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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-586 CONTRA CvsT Co Recorder Office Recorded at the request of- STEPS L. VEJ ,Clerk-Recorder Contra Costa County 1i1 D � 1 —93601 g� Board of Supervisors Return to: Wednresdsy, SEP' 21, 2005 11:48:24 Public Works Department FRE se Engineering Services Division TL 1 'Pd 10 00 Nbr•1168360 t tl 1 r�lF�9f 1-9 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 Uilkema NOES: None ABSENT: None ABSTAIN: None R»SOI ON l O, 2� 5 N$ SUBJECT: Accepting completion of improvements''for Subdivision Agreement(Right of Way Landscaping)for DA 03-00027(cross-reference Subdivision 99-08306),San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located south of Bollinger Canyon Road along Main Branch Alamo Creek. The public Works Director has notified this Board that the Right of Way Landscaping improvements for DA 03-00027 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. LT:rm G:\GrpData\EngSvc\BO\2005\0920\DA 03-00027 BO-45 Dv.doc Originator: Public Works(ES)' Contact: Teri Rie(313-2363)" Recording to be completed by COB I hereby certify that this is a true and correct copy I.D.95-2578030 Shapell of an action taken and entered on the minutes of cc: Public Works T.Bell,,Construction Div. M.Valdez,M&T Lab the Board of Supervisors on the date shown. H.Finch,Maintenance Div. -C.Mohammed,Engineering Svc. T.-July 20,2006 ATTESTED: SEPTEMBER 20, 2005 Sheriff-Patrol Div.Commander CHP,c%Al CSAA-Cartog;. JOHN SWEETEN, Clerk of the Board of Chris Low,City of San Ramon Supervisors and County Administrator 2222 Camino Ramon San Raman,CA 94583 Shapely Industries 100 N.Milpitas Blvd, Milpitas,CA 95035 B�eputy Atm:Sam WordenNational Fire Insurance Company of Hartford s 21650 Oxnard Street,Suite 500-4 Woodland Hills,CA 91367 Attn:Pamela L.Stocks RESOLUTION NO.2005/586 SUBJECT: Accepting completion of improvements for Subdivision Agreement(Right of Way Landscaping)for DA 03-00027(cross-reference Subdivision 99-08306), San Ramon (Dougherty Valley)area. (District III)' DATE. September 20,2005 PAGE: 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 AQR.EE ENT NAME OF SURETY August 17,2004 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials) surety for$173,150.00, Bond No. 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 AITTHORI ED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements on Main Branch Alamo'Creep are ACCEPTED AS COMPLETE. Upon acceptance by the Beard 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$3,500.00 cash deposit(Auditor's Deposit Permit No.424359,dated May 11,2004)made by Shapell Industries,and the performance/maintenance surety bond rider for $51,420.00, Band No. 929299747 issued by National Fire'Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2005/586 ETY DA-0027,Gale Ranch Ill,(XREF SUB 8306) INCREASE -DECREASE RIDER TO BE ATTACHED 70 and form part of Bond Number 929 299747 issued by the National Fire Insurance Company of Hartford — I as Surety,on behalf of Shapell industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp. of Milpitas,CA hereinafter referred to as the Principal, and in favor of Counly of Contra Costa of Martinez CA hereinafter referred to as the Obligee, effective the day of Auoust 2005 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the I st day of At BLit I 2nnrl ,and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby 'DECREASED" from the sum of Three Hundred Forty Two Thousand Eight Hundred No/1 00** Dollars($ 342.800.00" to the sum of Fifty One Thousand Four Hundred Twenty No/IDD** Dollars($ 51,420.00** ). 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 Three Hundred Forty Two Thousand Eight Hundred No/100** Dollars($ 342,800.00— or for any loss occurring subsequent to said date shall not exceed the sum of Fifty One Thousand Four Hundred Twenty No/1 00** Dollars($ 51,420.00** 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 Northam Califortila, a Division Countyof Contra Costa of Shape[[Industries, Inc., a Delaware Corp. (Principal) BY By (Seal) J C'. T)TUEBRIME, ASST. V.P. By (Sea� ROBERT D. MOORET -ASST.' V.P. National Fire.Insurance Company of Hartford Form F4763 (S t 7210/ (Seal) Pamela L.Stocks Attorncy-in-Faet 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.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 opacity, and that by their signature on the instrument the persons, or the entity upon behalf ofwhich'the persons acted, executed the instrument. JANICE L KttllSE WITNESS my hand and official seal. J Commission## 1318 4Situ°,� Notary Public-Calltornia.