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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-603 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 30, 2004,by the fallowing vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENEERG, DESAUI-NIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION No. 2o04/ 63:3` SUBJECT: Approval of Drainage Improvement Agreement for DA 04-00043, (cross-reference Subdivision 9908306), being, developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval for DA 04-00043(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, principal, whereby said principal agrees to complete all improvements, as required in said road 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 road 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 Originator: Public Works(ES) on the date shown. Contact: Teri Fie(313-2363) TY:rm Gs\GrpDaca\EngSvc\B0\2004\11-30-04\DA 04-00043 B0-15.dac ATTESTED: NOV�ER c cc: Public Works-T.Bell,Construction Current Planning,C unity Development JOHN SWEETEN, Clerk of th;Board of Supervisors and T—August 26,2005(PI) Shapell Industries ofNorthemCalifornia County Administrator Atttn:S.Worden,S.Savage I001 N.Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance Company of Harford Am:P.Stacks By Deputy 5820 Canoga Ave.,Suite 200 Woodland Rids,CA 91357 RESOLUTH)N NO.2004/603 s SUBJECT: Approval of Drainage Improvement Agreement for DA 04-00043, (cross- reference Subdivision 99-08306),being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) DATE: November 30, 2004 PAGE: 2 I. Cash Bond ' Performance Amount: $5,800.00 Auditor's Deposit Permit No. DP 432670 Date: October 11, 2004 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 II. Surety Bond Bond Company: National Fire Insurance Company of Harford Bond Number and Date: 929299760 September 2, 2004 Performance Amount: $571,300.00 Labor chi Materials Amount: $288,550.00 Principal: Shapell Industries ofNorthern California,a division of Shapell Industries, Inc., a Delaware Corporation NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOU.r°1 TON NO. 2004/60.3 DRAINAGE IMPROVEMENT AGREEMENT $anti Jy Subdivision; I?A 4043{cross-reference SUIS Effective Bate: . a—pe ndustries of Northern Completion Period: year Developer: California, a division of Shapell Industries, Inc. , a Dela�i re Corp. THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO- CC)NTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director a By. .� {signaturc)f1 R.ECOMMIMENDED FO PPROVAL v l By: P-intNameanaTstic) �Iym En ` ee ng ervices Division ( FORM APPROVED: Victor J.Westman,County Counsel (NOTA: All signatures to be acknowledged.1f Developer is incorporated,signatures must conform with the designated representative groups pursuant to Corporations CodeS313.) 1. PANTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Count 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 in a gond 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 Performance and Guarantee: $ 5,800.00 cash,plus additional security,in the amount of$5 71 ,3 d 0.0 0 together total one hundred percent(100%a)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check,or cashier's check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. " B. For Payment: Security in the amount of$ 288 550.00 which is fifty percent(50%)of the estimated cost of the work.Such security is presented in the form of: Cash,certified check,or cashier's check 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 or furnishing labor or 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 securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. r 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 964.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense, any defects in said work. 5. IMPROVEMENT 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 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 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. T 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 liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below, and including personal injury;death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the 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. 8. 