HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-88 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on February 24, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.2004/ 88
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision
8683 being developed by Shaped Industries of Northern California, a Division of
Shapell Industries, Inc., San Ramon (Dougherty Valley) area. (District III)
The following document was presented for Board approval this date for, Subdivision
8683 located in the San Ramon (Dougherty Valley) area.
A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of
Northern California, a Division of Shapell Industries, Inc., developer, whereby said developer
agrees to complete all improvements as required in said Subdivision Agreement (Right of Way
Landscaping) within one year from the date of said agreement. Improvements generally consist
of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $1,400.00
Deposit made by: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc.
Auditor's Deposit Permit No. and Date: DP417521 January 8, 20104
SG:rm I hereby certify that this is a true and correct copy of an
G:tGrpData\Engsvcl30t2004\02-10-04\SUB 8683 Bo-I6.doc action taken and entered on the minutes of the Board of
Originator. Public Works(ES)
Contact: Teri Rie(313-2363) Supervisors on the date shown.
cc: Public Works- T.Bell,Construction
Current Planning,Community Development
T-December 24,2004(P 1) ATTESTED: FEBRUARY 24t 20)04
Shape])Industriesilpta of Northern California JOHN SWEETEN, Clerk of the Board of Supervisors and
t 00 N.Milpitas Blvd. � p
Milpitas,CA 95035 County Administrator
Attn:Jim Gold,Steve Savage&Sam Worden
National Fire Insurance Co.of Hartford
5820 Canoga Avenue,Suite 200
Woodland Hills,CA 91367
Attn_Pamela L.Stocks By - ���____,Deputy
RESOLUTION NO.20041 88
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
` before
Cry }� L
' ,'ll�c k
me,
pais �^ Name and Title 4of Ofter{e.g..-Jane Pcit1)ic"} �
personally appeared
Name(s)of Signer{s}
>f�ersonatly known to me
y
proved to me on the.basis of satisfactory
evidence
I� l
( to be the person(s) whose name(s)•-isfare
subscribed to the within instrument and
acknowledged to me that�ele!'telthey executed
the same in 44a4ieMheir authorized
Cotrt� 1318697 capacity(ies), and that by bis*e+ltheir
Nokvy Pub*c-C000mia signature(s)on the instrument the person(s),or
Ckwo C u* the entity upon behalf of which the person(s)
JMV COMM acted,executed the instrument ,
{ 1NITNESS my hand and offici seal.
i Signature of Now y Pubifc
OP7'1a11tAL
Though the information below is not required by taw,it may prove valuable to persons relying on the document and could prevent 1
N fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:_ Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Maimed by Signer
t Signer's Name: l
c Top of thurnb here
�
i�(Individual orporate Officer---Titte(s): 4 ` 5 1 �
0 Partner—❑Limited ❑General
C Attorney-in-t=act f
Ci Trustee
❑ Guardian or Conservator
❑ Other: �
Signer is Representing: �
0 1899 National Notary Association•9350 De We Ave..P.O.Bax 2402•Chatsworth,CA 9131324M•www nationalnotary.org Prod.No.5907 Reorder:Call 7oli•Frsa 1.800.878-6827
State of CALIFORNIA
County of LOS ANGELES
On December 15 2003 before me, Sandy Hanner-Notary Public
Date NAIVE, TITLE OF OFFICES.,'JANE DOE.NOTARY PUBLIC"
personally appeared Pamela L. Stacks
NAME(S)OF SIGNER(S)
(2L) personally known to me -OR w (_.. ) proved to me on the basis of satisfactory evidence to be
the personas} whose name(,WAft.subscribed to the within instrument and acknowledged to me that
Wshe/itW executed the same in tadalher/tltakt authorized capacltyoee I and that by l r�/herAW
signature(*) on the instrument the person(g), or the entity upon behalf of which the person(*() acted,
executed the instrument,
WITNE my hand and official seat.
SANDY HANNER
_ Go mmissiot:411382157
No#ary f'ubNc Ga forms j itiN URE OF NOTARY
40Lc>s Atagelea County
My Comm.Exp Its Jut 2 2tlp 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 w
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
{"}
PARTNER(S) {.._} LIMITED
(.�} GENERAL
NUMBER OF PAGES
{ }
ATTORNEY-IN-FACT
TRUSTEE{S}
{. _} GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
National Fire Insurarlie Com2pM
of Hartford SIGNER{S} OTHER THAN NAMED ABOVE
G-107426-8
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 is sign,seal and execute for and on their
behalf bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a 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.
