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Home My WebLink AboutMINUTES - 03042003 - C6-C10 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on March 4, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE DISTRICT III SEAT VACANT ABSTAIN: NONE RESOLUTION NO.2003/ 15p SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 8563, Sari Ramon(Dougherty Valley)area. (District 111) The following document was presented for Board approval this date for Subdivision 8563 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. So:cw I hereby certify that this is a true and correct copy of an Originator: Public Works 8563 BO-16.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-1-0a-04 ATTESTED:-_-- MARCH 04. 2003 Shapell Industries of Northern California Sam Worden&Steve savage JOHN SWEETEN,Clerk of the Board of Supervisors and 100 North Milpitas Blvd. County Administrator Milpitas,CA 95035 National Fire Insurance Company of Hartford Pamela L.Stocks 5820 Canoga Avenue,Suite 200 Woodland Hills,CA 91367 By_-- ,Deputy RESOLUTION NO.2003/150 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 8563, San Ramon(Dougherty Valley)area. (District III) DATE: March 4, 2003 PAGE: 2 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: $2,900.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: DP 398256, December 31, 2002 II. Surety Bored Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 190775313,December 19, 2002 Performance Amount: $282,400.00 Labor&Materials Amount: $142,650.00 Principal: Sh :pell Industries of Northern California 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. 2003/150 suobIVISION AGREEMENT (Right of Way Landscapir ) (Government Code§66462.and§66463) Subdivision: $56 /Gale Ranch It,NBHD 261Galiely Effective Date: � 2 (73 Lots) Subdivider: Shageli_Ingf stries of Nigthern California, Completion Period: 1 year A Div$sion of Sbagalltridustries, Inc, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: Maurice M. Shiu, Public Works Director ShaDell Industries of Northern California, A a Divisiongf Shgpell'Industries,Inc. 4 (print name tie) OMMENDED FOR APPROVAL: + - Y P � �.�-�'>_ V P rvl -. By. (signature) ' Engineering Services,g ision A (print nama a tit FORM APPROVED: Victor J. Westman,County Counsels SSS (NOTE:Aft signatures to be acknowledged. It Subdivider is incorporated, signatures must conform with thedesignated representative groups pursuant to Corporations Code§313.) 1. PARTIES_& DATE, Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Co, untY,*and the above-mentioned ivider,mutually promise and agree as follows concerning this subdivision 2. IMPROVEk4ENT S, Subdivider 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 subdMsion 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 agood 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 govem. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§664499,and the County Orrdinance code,provide as security to the County- A. For Performance and Guarantee: cash,plus additional security, in the amount of$:1�which together total one hundred percent(100%)of the estimated cost o the work. Such additional security is presented In the orm o: Cash,certified check or cashiers check. X Acceptable corporate surety bond. v Acceptable Irrevocable letter of credit. With this security,the Subdivider 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. Fran, Pavmen-. Security in the amount of$142150 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check, or cashier's cheat X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code, 4. GUARANTEE AND WARRANT i OF WORK. Subdivider guarantees that said wjrk 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. system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road 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 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, 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 liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury, death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before 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 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, 10. 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 falls 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 or Parcel Map for said Subdivision. :kw lap GAGrpDatatEn9Svc\S1ava%Ga1e Ranch\E563\8563 AG-30A doe Rev.May 16,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On 1 c z 2- before me, t'ia Data _ Name and Title of Officer(e.g.,"Jane Doe,Notary 2.6ajel personally appeared " l Name($)of Signer(s) _ Xpersonally known to me JANICE T.KRUSE ❑ proved to me on the basis of satisfactory Corrintfssion#f:1318697 evidence Notary Pubfiic-Calftm!R _ Suras Clare County Ir to be the person(s) whose name(s)-4&/are 3 f4 Coffm E*ms Aug 24,2t)#35 subscribed to the within instrument and acknowledged to me that be,Ae#hey executed a, n.F#.15E the same in I�Herftheir authorized s;amrtxs s��r RUSE 7 capacity(ies), and that by erltheir z Notary uta;z:-California signature(s)on the instrument the person(s), or Santa C, rs County the entity upon behalf of which the person(s) tr :n. ?i ftj24,2W5 acted,executed the instrument. WCo TNESS my hand and officia seal. Signature of Notary Public OP NAL Though the information below is not required by law,it may prove v le to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document i _ Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: { s Capacity(ies) Claimed by Signer Signer's Name: ❑ individual Top of thumb here " c rporate Officer—1 itle(s): S ❑ Partner—❑Limited CI General IJ Attomey-in-Fact ❑ Trustee x, .' ❑ Guardian or Conservator n ❑ Other: Signer Is Representing: :�) ��- r 9 —r-, 1 �j C_ 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.rrationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-B00-876-6$27 COUNTY OF CONTRA COSTA DEPOSIT PERMIT � OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM E' ORGANIZATION NUMBER i�Lb),-� 'V- (For Cash Collection Procedures see County Administrator's Bulletin 145.) DESCRIPTION FUND/ORG. SUB' FTASKOPTION ACTIVITY AMOUNT ACCT. $ # c,. AMA 5-S-31113 ) , E R _ E� 3 i l # f ' 1 oc # # # E EXf, ANATK3N: E TOTAL $ i l � DEPOSIT ' Deposit consists of the following terns s vcs G _ > COIN and CURRENCY $ _ ( t } CHECKS,M.O,ETC. $ "I CG) iw e !! ( f Y t l! BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DNUMSERP V0:1 DATE '° t� } i,'1 ✓ i I J r�` v c ,� 2 ASSIONED � r c � The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit intope County T sury acknowledged. Ssgned:I(1M'?°„/ AfY Date (. Signed: Signed: 'r� .. Tiile.f{ Jj � EXL "� ( aunty,A di Deputy County Treasurer D_34 REV.{7-931' i (� t 000649-9665 / 831000: 61108980, $25.000.00, SUB 85037 Major Subdivision Improvement Pian Review Deposit, Windemere SLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 831000: 61108982, $500,00, RS 2742 Record of Survey Map Check pee, DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville,CA 94526 000649-9665 / 831000: 61108984, $16,300.00, SUB 8563 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61148985, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 $14.300.00, SUB 8564 Landscape Improvement Pian Review $26,600.00, SUB 8564 Landscape Improvement Inspection' 000649-9665 / 831000: 61108986, $32.400.00, SUB 8631 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61108987, $28,300.00, PA 0011 Landscape Improvement Inspection, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 000649-9665 / 831000: 61108989, $500.00, RS 2743 Record of Survey Map Check Pee, Bellecci & Associates, Inc., 2290 Diamond Blvd., Suite 100, Concord,CA 94520 819800-0800: 61108983, 3 100.00, SUB 7744 Cash Bond Guarantee of Performance, DeSilva Gates Construction, PO Box 2909, Dublin, CA 94568 819800.0800: 611€ 8984; $2,900. , SUB 8563 Cash Bond, Shapell Industries of Northern California; 104 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 819800-0800: 61108985, $5,100.00, SUB 8564 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 819800-0800: 61108986, $6,400.00, SUB 8631 Cash Bond, Shapely Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 819800-0800: 61108987, 5 300.00, PA 0011 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 Subdivision: 8563,Neighborhood 2A l Gallery Bond No.: 190775313 Premium: $1,412.00 Gale Ranch II, 73 Lots IMPROVEMENTSECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RECITAL,OF Suppyisioiti AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision 8563,na,rbpad 2A 1 CaIIP as specified in the Subdivision Agreement (Right of Way Landscaping), and to �� nr P g ( g y complete said work within the tine specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. hapeli Industries of Northern California, A 2. OBLIGATION: Division of Shapell Industries, Inc., a Delaware Corp. ,as Principal,and Natignal Fire 113,jurance Company of Hartford ,a corporation organized existing under the laws of the State of CT and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: Two Hundred Eighty Two Thousand Pour Hundred Dollars and 00/100 Dollars($ 282,400.00 ) for itself or any city assignee under the above County Subdivision Agreement, plus B. Payments One Hundred Forty Two Thousand Six Hundred Fifty dollars and 00/100 Dollars($ 142,650.00 7 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. ........................................-..... 1.1111.11,11,1111,...............I...1.11,11,11111, . . ........................... .................. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held 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 agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in 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 claims under Title 15 (comniencing 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 19, 2002 Shapell Industries of Northern California,A PRINCIPAL: Division of Shapell Industries, Inc.,a Delaware Corp. SURETY: National Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 5820 Canoga Avenue, Suite 200 Milpitas Zit): 95035 Zip: 91367 City: (.�"ty:Woodlanck Hills By: —7X Print Name. Print Name: Pamela L. Stocks Title: t P ra" 0 S 61 - Title: Attorney-in-Fact Title: Ws�, .................... ...............- POWER OF ATTO"EY APPOINTING INDIVIDUAL A.-4'011NEY-IN-FACT Know All Men By These Pmsents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American casualty Company of Reading,Pennsylvania(herein called"the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seats herein affixed hereby make,constitute and appoint Pamela L.Stacks,Beverly A.Hall,Sandra V.Hanner, Individually Of Sherman Oaks,California their true and lawful Attorneys)-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 --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 Ely-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 3rd day of August,2001. ' d Continental Casualty Company ►++�rar National Fire Insurance Company of Hartford c American Casualty Company of Reading,Pennsylvania Bill ?847 .� � ♦ r�� Michael Gengler Group Vice President State of Illinois,County of Cook,ss: On this 3rd day of August,2001,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say:that he resides in the Cityof Chicago,State of Illinois,that he is a Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described in and which executed the above instrument that he knows the seals of said 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. iiiiNiiiitiM�NN1 i!#i►N •OMWIAL ti AL* OLVA FlkltJ XNER MM11y/YYMn M N lI&wf� i My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney herein above set forth is still:in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the r e ehereof is still in fence. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporations this 9M clay of 2002 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania W-AL rn ' (Rev.1/23/01) Mary A.Rlblkawskis Assistant Secretary .Authorizing By-Laws and Resoiutidt s 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,shalt have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or 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 17th day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate sir executed and sealed shall,with respect to any band 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 Vl-Execution of Obligations and Appointment of Attorney-In-Fact Section 2.