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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-602 TRE 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 t ABSTAIN: NONE RESOLUTION NO. 2004/602 SUBJEFT: Approve the Drainage Improvement Agreement for Storm 77"7 Outfall 77 04- 00040 (cross-reference Subdivision 5510), being developed by tWindemere BLC Land Company,L.L.C., San Ramon(Dougherty Valley) area. (District III} The following document was presented for Board approval this date for Storm Drain Outfall DA 04-00040 {cross-reference Subdivision 5510),property located in the San Ramon (Dougherty Valley)area, Supervisorial:District III, A drainage improvement agreement with Windemere BLC Land.Company,L.L.C.,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 Originator:Public Works(ES) shown. Contact: Teti Ric(313-23£3) JY:-,m �7 �7�+�,� G:\QpDdta7,ngSvc\BD'w"004\11-30-041DA 04.00040 BO.20.doc ATTESTED: NOY.C:,MBIE �-30, 2004 cc: Pubic Works- T.Bell,Construction t� J,Ysmae# Eng veering services T—September 30,2005 JOAN SWEETEN,Clerk of the Board of Supervisors and County Windermere BLC Land Company,L.L.C. Administrator Brian Olin 3130 Crow Canyon Place,4310 San Rantan,CA 94583 The Continental Insurance Company .rd� P.o.Bax 9L 640 327 By ,Deputy Maitland,FL 32794-6640 Attn: Patricia R Brebner RESOLUTION NO.2004/602 SUBJECT: Approve the Drainage Improvement Agreement for Storm Drain Outfall DA 04- 00040 (cross-reference Subdivision 8510), being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District IH) DATE: November 30, 2004 PAGE: 2 I. Cash Bond Performance Amount: $2,030.00 Auditor's Deposit Permit No. 431272 Date: September 15, 2004 Submitted by: Windemere BLC Land Company, L.L.C. Taxpayer identification number: 94-329-15-16 H. Surety Bond Bond Company: The Continental Insurance Company Bond Number and Date: 929 341268 Date: September 7,2004 Performance Amount: $200,970.00 Labor&Materials Amount: $101,500.00 Principal: Windemere BLC Land Company, L.L.C. 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. 2004/602 } _ 4 • 2MD9AGE RM2R(3M, ENT AGREEMENT Subdivision: DA 0040 lCross-Reference SUE M Effective Date: �f Developer: Windemere BLC Land Company L.L.C. Completion Period: 1 year WINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST"TO THE PARTIES`AGREEMENT HERETO: a California limited liability Company By:LEN-GBS Windemere,LLC A Delaware limited liability company CON COSTA CQ{—N,1 L7EVELt7T'ER Managing Member Maurice M.Shiu,Public Works Director By:Lennar Homes of California,Inc„ Managing Member L14 1AU BY {signature} _ RREQOMMEND?E E APPRCtVAi (print name&ti e) Eton Larson,Vice President By: (signature) Engineering ice ivision (print name&41e) arleen Carpenter, st.Secretary FORM MPR.OVED: Victor J.Westman,County Counsel t'NOT'E: All signau=%to be wksmwledged.if Developer is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code3313.) 1. PARTIES_&3JATE.Effective on'the above date,the County of Contra Costa,California,hereinafter called"County," and the above-named Deveooper,mutually promise and agree as follows concerning this acceptance: 2. PROVEt0jjS.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 Cade(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good 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. OVEME'NT SECLTIZI'TY.Upon executing this Agreement,the Developer shall provide as security to the County: A. dor Perfprmfflce and Gu4mntec: $ 030.00 cash,plus additional security,in the amount of S 200 9'70.00 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. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Pavrrren#: Security in the amount of$ 101 500.00 which is fifty percent(50%)of the estimated cosi of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment orfurnishing laboror materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount of the sccufities may be reduced in accordance with 594.4.406 and 594-4,408 of the{ordinance Code. s 4. GUARANTEE AND WARRANTY OF WORK, Developer guarantees that said work shall be free from defects in material 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,"ofthe Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. S. RAPROVEMENT PLAN WARRANTY. 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 ofApproval for the development. If,at anytime before the Board of Supervisors accepts the work as completeor 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 QQ 1Y. 