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MINUTES - 05112004 - C18
CLAIM BOARD OF SUPERVISORSOF CONTRA COSTA COUNTY (,ir •10 BOARD ACTION: MAY 11, 2004 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this document mailed to you is your California Government Codes. } notice of the action taken on your claim by the Board of Supervisors, (Paragraph IV below), given Pursuant to Government Code Section 913 and 91..5.4. Please note all"Warnings". AMOUNT: $914.00 CLAIMANT: ZENAIDA R. LEWIS ATTORNEY: UNKNOWN DATE RECEIVED: APRIL 05, 2004 ADDRESS: 1575 MONTEREY STREET, BY DELIVERY TO ULER ON: APRIL 05, 2004 RICHMOND, CA 94804 BY MAIL POSTMARKED: APRIL 02, 2004 FROM: Clerk of the Board of Supervises TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETEN) l Dated: APRIL 05, 2004 By: Deputy. II, MOM: County Counsel.. TO: Clerk of the Beard of Supervisors o- This claim complies substantially with Sections 910 and 910.1 4 { } This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 914.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). { ) Other: Dated: - a,= By: t ' ' � , f ;<..- . DeputyCoupty Counsel III, FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) { ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. ARD ORDER: By unanimous vote of the Supervisors present: {T his Claim is rejected in full. { } Other: i I certify that this is a tree and correct copy of the Board's Order entered in its minutes for this date. Dated: �`�' JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claun. See Government Code Section 945,0. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AF'F'IDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United States, over age 18; and that today I deposited.in the United States Postal Service in Martinez, California., postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above, Dated: A JOHN SWEETEN, CLEF By Deputy Clerk Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAD4ANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, trust be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, trust be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action gust be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. . C. if claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims crust be filed against each public entity. E. ' Fraud. See penalty for fraudulent claims, Penal, Code Sec. 72 at the end of this farm. RE: Clain By } Reserved for Clerk's filing stamp } RECEIVEDn Against the County of Contra Costa ) APR 0 5 2004 or } CIERK BOARD 0`2 District) rill in name ) The undersigned claimant hereby. makes elai against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) .r...d _ - 2 Where did the damage or injury occur? (Includcity and county) o- ^"�� r e ea4. Z/rr ?i f 7' c Z_ G fi t d y 'Y-/_ ;.S1 9 j/y`/�✓' & 3. How did the damage or injury occur? (Give full details; use extra paper if required) 1-w+ai0�J �✓=j-! ?�f 6`a"a '{ ✓ ,+ 4. What particular act or omission on the part of county or district officers, servants or .employees caused. the.injury or damage? Wriattl are the names of county or district officers, servants or employees causing the damage or injury? .'-';" �t, . What damage or injuries do you claim resulted? (Give fu11 extent of injuries or damages claimed.. Attach two estimates for auto damage« y d�. 9° �,tli 7 ta° z. r;i�GF evs .yiL- sPm rEo� w w' . t !dc. f / f fif g e f• � laJ . � !� 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.)AAW d z yJ ,,�"" sir {`:9 .•.. y g:�,,..�/ „�'F! ! '^ at'°a` '- ir3r✓'t✓'Z- .� 3 fr A:4 4--n-,-s ., A" Names and addresses of witnesses, doctors and hospitals. e 6%!'«.. ��4::�z �•/��.�° .>o-F<:,+�d�=,✓'-rf s'�',�^ ..« J'�' .`-' �=" �°�a'tfi,�'e��� '+..._�e.+�.rl`i` it_"'�{-z.r'�}'�;;. r r+r:rrrra.a.ar.rr.wrrwr«wr+.w _r.r.rr .rw+r•.r .rr+xerw+r..r�.w.......r+._...._....rd.��a.�.w......� .. .mme g. List the expenditures you made on account of this accident or injury: DATE ITS AMOUNT E Gov. Cade Sec, 910:2 provides: "The claim mast be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his•behalf." Name and Address of Attorney ,r Clairkant.f.s Si. $n3tuZ'E: �7Address Telephone No. Telephone No. NOTICE Section. 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if .genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of .not more than one-year, by a fine of not exceeding one thousand ($1,000) , or by both such imp-�isorlment and fine; or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and, fine. - ::#`#v3#-z:lv�3#�� AWN ids`f?f3i I�ffi3��. U Li :�-•,�2 ..0 � ��F � �'sr.- .S �.x t" '+:C, tL'F 1— �J?': Z �.uY a� T ape_N ¢ ixi Z ul ss # "€ i r 07. } - pi �fih G _ kt�''6...rte. �^�. � ."k _w t 4 �a ,� ,� •��„ � � m�, t �W. in ££, ,>•.. ;.�'�" f ^mac• r n� '�` �, '� �� J i r . to f4: : .: ca U : .. . a iZ i cit k� i _. _. ................................................. Efi w nc. Federal Tax ID: 68-0351224 Registration#: AD 183184 Estimate � 618 San Pablo Ave Customer No: 86 Albany, CA 94706 Report No: 86 311712004 Phone#: (510)526-2286 Claim#: Fax#: (510) 526-6402 Assign No: E-Mail: emwauto@earthllnk.net Vehicle Information Owner-Zenaida Lewis Accident Location 1981 Toyota corolla 1575 monterey ave Style: 2D SED DELUXE richmond, CA 94804 Color: Home Phone: (510) - Color Code: Werk Phone: (510) - Phone#1: - Pr©duction Date: 10 Fax#: (5 10) - Phone#2: - License: State: CA Insured_.: Claimant- V€N: JT2TE72D4B1091277 Miles In: 66633 Miles Out: 0 Home Phone: (510) - Home Phone: (510) - Condition: Work Phone: (510) - Work Phone: (510) - Estimator: Paul Fax#: (510) - Fax#: (5 10) - Date Assigned: 3/17/2004 Date of Loss: 3/17/2004 Date of Inspection: 3/17/2004 Description of Work Part Number Price Labor Paint Other * Repair rear bumper 2.0*body* +Clearcoat(2.0*) 2.0 * Replace qt panel rt 1.0*body* +Clearcoat(3.0*) 3.0 • Replace rear light used $100.00 " 0.3*body* Hazardous Waste Disposal $5.00*taxed Cover car for paint 0.2* $5.00*taxed Refinish tint color _ 0.5*body* Sub 7 sitals 3. **IN BUSINESS SINCE'1977* **STATE LICENSE#10237** Hours Rate Total Body Labor 3.8hrs $64.00/hr $243.20 THANK YOU FOR LETTING US SERVE YOU Clearcoat Labor 5.Ohrs $64.00/hr $320.00 OEM Parts $100.00 t Clearcoat 5.0hrs $30.00/hr $150.00 t Misc Taxed $10.00 t Tax $260.00 @_8,2500% $21.45 Grand Total $844.65 t indicates Taxed Item Page 1 of 1 M _.,._ _ _ ._ *� iri � a• � .lt r ,:1�` ,.. _.,,/.,ii;���sw i' ter. .: a a. �' J �.. � eM-.-.. � -u�+r:.�_- x... rr-.� /. 4 .,:.e. �T ..rl.� _.OMPA-` r IL.YIT a .��'.: w C• ,- - •- # .-J f• - ►,,. -- ..,'. � ♦ m ..... _ w. _ wry IYa .l. e-- .. • , r• r. i_.. w .__ .mss-- - ..wws �-:#lTf rr� -� .-- -•�. .. 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County Administrator Contra Risk Management Division jVCGt +' g> _ 2530 Arnold Drive,Suite 140 aims (925)335-1440 Martinez,California 94553 t��my Fax N m It er (525)335-1421 JJJ APR 0 5 2004 January 20, 2004 1 Lewis Zenaida 1575 .Monterey Ct. Richmond, CA 94508 Re: Claimant: Lewis Zenaida. Insured: Contra Costa County D/Accident: 01/06/2004 Claim No.: 55082 Dear Ms. Zenaida: The above captioned matter has been referred to my office for investigation and handling on behalf of the Contra Costa County Department of Sheriff/Coroner. I have enclosed a claim form that must be completed in order to file a formal claim against the County. Be advised that you have six months from the accident date to file a formal claim as stated in the California Goverment Code beginning with Section 900. This also notifies you that you must comply with the claims presentation and timely suit filing requirements of California law in order to preserve your claim. Our investigation of your claim does not affect your duty to comply with time limits set by law, and by. investigating,considering, and discussing your claim with you or your representative,we do not waive our right to assert your failure to comply with those time limits as a complete defense to any claim or action you may bring. Should you have any questions,please do not hesitate to contact the undersigned. Sincerely, Penny Bailey Liability claims Adjuster 925-335-1455 Enclosure CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA CO NT BOARD ACTION: Claim Against the County, or District Governed by } the Beard of Supervisors,Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this document mailed to you is your California Government Codes, } notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), give Pursuant to Government Code Section 913 and 915,x. Please note all "Warnings". AMOUNT: SEE ESr TES ATTAI� CLAMANT: nARMyN Avn r ATTORNEY: DATE RECEIVED: Appl, 9� 2nm ADDRESS: 5255 CLAY10N ROAD No.143 BY DELIVERY TO C..LERK ON:AEgm 9. 2004 CONGO tI}, CA 94521 BY MAIL POSTMARKED: FROM. Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN S�EETEN, Clerl , Dated: APRM 9, 2004 By: Deputy . r . . L .- II. FROM-, County Counsel. TO: Clerk of the Beard of Supervisors ( ;.. -This claim complies substantially with Sections 910 and 910,2, A { } This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910,$), { } Claim, is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: �# pct ''{ t' k >- Deputy County Counse Dated: By: r III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) { ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. 40ARD ORDER: By unanimous vote of the Supervisors present: (LK This Claims is rejected in full. { } Other: I certify that this is a true and correct'copy of the Board's Order entered in its minutes for this date, Dated: /�' 02-44 fZ JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice, AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age IS; and that today I deposited.in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Carder and Notice to Claimant, addressed to the claimant as shown above. Dated: JOHN SWEETEN, CLERK By Deputy Clerk Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA CMM INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before. December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for.death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented net later than six months after the accrual of the cause of actio:. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims mu=st be filed with the Clerk of the Board at Supervisors at its office in Roam 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Burd of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. ' Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form. RE. Claim By ) Reserved for Clerk's filing stamp i E'1 N j x- h' ) RECEIVED Against the County of Contra Costa ) APR 0 ZQ04 or CL RK. x BOARD F UPERVISO a CONTRA COSTAco. ,�f-P7" District) Fill in named ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the damaqge..or injury occur? (Give. exant date and hour) .z�0 `�- 2. Where did the damage or injury occur? (Include city and county) 3. How did thel.ge or injury occur? (Give fill details; use extra paper if required) k 4. WY Plar act or omission on ihe part of county or district officers, servants or .employees caused. the injury or damage's rmat are the names of county or district officers, servants or employees causing the damage or injury? 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors and hospitals. q. List+the�expenditures you made on account of this accident or injury: DATE ITEM AMOUNT f V€ ice Gov. Code Sec. 91M provides: "The claim must be signed by the claimant SEEM NO'T'ICES TO: (Attorney) orb some person on his. behalf.' Mane and Address of Attorney � �Clairkrrl.t Signature) ! ' Address, Telephone No. Telephone No. S'" € # NOTICE Section 72 of the Penal Cade provides; "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if .genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine;- or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($101000, or by- both such imprisonment and fine. 04/09/2004 at 11 :27 AM Job Number: 19377 JESS HERNANDEZ BODY SHOP & TOWING License #:AD188279 Federal ID # : 680413927 AS GOOD AS ANY BETTER THAN MANY 107 BLISS AVE. E-MAIL JHTOWING@AOL.COM PITTSBURG, CA 94565 (925) 432-3000 Fax: (925) 432-7588 PRELIMINARY ESTIMATE Written by: Adjuster: Insured: MARILYN AUILA Claim # Owner: MARILYN AUILA Policy # Address: 5255 CLAYTON RD APT. 143 Deductible: CONCORD, CA 94521 Date of Loss: Business: (925) 429--0582 Type of Lass: Point of Impact: Inspect JESS HERNANDEZ BODY SHOP & TOWIN Business: (925) 432-3000 Location: 107 BLISS AVE. E-MAIL JHTOWING@AOL.COM PITTSBURG, CA 94565 Insurance Company: Days to Repair 2000 FORD TAURUS SE SVG 6-3 . OL-FI 4D SED BLUE Int :GRAY VIN: 1FAFP55UOYA134131 Lic: 4TZU399 CA Prod Date: 12/1999 Odometer: 74201 Air Conditioning Rear Defogger Tilt Wheel Cruise Control Intermittent Wipers Keyless Entry Body Side Moldings Dual Mirrors Clear Coat Paint Power Steering Power Brakes Power Windows Power Locks Power Driver Seat Power Mirrors Anti-Lock Brakes (4) Driver Air Bag Passenger Air Bag Cloth Seats Bucket Seats Automatic Transmission Overdrive Aluminum/Alloy Wheels ------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ---------------------------------------------•------------------------------------- 1 FRONT DOOR 2 Blnd LT Outer panel 1 . 1 3 R&I LT Belt w' strip sedan 0. 3 4 Repl LT Body side mldg graphite 1 38 . 00 0. 3 0. 4 blue 5 R&I LT Mirror w/heated glass 0 . 4 6 R&I LT Handle, outside w/o 0. 4 keyless entry spruce green 7 REAR DOOR 8* Rpr LT Outer panel 1 . 5 2 . 2 9 Add for Clear Coat 0 . 9 10 R&I LT Belt w' strip sedan 0 . 3 1 04/09/2004 at 11 : 27 AM Job Number: 19377 PRELIMINARY ESTIMATE 2000 FORD TAURUS SE SVG 6-3 . OL-FI 4D SED BLUE Int:GRAY ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 11 Repl LT Body side mldg royal blue 1 25 . 82 0 . 3 0. 4 12 R&I LT Handle, outside royal blue 0 . 4 13 QUARTER PANEL 14* Rpr LT Quarter panel 1 . 0 2 . 2 15 Overlap Major Adj . Panel -0 . 4 16 Add for Clear Coat 0 . 4 17# TINT TO MATCH 1 0 . 5 18# COVER CAR FOR OVERSPRAY 1 5. 00 X 0 . 2 19# HAZARDOUS WASTE DISPOSAL 1 3 . 00 X ------------------------------------------------------------------------------- Subtotals ==> 71 . 82 5 . 6 7 . 2 Parts 63 . 82 Body Labor 5 . 6 hrs @ $ 65 . 00/hr 364 . 00 Paint Labor 7 . 2 hrs @ $ 65 . 00/hr 468 . 00 Paint Supplies 7 . 2 hrs @ $ 29. 00/hr 208 . 80 Sublet/Misc. 8 . 00 ---------------------------------------------------- SUBTOTAL $ 111-12 . 62 Sales Tax $ 740 . 62 @ 8 .2500% 61 . 10 ---------------------------------------------------- GRAND TOTAL $ 1173. 72 ADJUSTMENTS: Deductible 0 . 00 ---------------------------------------------------- CUSTOMER PAY $ 0. 00 INSURANCE PAY $ 1173 . 72 WE GUARANTEE ALL REPAIRS AND PAINT FOR 1 FULL YEAR. THIS IS A PRELIMINARY ESTIMATE AND ADDITIONAL CHARGES MAY BE REQUIRED FOR THE ACTUAL REPAIR. 2 04/09/2004 at 12 : 35 PM Job Number : 22464 BERNAL AUTO BODY INC License # :AK120990 Federal ID # : 680044723 OUR GREATEST ASSET IS A SATISFIED CUSTOMER 406 N. BUCHANAN CIR. PACHECO, CA 94553 (925) 689-0360 Fax: (925) 689-0715 PRELIMINARY ESTIMATE Written By: TARRY BERNAL Adjuster: insured: Claim # Owner: MARILYN AVILA Policy # Address: 5255 CLAYTON RD. Deductible: CONCORD, CA 94521 Date of Loss: Evening: (925) 429-0582 Type of Loss: Collision Point of Impact: 8 . Left Qtr Post Inspect BERNAL AUTO BODY INC Business: ( 925) 689-0360 Location: 406 N . BUCHANAN CIR. PACHECO, CA 94553 Insurance Company: 4 Days to Repair 2000 FORD TAURUS SE SVG 6-3 . OL-FI 4D SED BLUEMET VIN: 1FAFP55UOYA134131 Lic: 4TZU399 CA Prod Date: 12/1999 Odometer: UNK Air Conditioning Rear Defogger Tilt Wheel Cruise Control Intermittent Wipers Keyless Entry Body Side Moldings Dual Mirrors Clear Coat Paint Metallic Paint Power Steering Power Brakes Power Windows Power Locks Power Driver Seat Power Mirrors Anti-Lock Brakes (4) Driver Air Bag Passenger Air Bag Cloth Seats Bucket Seats Aluminum/Alloy Wheels ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 1 REAR DOOR 2* Rpr LT Outer panel 2 . 5 2 . 2 3 Add for Clear Coat 0 . 9 4 R&I LT Belt w' strip sedan 0 . 3 5 Repl LT Body side mldg royal blue 1 25 . 82 0 . 3 0 . 4 6 R&I LT Handle, outside royal blue 0 . 4 7 R&I LT R&I trim panel 0 . 4 8 QUARTER PANEL 9* Rpr LT Quarter panel 1 . 0 2 . 2 10 Overlap Major Adj . Panel -0 . 4 1"i Add for Clear Coat 0 . 4 124 Subl R&I LT 1/4 GLASS 1 90 . 00 X 13* R&I LT Upper qtr trim graphite 0 . 7 14 REAR LAMPS 1 CA/09/2004 at 12 : 35 PM Job Number: 22.164 PRELIMINARY ESTIMATE 2000 FORD TAURUS SE SVG 6-3 . CL-FI 4D SED BLUEMET ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 15 R&I LT Tail lamp assy 0 . 4 16 REAR BUMPER i7 R&I R&I rear cover 1 . 6 18 ELECTRICAL i9 R&I Bezel sedan 0 . 3 20 ROOF 21 Repl LT Roof molding _royal blue 1 49. 00 0 . 3 0 . 3 22# Re`-n CLEAR COAT LT . ROOF RAIL 0 . 5 23 FRONT DOOR 24* ;Ind LT Outer panel 1 . 0 25 R&I LT Belt w' strip sedan 0. 3 26 Repl LT Body side mldg royal blue 1 38 . 00 0 . 3 0 . 4 27 R&I LT Mirror w/o heated glass 0 . 4 28 R&I LT Handle, outside w/keyless 0 . 4 entry royal blue 29 R&I LT R&I trim panel 0 . 5 30## COLOR TINT 1 0 . 5 31# COVER CAR 1 5 . 00 0 . 2 324 HAZARDOUS WASTE REMOVAL 1 5 . 00 ------------------------------------------------------------------------------- Subtotals =_> 212 . 82 10 . 8 7 . 9 Parts 122 . 82 Body Labor 10 . 8 hrs @ $ 68 . 00/hr 734 . 40 Paint Labor 7 . 9 hrs @ $ 68 . 00/hr 537 . 20 Paint Supplies 7 . 9 hrs @ $ 29 . 00/hr 229. 10 Sublet/Misc. 90 . 00 ---------------------------------------------------- SUBTOTAL $ 1713 . 52 Sales Tax $ 351 . 92 @ 8 . 25000 29. 03 ---------------------------------------------------- GRAND TOTAL $ 1742 . 55 2 04/001/2004 at 12 : 35 PM Job Number : '2464 PRELIMINARY ESTIMATE 2000 FORD TAURUS SE SVG 6-3 . OL-FI 4D SED BLUEMET THE FOLLOWIN' IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS : D=DISCONTINUED PART A=APPROXIMATE PRICE LABOR TYPES : =BODY TABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRtJ:`URAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS PATHWAYS : ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPL-ED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NAGS=NATIONAL 11\tJTO GLASS SPECIFICATIONS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/ = ITH/_ SYMBOLS : ##=MANUAL LINE ENTRY *=OTHER [IE. .MOTORS DATABASE INFORMATION WAS CHANGED] **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO TINE . MQVP=MANUFACTURER' S QUALIFICATION AND VALIDATION PROGRAM. Erniitt:ate haseo -n MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from t-hey Guide Database Date 2/2004 and the harts selected are OEM-parts manufactured by the rt,icles Origin,;! Equipment Manufacturer. Asterisk (*) or Double Asterisk (**) indicates that the and/or l-1hor information provided by MOTOR may have been modified or may have come from an ali_err.ate. date. :>ource_ Non-Original. Equipment Manufacturer aftermarket parts are described as AM, Qu'il Repl P rtL; or Comp Regi Parts which stands for Competitive Replacement Parts. Used parts are 1c,scribcd r ,, ;_S<!), Qual Recy Parts, RC`_', or USED. Reconditioned parts are described as Recon. �� �cored parts arc, described as Recore. NAGS Part Numbers and Prices are provided from National. Auto (;Diss Specifications, Inc. Pound sign (4) items indicate manual. entries. Pathways - A product of CCC Information Services Inc. 3 CLAIM r • BOARD OF SUPERVISORS OF CONTRA COS'T'A COUNTY BOARD ACTION: ' Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document marled to you is your California Government Cedes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), give Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: 1$658.49 CLAIMANT, Liber tAitual .for Mark Pension ATTORNEY: Kim Fenicle DATE RECEIVED: April 12 2004 Interoffice subrogation Dept ADDRESS: 6575 snoNad7rift ltd Ste 101 BY DELIVERY TO C-LERK.ON: Allentmm PA 181. 06 BY MAIL POSTMARKED: FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April. 1.3 2004 JOHN SWqI'EN, Clerk Dated: By: Deputyw- II. FROM: County Counsel. TO. Clerk of the Board of u rvisors (4-'This claim complies substantially with Sections 910 and 910.2. 4 { ) This Claire FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.0, ( ) Claim is not timely filed. The Clerk should return claire on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ~" 19"... By . A. r ,^. . Deputy County Counse III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) { } Claim was returned as untimely with notice to claimant(Section 911.3). IV, ARD ORDER: By unanimous vote of the Supervisors present: (This Claire is rejected in full. ( ) Other: I certify that this is a true and correct.copy of the Board's Order entered in its minutes for this date. Dated:` JOHN SWEE'T'EN, CLERK., By , Deputy Clerk WARNING(Gov. code secti n 913) Subject to certain exceptions, you have only six (6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of'your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposite..in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JOHN SWEETEN, CLERK.By Deputy Clerk -, LibertX Liberty Mutual Fire Insurance Company utUA i.TM / Snowdrift Rd 1JtV 10 1 Allentown PA 18106 Tel: (610)398-9800 / (800) 521-0986 Fax: (610)398-3930 March 24, 2004 � SZN4 CITY OF DANVILLE 1 510 LA GONDA'WAY DANVILLE CA 94526 ATTN YOUR.DRIVER.