HomeMy WebLinkAboutMINUTES - 05162006 - C.11 C� SEL
TO: BOARD OF SUPERVISORS -- =�� Contra
FROM: MAURICE M. SH1U,PUBLIC WORKS DIRECTOR Costa /I
DATE: May 16, 2006 �o v
Co-�`"�i:; �```�¢
ST County
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SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for Subdivison 90-07562,
Oakley area. (District V)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2006/-eft for Subdivision 90-07562, approving Subdivision Agreement (Right of
Way Landscaping), for project being developed by Shea Homes, Limited Partnership, a California Limited
Partnership, Oakley area. (District V)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The landscape plans for Subdivision 90-07562 have been reviewed and processed by Public Works staff and
meet 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:
_ ECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_PROVE OTHER
SIGNATURE (S):
ACTION OF BO R ON A APPROVED AS RECOMMENDED OTHER
E of sUPE ISORS I hereby certify that this is a true and correct
G
UNANIMOUS(ABSENT 77 g'—) y y
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
J
date shown.
SG:kg
Z:\GrpData\EngSvc\BO\2006\05-16\SD 90-07562 BO-16"doc
Originator: Public Works(ES) ATTESTED: � lj� A�^'L%
Contact: S.Gospodchikov(31(313-2316)
cc: Public Works- Construction JOHN CULLEN, Wrk of the Board of
Current Planning,Community Development
T—March 16,2008(P1) Supervisors and County Administrator
Shea Homes,Limited Partnership
2580 Shea Center Drive
Livermore,CA 94550
ATTN: Blake Reinhardt
Arch Insurance Company By ,Deputy
135 N.Los Robles Ave.,#825
Pasadena,CA 91101
ATTN: Victoria M.Campbell
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 16, 2006 by the following vote:
AYES: Uilkema,Piepho, DeSaulnier,Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006/
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivison
90-07562, Oakley area. (District V)
The following document was presented for Board approval this date for Subdivision 90-
07562, located in the Oakley area.
A Subdivision Agreement (Right of Way Landscaping) with Shea Homes, Limited
Partnership, a California Limited Partnership, developer, whereby said developer agrees to
complete all improvements as required in said Subdivision Agreement (Right of Way
Landscaping) within two year(s) 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: $6,522.00
Deposit made by: Shea Homes, Limited Partnership, a California Limited
Partnership
Auditor's Deposit Permit No. and Date: 462608 April 20, 2006
SG:kg I hereby certify that this is a true and correct copy of an
Z:\GrpData\EngSvc\BO\2006\05-16\SD 90-07562 130-16.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: S.Gospodchikov(313-2316) Supervisors on the date shown.
cc: Public Works- Construction
Current Planning,Community Development /�
T—March 16,2008(P1) ATTESTED: /`7 'a
Shea Homes,Limited Partnership
2580 Shea Center Drive JOHN CULLEN,C1� of the Board of Supervisors and
Livermore,CA 94550 County Administrator
ATTN: Blake Reinhardt
Arch Insurance Company
135 N.Los Robles Ave.,#825
Pasadena,CA 91101
ATTN: Victoria M.Campbell By ,Deputy
RESOLUTION NO.2006/ �7 2i
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivison
90-07562, Oakley area. (District V)
DATE: May 16, 2006
PAGE: 2
II. Surety Bond
Bond Company: Arch Insurance Company
Bond Number and Date: SU 5020152 April 18, 2006
Performance Amount: $645,678.00
Labor&Materials Amount: $326,100.00
Principal: Shea Homes, Limited Partnership, a California Limited Partnership
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.
RESOL UTION NO. 2006/•2
•_ SUBDIVISION AGREEMENT •
(Right of Way Landscaping)
(Government Code§66462 and§66463)
Subdivision: SD 7562 Effective Date:
Subdivider: Shea Homes Limited Partnership Completion Period: 2 years
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
Maurice M.Shiu, Public Works Director -Shea Homes Limited Partnnrchi=_ n rn,;igraia
Limited Part s 'p
.. By: (signature)
(print name title)
Donald A.Hofer
RECOMMENDED FOR APPROVAL:
By:
Engineering Services Divisio (pft name& e)
Shelley Gamn
FORM APPROVED: Victor 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.)
