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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-205 Recorded at request of: COSTA Co Recorder Office Contra Costa C CountyCONTi� Board of Supervisors , WEIR Clerk-Retarder Return to; Public works artment DCC— 200 148570-00 148570-00 Engineering Services Division Tuesday, APR 01, 2003 13:52:06 FRE $0.00 Tt 1 Pd $8,88 *r-8881483836 Irc/R9/1-7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 1, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 2003/ 205 SUBJECT: Accept Completion of Improvements for SUB 8135 (Right-of-Way Landscaping), San Ramon(Dougherty Valley)area. District III The Public Works Director has notified this Board that the improvements in Subdivision 8135(Right-of-Way Landscaping)have been completed as provided in the Subdivision Agreement with Shapell Industries ofNorthern California heretofore approved by this Board in conjunction with the filing of the Subdivision Map. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. JG:cw G:\C,Mr)S tt\En8Sve\BO\2o03\4-01-03\SUB 8135 BO-45 DV Aoc Originator: Public works(ES) ATTESTED: APRIL 01, 2003 Contact: Teri Ric(313-2363) JOHN SWEETEN Clerk of the Board of Supervisors and cc: Public Works-Tax I.D.952578030,Accounting , Recorder(via cktk),then PW snowring serer County Administrator City of San Ramon Joye Pukuds 2222 Camino Ramon San Ramon,CA 94583 sheen Industries ofNo.CA By Deputy Jim Gold,Sam worden&Steve Savage P.O.Box 361169 Milpitas,CA 95035 RESOLUTION NO.2003/ 205 SUBJECT: Accept Completion of Improvements for SUB 8135 (Right-of.-Way Landscaping), San Ramon(Dougherty Valley) area.District III DATE: April 1, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of April 1,2003,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 BANK/SURETY September 21, 1999 American Casualty Co. of Reading,PA BE IT FURTHER RESOLVED the payment(labor and materials) surety for$450,000.00, Bond No. 929097485 issued by the above surety be RETAINED for the six month lien guarantee period until November 1,2003,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 8135 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 $9,000.00 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 $133,665.00, Bond No. 929097485 issued by American Casualty Co. of Reading, PA be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2003{205 ,i � Executed in Triplicate Tract 8135 Intlr0mw-Decrea" Rider The Bridges @ Cale Ranch-Glen Bridge TO BE ATTACHED TO and form part of Bond Number .a» ,.929 097 485 issued by the American Casualty Company of Reading, PA as Surety.on behalf of Shapell Industries of Northem California of Milpitas,CA .. a. ti.... ,herelnaW referred to as the Principal,and in favor of County of Contra Costa ... ofMartinez,CA _-....... ... . .. ,..»...... .. ... �.... ,... . .. �. . R,... _ae. .. _..... _ ... . _, herelnefter referred to the ObOgee,of oWe the �. 31-- .day of. . .....ftusX URP .. IN CONSIDERATION of the premium charged for the attached bond and other good and valuable conslderation It Is understood and agreed that effecthro the 30th day of .�..�December,2002 and subject to all the terms, conditions and llrMatlons of the attached bond,the pend sum thereof shall be and the same Is hereby decreased fmm the sum of _Eight Hundred Nine One Thousand One Hundred no/100 Dollars( 891 10�,OC1._._._}, to the slim of OjDq.HU diad Thirty Ther Thousand Six Liundl'atL,L,�'tixJu dive no1,1_00 .. .y� Dollars(Sly65.00 ,.}. IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and Nmltabons of the attechad bond, theagliability of then Surely for satyr loss oQ mkV prior to said dety shah not exceed On sum of Ei Hundred Nlne One Thousand One Hundred no/100 Dollars( $891.100.00 � I for uer�t S r S or v� rio (�e a ee llars( 1116010 ..r.. .). In no avant+h*wever,shad the aggregate#Wft of the Surety wmed the larger of the afcxementioned sums, it beim the Intent hereof to preclude cumuMve liabft. SIGNED,SFAL.ED AND DATED this day of December 2002 Accepted By: County of tra Cost Shapell Industries of Northern California elooe (Principal} ` . 