-OFFICER.SUTHERLAND OUR.INSURED: MARK PENSON OUR.CLAIM NUMBER: PD631-004422547-01 YOUR INSURED: CITY OF DANVILL YOUR CLAIM NUMBER.: DATE OF LOSS: 03/16/2004 PLACE OF CA INO RAMON LOSS: DANVILLE, CA Dear Robert Ewing: Based on our investigation of this accident, we believe your Insured to be responsible for the damage to our Insured's vehicle. I have enclosed documentation to support the following subrogation claim: Amount we have paid $ 158 .49 Salvage(if applicable) $ 0 .00 Cour Insured's deductible $ 500. 00 Total amount of damages $ 658 .49 Please include our claim number on your check for the total amount of damages shown above and send your payment to my attention. If you have wry questions,please contact me at the number listed above, extension 420. Sincerely, KIM FENICLE/WH Subrogation Department Enclosure Helping People Live Safer,More Secure Lives SUB127A JIM'S CALIFORNIA AUTO BODY, INC. 2100 NORTH MAIN STREET WALNUT CREEK, CA 94596 (925) 933-2109 FAX (925) 933-8015 CD LOG NO 173-1 DATE 03119104 SHOP: INSP DATE: 03118104 CONTACT: TRAVIS WILLIAS OWNER: PENSON, MARK HOME PHONE: (925)362-8684 ADDRESS: 143 LAWNVIEW CIR WORK PHONE: (415)291-7837 CITY STATE: DANVILLE, CA ZIP: 94526-5107 CLAIM11: 004422547-01 POLICY11: PD631 INSURED: MARK PENSON, TYPE OF LOSS: COLLISIONIDRP LOSS DATE: 03116104 POINT OF IMPACT: 9 DAYS TO REPAIR: 2 INS. CO. LIBERTY MUTUAL LICIT: 4AKC800 STATE: CA VIN: 1 J4GZ58S3VC684758 BODY COLOR. RED MILEAGE: 86,000 CONDITION: GOOD ACCTNG CTL#: DRIVEABLE: YES VEH. INSP11: PROD.DATE: 02197 PAINT CODE: RD *=USER-ENTERED VALUE E=NEW PART NG=REPLACE NAGS EC=QUALITY REPLACEMENT PART UC=RECONDITIONED PRT UM=REMAN/REBUILT .PRT EU=REPLACE RECYCLED EP=SEE QUAL. REPL. PRT. RPT. PC=PXN RECONDITIONED PX=PXN REMAN/REBUILT TE=PARTIPARTIAL REPLACE ET=LABORIPARTIAL REPLACE IT=LABORIPARTIAL REPAIR I=REPAIR L=REFINISH BR=BLEND REFINISH TT=TWO-TONE CG=CHIPGUARD SB=SUBLET N=ADDNL LABOR OPERATION RI=R&I ASSEMBLY P=CHECK AA=APPEARANCE ALLOWANCE RP=RELATED PRIOR DAMAGE UP=UNRELATED PRIOR DAMAGE PRELIM ESTIMATE. COPY GIVEN TO OWNER. COPY GIVEN TO OWNER APPT. SET. PLEASE SEND DRAFT TO SHOP. 1997 JEEP GRAND CHEROKEE LIMITED 4DOOR WAGON 6CYL GASOLINE 4.0 CODE: J7303CIE OPTNS E124BDFGIJKLMVW OPTIONS: TWO-STAGE - EXTERIOR SURFACES TWO-STAGE - INTERIOR SURFACES POWER FRONT SEATS HEATED REMOTE CONTROL MIRRORS POWER DOOR LOCKS POWER WINDOWS PAGE 1 03/19/04 1997 JEEP GRAND CHEROKEE LIMITED 4DOOR WAGON CD LOG`NO 173-1 HEATED TAILGATE GLASS TILT STEERING WBEEL ALR CONDITIONING CLIMATE CONTROLLED AJC AUTOMATIC TRANS" OVERHEAD CONSOLE STRG WHEEL MTD RADIO CONTROLS OP ODE MC DESCRIPTION MFG.PART NO. PRICE AJ% B% HOURS R E 1236 - PIPE,EXHAUST 52101299AB 95.75 -5 0.6 2 E 0565 BUMPER,REAR 55155459 64.00 -5 INC 1 E 0522 01 COVER,REAR BUMPER 4798892 310.00 -5 1. 7 1 E 0454 PAD,REAR BUMPER ,STEP 55031880 2.5.20 -5 INC 1 4 ITEMS MC MESSAGE(S) 01 CALL DEALER FOR EXACT PART NUMBER / PRICE .FINAL CALCULATIONS & ENTRIES GROSS PARTS 494.95 LINE ITEM DISCOUNT 24.7.5- PARTS & MATERIAL TOTAL 470.20 TAX ON PARTS & MATERIAL @ 8.250% 38. 79 LABOR RATE REPLACE HRS REPAIR HRS 1-SHEET METAL 65.00 1. 7 110.50 2-MECHJELEC 6.5.00 0.6 39.00 3-FRAME 65.00 4-REFINISH 65.00 5-PAINT MATERIAL 28.00 LABOR TOTAL 149.50 SUBLET REPAIRS TOWING STORAGE GROSS TOTAL 658.49 LESS: DEDUCTIBLE 500.00- NET TOTAL 158.49 ADP SHOPLINK UH915 ES CD 'LOG 173-1 DATE 03/19/04 08:58.34AM 86.35 CD 02/04 HOST LOG (C) 1998 - 2003 ADP CLAIMS SOLUTIONS GROUP, INC. -------------------------------------------------- PAGE 2 03/19/04 1997 JEEP GRAND CHEROKEE LIMITED 4DOOR WAGON CD LOG` NO 173-1 THIS IS NOT At AUTHORIZATION TO REPAIR. NO SUPPLEMENT WITHOUT`REINSPECTION BY THIS APPRAISER. ALL SUPPLEMENTS MUST BE APPROVED PRIOR tO REPAIR. COLLECT IN .FULL FROM OWNER. PLEASE SHOW ESTIMATE TO REPAIR SHOP. DATE AUDATEX CD SEQUENCE # ADP # AUDATEX (Al) GEOCODE. (C) 1998 - 2003 ADP CLAIMS SOLUTIONS GROUP, INC. R6.3 PAGE 3 03119104 STATE OF CALIFORNIA TRAFFIC COLL=ISION REPORT CHF'555 CARS Page 1 (Rev 8/98)CIPI 042 Page I Of SPECIAL CONDITIONS NUNSER HTa RUN CITY JUDICIAL DISTRICT LOCAL REPORT NUMBER ON-DUTY EMERGENCY VEHICLE IMURED FELONY 0 F_' DANVILLE WALNUT CREEK NumeEaxum wrs RUN COUNTY REPORTING DISTRICT BEAT 04-07971 MISDEMEANOR 0 L] CONTRA COSTA DAN/21 63 COLLISION OCCURRED ON: _ MO DAY YEAR TIME(2400) NCIC# 761966 FICER{.D. Z CAMINO RAMON 03/16/2004 1845 0700 pMILEPOST INFORMATION: DAY OF WEEK TOW AWAY PHOTOGRAPHS BY: NONE < TUESDAY Ll YES }C NO AT INTERSECTION WITH: STATE HWY REL X IOR: 224 FEET NORTH OF KELLEY LN. X YES NO PARTY DRIVERS LICENSE NUMBER STATE CLASS SAFETY VEH.YEAR MAKE/MODEL I COLOR LICENSE NUMBER STATE EQUIP. FORD CROWN VI WHI I N5698572 CA 00 1076578 CA DRIVER NAME(FIRST,MIDDLE,LAST) ON DUTY EMERGENCY VEHICLE X DANIEL SCOTT SUTHERLAND OWNER'S NAME I SAME AS DRIVER PEDES STREET ADDRESS TOWN DANVILLE �J THAN S 10 LA GONDA WY. OWNERS ADDRESS SAME AS DRNER PARKED CITY 1 STATE,,Zip VEHICLE DANVILLE CA 94526 DISPOSITION OF VEHICLE ON ORDERS OF: ` OFFICER I Y IDRNER ' OTHER MY- SEX HAIR EYES HEIGHT WEIGHT BIRTHDATE RACE u ;^I t. I GIST MO Day Year M BRN BRN 5-1 7 190 w PRIOR MECH,DEFECTS NONE APP. REFER TO NARRATIVE OTHER HOME PHONE BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER: 2FAFP'71 W9YX168854 925)314-3410 (925)314-3410 CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER VEHICLE TYPE ❑UNK []NONE MINOR QQ SELF-INSURED MOD f MIA tOR ROLL-OVER 7 DIR OF TRAVEL I ON STREET OR HIGHWAY SPEED LIMITCA Dd'f 1 N CAMINO RAMON 30 CAL-T TCPMSC MC/MX PARTY DRIVER'S LICENSE NUMBER STATE CLASS SAFETY VEH.YEAR MAKE/MODEL/COLOR LICENSE NUMBER STATE 2 B9058425 CA G 97 JEEP CHEROKEE RED 4AKC800 CA DRIVER NAME(FHRST,MIDDLE,LAST) IMICHELLE BETH IIENSON OWNER'S NAME 1XI SAME As DRIVER PEDES- STREET ADDRESS TMAN 143 LAWNVIEW CIR OWNER'S ADDRESS SAME AS DRIVER PARKED CITY/STATE/ZIP VEHICLE - - DANVILLE CA 94526 DISPOSITION OF VEHICLE ON ORDERS OF: OFFICER ;DRIVER }OTHER BAY- SEX HAIR EYES HEIGHT WEIGHT BIRTHDATE RACE �J CLLS`T Mo Day Year F BRN BRN 5-5 130 04/03/1970 W PRIOR MECHANICAL DEFECTS 7C NONE APP. REFER TO NARRATIVE OTHER HOME PHONE BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER: IJ4GZ58S3VC684758 (925)$38-6310 (925)362-8684 CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA VEHICLE TYPE 11 UNK (�[]NONE {v(MINOR INSURANCE CARRIER POLICY NUMBER LIBERTY MUTUAL A02-268-218496-10 3 MOD AJOR ROLL-OVER DIR OF TRAVEL ON STREET OR HIGHWAY SPEED LIMIT DOT N CAMINO RAMON 30 CAL-T TCP/PSC MCIMX PARTY DRIVER'S LICENSE NUMBER STATE CLASS 7TY VEH.YEAR MAKE/MODEL 1 COLOR LICENSE NUMBER STATE 3 DRIVER NAME(FIRST,MIDDLE,LAST) 11 OW'NER'S NAME SAME AS DRIVER PEDES- STREET ADDRESS TRIAN OWNERS ADDRESS (SAME AS DRIVER PARKED CITY 1 STATE tZ:P VEHICLE DISPOSITION OF VEHICLE ON ORDERS OF: OFFIC€RlDRIVER (OTHER I BICY- SEXHAIR EYES HEIGHT WEIGHT BlRTFSDATE RAC€ CLIST Mo Day Year PRIOR MECHANCIAL DEFECTS NONE APP. EFER TO NARRATIVE OTHER HOME PHONE BUSINESS PHONE VEHICLE IDENnFICAMON NUMBER: CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER VEHICLE TYPE 11UNK ❑NONE MINOR MOD MAJOR ROLL-OVER DIR OF TRAVEL I ON STREET OR HIGHWAY SPEED LIMIT CA DOT CAL-T TOPJPSC MGMX tPRE1,ARER'S NAME DISPATCH NOTIFIED REVIEWEER'S NAME DATE REVIEWED A.GOYICH 61966Ll 11 L YES NO NSA STATE OF CALIFORNIA TRAFFIC COLLISION CODING Page 2 DI � CHIS 555 CARS Pa 2 B1JS OPI 042 I DATE OF COLLISION(MO.DAY YEAR) 71,845 ME(24W) NCIO# OFFICER I.D. NUMBER 03/16/2004 0700 61966 04-07971 OWNER OWNER ADDRESS NOTIFIED PROPERTY OWNER []NO DAMAGE DEscRtPTIoN OF t)AMAGE SEATING POSITION OCCUPANTS M/C BICYCLE-HELMET SAFETY EQUIPMENT EJECTED FROM VEHICLE L-AIR BAG DEPLOYED 0.NOT EJECTED A-NONE IN VEHICLE M-AIR BAG NOT DEPLOYED 1-FULLY EJECTED B-UNKNOWN N-OTHER DRIVER 2-PARTIALLY EJECTED I t-DRIVER C-LAP BELT USED P-NOT REQUIRED VW-NOS 3-UNKNOWN D-LAP BELT NOT USED 52 TO 5-PASSENGERS E-SHOULDER HARNESS USED CHILD RESTRAINT 7-STA.WGN REAR F-SHOULDER HARNESS NOT USED Q--1�#CL'USED PASSENGER 8-RR.OCC TRK,OR VAN G-LAP/SHOULDER HARNESS USED R-IN VEHICLE NOT USED X-NO 7 9-POSITION UNKNOWN H-LAP/SHOULDER HARNESS NOT USED S-IN VEHICLE USE UNKNOWN Y-YES O-OTHER J•PASSIVE RESTRAINT USED T-IN VEHICLE IMPROPER USE K-PASSIVE RESTRAINT NOT USED U-NONE IN VEHICLE ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK VI SHOULD BE EXPLAINED IN THE NARRATIVE. PRIMARY COLLISION FACTOR TRAFFIC CONTROL-DEVICES 1 23 TYPE OF VEHICLE 1 2 3 MOVEMCNOT PSR ONEI3lNG LIST NUMBER# OF PARTY AT FAULT 1 A vcs€cnoN="Tzu' c'TED ES A CONTROLS FUNCTIONING X X A PASSENGER CARISTATKIN WAGON A STOPPED 22350 X 4 B CONTROLS NOT FUNCTIONING' B PASSENGER CAR W I TRAILER B PROCEEDINGS STRA€GHT $ OTHER IMPROPER DRIVING` C CONTROLS OBSCURED C MOTORCYCLE I SCOOTER C RAN OFF ROAD X D NO CONTROLS PRESENT 1 FACTOR' D PICKUP OR PANEL TRUCK D MAKING RIGHT TURN D OTHER THAN D_RIVER` TYPE OF COLLISION E PICKUP I PANEL TRUCK W1 TRAILER X I E MAKINCx LEFT TURN ON-HEAD A F TRUCK OR TRUCK TRACTOR F MAKING U TURN D UNKNOWN` G TRUCK I TRUCK TRACTOR WI TRLR. G BACKING E FELL ASLEEP` B SIDE SV+!IPE H SLOWING I STOPPING X C REAR END H SCHOOL BLLS WEATHER MARK?TO 2}TENS} D BROADSIDE L OTHERSUS L PASSING OTHER VEHICLE X A CLEAR E HIT OBJECT U EMERGENCY VEH#CLE U CHANGING LANES B CLOUDY F OVERTURNED K HIGHWAY CONST.EQUIPMENT K PARKING MANEUVER G VEHICLE I BICYCLE L- ENTERINGTRAFFIC C RAINING MOTHER VEHICLE MOTHER UNSAFE TURNING D SNOWING H OTHER'; N XING INTO OPPOSING LANE E FOG!VISIBILITY FT. Lv PEDESTRIAN F OTHER:' MOTOR VEHICLE INVOLVED WITH 1 10 MOPED 10 PARKED —EG-WIND JA NON-COLLISION P MERGING LIGHTING B PEDESTRIAN Q TRAVELING WRONG WAY A DAYLIGHT X C OTHER MOTOR VEHICLE 1 23 OTHER ASSOCIATFO FACTORS R OTHER`: X B DUSK-DAWN D MOTOR VEHICLE CIN OTHER ROADWAY {MARK 1 TO 2 ITEMS) C DARK-STREET LIGHTS E PARKED MOTOR VEHICLE A VCSECT.1014VI n.ATEn CITED YES D DARK-NO STREET LIGHTS F TRAIN NO E DARK-STREET LIGHTS NOT G BICYCLE B vc SecTiav vio ATEo: cm p YES FUNCTIONING` H ANIMAL: NO SOBRIETY-DRUG ROADWAY SURFACE C vaSEOON'00LAT€a crrED 1YES 1 2 3 PHYSICAL X A DRY { FIXED OBJECT: NO {MARK 1 7O 2 ITEMS} B WET D XIX A HAD NOT BEEN DRINKING E VISION OBSCUREMENT: B HBD-UNDER INFLUENCE C SNOWY>€CY .