GAS Continental Casualty Company
National Fire Insurance Company of Hartford
' cw►� , 1t� American Casualty Company of Reading,Pennsylvania
nxSEMAL W=2
7697 1&d44•
Michael Gengler Sen' 'Vice President
State of Illinois,County of Cook,ss.
On this 14th day of October,2043,before me personally came Michael Gengler to me known;who,being by me duly swam,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 InsuranceCompany 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 Y
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 •
r Lw►PRICE
stw
MOYNl1/N7lLtC.iYfJ[►!6f MANIOIK
.dogfiYNiiiMttCK EMlNY6f:Mdi7AN1
My Commission Expires September 17,2006 Eliza Price V 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
15th day of December 2003
Continental Casualty Company
National Fire Insurance Company of Hartford
rO'°"A*a S �w �tto American Casualty Company of Reading,Pennsylvania
�-
tr a> iWYJt,
Ov SEAL T Oro
,r^l
x69'7 . ,� ifhM'�� • (�
Mary A.qi1afjkis Assistant Secretary
Farm 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 attomeys-in-fact to act in behalf of the Company in the execution of policies of
insurance, bonds, undertakings and other obligatory instruments of like nature. Such 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 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 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 VIr 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 attomeys-in-fact, subject to the limitations set.forth in their
respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
seal of the Company thereto. The 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 Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant-
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board
of Directors of the Company.
"RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,
appoint,by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and
other obligatory instruments of like nature. Such Attorney-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 17t°day of February,1993.
"RESOLVED: That the signature of the President, ars 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,
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."
.........................
NQTICE,
In accordance with the Terrorism Risk Insurance Act of 2042, 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 (collectivdly the "Writing Companies") as surety
or insurer:Western Surety Company, Universal Surety of America, Surety Bonding
Company of America, Continental Casualty Company, National Fire Insurance
Company of Hartford,American Casualty Company of Reading, PA, The Firemen's
Insurance Company of Newark, NJ, and The Continental.Insurance Company.
MMOSTIRE OE PR MIUM
The premium attributable to coverage fox terrorist acts certified under the Act was
Zero Dollars ($4.44).
MMOSEREUEED
R 'R
The United States will pay ninety percent (84%) of covered terrorism. losses exceeding
the applicable surety/insurer deductible.
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision
8683 being developed by Shapell Industries of Northern California, a Division. of
Shapell Industries, Inc., San Ramon(Dougherty Valley)area. (District III)
DATE: February 24, 2004
PAGE: 2
IL Surety Bond
Bond Company: National Fire Insurance Co. of Hartford
Bond Number and Date: 929 299 651 December 15, 2003
Performance Amount: $139,200.00
Labor&Materials Amount: $70,300.40
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc.
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way
Landscaping)is APPROVED,
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2404/88
`
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Cde §66462 and§66 _'
Subdivision: Effective Date:
Subdivider: Shapell Industries of Northern California, Completion Period: Yymer
A Division of Sha2ell-Industries, Inc.
THESE SIGNATURES ATTEST TOTHE PARTIES'AGRBMENTHERETO:
CONTRA COSTA COUNTY SUBDIVIDER:
�
Maurice M. Shk4 Public Works Director Shar)ell Industries of b-�dm California,
A Division of Shapell Industries,Inc.
By: L-A,
!(print name
RECOMMENDED Fb�APPROVAL:
FORM APPROVED: Victor J.VVeatrnan. County Counsel
(NOTE,All signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code§313.)
1 uuUed"Coun 'and the
above-mentioned^u�u�Subdivider,mutually promise and agree*sfollows concerning othis subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private),drainage improvements,
signs, st his, firs hydrants, landscaping, and such other improvements (including appurtenant.equipment) as required in the
improvement p ans 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).
Subdivider shall complete said work and Improvements(hereinafter called"work*)within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code§§66410 and following),In a good workrrianlike 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. thisAgreement,theSubdiv|dmrohaU.pureuanttoGovernmentCodm§88499�mnd
the[omn�(]nj�mnm�Code,provide ansacu�ytothe County:
'
A. w�h�g�er��
one hundred pe�mnt(1O0%)ofthe eaUmu�dcost cfthe�ork. Such oddibona|omcu 'ispresented in the form of:
Cash,certified check orcashiers check.
