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Home My WebLink AboutRESOLUTIONS - 01012004 - 2004-438 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 17,2004,by the following vote: AYES: SUPERVISORS UIL<WjA, GRIJE.ivBERG, DESAUIINTIER AND GLOVE NOES: NONE ABSENT: SUPERVISOR JOHN GIOIA t ABSTAIN: NONE RESOLUTION NO 2MI 4.38 SUBJECT: Approve the Drainage Improvement Agreement for DA 03-00027(crass-reference Subdivision 8306),being developed by Shapell Industries of Northern California,a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley)area. (District III) The following document was presented for Board approval this date for Subdivision 8306,drainage improvement agreement file DA 03-00027,property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A drainage improvement agreement with Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp., 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 Chigiwor Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contacts Teri Ric(313-2363) shown. IY:rm G:1Grplla %DSSva1B4t2004W$-t7-04\DA0027 130-20.doc cc: Pubic Works T.Bell,Construction T-.lune 17,2005 ATTESTED: AUGUST 17, 2004 Shapell IndDivision on of n of Shapell Industries,Inc.Northern California, a DivJOAN SWEETEN,Clerk of the Board of Supervisors and County Attn:Steve Savage,Sam Worden Administrator 100 North Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance Company of Hartford Attn-,Patnela L.Stocks o Canoga Avenue,Suite 2170 WoBy r ,Deputy Woodland Hi1k,CA 91367 RESOLUTION NO.2004/ 438 SUBJECT: Approve the Drainage Improvement Agreement for DA 03-00027 (cross-reference Subdivision 8306),berg developed by Shapell Industries of Northern California,a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) DATE: August 17, 2004 PAGE: 2 I. Cash Bond Performance Amount: $3,000.00 Auditor's Deposit Permit No.DP423765 Date: April 29, 2004 Submitted by: Shapell Industries of Norther California Taxpayer identification number: 95-2578030 H. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929299744 April 20, 2004 Performance Amount: $292,800.00 Labor&Materials Amount: $147,900.00 Principal: Shapell Industries of Northern California, a Division of Shapell Industries,Inc., a Delaware Corp. 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. 2004/438 . ......... .... COUNTY Of CUNIKA C UbIA DEPOSITPERM OFFICE OF COUNTY AUDITOR-CAN7ROI I Eft MARTO THE TREASURER: MARTINEZ CALIFORNIAC d RECEIVED FROM ORGANIZATION NUMBER (foe Gash Collection Procedures see-County:Administrakx's Bulletin 105.) DESCRIPTION FUNDXMG -CT. TASK OPTION. ACTIVITY AMOUNT a jf yllJ y ._ .. may+.,+ 1p JJ� y t --r- t; I 1>6 410 2 7, !M ka , I t,. s tt d ' a-J ki �� r > tl qY9 5. 1 JjIXI . 3 lF� �} a31 12Uc2lze EXPLANATI{N+I TOTAL $ I)Avs4 consists of the f&wirg iferns_001and CURRENCY s . - � i`' !3 C ,Mme,ETC. $ Cis" 7CY� X DEPOSITS r � FOR AUDITCfR-CONTE LLER 115E ONLY �Gwvo 'r r L . ! DEPOSIT PERMIT Df DATE ' f` ASSIGNED The amount of money described above is for Treas of a tis approved. Rehe Receipt of above amount is reby deposit into the County TreasurY_ acknowledged. f 5ignedt Signed:' t EXT. Deputy County Auditor Deputy County Treasurer D-34M,(7-93) t e s ! - '` ■�� /aye �� CIO P, I mo All smisElff'o W =MEN ON Ur nIq inn, ■EM r ~ .#• �► ON III Colm..ac 'of the R BAWDEPOWS FOR AUDITOR-CC)NTROUBt USE ONLY DEPOSIT- PERMIT p{! M NUMBER ,. ASSIGNED .RReceipt of above acknowledged TY ♦L . ... DEPOSIT 09AMIT C)Dma Of COUNTY AtlbiTOR-CONTRC)LLEI ' C, e_ _H4,"E�_TREASL)RER- MARMEZ,CALIFORNIA RECEIVED FROM 0RCAMATIONNUM IM (For cam►Collection Pmce&m we cam►y AdminWroWn 10&) DESCRIPtICtA! FUNp10RG ACCT. TASK OPTIONI ACTMTY AMpt;W r I 1 ?971 1 . t i ! 1 ! i 1 F 1 1 i t F t 1 i 1 trt ! i i 1 E 1 1 EXPLANATION: TOTAL $ i DEPOSIT 1 Deposit r of then fcAaw kV herrn COIN and CHEEKS,jWO,ETC. ^ BAW DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT NUA0ER �Z7 DATE ASSIGNED The amount of money described above is for Trecsurer's receipt of above amount is approved k"pt-of above amouryt is hereby d"into 1 � Co toy.