HomeMy WebLinkAboutMINUTES - 06222004 - C.1-C.5 TO: BOARD OF SUPERVISORS
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FROM: MAt'RICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: June 22, 2004
SUBJECT: State Route 4 East, Railroad Avenue to Loveridge Road, Pittsburg Area. District V
Project No. 4660-6X4287 Task: AC+Q Account: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
[. Recommended Action:
A. APPROVE the Relocation Assistance Claims listed below:
Claimant Claim Date Payee Amount
Dana Vincent Moving Expense 5/11/04 Credit Revolving Fund $202.50
Larry Tyler Moving Expense 5/11/04 Credit Revolving Fund $337.50
Emilio Renteria Moving Expense 5121104 Credit Revolving Fund $337.50
Stacey Bamford Moving Expense 5/04/04 Credit Revolving Fund $337.50
William Ramirez Moving Expense 5/21104 Credit Revolving Fund $236.25
Junko Fukuchi Moving Expense 5/04/04 Credit Revolving Fund $236.25
Freddie Rodriguez Moving Expense 5104/04 Credit Revolving Fund $202.50
Peggy Lawson Moving Expense 5/10/04 Credit Revolving Fund $236.25
Glenn Hill Moving Expense 5/28/04 Credit Revolving Fund $337.50
Myma Soukhanoff Moving Expense 5/03/04 Credit Revolving Fund $202.50
Billie Jiles Moving Expense 4/28/04 Credit Revolving Fund $236.25
Connie Roberts Moving Expense 5/14/04 Credit Revolving Fund $236.25
Vivian Jeffrey Moving Expense 5/03/04 Credit Revolving Fund $371.25
`Willie Middleton Moving Expense 5/20/04 Credit Revolving Fund $202.50
Continued on Attachment: X SIGNATURE: y -AL/L
b- COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
,Af15-ROVE OTHER
SIGNATURE(S):
ACTION OF BOATED# N JIJ 22, 2004 APPROVED AS RECOMMENDED xx OTHER
VOTE OF SUPORV ORS
xx UNANI` US(ABSENT I & V )
AYES: NOES:
ABSENT: ABSTAIN: 1 hereby certify that this is a true and correct
copy of an action taken and entered on the
CS:eh minutes of the Board of Supervisors on the
G:1GrpData\RealProp12004-Files\BOS&REaBOSecPub3.doc date shown.
Div: Public works(RIP)
Contact: C.Sousa{313-2223} ATTESTED JUNE 22, 2004
cc: County Administrator JOHN SWEETEN,Clerk of the Board of
Auditor-Controller(via R/P) Supervisors and County Administrator
P.W.Accounting By_ Deputy
Board Orders Clerk Specialist,Admin.
Subject: State Route 4 East, Railroad Avenue to Loveridge Road. Pittsburg Area.
Date: June 22, 2004
Page: 2
B. AUTHORIZE the Principal Real Property Agent to sign said claim forms on behalf of
the County.
C. AUTHORIZE; the Public Works Director to charge the project by Journal Entry the sum of
$3,712.50 and credit the revolving fund monies for the same amount as advanced by the
Contra Costa Transportation Authority.
If. Financiallmpact:
Payment totaling $3,712.50 to be made from the State Route 4 East Widening Project, Railroad
Avenue to Loveridge Road, which is 100% reimbursable from Contra Costa Transportation
Authority.
IIL Reasons for Recommendations and Background:
The claimants are occupants at Security Public Storage, 701 Bliss Avenue, Pittsburg, a storage
facility from which they are being displaced because of the highway widening project. The
payments are part of the relocation entitlement required by Government Code § 7260, et. Seq.
IV. Consequences of Negative Action:
The County will not be in compliance with State and Federal law.
�••-
4;2-
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: June 22, 2004
SUBJECT: Rescind Resolution No. 2004/238 approving Notice of Intention to sell County surplus real property.
[SCH No. 97102003].
Project No.: 4660-6X4287 Task: ACQ Account: 3540
SPECIFIC REQUESTTS)7R &BACKGROUND AND 1179TIFIVXTION
I. Recommended Action:
RESCIND Resolution No.2004/238,adopted on May 11,2004,approving Notice of Intention to sell County surplus
real property identified as various lots located on the south side of Sate Route 4 between Crestview Drive and Abbott
Avenue.
II. Financial lmpact: None.
III. Reasons for Recommendations and Background:
The City of Pittsburg Redevelopment Agency has expressed an interest in negotiating with the County to purchase the
above surplus property for the development of affordable housing. Pursuant to Government Code Section 54222,the
County is required to consider all interest from other public agencies before selling the surplus property at public
auction.
IV. Consequences of Negative Action:
The County will not be in compliance with Government Code Section 54222, which it is required to follow when
disposing of surplus real property.
