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HomeMy WebLinkAboutMINUTES - 03232004 - C7 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: DONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2004! 136 SUBJECT: Approve the :Drainage Improvement Agreement for 'Subdivision 7562, being developed by Shea Homes, Bethel Island area. (District V) The following document was presented for Board approval this date for Subdivision 7562,property located in the Bethel Island area, Supervisorial District V. A drainage improvement agreement with Shea Homes, 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 a pump station and related appurtenances for collect and convey. 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. Cti&aror:Public Works(E5) Contact: Frank Navarro(373-2264) MARCH 23 20{71F CL:rn, ATTESTED: (i:1GipDeta4En,gSvcka0)20"A 03.23-",SD 7562 BO-20.aoc cc: Pubic Works- T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County T-January 23,2005 Shea Homes Administrator Kerri Wait Brage 2580 Shea Center Drive Livermore,CA 94550 Safeco Insurance Company of America � �� ScopSalandi By. ,Deputy 330 N.Brand Blvd.,Smite 7000 Glendale,CA 97203 RESOLUTION NO.2004/ 136 SUBJECT: Approve the Drainage Improvement Agreement for Subdivision 7562,being developed by Shea Homs,Bethel Island area. (District V) DATE: March.23, 2004 PAGE: 2 1. Cash Band Performance Amount: $1,500.00 Auditor's Deposit Permit No. DP414721 Date:November 12, 2003 Submitted by: Shea Homes Taxpayer identification number: 94-4240219 11. Surety.Bond Bond Company: Safeco Insurance Company of America. Bond Number and Date: 6253051 November 11, 2003 Performance Amount: $154,300.00 Labor& Materials_Amount: $77,900.00 Principal: Shea homes Limited Partnership 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. 2004/136 DR�AGE I PROVEMENT AGREEMENT Subdivision: 506'7%*2- Effective Date: Developer: .✓"IkGJ 1614Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CQMA COSTA C DEVELOPER Maurice M.Shiu,Public Works Director By: £ �1-1` (Signet - (Ptin erne .. C MENDED FOR APPROVAL ; ' 7'LarAarceau By: fneering Services Division (Print Name and Tide) Kevin,` �A F✓ Mir Peters Assistant SeC`rt'tal'y FORM APPR _ Eb: Victor J.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.) I. PARnES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-named Di,yt1w�,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 gond 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 provide as security to the County: A. For Performance and Guarantee: $ i 6!L)2?i cash,plus additional security,in the amount of$ 1"i 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 cashier's check. 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 Pavment: Security in the amount of$ '71I`f OOwhich is fifty percent(501/o)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check 'e 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 Iabor 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 S944.406 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. 6. 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 an y 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. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities 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. 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. 8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERF_QRMANCE 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. 14. 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. RL::kw G:\GipData\EngSvc\Focros\AG WORD\AG-17.dec Rev.April 6,2000 ............ .................................................................................................................................. ..................................................................................................................................... _ ............................................................................................ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT y _ State of <" � OPTI©NAI,SECTION County of 'i Vit' i CAPACITY CLAIMED BY SIGNER On i ,before me, 1. IJ Ix fj , 4i v #�'vi}t �'s Though statute does not require the Notary to fill in BATE NAME,TITLE OF OFFICER E O., SANE• OE,NOTARY PUBLIC" the data below,doing so may prove Invaluable to mo ' f z yz persons relying an the document.persanall appeared V, �# NAME(S)OF SIGNER(S) ❑ INDNIDt7AL aersonally known to me-OR-❑ proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED �4 Karma � a.cv the same in his/her/their authorized G GENERAL WILSON capacity(ies),and that by his/her/their ❑ ATTORNEY-IN-FACT M- 1 signatures)on the instrument the persons)orthe entity upon behalf of which the persons) 13TRUSTEE(S) iffi �tC3AYP`1L€C-GAIIFOKkiA0 GUARDIAN/CONSERVATOR acted,executed the instrument. ALAFO COUNTY 0 ❑ OTHER: ,n a COMM.EXE.l�I��4,,2 4� WI a'`)aA4 official seal, SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTTTY(IES)) SIONATURE 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 re-attachment 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 be signed exactly as it is typed or printed. Il. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated, III. SIGNATURES FOR PARTNERSHIPS - Si ring party must be either a general partner or be authorized in writing to have the authority to sign for and in e partnership. IV. SIGNATURES FOR CORPORATIONS Documents should signed y two officers, one from each of the following two groups: GROUP 1. (a)The Chair of the Board b The President c Any Vice-President GROUP 2. a The Secretary lb An Assistant Secretary c The Chief Financial Officer d 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." 3C mw \\PWS4\SHARDATA\CnpDa.a\EagSvc\Forms\WORD FORMSIALL PURPOSE NOTARYdoc R@v,August 1.2001, COUNTY OF CONTRA COSTA :- DEP©W PIRMLT ' } OFFICE OF COUNTY AUDITOR-CONTROLL R MARTINEZ CALIFORNIA TO THE TREASURER: N RECEIVED FROM 1 1onu+iar) ORGANIZATION NUMBER } C{ ltt fAJi3�'K y (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. SUL LTASK OPTION ACTIVITY AMOUNT ACCt $ AAALI ;LY-CLS I I I I 1 1 1 -z5q 12-3 ILI I I I � j " l � i ( i JL L75106 E 8b 5,/9 S lest Ey X841 ! } till E PLANATION: , TOTAL $ i ! 2 :2 C) _`E7l 2 DEPOSIT y Deposit consists of the following items 'C 7 U� �... - -2 COIN and CURRENCY $ �- r CHECKS,M.O.,ETC. BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE 4t4721 1 wW 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. SDate II .v.+."✓ '�.-.t��Wry signed: Signed: . 7Tit! #C` ( (� EXT. _ 2 3 �,�C.j Deputy County Auditor Deputy unty Treasurer D-34 REV.(7-93). COUNTY OF CONTRA COSTA DEPOSIT PERMIT �-- OFFICE OF COUNTY AUDITOR-CONTROLLER 70 THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM i ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACC, TASK OPTION ACTIVITY AMOUNT og66 $ } � 5� ' d } 4'S>0 t, tv !r 6_7WI I t t E . } I t } } f E t t I } } t I I I t I 1 I I I EXPLANATION: TOTAL $ I DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT [)p 7 f NUMBER DATEf ASSIGNED The amount of money described above is for Treasu ' c@ipt of ave Dunt is d proved. Receipt of above amount is hereby ,deposit into the County Treasury. acknowledged. } 5igriCt C k'I...rL �' {Tate Signed. Signe Titl% r< ✓ 9X7 _ 1717-3` Deputy County Auditor Deputykounty Treasurer D-34 REV.(7-93) 0649-9665 / 831000: G1122309, $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 0649-9665 /831000: G1122311, Shapell Industries of North California, PO Box 361169, Milpitas,CA 95035 $10,,000.00, DA 0030, Drainage Acceptance Review $10,000.00, DA 0031, Drainage Acceptance Review 0649-9665 / 831000: GI 122312, $304,095.38, RA 1145, Road Acceptance Inspection Deposit, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 0649-9665 / 831000: GI 122313, $230,355.66, Sub 7562, Major Sub Inspection Deposit, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 0549-9665 /831000: GI 122315, $35,333.00,Sub 7609,Major Sub Inspection Deposit, John D. Curtis, 1235 EscobarSt. Martinez, CA 94553 0649-9665 /831000: GI 122316, $1,000.00,DP3048-00, COA Compliance Check,No Improvement plans, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-08010: G1122312, $74,200.00, RA 1145, Performance Cash Bond, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 819800-08010: GI 122313, $53,900.00, Sub 7562, Performance Cash Bond, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 819800-08010: GI 122314, $1,500.00, Sub7562, Performance Cash Bond, Shea Homes, 2580 Shea Center Drive, Livermore,CA 94550 819800-08010: GI 122315, $14,700.00,Sub 7609, Performance Cash Bond, John D. Curtis, 1235 Escobar St., Martinez, CA 94553 0682-9752 / 819200: GI 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: G1122315, $43,778.00, Sub 7609, COA27H Reliz Valley Rd Corridor Fee, John D. Curtis, 1235 Escobar St., Martinez, CA 94553 0683-9752 / 819300: Gl 122313, $10,000.00,Sub 7562, COA 84AU, Oakley/N. Brentwood AOB Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 828900-0800: GI 122180, $2,290.00, ECCTIA Traffic Fees, Radder& Carol Von Uhlit, 48560 Ursa Dr. Fremont, CA 94539 828900-0800: G1122181 $2,290.00,ECCTIA Traffic Fees,Delfino Laga, 80 Loftus Rd. Pittsburg, CA 94565 0648-9140/ 812100: GI122315,$18,'707.50,Drainage Deficency/Mitigation, Alhambra Creek, Jahn D. Curtis, 1235 Escobar St. Martinez, CA 94553 Developmneut N0» Sub 7562 - Bond. 6253051 Premium $1,080.00 W1tCtVBUWr SECURITY ECIC FOR DRAINAGE McROVEl N'T AGMENWNT (faithful'performance&maintenance,AND labor and materials) I. Q rug"T1 X: Shea Homes Limited Partnershipas Principal, and SAF Co insurance C2MRany of America a corporation organized and existing under the laws of the State sof.