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 of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. INDEMNITY. Developer shall defend,hold harn less 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 liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred orthreatened because ofactions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless ofwhether or notsuch 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 bythisAgreement 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. 8. COS S. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NC}N-F'ERFC3-'CE AND CCsSTS. If Developer fails to complete the work within the time specked 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 attomey's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 1Q. ASSIGNMENT. If,before the Board of Supervisors accepts die 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 letter of credit securing said rights. RL:kw \\P6t'S4NSHARDATA\Grpt'"7.ata\Eng5vc\rocrrss\AG WOR.D\AG-1 Tdoe Riw.April 5,20M s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County ofji.�1 K 8 ,7 r "fix�1 On QC04 before me. Date Name and Title of Officer(e...g.,, Jane Doe,Notary Public') personally appeared ti e ��Ac-�'• -tr.( f A,�. ' f't� Name(s)of signer(s) (personally known to me 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 KAREN L. KEENAN Commission# 1378827 acknowledged to me that hf tthey executed Notary Public - California the same in hiq+fer/their authorized Z ,y 5`hrR1 Contra Costa Ctcapacity(ies), and that by hir/their f •� ouny i Ay Lamm.Expires C7ct 7,2C�t signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r WITNF,S my hand a offi i 'seal. r- (,.,�.. signature of N ary Public ------ OP TIONA L --•OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: W090%1kkA C1 Individual ' Top of thumb here # ❑ Corporate Officer—Title(s): ❑ Partner--a❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator r`. Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Solo Ave..P.O.Box 2402•Chaawcrh.CA 91813-2402-www.natioralnotwycrg Prod.No.5907 Reorder:Cali 7eli-Free s-100-878.8827 COUNTY OF CONTRA COSTk... DEPOSIT PERMIT OFF'ICE.OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTI mz,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (Far Cash Collection Procedures see County Administstxtar's Bulletin 105.). DESCRIPTION FUND/OItG ACCTTASK OPTION ACTIVITY AMOUNT tar i { 4 / f. r r_✓� i _ i r + t E F i 41 t 11 ; 1 C 1 t L k i 1 .1 t ! S t i - } t i EXPLANATION: ,^ t TOTAL S t { _ , Deposit consists of the followhV itefm Vo- i. ( -�. �`�'`./_,.: ' V6, COIN and CURRENCYs�- },} [NECKS,Ma ETC. BANK DEPOSITS � FOR AUDITOR-CONTROLLER USE ONLY "DEPOSIT PERMIT lP NUMBER DATE ASSIGNED - The amount of mot-tey described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. ILLSigne r _. Signed. r,� ..• KAEd: - - Title: / # EXT ' { G.. Deputy County Audito,.r` Deputy County Treasurer -34 REV; 7-93} 0649-9665 1 831000: 61139831, $32.741.00, RA 1155, Road Acceptance Inspection, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: 61139838, $12,635.00, DG0040, Drainage Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon Pl, #310, San Ramon, CA 94583 0649-9665 / 831000: G1139840, $29,870.00, DG0012, Drainage Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon Pl, #310, San Ramon, CA 94583 0649-9665 / 831000: G1139842, $28,980.00, DG0033andscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon Pl, #310..,. San Ramon, CA 94583 0649--9665 / 831000: 61139843, $119,150.00, Sub 8776, Major Sub Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon Pl, #310, San Ramon, CA 94583 0649-9665 / 831000: G1139849, $12,440.00, DG 0032, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon Pl, #310, San Ramon, CA 94583 r 0649-9665 / 831000: 61139850, $7,00.00, DG 0032, Additional Drainage Improvement Imspection Deposit, , Windemere BLC Land Company LLC, 3130 Crow Canyon Pl, #310, San Ramon, CA 94583 0649-9665 / 831000: 61139835, $5,000.04, FCP 626-04, Cash Deposit For Flood Control Permit, Western Pacific blousing, K-B Home-- Southbay Pacific Communities, 1210 Central Blvd., Brentwood, CA 94513 819800-0800: 61139836, $20,000.00, FCP 626-04,Western Pacific Housing, D. R. Horton, 1210 Central Blvd., Brentwood, CA 9451.3 8198010-0803: 61139837, x..;$2.030.44, DG 0040, Performance Cash Bond, Windemere BLC Land Company LLC, 3130 Crow Canyon Pl, #310, San Ramon, CA 94583 c R Development No: DA 0040 fCross-Ref SUB 8510) Bond: 929 341 268 Premium: $1,005.00 Executed in Duplicate EWRUVEN 'NT SECMUTY BUND FOR DRAINAGE RaROM ENTT