# OTHER OBJECT: F }NATTENT€ON`: C HBD-NOT UNDER INFLUENCE` D SLIPPERY MUDDY,OILY,ETC. ROADWAY CONDITION(S) G STOP S GO TRAFFIC D HBO-IMPAIRMENT UNKNOWN* MARK 1 TO 2 ITEMS) PEDESTRIAN'S ACTIONS H ENTERING/LFAVING RAMP E UNDER DRUG INFLUENCE` A HOLES,DEEP RUT' X JA NO PEDESTRIANS INVOLVED L PREVIOUS COLLIS#C?N F IMPAIRMENT-PHYSICAL' B LOOSE MATERIAL ON ROADWAY` B CROSSING 1N CROSSWALK +L UNFAMILIAR WITH ROAD G IMPAIRMENT NOT KNOWN C OBSTRUCTION ON ROADWAY' AT INTERSECTION K DEFECTIVE VEH.EQUIP.: CITED H NOT APPLICABLE D CONSTRUCTION-REPAIR ZONE C CROSSING IN CROSSWALK-NOT YES I SLEEPY I FATIGUED REDUCED DUCED ROADWAY WIDTH AT INTERSECTION NO SPECL46L INFORMATION F FLOODED` D CROSSING-NOT EN CROSSWALK L UNVED VEHICLE A HAZARDOUS MATERIAL G OTHER`: E IN ROAD-INCLUDES SHOULDER X it M OTHER`: SUSPECT"SEARCH B CELL P14ONE IN USE X H NO UNUSUAL CONDITIONSF NOT IN ROAD X N NONE APPARENT C CELL PHONE NOT IN USE G APPROACHING 1 LEAVING SCHOOL BUS O RUNAWAY VEHICLE X X D CELL PHONE NONEJUNKNOWN SKETCH ,�..,>''H E I.,(,,. Llk MISCELLANEOUS '^tE NORTH STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE 3 OF 3 DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 03/16/2004 1845 0700 61966 04-07971 1 NOTIFICATION: On 03-16-2004 at approximately 1930 hours, I responded to a report of a vehicle 2 collision involving a Danville Police vehicle in front of the Shell gas station on Camino Ramon in Danville. 3 I arrived at the scene at approximately 1937 hours. All times, speeds and distances are approximate. 4 Measurements were made by a roll-a-tape. 5 6 STATEMENTS: 7 P-1(Sutherland) stated that he was driving his assigned Ford Crown Victoria (V-1) northbound (N/B) on 8 Camino Ramon. He said he was actively looking for a suspect running from Danville and San Ramon police 9 officers but he did not have his lights and/or siren activated. When he approached the area of the Shell gas 10 station he indicated he was looking towards the parking lot area and all of a sudden he noticed that there was 11 a red Jeep Cherokee stopped in his path. He noticed that the vehicle was signaling to turn left into the gas 12 station. He said that there was just not enough time to maneuver his vehicle out of the way. He said that he 13 tried to stop V-1 but could not stop the vehicle in time to avoid a collision. He said that he then collided the 14 front left portion of the police car with the rear bumper of V-2. 15 16 P-2(Pensoul stated that she stopped her vehicle (V-2) in the NIB lane of Camino Ramon waiting for traffic 17 to clear the southbound lane so that she could make a left turn into the Shell station. P-2 said that she had 18 been stopped for several seconds and had activated her turn signal indicator. She then felt a bump and 19 realized that she had been involved in a collision. 20 21 SUMMARY: P-1 was driving V-1 N/B on Camino Ramon at a slow speed as he was searching for a car 22 thief in the area of the Shell gas station. P-2 had stopped her vehicle in front of the driveway to the Shell 23 station and was waiting until traffic was clear so that she could make a left turn into the gas station. Because 24 P-1 was looking for the suspect he did not realize that V-2 was stopped in front of his path of travel until it 25 was too late to avoid a collision. P-1 attempted to apply the brakes but was unsuccessful in stopping V-1 in 26 time. The front left portion of the hood the left fender and the left lens housing of V-1 collided with the rear 27 bumper of V-2. 28 29 P-1 and P-2 both indicated that P-2 was using her turn signal indicator prior to the collision. Both parties 30 refused medical attention. Both vehicles were driven from the scene. 31 32 AREA(s) OF IMPACT: 33 A0I-1 was measured approximately 224' 6" north of the north curb-line prolongation of Kelley Lane and 34 10'4"west of the east curb-line of Camino Ramon. 35 36 CAUSE: 37 P-l(Sutherland) caused this collision when the vehicle he was driving(V-1) could not be stopped in time to 38 avoid a collision with V-2. This is in violation of CVC 22350--Unsafe Speed. 39 40 RECOMMENDATIONS: None. PREPARED BY I.D.NUMBER DATE REVIEWER'S NAME DATE John A. Goyich 61966 03/20/2004 1 �� <5��2� �� ... . \> . � � 7° . r. ../ � >i .� _ ?: ,F- /. .� y' r f CLt'l.1M BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), giver, Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: LA4A -�"t CLAIMANT: N o -:A ATTORNEY: DATE RECEIVED: ADDRESS. t4�, � '" (1 ���� ...� ����.�� BY DELIVERY TO CLERK ON: .. c - BY MAIL POSTMARKED: FROM. Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN EETEN,,C rk .Dated: 12 By: Deputy1\2 II, FROM: County Counsel,. TO: Clerk of the Board of Supervisors ( )°This claim complies substantially with Sections 910 and 910.2. y ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8), ( ) Claim is not timely filed The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). { ) Other: Dated: ' By: Deputy County Counsel III. FROM. Clerk of the Board TO; County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3), IV. BOARD ORDER: By unanimous vote of the Supervisors present; ( ) This Claim is rejected in full. { ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: /° Z JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code section A 3) Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional`Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty ofperjury that I am now, and at all times herein mentioned., have been a citizen of the United States, over age 18; and that today I deposited.in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above, Dated. JOHN SWEETEN, CLERK By Deputy Clerk RECEIVED a APP 15 RMAD 'q SAM WALKER, State Bar No, 142163 CLEFK BOARD OF St;P1IS�R 4659 Greenbush Drive . s # Concord, CA 94521 925 917-5304 925 6808787 fax ATTORNEY FOR ROBERT CLOUTI EER ROBERT CLOUTHIER, an individual, CLAIM NUMBER: Claimant, FIRST AMENDED CLAIM FOR DAMAGES, ATTORNEYS FEES, V. AND COSTS AGAINST PUBLIC ENTITIES AND CERTAIN OF CITY OF BRENTWOOD, BRENTWOOD THEIR EMPLOYEES, POLICE DEPARTMENT, COUN'T'Y OF SUBMITTED PURSUANT TO CONTRA COSTA, CONTRA COSTA CALIFORNIA GOVERNMENT COUNTY OFFICE OF THE SHERIFF, and CODE § 910, et seq. DOES ONE through FIFTY, being,Officers and Deputies of the Brentwood Police Department and Contra Costa County Office of Sheriff whose identities are not presently known to Claimant, Respondents. This is a claim submitted pursuant to Government Code § 910 against the City of Brentwood, the Brentwood Police Department, the County of Contra Costa, the Contra Costa County Office of the Sheriff, and individual City of Brentwood police officers and Contra Costa County deputy sheriffs whose identify is presently unknown to Claimant, for damages arising out of the wrongful arrest and imprisonment of claimant Robert Clouthier on October 18, 2003.1 Claimant also claims attorneys fees and costs. ' This claim was originally submitted by mail on April 6,2004,in accordance with Government Code§§ 915(a)(2)and 915.2. The County of Contra.Costa returned the claim and stated that no action was taken FIRST AMENDED CLAIM FOR DAMAGES Page 2 April 15, 2004 L FACTS Claimant is a 26-year-old individual who resides in the City of Concord, California. In October 2003, when the events pertinent to this claim occurred, Claimant resided in the City of Brentwood with his spouse, Suzanne Clouthier, at 4586 Ford Court. On the evening of October 18, 2003 claimant returned home from an outing with friends. His wife began verbally to taunt and provoke claimant. When claimant refused to be drawn into an argument with her she began to punch him with her fists. She would not stop, so he tried to grab her hands and wrists to restrain her but was not successful. Finally he put his hand on her face and pushed her away. She turned her head and bit down on his thumb, causing him pain and leaving a deep mark. The two of them then laid down in bed and claimant tried to calm his wife by holding her and caressing her hair. Her excited behavior continued, so claimant told her to leave the room so that he could get some sleep. She did and after a few minutes claimant fell asleep and was still asleep when suddenly he was awoken by someone telling him to get up and get dressed. He looked up to see three uniformed law enforcement officers standing over him. Claimant believes the officers were police officers for the City of Brentwood. They also may have been Contra Costa County deputy sheriffs. He got out of bed and was forced to dress while surrounded by the three officers. Without otherwise speaking to claimant the officers told him to put his hands behind his back and when he did they handcuffed him. Still without telling him why they were there or why they had cuffed him,the officers led claimant out of the house and to the street where they made him sit alone in the back seat of a patrol car. because the claim was filed late. That is incorrect. Claimant's causes of action accrued.beginning October 18,2003,the day he was arrested and imprisoned. He thus has until April 18,2004(six months)to submit his claim. On that basis claimant resubmits this claim to the County of Contra Costa. FIRST AMENDED CLAIM FOR DAMAGES Page 3 April 15, 2004 Again without informing claimant of the reason—and without informing claimant of his rights as required by the Miranda decision of the United States Supreme Court— the officers transported claimant to the police station in the City of Brentwood. Under interrogation at the station, claimant told the officers of the events that had occurred earlier that evening. He showed them the laceration on his thumb and explained how it got there. The officers noted that they had not seen the condition of his thumb previously because of the handcuffs. Ignoring his explanation of the relevant events, the officers informed claimant that he would be going to jail. They then transported him to the county jail in Martinez, California. Along the way the officers acknowledged claimant's cooperative attitude and remarked on how"out of control" his wife had been, clearly implying knowledge of her true rale as an aggressor in the disturbance. Nevertheless the officers delivered claimant to the county jail, telling him that he probably would get out in five days, at which time he could return to his home to recover his possessions. Bail for claimant was set at $125,000! After claimant had endured five days in prison he indeed was released. leo charges. No apology. While transporting him to jail the officers told claimant that they had cuffed him and brought him out of the house because there was a knife under the mattress