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HomeMy WebLinkAboutMINUTES - 03232004 - C.5 F THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 23, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20041 1.34 SUBJECT: Approval of Road Improvement Agreement for Cypress Road-Bethel Island Road, RA 1145, (cross-reference Subdivision 7562), being developed by Shea Domes, Bethel Island area. (District V) The following document was presented for Board approval for Cypress Road-Bethel Island Road, road acceptance file RA 1145 (cross-reference Subdivision 7562) property located in the Bethel Island area, Supervisorial District V. A Road Improvement Agreement with Shea Homes,principal,whereby said principal agrees to complete all improvements, as required in said road improvement agreement, within one year from the date of said agreement. Improvements generally consist of road widening, road re- alignrnent, intersection improvements,road detour, and road extension. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator: Public Works(ES) on the date Shown, Contact. Prank Navarro(313-22£4) CL:LS:rm G:1GFPDatalEngSvc`aO4 2004%03-23-041i2A 1145 BO-15.doc ATTPSTED: ARCI1 , 2004 cc: Public Works-T.Bell,Construction ATTESTED:_ Current January Planning,community Development 1'—January 2JOHN SWEETEN,Clerk of the Board of Supervisors and Shea Romas County Administrator Kerrl Watt Brage 2380 Shea Center Drive Livermore,CA 94550 Safeco Insurance Company of America Scott 5alandi 330 N.Brand Blvd.,suite 1000 By ,Deputy Glendale,CA 91293 RESOLUTION NO.2004/ 134 SUBJECT: Approval of Road Improvement Agreement for Cypress Road-Bethel Island Road, RA 1145, Subdivision 7562,being developed by Shea Humes, Bethel Island area. (District V) DATE: March 23, 2004 PAGE: 2 I. Cash Bond Performance Amount: $74,200.00 Auditor's Deposit Permit No. DP 414721 Date: November 12, 2003 Submitted by: Shea Homes Taxpayer identification number: 94-4240219 II. Surety Band Bond Company: Safeco Insurance Company of America Bond Number and Date: 6253031 November 4, 2003 Performance Amount: $7,340,400.00 Labor&Materials Amount: $3,707,300.00 Principal: Shea Homes Limited Partnership NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION N0. 2004/134 R Ab IMP OYEMBNT ACiREEMEl`T Developer: 4i/e a u 0I R S Effective Dat 3� Development: ' 114 5 (x!R d f Sub 7 5 6 2) Completion Period: 1 year Road: Cypress Road — Bethel, Tland Read THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director �R By: {aignatupr print P(MeV0V �- RECOMMEND" PROV q{� By: (signature) i\ r{ nrng Services Division (print nne&title) Kevin YY.Peters FORMAPPROVED-- i or oJ.Westman,County Counsel Assistant Secretary (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Cade 5313) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon "and the above-mentioned Developer, mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS EMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping,and such other innprovements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern, 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 7 4 , 2 0 0 cash,plus additional security,in the amount of$7 .3 4 0,4 4 0 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,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$3 .7 0 7 , 3 0 0 which is fifty percent(50%)of the estimated cost of the work. Such securityis presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S944.406 and 5944.40$of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORD. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for aperiod of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,"Acceptance," of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISIM EN"T WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. IN PROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions-of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval 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. S. