HomeMy WebLinkAboutMINUTES - 03012005 - 2005 RES 103 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 1, 2005 by the following vote:
AYES: SUPERVISORS OIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 20-05/ 103
SUBJECT: Approving the Subdivision Agreement (Right of Way Landscaping) for SD 02-
08685, being developed by Shapell Industries of Northern California, a Division
of Shapell Industries, Inc., a Deleware Corp., San Ramon (Dougherty Valley)
area. (District III)
The following document was presented for Board approval this date for SD 02-08685,
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., a Deleware Corp., developer,
whereby said developer agrees to complete all improvements as required in said Subdivision
Agreement (Right of Way Landscaping) within one year from the elate 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: $3,500.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 436206 December 16, 2004
JY:rm I hereby certify that this is a true and correct copy of an
G:\GrpData\EngSvctl3O\2005\03-01\SD 02-08685 BO-16.doe action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: Teri Ric(313-2363) Supervisors on the date shown.
cc: Public Works- T.Sell,Construction
Current Planning,Community Development
T-September 1,2005(P1) ATTESTED: MARCH 01, 2005
Shapell Industries of Northern California,
a Division of Shapell Industries,Inc.,a Deleware Corp. JOHN SWEETEN,Clerk of the Board of Supervisors and
100 N.Milpitas Blvd. County Administrator
Milpitas,CA 95035
Attn:S.Worden,J.Gold
National Fire Insurance Co.of Hartford
5820 Canoga Ave.,Ste 200
Woodland Hills,CA 91367 By >Deputy
Attn:Pamela L.Stocks
RESOLUTION NO.2005/ 103
SUBJECT: Approving the Subdivision Agreement (Right of Way Landscaping) for SD 02-
08685, being developed by Shapell Industries of Northern California, a Division
of Shapell Industries, Inc., a Deleware Corp., San Ramon (Dougherty Valley)
area. (District III)
DATE: March 1, 2005
PAGE: 2
II. Surety Band
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929348475 December 3,2004
Performance Amount: $349,646.00
Labor&Materials Amount: $176,573.00
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc., a Deleware Corp.
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. 2005/103
TO. BOARD OF SUPERVISORS t- ,
FROM: MAUR.ICE M. SHIU, PUBLIC WORDS DIRECTOR
DATE: March 1, 2005
SUBJECT: Approving the Subdivision Agreement (Right-of-Way Landscaping), San Ramon(Dougherty
Valley)area.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/ 103 for SIJ 02-08685, approving the Subdivision Agreement (Right of Way
Landscaping) for project being developed by Shapell Industries of Northern California, a Division of Shapell
Industries, Inc., a Deleware Corp., San Ramon(Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Subdivision 02-08685 has been reviewed and processed by Public Works staff and meets landscape plans for all
applicable conditions of approval regarding landscape improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Subdivision Agreement(Right-of-Way Landscaping)will not be approved.
Continued on Attachment: SIGNATURE: �'1/I
COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE �
PROVE OTHER
A"TURE(SS�--�-'
ACTION OF B0�7 ON_-- MARCH 01, 2005 APPROVED AS RECOMMENDED xx OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VOTE OF SUPERVISORSminutes of the Board of Supervisors on the xx UNANIMOUS(ABSENT NONE ) date shown.
AYES: NOES:
ABSENT:_ ABSTAIN:
Jymn ATTESTED: MARCH 01, 2005
G:\GrpData\EnSSvc1BO12005\03-0I\SD 02-08685 BO-I6.doc JOHN SWEETEN, Clerk of the Board of
CContact: Teri Ric(313-2363) y
ltlnator: Public works(ES} Supervisors and Count Administrator
Co
cc: Public Works- T.Hell,Construction
Current Planning,Community Development
T--September 1,2005(rt I) � ��C+' � t
Shapell Industries of Northern California,
a.Division of Shapell Industries,Inc.,a Deleware Corp. y� Deputy
100 K Milpitas Blvd.
Milpitas,CA 95,035
Attn:S.Worden,J.Gold
National Fire Insurance Co.of Hartford
5820 Canoga Ave.,Ste 200
Woodland Hills,CA 91367
Attn:Pamela L.Stocks
SUBDIVISION AGREEMENT
(Government Code§66462 and§66463)
a
Subdivision: 8685 Principal: Shapell Industries of Northern California t)t S/tYt�
Effective Date: Completion Period: y � p
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTYPRINCIPAL
Maurice M. Shiu,Public Works Director
1 )
By: , J t:i'tP i (s;gnaturc) _
(Print nerne&ti e) ' t y (t!( j i )
RECOMMENDH 4APPROVAL � } . v • .
