HomeMy WebLinkAboutMINUTES - 07132004 - C.34-C.38 Y ■y{ 1} ■■` r
.�+� ■y{}i} 1}}j}j ■) 1j1j 11
.. III ����f � i��������I���I����I�����■�1�������1��
34
Recorded at the request or: CONTRA COSTA Co Recorder Office
Contra
a ra fs aCounty
oun s STEPHEN L. WEIR, Clerk-Recorder
Return to: DOC— 2004-0266361-00
Public Works Department Wednesday, JUL 14, 2004 10:17:48
Engineering Services Division FRE $0.00
Tt 1 Rd $0,00 Nbr-0002237049
Ire/RS/1-2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 13, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKRAA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 20041 382
SUBJECT: Accepting completion of private improvements (Masson Court and its associated
storm drain system,outfall structure,and creek bank),Subdivision 00.08396,Alamo
area. (District III)
The Public Works Director has notified this Board that the private improvements in
Subdivision 00-08396 have been completed as provided in the Subdivision Agreement with Quail
Partners,L.L.C.,heretofore approved by this Board in conjunction with the filing of the Subdivision
Map.
JD:rm
G:\GrpData\EngSvc\BO\2004\07-13-04\STS 00-08396 B0-45.doc
Originator: Public Works(ES) Y hereby Certify that this is a true and Correct copy of an
Contact: Frank Navarro(313-2264) action taken and entered on the minutes of the Board of
Recording to be completed by CUB
I.D.223969914 Supervisors on the date shown.
cc: Public Works -T.Bell,Construction Div.
-M.Valdez,M&T Lab
-H.Finch,Maintenance Div. ATTESTED: .JULY 13 2004
-1.Bergeron,Mapping Div. JOHN SWEETEN, Clerk of the Board of Supervisors and
-J.Dowing,Engineering
Sheriff-Patrol Div.Commander County Administrator
CHP,c/o Al
CSAA--Cartog
Quail Partners,L.L.C.c/o Castle Companies
12885 Alcosta Blvd.,Suite A
San Ramon,CA 94583 By ,Deputy
Attn:James Baldacci
Travelers Casualty and Surety Company of America
350 California St.,Suite 2020
San Francisco,CA 94101
Attn:Mark V.Karpenko
RESOLUTION NO.2004/ 382
SUBJECT: Accepting completion of private improvements (Massoni Court and its associated
storm drain system,outfall structure,and creek bank),Subdivision 00-08396,Alamo
area. (District III)
DATE: July 13, 2004
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of July 13, 2004 thereby establishing the six-month terminal period for the filing of liens in case
of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BANK/SURETY
June 3, 2003 Travelers Casualty and Surety Company of America
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $87,800.00,
Bond No. 103756404 issued by the above surety be RETAINED for the six month lien guarantee
period until January 13,2005,at which time the Clerk of the Board is AUTHORIZED to release the
surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that the private improvements (Massoni Court and its
associated storm drain system,outfall structure,and creek bank)have been COMPLETED and are
NOT ACCEPTED NOR DECLARED as County roads or drainage systems at this time.
BE IT FURTHER RESOLVED that there is no warranty period required, and the Public
Works Director is AUTHORIZED to refund the$1,756.00 cash security for performance(Auditor's
Deposit Permit No.392822,dated September 12,2002)plus interest in accordance with Government
Code Section 53079, if appropriate, to Quail Partners, LLC pursuant to the requirements of the
Ordinance Code; and the Subdivision Agreement and performance surety bond are exonerated.
RESOLUTION N0. 2004/382
Recorded at the request of: CONTRA COSTA Cc Recorder Office
Contra Costa County STEPHEN L, AIR, Clerk-Recorder
Board of Supervisors DAC— 2004-0269362-00
Return to:
Public Works Department Wedmaday,, JUL 14, 2004 10:17:55
Engineering Services Division FRE $0.00
Tt l Pd $0,00 Nbr-0002237050
Irc/R9/i-2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on July 13, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 383
SUBJECT: Accepting completion of private improvements(Justin Morgan Drive),Subdivision
00-08405, Alamo area. (District III)
The Public Works Director has notified this Board that the improvements in Subdivision 00-
08405 have been completed as provided in the Subdivision Agreement with Alamo Highlands,
L.L.C,heretofore approved by this Board in conjunction with the filing of the Subdivision Map.
3D:rm
G:\GrpData\EngSvc\BO\2004\07-13-04\SD 00-08405 B045.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Frank Navarro(313-2264) action taken and entered on the minutes of the Board of
Recording to be completed by COB
T.D.69-0405442 Supervisors on the date shown.
ce: Public Works -T.Bell,Construction Div.
-M.Valdez,M&T Lab
-H.Finch,Maintenance Div. ATTESTED: JULY 13, 2004
-I.Bergeron,Mapping Div. JOHN SWEETEN, Clerk of the Board of Supervisors and
Sheriff-Patrol Div.Commander
CHP,cin Al County Administrator
CSAA—Cartog
Alamo Highlands,L.L.0
3201 Danville Blvd.,Suite 170
Alamo,CA 94507 By , Deputy
Developers Surety and Indemnity Co.
3100 Oak Read,Suite 260
Walnut Creek,CA 94596
RESOLUTION NO.2004/ 383
SUBJECT: Accepting completion of private improvements(Justin Morgan Drive),Subdivision
00-08405, Alamo area. (District 111)
DATE: July 13, 2004
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of July 13,2004 thereby establishing the six-month terminal period for the filing of liens in case
of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BANK/SURETY
November 6,2001 Developers Surety and Indemnity Co.
