HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-720 �� £..f IIIIIIIIIIIIII
Recorded at the request of: '+ p� ll II II VIII!I II II IIII I Illi I II III III `
Contra Costa County CONTRA COSTA Co Recorder Office
i `e
Public Warks Department STEPHEN L. UEIR Clerk-Recorder
Engineering Services Division
Return to: DOC— 200 0587790—®0
Public Works Department Thur**&Y, DEC 04
Engineering Services Division FRE 2003 08:27:24
3�o0e
Tt l Pd $0,68 Nbr-0801886816
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 2, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 720
SUBJECT: Accept completion of improvements for Subdivision 8133, San Ramon(Dougherty
Valley) area. (District III)
The Public Works Director has notified this Board that the improvements in Subdivision
8133 have been completed as provided in the Subdivision Agreement with Shapell Industries of
Northern 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 December 2,2003 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
April 5, 1999 American Casualty Company of Reading,PA
TR:sr
G:\GrpData\EngSvc\BO\2003\12-02-03\SD 8133 B045.doc
Originator: Public Works(ES)
Contact: Rich Lierly(313-2348) I hereby certify that this is a true and correct copy of an
Recording to be completed by COB action taken and entered on the minutes of the Board of
ccs Public Works-Tax I.D.95-2578030,Accounting Supervisors on the date shown.
-T.Bell,Construction Div.
-J.Florin,M&T Lab
-H.Finch,Maintenance Div.
-I.Bergeron,Mapping Div. ATTESTED: DECEM ER 02, 2003
-J.Gray,Engineering Services JOHN SWEETEN,Clerk of the Board of Supervisors and
-T 10/2/04 County Administrator
Recorder(via Clerk of the Board),then PW Engineering Services
Sheriff-Patrol Div.Commander
CHP,c/o Al By [' ,Deputy
CSAR--Cartog\
City of San Ramon—Attn:Chris Low
2222 Camino Ramon,San Raman,CA 94583
Shapell Industries of Northern California,Attn:S.Warden&S.Savage
PO Box 361169,100 N.Milpitas Blvd.,Milpitas,CA 95035
American Casualty Co of Reading PA,Attn:Pamela Stocks
5820 Canoga Ave.Suite 200,Woodland Hills,CA 91367
RESOLUTION NO.2003/ 720
SUBJECT: Accept completion of improvements for Subdivision 8133, San Ramon(Dougherty
Valley) area. (District III)
DATE: December 2, 2003
PAGE: 2
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$152,350 Bond
No. 190723583 issued by the above surety be RETAINED for the six month lien guarantee period
until June 2,2004,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 hereinafter described roads(listed below),as shown
and dedicated for public use on the final map of Subdivision 8133 filed July 1, 1999,in Book 412 of
maps at Pages 1 thru 6, Official Records of Contra Costa County, State of California, are
ACCEPTED as COMPLETE. Upon acceptance by the Board of Supervisors,the San Ramon City
Council shall accept the public improvements for maintenance in accordance with the Dougherty
Valley Memorandum of Understanding.
Road Name Road-R/W Widths Road No. Len hs(Miles)
Cypress Hawk Court 55 35 0.21
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the $3,047 cash deposit (Auditor's Deposit Permit No. 329045, dated March 22,
1999)made by Shapell Industries of Northern California and the performance surety bond rider for
$45,200, Bond No. 190723583 issued by American Casualty Company of Reading, PA be
RETAINED pursuant to the requirements of Section 94-4.406 ofthe Ordinance Code until release by
this Board.
RESOLUTION NO. 2003/720
Executed in Triplicate
SURi■ t 'tract 8133
increase -Decrease Rider Summit Bridge at Cele Ranch
TO 13E ATTACHED TO and form pert of Bond Number Issued by the
American CpsdaIty Com2a v of Reading, A ..._ ..._..._.. .,W .
as Surety,on behalf of Shapell Industries of Northern California
of Milpitas,CA - - ------- _,.�.
herelnefler referred to as the Principai,and
in favor of SdgUnly g Contra rwcsta
of .. .Martinez, CA4 __..»..�. .�.._.. . .. ..w. ......»__.. �, . _._. ........ ., .