AGREEMENT (faithful performance& maintenance, .AND labor and materials) I. ORLIGAB C LAnd fom2M.LI C ,as spat,and The Continental Insurance C2mpa4y a corporation organized and existing under the laws of the State of New xam�shire and organized and existing under the laws of-the State of California,as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the Caunry of Contra Costa, California to pay it; A ]Faithful Performance, & Maintenance: Two Hundred T o Nie e Seven and 001100 Dollars (S _,...200,97004. .3 for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. Tabor& Materials: Qne Rgndmd Cine ThaousandFive H ndred d 001100 Dol4ars (S I0 St1Q 00 1 for the benefit cif persons protected under Title 15 §et seg,. of the California Civil Cade, 2, RE!QTAL 0FCONTRA.CT: The principal contracted with the County to install and pay for drainage and other improvements in MM8510L DA00405M8510 as specified in the Drainage Improvements Agreement,and to complete said wort:within the time specif ed 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 SIM 8510 W"nd er Phase'V `CUND TION: If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County,then this obligation as to ,Section 1-(A)above shall become null and void, except that the guarantee of maintenance continues for the one-year period, and if principal fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them fbr 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 obhgauion remains in full force and effect. NIo alteration of said contract or any plants or specifications of said work agreed to by the Principal and the county shall relieve any surety from liability on this bund; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of California Civil Code § 2819, and holds itself bound without regard to and independently of any action agaixzst Principal whenever taken, and agrees that if County sues ons bond, Surety will pay reasonable anomey fees fixed by court to be taxed as costs and included in the judgement. 3. CoNprrl©N• r► 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 E null and void; otherwise it shall be and remain in full force and effect. As pan 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 outer persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this brand, 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 cotta, 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 3)082)of Part 4 of Division 3 of the Civil Cade, 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 pro\,isions 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 Se tember 7 2004 ` PRINCIPAL Windemere BLC Land Company, LLC STJRETY he Continental assurance By See attached signature page13Y Patricia H. Brebner, Attorney-in- "act Address Address.P-0- Pox 946640,Maitland, FL 32794-6644 M.- G.u:, i7xu'�Ea�S�.c�cursu�$N J�CRD�3N-Sc�ax s WINDEMERE ILC LAND COMPANY,LLC,a California limited liability company By: LEN-OBS WINDEMER.E,LLC,a Delaware limited liability company,its Managing Member By: LENNAR HOMES OF CALIFORNIA,INC,a California Corporation,its Managing Member By: ' David Evans, Vice President ` CALIFORNIA AL -.40WLEDGMENT No.M7 State of —California On September 7 2004 before me, Ashley K.Ward,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner NAME(S)OF SIGNER(S) personally known to me-OR- 0 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 ASHLEY K.WARD signature(s)on the instrument the person(s), or the entity upon 10,o �, commission# 1483685 behalf of which the person(s) acted, executed the instrument. Colifomia Oronge County MY Comm.ExPires APr 16,20081 WITNESS my hand and official seaL SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT E:1 INDIVIDUAL El CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED H GENERAL El TRUSTEE(S) [:] GUARDIAN/CONSERVATOR NUMBER OF PAGES F1 OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTiTY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave,,P.C.Box 7184-Canoga Park,C 1309-7184 - - ' POWER OF ATTORNEY APPOINTING INDIVIDUAL ATk,,jRNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a New Hampshire corporatidt,and Firemen's insurance Company of Newark,New Jersey,a New Jersey corporation(herein called"the CIC Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Mike Parizino,Linda End ght,Rhonda C.Abel,James A.Schaller Jane Ke ner,Nanette Marieila-Myers,Patricia H. Brebner,Alexis H.Bryan,Lei h Mc[7onou h,lndivlduall Of Irvine,California their true and lawful Attorney(s)4n-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,urldertakings 