The URL can be used to link to this page

Home My WebLink AboutMINUTES - 05232006 - C.13 SE Contra fi0: BOARD OF SUPERVISORS � =��_-�'`' FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR Costa DATE: May 23, 2006 'o STq pan ~` County SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for RA 03-01154 (cross- reference Subdivision 99-08306), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/3/40 for RA 03-01154 (cross-reference Subdivision 99-08306), approving Subdivision Agreement(Right of Way Landscaping), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, San Ramon(Dougherty Valley) area. (District 11I) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): RA 03-01154 (cross-reference SD 99-08306), Right of Way Landscaping, has been reviewed and processed by Public Works staff and meets 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:_t,=__�'� SIGNATURE: j.-RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE -*PPROVE THER (':;r - SIGNATURES : ACTION OF BO R ON cGt APPROVED AS RECOMMENDED OTHER VOF SUPERVISORS OS UNANIMOUS(ABSENT I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. Z:\GrpData\EngSvc\BO\2006\05-23\RA 03-01154 130-16 doc TR:kg Originator: Public Works(ES) Contact: T.Ric(313-2363) ATTESTED: cc: Public Works- Conslrriction Current Planning,Community Development JOHN CULLEN, k oft e Board of T o zoos(P n Shapel!Homes Supervisors and County Administrator 100 N.Milpitas Blvd. Milpitas,CA 95035 ATTN: Sam Wordcn National Fire Insurance Co.of Hartford 2355 E.Camelback Road,Suite 500 By , Deputy Phoenix,AZ 85016 ATTN: Pamela L.Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 23, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier;Glover and Gioia NOES: None ABSENT: Nolte ABSTAIN: None RESOLUTION NO. 2006/3/ SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for RA 03-01154 (cross-reference Subdivision 99-08306), being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for RA 03-01154 (cross-reference Subdivision 99-08306), located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) with Shapell Homes, a Division of Shapell hidustries, Inc., a Delaware Corporation, 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: $3,600.00 Deposit made by: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation Auditor's Deposit Permit No. and Date: 458724 February 9, 2006 Z:\GipData\Engsvc\BO\2006\05-23\RA 03-01154 Bo-16.doc I hereby certify that this is a true and correct copy of an iginator: Public Works(ES) oraction taken and entered on the minutes of the Board of originator: Contact: T.Ric(313-2363) Supervisors on the date shown. cc: Public Works- Construction Current Planning,Community Development /� T-January 7,2006(Pl ATTESTED: js 0 � y L Shapell Homes 100N.Milpitas Blvd. JOHN CULLEN, Clerf< of the Board of Supervisors and Milpitas,CA 95035 -County Administrator ATTN: Sam Worden National Fire Insurance Co.of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 ATTN: Pamela L.Stocks 'By ,Deputy RESOLUTION NO.2006/ SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for RA 03-01154 (cross-reference Subdivision 99-08306), being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, San Ramon (Dougherty Valley) area. (District III) DATE: May 23, 2006 PAGE: 2 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929 270 300 January 23, 2006 Performance Amount: $352,300.00 Labor&Materials Amount: $177,950.00 Principal: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation 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. 2006/3lj6 ' SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: RA 03-01154(x-ref 8306) Effective Date: Subdivider: _Shapell Homes, a Division of Shapell Completion Period: 2 year Industries Inc., a Delaware Com. THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M.Shiu, Public Works Director By: C/ r.J `t _d (signalers) ! Ile (print name tle) RECOMMENDED FOR APPROVAL: , / FP,,e- 51 e-N By: (signature) AA,/4.