HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-616 TME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 30, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 20041 616
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 02-01139
(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 this date for RA 02-01139
(cross-reference Subdivision 95-07984), located in the San Ramon(Dougherty Valley)area.
A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of
Northern California, a division of Shapell Industries, Inc., A Delaware Corp., developer,
whereby said developer agrees to complete all improvements as required in said Subdivision
Agreement (Right of Way Landscaping) within one year from the date of said agreement.
Improvements generally consist of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $1,500.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: DP432272 October 4, 2004
JY: I hereby certify that this is a true and correct copy of an
GrpData�ngsvc�E3o12o04�11-30-0�#1RA 02-01139 Bo-16.doo:\G' action taken and entered on the minutes of the Board of
G:\GrpData\EngSvc\BO\2004\1
Public Works(Es) Supervisors on the date shown.
Contact: Teri R.te(313-2363)
cc: Public Works- T.Bell,Construction
Current Planning,Community Development ATTESTED:_ _NOVE,4BER 30, 2004
T Y September 30,zoos(PI) 701iN SWEETEN
Shapell Industries of Northern California ,Clerk of the Board of Supervisors and
Attn:S.Worden,J.Gold County Administrator
100 N.Milpitas Blvd.
Milpitas,CA 95035
National Fire Insurance Company of Hartford
Attn:P.stocks
5820 Canoga.Ave.,Suite 200 By—_-- -- -- � ,. G , Deputy
Woodland Hills,CA 91467 s+.
RESOLUTION NO.2004/ 616
SUBJECT. Approve Subdivision Agreement (Right of Way Landscaping) for RA 02-01139
(cross-reference Subdivision 95-07984), being developed by Shapell Industries of
Northern California, San Ramon(Dougherty Valley) area. (.District III)
BATE: November 30, 2004
PAGE: 2
II. Surety Bond
Bond Company. National Fire Insurance Company of Hartford
Bond Number and Date: 929299763 September 23, 2004
Performance Amount. $150,411.00
Labor&Materials Amount: $75,955.50
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries Inc., a Delaware Corp.
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way
Landscaping)is APPROVED.
All deposit penrnits are on file with the Public Works Department.
RESOLUTION NO. 2004/615
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code §66462 and§66463)
Subdivision: RA 1139 Stone Leaf Rd. (X Ref. SUS Effective Date:
7984
Completion Period: 1 year
Subdivider: �haoell Industries of Northern California
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
Maurice M. Shiu, Public Works Direc Shaoell Industries of Northern California,A Division of
Shapell Industries, Inc.,a Delaware Comoration
By: W ` (signature)
(print narrre&title) 7 �C -
RECOMMENDED FOR APPROVAL: —r
jV
By: (signature) / f
Engineering Services D' is' n (print.Warne 6:{tea)
FORM APPROVED: Victor J.Westrman, County CounselC��
(NOTE: All signatures to be ackno edged. If Subdivider is
incorporated, signatures must conform with the designated
representative groups pursuant to Corporations Code§313.)
1. PARTIES & DATE. Effective on the above date, the City of County of Contra Costa, California, hereinafter called "County"
and the above-mentioned Subdivide ,mutually promise and agree as follows concerning this subdivision:
2. IMPROVE S. Subdivider agrees to Install certain road improvements(both public and private), drainage improvements,
signs, stneletights, re hydrants, landscaping, 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).
Subdivider shall complete said work and Improvements (hereinafter called "work") within the above completion period from
date hereof as required by the California Subdivision Map act (Government Code §§66410 and following), 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. IMPROVEMENT SECURITY. Upon executing this Agreement, the Subdivider shall, pursuant to Government Code §66499,
and the County Ordinance Code,provide as security to the County:
A. For PaItaqmance aanQuarantee- $_ 1,500.00 cash, plus additional security,in the amount
of $ 150.41 i QQ 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 Subdivider;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$ 75.955.54 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 Subrdividerguarantees payment to the contractor, to his subcontractors, and to persons renting
equipment or furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider, the
amount securities may be reduced In accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider 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. Subdivider 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 ESTABLISHMENT WORK. Subdivider 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. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider 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 Subdivision. 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, Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. 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 Subdivider 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.
B. INDEMNITY: Subdivider shall hold 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 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
proceedings)concerning said liabilities and claims.
