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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-066 CONTRA COSTA Co Recorder Office Recorded at the request or: STMEN L.. MIR Clerk-Recorder Contra costs County DOC-- V --0055'915-100 Board of Supervisors FEB 0s3, 20Ql3 09:38:29 Return to: Wednesday, Public Works Department ME $0.00 {�,r.1!T'RS"l Engineering Services Division TLPd 0VV Nb 1-7Records section1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 4, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR DONNA GERBER ABSTAIN NONE RESOLUTION NO.2003/ 66 SUBJECT: Accepting completion of improvements for Subdivision 8027, San Ramon (Dougherty Valley)area. (District III) The Public Works Director has notified this Board that the improvements in Subdivision 8027 have been completed as provided in the Subdivision Agreement With Shapell Industries of Northern California, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. 10:0w I hereby certify that this is a true and correct copy of an action taken 0:lCispData\Wvc1Bo12043\2.04-03ISUB 8027130-45.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: Teri Rio(313-2363) ATTEsTED: FEBRUARY 04, 2003 -T.Bell,ConstructionuctionDiv. cc: Public Works -Tax I.D.#952578030,Accounting JOHN SWEETEN,Clerk of the Board of Supervisors and County -M.Valdez,M&T Lab Administrator -1.Borgeron,Mapping Div. Recorder(via QW,then PW Engineering Services Sheriff-Patrol Div.Commander C lIP,c(o Al By Deputy . T CSAR—Cartog City of San Ramon Joye Fukuda 2222 Camino Ramon San Ramon,CA 94583 Shapell Industries of Northern California Steve Savage&Sam Worden 100 North Milpitas Blvd. Milpitas,CA 95035 RESOLIMON NO.2003/ 66 SUBJECT: Accepting completion of improvements for Subdivision 8027, San Ramon (Dougherty Valley) area. (District M) DATE: February 4, 2003 PAGE: 2 NOW THEREFORE BE 1T RESOLVED that the improvements have been COMPLETED as of February 4, 2003,thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY March 3, 1998 American Casualty Co.of Reading,PA BE IT FURTHER RESOLVED the payment(labor and materials)surety for$308,600,Bond No. 158774868 issued by the above surety be RETAINED for the six month lien guarantee period until August 4,2003,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 Rosincress Drive, Rosincress Court, and Lilac Ridge Road, the hereinafter described roads, as shown and dedicated for public use on the Final Map of Subdivision 8027 filed April 17, 1998,in Book 399 of Maps at Page 19,Official Records of Contra Costa County,State of California,are ACCEPTED as complete.Upon acceptance by the Board of Supervisors,the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. Road Name Road-R/W Widths Lengths (Miles) Rosincress Drive 36' to 40'/56' to 62' .34 Rosincress Court 36'/56' .11 Lilac Ridge Road 34' to 40752' to 64' .09 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$6,200 cash deposit(Auditor's Deposit Permit No. 308381,dated February 3, 1998)made by Shapell Industries of Northern California and the performancelnu intenance surety bond rider for$92,580.00, Bond Number 158774868 issued by American Casualty Company of Reading, PA be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2003/66 SURETY Executed in Triplicate Oh�A Tract 8027 Increase-tDsaroatsa► Rider The Bridges at Gale Ranch 1%. Fairway Bridge TO BE ATTACHED TO and form part of Bond Number . _ 158 774 868 -. sued by the American Casualty Company of Reading, PA as gay,on behalf of Shapeli Industries of Northem Califomia ,of Milpitas,CA .~ . _... ,hereinafter referred to as the Principal,and In favor of County of Contra Costa ofMartinez, CA - __...... .`..... . .. ....... .....-.. ...__..._... , . _.. ..w.... _. ._ , . . .. .. , hereinafter referred to as the Obliges,effective the _ 3rd_ . .day of. .Decembe , 1997 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable considem lon it Is under*bod and agreed that effective the 20th day of December.2002 ,and subject to all the terms, conditions aril limitation of the attached bond,the penal sum thereof shall be and the some Is hereby decreased from the sum of Six Hundred Eleven Thousand Two Hundred no/100 Dollars( Q,QQ.