HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-088 . IIIi 111 l!I I ill i!!!Il l hill l l 11 illl!11111 l il111111
CONTRA COSTA Co Recorder Office
STEPHEN L, WEIR Clerk-Recorder
Recorded at the request of. DOC— 20D3_D067352-00
Contra Costa County
Board of supervisors Wednesday, FEB 12, 2003 11:03:08
Return to. FRE $0.00
Engine works Department
Services
Divi Tt l Pd $0.00 Nbr4@11314883
Engineering Services Division
Records Section 1 rC/R 9/1-7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 11, 2003, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: SUPERVISOR DONNA GERBER
ABSTAIN: NONE
RESOLUTION-NO. 2o03/ 88
SUBJECT: Accepting completion of improvements for Right-of--Way Landscaping Agreement
for Subdivision 8027, San Ramon(Dougherty Valley) area. (District III)
The Public Works Director has notified this .Board that the Right-of-Way Landscaping
improvements on Rosincress Drive and Rosincress Court in Subdivision 8027 have been completed
as provided in the Subdivision Agreement(Right-of-Way Landscaping)with Shapell Industries of
Northern California heretofore approved by this Board in conjunction with the filing of the
Subdivision Map.
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of February 11,2003,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 SURETY
September 21, 1999 American Casualty Company ofReading,PA.
JG:cw
a-'�GfiDAtIT+tgsvc\80\2003r2-11-031,SU$8027 BO-45 RWL.doc
originator: Public works(ES)
Contact- Teri Ric(313-2363) l hereby certify that this is a true and correct copy of an action taken
cc: Public works Accounting,Tax 1.D.95-257803o and entered on the minutes of the Board of Supervisors on the date
-T.Bell,Construction Div. up
-L Bergeron,Mapping Div. shown.
Recorder(via QW,then PW Engineering Services
T-3-1"3
Shapell lW wtries of No.CA ATTESTED: I ' RUARY 1 i 200 3
Steve savage,Sam worden a Jim Gold JOHN SWEETEN,Clerk of the Board of Supervisors and County
P.O.BoxAdministrator
Mifpiiaa,CAA 95 95035
American Casualty Company of Reading,PA.
5820 Canoga Ave.,Suite 200
WOOdlaW City o SanRamon By CA 91367 B
y
Joye Pukuda ` Deputy
2222 Canino Ramon
San Ramon,CA 94583
RESOLUTION NO.2003/ 88
r
SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement
for Subdivision 8027, San Ramon(Dougherty Valley) area. (District III)
DATE: February 11, 2003
PAGE: 2
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $71,600.00
Bond No. 929097478 issued by the above surety be RETAINED for the six month lien guarantee
period until August 11,2003,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 the Right-of-Way Landscaping improvements in
Subdivision 8027 are ACCEPTED as complete.Upon completion of the warranty and maintenance
period, the San Ramon City Council shall accept the public 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 $1,432.00 cash deposit(Auditor's Deposit Permit No.337456,dated
September 7, 1999) made by Shapell Industries of Northern California and the
performance/maintenance surety bond rider for$21,270.00, Bond Number 929097478, 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.
RESOLUICION NO. 2003/88
SURETY Executed in Triplicate
Subdivision 8027
Increase -Decrease Rider
TO SE ATTACHED TO and form part of Bond Number .._._..._.. issued by the
_American Casualty Company of Reading, PA
as Surety,on behalf of Shapell Industries of Northern California,A Division of Shaped industries, Inc.
of Milpitas,CA ..,
hereinafbar referred to as the Principal,and
in favor of County of Contra Costa
of. ..Martinez,CA
hereinafter referred to as the Obligee,effects the
31st_ . day of, August, 1999.
IN CONSIDERATION of the premkrm charged for the attached bond and other good and valuable consideration it is
understood and agreed that effecthm the 1st day of October ,2002 ,and subjed to an the firms,
conditions arid llmitatlans of the attached bond,the penes sum thereof shall be and the same Is hereby decreased
from the sum of One Hundred FortyOne Thousand Eight Hundred N01100 (PeEfQmaanca Only)
to the sum of Twenty C)ne Thousand Two Hundred Seventy N0/100 (Per
for { QGl. 9�),
tPerforrr►ance Only)
Dollars
IITT IS FURTHER UNDERSTOOD and that subfect tn'Mwo all the terms, conditions and limitations of thea bond,
Cane u rec f ne usan* Ei un+��ed f�1C shall not@XCeWthe urs of
(�'e ormance Onix)
.�.Dogs{$141.800.00
or for any tames occurring �rerit to said date shall not d the�n of
ousand Tw ndred Seven
0 100 {Pe ormance n liars{-._21
In no avant;,however,shah the "'----•��... .)
aggregate lability of the Surety exo9ed the larger of the aforementioned sums, it being the.
Intent hereof to preclude cumuW"llabft.
