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HomeMy WebLinkAboutMINUTES - 08122003 - C.12-C.16 t ;< CONTRA COSTA Cc Recorder Office STEPHEN L. WEIR �9Clerk-Recorder �c Recorded at the request of: DOC— 200 -039845 /— 71,171 Contra Costa County Wednesday, JYJ Hoard of Supervisors FRE $0.00 AUGRUG 13 2P1®3 09:25:3 f Return to: Public Works Department Tt 1 Pd $0.00 9 756 Nbr-000167 Engineering Services Division I r C 7 56/1– Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 12, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 509 SUBJECT: Accepting completion of improvements and declaring certain roads as county roads for RA 1082 (cross-reference Subdivision 7796) Lilac Ridge Road, San Ramon (Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements in RA 1082(cross- reference Subdivision 7796)have been completed as provided in the September 21, 1999 Agreement with Shapell Industries of Northern California, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. 3G:rm G:\GrpData\EngSvc\BO\2003\8-45-03\RA 1082 B045.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of cc: Public Works Tax LD,Accounting -T.Bell,Construction Div. Supervisors on the date shown. -M.Valdez,M&T Lab H.Finch,Maintenance Div. -1.Bergeron,Mapping Div. ATTESTED: AUGUST 12, 2003 J.bray,Engineering services Sheriff-Patrol Div.Commander JOHN SWEETEN, Clerk of the Board of Supervisors and CHP,c/o Al County Administrator CSAR–Cartog City of San Ramon Joye Fukuda 5000 Crow Canyon Road " San Ramon,CA 94583 By , Deputy Shapell Industries of Northern CA 1` Steve Savage&Sam Worden 100 N.Milpitas Blvd, Milpitas,CA 95035 American Casualty Co of Reading PA 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 91367 RESOLUTION NO.2003/ 509 SUBJECT: Accepting completion of improvements and declaring certain roads as county roads for RA 1082 (crass-reference Subdivision 7796) Lilac Ridge Road, San Ramon (Dougherty Valley) area. (District III) DATE: August 12, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of August 12, 2043 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANKJS URETY September 21, 1999 American Casualty Co.of Reading,PA BE IT FURTHER RESOLVED the payment(labor and materials) surety for$120,600.40, Bond No. 929097430 issued by the above surety be RETAINED for the six month lien guarantee period until February 5,2004,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that Lilac Ridge Road the hereinafter described road, as shown and dedicated for public use on the Final Map of Subdivision 7984 filed October 28,2002,in Book 448 of maps at Page 29, Official Records of Contra Costa. County, State of California, is ACCEPTED as complete. Upon acceptance by the Board of Supervisors,the County shall contract with the City of San Ramon for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. Road Name Read-R./W Widths Lengths(Miles) Lilac Ridge Road 39' —72' 4.28 BE IT FURTHER RESOLVED that the County will not be issuing a road number for Lilac Ridge Road. The road is to be annexed to the City of San Ramon. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$2,400.04 cash deposit(Auditor's Deposit Permit No. 331987 ,dated May 18, 1999)made by Shapell Industries of Northern California and the performance/maintenance surety bond rider for$35,840.00,Bond Number 929097430 issued by American Casualty Co of Reading PA be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2043/509 Executed in Triplicate VFm URE RA-1082 Bridges at Gate Ranch School Roads PLM LE 135 Increase-Decrease Rider To BE ATTACHED TO and form part of Bond Number . .. >K2g 097 4N._..__..._... issued by the AmericanCasualty Company of Reading PA as Surety,on behalf of Shape€€ industries of Northern California of Milpitas, CA hereinafter referred to as the Principal,and in favor of ColInty of Contra Cgsta of. .. .Martinez,CA __..,..., , .._.. . .. ..» .>..... .....� __..._,.. . .._... ........ .,.,., hereinafter referred to as the Obligee,effective the _...__Zlb . ,day of. . ....>..YPY, IN CONSIDERATION of the premium charged for the attached bond and other goat and valuable consideration it is understood and agreed that effective the day of . _._Jul 2003 ,and subject to all the terms, conditions and limitations of the attached bond,the penal,sum thereof shall be and the some is hereby decreased from the sum of Two Hundred Thidy Fight Thousand Ei ht Hundred-and no{1 0"",-Performance Only Dollars(_ WQ9X _._), to the sum of Tl i. Five Thousand Eight Hundred and no1100"""Performance Only IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aregate liability of the Surety for any toss occurring prior to sald date shall not exceed the sum of Two undred Thirt Eight Thousand Eight Hundred and no/100 Performance On€ Dollars( $238,800.00 } or for any loss occurringsubsequent to said date shall not exceed the sure of Thirty Five Thousand ight Hundred and not100"""Performance Only poplars(,x„38.800.00** }. In no event,however,shall the aggregate liability of the Surety exceed the larger of the aforementioned sures, it being the Intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATED this 2nd day of July 2003, Accepted By: County of Contra Costa 2 Shapell Industries of Northern California i Bim �� .