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HomeMy WebLinkAboutMINUTES - 05232006 - C.15 i TO: BOARD OF SLPFRVISORS ontra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR o Pr ,s Costa DATE: May 23, 2006 oo - w,4oa srA �s county SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for RA 03-01156 (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/ for RA 03-01156 (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 III) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATION(S): RA 03-01156 (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:, SIGNATURE: ✓ ,L-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,-XPPROVE THER SIGNATURES : + ACTION OF BOAR111 BOARON 3, b APPROVED AS RECOMMENDED OTHER VOT OF SUPEVISORS 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 03-01156 BO-I6.doc TR:kg Originator: Public Works(ES) Contact: T.Ric(313-2303) ATTESTED: CC' Public Works- Construction JOHN CULLEN, C.Vrk of the Board of Current Planning,Community Development T-March 16,2008(PI), Supervisors and County Administrator Shapell Homes 100 N.Milpitas Blvd., j Milpitas,CA 95035 ATTN: Sam Worden National FireInsurance Co.of Hartford By eputy 2355 E.Camelbaek Road,Suite 500 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,DeSanlnier,Glover and Gioia NOES: Notre ABSENT: None ABSTAIN: None 5 RESOLUTION NO. 2006/,-,-4'/e SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for RA 03-01156 (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 03-01156 (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 Industries, 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: $1,600.00 Deposit made by: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation Auditor's Deposit Permit No. and Date: 457072 January 10, 2006 z:\GrpData\engSve\ao\2006\05-23\RA 03-01156 130-16.doc I hereby certify that this is a true and correct copy of an TR:kg originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: T.Ric(313-2363) Supervisors on the date shown. cc: Public Works- Construction Current Planning,Community Development ,(�/ T-March 16,2008(P1) ATTESTED: / /GC 41 0&-�� Shapell Homes 100 N.Milpitas Blvd. JOHN CULLEN, C]bW of the Board of Supervisors and Milpitas,CA 95035 County Administrator ATTN: Sam Warden- National Fire Insurance Co.of Hartford 2355 F.Camelback Road,Suite 500 Phoenix,A7. 85016 ATTN: Pamela L.Stocks By ,Deputy RESOLUTION NO.20061 3AB' SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for RA 03-01156 (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 it. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929 270 294 December 20, 2005 Performance Amount: $154,700.00 Labor &Materials Amount: $78,150.00 . 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/`3/ SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and §66463) Subdivision: RA 03-01156 (x-ref SUB 8306) Effective Date: Subdivider: Shapell Homes, A Division of Shapell Industries, Inc.,A Delaware Corp. Completion Period: 2 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works Director By; v (signature) (print name&it I .e�_ RECOMMENDED FOR APPROVAL: By: (signature) ////,//lwl Engineering Service D" (print name&li le) 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"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: $ 1.600.00 cash,plus additional security,in the amount of $ 154.700.00 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 far 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$ 78.150.00 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 X Acceptable corporate surety bond.. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider, C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code, 4. GUARANTEE AND WARRANTY OF WORK. Subdivider 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. 