HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-599 rr
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 30, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/599,
SUBJECT: Approve the Drainage Improvement Agreement DA 03-00029 (cross-reference
Subdivision 99-08306), being developed by Shapell Industries of Northern
California, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon
(Dougherty Valley) area. (District III)
The following document was presented for Board approval this date for Drainage Improvement
Agreement DA 03-00029 (cross--reference Subdivision 99-08306), property located in the San
Ramon(Dougherty Valley) area, Supervisorial District III.
A drainage improvement agreement with Shapell Industries of Northern California, a
Division of Shapell Industries, Inc., a Delaware Corp., principal, whereby said principal agrees to
complete all improvements, as required in said drainage improvement agreement, within one year
from the date of said agreement. Improvements generally consist of drainage improvements.
Said document was accompanied by security to guarantee the completion of drainage
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action taken
and entered on the minutes of the Board of Supervisors on the date
shown.
originator:Public Works(ES)
Contact Teri Rx(313-2363)
JY:rATTESTED: NOVEMBER 30, 2004
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G:\GrpllatalEngSvc18012004111-30-04'0A 03-00029 Bo-20Aoc
cc: Pubic Works- T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County
T--September 30,2005 Administrator
Shapell Industries of Northern California
Attn:S.Worden,S.Savage
100 N.Milpitas Blvd.
Milpitas,CA 95035
National Fire Insurance Company of Hartford �
Atex:P.stocks By Deputy
5820 Canoga Ave.,Suite 200 IV
Woodland Hills,CA 91367
RESOLUTION NO.2004/. 599
s
SUBJECT: Approve the Drainage Improvement Agreement DA 03-00029 (cross-reference
Subdivision 99-08306), being developed by Shapell Industries of Northern
California., a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon
(Dougherty Valley) area. (District 111)
DATE: November 30, 2004
PAGE: 2
a
1. Cash Bond
Performance Amount: $4,300.00
Auditor's Deposit Permit No. DP43251 I Date: October 7, 2004
Submitted by: Shapell Industries of Northern California
Taxpayer identification number: 95-2578030
H. Surety Band
Band Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929299765 September 29, 2004
Performance Amount: $424,300.00
Labor&Materials Amount: $214,300.00
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc., a Delaware Corporation
NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/599
�{ DRAINAGE IMPROVEMENT AGREEMENT
o -ref ert a SUB 3 6 E#�`ec#lye Date:
5YM
Subdivision: UA 9 ern California
Developer- a division of Shapell Industries Completion Period- T year
I3C. a delaware corp.
TF#ESE SIGNATURES ATTEST TO THE PARTIES'AGREEN[ENT MRETO:
CONTRA COSTA Ct7UNTY DEVELOPER
Maurice M.Shiu,Public Works Director
By: AA Pii4�A4. 1 N! AN/m I/
tPrhu N me ata Title}
RECOMMENDEDFO F'ROVAL 1 jC} • ��i�t?tel. J
By: (sigae}
Engineering e Divisio (Print Na e em Tide, yam,�#� t o
FORM,APPROVED: Victor J.West an,County Counsel
(NO'T'E: All signatures to be acknowledged.If Developer is incorporated,signatures mast.
conform with tha desigainted representative groups pursuant to Corporations CodeS313.)
I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup ,"and the above-named
Developer,mutually promise and agree as follows concerning this acceptance:
2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant
equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and
in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof it a
good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County
Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
3. IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall.provide as security to the County:
A. For Perfonnmce and Guarantee: $ 4,300.00 cash,plus additional security,in the amount of s 2 4 ,3 0 0 .0 0
together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of-
Cash,
fCash,certified check,or cashier's check.
Y � Acceptable corporate surety band.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion
and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 214 300.4(1 -,which is fifty percent(50%)of the estimated cost ofthe work.
Such security is presented in the forth of-
Cash,
fCash,certified check,or cashier's check
wAcceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing
labor or materials to them or to the Developer.Upon acceptance of work as complete by the Board of Supervisors and upon request of the Developer,
the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
t
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects irymaterial or workmanship and
shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article
96-4.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
5. IMPROVEMENT PLAN WARRAN N. Developer warrants the improvement plans for the work are adequate to accomplish the work as
promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the
work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever
changes are necessary to accomplish the work as promised.
6. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent
or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any
part of said work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Developer ofhis obligation to fulfill
this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any
of the termsrand conditions hereof.
7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County and its special district,elective and appointive boards,
commissions,officers,agents and employees.
B. The liab'ities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of
actions defined below;and iriciudirtg'personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of
whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as
complete,and including the defense of any suit(s),action(s)or other proceeding(s)concerning said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them.
D. Non-Conditions: The promise.and agreement in this,section are not conditioned or dependent on whether or not any indemnity has
prepared,supplied,or reviewed any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification
covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity.
S. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
9. NON-PERFORMANCE AND COSTS. If Developer fails to complete the work within the time specified in this Agreement,and subsequent
extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise;and Developer agrees to
pay all costs and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately
upon demand.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer
subsequently proceeds to complete the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing-or maintaining the work,Developer
agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even,ifDeveloper subsequently proceeds
to complete the work.
10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign
to that city the County's rights under this Agreement and/or any deposit,bond or letterof credit securing said rights.
RL:kw
\TWS41SHARDATA\orpData\EngSvc\Fombs\AG WORMAG-17.doc
Rev.April 6,2000
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
\_l
County of ss
On 12-op 4 before me, r0l VI V,5 CYI
Date Name an Fide of Officer(e.g. "J Doe,Notary Public")
personally appeared
Name(s)of Signer(s)
❑personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
° and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(les),and that by
SARON SAVOY his/her/their signature(s)on the instrument the person(s),
Commission#1445141 or the entity upon behalf of which the person(s) acted,
w Notary Public-Catttorntd
�'�.. Santa Clara County executed the instrument.
try Comm.Expires Oct{3.2taA7
WITNESS my hand and official seal.
un
ign a of Notary Public
OPTIONAL
Though the information below is not required by taw,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
r.
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner®❑ Limited ❑ General
❑ Attorney-in-Pact ❑ Attorney-in-Pact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator -
❑ Other: TOP of thumb here ❑ Other: Top of thumb here
( x
Signer Is Representing: Signer Is Representing:
i
C 1995 National Notary Association-8236 Hemmet Ave.,P.O.Box 7%84•Canoga Park,CA 91349.7184 Prod.No.5907 Reorder:Cab Toll-Free 1.500.876-6627
CLVjNj y ur t_Ur4 IIA WWA
} DEPOSIT PERMIT
OFFICE OF COUNTY AUDITORCONTROLLER 1
MARTINEZ,CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
ORGANIZA
(Fcrr Cash C44eKtian Procedures we C jnty AdminrsbaW s Bulletin 108.)
DESCRIPTK)N FUN DX*C- Sulk TASK ACTMTY AMOUNT
ACCT.
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EMANATION:
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Dvit ootrsists of the folowing item
�' (PNIM arra CtJRItI Yg,
f (PiECKS,M.0.ETC. $L S-"7 ` • '
SAJW DEPOSMS
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERW dQ
NN1INBER
DATE 43251.1 OFZ 7
ASSIGNED
The amount of money described above is for Treasurer's rec ipt of above amount is approved. Receipt of above arnount is hereby
deposit into the County .Tneasvey. acknrrMrkciged
Signed.-; d t; ; h! '(. to
Ti E 4 l EXT. '�?L 5rgrred. duty C itor Ctxmty
6
)-34 REV(7-93) r l
0682-9752 / 819200: G1158907, $1,500.00, Parker Ave Underground, APN
357-041-001, James F. Taylor, 700 Parker Ave., Rodeo, CA 94572
819800-0800: 61158904, $7,800.00, RA 1162, Performance Cash Bond,
Contra Costa RE Investors LLC, 4155 Blackhawk Plaza Cir, Suite 201,
Danville, CA 94506
$ -9800 -$4, 300.00, DA 0029, Performance Cash Bond,
1 -0800- G11589031
Shapell Industries of Northern Calif., 100 N. Milpitas Blvd., Milpitas, CA
95035
0649-9665 / 831000: G1139995, $1,400.00}, FS 0400019-6183PV, Fee for
Service, Heict, 7150 Camino Tassajara, Pleasanton, CA 94588
0649-9665 / 831000: 61140000, $3,680.00, RA1162, Landscape Plan Check,
Contra Costa RE Investors LLC, 4155 Blackhawk Plaza Cir, Suite 201,
Danville, CA 94506
0649-9665 / 831000: 61158903, 5hapell Industries of Northern Calif., 100