�?. ���' r /f (Seal) f B Amrichasva€t man of Reading PA (surety) BY: ,r (Seal) SUR-23189-D Pamela L. Stocks, Attorney-in-fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,'T 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 Manner,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-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. "Phis 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 Vice President and their corporate seals to be hereto affixed on this 6th day of March,2003. G"W Continental Casualty Company , * ae National Fire Insurance Company of Hartford (f, *e ,, " +ria American Casualty Company of Reading,Pennsylvania tN07 Michael Gengler Sen .Vice President State of Illinois,County of Cook,ss: On this 6th day of March,2003,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 El tZA PRt+CE w WJR7 s My Commission Expires September 17,2006 Eliza Price 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 Pennsyjy&pj"Q=ration do hereby certify that the Power of Attorney herein above set forth is stilt 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 coiporations this 2xttl, day of JLil -- 2003 X �, Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania ALYt i Mary A.Rika kis Assistant Secretary Form F6$S3 Mate of CALIFORNIA County of LCIS ANGELES On July 2, 2003 before me, Sandy Hanner - Notary Public Date NAME.TITLE r3P OFFICER,."JANE DOE. NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) (2L) personally known to me-OR- (—)proved to me on the basis of satisfactory evidence to be the person} whose name(4 isharasubscribed to the within instrument and acknowledged to me that h*she/AM executed the same in kdWher/ft&.authorized capadty{i and that by I rWher/W signatureo}on the instrument the person(S), or the entity upon behalf of which the person(:] acted, executed the instrument. ."•"" .. ` ,; �- WITNESS fy hand and official seal. SANDY HANKER ` Commission#1362157 Notary Public-California 81GNA OF NOTARYLos Angers 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 {X ATTCIRNEY IN-T=ACT NUMBER OF WAGES TRUSTEE{S} GUARDIANICONSERVATOR {...} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: : NAME OF PERSON(S)OR ENTITY(IES) American Casualty Company of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE G-raT+r2li-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California County ofdPwt SS. On before me`---� �C Date Name and TtUe of Officer(e.g.,'Jar*Doe,NZL%Pt2W) : personally appeared ''C Names)of Signer(s) ersonalty known tome ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4eare _ subscribed to the within instrument and `f ��T.� acknowledged to me that fr�ey executed CtxnM"on# 1318697 the same in --hi,+sA*rftheir authorized N01mvPL"c-Cc*kxnbcapacity(ies), and that by hW4eriltheir Sonia d CiCounty � signature(s)on the instrument the person(s),or ltCdntYr.i>?oa Aug 24. the entity upon behalf of which the person(s) acted, executed the instrument. ITNESS my hand and ffl seal. v Signature of Notary PubNc 0 NA Though the information below is not required by law,it may prove valuable to persons relying on the daoument and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: '3 i` Document Date: Number of Pages: _ Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: ❑ i ividual Top of thumb here Corporate officer—Title(s): 0 Partner---'U Limited ❑General ❑ Attorney-in-Fact ❑ Trustee G Guardian or Conservator ❑ Other, --------------------- Signer Is Representing`"" tJ f C 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313.2402 Prod,No,5907 Reorder:Cat!Tog-free t-800-878-8827 CONTRA COSTA Co Recorder Office t�►• f STEPHEN L. LEIR Clerk-Recorder �r Recorded at the request of: DOC— 200` 0398458-00 Contra Costa County W:rdn*aday,, AUG 13, 2003 08:26:40 Board of Supervisors FRE $0.00 Return to,Works Publicrks Department Tt 1 Pd $0,H Nbr-0001677674 Engineering Services Division 1 r C/R5/1-6 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 12, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 510 SUBJECT: Accepting completion of improvements and declaring certain roads as county roads for RA 1083(cross-reference Subdivision 7796)North Orale Ridge Road,San Ramon (Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements in RA 1083(cross- reference Subdivision 7796)have been completed as provided in the September 21, 1999 Agreement with Shapell Industries of Northern California, heretofore approved by this Board in conjunction with the filing of the Subdivision Map, JG:rm G:tG;-iData\EngSvc\BO\2003\8-12-03\RA 1083 B045.doc or€gtnator: Public Works{Es} I hereby certify that this is a true and correct copy of an Contact: TeriRie(313-23t LD,Accounting action taken and entered on the minutes of the Board of - cc: Public Works Tax 1. T.Bell,Construction Div. Supervisors on the date shown. -M.Valdez,M&T Lab H.Finch,Maintenance Div. -1.Bergeron,Mapping Div. ATTESTED: AUGUST 12� 2003 J.Gray,Engineering Services Sheriff-Patrol Div.CommanderJOHN SWEETEN, Clerk of the Board of Supervisors and CHP,c/o Al County Administrator CSAA–Cartog City of San Ramon Joye Fukuda 5000 Crow Canyon Road sr f San Ramon,CA 94583 By r r. deputy Shapell industries of Northern CA ' Steve Savage and Sam Worden 100 N.Milpitas Blvd. Milpitas,CA 95035 American Casualty Cc of Reading PA 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 91367 RESOLUTION NO.2003/ 510 SUBJECT: Accepting completion of improvements