Continued on Attachment: SIGNATU
—imiCOMMENDATION OF COUNTY ADMIN ST OR
_RECOMMENDATION OF BOARD CO "EE
,-APPROVE OTHER
SIGNATURE(S):
ACTION OF BOA ON JUNE 22, 2004 APPROVED AS RECOMMENDED_.x.OTHER
r t
VOTE OF SUPERVISORS
xx UNANIMOUS(ABSENT I & V
AYES: NOES:
ABSENT: ABSTAIN:
OR:eh I hereby certify that this is a true and correct
G:\GrpData\tealProp12004-Files\BOS&RES\BO.12 Rescind Sate Surplus.doc copy of an action taken and entered on the
Orig.Div: Public Works(RIP) minutes of the Board of Supervisors on the
Contact: Olivia D.Reynolds (313-2306) date shown.
cc: County Administrator J1JNE 22 2004
Auditor-Controller(via R/P) ATTESTED:
P.W.Accounting JOHN SWEETEN,Clerk of the Board of
Recorder(via R/P) Supervisors and County Administrator
By Deputy
03
4
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 22, 2004, by the following vote:
AYES: SUPERVISORS UILKEMA, DESAULNIER AND GREENBERG
NOES: NONE
ABSENT: SUPERVISORS GIOIA AND GLOVER
ABSTAIN: NONE
RESOLUTION NO. 2004/ 332
SUBJECT: Approve the Drainage Improvement Agreement DA 0030 (cross-reference
Subdivision 8306),being developed by Shapell Industries of Northern California, a
Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty
Valley) area. (District IIT)
The following document was presented for Board approval this date for, drainage improvement
agreement DA 0030 (cross-reference Subdivision 8306), property located in the San Ramon
(Dougherty Valley) area, Supervisorial District III.
A drainage improvement agreement with Shapell Industries of Northern California, a
Division of Shapell Industries, Inc., a Delaware Corp.,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
Originator:Public Works(BS) and entered on the minutes of the Board of Supervisors on the date
Contact: Ter Rie(313-2363)
MIM
shown.
G1GrpUata\PngSvc1BO\200410b-22-04\DA 0030 Bo-20.doc
cc: Pubic Works- T.Bell,Construction
T-April 22,2004 ATTESTED: JUNE 22, 2004
Shapell Industries of Northern California
Attu:Steve savage,Sam Worden JOHN SWEETEN, Clerk of the Board of Supervisors and County
.4 N.Milpitas Blvd. Administrator
M:7pitas,CA 95035
National Fire insurance Company of Hartford
Atm:Pamela Stocks
5820 Canoga Ave.,Ste 200 a
Woodland Hills,CA 91367
By ,Deputy
RESOLUTION NO.2004/. 332
SUBJECT: Approve the Drainage Improvement Agreement DA 0030 (cross-reference
Subdivision 8306),being developed by Shapell Industries of Northern California, a
Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty
Valley) area. (District III)
DATE: June 22, 2004
PAGE: 2
L Cash Bond
Performance Amount: $53,000.00
Auditor's Deposit Permit No, DP423765 Date: April 29, 2004
Submitted by: Shapell Industries of Northern California
Taxpayer identification number: 95-2578030
II. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929 299 741 April 20, 2004
Performance Amount: $5,243,100.00
Labor&Materials Amount: $2,648,050.00
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc., a Delaware Corp.
NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTUION NO. 20041332
DRAINAGE IMPROVEMENT AGREEMENT"
Subdivision: Gale Ranch III 1 DA 0030 Effective Date:
Developer: Sha 11 Industries of Nlorthern California. Completion Period: 1 year
A Division of ShMell Industries.Inc. •C r.:n 1 C�,
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY /�.----•� DEVELOPER
Maurice M.Shin,Public Works Director i Shapell Industries of Northern California,
A Division of Sha 11 Industries,Inc.
By: /> -�r- 1 v (Sigaatute} :
01tint Mame mai Title)
RECO ME,NDjtb F4APPROVAL t� �•- AsA.
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By: (sipatare)B
Engineering S ices bivision (t'r9at I UX mal ride)
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FORM APPROVED: 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. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-named
Develorter,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 mariner 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 e-6bnnance and Guarantee: $ 3 00.00 cash,plus additional security,in the amount of$50243.100.001 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.
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.
.S50 vi�izz fi ty leerlt(50 ofthe stimat d cost of the work-Suz It securlt 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 594-4.408 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.
S. 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 anytime 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 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.
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 actor 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. NQN-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.
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11PWS4V"HARDATANGrpDatalEngsvcTornu\AG WORMAG-17.doc
Rev.April 6,2000
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
l
State of California s
County of Santa Clara
�z On April 21, 2004,before me,Janice T. Kruse,Notary Public personally appeared
Robert D. Moore and Ken Cox known to me to be the persons whose name are s�
subscribed to the within instrument and acknowledged to me that they executed the same
s in their authorized capacities, and that by their signature on the instrument, the persons or ?>
the entity upon behalf of which the persons acted, executed the instrument.
� I
SZ
JAWCE T.KRUSELo
� caasrom+a 697 commusbn
WITNESS my hand and official seal.
NotSarda Ckaa CourRy
*Cv"tM0aAmg24.