--), to the sum of ..Nine_ Two Thousand Five Hundred Eighty no/100 IT IS FURTHER UNDERSTOOD and agmed that sub)ect to all the terms, condltl ms and Imhations of the attached bond, the Aably of the 8uretSr for any love acxurrp�pular to said daft shall not exceed the sum of Six un red Eleven Thousand wo Hundred no/100 Dollars( $611,200.00 or for any bee occurring tmtt to sold date*heli not exceed file stun of_ Ninety Two Thousand Five Hundred Eighty no1100 Dollars( $92,580.00 In no evtrtt,however, shad the aggregate qty of the Surety exoexl the larger of the aforementioned scans, It being the 4 intent Weof to prelude cumulative liability. SIGNED,SEALED AND DATED this 20th day of December 2002 Co my fC ntra ata Shapell Industries of Northern California lu� (Princ ) B American Casualty Company of Reading, PA may) (SOW) SUR-23189-D Pa ela L. Stocks Attorney-In-fsct 72 f• fes' ! Y f R i• 1t 1 4 I ti • • t• R' 1 1 '_.A' • r! i 1 .4. M ;{ • # 1 •' • ..! • !' ►f R• : If i ; L t 'r'"~}•R� + 1. R • •' t : 1•. R • a i� • R•i e. + 11 s: • ;. R:,xa. r:. I► �; • _ 1• s ■ •:' A • • x s`R R:u•<a ;r f - l: ( •- Mwr•• -7t_ w x,: 1 - t ►'_ •: w R77117MOF • r-C i.+ x' •r I A— ij •� .y' i •:.; { �1�:.R�� •t :'• f, it _ 1 - t • 41 f i' 't - ff� '•' 6� ►: 1 f i } .'•� ;1 x r 4� 1 f f Mrf. • ! !• R• - 1 x •. �R • { :• _i • ►� t=,.,li w • • R• 1 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 folkrMng By-Law duly adopted by the Board of Directors of the Company. "Article IX- ftecuflon of Docunwrits Section 3.Appointment of Attomey-in4act.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 atkwneys-In-fact,subject to the limitations set forth In their respective cortfficates of authority,shag 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 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 to authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duty called and held on the 17th 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~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 certiftate of any such power and arty power or certificate bearing such facsimlle signature and sees shall be vend and binding on the Company.Any such power so' executed and sealed and certified by certificate so executed and sealed shah,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-Low duty adopted by the Board of Directors of the Company. "Article W—Executlon of Obl%pdons and Appohvbn*M of Aftorney4n-Fact Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Exscutivs,Senior or Group Vice Presklent may,from time to lime,appoint by written certificates aftywryw4n-fecl to ad In behalf of the Company In to execution of policies of Insurance,bonds,undertakings and other obligatory Instruments of Ike nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certiftates of authority,shall have fail 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 attorney-in-fact." This Power of Attorney b signed and sealed by faceirriffe under and by the authority of the bqowkV Resolution adopted by the Board of Directors of the C;ompany at a meeting duly called and hold on the 17th day of February,1993. "Resolved,that the signature of the Pnw*W or any Exomrdv%Senior or Group Vice P.no 1-61i rdt and the seal of#0 Company my be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of to By-Lava,and the signature of the Secretary or an Assistant Seavlary and the seal of the Company may be afted by bcaknNe to any cerfficate of any such power said any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Arry such power so executed and sealed and cerWW by cerWicate so executed and sealed shell,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 KARTFORD. This Power of Attorney Is made and executed pursuant to and by authority of the foliowing Resolution duly adopted on February 17. 