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 is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CIC Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 2nd day of April,2002. rANY gf The Continental Insurance Company Firemen's Insurance Company of Newark,New Jersey Michael.Gengler Group Vice President State of Illinois,County of Cook,ss: On this 2nd day of April,2002,before me personally carne Michael Gengler to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of The Continental Insurance Company,a New Hampshire corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corponete 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. >r� "OFFICIAL SEAL" DIANE FAULKNER Notary Public,State of Illinois My Commission Expires 4/17105 My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE I,Mary A. Ribikawskis,Assistant Secretary of The Continental Insurance Company,a New Hampshire corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I'have hereunto subscribed my name and affixed the seal of the said corporations this __7th day of September 2004 -. to The Continental Insurance Company } c Firemen's Insurance Company of Newark,New Jersey Wk Mary A.Ribikawskis Assistant Secretary (Rev. 10/11101) AuLnorizing By-taws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13th day of January, 1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby Is, authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." ADOPTED BY THE BOARD OF DIRECTORS OF FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY: This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY by unanimous written consent dated the 13th day of January, 1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts of suretyship:and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is, authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seat shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached" a in amordance t� with the Terrorism Risk Insurance Act'of'2 , we are provid ac% this disclosure::notice for bends and certain insurance policies on which one or.more o the W4ting Companies identiGed below to the shy or insurer. Tlprincipaon bonds and insureds on certain ain insurance policies written by any one or. crxoef,the-following companies (Collective t ie ' titin a zpan3€e�i"� ss sua ty or i i r ' 'eete Surety t pany, Vnivereai Surety of America qty Bonding t + tic , cintinent a x ty�r psin , Natienfil Are Insurance an of Aare �x +casualty o pang Readirg,_'I A,'The Firem+ews � r mp�Y a Ne rrar , bid, end `The htln x Cad insurance:Comp The'prei3iiz =Attributable to coverage for terrorist acts certified ender the Act was LOOM The th4W States will pay ;ninety percent(90%) of covered terrorism losses exceeding the ap .cable,suretyfinsurer deductible. TO: BOARD OF SUPERVISORS r FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: November 30, 2004 SUBJECT. A roving the Drainage Im rovement AgLeement, DA 04-00040. SPECIFIC 77UEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 20041 602 for Drainage Improvement Agreement DA 04-000.40 (cross-reference Subdivision 85 10),approving the Drainage Improvement Agreement for Storm Drain Outfall,being developed by Windemere BLC Land Company, L.L.C., San Ramon. (Dougherty Valley) area. (District III) f FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATION(S): Drainage Improvement Agreement DA 04-00040 has been reviewed and processed by Public Work's staff and meets all applicable Conditions of Approval regarding drainage improvements. CONSEQUENCES OF NEGATIVE ACTION: The Drainage Improvement Agreement will not be approved and drainage improvements will not be completed. 7z�_Continued on Attachment:— SIGNATURE: COMMENDATION OF COUNTY ADM NIS OR V.COMMENDATION OF BOARD COMMITTEE APPROVE OTHER SI NATL1 E S : ACTION OF BO ON , 2004 APPROVED AS RECOMMENDED XX OTHER 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 VOTE OF SUPERVISORS date shown. XX UNANIMOUS(ABSENT NONE � AYES: NOES: ABSENT: ABSTAIN: ATTESTED: HOVE CER 30, 2004 G:, Data\E,ngSw\BOl2004\11-02-04\DA04-00040 Order.doe JOHN SWEETEN, Clerk of the Board of Oriy,.nlv: Public Warks(ES) Supervisors and County Administrator-. contact: Teri Ric(313-2363) ce: Pubie W-orks- T.Berl,Construction -7.Ysmwl,Ei "Bring Services T—September 30,2005 Winderoct'e BLC Land Cosgznany,L.L.C. F ' Brian Olin n 3130 Crow Canyon 111=e,431 b By _„ Deputy San Ramon,CA 94583 The Cominenisl lnsuraaoe Cornpany P-0 Box 9462140 Mali)"FL 32394-5640 Attn:Patricia 13.Brebrwr