of the bed and they were afraid that he would attack them with it. Claimant had no knowledge whatsoever of any such knife under the mattress and told this to the officers. Claimant did not and does not own any weapons of any kind. The officers restrained, arrested, and imprisoned claimant without a warrant, without probable cause, with excessive force, with no evidence justifying arrest under Penal Code § 836(d). The officers conducted no meaningful investigation. They did not obtain any evidence that claimant had or would commit any acts of domestic violence. There was evidence that claimant's wife posed a threat to him. She is a relatively large and strong woman. Claimant, at 5'10" and 170 pounds, is slight of build. There FIRST AMENDED CLAIM FOR DAMAGES Page 4 April 15, 2004 was no justification,therefore, for the officers to arrest claimant as a physically superior threat to his wife, indeed to terms of their respective physical stature, claimant was just as likely, if not more likely, than his wife to become an injured victim in a domestic disturbance. In fact, as the officers knew or should have known, it was claimant's wife who had been the aggressor in a previous incident on or about October 6 , 2003 that had prompted claimant to call for the police. They never arrested claimant's wife. Yet on October 18, 2003, barely twelve days later, respondents arrested and imprisoned claimant. H. RESPONDENTS ARE LIABLE FOR CLAIMANT'S DAMAGES By wrongfully arresting and imprisoning claimant for five days respondents are liable to claimant for the serious mental and emotional injuries he suffered and will continue to suffer.2 Respondents are liable under various causes of action which claimant hereby asserts, including false arrest, false imprisonment, negligence, violations of civil rights guaranteed claimant under the United States and California Constitutions, violations of 42 U.S.C. § 1983, the Unruh Civil Rights Act, California Civil Code §§ 51, et sec., and Civil Code § 43, and intentional and negligent infliction of emotional distress. Respondents are liable to claimant for damages and for attorneys fees and costs as dictated by United States and California law. Respondents deliberately deprived claimant of one of the most fundamental rights guaranteed to him under the Constitution, a right recognized by the founding declaration of this country as inalienable. Based on no wrongdoing of his, and utterly without M process of lave, let alone due process, respondents entered claimant's bedroom, rudely ordered him to stand up and dress, cuffed him, dragged him off and threw him in prison. '-Claimant is informed and believes and thereon alleges that the Contra Costa County Office of the Sheriff, through its dispatch operations,records and data keeping,detention facility operations,failure to adopt proper protocols for responding to calls concerning domestic disturbances,and other matters,caused or contributed to the conduct at issue in this claim. Claimant also is informed and believes and thereon alleges that the County of Contra Costa is liable for this claim on the same basis. FIRST AMENDED CLAIM FOR DAMAGES Page 5 April 15, 2004 The actions of respondents were no better than those of secret police in tyrannical dictatorships. Respondents will likely say in their defense that their actions were merely those contemplated and protected by Penal Code § 836(d). This defense --this excuse—cannot succeed. If it does in this case, the fundamental right to liberty supposedly held by California.citizens would be meaningless. If section 836(d)authorizes the conduct perpetrated by respondents against claimant, then either that section is not constitutional or the Fifth and Fourteenth Amendments no longer protect Americans from their government's exercise of arbitrary force. III. CLAIMANT'S DAMAGES ARE SUBSTANTIAL The injury claimant has suffered as a result of respondents' actions is profound and severe. The forceful and frightening detention and arrest and subsequent five days imprisoned in the county jail shattered claimant's emotional and mental stability. He fell into serious depression. He tried to take his own life. He was hospitalized in a mental health facility for more than 14 days and continues to receive medical care for his injuries. Thus the damages claimant has suffered and will continue to suffer are enormous. Since the medical care claimant has received is continuing it is not possible at this time to state the amount of medical special damages he has and will sustain. It is also not possible, of course, to state an amount for the general damages claimant has suffered and will continue to suffer into the future. These damages include his pain, suffering, and profound mental and emotional distress. He is also being forced to incur attorneys fees and costs to pursue this claim. Claimant seeks well in excess of the $10,000 statutory minimum for the damages amount to remain unspecified. V. NOTICE TO PRESERVE EVIDENCE Claimant hereby notifies each Respondent, and any other entity or individual who receives notice of this claim, that any and all documents or things relating in any way to this claim and that may constitute evidence should be preserved. Along with any and all FIRST AMENDED CLAIM FOR DAMAGES Page 6 April 15, 2004 written records,this includes, but is not limited to, any and all media containing recordings of communications between any law enforcement personnel, between law enforcement personnel and Suzanne Clouthier or claimant, or between law enforcement personnel and any other persons or entities in any way conten cant and/or claimant's wife. 3 DATE: April 15, 2004 mm Walker Attorney for Claimant Robert Clouthier FIRST AMENDED CLAIM FOR DAMAGES Page 7 April 15, 2004 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA I am a resident of the State of California, over the age of eighteen years, and not a party to this action. My business address is 4659 Greenbush Dr., Concord, California, 94521. On April 15, 2004, I served the attached: FIRST AMENDED CLAIM FOR DAMAGES, ATTORNEYS FEES, AND COSTS AGAINST PUBLIC ENTITIES AND CERTAIN OF THEIR EMPLOYEES, SUBMITTED PURSUANT TO CALIFORNIA GOVERNMENT CODE § 910, et seq. by placing one original document in each of four envelopes addressed as follows: Clerk of the Board of Supervisors City Clerk County of Contra Costa City Attorney Room 106 City Administration Department County Administration Building City of Brentwood 651 Pine Street 708 Third Street Martinez, California 94553 Brentwood, CA 94513 ATTN: Government Code Claims ATTN: Government Code Claims Office of the Sheriff Administrative Services Bureau Brentwood Police Department County of Contra Costa 100 Chestnut Street 651 Pine St. 7th Floor Brentwood, CA 94513 Martinez, CA 94553 ATTN: Government Code Claims ATTN: Government Code Claims and personally delivering the envelopes to the addressees. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. s .Executed on April 15, 2004, at Co ofd,(al Sam Walker AA CLAIM �' l 1` ' BOARDF SUPERVISORS `CC3l TRA CESTA COy C3 BEARD ACTION: Claim Against the County, or District Governed by ) the Beard of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT and Board.Action. All Section,references are to } The copy of this document mailed to you is your California Government Codes. ;; ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), give: Pursuant to Government Code Section 913 and 915A. Please note all"Warnings". A-MOU i ��la, A-/ ir'f� ,'`i 't�6�''�C�. '!`..�K+"5�&�t.✓.J .{d� � .r".'�� �._...-.� ��i�,rl`��� .,�:�+��3✓i.:LFt.. L''v � ! CLAIMANT: � ^ � �" A ATTORNEY: t, .. € .. t, ATE RECEIVED: L ` ADDRESS. . , ># l �' p ( BY DELIVERY TO CLERK ON: BY MAIL POSTMARKED: ". FROM: Clerk of the Beard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SVZWTEN, Clerk t ,,, ► Dated: ' L � ' By: Deputy II, MOM: qowo Counsel.. TO: Clerk of the Beard of Supervisors { 'y This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8), { ) Claim is not timely filed. The Clerk should return:claim on ground that it was fled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: By _:, '- . ': Deputy County Counse III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) { } Claire was returned as untimely with notice to claimant(Section 911.3). IV. ORDER: By unanimous vote of the Supervisors present: { This Claim is rejected in full. { } Other.. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JOHN SWEETEN, CLERK, By , Deputy Clerk WING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposite4in the united States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Beard Order and Notice to Claimant, addressed to the claimant as shown above. Dated: -. ! 0 JUIN SWEETEN, CLERK By Deputy Clerk RECEIVED LAW OFFICES OF DAVID F. BEAC APR 1 42004 A PROFESSIONAL CORPORATION 100 STONY POINT ROAD SUITE 185 CLERK BOARO OF SIdPERVISORS SANTA ROSA,CA 95401 CONTRA COSTA CO. TELEPHONE: 707 547-1690 FAX: 707 547.1694 DAVID F.BEACH OF COUNSEL: JOHN J.FRITSCH THOMAS E. BEACH SARAH HEMBROW ROSE MARIE TANTILLO,R.N.,J.D. ANNETTE HOLLAND April 13, 2004 GARY G.DEVINE CERTIFIED MAIL-RETURN RECEIPT REQUESTED Clerk, Board of Supervisors Contra Costa County 651 Pine Street, Rm. 106 Martinez, CA 94553 Re: Darlene Lowe vs. Drill Tech Drilling, Blackhawk HOA, et al. Superior Court of California County of Contra Costa Case No. CO 300394 Dear Clerk: On March 5, 2004, I submitted a claim for the above case for processing by your office. Enclosed please find an amendment to the original claim, made in accordance with Government Code section 910.6. Please note the addition of paragraph 2.i. "Breach of Contract" to the claim attachment, as well as the enclosure of copies of the two contracts in question. If you have any questions, please give me a call. Thank you. ordially, J HN J RITSCH JJF:kv Enclosure Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 4 A. Claims relating to causes of action for death or for injury to porion or to persona property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 1000 day after the accrual of the cause of action.Claims relating to causes ofaction for death or for injury to person or to personal property ougrowinS crops and vrtvch accrue on or after hunuary 1, 1988,must be presented not later than six months after tho accrual of the cause of action. Claims relating to any other cause ofaction must be presented not tater than one year atcr the accrual of the cause ofaction. (Gov'i Code 911.2.). B, Claims must be tiled with the Clerk of the Board of Suptirvisors at its oAiets in Room 106, County Administration Building,631 Pine troot;,Marcia** CA 94553. C. If claim is against a district governed by the Board of Supervisors,rather than the County,the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fru . See penalty for ftaudulent claims.Penal Code Sec.72 at the end of th4 form. ar♦rtawtrrrwr*swrr*wwwtwrrwrw+�trrrrs*r►atttaw+rrarfasrsw*r+� arfsrs+.rvarrrrw#s•w+varrs+rwrs+ RE: Claiin By Reserved for Clark's fling stamp Blackhawk Homeowners Association formerly known as Country ME at ) Blackhawk Imppovement Association, Inc. Against the County of Contra Costa or Blackhawk Geologic Hazard Abatement District) (Pill in name) 1 The undersigned claimant hereby makes claire against the Cooney sof Contra Costs or the sbove•nam d district in the rum of se�e_ and in support of this claim represents as follows: attachment (Item #3) I. When did the damage or injury pocur?