1993 by the Board of Directom of the Company. "RESOLVED,That the President an Executive Vim President,or any Senior or Group Vim Presklent of the Corporation may,from time to time,appoK by written cartlkates,AftToys-in-Fact to act In behalf of the C4rporatlon In the wecution of polies of lneurwxuk bonds,undertakings and other obligatory Inxtrunwft of Mks nature,Such Aftney-h-i-Fact,subject to the limitations ad forth In their respective owillicates of authority,shell have AM power to bind the Corporation by their signakwe and exemAlon of any such trotrument and to attach the reel of the Corporation thereto.The President,an Executive Vice President,arty Senior or Group Vice Preeklent or the Board of Directors may at any time revoke all power and authority previously given to any Attomey4n-FaW 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 ata meeting duly called and held on the 17th 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 facelmlle on any power of attorney granted pursuart to the udon adopted by this Board of Directors on February 17,1993 and the signature of a Secretary or an Assistant Secretary and the 9W of the Corporation may be affixed by facelmle to any carifficate of any such poww,and any power or cerfiftate bearing such facsimile signature and seal shat be valid and binding on the Corporation.Any such power so executed and sealed and certified by cerdlicate 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 member 20 2002 before me, Sandy Banner -• Notary Public Oat* NAME,TITLE OF OFFICER.,`JANE DOE,NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) ( } personalty known to me-OR - (—) proved to me on.the basis of satisfactory evidence to be the persono) whose name(*istxlfmubscribed to the within instrument and acknowledged to me that Mdshe/iM executed the same in bWher/talc authorized capac ttyt , and that by NWhertftW signatures)on the instrument the person(#),or the entity upon behalf of which the person(io acted* executed the instruments rrNEssw y nand and oat. SANDY KANNER Commission#1388,57 xx xi Notary PL6k-CallCo�* 4 ' Los ArQe%t Ca* SItiNA RE OF NOTARY My Comm.Expires Jul 2,2008 OPTIONAL Though the data below is not re Ired by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ( INDIVIDUAL (._..) CORPORATE OFFICER TITLE(S) TITTLE OR TYPE OF DOCUMENT (_...) PARTNER(S) {..._) LIMITED (----)GENERAL NUMBER OF PAGES ( ATTORNEY-IN-FACT (.....? TRUSTEE(S) GUARDIANICONSERVATOR (..-...) OTHER DATE.OF DOCUMENT SIGNER 13 REPRESENTING: NAME OF PERSON(SOR ENTITY(IES) American Catsuait� th�Ian€y of Reiding,Penns vanis SIGNER(S)OTHER THAN NAMED ABOVE c1-ro7's�-e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of F�16Arss. On 1 0 Q before me, � �'t �� \ • \� -`� Date '' `a (e.g,•Jean Doe.NM PLtk personally appeared—`--a – + `s Qr� N-**)of Sly OOS) rsonaliy known to me 0 proved to me on the basis of satisfactory evidence to be the personK whose nameg is/eFe-- .- – – subscribed to the within instrument and JANICE T KRUSE acknowledged to me that he/ executed Commbaion i 1318M the same in hisilhefAl"lr authorized Notary Public-Callfinmia capacitypeaj; and that by his/heAhefr Santa Clara County signatureW on the instrument the personW,,or 1hqy'CWMBVhwAug24,2W5 the entity upon behalf of which the personof acted, executed the instrument. ITNESS my hand and offlclW seal. SwAuve of Notky Pubro A � AL Though the Information below Is not required by law,R may prove valuable to penvis+ung on the document and couAd prevent haudutent removal and reattarhar"of this tam to another almm nt. Description of Attached Document Title or Type of Document: 1 Document Date: Number of Pages: Signers)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: • Individual Top of fto„b here O Corporate Officer—Title(s): • Partner—0 Limited 0 General ® Attorney-in-Fact 0 Trustee • Guardian or Conservator O Other. Signer Is Representing: 0I NOMW Notary Amdedort-era De sant Ave..PA Boa 242•Chabworr,,CA 0131"Q2-wnvw.nrtlarh ry b p Prod.No.seor Reorder Cdl Tb$+rw 1