and declaring certain roads as county rows for RA 1083(cross-reference Subdivision 7796)North Gale Ridge Road,San Ramon (Dougherty Valley) area. (District Ill) DATE: August 1.2, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of August 12, 2003 thereby establishing the six-:month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY September 21, 1999 American Casualty Co.ofReading,PA BE IT FURTHER RESOLVED the payment(labor and materials) surety for$971,000.00, Bond No. 929097473 issued by the above surety be RETAINED for the six month lien guarantee period until February 5,2004,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that a portion ofNorth Gale Ridge Road from Station 8+54 to Station 11+80, as shown on the RA 1083 improvement plans, the hereinafter described road, as shown and dedicated for public use on the Final Map of Subdivision 7984 filed October 28,2002,in Book 448 of maps at Page 29, Official Records of Contra Costa County, State of California, is ACCEPTED and DECLARED to be a county road. The maintenance of the culverts crossing West Branch Alamo Creek are excluded from County/City maintenance. Also,the portion of North Gale Ridge Road constructed as RA 1104 is also excluded from County/City maintenance. Upon acceptance by the Board of Supervisors, the County shall contract with the City of San Ramon for maintenance for a portion of North Gale Ridge Road in accordance with the Dougherty Valley Memorandum of Understanding. Shapell Industries of Northern California shall maintain the culverts and the remainder of North Gale Ridge Road until such time the Board of Supervisors accepts the culvert work(DA 00 17) and the remaining road work(RA 1104) as complete. Road Name Road-R/W Widths Lengths (Miles) North Gale Ridge Road 39' —72' 0.20 BE IT FURTHER RESOLVED that the County will not be issuing a road number for North Gale Ridge Road. The road is to be annexed to the City of San Ramon. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $19,420.00 cash deposit (Auditor's Deposit Permit No. 337342 , dated September 2, 1999) made by Shapell Industries of Northern California and the performance/maintenance surety bond rider for$288,400.00, Bond Number 929097473 issued by American Casualty Co of Reading PA be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2003/510 CAA suREry Executed in Triplicate RA-1083,Gale Ranch Increase-Decrease Rider TO BE ATTACHED TO and form part of Bond Number ..,.. ,929 097 473 __..._.. Issued by the _American Casualty Company of Reading, PA __.. as Surety.on behalf of Shapell Industries of Northern California,A Division of Shapell Industries, Inc. of Mil itas CA _....__.. ,hereinafter referred to as the Principal,and in favor of Qounty of Contra,QQsta - Of_ ....Martinez, CA ....... .. ..... . .. .. . .. . .._ __.. .... . .._... ., ,,. - -�-- hereinafter referred to as the Obligee,effective the __2.61tL . .day of. IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective than 2nd day of ._-_July,July, 2003 ,and subject to all the terms, Condit€ons and limitations of the attachad bond,the penal sum thereof shall be and the same Is hereby decreased from the sum of One Million Nine Hundred Twenty Two Thousand Six Hundred and no/100`**Performance Only to the sum of .Twg. I *•* Dollars 0288.400.00*** IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate llalb3iity of the Surety for any loss occurring prior to sold date shalt not exceed the sum of One Million Nine Hundred Twent y Two Thousand Six Hundred and no/100""$Performance Only . .. _... ..... _... ...Dollars{ $1,922,600.00*** ), or for any loss occurring subsequent to said date shall not exceed the Burn of Two Hundred Eighty Elght Thousand Four Hundred and no/100'""Performance Only 011arS{ 2213.400.00*Y*s. In no event,however,shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, Rising- the Intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATED this -1n-41—day of _ _July 2003. Accepted By: Shapell Industries of Northern California, County of Contra Costa f a Division of Shapell Industries, Inc. +� .. (earl #pal � Y' -'' f (Sean) _ merican Cas Ity Company of Reading PA ( sty} ,._...„„�. {Seal} SUR-23169-D amela I_.Stocks, Attomey-€n-fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know AU 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 heading,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,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-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 Vice President and their corporate seals to be hereto affixed on this 6th day of March,2003. tyWr tK Continental Casualty Company National Fire Insurance Company of Hartford o°"'""""' is American Casualty Company of Reading,Pennsylvania wtY Ii, sly t11tt7 "ct,._ � Michael Gengler Sen• Vice President State of Illinois,County of Cook,ss. On this 6th day of March,2003,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,rational Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed flit above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seats;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. Ati~F C'1A 1MNM{Y FSIg410,k"7 = L EttZR PRICE W 1WAYONNi a o My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE 1,May 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 PcnnsXj%"pqMqmtion 