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Home My WebLink AboutMINUTES - 02132007 - C.6 (2) CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L. WEIR Clerk-Recorder Contra Costa County pOH— 200' —@045744-00 Board of Supervisors Retard to: Wednesday, FEB 14, 2007 10:50:53 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0.00 Nbr-0003598702 Irc/R9/1-7 ------------ - THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 13, 2007 by the following vote: AYES: SUPERVISORS UILKEMA, BONILLA,GLOVER,AND PIEPHO NOES: NONE ABSENT: DISTRICT I -- - RESOLUTION NO. 2007/ C� SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Drainage Acceptance 03-00020 (cross-reference Subdivision 95-07984),for project being developed by Shapell Homes,a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Stoneleaf Road. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Drainage Acceptance 03-00020 (cross-reference Subdivision 95-07984), have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping)with Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp.,heretofore approved by this Board; LB:vz G:\EngSvc\BO\2007\02-13\BO-45 DV(Landscaping)DA 03-0020.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 1.Bergeron,Mapping Div. T.Ric,Engineering Svc. Supervisors on the date shown. T.—December 13,2007 Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog ATTESTED: Chris Low,City of San Ramon JOHN CULLEN, Clerk of th oard of Supervisors and 2222 Camino Ramon,San Ramon,CA 94583 Shapell Homes County Administrator 100 N.Milpitas Blvd Milpitas,CA 95035 Attn:J.Gold and S.Worden National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 By , Deputy Phoenix,AZ 85016 i Attn:Pamela Stocks RESOLUTION NO.2007/ G 9 SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Drainage Acceptance 03-00020 (cross-reference Subdivision 95-07984),for project being developed by Shapell Homes,a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) DATE: February 13, 2007 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of February 13, 2007 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 May 23, 2006 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials)surety for$8,450.00,Bond No. 929270292 issued by the above surety be RETAINED for the six month lien guarantee period until August 13,2007,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 on Alamo Creek Lower West Branch are ACCEPTED AS COMPLETE. Upon acceptance by the Board of Supervisors,the developer,Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp., shall maintain the landscape improvements for five years in accordance with the Gale Ranch Mitigation Monitoring Plan. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$1,000.00 cash deposit(Auditor's Deposit Permit No.455576,dated December 8, 2005)made by Shapell Homes, and the performance/maintenance surety bond rider for $2,385.00, Bond No. 929270292 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2007/ aq MEN SURET L DA 03-00020 (x-ref SUB 7984) INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 270 292 issued by the National Fire Insurance Company of Hartford as Surety, on behalf of Shapell Homes,a Division of Shapell Industries, Inc.,a Delaware Corp. of Milpitas, CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee, effective the 28th day of November 2005 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 10th day of January, 2007 and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby **DECREASED** _ from the sum of Fifteen Thousand Nine Hundred No/100** Dollars($ 15,900.00** ),to the sum of Two Thousand Three Hundred Eighty Five No/100** Dollars($ 2.385.00** ). 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 Fifteen Thousand Nine Hundred No/100** Dollars($ 15.900.00** ) or for any loss occurring subsequent to said date shall not exceed the sum of Two Thousand Three Hundred Eighty Five No/100** Dollars ($ 2.385.00** ). 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 16th day of January. 2007 Accepted By. Shapell Homes, a Division of Shapell Industries, Inc., Count of Contra to a Delaware Corp. (Principal) By ByAe �4 Ss+ cvr--�r— (Seal) By (Seal) t/v-1o3+14��ss-t v National Fire nsurance Company of Hartford Form F4763, u � uret- i -L— By _(Sea!) Attorney-in-Fact Pamela L. Stocks, 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 Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-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. GAsugtr �wstraq Continental Casualty Company National Fire Insurance Company of Hartford ' GORPORAre 0 S AWG �4t�0 American Casualty Company of Reading,Pennsylvania ~ • vv OU SEAL c d ! cul 1. s log? NA11� • 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 swom,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.MEDINA l Notary wale.Stw•of 11S M • .` — /_ �My Commiaaion Expires 7fl6f0Y 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 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 16th dayof January 2007 GAS t�tr 1NSU184Continental Casualty Company d National Fire Insurance Company of Hartford ' cAq°OiurE 0? S , ;K American Casualty Company of Reading,Pennsylvania SEAL g w 1°L1. 1897 IRMA Mary A.Rtbikafjkis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On January 16, 2007 before me, Sandy Hanner-Notary Public Oats 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/Wft executed the same in-his/her/ftair authorized capacity0w), and that by kwher/ovau signature(s) on the instrument the person(5), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS hand and 7ffa�leal. SANDY HANNER , Commission# 1672602 -i Notary Pubic - Colifania StGNATUR OF NOTARY Los Angeles County My comm.des Jul 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 (.j 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-107426.6 "" ��.ivvwnn� .n�n�iw nniwv`" �wwv.nn�i.n�vwwwv� r CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On January 17,2007, 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 -ea Notary Public-California > . , Santa Clara County - My comm.Expires Aug 24,2009 Signature of Notary Public Optional Information Title or Type of Document: Decrease Rider- DA 03-00020, Tract 7984 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shavell Industries,Inc.