-`�'fJ , ti /n v � .5t De"County Auditor Deputy County Treasurer 7-34 REV{9-93) ; h f 0649-9665 / 831000: 61123028, $1,500.00, Sub 8534, Plan Check Deposit, Signature Properties, 4670 Willow Road, Suite 200, Pleasanton, CA 94588 0649-9665 / 831000: G1123040, $78.438.00, Sub 8580, Major Sub Plan Check, Hoffman land Development, 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: G1123041, $65,242.00, Sub 8827, Major Sub Plan ¢ Check, Hoffman Land Development, 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: G1123048, D60027, Shapell Industries of Northern California, 100 N, Milpitas Blvd, Milpitas, CA 95035 $10,000.00, Drainage Review $16.840.04, Drainage Inspection 0649-9665 / 831000: G1138801, RA1138, Shapell Industries of Northern California, 100 N. Milpitas Blvd, Milpitas, CA 95035 $1,000.44, Plan Check $22,400.00, Inspection Deposit 0649-9665 / 831000: G1138804, $241,800.00, DA0030, Inspection Fee, Shapell Industries of Northern California, 100 N. Milpitas Blvd, Milpitas, CA 95035 819800-0800: G1123047, $3.000.04, DA 0027, Cash Bond Guarantee of Performance, Shapell Industries of Northern California, 100 N. Milpitas Blvd, Milpitas,CA 95035 819800-0800: G1123050, $4.100.00, RA 1138, Cash Bond .,Shapell Industries of Northern California, 100 N. Milpitas Blvd, Milpitas,CA 95035 819800-0800. 61138803, $53>,000.00, DA 0030, Cash Bond, Shapell Industries of Northern California, 100 N. Milpitas Blvd, Milpitas, CA 95035 0635-9752 / 824000: G1138262, $334.04, RS44, Permit#_ .8348279 Traffic Fees, Finish Line Framing_D.Davis, 1636 Pacheco Blvd. Martinez, CA 94553 821500-0800: G1138265, $1893.55, DN'V SCC Regional, Town of Danville, 510 La Gonda Way, Danville, CA 94526 821400-0840: G1138265, $3.487.40, DNV SCC Sub Regional, Town of Danville, 514 La Gonda Way, Danville, CA 94526 0637-9752 / 824204: G1138279, $168.0 , Central Co. COLA, Primo # Quesada, 1075 Chippewa Ct., Walnut Creek CA 94598 COUNTY-%,iO CONTRA COSTA — GENERi..W: RECEIPT )EPT: �� _ �.i !i. `r!' 'r<tl, 20(10 THIS COPY 1S G 1 1 G J 0 4 [ 1 J NOT A RECEIPT DOLLARS :OR 17th t;' (`f4.tom!t GASH ACCT. IECEIVED FROM BAL. G r CHECK AMT. 2 ) d i _IN ;UstitE > C)cttly� T4i '*#.1 ''EtiE 1f'� i (1 PAID MONEY BAL. too 1-j M.fL.1''tr^G -LQr-- • ORDER DUE (M.REV.7/89) By: r Development No: DA-0027,Gale Ranch ill Bond: 929 299 744 Premium: $2,196.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance;&maintenance,AND labor and materials) 1. OBLIGATION: ShapeEl Industries of Northem caGfomia,A Division of Shapelt industries Inc.,a Detaware corp. (Principal), as Principal,and National t=are Insurance company of Hartford a corporation organized and existing under the laws of the State of CT and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors,administrators,successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance,& Maintenance: Two Hundred Nnety Two Thousand Eight Hun red No1100" ($ 2921800.00** I __-_) for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. Labor&Materials: Cine Hundred Fony Seven Thousand,Nine Hundred Not100'* ($ 147,900.00** ) for the benefit of persons protected under Title 15 § et seq. of the CaliforniaCivil Code. 2. RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and other improvements in DA-0027,Gate Ranch lel , as specified in the Drainage Improvements Agreement, and to complete said work within the time specified iii 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 DA-0027,Gale Ranch Ill 3. CONDITION: 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 ofsuch liens,there this obligation as to Section l-(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 herelsy liven 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 talon,and agrees that if County sues on this bond, Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgement. .........................................................................I......I.......11................... .......I ........... .............. .................................I...........I................ 