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HomeMy WebLinkAboutMINUTES - 03262002 - C12 C. ' THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March26, 2002 byt e following vote: AYES: Supervisors Gerber, Uilkelm, Glover and. Gioia NOES: None ABSENT: Supervisor Mark DeSaulnier, District IV ABSTAIN: None RESOLUTION'NO.20021172 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA:1107' (cross-reference SUB 8002) being developed by Shapell Industries of Northern California,Danville area. (District III) The following document was presented for Board approval this date for, RA 1107 (cross- reference SUB 8002);located in the DanvillelTassajara area: A' Subdivision. Agreement (Right of Way Landscaping) with Shapell Industries of Northern'California, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement;(Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. , Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8` and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $3,473.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 382773, March 7, 2002 TFtiew I hereby certify that this is a true and correct copy of an o:\Grppata\Enublic W Works(\s;zs-c2tlzAl 107 no 16.doe action taken and entered on the minutes'of the Board of originator: Public Works(FS} Contact: Teri Rie(313-2353) Supervisors on the date shown. cc: Pubic Works T.Bell,Construction Current Planning,Community Development T-01125103(Pl) ATTESTED: Mach 26, 2002 Shapell Industries of Northern California loo North.Milpitas Blvd, JOHN SWEETEN,Clerk of the Board of Supervisors and Milpitas,CA 95035 County Administrator Att:Sam Warden&Steve Savage American Casualty Company of Reading,Pennsylvania 21650 Oxnard St„#600-4 Woodland Hills,CA 91367 ByZ112,4jrleg4jea— ,Deputy RESOLUTION NO.2002/172 SUBJECT: Approve Subdivision. Agreement (Right of Way Landscaping) for RA 1107 (cross-reference SUB 8002) being developed by Shapell Industries of Northern California, Danville/Tassajara area. (District III) DATE: March 26, 2002 PAGE 2 II. Surety Band Bond.Company: American Casualty Company of Reading Pennsylvania Bond Number and Date: 929206144, February 28 2002'`' Performance Amount: $347,300 Labor&Materials Amount: $173,650 Principal: Shapell Industries of Northern California NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way; Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/1.72 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and §66463) Subdivision: RA 1101 (x—ref. Sub 8002) 3/26/02 I,�ff�tctive Da to- Shapell Industries of Northern California. Subdivider: a subdiyision of Shapall Indust ies, lompietion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO. QONTRA COSTA COUNa SUBDIVIDER (Name and'title) Maurice M. Shiu,Public Works Directorhapell ladustri s of Northern California By: a, t - - . crW# Y J.C. `ruebridc;e,, RECOMMEU FORAPPRC?V I : Asst. Vice President ND By: (snstu Engineering Services " cion U") rk Westphal EORMAPPROYE 7: Victor J.Westman,County Counsel Asst. Secretary (NOTE:ldl signatures to be acknowledged. If.Subd`Mder Is incorporated, signatures roust conform with the designated representative groups pursuant to Corporations Code§313.) . P R T Effective on the aWve state,the Ci€y,of Coup of Contra Costa,California hereinafter called" i+.n,tom,"and the move-mentioned b i+ri ,mutually promise and agree as follows concerning this subdivision: 2. II PRC3 lEME,WA. Subdivider agrees to install certain road Improvements(both public and private),drainage improvements, signs, street Eights, fire hydrants,`.landscaping, and such other improvements (including appurtenant equipment) as required In the i rovement plans for this subdivision as reviewed and on file with the Contra County Pub Works Department and in conformance wr i the Contra Costa County Ordinance Code(Induding future amendments thereto). Subdivider shall comp [eta said work and Improvements(heeeltUbr gilled"work")within the above completion period from date hereof as required by the California Subdivision Map ad(Government Code§§6ff41 t)and foi�wlrtg),In a�workrrtanlike manner,In accordance'with accepted construction practices and In a manner equal or superior to the requirements o the CountyOrdinance Code and rulings made thereunder,and where there Is a conflict between the improvement,plans and the County Ordinance Cotte,Ithe stricter requirements shalt govern. 3. IWEHQVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Cotte,provide as security to the County: For .erforman+ and Guaraptee: $ 3J 4 cash,plus additional security,In the amount, 4�; 00.�' which together metal one hundred percent(100%)of the estimated cost of the wort{. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety band. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees pedormanceL 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. Egr Pavmgnt: Security in the arrrotrnt of$173 EsSCi.C ,which Is fifty percent(5 16)of the estimated cost of the work. Such security Is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable'letter of credit With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with 94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair;or replace,at his expens e, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing 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 shalt be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete` At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the woek are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be Inadequate i any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of worm and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed,nor shall the County be thereby be stopped from bringing any action for damages ansing from the failure to comply with any of the terms and conditions`hereof.: 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The inderrmities benefitted and protected by this promise are the County,,and its special district,elective and appointive boards,commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these;and regardless of whether or not such liability,claim or damage was unforeseeable'at any time before the Count.reviewed said,, improvement pians or accepted the work as complete,and including the defense of any suit(s),action(s),or other preceeding(i )concerning saidliabilitiesand claims. C. The actions causingliability are any a1 or omission(negligent or on-negl gent)in connection with the matters covered by this Agreement and attributable to the Subdivider;contractor,subcontractor,or any officer,agent,or employee of one or more of there; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent onwhether or not any Indomnitee 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 anynegligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 14. SU ERV '_Y$.:Subdivider shall set and establish survey monuments in accordance with the filed trap and to,the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.' 11. NON-PERFORMANCE AND COSTS: if Subdivider falls to complete the work within the time specified in this Agreement,and subsequent.extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon;demand: Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken.by County,to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's'fees,and all other expenses of ligation incurred by County in connection therewith,even if Subdivider subsequently proceeds to compete the world: 12. INCORPORATIOWANNEXATIQN: If,before the Board of Supervisors accepts the work as complete,the subdivision is included' in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said'rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third'party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said; Subdivision. 