HomeMy WebLinkAboutMINUTES - 04012003 - C3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 1, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN. NONE
DTSTRIGT TTT SPAT VArANT RESOLUTION NO. 20031202
SUBJECT: Approve the Drainage Improvement Agreement for Main Branch Alamo Creek
Improvements DA 0016(cross-reference Subdivision 7984)being developed by Shapell
Industries of Northern California, San Ramon(Dougherty Valley) area. (District III)
The following document was presented for Board approval this date for Main Branch Alamo Creek
Improvements(cross-reference Subdivision 7984)drainage acceptance file DA 0016,property located in
the San Ramon(Dougherty Valley) area, Supervisorial District III.
A drainage improvement agreement with Shapell Industries of Northern California, principal,
whereby said principal agrees to complete all improvements,as required in said drainage improvement
agreement, within one year from the date of said agreement. Improvements generally consist of creek
restoration improvements.
Said document was accompanied by security to guarantee the completion of drainage
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action taken and
entered on the minutes of the Board of Supervisors on the date shown.
\C
W
G: APRIL Ol 2003
�c,Pr>ataTngsvc\s � ATTESTED: 9
o�zoo��a-of-osA Dors so-zo.doc
Originator:Public Works(Es) JOHN SWEETEN,Clerk of the Board of Supervisors and County
Contact: T.Ric(313-2353) Administrator
cc: Public Works-T.Bell,Construction
T—2-1-04 l `%
Shapell Industries of Northern California
P.o.Box 351159 By �/ - Deputy
100 North Milpitas Blvd. ,
Milpitas,CA 45035
ATT:Sam Worden&Steve Savage
National Fire Insurance Co.df Hartford
5820 Canoga Ave.,Suite 200
Woodland Hills,CA 91357
RESOLUTION NO.2003/. 202
SUBJECT: Approve the Drainage Improvement Agreement for Main Branch Alamo Creek
Improvements DA 0416(cross-reference Subdivision.7984)being developed by Shapell
Industries of Northern California, San Ramon (Dougherty Valley) area. (District III)
DATE: April 1, 2003
PAGE: 2
I Cash Band
Performance Amount: $16,400.00
Auditor's Deposit Permit No.DP392675 V($8,200.00) Date: September 10,2002
And Deposit Permit No. DP 01427 ($$,2001.00) Date: March 5,2003
Submitted by: Shapell. Industries of Northern California
Taxpayer identification number: 95-2578030
I1': Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929270198, February 24, 2003
Performance Amount: $3,624,930.00
Labor&Materials Amount: $820,650.00
Principal: Shapell Industries ofNorthern California,a Division of Shapell Industries,Inc.
NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2003/202
DRAINAGE IMPROVEMENT AGREEMENT
Subdivision: DA 0016(cross-reference Subdivision 7984) Effective Date:
Developer: Shapell Industries of Northern California, Completion Period: 1 year
a Division of Shapell_Industries,Inc.
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER
Maurice M.Shin,Public Works Director Shapell Industries of Northern California,
a Division of Shapell Industries,Inc.
By:
tPri tt NQ=61 Y '
RECOMMENDED FOR APPROVAL VJ.C. Tcuebridgi
Asst. V.P.
By: (sip—)
Engi,ee'ng Servic ision (Yriat Nam and Title) ark W e s t p h a l
Asst. Secty.
FORM APPROVED: Victor 1.Westman,County Counsel
(NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations CodeS313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon "and the above-named
Developer,mutually promise and agree as follows concerning this acceptance:
2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements 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).
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a
good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County
Ordinance 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.
1 IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County:
A. Far Performance and Guarantee: $16.400 cash,plus additional security,in the amount of$1.624.900 together total one hundred
percent(100%D)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check,or cashier's check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees 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$820,650,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 Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing
labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,
the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and
shall perform satisfactorily for a period of one(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. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
5. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as
promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work
as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever
changes are necessary to accomplish the work as promised,
b. 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 Developer 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.
T INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section:
A. The indemnities benefited 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 proceedings)concerning said liabilities and claims.
C. The actions causing liability are any act or omission (negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them.
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has
prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity.
E. 1. Shapell Industries,Inc.("Shapell")shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa
County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims,
costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising
out of or alleged to arise out of Shapell's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000,by and
between Shapell and Windemere BLC Land Company LLC('BLC")including,without limitation,any claim, cost,loss,liability,damage or other
expense arising out of any action or other proceeding brought by BLC against County or District in connection with any act,approval or other requirement
of County or District in connection with Shapell's activities under the aforementioned Supplement to Cooperation Agreement.
2. Shapell's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the
County or District or any other person;provided,however,that Shapell shall not be required to indemnify,protect,defend or hold County or District
harmless to the extent any claims,losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or
District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The
obligations of Shapell contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance
of improvements by County or District.
8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
9. NON-PERFORMANCE AND COSTS. If Developer fails to complete the work within the time specified in this Agreement,and subsequent
extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to
pay all costs and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately
upon demand.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer
subsequently proceeds to complete the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer
agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds
to complete the work.
10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign
to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights,in accordance to the Dougherty Valley
MOU.
SG:
G:\GtpData\EngSvc\SlavalGale Rawh0A 0016-Main Branch\DA 0016 AG-17.doc
Rev.April 6,2000
'a. - -
...........................................................................................................................................................................................................................................................................................................................
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On before met
_ Date Name and itle of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared C_ _ �.Q 'R P a AL
Name(s)of Slgner(s) yR.'
'K personally known to me
❑ proved to me on the basis of satisfactory
evidence �'
to be the person(s) whose name(s) Mare
subscribed to the within instrument and
: KIMjANSE acknowledged to me that4*Aeheilthey executed
lC °�`� the same in 44A"r/their authorized
�
Commission; 1319697 capacity(ies), and that by NaA"etheir
Nary Public cai'sfo_mis
X signature(s)on the instrument the person(s), or .
er"Claval County
44.-PMy� }� the entity upon behalf of which the person(s)
acted, executed the instrument.
"ITNESS my hand arcd ficial seal
I%
i
Signature of Notary Public
f
VTrOIVAL
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: Rcu—c=m
Document Date: Number of Pages:
Y' y
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
Top of thumb here
' ❑ Individual '
❑ Corporate Officer—Title(s):
'y
[I Partner—❑ Limited 11 General
❑ Attorney-in-Fact
❑ Trustee '
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
>y
01999 Nation!Notary Association.+9350 De Soto Ava..P.O.Box 2402-Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Call Tot!-Free 1.800.876-5827
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
10 THE TREASURER:
RECEIVED FROM
ORGANIZATION NUMBERT -J
'�`. E C t 1,10 O
(For Cash Collection Procedures see County Administrator's Bulletin 305.)
DESCRIPTION FUND/ARG. ACCT. TASK OPTION ACTIVITY AMOUNT
,F�,z
A/ 1560 0634f
DI F_ �4
}
-� ; L )
� 1
OC
EL I VI I I I I
}
l
}
3 }
}
E
i
I
C
E
1
� E
I
}
E
}
i
I
E
E
E
E
E
I
p °f'
i EXPLANATION: } � ' ' TOTAL
DEPOSIT $ •� � EE r
s
r >
Deposit consists of the following it ms _f
COIN and CURRENCY $ 3 r
CHECKS,MD4 ETC.
BANK DEPOSITS $ -FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP� �-
1 NUMBER #
s t Iblitl
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amis hereby /
depo it into the County Treasury, acknowl dged.
