HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-585 CONTRA TSTA Ga Recorder Off ice
STEPHEN L. WEIROlerk-Recorder
Recorded at the request of. .0360190-00
0360'1 90'-V 0
Contra Costa county, DOC— �J
Board of supervisors Wednesday, SEP 21, 20$3 11:49>:18
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Engineering Services Division
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 20, 2005,by the following vote:
AYES: Gioia,Piepho,DeSaulnier,Glover and Ui kema
NOES: Nona
ABSENT: None
ABSTAIN:"None
,OLU`l' ON NO.24�51 $5
SUBJECT: Accepting completion of improvements for Subdivision Agreement(Right of Way
Landscaping)for DA 02-00014(cross-reference Subdivision 95-07984),San Ramon
(Dougherty Valley) area. (District III)
These improvements are approximately located along the west side of Daugherty Road.
The Public Works Director has notified this Board that the Right of Way Landscaping
improvements for DA 02-00014 have been completed as provided in the Subdivision Agreement'
(Right of Way Landscaping)with Shapell Industries of Northern California, a Division of Shapell'
Industries,Inc.,a Delaware Corp.,heretofore approved by this Board in conjunction with the filing'
of the Subdivision.Map.
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G:\GrpData\EngSvc\BO\2005\09-20\DA 02-00014 B045 DV.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
ContaRecords Teri Rip completed
363) action taken and entered on the minutes of the Board of
Recording to be completed by COB
I.D.95-2578030 Shapell Supervisors on the date shown.
cc: Public Works =T.Bell,Construction Div,
-M.Valdez,M&T`Lab
= -H.Finch,Maintenance Div. ATTESTED: SEPTEMBER 20, 2005
-1.Bergeron,Mapping Div.
-C.Mohammed,Engineering Svc. JOHN SWEETEN,'Clerk of the Board of Supervisors and
-T.—July 20,2006 County Administrator
Sheriff-:Patrol Divi Commander
CHP,c/o Al
CSAA-Cartog
Chris Low,City of San Ramon
2222 Camino Ramon San Ramon,CA 94583 By ,Deputy
Shapell Industries'
100 N.Milpitas Blvd:
Milpitas,CA 95035
Attn:Sam Worden
National Fire insurance Company of Hartford
21650 Oxnard Street,Suite 6004
Woodland Hills,CA 91367
Attn:Pamela L.Stocks
RESOLUTION NO.2005/ 585
SUBJECT: Accepting completion of improvements for Subdivision Agreement(Right of Way
Landscaping)for DA 02-00014(cross-reference Subdivision 95-07984),San Ramon
(Dougherty Valley) area. (District III)
DATE: September 20 2005,
PAGE 2
NOW THEREFORE BE IT RESOLVED that the landscape improvements have been
COMPLETED as of September 20,2005 thereby establishing the six-month terminal period for the
filing of liens in case of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF SURETY
October 1, 2002 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment(labor and materials) surety for$235,900.00,
Bond No. 929247999 issued by the above surety be RETAINED for the six month lien guarantee ,
period until March 20,2006,at which time the Clerk of the Board is AUTHORIZED to release the
surety less the amount of any claims on fire.
BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements on the
West Branch of Alamo Creek are ACCEPTED AS COMPLETE.Upon acceptance by the Board of
Supervisors, the developer, Shapell Industries of Northern California, "a Division of Shapell
Industries,'Inc., a Delaware Corp., shall maintain the landscape improvements for five years in
accordance with the Gale Ranch Mitigation Monitoring'Plan.
BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period
is hereby established and the$4,700.00 cash deposit(Auditor's Deposit Permit No.392399,dated
September' 4, 2002) made by Shapell Industries of Northern California, and the
performance/maintenance surety bond rider for $70,065.00,;;,Bond No. 929247999 issued by
National Fire Insurance'Company of Hartford be RETAINED pursuant to the requirements of
Section 94-4.406 of the Ordinance Code until release by this Board:'
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2005/585
DA-0014,Gale Ranch 11,(XREF SUB 7984)
INCREASE -DECREASE RIDER``
TO BE ATTACHED TO and farm part of Bond Number 929 247 999 issued by the
National Fire Insurance Company of Hartford as
Surety,,on behalf of Shapell industries of Northern California,a Division of Shapell Industries,Inc'.,a Delaware Carp. of
Milpitas,CA hereinafter referred
to as the Principal,and in favor of County of Contra Costa
of Martinez CA hereinafter
referred to as the Obligee, effective the 1st day of Auoust 2005
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable: consideration it
is understood and agreed that effective the 1st day of August—, 21105 and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby "DECREASED" _,from the sum of
Four Hundred Sixty Seven Thousand One Hundred No/100'"* Dollars($`67,100,00" —),to the
sum of Seventy Thousand Sixty Five No/100"*" Dollars($ 70;065.00"`
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the
attached bond,the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the
sum of Four Hundred Sixty Seven Thousand One Hundred No/100""" Dollars($ 467.100.0 0** )
or for any loss occurring subsequent tosaiddate shall not exceed the sum of
Seventy Thousand Sixty Five No/100*— Dollars($70,065.00" Y
In no event, however, shall the aggregate liability of the Surety exceed the;larger.of the aforementioned sums,it
being the intent hereof to preclude cumulative liability.