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 all 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 establishmentof plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the woi*k as complete. At tfie discretion of"the Cdunty;-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 of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold'-harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim 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 act or omission(negligent or non-negligent)in connection with the matters.covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: 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. Aw:lap G:1GrpOatMEngSvc1Forms\AG WORDWG-30A.doc - Rev.May 1 S.2001 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On December 28, 2005 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. JANICE T.KRUM WITNESS my hand and official seal. C�"On*1597428 Notary Public-California c� Santa Clara county yCWW ExplMAug24. Sig ature of Notary Public Optional Information Title or Type of Document: Landscape Subdivision Agreement RA03-01156 Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of Shavell Industries.Inc. COUNTY OF CONTRA COSTA Aa'; DEPOSIT PERMIT # j n OFFICE OF CCOUNW AUDITOR-CONTROLI ER(D,) <k K gMART1NEZ CAl1F{ NIA . TO THE TRE4SURER z c r,a ORGiANIZAfiIONaNUti18ER t " For Cash CoNechon 3'roceduressee Count Ad*is"r rsiBullefin,10'5.j• a �DESCRIPTIQN FUND/ORGY TA�SUBrSIC OPTION ACT-my t AMQIIt�tT • { t.%a4!. ,t s , :.�, �a ✓G': ( j x. } .:r4C3 } sttr Jam, p t tir �E 3 '!.r r. ., Y t i: ', � �f✓� j - _ .t V'I id�' /` ./J�. , iU -t�5h`:G s_ iti.1 f • - A 1#T h a i+P�'.. f:/.i• ,+ -A ` .1 f"*f' at ,X 5 „* 3 c., 1, ark �fi t+"• *' '*''"F 4 f s7Yl - {`-r” t ✓_ } ! t x.��rx B 4CS+' � #J ���yy??,, + v s s a s i t R.�i: �.' � t DEPOSITf! r ,� : Deposit carrsrsts of the;fallowirs items-- ; COIN and Gl}RRENCY $ �. ,r „n` FOR AUDITOR CONTROLLER USE ONLY n r' ! ' tPERMITIT r ; NUMBER DP i r • PATE t6- IS l ��+t 4"' •. ASSIGNED ' sr +amount of mane descnbed above is for Treasurer sarecetpf of-above omaont is approved aR'.eeipw<of above amount is hereby x posh rnto the County Treasury °Cd` d t J } �rk°����e�1`y"`��`� I,�.�`r�� '�' f>r •i� z'',' `t� t "` :.,.i '€ �r - � d. s Fy,�'� .. 1 71 Title � p. �" fXT ¢ `tom Deputy County Auditor !Deputy County Treasurer �34�REV{7 93) �t �•� t'r�. t.tf�/ � ,�'�°'"�-��,f-F`�`A� , '--mac• �:•;r _ - --- C6l1NTY OF CONTRA COSTA DEPOSiT PERMiT 3 r : 0kki'OF COUNTY AUDI CONTROLLER ,',MARTINEZ,CALIFCNtNIA ' HE TREASURER' T 1YED OR6ANIZATI�JN NUMBER - - ,r--..� Yom_. .. •' . - . (for.Cash Collechor Procedures-see County;Administthtor's Bulletin 105.).. " x. - DESCRIPTl4N Ft1ND/ORGTASK,OPTION :ACT►my AMOUNT - ' ACCT l a x t eo�A_I.-A J. _11-a "/Y, Al wo iiv' ITION x- DEPOSIT I " eposrt cormsts of the follows items .. ' :,;,-,.-;— � ...- ....__,.-•• �-.� tINLand CURRENCY $...•.�.---•-'-:--_�••».. ! C tfECKS M.O ETC $ r } BANK DE 6w$ FOR AUDiTOR'CCMITROLLERUSE _ DEPOSIT { r J '^ PERMIT' app' NUMBER . {DATE~ ,/ s ASSIGNED. fmoney described aboveu for T` Treasurer srecetpt of Qbo�eamounts approve dw_ Recerypt of above amounti:isyhereby nto the County+Treasury acknowleda ge GC1UM'Y OF C©hITRA CQS D� ' DEP45lT PERM T Y C►�PfCE OF'eCtUNTY AUNTOR-CONTROLLER IVSD FRONit���. � . ORGAN IZAIIONNUMB*R' ZAPSa1fR .'""_'. .:, {for Gash CoUectwn Procedures xee County.Administsvtor.'s Bufletin.105:). ^;� - K.*iyw.S.4Tt FV�Y :,. V a�y� t e•.- #J_' ,�,. 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Ct71N and CtfRRENCY 4W3 a$ y" ��ls � '�� x.,st xwlr��'?�.d P .,.:; * 4,N',k a4. -'..� aij .f # •�i�f. �.,�'�+ ;.t{• ,.�4 � � i c �, a.., «�r' .',,>s �,. •,.w.;.;,,.�.,...,;, �,,,.,� .` u.--�•�r-»'r..:•••.,•.. �{�,�CtiECKS.M.fJ EFC�`%� $ Ss _._.� `{ !�'d a e SANK pEPOslTsG $ ` - - ..- ut > POR AUDITOR CONTRO•�LLER;usE QNL QP f' ` NUMBER72, ,s' DATE '� I /7 EED .x xx •._— a..,,i'h...h. .;:t,.rt µ'- '�•' .,., .� �'� "AI'YIY1"'U�.-^:.J'S amount pf nxineydestrEbed above is for Treasurer x recelp#"of above amount is approved ZReceipt of.above ariiount s hereby 5 I(lfp'{f1Q COUtt# ""''' ,•titkrip'Ati('<f @('� - 'G +<-� > ya y ss '' �i a_ evi^ sr3 1 ✓ I`,ed #a w✓ ' j ;. rt%"�9ne Signed k ".