*k a l 1f o r m 1n and organized and emoting under the laws of the Mate of Wforna,as Surety,hereby jointly and sweraily bind ourselves,our heirs,executers,administrators.suomsors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performaum& afntenta nee- OneHmLdmd P fly-four Thousand Thme 1-Umdred boll"and 00/100 ( for itself or any city-assignee under the below-oitod D mi ge provermettt Agreement plus B. L4bor&Mat als; $eve*Seven Thou d Nint Hundred Bolt n and 001100 ($2 7JOB.OP )for the benefit of persons protected under Title lS §et seq, sof the California Civil Code. 2. The principal contracted with the County to Malt and pay for drainage and other improve rments iu S u B 7 5 6 as specified in the Drainage Improvements A.greernent, and to complete: said work within the time specified in the Drainage bnpwvement Agm=wt for completion,all in accordance with State and:load laws and mlings thereunder in order to satisfy the conditions of approval for Sub 7562 — collect and aonvay . CM : tf thei principal it ally perfotr is all things requited according to t ta=and conditions of said contract and improvement plan and finprovem nts agreed on by the ptindpal and the County,then ft obligaffon as to Section 1-(A) above shall become null; and v�o dt except that the 'guarantee of xnaintetxanoe continues for the cine-yen period;and ifprincipal filly pays the contractors,subcontractors, and persons renting equiprum t or thing labor or materials to them for said work and improvement,and protects the praises from comms of such lid,then this obligation as to Section 1-(13)above shall:become null and viroid;otherMse this obligation remains in full force=4 effect. No alterad-on of said contract-oar any plans or specifications of said work Wood to by the Principal and the county shall relieve any surer from liability on this bond; and consent is hereby given to make such adterratom+without further 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;a that if County sues on;this bond,Surety will pay ressonable attorney fees&ext by court to be taxed as costs and included in the judgement 3. �rTION: 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 ail things stand to and abide by, and well and truly}seep 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 tree 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 shalt 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 aunouunt specified therefore,there shalt 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,sgbcontractor^s,laborers,material mein and other persons wVloye d in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or tabor thereon of any kind,or for amounts due under the Unemployment Tnsura=Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above sot forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount the:reo& 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 casts 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 pasorL%cornpades and corporations entitled to file claims winder Title 15(=Memmg with Section 3082)of fart 4 of Division 3 of the Civil Code„so as to give a right of acdo n to thein or their dans in any suit brought upon this bond.. Should the condition of this bond be fatty perfb=ted then this obligation slxall become null and void, otherwise it shall.be and remain in full force and effect. C. NO alteration of said subdivision agreemeat or any plan or specification of said work agreed to by the Principal and the Carnoy shall relieve any Surety from tiabiiity on this bond; and consent is hereby given to make such alteration without further notice to or c-Owcut 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. SEALED on November 11, 2003 P`JNCJpA,T, Shea Homes Limited Partnership* SIMTY <SAFECO Insurance Company of America By cots a an i, ttorney-in-Fact „ddrss� er Address 330 N, Brand Blvd, Suite 10 9 Livermore, C 4550 Glendale, CA 91203 BY* *A California Limited Partnership It By: J.F. Shea LLC, A Delaware Limited Liability Company Its General Partner ............ .............................................. ............ .....................................................................