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Home My WebLink AboutMINUTES - 08152006 - C.22 (2) I IIIIIIIIIIiIIIiIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIII I CONTRA COSTA Cc Recorder Office Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder Contra Cmsta Che rdu ;upo- DOC— 2006-0259831-00 Return to: Wednesday, AUG 16, 2006 10:55:50 Pu'!:C :O•:=_:.par ter.[ FRE $0.ea cns:ce__r!:e oe: iz-s D;vi,:en i Tt 1 Pd $0.00 Nbr-0003366059 Irc/R9/1-8 I -`I I I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 15. 2006, by the following rote: 1 I _ YES: 1-ilkema. Piepho. DeSanlnier. Glover and Gioia NOES: -None ABSENT: None ABSTAIN: None I -- -- ---- -- -- -- - - - —RESOLUTION \0. 2006/ 5/J SUBJECT: Accepting completion of improvements of Highland Road and Camino Tassajara ! Traffic Signal.Road Acceptance 05-01189.(cross-reference Subdivision 99-09381). Shapell Homes, a Division of Shapell Industries. Inc.. a Delaware Corp.. Danville area. (District III) i The Public Works Director has notified this Board that the improvements for Road Acceptance 05-01189(cross-reference Subdix inion 99-08381)have been completed as provided in the Road Improvement Agreement with Shapell Homes_ a Division of Shapell Industries. Inc.. a I Delaware Corp.. heretofore approved by this Board: � G EqS::BO_2r 1;-,S-:`3_ :'='_'1:89 BC)4DC,R_—_w-7: .a.,Z originator: -�Kiz�,;_rt;E'S: I hereby certi& that this is a true and correct copy of an Contact: T-i Rio i_I ,- - Recording to be completed b}COs action taken and entered on the minutes of the Board of :.D s '_ Supervisors on the date shown. ! cc: Pcbhz Work; -C_n.tru_timi�v. -P-ichane_.X4&:1 mac- nn ATTESTED: CLw5s 1!1� /,S-. ,Zx.0 6 I "'i'eC`n-"` JOH\ CL=LLE\. Cler(/of the Board of Supervisors and Count- Administrator CS_..-Canm•_ Chrs Lou.Ci-to:baa Rojtsc u -M-inc,a D;re: i pan Ram i.C.4 7io,_ B`, �, (/ D p - Shs_ .:Ro:ts_a D:::=i.:t m:Snapeli Ind;srie_.Inc- - eUt- I a,Blvd _ I Ay:n:S it_.cd,n std S Frank Nxlona;i:n_1:_crsm.e Cc ^an}of Ha-Mord j E Careiback I Arm G-nZ O_Shi a I RESOLUTION NO.2006 i I i I SUBJECT: Accepting completion of improvements of Highland Road and Camino Tassajara I If Traffic Signal.Road Acceptance 05-01189.("cross-reference Subdivision 99-063381). Shapell Homes. a Division of Shapell Industries. Inc.. a Delaware Corp.. Danville - area. (District III) DATE: August IS_ 2006 PAGE: '- I ! I \OPV THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of_august 15. 2007 thereby-establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: ! i I i DATE OF AGREEMENT \_-5LNIE OF SURETY :I December 13. 2005 National Fire Insurance Company- of Hartford I BE IT FURTHER RESOLVED the pagment (labor and materials) surety-for S106.250.00. Bond No. 929 348 519 issued be the above surety be RETAINED for the sit month lien euarantee I period until February 15. 006. at which time the Clerk of the Board is AUTHORIZED to release the surety-less the amount of ani-claims on file. - - I BE IT FURTHER RESOLVED that Highland Road and Camino Tassajara Traffic Signal,is i ACCEPTED as COMPLETE. I BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby ! established. and the 52.100.00 cash deposit (Auditor's Deposit Permit No. =150859. dated September 8. 2005) made by Shapell Homes. a Division of Shapell Industries, Inc., a Dela«are j Corp.. and the performance maintenance surety bond rider for 531.560.00.Bond\o. 9293=18519 issued bx- National Fire Insurance Company- of Hanford 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. i I I I i = I =I ! I RESOL L TION NO. 2006E1) i --- - -- --- arra— --� ---F- - ------- ---arra-- -_---- I � SURETYl RA-05-01189(XREF 8381) I I I INCREASE - DECREASE RIDER I I i TO B.AiT:;C'HFD TC znc form part o`3cnd Num929 348 519 ber [ssuec by tie National Fire Insurance Comoanv of Hartford as I Surety, on benalf of Shapell Homes: a Division of Shapell Industries. Inc.. a Delaware Corporation c` Milpitas. CA here'nafter re`errec i to as tre Prnc oat. and in favor of County of Contra Costa of Martinez. CA hereinafter re+erred is as,--- OgL'gee. effective the 24th oay of August 2005 i IN CONSIDERATION o`the o•eh:iurr, c^arced!or the attachec bond and omen good and va:uabie ccns.derat.or I Is underst000 and agreed`tat effective the 24th day of July 2006 . and I sJbfeci .3 ani -he terms, :and-ions and. Ilmdtaaors o` :r.e attached `;ono. the Pena. sum :hereof s-al: be and tie same is hereby -'DECREASED-* _ f o roil me sur g` Two Hundred Ten Thousand Four Hundred No.'100"' Dol;ars fS 210.400.00"' ; to the sum of Thirty One Thousand Five HundredSixty No.'100"' Dci�ars (S 31.560.00... I 17 IS r`URTn=R UNDERSTOOD and agreed that subject to a;: the ie-ms- conditions and iimitat.ons of tee • attached bond, the agg egate liaoi!ty of the Surety for any loss occ Jring pr.or to said gate shall no+. exceed the sgi, c Two Hundred Ten Thousand Four Hundred No/100`"` Dol:ars (S 210.400.00"` or for anv gss occurring sucsecjerit to said date shal' not exceed the sura, of Thirty One Thousand Five Hundred Sixty No?100**' Dollars (S 31.560.00— I I is� no even:. noweve�. snaf. the aggregate I,abi:;y cf the Surety exceed tie .arae' cf the aforementionec. sim5. It being the inter.;rereof tg Preclude cumulative Iiabaity. i SIGN=D- SEALED AND DATED anis 24th day of July. 2006 I Accept By: I Shapel; Homes. a Divisio hapell Industries, inc- 0- ntra A De.6Wa a Corporation I B 71 nnie R ' c Mann, Asst. Sec. I By Robert D. Moore, Asst. VF - I I �Na tonal Flr surance Company ofHartford -F<-es et I By 'Pamela L. Stocks. I I POIVER OF ATTORNEY APPOINTING INDIVIDUAL ATTORI EY-IN-FACT I =—I--now AIl=f1en=B}-Ificse Presetrts fiitat Conrinertal=Casuai zCCompane anlilitmis�corpore,,.on�N-atior.al=Fire-fnsurance'Cotraac}ofHartford_an— — Illinois corporation,and American Casuaxy Compare of Reading.Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"),are duty organized and existing corporations having their principal offices in the City of Chicago,and Stare of I!hnois.and that they do by:irae 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 I I I of Sherman Oaks,CA.their true and lawful Attorrey(sj-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their j behal'bonds,undertakings and other obligator•instruments of similar nature i -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 a;]the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. � I 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. I 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 10th day of March,2006. ! I OASLtt�r utsuRq Continental Casualty Company � r e' National Fire Insurance Company of Hartford CORPORATE 9 S rMG�oR4Ttc -� American Casuain•Company of Reading,Pennsylvania s MI. I OU SEAL 1891 MAN S' • Thomas P. Stillman Senior Vice President � State of Illinois.Count:of Cook.ss: On this 10th day of March,2006,before me personally came Thomas P.Stillman 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,an Illinois corporation,and American Casualty Company of Reading.Pennsylvania,a Penrsyvania 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 sach corporate seals-,that they were so affixed pursuant to authority given be the Boards of Directors of said corporations and that he sieved his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. 'OFFICIAL SEAL' MARIA M.MEDINA Nalwy Pubic.s. r I • MrYPubic. w m+ww •awrv.oan Ejww 7r16g9 , My Commission Expires March 15.2009 Maria M. Medina Notary Public- CERTIFICATE ublicCERTIFICATE i I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois 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 revere hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corp ortions this 24 ih day of Jtay 2006 . CAS uter a+su Continental Casualty Company 4t National Fire Insurance Company of Hanford _`# rprtvoRArE �1ee9ta+Ar�e American Casualty Company of Reading,Pennsylvania j OV SEAL g 1897 HAR Mar'A. qikaiakis Assistant Secretary Form F6853-11.2001 1 I I I I California State of I Los Anoeles county of j On July 24. 2006 before me. Sandy Hanner-Notary Public Date NAME. TITLE OF OFFIvER-. -,,ANE DOE. NOTARY PUGLiC' i personally appeared Pamela L. Stocks NAME(S) OF SIGNER(S) I I (x) personally known to me - OR - (!) proved to me on the basis of satisfactory evidence to be I the person(s) whose name( islace subscribed to the within instrument and acknowledged to me that I he/sheAkft executed the same in tis/her gwir authorized capacitoes), and that by hwherlwvw I signature(s) on the instrument the person(t)% or the entity upon behalf of which the person(s) acted. executed the instrument. I WITNESS my hand and official seal. i salvor wwNErt % •;'_ - / I Convrv�lon r 1672602 '91 d J. !" I Notary public -covardo SIGNATURE OF NOTARY Lot Anpeletf Caurny Comm.My Emilia AS 2.2010 OPTIONAL I Though the data below is not required by law, it may prove valuable to persons relying on the documen j and could prevent fraudulent reattachment of this form. I CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT I I (_) INDIVIDUAL (_} CORPORATE OFFICER i I TITLE(S) TITLE OR TYPE OF DOCUMENT I (�) PARTNER(S) (_) LIMITED (,) GENERAL NUMBER OF PAGES (x) ATTORNEY-(N-FACT (^) TRUSTEE(S) (_) GUARDIAN/CONSERVATOR (—) OTHER DATE OF DOCUMENT i I I SIGNER IS REPRESENTING: I NAME OF PERSON(S) OR ENTITY(IES) I National Fre Insurance Company of Hartford S(GNER(S) OTHER THAN NAMED ABOVE G.t07426-g I I I I I I I I l i - - i I - I CALIFORNIA ALL PURPOSE ACICNOWLEDGME`TT I I State of California I Count- of Santa Clara On JUIN" 25,2006. before me.Janice T. Kruse.Notary Public personally-appeared Robert D. 1loore and Bonnie Rice Mann,knoxxm to me to be the person whose name is I subscribed to the within instrument and ackno i°ledEed to me that she executed the same I in her authorized capacity-. and that by her signature on the instrument, the person or the I entity upon behalf of which the person acted. executed the instrument. i • I i I I WITNESS my hand and official seal. i JANICET KRUSE Commission# 1597428 £ �u Notary Public-California =` ��✓ �— i Santo Clara County Signature of Notary Public MvC0M-EXPlWhg24.2oo4 = Optional Information i i i Title or Type of Document: Decrease Rider- RA-05-01189, TRact 8381 i I Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries, Inc. i I I i I i I i I i i i I I i I i I