6k767%Z % Data�EngSvcTormsWG W0RDUG30A.d0 Rev.May 18,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss, County of wag On '� . , before -- Date t Name and Title of Officer(e.g,,"Jane Doe,No ari;c„hnr•? personally appeared--C_ w`e s AL , u Names)of Signer(s) ,impersonally known to me ❑ proved to me on the basis of satisfactory evidence y ' to be the person(s) whose name(s) isfare JANICE 7 KRUSE � subscribed to the within instrument and Ccmmiaalon#1318897 ; acknowledged to me that A+elshe/they executed T Notary Public-California the same in 4i4asf/their authorized Santa Clara County capacity(ies), and that by 0h sftreTftheir MyCorrm.Ex0M6 ALQ 24,2W5 signature(s)an the instrument the person(s),or t the entity upon behalf of which the person(s) acted, executed the instrument. t ITNESS my hand and official' eal. Signature of Notary Public, >9 OPTIONAL Thoughthe 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 t t c, Title or Type of Document: - Jac-' C-1 . tS C , Document Date: t a I© ” Number of Pages: i Signers)Other Than Named Above: i Capacity(les)Claimed by Signer Signer's Name: 0 Individual Trip of thumb here L1 Corporate Officer—Title(s): Cl Partner—0 Limited 0 General O Attorney-in-Fact ❑ Trustee r ❑ Guardian or Conservator ❑ Other: Signer Is Representing:g _ 8 ,i 0 1999 National Notary Association+9350 De Soto Ave.,P.D.Box 2402*Chatsworth,CA 01313.2402 www.nationainotaiy.org Prod.No.5907 Reorder:Call Toll-Free 1.900.878-8827 Subdivision: RAI 107 u Band No.- 929206144 Premium: $1,216.00 IM,PR.OvBll l T SECUI?M BOND FOR PUBUr RiG.HT of WAY LANDscAPE AGREEMENT (Performance,Guarantee, and Payment) (Cal fora Goveratnent Code Sections 66462 and 66463) 1. Rl✓CUAL Of 011tEElvt : 11r Prmcipal has executed an agreenieut with the County to install and pay for public right of way landscaping and other related improvements in Subdivision RA1107 as specified in the Subdivision Agreemet►t (Right of Way l✓andscapulg), and to coirplete said wIork within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping), all in aczordwee'with State acid local laws mid rulings thereunder in.order to satisfy conditions for fig of the Foal Map or parcel Map for said Subdivision. 2. 0.KJQ 0: Sh pelf Industries of Northern California.A aivision of Shaped Industries.Inc. ,as American CAslialty Company of Pbeading Pennsylyal3ia _,a corporation organized existing tuxdet the laws of the State:of PA ,and authorized to tract surety business in Caliform a as Surety,liereby jointly mid,severally hind ourselves,our heirs,executors, administrators, successors, and ussigns to the County of Contra Costa, California to pay it: A, performance alld GuaMtee: Three Hundred Forty Seven Thousand Three Hundred Doors and 00/100 Dollars($ 347,3 0.©0 for itself or any city agree utter the above County Subdivision Agree=it, plus B. Payment: One Hundred Seventy Three Thousand Six Hundred Fia dollars and 00/100 Dollars($ 173,650.00 )to sect the clain-k-,to wl&hrefexetice is aim iii Title X (commencing with; Section 3082) of Fart 4 of Division IR of the Civil Code of the State of California. 3. Cot A. The Condition of this obligation as to Section 2.(A)above is such that if the above bounded Principal, his car its heirs, executors,adniinistrators,successors or assigns, shall in all things to a i abide icy, sad well and truly keep mid perthrm the covenants, condition .nti' pray �.uns in the said agreement and,any alteration thereof mane as therein provided, on is or its part, to be kept and x-r rfonned at the time and in the mann,er therein specified,and in all.respects according to their true '.atent and meaning, and shall indeninify and save, hanule5s the County of Centra Costa (or city z qpiee.),'its oft vers,agents and employees, as therein stipulatt d, then this obligation sIuM become' mull and void;otherwise.it%'traall be and reinain in full force and effect. As part of tlx:obligation secured hereby and in addition to the face amount specified therefore, there shall be included casts and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city ass4;n e) in successfully enforcing such obligation, all to be taxed as casts 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 i en and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code;for materials f-tmished or labor thereon of any kind,or for aimunts due under the Unemployment Insurance Act with respect to sucli work or labor, that said surety well pay the some in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon thin.%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 thereinrendered. 