^" tleTM EXT'r aj S; t?e yt Cciun Aud�tgr i '�" fia DeputyCountyrreasuilN f�" �:s. �"1�����.. ";� :•.r'-�, .�.Via:.=.��fia ;F.�Si-. Fw Yz _.tY... _ :4 "*,gym-:�`•� - - - - ���t.3'�3`� �' i �1��'4^'�'s �z��''' • �" '3' "�. _i�1,��� f�P � -�sis� .fi,,',,.� „,.�.`"•s,'. 819800-0800: &1190218, $11400.00, RA 03-01153 (Landscape) Guarantee of Performance Cash Bond, Shapell Homes, a division of Shapell Industries, Inc., 100 North Milpitas Blvd. 819800-0800: G1190220, $1,600.00, RA 03-01156 (Landscape) Guarantee of Performance Cash Bond, Shapell Homes, a division of Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, Ca. 95035 0649-9665 / 831000: 61190219, $9,700.00, RA 03-01153 (Landscape) Improvement Inspection Fee, Shapell Homes, a division of 5hapell Industries, Inc., 100 North Milpitas Blvd. Milpitas, Ca. 95035 0649-9665 / 831000: 611902321, $10,500.00, RA 03-01156 (Landscape), Landscape Improvement Inspection Fee, Shapell Homes, a division of 5hapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, Ca. 95035 0649-9665 / 831000: G1990222, $2,500.00, Fee Service 0500056 (EI Paseo Apartments) Plan Review, APN 411-020-022,- 034, City of San Pablo, One Alvarado Square, San Pablo, Ca. 94806 0649-9665 / 831000: 61190223, $5,000.00, Fee for Service 0600057 (Plan Review for Sub 8674) Richmond American Homes (Bay Area), 5075 Hopyard Road, Suite 210, Pleasanton, Ca. 94588-2797 0649-9665 / -831000: &1190224, $2,475.00, SD04-8505, Map Check, Davidon Homes, 1600 S. Main Street, Suite 150, Walnut Creeek, Co. 94596 a 0649-9665 / 831000: G119022.5, $15,808.00, SD 04-8905 Plan Check, Davidon Homes, 1600 5. Main Street, Suite 150, Walnut Creek, Ca. 94596 828600-0800: 61191136, $45.00, AOB N. Richmond, #R354261, United Heritage Industries, Inc. 5216 Wall Ave "A", Richmond, Ca. 94804 0 t w' Subdivision, R.'� 03- 01156 (x-ref SUB 8"06) T and No.; 929 270 294 Premier: $1,160.00 IMPROVEIME,NT SECURITY BOND R�1R PIJBLIC ItIGI-TT OC l`r'AY LAP','DSCAPLeAG_t.LE,HENT (Performance, Guarantee, and Pa",ment) (C;alifnrnia Gover�lme)jt rb&` Sections 664.62 ano 66463) 1. RECITAL Or SUBDiVISION AGREEMENT: The Pi-incipai Us c;cecut,;d an agreement with 6W.; Coun(y (a install and hay for public right of'-way laridscaping, and other related improvements along _ RA 03-01156 (x-ref SUB 8306) as specified in the Subdivision Agreement(Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivisioii Agreement(Right of Way Landscaping),all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. , as Principal, and National Fire Insurance Company of Hartford ,a corporation organized existing colder the laws of the State of CE _, and authorized to transact surety business in California, as Surety, hereby jointly and sever:llly bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: One Hundred FiftFour Thousand Seven Hundred and*00/100 Dollars (S_ 154,700.00 ) for itself or any city assignee Under '.he above County Subdivision Agreement, lulus B. Payment: Seventy Eight Thousand One Hundred fifty and 00/100 Dollars($ 75,150.00 ) 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 'Tate of California. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) abo,.,e is such tLat if the above bounded Principal,his o-:its heirs,executors,administrators,successors or assigns,shall in all things sand to oad abide by, anu well aad truly keep and perform the covenants, condition';' and provisions ]r; the said a :eement and any alteration thereof made as therein provi:led, on is or its part, to be kept and perfo mcd at the time and in the manner therein specified,and in z:11 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 tl erein stipulated, rr.;n iris obligation shall become Mill and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured herebyand in addition to the face amount specified therefore,there shall be included costs and reasonable.expenses and fees, including reasonable attorney's .fees, incurred by County(or city assignee) in-st>ccessfully enforcing such obligation, all to he 