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,qn Oe reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this d day of Ju ly 2003 �crContinental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania $E& Hit. Form F6853 Mary A.R ika is Assistant Secretary 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 attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17'h day of Felin ary, 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." ADOP'T'ED 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 attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shalt have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17dday 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 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*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 our 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 July 2. 2003 before me, Sandy Banner - Notary Public Date 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 persona)whose name(#is/alsubscribed to the within instrument and acknowledged to me that Wshe/JtM executed the same in#rdllr/her/t#xtc authorized capacity{ , and that by Nwher/t#1 signatureo)on the instrument the person(tE), or the entity upon behalf of which the person(j) acted, executed the instrument. "ten=�=- WITNESS y hand and official seal. + SANL?Y BANNER Commission 01362167 e Notary ic Californiaal � =raSrC3NA RE OF NOTARY My Comm.Expires Jul 2,2M OPTIONAL Though the date 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 (.i) INDIVIDUAL. CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT {_...) PARTNER(S) {.. .) LIMITED (�}GENERAL NUMBER OF PACES ( } ATTORNEY-IN-FACT { ) TRUSTEE(S) (.�} GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON( 4R ENTITY(IES) American Das�Ialty ompany - of Reacting,Pennsylvania SIGNERS)01=.TJJAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �~-- County of _ .��\.)� `� ti ,� ss. On before me iU\ 1 Q ti ti Date t�r� r, Name and Title of Officer(e.g.,"Jane Doe,_U292 Pub 7 personally appeared Name(s)of Signer(s) personally known to me 01 proved to me on the basis of satisfactory evidence to be the person(s) whose names)-Ware _ subscribed to the within instrument and - � %� acknowledged to me that 4o fi /they executed .iANICET the same in +dsftmTftheir authorized Commission#13188 �� iesacit t ea , and that by heir �1�wy Public-Callf imia p ) Cid � signature(s)on the instrument the person(s), or agnm*Cttt+ttli. AiV24. the entity upon behalf of which the person(s) acted, executed the instrument. ITNESS my hand and official seal. 1 Siif;;Wure of Notary Public OPTIONAL TONAL Though the information below is not required bylaw,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 t Title or Type of Document: C_ RA Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: 0 Individual1 Top of thumbh" p''Corporate Officer—Title(s):' 0 Partner—0 Limited 11 General 0 Attomey-in-Pact © Trustee © Guardian or Conservator © Other: Signer is Representiru� '� 0 1959 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.naUonWnotery.org Prod.No,5907 Aeorder.Cali Tait-Free 1.800.878-8827 e'd THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on August 12, 2003,by the following vete: AYES: SUPERVISORS GIOIA, UILKENA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION-NO. 2003/511 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7583,being developed by Manuel Del Arroz, El Sobrante area. (District I) The following documents were presented for Board approval this date: I. leap The final map of Subdivision 7583, property located in the El Sobrante area, Supervisorial District I, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Manuel Del Arroz,principal,whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board.of Supervisors Originator:Public Works(ES) Contact: Chris Lau(313-2293) on the date shown. G:\GrpData\EngSvc\BO\200318-12-03\SUB 7583 BO-21.doc CL:rm cc: Public Works—T.Bell,Construction Current Planning,Community Development ATTESTED: AUGUST 12, 2003 T—June 12,2004 Manuel Del Amz JOHN SWEETEN,Clerk of the Board of Supervisors and 3925 Old Santa Rita Road,Ste 200 County AdministratorPleasanton,CA 94588 Appian Village,LLC JeffireyM.Woods 3925 Old Santa Rita Road,Ste.200 Pleasanton,CA 94588 By ,Deputy The Bank of Walnut Creek John R.Sheets 1400 Civic Drive Walnut Creek,CA 94596 511 RESOLUTION NO.2003/ SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7583, being developed by Manuel Del Arroz,El Sobrante area. (District I) DATE: August 12, 2003 PAGE: 2 A. Cash Band Performance amount: $3,800.00 Auditor's Deposit Permit No. 399191 Date: January 21,2003 Submitted by: Appian Village, LLC Tax ID Number: 41-2060672 B. Letter of Credit Financial Institution: The Bank of Walnut Creek Letter of Credit Date: July 24, 2003 Performance Amount: $20,000.00 Labor&Materials Amount: $191,500.00 Principal: Appian Village, LLC III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2002-2003 tax lien has been paid in full and the 2003-2004 tax lien,which became a lien on the first day of January 2003, is estimated to be $27,300.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Cash Bond Auditor's Deposit Permit Number: 409053 Date: July 22,2003 Amount: $27,300.00 Principal: Manuel Del Arroz NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said parcel map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/511 SUBDMSION AGREEMENT .