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or 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 Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Nan-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared, supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. IL INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms o€this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. in consideration hereof: (Check applicable section(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. _ County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RL:kw \\PWS4\SHARDATA\GrpData\EngSvc\FormstAG WORD\AG-24.doc Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of ' t _ OPTIONAL SECTION County of t i CAPACITY CLAIMED BY SIGNER gg onF "'# ,before me, e " t c't so_} 3� a i�� F/L .. Though statute does not require the Notary to till in DATE NAME.TITLE CiF OFFICER E.G..'3At DOE,NOTARY PUBLIC- DATE the data below,doing so may prove invaluable to r +` 'fi %r , persons relying on the document, personally appeared Iref a. c ' '1 f �l d 4 ti e .: - NAME(S}OFSIGNER(S) [] INDIVIDUAL ° ,.,personally known to me-Oti-0 proved tome on the basis of satisfactory evidence to U CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLES) subscribed to the within instrument and acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED the same in his/her/their authorized 0 GENERAL L,WILD capacity(ies),and that by his/her/their 0 COMM.#fzsssq. 0 ATTORNEY-IN-FACT ;'' " C37iI{Y I�Ilt3I I C,#iFR?�lA`� signature(s)on the instrument the person(s)or c t the entity upon behalf of which the person(s) TRUSTEE(S) tti ALAMEDA OOUNTv0 GUARDIAN/CONSERVATOR. acted„executed the instrument. COMM. OTHER: COMM.EXP.MARCH4,2ftb4"'� r', W I�ta"?I1 dffi ocial seal (,,yyiiJ,,{ ' SIGNER IS REPRESENTING: NAME OF PERSON(s)OR,ENTITY(IES)} SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages - Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above reattachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must�signe_c exactly as it is typed or printed. II. SIGNATURES FOR.II441)IVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property mus"'stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for an.3 bind the partnership. IV. SIGNATURES FOR CORPORATION'S Documents should a sign y two o-kers,one from each of the following two groups: GROUP 1. (a}The Chair of the Board. b})T11e President c Any Vice-President GROUP 2. (a The Secretary bAn Assistant Secretary c The Chief Financial Officer ( The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." 1C:atw IiPWSa\SHARDATAtc-mData\EngSvo\Fom,A\WOItD FORMS\ALL PURPOSE NOTARY.doc COUNTY OF CONTRA COSTA OFFICE OF COL04TY AUDITOR-CONTROL R CALIFORNIA TQ THE TREASURER: MARTINEZ, , RECEIVED FROM ORGANIZATION NUMBER I -} art ` (For Cash Collection Procedures see County AdmWstrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACCT TASK OPTION ACTIVITY AMOUNT q 666 9F1 1401-0:?ID fil- 0 if r I r if �'Li Ix ave, r raw tom. G3 f1V (1 I f� ( t.. s kt = .. E PLANATION: /, r ;f C)f t d L !�f DEPOSIT ° Deposit consists of the fallowing items t z COIN and CURRENCY $ 1. } / _ CHECKS,M.O.,ETC. $J � # BANK DEPOSITS $_, . FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER *fir DATE 414721 �0 2' ASSIGNED The amount of money described above is for Treas }receipt of ove aunt is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. 'S' ji` JA' s? f' ) Date 1 7, Signed: Signed:_ Titl r r"�i" j/ V EXT. '2 3 LJ�{ Deputy County Auditor Deputy ornty Treasurer D-34 REV.(7-9,3). COUNTY OF CONTRA COSTA OFFICE OF COUNTY AUDITOR-CONTROLLER ' TO THE TREASURER: MARTINEZ,CALIFORNIA a RECEIVE}FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK0PTION ACTIVITY AMOUNT ACCT. } ## { } I € } # { # { # # € t # i { i t L + r i € # k } € i EXPLANATION: TOTAL $ # DEPOSIT € Deposit consists of the fallowing items COIN and CURRENCY $ CHECKS,M.t,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY / DEPOSIT PERMIT OP y( 1 DATE t,BEAft ASSIGNED --------- The amount amount of money described above is for Treosu ectipt of ave aunt is proved. Receipt of above amount is hereby deposit into the County Treasury. Oat acknowledged. j r l t'ji / Sign or .?.. "��_.. Date Signed: Signed: Titl1CT. _42 I i Deputy County Auditor Deput County Treasurer D-34R€V(7-43} 0649-9665 /831000: 01122309, $1,575.00,MS 02-15,Map Check Fee,Phillip A. & Lori L. Wolfe, Co-Trst A/L L Wolfe Trust, 6000 Johnston Rd. Pleasanton, CA 94588- 9595 0649-9655 /831000: G1122311, Shapell Industries of North California,PO Box 361169, Milpitas, CA 95035 $10,000.00,DA 0030, Drainage Acceptance Review $14,000.00,DA 