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HomeMy WebLinkAboutMINUTES - 02132007 - C.7 (2) CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR Clerk-Recorder Contra Costa County DOC— 200`l-0045745-00 Board of Supervisors Return to: Wednesday, FEB 14, 2007 10:51:02 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0.00 Nbr-0003598703 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/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Drainage Acceptance 03-00031 (cross-reference Subdivision 99-08306),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 03-00031 (cross-reference Subdivision 99-08306), 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 03-0031.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.—December 13,2007 Sheriff-Patrol Div.Commander CHP,coo Al ATTESTED: CSAA—Cartog JOHN CULLEN, Clerk of the Wbard of Supervisors and Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 County Administrator Shapell Homes 100 N.Milpitas Blvd Milpitas,CA 95035 Attn:J.Gold and S.Worden By i , Deputy National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela Stocks RESOLUTION NO.2007/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Drainage Acceptance 03-00031 (cross-reference Subdivision 99-08306), 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 $46,450.00, Bond No. 929270293 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 p,� iod 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$13,785.00,Bond No. 929270293 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2007/ 7-19 AWALAW SURETY DA-03-00031 (x-ref SUB 8306) INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 270 293 issued by the National Fire Insurance Company of Hartford A as Surety, on behalf of Shapell Homes,a Division of Shapell Industries, Inc.,a Delaware Corp. of Milpitas,CA hereinafter referred to as the Principal,and in favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee, effective the 28th day of November 2005 , IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 20th day of December 2006 and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby *"DECREASED" from the sum of Ninety One Thousand Nine Hundred No/100** Dollars($ 91,900.00** ); to the sum of Thirteen Thousand Seven Hundred Eighty Five No/100**_ Dollars($ 13.785.00** ). 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 Ninety One Thousand Nine Hundred No/100** Dollars ($ 91.900.00*" ) or for any loss occurring subsequent to said date shall not exceed the sum of Thirteen Thousand Seven Hundred Eighty Five No/100** Dollars ($ 13.785.00** ). 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., Countyof Contra sta a Delaware Corp. (Principal) By — By (Seal) By (Seal) �o�o<r} �,�oocc1'�SSt '44. National Fire Ins rance Company of Hartford _ Form F4763 (SU t )� (Seal) Pamela L. Stocks, Attorney-in-Fact 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 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 IJ,q�T 0ISUR4Continental Casualty Company National Fire Insurance Company of Hartford 00WO urF � Sg%* oW 4?4, American Casualty Company of Reading,Pennsylvania Z a JULY 11. OJ SEAL Ise 1897 HAptF b • 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 M.MEDINA Notary Staft of 11_ My C•mmil Public, n EtpM 3/16/OY: _,/,LL 1'/,jq`J•L.OW�/• 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 day of January 2007 GAS ttq Continental Casualty Company �NSUR4,�'E` � National Fire Insurance Company of Hartford zw �oavoaArF s� �Mca+atEo American Casualty Company of Reading,Pennsylvania a JULY 11. u SEAL lag? NARK • �/ Mary A.Rtbikai@kis Assistant Secretary Form F6953-11/2001 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17'h day of February,1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company,. "Article VI—Execution of Obligations and Appointment of Attorney=In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17'h day of February,1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VII—Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors, the President of any Executive or Senior Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive,Senior Vice President or the Board of Directors,may,at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17`s day of February,1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of California County of Los Angeles On January 16, 2007 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/ams subscribed to the within instrument and acknowledged to me that his/she/mit executed the same in Na/her/fteir authorized capacity(bne), and that by laWher/Otitic 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 offici seal. SANDY HANNER .-,rAoatCommission M 1672602 Notary Public -California SIGNATU E OF NOTARY Los Angelet County M►C .ExpMn JU 2,201 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-107.26.6 . 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 L KRUSE ( - WITNESS my hand apA official seal. Commission# 1597428 Notary Public-California D Z " Santa Clara County QMY Comm. Expires Aug 24,2009 SigndJture of Notary Public Optional Information Title or Type of Document: Decrease Rider-DA 03-00031, Tract 8306 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shanell Industries,Inc.