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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-586 THE BOARDOF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 1, 2002,by the following vote: AYES: Supervisors Ui.lktl, Gerber, DeSeulnier, Glover, andr,Gioia NOES: None ABSENT: None = ABSTAIN: None RESOLUTION NO.20021 5 8 6 SUBJECT: Approve the Drainage Improvement Agreement for West Branch Alamo Creek Improvements for DA 0014(cross-reference Subdivision 7984)being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III} The following document was presented for Board approval this date for West Branch Alamo Creek Improvements (crass-reference Subdivision 7984), drainage acceptance file DA 0014, property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A drainage improvement agreement with Shapell Industries ofNorthern California,principal, whereby said principal agrees to complete all improvements, as required in said drainage improvement agreement,within one year from the date of said agreement.Improvements generally consist of creek restoration improvements. Said document was accompanied by security to guarantee the completion of drainage improvements, as required by Title 9 of the County Ordinance Code, 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 on the date shown. SQCWOCTOBER O1 x 2002 rj:W"Daa\&OvciSgl2002110-01-02\DA 0014 SO-20.&c ATTESTED: i w.Putti Works(ES) JOHN SWEETEN,Clerk of the Board of Supervisors and County Contact T.Ric(313-2363) Administrator cc: Public Works-T.Bell,Consumdion - T—August 2003 Shapell Industries of Northern California P.O.Box 361169 By Deputy loo North Milpitas Blvd Milpitas,CA 95035 ATT.Sam Worden&Steve Savage National Fire Insurance Co.Of Hartford 21650 Oxnard Street,#600 Woodland Hills,CA 91367 RESOLUTION NO.2002t 586 DRAINAGE IMPROVEMENT AGREEMENT oe Subdi�Won DA 0(114(cross-ref rgnce Subdivision 7584) Effective Date: Devel per: &ape11 industries of N rth m California Completion Period: 1 year THESE;SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: COMA COSTA COUNTY DEVELOPER Maurre:M.Shiu,Public Works Director Shapell Industries of Northern California e By: tsisuuae> t N� nom) Z7 C 712U'aW21 0Ce�' DF X• V•�� 5�S "lJ �• 1 By: 44 tsi�.t�) lj Engin4rinzJhErvices Division N,am.aa > f FORM APPROVED. Victor J.Westman,County Counsel {NUTS: All sipatum to be acknowkdp&If Developer`L iumperated,signatures nntst codxm with the desipoated representative groups pursuant to Carperatio=CodeS313.) 1. PARTIES_&__DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County."and the above-named Develr i2ff,mutually promise and agree as follows concerning this acceptance. 2. LMROVI MENTS.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant equipm-mt)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in txonformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good wwkrnanlike 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 requim,rents shall govern. 3. II�+} 'ROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County: A. For Perfiman c e ad Qumtw: $2M cash,plus additional security,in the aunt of$ 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 cashier's check. !X Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acre ptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$473309,which is fifty percent(50%)of the estimated cost of the work.Such security is presented in the form of: Cash,certified cheek,or cashier's check Xv Acceptable corporate surety bond.. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer, the ami>rnt of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. Q rA rt&MT_,E ANIS WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shMI perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Articlee'96-4.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. 5, 1WROVEMENT PLAN WARRANT. Developer warrants the improvement plans for the work are adequate to accomplish the work as promise=d in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work aK complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever change:are necessary to accomplish the work as promised. 6. No WAIVER BY COLJNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or emp€oyee 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>laid work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Developer 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>he terms and conditions hereof. 7. INUENSNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemniti s benefitted and protected by this promise are the County and its special district, elective and appointive boards, roman.,sions,officers,agents and employees. B. The liab'itics 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 cmAete,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 Agree ient and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them. D. Notions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity. E. 1. Windemere BLC Land Company LLC("BLC)shall indemnify,defend and protect Contra Costa County("County')and the Contra Costa County Flood Control and Water Conservation District(collectively,"District')against,and hold County and District harmless from,any and all claims,casts, liabilitt<s, damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by,applicable law,arising out of or alleged to arise out of PLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000,by and between BLC and Shapell Industries, Inc.