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 if Developer 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 letter of credit securing said rights_ RL:kw \TWS4\SHARDATA\GrpData\FngSvc\Fomi&\AG wORD\AG-I7.doc ` Rev.April 6,2000 - .............................. ............................................................................................................................................................................................................................................................................................................................ �lti..in,`"'^.�^N"�rvv��rvw^wvu�n✓v�.�w iv�v+w��,�.v v�.vv"�.,^v:��n.�,^:v,�.wtiv��^i�'";:;%,`�'.;.\'"�^,'^v^�,�`n,^„;v�.^`�v�w�w+,^i`.'.vwww,.n�,'�.,,�,,.r.,^� ��v,,^,v�w�v�f�� S� s� s's Z ' CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT � S State of California s County of Santa Mara ? s On September 29,2004,before me,Janice T. Kruse,Notary Public personally s appeared,J.C. Truebridge&lien Cox personally known to me to be the persons whose >S names are subscribed to the within instrument and acknowledged to me that they . executed the same in their authorized capacity, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the t instrument. > JANICE T.KRU&E a Commtssiorti# 1318697 Not(Ty Puki#3c n Ca3}tornia WITNESS my hand and official seal. Santa Clnra County W CMM.W Aug 24,2 Signature of Notary Public ; 75 <ti Optional Information 4 Title or Type of Document: Drainage Improvement Agreement Tract 5856 SS �< <' Capacity Claimed by Signer: Assistant''dice President and Assistant Secretary 4 Shapell Industries,Inc. <. DEPOSIT PERMIT �� `,j OFFICE OF COUNTY AlIDITOR-CONTRCUER rf/ fC3 TRE45 MARTINEZ,CAUFORW tlCEIVED FRCNtA ORGANIZATION NUMBER '' tom) (For Cash Cokct;on Pm"axes see County Administexytor's Bulletin 10&). DESCRIPTION FUND/ORG. SLJ& TASK OPTION ACTIVITY AMOUNT ACCT. $ t t A./ IE, r"•t.r. { t t 1 { { j t 7 S i F t i t t 1 { 1 2 1 _ t 7 { A( 1 11 1 G.. i t f t t i ,..t7 ,2f it t 11 ,1111 Ll I I I I I L I A L-J- I I I.A L ter/ r t t D(PI ANATION: TOTAL $ t f �. r'% /! C _ .�r'' !% ;r; ' J DEPOSIT r/ Deposit consists of the foo ng items le i'' r 'r, f 'r,' ''- �' COIN oW CURRENCY $ r CHECKS,MO,ETC. %'`// BANK DEPOSITS + r' 1J 7o/-- \} FOR AUDITOR-CONTRC7I.LER USE ONLY DEPOSIT PERMIT DP- V(. Y.. ' ,�' ,r��,H /� .0 f'... J•. r .f /J' ;:1'%t,%' `` 4 R DATE ASSIGNED The amount of money described above is for Traiasurxtr' eipt of obq.,t amount is approved Receipt of above amount is hereby deposit into the County Treasury ocknowle4ged Signeck Skjne* , %,...... Signed- rifle: rifle:rf` !t Id _ EXE '' tf Deputy CoAuditor Deputy County Treasurer -34REV(7-43) ,--,• J ! fYY tL j`T ,r 828600: G1140802, $26.00, WCC #8354168, Pb 409-151-003, Brian Wieber, 1093 Lipper Valley Rd, Lafayette, Ca. 94549 &199800=0804: G1140479, $5,800.00, DA 0043-Civil Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., Milpitas, Ca. 95435 CK#97849 0649-9665: G1140479, $29,500.00, Drainage Improvement Inspection CK#97849, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, Ca. 95035 CK#97849 COUNTY F CONTRA COSTA - G ENEPjwI. RECEIPT 1 4L 7 -2�.'�f� j THIS COPY IS G1140479DEPT' c - T - NOT A RECEIPT 0 3s 60L AARS$— -f -- FOR t 7-2-0, s'6)0. 00 41-79 4151 CASH ACCT BAL. RECEIVED FROM CHECK PAID 5X1100 -00 MONEY BAC.. By (057,REV,7/88) COUNTY F CONTRA COSTA - GENERAL RECEIPT DEPT. ` L #' Nit 7 ' 2 �' �g9tiCT___. NOT A RECEIPT THIS COPY IS t+1 1 4 0�t i r �r 77jJ t d" L 7+ j �J �L U DOLLARS$ ��s 2 c C, G• ;^;� ,d1(;ll�, ,,,, �}t�l,,l t',«.�.�, .�1;�,l1`� t` ..$����i�`C� ^^"t.�vvtJ ) � / 7}(�I"'' � (� _� "•x7�,!� t �:-'E1�� '�N! FOR f ' ICS' `'fl "' ' CASH ACCT. BAL. RECEIVED FROM CHECK AMT.PAI � rjr i �t-L- 3��1�'�-��� t7�._ � .•;�{L`°��'`�. ��"�����- Cl MONEY BAL. O R CLUE By: (D57.REV.7/89) r Development No, DA-0043.Gale Ttaoeh III Bond: 929 299 760 Premium: $4 ,285.