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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-091 CONTRA COSTA Cc Recorder Office STMN L. WEIR Clerk-Recorder Recorded at the request of: DCC— 200 --0067355-00 Contra Costa County Board of Supervisors Wednesday, FES 12, 2003 11:03:18 Return to: FRE �9 $0.00 �y q Public Works Department T4l Pd $8.H Nbr-NO1314686 Engineering Services Division 1 r G I RS/1-7 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted 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/ 91 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 8132,San Ramon(Daugherty Valley)area. (District Ill) The Public Works Director has notified this Board that the improvements (Right-of-Way Landscaping)on Lilac Ridge Road,Sweetgale Drive,Aspenwood Court,Danny Court,Commodore Court and Caraway Court in Subdivision 8132 have been completed as provided in the Subdivision (Right-of-Way Landscaping).Agreement With Shapell Industries of Northern California,heretofore approved by this Board in conjunction With the filing of the Subdivision Map. JG:cw 0:\GMData\E',ngSvcl$01200312-11-03\SU$8132$045Aoc Originator: Public Works(Es) I hereby certify that this is a true and correct copy of an action taken Contact: Teri Rie(313-2363) and entered on the minutes of the Board of Supervisors on the date C= Public Works -Tax I.D.932578030,Accounting shown. Recorder(via CWO,then PW Engineering Services T-3-18-03 ATTESTED: FEBRUARY 11, 2003 Shapell Industries of No.CA Sam Worden&Steve savage JOHN SWEETEN,Clerk of the Board of Supervisors and County P.O.Box 361169 Administrator Milpitas,CA 95035 American Casualty Company of Reading,PA. 5820 Canogs,Ave.,Suite 200 Woodland Fulls,CA 91367 By _ ,Deputy City of San Ramon 3oye Pukuda 2222 Camino Ramon San Ramon,CA 94583 RESOLUTION NO.2003/ 91 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 8132, San Ramon (Dougherty Valley) area. (District III) DATE: February 11, 2003 PAGE: 2 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 QF AGREEMENT NAME OF BANK/SURETY September 21, 1999 American Casualty Company ofReading,PA BE IT FURTHER RESOLVED the payment(labor and materials) surety for$841,100.00, Bond No. 929097479 issued by the above surety be RETAINED for the six month lien guarantee period until August 11,2003,at which time the Clerk ofthe 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 8132 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 period is hereby established,and the$16,800.00 cash deposit(Auditor's Deposit Permit No.337456,dated September '7, 1999)made by Shapell Industries ofNorthern California and the performance/maintenance surety bond rider for $37,695.00, Bond Number 929097488 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. RESOLUrION NO. 2003/91 Executed in Triplicate wAr% " �� Subdivision 8132 XREF 7796 Increase-Decrease Rider TO BE ATTACHED TO and tM part of Number .929-MAW.._......_.. Issued by that American Casualty Company of Reading,PA as qUr*.on half of Shapell industries of Northern California,A Division of Shapell Industries, Inc. of Milpitas,CA hwelnafter referred to as the Principal,and In favor of County of Contra Costa ,of. a Martinez,CA ......... .�.._.. . .. ...... .,..., ...,..,_._.. ..... . .._.. .,n.... ..... .. - _.. . .. hereinafter referred to as the obligee,effective the, 31St_ da +of August, 1999, a Y ,a IN CONSIDERA71ON of the premium charged br the attached bond etas other good and valuable consideration it is understood and agreed that effective the _1 st day of , October ,2002 ,and subject to all the terms, condone alai Nrnhatbons,of the attached bond,the PwW sum thereof shall be and the some Is hereby decreased from the sum of Two Hundred Fifty Qn2 Thousand Three Hundred N01100 ,(PerformanQ2 001y) to the sum of TbirtY�Se en Thosand Six Hundred Ni ety Five N yrs t fly) o )� �_, _�, n 01100 (Performance only} Dollars(137- 95.00 IT IS FURTHER UNDERSTOOD and that sub)ect to all the tams, Conditions and Nmltatlons of the attached bond, two" un red i 0f ne ousanndd riree '"u � Q � a not s�ocesd the ue grrr ace only} or for bss o0cuothol to eek! shah ncrt d the start ofW Thi even Thousand S x unfiredbine Five N 100 Dollarq,(S37.695- Q.. In no svent„however,Mall the aggregate NablNty of the Surety w=ed the larger of the aforementioned scans, It being the Intent hereof to preckkle cumulefte Ilabft. SIGNED,3lrALE0 AND DATED this 3rd day of Sepjemhar. , 2Q02, Accepted By: Shapell Industries of Northern California, County of Contra Costa a Division of Shapell Industries, Inc. (PrftI*) ally Company of Reading,PA (� rety) . .