� Engineering Services (print names Ne) Co FORM APPROVED: Victor J.Westman, County Counsels (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"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 Code,provide as security to the County: A. For Performance and Guarantee: $ 3.600.00 cash, plus additional security, in the amount of _$ 352,300.00 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,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$ 177,950.00 which is fifty percent(50%)of the estimated costof the work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the 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. .. aN NWS CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On January 25, 2006 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. JMDCE T.KRUSE WITNESS my hand and official seal. Commission#1597428 o Notary Publc-CaAfornio Santa Clara County My Cornrn.ExpIrm 24,20Sign ture of Notary Public 4 . Optional Information Title or Type of Document: Subdivision Agreement Tr 8306 Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of Shanell Industries,Inc. E - COUNTYfOF.CONTRA COSTA ' r�( 4 DEPO$IT-PERMIT. OFFICE OF COUNTYAUff)ITOR CONTROLLER. MARTINEZ CALIFORNIA TO THE TREASURER`. - RECEIVED.FROM PUBLIC WORKS'; . ORGANIZATION NUMBER 650 _ (For.Cash Collection Procedures See County Administrator's Bulletin 105) DESCRIPTION FUND/ORG SUB' TASK JOPTION ACTIVITY AMOUNT ACCT $ SALES:TAX. 100300 0637 7.88 SALE OF.PRINTS " 004530 99;31 REV 6AO026 . 49:15: SALE70,F PRINTS.., 004530 .9931. REV 660085 46.72 HwYDROLOGY CONSULT 607505 9895. REV 6F8275 810.00 MSO}1 ,00023 : 000651 9660 REV 6L'0769 250.00 f " 000651 9660 REV 6L0073 52:66 I. 000651 9660 REV 6LO07B 744.53. KEY JPARD 004500 9975 10.00 MARINA-"GRANT 007517 9595 REV 6W7254 116,129.47, IND#950580.S/ANTIAGO., -000672 9755„REV , 6U5600 * 20,327:76 A"C PAGERS 004504 2250. HEQ 904SAS, 2.78 JURY DUTY S.E'DMONDS 004500 99.75 49.42 JURY DUTY 9.EDM0NDS 00.4500 9975 38.84 - BA#30868 PER#Z105.11054 003520 9660 REV 530606 381.55 BA#299100 PER#DP05=03034 . 003520 9660 REV 5B036X 235.08 BA029066 PER#EL05-20.485, 000651 9660. REV 6LO82D ..98.36 EXPLANATION TOTAL $ RECORDS 611.91181-G1191195,ENG SVCS:131191.649-61191657, DEPOSIT ACCTG 61.191782=G1191198 - D�e osit consists of the following items INV#911863 911894,PB05-09 INV#91.1895,IND#950580,BA#30868,29900,29066, "COIN and CURRENCY $ �,?4jf3, a. 3 3�� G3i3 aSsGL ,/ .. i o�� '.� 656• CJ�•iECKS,M.O.,ETC.. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY , f ; DEPOSIT PERMIT NUMBER'. UMBDP NUMB ,. R 4I SGGA 14%• DATE ASSIGNED The amount-of money described above is for Treasurers receipt of above'amount is approved. Receipt of above amount is hereby acknowledged. P into the County Treasury ' S'l9 Tied Data / Signed: Signed:/ �✓ "�0 �•�J(.� +�-rqL Title:. EXT. De 'Coun Auddor De County Treasurer D-34"Rev.(7-93)' tr COUNTY OF CONtt COSTA *46"'. ' 5 r r DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR—CONTROLLER B D MARTINEZ CALIFORNIA u— • y✓ THE TREASURER: RECEIVED FROM s:? fi'.• ORGANIZATION kt*" ION NUMBER . „�P,UBLIC WORKS :650 . (For Cash_Collection Procedures See County'AdministratoYs Bulletin 105.) 'DESCRIPTION, ,':. -FUND/ORG SUB TASK' OPTION ACTIVITY- AMOUNT ;.r ACCT $. 13 A#29066 LP04 PER# -02125 . 000651 9660 REV 6L674A 628:52 BA#2806:3 PER#SD04.68939. 000651 .9660 REV 6L0033 758.04 BA#27334 PER#LP04 02059 ,000651_;9660 REU 6L074A 183.86 BA#27334PER#LP04-02959 000651 9660 REV •. 6L0029- 185.18 20', 9660 REVB4# 313PER#DP04=030Q2 -003 -56001_4 . . 50.00 1411 25.66 PER#VR03-01689, •063520 9660: REV 5BO44X 100.00 B`A#29475 PER#ED05=00403 , 000651 9660 REV 6L084A 363,67, r r BA#18658 PER#SD98 _07998, 000651 .9660 REV 6L0077 1,529:40. rt PB'05'09 INV#911895.F 000651 9105 REV._ 6L685C . 1'44.00 U!TIL ENCR-PER INV#911894: 000651 9105 :REV 6L08 E �{` 5;272.69• -TRUST FUND 00064% 1665 173,662:70. , 819800' ,0800 3,60.0.00 `EXPLANATION:`"' r TOTAL . DEPOSIT. C C Deposit consists of the following items COIN and CURRENCY $ r . CHECKS,M.O.,ETC. "_�; .,rte w BANKDEPOSITS $ . FOR AUDITOR CONTROLLER USE ONLY, DEPOSIT PERMIT DP p UMBER DA p� ASSIGNED Nv Theamount of money descnbed above is for Treasurer's receipt of above amount is approved, Receipt of above amount is hereby acknowledged. F ie^deposit into e Coun}t�treasury Signed &x f�t�t f Date I - '4 Srgne - 1 `�Signed l'itle'i �! EXT„�,• .