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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-725 Am CONTRA COSTA Co, Recorder Off ice STEPHEN L. MR, Clerk Recorder Recorded at the request of.- vm0444443�00 Contra Costa County ��M1'�"' �� Board of Supervisors Wednotsday, NOV 16, 2005 14:21:44 Return to: FRE $0.010 Public Works Department Engineering Services Division Tt I Pd $0,00 Nbrm@003002216 I rc/R9/1-9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 15, 20051 by the following vote: AYES* Gio' ia,Piepho,: eau nicer,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None SUBJECT* Accepting completion of improvements for Hidden Crest Park,PA 02-00003 (cross reference SUB 95-07984). San Ramon(Dougherty Valley) area. (District 111) These improvements are approximately located near Asterbell Drive and Star Jasm*me Drive. The Public Works,Director has notified this Board that the improvements for PA 02-00003 (cross reference SUB 95-07984 have been completed leted as provided in the Subdivision(Right-of-Way Landscap ing)Agreement with Shapell Industries ofNorthern California,heretofore approved by this Board; LL:rm G:\GrpData\EngSvc\BO\2005\1 1-1 5\PA 02-00003 BO-45 DV.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of Recording to be completed by COB I.D.95-2578030 Supervisors on the date shown. cc: Public Works -T.Bell,Construction Div. -1 .Valdez,M&T Lab -I.Bergeron,Mapping Div. ATTESTED:/f/,,/ri7;,6,, ,/ /.,5 5 -B.Balangan,Engineering Svc. May 20 06 JOHN SWEETEN, Clerk of the Board of Supervisors and Serif Patrol Div.Commander County Administrator CHP,c/o Al CSAA-Cartog Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 BDeputy Shapell Industries of Northern California y V 100 N.Milpitas Blvd. Milpitas,,CA 95035 Attn:Sam Worden National Fire Insurance Company of Hartford 21650 Oxnard Street,#600-4 Woodland Hills,CA 91367 Attn:Margaret F.Leong RESOLUTION NO.2005/ AJE4 �`. tin completion of improvements for Hidden Crest Park,PA 2-00003(cross' reference SUB 95-07984). san Ramon piougherty valley) area. District III) TE. November 15, 2005 PAGE: NOW THEREFORE BE IT RESOLVED that the improvements ents have been COMPLETED as ofNovember.1 5,2005 thereby establishing the sig.-month terminal period for the filing of Iieus in case of action.under said. Subdivision(Right-of-Way Landscaping)Agreement: DATE OF AGREEMENT NAME OF SURETY September ber 17, 2002 National:dire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials)surety for 273,900.00,Bond No 929247992 issued by the above surety be RETAINED for the six month lien guarantee period until May 15 2006,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. B ITFURTHER ESOLVED that ridden Crest Park, the hereinafter described park, a shown and dedicated for public use on the Final Map of Subdivision 95-07984,8 , file. October 28, 2002, in Book 448 of Maps at Page 29, Lost Com, Official Records of Contra Costa County, Mate of Californi a, are ACCEPTED AS COMPLETE. . Parr Name API`s Number Area ,acres Hidden Crest Pari 222-250-109 2.06+ Upon acceptance by the Board of Supervisors,the San Ramon City Council shall accept the Hidden Crest Parr for maintenance in accordance with the Dougherty valley Memorandum of Understanding. BE IT FURTHER E S OLVE that the beginning of the warranty period is hereby established, and the$5,500.00 cash deposit(Auditor's Deposit Permit No. 391840,,dated August 22, 200 made by Sha ell Industries ofNorthern California, and the rforman a/mal to .a :ce surety bond.rider for$81,330.00,f and I` o.929 47992 issued b; National Fire Insurance Company of Hartford be DETAINED pursuant to the requirements of Section 4-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. F A�Lffl�ETY PA-0003,Gale Ranch 11 XREF SLIB 7984,N-1 INCREASE w DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 247 992 issued by the National Fire Insurance Company f Hartford s Surety,on behalf of Sha ell Industries of Northern California,a Division of Sha ell Industries,Inc.,a Delaware Corp. of lfi , hereinafter referred to as the Principal, and in favor of County of Contra of 'Martinez, CA , hereinafter referred to as the obligee, effective the 14th day of August 2002 IN CONSIDERATION of the premium charged for the attached bend and other good and valuable consideration it is understood and agreed that effective the 15th day of Auatist, 20 ., and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby'' "DECREASED" from the sum of Five Hundred Forty Two Thousand Two Hundred No/100** Dollars( 542,200.00** �,to the sung of Eighty One Thousand Three Hundred Thirty No/100** Dollars( 8'1 331.00�* IT IS F'URT'HER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surety for any lass occurring prior to said date shall not exceed the sum of Five Hundred Forty Two Thousand Two Hundred No/1 00** Dollars($ 542,200.0+0** or for any lass occurring subsequent to said date shall not exceed the sum of EightOne Thousand Three Hundred Thi No/1 00** Dollars $ 81,330.00'** In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned surae, it being the intent hereof to preclude cumulative liability: SIGNED,SEALED AND DATED this 15th stay of August,2005 AcceptedSha ell Industries of Northern California,a Division County of Coa ra sta of Shapell Industries, Inc., a Delaware Corp. Z'001/� Principa) (Seal)BY By '� � a1} ROBE MOORE, ASST. V.P . By .