HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-608 Recorded at the request of: CON� TR'` COSTA Co Recorder y'f f,�ce
Contra Costa County STEPEN L. R Clirk-Recorder
Board of Supervisors DOC. 200 —037034S-00
Return to: WedntsdlM
Public works Department Y, SEP 28, 2005 11:02:57
Engineering Services Division FRE $0.08
Ttl Pd $0,09 br-0002919799
Ire/RS/1-9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALII+O"to
Adopted this Resolution on September 27 2005,by the following vote:
AYES: Gioia,Piepho,DeSaulnier,`Glover, and Ulkema
NOES: None
ABSENT: None
ABSTAIN: None
RSOi 1`�TO 005{
SUBJECT: Accepting completion of landscape improvements for'Sb division Agreerrlent(Right
of Way Landscaping) for Subdivision 02-08631, San Ramon (Dougherty Valley)
area. (District III)
These improvements are approximately'located near Bollinger Canyon Road'and North
Wedgewood Road.
The Public Works Director has notified this Board that the Right of Way Landscaping
improvements for Subdivision 02-08631, have been completed as provided in the Subdivision
Agreement(Right of Way Landscaping)with Shapell Industries ofNorthern''California,a Division of
Shapell Industries, Inc'., a Delaware Corp., heretofore approved by this Board;
LT:rm
G:\GrpData\EngSvc\BO\2005109-27\SD 02-08631 BO-45 DV.doc
Originator: Public works(ES) I hereby certify that this is a true and correct Copy of an
Contact: 'fieri Ric(313-2363) action taken and entered on the minutes of the Board of
Recording to be completed by GOB
I.D.95-2578030 Supervisors'on the date shown:
cc: Public,`,Works' -T.Bell,Construction Div.
- Valdez,M&T Lab
I.
-I.Bergeron,Mapping Div. ATTESTED:
-L.Leong,Engineering Svc.
-T.-July,27,2006 JOHN SWEETEI<Clerk of the Board of Supervisors and
Sheriff--Patrol Div.Commander County Administrator
CHP:c/o Al ,
CSAA'-Cartog
Chris Low,City of San Ramon
2222 Camino Ramon San Ramon,CA 94583
Shapell Industries of Northern California,Attu:S Worden By , Deputy
100 N.Milpitas Blvd.,Milpitas,CA 95035
National Fire Insurance Company of Hartford,Attn:P Stocks
5820 Canoga Ave.,Ste 200,Woodland Hills,CA 91367
RESOLUTION NO.20051
SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(Right
of Way Landscaping)for 02-08631, San Ramon(Dougherty Valley)area. (District
III)
DATE: September 27,2005
PAGE: 2
NOW THEREFORE>BE IT RESOLVED that the landscape improvements have been
COMPLETED as of September 27,2005 thereby establishing the six-month terminal period for the
filing of liens in case of action under said Subdivision Agreement(Right of Way Landscaping):
DATE OF AGREEMENT NAME OF SURETY'
April 15,2003 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment(labor and materials) surety for$320,600.00,
Bond No.190 775 330'issued by the above surety be RETAINED for the six month lien guarantee
period until March 27,2006,at which time the Clerk of the Board is AUTHORIZED to release the
surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements on
Belladonna Drive and Camassia Way are ACCEPTED AS COMPLETE.Upon completion of the
warranty and maintenance period; the San Ramon City Council shall accept the landscape
improvements for maintenance in accordance with the Dougherty Valley Memorandum of
Understanding.
BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period
is hereby established,and the$6,400.00 cash deposit(Auditor's Deposit Permit No.398256,dated
December 31, 2002) made by Shapell Industries of Northern :California, and the
performance/maintenance surety band rider for'$95,220.00,'Bond'No. 190 775 330 issued by
National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of
Section 94-4.406 of the Ordinance Code until release by this Board.
All deposit permitsare on file with the Public Works Department.
e
710—
�'•� . � es"/� d'
�AM% T L Tract 8631,VillaP aseo,N-9
INCREASE -DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 190 775 330 issued by the
National Fire InsuranceCompany of Hartford ,as
Surety,on behalf of Shapell Industries of Northern California,a Division of Shaped industries,Inc.,a Delaware Corp. of
Milpitas CA hereinafter referred
to as the Principal,and in favor of CounlY of ontra st,9ta
of Martinez,CA hereinafter
referred to as the Obligee,effective the 19th day of December 2€702
IN CON,SIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that affective the 15th day of __ August 20[15 and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby *DECREASED** from the sum of
Six Hundred Thirty Four Thousand Eight Hundred No/100** Dollars($'634,800.00** to the
sum of Ninety Five Thousand Two Hundred Twenty No/100* Dollars($ 95,220,00*" ),
IT IS €URTHER 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 'Six Hundred rThiqy Four Thousand Eight Hundred Noll 00** Dollars($634.800.00*' )
or for any loss occurring subsequent to said date shall not exceed the sum of
Ninety Five Thousand Two Hundred Twenty No/101:1* Dollars($95,220.00*' ).
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 15th' day of August,2005
Accepted By. Shapell Industries of Northern California,a Division
County of Cort Costa of Shapell Industries,Inc., a Delaware Corp_
(Princi al)
a/
By By 4_. (Seat)
4CKN- OX,
T MOOiaE, F.SST. V.P.
By (Seal)
ASST. SEC .
Nat' ' e Insurance Company of Hartford
Form F4763 (`urefy
(Seal)
Pamela L. Stocks Attornoy;in-Fact
CALIFORNIA ALL PURPOSE ACIC40WLEDGM ENT
�= State of California
County of Santa Clara
On August 17, 2005,before me,Janice T. Kruse, Notary Public personally appeared
Robert D. Moore and Ken Cox known to me to be the persons whose name are .