A.
By: _ >.
(Signature) t Ilk 16�
/'
Engineering Serv)cA Divi tort( (Print name&tie) y
FORM APPROVED: Victor J.Westman,County Counsel (]VOTE; All signatures to be acknow eedge�d.I n ga ifioorporated,signatures must
conform with the designated representative groups pursuant to Corporations
Code§313.)
1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned
Principal,_ mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Principal 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 fife with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code
(including future amendments thereto).
Principal 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, Principal shall, pursuant to Government Code §66499 and the County
Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $ 3,500:00 cash,plus additional security,in the amount:$ 349,646.00_ _ 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,Principal 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:$ 176 573.00 which is fifty percent(50%)of the estimated cast 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, Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or
materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount
securities may he reduced in accordance with §94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and
shall perform satisfactorily for a period of one(])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. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work.
The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system.
5. PLANT ESTABLISHMENT WORK. Principal 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(I)year from and after the Board of Supervisors accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY, Principal 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 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,Principal shall make whatever changes
necessary to the plans 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 Principal of the obligation to fulfill
this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to
comply with any of the terms and conditions hereof.
8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefited and protected by this promise are County and County's 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 orthreatened 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 County reviewed said improvement plans or accepted the work as
complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent) in connection with the matters covered by this
Agreement and attributable to Principal,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: Principal shall pay when due, all the costs of the work,including inspections thereof and relocation of existing utilities required
thereby.
10. SURVEYS. Principal 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 Principal fails to complete the work within the time specified in this agreement, and subsequent
extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay
all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys;contract,overhead,etc.)immediately upon
demand.
Principal hereby consents to entry on the subdivision property by County and County forces, including contractors, in the event County
proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County, even if Principal
subsequently completes the work.
Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal
agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal 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,except as provided in this paragraph,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 third party beneficiary
against Principal,who shall fulfill ail the terms of this agreement as though Principal had contracted with the city originally. The provisions ofparagraph
8(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision.
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s CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
>S Stag of California
County of Santa Clara ;
} On December 10, 2004,before me, Janice T.Kruse,Notary Public personally appeared, �
J.C. Truebridge& 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.
�r z
.JANICE T.KRUSE �
s crnrnlsSE ,# 1318697
WITNESS my hand and official seal.
PublEc-CaliEosnla
Sdt1tQ Clara CC1Ut11y
Why Comm.txojos Aug 24, t3Ci5
>s Sign tore of Notary Public ??
Optional Information
>s �sk
> Title or Type of Document. Subdivision Agreement Tr. 8685
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Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
5 Shaoell Industries,Inc.
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DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
D THE TREASURER: MARTINEZ,CALIFORNIA ! ��
-CEiVED FROM
ORGANIZATION NUMBER
{
(Far Cash Collection Procedures see County Administrator's Bulletin 105.)
I
DESCRIPTION FUND/ORG. ACT TASK OPTION ACTWITY AMOUNT
$ I
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ITO V111,11
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TOTAL $
DEPOSIT
rISof onsis the ailtosan itrrrtxs and CURRENCY $ ,..
OCKS,MO,ETC
- 7t� BANK DEPOSITS $
J h FOR AUDITOR-CONTROLLER USE ONLY
l DEPOSIT
PERMUT pp
NUMBER
p4
DATE 4362( 15 DEC 46,
ASSIGNED
The or»ount of money described above is for Treasurer's eipt of above omount is approved. Receipt of above amount is hereby
deposit into the County Treasury. knowledged.