�”' _,e- - �. DeputyCounY Auditor - Doputy Coun Tmesurar cD 34 ReV (7 93) a v: s d , 4 bF v° •,i !'t t Jt se '`�"r4'+> ;, i�.x'yye•±'F �xur�"": } �3 t��„(x?''tic'•�' Y-y t.-..r , m� i 0649-9665 1831000-0800: 61191654, $4,248.70, MS 01- 00023, Inspection, Providence Housing Partners II, L.P., 1700 North Broadway, Suite 290, Walnut Creek, Ca. 94596, Attn: Kenneth Wu, (925)287-9567 819800-0800: 61191652, $3,600.00, RA 03-01154 Right of Way-Landscape, Guarantee of Performance, Cash Bond, 5hapell Homes, A Division of 5hapell Industries, Inc., 100 North Milpitas Blvd., Milpitas,.Ca. 95035 • � Jl 0649-9665 / 831000-0800: &1191650, $1,550.00, M504-0025 fix} Minor Sub Map Check Fee, Pacific NorthWest Services, 3223 Blume Dr, Richmond,Ca. 94806 0649-9665 / 831000-0800: 61191650, $5072.00, M504-0025 Improvement Plan Review, Pacific NorthWest Services, 3223 Blume Dr., Richmond,Ca. 94806 0649-9665 / 831000-0800: G1191651, $58,400.00, Subdivision 8931 Village 47 Improvement Plan, Major Subdivision Improvement Plan Review, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd. Suite 500, San Ramon, CA., 94583 0649-9665 / 831000-0800: G1191653, $19,500.00, RA 03- 01154, Right of Way Landscape, Landscape Improvement Inspection, Shapell Homes, a Division of Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, Co. 95035 0649-9665 / 831000-0800: 61191656, $4,700.00, SD06-8984 Map Check , O'Brien At Pacheco, LLc, Belmont Terrace, 2001 Windward Wy, Suite 200, San Mateo, Ca. 94404 0649-9665 / 831000-0800: G1191657, $74,942.00, Sub 8993, Major Sub Improvement Plan Review, Hofmann Land Development Co., 1380 Galaxy Wy, Concord, Co. 94520 0649-9665 / 831000-0800: G1191657, $5,250.00, Sub 8993, Major Sub Map Check Fee, Hofmann Land Development Co., 1380 Galaxy Wy, Concord, Ca. 94520 S rflfnisia:RA 03.01154(x-ref 9306) iwd ria. 929 7036b Any claim unCes This 6cM N sent �V "2`ftarlelback Road Suite 500 IMPROVEMENT SECURITY BOND Phoenix, AZ 5 16 FOR SUBDMSION AGREEMENT For Public Right of Way Landscaping (Performance,Guarantee and Payment) (Gov,Code,§§66499&6499.10) 1. RECITAL OF SUBDIVfSION AGREEIMENT.The Principal has executed an agreomcnt with the County of Cor,lra Costa(hereinafter Coun)►to install and pay forstreet,damage and outer nprovemens in RA 03.01154(x-ret 8306)as specified to the Subdivision Agreement,and to complete said work within the time specified for comptefion in Mie Subdivision Agreement,of in accordance with Stale and local laws and rulings thereunder in order to satisfy conditions fur filing of;he Final Niap or Parcel Map for said subdivisier. Under the terms of the Subdllsion Agreement,Principal is required to furnish a bond to secure the faithful performance of the Subdivision Agrooment and payment to laborers and materunlmen. 2. OBLIGATION. Shapell Homes,a Civision of Shapell Industries Inc.,a Delaejare Corp. as Principal,and National Fire Insurance Company of Hartford a corporation organized arid existing under the laws of the State of CT and authorized to transact surety business in California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors, administrators,successes and assigns to the County of Contra Costa,California to payit (A. Performance and Guarantee)Three Hundred Fifty-Two Thousand,Three Hundred and 00/100 Dollen(5_352,300.00 for itself Or any cihy assignee under the above Subdivision Agreement. (B. paymen j One Hundred Seventy-Seven Thousand,Nine Hundred Fifty and 001100.---- OoIW(5($ 177.950.00 J to Secure Mie claims(0 which refarerce is made in Tftle XV(commencing with Section 3082)of Part4 of Divislon III of the Civil Code of the State of California. 3. CONDITION. This obligation is subject to the fei)owing condition. A. rhe condition of this obligation as:o Seciion 2.