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act In behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-In-fact,subject to the limitations set forth in their respective certificates of authority,shall have fun 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 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." 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 seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company ata meeting duly caned and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,1993 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 LOS ANGELES On December 18 2002 before me, Sandy 1 anner - Notary Public Date NAME, TITLE OF OFFICER.,"JANE 006.NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) { ) personalty known to me-OR - (._.._) proved to me on the basis of satisfactory evidence to be the person(s) whose name(4 ishuntsubscribed to the within instrument and acknowledged to me that Wshe/jW executed the same in hWherltsic authorized capacity and that by PAN/her/MW signature(s) on the instrument the person(.), or the entity upon behalf of which the person{30 acted, executed the instrument. SANDY HANKERWITNE,! my hared an t seal. Commission*1382157 Wary Public-CaftMISSIGNATURE OF NOTARY Loa Angeles County My Comm.Expires Jtd 2,2i�ti3 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) {r ) 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 Insurance Comt)anv of Hartford SIGNER(S)OTHER THAN NAMED ABOVE Gr8742f1-B CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �r�S:��"_}ow^uGl Iba'8..�"b? 4' '� ?:T', \3 h? '•IY.3Yea.N��a'ES]LA Yzt '..3e115 ��+4y1v�1� '�,t�_;� 1 State of California �+ County of C'L A ss. On �� before me, .date -�^ Name and 7Nle of Officer(e.g.,"Jane Doe,Not N� personally appeared _ —J � - `'�5 - L-Name(s)of Signer($) ersonaliy known to me proved to me on the basis of satisfactory evidence S to be the person(s) whose name(s) -rsfare subscribed to the within instrument and acknowledged to me that-#ef~hey executed }, the same in 44/iher/their authorized JANICE T,KRUSE capacity(les), and that by 4+4fAlw/their Commission#1318657 signature(s)on the instrument the person(s), or Notary Public-California the entity upon behalf of which the person(s) Santa Clara County acted, executed the instrument. *YC*M.EVI"38Aug24,2W5 FWITNESS my hand and ficial Zea., �. Signature of Notary Public k 1 TION Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent y fraudulent removal and reattachment of this form to another document. r Description of Attached Document Title or Type of Document: .- L(V\ -:' �+~ ' y` 1 � Document Date: Number of Pages: Signer($)Other Than Named Above: ._ Capacity(les) Claimed by Signer Signer's Name: El Individual ) Top of fnu Here orporate OfPlcer—Title(s): ❑ Partner---❑ Limited ❑General 11 Attorney-in-Fact rJ Trustee ❑ Guardian or Conservator 7 Other: _ t Signer Is Representing 0 1949 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chaiswcrth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Cali Toil-Fee 1.800-876-8827 7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on March 4, 2403,by the following vote: AYES: SUPERVISORS GIOIA, UILKE14A, GLOVER AND DESAULNIE,R NOES: NONE DISTRICT 1II SEAT VACANT ABSTAIN: NONE RESOLUTION NO, 2003/ 151 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8553,being developed by Shapell Industries of Northern California, a Division of Shapell Industries,Inc., San Ramon(Dougherty Valley) area. (District III) The following documents were presented for Board approval this date I. Map The final map of Subdivision 8563,property located in the San Ramon(Dougherty Valley)area,Supervisorial District III,said map having been certified by the proper officials. H. Subdivision Agreement A subdivision agreement with Shapell Industries of Northern California, a Division of Shapell Industries, Inc.,principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: T hereby certify that this is a true and correct copy of an action Conta ct: Teri Rie(313-2236363) en anereon originator-Public Works taken entered the minutes of the Board of Supervisors Conta sG:cw on the date shown. G:`,GrpData\EngSvc\BO\200313-04-03\SUB 8563 130-21.doc cc: Public Works—T.Bell,Construction Current Planning,Conmrurnty Developtnent T-1-04-03 MARCH {} Shapell Industries ofNorthemCalifornia ATTESTED: , 2003 Sam Wordeu&Steve Savage JOHN SWEETEN Clerk of the Board of Supervisors and P.O.Box 361169 ' p 100 North Milpitas Blvd. County Administrator Milpitas,CA 95035 National Fire Insurance Courpany of Hartford CNA Plaza Chicago,IL 60685 National Fire Insurance Company of Hartford By e Deputy Pamela Stocks 5820 Canoga Avenue,Suite 200 Woodland Hills,CA 91367 RESOLUTION NO.2003/ 151 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8563, being developed by Shapell Industries of Northern California, a Division of Shapell Industries,Inc., San Ramon(Dougherty Valley) area. (District III) DATE: March 4,2003 PAGE: 2 A. Cash Blind Performance amount: $23,700 Auditor's Deposit Permit No. 397647 Date: December 18, 2002 Submitted by: Shapell Industries of Northern California, a Division of Shapell Industries,Inc. Tax ID Number: 95-2578030 B. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number: 1907752.77 Date: December 12, 2002 Performance Amount: $2,347,100 Labor&Materials Amount: $1,185,400 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 2002-2003 tax lien has been paid in full and the 2003-2004 tax lien,which became a lien on the first day of January 2003,is estimated to be$102,600,with security guaranteeing payment of said tax lien as follows: « Tax Surety Bond Company: National Fire Insurance Company of Hartford Bond Number: 190775411 Date: January 21,2003 Amount: $102,600 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: I. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/151 SUBDMSION AGREEMENT (Government Code§66462 and§66463) Subdivision: SUB.8563 J 2A PrincipaI: Shapell Industries of Northern California, a division of Sha lep l Indus9do,Ing. Effective Date: Completion Period- 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: C- QN—TjA COM Ct IJNTY I'R NC__1'A;L Maurice M.Shia,Public Works Director Shapell Industries of Northern California, a division of Shapell Industries,Inc. y � K (P+iat rdu5�e�tiik) QMM NDED FOR APPROVAL -'x"12.0 La—, 12- P co, -. k S t 1 :rc_r Engineering Services vi ion (Prw no=&ti ) ` FORM APPROVED: Victor 1.Westman,County Counsel (NOTE: All,signatures to be acknowledged.If Prindpal is hicorporat�;signatures must conform with the designated representative groups pursuant to Corporations Code §313.) 1. PARTQ&DATE, Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned Principal,mutually promise and agree as fellows concerning this subdivision: 2. 1MPW\?EMEI PS. 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 We with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manmer,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_SELURITY, 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 ,srgWtee: $.23 70 cash,plus additional security,in the amount:$1347,10 which together total one hundred percent(140%)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:$1185.440,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The'li bi ides protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due,all the costs of the work,including 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. 11. 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. RLMlad r3AGrpData\FmgSvc\S1avalGalo RaudA8563\AG-30.doc Rev. October 25,2001 ...................................................................................................................._...._.._.....-_..-... _. _._ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County ofd „ a On before me, Dat. Name and Title of Officer(e.g.,"Jane Doa,Notary Public') personally appeared t . 71\,kef�Z1 DG-P—4- fY\k1!W_ C,.e S-1 f'('#`At. Name(s)of Signers) personally known to me ❑ proved to me on the basis of satisfactory evidence 5 to be the person(s) whose name(s).iefare subscribed to the within instrument and acknowledged to me that#gel h hey executed the same in 44A"iYtheir authorized capacity(ies), and that by 4isHterltheir 3RNlCE KRUSE signature(s) on the instrument the person(s),or Notary uCommission-1alftrni' the entity upon behalf of which the person(s) ld�ry Public-Datifarnia S` Santa Clara County acted, executed the instrument. My Cam.IEWme Aug 24,2W6 ITNESS my hand and official seal .i Signature of Notary Public I � 5 /Yl'! Though the information below is not reported by law,it may prove va uabte to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: S�Lt 0 t S t ts� i 9:��rhe�✓i �� , Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Sign acne: ivldual Top of thuri b here Corporate Officer—Title(s): S k � C_ ii 1 Partner—I-,Limited ❑General ❑ Attorney-in-Fact Trustee 1 Guardian or Conservator Other: Signer Is Representing: u__ C-.> ��'�?��'`��b,_ v 1.v� •vim- s� ' .-,.::� 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•vrww.nationalnotary.org Prod.No.5907 vReorder:Cail Toll-Free 1-800-876.6827 O� tit ,A EVI m n m < ^ lct4s Ilk, 9 " ai 36 "AS rice 1 44 t" aYN C%'� �s�� Yn Tr a �a 08 tXA M �j x �� yx� t5�, LIl � ti✓ Q Z Z CO Sf tl ^'idl ��i3tss 'v n p�n Y Z > ` 3R.. b m 41Wt.4NY:tYUMt\4lrNUlAMP'S�LJMSPN+WPiYv4.WfNl19L )iVtlpY.tlF{i� `Yw� # �� r'y�� f��tyyt p� "ca�z w�'srrr'r�z� w crq•��y'}, �b y��uyi w PIMa X cz pt�� cry gmyysnti '_. .{yry.1'��* >y i 70 Ogg �r- 0 z. � x80 �J cs <y fjfj � cAp Z � m p O � tg 8 tcy� Com ' // ��+, f-,C'�S N ,�R tr +y. 8�m Fri 8 ZyyyyyyD��f7 � N;n z LR MR. ti R Ts >W y x y$Z 4 -p z C Al OmY } Ln �Q�f3 y N MIR j pp A lj�q 9 'a I v ml q g m� or a egggg V > > a l!a�.,wm a. as w w Cy7wv-^ �� Sett w OS CSA. 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";nes.onso�:r, i.,n"'s�. .. », `s' k " 3URw�Nt °a: N0475,04 p t t cv Y? it y p`t tib ' 2d RJ y pJw i �V NTsyT • ol P Pe nrorroaof, f 4aar 77 sc2 1 4p� _ ti y � � .......... s aisyT .. „�A,,, � „„ye, � cl Q �� t 4"pTr tri !— c3 rA£ T• �`�� 1~ ” 4 y X40 88 225J� t w a«� "t/� i r�yf '� ch �s� � �(J,2I•`",.,- �'Y r" ,Y -� t * Cq � �� <f �= 7 �" '�' icy `-� r.•-.Cpl �e`� �� j t4krTsyT, �+ 8 war ',p- 14 Aw C9 r J y txr 2 ; ITS°S2frp" rs yc�• OZ � o i o tv 52co r . y X1909 2 r., 8m 11.31 + i G\L1t Vr6W%iF iVk�/sO.Mt `itlli)N4}�1: /"[ r O 4.. 3�1 � � 1 ��yy��fa {n-w}.�a£si_____.. �•t�.r3sa°'v � ��rgt r r� Iz 14 dt ' .Sr• r! '`'2' t- w4 4 fig + Cr Z5 44. n3 r°y 141 r 50# p " j tj N047 1(JY:,51' SEE SHAV 8 III o a 5? ' i iyzcr t ^* 1 t� A LI1 i i .� � �� c PitaSON Ln ERA tRs$ `�' v -1 .CDc y •"f € `3 r co "� � ZSR v or € nmz m I ........................ Vl to� Va VYa•f1�J14+VW1f1 x DEPOW PERMIT L. FILE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER -____-- lorga i-" (For Cosh Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB' TASK OPTION ACTIVITY AMOUNT ACCT. $ 11 0101 l - x A,)72�) cd t E Vit:- V �`�iri1• ��.,� J t f. /`r �t� V s EXP TION: TOTAL $ �- DEPOSIT } i L 33 R- Deposit consists of the following items COIN and CURRENCY $ t✓ CHECKS,A O,ETC. BANK DEPOSITS $ j FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT { f PERMIT CSP 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 deposit into he County asury acknowledged. r s Date N .Y..1 ._..�. ,,. Sign@�.. , � Tttles� tfXT. `r; Deputy County Auditor Deputy Count Treasurer o-saRev. s It `ter j.AZi t I J .......''I''..,.............................................................................................................................. ............................................................................................. ....................... PP000649-9665 831000- 61108976, $9,260.00, SUB 8133 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1108977, $85,100.00, SUB 8564 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1108977, $42,100,00, SUB 8564 Performance Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 3611691 Milpitas, CA 95035 819800-0800. G1108978, $,23,700.00, SUB 8563 Performance Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 SubdivisioIl. 