1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called°Coun ,°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 Code,provide as security to the County:
A. For Performance and Guarantee: It 6522.00 — - cash,plus additional security,in the amount of
$ 64M,67R_(1(1 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. -R For Payment: Security in the amount of$L126,100.00 which'is frfty percent(50%)of the estimated cost
of the work. Such security is presented in the form of:
y Cash,'certified check,or cashiers 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 WARRANT WORK. Subdivider guarantees that said whall be free from defects in mateYial'or
workmanship and shall perform satisfactorily or a period of one-year from and after the Board o Supervisors accepts the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
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. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and
other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant
establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County,-bids may be released after final acceptance of landscaping improvements by the County.
6.- IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any
respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY.. Inspection of the work and/or materials, or approval of work and/or materials.or statement by any
officer, agent-or employee'Ftthe 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 obligatiorrto,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 for damage of any kind allegedly suffered,incurred or threatened
because of actions defined below,and including personal injury,death,property damage, inverse condemnation,or any combination of
these,and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County reviewed said
improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning
said liabilities and claims.
C. The actions causing liability are any actor omission(negligent or non-negligent)in connection with the matters covered by
this Agreement and attributable to the 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: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating.existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and
subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract, overhead,etc.) immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the .
County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in
territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter
of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. • RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
:kwA p ..
GAGrpData\EngSvc\Forrns\AG WORD\AG•30A-doe
Rev.May 16,2001 •-
o
STATE OF CALIFORNIA)
COUNTY OF ALAMEDA}ss.
On April 19,2006 , before me, Laurel Wilson,Notary Public, personally appeared
Shelley Galvin and Donald A.Hofer ,personally known tome(or proved to me on the basis of
satisfactory evidence)to be the persons)whose name(s)is/are subscribed to the within instrument
and acknowledged to me that he/she/tom executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of
which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
L. WILSONo 3
• �J- @COMM.
544
NOTARYY P BLIGCALIIFORNIASi ature: C�S(f�/ ALAMEDA COUNTY 0
EXP.MARCH 4,2008-"
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and
could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Document Title/Type Subdivision Agreement(Right of Way Landscaping)
Document Date: Number of Pages 1
Signer(s)Other Than Named Above: Contra Costa County
Capacity(ies) Claimed by Signer(s)
Signer's Name: Shelley Galvin&Donald A.Hofer
Individual Top of Thumb Here
X Corporate Officers- Title(s): Authorized Agent
_ Partner: Limited _General
Attorney-in-Fact
_ Trustee
_ Guardian or Conservator
Other:
Signer is Representing: Shea Homes Limited Partnership
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
TO THE TREASURER: ~
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
(For Cash Collection Procedures See County Administrators Bulletin 105.)
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
Sales Tax 100300 0637 25.47
Sale of Prints 004530 9931 REV 6GO085 103.75
Sale of Plans & Specs 004500 1 16AO196 204.70
Corner Records 3875-3882 000651 9660 6LO88D 80.00
Record of Survey RS3088 500.00
RS 3086 500.00
RS3094 500.00
RS3087 500.00
RS3091 500.00
RS3089 500.00
RS3090 500.00
Floodzone Determination T 6LO86B 50.00
CCC ID Card Replace 004500 9975 10.00
BW2/06 RTDIM Fees 007983 9595 1,147,980.00
Trust Fund 000649 9665 1,501.59
819800 0800 101,507.00
EXPLANATION: TOTAL $
Acctng: G1200879 DEPOSIT 1,254,962.51
Deposit consists of the following items
Eng Svcs: G1200639-G1200671 COIN.and_CURRENCY $ 155.89
Records: G1191932-G1191994 CHECKS,M:o.,ETC. $ 1,254,806.62
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.