Signed: t y i Date!`
Signed ASEgned 5
} ; l t Caunt' itor Deputy County Treasurer
Title: � EXT. ". Y
D-34 REV.(7-93) (� j
-I r
000649-9665 f 831000: 61108201, $6,500.00, TR 8685 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PC Box 361169, Milpitas, CA
95035
000649-9665 / 831004: G1108202, $5_100. TR 8686 Soundwall Inspection Fee, 5hapell
Industries of Northern California, 100 North Milpitas Blvd., PC Box 361169, Milpitas, CA
95035
000682-9752 / 819200: 61093941, $42.000.00, SUB 7984 Road Improvement Fee,
5hapell Industries of Northern California, 100 North Milpitas Blvd., PC Box 361169,
Milpitas, CA 95035
819800-0800: 61093942, $95500.00, DA 0014 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PC Box 361169, Milpitas, CA 95035 --_--_-
,,- _ 819800-0800: G1093943, $8,200.00, DA 0016 Cash Bond, 5hapell Industries of Northern
\-,--,_California, 100 North Milpitas Blvd., PC Box 361169, Milpitas, CA 95035
._-_.....m_._. ._._------
819800-0800: 61093944, 1040.00, DA 0017 Cash Bond, Shopell Industries of Northern
California, 100 North Milpitas Blvd., PC Box 361169, Milpitas, CA 95035
819800-0800: 61093945, $1-000. , TR 8681 Cash Bond, Shapell Industries of Northern
California, 1003 North Milpitas Blvd., PC Box 361169, Milpitas, CA 95035
819800-0800: G1093946, $1,000.00, TR 8682 Cash Bond, Shapes) Industries of Northern
California, 100 North Milpitas Blvd., PC Box 361169, Milpitas, CA 95035
819800-0800: 61093947, 11,000.00, TR 8684 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PC Box 361169, Milpitas, CA 95035
819800-0800: G1093948, $1,000.00, TR 8631 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PC Box 361169, Milpitas, CA 95035
819800-0800: G1093949, 1 000.00, TR 8683 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PC Box 361169, Milpitas, CA 95035
819800-0800: 61093950, $1,000.030, TR 8684 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PC Box 361169, Milpitas, CA 95035
819800-0800: G1108201, $1,000.00, TR 8685 Cash Bond, Shapell Industries of Northern
California, 1030 North Milpitas Blvd., PC Box 361169, Milpitas, CA 95035
819800-0800: G1108202, 11,Q00.00, TR 8686 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PC Box 361169, Milpitas, CA 95035
000649-9665 / 831000: 61093935, $600.00, 125 2704 Record of Survey Map Check Fee,
Richard R. Sanchez/Lisa D. Sanchez TTEES OT/Sanchez Family Trust OTD, 601 Union
Street, Ste, 3929, Seattle, WA 98101
000649-9665 / 831000: 61093936, $500.00, R5 2705 Record of Survey Map Check Fee,
Nordby Construction Company, 3009A Coffey Lane, Santa Rosa, CA 95403
000649-9665 / 831000: 61093937, $500.04, RS 2706 Record of Survey Map Check Fee,
Santina & Thompson, Inc., 1355 Willow Way, Ste. 280, Concord, CA 94520
000649-9665 / 831000: 61093942, $46,100.00, DA 0014 Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: 61093943, $40,200.00, DA 0016 Inspection Fee, Shopell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: 01093944, Shapell Industries of Northern California, 100 North
Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
$5,000.00, DA 0017 Plan Check Fee
$8,000.00, DA 0017 Inspection Fee
000649-9665 / 831000: 01093945, $5,700.0!0, TR 8681 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: 01093946, $4,700.00, TR 8682 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: 61093947, $7,700.00, TR 8684 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: 61093948, $5.,500. TR 8631 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: 61093949, 5500.00, TR 8683 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: 01093950, 5 200.00, TR 8684 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER q
TO THE TREASURER:
MARTINEZ,CALIFORNIA )
RECEIVED FROM
( ORGANIZATION NUMBER �'LK)
,"4 l�Y�f1N7F3f5d1}
(Fee°Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB' TASK OPTION ACTIVITY AMOUNT
ACCT.