("S apellrl including,without]imitation,any claim, cost,loss,liability,damage or other expense arising out of any action or oilier proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County or District in connection with BI.C's activities under the of coned Supplement to Cooperation Agreement. 2. BL.C's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or Districtor any other person;provided,however,that BLC shall not be required to indemnify,protect,defend or hold County or District harmless to the extent any claims,.losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvFTnents that have been offered for dedication to and accepted by County or District for maintenance The obligations of BLC contained m the Agreement shall survivd termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. 8. COM. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 4. MON PE&EMANCE AND CQSTS. If Developer fails to complete the work within the time specified`in this Agreement,and subsequent extend:)ns,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay 1,41 costs and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately upon ti mand. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subseq.1ently proceeds to complete the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees...o pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to consAete the work. 10. A§SIONMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that ity the County's rights under this Agreement and/or any deposit,bond,or letter of credit securing said rights,in accordance to the Dougherty Valley MOU RL kw 3 C:\Doctfflenm and SettinpUgospodc\My DoewnemslCreeks bond agreemet bMA 0014 akB AG-17.doc Rev.Apia 6,2x100 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CalifaN-V" rnia County of o (' ss. i i On -- before me, _ `-S CUA C t � tK%� Date Name and'Title of Officer(e.g.,'Jane Doe,Notary Public"} personally appearedZ• kKeE�P, {d e_ cz-1, f�o ,�i e- M,,3 Name(s)of Slgner(s) peersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4stare r subscribed to the within instrument and acknowledged to me that 4,�they executed the same in hi eOtheir authorized capacity(ies), and that by hishtefItheir JANICE T.KRUSE signature(s) on the instrument the person(s), or Commission C 1318697 the entity upon behalf of which the person(s) Notary Public California acted, executed the instrument. Santa Clara County !ay Comm.ElVies Aug 24,2t7o5 ITNESS my hand and - icial seal. i Ir 6 Place Notary Seal Above ISignature of Notary Public �1L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: k Pti t A '_-. (h ub V�v��.e�vr to m2 r`s I Document Date: Number of Pages: Signer(s) Cather Than Named Above: Capacity(les) Claimed,by Signer Signer's Name: ❑ Individual e ( 'C`CJ Y � SS k � Top of thumb here ,'Corporate Officer--Title(s): i 1 J ❑ Partner—❑ Limited ®general Attorney in Fact ❑ Trustee ❑ guardian or Conservator ❑ Other: Signer Is Representing:aLE)��� 10 i 0 1999 National Notary Association-9350 De Soto Ave.,P.O.Boz 2402-Chatsworth,CA 91313-2402-www.nabonalnoiary.org Prod.No.5907 riaorder.Call Toll-Free 1.800.878=8827 .raw..p.�a. vywr s�+..rr�vvv.rr V DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER 40 TIME TR:ASIlRER: MARTINEZ,CALIFORNIA RECEIVED-=ROM omANIZATION NUMBER - — lChparim+ias! (For Cash Collection procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. ACCT TASK OPTION ACTIVITY AMOUNT 4 $ loco ! ZLu F_. 1 r lv r' DC 1 lI 1 1 I I 1 1 1 i i i i if I I -:> I lilt 1 I I I f i t i - - I i f f f t q _ EXPLANATI#�N: C f- !J l C3 '° ' a DEPOSIT 531 i Deposit consists of the fallowing itkm COIN and CURRENCY $ 1'_2 CHECKS,KO,ETC $ d BANK DEPOSITS 5 FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP� NUMBER ' SEP 10 GATE I ASSIGNED — The amount c;money described above is for Treasurer's receipt of above amount is approved. Receipt of above a Is I'terebY depo't into County Trepr;ury. ackn god ' Signed: �; # Daj. Title: Y.T. w y Count uta DeputyCounty Treasurer -34 REV(7"-93; �r- 000649-9665 / 831000: 61108201, $6,500.00, TR 8685 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61108202, $5,100.00, TR 8686 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000682-9752 / 819200: G1093941, $42000.00, SUB 7984 Road Improvement Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093942, 9 500.00, DA 0014 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1093943, 18,200.00, DA 0016 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 819800-0800: 61093944, $1,000.00, DA 0017 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093945, $1,000.00, TR 8681 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093946, $1,000.00, TR 8682 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 819800-0800: G1093947, $1.000.00, TR 8684 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093948, $1,000,00, TR 8631 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093949,. 