me -OR - (._---) proved to me on the basis of satisfactory evidence to be the personps} whose name(4 isJanvaubscribed to the within instrument and acknowledged to me that litedshe/*M executed the same in his/her/talc authorized capacityoaa} and that by 1 t�lherl#M signaturets)on the instrument the person(4), or the entity upon behalf of which the person(O acted, executed the instrument. WITNES; y hand and offtci i. SA It HOt#IER _ Coq*wssion a 1382157 va; Notary f'ubfic-Caftff lel 5fC3�lATUf#E C1F Nt77A iY . Los Angeles County eIvry Comm,Expires Ju12,2t1f18 OPTIONAL Though the data below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL {..�} CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) {_... LIMITED {) GENERAL NUMBER OF PAGES { ) ATTORNEY-IN-FACT TRU STMS) GUARDIANICONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Firs Insurarre Company of Hartford SIGNER{S} OTHER THAN NAMED ABOVE NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are provicling 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 1 or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety ofAmerica, Surety.Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American, Casualty Company of Reading, FA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company �ISCLOSURE Off' IREMI The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). D-ISCLOSIME OF FEDERALA T I N T.QF TERROR LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 ' ' ✓tin,\ti :'v\.. .r..,::' .11,.�J ', ., .. ✓� .. ... .. fv'"' ..�'.�hnr j.�:✓�"WV�iV�.nfivi`:^:r^..Nt.`^✓�`.ZV`Mr'v�./`✓�,f�'.i1��/..j J ?S J� CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara >> On January 23,2004,before me,Janice T. Kruse,Notary Public personally appeared, ?> Marie A. Cook and Ken Cox personally known to me to be the persons whose names <; are subscribed to the within instrument and acknowledged to me that they executed the >4 same in their authorized capacity, and that by their signature on the instrument the > persons,or the entity upon behalf of which the persons acted,executed the instrument. JAMW E 1.1 C4si91Nnmw 1318697 NOWPubhc .came WITNESS my hand and official seal. >} 8ardo Owa couroy < Signature of Notary Public Optional Into-ri cation Title or Type of Document: 2004-200 Bond Against Taxes #929299728,Tr.8685 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary cif t , Sha_all Industries,Inc. `t cti S >\ SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8685, being developed.by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) DATE: March 23, 2004 :PAGE: 2 A. Cash Bond Performance amount: $24,300.00 Auditor's Deposit Permit No. 419035 Date: February 5, 2004 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: 929 299 722 Date: January 5, 2004 Performance Amount: $2,410,000.00 Labor&Materials Amount: $1,217,150.00 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 and that the 2003-2004 tax lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first day of January 2004, is estimated to be $208,300.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: National Fire Insurance Company of Hartford Bond Number: 929 299 728 Date: January 20, 2004 Amount: $208,300.00 Principal: Shapell Industries Inc., a Deleware Corporation 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 N0. 2004/140 I I W d I I W U VJ � zy '� i c�r N ren��., F j I K m K w I z u 1 w i»3i� a s � wg �w is j N r 1 & {lyy Ws"a ��25Y'-" ¢ z _z ......w iN{ C�� CC, yy 8 p� tTY Q O EC O ,lr..y.,ai, Err Huai Ci ! 13 ir L7X YD 0. t tV p y, �s Nz�8ic yyy� .- ir 06 d .I yynn � a VLq {p S El- LO l- L L) la z }{ �e.0 y+J 6r'), j JI-• �y 611&+iri y z>W fl W.i:3 ab ``tC- z . 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