r•' r $ r r3 I
i
LF, ` " 't' �G� z''G� f ` '�' h -1
i
- t
�(..lt../ �,S— ?f
l
t Y. 7""
11 2/� � � � f j /+)}j' J � l"j �� �� "�7 �• '��� � ) i".},F'.,�"moi f-' r
'yt1 Kzfi 1f` �cx� `j ! Cr7`v # C^. {tt� ✓ �cJf ✓t.) i
t
7-16
i r lC:7 c�7f�� _,0
I I ILL I 1 _t I I j j I 1 51 L
L
EXPLANATION: TOTAL $ i
DEPOSIT fq
r ;r
i r r Deposit consists of the following items
TAVII _ r r t �r':f 't /?('l COIN and CURRENCY $
CHECKS,MO.,ETC. $
i HANK DEPOSITS $ 4
•jam' e;,.' I FOR AUDITOR-CONTROLLER USE ONLY
' i,?/C 1` DEPOSIT
PERMIT CSP
NUMBER t
,. �
i DATE 41
I 11f I
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury. acknowledged.
i•,
Signed . .Date
E t,, Signed: ti �, t l Signed:
EXT '<� 7 - Depvt County Avd r ` / Deputy County Treasurer
r'
r
0649-9665/831000: G 1115735, $500.0{1, R5 2763 Record of Survey Map
Check Fee, Lafayette Square, 1007 Oak Hili Rd, Lafayette, CA 94549
0649-9665/831000: G111573, Shapell Industries of No. California, 100 N.
Milpitas Blvd, Milpitas, CA 95035
$10,000.00 bA 0016 Drainage Acceptance Review
$37,200.00 DA 0016 Inspection Deposit
0649-9665/831000: G 1115738, $500.00 852764 Record of Survey Map
Check Fee John A Rusca, 70 Sherry Way, Walnut Creek, Ca 94596
0649-9665/831000: G1115741, $1 ,200.00, M57-98 Minor Subdivison
Inspection Deposit, Alamo Livorno Associates, 9781 Blue Larkspur Lane,
Monterey, CA 93940
0649-9665/831000: G1115746, $30,622.00, UP # 02-3057, Lot 13
Improvement Man Review, Fairfield San Ramon North. LLC, 5510 Morehouse
Drive, Suite 200, San Diego, CA 92121
0649-9665/831000: 01115747, $47,238.00, OP # 02-3057 Lot 19
Improvement Plan Review Review, Fairfield San Ramon North LLC, 5510
Morehouse Drive, Suite 200, Son Diego, CA 92121
819800-O8OO:f 61115737,$8,200.,00, DA 0016 Cash Bond Shapell Industries
of No. California, 1O0 N. Milpitas Blvd, Milpitas, CA 95035
0678-9191//818800: G11156O8, $134,902.80 Annual Fiber Optic Payment,
Time Warner Telecom Holdings, Inc. 10475 Park Meadows Drive, Littleton,
CO 80124
0682-9752/819200: G1115742, $20,5O3.00, Sub 8158 Dougherty Road
Maintence Fee, Centex Homes Northern California, 1855 Gateway Blvd, Suite
650, Concord, CA 94520
03682--9752/$19200: G1115743 $2,233._00._ Sub 8156 Dougherty Road
Maintence Fee,
Centex Homes Northern California, 1855 Gateway Blvd. Suite 650, Concord,
CA 94520
DA-0016(Cross-Reference
Development No: Subdivision 7984),Gale Ranch it
Bond.-929270198
Premium: $8,125.00
IMPROVEMENT SECURITY BOND
FOR DRAINAGE IMPROVEMENT AGREEMENT
(faithful performance& maintenance, AND labor and materials)
Shapell Industries of Northern California,A
1. OBLIGATION: Division of Sha ell Industries Inc. a Delaware Corp.. (Principal), as
Principal, and National Fire Insurance Company of Hartford ,a
corporation organized and existing under the laws of the State of CT
and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally
bind ourselves,our heirs,executors, administrators, successors and assigns to the County of Contra Costa,
California to pay it;
A. FalthM Performance, & Maintenance: one m lion Six Hundred Twenty Four Thousand Nine Hundred Dollars and 00/100
($_lt6 ) for itself or any city-assignee under the below-cited Drainage
Improvement Agreement, plus
B. Labolr& Materials. Eight Hundred Twenty Thousand Six Hundred Fifty Dollars and 00/100
($ 820 85{7.00 ) for the benefit of persons protected under Title 15 § et seq. of the
California Civil Code.