N. Milpitas Blvd., Milpitas, CA 95035
$22,800.00, DA 0029, Inspection Fee
$2,951 .76, DA 0029, Plan Check
0685-9752 / 819500-- 01140795, $2,465.00,Traff ic Bay Point, First
American Title, 1355 Willow Way, Ste 100, Concord, CA 94520
0685-9752 / 819500: G1140798, $2,465.0 Traffic Bay Point, First
American Title, 1355 Willow Way, Ste 100, Concord, CA 94520
0685-9752 / 819500: 61140799, $2,465.00,Traff ic Bay Point, First
American Title, 1355 Willow Way, Ste 100, Concord, CA 94520
0685-9752 / 819500: 01140800, $2,465.00,Traffic Bay Point, First
American Title, 1355 Willow Way, Ste 100, Concord, CA 94520
828500-0800: G1140795, $1,446.00, ECC Fee, First American Title, 1355
Willow Way, Ste 100, Concord, CA 94520
COUNTY " CONTRA COSTA - CENER, RECEIPT.THIS COPY IS (� C p (�
DEPT:
" 'r dm NOT A RECEIPT l� ��J{3 U
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DOLLARS$
FOR � ��i� �' !'`.✓',�/i+� G,d;;,'�fl' f?' �l� i.�ulr''� `+��� �`.::' ;� w..._.
FCHECK
ACCT. .
BAL.
RECEIVED FROM
AMT.PAID/� / BAL.
a Jt r {'ire .eI4l . ORDER DUE
(D57 REV.7189)
Development No: DA-0029, Gale 1t,nch III
Bond: 929 293 765
Prezxd- m. $3,182.00
IMPROVEMENT SECURITY BOND
FOR DRAINAGE IMPROVEMENT AGREEMENT
(faithful performance&maintenance, AND labor and materials)
Shapell Industries of Northern. California, A Division of Shapell
1. OBLIGATION: Industries Inc. a Delaware Corporation (Principal), as
Principal,and l �t.. n „rar, tires,,, y of I rtford _ (Sur
a corporation organized and existing under the laws of the State of c
and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally
bind ourselves,our heirs,executers, administrators, successors and assigns to the County of Contra Costa,
California to pay it;
Four Hundred Twenty Four Thousand
A. Faithful Performance, & Maintenance: `Three hundred No/100***
($ 424.300.00*** )for itself or any city-assignee under the below-cited Drainage
Improvement Agreement,plus
Tvn Hundred Fourteen. `l"lxousand Three
B. Labor&Materials: Hundred N01100***'
($214,300.00*** for the benefit of persons protected under Title 15 §et seq.of
the California Civil Code.
2. RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and
other improvements in DA-0029, Gale Ranch III , as specified in the Drainage
Improvements Agreement, and to complete said work within the time specified in the Drainage
Improvement Agreement for completion,all in accordance with State and local laws and rulings thereunder
in order to satisfy the conditions of approval for DA-0029 le lunch III ,
06
3. CONDITION: If the principal faithfully performs all things requ' d according to the terms and conditions
of said contract and improvement plan and improvements agreed on by the principal and the County,then
this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of
maintenance continues for the one-year period; and if principal fully pays the contractors, subcontractors,
and persons renting equipment or furnishing labor or materials to them for said work and improvement,and
protects the premises from claims of such liens,then this obligation as to Section 1-(B)above shall become
null and void; otherwise this obligation remains in full force and effect.
No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the
county shall relieve any surety from liability on this bond; and consent is hereby given to snake such
alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of
California Civil Cade § 2819,and holds itself bound without regard to and independently of any action
against Principal whenever taken, and agrees that if County sues on this bond,_Surety will spay reasonable
attorney fees fixed by court to be taxed as costs and included in the judgement. ,i
s
3. CONDITION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs, executors, administrators, successors or assigns, shall in all things stand
to and abide by,and well and truly keep and perform the covenants,conditions and provisions in the
said agreement and any alteration thereof made as therein provided, on is or its part,to be kept and
performed at the time and in the manner therein specified,and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors,laborers,material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials fished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation.,to be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by
the Principal and the County shall relieve any Surety from liability on this bond; and consent is
hereby given to make such alteration without further notice to or consent by Surety;and the Surety
hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without
regard to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on September 29, 2004
do series o Northern Ca a orn a a Division
I'RIN+CI L of 6#j)ij1
Ind ri s , � SURE'"', onal. 1 r zzrrance C artrorporati By By
Address 100 1d. M .I. etas Blvd.