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 Sections 3082)of Part 4 of Division 3.of the Civil Code,so as to give to right of action to thein tar the assigns m any suit brought upon this bond. Should the condition of this bond be fully performed thea,#iris"abligation shall become Wali and void, otheu-wise.it shall be and remain in.full farce slid effect. C. No alteration of said mbdivision ag cement or any plan or specification of said work agreed to by the Principal and the County shall,relieve any"Surety from liability can 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.Cade Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND NEALED on February 28 2002 Shapell Industries of Northern PRINCIPAL:California,A Division of Shapell Industries,Inc. SURETY: American Casuafty CornpanX of Reading,Penns lvania Address: 100 North Milpitas Boulevard Address. 21650 Oxnard St., #600-4 City. Milp' a � , 95035 City: Woodland Hills Zip: 91367 1Tyi By Print Name: Print Wiz- � ���Com'�: Print Name: Marie A. Cook Title: l C i_aeTitle: Attorne -in-FacC :mw 1TWS1lS}fARUATAXkpDa~vcllrormAUN WO'RD\BN•12A.4kKw CALIFORNIA Li�RMU ACKN. ��i>iI1�NT � T State:of C t F=-o 0cur>ty of �- On Febrgary zs 2002 before mei, _ fU c4a_ DAU WWW Intl PUSUC" pownaliY appeared Marie A. cook NAiNWRi}OP eRiiNE"} Xpersonally known to me . 4R - to be the person(s) w►ho$+a; name(s) isl - subscribed to the within instrument and ac- knowledged to me that 4e18he tee executed the same in Wher/thaft- 'authorized capaclty(ies), and that by -hWher/t°hvtr signature(s) on the instrument the pec (s) �. or the entity upon behalf of which the 1@MyCJANICET.=*E person(s) aoted,'executed the Instrument.. Convoissian#1318697 offmF_*mAW24,ZW Notary Public-Csittomla Sarft Clare C >m► 1rNE m hand and official seal. 81t�tiAT11AE C1FP r+cYt' r 0 I�A►L Though the data below its not required by i$w,It may prove valuable,to persons relying on't o doounwrit and coWd pmvort ftudulent reaftohmwt of this form. CAPACITY CLAIMED BY SIGNER DESCRWnOK OF ATTACHED DOCUMENT 0JNMMUAL CORPORATE O MOR ��f' I� TITLE OR TYPE OF t 0011LI HENT mist 0 PARTNER($) 1:1 Umrm 0 GENERAI. AlTORNEY-VWACT NUMBER OF PANES TRUSTEES) 0 GUAADIANICONSOWATOR rl OTHER.. DATE OF DOCUMENT me 'IS LS '+rrl�c�. ��lMO IEP�ITttw'�68� SIGNER(S)OTHER THANNAMED ABOVE *teal NATK)NAL 14 Yr`ARY It hT •$M P4MM*t Aw.P.O.Wax 7194*0irto"Ps*,CA 91 7164 CALIFORNIA ALL-PURPOSE E ACKNOWLEDGMENT State of California Court of County SnN t ss, t ) On before me, Na"and 1111e of Officer{e.p„^Jane Qoa.Notary Pub4k"t personally appeared \o ' '�' Name(s)ofSigner(s) '1 r personally known to me 0 proved to me on the basis of satisfactory, evidence to be the person(s) whose name(sj isJafee- subscribed to the within instrument and acknowledged to me that hefshe4herexecuted the same in his/4frr authorized JRMICE °RUE capacity(ies), and that by hisl13� signature(s)on the instrument the person(s), or Comm!"ton-131 the entity upon behalf of which the person{s) Notary Public-California County � acted, executed the instrument. ' Santa atata courtly My comm.EvillwAug 24,20M WITNESS my hand and 'aoffl €sea€. Signature of Notary Public; UPTCI? Though the information below is not required bylaw,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. v Description of Attached"Document Ttt€e or 7ype of Document:_ C.)go ff -:�... .. Document Date: Number of Pages. Signer(s)Other Than Named Above: ,t Capacity(ies)Claimed by Signer Signer's Name: t' ❑ Individual Top of thumb here Cj Corporate Officer-Title(s): 0 D Partner—0 Limited L0 General 0 Attomey-in-Fact 11 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing:__ 0 1999 National Notary AsamMon•9350 Do Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-8402•www.nationalnotary.org ti Prod.No.5907 Reorder.Call Toll-Free t-WO-676.8827 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATT,O NEY4N.FACT Know All Matt By These Presents,That CONTINENTAL CASUALTY COMPANY.,an Illinois=porn bw,4 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Conmcticut'corpom on;AMERICANCASUALTY COMPANY OF READING;PENNSYLVANIA,a Pennsytmia cetwationt(herain'c*4sc%*caW'the CCC Surety Compsare M'),amid*arganind and existing corporations having their prinepal offal in the City of Chicago,and Slatie of ills,and that they do by