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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-090 11111 IN 1111111111111 x,17 CONTRA COSTA Co Recorder Office STEM L, 6IR Clerk-Recorder Recorded at the request of, DOC— 201 4-00 Contra Cosh County W�dtad Board of Supervisors We $0.98a FEB 12, 3003 11:03:14 Return to. Public Works Department Tt l Pd $8.08 Nbrr I314685 Engineering Services Division r C/R /1-7 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on February 11,2003,by the following vete: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR DONNA GERBER ABSTAIN: NONE RESOLUTION NO,2003/ 90 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 8131, San Ramon(Dougherty Valley) area. (District ffi} The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements on Lilac Ridge Road,Jadecrest Court and Jadecresl Drive in Subdivision 8131 have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping)with Shapell Industries ofNorthem California heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT RESOLVED~that the improvements have been COMPLETED as of February 11,2003,thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement. DATE OF AGREEMENT NAME OF SURETY September 21, 1999 American Casualty Company of Reading,PA. JG,cw ri.V) MSU\EUSvcl$O120o3\2-11.03\SUB 8131 110-45.doc Originator: Public Works(BS) contact:Teri Rie(313-2363) I hereby certify that this is a true and correct copy of an action taken cc: PublicRecor Works AccotPW E rax LD.enn Services e030 and entered on the minutes of the.Board of Supervisors on the date Recorder(via 4 ,then FW Errgirxxring services p T—3-18-03 shown. Shaped Industries of No.CA Sam Worden&Steve Savage P.O.Box 361164 ATTESTED:_ FEBRUARY 11, 2003 Milpitas,CA 95035 SOON SWEETEN,Clerk of the Board of Supervisors and County American Casualty Conpany of Reading,PA. $820 Canoga Ave.,Suite 200 Administrator Woodland Hr'tla,CA 91367 City of San.Ramon Joye Fukuda 2222 can iiou Ramon By___ _ ' 'r" Deputy San Raman,CA 94593 RESOL'[TTION NO.2003/ 90 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 8131, San Ramon(Dougherty Valley) area. (District M) DATE: February 11, 2003 PAGE: 2 BE IT FURTHER RESOLVED the payment (labor and materials) surety for $92,600.00 Bond No. 929097483 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 8131 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 ofthe warranty and maintenance period is hereby established,and the$1,900.00 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$27,495.00, Bond Number 929097483 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. RESOMION NO. 2003/90 Executed in Triplicate SURY Subdivision 8131 Increase-Decrease Rider TO BE ATTACHED TO and form part of Bond Number issued by the American Casualty Company of Reading, PA ars Surety.on behalf of Shaped Industries of Northern California,A Division of Shapell Industries, Inc. of Milpitas,CA hereinafter referred to car the Principal,and In favor of County of Contra Costa of. ..».Martinez,CA _....... .. ..... . .. ....._ .....r_»_.. »., . . . _. .,...... ., . ..._ �.-_. _ ... . .. .. herelrhsfter referred to as the Obligee,effective the 31 st_ .day of. August, 1999 IN CONSIDERATION of the premium charged fbr the attached bond and other good and valuable consideration It Is understood and agreed that effective the 1 st day of , October ,2002 ,and subject to an the terms, condIdons and ffrrdtatons of the attached torsi,the penal sum thereof shelf be and the some Is her sby decreased from the sum of One Hundred Elghly Three Ewen even ousan our un r ine ive 00 Dollars( 3 � to the sum of . . „.. tPertormance Only) Dollars( $27,495.001 ), IT IS FURTHER UNDERSTOOD and agreed that subject to all the team, conditions and Ilmitations of the attached bond, the abs of ttta►Sureew for any c urr€re prior to �d date;ha�not exceed the ung of tine unfired i Three housan�di hree undyed 031100 {�e armance Only) or for any loss occurrkta submquent:to sold date shall not exceed the mum of Twenty Seven Thousand Four Hundred Ninety Five NOM (Performance Only) Dollarr;{ $27,495RQ_ .). In no event,however,shell the aggregate flabllltlt of the Surety wweed the larger of the aforementioned,scans, it being to Intent hereof to pmdWe cumulate ilal fflty'. SIGNED,SEALED AND DATED Oft 3rd day of �Sent�emher. , 2002. Accepted By: Shapell Industries of Northern California, County of Contra Costa a Division of Shapell Industries,Inc. ay. AAL"-�W-' sly: '/4 American Casualty Company of Reading, PA (Surety) (Sea) $U 23169-D Pamela L. Stocks Attorney-In-fad POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called "the CNA Companies'),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L.Stocks,Bever) A Hall,Sandra V.Kanner,Individually.Individual) o hemran Nits,CaI la their true and lawful Attoimey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf. bonds,undertakings and other obligatory Instruments of similar nature --In Unlimited Amounts-- and to bind them thereby as fully and to the some extent as W such instruments were signed by N duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given Is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as'indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 25th day of June,2002. OVTA�-- Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania xrl$r, �� . .. MichaelWangler 5roup VG President State of Illinois,County of Cook,ss; On this 25th day of June 2002,before me personally came Michael Gengler 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 Group Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecftd 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 corporatkx w-, 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 sold corporations and that he signed his name thereto pursuant to like authority,and acknowledges some to be the act and deed of said corporations. "OFFICIAL SEAL' DIANE FAULKNER ry Notorylkiblrc.."dots of INinois AlyC.WftW1xsI*n Espirss 9/17/05 My Commission Expires September 17,2005 6-la ne Faulkner Notary Pub) CERTIFICATE 1,Mary A.Riblkawskis,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 set forth Is still In force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed t rerea hereofIs still�efop' stimony whereof I havl"unto subscribed my name and affixed the seat of the orporations this s" Continental Casualty Company o0wooft National l=ire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania r. WAL tsars Mary A.Ribikewskis Assistant Secretary (Rev.10/11/01) State of CALIFORNIA County of LOS ANGELES On September 3, 2002 before me, Sandy Banner - Notary Public Date NAME,TITLE OF OFFICEA.,"JANE DOE, NOTARY PUBLIC' personally appeared Pamela L. Stooks NAMES)OF SIGNER(S) personalty known to me–OR– (—) proved to me on the basis of satisfactory evidence to be the persron%)whose name(*Is/a>imubscribed to the within instrument and acknowledged to me that hWshe/itM executed the same In tsWher/tlalc.authorized capacity , and that by Nwherb signature(mi)on the Instrument the person(S),or the entity upon behalf of which the person(o acted, executed the Instrument. sANOYrvwr WITNESS y hand and offidal seal. Comnsissbrt $1302`151 Notary Public-Cs#brrrGr Los A Y Sif3NAtRE OF NOTARY 2000 OPTIONAL. Though the data below is not required by later, 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) (.....) UMITED 4)GENERAL NUMBER OF PACES ( ) ATTORNEY-IN-FACT TRUSTEE(S) ( ) GUARDIAN/CONSERVATOR (..._) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON())) OR ENTITY(IES) American Casualty Compan.Y of Reading,Pennsyyan a SIGNER(S)OTHER THAN NAMED ABOVE 040742" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California (� ss. County of On C>-Z— before me, � iN oat. XWft TMO of OMCK(*.Q.,'JW*nor personally appeared ' 4B S,0 N ur Of ft-98) ,06�rsonaliy known to me ❑ proved to me on the basis of satisfactory evidence to be the person>rwhose nameW-isles subscr€bed to the within Instrument and acknowledged to me that hetskeVftexecuted the same In hlsAwmAheir- authorized =• capacity(iee3 and that by histherMwAr JANICE T.KRUSE signature(4on the Instrument the person(, , or Comrnrisalon#1318697 the entity upon behalf of which the persoW Notary public-California acted, executed the Instrument. Santa Clea County NESS my hand and official apal. sEgxnx.d�ry 1410 OPTIONAL Ttwugt the ft*mwdon below hf not required by law,h may prove vaha bb to pars"mly#ft7 on ft docuftwq and oarid prevent fraudulent removal and reaftaohment of fhla firm to woff er t Description of Attached Document Title or Type of Document: Document Date: Number of pages: Signer(sj Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: ® Individual � \ S t � �. Toy of thwb here Corporate Officer---Tltle(s): } V ❑ partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ guardian or Conservator ❑ Other: Signer Is Representing: � to.3,4:'� -=N-.C,- O i NO NG*X*WWY Aseorae M-WW M Edo Ave.,P.O.Boac.24C2+ wort%CA 0191"4M+www.n&fwahftry.py Pmd.Ne.6W1 Rvordrr:CIA 7bkfF w 1