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance&maintenance,ANIS labor and materials) t Shapell Industries of Northern California,A Division of Shapell Industries 1. OBLIGATION: Inc. A Delaware Corporation Princi al , as Principal,and National Fire Insurance Company of Hartford (SurctAa corporation organized and existing under the laws of the State of CT and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally bind ourselves, our heirs,executors,administrators,successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance,&Maintenance: Five Hundred Seventy One Thousand Three Iltundred No!100** B. (S 57,1, 1 o oo*** _ _ _ _ ) for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus C. Labor&Materials: Two Hundred Eighty Fight Thousand Five Hundred Fifty No/100** ( _Z&&59,Qft!*. )for the benefit of persons protected under Title 15 §et seq.of the California Civil Code. 2. RFCITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and other improvements in DA-0043.Gale Rand 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 HA-0043,Gale ranch III 3. CQNIITTI+C)N: 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,theta 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 ifprincipal fully pays the contractors,subcontractors,and persons renting equipment or furnishing labor or materials to there for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(13)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 make such alterations without further notice to or consent by Surety;and the Surety hereby waives the provision of California Civil Code§2819,and holds itself bound without regard to and independently of any action.against Principal whenever taken,and agrees that if County sues on this bond,Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgement. 3. CQNdITION. 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 t 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.(13)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 fumished 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 31782)ofPart 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 AID SEALED on September 2 2004 pRINCIPAI, Shapell Industries of Northern California, SURETY National Fire Insurance Company of Hartford a division of Shapell Industries Inc.,a i) yBy Pamela L.stocks,Attorney-in-Fact B �l s i ✓CA, d Address 5820 Canoga Avenue,Suite 200 Woodland Hills,CA 91357 Address 100 N.Milpitas Blvd.,Milpitas,CA 95035 GAG;ppawa Fng§vclFonnsl13N WORMUN-!ObAm Rev.Sepiember 2,2004 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On September 10,2004,before me,Janice T. Kruse,Notary Public personally appeared J.C.Truebridge and Bonnie Rice Mann,known to me to be the person whose name is < subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument,the person or the entity upon behalf of which the person acted, executed the instrument. !JAN4010E T.KRUSE commbwn# 1318697 ITNESS my hand and official seal. t4otory public-Calftnia SS my' Sorho Ckwo County MVC00M.Explos Aug24.2W Si tura of Notary Public tur c Optional Information Title or Type of Document: Security Bond-Drainage--DA-0043,Gale Ranch III Capacity Claimed by Signer:Assistant Vice President and Assistant SecretaLlo Shapell Industries,Inc. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-T=ACT Know All Men By Thew Presents,That Continental Casualty Company,National Fire Insurance Compal+of Hartford,and American Casualty Company of Reading,Pennsylvania(herein called'"the CNA Companies"),are duty 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 seats herein affixed hereby make,constitute and appoint Pamela L Stocks Severly A Hall Sandra V.Hanner, Individually Of Sherman Oaks,California their true and lawful Attomey(s)-in-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 is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 3rd day of August,2001. t� *41W4.4ter Continental Casualty Company ac>p+t�Mrst , Oproraq�t National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania JULY 71« v SEAL Y Michael Gengter Group Vice President State of Illinois,County of Cook,ss. Ch1 this 3rd day of August,2001,before me personally came Michael Gengler to me known,who,being by me duly swam,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 seats affixed to the said Instrument are such corporate se*.