0031, Drainage Acceptance Review 0649-9665/ 831000: 01122312, $304,095.38,RA 1145,Road Acceptance Inspection Deposit,Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 0549-9655 / 831000: 01122313, $230,x,355.66, Sub 7562, Major Sub Inspection Deposit, Shea Homes, 2580 Shea.Center Drive, Livermore, CA 94550 0549-9665 /831000: 01122315, $35 333. O,Sub 7509,Major Sub Inspection Deposit, Jahn D. Curtis, 1235 EscobarSt. Martinez, CA 94553 0649-9665/831000: 01122316, $1,000.00, DP3048-00, COA Compliance Check,No Improvement plans, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-08010: 131122312, $74,200.00, RA 1145,Performance Cash Bond, Shea Homes,2580 Shea Center Drive, Livermore, CA 94550 819800-08010: Gl 122313, $53,!900.00, Sub 7562, Performance Cash Bond, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 819800-08010: GI 122314, $1500.00, Sub7562, Performance Cash Bond, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 819800-08010: 01122315, $14,700.00,Sub 7609, Performance Cash Bond, John D. Curtis, 1235 Escobar St., Martinez, CA 94553 0682-9752 / 819200: Gl 122313,Sub7562, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 $3,450.00, COA84AT SR4, Cypress Road Intersection Improvements $91,080.00, COA84AZ, Laurel Road Corridor Fee $46,920.00, COA 84AZ, Byron hwy 0682-9752/ 819200: 01122315, $43,778.00, Sub 7609, COA27H Reliz Valley Rd Corridor Fee, John D. Curtis, 1235 Escobar St., Martinez, CA 94553 0683-9752 / 819300: 01122313, $10,000.00,Sub 7562, COA 84AU, Oakley/N. Brentwood AOB Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 828900-0800: Gl 122180, $2.290.00, FCCTIA Traffic Fees, Radder& Carel Von Uhlit, 48560 Ursa Dr. Fremont, CA 94539 82.8900-0800: G1122181 $2,290.00,ECCTIA Traffic Fees,Delfino Laga, 80 Loftus Rd. Pittsburg, CA 94565 0648-9140!812100: G1122315,$1870'7,54 Drainage Deficency(Mitigation,Alhambra Creek, John D. Curtis, 1235 Escobar St. Martinez, CA 94553 bond No.� 5253031 Development-. kA 11.4 5 (x•»,R o f Sub 15 5 Premium: $51,383.00 Fax ROAD VROWMNTAGRMWNT (P rmancc,Cuarantee,and Pgment) (California,Government Code § W99-66499.10) 1. RECITAL OF ROAD DROVE NT A.GREWUNT.- The Developer(Prinoipal)has executed an agreement (Road bnprovement Agreement) with the Cou* to install and pay for st=4 draffiage and other impr0Vements on, or along�XPr,e88 Jid 2 a + I fi JLd,Ta COmpleGe said wotkWidiinthe time Specifed for completion in the Road:Improvement Agreement,all.in accordance with State and local laws and rulings. 2. OBLIGATION. Shea Homes Limited rther asPrindlaland SAFECO Insurance . ., . a corporation organized under the laws sof the State of WashiUton and authorized to transact surety business in California, as Surety, hereby jointly and severalty bindr ourselves, our heirs, execuwrs, administrators, successors and assigns to the County of Contra Costa, Catlfomia to pay as follows: A. Performance: Seven billion TlL a Hundred Forty lbousand four Hundred and oo/loo** ***• Dollars( `, o, o.o )for it elf or anycity assigner.under the above County Road Improvement Agreement,,plus B. Payment: Throe Nfit on Sever►H=dred Saven Thoumd Three and oo11OO******* Cullers($ a,, 7 Q 7 , o 0 1 to some the claims to which reference Is made in Title 15 §f et seal, of the Civil Cotte of the Mate of Califo=ia. 3. CONrptT ON; A. The Condition ofthis obligation as to b'ect on(2.A.)above is such that ifthe move bonded eip,l, or principal's heirs,executors,administrators,,successors or assigns,shall In all things stauJ to and abide by and well and trolly keep and pafo=the covc=ts,conditions and provisicrz k th:: said afire=Ont and any alteration thereof made as therein provided on it or its part, to 1;e r Azad performed at the time and in them neer therein speoi_6ed and in all respects a=rd:g to their true intent apd meaning and shall indenmify aad save Mess the County of Cont:-a Cost or c; assignee,its ofh='4 agues and employees,as therein stipulated,then this obligation shall b=Ome null and void;otherwise it shall be and remain in fotl fierce and effect, *Company of America As PMI of the obligation secured hereby and in addition to the face seat specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney`s Pecs,incurred by the County of Contra Costa or city assignee,in successMy enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of tins obligation, as to Section (2A) above, is such that said Principal and the undersigned as corporate suety are held firmly bound tanto the County of Contra Costa and all contractors,subcontractors,laborers,material men and ether persons employed in the puformance of the aforesaid 2gmeme nt and referred to in the aforesaid Civil Code„for mate rials furnished,labor of any kind,or for amounts clue under the Unemployment Insuranoe Act with respect to such work or labor and that said undersigned stuff►will pay the s ie 3n an amount not exceeding the amount herein above set forth sad also,ins suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,oxpwses and fees,including reasonable attomWs fees,inctratd by the County of Contra:Costa or city"gam in suscesssfully enforcing such obligation,to be awarded and fixed by the court,all to be taxed as costs and to be included in the,judgemeat therein rendered, It is hereby expressly stipulated and agrec4 that lids bond shall iuure to the benefit of any and aL persons.companies and co *radons enti led to file:claims under ride 15(cormaeacing with Section 3082 of Part 4 of Division 3) of the Civil Cade of the Staff of`California,so as togive a.right of action to them or their assigns in any suit brought upon this hand. Should the work under the:conditions of this bond be:fully performed,then this obligation shall become null and void,otherwise it shall be and remain in Rill force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of'said work agreed to by the Principal and the County shall rellen the Suety from liability on this bond and consent is hereby given to make such altwation without further notice to or consent by the Surety and the Surety hereby waives the provisions of California,Civil Cade Section 2819 and holds itself bound without regard to and independently of any action drat Principal wbr,.aever talo. 4. SIGNED?AND SFALED: The undersigned executed this rloturaent on November 4, 2003 PRINCIPAL- Shea Homes Limited Par tne r ship*SURETY.- SAFggO Insurance Company? of America Address: _ 2580 Shea Caute.r Dr:Lve. Address: 330 N. Brand Blvd. , Suite 1000 City: LivertftoraCity: Glendale, CA 91203 ' .� ,,— Print am Septi Salandi Title: W-C AW 'f ±/ Title: Attorney-in-Fact *A California Limited Partnership By: J.F. Shea LLC, A Delaware Limited Liability Company Its Geneeral Partner CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of .A, - Y-vi 14 OPTIONAL SECTION County of_ L q® CAPACITY CLAIMED BY SIGNER On g" :� ,before me, w i1 0ffi3 iiou is statute does not require the Notary to fill in ,E of is R E.G.,'IANE DOE DATE NA?a,T171 , OTARY Pi7fli Tc" #be data below,doing so may prove invaluable to FI personally appeared l�; t, persons relying on the doeume� L ���✓� i�° c.� l �E � �. .�-€ NAMWS)of SIGNI { ❑ INI7€VII7UAL personally known to me-OR-❑ proved to me on the basis of satisfactory evidence to C CORPORATE OFFICER(S) be the persons)whose name(s)istare n. $) subscribed to the within instrument and acknowledged to me that he/she/they executed p PARTNER(S) 0 LIMITED the same in his/her/their authorized 0 GYRAL .w E. LWILSON capacity(ies),and that by his/her/their y comm. 1265698 0 ATTORNEY-IN-FACT signatures)on the instrument the person(s)or NOTARY K S f.-CA FORMA the entity upon behalf of which the person(s) © TRUSTEE(S) ALAMEDA COUNTY � acted,executed instrument. 0 GUARDIAN/CONSERVATOR CO&SM, EXP MARCH 4,2004-° , *— 0 OTHER: WI'TN'ESS a�oiei seal, s SIGNER IS REPRESENTING: (% {NAME OF PERSON(S)OR ENTrTY(,ES)) S OFIROTAW 13 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment o,this form INSTRUCTIONS 10 NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Centra Costa County. I. .FOR ALL SIGNATURESexactly- The name and interest of the signer should be typed or printed BFNEAT the signature. The name must re signs as it is typed or printed, II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed, The signer's interest in the property must t>e stated. III. SIGNATURES FOR PARTNE HIPS - Signing party must be either a general partner or be authorized in writing to have e au ortty to sign ar an m e partnership. 