1 000.00, TR 8683 Cash Bond, 5hapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1093950, $1,000.00, TR 8684 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61108201, ILOOO.00, TR 8685 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61108202, $1,000.00, TR 8686 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 - 000649-9665 / 831000: 61093935, $500,.1{1, R5 2704 Record of Survey Map Check Fee, Richard R. Sanchez/Lisa D. Sanchez TTE S OT/Sanchez Family Trust DTD, 601 Union Street, Ste. 3929, Seattle, WA 98101 000649-9665 / 831000: G1093936, $500.00, RS 2705 Record of Survey Map Check Fee, Nordby Construction Company, 3009A Coffey Lane, Santa Rosa,CA 95403 000649-9665 / 831000: 61093937, J�40�00, RS 2706 Record of Survey Map Check Fee, 5antina & Thompson, Inc., 1355 Willow Way, Ste. 280, Concord, CA 945211 000649.9665 / 831000: 61093942, Ilk,100.00, DA 0014 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1093943, $40,2110.00, DA 0016 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093944, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 X5.000.90, DA 0017 Plan Check Fee $8.000.00, DA 0017 Inspection Fee 000649-9665 / 831000: 61093945, $5,700.00, TR 8681 Soundwall Inspection Fee, Shopell Industries of Northern California, 100 North !Milpitas Blvd., PO Box 361169, Milpitas, CA 35035 000649-9665 / 831000: 61093946,x,4 700.00, TR 8682 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093947, $7,700.017, TR 8684 Soundwall Inspection Fee, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093948, 5500.00, TR 8631 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093949, 5500.00, TR 8683 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093950, $5,200.00, TR 8684 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 Gala Ranch 11' ('West Branch Creek) Development No: DA0014 (cross-reference Subdivision 7984) Bond: 929 .263 043 Alternative B Premiurd. ' $40686.00 UvWROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance&maintenance,AhMlabor and materials) 1< OBLIGATION: Shapell Industries of Nw crn Bali ornia, as Principal, and &jonal Fire Company of Hartford, a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of Califotnia, as Surety,hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance,&Maintenance: Nine Hundred Thirty-Seven Thousand One Hundred Dollars ($937,100) for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. Labor&Materials: Your Hundred Seventy-Three Thousand Three Hundred Dollars ($473,300) for the benefit of persons protected under Title 15 § et seq. of the Cahfomia Civil Code. 2, UcUAbOyCQNJ8ACT: The principal contracted with the County to install and pay for drainage and other improvements in Subdivision 7984, as specified in the Drainage Improvements Agreement, and to complete said work within the time specified in the Drainage Improvement Agreement for completion,all in accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for Subdivision 7984. 3, �} lYTIQN: If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period;and if principal fully pays the contractors, subcontractors , and persons renting equipment or furnishing labor or materials to them for said work and improvement,and protects the premises from claims of such liens, than this obligation as to Section 1-(B)above shall become null and void, otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications 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 alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of California Civil Code § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond,Surety will pay reasonable attorney fees fixed by court to be taxed las costs and included in the judgement. � 0t A. The Condition of this obligation as to Section 2.(A) above is such that if the ubove bounded Principal, his or its heirs,executors, administrators, successors or assigns, shall in all things stand to rind abide by,and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its part,to be inept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee),its officers,agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As pati of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and 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 pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and fixer)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 benefit 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 upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No 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. smN� SEALED on Au t 30. 2002 s_o No Cali a a. PRINCIPAL 5 National Fire Trwmrance y of By t j ord esi o 0 orney-In- ac Address Address--2 16�0 Own_ard st-�-t-p-r S, i to 6�O 4 MW MP s, 95035 'Woodland Hills, CA 91367 c:SDWOMM end s61dnd kjapoftWy aontrMN V awh hfto SpOM aOAN14 a1M 9N-io.dm Aon.w'1gt"1 U01 81.8-71.3-2035 By: . . rgaret g pec r a �"" POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Allen By These Presents,That Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Harth1d,a Connecticut corporation,and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation(herein called "the('.-.NA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois, and ifat 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,Individually of Sherman Oaks,California their t-ue and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bond:;:,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 ail 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 here'A duly adopted,as indicated,by the Boards of Directors of the corporations. N Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be he-eto affixed on this 25th day of June,2002. l tNSUAq� twr pe „+ Continental Casualty Company +tar �,rtaavatprta National Fire Insurance Company of Hartford ►=> • American Casualty Company of Reading,Pennsylvania HN.Y 71, tr. SEAL "t Michael Gengler Group Vice President State of Illinois,County of Cook,ss: On'his 25th day of June,2002,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 Group Vice President of Continental Casualty Company,an Illinois corporat>on, National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading, PennsyPania,a Pennsylvania corporation described In and which