Loading...
HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-615 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on November 30, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBER.G, DESAULNIIER AND GLOVER NOES: NONE ABSENT: DONE ABSTAIN: NONE RESOLUTION NO. 2004/ 615: SUBJECT: Approval of Road Improvement Agreement for South Monarch Road,RA 02-01138, (cross-reference Subdivision. 95-07984), 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 for South Monarch Road,road improvement agreement file RA 02-01138(crass-reference Subdivision 95-07984)property located in the San Ramon.(Dougherty Valley) area, Supervisorial District III. A Road 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 road improvement agreement, within one year from the date of said agreement. Improvements generally consist of road 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 Originator: Public works(BS) taken and entered on the minutes of the Board of Supervisors Contact, Teri itie(323-2363) Mrn on the date shown. &\GrpDaWEngSvc\B0\2004\l 3-30-041RA 02-01138 BO-15'.doc cc: Public Works- T.Bell,Construction Current Planning,Community Development ATTESTED: NOVEMBER 30-, 2004 T— Soptctnber 30,ZOOS(P t) shape[;Industries of Northern CA JOHN SWEETEN, Clerk of the Board of Supervisors and Atm:S.Worden&S.Savage loo Nort4 Milpitas Blvd. County Administrator Milpitas,CA 95035 National Fire Insurance Company of Hartford Attn:P.Stocks 5820 Canoga Avenue,Suite 200 Woodland.Fulls,CA 91367 By Deputy RESOLUTION NO.200615 f SUBJECT: Approval of Road Improvement Agreement for South Monarch Road, RA 02- 01138, (cross-reference Subdivision 95-07984),being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc, a Delaware Corp., San Ramon(Dougherty Valley) area. (District III) DATE: November 30, 2004 MAGE: 2 5 I. Cash Bond Performance Amount: $4,100.00 Auditor's Deposit Permit No. DP 423765 Date: April 29, 2004 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 H. Surety Bond Bond Company: National Eire Insurance Company of Hartford Bond Number and Date: 929299743 April 20, 2004 Performance Amount: $406,600.00 Labor&Materials .mount: $205,350.00 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc, a Delaware Corp. NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department, RESOUTION NO. 2004/615 • R{)�VSMl3NT AGRBEIvIENT p �, 7tZl�l Developer: RA 1138!Gale Ranch II Effective Date: J, Development: ha ell industries f Northern California. Completion Period: 1 year a Division of Sha=ll Industries.Inc. C :2L- �t���Crory Road: Ja,2onica THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director (1 By: (signature)B (print a t2d6yry �� ����✓ r/ RECOMMENDED FO1Z APPROVAL ' P2By: {sgasture)B : t y Engineering • � Di � ion (print noire&tide) FORM APPROVED: Victor J.Westm ,County Counsel (NOTE: Al signatures to be acknowledged. If Subdivider is incorporated,signatures must conform wiry the designated representative groups pursuant to Corporations Code 5333.) I. PARTIES&PATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon "and the above-mentioned Developer, mutually promise and agree as follows concerting this development: 2. IMPROVEhff. TS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development 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 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. IMPROVEMQNT SE_Q—UR=. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Ferformance and Cruarant • $4.100.00 cash,plus additional security,in the amount of$406.600.which together total one hundred percent (100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers 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 Payment: Security in the amount of$2.05.350.,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 —,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 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 securities may be reduced in accordance with 394-4.406 and 594-4.408 of the Ordinance Code. 4. GUARANTEE ANDLAMAN I Y Ql?WORM. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance," of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT FSTABITS�NT WORD. Developer agrees to perform establishment work for landscaping installed under this agreement Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. WROVEMEIy'T 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. 7. NO WAIVER B„Y 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. 