� Santa Clara County ,MyComm.Expires Aug 24,2i)Q5 Notary Public Optional Information Title or Type of Document: Decrease.,Rider Tract 8306-#929299747 Capacity Claimed by Signer: Assistant VicePresidents of Shapell Industries.Inc. Know All Men By These Presents„That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hanford,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 snake,constitute and appoint Pamela t Stocks,iReverly A HaRt Sandra v Manner,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 ofAttorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,truly adopted,as indicated,by the Boaxds of directors of the 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 21 at day of March;2005, AS Continental Casualty Company National Fire Insurance Company of Hartford' a American Casualty Company of Reading,Pennsylvania XY 1. t � , • Michael Crngler Se Vice President State of Illinois,County of Cools,ss: On this 21st day of March,2005,before me personally came Michael-Gengler to me known,who,being by me duly sw€m,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 irrstrthnent;that he knows the seals of said corpora iow that the seals afftxpd to tyre said'instrument are such corporate-seals;#hat 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. OFR IAC.SEAL • My Commission Expires September 17,2005 Eliza Prig Notary Public CERT[FICATE I Mary A.Ribikawakis,Assistant Secretary of Continental Casualty Company,an 11Iinois corporation,National Fire Irisurance 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 cif 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 August 20.05 GSL; Continental Casualty Company ,e National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Mary A. ikafjkis Assistant Secretary Form F6853-111200'1 ............................ ............ ...................... ...... ............... ................. ............................. ................. 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 following Py-Law duly.adopted by the Board of Directors of the Company. "Article IX-nexecution 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 sea]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 attomeywin-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 or any Executive, Senior or Group Vice President andthe 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 executed facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified y certificate so exe ut d 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 VP—Execution of Obligations and AppointmentofAttorney-In-Fact.. Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive,,Seniot or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act..in behalf of the Companyth.in e execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-min-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 shy 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 attomey-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 Comp any at a meeting duly called and held on the I 7*day of February,1993: "Resolved,that the signature of the President or any Executive,Senior or Group,Vice President and the seal of the Comp y may be affixed by an in 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 certificate Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or cm icate 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 shalt,with respect to any bond or undertaking to which it is attached,continue tobe 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 Presidefit,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"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:l.7, 1993 and the signature of a Secretary or an AsMstan t Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such Assistant power, and any power or certificate bearing such facsimile signature and seal "I be,valid and binding on the,Corporation. Any such power go executed and sealed andcertified by certificate so executed and sealed,shall with respect to any bond or un dertaking to which it is attached,continue to be valid and binding on the Corporation. Mr Stake of Califomia County of Los Angeles On August 1.2005before-me, Sandy Hanner-Notary Public 0*t! NAME. TITLE O3 ©i=FICEp,. "JANE E. NOTARY PUBLIC` personalty appeared Pamela L.Stocks NAME(S)OF SIGNER(S) ( x ) personally known to me—OR — (._.,_)proved to me on the basis of satisfactory evidence to be the person(t) whose name(t)is/am subscribed to the within instrument and acknowledgedto me that brit/she/It"executed the same in*Wher/ftir'authorized capsclty#hie), and that by bj%dher/WV& signature(s)on the instrument the person(#), or the entity upon behalf of which the person(s) acted, executed the instrument. j : .._. WITNESS° t y hand and official goal. SANDY HANiR ' ' ---' Commission*1362157 ( i,' �i Notary'Public-California ' SIGNATURE OF NOTARY Lets Argeles County MY Com Expires Jul 2,2406 OPTIONAI. Though the data below Is not required by law, it may prover valuable to persons relying on the document and could prevent traudutent reattachment of this form'. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ( ) INDIVIDUAL (.r3 CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) ._) LIMITED (_..) GENERAL NUMBER OF PAGES (X) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR (.�) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTI"iY(JES) National Fire lnsliranCe CgrnDArLy cif Hartford SIGNER(S) OTHER THAN NAMED ABOVE 0.107:25-9 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (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, Nd, and The Continental Insurance-Company. DISCLOSURE 'CSF PREMIUM The premium;,attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00): DISOWSURE OF FE—D—ERAL E&MCIELTIONP F ERRO IS LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable suretylinsuser deductible: Form F7310