BE IT FURTHER.RESOLVED the payment(labor and materials) surety for$449,950.00,
Bond No. 8669895 issued by the above surety be RETAINED for the six month lien guarantee
period until January 13,2005,at which time the Clerk of the Board is AUTHORIZED to release the
surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that the private improvements have been COMPLETED
and are NOT ACCCEPTED NOR DECLARED as County roads at this time.
BE IT FURTHER RESOLVED that there is no warranty period required, and the Public
Works Director is AUTHORIZED to refund the$9,000.00 cash security for performance(Auditor's
Deposit Permit No. 373868,dated September 5,2001)plus interest in accordance with Government
Code Section 53079,if appropriate,to Alamo Highlands,L.L.0 pursuant to the requirements of the
Ordinance Code, and the Subdivision Agreement and performance surety bond,Bond No.8669895,
are exonerated.
RESOLUTION NO. 2004/383
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 13, 2004 by the following vote: C 1�
AYES SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 384
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 02-
08688 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, Subdivision 02-
08688 located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of
Northern California, a Division of Shapell Industries, Inc., developer, whereby said developer
agrees to complete all improvements as required in said Subdivision Agreement (Right of Way
Landscaping) within one year from the date of said agreement. Improvements generally consist
of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $1,200.00
Deposit made by: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc.
Auditor's Deposit Permit No. and Date: 409204 July 24, 2003
JY:rm I hereby certify that this is a true and correct copy of an
0:\GrpData\EngSvc\BO\2004\07-13-04\SD 8688 Bt)-16.doe action taken and entered on the minutes of the Board of
Originators Public Works(ES)
Contact: Teri Rie(313-2363) Supervisors on the date shown.
cc: Public Works- T.Bell,Construction
Current Planning,Community Development
T--inlay 13,2005(P1) ATTESTED: JULY 13, 2004
Shapell Industries of Northern California,
a Division of Shapell Industries,Inc. JOHN SWEETEN,Clerk of the Board of Supervisors and
Attn:Steve Savage,Jim Gold,Sam Worden County Administrator
100 North Milpitas Blvd_
Milpitas,CA 95035
National Fire Insurance Company of Hartford
Attn:Maria Cook
100 N.Milpitas Blvd. By ,Deputy
Milpitas,CA 95035
RESOLUTION NO.2004/ 384
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 02-
08688 being developed by Shapell Industries of Northern California, a Division of
Shapell Industries, Inc., San Ramon(Dougherty'Valley) area. (District ILl)
DATE- July 13, 2004
PAGE: 2
Il. Surety Band
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929270258 July 10, 2003
Performance Amount: $123,644.00
Labor&Materials Amount: $62,422.00
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc.
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way
Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/384
~ SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66452 and §66463)
� �1 Subdivision. 8688 8688 Effective Date: ` �-
Subdivider: Shapel€ Industries of Northern California. Completion Period: 1 year
A Division of Shapell Industries. Inc.
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER:
Maurice M. Shiu, Public Works Director Shagell Industries of Northern California,
A Division of Shageil Industries. Inc.
f
y 1
By: (print name&t")
r�
RECOMMENDED FOR APPROVAL: jl 1 n t
By: i (sign tura
.&t tS hia't R'1'_3. N.ehZ.
77
Engineering Services 1VIr
io
(print name&title) (^ s�try a +a ' �% i tt 13
j
FORM APPROVED: 1%ic J. Westman, County Counsel
(NOTE:All signatures to be acknowledged. If Subdivider Is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code§313.)
i. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and the
above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private), drainage improvements,
signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the
improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in
accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder°, and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Cade,provide as security to the County:
A. For Performance and Guarantee- $1,UO cash,plus additional security,in the amount of$123.644 which together total
one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$62.422,which is fifty percent(50%)of the estimated cost of the work. Such
security is presented in the form of:
Cash,certified check,or cashier's check
X_ Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY "IF 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 compete
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-yeas guarantee period,said improvement plans prove to be inadequate in any
respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised.
T NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,officers,agents,and employees.
B. The liabilities protected against are any liability or claim far 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 €iability, 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 liabilihr are any act or omission(negligent or non-negligent)in connection with the matters covered by
this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer, agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of
any Indemnity.
9. COSTS: Subd€eider 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 ANIS COSTS: If Subdivider falls 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 subsequentiy 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.
Aw:tap
G:1GrpData\EngSvc\S1ava%Gaie Ranch16688(N2B)M86 Landscape tmpr.Agraement.doc
Rev.May 18,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
Countyof
On before me, �-�_�`
.`Cee Name and Tale of Of`+csr(e.g., Jane Dos,Notes Public) _.