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities, and that by their signature on the instrument, the persons or
the entity upon behalf of which the persons acted, executed the instrument.
JAhi10E T.KRUSE
Commission# 131118697
ITNESS my hand and official seal.
Notary Public-C0100rnia
Santa 01010 county
Nlycomm.upltesAug24.2i1t}5r _ ��4 � ✓ ,
Si` turn of Notary Public
Optional Information
Title or Type of Document: Decrease Rider-Tract 8631. -Villapaseo N-9
Capacity Claimed by Signer: Assistant Vice President and AssistantSecretary of
Shj2ell Industries,Inc.
1V♦�l%i\411 111 LL/Y1.1•L' 1 1111 V11♦1.YlvV Y1:v6.i1 v iY Lti1M 11.Y a Viii,iso x:avx �.""" ""'--"--
Know All Men lay These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a
'Connecticut corporation,and American Casualty Company of Reacting,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 Hanner,mina 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 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 2l st day of March,2005.
Continental Casualty Company
National Fire Insurance Company of Hatrtford
Aman ericCasualty Company of Reading, Pennsylvania
ov 9l_At art i,
Michael Gengler SenqFr`vice President
State of Illinois,County of Cook,ss:
On this 2l st day of March,2005,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that
he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National
Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of heading,Pennsylvania, a Pennsylvania coToration
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 Warne thereto
pursuant to like authority,and acknowledges sante to be.the act and deed'of said corporations.
;;;;;;M.
;;;;; il.SEAT
iitZA FlnC
+a�r�eiu`+Nawu N +wc
My Commission Expires September 17,20015 lsliza i'n a Notary Public
CERTIFICATE
I Mary A.Ribikawskis,Assistant Secretary of Continental Casualty;Company,an Illinois corporation,National Fire Insumnce'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
15th day of A119Wt ,2005
Continental Casualty Company
National Fire Insurance Company of Hartford
Atnencan Casualty Company of Reading,Pennsylvania
tso7
Form F6853-11/2001 Mary A.R ika is Assistant Secretary
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY;
This Power of Attorney is made and executed pursuant o 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 tray, from time to rime,;appoint by written certificates attnrneys-in-fact to act in behalf of the Company in the mention of policies of
insurance,bonds,;undertakings and other obligatory;instruments; of like nature. Suchattomeys-in-fact,'subject to the limitations set forth in their
respective cextificatts 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 ofirectors 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 ofthe
Company at a meeting duly called and held on the 17"day of February,1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the aeal 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 VI—Execution of Obligations and Appointment ent of Attarney In Fre t
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 itt behalf of the Company in the execution of policies of
insurance, bonds,undertakings and other obligatory'insuumerrts of tike 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 acid execution of arty such izistruments 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 l 7'h day of February,1993.
"Resolved,that the signature of the President or;any Executive,Senior or Group trice President and the-seal of the Company may be affixed by
facsimile.on any power of attorney granted pursusut 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 ofAttorney is tirade 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 Grouts 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 mature. Such Attorney-in-Fact;subject to the limitations set forth in their respective certificates of authority,shall'
have full power to bund the Corporation by Meir signature and execution of any such ins rent and to attach the seal ofthe 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 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
Company at a meeting duly called and held on the l 70'day of February,1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior lir Group Vice President and the seal of the
Corporation tray be affixed try 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 Corpxnration 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 theCorporation,"
State of California
County of Los Anel€is
On August 15,2005 before rne. Sandy Harmer-Notary Public
Owe NAME.TITLE Of OFFICER-'JANE 006. NOTARY PUBLIC"
personally appeared Pamela L.Stooks
NAMETS-)5 l NOX
{X) personally known to me OR-(.,_,_)proved to me on the basis of satisfactory evidence to be
the.,person(r)whose name(s)is/mw subscribed!to the within, instrument and acknowledged to me that
ka/shaltm executed the same intit/her/ft*authorized capaclty ), and that by Noel/her/t nkr
,signature#;)on the insttument the personti).or the entity upon behalf of which the'person(s) acted,
executed the instrument.
•i•,"i'•"�"••••• "a`"� itlttTNES3 �Yand offidal mai.
Commission#1362157 [
Notary Public-California � r,
Los Angeles County Str3NA E OF t�tt7!`ARY_..
My Comm.Expires Ju12.2006
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 oocuMENT
PARTNER(S) {' } LIMITED
GENERAL
NUMBER OF PAGES
(-X-) ATTORNEY-IN-FACT
( } TRUSTEE(5)
#._) GUARDIAN/CONSERVATOR
#... } OTHER
DATE OF DOCUMENT
SIGNER IS REPRES1: NG:
NAME OF PERSON(S) OR ENTITY{IES}
Naijanal FirQ laStV,-K Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
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 bands andinsureds on certaim insurance policies written by any one
or more of the following companies(collectively the "Writing Companies") as surety
or insurer:Western Surety Company,Universal Surety'of America.,'Surety Bonding
Company of America, Continental Casualty Company, National Fire Insurance:.
Company of'Hartford,American Casualty Company of Reading, PA, The Firemen's
Insurance Company of Newark., NJ, and The Continental Insurance Company.
DISCLOVIM QF PRE�1;
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
pjS()LQSURE OF FEDERAL T P TERRORISM
L
The United States will pay ninety percent (90fa)of covered terrorism losses exceeding
the applicable surety/insurer deductible,
Form F7310