_X_ Acceptable corporate surety bond.
Acceptable irrevocable letter ofcredit.
With this security,the Subdivider guarantees performance under this Agreement da�� — �� work for after
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. in the amount of$ which is fifty percent(50%)of the estimated cost of the work. Such
security ispresented inthe form ot -----
Cauh.certifiedoheck.mcashieraoheck
_2 . Acceptable corporate surety bond. - .
Acceptable irrevocable letter ofcredit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor ormaterials hothem orbzthe Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervilsors and upon request of the Subdivider,the amount
ueouhUemmaybenaducedinaucurdancee#h084'4.4O6and§g4'4.4O8ofihaOndinanoeCode.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider 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 96-4.6,"Acceptance",of the Ordinance Code. Subdivider 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 ESTABLISHMENT WORK. Subdivider 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. At
the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider 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 Subdivisi n If, t any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvem €4s prove to be inadequate in any
respect, Subdivider 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 of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor 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.
8. INDEMNITY: Subdivider 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 liabilltieg protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions defined below, and including personal injury,death,property damage,inverse condemnation,or any combination of
these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said
improvement plans or accepted the work as complete,and including the defense of any sult(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 Subdivider,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: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
14. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider 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 Subdivider 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.
Subdivider hereby consents to entry on the subdivision 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,Subdivider agrees to pay all costs incurred by the County,even if
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs Incurred in completing or maintaining the
work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if
Subdivider 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,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 Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map Dr-Parcel Map for said
Subdivision.
:kwlap
GAGrpDaWEngSvc%&avatGata Ranch Phase 218683(N11)18683 Landscape impr.Agreement.doc
Rev.May 18.2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
it
State of California
ss.
Countyof `•��. }
On before me,
Crate Name and"title of Officer(e.g."Jana Pobk-
personally appeared � -4-
Name(s)of Signer(s)
ersonatly known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)-Ware
" ; - subscribed to the within instrument and
. WCE T KRUSE acknowledged to me that*etftsYthey executed
Corot Uuion* )314697 r the same in 44siihw/their authorized
' 1400MY Pubkc-C rnb capacity(ies), and that by *sAwltheir
MVC.SarA County signature(s) on the instrument the person(s), or
' � the entity upon behalf of which the person(s)
acted, executed the instrument.
rVVITNESS my hand andel official at. !
Signature of Notary Public
{
OPTIONAL
Though the WormAtion below is not required bylaw,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document �
Title or Type of Documents
Document Date: Number of Pages }
Signer(s)Other Than blamed Above:
Capacity(les)Claimed by Signer
Signer's Name:
,ndividual ") C' Top of thumb here
Corporate Officer—Title(s):
❑ Partner—El Limited ❑General
G Attomey-in-Fact
C Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402 Chatsworth,CA 913132402•i~,naeonalnotary.org Prod No.5907 Reorder:Call Toli-Free 1.800-876-6827
C.V{Jt,4i i ur 1,.ur4ixA l-%jaiA
DEPOSIT PERMIT '-3
OFFICE L COUNTY AL)DTOR-CO14TRriiLEp
}
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
Irl
t r
(Far Cash Collection Procedures see County Adnunistrator's Bulletin 105.)
DESCRIPTION FUM/ORCs S uM TASK OPTION ACTIVITY AMOUNT
CCt
t. f j,t '
e t f. ..�i #t.. r t" /�,�',��+;.•-•Y.t t i•t�{'''✓ �'+`, ;;%'L--�. .�+ _ t r 1 "`2
�t� )� 17 ''} �L;�FT f � �������� '' l'r'-�-t'.f•�/�� .�,,;)r� I{.,ice".)
..�.� �' 4'i r`?'.,,, f `T ?' ?' ..:i`7 i "f r .✓' +" �.": f •�V:i-•.1 +3'r '":.+" f; f} _ 7
fy; 7
ti2
.C.37i
_
1,311
IIIX
r
EXPLANATION: � / TOTAL $ i
t DEPOSIT
"7
Deposit consists of the following item
- "'t' € f c COIN and CURRENCY , f-
7' / r ,a l } :;~ 17 . CHECKS,MD ETC. S 1d }� '=r
BANK DEPOSITS $
f ry
FOR AUDITOR-CO TROLLER USE ONLY
1,71
DEPOSIT
PERMIT DP-
7
DATE
ASSIGNED
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.