virtue of ttte signataw and'seals herairr hereby make,sxtnstittate and appoint . Made A.Cook.''lndt ual of ilea,Caote tlteir truer and lawfL A200*(S)-rn--alit 1Nnttt pow and a�utttortty hereby oxfornad tD son sW and erxec€rbe fpr acrd Crt btee behalf bor►das, undertakings and ether obll ry k t'tnnrrentts of similar na#" .1n tJniumibed Arnourtts and to bond them ttttereby as fully and tcs the same a tt s if such in�enfs were sib uly by�da tksori�3'of tcer of their cctporations and ad the acre of said Attxrrrsey pursuant tDthe auritythohereby gtvent are tteraby natMecl and conftrrred. This Power of'Attorney made ansa executed pur uastt tss and by attlhtcrily of the Sy-Laws and Rasoksftm,Printed on the reverse hereof, dilly adopted,as indicated,'by the Boards of Directm of the corporations. in Witness lAitteraof,the CCC Surely Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto awed'on this 1Sth _ ,day of ,lune lW8 CONTINENTAL CASUALTY COMPANY a► NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA COOK" „ `{y A eJ 58Jk1. Terex Macves J Castsion Group Vice President State of Illinois,County of Cook,ss On this 18th sty of ,fume M befars rate personally came Marvin J.Cashion,to me krsown,who,beksg by me duly sworn,did depose and,say,hint he resides in the City of Chicago,Stater of lanois,that he is a Group Vice President of CC}NTINEN'TAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF i�ARTFORD.and AMERICAN CASUALTY COMPANY OF READING;PENNSYLVANIA de3ss�iced in and which ie A=ftd the above lnstrument;that he knows the seals of said corperatlorw'that the seals of bwd to the said insrurnenrt era such corporate sells:tract thesy were so~pursuant to suthornfy given by tate Boards of Cure rs of said corpom t oe;and hart he sighed tis nente thereto purse ent to like authority,and acknowledges sane to be the act and dared of said corporttsonts ao. . pusuc My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assi nt Secretary of ONT`INEN i'AL CASUALTY COMPANY,NATIONAL FIRE IN CIRA1+C COMPANY OF ARTFORD,and AkAICAN CASUALTY'COMPANY OF READING,PENNSYLVANIA.p hereby co fy that the,Power of Attorney herein We set forth is still in force,end:furttser certify that the By-law and Resoicltion of the Board of Directors of each corporation.printed on the verse hereof are sir in force.In moray whereof I have hereunto subscribed rnty n ime and aflixesd tate seals of the said corporations is day of CONTINENTAL CASUALTY COMPANY VISORANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA • SEAL Ole ag7 if Mary A.Ribikawskis Assistant Secnetany ©f1197} Authdrizang 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 Dines of the Company. *Arte%--ftsioution of its Section 3.Appointment of Atbomey-in-fact The Chairman of the Board of Direcmrs,the President or any Ewen tivo,Senior or Group Vox President may,from timeto time,appoint by written cartificates at#xneys4koct to ad in baluff of the Company in tate ecce tion of policies of insurance,bonds,undertakings and other oblatory instruments of like natim Such amour eys-inn-1hr tr subject to the tirnrfationis set forth,in their respective certificates of authority,shag have tali power to bind the Company by their signature and execution of any such instruments and to attach tho sea!of the Company thetaba.The Chairman d1ho Board of Dinectcrs,tate President or any Executive,Senior or Group Vice Preor tine Board of`Drcectars,may,at any tiros,revoke all power and authority P► nousiy given to arty,atirrtey-in-tact' This Power of Attorney is signed and sealed by facsimile under and by the authority of to following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. -Resolved,that the signature of the President 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-Laois,and the signature of rias Secretary or an Assistant Secretary and the seal of the Company may be affixed by ficsir ride 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 sealer]and certified by cer'tiftcate so executed and sealed shall,with respect to any baud 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 duty adopted by the Board of Directors of the Company. "Article W---Execution of