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. +µi�aq��+,��++aAK►x+ar+►aaaaa�a�+ 8 ��yy,,Y�m��FAL A a O YI!'V�R EpJKREt.tRNER • ,,r � + �1yyar 1 • �.. �aaa+was��rar+►+aws+++►ttti 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 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 re erre hereof is stili In force.In testimony whereof I have hereunto subscribed myaand affixed the seal of the said corporations this 2nd day of September TO4 es c �- � ►a Continental Casualty Company t; > National Fire Insurance Company of Hartford �' al American Casualty Company of Reading,Pennsylvania Nl" 3E, t3 Stv11t � 1$r17 J, Mary A.Ribikawskis Assistant Secretary (Rev. 1123/01) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: s 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 attorneys-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 Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seat shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any band or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article Vl--1 scutlon 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 attorneys-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 97th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of ttve 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 seated shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature.Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 97th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 9993 and the signature of a Secretary or an Assistant Secretary and the seat 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." s State of ---- Calif mia County of Los Angeles On September 2,2004 before me, _ Sandy Hunner- Notary Public Cate NAME, TITLE OF OFFICER,,",JANE DOE,NOTARY PUBLIC" personalty appeared Pamela L. Stocks NAME(S)OF SIGNER(S) {x ) personally known to me --OR - (_...) proved to me on the basis of satisfactory evidence to be the person(:) whose name(#is/stasttbscribed to the within instrument and acknowledged to me that Wshe1AW executed the same in hirlher/twt[authorized capacity{, and that by Kwherl4 signature(s)on the instrument the person(g), or the entity upon behalf of which the person{O acted, executed the instrument. WITNE my hand and offr eal. SANDY HANNEFt _..'- ` Commisskm#1362157 SIGN URE OF NOTARY Notary public-CalHorrile Los Angeles County My Comm_Expires Jul2,2006 t9PTIONAL 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 farm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL (�_} CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER{S} {__.) LIMITED {_.} GENERAL { } ATTORNEY-IN-FACT NUMBER OF PAGES { _} GUARDIAN/CONSERVATOR (�} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHF-R THAN NAMED ABOVE G-,07426-e NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectivdly the "Writing Companies") as surety or insurer: Western Surety Company,Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. p-1SCLQSVRE--CSF The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). B© UIF—E-DERAL P ARTICIF ATT 'NN P OF TERROR! L— AYM-ENT. —RROR!-SM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible, corm F7310 "" J G 2- TO: BOARD OF SUPERVISORS { FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: November 30, 2004 SUBJECT. Approving the Drainage Improvement Agreement, DA 04-00043. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 603 for DA 04-00043,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 RE+COMMENDATION(S): DA 04-00043 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval. CONSEQUENCES OF NEGA'T'IVE ACTION: The Drainage Improvement Agreement will not be approved and drainage improvements will not be completed. Continued on Attachment: SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR _�RECOMMENDATION OF BOARD COMMITTEE ,ROVE TIIER SIGNATURE(S): ACTION OF BO?7'ON NOVEMBER 30a 2004 APPROVED AS RECOMMENDED Kx 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 XX UNANIMOUS(ABSENT NONE ) date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: NOVEMBER 30, 2004 JOHN SWEETEN, Clerk of the Board of G:%GcpDa1alBngSvc\B012004\3 i-30-041DA 04-00043 Ordmdoc Supervisors and County Administrator.. Orifi.Div: Public Works(£S) Contact: Teri Ric(313-2361) cc: Public Works- T.BelL Construction CWTent Planning,Cotxsnunity Development } T-August 26,2005(P3) Si Industries ofNorb=m California $�T ,� Y1,./L,�/ r Deputy Alta S.Worden,S.Savage J , 100 N.Milpitas Blvd. Milpitas,CA 95035 National Fire insurance Company of Harford Attn:P.Stocks 5820 Canoga Ave.,Suite 2DO Woo&=d Hills,CA 91337