Signature of Notary Public
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Optional Information
;{ 1.
Title or Type of Document: Drainaze Improvement Agreement- Gale Ranch III s
DA0030 <<
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s Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of %
Shapell Industries,Inc. <l
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0649-9665 / 831000: G1123028, $1,500.00, Sub 8534, Plan Check Deposit,
Signature Properties, P70 Willow Road, Suite 200, Pleasanton, CA 94588
0649-9665 / 831000; G1123040, $78,438.00, Sub 8580, Major Sub Plan
Check, Hoffman Land Development, 1380 Galaxy Way, Concord, CA 94520
0649-9665 / 831000: G1123041, $65.242.00, Sub 8827, Major Sub Plan
Check, Hoffman Land Development, 1380 Galaxy Way, Concord, CA 94520
0649-9665 / 831000: G1123048, DG0027, Shapell Industries of Northern
California, 100 N. Milpitas Blvd, Milpitas, CA 95035
$10,000.00, Drainage Review
$16,800.00, Drainage Inspection
0649-9665 / 831000: G1138801, RA1138, Shapell Industries of Northern
California, 100 N. Milpitas Blvd, Milpitas, CA 95035
$1,000.00, Plan Check
$22,000.00, Inspection Deposit
0649-9665 / 831000: G1138804, $241,80.00, DA0030, Inspection Fee,
Shapell Industries of Northern California, 100 N. Milpitas Blvd, Milpitas, CA
95035
819800-0800: G1123047, $3,000.00, DA 0027, Cash Bond Guarantee of
Performance, Shapell Industries of Northern California, 100 N. Milpitas
Blvd, Milpitas, CA 95035
819800-0800: G1123050, $4.100.00, RA1138, Cash Bond, Shapell Industries
of Northern California, 100 N. Milpitas Blvd, Milpitas, CA 95035
819800-0800: G1138803, $53,000,00, DA 0030, Cash Bond, Shapell
Industries of Northern California, 100 N. Milpitas Blvd, Milpitas, CA 95035
0635-9752 / 824000: G1138262, $334.00, 8544, Permit# 8348279
Traffic Fees, Finish Line Framing—D.Davis, 1636 Pacheco Blvd. Martinez, CA
94553
COUNT _t CONTRA COSTA - GENER RECEIPT
f r , .'1� 5' e <%t�f� Q699 NOT A RECEEI
DEPT: THIS COPY
RECEIPT IS 1 1 3 8 8 0 3
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DOLLARS$
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FOR
CASH ACCT.
RECEIVED FROM
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CHECK PAID ';
ORDERI I DUE •._,.r,.
' if%rf1 .3'+s°. 1'p,(`'( ��`/1 i%�tt� ..✓ fi -..�''
By:
(D57,REV.7/89) `
Development No: DA-0030,Gale Ranch III
Band: 929 299 741
Premium: $39,323.001
IMPROVEMENT SECURITY BOND
FOR DRAINAGE IMPROVEMENT AGREEMENT
(faithful performance&maintenance,AND labor and materials)
OBLIGATION: Shapeii industries of Northem Cafifornia,A Division of Shapeii Industries,inc.,a Delaware Corp l?rincl al), as
Principal,and_National Fire insurance Company of Hartford �W�� aS
a corporation organized and existing under the laws of the State of _C
and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally
bind ourselves,our heirs,executers,administrators,successors and assigns to the County of Contra Costa,
California to pay it;
A. Faithful Performance,&. Maintenance: Five Million Two Hundred Forty Three Thousand One Hundred No/100**
(S_.5 243,100.00** _ } for itself or any city-assignee under the below-cited Drainage
Improvement Agreement,plus
B. Labor& Materials: Two iirtiilion Six Hundred Forty Eight Thousand Fifty No/100**
($ 2,648,050.00** ) for the benefit of persons protected under Title 15 § et seq. of the
California Civil Code.
2... RFCITAL OF CONTRACT. The principal contracted with the County to install and pay for drainage and
other improvements in DA-0030,Gale Ranch Iii _ , 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 w_ DA-0030,Gale Ranch III
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 I-(A) above shall become null and void, except that the guarantee of
maintenance continues for the one-year period; and ifprincipal fully pays the contractors, subcontractors,
and persons renting equipment or furnishing labor or materials to them for said work and improvement,and
protects the premises from claims ofsuch liens,then this obligation as to Section I-(B)above shall became
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 bond; and consent is hereby given to make such
alterations 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 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. CONDITION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and provisions in the
said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and
performed at the time and in the manner therein specified.,and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa(or city
assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become
null and void; otherwise it shah be and rernain 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, 8.11 to be taxed as
costs and included in any judgement rendered.
Ba The condition of this obligation as to Section 2..(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors,laborers,material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance.tact with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount hereirl.
above set forth, and also in case suit is brought uponthis bond, will pay, in addition to the fact,
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred.by County (or city assignee)in successfully enforcing such obligation,to be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3 082)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 of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and rennain in full force and effect.