#� (Government Cade§66462 and§66463) Subdivisions T` Principals K A4 V�, A 1,,.. Effective Date. , 12, Zj—rr—)3 Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETOs COTRA QQ�A QQUNT PM IPAL Maurice M.Shiu,Public Works Director By: {signaturo} x (Flirt netne a7 RECOMIvfENi}BD I? OVAL By: (signature) 1 g Services IltVSsit7n (Print nam&tide) vut/ FORM P OVED: Victor J. Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313) 1, PARTIES-&DATE. Effective on the above date,the County ofContra Costa,California,hereinafter called"Coon "and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVFMENTT", Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (including future amendments thereto). Principal shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordancewith 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. W.RQ�T�F�141 SEC=. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance.Code,provide as security to the County: A. FLr P_e_r-fQ ick anti CruarMtee: $ *2_>,o.500 cash,plus additional security,in the amount:$ 20..V 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,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For-Payment: Security in the amount:$_ q�,a SDO-- ,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. --.%.41 Acceptable irrevocable letter of credit, With this security, Principal guarantees payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. CUARANTEB AND WARRAN Tl'0P WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system, 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants, Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete, 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as prornised 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,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless ofwhether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions_causing liability are any act or omission(negligent or non-negligent) in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. O 'I'S: Principal shall pay when due, all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County;even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally, The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. RL:JD:kd G:1Grp'De4A3ngSvc\Farm\AG WORD AG-30.doc Rev. October 25,2001 ........................................................................................ _._.... CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of j_t rz<P31 A OPTIONAL SECTION County to£ / '` ' ZZ>t,--rA CAPACITY CLAIMED BY SIGNER On 't�°/ .before mc, ' f -'"' "'�JThough statute does not require the Notary to fill In DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to �� �_), z_ persons relying on the document. personally appeared �t+°`"� NAME(S)OF SIUNER(S) ❑ INDIVIDUAL personally known to me-OR-L. proved to me an the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and aelmowledged to me that he/shtAky executed 0 PARTNER(S) ❑ LIMITED #MVV1VVQV_ the same in his/her/* a authorized 0 GENERAL capacity(ies),and that by his/herir 0 ATTORNEY-IN-FACT signature(s)on the instrument the persons)or 0 TRUSTEE(S) the entity upon behal€ofwhich the persons) ❑ GUARDIAN/CONSERVATOR acted,executed the instrument. ❑ OTHER: iTNESS my nd an o ficial seal, �� SIGNER IS REPRESENTING: j NAME OF PERSON(S)OR ENTITY(IES)} SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages L>M E Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have Ne-au onty to sign for an Eind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be sig' net y two off. ers, one from each of the following two groups: GROUP 1. Ha, The Chair of the Board The President Any Vice-President GROUP 2. a The Secretary An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." 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Burt, 14385 Ciera Court, Poway, CA 92064 000648-9140 / 812100: G1109176, $24,505.00, SUB 7583 Drainage Deficiency Mitigation, Appian Village, LLC, 3925 Old Santa Rita Road, Suite 200, Pleasanton, CA 94588 000649-9665 / 831000: G1109176, $20.456.00, SUB 7583 Major Subdivision Improvement Inspection, Appian Village, LLC, 3925 Old Santa Rita Road, Suite 200, Pleasanton, CA 94588 v0a(47%-9191 / 818860 ' G)lc) .300 t LeOSe, PIOYMerrt JMQark! A0631-The. ConJ6roihium 0,4 C/o CF 1 I3 o /4rnc))C rive°} BANK F WALNUT CREEK SINCE 13�8G Appian Village LLC Subdivision #7583 July 23, 2003 Board of Supervisors Contra Costa County Administration Building Martinez, CA 94553 Re: Instrument of Credit delivered as Improvement Security: Combined Performance and Labor& Materials Security (Contra Costa County Ordinance Code Sections 94-4.406 and 94-4.408) Dear Board: The Bank of Walnut Creek, a financial institution, subject to regulation by the State of California or the Federal Government of the United States of America, delivers to Contra Costa County this instrument of credit as security for certain improvements in accordance with the Subdivision agreement for Tract #7583 and referred to herein and by this reference made a part hereof, subject to the following conditions: 1. We pledge that we hold and will hold on deposit the sum of $20,000.00 as trust funds guaranteed for payment to Contra Costa County (or successor city) to secure Appian Village LLC's (hereinafter referred