HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-624 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
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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
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RESOLUTION NO.2004/ 624
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 02-
08686, being developed by Shapell Industries of Northern California, a Division
of Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District 111)
L The following document was presented for Board approval this date for Subdivision 02-
08686, 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., 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:
L Cash Deposit
Deposit Amount: $3,100.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 433275 October 21, 2004
JY:rm I hereby certify that this is a true and correct copy of an
G:\C,rpData\Engsvc\3012004\11-30-04\srt 02-08686 BO-16.doc
Originator: Public Works(ES) action taken and entered on the minutes of the Board of
Contact: Teri Rie(313-2363) Supervisors on the date shown.
cc: Public Works- T.Bell,Construction
Current Planning,Community Development
T-September 34,2044 ATTESTED: NOVEMBER•30, 2004
Shaped Industries of Northern California
;00 N.Milpitas Blvd. JOHN SWEETEN, Clerk of the Board of Supervisors and
Milpitas,CA 95035 County Administrator
Attn:J.Gold,S.Worden,and S.Savage
National Fire Insurance Company of Hartford
5820 Canoga Ave.,Suite 3.00
Woodland Hills,CA 91367
Attn:Pamela L.Stocks By Deputy
RESOLUTION NO.2004/ 624
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 02-
08686, being developed by Shapell Industries of Northern California, a Division
of Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District 111)
DATE: November 30, 2004
PAGE: 2
II. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929 299 768 October 4, 2004
Performance Amount: $311,000.00
Labor&Materials Amount: $157,050.00
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc.,
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way
Landscaping)is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/624
SUBDIVISION AGREEMENT
(Might of Way Landscaping)
(Government Code §66462 and §66463)
Subdivision. 86€36 K15) Effective Date:. Nin
Subdivider: Shacell Industries of Northern California, Completion Period: 1 year
A Division of Shapell Industries, Inc.
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER:
Maurice M.Shiu, Public Works Directp Shar)ell Industries of Northern California,
A Division of Shapell Industries. Inc.
By: (signature)
(pint name le) r
+i�jUttt'If.' C F0
RECOMMENDED FOR APPROVAL:
By: (signature) r �' -"• m,./
Engineering Services # sion (pint name& ie)
FORM APPROVED: Victor J.Westman, County Counsels
(NOTE:AN signatures to be acknowledged. if Subdivider is incorporated,
signatures roust 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 Subdivlder,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private),drainage improvements,
signs, street lights, 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
rullngs 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 Performance and Guarantee: $3.100 cash,plus additional security,in the amount of$311000 which together total
one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the o T7
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$157.050,which is fifty percent(50%)of the estimated cost of the work. Such
security is presented in the form of:
Cash,certified check,or cashlees check
X Acceptable corporate surety bond.
Acceptable irrevocable tetter of credit.
With this security,the Subdivider guarantees 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§94-4.4061 and§94-4.408 of the Ordinance Cade.
4. GUARANTEE AND WARRANTY OF WORK. Subdividerguarantees that said work shall be free from defects in mater€a#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. it
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 WARRANR. 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 COUNT(. 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 comp€y with any of the terms and conditions hereof.
8. 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 proceeding(s)concerning
said liabilities and claims.
C. The actions causinlll are any act or omission(negligent or non-negligent)in connectionwith the matters covered by
this Agreement and attributable to t e ubdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of there;
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 orwillful misconduct of
any Indemnity.
9. CQSTS: 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 satlsfactionof the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND OSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and
subsequent extensions, or fails to maintain t e work, the County may proceed to complete and/or maintain the work y 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 it
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 subdivision 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.
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GAGrpOata\EngSvc151ava\Ga1e Ranch Phase 2-(SCS 7984)1$686(NIS)\8686 Landscape Impr,Agreernant.doc
Rev.May 18.2001
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On October 12,2004,before me, Janice T. ruse,Notary Public personally appeared,
Robert D. Moore & Marie A. Cook 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.
JANZE F.KRUSE
Commission 1318697 [ WITNESS my hand and official seal.
•� - Notary Public•California
Santa Clara County
My Comm.ExpkwAug 24,2005 -
4Siatu�re-of Notary Public
Optional 16-f6rmation z
Title or Type of Document: Subdivision Agreement-Right of Way Landscaping,
<s 8686,Neiyhborhood 15
Capacity Claimed by Signer: Assistant Vice President# -Shalpetl Industries. Inc.
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110 THE TREASURER:
MARTfNEZ,CALIFORNIA
tECENM FROM
ORGANZATION NUMBER
(Far C 2%h Collactian P m4edums see County Adnvnwm Ws Bulletin 105.)