Cs leo 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 horn liability on this bond;and consent is hereby
given to make such alteration without further notice to or consent by Surety;and the Surety hereby
waives the provisions of California Civil Code Section 2819,and holds itselfbound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on Apri120,2004
Shapell€ndusMes of Northern California,A Division
PRIN of Shape€l Industries,Inc.,a Delaware Corp.__ SURE TV tions€Fire Insurance C�pany of Hartford
By By
amara oc s, fttrrrse an=Fact
_ ... .-4
Addre- 109 N.Milpitas Ivd.,Milpitas,CA 95035�u Address 5820 Canoqa Avenue,Suite 200 _ _ -
By Woodland Hills, CA 91,367 818-713-2031
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U;tir:plJztalras�Svclt�c�mis\A?•1 W:)f2C3tliN-iQ.tkUc
Rel,,Apni 21( D04
POWER OF AT'T'"RNEY APPOINTING INDIVIDUAL ATT$-kRNEY-IN-FACT
Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a
Connecticut corporation,and American Casualty Company of heading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"),
are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the
signatures and seals herein affixed hereby make,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Manner,Individually
of Sherman Oaks,CA,their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their
behalf bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the
acts of said Attorney,pursuant to the authority hereby given 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 9th day of July,2003.
ttistiA Continental Casualty Company
National Fire Insurance Company of Hartford
OWORATSAmerican Casualty Company of Reading,Pennsylvania
O 2 JULY 31,
$x}11- `C '
1912
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Michael Gengler Se ' Vice President
State of Illinois,County of Cook,ss:
On this 9th day of July,2003,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 Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire
Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation
described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such
corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto
pursuant to like authority,and acknowledges same to be the act and deed of said corporations.
OFFICIAL SEAL
Irt.12+4 PRICE
lfOfARY PV06lC..6FA7L Of 6diN016
MW 6OMMIMOM EXPIRES.06H 7106
My Commission Expires September 17,2005 Eliza Price Notary Public
CERTIFICATE
1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the
Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations
printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
20th day of APri.1 2004
VASW a Continental Casualty Company
National Fire Insurance Company of Hartford
ire .,titrrp American Casualty Company of Reading,Pennsylvania
SEAL
t8�7
Mary A.qikallkis Assistant Secretary
Form F5853
Authorizing By-Laws and Resolution-
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article IX--Execution Execution of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice
President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of
insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact, subject to the limitations set forth in their
respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of
Directors,may,at any time,revoke all power and authority previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 170'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 1X of the By-Laws, and the signature of the Secretary or an Assistant
Secretary and the seat of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article V1--Execution of Obligations and Appointment of Attorneydn-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 a meeting duly called and held on the 176 day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board
of Directors of the Company.
"RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,
appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and
other obligatory instruments of like nature. Such Attorney-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 17'h day of February,1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the
Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,
1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such
power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so
executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to
be valid and binding on the Corporation."
State of CALIFORNIA
County of LOS ANGELES
On April 20, 2004 before me, Sandy Hanner- Notary Public
Date NAME, TITLE OF OFFICER.,"JANE DOE, NOTARY PUBLIC"
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
{ x } personally known to me —OR — (—.._.) proved to me on the basis of satisfactory evidence to be
the person() whose name(#islAmmubscr€bed to the within instrument and acknowledged to me that
Ngk`she/Jftexecuted the same in his/her/tWILauthorized capacityoge, and that bytWher/t
signature(s) on the instrument the person(g), or the entity upon behalf of which the person(tit) acted,
executed the instrument.
If
WITNESS�ny hand and offiti I seal.
SANNDY HANNER
Comrseission#1362157 ' ��' {
Notary Public-California `StCaNA1 IRE OF NOTARY
Los Angeles County
My Comm.Expires Jul 2,2006 OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SINNER DESCRIPTION OF ATTACHED DOCUMENT
(_ ) INDIVIDUAL
("�} CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
GENERAL
NUMBER OF FACES
( } ATTORNEY-#N-FACT
TRUSTEE(S)
( �} GUARDIANICONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING.
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company
of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
G-107426-8
NOTICE
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 Beading, PA, The Fi'remen's
Insurance Company of Newark., I`J, and The Continental Insurance Company.