8563 2/A Bond No.: 190775277 Premium: $11,736.00 Neighborhood/Gallery,72 Lots,Gale Ranch 11 IMPROVEMENT SECURITY BOND FOR SUBDIVIsioN AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL of SuppiyISIoN AGREEMENT: Tbe Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision`8563 2/A as specified in the Subdivision Agreement, and to complete said work within the time specified for completion in the Subdivision Agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. Shapell Industries of Northern California,A 2. OBLIGATION: Division of Shapell Industries, Inc.,a Delaware Corp. as Principal,and National l=ire Insurance Company of Hartford ,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: Two Million Three Hundred Forty Seven A. Performance and Guarantee: Thousand One Hundred Dollars and 00/100 ($2,347,100,00 for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: One Million One Hundred e=ighty Five Thousand Four Hundred Dollars and 00/100 Dollars ($ $1,185,400.00 ) to secure the claims to which reference is made in Title XV (comrnencing 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, 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 ft ll force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held 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 agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in 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 claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns m any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without 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 12, 2002 Shapell Industries of Northern California,A PRINCIPAL: Division of Shapell Industries,Inc.,a Delaware Corp. SURETY: National Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 5820 Canoga Avenue, Suite 200 City: Milpitas Zip: 95035 City: Woodland Hills Zip: 91367Jy _J Print Name: 131-`0 C-- Print Name: Pamela L. Stocks 5s 1ST iKJ A \1 Title: 'Title: Attorney-in-Fact By: Print: Name: :mw \\PWSI1SIIt1,L2DATA\(3 pDataT,ngSvc\Fcnme\BN WORD\BN-12.doc Rev 7iuiel'2 1Q9S - ._.................................................................................................................................................................................... POWER OF ATTC1"EY APPOINTING INDIVIDUAL A. . ORNEY-IN-FACT Know All Men Ry These Presents,That Continental Casualty Company,National Fire insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(herein called'the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and Mate of Illinois,and that they do by virtue of the signatures and seats herein affixed hereby make,constitute and appoint Pamela L.Stocks Beverly A Hall Sandra V Danner Individually Of Sherman Oaks,California their true and lawful Attorney(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 simtiaf 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. Thus Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 3rd day of August,2001. !y cr dMOi� Continental Casualty Company �rar ,,�cpcep National Fire Insurance Company of Hartford a= . As American Casualty Company of Reading,Pennsylvania SEAL Michael Cengler Group Vice President State of Illinois,County of Cook,ss: On this 3rd day of August,2001.before me personally came Michael Gengler to me known,who,being by me duly sworn;did depose and say:that he resides in the City of Chicago,State of Illinois;that,he is a Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hertford,and American Casualty Company of Reading.Pennsylvania 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 dame thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. ••Ni O`ri7VR'fi'p�+q*.. Yliii/l+ . Me&FAWNER now V ho ws+►+rates»w�rw��+�i+++►*�+►►+r�+a+�` My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force.in testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 12th day of gc=br 2U 2 01D ticstrJt,�, Continental Casualty Company National t=ire Insurance Company of Hartford 0 SEAL V, Q—t?t a CP American Casualty Company of Reading.Pennsylvania mt m. • Mary A.Ribikawskis Assistant Secretary (Rev. 1/23101) At thorizing By-Laws and Resoiutiaris 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 duty 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 thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attomey-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seat 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 shalt be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shalt,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 Vl ---Executfon 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 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 thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duty called and held on the 171h 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,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-Iii-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 Attonley-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,1993 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 seated,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 On december 12 2002 before me, Sandy Banner - Notary Public Date NAME, TITLE OF OFFICER., "JANE DOE,NOTARY PUBLIC" personally appeared Pamela L. Stocks NAMES) OF SIGNER(S) {x) personalty known to me-OR - (.......) proved to me on the basis of satisfactory evidence to be the person(a) whose name(4 is/Aimubscribed to the within instrument and acknowledged to me that ( she&M executed the same in bdWher/ttn'itc authorized capacityosaa and that by KWherA signature(s) on the instrument the person(11), or the entity upon behalf of which the person(so acted, executed the instrument. t, "XeMiKANNIER WITNES. my hand and offlcia seal. SANDCommission s 1362157 Notary Public-Cana Los Angeles County SIGNATURE OF NOTARY�� My Comm.Expires Jul 2,2006 OPTIONAL Though the data below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (i ) INDIVIDUAL 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 Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 0401426-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On c, before me, l- Dae Name and Title of Officer(e.g.,"Jane Doe,Notary Public'^ personally appeared fl\N-12� _ H - Name(s)of Signer(s) personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -+s/are subscribed to the within instrument and acknowledged to me that A�they executed the same in hi~their authorized ®� capacity(ies), and that by Jxaff•ten'their JANME T KRUS signature(s)on the instrument the person(s), or Cermmission#1318697 Z the entity upon behalf of which the person(s) S Notary Public-Caiifamia y; acted, executed the instrument. z Saf tst Clam County MyQm,p AW24."l= ITNESS my hand and offi ' -seat. I 0Z Signature of Notary Public OP � Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent r fraudulent removal and reattachment of this form to another document. Description of Attached Document r Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: '' jdividual Tap of thumb here Corporate Officer—Title(s): f ��; b I:I Partner—1 Limited ❑General J Attorney-in-Fact El Trustee f ❑ Guardian or Conservator �. ❑ Other: ; Signer Is Representing: 0 1999 National Notary Association+9350 Do Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No-5907 Reorder:CO Tolf-Free 1-800.876.6827 110103 FATCO$33 85 3 Tax Collector's office Will J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 P.O.Sox 631 (�/^� } Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 CO U nl Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor 'i r� - Date: 119/2003 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that i have examined the map of the proposed subdivision entitled: Tract I MS# city T.R.A. 8563 SAM RAMON 66405 Parcel#: 206-040-002-1 206-040-004-7 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2002-2003 tax lien has been paid in full. Our estimate of the 2003-2004 tax lien, which became a lien on the first day of January, 2003 is $102,600.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is _ The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax Collector By. elf /7 PRINCIPAL IM COW—AM EMU Shapetl industries of Northern California,A National Fire Division of Shaped Industries,Inc.,a DelawareFirst American Title Co. Insurance Compa of Hartford 100 North Milgltas Boulevard 1355 Widow Wav,#1Q1 CNA Plaza' Milleitas Concord Chicago CA 95035 California 94520 IL 60685 Attn: Sam Worden Attn: Barbara Pinto Attn: Bond Department 408-946-1550 925-356-7025 ql% - -713 " BOND NO. 190775411 PREMIUM-' $513.00 BONI)AGAINST TAXES KNOW ALL MEN BY THESE PRBSENTS: Shaped Industries of Northern California,A THAT [Division of Sha ll Industries tnc. a Delaware Coro. as Principal and (Surety) NaUGnal Fire IMUL013Qg QMQ013y gf Haafgrd a corporation organized and existing=.der the laws of the Su to of _ CT and autheixed to tracteac,t suety business in Cal ornia as surety am held and firlinly txaunci unto the CCA-Mty a Ccxttra Costa, State of California,itt the penal stun of One Hundred Two Thousand Six Hundred Dollars and 00/100 ..._)Dollars (, 11�2A,02, A< ,to be paid to surd Cowatty of Vitra Costa,for thxe payment of which will and truly I*made,we and each of us bind cxtrselves,our heirs,executes,administratm and successes,jointly and severally.firmly by dxw presents. Sealed'vAth our Seats and dated this 21st clay of January - 2003 . The conditions of the agave obligation is such that WHEREAS,the above bomded principal is about to file a rnsp entitled Tract$ 4 _ LQ1§)AA§31(ViJ1i5Q0gP'rA54 Lois) and covering a atabd vision of a tract ofland In said County of Contrtt Costa, and diirre are raertabi liens for taxes and special assesarnmts collected as taxes,against the said tray of lamd covered by said tap,which tastes and special sssewments collected as taxes,are not as yet due or payable. Shapell Industries of Northern California,A NOW, THEREFORE,if the said Division of Shap2il Industries Inc. a Delaware Cor . shall pay all of taxes and special assesslt acts collerAed as Mixes which are a lien against said tract of land covered by said map,at the time of khe filing of said num of said tract,tbea this obligaUon shall be void and of no effect,Otherwise it sT fall r&nain Ori full force Land effect. shapell industries of Northern California,A Division of Shaped Industries,Inc.,a Delaware Corp. (Approved Stamp) By. / • M rie A. Cook Assistant V.P. Principal (Attach Acknowledgement by Princilml) National Fire insurance Comany of/Hartford (Attach AAAstowlcadgetnant f By` by surety) DATE. ifta _ Marie A. Cook Surety BOND R16VIXWBD AND APPROVED Attlortrney-in-Fact CONTRA OOSTA tX3UN'TY TRJR LLNCTOR 3-P &�'1 zt2 BY: f POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know m Men By These Presents,That CONTINENTAL CASUALTY COMPANY,ars Illinois corporation,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania <•. corix>rat€on(herein collectively called"the CCS Surety Companies*),are duly organized and exis=ting corporations having their principal offices in the City of Chicago,and State of iffinois, and that they do by virtue of the signature and seals herein affixed hereby make,aonstitute and appoint Marie A.Conk,lndividual€ Of Mil ties,California their true and lawful Attomey(s)win-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts- and to bind them thereby as fully and to the same;;fano as If such instruments were signed by a duly authorized officer of their' corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is trade and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as indicated,by the Boards of Directors of the corporations. in Wit wss Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be Hereto affixed on this 98th day of June 1988 CONTINENTAL CASUALTY COMPANY C*foovoxArt ' °° NATIONAL FIRE INSURANCE COMPANY OF HARTFORD a `� AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA „r Marvin J.Cashion Group Vice President State of Illinois,County of Cook,ss: On this I ath day of Jury 1958 ,before me personally came Marvin J. Cashion,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 Croup Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY Of READING,PENNSYLVANIA described in and which executed the above instrument that he knows the seals of said corporations;that The seals offxed to the said instrument are such corporate seats;that they were so afted pursuant to authority ority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant is"authority,and acknowledges same to be the act and deed of said corporations. AS, NO Co.. My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE I,Mary A.Ribikswsks,Assent Secretary of CONTINENTAL CASUALTY COMPANY;NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the Icy-La+ar and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force:in testimony whereof I have hersunto subscribed my name and affixed the seals of the said corporations this_9 1 cr• day of i 7f1f1 CONTINENTAL CASUALTY COMPANY ct�'o 4'r '�^ � e►° "0' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA COW*" t7 SEAL Marg A. Ribikawsk€s Assistant Secretary (Rev.t 0/9/9?) SS. qtr►_ Jan ttary 21,2GO3 before me, personally known to me (ca pvw�� s' to be the personal whose nary e4 is/ak subscribed to the with.In instrT.rrrrerrt and arkntawledged to me that WlaheltVy executed the-.ime in hX/her/tlr r authorized .w.