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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-093 �' ' ., � 111111�1111111111�II�III�IIIIIIill�lll��lllllll�l CONTRA COSTA Cc Recorder Off ice Recorded at the request of: STERN DOC—L,�ZIR1�,��?35r.... Contra Costa County Board of Supervisors W+t&wsday,, FEB 12, 2003 11:03:20 Return to: FRK $0." Public Works Department Ttl Pd �89 Nbr-66013146 7 Engineering Services Division I r C/R 311-7 Records Section 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.2003/ 93 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 8189, San Ramon.(Dougherty Valley) area. (District II) The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements on N.Gale Ridge Road in Subdivision 8189 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 SURETY August 17, 1999 American Casualty Company ofReading,PA. Jo.r.w rs:\G:pData\&gSvciB012003\2-11.03\"8189 B0 45.doo Originator- Public Works(ss) I hereby certify that this is a true and correct copy of an action Contact:Teel Ria(313-2363) taken and entered on the minutes of the Board of Supervisors on cc: Public Works -Accounting,Tax I.17.95-2578030 Recorder(vis QdL,then PW Engineering services the date shown. T--3-18-03 Shapell SteveS vage,SNo.cA ATTESTED: FEBRUARY 11, 2003 Stevie savage,Sam Worden bt Jim Gold -P.O.Box 361169 JOHN SWEETEN,Clerk of the Board of Supervisors and Mihpias,CA 95035 County Administrator Armeicaa Casualty Company of Reading,PA. 5824 Camp Ave.,Suits 200 Woodland hulls.CA 91367 City of San Ramon Joy*I'ukv& By. ,Deputy 2222 Camino Ramon ' San Ramon,CA 94583 RESOLUTION NO.2003! 93 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 8189, San Ramon(Dougherty Valley) area. (District Q DATE: February 11, 2003 PACE: 2 BE IT FURTHER RESOLVED the payment (labor and materials) surety for$139,500.00 Bond No. 190723714 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 8189 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$2,819.00 cash deposit(Auditor's Deposit Permit No.335763 ,dated July 30, 1999)made by Shapell Industries ofNorthern California and the performance/maintenance bond rider for$41,850.00, Bond Number 190723714 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 Na. 2003/93 Executed in Triplicate SURES Subdivision 8189, Falcon Bridge Increase-Deere"*Rider To BE ATTACHED TO and form part of Bond Number 9Q723.79.4,._.._... ., issued by the American Casualty Company of Reading, PA as Surety,on behalf of Shapell industries of Northern California,A Division of Shapell Industries, Inc. of .- Milpitas,CA �. .�.__.... ,hereinafter referred to as the Principal,and Nr%vot of _ County of Contra Costa ... of. .. .Martinez,CA _»....». .�..... . .. ..........._.._...»._.. ... . . . �. ..».... �..._ .. ..... » ... . herelnetter referred to as the Obliges,effective the 27th_ .chary of. _July., 1939 IN CONSIDERA71ON of than premium charged fbr the attached bond and other good and varlusWe consideration it is understood and geed that effective the 1 st- day of . October ,2002 "mid subject to all the terms, condidone acid*��of e c r:fd nd a Phos end N471 0be and the same Is hereby decreased from ,s,sum of wo un re even lV�'ne (Performance QDly) Dogs{ S279.00.0,00 ,00 to the sum of Forty one Thousand Eight Hundred FiftyN011 0 Performance Only) " Donws(S41 850.00 IT IS FURTHER UNDERSTOOD a{crud agreed that tssubject to all the tsmms, conditi ms and Imltaftne of the attached bond, thin da of gra i Thousand NC3l" �sak!dater atraA not the(Mo°r mance Onty) Two undr even $272,000.00 )" or tot any loss omxamtrtng MAWWOUVA to sold deft strap W exceed the sum of Forty One Thousand Elaht Hundred Fifty NO/100 (Pe armance n i t In no event;however,shall the aggregate MOW of the Surely oweed the larger of the afmarernentloned suras, it being the kftM hereof to preclude cumulative liability. SIGNED,SEAt.ED AND DATED this 3rd ley of SepteMber,,. , 2QQ2, . Accepted By: Shapell Industries of Northam California, County of Contra Costa a Division of Shapell Industries, Inc. Fly: (Sun {Print!) Ate . V. ` :"ct if erican Cas Ity Company of Reading, PA (Saw) Stili 23115" as ela L. Stocks