��" ���4z• � - � '' .'��.+ '.b-.z� 3 y Vit)i ._�� ,tid��.._ � �.;'<> Y is..k
personally appeared �.
a�� Nens(s)W Signar(s)
'R,�06rsonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose names) Kfare
#CE T. subscribed to the within instrument and
Cornrrtission 3#3bgi acknowledged to me that hefsl"/they executed Q
Notary Pubuc.Cabtcsrn t the same inei iierltheir authorized
$onto ChaoC capaeity(ies), and that by hWheimftheir
curdy
Y +rxr.i sAvg24,
signatures)on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
-V?ITNESS my hand and official sea]-
Signature of Notary Pubtio
OP
TtEWA!.._ _7
?hough 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. INV
R
Description of Attached Document
Title or Type of Document:
s
Document Date: Number of gages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
1-1 individual Top of thumb here
:.T– brporate Officer—Title(s):v, k'y
Partner—C-1 Limited ❑General I j
�� ❑ Attorney-in-Fact j
El Trustee j
❑ Guardian or Conservator
❑ Other: ' x`
Signer is tiepresenttng ..._ ��'•°a,. �;.. .� `, ,-.y u_ ,..,': _
®1999 Nation:Notary Association•9350 Ds Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 www.r.ationalnotary.org Prod.No.6907 Reorder:Call Toli-Free 1-800-876-6827
DEPOSIT PERMIT
- OFFICE OF COUNTY AUDITOR-CONTROLLER J .-
TO THE TREASURER:
MARTINEZ,CALIFORNIA J '�
RECEIVED FROM
ORGANIZATION NUMBER_2-
RU
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORO ACCT TASK OPTION ACTIVITY AMOUNT
I
32
jgszy :Sy
I
t
0 /
t
av , 5
Tit q.
loo
; i 1 c 'X Mda) X ' D `� rf J t �/ Com'•. 4
rT, 2661Nu
[EX!PLANATIQN: TOTAL $ I
DEPOSIT
i > /
MIN
consists of the following items
iN and CURRENCY $ �'
t // 7/ J f t // >{^' CICS,M.O.,ETC. $ ' ='�
1 1 Gl� � _ G� s�/� t �/ 0c !/ t°. BANK DEPOSITS $
FO'AUDITOR-CONTROLLER USE ONLY
DEPOSIT
,./4 , , 4777756_, `i, % I j /� r PERMIT
NUMBER d�
�It� � �; t.-' ,:�}f.�1 t/ 1��� flr� La` �%• j .�rl ��1 / �7 �3
DATE
C1` S'f ASSIG
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury. acknowledged. j
-�- '
Sig �' Date-��r ..
SigneY L
/ d:
Signed-
C,
. ( j t - {jW G'LEXT �' 3{�! Dep unty Audi Deputy County Treasurer
D-34 REV.(7-93)
L
P" Zi ' t2' t l �/AGN ` tZf}, �RCA�f1;!✓'2rLy
819800-0800: 61120514, 1030 8688, Cash Performance Bond
(landscape), Shapell Industries of N. California, 100 N. Milpitas Blvd.
Milpitas, CA 95035
819800-0800: G1120515, $4,600.00, Sub 8632, Landscape Cash Bond,
Shapell Industries of N. California, 100 N. Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1120516, $3.300.00, RA1135, Landscape Cash Bond, Shapell
Industries of N. California, 100 N. Milpitas Blvd. Milpitas, CA 95035
0649-9665 / 831000: 01120514,$9.100.00 Sub 8688, Landscape Inspection
Shapell Industries of N. California, 100 N. Milpitas Blvd. Milpitas, CA 95035
0649-9665 / 831000: 61120515,$24,300.00 Sub 8632, Landscape
Inspection Shapell Industries of N. California, 100 N. Milpitas Blvd. Milpitas,
CA 95035
0649-9665 / 831000: G1120516, $18.400.00, RA1135, Landscape
Inspection, Shapell Industries of N. California, 100 N. Milpitas Blvd.
Milpitas, CA 95035
0649-9665 / 831000: 61116893, $2,686.27, 508531, Map Checking deposit,
Janin Associates, 957 Stow Lane, Lafayette, CA 94349
0649-9665 / 831000: G1116895, $805.43, MS 8-99, Inspection Deposit,
Premium Property Development, 428 N. Buchanan Cir Ste 14, Pacheco, CA
94553
0649-9665 / 831000: G1116896, 1221 Monticello Limited Partnership, 1485
Enea Ct., Suite 1490, Concord, CA 94520-5228
$6.330.00, Ms 02-0022, Improvement Plan Check
$1,600.00, MS 02-0022, PM Chcek
0649-9665 / 831000: 61116899,$500.00, 852813, Record of Survey
Deposit, Kristy Huffacker, 2337 Walnut Blvd, Walnut Creek, CA 94597
COUNTY Ol ,;UNTRA COSTA - GENERAL ECEIPT
` = � egg 1, a� $
THIS COPY IS
DEFT: NOT A RECEIPT
DOLLARS
�y G1' r�...'y� ���dd',✓i'6*� Vit_'" f' ., ��r�''r ';�Jd'� '�i��� �.� .�;""' ."..ti.''z'��^.�� � ��/f
FOR yr
1
CASH ACT'
RECEIVED FRONT , f CHECK AMT.
PAID
MONEY BAL.
x r/ ORDER DUE
.��" � ��,,,� r ice' '�� ,s
(D57,REV.7189)
Gale Ranch 11
SljhdiVision: 8688/N-213/Gallery
Bernd No.: 929270258
Premium. $927.00
IMPROVEMENT SECURITY BOND
FOR PUBLic RIGHT OF WAY LAtjtsc.APE AGREEMENT
(Perfornance, Guarantee, and Payment)
(California Goverinwnt Code Sections 66462 and 66463)
1. IthgrAt.oFSumyisio.N AfrRELiw.NT- The,Principal has executed an agreenriatwith the County to histall
and pay for public right of way latndwapi ng, and other related ing)rovernents in Subdivision N-213 Gall= as specified in the Scibdivision Agreen-&nt (Right of Way LaWscapmg), and to
complete said work wit1iin the time specified for completion inn the Subdivision Agreement(Right of Way
Landscaping), all in.accordance with State and local laws and rulings thereunder-in order to satisfy conditions
for filing of the Final Map or Parcel Map for said Subdivision.