8. INDEMNITY: Developer shall bold harmless and indemnify the indemnitees 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 liabifitio.protected against are any liability or claire 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 causigg 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. €Von-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared, supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-_RMRMANCE AI+'ll COSTS: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. , Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing ormaintaining 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. 11. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shallbe transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSWZRA=. In consideration hereof: (Check applicable section(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. - erg u—ires County Counse approval RL:kw i1PWS4'5SHARDAT'A1GrpDatalEngSvcTorms\AG WORMAG-24.doc Rev.April 6,2000 bw�.w..,,^.A�-'�n,v,v,fivn.v,/"vw�v/rn.^.n:v; ;va..,.�,N >^'.^. � -._� ,.v ',.y} ,.� ✓v'wM/`✓n.-.^....^w'ww.,,nn M/.i �.. . .n,,.,_ .�,.,�.i+, ,v`.r�F..,.�r.:^.Nvwav*.�.�.•w�,w ,^.`..^.^✓.:..,,�,. ,. '^ ; .9:�.., ,,,,,may,,..., .n� . ..nr✓..�,%�`.,avvv..rvv�.,n.^w.rv.,-..n.�,.ti•..w.,^.� ,l n CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT �l ;S State of California's 1 � County of Santa Clara On April 21,2004,before me, Janice T. Kruse, Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or s the entity upon behalf of which the persons acted, executed the instrument. F JANICE T.KRUSE Comm,#1318847 WITNESS my hared and official seal. kaft Ckva Comty ' Si azure of Notary Public Optional Information f{ Title or Type of Document: Road Im rovement Agreement-RAI 138- Gale Ranch l5 �) tis iS Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries,Inc. r X z \ry,F.n^.,' hN�'\i�V'.,�h.h,-�`w+ih'�'v'i\N'V\./�,\�v/�i\Yti�-'\i^t„1."4' ^"i�4 't\ ,- ../..,..✓ i vvh.r.h'.✓..n✓`✓ ✓.' v;/,\�. LVVE'EE E'Vbr'V1�Enw wvv.w. / DEPOSIT PERMIT ,1 OFFICE OF COUNTY AUDITOR-CONTROL y MART Z;CALIFORNIA TC? I°rE TREASURER: RECEIVED FROM ORGANIZATION NUMBER 1 � Torr Cash Collection Procedures we County.Administrotor's Bulletin 105.) DESCRIPTION F(JN©JURC; Sub. TASK TION < ACTIVITY AMOUNT ACCT. C � t qy Inc 62 1 DR A"f F".T t I IL-I lot- t 1 Lam/ v jilt t . t `' j /711,51 IL i EXPLANATION: TC3TAL -i L4 SZAL 1 " 4f j ,' � � DEPOSIT !r ►+�« of the folkawing iterrms K S Q ? G .,'� ! Ct1RRENCY $ 13 Ma ETC. $ col 1.1 Ryp .3 K DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY c 1-C"r-S .` f G �: '7 9 • DEPOSIT 7 G PERMIT DP - 16" - � J l f l/ `} NUMBER , DATE 04' ASSIGNED. The o-ount of money dewix d*buyer is for T 4 jZt of.ab 00 1 Kwnt is approved Receipt of ob*ve anount is�bY 0'"posit into tfw County Tmasury. rl ,�J.�� ` ocknuwwGcdged Si ' � (�:, Date—4 t swdxt S+�rred T+ti EXT. Deputy County Auditor Deputy County Treasurer D-34REV.(7-93) s 0649-9665 / 881400: G1123O28, $1.500.003, Sub 8534, Flan Check Deposit, Signature Properties, 4670 Willow Road, Suite 240, Pleasanton, CA 94588 0649-9665 / 831000. G1123O40, $78.438.030, Sub 8580, Major Sub flan Check, Hoffman Land Development, 23803 Galaxy Way, Concord, CA 94520 0649-9665 / 831000• G1123441, $65, 242.030, Sub 8827, Major Sub Plan Check, Hoffman Land Development, 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000. 611230348, DGOO27, Shapell Industries of Northern California, 1030 N. Milpitas Blvd, Milpitas, CA 95035 $10,000..00, Drainage Review $16,80303.0303, Drainage Inspection 0649-9665 / 831040. 61138801, RA1138, Shapell Industries of Northern California, 1030 N. Milpitas Blvd, Milpitas, CA 350335 $1,000.00,003.0 0, Plan Check $22,000,00, Inspection Deposit 4649-9665 / 831000: 61138804, $241,80303.00, DAO03O, Inspection Fee, Shapell Industries of Northern California, 1003 N. Milpitas Blvd, Milpitas, CA 95035 819800-0800: G1123047, $3,000.00, DA 00327, Cash Bond Guarantee of Performance, Shapell Industries of Northern California, 100 N. Milpitas Blvd, Milpitas, CA 95035 8198013-08003. G1123O50, $4,10 0.003, RA1138, Cash Bond, Shapell Industries r ern a- i ornia, 100 N. Milpitas Blvd, Milpitas, CA 95035 Z 81980)03-0800. G11388O3, $534000.00, DA 0030, Cash Bond, Shapell Industries of Northern California, 100 N. Milpitas Blvd, Milpitas, CA 95035 0635-9752 / 824000: G1138262, $334.0303, 8544, Permit# 8348279 Traffic Fees, Finish tine Framing—D.Davis, 1636 Pacheco Blvd. Martinez, CA 94553 CONTRA COSTA — GENEM �'RECEIPT COUNTY-,,weTHIS COPY IS ' DEPT; te c r ' NOT A EtC ' i DOLLARS 9i •,� t r �. Acca-. ..._.