+►..�w �......�...�.. capac.tty(iPd)I and that by tw&-/herlthora-slgnartureA on the DENISE t. CRISTiANO histrctment the person(o.or the entity upon behalf of which Commission#1296216 Notary Public-California (fie person acted,executed the Instniment. Contra Costa County lu4y Ctxttrn.�Mtx`a 'U1ilTKE,SS my hand and official seal. signature ��'� t✓ "� ��',^. �� t.'� Yl tiai T h&a n?a.trta-Of ckil nkat arki Seal OPTIONAL Though the data below Is not required by law,it may prove valuable to persons relying on the document attd Could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT" U] INDIVIDUAL 1 CORPORATE OFFICER FFrt..t' ...._ __.......__..._.._..._......._..._......__..._ TITLE OF TYPE OF DOCUMENT I PARTNER(S) 0 LIMITED (� ATTORNEY-IN-FACT _.._..__._.____... NUMBER OF F'A(:xES TRUSTEE(S) D GUARDIAN/CONSERVATOR OTNER: _. ._.._...___.w_. ...... ,....__............._._..._._....., DATE OF DOCUMENT SIGNER IS REPRESENTING: National Fire lnsu nce Coma Ql.d__ SIGNER(S)OTHERT14AN NAMED ABOVE WORI fUW,st94 AI.I.-Pl,IRPOSE ACKNOWLEDGEMENT THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY;CALIFORNIA Adopted this Resolution on March 4, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE DIST :ICP III SEAT VACAIVT ABSTAIN: NONE RESOLUTION NO.2003/ 1-92 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8564,being developed by Shapell Industries of Northern California, a Division of Shapell Industries,Inc., San Ramon(Dougherty Valley) area. (District H) The following documents were presented for Board approval this date I. Map The final map of Subdivision 8564,property located in the San Ramon(Dougherty Valley)area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Shapell Industries of Northern:California, a Division of Shapell Industries, Inc.,principal,whereby said principal agrees to complete all improvements as required in said subdivision agreement within;one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: Originator:Public Warks(ES) I hereby certify that this is a true and correct copy of an action Contact: Teri Pie(313-2363) taken and entered on the minutes of the Board of Supervisors SG.cW on the date shown. G:\GrpData\EngSvc1H012003�3-04-03LSIM 8564 BO-21.doc CC Public Works—T.Bell,Construction Current Planning,Convnunity beveloinnent 03 ShapellInd ATTESTED: MARCH 04, 2003, Sha Ii Industries ofNortharn California Sam Worden&Stene savage JOHN SWEETEN,Clerk of the Board of Supervisors and PD.Box 361169 p loo North Milpitas Blvd. County Administrator Milpitas,CA 95035 National Fire IWWaace ConVany of Hartford Pamela Stocks 5820 Camp Avenue,Suite 200 Woodland Bills,CA 91367 By Deputy National Fire Insurance Company of Hartford F CNA Plaza Chicago,II,60685 RESOLUTION NO.2003/_ 152 . . ......... ......... .... ... _. ......_ .... .. .. ... ... ... SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: S.UB.8564 Principal: Shapell Industries of Northern California, a division of Shapell Industries,Inc. Effective Date. i Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director Shapell Industries of Northern California, a division of Shapell Industries,Inc. # RES OMMENDED FOR APP1tOVAL (Prue tame&atte> 'k.X VP f 0 t V,S a tai�J' q 6 12 z �.. �'��t'tl�-�+� V'- f�• -�r��S moi.`�t�.�. r By: ($ignatum) Engineering S rvicisi (Pdt,t name title) FORM APPROVED: Victor 7. estman,Conn Counsel (NOTE: All signatures to be acknowledged.If Principalis inc t �' &� Ste• corporatcrd,signatiues mtfst�; conform with the designated representative groups pursuant to Corporations Cade §313.) I. PARTIES A DATE,Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENT'S. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,streetlights, fire hydrants,landscaping and;such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as required by the California Subdivision Map act(Goverment Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and ina.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. RAPROVEMENT S €IRITY. 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: $42.100 cash,plus additional security,in the amount:$4,163,500 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 Payment: Security in the amount,$2 IU, 2.800,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. ... ......... ......... ......... ..... .._. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special 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 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. 16. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. 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. RLM:1W G:IGrpDwa%Eag8vc1S3avAGak Rench\856418564 AG-3640c Rev. October 25,2061 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 1 C ss. On 1 CC) �'-�-- before me, i Data Hama and Title of Officer(e.g.,".tans Doe,Notarti'f'ubtk"} V""�t mp personally appeared v. _=—._� ' ;�\ Name(s)of Signefis) ' personally known to me F proved to me on the basis of satisfactory evidence 7° to be the person(s) whose names)Mare subscribed to the within instrument and acknowledged to me that-0�they executed the same in h#sftter6their authorized capacity(ies), and that by *~their JANIGE signature(s)on the instrument the person(s)I or Commissson1318597 the entity upon behalf of which the person(s) Notary Public-California acted, executed the instrument. Santa Clara County MyC+ r'tl 80%aAuV24,20Wj ITNESS my hand and officio seal. Signatur-4V Notary Public L Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: , Document Date:_ Number of Pages; Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer s Signer's Name: Individual Top of thumb here 9f; ><Corporate officer—Title(s): S ky i Cl Partner—[]Limited :General Ll Attorney-in-Fact ❑ Trustee 71 Guardian or Conservator C] Other: —. X. Signer Is Representing: 0 1999 National Notary Assoolation•9350 De Soto Ave.,P.O,Sox 2402 Chatsworth,CA 91313.2402www.nationalnafary.org Prod.No.5907 Reorder:Cad Tod,Free 1-800.676-6627 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8564, being developed by Shapell Industries of Northern California, a Division of Shapell Industries,Inc., San Ramon(Daugherty Valley) area. (District III) DATE: March 4, 2003 PAGE: 2 A. Cash Band Performance amount: $42,100 Auditor's Deposit Permit No. 397647 Date: December 18,2002 Submitted by: Shapell Industries of Northern California, a Division of Shapell Industries, Inc. Tax ID Number: 95-2578030 B. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number: 190775280 Date: December 12, 2002 Performance Amount: $4,163,500 Labor&Materials Amount: $2,102,800 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc. M. 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 2002-2003 tax lien has been paid in full and the 2003-2004 tax lien,which became a lien on the first day of January 2003,is estimated to be$102600,with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: National Fire Insurance Company of Hartford Bond Number: 190775411 Date: January 21, 2003 Amount: $102,600 Principal: Shapell Industries of Northern California, a Division of Shapell Industries,Inc. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does notaccept or reject on behalf of the public any of the streets, paths, or easementsshown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/152 i d d Ci t -o-av Oc 1� r co 00L# t sl OBTrs r "'pppx Owsx ` t OR SMS'w i71 Y� �x �J � �A ci NWcc''O , tJ Cui y 4 zi iU wY 'm° oda txi3t 13 Y V`ryOdy1 Y 1�� ^L}? f3 Jil ,ateISE Olt -,, �E � t W. 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Zn1 S tp to.v On 6t -•-On'£9 - _Wp9__ -tS"L£ }gOlgfBALiN "4 g0'08 ...__ 3.g£,gLbLfN .VANa AM om � .gad � ��'��pif 3. ,BtL�Y� � ,189 :r �S£"0!z _ 996 69 .6S�i��y S 19'S*-7 _ 10'nf fiJl'c.tZN o �` LfN .�� SZ,,d £tl�v L oie tnl tZN ' to K-69 3 9£ } w{ v { 1Z38 ;OL 96 t 1p BsrLk0. ) �.,t8't£- - L9`LS--� _:-•,nt85_.� _-,nt95•-_ ____.-.- o,� S i �i L9'L5 Ot 95 0t 85 4Y'09 v4 w t as0 ZN t0 tZN 3 YOL tZx 3 05 9t 6fN Lt'lJl �v ty;'�"' { � :, ,' 4W 2'• N O � �w"'�'.ryyp�'a r��y,` g rte'i' +moi x+•'1.5 M DEPOSIT PERMIT "OFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA �. RECEIVED FROM lOrgantmganl ORGANIZATION NUMBER ( C- �<S� (For Cash Collection Procedures see County Administrator's Bunetin 105.) DESCRIPTION FUND/Otte SUB. *r ACCT TASK OPTION ACTIVITY AMOUNT Al n. � } Y ,- P4 YC t �• 000 �• IM ' �' of"• .. L IrxP TION: r tr Depost#consists of the fo cawing items � CC3tN and C1IRRENCY $ �'` �., BANK DEPOSITS l`t 9/) L t FOR AUDITOR---:: RG?I.LER USE ONLY DEPOSIT NUMBER DATE The amount of mo ASSIGNED Trey described above is for Treasurer's racedpt of.dbove amount is approved. Receipt of � deposit data he County sury, p above amount is Hereby "wed ..' I acknowledged. Da i Titter _rt �t Srgfred: > ,� LlwX7 �• D-34 REY, Deputy County Auditor 3 Deputy Count Treasurer el IA �� 000649-9665 9665 ,l 831000: 61108976, $9,260.00, SUB 8133 landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 1831000: G1108977, $85,100.00, SUB 8564 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800; G1108977, $42,1030 .00, SUB 8564 Performance'>Cash Bond, t Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Bax L--3.61169, Milpitas, CA 95035 819800-0800. G1108978, $23,700.00, SUB 8563 Performance Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box r 361169, Milpitas, CA 95035 i d Subdivision: 85s4 Bond No.: 19077UBO Premium: $20,818.00 Neighborhood$/Coronado, 147 Lots,Gale Ranch t# IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code H 66499 - 66499.10) 1. RECITAL OF SUBDIVI6ION AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision 8564 as specified in the Subdivision Agreement, and to complete said work within the time specified for completion in the Subdivision Agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. Shapell Industries of Northern California,A 2. OBLIGATION: Div ision of Shapell Industries,Inc.,a Delaware Corp. as Principal,and National Fire Insurance Company of Hartford 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: Four Million One Hundred Sixty Three Thousand Five Hundred Dollars and 00/100 A. Performance and Guarantee: ($4y163,500.00 )for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Two Million One Hundred Two Thousand Eight Hundred Dollars and 001100 Dollars ($ $2,102,800.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 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, 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 became null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. ......... _ B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held 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 agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in 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 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 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 12, 2002 Shapell Industries of Northern California,A PRINCIPAL: Division of Shapell industries, Inc.,a Delaware Corp. SURETY: National Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 5820 Canoga Avenue, Suite 200 City: Milpitas Zip: 95035 City: Woodland Hills Zip: 91367 By: eTiyv� �-c �..r By: �Y � .