(Give exact date and hour) December 8, 2003 - Time : Ongoing 2. Taro did the darn r or injury occur?(IMIude�►and county) Arising out of incidents at or about 353 Sequoia Terrace, Danville, CA (Contra Costa County) 3. How did the damage or injury occur?(Give full details;use extra paper if repired) See attachment (Item #1) 4, What pa nicular act or omission on the pari of county or district officers, servants, or employees crust d thtt injury or damage? See attachment (Item #2) S. Whst ere the names of county or district officers.servants,or employees causing the damage or injury? See attachment (Item #2) 6. What damage or injuries do you claim resulted?(Give hull extant of injuries or damages claimed, Attach -two estimates for auto damage,) See attachment (Item #3) 7, How was the amount claimed above computed?(Include the estimated amount of any prospective injury or damage,) See attachment (Item #3) B. Names and addresses Of witnesses, doctors, and hospitals. Doctors and hospitals - N/A Witnesses - See attachment (Item #4) 9. List the expenditures you made on account of this accident or injury. DAU IM AMOL See attachment (Item #3) #*$3##�##$####ii####ii+►###i#i##�►#iii#iiiMii#i�#i►�F�►if#!#i*t'i#ii#iit►t#i###i#iiitiii+i#*##Mit } Gov.Code Sea 910.2 provides"The claim must be signed by the claimant or by some parson on his behalf:" JOHN Jr FRITSCH ESQ. Name and Address ofAttomey i JOHN J. FR.ITSCH, ESQ. } , LAW OFFICES OF DAVID F. BEACH, P.C. MAWAirsshmature) .100 Stony Paint Rd. , Suite 185 `Santa Rosa, CA 95401 } (Address) TelephotwNo, 707-547-1690 - i###i#itlt«ii1�+i#r1li�Y#lltitM!#►it#+k##i###*####i#i�DRi#itti#i#At##t##wMii#i+lfiii#itlY##�l#iilii+►1 SatM 71 our the Pear!golf#pnMdes- gvefi'pMe who.,rAlk iateat to dab"pr*MMS for alieewUoa(W ft pow"ter my stat#boars!of officer,or to any t3eta01y,eity,Of 41Aft tai or*MOM ar Oboeta d to allow or pny the sun*itSwWvit,my fitte or h udutaw bull,nwinrt. "wUr,or WIMO&is papist"cidw by tm*tit teurietat to the aowrtty jbl for 6 P1604 d AN More flan am yw►s,by a Aw of to =gout A" 01, of by W6 VXb fowhow"rtnt arad<fts,or by imprim ment to LU tufa prtsoa,by a tine as d IMMS I taa"wad dattarx(S KNOX or by both tater imptiMin"t acrd&#. �., ATTACHMENT TO LIABILI'T'Y CLAIM FOR.DAMAGES BY BLACKRAWK HOMEOWNERS ASSOCIATION INC.,formerly known as COUNTRY CLUB AT BLACKHAWK IMPROVEMENT ASSOCIATION INC. AGAINST BLACKHAWR GEOLOGIC HAZARD ABATEMENT DISTRICT 1. HOW DID THE DAMAGE OR INJURY OCCUR? Can or about December 8, 2403,Blackhawk Homeowners Association("BHA") was served with an amendment naming BHA as a DOE defendant in the consolidated action entitled ,Darlene Bowe v. Drill .Tech Drilling& Shoring, INC., et al. (Superior Court of California, County of Contra Costa, Case Number CO 300394.) Plaintiff in the action seeks an unspecified amount of damages from BHA in the amended complaints. On January 24, 2001 and again on November 30, 2001 BHA entered into written agreements whereby Blackhawk Geologic Hazard Abatement District("GHAD")was to perform construction activities on the property of BHA, which is located within the boundaries of GRAD, in the open space property near Sequoia/Conifer Terrace, Danville California(Assessor's parcel No. 203-740-007). Plaintiff, an adjacent property owner, is apparently suing BHA, and other defendants, for damages that occurred to plaintiff's property as a result of the work performed by GHAD. 2. WHAT PARTICULAR ACT OR OMISSION ON THE PART OF COUNTY OR DIS'T'RICT OFFICERS SERVANTS OR EMPLOYEES CAUSED THE INJURY OR DAMAGE? (What are the names of county or district officers,servants, or employees causing the damage or injury?) At this time,BHA is unfamiliar with the specific agent(s), employee(s) or representative(s) of the GHAT?who caused BHA's injury or damage. However,BHA claims that certain acts or omissions by the GRAD, and its agents, employees and representatives, caused the injury or damage suffered by BHA. (Government Code section 820.) Had GRAD, its agents, employees and/or representatives fulfilled their duties with respect to the two contracts mentioned above BHA would not be a defendant in this lawsuit and would not be exposed to defense costs and potential liability. Accordingly, BHA's theories of liability against GHAD, its agents, employees, and/or representatives, include but are not limited to the following: a. Common law negligence. GHAD, its agents, employees and representatives had a duty, by virtue of the foreseeable damage to plaintiff s property, inherent in the nature of extensive earthwork operations, absent reasonable precautions, to use due care in the design,planning, development, and construction of repairs and installations performed under the contracts. 1 b. Statutory negligence under Civil Code section 1714. GHAD, its agents, employees and representatives had a duty to use due care in the design,planning, development, and construction of repairs and installations performed under the contracts. C. Public Nuisance under Civil Code sections 3479-3480. GHAD,its agents, employees and representatives had a duty not to obstruct the free use of property, so as to interfere with the comfortable enjoyment of life or property, either during the execution of its agreements or as a result of its work thereunder,and failed to do so. Said actions created a public nuisance, causing damage to BHA. d. Private Nuisance under Civil Code sections 3479, 3481. CHAD, its agents, employees and representatives had a duty not to obstruct the free use of property, so as to interfere with the comfortable enjoyment of life or property, either during the execution of its agreements or as a result of its work thereunder, and failed to do so. Said actions created a private nuisance, causing damage to BHA. e. Failure to provide lateral support under Civil Code section 832. CHAD, its agents, employees and representatives had a duty to prevent its work under the agreements from causing the loss of lateral support to adjacent properties and breached said duty. f: Declaratory relief under Code of Civil Procedure section 1060 because an actual controversy has arisen and exists between BHA and the CHAD, its agents, employees and representatives regarding GHAD's duties and obligations under the agreements. g. Express contractual indemnity under Civil Code section 2778. Both agreements signed include the following clause: 4.C. "Except as provided otherwise in subparts D and E of this section, CHAD shall defend, indemnify, save, and hold harmless OWNER from liability, claims, actions, causes of action or demands whatsoever for personal injury or death and property damage (as limited by subpart H of this section)occurring during the performance of the Work and caused by the sole, active negligence or willful misconduct of GHAD." h. Implied contractual indemnity. Under the two agreements mentioned above, CHAD, its agents, employees and representatives contracted to install subsurface monitoring devices and provide landslide repair work on BHA property. Among other things, GHAD, Its agents, employees and representatives did not meet their standard of care in completing the contracted work,breaching the agreements, as the installation and repairs were completed with numerous, serious defects. 2 i. Breach of contract. Both agreements signed include the following clause: 4. B. "The construction contract for installation of the devices shall contain language requiring the contractor to provide indemnification and liability insurance covering owner to the same extent as that provided CHAD. The contractor shall be required to provide an insurance certificate or endorsement naming OWNER* as additional insured. The insurance shall provide coverage for personal injury or death and property damage occurring during the installation of the Devices and caused by the negligence of the contractor or subcontractor." *OWNER was pre-defined as BHA. Although the indemnification and liability insurance policy purchased by GHAD's subcontractor, cross-defendant Siteworks Construction, INC., named CHAD as an Additional Insured, CHAD failed to require Siteworks to name BHA as an Additional Insured. j. GHAD is liable for the acts of its agents, employees and representatives as set forth in Government Code sections 820(x) and 825(a), et seq. 3. 