�_���3,� -__-____ Address 5820 Canoga avenue IJ200
By B } P1 a ' Woodland lli.l1s, CA 91367
:ADW
G:\GT. Data\E.4SvcTorms1BN WOMBN-10.doc
Rev.September 13,2000
POWER OF ATTORNEY APPOINTING INDIVIDUAL. ATTORNEY-IN-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE
INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,
PENNSYLVANIA, a Pennsylvania corporation(herein collectively called"the CCC Surety Companies*),are duly organized and existing
corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals
herein affixed hereby make,constitute and appoint
Pamela L.Stocks Beverly A.Hall,Sandra V.Hanner,Individually,
of Sherman Oaks California
their true and lawful Attorney(s)An-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bonds,undertakings and other obligatory instruments of similar nature
=In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse
hereof,duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 7th day of January 2000
CONTINENTAL CASUALTY COMPANY
I*S* 441�
pMrce NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
00W„ toAMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
My 31,
SEAL Nx
tti I f+ l
#897
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,ss:
On this 7th day of -- January 2000 ,before me personally came
Marvin J.Cashion,to me known,who,being by me duty sworn,did depose and say:that he resides in the City of Chicago, State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument,that he
knows the seals of said corporations,that the seals affixed to the said instrument are such corporate seals,that they were so affixed
pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,
and acknowledges same to be the act and deed of said corporations.
# *OFFICIAL SEAV
# DIANE FAUL MER
fiewy Khoo.am"of go"s vajj'-��
• M�+Cowagaska Expk"91170 i
My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forthis still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force.In testimony whereof I have hereunto subscribed my name and affixed the seals of the
said corporations this 29th _day of S Ptenber -_ 2004
CONTINENTAL CASUALTY COMPANY
2cl�' t�Y Y3i53t+4*;5;pea,
tQr NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
� ` ` ►utr xi. �'
SEAL � '"I * d�
Mary A. Ribikawskis Assistant Secretary
(Rev.10f1t97)
Authorizing By .Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article IX—Execution of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or
Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the
execution of policies of insurance, bonds,undertakings and other obligatory instruments of like.nature. Such attomeys-in-Fact,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the
President or any Executive,Senior or Group Vice President or the Board of Directors, may, at any time,revoke all power and authority
previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directots of the Company at a meeting duly called and held on the 17th day of February, 9853.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article iX of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is
attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article VF—Execution of Obligations and Appointment of Attorney-In-Fact
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the
execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice
President may at any time revoke all power and authority previously given to any attorney-in-fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is
attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
9553 by the Board of Directors of the Company.
"RESOLVED:That the President, an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from
time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,
bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their
respective cert�cates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument
and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or
the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 9993.
"RESOLVED:That the signature of the President, an Executive Vice President or any Senioror Croup Vice President and the seal
of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of
Directors on February 17, 9993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be
affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be
valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall
with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation."
a
Stets of California
County of Los Ancieles
On September 29,2004 before me, Sandy Hanner- Notau Pu lit;
Crate NAME, TITLE OF OFFICER., "JANE DOE. NOTARY PUBLIC"
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
( } personally known to me - OR - (—) proved to me on the basis of satisfactory evidence to be
they person(a) whose name(4 islAfwubscribed to the within instrument and acknowledged to me that
kWshe/SM executed the same in hir/her/tot authorized capacity(, and that by Wherltw
signatureo) on the instrument the person(&), or the entity upon behalf of which the person(30 acted,
executed the instrument.
.rr.a.. -�.� WITNES y hand and slat seal.
SHANNER
Commissiission#5362.157- __ �..