to as "Principal")faithful performance of the subdivision agreement executed by Principal and Contra Costa County for Subdivision 7583 for the commencement and construction of work and improvements as described in said subdivision agreement and the Subdivision Ordinance of Contra Costa County. We will so hold this sum until the commencement, completion, and written acceptance by the Contra Costa County Board of Supervisors of all work and improvements under said subdivision agreement. Prior to acceptance, upon demand by Contra Costa County (or successor city), the whole or any portion of said funds shall be paid forthwith to the County(or successor city) for use toward the commencement and completion of the work and improvement as it sees fit. (Note: If the agreement provides for a maintenance period, utilize Section 2) 2. We further pledge that we similarly hold the additional sum of dollars $191,500.00 on deposit as trust funds guaranteed for payment to any contractor, his subcontractors, and to any and all persons, companies or corporations furnishing labor or materials or services; or renting equipment to the Principal or the contractors or his subcontractors for the performance of said agreement; and for amounts due under the Unemployment Insurance Act with respect to such `400,Civic D ve 'PO- Boy 808•'.; h/� Wit_. ei<,CA �„�.,�, .,,., X425'532-5353 - vvvvvv.bow�r .co-- , 1: .,-N work or labor. Contra Costa County is to authorize payment if there is a valid claim against said funds. After passage of the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Code and after written acceptance by Contra Costa County (or successor city) that all work and improvements under said agreement are complete, this sum may be reduced to an amount not less than the total claimed by all claimants for whom claims of lien have been recorded and notice t hereof given in w riting to the Contra C osta County Board of Supervisors, and if no such claims have been recorded, the sum may be released in full. It is hereby agreed that the obligation set forth in Paragraph 2 shall inure to the benefits of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought. 3. No alteration of said agreement, or of any plans or specifications of said work, agreed to by Contra Costa County and Principal, shall relieve us from liability on this letter of credit. We hereby give consent for any such alterations to be made without further notice to or consent by us. We hereby hold ourselves bound without regard to and independently of any action against Principal whenever taken. We further agree that if Contra Costa County sues on this letter of credit, we will pay, in addition to the face value of this letter, all its reasonable costs, expenses and attorneys fees incurred by it in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be include in the judgment therein rendered. This instrument of credit is irrevocable and subject to recordation of Bank of Walnut Creek's Deed of Trust. Financial Institution: Subdivider/Principal: Bank of Walnut Creek Appian Village LLC € swear under penalty of perjury that I have The undersigned hereby agrees to all the the authority to bind the above-named terms and conditions set forth and releases financial institution to the terms of this letter the financial institution executing this letter of of credit. credit from all liability except as herein specifically set forth. Executed at Walnut Creek, California, Executed at tdu on July 24, 2003 California, on By: John R. Sheets, Executive Vice President By: f9 ature , re CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT T>�m,..�...s,��•��k.-�,.rc�.>`!�'iia'"v.�4�us;`:8�,�wa'�'",�,'y���,�ts+.'S�....'�,�...s'YK'�K�'�„�^.s��..'^.�z'i�s.``r-'�„�°��.�.�:is:�ti�rk7'�.>>';�`t�.a,:.:_ ,, ' ;' �l Mate of California r SS. r.; County of r; it s �) On_ before me - Date .amend Tit( Offtoar(e .,"J-sap o, o ry Pubi!c"} pe, onaliy appeared ;'. a personally known to me i� proved to me on the oasis of satisfactory evidence to be the person's) whose name(s) is/are a i subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their '' vy J.M.BAMALUPI signatures)on the instrument the person(s),or rnriatt#13fit59 the entity upon behalf of which the person(s) Nobly Public-Caitf min acted, executed the instrument. Costae COMA t,ctuuttty 5 4DRYCOmm.EW€r .ui10,2W8 WITNESS my and and official seal. -44 S? ,urea o;Note, u is OPTIONAL y; Thou gh the information.below is not required bylaw,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 ?V Title or Type of Document: L Number of Pages: Documen� Date: - _ t — Signer(s)Other Than Named Above: ;. >x; Capacity(ies) Maimed by Signer Si--: Signer's Name:. NOW J.., y Individual Top of thumb here i U corporate Officer – Title(s): Cl Partner—❑ limited ❑General �� E C1 Attorney-in-Pact { ❑ Trustee Guardian or Conservator l� ;t LJ Other: cn Signer is Representing:_. L s 0 1999 National Notary Association•9350 Oe Soto Ave.,P.O.Bax 2402•Chatsworth,CA 91353-2402•www.nadonainotary.crg Prod.No.5907 Raorder:Cai1 Tof!-Free 1.800-676-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ?� State of California r ss. County of h On before me, _d tDate Na d 7itle of Offl^. .g.,"Jana e,Notaryisutflq ?