deposit into the County Treasury
Signed ,:. Date_I l_
Signed: Signed:
TAIe:' EXT. 'Deputy Coun Auditor Deputy County Treasurer
D-34 Rev.(7-93)
0649-9665 / 112300: G1200650, $1,001.59, MS O4-0020, Inspection Fee,
Oak Gate Properties,LLC, PO Box 807, Danville, CA 94526
0649-9665 / 112300: G1200660, $500.00, MS 03-0005, COA Check, Brian
D. Seibel, Attorney at Law, 1850 Mount Diablo Blvd., Suite 650, Walnut
Creek, CA 94596
819800-0800: G1200640, $10,000.00, EF 0500624, Cash Bond, Mercy
Housing of California, 1999 Broadway, Suite -1000, Denver, CO 80202
819800-0800: G1200663, $6,522.00, Sub 7562, Cash Bond, Shea Homes,
2580 Shea Center Dr., Livermore, CA 94550
819800-0800: G1200664, $7,409.00, Sub 8955, Cash Bond, .Shea Homes,
2580 Shea Center Dr., Livermore, CA 94550
819800-0800: G1200665, $10,957.00, RA1145, Cash Bond, Shea Homes,
2580 Shea Center Dr., Livermore, CA 94550
819800-0800: 61200666, $50,524.00, PA05-00029, Cash Bond, Shea
Homes, 2580 Shea Center Dr., Livermore, CA 94550
819800-0800: G1200667, $1,304.00, PA06-00033, Cash Bond, Shea Homes,
2580 Shea Center Dr., Livermore, CA 94550
819800-0800: &1200668, $3,027.00, PA06-00034, Cash Bond, Shea Homes,
2580 Shea Center Dr., Livermore, CA 94550
819800-0800: 61200669, $5,731.00, PA06-00036, Cash Bond, Shea Homes,
2580 Shea Center Dr., Livermore, CA 94550
819800-0800: 61200670, $3,238.00, PA06-00037, Cash Bond, Shea Homes,
2580 Shea Center Dr., Livermore, CA 94550
819800-0800: 61200671, $2,795.00, PA06-00035, Cash Bond, Shea Homes,
2580 Shea Center Dr., Livermore, CA 94550
***EXECUTED IN DUPLICATE*** - SOO`7 5b2
BondNo.: SU5020152
Premium: $6.457.
Any claim under this Bond should be sent
toihefollowi address:
Arch lTnsurance� Company 135 N. Los Robles .#&N
Pasadena, C •9 `1':_
IMPROVEMENT SECURITY BONG
FOR SUBDIVISION AGREEMENT
(Performance,Guarantee and Payment)
(Gov.Code,§§66499.66499.10)
1, RECITAL OF SUBDIVISION AGREEMENT, The Principal has executed an agreement With the County of Contra Costa(hereinafter'County')to install and pays
for street,drainage and other improvements in Subdivision * as specified in the Subdivision Agreement,and to complete said work within the time specified,for completion in.
the Subdivision Agreement,all in accordance with'State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said subdivision';'
Under the terms of the Subdivision Agreement,Principal is required to furnish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers and
materialmen.
2. OBLIGATION. Shea Homes Limited Partnership as Principal,and
Arch Insurance Company a corporation organized and existing underthe laws ofthe State of
Missouri and authorized to transact surety business in Ca3ifomia,as Surety,hereby jointly and severally bind ourselves,our heirs,executors,
administrators;successors and assigns to the Counly of Contra Costa,California to pay it
Six Hundred Forty Five Thousand Six Hundred
(A. Performance and Guarantee) Seventy Eight & No/100 Dollars($ 645,678. )for itself orany city
assignee under the above Subdivision Agreement.
Three Hundred Twenty Six Thousand
(B. Payment) One Hundred & No f 10 U Dollars(s 326,100. l to secure the claims to
which reference is made in Title XV(commencing with Section 3082)of Part 4 of Division III of the Civil Code of the State of California.
3, CONDITION. This obligation is subject to the following condition.