�� @ CASH BAL. RECEIVED FROM CHECK AMT. ? PAIL? MONEY BAL. ' 7 / ORDER DUE ([157,REV.7/89) Bond No.: 929 299 743 Development: RA-1138,Gale Ranch II Premium: $3,050.00 t s IMPROVEMENT SECURITY BOND FOR ROAD ImpRovEME1's'T AGREEMENT (Performance, Guarantee, and Payment) (California Government Code§§ 66499 s 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements.on,or along RA-1138,Gale Ranch 11 to complete said work within the time specified for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings. 2, OBLIGATION: Shapell industries of Northam Galifomia,A Division of Shapell Industries.Inc„a Oaiaware go . ,as Principal and National Fire Insurance tompany of Hartford a corporation organized under the laws of the State of CT , and authorized to transact surety business in 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 as follows: A. Performance: Pour Hundred Six Thousand Six Hundred Noll 00" Dollars($405,690.00** )for itself or any city assignee under the above County Road Improvement Agreement,,plus B. Payment: Two Hundred Five Thousand Three Hundred Fifty No1100** Dollars($ 205,350.00** ' ) to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California: 3. CONDITION: A. The Condition of this obligation as to Section (2.A.) above is such that if the above bonded Principal, or principal's heirs, executers, administrators, successors or assigns, shall in all things stared 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 it 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 hari less 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 reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa 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 furnished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded and fixed by the court,all 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 of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions 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 Road.Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve.the Surety from liability on this bond and consent is hereby ,given to make such alteration without further notice to or consent by thq 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. 4. SIGNED AND SEALED: The undersigned executed this document on April 20,2004 Shapell Industries of Northern California,A Division of PRINCIPAL: Shape!l Industries, Inc.,a Delaware Corte SURETY: National Fire Insurance Company of Hartford Address: 100 N. Milpitas Blvd. � Address: 5820 Canoga Avenue,Suite 200 City: Mi Ras CA 95035 City: Wo nd Hills,CA b 0' 67 $1$-713-2031 By: By: Print Name: _ Print Name: Pamela#_.Stocks Title: Title: Attorney-in-Fact r By: Print Name: Title: f GAGrpDatalEttgSvc\)'onus\SN WOftD'B N-9.doc POWER OF AT`PC)P,. F Y APPOINTING INDIVIDUAL ATTf`RNEY.IN-FACT Know All hien By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,arM that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-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 9th day of July,2003. Continental Casualty Company National Fire Insurance Company of Hartford oWORA �� ° SAmerican Casualty Company of Reading,Pennsylvania SEAL au J�7tY!i, Michael Gengler Senik Vice President State of Illinois,County of Cook,ss: On this 9th day of July,2003,before me personally came 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 Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania 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 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 SEALEUZA PRICE i trssr#ar rueua srsnoF,u.wW 00ois MY COINM ION 0"M OW 7406 1 My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania 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 print e r the reverse hereof is$tilll iorce. In testimony wl e Sfl have hereunto subscribed my name and affixed the seal of the said corporations this day of � L U4 y Continental Casualty Company ,e National Fire Insurance Company of Hartford 0WORA*e . ► a>l� American Casualty Company of Reading,Pennsylvania S XLY, i, SEAL 1�D7 � ' • r Mary A.Ribikai6kis Assistant Secretary Form F6853 tiuthorizing By-Laws and Resolution:. ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUAL'T'Y COMPANY: t 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 Iimitations 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 thererto. 