C. The actions caul€no 1€ab€!€tv are any act or omission (negligent or non-negligent) in connection with the matters
covered by this Agreement and attributable to the Subdivider, 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
Indemnitee has prepared, supplied, or approved 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 form any negligent or willful
misconduct of any Indemnity,
9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of
the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NQN-PI RP RMANCE AND COSTS: If Subdivider falls to complete the work within the time specified in this Agreement,and
subsequent extensions, or falls to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise, and Subdivider 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.
Subdivider hereby consents to entry on the subdivision 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, Subdivider agrees to pay all costs incurred by the County,
even if Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work, Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith, even
if Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the suUdivision 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 shall be transferred to the new or annexing city. Such city shall have all the rights of a third
party beneficiary against Subdivider, who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city
originally.
13. RECORD MAP, in consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
,ewlap
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Rev.May 18,2001
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT �
,\ 22
iJ
State of California
County of Santa Clara >s
On September 24,2004,before me,Janice T. Kruse,Notary Public personally
5 appeared,J.C.Truebridge& Ken Cox personally known to me to be the persons whose
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
� instrument.
j{WIC@ T.KRUSE
COMMwWn# 1318697
l �
awNotapub4c WITNESS my hand and official seal.
sonto Ckno CountY wCommbomAugUA
Signature of Notary Public
Optional Inf6ftnation
Title or Type of Document: Subdivision Agreement Landscaping- RAI 139
s Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary
Shapell Industries, Inc.
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TDEPO
PERM
OFFICE OF COUNTYEA Dn'OR-ELLER
TO THE TREASURER MARMMZ,CALIFORW
RECEIVED FROM ,
ORGANIZATION NUMBER '
(For Cash Collection Procedu as see Ccwty Admk idr aWs iluiletin 105.)
SUL
DESCRIPTION FUI%V/ORG. ACCT TASK OPTION ACTIVITY AMOUNT
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NATICI: ,r 1 // TOTAL $ 1
t 'F 1;� (7(I 1146 `� DEPOSITeDeposit
consisis of the fok aing item
. �ct#RRENCY
Mxa,ETC $
�` "
6,( } / E. *E ��t�' a' DEPOSITS $
FOR AUDITOR>CONTROLLER USE ONLY
DEPOSIT
DP-
NU MR
DATE 432272 OPT—4
ASSIGNED
Tim amount of money described oboe v is for Treasurer's receipt of abrnro amount is a 4woved. Receipt of above amount is hereby
deposit into the County Tmasur-y, ocknowledoad
sj/,'y :
J
Ext 2 3qVDeputy County AuclitorDept «�+ty Treosurrcn
� y-
-3A RE'.(7-93)
819600-0800: G114O462, $1.500.00, RA1139, Cash Bond, Shapell Industries
of Northern CA, 100 N. Milpitas Blvd., Milpitas, CA 94583
0649-9665 / 831000: 61140462, $10,300.00, RA1139 Landscape
Improvement Inspection, Shapell Industries of Northern CA, 100 N. Milpitas
Blvd., Milpitas, CA 94583
0649-9665 / 8310010: 61140470, $500.00, RS 2944, Record of Survey
Deposit, Bud Laverne Simmons, 3859 Joan Ave., Concord, CA 94521
0649-9665 / 831000: 61140471, $500.00, RS 2945, Record of Survey
Deposit, DeBolt Civil Engineering, 811 San Ramon Valley Blvd, Danville, CA
94526
0649-9665 / 831000: 61140472, $500.00, RS 2946, Record of Survey
Deposit, DeBolt Civil Engineering, 611 San Ramon Valley Blvd, Danville, CA
94526
0649-9665 / 831000: G114O473, $500.00, R5 2947, Record of Survey
Deposit, Bert Bouler, 31 Grandview P1, Walnut Creek, CA 94595
0649-9665 / 831000: G114O474, $5030.00, RS 2.948, Record of Survey
Deposit, Clinton Williams, 2145 Youngs Ct., Walnut Creek, CA 94596
0649-9665 / 831000: 61140475, $500.00, RS 2949, Record of Survey
Deposit, , DeBolt Civil Engineering, 811 San Ramon Valley Blvd, Danville, CA
94526
0649-9665 / 831000: G114O476, $500.00, RS 2950, Record of Survey
Deposit, , DeBolt Civil Engineering, 811 San Ramon Valley Blvd, Danville, CA
94526
COUNTY F CONTRA COSTA - GENEF RECEIPT rr� n
THIS COPY IS 6 1 1 4 0 4 6
DEPT: i t ` NOT A RECEIPT
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DOLLARS.$ — -
FOR
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CASH ACCT.