$igriett rs
—L---'.?r f - Date
Signed: '
Title:,u i. .. t !J,,J'.! }E,X7 `{ �/' Deputy County Audits Deputy County Treasurer
D-34 REV.(7-93)
0649-9665 / 831000: 61122368, $6,010.00, PA 0012, Landscape
Improvement Plan Review, Shapell Industries of Northern California, 100 N.
Milpitas Blvd. Po Box 361169, Milpitas, CA, 95035
0649-9665 / 831000: G1122370, $9.800.00, Sub 8683,- Landscape
Inspection Deposit, Shapell Industries of Northern Calif 6rnia, 100 N.
Milpitas Blvd. Po Box 361163, Milpitas, CA, 95035 '*
0649-9665 / 831000: G1122372, $6,780.00, DA 0032, Improvement Plan
Review, Windemere BLC Land Company LLC, 3130 Crow Canyon► # 310, San
Ramon, CA 94583
0649-9665 / 831000: G1122375, Spencer Construction Company, 1104
Dennis Ct., Rodeo, CA 94572
$2,215.00, Improvement Plan Review Deposit
$500.00, COA Compliance Check
0648-9140 / 812100: G1122300, $5,460.00 BW DA 104 Reg., City of
Brentwood, 708 Third Ave, Brentwood, CA 94513
8198-0800: G1122370, $1.400.00, Sub 8683, Landscape Cash Bond, Shapely
Industries of Northern California, 100 N. Milpitas Blvd. Po Box 361169,
Milpitas, CA, 95035
_1111. _........ ....__.. ._... _.._. ....... . ........ ........ ........ .
Subdivision: 8683,Nelgtortaod 11,Cornerstone,Cafe Ranch if
Bred No.: 929299651
Premium: $1,044.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREENIENT '
(Performance, Guarantee, and Payment)
(California Government Code Sections 56462 and 66463)
1. RECITAL OF SUBUTyIsIoN AGREEMENT: The Principal has executed an agreement with the County to install
andapay for public right of way landscaping, and other related improvements in Subdivision
8MB ,Netghbtarhot�d 11,
c'nMhrSt" cal-Rnnrh n as specified in the Subdivision Agreement (Right of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), 0 in accordance with State and local laws and rulings thereunder in order to satisfy conditions
for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: Shaoell Industries of Northam California 6 Divi ion of Shapeft Industries. lnr...a Delaware Carra,as pfinc4*and
National dire Insurance Comfy of Hatiford ,a corporation organized existing under the laws
of the State of CT , and authorized to transact surety business in California,
as Surety,hereby,jointly and severally bind ourselves,our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: One Hundred Thirty Nine Thousand Two Hundred Dollars and 00/1.30
Dollars ($ 139,200.00 1 for itself or any city assignee under the above County
Subdivision Agreement,phis
B. Payment: Seventy Thousand Three Hundred Dollars and 00/100
Dollars($ 70,300.00 )to secure the claims to which reference is made in Title
XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. CONDITION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,
his or its heirs,executors,administrators, successors or assigns, shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on is or its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
...........................................................-......................................................................................................................................I.........................................................................................................
As part of the obligation secured hereby and in addition to the face amount specified therefore, there
.shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfiffly 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!T performance
.'gloyed in the
of the aforesaid agreement and referred to in the aforesaid Civil Codetrmaterials furnished or labor
thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein above
set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by
County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons, companies and corporations entitled to file claim under Title 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby
given to make such alteration without further notice to or consent by Surety;and the Surety hereby
waives the provisions of California Civil Code Section 2819, and holds itself bound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on December 15, 2003
Shapell Industries of Northern California,A
PRINCIPAL:Division of Shapell Industries,Inc.,a Delaware Corp. SURETY: National Fire Insurance Company of Hartfprd
Address: 100 North Milpitas Boulevard Address: 5820 Canoga Avenue, Suite 200
City: Milpitas 95035 City:Woodland Hills zip 91367
By: 13 y:
J.
Print Nan-&: I�EZ 2/e/7L 1 '.-C e' Print Name. Pamela L. Stocks
Title: Attorney-in-Fact
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