�I� 'C./5!Z/C)6 �: Print Name: Pamela L. Stocks Print Name: _ _ _-_ SSiS . J3 Title V r Title: Attorney-in-Fact B y r 7 -^ TWI :MW 77V4 \1PWSI\SFFARDATA\apData\£ngSvc\Foms1BN WCt USN-2 doc 1� t POWER OF ATTO"EY APPOINTING INDIVIDUAL A. .ORNEY-IN-FACT Know All men By These Presents,That continental Casualty Company,National Fire insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(herein called"the CNA Companies"),are duty 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 seats herein affixed hereby make,constitute and appoint Pamela L Stocks Beverly A.Hall Sandra V.Hanner individually _ of Sherman Oaks,California their true and IaWu-I Attorneys)-in-Fact with full power and authority hereby conferred to sign,sent and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature ---In Unlimited Amounts�— and to bind them thereby as fully and to the same extent as if such instruments were signed by a duty authgrized officer of their corporations and all the arts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seats to be hereto affixed on this 3rd day of August,2001. Continental Casualty Company raut� National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania PAY It SEAL �r Michael Cengler Croup Vice President State of Illinois,County of Cook,ss: On this 3rd day of August,2001,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described in and which executed the above 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. t.s.s....s.s..ss.sss....s..+ , OFFUNA.8ekV www trWirir.•era at w,.i. rgMils!/9Tl7i • .s«s+sssa srw++.N 'tot My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,National hire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney herein above set forth is stili 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 seat of the said corporations this 12th day of L7ecnber . to ��` tA• Continental Casualty Company National Fire insurance Company of Hartford s American Casualty Company of Reading,Pennsylvania r, low . Mary A.Ribikawskis Assistant Secretary (Rev. 1/23101') ......... ......... _ _................. _ ......... ......... ......._. .. ... ....... ._. ... ..._. kuthorizing By-Laws and Resolutidtfis 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 thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such 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 seated 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 ENNSYLVANIAThis 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-#act 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 attomey--in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duty called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 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 seat 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,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 Attomey-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 duty called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 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 LOS ANGELES On December 12, 2002 before me, Sandy 11anner _ Notary Public Date NAME, TITLE OF OFFICER„ 'JANE DOE, NOTARY PUBLIC- personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) (2L) personally known to me -OR - (—) proved to me on the basis of satisfactory evidence to be the person(a) whose name(*is/Amoubscribed to the within instrument and acknowledged to me that buleshe/1W executed the same in hir/her/ltalc authorized capacity(i , and that by NWher/ k signature(&) on the instrument the person(), or the entity up tn behalf of which the person(;} acted, executed the instrument. SANDY HAa WITNE my hand and o ffal seal. Commission 1362157 qkMy Notary Public-C +ttuaLos Angeles CcfumY SIt3 TUBE OF NOTARY Comm,Expires Jul 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 (X) ATTORNEY-IN-FACT NUMBER OF PACES (__ } TRUSTEE(S) (_. ) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426-e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California (' ss. County of On before me, � ice. LA 3 Date Name and Title of Officer(e.g.,"Jane Doe,Notary publie personally appeared Name(s)of St'ner(s) rsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4sare subscribed to the within instrument and •� ��.�. _..��, acknowledged to me that-hefs#°relthey executed JANICF T KRUSE � the same in We ltheir authorized � Co►nrrmion#1318097 capacity(ies), and that by *isif t /their Notary Public-Califomia signature(s)on the instrument the person(s), or Sarna Clara County the entity upon behalf of which the person(s) YC�trtnl.�Aug2*4,2 9 W acted, executed the instrument. #TNESS my handand of iciai deal. Signature of Notary Public AL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 11*1�\ Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: �61101.MY Roil 2 ❑ Individual ` Top of thumb here Corporate Officer—Tittle(s): P� p s oS 1 �1 \ • FN C's t S: C' C Partner—❑ Limited ❑General ❑ Attorney-in-Fact 1_1 Trustee 11 Guardian or Conservator ❑ Other: j Signer Is Representing: r CE 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 9!313-2402 wvrw.natlonalnotary.org Prod.No.5907 Reorder:Cal Toll-Pres 1-800.876-6827 7 ' ' ' 1:91103 FATCO$33 8.&fi Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.o.Box 631 (f�'"``' {{.. Russell V.Watts Martinez,California 94553- Costa Chief geputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor t Date: 142003 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/MS# City T.R.A. 8664 SAM RAMON 66405 Parcel#: 206-040-002-1 206-040-004-7 and have determined from the official tax records that there are no unpaid County',taxes heretofore levied on the property included in the map. The 24012-2003 tax lien has been paid in full. Our estimate of the 2003-2004 tax lien, Which became a lien on the first day of January, 2003 is $102,600.00 This tract is not subject to a 1915 Act Bond. If subject to a 1815 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax Collector By: "- - ......... . ..... .. ..... .... EM+CIPr*iL � Al�l7� 919FTY Shaped Industries of Northern Califorrva,A National Fire t hvision of Shapell Industries,Inc.,a Delaware First American Title Co. Insurance Company of Hartford 100 North bllilpitas_Boul2vard 13-55.Wiliaw Way.#101 CNA Plaza Milpitas Concord Chicago CA 95035 Califomia 94520 IL 60685 Attn: Sam Worden Attn: Barbara Pinto Attn: Bond'Department 408-946-1550 925-356-7025 -713 - BOND NO. 190775411 PREENYI I $513.00 BONI)AGAINST TAXFS KNOW ALL MEN BY 7EMSE PRESENTS; Shapell Industries of Northern California,A THAT €ivision of Shapell Industries Inc. a Delaware Coro. as pdcipal and (Surety) National E=ire InAgrALloe Cgm2any pf Hartfgrd a corloraktu organized and 6xisd ug under the laws of the Stene of_ [ and authorized to transact,stuff hisiness in Cali Ornia as surety are held and firmly End into the County of Comm Costa, State of Califbmla,in the penal sumtdone Hundred Two Thousand Six Hundred Dollars and 001100 Dollars to be paid to said.County of Con tm Costa,fru&6 payment W whicti:will and truly be made,we and each of us bind cx,trselves,our heirs,executors,to rdaistrators and successors,jointly and severally,firnAy by these presents. Sealed'vnth our Seals and dated this 21st day of January 2003 . Thr o didons of th=adol on is such that WHEREAS,the above bounded princi is brut to file a snap eattitfed Tra7 and covering a subdivision:of a tract of laird in said County of Contra Costa,and thea~are canain Betts far taxes and special ass+esarrmts c olketed as takes,.against the said tract of hand cowed by said trap,wtich takes and special assessments collected as texts,erre not as yet due or payable. Shapely Industries of Northern California,A NOW, THEREFORE,if the said Division of Shapell Industries.Inc.,a Delaware Cord shall pay all of taxes sn,d special assessments+colloct+ed as taxes which are a lien against said tract of land covered try said map,at this time Of the filing of said njap of said tract,then this obligation shall be void and of'no effect,oth€rwise it sttrsll rertri its hill force and effect. Shapell industries of Northern California,A (Approved StaEt'ns) Division of Shapell Industries,Inc.,a Delaware Corp. By. M rie A. Cook Assistant V.P. Principal (Attach Ackmawledgement by Principal) National Fire insurance Compan of Hartford (Attach A c)mowledgernmt by;suety} BY. DATE: C Marie A. Cook _ Surety BOND REVIEWID AND APPROVED Attorney-in-Fact CONTRA COSTA COUNTY TREA Uk `dA 4LLECTOR 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,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania cc.r#ioration(herein collectively called"tire CCC Surety Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seats herein affixed hereby make,constitute and appoint Marie A. Cook, Individually of Milpitas, Cwifomia their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is trade and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted, as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 18th day of June 1998 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA > JKILY 3t. +. Alazt*$ t qtr L. t� er lag? � � � • Marvin J.Cashion Group Vice President Slate of Illinois, County of Cook,ss: On this 18th day of June 1998 ,before me personally came Marvin J.Cashion,to me known,who,being by me duly sworn,did depose and say;that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seats;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. N Jo 140TARY PUSUC Goy` My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE 1, Mary A Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL.FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in farce. In testimony whereof,I have hereunto subscribed my name and affixed the seats of the said corporations this 7 7 t day of Jan ary . ,20f)l G�su� scup CONTINENTAL CASUALTY COMPANY .MVV 4jY $ � �` , NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA SEAL roto 3G /' 1897 Mary A. Ribikawskis Assistant Secretary Rev.1011197) _..._..... _.. ......... ......... _................................. __._.. ... .._. ..... ......... _..._............ ......... 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 attomeys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by*heir signature and execution of any such instruments and to attach the seat of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any 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 17th day of February, 1993. 'Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company.' kDOPTED 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 W--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 attorneysein-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assisfiant 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 attached,continue to be valid and binding on the Company." DOPTED 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 seat 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 Attomey-in-Fact' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and heli on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board,of Directors on February 17, 1998 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." S'fATE UP. ! 1C� Cf)UN'1'Y UF 1� ..0 r . S5. OTT .ianusrr 21. 2003 before me, personally kriown to me sal&4te c, .to be the personW whase narne(t) is/alb subscribed to the within Instrument acid.acknowledged to me t1tat. /she/t)l_y executed the same in I-Vi/herlth,9fr authorized -- capacity(i?'). acid that.by Yslherlthh fr si.bynatureA on the DENISE L CRiSTIANO tura�.�f, Commission# 1296216 entity f r behalf of whish 1r35tt`Erraierit the }?E.iSi3Yr��,or thel'rf, it upon Notary PUbiIG-Gfliitt7fY�1t3 +y the i'Jf�rstta{ "j acted,executed the tr'►sizumf rrt. Contra Crista County 10MyCornm.5q*ftMar5.2C1t75 WN'NESS my hand and official seal. Signature 'I"1iE3 tr.rwkr•C)!"t�rurl Noraa-1:e1 Seal OPTIONAL Though the data below Is not required by law,it may prove valuable to persons relying can the document acid could prevent fraudulent reattachment of this farm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE. OFFIC,EFd -- TIT'i_E OF TYPE OF DOC UMl:.NT Cil PARTNER(S) 0 LIMITED 0 GENERAL [ fil- ORNEY IN-FAC1 ._..__...__... _ NUMBER OF PAGES fi I TRUSTEE(S) EliARDIAi+31'CONSt.RVAI.OR ..� EITHER: DATE OF DOCUMENT SIGNER IS REPRESENTING. National Fire Insurance ComtSanv of Harlfcsf.d__— SIGNER(S)OTHER T14AN NAMED ABOVE Ire-OPM Rev.619,; AL1.