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' consists of the following dems
CONN anal CURRENCY 3
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BANK DEPOSITS
FOR AUDITOR-CONTROLLER USE ONLY
E*POSIT
PERMIT D
NUMBER
DATE
EASSIGNEB 43327 QGT-2
ie amount of money desr #d above is for T s receipt of above am6irnt is Receipt of obawe amount is h6reby
deposit into the cakar Tmasmy. ackn-6dge&
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0685-9752: G114O863, $2,46.5.00, Traffic Boypoint, First American
Title Co., 1355 Willow Way, Ste 100, Concord, Ca. 94520
828500-0800: G14O863, $1,446.00, ECC, First American Title Co.,
1355 Willow Way, Ste 100, Concord, Co. 94520
8289030-0800: G14O863, 6,622.00, ECTIA, First American Title
Co., 1355 Willow Way, Ste 100, Concord, Ca. 94520
4
819800-0800: G1158917, $3,100.00, Sub 8686-Cash Bond, Shapell
Industries of Northern California, 100 N. Milpitas Blvd., Milpitas, Ca.
95035
0649-9665: G1158917, $17,600.00, Landscape Inspection, Shapell
Industries of Northern California, 100 N, Milpitas Blvd., Milpitas, Ca.
}5035
0649-9665: 01158918, $500.00, Record of Land Survey RS 2953,
address @ Willow: Sequoia Ave, Walnut Creek, Ca. 94595, Eighty-
Eight willow LLC, 21 Arlene Lane, Walnut Creek, Ca. 94595
0649-9665: G1158919, $500.00, Record of Survey RS 2959, site:
1735 Via Lucia Way, Alamo, Ca. 94527, Gail Flander Jones, 1581 Las
Trampas Road, Alamo, Co. 94507
0649-9665, G115892O, $500.00, Record of Survey RS 2955, Site:
2072 Walnut Blvd., Walnut Creek, Ca. 94597, Scott A. Whitacre,
2072 Walnut Blvd., Walnut Creek, Ca. 94597
0649-3665: G1158921, JjZqO.00, Sub 8747 Mopcheck Fee, Denova
Homes, Inc., 333 Civic Drive, pleasant Will, Ca. 94523 (925) 685-0110
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COUNTY ~'F CONTRA COSTA -- GENER"IL RECEIPT
1NISCOPY lS G �.l 5891
DEPT: �r 1 `s "' +- NOT A RECEIPT
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GIRDER C723E
By.
(057,REV.7108)
Subdivision: 8686(N...15)
Bond No.: 929 299 768
Premium: $2,333.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping,and other related improvements in Subdivision 8686 as
specified in the Subdivision Agreement(Right of Way Landscaping),and to complete said work within the
time specified for completion in the Subdivision Agreement(Right of Way Landscaping),all in accordance
with State and local laws and ruling-,thereunder in order to satisfy conditions for filing of the Final Map or
Parcel Map for said Subdivision.
2. OBLIGATION: Shapell Industries of Northern California,A Division of Sha-vell Industries,Inc.,as Principal,
and National Fire Insurance Coml)anv of Hartford, a corporation organized existing under the laws of the
State of CT,and authorized to transact surety business in California,as Surety,hereby jointly and severally
bind ourselves,our heirs,executors,administrators,successors,and assigns to the County of Contra Costa,
California to pay it:
A. Performance and Guarantee: Three Hundred Eleven Thousand Dollars($ 311,000)for itself or
any city assignee under the above County Subdivision Agreement,plus
B. Payment: One Hundred Fifty Seven Thousand Fifty Dollars ($ 157050) to secure the claims to
which reference is made in Title XV(commencing with Section 3082)of Part 4 of Division III 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,*tben this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of 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 tamed 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 October 4, 2004
Shapell Industries of Northern California, a Division
of Shapell Industries, Inc. , a Delaware National Fire Insurance Carrpany
PRINCIPAL: Corporation SURETY: of Harford
Address: 100._N. Milpitas Blvd. Address: 5520 Canaga kve.� Suite 200
City: Milpitas CA Zip: 95035C' y: Wood1 d Hills, CAZip; 91367
Print 1vTame ` "r !�� ��/ � z�- Print Name: P1s L. Stocks-
--Title- '� ✓f" _ Title: _ Attorney-ln-Fact:
By: tr4------'
Printed Name and Title
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G.1GrpDita\IingSvc\S!ava\Cafc Ranch Phase 2-(SD 7984)\,8686(N1,5)\8686 Landscape Bond A atemcni.doc
Rev.June 17.1499
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CALIFORNIA ALL PURPOSE ACKNOWLEDCMLN'T �
S
S
State of California
s
County of Santa Mara
On October 12,2004,before me,Janice T. Kruse,Notary Public personally appeared,
J.C.Truebridge & Robert D. Moore 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.