'Tru& e sualty Company of Reading, PA . � t (Seal) SUR-23189-D t mesa L. Stacks Attomeyln-fact State of CALIFORNIA County of LOS ANGELES On December 30,2002 before me. Sandy Banner - Notary Public oat# NAME,TITLE OF OFFICER„*JANE COE,NOTARY PUBLIC- , 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 person(s) whose name(#isAkfa tsubscribed to the within instrument and acknowledged to me that MtshefAhegt,executed the same in hWher/#vk authorized capacityand that by l4Wher~ signature(Ie) on the instrument the person(s),or the entity upon behalf of which the person(30 acted, executed the instrument. sANOYti* WITNE my hand and o seal. Carmmisalm*162`1 NO"PL6k-C&WWnb Las ArVelas Uunty SEWTURE OF NOTARY My Comm.Expires M2,2006. 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 { -) PAGES ATTORNEY-IN-FACT NUMBER Cllr TRUSTEE(S) (-.r) GUARDIANICONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Casualty mny of Reading,, Ppn�la SIGNER(S)OTHER THAN NAMED ABOVE t�-ta�sze-s POWER OF ATTORNEY APPOINTING INDIVIDUAL.ATTORNEY-IN-FACT Know All Mon By These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(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.HanM tndtviduai Of Sherman Oaks California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to signs 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 Instrtrrnents 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-Law and Resokitio ss,printed on the reverse hereof,duty adopted,as Indicated,by the Boards of Directors of the corporations. In Whet ns Wh*reof,the CNA Companies have caused these presents to be signed by their vice President and their corporate seals to be hereto affixed on this 3rd day of August,2001. ' w Continental Casualty Company oc+ r National Fire Insurance Company of Hartford AXY 31+ American Casualty Company of Reading.Pennsylvania rserr No-"Congler Croup Vico President State of Illinois,County of Cook,ss: On this 3rd day of August,2001,before me personally came Mlchsel Gengler to me known,who,being by me duly sw m did depose and say,that he r+esidei;In the City of Chicago,State Of llllnols;that he Is a Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading.Pennsylvania described In and which executed the above instr umernt;that he knows the seals of said corporations;that the seals~to the said Instrument are such that they were so~pursuant to authority given by the Boards of Directors of saki corporations and that he signed his name thereto pursuant to like authority,and admowledges same to be the act and deed of said corporatkxns. N1tiiN�iM�#M+►i#NifNlN� i • � I /) a $117101 My Commission Expires September 17.2001 Diane FaullCnerr Notary Pu ft CER'TIFICAT'E 1.May A.Ribikarwskis,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Readlr4L Pernnsylvanis do hereby asrtdhy that the Power of Attorney herein above set Wh Is sM In force,and further car that the SY--aw and Resolution of the Board o(Directors of the corporations printed on the reverse hereof is stili In forme.In teadmorry whereof I hem hereunto subscribed my name and afflxed the seal of the said corporations Olds__ rh _day of M02 Continerttani Casualty Company MWormi Firs Insurance Company of Hardbrd American Casualty 0lorry00 Company Cf ,PortneyNaanta Q-mh a-Oit � (Rev.1l23t01) Mary A.Ribikawstcts Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Calif o is �� �Colin of ._ On before me, �1 Do% Neuf our Tsa of 0"I4ar(e.g.,'Jarwe Doo, personally appeared 1 Nanw{:)ops �(u3 ersona€€y known to me 0 proved to me on the basis of satisfactory evidence to be the person*q whose named lsh"- subscr€bed to the within instrument and acknowledged to me that helehelt M executed , ICE T.KRUSE the same in h€sAmw ei r authorized 40Commission 01318697 capacity(4ee), and that by hislhwAtr rtr Notary Public-Callfomla signature(4 on the instrument the person(e!'j,or Santa Clam County the entity upon behalf of which the person* 1*13wMao 24,2W51acted,executed the instrument. 1TNESS my hand a� se s4wk"of Notary PUWC Though the information betow is not req~by/am it mey prove vatuable to persms radit on the document encs could prevent trffudutent removal and reattect;ment of We four+to another document Description of Attached Document Title or Type of Document: Document Cate: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: 0 I!pdtvldual Top of ftft h" °9901'porate Officer—Titie(s): 0 Partner--0 Umlted 0 General 0 Attomey-in-Fact © Trustee 0 Guardian or Conservator © Other: Signer Is Representing; l 4 b cr `- © N ufz.-. 0 1 666 NARW Notary Aatodafkn•6956 Do 5ft Aw.,PA Bu M•thupmonA,CA 61919-24M•"w.naibW*kXftry.o% prod No.SW Roordsr:Cal TON-Fnt a