-P''1.7RPOSE ACKNOWLEDGEMENT THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 4, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE DISTRICT III SEDT VACANT ABSTAIN: NONE RESOLUTION NO. 2003/ 153 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 8564, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval this date for Subdivision 8564 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. So:c,v I hereby certify that this is a truce and correct copy of an Originator.Engslic WorktoES oa o3\stB 8564 go-16.aoc 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-1-04-0`t ATTESTED: MARCH 04, 2Q03 Shapell Industries of Northern California Sam Worden&Steve savage JOHN SWEETEN,Clerk of the Board of Supervisors and 100 North Milpitas Blvd. CountyAdministrator Milpitas,CA 95035 National Fire Insurance Company of Hartford Pamela L.Stocks 5820 Canoga Avenue,Suite 200 Woodland Hills,CA 91367 By 'Deputy RESOLUTION NO.2003/ 153 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 8564, San Ramon(Dougherty Valley)area. (District III) DATE: March 4, 2003 PAGE: 2 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. Casa .Deposit Deposit Amount: $5,100.00 Deposit made by: Shapell Industries of Northern.California Auditor's Deposit Permit No. and Date: DP 398256,December 31, 2002 11. Surety Bond Bond Company: National Fire Insurance Company of Hartford. Bond Number and Date: 190775294,December 19,2002 Performance Amount: $507,700.00 Labor&Materials Amount: $256,400.00 Principal: Shapell Industries of Northern California NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of- Way Right-ofWay Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 20031153 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: 85641Ga1e Ranch It, NBHD A/Coronado Effective Date: (147 Lots) Subdivider: Shaaef! Industries of Northern California, Completion Period: 1 year A 7iyision of Shapeii Industries, Inc. THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: Maurice M. Shiu, Public Works Director Shapell industries of Northern California. A Division of Shagell Industries, Inc. ��6xi� f _ L±XLii� {print nsrrts ) 1�' ct 5e-- COMMENDED FOR APPROV Vm C-mac... v C t+rt ,ii 1 tt vt By: (signature) Engineering Services Divisi �, (print name a tits ) iv\ctl�_ FORM APPROVED: Victor J. Westman, 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. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Sttbdiv er,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEfvl NTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements, signs, street lights, hydrants, landscaping, and such other Improvements (including appurtenant equipment) as required in the improvement plaits 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 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 SgCURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. . For Performance and Quarantee: $5 100 cash,plus additional security,in the amount of$507,7() which together total one hundred percent(100%)of the estimated;costo 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,the Subdivider 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$256,4fI0,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. - Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily fora 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. system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road 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 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, 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 liabilities protected against are any liability or claim for damage of any.kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage, inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement pians 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 wilful 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. 10. 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 Countys 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 or Parcel Map for said Subdivision. :kw:lap G:1Grp0ata\EngSvc\S1ava\Ga1a Ranch\856418564 AG-30A.doc Rev.May 18,2001 ....... ............. _.. . ...... ...... _...... ........ .......... ........... _._...... ......... ....... .. . _ ........ ............ ._._..... _....._.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Co un of ?Ui 'g (. . - c ss. On- before V 2 me, -®3 4, 5 Date Name and"'a of Officer(e.g.,"Jane Doe,NotarylPub!io personally appeared C �-t,s l4)&e� (''t1'4,�K t z 5"i Names)of Signer(s) ,personally known to me ❑ proved to me on the basis of satisfactory evidence t. to be the person(s) whose name(s) +flare subscribed to the within instrument and acknowledged to me that gefs4e4they executed JANICE T.�� the same in !/their authorized Comrniasian#i1gg97 capacity(ies), and that by f�isrer/their z Notary Public-Catiforrmla signature(s)on the instrument the person(s), or Santa Clara County the entity upon behalf of which the person(s) MYCcutMEXph aAug24,ltfQiS acted, executed the instrument. TNESS my hand and offici seal. Signature of Notary Public op � Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document � Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 011F.M41 In �1 rvidUal ` � \ i [� t� � Top of thumb here Corporate Officer—Titie(s): ,f w t ! T is'i =I artner—❑ Limited ❑General D Attorney-in-Fact C Trustee El Guardian or Conservator ❑ Other: --c—' Signer Is Representing: C— a 1999 National Notary Association•5350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org J Prod.No,5907 Reardar.Caft Tori-Frea 1-80o-876-6827 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM _ ORGANIZATION NUMBER 00 t�1 {far Cosh Collection Procedures see County Administrator's Bulletin 101) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT _30 95131 ' f Y(W k_v IVIIF�s ��-3 ►% t Lb 31i , O l � �` r s C 0c) i fit i i f i i i i i EXPLA11111 NATION:fill TOTAL $ �. t 0 f DEPOSIT i 0 Deposit consists of the following items , K } COIN and CURRENCY $ t -•1 i A174/1 J t 1! V } \ al C r CHECKS,M.Ct.,ETC. $1 1�" BANK DEPOSITS $FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT f! r C t O._,, ,. TY 7 PERMIT 3P L U#sCvi }.l � C� NUMBER �D ` X), AAs5 GNED `3 '02 The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby dep sit int1oa, County T sury. acknowledged. Signed: LL( C}at4" : 3 / ---—W— 7 f Signed: r t Signed t ,TTitle:&J- ' r} {j L/ EXT. , - '`n DeputV aunty A di Deputy County Treasurer D-34 REV.(7-93), t1 000649-9665 J 831000: 61108980, $25,000.00, SUB 8507 Major Subdivision Improvement Plan Review Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Raman,CA 94583 000649-9665 J 831000: 61108982, $500.00, RS 2742 Record of Survey Map Check Fee, beBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, CA 94526 000649.9665 / 831000: 61108984, 116.300.00, SUB 8563 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 J 831000: 61108985, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas,CA 95035 $14.300.00, SUB 8564 Landscape Improvement Plan Review $26,600,00, SUB 8564 Landscape Improvement Inspection' 000649-9665 / 831000: 61108986, $32,400.00, SUB 8631 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 J 831000: 61108987, 128.300.00, PA 0011 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 J 831000: 61108989, $500.00, RS 2743 Record of Survey Map Check Fee, Bellecci 4 Associates, Inc., 2290 Diamond Blvd., Suite 100,Concord,CA 94520 819800-0800: 61108983, $3,100,00, SUB 7744 Cash Bond Guarantee of Performance, DeSilva Gates Construction, PO Box 2909, Dublin, CA 94568 819800-0800: 61108984, 2,900.00, SUB 8563 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 813800.0800*.61108985, 15,1211 #, SUB 8564 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169,Milpitas,CA 95035 819800-0800: 61108986, $6,400.00, SUB 8631 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 819800-0800: G1108987, $5,500.00, PA 0011 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 Subdivision: 8564, Neighborhood 81 Coronado Bond No.: 190775294 Premium: $2,539.00 Gale Ranch It, 147 Lots Il WROVENMNT SECURITY BOND FOR P't.TBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RFciTAL oF SI&DiVISIoN.AGREEMENT: The Principal has executed an agreement with the County to install and pad for public right of way landscaping, and other related improvements in Subdivision 564,NejO= 0ghbovhood f as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. Shapell Industries of Northern California,A 2. OBLIGATION: Division of Shapell Industries, Inc., a Delaware Corp. ,asPrir>cipal,and National RM Ins Trance Company of Hartford , a corporation organized emoting'under the laws of the State of CT , and authorized to transact surety business in California., as Surety,hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: Fire Hundred Seven Thousand Seven Hundred Dollars and 00/100 Dollars($ 507,700.90 for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Two Hundred Fifty Six Thousand Four Hundred Dollars and 00/100 Dollars ($ 256,400.00 )to secure the claim to which reference is matte 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 Rept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County;of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. _... _.. ....... . . ... ......... ...._............_ As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held 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 agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in 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 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 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 19, 2002 Shapell Industries of Northern California,A PRINCIPAL:Division of Shapell industries,Inc.,a Delaware Corp. SURETY: National Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard Address; 5820 Canoga Avenue, Suite 200 City: Milpitas Zip; 95035 (City:Wood an Hills Zip: 91367 By: _-71x1 - �7 - � G'f Print Name: i l�U 1 %l) & Print Name: Pamela L. Stacks Title: ti` ; " `s` ( Title: Attorney-in-Fact \\Pwsa,S1 8 vzwoffnsu% L2ev,Suit17 1999 '° POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,National Fire insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(herein called"the CNA Companies'),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seats herein affixed hereby make,constitute and appoint Pamela L.Stocks Beverly A.Hail Sandra V.Hanner,Individually Of Sherman Maks,California their true and lawful'Attomey(s)-in-Fact with full power and authority hereby conferred to sign;seat and execute for and on their behalf bonds,undertakings and ether obligatory instruments of similar nature —in Unlimited Amounts-4 and to bind them thereby as fully and to the same extent as if such instruments were signed by a duty authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. in Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seats to be hereto affixed on this 3rd day of August,2001 !y . + Continental Casualty Company ro�,tr� sF National Fire Insurance Company of Hartford American Casualty Company of Reading.Pennsylvania ,�r `� ►�; �.- � ,�1�.yam, Michael Gengler Group Vlce President State of Illinois,County of Cook.ss: On this 3rd day of August,;2001,before me personally came Michael Gengter to me known,who.being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described in and which executed the above instrument;that he knows the seats 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. owe j 1Mrar�t�ir♦.flMraf . �'� .� iii f>I CNw *wool ttl 7101 • My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse heroof is still in force.in testimony whereofv aC eehheg�unto subseribed my name a2 affixed the seal of the said corporations this 19th day of DIN? Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania Ji#II. Mary A.Ribikawskis Assistant Secretary (Rev. 1/23/01) 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 I"xecution 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 thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any 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 heli on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may 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%--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 attomey-in-fact." This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-taws,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,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 seat 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 Attomay-in-Fact" This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 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 LOS ANGELES On December 19 2002 before me, Sandy iianner - Notary Public Date NAME, TITLE OF OFFICER„ "JANE DOE,NOTARY PUBLIC" personally appeared P a.me I a L. Stocks NAME(S)OF SIGNER(S) ( ) personally known to me-OR - (—) proved to me on the basis of satisfactory evidence to be the person(s) whose natme(o is Amoubscribed to the within instrument and acknowledged to me that Wshe/jv4t executed the same in War/her/ttwicauthorized capacity(, and that by PAN/hertAw signature(&) on the instrument the person(&), or the entity upon behalf of which the person{30 acted, executed the instrument. SANDYHMNER WITNE11,3A my hand and official seal. Commission#1362187 17 ak Notary Public-Callomis Los Angeles County SIONATURE OF NOTARY My Comm.Expires Jut 2,2W 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 (X) ATTORNEY-IN-FACT (—) TRUSTEE(S) GUARDIAN/CONSERVATOR (_ . ) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING. NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 0-10742" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } State of California (� ss. County of On before me, Date Nan*and Title of Officer(e.g.,'Jane Doe,S2tary public') personally appeared 3 Name(s)of Signer(s) personally known to me ,IANiCE T USE 71 proved to me on the basis of satisfactory Commission#1318687 evidence Notary Public-California Santa Mara County F to be the person(s) whose name(s) +scare MyCorrmE4*wAug3at2l subscribed to the within instrument and acknowledged to me that e/they executed 7 the same in MsAw their authorized ; s� .X._ capacity(ies), and that by h+s/#er�their JANICE T.KRt.S- signature(s)on the instrument the person(s), or Commission#1: 7 the entity upon behalf of which the person(s) Notary Public-^.^ k > iia acted, executed the instrument. r, Santa Clara COU?',ttt MyCortlrn,ftirAu-�,�-4;2omi TNESS my hand and off' cal seal. ! Signature of Notary Public OPTIO Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document _ Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: �❑ Individual /� tg ; Top of'humb here Corporate Officer—Title(s):�T c�S\-,` `t ` - S� t S,_ i ❑ Partner---O Limited ❑General C Attorney-in-Fact C Trustee r Guardian or Conservator Other: Signer Is Representing:�� ®1999 Nationai Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2502•www.nationalnotary.org Prod.No.5907 Reorder:Cal]TcE-F,oe 1.800-876.6827 -,''''I.-.................-.............. ............................... ..... TO: BOARD OF SUPERVISORS Contra FROM. Fire Chief Keith B. Richter Costa Contra Costa County Fire Protection District County DATE: March 4, 2003 4.p it SUBJECT: FIRE DISTRICT PRE-EMPLOYMENT BACKGROUND INVESTIGATION SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Fire Chief, Contra Costa County Fire Protection District, to execute a service contract with Elite Backgrounds Inc. to provide pre-employment background investigation services for the period of March 5, 2003 to June 30, 2004. FISCAL IMPACT: The payment limit of $180,000 will be incorporated into the District's FY 2002-03 and 2003-04 budgets. BACKGROUNDIREASONS FOR RECOMMENDATION: To ensure that fire personnel will be honest, trustworthy and capable in performance of their duties, it is necessary to conduct background investigations of pre-employment candidates. Fire personnel occupy unique positions of public safety and trust. The lives and safety of the public may depend upon reliable performance of emergency duties by fire personnel. Fire personnel have unrestricted access to citizens' homes, businesses and property and that property must be secured and protected. The District requires background investigations to determine that candidates possess the honesty, integrity and dedication to fulfill these responsibilities. CONTINUED ON ATTACHMENT: —YES SIGNATURE- OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE _4e0OROVE OTHER SIGNATURES).-, ACTION OF so MARCH 04, 2QD3----,-- APPROVED AS RECOMMENDED XXOTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XX UNANIMOUS AND CORRECT COPY OF AN ACTION TAKEN (ABSENT—iiONE) AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES:— ABSENT: ABSTAIN:— OF SUPERVISORS ON THE DATE SHOWN. DISTRICT III SFAT VACANT ATTESTED—MARCH 04, 2003 Contact. Web Beadle 930-5573 cc: County Administrator/Rich Seithel JOHN SWEETEN,CLERK OF THE BOARD OF C.C.C. Fire Protection District SUPERVISORS AND COUNTY ADMINISTRATOR, Auditor-Controller General Services By .................. DEPUTY U:\WIB\Pre-EmployBackgroundBordOrdr2-03.docNcj IV intra costa county STANDARD CONTRACT Number standard Form L-I (Purchase of Services-Long Form) Fund/Org#_Z92 0 0 0 7 3 0 0 Revised 2002 Account# 21 n Other# 1. Contra LdenfflsatLon- Department: CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Subject: PRE-EMPLOYMENT CANDIDATE BACKGROUND INVESTIGATION 2. Earties. The County ofContra Costa,California(County),for its Department named above,and the following named Contractor mutually agree and promise as follows: Contractor: ELITE BACKGROUNDS, INC. Capacity. CORPORATION Address: 39680 mission Blvd. and 845 Boltzen Court Fremont, CA 94539 Brentwood, CA 3. laffl. The effective date of this Contract is March 5, 2003 It terminates on June 30, 2004 _unless sooner terminated as provided herein. 4. Payment Lind . County's total payments to Contractor under this Contract shall lnot exceed $ 180,000-. 00 5. Counv's9blizations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference,subject to all the terms and conditions contained or incorporated herein. 6. Contr4etor's QMa Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference,subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions(if any) attached hereto,which are incorporated herein by reference. 8, Pr_ olec . This Contract implements in whole or in part the following described Project the application and approval documents of which are incorporated herein by reference: L-1 (Page 1 of 2) Contra Costa County STANDARD CONTRACT Number Standard Form L-I (Purchase of Services-Long Form) Rervised 2002 I 9. L&01 Autbo i. This Contract is entered into under and subject to the following legal authorities: California Health and Safety Code section 13861 I0. f La ,tum. These signatures attest the parties'agreement hereto: !Q01M OF CQ TRA COS" C-AL OBWA, BOARD OF SUPERVISORS ATTEST. Clerk of the Board of Supervisors 13Y A�d2 &�� — By ChairmanMesignee Deputy CONTRACTO Name of business entity A(ir AM4, � Dame of business entity ."i 1 ,re 46 OF- By By (Signatur f individual or officer) (Si e of individual or officer) (Print name and title A, if applicable) J (Print name and title B, if applicab e) Norte to Contractor~ For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on form L-2. L-1 (Page 2 of 2) Contra Costa County APPROVALS/ACKNOWLEDGNMNT Number Standard Form L-2 (Purchase of Services -Long Form) Revised 2042 } APPROVALS RECOIvI TENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL B y: By --�—�� Designee Deputy 2 APPROVED: COUNTY ADMINISTRATOR By. Desi ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTttA.COSTA ) On r v;y l9 , before me (insert name and title of the officer),personally appeared personally known to me(or proved to eon the basis of sat isfactory evident )to be the person(s)whose name(s) is/are subscribed to the within instrurnent and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, WITNESS MY HAND AND OFFICIAL SEAL. K. cRA638 Comm.#128800638 NOTARY PUBLIC•CAi1RORNIA r Santa Cilia County My Comm.Expires Oct.16,2004 (Seal) Signature ACKNOWLEDGMENT(by Corporation,Partnership,or individual) (Civil Code§11$0) IL,-2 (Page 1 of 1) _. ......... ......... _.. .._..._.. ......... .............._._......................................._...... ..._ ..... . .......... ......... ......... ........ ........ ........ ....... ....... ....... ........ 45�171e� SERVICE PLAN For prospective employees, the Contractor will conduct pre-employment candidate background investigations for the Fire District as follows: • The investigation will consist of 1) a written Personal History Statement and interview and 2) a field investigation. • The initial interview and review of the Personal History Statement shall be documented and subject to verification via polygraph should the Fire District determine to seek this additional investigation. • The field investigation shall include but, not be limited to: Personal verification of required legal documents Personal contact with current and past employers (10-year period) Verification of education, professional qualifications and licenses On-site review of employee personnel records (when available) On-site residence check (within last 3 years) Verification of DMV records (10-year history) Verification of financial records (Trans Union Deport) Verification of criminal history®certain fees may apply Verification of civil history (search of available databases) Verification of military history (if applicable) • The Fire District shall receive a written report on each candidate investigated including findings from written, interview and field inquires. • The investigation shall be completed and the report submitted within 45 calendar days of the assignment by the Fire District. • The contractor must fully conform to all applicable federal and state laws and regulations in the performance of the background investigation, retention of information and reporting to the Fire District. • The investigation is confidential and the information obtained in the investigation and the report is the property of the Fire District. All information must be kept in secured facilities. U:1WIB1PreEmployBackgroundlnvestgGontract2-03.docici PAYMENT PROVISIONS Upon receipt of properly documented invoices approved by the Fire District, the Fire District will pay the Contractor in accordance with the following fee schedule: • Contractor will receive $300 per candidate for the written inquiry and interview. • Contractor will receive $500 per candidate for the field investigation within the local area of a 50 mile radius of Contra Costa County. • Fees for partial field investigations will be pro-rated. • Additional fees for pre-authorized in-person contact outside "local area", will be: $.35 per mile for vehicular travel to/from the point of destination. $40.00 per hour to/from the point of destination. $50.00 per 24-hour period for rental cars. Standard, unrestricted coach airfare (for destinations served by commercial airlines over 150 miles each way). Overnight lodging at reasonable and competitive cost, per receipt. Per diem/out of town fees of$100.00 per day (if required to stay overnight at destination) Destinations outside the contiguous states will be individually negotiated. U:1WIB3 PreEmployBackgroundinvestgContract2-03.docicj Centra Costa County GENERAL CONIl►1'f`ONS Staridard Form L-5 (Purchase of Services-Long Form) Revised 2002 1. Comb=w th Law. Contractor shall be subject to and comply with all applicable federal,state and local laws and regulations with respect to its performance under this Contract,including but not limited to,licensing,employment and purchasing practices;and wages,hours and conditions of employment, including nondiscrimination. 2. In p,ggtion. Contractor's performance,place of business and records pertaining to this Contract are subject to monitoring,inspection,review and audit by authorized representatives of the County,the State of California,and the United States Government. 