1V. SIGNATURES FOR ORPORATIONS Documents sold b FOR y two o kers,one from each of the following two groups: GROUP 1. Na4, The Chair of the Board The President Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." ic:MW i\PWS41SHAROATA1GrpDataT419Svc\Form$\WORD FORMMALL PURPOSE NOTARY,&c STATE OF California SS. COUNNOF Orange On November 4,2003 before me, V. Stockton, Notary Public PE RSONALLY APPEARED Scott Salandi personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaciVies),and that by hiAerltheir signature(s)on the instrument the person(s),or the entity upon beha�f ■** KTO of which the person(s)acted,executed the instrument. Comm*jsioet 0 1367229 6MYComm. Notary Pubk-Catitomia WFINESS my hand and official seal. Orange County Expires Jur 29,20060 Signature This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER Improvement Security Bond TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED GENERAL 2 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER:..............- ___-................_____._-_.__.__.._........_____......_.___-__..__- November 4,2003 —.------..............____------_....................___-------..__..........____..______.__....... DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SAFECO Insurance Company of America Shea Homes Limited Partnership SIGNERS)OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT POWER SAFECO INSURANCE COMPANY OF AMERICA ►� © ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICESAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 10688 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint iiilii»ii**i*i*«P*i*ii*«iii**ii+iYtCTORIA STOCKTON;JOHN D.MILLER;SCOTT SALANDI,Santa Ana,California****... ....... ali o:lia****#isP«rMMiisiysiri+......i Its true and lawful attorneys)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 13th day of May 2003 CA— CHRISTINE MEAD,SECRETARY MIKE MCCiAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS ...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seat, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (r3) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seat of the Company may be a facsimile thereof." 1, Christine Mead,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 4th day of November 20__0 t ►,py ECt?rp Comm SEAL SEAL .. X dt f ubSMICOfWdb ��►` CHRISTINE MEAD,SECRETARY S•0974/SAEF 2101 e A registered trademark of SAFECO Corporation 0511312003 PDF RESOLUTION OF THE EXECUTIVE COM HT1TEE OF J.F.SHEA LLC July 21,2003 The undersigned Executive Committee of J. F. Shea LLC, a Delaware limited liability company ("Company") do hereby take the following action on behalf of the Company without a meeting as permitted by the Company's Limited Liability Company Agreement. RESOLVED, that the following named individuals are hereby elected to the Company offices appearing a fter t heir r espective names,a nd will serve for t he r emainder o f t he year or until their successors are elected and qualified: RESOLVED,t hat a ny o ne o f t he following named o fficers o f t he C ompany: Jo hn F. Shea, President; Edmund H. Shea, Jr. Vice President; Peter O. Shea, Vice President; or any other person or persons designated in writing by any one of said officers or by any two members of the Executive Committee, or any two of the officers named below, are hereby authorized and empowered for and on behalf of this Company,on its own behalf or a s t he g eneral p artner o f Shea H omes Limited P artnership("SHLP"),o r a s g eneral partner of Shea Hames Arizona Limited Partnership("SHALP")or as the general partner of any other partnership to execute any bids, contracts,bid bonds, deeds, maps,plats or any other agreements or documents necessary for the performance of such contracts, agreements and/or documents, to execute any documents required to borrow funds from any lender to be secured by real or personal property owned by this Company, SHLP or SHALP or any other company of which this Company is general partner, to execute agreements to purchase,escrow instructions,and any related documents in connection with the sale and conveyance of real property developed and sold by this Company on its own behalf or the behalf of SHLP or SHALP or any other partnership of which this Company is a general partner, or any other real property owned by this Company,and to execute notes, deeds, maps, performance and payment bonds, deeds of trust, mortgages, guarantees, receipts, and all other documents necessary and convenient to carry out the business operations of this Company on its own behalf or the behalf of SHLP or SHALP or any other partnership of which this Company is a general partner. John F.Shea,President Edmund H. Shea,Jr.,Vice President Peter O.Shea,Vice President Peter O.Shea,Jr.,Vice President R.