Shapell Industries of Northern Caiifomia,A
2, Oltu:: lye.: division of Sha ell industries, Inc. a Delaware Cor . ,aSPrirc#X4 and
National Eire Insuranae QoMpal3y of Hartford a corporation organized existing under the laws
of the State of CT awl authorized to mmsac:t surety business in California,
as Surety, hereby jointly and severally bind ourselves,our heirs,executors, administrators, successors, and
assigns to the County of Contra.Costa., Catiforaia'to pay it:
One Hundred Twenty Three Thousand Six
A. Peifornnanxce and Guamntee: Hundred Forty Four Dollars and 001100
Dollars($ 123,644.00 for itself or any city assignee under the above County
Subdivision Agreenmt, plus
B. Payment: six Two Thousand Four Hundred Twen Two Dollars and 00/100
Dollars( 62,422.00 ) to secwe the claims to which r:efe .ice is znnade in Title
XV" (ctrmrnenc:ing with. Sectiorn. 3082) of fart 4 of Division III of tine Civil Code of the State of
Califozania.
3. Ct)'Y€}ri!` ON:
A. Tlx:Condition of this obligation as to Section 2.(A) above is such that if the.above bounded Principal,
'los or its heirs, executors, adnnirnistt ators, successors or assigns, shall in all things stand to and abide
by, and well aad truly keep and perform tine covenants, conditions and provisions in the said
agreernent and any alteration thereof made as therein provided, on is or its .part, to be kept and
perforrmd at the time and in dr.manner therein specified, and in all.resects according to their true.
intent and meaning, and shall indenviify and save bai.mless the County of Contra Costa (car city
asci iee•), iLs officers,agents and employees, as dwein stipulated,then this obligation shall become
null and void; otherwise.it shall be axnd xenmin in full force and effect.
As part of the,obligation secured 13ereby azul in addition to the face arnount specified therefore,there
.shall be included costs azrd reasonable expenses and fees, hic:luding reasonable attorney's fees,
]ncinTed by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs
and included in any judgerrient 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 r n and other personas employed in the performance
of the afbresaid agreement and referred to in the aforesaid Civil Code for materials finnished or labor
thereon of any kind,or for azrxuats due wider the Utzeaxiployme t 1!:zzsurance Act with respect to stash
work or labor, that said surety will pay the sante in an amunt not exceeding the gr unt herein above
set fortk and also in case snit is brought upon this bond, will pay, in,addition.to the fact armunt
thereof, costs and reasonable expenses and :tees, including reasonable attorneys fees, incurred by
County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the
court, mid to be taxed as casts and to'be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond ,]dial] inure to the benefit of any and all
persozxs,con patsies and corporations entitled to fide 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 tom or their asses
in any suit brought upon this bond.
Should tlx:condition of this bond be fully performed then this obligation,,hall became null and void,
otherwise it shall be and remain hi full force avid.effect.
C. No alteration of said subdivision agrem erat or any plan or specification of said work alyreed to by the
Principal and the County shall,relieve any Surety from liability on this bonn3 and consent is hereby
given to make such alteration without further notice to or consent by Surety; said 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 takem
SIGNED AND SEALED on July 10, 2003
Shapeli Industries of Northern California,A
PRINCIPAL.-Division of Shapell Industries,Inc.,a Delaware Corp. SMTY2 National Fire Insurance Commy of Hartford
Address: 100 North Milpitas Boulevard Address: 100 N. Milpitas Blvd.
City: Milpitas Zi • 95035 City Milpitas Z�p9+�+5�035
Y '
�-� �`" JJ .es_
By: :
B
Pru.it Nalm: i - �' Print Naas Marie A. Cook
Title: Title: Attomey-in-Fact
Print Name ,, r
it Y1
�Rt'WS1��if:���f'L7hThKicpD�r3t ngSvs arsnstf3t[WORi7W-12AA.
dear 3#IW
............................................................................................................................................................................................................................................................................................................................
COUNTY OF
C1ra_. July 1t).20CL3
PERSONAUY APPEARED �t Eek SS�4is
personally icraown to arae
kfftisat. ta��tl�e rst�rt� x£trs rarritx 91fc-
sutrscriksc;d to the within Instr-raarxent and acknowledged to the
that.f /she/tt -executed time starne In hWhcer/hm.'r authorized .rr,.
cap aclty(fes}; and that.b �ai�c/iaerlt i�°sl.l;n�ature oil the � JANICE T.KRUSIF
ialstrataaa€:aat tine P( 'sc�ar{��, car the entit`y� upon behalf of which Commosion i
the person(s)-acted,executed they Instrument, Notary Pubttc Cat#tarrat�s
Santo Ctorq County
:i'T i'��f::
tS�s my hand and of#lcia#seal. NyCmm. Aug 24,2
Sit;ar� --...-__.w_� , � �� __._.�
. ............. This_......._...... _... �� this atma Air t':)1I cI al iVrtuukd Seal
OPTIONAL
"i°t OUgh the data below is not required by paw, it may prove valuable to per,--,.tans relying on die document andcould
preavent fraudulent teatt<ac:htnent of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
l CORP P00" : OFFICEtd
._.........