2. RECITAL OF CONTRACT- The princi al contractee)with the County to install and pay for drainage and
other improvements in Subdivision 7984 C j , as specified in the Drainage
Improvements Agreement, and to complete said work within the time specified in the Drainage
Improvement Agreement for completion,all in accordance with State and local laws and rulings thereunder
in order to satisfy the conditions of approval for Subdivision 7984
3. CONDITION: If the principal faithfully performs all things required according to the terms and conditions
of said contract and improvement plan and improvements agreed on by the principal and the County,then
this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of
maintenance continues for the ore-year period; and if principal fully pays the contractors, subcontractors,
and persons renting equipment or fiurnisbina labor or materials to them for said work and improvement,and
protects the premises from claims of such liens,then this obligation as to Section l-(B)above shall become
null and void; otherwise this obligation remains in full. force and effect.
No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the
county shall relieve any surety from liability on this band; and consent is hereby given to matte such
alterations without mer notice to or consent by Surety; and the Surety hereby waives the provision of
California Civil Code § 2819, and holds itself bound without regard to and independently of any action
against Principal whenever taken, and agrees that if County sues on this bond, Surety will pay reasonable
attorney fees fixed by court to be taxed as costs and included in the judgement.
3. C'OvD1I1QN:
A. Tho 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 beep and perform the covenants,conditions and provisions in the
said agreement and any alteration thereo-Finade 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;othenvise 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
casts anal included in any judgement rendered.
B. The condition of this obligation a5 to Section 2.(B) above is such that said Principal and the
undersi f;ned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors, srlbcontractors,laborers,material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Cade for materials fi>,rt-tish.ed or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to suds
work or labor, that said surety will pay the salve in an amount not exceeding the amount herein
above set forth, and also in case shit 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 ofany and all
persons,companies and corporations entitled to file claims under Title 15(clorninencing with Section
3092) of Part 4 of Division 3 of the Civil Code,so as to give a right of action to thein or their assign
in any suit brought upon this bond.
Should the condition offnis gond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full farce 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 snake such alteration without further notice to or consent by Surety; and the Surety hereby
waives the provisions olV 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 February 24, 2003_._ _ ...._. ..
Shapell Industries of Northern California,A
PRINCIPAL Division of sha ell Industries,Inc-a Delaware Corp. SURF, National Ire Durance Company of Hartford
B B -�' ' ��fst�
By
J.C v rue r i q e s s t. .P. Pamela L. Stocs Attorney-iniac#____.__...
Address 100 North Milpitas Boulevard Milpitas, CA 95035 Address 5820 Canoga Avenue,Suite 200 Woodland Mills,CA 91367
Q+Grp?baa\Ln�Svc,Fotns\Blt VlOYtDlriN-IO.doc
By: ,.
Mark We tphal / Asst.- cty.
POWER OF ATT4kir EY APPOINTING INDIVIDUAL AY-y 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 duly organized and existing corporations having
their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby
make,constitute and appoint
Pamela L.Stocks,Beverly A.Hall,Sandra V.Hanner,Individually
Of Sherman Oaks,California
their true and lawful Attomey(s)an-Fact with full power and authority hereby conferred to sign,seat and execute for and on their behalf
bonds,undertakings and other obligatory instruments of similar nature
---In Unlimited Amounts—
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse
hereof,duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 3rd day of August,2001
e� <r wattut ►�,
Continental Casualty Company
National Fire Insurance Company of Hartford
= • American Casualty Company of Reading,Pennsylvania
SEAQ.