A. The condition of this obligation as to Section 2.(A)above is such that 9 the above bounded Principal,his or its heirs,executers,administrators,
successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration
thereof made as therein provided,on his or their part,in be kept and performed at the time and in the manner therein specified,and in aIf respects according to their true intent and
meaning,and shall indemnify and save harmless the County of Contra Costa(or city assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become
null and void;otherwise It shall be and remain in full force and effect
As part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees,incurred.by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,and to be taxed as costs and included in any
judgment 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,mateiialmen and other persons employed in the performance of the aforesaid Subdivision Agreement and
referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under me Unemployment Insurance Act with respect to this work or labor,
and that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face
amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by the-County of Contra Costa(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 judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies,and corporations entitled to file claims
under We 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect_
C. No change,extension of time,alteration,or addition to the terns of said Subdivision Agreement or the work to be performed thereunder or any plan
of specifications o f said work,agreed to by the Principal and the County of Contra Costa(or city assignee)shall relieve any Surety from liability on this bond;and consent is hereby given ;
to make such change,extension of time,alteration or addition without further notice to or consent by Surety:and Surety hereby waives the provisions of Civil Code Section 2819 and;
holds itself bound without regard to and independently of any action against the Principal whenever taken.
SIGNED AND SEALED on April 18 20 06.
Shea. Homes Limited Partnership
Principal: a .Califor.nia limited .partnership Surety: Arch Insurance Company
Address. 2580 .Shea Center Drive Address: 135 N. Los R6bles'Avenue, #825
rmore CA 550 Pasadena CA is 91101
Print Name 'Donatid iq. Print Name: Victoria M. Cam b 11
Title: Tiffe: Attorney—in—Fact•
Its: Authorized Ageri,t*
[Note:All signatures must be acknowiedged. For corporations,two officers must sign. The first signature must be that of the chairman of the Board,president,or vice-president:the; '
second signature must be that of the secret is secreta ief fi uncial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§3'13.))
By Form Appmved by County Counsel
Its:Z thor zed Agent [Rev.9/03] "
HAFinaaPMSubAplmpSeceond.9.03.wpd
*SD 7562 Shelldjl�G.Wn
STATE OF CALIFORNIA}
COUNTY OF ALAMEDA)ss.
On April 19,2006 , before me,Laurel Wilson,Notary Public, personally appeared
Shelley Galvin and Donald A.Hofer ,personally known to me(or proved to me on the basis of
satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument
and acknowledged to me that he/she/tom executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of
which the person(s)acted,executed the instrument.
WITNESS my hand and official seal. ILI
r L. WILSON
U COMMA#1468544
(� NOTARY PUBLIC-CALIFORNIA Q
ALAMEDA COUNTY (�
Signature: COMM.EXP.MARCH 4,2008
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and
could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Document Title/Type Improvement Security Bond for Subdivision Agreement
Document Date: Number of Pages 1
Signer(s)Other Than Named Above: Arch Insurance Company
Capacity(ies)Claimed by Signer(s)
M
Signer's Name: Shelley Galvin&Donald A.Hofer INEE
Individual Top of Thumb Here
X Corporate Officers- Title(s): Authorized Agent
_ Partner: Limited _General
_ Attorney-in-Fact
_ Trustee
_ Guardian or Conservator
Other:
Signer is Representing: Shea Homes Limited Partnership
STATEOF CALIFORNIA
SS.