....._ . µ
rrn..�sari
_.......
TITLE OF TYPE OF DC"iG.tJtV EN t
m.. PARTNER(S) LltvitTED
� �E�tdic�'t1L
..........................................................._,._..
�1t I't}i�t�IEY ItV-FAG1' NiJla.�tE�E�F�C�t�F'At.'st_S
f..E
TRUSTEE(S)
D CcUtil l'llr`a,t\llCONSE_RVITOR
............_........................... .............................._..._......._......_._._........._........_.............._.............._...........
_._.... .._.._........................... DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR Et\1Tt7Y(tE5)
National l=ire insurance Coma .......... ........._....__... _.........._.............._..._............._.........,.....,_.._..
QI~�_.._._. �Ii:��1�C�{S3 t�THER"fi-l1�N �IAMECi aRE3C1VC
0-081 Rim 6A44 A.I.I.-VIJRPOSE�ACKNOWLEDGEMENT
POWER OF ATTORNEY"APPOINTING INDIVIDUAL AT"TCJKAEY4N-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania
corporation(herein collectively called"the CCC Surety Companies"),are duly organized and existing corporations having their principal offices in
the City of Chicago,and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint
Marie A. Cook, Individually
of Milpitas, California
their true and lawful Attome&)-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 folly and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and
all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,
duly adopted, as indicated,by the Boards of Directors of the corporations.
In witness Whereof,the GCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be Hereto affixed on this 18th day of June 1998
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
n `t AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
�•
s3 5E11L. Lima
.1897
Marvin J.Cashion Group Vice President
State of Illinois, County of Crook, ss:
On this 18th day of June , 1998 ,before me personally came
Marvin J.Cashion,to nye known,who, being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that
he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he knows the
seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority
given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to
be the act and deed of said corporations.
UoTmyJO
My Commission Expires March 6,2000 Mary Jo Abel Notary Public
CERTIFICATE
1,Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF REAMING,PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth is still in form,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
revs a�greof are still in force.In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this day of
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
tui i,
�x3 SEAE.
1897 .� It
Mary A. Ribikawskis Assistant Secretary
.v.1 0l1197)
Authf:; .,zing By-Laws and Resolutions
)OPTED 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 Sy-Law duly adopted by the Board of Directors of
the Company.
"Article IX--Execution of Documents
Section 3.Appointment of Attorney-in-fact The Chairman of the Board of Directors,the President or any Executive, Senior or Group
Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of
policies of insurance, bonds,undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seat of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior
or Croup Vice President or the Hoard of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February,1993.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
affixed by facsimile an 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."
)OPTED 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 Boars{of Directors of
the Company.
"Article Wi Execution of Obligations and Appointment of Attorney4n-Fact
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group
Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of
policies of insurance,bonds, undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to arch the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time
revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February,1991
"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."
OPTED BY THE.BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is shade and executed pursuant to and by authority of the fo€lowing 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 polio of insurance,bonds,
undertakings and other obligatory instruments of like nature.Such Attromey-irrFact,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-ln-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 47th 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 varid and binding on the Corporation."
NOTICE
In accordance with the Terrorism.Fisk Insurance Act of 2002, we are providing this
disclosure notice for bonds and certain insurance policies on which one or more of the
Writing Companies identified below is the surety or insurer.
To principals on bonds and insureds on certain insurance policies written by any one or
more of the following companies (collectively the "Writing Companies") as surety or
insurer: Western Surety Company, Universal Surety of America, Surety.Bonding
Company of America, Continental Casualty Company, National Fire Insurance Company
of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance
Company of Newark, NJ, and The Continental Insurance Company.
DISCLOSURE OF PRE MT TM
The premium attributable to coverage for terrorist acts certified under the Act was Zero
Dollars ($0.00).
DIS LO R.F OF FIRDER.AL PARTICIPATION IN PAYMENT OF TF.RRORTS,NI
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding the
applicable surety/insurer deductible.
For,n F73
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
3�
State of California
�4
County of
On before me,;-..y
Y Date Name and Tine of Officer(e.g.,"Jan`Doe,t ola�P
w
personally appeared �r� ^s��.�
Name(s)of signer(a;
ersonally known to me
❑ proved to me on the basis of satisfactory
y evidence
s
to be the person(s) whose name(s) ,efare
JANtCE tti�USE subscribed to the within instrument and
•�
Commission# 131 acknowledged to me that he>rsWthey executed 86�7 �
the same in #+eAiieWtheir authorized
a Notary Pub0c-Caftmia
Sar:tEts Ctatra G capacity(les), and that by faisAer>r#heir ,
MV��Co
signatures) on the instrument the persons), or
the entity upon behalf of which the person(s)
�z acted, executed the instrument. �,•,
SNIT SS my hand and official -
signature of Notary Pubiic
•
OPTIONAL
Though the information below is not required by lafri 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
5
Title or Type of Document: ; ` �+ 6-1y
, : t_
i
r Document Date:_ Number of Pages:
Signer(s)Other Than Named Above-
Capacity(ies) Claimed by Signer
Signer's Name: `
❑ 1 dividual r Top of thumb here
Corporate Officer—Title(s): s `a 't '• :"3 �d (�'s �__
❑ Partner— _-J Limited Ll General
EJ Attorney-in-Pact
5 ❑ Trustee
❑ Guardian or Conservator
❑ Other: i
Signer 1s Representing:!: � �
01999 Nation!NotaryAssooia?ton•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.naticnalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1.800.875-6827
37
Recorded at the request of: CONTRA COSTA Co Reorder Office
Contra Costa CountyBoard of STEPEN L, WEIR, Clerk-Recorder
Return toSupervisors DOC— 2004-0269363-00
Public Works Department Wednesday, JUL 14, 2004 10:18:04
Engineering Services Division FRE $0.00
Tt l Pd $0.00 Nbr-0002237051
lrc/RS/1-8
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on July 13, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 385
SUBJECT: Accepting completion of improvements for Subdivision Agreement on Feathermint
Drive, Melrose Court, and Pyral Court for Subdivision 02-08688, San Ramon
(Dougherty Valley) area. (District III)
The Public Works Director has notified this Board that the Subdivision improvements in
Subdivision 02-08688 have been completed as provided in the Subdivision Agreement with Shapell
Industries of Northern California,heretofore approved by this Board in conjunction with the filing of
the Subdivision Map.