`1 personally appeared : �� � � Neme(s)of Signers) ❑personally knownto me yXproved to me on the basis of satisfactory ,< evidence to be the persons) whose name(s)ai ,�kre subscribed to the within instrument and vacknowledged to me thatiFshe/they executed the same in Dherltheir authorized capacity(ies), and that by ICMWherltheir .y signatures) on the instrument the person(s), or r^?, J.M. the entity upon behalf of which the person(s) ��01 Notit9r Pim-cater acted, executed the instrument. C*nft Coate coo* WITNESS my h d and official seal. h .� , Sigr,g o otary' ublic J OPTIONAL le � Though the informatior,below Is not required bylaw,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 Title or Type of Document: ZL :ra Document Late: r _�=�%�:� Number of Pages: 5 Signer(s)Other Than Named Above: y r Capacity(les) Claimed by Signer Signer's Name:. _ I N 6a ❑ Individual Top of thumb Here Xi ❑ Corporate Officer—Title(s): ❑ 'Partner---❑ Limited ❑General ei i ❑ Attorney-in-Fact l ❑ Trustee ?: ❑ Guardian or Conservator 1 ❑ Other: Signer Is Representing: 0 1999 Natione;Nofa+y Association^9$50 De Soto Ave.,?.O.Box 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-200-976-6627 r 707.103 PLACER$42 7583 Tax Collector's office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P,O. Box 631 ``'' Russel!V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAXTax Operations Supervisor i ,l Date: 7/22/2003 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract i MS# Cites_ T.R.A. 7583 EL SOBRANTE 85004 Parcel##: 430-152-055-9 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2002-2003 tax lien has been paid in full. Our estimate of the 2003-2004 tax lien, which became a lien on the first day of January, 2003 is $27,300.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer..-Tax C Ilector By: ,/ County of Centra Costa Deposit Permit Office of County Auditor-Controller Martinez, California To the Treasurer: Received From TREASURER TAX COLLECTOR Organization Number 0015 (Organization) 625 COURT ST. RM 100 Martinez, Ca. 94553 (Por Cash Collection Procedures See County Administrator's Bulletin 105.) Desai tion Fund/Org Sub Acct Task option Activity Amount SUBDIVISION GUARANTEE 810900 0800 $27,300.00 ;E I I ey'C N '1 Total C06TA'�A�C��t�ECTIv'11 t AI=��C� ��10�11�3 Deposit $27,300.00 SUBDIVISION GUARANTEE FOR : 7583 deposit Consists of the following items COIN and CURRENCY $ APP€AN VILLAGE LLC CHECKS,M.O..Etc. 3925 OLD SANTA R€TA RD IV; caij BANK DEPOSITS $ rX PLEASANTON CA. 94588 FOR AUDITOR-CONTROLLER USE ONLY CELL#925-890-4311 DEPOSIT PERMIT NUMBER AND DATE ASSIGNEE}: USE AS GUARANTEE r� DP# 409053 DATE 07/22103 The amours oney descr7d, e is for posit into Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. the Co Tre Bury. approved. Sig e:7122/03 Signed: Signed: JULIE PICARD JD.puty C nt Audito' Deputy County Treasurer D-34 Rev.(5101)JAC THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on August 12, 2003 by the following vote: AYES: SUPERVISORS GIOIA.,- UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 512 SUBJECT: Accept Completion of Warranty Period and Release of Cash Deposit for Faithful Performance, Right-of-Way Landscaping for Subdivision 8132, San Ramon (Dougherty Valley) area. (District III) On February 11,2003,this Board resolved that the Right-of-Way Landscaping improvements in Subdivision 8132 were completed as provided in the Subdivision Agreement with Shapell Industries of Northern California and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance.NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to: + refund the$2,500.00 cash deposit(Auditor's Deposit Permit No.337456,dated September 7, 1999) plus interest to Shapell Industries of Northern California in accordance with Government Code Section 53079(if appropriate)and Ordinance Code Section 94-4.406(and the subdivision agreement). NOW THEREFORE BE IT RESOLVED that the warranty period has been completed and the Right-of-Way Landscaping Agreement for Subdivision 8132 and surety bond number 929097488 issued by American Casualty Company of Reading, PA are exonerated. JG:rm G:\GrpData\EngSvc\BO\2003\8-12-03\SUB 8132 BO-60.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Ric(313-2363) action taken and entered on the minutes of the Board of W. Public Works Accounting,Tax I.D.95-2578030 Supervisors on the date shown. J.Gray,Engineering Services Current Planning,Community Development Shapell Industries of Northern California Steve Savage,Jim Gold and Sam Worden ATTESTED: AUGUST 12 2003 loo N.Milpitas Blvd.,P.O.Box 361169 JOHN SWEETEN, Clerk of the Board of Supervisors Milpitas,CA 95035 p American Casualty Co of Reading,PA and County Administrator Pamela Stocks 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 91367 City of San Ramon Joye Fukuda BY ,Deputy 5000 Crow Canyon Road San Ramon,CA 94583 RESOLUTION NO.2003/ 512 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August t2,2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE SUBJECT: Award of Contract for Buchanan Field Airport—Electrical Upgrades & Sign Installation project, Pacheco/Concord area. Project No. 4855-4685- 6X5307 Bidder Total Amount Bond Amounts St, Francis Electic, Inc. $791,285.00 Payment: 23294 Connecticut Street $791,285.00 Hayward, CA 94545 Performance: $791,285.00 W. Bradley Electric, Inc. Novato, CA Amelco Electric, Inc. Underground Construction Company, Inc. San