(A)above is such that if the above bounded Principal,his or Its heirs,executor,administrators, successors or assigns,shall in all things stand to and abide by,and well and truly keep 5rd perform the covenants,conditions and provisions In the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept arid performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,andshall indemnify and save harmless the County of Contra Costa(or cilyassignee),ils officers,agents and employees,as therein stipulated,then this obfigaGon shag become null and void;othereAse itshall be and remain in fait force and effect As part of the obii.3aflon secured hereby and in addition to the face amount speared therefor,there shag be included costs and reasonable expenses and fees, inducting reasonable attorney's fees,incurred by the County of Contra Costa(or cibr assignee)in successfully enforcing such obligation,and to be tared as costs and included in any judgment rendered. 13. The Condition of this obligation,as to Section 2.(B)above,:s such that said Principal and the undersigned as corporate surety are held randy bound unto the County,of Contra Costa and all contractors,suboonfroctors,laborers,meleriaMen and olherpersons employed in the performance of the aforesaid Subdivision Agreement and referred to in Lha aforesaid Civil Coda for materials lumshed orfabor thereon of any kind,or for amounts due ui;der the Unemployment insurance Act with respect to this viork 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 Ilia face amount thereof,costs and reasonable expenses and fees,including reasonable attorneys fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,to be awarded and fixed by the tour,and to be taxed as casts and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shag inure to the benefit of any and all persons,companies,and corporations entitled to file claims under rifle 15(ccimmencing Mth Section 3082)of Part 4 of Divislon 3 of the CH Code,so as to give a right of action to them or their assigns in any suit brought upon lliis bond. Should the condition of this bond be fullyperfom)ed,than this obligation shah become null and void:otherwise n shag be and remain In full force and effect. C. No clarge,extension of time,alteration,or addifrnn to the terms of said Subdivision Agreement or Iha work to be performed themunder or any plan or specifications ei sald work agreed to by the Principal and the County of Contra Costa(or city assignee)shag relieve any Surety from liability on Mus bond;and consent is hereby given ,o make such change,extension of tune,alteration or addition withoutiudher notice to orconsent 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 January 23 2006 National Fire Insurance Ccnrtpany SFi4pell Tb—ms Division of�iapell of Hartford Prtndn3l: Ind. Inc'. .' aaware Corp. Sural Addrm: 100 N. Milpitas Blvd: . Address: 2355 E. Camelback Road, Suite 500 I,ilpitas, CA zior 95035 Phoenix AZ Zip: 85016 B 7n- 41 of SU' e!w -- Print'erne: J Li v C>�3 jai ((% Prim N3Me: Pamela L. Stocks Title: Attorney-in-Fact g. oriel•l.Wmt' �e,J\.l'PSQ. —,__.,,,� S5 :`fad';e:A.3 syrwlu 1r.must ec)�nixiedg.ad. °o axpur atrr.'nra etre.�must ;n. Ine fust s�gnatun a mw:be lust c;the u'1arrman cf''boar'.prisi;7ar11.or v:.a,frestderl.fine $.Gghd.IanatJre rrx;'sl tr that c`the secreibry.MisAarltsoCfemty.chat flna,-Ioal olfcer,c+r1 swsri tKisurer.(Csr.Colo,6 1190 aM Ccvys.Ccde,§313.)) =orm App;ared Gy,County Counsim [Rev Vu-I H`F:-.riy':T.Srz,Sy��rfl>,K 9 Ol.�c 4. SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and §66463) 5/23./0�a Subdivision: RA 03-01154(x-ref 8306) Effective Date: Subdivider: Shapell Homes, a .Division of Shapell Completion Period: 2 year Industries Inc., a Delaware Corp. THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works Director By: �� a (signature) t (print name tle) RECOMMENDED FOR APPROVAL: By: (signature) Engineering Services (print name a it 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 ofthe 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: $ 3,600.00 cash, plus additional security, in the amount of _$ 352,300.00 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. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance underthis Agreement and maintenance of the workfor 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$ 177,950.00 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 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 OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily fora 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. 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 unsuitableplants,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 releasedafter 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 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. t 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 orwillful 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 shallhave 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. 1 . 13. RECORD MAP. Inconsideration hereof,County shall allow Subdivider,to file and record the Final Map or Parcel Map for said Subdivision. :kw lap - - CADocuments and SettingsllleongOesktopllssueslProject FiteMRA 03-11541Shapell Landscape Improvement Agreement RA 1154.doc Rev.May 13.2001 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 Ccfnnecticut 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 Attorney(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 12th day of September,2005. Go.Asugtr tNSURq Continental Casualty Company National Fire Insurance Company of Hartford 006PORATE � � �� NLOIIPOpgrfn A American Casualty Company of Reading,Pennsylvania a g JULY]I, H • � OU SEAL s ! 1912 tesla Q` uale�°�0 • Michael Gengler Sen' r Vice President State of Illinois,County of Cook,ss: On this 12th day of September,2005,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and.which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. 'OFFICIAL SEAL" ; MARIA M.MEDWA • Notary Public,State of WAMis • ``,�_ i Icy Commission Expires alisms My Commission Expires March 15,2009 Maria M.Medina Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 23rd day of January 2006 GASContinental Casualty Company 1Nsue, � + � National Fire Insurance Company of Hartford Zw OORPORAre . 0aarfo American Casualty Company of Reading,Pennsylvania GV a ! 1U' I, SEAL ISO? MAe • Mary A.qikaekis Assistant Secretary Form 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 Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any 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`x'day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI-4Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company 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 scaled 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 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 January 23,2006 before me. Sandy Hanner-Notary Public Dale NAME, TITLE OF OFFICER., JANE DOE. NOTARY PUBLIC- personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) (x) personally known to me-OR - (_) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that ke/she/th"executed the same in:tt1her/2duk authorized capacity0ft), and that by hwherlthw signature(s) on the instrument the person(t),, or the entity upon behalf of which the person(%) acted, executed the instrument. WITNE my hand and al seal. SANDY HANNE _ Commission#1-362157, . -r s NotaryPublic-California SIG ATURE OF NOTARY Los Angeles County My Comm.Expires Jul 2,2006 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and-could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (_} INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (�) PARTNER(S) (.._) LIMITED (_) GENERAL NUMBER OF PAGES (X) ATTORNEY-IN-FACT (_) TRUSTEE(S) (_) GUARDIAN/CONSERVATOR (_) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insuranr. .Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426-5 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On January 25, 2006 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 5 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 '~Tmw f T wttus�� WITNESS my hand and official seal. Cor n*Won#1597428 Nctacy Public-Caltfomla Santa Clara County MVCarM.WmAW24,20Mf Sign ture of Notary Public Optional Information Title or Type of Document: Security Bond - 929270300 - Sub. Agreement Tr 8306 Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of Shanell Industries,Inc.