Obligations anti Appointment of A rrney iti-Fact Section 2 Appointment of Attomey4n4ct The Chairman of the Board of Directors,the President or any Executive,Senior for Group Vice President may,from time to time,appoint by written csitfic atiornar, n4act to act in behalf of the Company in the LeXecuton of policies of insurance,bonds,undertakings and other obligatory Instruments of Oka nature.Such athtmeys-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 seat of the Company thenetn The President or any Executive,Senior or Group Vice President may at any tante revoke a4 power and authority previously given to any attsxrnsy4n-fact' This Power of Attorney is signed and sealed by file under and by the authority of the following Resolution adopted by:the Board of Directors of the Company at a meeting duly called and hold can the 17th day of February,19W. "Resolved,that the signature of the President or any Exec:udva,Senior or Getup Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Artide VI of the By-laws,and the signature of that Secreta ry'cr an Assistant Secretary and the sail 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 duty 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,, rmeys»n-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds, undertakings and outer obligatory instruments of like nature.Such Attoriney-in-Fact,'subject to the limitations set forth in their respective certificates of authority,shall have fiafi 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 We,President,.any`Senior or Group Vice President or the Board of Directors may at any revoke all power and authority previouslygingen to any Attorney-in-Fact.` This Power of Attorney is signed and sealed by facsimile under and by the authority of the folic,.iI g Resolution adopted by the Board;of Directors of the Company at a meeting duly called and held on the 17th day of FebriAry,1983. '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 Bogard 0Directors. on February 17,1983 and the signature of a Secretary or an Assistant Secretary and the seat of titsCsrporat±on may be affixed by facsimile to any certificate of any such power,and any power or certificate bewaring such facsimile sigralura and seat shad be valid and binding on the Corporation.Any such power so executed and sealed and certified by certillcate so executed and sealed,shall with respect to any bond or undertaking to which it attached,continue to be valid and binding on the Corporation,.' ...__. c+ Cnoe titin ptoce i4'00 County Adm€nistratar s Rullel€n-1 Ak DESCRIPTION SUB � FUNDJCsRG TASK ACCT, . OPTION ACTIVITY i Am6UNT' 500 t �10 ' ! € € € € € € € € € € € € € € EXPLANATION: iLjl-(7 Sl(?_ ( 11 , TOTAL € DEPOSIT # Deposit consists of thefollcw✓ing ite COIN and CURRENCY �� CHECKS,KO„ETC. r BANK DEPOSITS $ FOR AUDITOR-CONrRC3tLER USE ONLY DEPOSIT PERMIT' BER Df DATE382773 The amount of money described above is for ASSIGNED deposit into the County Treasury. Treasurer's receipt of above amount is approved Receipt of above amount is hereby u g acknowledged. Signed: Dated Title> g Signed: #.{> ! EXT Signed: _..__..,w_�_ D-3 d REV.(7.93) utY Cb ty ditor County--- ��} ��,l tY County Treasurer 0649-9665 / 831000: 61091196, DA011, GHC Investments LLC, 4340 Stevens Creek Blvd Suite 240, San Jose, CA 95129 improvement Plan Review $21,038.53 Inspection Fee $11,825.00 0649-9665 / 831000: G1091197, $9,500.00, SUB 8239, Improvement Plan Review, Gene R. Schmidt Inc, 940 Reliez Station:Lane, Lafayette, CA 94549 0649-9665 / 831000: G1091198, $18,104.00, SUB 8002, Landscape , Inspection, Shapell Industries of No CA, 100 No Milpitas Blvd, Milpitas, CA 95035 0649-9665 / 831000: 61091199, $15,627.00, RA1107 & SUB 8002, Landscape Inspection, Shapell Industries of No CA, 100 No Milpitas Blvd, Milpitas, CA 95035 819800-0800: 61091198, $4,196.00, SUB 8002, Shapell Industries of No CA, 100 No Milpitas Blvd, Milpitas, CA 95035 8198004800: 610911991 $3,473.00, RA1107 & SUB 80021 Shapell Industries of No CA, 100 No Milpitas Blvd, Milpitas, CA 95035 0682-9752 1819200: G1091200, $5,000.00, SUB 8002, Shapell Industries of No CA, 100 No Milpitas Blvd, Milpitas, CA 95035