►moi cam.... {See) SUR23189-D Pa ela L. Stocks Attomey-inrfact 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 duty 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,"q A.Hall,Sandra V.Hanner,Individually,Individual! of therman?5W*-,Ca mla their true and lawful Attorney(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 ads 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-taw and Resolutions,printed on the reverse hereof,duly adopted,as Indicated,by the Boards of Directors of the corporations. In Wltness 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. a Continental Casualty Company orr National Fire Insurance Company of Hartford • American Casualty Company of Reading,Pennsylvania BEAL � State of Illinois,County of Cook,as: Michael ng r Group Vice PresWent 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 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 saki Inativnent 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 same to be the act and deed of said corporations. 'OFFICIAL SEAL" DIANE FAULKNEIt Notary lLblie,Slots of Illinois My C anrWtWon Expires!/17!05 40000000000 My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.RibAxawskis,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 Of 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 seat of the said corporations this__-321L..- day of Sit _ 2002 , Continental Casualty Company National Fire Insurance Comparry of Hartford Arnerkcan Casualty Company of Reading,Pennsylvania Mary A.ROW—skis Assistant ry (Rev. 10/11/01) State of CALIFORNIA County of LOS ANGELES On September 3, 2002 before me ,Sandy Banner _ Notary Public Dat* NAME,TITLE OF OFFICER..`JANE DOE.NOTARY PU9uC` pelrsonally appeared Pamela L. Stocks NAMES)OF SIGNERS) (2L)personally known to me–OR–(—) proved to me on the basis of satisfactory evidence to be the person(tt)whose name(#lshtmoubscribed to the within instrument and acknowledged to me that WWsho/Jh elc executed the same in hivlherlttakt authorized capacity, and that by XWherll signature(s) on the instrument the person(Q, or the entity upon behalf of which the person(30 acted, executed the instrument. ...� SANDY Fi+MEMM WITNE my hand and Pdal seal. CommligWan*1362167 Los MOBW CCU* SIG RE OF NOTARY My Comm.=J4A2,2W8 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 farm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (�} INDIVIDUAL } CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT {) PARTNER(S) (v..) LIMITED ) GENERAL NUMBER OF FACIES ( ) ATTORNEY-IN-FACT (�) TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS OR ENTITY(IES) American Casualty ompany R Reading, PennsvanFa- � SIGNER(S)OTHER THAN NAMED ABOVE dw�arxs-s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Sp` .. _ On t3 . . __before me, Name wo Ift o1 Cftw t•.9 +•vae..�1 personally appeared R � - Neme(•)of SV*rtN personally known to me proved to me on the basis of satisfactory evidence to be the person(arwhose name,,(dj israra. subscribed to the within instrument and acknowledged to me that hetmY executed �•+ - -=- the same In hislheritha r authorized JANICE T KRUSE capacity(iee}, and that by hlsthetll; W Commission 8 9318687 signature(sron the instrument the personK,or Notary Public-California the entity upon behalf of which the personal Santa Clare County acted,executed the Instrument. MyComrn ExphwAug24,2W51 muss my hand and offs al. SVWWN of OPTIONAL Though 8+e wormation belbw la not megL*w by law,it may jamm vakwbio to permw relying on rhe document and coud prevent fraudulent removal and reattachment of 06 form to a w*w document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: 01 ual f� Top at uw�}1m rporate Officer---Title(s): `�� 0 Partner---D Umifed ©General • Attorney-In-Fact • Trustee Ci Guardian or Conservator • Other: Signer Is Representing:-_3 t•J -.- 0 IM Nad4 W NoWy A Wn-solo 6e sea An,PA So 24M•crwtrowft,CA 9131"4M+www *M Prod.No.&W PAwde`:can W-Free i