HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-726 ........
IL W
CON,TRA, STS w. Recorder :Of f ice
C
STEPHEN L, UEIR ClerksuRecorder
Re-corded at the request of: DOCOM .20@ �4444442840
Contra Costa County NOV IS, 2005 14:21:41
Board of Supervisors
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Return to FRE $0-00
Public Works DepartmentNbrusI1131122
Engineering Services Division Tt I Pd $6 go
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFOIRNIA
Adopted this Resolution on November 15, 20055 by the following vote:
AYES* Gioia,Pliepho,DeSaulvier,Glover and Uilkeina
NOESO None
ABSENT: None
ABSTAIN: None
SUBJECT. Accepting completion of improvements for Valley View Park, 'A 02-00009 (cross
reference SLTB 95"7984), San Ramon(Dougherty Valley) area. (District ED
These 'improvements are approximately located near Monarch Road and North Wedgewood
Road.
The Public Works Director has notified this Board that the improvements for PA 02-00009
(cross reference SUB 95-07984 have been completed as provided in the Subdivision(Right-of-Way
Landscaping) Agreement With Sh.apell' Industries of Northern California, a Division of Shapell
Industries,In ., a Delaware Corp.,heretofore approved by this Board;
LLM'n
G:\GrpData\EngSvc\BO\200.5\11- ' 02-00009 BO-45 DV.doc
Origina'tor: Public Works(ES) I hereby certify that this is a true and correct, copy of an
Contact. Teri Ric(313-2363)
Recording to be com1pleted b COB action taken and entered on the minutes of the Board of
y
I.D.95-2578030 Supervisors on the date shown.
cc: Public Works -T.Bell,,Construction Div.
-M.Valdez,M&T Lab
-1,Bergerm,Mapping Div. ATTESTED:141PA00k.-Ip"16 e.-ftiro" e�L Ali
-B.Balangan,Engineering Svc.
.—May 2006 JOHN SWEETEN, Clerk of the.Board of Supervisors and
-T
Sheriff-Patrol Div.Commander County Administrator
CHP,c%Al
CSAA—Cartog
Chris Low,City of San Ramon
2222 Camino Ramon,San Ramon,CA 94583
ShapeH Honws By Deputy
100,N.Milpitas Blvd. V
Milpitas,CA 95035
Attn:Sam Worden
National Fire Insurance Company of Hartford.
2355 E.Camelback Road,Ste H500
Phoenix,AZ 85015
Attn:Margaret F.Leong
RESOLUTION NO.2005/
SUBJECT: Accepting completion dfimprovementsfor Valle .View Park,P 02-00009 (cross
reference STAB -7984), San Ramon(DoughertyValley) area. (Di strit HI)
DATE: November 15,2005
PAGE.*
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of 15,,2005 thereby establishing the sig--month terminal period for the filing of liens in
case of action under said Subdivision n Ri ht_of-Wa Landscaping)Agreement-.
DATE OF AGREEMENT NAME OF SURETY
May 6, 2003 National:Fire Insurance Company of Hartford
E IT FURTHER RESOLVED the payment(labor and materials)surety for$979,750.00,Bond o.
929270196 issued by the above surety be.RETAINED for the six month lien guarantee period until
May 15,2006, at which time the Clerk oft .e Board is AUTHORIZED to release the surety less the
amount of any claims on file
BE IT FURTHER RESOLVED that park improvements in Valley View Park,the hereinafter
described park,as shown and dedicated for public use by a separate offer of dedication C 2003-
0300346-000)
003-0300 - 0)on the Final Map of Subdivision -07984,filed ctober 28,2002,in Book of Ma s at
Page 29,Lot 0,official Records of Contra Costa County,State of California,are ACCEPTED A
COMPLETE.
Park Marne APN Number Area acre
Valley View Pari 222-240-020 10.012
Upon acceptance by the Board of Supervisors,the San Ramon C �Council shall accept
the Valley View Park for maintenance in accordance with.the Dougherty e Valley Memorandum o
Understanding.
BE 1"T' FURTHER RESOLVED that the beginning of the warranty period is hereby
established.,and the$19,600.00 cash deposit(Auditor's Deposit Permit No.40097 1 dated February
25, 200 3)made by Shapell Industries of Northern California,, and theperformance/maintenance
surety gond rider for $290,985.00, :Bond. No. 929270196 issued by National Fire Insurance
Company of Hartford be RETAINED pursuant to the requirements of Section 4-4.406 of the
Ordinance nance Cede until release by this Board.
.All deposit permits are on file with the Public Works Department.