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 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 seats 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.
• -O IAL SEAL' •
t
DAM fA$iLlWdt
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� erae hereof rs still in force, in testimony
whereof have h�8unto subscribed my n me and affixed the seal of the said corporations this 4�ttrii day of
.0- , d Continental Casualty Company
COWMAtt 'O National Fire Insurance Company of Hartford
5 . Amer€can Casualty Company of Reading,Pennsylvania
41
(Rev. 1/23/01) Mary A.Ribikawskls Assistant Secretary
r►uthorizing 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 fo€lowing 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 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 seat shall be valid and binding on the Company.Any such pourer so
executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is
attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article Vi—Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice
President may at any time revoke all power and authority previously given to any attorney-in-fact.,.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at ameeting 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 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 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 cm the Corporation."
- _
..........................................................................................................................................................................................................................................................................................................................
State of CALIFORNIA
County of LOS ANGELES
On
February before me,
24, 2003 Sandy Hanner - Notary Public
Date NAME, TITLE OF OFFICER., "JANE DOE, NOTARY PUSLIC"
personally appeared Pamela L. Stocks
NAME(S)OF SIGNERS)
( x ) personally known to me-OR - (—) proved to me on the basis of satisfactory evidence to be
the person(g) whose name(#is/Amoubscribed to the within instrument and acknowledged to me that
Wshe/jtM executed the same in bds/her/ftsla authorized capacity( , and that by +iwher/tf
signature() on the instrument the person(g), or the entity upon_behalf of which the person(30 acted,
executed the instrument.
s, I WITNESS xny hand and official seal.
Commission.#1362157
Notary Public a csWarnia
Los County SIGNATILAE OF NOTARY
Carnot. Jut 2.
OPTIONAL
Though the data below Is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
(._.) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
(. -) GENERAL
NUMBER OF PAGES
( } ATTORNEY-IN-FACT
( - }
TRUSTEE(S)
(�} GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Comoanv
of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
Ci-t 0742tS•8
Bond No. 9292701.98
N TI E
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds and certain insurance policies on which one or more of the
Writing Companies identified below is the surety or insurer.
To principals on bonds and insureds on certain insurance policies written by any one
or more of the following companies (collectively the "Writing Companies") as surety
or insurer: Western Surety Company, Universal Surety of America, Surety Bonding
Company of America, Continental Casualty Company, National Fire Insurance
Company of Hartford, American Casualty Company of Reading, PA, The Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
DISCLOSITRE !QF PREIVIiiTM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
DISCLOSURE ()F FEDERAL PARTICIPATION IN PAYMENT OF TERRt7RISM
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Form F7310
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
v ss.
` County ofdl
On before me,
Ddte Name and Title of Officar(e.g.`Jana Doe,Not
personally appeared
Name(s)of Sgnar(s)
pgersonally known to me
❑ proved to me on the basis of satisfactory
evidence 1
� to be the person(s) whose name(s)-is/are
subscribed to the within instrument and
acknowledged to me that 4ef~hey executed `
JANICE T.KRUSE
Commission 0131 7the same in Wm4w/their authorized �•
� Meaty Pubic-Catifo l capacity(ies), and that by �r/their
Srft €ara Caen signature(s) on the instrument the person(s), or
*� k�� the entity upon behalf of which the person(s)
acted, executed the instrument.
` NESS my hand and offici ! eal.
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 Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
Guardian or Conservator ,
❑ Other:
Sinner is Representing: j
01999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.nationalnotary.org Prod.No.5907 Reorder:Cal!Top-Free 1-800.875.8827