__ .............................. _ STATE OF CALIFORNIA) COUNTY OF ALAMEDA)ss. On November 12 2003 , before me, Laurel Wilson,Notary Public, personally appeared Donald A.Hofer and Layne Marceau ,personally knownto me(or proved tome on the basis of satisfactory evidence)to be the persons)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 capacity(ies), and that by his/her/their signature(s)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. L. WIL a •w. NOTARY PUBW LIF -A is ALAIMEo�courts �� Signature: COMIK Elf MARCH 4,2034.a OPTIONAL 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 Document Title/Type Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ Tap of Thumb Here Individual Corporate Officer- Title(s): _ Partner: _Limited General Attorney-in-Fact Trustee Guardian or Conservator _ Other: Signer is Representing STATE OF California SS. COUNTYOF Orange On November 11,2003 before nae, V.Stockton, Notary Public PERSONALLYAPPEARED Scott Salandi personally known to me(or proved to me onthe 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 hislherltheir authorized capacity(ies),and that by hislherltheir signature(s)on the instrument,the person(s), or the entity upon behalf' V STOCKTON alf which the person(s)acted, executed the instrument. ommission#1367229 C ENotary Public-Galifomis WITNESS my hand and official seal. Ow"Coamty ifs ,1uFiC'A.2��d Signature y 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 11,2003 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME CSF PERSON(S)OR ENTI Y'(JES) SAFECO Insurance Company of America Shea Homes Limited Partnership SIGNERS OTHER THAN NAMED ABOVE )D-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT POWER SAFECO INSURANCE COMPANY OF AMERICA SAFECO-► OF ATTORNEY HOME OFFICE SGENERAFECO PLAZA OMPANY OF AMERICA SEATTLE,WASHINGTON! 9B1$5 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;JOHN D.MILLER;SCOTT SALANDI;Santa Ana,California.."`*****­­1................... 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 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 33 -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 o€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 seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however,that the seat 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, 3970. "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 (€i) 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.,, i,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 stilt in fust force and effect, IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 11th day of November 2003 cft Comm SEAL SEAL c � CHRISTINE MEAD,SECRETARY S-09741SAEF 2MI Gl A registered trademark of SAFECO Corporation 0511312003 PCF RESOLUTION OF THE EXECUTIVE COMMITTEE 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 after their respective names,and will serve for the remainder of the year or until their successors are elected and qualified: RESOLVED,that a ny o ne o f the following named o fficers o f t he C ornpany: 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 as the general partner of Shea Homes Limited Partnership("SHLP"),or as general partner of Shea Homes 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 t o p urchase,a scrow i nstructions,a nd a ny r elated d ocuments i n c onnection 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 0.Shea,Vice President Peter 0.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.Wifliam Gaboury,Vice President Karyl A.Gately,Vice President Max B.Johnson,Vice President Ronald L.Lakey,Vice President Chester T.Latcham,Vice President Layne Q:Marceau,Vice Presides t' 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.O'dell,Vice President&Treasurer y 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 Thom 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 Hnfcr,ai4sststart€S$eretaty.: Dale Holbrook,Assistant Secretary Steve Howry,Assistant Secretary Catherine M.Huff,Assistant Secretary Lori.Tones,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 4 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.Qbernesser,Assistant Secretary Michael D.Odette,Assistant Secretary Brad Olsen,Assistant Secretary David Olson,Assistant Secretary Steve Ormiston,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 Carol A.Ryan,Assistant Secretary Jeff Salai,Assistant Secretary Wm. S.Seemaann,Assistant Secretary Ping Shaw,Assistant Secretary Edmund H.Shea,111,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 Charlaine 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 F.Toffoli,Assistant Secretary Linda C.Tang,Assistant Secretary Michael J.Tracy,Assistant Secretary Ruth Truman,Assistant Secretary John B.Vance,Assistant Secretary John Vander Velde,Assistant Secretary Martin VliegenthaM Assistant Secretary Laura W.Vuolo,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 2l st day of July,2003, BY MEMBERS OF THE EXECUTIVE COMMITTEE '' Jo F.Shea Edmund H.Shea,Jr. ;By:.", ry . er O.Shea Peter O.Shea,Jr. �+ F v� By: wo i/1 R.F.Selva