JY:rm
G:\GrpData\EngSvc\BO\2004\07-13-04\SD 8688 BO-45.doc
Originator: Public Works(ES)
Contact: Teri Rie(313-2363)
Recording to be completed by COB
I.D.95-2578030 I hereby certify that this is a true and correct copy of an
cc: Public Works -T.Bell,Construction Div.
-J.Ysrnael,Engineering Services action taken and entered on the minutes of the Board of
Shapell Industries of Northern California Supervisors on the date Shown.
100 North Milpitas Blvd.
Milpitas,CA 95035
Attn:S.Savage,S.Worden,sr J.Gold ATTESTED: JULY 13, 2004
National Fire Insurance Company of Hartford
Attn:Pamela stacks JOHN SWEETEN, Clerk of the Board of Supervisors and
5820 Canoga Ave.,Suite 200 County Administrator
Woodland Hills,CA 91367
City of San Ramon
Attn:Chris Low
3180 Crow Canyon Pl.,Ste 140
San Ramon,CA 94583 By "JT" ,Deputy
.385
RESOLUTION NO.2004/
SUBJECT: Accepting completion of improvements for Subdivision Agreement on Feathermint
Drive, Melrose Court, and Pyral Court for Subdivision 02-08688, San Ramon
(Dougherty Valley) area. (District III)
DATE: July 13, 2004
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of July 13,2004 thereby establishing the six-month terminal period for the filing of liens in case
of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BANK/SURETY
May 25, 2004 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment (labor and materials) surety for$502,250.00,
Bond No. 929270253 issued by the above surety be RETAINED for the six month lien guarantee
period until January 13,2005,at which time the Clerk of the Board is AUTHORIZED to release the
surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that the Subdivision improvements in Subdivision 02-08688
are ACCEPTED AS COMPLETE.
BE IT FURTHER RESOLVED that Feathermint Drive,Melrose Court,and Pyral Court,the
hereinafter described roads,as shown for public use on the Final Map of Subdivision 02-08688,filed
June 1,2004 in Book 465 of Maps at pages 1-20,Official Records of Contra Costa County,State of
California, are ACCEPTED AS COMPLETE. Upon completion of the one-year warranty and
maintenance period, the San Ramon City Council shall accept the public improvements for
maintenance in accordance with the Dougherty Valley Memorandum of Understanding.
Road Name Road Widths R/W Widths. Lengths (Miles)
Feathermint Drive 36' 56' 0.21
Melrose Court 36' 56' 0.13
Pyral Court 36' 56' 0.02
BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period
is hereby established,and the$10,000.00 cash deposit(Auditor's Deposit Permit No.408866,dated
July 17,2003)made by Shapell Industries of Northern California and the performance/maintenance
bond rider for $149,750.00, Bond No. 929270253 issued by National Fire Insurance Company of
Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code
until release by this Board.
RESOL'UrION NO. 2004/385
Executed in Triplicate
CM Tact 8688 f N-25/Gallery
suR>
ry
Increase -Decrease Bider
TO 8E ArTACH#D TO and farm part of Band Number 929 270 253 -Issued by the
National Fire Insurance Company of Hartford
as Surety,on behalf of Sha ell Industries of Northern California, a Division of Sha II Industries,Inc.
of Mil itas CA
hereinafter referred to as the Principal,and
In favor of Coon of Contra Costa
of M rtinez CA
8thhereinafter referred to as the Obligee,effective the
�..�.
day of July 2t7f}3
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration i#is
understood and agreed that efFectiva the 18th _ day of May , 2004 and subject to ai the terms,
conditions and limitations of the attached band,the panel sura thereof shag be and the same Is hereby decreased
from the sum of ***
Dollars( $994,500.00***
to the sum of C)ne Hundred Forty Nine Thousand Seven Hundred Fifty Ng/1 00***
Dollars($149,750.0 �
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of tete attached bond,
the agg ate Iiabli(ty of the Surety for any Iotas occurring prior to said date shag rant exceed the sum of
Nine Hundred Ninety Four Thousand l=ive Hundred Noll 00***
Dollars
or for any lose occurrin subsequent to said state shalt not exceed the sumof
Cane Hundred Fart in€t Thousand Seven Hundred Fi No/100*** Dollars($949,750.00*** I
In no event,however,shell the aggregates liability of the Surety exceed the larger of the aforementioned&urns, it being the
Intent hereof to preclude cumulative liability.