Tract I A-0009(Cross lief SUB 7984
Neighborhood 9 Park at Cale Manch 11
INCREASE -DECREASE RIDE
TO BE ATTACHED TO and form part of Bond Number 929270196 issued by the
National Fire Insurance Company of Dartford ,
Surety, on behalf of Sha yell Industries of Northern California,a Division of Sha ell Industries,Inc. a Delaware Corp. of
Milpitas., , hereinafter referred
to as the Principal,and in favor of —.CounV of Go Cn
of Martinez CA ,hereinafter
referred to as the Obligee,effective the 19th day of Februa 2003
IN l SIDEI ATI N of the premium changed for the attached bond and other good and valuable consideration i
is understood and agreed that effective the 15th day of Au ust 2005 ,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
One Million line Hundred Thirty Nine Thousand Nine hundred No/100** dollars 1,9391., 00.0Q** ),to the
sunt of Two Hundredl ire Thousand Kline Hundred Ei ht'l=lve No/1,00** Dollars 290,985.00*
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations ofthe
attached bond, the aggregate liability of the Surety for any loss occurring prior to I said date shell not exceed the
sun of One lMillion aline hundred Thirty Nine Thousand Nine Hundred Nef1-00** Dollars($1,939,900.00 �
or for any loss occurring subsequent to said date shall not exceed the stun o
Two hundred Ninety Thousand line hundred Eight Five No/1 00bullar ,290,985.00** �.
In no evert, however, shalt the aggregate liability of the Surety exceed the larger of the aforementioned suras, it
being the intent hereof to preclude cumulative liability.
SIGNED,SEALED AND DATED this 15th day of August,2005
Accepted Shapell Industries of Northern California,a Division
County of ontraosta of Shapell Industries, Inc., a Delaware Corp.
P incipa
By B (Seal)
ROB T MOORS AST. ,
By (Seal)
COX, ASS`S,. SEC.
National Fir Insurance Company of Hartford
FormF4763 Xe��
(Seal)
PC�rrlela L. rtoCil S, Attorney-in-Fact
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CALEV RALL PURPOSEACK-NOwvLEDGMENTv
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State of California �}
County of Santa Clara
}
On August 17,200 before me Janice T. Kr
� � � sue,Notary�u.�h�personally appeared
Robert D. Moore and Ken Coxknown to me to be the persons whose name are
;`. subscribed to the within instrument and acknowledged to
e that they executed the same
in their authorized capacities, and that by their signature on the instrument, the persons or
the entity upon behalf o '
f which the persons acted executed the instrument.
Aa� MAL
J06� AW
>T
JANICE T.KRUSE WITNESS my hand axe official seal.
commission# 1318697
;4 Notary Public-Calito nia
ants Clara County
My Comm.Expires Aug 2 ,2005Si ature of Notary Public
tir+ _
Optional Information
.x
Title or Type of Document: ;decrease Rider-Tract 7984 - PA-0009
,k.
Capacity Claimed bar Signer: Assistant Vice President and Assistant Secreta o
Shu ell Industries Inc.
l! ♦iUl i 1 i/11 1"L l 1 V►J,1 a 14 Xj 1 ^K K"111 1 All 43 JU I"I V AJLJF LJ'AJU tV I l%Jnl l Z I-JUN-r fit,1
Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a
3 Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Perunsylvania corporation(herein called"the CNA Companies"),
are duly organized and existing corporations having their principal offices in the Citgo 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,Gina O'Shea,Individually
of Sherman teras,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on heir
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 authorised 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 Resolutiotns,Printed on the reverse hereof,duly
adopted,as indicated,by to Boards of Directors cif 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 he
hereto affixed on this 21st day of March,2005.
AS: ,, Continental Casualty Company
National:dire Insurance Company of R artfor l
American Casualty Company y o Readin ,Pennsylvania
Y
MY lit
SEAL
Michael `renter d
11enjr mice President
State of Illinois,,County of Cook,ss.-
On
s:Cin this 21 st days of March,2005,before one personally cane Michael Gen ler to me known,who,being by nye duly surra m,did depose and say: that
he resides in the City of Chicago,State of Illinois;that the is a Senior vice President of Continental Casualty Company,an Illinois corporation,National
:Dire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania.,a Pennsylvania corporation
described in enol which.l executed, e above instrument;that he knows �e seals t f`said corpor�at%o s�that the sealsdi ed to t� said*instrument are such
corporate seals,that fey wetre so'affixed put uant to authority given by the Boards of Directors of said corporations and as he signed his name thereto
pursuant to Iike authority,and acknowledges same to be the act and deed of said corporations.