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RECEIVED FROM BAL.
CHECK
AMT.
PAID
MONEY BAL.
( > h� • A�l�l) Sy'P, ORDER DUE
By: k
(D57,REV.7/89)
v
Subdivision: RA 1139 StoneleafRd.fX-ref.SUB 79841
Bond No.: 929 299 763
Premium: $1.,1.28.00
Gale Ranch 11
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF'VVAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Cade Sections 66462 and 66463)
1. RECI'T'AL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping,and other related improvements in Subdivision RA 1139
Stoneleaf Rd. if-ref. SUB 7984) as specified in the Subdivision Agreement(Right of Way Landscaping),
and to complete said work within the time specified for completion in the Subdivision Agreement(Right of
Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: SbgRell Industries of Northern Ca
lifornia, A 17ivisic n of Shap ell Industri c. a Delaware o ., as
Principal,and NationalFire Insurance Cg=#ny of Hartford,a corporation organized existing 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 it:
A. Performance and Guarantee: One Hundred Fift Thousand Four Hundred-Eleven and 0/100
Dollars ( . 15041.1.00 for itself or any city assignee tinder the above
County Subdivision Agreement, plus
B. Payment: Seventy Five Thousand Nine Hundred Fif -Five and 501100
Dollars ( '75 955.50 to secure the claims to which reference is.made
in Title XV(commencing with Section.3082)of fart 4 of Division M 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 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 shalrbecome
null and void; otherwise it shall be and remain in full force and effect.
•
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County (or city assignee)in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials 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 bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's .fees,
incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby
given to make such alteration without further notice to or consent by Surety;and the Surety hereby
waives the provisions of California Civil Code Section 2819, and holds itself bound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on Septenber 23 2004
Shapell Industries of Northern California,
A Division of Shaapell Induatrries, Inc. , National Fire Insurance Cc mpany
PRINCIPAL: a Delaware Corp. SURETY: of Hartford
Address: 100 N. Milpitas Blvd. Address: 5820 Canoga Avenue, Suite 200
P it xtas CA 95035 �dl.a`'t d Hills CA 91367
City: P� Zip: ity: Zip:
By: � �
{- 7��t✓ t -r" Stocks Attorney-in-Fact
Print Name: � Print Name: Pamela L. ,
Title: S�T Wit' Title: Attorney-in-Fact
Dy:
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Nam and Title:
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT '>
State of California
County of Santa Clara
On September 24,2004,before me,Janice T. Kruse, Notary Public personally
appeared,J.C. Truebridge& Kett Cox personally known to me to be the persons whose
> 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 5
instrument the persons,or the entity upon behalf of which the persons acted, executed the
instrument. '>
S S�
`>
JANICE T.KRUSE >�
Cornmisslon# 1318697
Notary Public Callf smia ITNESS my hand and official seal. >>
Santa Clara County
SignAture of Notary Public `>
Optional In tion
Title or Type of Document: Improyement Bond- Landscape RAI 139 `>
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries,Inc.
- . �-^:,-_n.,.,,,.ti-.,.,. :v�;..ivy.t.'v�.-•:�,w�wrn.r-�..�,.n.'v�.'v��r.��n...'�-�,��.., '_�.�.,ti'�,� ..,. �. .ti.:(_ �.�':^'.ti.�. - :i�:i sr�`N✓vNi�i�:.�sw,%i".:�N;`^rv'✓.'.'>;.