�((Seal) E C , ASST. SEC. National Fire Insurance Company of Hartford , uret Form F4763 Pamela L. Stocks Vtorncy---in--Fact f•� .. 5) �f I .� r t� >K IFORNIA ALL PURPOSE ACKNOW EDGMEN" V >< State of California Y� K County of Santa Mara s� rpt` On August 179 2005,before:fie,Janke T. :cruse,Notary Public personally appeared >} t Robert D Moore and Ken Cox mown to me to be the persons whose name ars subse-ribed to the within instrument an acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons o ;J {; the entity upon behalf of which the persons acted, executed the instrument. ,> AOL AOL A& AOL AOL AOL AW AAWILL �� rs )'f . .. Commission. 697 SSS ate.y band and off ei .l seal. Notary+a Public-C01110mic Clara county fir*. �9� Santa tai Comm.,Expires Aug 2+,�0()S + _WW ^'f WWI Si w a of Notary Public t 0 r; floral Intormation. Title or Type of Document:.t: ecre + e Kiger -Tract 7984-PA-0003 .M1 Capacity Claimed by Signer: Assistant Vice:president and Assistant Secretary sof Sha ell Industries Inc. i .. .. POWER OF A I TORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Meru 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 CIA 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 Mall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-in-Pact 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 duty authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and conffnned. 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 Beards 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 21st day of March,2005. CASSContinental Casualty Company National Fire Insurance Company of Hartford 00WORAT Arneric a r an Casualty Company of Reading,Pennsylvania MY 31, SM 18!x? +1 Michael Gengler Sen` r Vice President State of Illinois,County of Cook,ss: Can this'21st day of March,2005,before me personally carne Michael Ceng er to me known,who,being by me duly sworn,did depose and say: that t r he resides in the City'of Chicago,Mate of Illinois; t he is a Senior'trice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Dartford,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 they were so mixed 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. OFFICIALam f"MSEAL *WOW ftftr,*VAT*erg RUIM "y rrraco��:+�w�rrs;� 000, My Commission Expires September 17,2005 Eliza Price Notary'Public CERTIFICATE I,Nary 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 P nnsyl crania 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 Amy name and affixed the seal of the said corporations this 15th day of Allust 200 As -.9000OMWA Continental Casualty Company '" National Fire'Insurance Companyo Hartford American Casualty Company of Reading,Pennsylvania MY 3E.SEAL ism „ 7887 Mary'A. ikai6kis Assistant Secretary Form F6853-11/2001 State of TOMIS County of Los Angeles ;august 1 , 005 Sandy 'fanner-N2 a- ubiic before me, O*t* NAME. TITLE F OF'F'ICER,. *JANE 00E.NOr'AAY PUBLIC' Pamela L.Stocks personally appeared MANE(" )OF SIGNER(S) personallyknown t me - - -- roves to me on f basis of satisfactory ev ence to be the person(s)whose name( is/sois/so subscribed to the within instrument and acknowledged to me that ka/she/fft executed the same in tftlherl ' authorized caacid WO , and that by Wsl erl si nat cr (z)on the instrument the person(#), or the entity upon behaff of which the pe son( acted, ex 1 0 1 cuptedthe instrurnent. Wi NESpan n sial seal. SANDY RANNER Commission#1362i57 • 3 gjLLLLLL Los Angeles Cgurody My- mrp.E=Jul OPTIONAL Though the data beiOW is not required by law, it may prove valuable to persons relying on the document and could prevent traudu ent reattachment of this fvrnrt. CAPACITY CLAIMED SIGNOR DESCRIPTION' F ATTACHED DOCUMENT INDPADUALL .. .. CORPORATE OFFICE 0 _1100 TITLE(S) TITLE OR TYPE OF DOCUMENT . GENERAL NUM135AOF PAGES . ... ATTORNEY''M " -SFA ` ...,...,, UIS '""'ES GUARDIANICONSERVATOR OTHER DATE OF DOCUMENT SIGNEREPRESENTING: '"" NATE PERSON(S) ENTM(J S SIGNERS R THAN NAMED ABOVE G.1011426-8 NQ.TiCE In accordance with the Terrorism Risk Insurance Actf 2002, we .re providing his disclosure notice for ani. Berta insurance policies.e women 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 he "Writing Companies") as surety or insurer-, Western Surety Company,Universal Surety of America, Surety Bonding Company ofAmerica,erica, Con inental Casualty Company, National Fire Insurance Company of Hartford,American :Casualty Company cad' eadffi°, ., The Firer en 's Insurance Company N Newark, , and The Continental Insurance Company. RE,.-!2-F- PREMMM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). PARTICT ATION IN E63MNT OF-.!.ERRORISM DISG L--*QS-U-R—E-D-E FEDERAL E.. QS The United. States Orli pay ninetyercen (90%') of covered,terrorism losses exceeding the applicable surety/insurer deductible, Form F7310