SIGNED,SEALED AND DATED this 18th day of ._ May, 2004 ,
Accepted By:
Shapell Industries of Northern California, a Division of
Count of Contra Cos _Shapell Industries, Inc.
(PHn
rie A. Cook, Asst. V.P.
n Cox , Asst, Sec.
National Fire Insurance Company of Hartford
r/ rety)
8 llxl� (Seal)
Pamela L. Stocks Attomey-in-fact
SUR-23139-D
POWER OF ATTG--NEY APPOINTING INDIVIDUAL k. fORNEY-IN-FACT
Knave All Men By#brie Pmsents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American
Casualty Company of Reading,Pennsylvania(herein called"the CNA Companies"),are duly organized and existing corporations having
their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby
make,constitute and appoint
Pamela L.Stocks,Beverly A.Hall Sandra V.Hanner,Individual)
Of Shem-tan Oaks California
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 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 Paver 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 Vlfltness Whenaaf,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 3rd day of August,2001.
Continental Casualty Company
National Fire Insurance Company of Hartford
SEJ . American Casualty Company of Reading,Pennsylvania
State of Illinois,County of Cook,ss: Michael Gengler Group Vice President
Can this 3rd day of August,2001,before me personally came Michael Gengier to me known,who,being by me duly sworn,did depose and
say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,National Fire
Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described in and which executed the above
instrument;that he knows the seats of said corporations;that the seals affixed to the said instrument are such corporate seats;that they were
so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to Ike
authority,and acknowledges same to be the act and deed of said corporations.
$ "OFFICIAL!>BAL* •
�, ++•ver triiillt.ea»r ar 9irnris
'* .t
My Commission Expires September 17,2001 Chane Faulkner Notary Public
CERTIFICATE
1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American
Casualty Company of Reading,Pennsylvania do hereby certify that the Dower 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 IBfh day of
Continental Casualty Company
Q-17h 0
0for0
e National Fire Insuranoe Company of Hartford
American Casualty Company of Reading,Pennsylvania
(Rev. 1/23101) Mary A.Riblicawskis Assistant Secretary
Aathorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article IX--Execution of Documents
Section 3.Appointment of Attorney-In-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates 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-in4act,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the
President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority
previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and sealed shalt,with respect to any bond or undertaking to which it is
attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article VE— xecutlon of ObUgations and Appointment of Attorney-ln-fact
Section 2.Appointment of Attomey-In-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates 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 attomeys-in-fact,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice
President may at any time revoke all power and authority previously given to any attomey-in-fact."
This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the 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 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 Attomey--in-Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED:That the signature of the President,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 May 18,204 before me, Sandy Hanner- Notary Public
Date NAME,TITLE OF OFFICER- "JANE DOE. (VOTARY PUSUC-
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(*is/kombscribed to the within instrument and acknowledged to me that
lln!dshefit .executed the same in IslWher/twit authorized capacity{ieil� and that by € twher/'1#
signature(&) on the instrument the person(g), or the entity upon behalf of which the person(30 acted,
executed the instrument.
3` WITNESS
SANDY HANNER y hand and oifici
4--my
commission#1362157 x F '
Notary Public-California t -SIGNATURE OF NOTARY
Los Anye" County
*Comm.Expiras Jul Z,20DO 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
o-ro�4xa-e
NQnCE
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 Dartford,American Casualty Company of Reading, FA, The Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
JUS ,L SMS pts PREM I
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
D-ISMOSURE Off EMERAL I.' E R RI
LOSSES.
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable suretylinsurer deductible.
Form F,310
.\ ^•�I.nNWW/`.F..NMrW✓;�/v W�N,'V",V' 1��✓U�N/��ti✓v ✓/'1v�i N.,Nv�✓/'J/l '/W/.'W�✓WVV./M/v"`✓WWF,'/�/V✓'`,"`./�N`_`✓'_v')1
N.✓�/✓ A/v�.�n J'✓.J.11.�i'.,'NW\" .. VV./i V'✓a/V//.F NY✓.,' .I✓V/./.I r.�./✓_ LM✓W`J//.nIW`�/VN�/WV�//✓'.,'\ (((\))
)� J
�J
CALIFORNIA ALL POSE ACKNOWLEDGMENT`'
State of California
�z County of Santa Clara
z<.
>` On May 19, 2004, before me, Janice T. Kruse,Notary Public personally appeared,
Marie A. Cook& Ken Cox personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they 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. S
s
JANtCE T KRUSE ,
ComminkM# 1318397 WITNESS my hand and official seal. ?;
�„► Notary Public.CcOomicSarho ,.----
pro county
MyCarrmn. Atp 23.2
Signature of Notary Public
Optional Information
Title or Type of Document: Increase/Decrease Rider-Tract 8688-Gallery. Bond
#929270253
>5 �
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shanell Industries,Inc. S
SS �S
�z
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 13, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 386
SUBJECT: Acceptance of Grant Deed of Development Rights for Creek Structure Setback, for
Subdivision 02-08688, being developed by Shapell Industries, Inc., San Ramon
(Dougherty Valley) area. (District III)
IT IS BY THE BOARD RESOLVED that the following instrument, recorded(Recorder's
Series No.04-205771)concurrently with the filing of the map of Subdivision 02-08688,Gallery II at
Cale Ranch, filed in Book 455 of Maps at pages 1-20, Contra Costa County Records on June 1,
2004, is hereby ACCEPTED:
INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT:
Grant Deed of Subdivision 02-08588 Shapell Industries, Inc. San Ramon III
Development Rights APN: 222-280-001 (Dougherty
for Creek Structure Valley)
Setback
1 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.