SIGNED, SEALED AND DATED this 1st day of August,2005
Accepted By: Shapell industries of Northern California,a Division
Countyof Contra Costa of Shapell Industries, Inc, a Delaware Corp.
(Principal) F
I
By Byt!'it a Seal
I1^ 1(( P
By / t i Y. t + .
National Fire Insurance Company of Hartford
..Form F4763 ( urety)
By _--(Seal)
Pamela`L.Stocks Attorncy-in,•Fact
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara'
On August 2,;2005,before me,Janice T. Kruse, Notary Public personally appeared,
J.C.Truebri+dge& Robert D. Moore personally known to me to be the persons whose
names are subscribed to the within instrument and acknowledged to methat 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.
OMYJANICE LKRUSE WITNESS my hand and official seal.
Commission# 1318697 l-✓,
Notary Public-CaliforniaSanto Clara County Comm,Expkes Aug 24.2005
Signature of Notary Public
Optional Information
Title or Type of Document: Decrease Rider Tract 7984-;#929247999
Capacity Claimed by Signer: Assistant Vice Presidents of Shapell Industries,Inc
Know All Men 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,and 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 Banner,Gina O'Shea,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 ofthe corporations.
In Witness'Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 2l st day of March,2005.
Continental Casualty Company
National Fire Insurance Company of Hartford
aoa�rr , r4 American'Casualty Company of Reading,Pennsylvania
• � nor st.
Y�17
Michael Gengier Sen Vice President
State of Illinois,County of Cook,ss:
On this 21st day of March,2005,before me personally came Michael Gengler to me known,who,being by me duly swum,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 thewere 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.
C>FMCFIALi$F.AI.
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My Commission Expires September I7,2005 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
printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
1St day of A'!7gUS t _2D 0
L_.
Continental Casualty Company
National l"ire Insurance Company of Hartford
�t+ aar� American Casualty Company of Reading,Pennsylvania
JULY 21.
1897
Mary A. ika is Assistant Secretary
Form'F6853-11/2001
................................................................................................ ........... .................. ..................... .................. ............ ........... ............
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 IX—Execution of Documents
Section 3. Appointment of Attorney-in-factThe Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice
.
-in-fact to act in behalf of the Company in the execution of policies of
President may, from time to time, appoint by written certificates attorneys
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 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 at a 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 suchpower and any power or certificate bearing such
facsimile signature and seat shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any 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 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 attomeys-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 attomeys-in-fac subject tothe 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-infact.
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'b 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 maybe 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:
of the following Resolution duly adopted on February 17, 1993 by the Board
This Power of Attorney is made and executed pursuant to and by authority
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 17'h 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 far-simile signature and seal shall be valid and binding onth
, e 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
August 1,2005 before me. Sandy Hanner-Notary Public
On NAME.TITLE OF OFFICER,,"JANE DOE NOTARY PUBLIC"
Pamela L.Stocks
personally appearedNAME{S)E7F$tGNER(S)
(X) personally known to me-OR -(---)proved to me on the basis of satisfactory evidence to be
the persona)whose name(*) Islam subscribed to the within instrument and acknowledged to me that
halshetth t executed the Same in*ala/herlf(xeir authorized capacityf1m), and that by 6tWher/ma
signature(s)on the instrument the person(, or the entity upon behalf of which the persons) acted,
executed the instrument. f�
WITNESS my hand and_91ftial seal.'
SANDYHANNER
I Commission#1362157
Notary Public-Cefifamia Sti3NA RE OP NOTA YR
Los Angeles qty
My Gomm. Ielires Jr�l" 2II06 OPTIONAL
Though the data below is not required by law, It may prove vatuabie to persons relying on She 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
{i)
PARTNER(S) (._..} LIMITED
( )
GENERAL
NUMBER OF PAGES
(..Z) ATTORNEY-IN-FACT
TRUSTEE{S)
GUARDIAN/CONSERVATOR
{ _:) OTHER
DATE OF DOCUMENT
SMER IS REPAESiEWINQ.
NAME OF PERSON(S) Oft ENTITY(IES)
Natinnal Firm Inguranne Qnmoany of Hartford
SIGNER(S)OTHER THAN NAMED ABOVE
c3,tc>'s�.y
NaTICE
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 (milertively 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 Firdmen's
Insurance'Company of Newark, NJ, and The Continental Insurance Company.
Tl7CC'T FSR` OF PT1ViUM
The,premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0;00).
TIC
IPA—ATON IN PAYMENT OF:T R RIS
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Form;FMIO