Attomey 4n-tame 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 Casually 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 seats herein affixed hereby make,constitute and appoint Pamela L.Stocks,Beverly A.Hall,Sandra V.Hanner,Individually,Individually of Sherman Oaks,Cal omia their true and lawful Attomey(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 some extent as If such Instruments were signed by a 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 fay-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Wttness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seats to be hereto affixed on this 25th day of June,2002. 1a' # Continental Casualty Company oawftgl� National Fire Insurance Company of Hartford My X American Casualty Company of Reading,Pennsylvania t�L A4' M801MU801 ler Group Vice PresiFent 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 IlNnols;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 sold 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. "OFFICIAL SEAL" DIANE FAULKNElt My Commission Expires September 17,2005 Diane Faulkner Notary Publk CERTIFICATE 1,Mary A.Rlbkw*i*ia,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fine Insurance Company of Hartford,a Connecticut motion,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 ford,and further certify that the By-Low 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 seal of the said corporations this day of---kit . 2_002_ Continental Casualty Company *WOO" National Fire Insurance Company of Hartford SEJtt. paeAmerican Casualty Company of Reading,Pennsylvania wtx tr. tri �t Mary A.Ribkvwskrs Assistant Secretary (Rev. 10/11101) State of CALIFORNIA County of LOS ANGELES 4n September 3, 2002 before me Sandy Banner ® Notary Public - - Fats NAME.TITLE OF OFFICER,.-JANE DOE. NOTARY PUFF-C' personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) (L ).personally known to me–OR–(—) proved to me on the basis of satisfactory evidence to be the persw(s)whose name(o Is/sia subscribed to the within instrument and acknowledged to me that blWahebbeg executed the same In hWhertttxk authorized capacttyf , and that by X/her/MW signature(*)on the instrument the person(#), or the entity upon behalf of which the person(M) acted, executed the instrument. SANDYHANNER WITNESS hand and o I seal. Commission 01302157 Notary Public.ceanft Los Argeks County I w OF NOTARY [%0'MyCW".=JtAZ2000 OPTIONAL Though the data below Is not required by taw, 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 t} GENERAL ( ) ATTORNEY-IN-FACT NUMBER OF PANES TRUSTEE(S) GUARDIAN/CONSERVATOR (...�.) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSt}N(S8}OR ENTITY(IES) l med n Casualty Company of Reading, Pennsylvania SIGNER(S)OTHER THAN NAME®ABOVE a-lo7.ze-e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SA Wng cuY ._ On t -- before me, Y` l 1��U 5 e.' Nava»&,W ilde d OffW(4i.g.,"Jany Uoa,Nogry NMI personally appeared ++�•ca�� ca3 personally known to me D proved to me on the basis of satisfactory evidence to be the personK whose named is/aft- subscribed to the within Instrument and acknowledged to me that hef9haViwtexecuted the same In his/4erl+efr- authorized JANICE T.:RUSE capacity(loo, and that by hisilmw f atr Commloslon#131W97 signature(s)on the instrument the person(o,or Notary Public-California the entity upon behalf of which the persona f Saha Clara County acted,executed the Instrument. ESS my hand and aft seal. sib at N4hty Palk OP Though me information below Is na required by raw,it may pray mkmW to peroons tv&W on ft domes wlt and ooW pteverlt fraudulent rerrlovar and reatlacllmenr of 0*form to erlo#w docurnerit Description of Attached Document Title or Type of Document: Document Date: dumber of Pages: Signers}Other Than Named Above: Capaclty(les)Claimed by Signer Signer's Name: 0 Individual rod of lrnunb he3e orporate Officer--Title(s): } } 0 Partner--0 United Q General 0 Attorney-In-Pact 0 Trustee ® Guardian or Conservator © Other. Signer Is Representing13 f3 I M Na SwW Novy •9560 Ca Saw Ave.,F.O.Sett 24M+ChWawor03,CA 8185E-2M7E•vmw M3olar,M Prod.No.63107 ftordor:Cal Tdi-Fro"t