-.0 Notary Public-Caiifomia � StGNA RE C)F NOTARY
Los Angel6s County
Comrn.Expires Jul 2',2006 OPTIONAL
Though the data below is not required by taw, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
(_ } INDIVIDUAL
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
(�) GENERAL
NUMBER OF PAGES
( ) ATTORNEY IN-FACT
( } TRUSTEE(S)
GUARDIANXONSERVATOR
(� } OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Carncdny
of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
G-147426-H
t
NOTICE
In accordance with the Terrorism Risk. Insurance Act of 2002, we are providing this
disclosure notice for bands and certain insurance policies on which one or more of the
Writing Companies identified below is the surety or insurer.
To principals or bonds and insureds on certain insurance policies written by any one
or more of the following companies (collectively the "Writing Companies") as surety
oxo insurer: Western Surety Company, Universal Surety of America, Surety Bonding
Company of America, Continental Casualty Company, National Fire Insurance
Company of Dartford,American Casualty Company of Reading, PA, The Firemen`,
Insurance Company of Newark, NJ, and The Continental Insurance Company.
D15C.L OSUP-E OF PRETAU
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
,DISCLOSURE O FEDERAL ARTICI A'T`I N IN P YMENT F TERR .RI
LQSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible,
Form F7310
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of QA
County of clwra
On D- ' . 4 before me,
Date {same and Title of Officer(e.g.,"a a Doe,Notary Public")
personally appeared Ve-V'8 C6-x 'r'- Y-�- A�>, M G-)n
Nama(s)of Signer(s)
❑personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)is/are subscribed to the within instrument
' and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies),and that by
his/her/their signature(s)on the instrument the person(s),
SMA KINsravor or the entity upon behalf of which the person(s) acted,
COMmiulon#14 5141 executed the instrument.
"d►' Notary PubIIC.CaUfOM10
Santa Clara county
WITNESS my hand and official seal.
My Comm.des Oct 13,2007
l
Signature of No ry Public
i
OPTIONAL
` Though the information below is not required by taw,it may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
i
Description of Attached Document
Title or Type of Document: rai rt a <c- 1)YY\1"ro y » t
"�r 14`#x+ D&
Document Date: _ Number of Pages:
Signers)tither Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
r
El Individual C1 Individual
Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner —❑ Limited ❑General ❑ Partner w--❑ Limited Cl General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee _ ❑ Trustee
❑ Guardian or Conservator «- ❑ Guardian or Conservator
❑ Other: Tap of thumb here ❑ Other: Top of thumb here
t '
Signer Is Representing: Signer Is Representing: Y
C%1095 Nationei Notary Assaclairon-9236 RemrnetAve.,PO,Box 7184-Canoga Park,CA 91309.7184 Prod.No,5907 Reorder:Cal?Toil-Free 1.800.876-6827
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS :DIRECTOR
DATE: November 30, 2004
SUBJECT: Approving the Drainage Improvement Agreement, DA 03-00029.
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS):
ADOPT Resolution No, 20041 599 for DA 03-00029 (cross-reference Subdivision 99-08306), approving the
Drainage Improvement Agreement, being developed by Shapell Industries of Northern California, San Ramon
(Dougherty Valley)area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
DA 03-00029 has been reviewed and processed by Public Works staff and meets all applicable conditions of
approval.
CONSEQUENCES OF NEGATIVE ACTION:
The Drainage Improvement Agreement will not be approved and drainage improvements will not be completed.
Continued on Attachment: SIGtVATURE. i
ECOM YIENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
:; APPROVE OTHER
SIGNATURES
ACTION OF BO ON NOV=FMFg 30 2M4 APPROVED AS RECOMMENDED XX OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VOTE OF SUPERVISORSminutes of the Board of Supervisors on the_ date shown.
UNANIMOUS{ABSENT NONE }
AYES. NOES:
ABSENT: ABSTAIN:
ATTESTED: HOVER 30, 2004
G:1Grt+DatalFngSvc\B012004\i 1-30-04ILJA 03-00029 Oxder.doc JOHN SWEETEN, Clerk of the Board of
Cont Contact:
Pssblic e(313 2363 Supervisors and Count Administrator..
Contact: Teri Rie{3l3.23fi3) p Y
cc: Pubic Works- T.Bell,Construction
T—September 30,2004
Shapell lndestrieS of NoAhetn Califomia
Atter S.Worden,S-Savage
it rtas fills 9 35 B , Deputy
Milpitas,CA 95035 B y
National Eire Insurance Company of 34artford
Alta:P.Stoeks
5820 Canoga Ave.,Suise 200
Woodland MIN,CA 91367