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County,the State of California,and the United States Government,the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report, for any further period that is required by law;and until all federal/state audits are complete and exceptions resolved for this contract's funding period. Upon request,Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. b. Access to Books and Records of CQutl:aopr.Subcontractor. Pursuant to Section 1861(v)(1)of the Social Security Act,and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract,make available to the County, the Secretary of Health and Human Services, or the Comptroller General, or any of their duly authorized representatives,this Contract and books,documents,and records of Contractor necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cast of $10,000 or more over a twelve-month period,such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract,the subcontractor shall make available to the County, the Secretary, the Comptroller General, or any of their duly authorized representatives,the subcontract and books,documents,and records ofthe subcontractor necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. ReRortini;Requirements. Pursuant to Government Code Section 7550,Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall'apply only if the payment limit under this Contract exceeds $5,000. 5. Termination and Cancellation. a. Written Notice. This Contract may be terminated by either party, in its sole';discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Eailure to Perform. County, upon written notice to Contractor, may immediately terminate this Contract should Contractor fail to performm properly any of its obligations hereunder. In the event of such termination, L-5 (Page 1 of 5) 'Contra Costa County GENERAL,CQNDMONS G c Standard Form L-5 (Purchase of Services-Long Form) Revised 2002 } County may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance shall be deducted from any sum due Contractor under this Contract,without prejudice to County's rights to recover damages. c. Cessation ofFund-in a. Notwithstanding Paragraph 5.a.above,in the event that federal,state,or other non- County funding for this Contract ceases,this Contract is terminated without notice'. b. Entire Aereement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein,no other understanding,oral or otherwise,regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications-for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract,including but not limited to,monitoring,evaluating,auditing,belling,or regulatory changes, may be developed and set forth in a written Informal Agreement between Contractor and County. Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid Contractor as provided herein. Informal Agreements may be approved and signed by the head of the county department for which this Contract is made or its designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by Contractor and the Contra Costa County Board of Supervisors or, after Board approval,by its designee,subject to any required state or federal approval. b. Administrative Amendments. Subject to the Payment Limit,the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by Contractor and the County Administrator (or designee),subject to any required state or federal approval,provided that such administrative amendment may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between County and Contractor concerning the meaning,requirements,or performance of this Contract shall be subject to final written determination by the head of the county department for which this Contract is made, or his designee, or in accordance with the applicable procedures (if any) required by the state or federal government. 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof,this Contract shall be deemed amended to assure conformance with such federal or state requirements. Initials: - L-5 (Page 2 of 5) Contractor County Dept. Contra Costa County GENERAL COMMONS toile Standard Form L-5 (Purchase of Services-Long Form) Revised 2002 )12. Na-Sower by County. Subject to Paragraph 9.(Disputes)of these General Conditions,inspections or approvals, or statements by any officer, agent or employee of County indicating Contractor's performance or any part thereof complies with the requirementsof this Contract, or acceptance of the whole or any part of said performance, or payments therefor,or any combination of these acts,shall not relieve Contractor's obligation to fulfill this Contract as prescribed;nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Suk&ntract and Assignment. This Contract binds the heirs,successors,assigns and representatives ofContractor. Prior written consent of the County Administrator or his designee,subject to any required state or federal approval,is required before the Contractor may enter into subcontracts for any work contemplated under this Contract,or before the Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise. 14. Indfpendent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties ofagent,servant,employee,partnership,joint venture or association. 15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which they know or have reason to know they have a financial interest under California Government Code Sections 87100, et seq., or otherwise. )16. Confideadality. Contractor agrees to comply and to require its officers,partners,associates,agents and employees to comply with all applicable state or federal statutes or regulations respecting confidentiality,including but not limited to,the identity of persons served under this Contract,their records,or services provided them,and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential,and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services,except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. NondiscriminatorXServices. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race,religion, color, national origin, ethnic background,disability, or sexual orientation, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. Contractor shall defend, indemnify, save, and hold harmless County and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole'negligence or sole willful misconduct of County or its officers or employees. Contractor will reimburse County for any expenditures, including reasonable attorneys'fees,County may make by reason of the matters that are the subject of this indemnification,and, .%�Initials: _ - L-5 (Page 3 of 5) Contractor County Dept. ............ 'Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) Revised 2002 f requested by County,will defend any claims or litigation to which this indemnification provision applies at the sole 1cost and expense of Contractor. 19. hsUag . During the entire term of this Contract and any extension or modification thereof,Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability 111surang . For all contracts where the total payment limit of the contract is $500,000 or less, Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property,including the loss of use thereof,arising from each occurrence. Such insurance shal I be endorsed to include County and its officers and employees as additional insureds as to al I services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to County, the state and federal governments, and their officers, agents,and employees,so that other insurance policies held by them or their self-insurance program(s)shall not be required to contribute to any loss covered under Contractor's insurance policy orpolicies. For all contracts where the total payment limit is above$500,000,the aforementioned insurance coverage to be provided by Contractor shall have a minimum combined single limit coverage of$1,000,000,and Contractor shall be required to provide County with a copy of the endorsement making the County an additional insured on all general liability, worker's compensation, and, if applicable, all professional liability insurance policies as required herein no later than the effective date of this Contract. b. Work as' Compensation. Contractor shall provide workers' compensation insurance coverage for its employees. C. CeEffirgate.of louraurce. The Contractor shall provide the County with (a)certificate(s)of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies)or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term ofthis Contract, then Contractor shall provide(a)current certificate(s) of insurance. d. Additional Insurange provisions. The insurance policies provided by Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. 20. Notices. All notices provided for by this Contract shall be in writing and maybe delivered by deposit in the United States mail,postage prepaid. Notices to County shall be addressed to the head of the county department for which this Contract is made. Notices to Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery,except that the effective date of notice to County shall be the date of receipt by the head of the county department for which this Contract is made. 2l. Primaa of general Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions(if any)and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation,implication,or understanding that .ie services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor. _ae Initia s: 4�c_ L-5 (Page 4 of 5) Contractor County ept, Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) Revised 2002 23. ss ss .f3' nt r t. If this Contract results in Contractor having possession of,claim or right to the possession tf land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement oftaxable improvements on tax exempt land(Revenue&'Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to propertytax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code Section 107.5, and waives all rights to further notice or to damages under that or any comparable statute. 24. No..Tbird-Pam Beneftclarles.Notwithstanding mutual recognition that services underthis Contract may provide some aid or assistance to members ofthe County's population,it is not the intention ofeither County or Contractor that such individuals occupy the position of intended third-party beneficiaries ofthe obligations assumed by either party to this Contract. 25. Copyrights and RIs in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent ofthe County Administrator. If any material is subject to copyright, County reserves the right to copyright,and Contractor agrees not to copyright,such material. If the material is copyrighted, County reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish,and use such materials, in whole or in part,and to authorize others to do so. 26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa;County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity,Contractor shall not publicly attribute qualities or lack of qualities to aparticular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior approval ofthe Board of Supervisors. In its County contractor capacity,Contractor shall not participate or appear in any commercially produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement ofthe product by or on behalfofContra Costa County. Notwithstanding the foregoing,Contractor may express its views on products to other contractors,the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. 27. Required Audit. (A) If Contractor is funded by$300,000 or more in federal grant funds in any fiscal year from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A-133. (B)If Contractor is funded by less than $300,000 in federal grant funds in any fiscal year from any source, but such grant imposes specific audit requirements; Contractor shall provide to County an audit conforming to those requirements. (C) If Contractor is funded by less than $300,000 in federal grant funds in any fiscal year from any source,;Contractor is exempt from federal audit requirements for that year, however, Contractor's records must be available for and an audit may be required by, appropriate officials of the federal awarding agency, the General Accounting Office (GAO), the pass- through entity and/or the County. If any such audit is required,Contractor shall provide County with such audit. With respect to the audits specified in(A),(B)and(C)above,Contractor is solely responsible for arranging for the conduct ofthe audit,and for its cost. County may withhold the estimated cost ofthe audit or 10 percent ofthe contract amount, whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 128. Authorization. Contractor,or the representative(s)signing this Contract on behalf of Contractor,represents and warrants that it has full power and authority to enter into this Contract and perform the obligations herein. Initials: L-5 (Page 5 of 5) Contractor County Dept.