..r ,.`
JANICE t l<lzus
Commission# 1318697 WITNESS my hand and official seal, �
-+ Notary Public-Cttofvnla
Santa data County
MY Coram. Aug 24, >
Si ature of Notary public
Optional In mation
Title or Type of Document: Improvement Security Bound-929299768,Tract 8686,
Neighborhood 15
1>5}
Capacity Claimed by Signer: Assistant Vice President f S"hapeil Industries,Inc. ?>
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Knew All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE
INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,
PENNSYLVANIA, a Pennsylvania corporation(herein collectively called`the CCC Surety Companies"), are duly organized and existing
corporations having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signature and seals
herein affixed hereby make,constitute and appoint
Pamela L.Stacks, Beverly A.Hall, Sandra V. Hanner, Individually
of Sherman Oaks,California
their true and lawful Attorneys)-its-Fact with full power and authority hereby conferred to sign,seat and execute for and on their behalf
bonds,undertakings and other obligatory instruments of similar nature
In Unlimited Amounts
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse
hereof, duly adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 7th day of January 1 2000
CONTINENTAL CASUALTY COMPANY
pct` �tr 4s ��� �pp►oror NATIONAL,FIRE INSURANCE COMPANY OF HARTFORD
i AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
My it,
A/
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�c7 SEAL
tss7 �� •
State of Illinois, County of Cook,ss: Marvin J.Cashion group Vice President
On this 7th day of January, , 2000 ,before me personalty 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 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.
♦i;iiiiiiifiiiiiiiiiiiiiii�
# "OFFICIAI. SEAL" •
* DIANE FA£U(NER
• Wit.*ata of Minaitt
+r my CatrnttrtiaSkM bwk"oil 11011 ;
♦+►+li+►i!!i#i!!!!!ii iiii#i i iii
My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
1,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 Pourer 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 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 4th day of October 2004.
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
July °IXZ '
Mary A. Ribikawskis Assistant Secretary
(Rev.1011tE7)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article€X—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 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 V€—=Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or
Group Vice President may,from time to time,appoint by written certificates 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 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is
attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
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 Attt?rney-in-Fact."
i
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 seat
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 seat shall be
valid and binding on the Corporation.Any such power so executed and sealed and cer#ffied 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 Cal- rn;a
County of Los Angeles
On October 4,2004 before me, Sandy-Hann r- NotarvEublic
Date NAME, TITLE OF OFFICER„ "JANE DOE, NOTARY PUBLIC'
personally appeared Pamela L. Stacks
NAME(S)OF SIGNERS}
( } personally known to me -'OR - (._...,,) proved to me on the basis of satisfactory evidence to be
the person(s) whose name(*is/aseaubscribed to the within instrument and acknowledged to me that
WshetkW executed the samein bdrJher/fit authorized capacity, and that by I her/ l€
signature($) on the instrument the person(&), or the entity upon behalf of which the person(o acted,
executed the instrument:.
WITNESSmy band anva
d offigi seal.
r7li��X SANDY HANKER
Commission#1362157
Notary Public-California �¢ '' SIGNATIDRE OF NOTARY
Los Angelos County
My Comm,Expires Jul 2,2W6 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
{ ATTORNEYIN-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
G-107426-6 A
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: November 30, 2004
SUBJECT: Approving the Subdivision Agreement(Right-of-Way Landscaping), SD 02-08686.
SPECIFIC REQUESTS)OR MMOMMENDATION(S)&BACKGROUND AND JUSTIFIC70N
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ 624 for Subdivision 02-08686,Approve Subdivision Agreement(Right of Way
Landscaping)for Subdivision 02-08686,being developed by Shapell Industries ofNorthern California,a Division of
Shapell Industries,Inc., San Ramon(Dougherty Valley)area. (District 111)
t
FISCAL IMPACT:
None.
BACKGROUNDIREASON(S)FOR RECOMMENDATION(S):
Subdivision 02-08686 has been reviewed and processed by Public Work's staff and meets all applicable Conditions
of Approval regarding landscape improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Subdivision Agreement(Right-of-Way Landscaping)will not be approved and landscape improvements will
not be completed.
Continued on Attachment-- SIGNATURE:
=41EFOKIMENTAMIFROF CZ;UNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
—APPROVE OTHER
SIGNATURES��—
amm"
ACTION OF BJRD ON N(1VEMn 30, 2004 APPROVED AS RECOMMENDED X 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 SUTERVISORS date shown.
XX UNANIMOUS(ABSENT NONE
AYES: NOES:
ABSENT:—ABSTAIN: ATTESTED: NOVEMER 30, 2004
JOHN SWEETEN, Clerk of the Board of
Mrm
G:\CkpDatalEngSvc1B012004131-30-04tSD 02-08686 0,deudoc Supervisors and County Administrator.
Orip,Div: Public Works(ES)
Contact: Teri Ric(313,2363)
Public Works- T.Bell,Construction
Current Planning,Community Development
T—September 30,2005)
Shap0l$mittetries of Noilhem California By Deputy
100 N.Milpitas Blvd-
Milpitas,CA 95015
Atm`:1.Gold,S.Worder,
Nationaki Fire Insurance Company of Hartford
5 820 CWm086 Ave.,Suite 200
Woodland MIN,CA 91367
Ann.Pamelal- Stocks