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part,to be kept 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 rernain in full force and effect. As part 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 fixed by the court,and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the 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. SIGNED AND SEALED on April 20,2004 Shapell Industries of Northern California,A Division of PRINIAL hapell Industries,Inc.,a Delaware Corp. SURE National Fire InsuranceQompany of Hartford L CoL- By < )t r By Pamela L.Stocks, #to ey irl-Fact Addre 100 N.Milpitas Blvd.,Milpitas,CA 95035 Address 582OCanoga-Avenue,.Suite-200 Woodland Hills,CA 91361 8,18-713-2031 By It Al w Rev.April 20,200-4 X ....................................... .......................... POWER OF AT"-RNEY APPOINTING IND►IV1D JAL ATTt"'NBY-IN-FACT Know All Men By These Presents„That Continental Casualty Company,an Illinois corporation,National Fire insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Individually of Sherman flaks,CA,their true and lawful Attorneys)-in-Pact 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 4 -In Unlimited,Amounts and to bind them therebyas fully and to the same extent as ifsuch instruments were signed by a dulyauthorized 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 9th day of July,2003. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania x�r ss. div sem. 7�X t8Y7 rtAR N /I., Michael Gengler Sen e President State of Illinois,County of Gook,ss On this 9th day of July,2003,before me personally carne 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 coWoration,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 lace authority;and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL Ei.tZA PRICE � aorurrruel.�.s'i�rti�CfLU rreuurm�nresRm�:anraue My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of theBoard of Directors of the corporations print er#c sLt ie reverse hereof is gti r3-. orce. In testimony whe% have hereunto subscribed my nerve and affixed the seal of the said corporations this day of -�� t (!D Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company o€Reading,Pennsylvania nuv• • Mary A.Rtikaekis Assistant Secretary Form F6853 ..................................... Authorizing By-Laws and Resolutionb 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 IXExecution 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 tike 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 atla meeting duly called and held on the 1701 day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article Vl--Execution of Obligations and Appointment of Attorney4ft-Fact Section 2. Appointment of Attorney4n-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. <Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive;Senior or Group Vice President may at any time revoke all power and authority previously given to any 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 170i day of February, 1993. "Resolved,that the signature of the President or any-Executive,senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and;any power or certificate bearing such facsimile signature and seat 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 170'day of February,1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power SO executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of CALIFORNIA County of LOS ANGELES On _April 20, 2004 before me, Saridy Hanner-Notary Public Date NAME, TITLE OF OFFICER, -JANE DOE. NOTARY PUBLIC" Personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) I { ) personally known to me-OR proved to me on the