(Bert)F.Selva,Vice President Richard C.Andreen,Vice President Charles H.Atherton,Vice President Mark Brock,Vice President W.William Gaboury,Vice President Karyl A.Gately,Vice President Max B.Johnson,Vice President Ronald L.Lakey,Vice President Chester T.Latcharn,Vice President Layne C.Marceau,Vice President David B.Miller,Vice President John C.Morrissey,Vice President Ray Mullen,Vice President Buddy Satterfield,Vice President Les Thomas,Vice President Bruce J.Varker,Vice President Robert J.Yoder,Vice President Robert R.('dell,Vice President&Treasurer James G.Shontere,Secretary Scott Adams,Assistant Secretary Connie Allen,Assistant Secretary Peter G.Altuchow,Assistant Secretary Joanne Anderson,Assistant Secretary Susan Andrade,Assistant Secretary Joseph C.Anfuso,Assistant Secretary Alex Baird,Assistant Secretary Paul L.L.Barnes,Assistant Secretary Juan Bernardino,Assistant Secretary Bryan Binney,Assistant Secretary Ernest J.Boitano,Assistant Secretary Duane Bradley,Assistant Secretary Rhonda Brown,Assistant Secretary Robert M.Burke,Assistant Secretary Jack S.Carrier,Assistant Secretary Robert V.Claflin,Assistant Secretary Scott Custer,Assistant Secretary Anthony F.Daley,Assistant Secretary John C.Danvers,Assistant Secretary Jeffry M.David,Assistant Secretary Jeffrey H.Donelson,Assistant Secretary Jason L.Enos,Assistant Secretary Yvonne Espinoza,Assistant Secretary Jeff Fenton,Assistant Secretary Ron Finney,Assistant Secretary Joseph M.Flanagan,Assistant Secretary Tod Fontana,Assistant Secretary Michael L.Fraley,Jr.,Assistant Secretary Thorn Gamble,Assistant Secretary David Garcia,Assistant Secretary Jessica Garcia,Assistant Secretary Donald J.Gause,Assistant Secretary W.Stephen Gilmore,Assistant Secretary Jack Godard,Assistant Secretary David Goldberg,Assistant Secretary Lyndon Graham,Assistant Secretary J.Terence Hanna,Assistant Secretary Carly Harlacher,Assistant Secretary Leilani Haugen,Assistant Secretary Charla L.Hauser,Assistant Secretary Alexander Hawxhurst,Assistant Secretary Laura Herse,Assistant Secretary Steven Hextell,Assistant Secretary Jeff Hinkle,Assistant Secretary Jackie Hodge,Assistant Secretary Donald A.Hofer,Assistant Secretary Vale Holbrook,Assistant Secretary Steve Howry,Assistant Secretary Catherine M.Huff,Assistant Secretary Lori Jones,Assistant Secretary Paul Kalkbrenner,Assistant Secretary Jeffrey F.Kappes,Assistant Secretary T.(Terri)G.Kershisnik,Assistant Secretary John Kilrow,Assistant Secretary Alison B.Knoll,Assistant Secretary Kathy Leary,Assistant Secretary Melvin A.Livingston,Assistant Secretary Linda Lockman,Assistant Secretary Harold Looney,Jr.,Assistant Secretary Marcela Malek,Assistant Secretary DiAnne Mangis,Assistant Secretary Joyce Manigold,Assistant Secretary Marion P.Marcum Assistant Secretary Michael McCormack,Assistant Secretary Jenifer McLaughlin,Assistant Secretary Jeffrey McQueen,Assistant Secretary Ron Metzler,Assistant Secretary. William L.Morris,Jr.,Assistant Secretary Don Murphy,Assistant Secretary Gilbert L.Neilson,Assistant Secretary Richard J.Obernesser,Assistant Secretary Michael D.Odette,Assistant Secretary Brad Olsen,Assistant Secretary David Olson,Assistant Secretary Steve Orfruston,Assistant Secretary Lee Pacheco,Assistant Secretary Jeffrey K.Palmer,Assistant Secretary Jennifer Patterson,Assistant Secretary Kevin Peters,Assistant Secretary Ken Peterson,Assistant Secretary Robert Pigg,Assistant Secretary TraciLee Piliero,Assistant Secretary William J.Pisetsky,Assistant Secretary Greg Ponce,Assistant Secretary Stephen A.Quaranta,Assistant Secretary Stephanie Rende,Assistant Secretary Diane M.Rivera,Assistant Secretary Timothy Roberts,Assistant Secretary Darlene Robinson,Assistant Secretary Suzette Rodriquez,Assistant Secretary Cynthia Roush,Assistant Secretary Katherine Ruth,Assistant Secretary Carel A.Ryan,Assistant Secretary Jeff Salai,Assistant Secretary Wm. S.Seemann,Assistant Secretary Ping Shaw,Assistant Secretary Edmund H.Shea,IIT,Assistant Secretary James W. Shea,Assistant Secretary John F.Shea,Jr.,Assistant Secretary Teri Shusterman,Assistant Secretary Eric Snider,Assistant Secretary Shavon Spiller,Assistant Secretary Chariaine C.Spring,Assistant Secretary Stephen Stambaugh,Assistant Secretary Lisa A. Sutton,Assistant Secretary L.