M E OF PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00),
DIS-C OSEU RAL P TI N IN PAYMENT OF TERRORI
LO ES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Form M10
{M �.�n��ivvvvivnNw,ww,��,wv >_�, ..vv��n,�:v,. f v�� v✓w✓..�,+i. a ., �.w�;�r v�.,vwv�,���w��.�iv.Fvw
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT �s
State of California
County of Santa Clara
1
On April 21,2004,before me,Janice T. Kruse, Notary Public personally appeared >s
Robert D. Moore and Ken Cox known to me to be the persons whose name are
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities, and that by their signature on the instrument, the persons or
the entity upon behalf of which the persons acted, executed the instrument. �s
'
IKMMN
Catff***# 1318697 WITNESS my hand and official seal. �
S190ature of Notary Public >
Optional Information
�5
Z
Title or Type of Document: Improvement Bond for Drainage Improvement �I
Aereement- Gale Ranch III-DA-0030-Bond#
s 929299741
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary o€
s Shauell Industries, Inc. 5
5�
`S
V.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFOWNI
Adopted this Resolution on June 22, 2004 by the following vote:
AYES: SUPERVISORS UILKEMA, DESAULNIER AND GREENBERG
NOES: NONE
ABSENT: SUPERVISORS GIOIA AND CLOVER
ABSTAIN: NONE
RESOLUTION NO. 2004/ 333
SUBJECT: Approve Drainage Improvement Agreement (Right-of-Way Landscaping) for
Lower Main Branch Alamo Creek, DA 0030 (cross-reference Subdivision 8306)
being developed by Shapell Industries of Northern California, a Division of
Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District III)
The following document was presented for Board approval this date for Shapell Lower
Main Branch Alamo Creek, Drainage improvement agreement DA 0030 (cross-reference
Subdivision 8306) located in the San Ramon(Dougherty Valley) area.
A Drainage Improvement Agreement (Right-of-Way Landscaping) with Shapell
Industries of Northern California, a Division of Shapell Industries, Inc., developer, whereby said
developer agrees to complete all improvements as required in said Drainage Improvement
Agreement (Right-of-Way Landscaping) within one year from the date of said agreement.
Improvements generally consist of creek restoration landscaping.
Said document was accompanied by Security to guarantee the completion of drainage
improvements (right-of-way landscaping) as required by Title 8 and 9 of the County Ordinance
Code, as follows:
I. Cash Deposit
Deposit Amount: $4,600.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 424359 May 11, 2004
JY:rm
G:\GrpDatalEngSvc\BO\2004106-22-04\DA 0030 BO-20A.doc
Originator: Public works(ES) I hereby certify that this is a true and correct copy of an
Contact: Teri Rocaction taken and entered on the minutes of the Board of
T.T.
cc: Public Worksks- Bell,Construction
e1
Current Planning,Community Development Supervisors on the date shown.
T—Jeff Ysmael(P I)
Shapell Industries of Northern California
Attn:Sam Worden,Steve Savage&Jim Gold ATTESTED: JUNE 22, 2004
100 North Milpitas Blvd.
Milpitas,CA 95035 JOHN SWEETEN, Clerk of the Board of Supervisors and
National Fire Insurance Company of Hartford County Administrator
5820 Canoga Ave.,Ste 200
Woodland Hills,CA 91367
City of San Ramon
Attn:Chris Low
3180 Crow Canyon Place,Ste 140 By ,Deputy
San Raman,CA 94583
RESOLUTION NO.2004/ 333
SUBJECT: Approve Drainage Improvement Agreement (Right-of-Way Landscaping) for
Lower Main Branch Alamo Creek, DA 0030 (cross-reference Subdivision 8306)
being developed by Shapell Industries of Northern California, a Division of
Shapell Industries, Inc., San Ramon (Dougherty Valley) area. (District III)
DATE: June 22, 2004
PAGE: 2
H. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929 299 746 April 29, 2004
Performance Amount: $460,000.00
Labor&Materials Amount: $232,300.00
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc.
NOW THEREFORE BE IT RESOLVED that said Drainage Improvement Agreement
(Right-of-Way Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/333
DRAINAGE IMPROVEMENT AGREEMENT
(Right Of Way Landscaping) /
Subdivision: 174 0030(cross-reference Subdivision 8306) Effective Date:
Developer: Shapell Industries of NorthernCalifornia. Completion Period: 1 year
a Division of Shapell Industries,Inc.
THESE SIGNATURES ATTEST TO TEE PARTIES'AGREEMMNT HERETO:
CONTRA COSTA COUNTY DEVELOPER
Maurice M.Slim,Public Works Director Shapell Industries of Northern California,
a Division of Shapell Industries,Inc.
{{y
1
Y'
•i ; (Prim Name and Till) � 00RECOMMENDED FOR APPROVAL c>Y -4- P'
"r—
By:
Engineering S6icfPivis4n CPr;mt N=e and.'Tide)
FORM APPROVED: Victor I.Westman,County Counsel '
VOTE: All signatures to be acknowledged.If Developer is incorporated,siguabaes uwst
conform with the designated representative groups pursuant to Carporadons Code3313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-named
Developer,mutually promise and agree as follows concerning this acceptance:
2. RvIPRO7 MENTS.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 mariner 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: $4,600 cash,plus additional security,in the amount of$460.000 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.
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 workunanship or materials or any unsatisfactory performance,
B. For PEment: Security in the amount of$232.300,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 594-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY Or WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of ane-year from and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6, "Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and
other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant
establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the Improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement pians prove to be inadequate in any
respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any,
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/.or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages anis€ng from the failure to comply with of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The Indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive
boards, commissions,officers,agents, and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions defined below,and including personal injury,death, property damage,inverse condemnation,or any combination of
these, and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said
improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceedings)concerning
said liabilities and claims.