i Signed> Signed: \
Tide,,v(r r ` _, EXT.. 7" t puty Count itor Deputy County Treasurer
n-34RE/.(7-93)
i�;'�/
819800-0800; 01158981, $3.090.00, Sub 8773, Performance Cash Bond,
Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon,
CA 94583
819800-0800: 61158983, $1,000.00, Sub 8774, Performance Cash Bond,
Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon,
CA 94583
819800-0800: 61158986, $1.700.00, Sub 8775, Performance Cash Bond,
Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon,
CA 94583
819800-0800: 61158988, $1,720.00, Sub 8776, Performance Cash Bond,
Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon,
CA 94583
819800-0800: 61158990, $2,690.00, Sub 8777, Performance Cash Bond,
Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon,
CA 94583
819800-0800: 61158992, $1,490.00, Sub 8778, Performance Cash Bond,
Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon,
CA 94583
819800-0800: 61158994, $2,500.00, Sub 8690, Performance Cash Bond,
Windemere BLC Land Company LLC, 3150 Crow Canyon Pl #310, San Ramon,
CA 94583
819800-0800: 61158995, $6.100.00, RA1148, Performance Cash Bond,
Shapell Industries of Northern California, 100 N. Milpitas Blvd., Milpitas, CA
95035
819800-0800: 61158996, $3,500.00, SU98685, Performance Cash Bond,
Shapell Industries of Northern California, 100 N. Milpitas Blvd., Milpitas, CA
95035
819800-0800• G1158997, $9,870.00, RA1151, Performance Cash Bond,
Windemere BLC Land Company LLc, 8150 Crow Canyon PI #310, San Ramon,
CA 94583
0649-9665 / 831000. 61158982, $25,200.00, 5ub8773, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150
Crow Canyon PI #310, San Ramon, CA 94583
0649-9+665 / 831000: G1158984, $7,600.00, Sub8774, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150
Crow Canyon PI #310, Son Ramon, CA 94583
0649-9665 / 831000: G1158987, $14,130,00, Sub8775, Landscape
Improvement Inspection Deposit, Windemere SLC Land Company LLC, 3150
Crow Canyon PI #310, San Ramon, CA 94583
0649-9665 / 831000: G1158989, $14,280.00, Sub8776, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150
Crow Canyon PI #310, San Ramon, CA 94583
0649-9665 / 831000: G1158991, $22,010.00, Sub8777, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 31503
Crow Canyon PI #310, San Ramon, CA 94583
0649-9665 / 8310)0}0: G1158993, $12,410. Sub8778, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150
Crow Canyon PI #310, San Ramon, CA 94583
0649-9665 / 831000: G1158994, $14,700.00, Sub8690, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150
Crow Canyon PI #310, San Ramon, CA 94583
0649-9665 / 831000: G1158995, $30,900,00, RA1148, Landscape
Inspection, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #3103,
San Ramon, CA 94583
0649-9665 / 831000: 61158996, $19,400.00, Sub8685, Landscape
Improvement Inspection, Windemere BLC Land Company LLC, 3150 Crow
Canyon PI #310, San Ramon, CA 94583
0649-9665 / 831000: 01158998, $79,480.00, RA1151, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150
Crow Canyon PI #310, San Ramon, CA 94583
0649-9665 / 831000: 61158999, $947.17, FC Permit 633-03, Cash Deposit,
Kinder Morgan SFPP,LP, 1100 Town & Country, grange, CA 92868
0649-9665 / 831000: G1159000, $196.83, FC Permit 632-03, Cash Deposit,
Finder Morgan SFPP,LP, 1100 Town & Country, grange, CA 92868
COUNTY F CONTRA COSTA - GENEF . RECEIPT
DEPT: '`!� T-?. r 14-
0� l2�r'.- NTHIS OTA ROPY IS G 1158996
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\ �DOLLARS$
FOR t i
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CASH ACCT.
BAL.
RECEIVED FROM
r CHECK V AMT.
PAID
- ,
MONEY BAL.
ORDER DUE
By:
(057 REV.7/89)
Gale Rah II N-1.4
Subdivision: 8685
Bond No.: 929 348 475
Premium $2,622.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
. (Performance,Guarantee, and Payment)
(California.Government Code Sections 66462 and 66463)
RECITAL OF SUBDIVISION AgummENT: The Principal has executed an agreement With the County to
install and pay for public right of way,landscaping,and other related improvements in Subdivision
8685 as specified in the Subdivision Agreement (Right of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement(Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision.
Shapel.l. Industries of Northern California, A Division of Sha ii
2. OBLIGATION'. asl'hncipal,and
National. lire Insurance Qgmany of Hartford ,a corporation organized existing under the laws
of the State of Cr , and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors,and assigns to the County of Contra Costa,California to pay it
A. Performance and Guarantee: Three Hundred Fourty-Nine Thousand Six Hundred Fourty-
Six and 0/100 Dollars($ 349,646.00 for itself or any
city assignee under the above County Subdivision Agreement,plus ..
B. Payment: One Hundred Seventy-Six Thousand.and Five Hundred Sevent -Three and 0/100
Dollars($ 176,573,00 )to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of fart 4 of Division III of the Civil Code of the State of
California.