COUNTYOF ORANGE
O1l APRIL 18,2006 before me, MARIA LUISA R.AGUINALDO,NOTARY PUBLIC
PERSONALLY APPEARED VICTORIA M.CAMPBELL
personally known to me(or proved to me on the alis of satisfactory
evidence)to be the person(s)whose name( is/ re cribed to the
within instrum nd acknowledged to me that he she ey executed
the same in hi. Ler/t eir authorized capacity(ies),and that by hi er/ reir
,signature(s)on the instrument the person(s),or the entity upon behalf WRIA LUISAR.A,MINAM
of which the person's)acted,executed the instrument. Cr COMM.01406174
WITNESS my hand and official seal. < , NOTARY
ORAS �
My Cain.Exp.Mft 18, 2007
— -- ®camma�SilCv
Signature
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER BOND
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
ARCH INSURANCE COMPANY
SIGNER(S)OTHER THAN NAMED ABOVE
(D•1232(REV.5101) ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri(hereinafter referred,.to as the"Company")does hereby appoint
Noemi Quiroz and Michael R.Szot of Los Angeles,CA(EACH)
Edward N.Hackett,Victoria M.Campbell and Maria Luisa Aguinaldo of Santa Ana,CA(EACH)
its true and lawful Attomey(s)-in-Fact, to make,execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety,and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or,collection of any promissory note,check, draft or letter of.credit
This..authority does not permit the same obligation to be split into two or.more bonds in.order to,.bring each such bond
within.the dollar limit of authority asset forth herein.
The Company may revoke this appointment at any time.. .
The execution of suc
h bonds andundertakings in pursuance of these presen#s shall ,be as binding upon the said
Conipany as�fully and amply to allin and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers..at its principal office in,Kansas CJ t Mlsso
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March.3, 2003,true and accurate copies of which are hereinafter set,forth and are:hereby.certified to by
the undersigned Secretary as being.in full force and effect:::
'VOTED,That the Chairman of the Board, the President,'or-any Vice President,' or their appointees designated iri writing
and filed with the Secretary, or the Secretaryahall have the power and authority toappoint"agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recogniiances;'contracts of.indemnity and other writings; obligatory in the hature"thereof, and"any such
officers of the Company may appoint.agents for;acceptance of process."
This Power of Attomey is signed, sealed'and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of.the Board, the President or any Vice President,''or their appointees
designated in writing and filed witli the%Secretary, arid the signature.of #he'Secretary, the sea! of the 'Company, and
certifications by the,.Secretary,.may.be affixed.by..facsimile on any power of attorney or bond_executed'.pursuant to..the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any,bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company.
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In Testimony Whereof, tha Crmrany has c::atiseu this Instrunnent to be signed and its corporate seal to be affixed by their
authorized officers, this 17th day of Jan 20 06'
Arch Insurance Company
Attested and Certified
once
a
3 .
,Q CORPORATE -
� SFAL �
Martin J. Nilser Z ecretary Edward M.Tilus ice President
STATE OF NEW YORK SS
COUNTY OF NEW YORK 'SS
I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus.and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a
Corporation organized and existing under the laws of he State of Missouri;'subscribed to-the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duty authorized signed;
sealed with the corporate seal and delivered the said instrurrient as the fres apAvoluntary act oLsaid corporation and.as
their own free and voluntary acts for the uses and purposes therein sef forth:'
PETER J.CALLED,ESQ.
Notary Public„State`of Now York -
I*g2CA6109336
Qt;llfied in New York County, Pe r J: I Nota ubfic
Commission Expires May 3,`2008 My commiss expires 5-03-2008
CERTIFICATION
1,Martin J. Nilsen,'Secretary of the Arch Insurance Company;do'hereby certify that the attached Power of Attorney dated
on behalf of the person(s) as listed above is a true and correct copy'and that the same has beenin full force and.effect
since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said
Edward M. Titus, who executed the.Power of Attorney.as Vice President, was on.ahe date of execution of the attached
Power of Attorney the.duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY:^:HEREO-F, I have hernientn el-lb- nbed my.name and.affixed.the corpora se I of the Arch:Insurance
Company on this 18th day of_ April 20. 06 =
Martin,J. Nilseff.Secretary
This Power of Attomey limits.the acts of those named:therein to the bonds and,undertakings specifically named therein
andahey have no authority to in the Company except lnahe manner and to the extent herein stated-
PLEASE SEND ALL CLAIM.INQUIRIES RELATING TO THIS BOND TO THE FOLLOW ING.ADDRESS:
Arch Contractors&Developers Group `
435 N. Robles Ave. 'Ste.825
Pasadena,CA 91101
a
CORfORATt �4 .
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