C. The actions causing flab_ lilly are any actor omission(negligent or non-negligent)in connection with the matters covered by
this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer, agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specifications)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of
any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and
subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract, overhead, etc,)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the
County proceeds to complete and/or maintain the work.
Once action Is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred In completing or maintaining the
work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in
territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter
of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
:k%Vap
G.AGrp0ata\Eng5vc\Sisva\Ga1s RanchlRA'135LRA1135 Landscape improvement Agraement.doc
Rev.May 18,2001
_....................................................................._....................................-------_-----_--
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
s�
County of Santa Clara
5
On June 3,2004,before me,Janice T. Kruse,Notary Public personally appeared.,
Robert D. Moore&Marie A. Cock personally known to me to be the persons whose
s names are subscribed to the within instrument and acknowledged to me that they
s executed the same in their authorized capacity, and that by their signature on the
instrument the persons, or the entity upon behalf of which the persons acted.,executed the
instrument.
>� Cammbs#an#1318&5+7
Nottwy Pum c°&MV0 ',WITNESS my hand and official seal. �
soft CIO Cordy S�
Signature of Notary Public
Optional Information �
Title or Type of Document: Drama a In ro vement A reement-Landsca a Right pf
Way Tract.8306
� s
Capacity Claimed by Signer: Assistant Vice Presidents Shapell Industries.Inc.
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DEPOSIT PEP-MIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
> MARTINET,CALIFORNIA
To T4 TREASURER:
RECEIVED FROM
ORGANIZATION NUMBER
lam)
(Far Cash Collection Procedures see County Administralor's Bulletin 105.)
DE5CRIPTIC)NFUND/ORG. ASUL TASK C►PTICN ACTIVITY AMOUNT
d Gc X3'7 .
�66, ?31 f
I
L . s '
A _ f 1 q&
E
- - Y ISO S V927 0 119-5
�� t�tt+✓r i� I cS Ll C�
106
i
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LANAT TOTAL $ i
r DEPOSIT c 53 a 103
p cm6ts of the following items
and CURRENCY $
Mme,ETC. 3
BANK DEPOSITS ffi
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT D
"NUMBER
DATE 4 4 1� '04
ASSIGNED �—
The amount of money described above is for Treasurer=s receipt of above amount is approved. Receipt of above amount is hereby
sit into the County Treasury acknowledged. �
pate-5 1" UAW
� ,
l� Signed:
1.
Title: t'"I L t EJCT. ,t_ Depute'Counh''Avditar pa{wtY Ca�mtY Trdasurer.
.34 REV(7-93)
0649-9665 / 831000: 61138592, $5,000.00, Sub 8827, Map Check Deposit-
Major Sub, Hoffmann Land Development Company, 1380 Galaxy Way,
Concord, CA 94520
0649-9665 / 831000: G1138594, $5.000.00, Sub 8796, FS 04-000007,
Improvement Plan Check Fee Deposit, The Vineyards at Marsh Creek, 3820
Blackhawk Rd., Danville, CA 94506
819800-0800: G1138553, 12TI-1
9.000.00 DA 00303, Landscape Cash Bind,
Shapell Industries, 100 N. -- T
Milpitas, CA 95035
t .f+fla+�^ f5b
819800-0800: G1138554, $22 600(. I
.t1DA 0027, Landscape. Cash Bond, �-
Shapell Industries, 100 N. Milpitas, lvd, Milpitas, CA 95035L
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COUNTY "`F CONTRA COSTA — GENEP L RECEIPT
THIS COP
DEPT: 4'r 11 ?a9lYIS G1138553
amcr NOT A RECEIPT
, ; DOLLARS4
FOR '_ '° j,�`�?� - ?
GASH ACCT.
BAL.
RECEIVED FROM
,� CHECK AMT. i
- � PAIDf
{ j }� MONEY BAL.l- ORDER DUE
By:'-
(957,REV.7189) /
Development No: DA 0030 (Crass-Ref.SUB 8306)
Bond: 929 299 746
Premium: $3,450.04
IMPROVEMENT SECURITY BUND
FOR DRAINAGE IMPROVEMENT AGREEMENT
(Right of Way Landscaping)
(faithful performance&maintenance,AND labor and materials)
1. OBLIGATION: Shapell Industries of Northern California a Division of Shapell Industries, Inc., as
Principal,and National Fire Insurance Cornpany of Hartford,a corporation organized and existing under the
laws of the State of Connecticut and authorized to transact surety business in 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. Faithful Performance,&Maintenance: Four Hundred Sixty Thousand Dollars($460,000)for
itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus
B. Labor&Materials: Two Hundred Thirty Two Thousand Three Hundred Dollars($232,300)
for the benefit of persons protected under Title 15 § et seq. of the California Civil Code.
2> RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and
other improvements in DA 0030(Cross-reference Subdivision 8306)Gale Ranch Phase 3,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 8306.
., , .., _ e.
