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Home My WebLink AboutMINUTES - 12122006 - C.10 CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder Contra Costa County DOC— 2006-0397363-00 Board of Supervisors Return to: Wednesday, DEC 13, 2006 10:21:09 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0,00 Nbr-0003522997 Ire/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 12, 2006 by the following vote: AYES: SUPERVISORS UILKEMA, PIEPHO, GLOVER, AND GIOIA NOES: NONE VACANT: DISTRICT IV — RESOLUTION NO. 2006/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping)for Subdivision 02-08685, for project being developed by Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Bollinger Canyon Road. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Subdivision 02-08685, have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping)with Shapell Industries of Northern California,a Division of Shapell Industries, Inc., a Delaware Corp., heretofore approved by this Board; LB:vz GAEugSvc\B0@006V 2-12\BO-45 DV(Landscaping)SD 02-8685.doc Originator: Public Works(ES) Contact:Teri Rie(313-2363) Recording to be completed by COB I.D.95-2578030 cc: Public Works -A.Bell,Construction Div. I hereby certify that this is a true and correct copy of an -P.Tehaney,M&T Lab action taken and entered on the minutes of the Board of -1.Bergeron,Mapping Div. -T.Rie,Engineering Svc. Supervisors on the date shown. -T.—October 5,2007 Sheriff-Patrol Div.Commander CHP,ei°At ATTESTED:I/Lti��BJ'7fJ�/9' /oQi _oG�� CSAA—Cartog Chris Cay of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 ° t"JOHN CULLEN Clerk of the Board of Supervisors and 222 Shapell Industries of Northern California County Administrator 100 North Milpitas Blvd Milpitas,CA 95035. Attn:Jim Gold and Sam Worden National Fire Insurance Co.of Hartford 2355 E.Camelback Road,Suite 500 By , Deputy Phoenix,AZ 85016 Attn:Pamela L. Stocks RESOLUTION NO.2006/ i SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping)for Subdivision 02-08685,for project being developed by Shapell Industries of Northern California,aDivision of Shapell Industries,Inc.,a Delaware Corp., San Ramon(Dougherty Valley) area. (District III) DATE: December 12, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of December 12,2006 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 March 1, 2005 National Fire Insurance Company of Hartford s BE IT FURTHER RESOLVED the payment (labor and materials) surety for $176,573.00, Bond No. 929348475 issued by the above surety be RETAINED for the six month lien guarantee period until June 12, 2007, 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 in Subdivision 02-08685 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 $3,500.00 cash deposit (Auditor's Deposit Permit No. 43620e, dated December 16, 2004) made by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp., and the performance/maintenance surety bond rider for $52,447.00, Bond No. 929348475 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 2006/ .06 CNA SURET Tract 8685, Gale Ranch II INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 348 475 issued by the National Fire Insurance Compal of Hartford as Surety, on behalf of Shapell Industries of Northern California,a Division of Shapell Industries, Inc.,a Delaware Corp. of Milpitas, CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee, effective the 3rd day of December 2004. IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 2nd day of November 2006 and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby *`DECREASED" from the sum of Three Hundred Forty Nine Thousand Six Hundred Forty Six No/100*** Dollars ($ 349,646.00*** ),to the sum of Fi�y Two Thousand Four Hundred Forty Seven No/100*** Dollars ($ 52,447.00*** ), 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 Three Hundred Forty Nine Thousand Six Hundred Forty Six No/100*** Dollars ($ 349,646.00*** ) I or for any loss occurring subsequent to said date shall not exceed the sum of Fifty Two Thousand Four Hundred Forty Seven No/100*** Dollars ($52,447.00*** ). 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 1st day of November, 2006 Accepted B%oa Shapell Industries of Northern California,a Division of Shapell Industries,Inc., Count of C a a Del are orp. Yr' cipal) By _ - By J (Seal) 'P'o } yY�o@vei 1�SS! U. By (Seal) Nati a ire Insurance Company of Hartford Form F4763 � (Su! ) (Seal) Pamela L. Stocks, Attorney-in-Fact /'/✓�/v`JW//V.rJ/vWJ/J`M/` N� �.M//W\.M/IN.M//+` �/ W/Vti/JV.// M�M/ !. //W` NV�� S CALIFORNIA ALL ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On November 2,2006, 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. JANICE T.KRUSE WITNESS my hand and official seal. Commission# 1597428 .'m Notary Public-California Santa Clara County =Comm.ExPIresAug 24,200 Sign ure of Notary Public Optional Information Title or Type of Document: Decrease Rider -Bond# 929348475 - Tract 8685, Gale II Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shanell Industries,Inc. '.�N/V✓`NM/ '� MN�///'./'WVNWV/`./N.^ iVWM/� /VN/\ � NWV POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That 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(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 Attomey(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 15th day of August,2006. easuq<r 91SIJRq ��. Continental Casualty Company �eF National Fire Insurance Company of Hartford ,tS OOIRPORAre �,g s49111,041,40 a American Casualty Company of Reading,Pennsylvania y a WLY 71. OU SEAL 'c 'may � � 19112 1897 HARD • . Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 15th day of August,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 A1.►EDINA ; • MC Public.sStM•d I•nel• • �MYVCanminian Fvptw 3/16/OY: r/{'\--0G•/`y- I' ,�� My Commission Expires March 15, 2009 Maria M. Medina Notary Public CERTIFICATE 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 Anomey 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 prin,ted on the reverse hereof is still i force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 1St day of Nover_Zoer 2006 GASuqContinental Casualty Company try tNSURq�� a � National Fire Insurance Company of Hartford OOWORAre , Sg�"f0°P0R0Ttn a American Casualty Company of Reading,Pennsylvania ° JULYu SEAL g �d < 190[ sem ' n 1997 Jtgll�� • C.C.. Mary A.Rtbikalokis Assistant Secretary Form F6M-11/2001 State of California County of Los Angeles On November 1, 2006 before me, Sandy Hanner- Notary Public Date 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(s) is/wo subscribed to the within instrument and acknowledged to me that bas/she/tom executed the same in:dis/hedlftir authorized capacity(bes), and that by laisdher/MO signature(s) on the instrument the person(g), or the entity upon behalf of which.the person(s) acted, executed the instrument. WITNE S my hand a Ectal seal. _sSANDY ER Connbslon# 1672602 t Notary Pum -California SIG TORE OF NOTARY Los Angeles County My Comm.Exl*n Jut 2.2010 mums" 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 O.107426-8