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 coiwactors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will lay the same in an amount not exceeding the amount herein above set forth, and also in case sunt is brought Upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated_and agreed that this bond shall inure to the henefit of duly and all persons,com}ianies and corporations entitled.to file claims under"Title 15(commencing with Section 3082)of Part 4 of.DMsion 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 frilly performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety(from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on December`'20, 2005 Shapell Bones, a Division of Shapell Industries, Inc. , a National Fire Insurance PRINCIPAL: Delaware Corp, SURETY: Company of Hartford Address: 103 N. Milpitas Blvd. Address: 2355 E Camelback road, #500 City; Milpitas CA Zip, 95035 Ily ;jjj Zip: 85016 By: Print N me: � i��`C/3 fz-iP Print Naive: Pamela L. .Stocks Title: 7 vP. Title: Attorney-fru Fact By: Prime Name and Title: UPWS I1SI-1ARDA1'A\GIpDillalCn.-Svu\PumtsSr3N\vORf)\13N-12A.doc Rev.June i 7,1995> POWER OF ATTORNEY APPOINTING-INDWMUAL 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 Hanker,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 12th day of September,2005. GAS 4 mss* o, Continental Casualty Company National Fire Insurance Company of Hartford GWON"*F sae tra American Casualty Company of Reading,Pennsylvania s JULY 71. o� SEAL T�10 t I902s 1897 NARK" • 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 swom,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. j •OFFICIAL SEAL' ; MARIA M.MEdMA j ♦ My ary Coamblk.Sbl•of 11 • - �� .�.IrK/I`� �My CanmistiExpires 3/15MbA1/ My Commission Expires March 15,2009 Maria M.Medina Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 20th day of December 2005 GAS tr��r 01SUR4 Continental Casualty Company National Fire Insurance Company of Hartford CORP S�NcoaatFo American Casualty Company of Reading,Pennsylvania is /ULY 71, �v SEAL ° e 19ot 1897 NA Mary A.R�ikaj&s 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 Attomey-in-fact. The Chairman of the Board of Directors, the President or any Executive"Senior or Group Vice President may, from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Companyin 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 anytime,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 the Company. "Article VI—Execution of Obligations and Appointment of Attorney-In-Fact - Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates 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 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 Attomey-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 20,2005 before me. Sandy Hanner-Notary Public Oate 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(*) is/am subscribed to the within instrument and acknowledged to me that he/she/tW executed the same in*ft/her/tfaair authorized capacityy es), and that by hiW/her/ttMU signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS hand and official eal. SANDYRANNER Commission#136215Z' emy Notary Public-CalifbmiaLos Angeles Qounty IGNATU E OF NOTARY Comm.t=ipires Jq 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 Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE a•Io�.2a-o NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer:Western Surety Company,Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable suretylinsurer deductible. Form F7310 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On December 28, 2005 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. JANICE T.KRUSE Commisalon*1597428 WITNESS my hand and official seal. • Notary Public-Calltomlo Santa Clara County My Comm.EOMS Aug 24,2 4Signture of Notary Public Optional Information Title or Type of Document: Landscape Improvement Bond RA03-01156 Tr. 8306 Capacity Claimed by Signer: Assistant Vice President & Assistant Secretary of Shanell Industries.Inc.