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 one-year period; and if principal fully pays the contractors,subcontractors,
and persons renting equipment or furnishing 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 I-(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 bond; and consent is hereby given to make such
alterations 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 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. CONDITION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the move bounded
Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and provisions in the
said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and,
performed at the time and in the manner therein specified,and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra. Costa (or city
assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the perfonnance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and
fixed by the court; and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond;and consent is hereby
given to make such alteration without further notice to or consent by Surety;and the Surety hereby
waives the provisions of Califomia Civil Code Section 2819,and holds itself bound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on April 29,2004
Shapel!Industries of Northern California,a Division of
PRINCI Shapell Industries,Inc. SURETY National Fire Insurance Company of Hartford
Gina Ih�ea,Attarney-ir:- act
Address 100 N. Milpitas Blvd., Milpitas, CA 95035 Address 5820 Canoga Avenue,Suite 200,Woodland Hills,CA 94367
By
G:\G:pDala\EngSvc\Slava\Gale Ranch Phase 3\DA 0030-;-ower Main Branch',DA 0030 landscape Bond Agreement AN-:O.doc
Aey„Apri129,2C0�,
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a
Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"),
are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the
signatures and seals herein affixed hereby make,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually
of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their
behalf bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind theta thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the
acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly
adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 16th day of April,2004,
AS Continental Casualty Company
' National Fire Insurance Company of Hartford
ocA *e �. +► ar�p American Casualty Company of Reading,Pennsylvania
SEAL asst L ,�
Michael Gengler Sant Vice President
State of Illinois,County of Cook,ss:
On this l6th day of April,2004,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 Senior Vice President of Continental Casualty Company,an Illinois corporation,National
Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation
described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such
corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto
pursuant to like authority,and acknowledges same to be the act and deed of said corporations.
OFFICIAL SEAL •
Ei t PRICE
t+arA€cr P �r-axAre OF a.taaals
MY C6iHMBOPOt9 EIfDfREb:OOM 70"s
My Commission Expires September 17,2006 4liza Price Notary Public
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the
Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations
printed on the reverse hereof is still in force. In testimony whereof have hereunto subscribed my name and affixed the seal of the said corporations this
29th day of April. i 20104 .
Ct 01A1
Continental.Casualty Company
National Fire Insurance Company of Hartford
Mow
American Casualty Company of Reading,Pennsylvania
C BEAT. ts2 s
ISO? • C..C...
Mary A.Rikafjkis Assistant Secretary
Form F6853-1112001
Authorizing By-Laws and Resolutio.
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article IX—Execution of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice
President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of
insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their
respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of
Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact."
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17'h day of February,1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article 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 a meeting duly called and held on the 17'x'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.
"RF SOLVED. That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,
appoint,by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and
other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall
have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The
President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority
previously given to any Attorney-in-Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the I7`"day of February,1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the
Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,
1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such
power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so
executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to
be valid and binding on the Corporation."
State of CALIFORNIA
County of LOS ANGELES
On April 29' 2004 before me, Sandy Hanner- Notary Public
Oate NAME, TITLE OF OFFICER., "JANE DDE, NOTARY PUBLIC"
personally appeared Gina O'Shea
NAME(S)OF SIGNER(S)
( x ) personally known to me–OR – (—) proved to me on the basis of satisfactory evidence to be
the person(x) whose name(4 isisiexsubscribed to the within instrument and acknowledged to me that
b*she).#M executed the same in bds/her/tl wIr authorized capacityoge , and that by Wher/ r
signatureo) on the instrument the person(S), or the entity upon behalf of which the person{so acted,
executed the instrument.
SANDY HANNER WITNESS y hand and offici al.
4` "_ Commission*1362
a� Notary Public-Cellfomis R .>i"✓?
Los Angers County SiGNATUAE OF NOTARY
fit' Poly Comm.Expires Jul 2,2006
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form,
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
{�# INDIVIDUAL
{�) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) {_._) LIMITED
{�) GENERAL
NUMBER OF PAGES
{ }
ATTORNEY-IN-FACT
TRUSTEE(S)
(�} GUARDIAN/CONSERVATOR
{ - } OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company
of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
G-107426.8
NOTICE
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 (collectivefly 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,Americana Casualty Company of Reading, PA, The Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
T�ISCLOSURE OF PREl'VUUIV�
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0,00).
CLO ORIF, QE FEDERAL R N PAYM NT OF TERRORISM
LOSE
The United States will pay ninety percent (90%) of covered terrorism Losses exceeding
the applicable surety/insurer deductible.
Form F7310
S`
<l
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT '>
>z
State of California
County of Santa Clara
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7.
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On May 4,2004,before me, Janice T. Kruse,Notary Public personally appeared <
Robert D. Moore known to me to be the person whose name is subscribed to the within ?>
instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument. s`
t WITNESS my hand and official seal. '?
CofnMW40n# 1318697
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Signature of Notary Public
Optional Information
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s' Title or Type of Document: Improvement Bond Tract 8306-Bond# 929299746
`< Capacity Claimed by Signer: Assistant Vice President of Shapell Industries,Inc.