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 perforin 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 became
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 attorneys 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 Tither 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 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 attonicy'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 bund shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims tinder Title 15(cornmencingwith Section
3082)ofPart 4 of Division 3 ofthe 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 became null and void,
otherwise it shall be and remain in full farce and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from:liability on this bond;and consent is hereby
given to 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 December 3 2004
Shapell Industries of Northern California,
A Division of Shapell Industries, Inc. , , National Fire Insurance
PRINCIPAL: a Delaware Corp, SURETY: Q==y of Hartford
Address: 100 N. Yllpitas blvd. Address: 5820 Canoga Avenue, Suite 200
City: Milpitas, CA Zip: 95035 City: W66jDand Hills. CA Zip: _91367
Print Namei�� C :��wE� - Print Name: Pamela L,�tock,s _
Title: `a i i Title: Attorney-in-Fact
By:
.flint Name and Title: �e,'\ Ck>x\
k1}WSILSHARSIATAkGrpt}ataTngSvc\FamssU3N WORDW-12A.doc
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 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 Senior Vice President and their corporate seals to be
hereto affixed on this 16th day of April,2004.
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
j y JULY m
TJ SFAL �r IN2
1897
lMichtael%n�gler SensVice President
State of Illinois,County of Cook,ss:
On this 16th day of April,2004,before me personally came Michael Oengler 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 �
6tLA Ri
NOTARY PUBLIC,67AT$ATE OF OF It1,iN016
MY COMMISMON 9XPIRE6c 061 7106 1 e 6
My Commission Expires September 17,2006 liza PriceV 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
3rd day of D2cen-be ` _2QQ4
Continental Casualty Company
ON-0000
;10=AA National Fire Insurance Company of Hartford
COPPORArp American Casualty Company of Reading,Pennsylvania
JULY 11,
U SEAL. c tsot
1897
Mary A.Rikafjkis Assistant Secretary
Farm F6853-11/2001
Authorizing 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 Attomey-in-€act. 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 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 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 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 tide
Company.
"Article VI—Execution of Obligations and Appointment of Attot ney-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'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 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 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 17"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 December 3,2004 before me. Sandy Harmer-Notary Public
Oste NAME, TITLE OF OFFICER.. 'JANE OOE. N5TAFt PPusuc*
personally appeared Pamela L.Stocks
NAME(S)OF SIGNER(S)
(x) personally known to me–CTR --(—)proved to mei on the basis of satisfactory evidence to be
the person(s) whose name(s) Is/wr subscribed to the within Instrument and acknowledged to me that
No/she/ti"executed the same In thalherIftir authorized capacity0es}, and that by kjWher/tt4"
signature(s) on the Instrument the person(f), or the entity upon behalf of which the person(a) acted,
executed the instrument.
'�•.�:.'6 WITNE my hand and fal seat.
;.y SAPIIJY MANNER
Commission#1362157 ;
Notary Public-Californi9 SIGNATURE OF NOTARYLos Angeft C.ounty
ofrtm._E , JIA
OPTIONAL
Though the data below Is not required by law, It may prove valuable to persons retying on the document
and could prevent fraudulent reattachment of this farm.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
{._}
PARTNER(S) (. } LIMITED
( ,...}GENERAL
(,15..,) ATTORNEY IN-FACT
NUMBER OF MAGES
(.W) TRUSTEE($)
GUARDIAN/CONSERVATOR
{_...) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF P"EASON{S) OR ENTITY{IES)
Ha ord
SIGiNER($) OTHER THAN NAMED ABOVE
ti•t{SPt2d•$
NOTICE
TICE
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 insure-r: 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.
DISM URE Cir %- Um
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($4.00).
DISCDOSUR FDF+I A T AT t P EN T of TERR &LSM
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable suretylinsurer deductible.
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
s� County of Santa Clara
On December 10, 2004,before me, Janice T. Kruse,Notary Public personally appeared, �
J.C. Truebridge& Ken Cox personally known to me to be the persons whose names are ?
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacity, and that by their signature on the instrument the persons, or
the entity upon behalf of which the persons acted, executed the instrument.
1 )2
5
JAN#CE L KRU$E i
Commisaicsn# 118697 WITNESS my hand and official seal.
" ► Notary Public-California
Santa Clara County
MyCOM.��24.2
y Si ature of Notary Public
Optional Information
Title or Type of Document: Improvement Bond- Tract 8685 N/14
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries, ,Inc.
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