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Home My WebLink AboutRESOLUTIONS - 01012003 - 2003-089 CONTRA COSTA Co Recorder Office �`•�� ST KN L. GEIR Clerk-Recorder Recorded at the request of: DOC— 20b-0067353-00 67353-00 Contra Costa County Board of Supervisors Wednemlay,, FEB 12, 2003 11:03:12 Return to: FRS $0.00 Public Works Department 1t l Pd $@,N N?r-013146$4 Engineering Services Division �+ 1 r C/RS l 1-7 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 11, 2403,by the following vote: AYES: SUPERVISORS GIOIA, UIU(EEM, GLOVER AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR DONNA GERBER ABSTAIN: NONE RESOLUTION NO.2003/ 89 SUBJECT: Accepting Completion of Improvements for Subdivision.Agreement(Right-of-Way Landscaping)for Subdivision 8105,San Ramon(Dougherty Valley)area.(District III) The Public "Works Director has notified this Board that the Right-of-Way Landscaping improvements on Pedestrain Trail South of tract 8145 Cedar Bridge in Subdivision 8145 have been completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Shapell Industries ofNorthern 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,SVRETY September 21, 1999 American Casualty Company ofReading,PA Iamw 0:K3rpDs:a`Eng5vc113012003\2-1I-03\SUB 8105 DO-45,doc OrWaator: Public Works(ES) Contact:Teri Ric(313-2363) 1 hereby Certify that this is a true and correct Copy of an action taken ee: Public works Acoo,undU&Taut T.D.95-2578030 and entered on the minutes of the Board of Supervisors on the date -T—3-18-03 shown. Recorder(va ice,then PW Services American casualty Coarparny of Reading,PA. 21650 Oxnard street,Suite 760 ATTESTED: FEBRUARY 11, 2003 WoodhM 1Ells,CA 9362 City of San Ra mn JOHN SWEETEN,Clerk of the Board of Supervisors and County "toy*Pukuda Administrator 2222 Canino Raumn San Raamon.CA 94583 Shq)4 Ynclustaies ofNo.CA Sawn Warden&Stove savage P.O.Box 361169 By— _ ,., Deputy N(4itaa,CA 95035 RESOLUTION NO.2003/ 89 SUBJECT: Accepting Completion of Improvements for Subdivision Agreement(Right-of-Way Landscaping)for Subdivision 8105,San Ramon(Dougherty Valley)area.(District M) DATE; February 11, 2003 PAGE. 2 BE IT FURTHER RESOLVED the payment (labor and materials) surety for $51,000.00 Bond No. 929097489 issued by the above surety be RETAILED 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 8105 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$1,000.00 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 $15,150.00, Bond Number 929097484 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 N0. 20}3/89 SURLTYExecuted in Triplicate Subdivision 8105 Increase-Decrease Rider TO BE ATTACHED TO and form part of Bond Number issued by the American Casualty Company of Reading,PA as Surety.on battelf of Shapell Industries of Northern California,A Division of Shaped Industries, Inc. of Milpitas,CA hereinafter referred to as the Pdncipai,and in favor of County of Contra Costa ofMartinez,CA r r,.,_,r. _. .._.. . .. ...>" ..... ,r_..r __...... r . .r_. r.wr..r s... _. .. w... . .. r. hereinafter referred to as the Obligee,effective the 31 st_ >day of, Ataust, x1999 . r, IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 1 st day of , October a 2002 F and subject to all the terms, conditions and limitations of the attaaed bond,the penal sum thereof shall be and the same Is hereby decreased from the sum of One Hundred One Thousand NO/100 (Performance Only) Dollars to the sum of ill Th used One Hundred Fifty (Performance Only) Dollars($15,150-09 ). IT IS FURTHER UNDERSTOOD and geed that subject to all the terms, conditions and limitations of the attached bond, the Mob itdabW of fe Surety for ousandfloss occurring prlor to sold date shall not exceed theu of y} (PerformanceOne Onl .._..,r.r Dolam($101,000-00 41 or for rent'loss occ u mM to date shall not d the sum of Fifteen Thousand Dne Hundred Fi (Performancen yiiars In no event however,shad the aggregate Nal ft of the Surety wweed than larger of the aforementioned sums, it being the Intent hereof to preclude cumuletho SIGNED,9F.A w AND DATED this 3rd day of Sept r., 2002. Accepted By: Shapell Industries of Northern