(Lori)Symans,Assistant Secretary Della Thurston,Assistant Secretary Stephen Tindle,Assistant Secretary Alan P.Toffoli,Assistant Secretary Linda C.'Tong,Assistant Secretary Michael J. Tracy,Assistant Secretary Ruth Truman,Assistant Secretary Jahn B.Vance,Assistant Secretary John Vander Velde,Assistant Secretary Martin Vliegenthart,Assistant Secretary Laura W.VuoIo,Assistant Secretary Robert Wainwright,Assistant Secretary Lily A.Wallace,Assistant Secretary Susan Waterman,Assistant Secretary Dennis H.Williams,Assistant Secretary Jeffrey D.Willis,Assistant Secretary Mark Wright,Assistant Secretary Gregg Yensan,Assistant Secretary EXECUTED EFFECTIVE this 21 st day of July,2003. BY MEMBERS OF THE EXECUTIVE COMMITTEE 8 : -- BY: Jo F.Shea �! Edmund H.Shea,Jr. ter,O.Shea Deter O'Shea,Jr. I By R. F.Selva SURETY RIDER To be attached to and form a part of Bond No. 6253031 On behalf of Shea Homes Limited Partnership ,as principal and by Safeco Insurance Company of America as Surety, in favor of County of Contra Costa ,as Obligee and issued on November 4, 2003 In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to the following changes: Amending the Penal Sum of the Payment Portion of the Bond From: Three Million Seven Hundred Seven Thousand Three and 001100 Dollars To. Three Million Seven hundred Seven Thousand Three Hundred and 001100 Dollars Nothing herein contained shall be held to vary,waive,alter or extend any of the terms, conditions,agreements or warranties of the above mentioned bond, other than as stated above. This Rider shall become effective on November 4, 2003 SIGNED AND SEALER THIS 16th day of December,2003 Safeco Insurance Company of America By: Scott Salandi,Attorney-in-Fact STATE OF California SS. COUATTYOF Orange On— December 16,2003 beforeme,___ V. Stockton, Notary Public ffRSONALLYA11PEARFD Scott Salandi personally fuaown to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hr`.vherltheir authorized capacity(ies),and that by hi&1Wr1#1eir signature{s)on the instrument the person(s),or the entigt upon beha�( 140 of which the persons)aced,executed the instrument. V.STOCKTON ComMMIon#1367229 Notary Pubic-California WITI4ESS ntJ,hand a teial seal. grange Coun My Comm.Expirea Jrrl 39,2006 Signature x This arena for Official Notarial Seca _ 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 CP ATTACHED DOCUMENT INDIVIDUAL El CORPORATE OFFICER Surety hider TITLE OF TYPE OF DOCUMENT 7�TeE(S) EJ PARTNER{S} ❑ LIMITED GENERAL � WI ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER:._�.._.____..._..__...___._. __.__..__._....__.----_-------..___._------- __ --- December 16,2003 DATE OF DOCUMENT SIGNER I5 REPRESENTING: NAME OF PERSON($)OR ENT1TY(3ES) Safeco Insurance Company of America None SIGNER{S OTHER THAN NAMED ABOVE _ 0-1232(REV,5/01) ALL-PURPOSE ACKNOWLEDGEMENT r� POWER SAFECO INSURANCE COMPANY OF AMERICA E CO' S A F GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME.OFFICE SAFECO PLAZA SEATTLE,WASHINGTON 98185 No 10688 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint •�,�*•«**...«■�*'««'•'•*'•**"«*'«VICTORIA STOCKTON,fOFN D MILLER;SCOTT SALANDI;Santa Ana,California•°""'«""""'"""•""•'•«'"t«.`��'� its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 13th day of May 2(?03 CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT _. CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE.COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute an behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seat, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii} A copy of the power-of-attorney appointment,executed pursuant thereto,and (III) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of We Company may be a facsimile thereof." 1. Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seat of said corporation this ^ 16thday of December_ _2.(D3_-. k CQlifp AL SEAL �ai"� o€W3b 'l CHRISTINE MEAS?,SECRETARY S-09741SAFF 2161 A registered trademark of SAFECO Corporat,on ,151 1312003 PDF