basis of satisfactory evidence to be the persona) whose name(4 islAtmtsubscribed to the within instrument and acknowledged to me that hjWshef c executed the same in Ww/her/Wa t authorized capacityom* and that by herM*W signatureW on the instrument the person(a), or the entity upon behalf of which the person(s) acted, executed the instrument. dh �= WITNESS m hand and official seal. a SANDY n*13622 Commission;r t36�2tsy `+► Notary Public-Carla IGNATU OF NpTARY Los Angeft County My Comm.Expires JUli 2008 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($) (_._.) LIMITED {--;GENERAL (X} ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) {--) GUARDIAN/CONSERVATOR (..�} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING. NAME OF PERSON(S) OR ENTITY(II S) National Fire Insurance Company of Hartford SIGNER(S) OTHER.THAN.NAMED ABOVE G-107420-9 NOTICE In accordance with the Terrorism Risk Insurance Act of.2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one # or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE _Op J!gE IU n The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DiSC 'O URB OED R ATI IN I"AYNI F TE—RROBIS Los ES The United States will pay ninety percent(90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 _ '\.r.Y'\/lMV".J\.h N\. N✓\h,�,.'VV\.N\.".1i\ ,'\,vn%�, spm v u -.\��' '_'\.ti��1. ^./\/v i� CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California >s County of Santa Clara s On April 21,2004, before me, Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are <, subscribed to the within instrument and acknowledged to me that they executed the same ;5 in their authorized capacities, and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. Comms# 1318�i9� No"Polka-CoNtomlo WITNESS my hand and official seal. stmla two cow* >? <<S Signature of Notary Public Optional Information S� <S ss Title or Type of Document: Improvernent Bond for Drainage Improvement 5 �s Agreement,- Gale Ranch 111-DA-0027 �5 Capacity Claimed by Signer: Assistant Vice President and Assistant Secreta of Shapell Industries,Inc. 5 SS �S >i \ TO: BOARD OF SUPERVISORS cl FROM: MAURICE M. SHIU,PUBLIC WORDS DIRECTOR DATE: August 17, 2004 SUBJECT: Approving the Drainage Improvement Agreement for DA 03-00027 (cross-reference Subdivision 830§). SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2604/ 438 for DA 03-00027 (cross-reference Subdivision 8306), approving the Drainage Improvement Agreement, being developed by Shapell Industries of Northern California, a Division of Shaperindustries, Inc., a Delaware Corp., San Ramon(Dougherty Valley)area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATION(S): Conditions of Approval for Subdivision 8306 (Gale Ranch Phase M)require creek stabilization of Alamo Creek through civil and landscape improvements. _CONSEQUENCES OF NEGATIVE ACTION: If Improvements are not installed, the creek will continue to degrade through erosion, bank failure, and channel incision. � y Continued on Attachment Signature: � > vI£ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE HER SIGNATURE(S): ACTION OF BO ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT DISTRICT I) AYES: NOES- ABSENT:— OES: ABSENT ABSTAIN: TR:gpp G:1GrpDaWEngSvc\BO`2004108-I7-041DA 0027 BO-20 Order.doc I hereby certify that this is a true and correct copy of an Originator. Public Works(ES) Contact: Teri Ric(313-2363) action taken and entered on the minutes of the Board of cc: Pubic Works- T.Belt,Construction T—June 17,zoos Supervisors on the date Shown. Shapell Industries of Northern California, a Division of Shapell Industries,Inc. Attn:Steve Savage,Sam Worden ATTESTED: AUGUST 17, 2004 160 North Milpitas Blvd. Milpitas,CA 95035 JOHN SWEETEN Clerk of the Board of SLt National Fire Insurance Company of Hartford pervisors and Attn:Pamela L.Stocks County Administrator 5820 Canoga Avenue,Suite 200 Woodland Hille,CA 91367 By s Deputy