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 ata meeting duly called and held on the 170,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 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 V1--Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attotney-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 17'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, 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 170i 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, 1993 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." ............................................................................................................................................................................................................................................................................................................................ ............................................................................................................................................................................................................................................................................................................................ State of CALIFORNIA County of LOS ANGELES On April 20, 2004 before me, Sandy Hanner- Notary Public Date NAME, TITLE OF OFFICER,,-JANE DOE,NOTARY PUBLIC- personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) { } personally known to me--OR--(o---) proved to me on the basis of satisfactory evidence to be the person%) whose name( ishuwAsubscribed to the within instrument and acknowledged to me that Wshe/AW executed the same in Wx/her/toltauthorized capacityoee}., and that by € t Ther/# signature(s) on the instrument the person(It), or the entity upon behalf of which the person(3I} acted, executed the instrument- WITNESS y hand and offi . seal. Commission#1362 SANDY i57 i !v w Notary Public-Cliftmia Los ANeft county Sif3NATU E t3F iVt3TAf�Y try Comm>Eras JI2006 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 {. } TRUSTSE(S) (._.) GUARDIANICONSERVATOR (_ _} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE o.aoysxa-e s 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 (collectively 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. The premium attributable to coverage fox terrorist acts certified under the.Act was Zero Dollars ($0.00). OSS The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 v-„v,.-hti^v,n.N�,vwvvvvnnn.ti:�n�.,.vv.�.vv�,^.n. ^.n.niv. ^.�r...1,^. _ .v v, .,v w ,- v.i v,h;v >.^v.�'.r:w�. ,M.h.v,.u•.r..vrv>...�v,,'J) `l . .. ._lv\h/'vVV✓vn.hh,r�N`✓v.+�v'V./+�r./VlrV�MN+ h'U`�^J\/�✓\/\.'\r\.vi�✓v v%,._ �.,�... . � u �I�1�~ ,,.h�,,.F,ftT/v:.�,v\.\h. ��ti�-iV.�V\Y�.iV../'.l�.r v.N'S l< CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT vti C State of California County of Santa Clara On April 21,2004,before me Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or 'S the entity upon behalf of which the persons acted, executed the instrument. 69 -",,WITNESS my hand and official seal. >> Nokwy Pt ot�Ntc�ri�iw swft 0wo lyr *Comm. ���$4 C'.r^ ...e i Y Signature of Notary.Public s Optional Information Title or Type of Document: Ian rovement Bond for Read Improvement Agreement Gale Ranch II-RA 1138--Bond#929299743 S ni >7 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Slush Industries,Inc. > 1.�.ti '� .i1,� 4 \.'teY1v 1��n✓Vtir1�`\ h ^v., r F�1V\' \.'_. �':v� /. ✓ ^.^.i.: . ti .'�.�, .. �. .. \+\ Thr,a v'ti'1.�.. :'\.u � :'�: ..,✓W..� _ .. � h. ." l`. .. ✓ -Jv..i'". r TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORDS DIRECTOR � DATE: November 30, 2004 SUBJECT-. =roving the Road Improvement AgrBement,RA 02-01138, SPECIFIC REQUETF(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS?: ADOPT Resolution No. 20041 615 for Road Improvement Agreement RA 02-01138(cross-reference Subdivision 95-07984), approving the Road Improvement Agreement, being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUNT-D/REASON S FOR RECOMMENDATIONS): S : RA 02-01138 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement will not be approved and read improvements will not be completed. Continued on Attachment:— SIGNATURE., ECOMMBND7TION OF C7UNTY ADMINISTRXMR _RECOMMENDATION OF BOARD COMMITTEE _ PPROVE OTHER { SIGNAT t ACTION OF 1104ZO 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 UNNANIN440US{ABSENT NODE AYES:__ –.- _ NOES. ABSENT. ABSTAIN: ATTESTED: NOVEMBER 30, 2004 Jy rm JOHN SWEETEN, Clerk of the Board of G\C' ipDatalEngSvc\BQi2004%11-30-04\RA02-01138 Order2,doc Supervisors and County Administrator. Orlt.Dtv: Public Warks(FS) Contact: Tari Rie(313.2363) cc: Public Warks- T.Bell,Construction Current Planning,Community Nveloptnent T—Autust 26,2005(PI) Shapeli Industries of9caxhern California Attn:S.Worden,r.Gold By �, Deputy 100 i`t.Milpitas Biv:i. Nrilpitas,CA 43435 National Fire Im"anea Company ofHartford Acne:P.Stocks 3824 Canoga Ave.,Su to 200 Woodland hills,CA 91467