SINNED,SEALED AND DATED this 3rd day of September. 00 .
Accepted By.
Shapell Industries of Northern California,
County of Contra Costa a Division of Shapell Industries, Inc.
1)4A A j
{l�rirtcipeti}
U=
n 14 Company of Reading, PA
{Su )
(SOW)
SUR-23169-D Pamela L. Stocks Aft mey4ry-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,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(heroin 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, levedy A. Hall,Sandra V. Hanner,Individually,indlvidua
of Sherman Oaks,Califomia
their true and lawful Attamey(s)-in-Fact with full power and authority hereby conferred to sign,seat 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 ii such instruments were signed by a duiy authorized officer 7f their corporations
and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and oonfirrned.
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 Vice President and their corporate seals to
be hereto affixed on this 25th day of June,2002.
Continental Casualty Company
p°w0cwab National Fire insurance Company of Hartford
SEALr PAI I. American Casualty Company of Reading,Pennsylvania
State of Illinois,County of Cook,as:
Michael ngier droup Yke Pres nt
On this 25th day of June,'2002,before me personally came Michael Gengler to me known,who,beim by me duly sworn,did depose and
say:that he resides In the City of Chicago,State of Illinois,that he is a Group Vice President of Continental Casualty Company,an Illinois
corporation,National Fire Insurance Company of Hartford,a Connecticut 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 oards of and
the BB
Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowf same too tilbthe aand deed of
said corporations.
"OFFICIAL SEAL•
DIANE FAULKNER 5
Notary Nblic,Stats of Illinois
MY Ccmrnissian Expirn 9/17/05
My Commission Expires September 17,2005 Diane Faulkner Notary Pubile
CER71FICATE
1,Mary A Ribikewskds,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify
that the Power of Attorney herein above Be forth is still in fvroe,and further certify that the BY-Law and Resolution of the Board ofDirec�carrs of
the corporations printed an thn hereof is stil in forma.In testimony whereof I have berento subscribed my name and affixed the seal of
the said corporations this ra day
Continental Casualty Company
National Fire Insurance Company of Hartford
PAY SE/u aoa American Casualty Company of Reading,Pennsylvania
ary A.PJbkaWskis Assisthnt Secretary
(Rev. 10111101)
State of CALIFORNIA
County or LOS ANGELES
On _September 3, 2002 before me, Sandy Iianner -� Notary Public
Bate NAME,TITLE OF OFFICER.."JANE DOE, NOTARY PUSIIC-
personally appeared Pamela L. Stacks
NAME(S)OF SIGNER(S)
{ ) personally known to me--OR—()proved to me on the basis of satisfactory evidence to be
the persona) whose name(*Isl2je tsubscribed to the within instrument and acknowledged to me that
Weheflbag executed the same In hlWher!>lt W authorized capacitypai, and that by int fJher/We
signature(s) on the instrument the person(it), or the entity upon behalf of which the Person(* acted,
executed the Instrument.
SANDY MANNER WITNESS hand and o seal.
Commission S 13822157
Notary Pubk-Calbrfis
CommsJulTU OF NOTARY
Los
counly
opnoNAL
Though the data below is not required 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) TITLE OR TYPE OF DOCUMENT
C--.-) PARTNER(S) (..�) LIMITED
{�) t3ENEAAL
( ) ATTORNEY IN•FACT` NUMBER OF PAGES
C--•-) TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER 18 REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Casualty Company
- or Reading, Pennsylvania SIGNER(S)OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of NTy C ,.-,on CA
ss.
before me, t� a
Name and Tmh a OMM(0.9.,'JW0 Doe,Nasty P
personally appeared t-kist g R-\r->
N-Ws)of SWI*r(s)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the personX whose name`Istars-
subscribed to the within Instrument and
JANICE T.KRUSE acknowledged to me that he! executed
Ccmmlaalon#1318697 the same in histheMliefr- authorized
Notary Public-California capaclty(4e* and that by hIsl4etkhe0
Santa Clara CountysignatureWon the instrument the personA, or
MYC:cmrn. Ki x2005 the entity upon behalf of which the personw
acted, executed the instrument.
ITNESS my hand and officl I seal.
or Nary Ptd 9k
OP
1�c the k)f0"W o n bobw is not requrrrd by row,it may prow ysd y to vee re64V ar Me docunwnt and omW"v"
ttauduA"remover and reattachment of ft foml to eroother docu~t
Description of Attached Document
Title or Type of Document: e-z-"
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer
Signer's Name:
❑ I ual Top d dmxnb hero
Corporate Officer—Title(s): �,•,-�-,
❑ Partner—❑Limited ❑General
❑ Attomey-in-Fact
Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing. -`-
loin
d 1999 Nao"Nob"AssodoWn-9366 Do Sohl Aw.,PO.Box 2402• 4 CA 913132402-www
iMOMWOU'+Y-9 Prod.No.x967 Hsordsr:Cd r"1