SG:rm
G.\GrpData\EngSvc\BO\2004\07-13-041SD 8688 130-27.doc
Originator: Public Works(ES) ATTESTED: JULY 13, 2004
Contacts Teri Rie(313-2363)
CC: Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and
Shapell Industries,Inc. County Administrator
100 North Milpitas Blvd.
Milpitas,CA 95035
Attn:San Worden&Steve Savage
By ,Deputy
RESOLUTION NO.2004/ 386
Recorded at the request of:
Contra Costa County CONTRA COSTA Co Recorder Office
Board Return Lot Supervisors STERNEN L, UEIR, Clerk-ReCarder
Return to:
Public Works Deparimenr DOC— 2P�+�4—,0206 771-00
l nosneennS Set vices Division �7 I
Records section Tuesday, JUN 01, 2004 08:03:00
FRE $0.00 MRC $54.00
Area: san Ramon T4l Pd $0.00 1,ILr-0002161064
Subdivision: MM 4 Q vv Nbr-0002161064
yr c/+RS/1 T 3
APN: 222-28Q� r
GRANT DEET) OF DEVELOPMENT RIGHTS
(Creek structure setback)
To meet condition(s) of approval number 278, of Subdivision 7984, Uwe, Shapell Industries
(Owner(s) hereby grant(s) to the County of Contra Costa, a political subdivision of the State of
California (Grantee) and governmental successor or successors of said county, the future
development rights, as defined herein below, over that real property known as Parcels E, F and a
portion of Parcel G of Subdivision 8688,situated in the County of Contra Costa,State of California
and more particularly described in Exhibit"A"
Development rights are defined to mean and refer to the right to approve or disapprove of any
proposed construction, development or improvement within the areas marked "restricted
development area.„The development rights are and shall be a form of covenant,which shall run with
the said property and shall bind the current Owner and any future Owner of all or any portion of said
property. In the event of a disapproval of proposed construction by Grantee, or successor, said
proposed construction shall not be performed.Grantee,or successor,may condition the approval of
any proposed construction upon prior or subsequent performance of such conditions as Grantee,or
successor, may deem appropriate.
Any owner or owners of all or any portion of said property desiring to develop any improvement
requiring the approval of Grantee,or successor,herein shall submit to such entity a written proposal
describing the nature, extent and location of such improvement. Grantee, or successor, shall have
sixty(60) days from receipt of such proposal in which to grant approval or disapproval. Failure by
Grantee, or successor, to respond in said time period shall be equivalent to the approval of such
proposal.
The undersigned executed this instrument on
212. t fo
Shapell Industries, Inc
100 North Milpitas Blvd.
Milpitas, CA 95035
/4 S 5;-' VP
tAruu uanre and inti
(See attached notary)
G 1Gr1+Daw%&$Sv TT m.ZE WOR DOG.I do,
tD lid
Rev GttO w 9 2001
��'v^i{4���N�J�^✓✓�Y✓/`/`�.�^✓y%V'�:^✓`�W"V ��^�VY'JVV`J1�v W.✓Y.'✓W"l.NV✓�/V'J'.!✓h*/\\'w'Y`✓'v'V`✓`.rV\/ V+MNW1l�.
Vv^./V`�Va.'.l ht✓'✓'.+"w�1JV`\fv:v+'!'�hI✓NI.Jl.n/VV4'v'M1/V1J,.'VZISf�/t1waJielV\//�+V"✓1//hNY^./!`✓tMN
�S
{r
i�
h
tY(((jl
�z
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
Mate of California
County of Santa Clara <,�
On May 25, 2004, before me,Janice T. Kruse,Notary Public personally appeared,J.C.
4, Truebridge & Ken Cox personally known to me to be the persons whose names are
z subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacity, and that by their signature on the instrument the persons,or ;1
the entity upon behalf of which the persons acted, executed the instrument.
JA ICE i KRUSE {{
i Comrnmion# 1318697
CT0wtoty
Putstic.California NESS my hand and ofseal.
sonto Ciato County
NtyrL'tyrta►�. rir /wFd.2
4 Si tore of Notary Public
z
Optional Information
y Title or Type of Document, Grant Deed of DevetoprnenRights -Creek structure
setback tract 7984.
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
' Shapefl Industries, Inc.
S�
s
`.. 'v�'�.`w"w v✓".v`..':.n"'�.^.:'''v�'"v,.,."^""."+vv+..v".✓vv�'�"r�'"�^�"-�`�`.r"i+..✓w.'i..r✓'^.✓^,r'r nig,.',:^✓�:r:'nYni i•`s!..`°.+�i✓".+�wi.;.�„iY. ,v.•.''ij:,n�n^✓✓+nr+nJv'✓v'v,nn/.:.✓.✓++.n.^"W
206771
SUBDIVISION 8688
E.XH031T"A"
All that real property situated in the County of Contra Costa, State of California, described as
follows:
Parcels E,F and a portion of.Parcel G designated as "Restricted Development Area„
Grant Deed of Development Rights (Creek Structure Setback) as shown on the final reap
of Subdivision 8688, on file at the County Recorder's Office as follows:
Date: JUN -1 2004
Book:_ ,
Page:
END OF DOCUMENT