executed the above instrument;that he knows the seals of said corporations; that the..teals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Director;: 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" , Notary ANEPublic, FAt1LKNER � Notaryfbbiic,Stote of Illinois My Commission Eacpirss 9/17 MIS My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE t, Miry 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 corp lirations printed on ttt@�erse hereof is still in force. In testimony whereof I have nto subscribed my name and affixed the seal of. the said orporations this .s3 day of Augmt a+ Continental Casualty Company t o0aoAft National Fire Insurance Company of Hartford AXY` , American Casualty Company of Reading,Pennsylvania 1997 • Mary A.Ribikewskis Assistant Secretary (Rev. 1C-11/01) Authorizing By-Laws and Resolutions ADC'PTED 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 Df.,Yectors of the Company. "Article IX--Execution of Documents Section 3.Appointment of Attorney-In-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.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 Dir dors of the Company at a meeting duly called and held on the 17th 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 itis attached,continue to be valid and binding on the Company." ADOP''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 Attorneyan-fad.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 attomeys-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 ?resident 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 Dire<;tore of the Company at a meeting duly called and held on the 17th 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 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 Femetary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and Piny power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so r.•.>xecuted and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is rttached,continue to be valid and binding on the Company." ADOPTtD 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 foiiowing 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 *»e to time,appoint,by written certificates,Attomeys-in-Fact to act In behalf of the Corporation in the execution of policies of Insurance, tends;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'Ace President or t e Board of Directors may at any time revoke all power and authority previously given to any Attomey-ln-Fact." Tits Power of Attorney is signed and sealed by facsimile under and by the authority of the following Restitution adopted by the Board of Direct<rs of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal o#:the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of M-ectors 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 va id and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall wft 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 August 30, 2002 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 Person(a) whose name(o Is!amoubscribed to the within instrument and acknowledged to me that Wshe/IM executed the same in tdw/herl 4c authorized capacity(3se� and that by i lW hert r signaturso) on the instrument the person(g), or the entity upon behalf of which the person(30 acted, executed the instrument. SANDY HANNER WITNESS y hand and o seal. Commission 0 1382157 Notary Public-Califomia Los Arwjeles County SIGMA RE OF NOTARY My Comm.Expires Jul 2,2048 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) GUARDIANICONSERVATOR {_..) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance COmDanv of Hartford SIGNER(S) OTHER THAN NAMED ABOVE a-107426-a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of Los Angeles on September 3, 200 beforeme, Ann Pellant, Notary Public Date Name and TMft of Officer(e.g.,"Jane Doe,Notary Public-) personally appeared Nathan Shapes l and Margaret Leong _ Nama(a)of Slgnerie) personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4Ware subscribed to the within instrument and acknowledged to me that 4e,F,4efAhey executed the same in -h4 their authorized capacity(les), and that by #144ar/their ANN PFIIANT signature(s)on the instrument the person(s),or Q7Canmbsion#12134M [ the entity upon behalf of which the person(s) i! AM MAC-w1fornia acted, executed the instrument. Los Angeles County hillyComm.501MNov17,ZO4 WITNES y hand and official 1. Signature of Notary Public OPTIONAL 'though the information below is not required by law,it may prove valuable to psrsons 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 Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: Individual Top of thu rlb here d Corporate Officer—Title(s): ❑ Partner—0 Limited 0 General 0 Attomey-in-Fact 0 Trustee © Guardian or Conservator 0 Other: Signer Is Representing:_ 01989 National NotaryAssociation•9360 Do Soto Ave.,P.O.Box 2402•Chatsworth.CA 813132402•www.netlunelnotary.org Prod.No.5907 Reorder.Call Toll-Fres 1.800.876-0927 SUBJECT: Approve the Drainage improvement Agreement for West Branch Alamo Creek Improvements for DA 0014(cross-reference Subdivision 7984)being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) ?ATE: October 1,2002 PAGE: 2 I. Cash Bond Performance Amount: $9,540.00 Auditor's Deposit Permit No.DP392675 Date: September 10, 2002 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929263043,August 30,2002 Performance Amount: $937,100.00 Labor&Materials Amount: $473,300.00 Principal: Shapell Industries of Northern California NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/586