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Home My WebLink AboutMINUTES - 12122006 - C.11 Ilii II!III I III II Il 11111111 I II I IlIII i IIII I II III III ed at the request of: CONTRA COSTA Co Recorder Office Record Contraedtahereq STEPHEN L, WEIR, Clerk-Recorder County Board of Supervisors DOC— 2006-0397364-00 Return to: Wednesday, DEC 13, 2006 10:21:16 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0.00 Nb i 0003Rg2998_e 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 03-08698,for project being developed by Shapell industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp., Danville area. (District III) These improvements are approximately located near Camino Tassajara Road. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Subdivision 03-08698, 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; TR:vz G:\EngSvc\60\2006\12-12\BO-45 DV(landscaping)SD 03-8698.doc Originator: Public Works(ES) Contact: Teri Ric(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 -I.Bergeron,Mapping Div. -T.Rie,Engineering Svc. Supervisors on the date shown. -T.—October 5,2007 �'a Sheriff-Patrol Div.Commander (/`�e,ATTESTED: , 4 CHP,c/o AI -/ CSAA-Cartog JOHN CULLEN, Clerk of the Board of Supervisors and Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 County Administrator Shapell Industries of Northern California 100 North Milpitas Blvd Milpitas,CA 95035 Attn:Jim Gold and Sam Worden By ,Deputy National Fire Insurance Co.of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Atm:Pamela Stocks AVI RESOLUTION NO.2006/ ,X'O SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping)for Subdivision 03-08698,for project being developed by Shapell Industries of Northern California,a Division of Shapell Industries,Inc., a Delaware Corp., Danville 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 January 13, 2004 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for $99,450.00, Bond No. 929299642 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 03-08698 are ACCEPTED AS COMPLETE. Upon completion of the warranty and maintenance period, the Wendt Homeowners Association will accept the landscape improvements for maintenance. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$1,990.00 cash deposit(Auditor's Deposit Permit No. 415831;Vdated December 4, 2003) made by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp., and the performance/maintenance surety bond rider for $29,537.00, Bond No. 929299642 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2006/ CMA SURETY - Tract 8698,Wendt Ranch II INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 299 642 issued by the National Fire Insurance Company of Hartford as Surety, on behalf of Shapell Industries of Northern California,a Division of Shapell Industries, Inc.,a Delaware Corp. of Milpitas CA hereinafter referred- to as the Principal, and in favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee, effective the 21 st day of November 2003 . IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 26th day of October 2006 and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby **DECREASED*" _ from the sum of One Hundred Ninety Six Thousand Nine Hundred Ten No/100*** Dollars($ 196,910.00*** ),to the sum of Twenty Nine Thousand Five Hundred Thirty Seven No/100*** Dollars ($ 29.537.00*** ), 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 One Hundred Ninety Six Thousand Nine Hundred Ten No/100*** Dollars ($ 196,910.00*** ) or for any loss occurring subsequent to said date shall not exceed the sum of Twenty Nine Thousand Five Hundred Thirty Seven No/100*** Dollars ($ 29.537.00*** ), 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 1 st day of November, 2006 Accepted By: Shapell Industries of Northern California,a Division of Shapell Industries,Inc., _County of tra Costa a Delaw Corp. yPrBy — By _ (Seal) 1 V • VNn r � Y--�Ss t V.P. By (Seal) SeC r t-k- National ire Insurance Company of Hartford Form F4763 (Su ty) -1 (Seal) Pamela L. Stocks, Attorney-in-Fact /NVV/.//�^ -!✓\M/JJ/ J�N/`NWW/WV/N /VVVi' i^ MMNV�V\/. M/JMI NvN- JWV�V \\'W//M/.//V ^/// �/v�/ ./N'✓/'✓`✓W/VVJVM/N'JVV/VJi` vW/WMNV.N/.NVVW"WVVV/`✓� CALIFORNIA 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. �nNICE T.KR�USEt WITNESS my hand and official seal. Commission# 15974f /\ Notary Public-Californiai -o Santa Clara County 6Mycomm.ExpiresAug24,2009 Sig atureofNotaryPublic Optional Information Title or Type of Document: Decrease Rider-Bond #929299642 - Tract 8698, Wendt Ranch II Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shanell Industries,Inc. 111 j '%.//'W ✓W`N.^MNVV�/N ✓/WWJ/J/' CMN ✓N/M/ WW/WWV M/J�VM/ Z V.MiWY.NN. ✓\/JJ/`✓MNWVi\,JWWM//V.N�^/!./✓JWJWV✓J /W�/VW/NW/` ./M//V`✓`NJIM/fJ�/'./.M/ 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. GAS < tNSuq �, Continental Casualty Company q�F tia�°` National Fire Insurance Company of Hartford cop.sure V S�Nc �arro American Casualty Company of Reading,Pennsylvania Ou SEAL g e alsoi I. teal IIAgtF • 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. j -OFFICIAL SEAL- ; MARIA M.MEOMA . y C roam,sof•of Mnaft MyCamm•ean �,� •` „ / ) i r�r..3/f 6,5MG 00: 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 Attorney herein above set fgrorth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printedsntthe reverse here q(is still OV2inDforce. In testimony�Yhpr�of I have hereunto subscribed my name and affixed the seal of the said corporations this 1 day of 1l LL 1111 bb GAS <T tNSUB a Continental Casualty Company 4�F National Fire Insurance Company of Hartford rwamre �• �w�•10aarre American Casualty Company of Reading,Pennsylvania SEAL ME 180 Mary A.RMikaiokis Assistant Secretary Form F6853-11/2001 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/am subscribed to the within instrument and acknowledged to me that he/she/tom executed the same in Na/her/ttxeir authorized capacityoles), and that by taielher/%*U signature(s) on the instrument the person(t), or the entity upon behalf of which the person(s) acted, executed the instrument. R WIT N S my hand a"Icial seal. Corrxnissbn.N 1672602 PubNc CgNlotnla SIG ATURE OF NOTARY los Angeles County �Comrn�:p�Z010 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 G-107426.5