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Home My WebLink AboutRESOLUTIONS - 08152006 - 2006-511 IIII III III I III II III III II II II 1111111 I IIII I II III III CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder Contra Costa of DOC— 2006-0259831-00 Board of Supervisors Return to: Wednesday, AUG 16, 2006 10:55:50 Public Works Department FRE $0.00 i.. Engineering Services Division Ttl Pd $0.00 Nbr-0003366059 Irc/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 15, 2006, by the following vote: z: AYES: Uilkema,Piepllo,D_eSaidnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None -- - -.-- - --- --- _-- -- -- --RESOLUTION NO. 2006/ 5/J SUBJECT: Accepting completion of improvements of Highland Road and Camino Tassajara Traffic.Signal,Road Acceptance 05-01189, (cross-reference Subdivision 99-08381), Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District 1I1) The Public Works Director has notified this Board that the improvements for Road Acceptance 05-01189(cross-reference Subdivision 99-08381)have been completed as provided in the Road Improvement Agreement with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., heretofore approved by this Board; G:\EngSvc\60\2006\08-15\RA 05-01189 BO-45 DV(RA).doc TR:vz Originator: Public works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Rip 363) Recording to be completedfeted by COB action taken and entered on the minutes of the Board of a I.D.95-2578030 Supervisors on the date shown. cc: Public Works -Construction Div. -P.Tehaney,M&T Lab (/[� -1.Bergeron,Mapping Div. ATTESTED: �Lt.ti �� 02116.0 6 -Teri Rie,Engineering Svc. -T.—.lune 18,2007 JOHN CULLEN, Cle?W 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 yC Deputy Shape)l Homes,a Division of Shapell Industries,Inc. By /'r;_� 100 N.Milpitas Blvd Milpitas,CA 95035 Attn:S.Worden and S.Frank National Fire Insurance Company of Hartford 2355 E.Came)back Phoenix,AZ 85016 Attn:Gina O'Shea RESOLUTION NO.2006/ 6�� SUBJECT: Accepting completion of improvements of Highland Road and Camino Tassajara Traffic Signal,Road Acceptance 05-01189,(cross-reference Subdivision 99-08381), Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) DATE: August 15, 2006 PAGE: 2 NOW 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: DATE OF AGREEMENT NAME OF SURETY ` December 13, 2005 National Fire Insurance Company of Hartford BE IT.FURTHER RESOLVED the payment (labor and materials) surety for$106,250.00, Bond No. 929 348 519 issued by the above surety be RETAINED for the six month lien guarantee period until February 15, 2006, at which time the Clerk of the Board is AUTHORIZED to release 1 the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that Highland Road and Camino Tassajara Traffic Signal,is ACCEPTED as COMPLETE. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $2,100.00 cash-deposit (Auditor's Deposit Permit No. 450859, dated G September 8, 2005) made by Shapell Homes, a Division of Shapell Industries, hie., a Delaware Corp., and the performance/maintenance surety bond rider for$31,560.00, Bond No.929348519 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. ti 4 t RESOL UTION NO. 200615/I ALM ' SURETY RA-05-01189(XREF 8381) INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 348 519 issued by the National Fire Insurance Company of Hartford , as Surety, on behalf of Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation of Milpitas, CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez,CA hereinafter referred to as the Obligee, effective the 24th day of August 2005 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 24th day of July 2006 , and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby *"'DECREASED** from the sum of Two Hundred Ten Thousand Four Hundred No/100*** Dollars($ 210,400.00*** ) to the sum of Thirty One Thousand Five Hundred Sixty No/100*** Dollars ($ 31.560.00*** ). 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 Two Hundred Ten Thousand Four Hundred No/100*** Dollars ($ 210.400.00*** ) or for any loss occurring subsequent to said date shall not exceed the sum of Thirty One Thousand Five Hundred Sixty No/100*** Dollars ($ 31.560.00*** ). 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 24th day of July, 2006 Accep %ofntra Shapell Homes, a Divisio hapell Industries, Inc., CountCo aha A De a Corporation ~ (Print By — By , r al) B nnie R 'c Mann, Asst. Sec. By (Seal) Robert D. Moore, Asst. VP a conal q surance Company of Hartford (/. r ty) Form Farss BG `--- (Seal) 'Pamela L. Stocks, Attorney-in-Fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT -KnowAll-Men=Bye'hese=Presents,lThat£ontinental=CasuattyCompany,an-lilinois=coMoration,National=Fire=Insurance=Cornpany of-Hartford,an Illinois 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 make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Harmer,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorney(s)-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 10th day of March,2006. , GAS UtfT 01su*4 Continental Casualty Company it" ; National Fire Insurance Company of Hartford F �rPOnAre n American Casualty Company of Reading,Pennsylvania Z a SEAL <teat 10ARI* Thomas P. Stillman Senior Vice President State of Illinois,County 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 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 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. 'OFFICIAL SEAL- MARIA M.MEt1Mt11 11'/1/.( ' w'•` `�-]�1 �J) My Canmi..i•n ExpkM ansroa My Commission Expires March 15,2009 Maria M. Medina Notary Public CERTIFICATE 1,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 reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 24th day of July 2006 GAS itr 01sma� Continental Casualty.Company � National Fire Insurance Company of Hartford c0^PORATe S towm ro ;K American Casualty Company of Reading,Pennsylvania y a IULYt1. Gu SERI. g e leg? MARS • Mary A. qikai6kis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On July 24 2006 before me, Sandy Hanner- Notary Public Dale NAME. TITLE OF OFFICER., 'JANE DOE. NOTARY PUBLIC' personally 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(s) whose name(sl) is/am subscribed to the within instrument and acknowledged to me that his/shehkft executed the same inNs/her/tt><air authorized capacity(ies), and that by taiwher/WQU signature(s) on the instrument the person(a), or the entity upon behalf of which the person(X) acted, executed the instrument. WITNESS y hand and official seal. ` SAN17y MANNER � �A.c 1 Carrvrtl�ton A� 1672602 Notary PubtlC ,CoBfomb � � SIGNA RE OF NOTARY Lob Anpetet County Comm.E>tpYrtt N 2,2010 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the documen 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 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 ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE ?vwn"i�.�"s�:Y....:.�'.�^:n^ni�'v"�. �.�.:::%✓✓.��li✓�i�M.,.✓:,v.,�::� �:�.✓,v)2:`.�.�,i:��,.5a l..w..�.ti✓.i� =`w vi..i✓v ✓C.:.;:::,, i..,U,:;'.,..i,✓..ni.!^.i��'v`'?� J� CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On July 25,2006, before me, Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Bonnie Rice Mann,known to me to be the person whose name is 3 subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument, the person or the > entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. JANICE T.KRUSE �> Commission V 159742 S 0My Notary Public-Colifomia Santa Clara county comm.Ezpirea Aug 24, Signe of Notary Public 2 i > Optional Information j Title or Type of Document: Decrease Rider- RA-05-01189, TRact 8381 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shavell Industries,Inc. 3 > z? ;5 �3 l3)7 =':✓ i .n� '� .� 'U'S � ^.^'i:✓ i. �.�i. < ✓ moi. � � _..i✓r ��.. ✓ i,i vv=: '.v-ice ..✓� � ,�. - �.ii- .��i .,v...,. ., -.. i.,v,.,..� , i. ,. �✓✓i-..�.i,_ �. , .. _ ,"ice.; . ,