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
0
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY, an Illinois corporation,NATIONAL FIRE
INSURANCE COMPANY OF HARTFORD,a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING,
PENNSYLVANIA,a Pennsylvania corporation(herein collectively called'the CCC Surety Companies*),are 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 signature and seals
herein affixed hereby make,constitute and appoint
- Pamela L.Stocks, BeverlyA. HallSandra V. Hanner, Individually
of Sherman Oaks,California
their true and lawful Attomey(s)4n-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
I -In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed,
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse
hereof,duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 7th day of January —1 2000
CONTINENTAL CASUALTY COMPANY
*S-"P44_!'NN QtA� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
0'
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
JVLY 11,
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,ss:
On this 7th day of January ZOOO before me personally came
Marvin J. Cashion,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 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 seals;that they were so affixed
pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,
and acknowledges same to be the act and deed of said corporations,
"OFFICIAL SEAV
OLANS FAUU(NER
No"pubse.amit of 111111"s
C0W#rj*1Wft explit"oil 710
My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A. Rihikawskis,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 stiff in force,and further cartify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the
said corporations this 23rd day of 1_;j=tpMhe-.r 2D
QL
CONTINENTAL CASUALTY COMPANY
4 %*Wee'er NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
SMy 31,
EAL Q
Mary A. Ribikawskis Assistant Secretary
(Rov.1011/97)
Authorizing By-Laws and Resolutions
K
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article IX—Execution of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or
Group Vice President may,from time to time, appoint by written certificates 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 seat 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 seated 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 Vi--Execution of Obligations and Appointment of Aftorney-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 ail 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, 1953.
"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 Z 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 seated 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,Attomeys-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 seat of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or
the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the. Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 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."
f
State of alifomia
County of Los Angeles
On September 23,2004 before me, Sandy Hamner- Notary ublic
Data NAME, TITLE OF OFFICER., "JANE DOE NOTARY PUBLIC"
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
s ( ) personally known to me - OR --(_....) proved to me on the basis of satisfactory evidence to be
the person(g) whose name(*is)Axwubscribed to the within instrument and acknowledged to me that
l*she/*W executed the same in tdWher/tails.authorized capacity( 1, and that by /her/
signature(s) on the instrument the person(&), or the entity upon behalf of which the person(t acted,
executed the instrument.
WITNES y hand an Icial seal.
SANDY HANNER
Commission#1352157
-r: Notary Public-Caltmia $it3NA URE OF NOTARY
Los Angeles County
My Comm,Expires Jul 2,2006 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
} INDIVIDUAL
(__} CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
(_....) PARTNER(S) (_ _) LIMITED
( ) GENERAL
NUMBER OF PACES
( )
ATTORNEY-IN-FACT
TRUSTEE(S)
( . �) GUARDIAN/CONSERVATOR
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
0-107426.8 R.
TO: BOARD OF SUPERVISORS
FROM: MAUR.ICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: November 30, 20€14
SUBJECT: Approving the Subdivision Agreement(Right-of-Way Landscaping),RA 02-01139.
srECIFIC REQUEST(s)ox"COMM sATtox(s)&8ACYo?.0UND AND JUSTICAMriON
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ 616 for RA 02-01139 (cross-reference Subdivision 95-07984), approving the
Subdivision Agreement(Right-of-Way Landscaping),being developed by Shapell Industries of Northern California,
a division of Shapell Industries, Inc.,A Delaware Corp., San Ramon(Dougherty Valley)area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON S FOR.RECOMMENDATION (S):
RA 02-0111.39 has been reviewed and processed by Public Works staff and meets all applicable conditions of
approval regarding landscape improvements in Subdivision 95-07984.
CONSEQUENCES OF NEGATIVE ACTION:
The Subdivision Agreement(Right-of-Way Landscaping)will not be approved.
Continued on Attachment: SIGNATURE:
17CMMENIIATIUN Z;F'MTV AFMI ISTRA OR
RECOMMENDATION OF BOARD COMMITTEE
PPROVE OTHER
SIGNATURE(S)
ACTION OF Btu ON NOVEN APPROVED AS RECOMMENDEDXX 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: N0VF2,,QER 30, 2004
JOHN SWEETE�3, Clerk of the Board of
fy:m
Cs:\CTD&t&TnSSvcY801 004111-30-04NRA02-01139Ordar.doc Supervisors and County Administrator
Orig.Div., Public Works(ES)
Contact: Teti kie(333-236-1)
cc: Public Works- T.BeH,Construction
Current Planning,Community Development
T—September 30,200S(P1)
Shapali industries of Nonhem California
Arm 8.Wrorden,r Wd By *Deputy
106 N.Milpitas Blvd.
Milpitas,CA 93035
National Fire Insurance Company of Hanford
Atte:P.Stocks
$am Canoga Ave.,Suite 346
Woodland Hills,CA 91461