'WHAT DAMAGE OR INJURIES DO YOI.T CLAIM RESULTED? (How was the amount claimed above computed? List the expenditures you made on account of this accident or injury.) The total amount of the claim is unknown at this time and depends on the amount of damages, if any, obtained by Plaintiffs in their complaint against BHA. BHA cannot estimate the amount of any prospective injury or damage at this time, but if liability is for some reason attached to BHA, the damages alleged by the Plaintiff. BHA is unable to compute the amount of the claim at this time, and is unable to estimate prospective damages at this time. BHA is unable to compute the expenditures made to date. 4. NAMES ANIS ADDRESSES OF WITNESSES, DOCTORS,AND HOSPITALS a. Contra County Counsel Silvano Marchesi and Victor J. Westman, and William R. Gray of GHAD, all who signed one or both contracts. Drill Tech Drilling and Shoring, Inc., Siteworks Construction, Inc., and Pacific Coast Steel who either performed the work at the Project or were suppliers to the Project. The County 3 should have in its possession the addresses and telephone numbers of each of the above individuals. b. Plaintiff Darlene Lowe. Represented by: Chipman Miles, Esq. Chipman Miles & Associates 1407 Oakland Blvd., Suite 107 Walnut Creek, CA 94596 Telephone: 925-938-4500 4 'ent, y: Blackhawk HOA; (925) 736-8386; Deo-15-03 6:1.9pM; Page 2 s i t f Recording roqucsted by- Blackhawk Geologic Hazard Abwemem Distriet When rccordod return to: Blackhawk Geologic Hawd Abatement Uistritit i C/O W1114M R.Gray&Co., Inc, General Manager 1920 Bonanza St.,Ste, 204 Walnut Creek,CA 94506 Assessor's Parcel No. 203-7060-021 .i .l LICENSE AGREEMENT FOR LANDSLIDE REPAIR THIS AGAFFMVNT is made and entered into this�day of N#"A- . '2001, y and between the Blackhawk Homeowner Association(referred to as"-0WNER,)and Huck lawk GEOLOGIC HAZA ABATEMENT DISTTZICI',a political subdivision of the State of Califiornea(referred to as"GRAD"j. WITNESSETH: GHAD was formed under Section 26500 and following of the Public Resources Code for t purpose of abating geologic ha7arrds in the Blackhawk arca. 6WNER owns cortain real property vAthin the boundaries of CHAD,in the open apace p "erty few Scquoia/Conifor T=acc,Danvilte.Calffomiay,(Asscswr's Pa=cl No. 203-740-007)sh wn in Exhibit A attached hereto(refe:ffW to as the"Property ),which.property is affected by a landslide, OWNER has requested that CHAD assha OWN0,by repairing the landslide on the Proped , and CHAD is wilting to perform the necessary ropok wont under the tarns and conditions o rihis Agreement, The purpose of this A g moment is to set forth the�rrangoment between the parties for the landslide repair work,as described in Exhibit B attached hereto(referred to as the"Work!). NOW,THEREFORE,the parties agree as follows: I 1. OWNER grants to CHAD, its Off':cera,,crnPl0Yc0s,agents,contrutors,and consul a an ireevocable liceAse to enter upon tart porrtion,ofthe Property described or shown in Exhibit C attached hcroto(r'ehrffe d to as the"Repair Area'")and to perform the Work Lit+caxs hrare:rrt-Scgirair�lCamiss l'reiect Page I of 8 Blackhawk ticT+esowr,ors Axnocint;» 01 'd 'x`280-*96 (Sic 6) IZ6HB XMU4400 t o do-0110 co t 0a(I gent' sy: BlackOawk HOA; (925) 736-8386; Dec-15-03 6:19PM; Page 3 ;i .i A the The pormissior)hurcby granted shall include without limitation:the right to ging labor,equipment,vehicles,axed supplies into the ke*r Area and to peo fc�ell op4cWierm necessmy or convcnicxn to ctotnplate and maintain the Work.irtcltrding th permanent installation,drilling,rued placem�t of such geptechniCul devices inclttdln ,but not limited to,tiebacks or metal rods extending into the soil and underneath the prop 1 The irrevocable licenses granted hereby shall commence.on tate effective dvU Of this Agreement. The irrevocable licenses pc tnitting the bringing of labor,oquipnunt, - vehicles and supplies into the Repair Area shall continue until December 31,2003,Or until the work is completed,whkhcvcr occurs first. The irrevodabte liccnl�af Permitting the permanent installation, drilling„placement and future rnaintcnMW4 of such { gootechnicatl dctvices including,but net timitod to.tiebacks of metal rods cXtending i to the soil and underneath the Property shall continue indefinitely for as long as said facilities remain installed and its place. GHAD Shall have the right to l emainate this AgrooMe nt upon 10 days notice to OWNER. 3. Should a future landslide occur on the property,whether such land3lide represents a Moccutrrnce of the landslide coves by this Agreement or constitutes a now landsli le, CHAD,in its sole discretion.may decide to repair such landslide,but shall not bcc required to do ser, Nothing in this Agreement shall be deemed to impose on CHAD obligate to repair futur-a tandslsdos on the property or clsewhert within the bound-- as of CHAD. 4. A. The releases and i ierit-by: es18cs4nawx HUH, r-dye '+ • a .j i D. OWNER Acknowledges that entry into the Repair Area carrics with it a cert in risk and aVfts to release,defend,iad+crteteifjr>saver,and hold harmless CIXA Contra Costa County,William R, 43my and Company, Inc.,Stmds Construr.1 on Company,Inc., wo their officers,agents.and employees From any tiaslbifity, claims, actions, causes of action or demands whatsoever,for death of,of to, , OWNER.members of OWNER`s f4miiy.or OWNEX's invitees whales prcscat in the Rzpair Arca during the petformawe of the Work,except far liability rest Ifing { from the sate,active nogligorrce or willful misconduct of GN,AD. E. GJJAD will jnitruct its contractor to take precusutio n s during the per#"o of the Work to try to avoid causing additional or new darn ago to tho ft*P arty ter tha improvomirrAs looted theteon(landwaping, fencing,,walls,spx nklers.p dios, :3 walkways,decks,pools,structures,residence, etc.). However,OWNER understands and agrees that CHAD shall not be held tesfrorasibic or liable fes adsmaage or inconveniazxo during the perfornaacc of the Work resulting trw obstruction of access,noise,dust, vibrations,fates,cracking,sattleftletlt, oxcavAion.or othorr inherent or incidental vOcct,of the Work or the instabil ty or other cowlition of the Property,and OWNER knowingly waives the right to nake any claim against CHAD,Contra Costa County,Wiltiane R,Gray atsd COUIP MY. ire.,Sands Construction Company,Inc.,and their officers,agents.or emplos s for such damage or incgnev=icncc,ane! fully and finally releases there from t same. F. OWN FIR understands and agrees that tyre is no guarantee that the repair of he hirt4lidc and tither auxiliary features will be adequate to prevtnt the landsli from m-occurring,or for prevent new or additional 4amage ftotn occurring to he Property or the improvements l6tatod thereon.Onoos the Werk has been completed and at"ptecl by CHAD,OWNER knowingly waives the right to ake any claim apinst GRAD. and their of`cen,agents.or employees for any d" goo, i injury,or death occurring or manifesting itself after such acceptance and tinsfrom,or in any wayconnected with,the Work.,and fully and finally rtlea"9"es an from tha same. J G. OWNER expressly waives all rights provided by Section 1542 of the C41ifon kib :? Civil Code,which provides as follows; A OENERAL REUAST I)OF-9 NOT E nND TO CLAIMS WIUCCH THE Ctfi DI TAR DOES NOT KNOW OR SuSPE T*(0 EXIST IN H1$t r VOX AT THE TIME OF E UTING THE REUME,WH"TV KNOWN BY B04 MVSlr MA'VE MATMAY.LY ATF ` D HIS SISTMEMWT Wl'Ttf THE DEBTOR. ! K For any dmnago to or destruction of any porflofr df the Proptrty or the irnprovernentc located thereon,OWNERS' sole ressaedy shall be limited to recovery of the reasonable,actual cost of rgWr,mplacere *nt,or dimiseution in value,whi+th*ver is less,and under no circumstance shall OWNER be entitled to recover crutscquonlial or spacial damages or fcrr Lica +e Ps gscarrscnt�-S gesofstt+Csr+ni�ftar a'rcjcct pssga of 8 UazOomwlk Ilonwowne x Asso<ioiioln l { 3 d '3ut3C3 *96 t Saw a CIHt19 �ss��yrtr��I�. Jot : To co r cad . _. Sent•By: Blackhawk HOA, {92b) 138-8389; Dec-1 b-U3 b:2UFM; I-age b k any damages based on emotional distress, toss,of txsc,revenue,profits,or � business opportunities. 8. This Agttement and cath wW all of the covcaants het+cin contained shall inure to tlx I benefit of and be binding upon the successors and assigns of the wspoc;tivo parties hereto. s 91. This Agreement shall be subject to modification or wnendment only by the written, minuet cont of troth patties, 10, A_ All notices under this Agreement shall he in writing. Notice shall be sufficit ally given for all purposes as follows: (1) Wbon delivered by first Class mail,postage prepaid.notice shall be deemed delivered throo(3)business days after deposit in the Unites! rates Mail. (2) When,mallcd by ccrtiricd mail with return receipt reque=sted,notice i cffective.on r"cipt if delivery i8 confirmed by a return receipt. (3) Whcn delivered by overnight+dtlivery by a nationally rrccognixsd ove might :? courier,notice shall be deamed delivered one(1)business day after deposit with that courier. (4) When delivered by telecopy or similar meatus, notice shall be dccmc dctivcrcd one(1 11 business day after The day it was transmitted by telecvpier or similar mcans,provided that a transmission mport is generated by rcflcctin$the agate trannnio-ion of the notices, (5) When personally delivered to the recipient,notice shall be deemed i delivered on the date personally dslivc W. $. 'file place for dclf very of all notices gives under this Agreement shall to as follows: 4WD¢. Slackhawk Homeowners Association 4125 Mack awk Plaza Circle,Suite 230 i Danville,CA 94306 i William R.C3ray&Co,Inc. 1820 Bonarex,a►Street.Suite 204 Walnut Creek,CA 04506 Facsimile®(925)!)47-3177 or to such other addressi=and facsimile numbers as any party may mpccdv4t ly desipatc by written notice to the others. ; f Ivie dtxe t► nrrsirnt-Scquola/Confer Project Paso of$ BlackhawkIC*ft*O% *rSAssociation i :j C t 'd 9280- VSG (gag) UUHU JOX : tt7 VO it 000 Sent•Bit: BlackhaWk HOA; (925) 736-8386; Dec-15-03 8.20PM; Page a i A J 11. This Ageemmt shall not be construed as if it had been prepared by one of the partip, ,brut rattler as if both parties have prepared it. The parties to this Agrrement arrd their tot,nsel have react.and reviawcd this A,grrearnent and agme tract any ruler ofco truction to the effect that ambiguities arc to be resolved against the drafting panty shall not apply to the. interpretation of this AgromenC 12, If any tern or provision of this Agreement shall,to any extent be held invalid or unenforceable,the remainder of this Agmement shall not be affwed. 11 The tomination ofthis Agreanont sWI not affect the provisions ofSactions 4,S, an 16 of this Agrercnt,which shall survive such termination- :". It is understood that this document c nt sins the entire agrooment betwcto the pantos hcrcto relating to the la►ndslidc repair work and the use of the Property and qtly other undmtan4ings or agreements,oral or written,of whatsoever nature concerning the matttrs contained herein are supameded.by this Agroment and hereby abrogated and WITNESS W1I.pC1p,the laarties hepgo have cxtcttG+ttt this Ligates„in dttgticate,the y and year first above written. Ulaekbawk Homeowners Associati0b W"duaw P.Gray and Company,Inc.. ("OWNERS-) Gencrral Manater,Ritsrkharwk Cto Hn=rd A.baterttgatt 1ilIstrkt HADT) OwAr Name BY President Approved as to form-, Sttvano Marchesi,County Counsel By Lac t Aga rsye+tss- SregxsaiaJCQnifar!'r sj, t Paye of$ 1 Blackhawk Homcawnus As ociation j i in •e! SZ80-loge (Sze) UUHD atOY t to cc t = 6t 3(1 'nrt- icy: BlackhaWk HGA; (925) 738-8388', DOC-15-03 8.21PMx Mage 11/18 . i ICmottlirtg rctftrestcci by. i#imlimoli I3laclChawk GeologicHazard Abatement UiStrict C f� CO kw&r Of ice i I , whezt recorded to: SSP" L. 1EIR, Clew, r Bleb khawik Gcologic Harard Abatement District D00�,,, 0#—63���2— 00 c/o William R. Czr»sy&Co., inc, may. OCT U. 2013 15.57:n General Manager MIS **.