Cwt. EAL s
KRA MCE �r
"W*W waw.WAW 1W SUMM
My Commission Expires September 17,2005 Eliza'Price Notary Public
CERTIFICATE
1,Mary A.Ribikawskis.,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hav*ford,a Connecticut corporation,and,American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do bereby certify that the
Power of'attorney herein above suet forth is still in farce,and further certify that the By-Law and Resolution of the Berard.of Directors of h 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 t ,2005
544 Continental Casualty Company
parry
. ` Oil :rational vire Insurance Company of Hartford
+sow `r, Amencan Casualty Company pany of Reading,Pennsylvania
MY V,
u SEAL
Mary A.Rikaiekis Assistant Secretary
Form F68 5 3-11/2001
Authorizing By-Laws and Resolutions
ADOPT"E"D BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY.-
This
O1' PA Y.-'T`l is Power of Attorney is made and executed pursuant to and by authority of the followingBy-Law duly adopted by the Board of Directors of the
Company.
"Acle M—Execution of Documents
Section 3. Appointment of Attorney-in-Fart. 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-i -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 attorneysWin-fact, subie+ct to the hinitations set forth in their
respective certificates of` uthority,shall have dull 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 Boars of Directors,the President or any Executive,Senior or Group Vire 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 sear 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 lir 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, ,d the sipature of the Secretwy or an Assistant
Secretary and the seal of.the Company may be affixed by facsitnile to any certificate of any such poorer 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 AN CA UALTY COMPANY OF READING,PENNSYLVANIA:
This Power of,Attorney is made and executed pursuant to and by authority of the followingBy-Law duly adopted ted by the Board of Directors of the
Company.
"Article Vl--Execauton of Obligations and Appointment of Attorney- n-"a t
Section 2. Appointment of Attorney-mi -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- -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 attorx ys•ih-fact, subject to the limitations set forth is their
respective certificates of authority,shall have fug,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 adapted 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 or any;Executive, Senior or Group'Vice President and the seal of the C omparny may be affixed by
fats mile on any poorer 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 Lrespect 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 CE COMPANY OF HARTFORD:
This Pourer 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,boats,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
Tuve full poorer to bind the Corporation by their signature and execution of any suchiristrutnent and to attach the seal of the Corporation thereto. The
President,an Executive'Vice President,any Senior or Croup'Vice President or the Board of Directors may at any time revalue all power and authority
previously given to any Attorney-in-pact.'
'I"hhis'Pourer ofAttorney is signed and sealed by facsimile under and by the authority oft a dll+ow ng Resolution adapted by the Beard of Directors o the
Company at a meetingduly called and held on the 1.7"'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 Sectary and the seal of the Corp rat m may be affixed by facsimile to arty centifi to 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 the Corporation."',
State +cif al fornix
County of Los An eles
August'5,2015 Beady I~-l�anner-Notary Public
On before me.
Oat's NAME, TITLE OF OF'FI'CER.. "JANE DOE. NOTARY PUSLIC-
PamelaL.Stocks
personally
mom
NAME(S)OF IGNER
( personally known to me -OR - proved to rye on the basis of satisfactory evidence to be
the person(s)whose name( ism subscribed to the within.instrument and acknowledged to me that
l /she/ ftexecuted the same in /her/ authorized pacity(W)= and that by /her/*
signature(t)on the instrument the person($), or the entity upon behalf of which the person acted,
executed the instrument.
lllf'I'I"`N S y hand and fal l seal.
A-D ANNE
Commission 36215?' ,�-
L os Angeles Qounty
s1A E C� NOTARY
M Comm.Expires Jul 2,2006OPTIONAL"
Though the data below Is not required by law, it may prone valuable to persons relying on the document
and could prevent fraudulent re ffa h ant of this form.
CAPACITY'Y CLA)ME Y SIGNER DESCRIPTION CSP ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)T `ITE COR TYPE OF DOCUMENT
PARTNER(S) LIMITED
GENERAL
NUMBER OF PAGES
..
ATTORNEY-IN-FACT
OTHER ii-mow
DATE OF DOCUMENT
SIGNER IS ' ES0MNG:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN AME ABOVE
3-107!26♦
NQrn,,Cp,
In accordance with the TLerrorism 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 bene 'is the surety or insurer.
To principals on bonds and insureds on certain insurance p'olicie written am one
or .ore of the following companies (collectivelythe 'Writing Companies") as surety
or insurer:Western Surety Company,Universal Surety of Amenca, Surety Bonding
Company ofAmerica, Continental al Ca ua ty Company,, Nab n l Fire Iris'uranc
Company of Hartford,American Casualty Company of Read ', , The Firemen's
insurance Company of Newark, NJ, and The Continental Insurance Company.
D1S.CLQ5URE.!QF E
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
DISCLOSIME.OF FEDERAL PARTI!QjEAT1!QN IN PAYME
W OF TERRORISM
LQSSES
The United States will pay ninety percent 0% of coveredd,terrorism losses exceeding
the app3icable suretylinsurer deductible,
Farm F7310