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s CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On May 5, 2004,before me, Janice T. Kruse,Notary Public personally appeared Ken
s Cox known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person,or the entity upon behalf of which the person
z acted, executed the instrument.
Cor "dn F_T#1 8697 r-WITNESS my hand and official seal.
' NQtaty K&Aic-COMOMIC
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Signature of Notary Public rs
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Optional Information
Title or Type of Document: Improvement Bond Tract 8306- Bond#929299746 ><
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Capacity Claimed by Signer: Assistant Secretary of Shape I Industries,Inc. ,<
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Recorded at the request of: STEp4NI###Ifllllll#VIII#
CLO!TA Recorder Office
Contra Costa County DOC MR, Clerk-Recorder
Board of Supervisors — 2004---0239934-00
Return to: W*dnosdoy, JUN 23, 2004 08:21:31
Public Works Department FRE $0.00
Engineering Services Division Ttl Pd $0,@e Nbr-0002198781
Ire/R9/1-3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 22, 2004,by the following vote:
AYES: SUPERVIOSRS UILKEMA, DESAULNIER AND GREENBERG
NOES: NONE
ABSENT: SUPERVISORS GIOIA, ANTI GLOVER
ABSTAIN: NONE
RESOLUTION NO. 2004/ 334
SUBJECT: Accepting completion of public improvements(along Las Juntas Way and Coggins
Drive), accepting completion of warranty period, and release of cash deposit for
Development Plan 98-03006,Pleasant Hill area. (District IV)
The Public Works Director having notified this Board that the public street and storm drain
improvements for Development Plan 98-03006 (along Las Juntas Way and Coggins Drive),being
developed by Bridge Housing Corporation,have been completed.
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of December 4, 2000.
BE IT FURTHER RESOLVED the six month lien guarantee period has been completed and
the labor and material surety bond is EXONERATED.
JD;rm I hereby certify that this is a true and correct copy of an
Ci:\GrpData\EngSvc\BO\2004\06-22-04\DP 98-3006 BO-45.60.doe
action taken and entered on the minutes of the Board of
Originator: Public Works(ES) Supervisors on the date shown.
Contact: Frank Navarro(313-2264)
Recording to be completed by COB
I.D.942827909 ATTESTED: JUNE 229 2004
cc: Public Works M.Valdez,M&T Lab
T Bell,Construction JOHN SWEETEN. , Clerk of the Board of Supervisors and
J.Dowling,Engineering Services County Administrator
Current Planning,Community Development
Bridge Housing Corporation
Attn:Kevin Griffith
345 Spear St.,Suite 700
San Francisco,CA 94105 By Deputy
Fireman's Fund Insurance V
777 San Marin Drive
Novato,CA 94998
RESOLUTION NO.2004/334
SUBJECT: Accepting completion of improvements(along Las Juntas Way and Coggins Drive),
accepting completion of warranty period, and release of cash deposit for
Development Plan 98-03006, Pleasant Hill area. (District IV)
DATE: June 22, 2004
PAGE: 2
On June 22,2004,this Board resolved that the improvements in Development Plan 98-03006
were completed and now on the recommendation of the Public Works Director;
The Board hereby .FINDS that the improvements have satisfactorily met the guaranteed
performance standards for the period following completion and acceptance.NOW THEREFORE BE
IT RESOLVED that the Public Works Director is AUTHORIZED TO PAY to Contra Costa County
Public Works Department the$1,000.00 cash deposit(Auditor's Deposit Permit No. 329090,dated
March 23, 1999)and the$5,000.00 cash deposit from the SD 98-08229 deficiency bond(Auditor's
Deposit Permit No. 355049,date August 22,2002),made by Bridge Housing Corp.plus all accrued
interest to help defray inspection charges incurred by the Public Works Department.
BE IT FURTHER RESOLVED that the warranty period has been completed and the
performance bond is exonerated.
RESOLUTION NO. 2004/334
Bridge Housing Corp.
April 27,2004
Page 2
1 approve the use of DP 98-03006's $ 1,000.00 cash performance bond (Auditor's Permit
No. 329090, dated March 23,1999) and Subdivision 8229s $5,000.00 cash performance
bond (Auditor's Permit No. 355049, dated August 22,2000) to the Contra Costa County
Public Works Department to pay for outs=tanding overages on DP 98-03006, and will pay
the new balance clue below:
Balance due: $7,132.50
Cash pe�ormance bona's. $6,000.00
New balance due: $1,132.50
(Signature) 'ti-'
(Brfdge dousing Cor oration}
(Print name) ��t t� ��� Cw L 15
Date
If you have any questions, please contact me at(925) 313-2358.
Very ti my yours,
Janet E. Dowling
Engineering Technician
Engineering Services Division
JD-rm
G:\GrpDatalGngSvc\Ianet120041Apr\DP9$-3006 Cash Bond Re?ease.doc
cc: B.i3ai ss,:engineering Services
P,Navarro,Engineering Services