*a 1820 Ec naoxa St.,Sic. 204 Til Pd ' ►• l'�� Walnut Crock.CA 945% AsSs.Sor"s Parcel No.20.1-740-007 LICENSE AGREEMENT FOR INS'TA LLATION OF SUBSURFA'C:l MONITORING DEVICES THIS AGREEMENT is made and entered.into this 2 y744 day of � _._ .. , 2001. . y and between $l tckituwl: Homcownurs Association,00'crred to its–0" . ), azul th-c SLACt[IiAWK CxP.OLOGtC 14AJAKD A13ATEME'NT DISTRICT,;k p+otitkal subdivision if the State ofCali fornia(referred to ap."GHAD"). WITNESSETH: GHA0 was f'ornmi utWta,r Section 26500 arul rot iawiag of the Pubiic Remlurces Colla for the pu'se of abating geologic'hazards in the Black-hawk area. t,3VvNER*urns certain mal property within.the boundarics ot'GtlAD located in the vicia"ty a . 353 Sequoia Terr=, i1axtville,Catit"orn#a(As..wA%or`s Parcel No.203-740-007).shown,in Exhibit A :xtt tt'hvd 1wreto(rorCrrul to as tito"Proputy'"),oa which CHAD desires to instals i certain monitoring devices. GIIAD tf Sircs to instal!»read atui njuintrin monitoring da-vitas such as.but riot ncccssarily limited to,wells,piexortitietc:rs,hydro-avgws,,horizontal drains tents ine.Linornotors(more partieptarly doserihC4 ih Exhibit S.ttt.1chcti lwrclo)unch:r the:surfacc,of-said Property. OWN ER is willing to grant GHAC)=4;,u to the property tv enable, GHAD to install,read and niaintai slid deviecs. The pose of this Agreement is to set forth the arrangement between the parties for the ingtcall,tion,reading atroJ ma intcat3utwo Of'tile devices; uS dcscribcd in l: .nt,By:. Blackhawk HAAs (825) 738-8388, Dec-i5-03 8;21F'M, Page 12118 t 'i 318332 NOW,1°f•IFftEFORG, tlw patrks a gNe:as follows: I. QWNUR grafinte.to GRAD, its off eer3.ernploycos,ii&Ms.t,tantrActOM and cgnsult:trt Sac) Urcvocable license to eater upon and urtc.lt:r that portion of the Properly described or i shown in Exhibit C.thatched hereto(rotctrrcxi to as the"License Arca"')und to install, i rtuW,and nlaiin(am the Devices thercon and thereunder. The permisiivct hereby gran :,Mull include without limitation the right to brim labor,equipment, vehicls�,and sora lies '•7?I t i. .. Y .'. ' into the License Area and to perronll alt o1wrsctiuns occess;try or convenient to compt .te the Installation, reading, and maintenance of the Devices. 2. Tha irrevocable lice sc granted hereby&hall cr#mono ort the etToetivo elate Of this Agmcrnent and shall oontinue at all times for so tons as the Devices are in places on o under any penicin of the Property. Once ult the Dccvicm have Inert rc-txnoved entirely I rom the Property,the 1jectl3e granted herein wilt hccorne revocable at thu option ofcither party,which option artist be exercised In writing upon thirty days notice- 1 Notwithstanding the:irrevocable r atura of the lietno granted hereby or any inti rest cn`c:;aW hereunder, nit€hits in this Agrocment shall be deemed or construed tacr tc it t;sasctYtcnt, 4, A. -fhe relcatsos and sct forth in subpam 1). K.and p or thisV.CCti>0 are for the scale benefit cif GHAD and the other entities and wsor#s listed then in and are not intended to apply to the contractor,subcontractor arid the enginecr ng eortsultaant-s hired by CHAD, OWNCR shalt retard all resnedics that 0Wf V:R otherwis+c has as uutst the contractor, subcontractor and engineering consultant hired by 04AD. H. The cionstructioa contract flor illstailatinrt Of the devices shall contain langvagic rNuiring the contrnetor to pr ovida indcmniflcution and liability in suruncc covoring OWNP-P. to the saatne extent as that provided to GHAT+. The contras ur shall be required to provide an insurance certificate or mdorxcment-n3mial OWNER us additional insurod. The insurance skull provide cavcrugc Cor nut injury or death wid property damage occurring during the installation of the Devices and cau"d•by negfigcn4c of the Contractor or subccontractttrs. i C. Except as provided otherwise in subparts D and E ofthis section,GHAD shat defend.indarnni13.save.and hold harmlc.0 OWNER from liability for personi..1 injury or death and property dan utga(as tlmtted by subpart H of this section) occurring durlog the installation of the deviecas and causal by the sole, active nogligCncc or wiltrul rniscdnduct oi`(.MAD. 0. OWNER acknowlcttgcs that entry into the License Area eurrnc3.s with it a acetal t ri.%k aiW Mitt'."to rcicase,do(4nd, wid lank# ftanlifuss G14AD, Contra Costa County, William R, Gray and Company,Inc.,Sands Cvnstructio C*rnpttny,Mc., their officcm, age ntss.,and crnploycot from any liability for do#1 41 of', or ictitwy to,t3wNCf p-. of()WNIER's fanttily,or OWNEWS lttvite s i Licc»rcr h}ercYtn+rn�#tor,�rrt€t€t3�'�sin t.rwtal#rticsn ie snitY+N'1 w�Ytuu�a`!'erg 1e t-lti:�ckhstork f 10A t" '+t rc�. 0-i►` f3 t' 8t (lulls .ent -Dy: 6lackhawk HOA; (925) 738-8388; Dec-15-03 8:22PM; Page 13/18 .t while present its the License Arca during the insta.liatien or the Devices,excel t liar liability reRulting from tho soic, a0t(ve Ile ligence or willful misconduct of 011AD. . GHAD will instruct its contractor to take prccsttlions during the installation or the Mviccs to try to UYbid causing,da mage to the Property or to the improvements eats bated thereon(landscaping, fencing, walls, :) sprinkltsrs.patios.walkways,decks,pools,structures. residence. etc.). Etowever, OWNER undcrst:indi;and agrees that G11AD Shull not be held responsible or liabla5 for damage or inconvenience during the installation of the lovic xs resulting front Qbstructiun of acccs,4.noisc,dust. vibrationx and fumes and OWNER knowingly waives the right to rw ke any such claim against GHAD,Contm C'octa County. William R. Couy and Company, Inc,. S-3045.CottstAlction Company,talc.. Choir officcrs„[gent{. Or employees for such damage or inconveftionce,and fully and finally rtrllx,ses them from the s,7ltac. l=. For any ohmage to or destr'lictimi cif any portion of the Property or the improvcnrc;rlts located thereon Occurring daring the instullutiow oi`the Vcvie OWNER's sole ramcdy t;hatl be limited to recovery of the reasonable,actual cost of repair,to tacernent.or dirriinution in value,whichever is fess,and under n cirauntstance shall OWNCR he entitled to recover conseclueotiul or special damages or fbt a nv d=agc s based on emotional distress, Dass of usc,rcvcnuc. prorhs,,or business opportunities, 5. This Agreement and each and all of the covenartts herein contained•shall inure to the bencriit orand tm binding upon the successom and ass;gns of the res{twivc parties he ter. 6. This Agrement shall be subject to modification or amendment only by the written, mutual conswnt otboth parttrs. 7. A. All notices under this Agreenten:t Shall be in writing. Notice shall be suFftcicIn ly given rer all purposes as tgllvws: (1) When dclivere d by first class instil,postage rwapaid,ro itico shatfl be ticerned delivered three(3)husiness day,*after deposit in tho Unitod St itcs Mail_ :j (2) When mulled by certified email with return rcee4A requested.notice is effective on rat cipt,if delivwy is iWnfirmed by a mtum receipt. (3) When dcliverod by overnii ht 00livory by a nationally recogiziz;cd overnight courier,notice shall his dete med deliverod one(1)business di allcrJepposst with dull cottriar. (4) When dolivered(Sy teJccopy or sltnllar meuns, notice shall be deemed delivered rine(1)business day atter the:day it was tr:anstnitted by i, t.icaa.e�+pzrcnn'+it �A�ltt)tliiit t?t..rt►lnse�#lay;sari ,j YxOnily0')s} 110A .I t,'al 5280-*96 (ste) Win 4MO'ei40010 480- io CC M1 +64a ?nt,ey: Slackhawk HOA; (925) 738-8388; Dec-15-03 6:22PM; Page 14118 . i i tclecopicr or similar mcarM,prov(tietl that U tr utsntiS$ion tcpezart tat generated reflecting the accurate trAnsmission of the notic n i (5) Whan personally delivercd to the rccipict u�police shall bo deemed delivered on the date personally delivered. B. The:place, for delivery of all notiocs givc;n vele€this Agreement shall be as follows. QiJVN R.: 1313ckhawk Honwowner's Association 4125 Blaokhawk lala7a Circle l)unville,CA 94506 +C 14A0: Slackhuwkt Geologic Hward Abatement Dirtrict Wtlliunt K.Csray do Co., tnc. Genal Manager 1820 80nurtz;<Street. Suite:VA Walnut Crai*£A h4596 F:acaint Re--(925)047-3177 a or to such othct xd&4ssem and facsimile numbts as any party may respcctivei dtsignatC by written notice to the others. 8, This Agreement shall not be construed as if it had been prepared by one of the des but ruthcr as if both panics have prepared it. The:partics to this Agretmcni stmt!their colt 3wi have;mad and reviewed this Agreement ww agree that any rule of construction to the effect that anthiguities are to be raaolvad against the dnttling party shall alit apply to't ;ttttrpre t:ation elf this Agreement. 9, if any term or provixion of this Agreement shall,to any extent tee hold invalid or urt+ceiforceable, the rr+tnstinder of this Agreement ill not be af`fbcted. 10- The termination at'this Agreement shall flat o4Toct the provisions of Sections 3 setts} 4 C :i this Agreement, which shall survive such tertnination. l i, It Is understood that this docuinc:rst contains tine tantica agreernettt between the putties hereto rolating to the installation,leading,and Maintenance of ttto Devices and the US4 of Ib c property attei any other undctstw-,dinyl;,s or;Vccrncnts,oral or written,or whaasoev r nature conoerruns the matters contained herein are superseded by this Agrccrttent and we hereby abrogated and nullif ad E 1 i.«cnat.•AWoun,ent-Nori.r.+eAW nNi*1*411114t16" Vitistity at'?� .1!i e{u►tiu`rtYrtt�r+tl#.tc#hawk IK)A i i rg'G S3$C�-i►3trr f!���1 Qt'�lt'rl ltMt2e.t�t�itt� �C3C7= EM r) tt3;, o`'�tl Blackhawk HOA, (925) 738-8388; Exec-#5i-03 8:22PM; Page 15/18 :s .E N WITNESS WHEREOF,the panks hicrcto heva executed this License,in dupliatitc,tho du ir and year first above written. BLACKHAWKHOMEOWNEP.S BLACKHAWK GEOLOGIC HAZA11 D ; ASSOCIATION ASA`t EMEN` DISTRICT("GIHAV ("OWNER") Ey William R. Gray&Co.,Inc.,Gene Manubcr ' Y . l title;;,..+a��x°�,�r��xvt !`ry.►-,�rw�.tx7_/�4�"''1'��'/Z ��� ' by willism R.Gray,Prftident ' J '' Approved as to form: by;, , r . ,CoUtIty COU M it ; i I�0(J4FEyt _ i 'f .t j 5 { f .3 I 1.44"r4 A$kve+l*&wt.I i trwoftlof Dram tnsftklmt++m vicituiy(W,15.1 It0A 5 � �d ?B#��Yr36 f 3c 6 3 L3E3HrJ �At�yycre t g +olf3Cl: Y K! :t1 "i Cs ; �'Lt