Leandro, CA Benicia, CA Royal Electric Company Rosendin Electric, Inc. Sacramento, CA San Jose, CA Barri Electric Company Steiny and Company, Inc. San Francisco, CA Vallejo, CA Cal Electric, Inc. Redding, CA The above-captioned project having been previously approved,the plans and specifications having been prepared and filed with the Board of Supervisors, and bids having been duly invited and received by the Director of Public Works on July 8, 2003; and The general prevailing rates of wages,which shall be the minimum rates paid on this project, having been filed with the Clerk of the Board, and copies to be made available to any party upon request, and SUBJECT: AWARD OF CONTRACT FOR BUCHANAN FIELD AIRPORT-ELECTRICAL UPGRADES &SIGN INSTALLATION PROJECT,PACHECO/CONCORD AREA. DATE: AUGUST 12,2003 PAGE: 2 OF 3 The Board of Supervisors having determined that the project is exempt from the California Environmental (duality Act as a Class I(c) categorical exemption, and a Notice of Exemption having been filed with the County Clerk on March 18, 2003; and Bleyco, Inc. ("Bleyco"), which submitted a bid of$465,734.49, having made a mistake in filling out the bid due to mathematical errors, having timely notified the County in writing of such mistake as required by law, and having requested to be relieved of its bid; and The bidder listed first above, St. Francis Electric, Inc. ("Francis"), having submitted the lowest responsive and responsible bid,which is $28,815 less than the next lowest bid; and The Affirmative Action Office having reported that Francis has attained Disadvantaged Business Enterprise(DBE)participation of 13%, which exceeds the DBE goal (11.6%) for this project; and The Director of Public Works recommending that the bid submitted by Francis is the lowest responsive and responsible bid, and this Board concurring and so finding; NOW, THEREFORE, the Board finds, determines and orders as follows: The Board RELIEVES Bleyco of its bid,pursuant to Public Contract Code Section 5100 and following, because of the mistake described above; and The Board APPROVES the plans and specifications for the project; and The Board DETERMINES that Francis, as the lowest responsive and responsible bidder, has complied with the DBE goal (11.6%), and requirements for this project; and The Board ORDERS that the contract for the furnishing of labor and materials for said work is awarded to Francis at the listed amount and at the unit prices submitted in said bid, and that said contractor shall present two good and sufficient surety bonds as indicated above, and that the Director of Public Works shall prepare the contract therefore; and The Board FURTHER ORDERS that after the contractor has signed the contract and returned it,together with the bonds as noted above and any required certificates of insurance or other required documents, and the Director of Public Works has reviewed and found them to be sufficient, the Director of Public Works, or designee, is authorized to sign the contract for this Board; and SUBJECT: AWARD OF CONTRACT FOR BUCHANAN MELD AIRPORT—ELECTRICAL UPGRADES &SIGN INSTALLATION PROJECT,PACITECOXONCORD AREA, DATE: AUGUST 12,2003 PAGE: 3 017 3 The Board FURTHER ORDERS that in accordance with the project specifications and/or upon signature of the contract by the Director of Public Works, or designee, any bid bands posted by the bidders are to be exonerated and any checks or cash submitted for security shall be returned; and The Board FURTHER ORDERS that the Director of Public Works or his designee is authorized to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for moneys withheld by the County to ensure performance under the contract,pursuant to Public Contract Code Section 22300; and Pursuant to Public Contract Code Section 4114,the Board DELEGATES its functions under Public Contract Code Sections 4107 and 4110 to the Director of Public Works or his designee; and Pursuant to Labor Code Section 6705,the Board also DELEGATES to the Director of Public Works or to any registered civil or structural engineer employed by the County the authority to accept detailed plans showing the design of shoring,bracing, sloping or other provisions to be made for worker protection during trench excavation covered by that section; and The Board DECLARES that, should the award of the contract to Francis be invalidated for any reason, the Board would not in any event have awarded the contract to any other bidder, but instead would have exercised its discretion to reject all of the bids received. Nothing herein shall prevent the Board from reawarding the contract to another bidder in cases where the successful bidder establishes a mistake,refuses to sign the contract or fails to furnish required bonds or insurance(see Public Contract Code Sections 51.00-5107). Contact:Mike Carlson,(925)313-2321 Orig.Div.:PW(Constr) I hereby certify that this is a true and correct copy of an action cc: E.Kwevor,Cruller ' taken and entered on the minutes of the Board of Supervisors on E.Kuevor,CAO R.Bruno,Construction the Gate shown. Accounting Consultant Design County Counsel ATTESTED: AUGUST 12, 2003 Contractor Surety J©IIN SWEETEN, Clerk of the Board of Supervisors and Mc:tb County Administrator G:ZRPDATAtCONS'ZBOI.20031A1iWARD-B-,CHA NANFIELDU ECTR7ALUPGRADFS.DOC By ,Deputy