California, County of Contra Costa a Division of Shapell Industries, Inc. LOP M - Arner asualty Company of Reading,PA (Surety , r - - (seal) SUR-23169-D Pamela L. Stocks Attorney4n-fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men Ey 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(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,Individually,Individually Of Sherman Oaks,California their true and lawful Attorney(s)4n-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 corporation 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 Vice President and their corporate seals to be hereto affixed on this 25th day of June,2002. tyNs�lst a d Continental Casualty Company DW National Fire Insurance Company of Hartford b American Casualty Company of Reading,Pennsylvania ael a State of Illinois,County of Cools,as. Michngler Group. nt On this 25th day of June,2002,before me personally cisme Michael Gengher 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 Group Vice President of Continental Casualty Company,an INirois 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 oorporedorw, 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. -00000 "OFFICIAL SEAL" DIANE FAULKNER Notary Public„State of Illinois AAr Commission Expire 9117105 ------------- My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Ribfikawskls,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a ConnectW 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 sal In force.In testimony whereof i have hereunto subscribed my name and affixed the seal of the saki corporations this 3rd day of_Snt_ r —2002 Continental Casualty Company raga wvft National Fire Insurance Company of Hartford Y iI, American Casualty Company of Reading,Pennsylvania M Mary A.R Assistant Secretary (Rev. 10/11/01) Stats of CALIFORNIA County of LOS ANGELES On September 3, 2002 before me, Sandy Banner - Notary Public Dat* NAME,TITLE OF OFFICER.."JANE DOE.Nt31 ARY 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(t)whose name(4 Isl2wimbscribed to the within instrument and acknowledged to me that !! ishe/AW executed the same in bWher/MW authorized capaclt!y( , and that by N When signature(*) on the instrument the person(S), or the entity upon behalf of which the person(* acted, executed the instrument, rASANDY HANKER WITNESS y hand and o seal. 0MyLAZComAfes �mission 13021 ST NY 'CLos Anpaks CotxdyRY Comm.Ea ani Ad Z 2tlf>f! OPTIONAL 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 (�) PARTNER(S) (__..) LIMITED GENERAL NUMBER OF PANES ( ATTORNEY-IN-FACT {) TRUSTEE(S) {) GUARDIAN/CONSERVATOR ( .�) OTHER DATE OF DOCUMENT SIGNER is REPRESENTING: NAME OF PERSON(S�OI�I ENTITY(IES) American Casualty_ mparly of Reading,Penni an a SIGNER(S)OTHER THAN NAMED ABOVE c�-�ara2a-e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of `= _�� `t �. ss. Can ')_ C. C�- – before me, 0&1 Akms and Ift of Oftw{s.0..Jww Dos,ttM pobNc`} personally appeared Nams(q of .) rsonaly known to me ❑ proved to me on the basis of satisfactory evidence to be the personal"whose name is/afe - subscribed to the within Instrument and acknowledged to me that he/ executed � y the same In - hisfhsrlthheir authorized dANICE T.KRUSE paclty{feej, and that by his/Aet4edr Commisslon#73111:887 signatur4K on the instrument the personK,,or Notary Public-Calltomia the entity upon behalf of which the persoror Santa Clara County acted,executed the Instrument. Vy Cf7mm. Aug 24,2W5 ESS my hand and official seat. SOMWM of Notwy Pibk OP Though the►doumeW n bebw is nor mored by law,a may prove vahrable to perwo mPft on Bre document and could puwv& haudu**uammval and raatkwhnw*of this torm to another dorf mmt Description of Attached Document Title or Type of Document, z�t-k_sg°:j Document Date. Plumber of Pages: Signers)Other Than Flamed Above: Capecity(les)Claimed by Signer Signer's Name: ❑ I uat S l5'T , (=? Tori of Corporate Officer—Tlde{s): ❑ Partner--❑Limited ❑General ❑ Attorney-in-f=act ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: - + 0 1999 NadmW W"AWMWMM•OW Do Sob Ave,P.O.Bw 24M•Chsfswu1K Cut 9191 3-24M•www na0mnako".cM prod,NM MW Rwrdsr:W tb&Frse i40"7ti W