_.. .. , hereinafter referred to an the Obligee,effective the
16th ,day of. . Ist�h•.,...1� .
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is
understood and agreed that effective the__.__. rd day of ._.._.S2f1ge mix, 2003 ,and subject to all the term,
conditions and limitations of the attached bond,the penal sum thereof shall be and the some Is hereby decreased
from the sum of IbreS Hundred OnIl Thouaand SIZ ,Hundred Elfty.three Nc11QQ"'* „
..__.__...._ Dollars{ $301,653.00� )
to the sum of .Forty Five Thousand Two Hundred No/100 Performance Only
Dollars( S45-290.90
IT IS FURTHER UNDERSTOOD and agreed that subject to all this terms, conditions and limitations of the attached bond,
the aggregate lJsWty of the Surety for any lase occurring prior to said data shall not exceed the sum of
Three Hundred One Thousand Six Hundred Fifty Three No/100
.�__._...._. .. .,.. Doram $301,653,00 3,
or for arrmmyy loss occurring subsequent to sold date#hall not exceed the sum of
Fo&Flve Thousand Two Hundred No/100****Performance Only Dollars($46,200-0 �„ )
In no event,however,shall the r=ragats liability of the Surety wmeed the larger of the aforementioned sums, it being the
Intent hereof to preclude cumulative liability.
SIGNED,SEALED AND DATED this 14M .daay of November , 2003 ,
Accepted Py-
County of Contra Costa Sha ell Industries of Northern California
(Principe))
g ; T ILJ seal
Ken Cox, Asst. Secretary
S `;'�``--� Seal
Robert Moore, Asst. Vice President
Ameri asu Ity Company of Reading, PA
Surety)
f
S (seal)
SUR-23169-0 Pamela L.Stocks, Attomeyln-fact
.,.. .h... :..r `..tet„ r. ,.;'`.✓.r..1, rr.,.n.-- v..^.f.r.-
i�
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
�4
State of California F
County of Santa Clara1
On November 17, 2003,before me,Janice T. Kruse,Notary Public personally appeared
Ken Cox& Robert D. Moore,personally known to me to be the persons whose names
are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacity, and that by their signature on the instrument the
persons, or the entity upon behalf of which the persons acted, executed the instrument. 5
COMMUMV 131W7 WITNESS my hand and official seal. s
L10MV,
14K t.
Signature of Notary Public
Optional Information
Title or Type of Document: Summit Bridge Surety Increase/Decrease Rader Tract
L133
`s Capacity Claimed by Signer: Assistant Secretary&Assistant Vice President of
Shanell Industries,Inc. >
t;.
r: y
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-Irl-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 offfes in the City of Chicago,and-Stata 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 Kanner,Individually
of Sherman Oaks,CA,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 there 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
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 bereto
affixed on this 9th day of July,2003.
Continental Casualty Company
ty ,. National Fire Insurance Company of Hartford
;�r►o�uiyr �""e� American Casualty Company of Reading,Pennsylvania
uttsrots1" _
SEAL �.
teat
ZGengler SenqFr Vice President
State of Illinois,County of Cook,ss;
On this 9th day of July,2003,before me personally carne 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 Senior 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 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.
C)IF!IF,-CIAO SEAL. s
ELIZA PRICE •
1WTAMT PSiP^*TAR oP UM/oMl
W COMMOOM WWWAft Mrn
My Commission Expires September 17,2006 Eliza Price Notary Public
CERTIFICATE
I,Mary A.Ribikawskis,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
Awer 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 p a reverse her �iforce. In testimony���whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
00
14 day of G�
Continental Casualty Company
National Fite Insurance Company of Hartford
000"ft otowota American Casualty Company of Reading,Pennsylvania
PAY=t,
SSEAL
107
Mary A. ilia kis Assistant Secretary
Form F6853
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article IX---Execution of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice
President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of
insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their
respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
seal of the Company the rerto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of
Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17°i day of February,1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or sit Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article VI—Execution of Obligations and Appointment of Attorney-In-Fact
Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice
President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of
insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys4n-fact, subject to the limitations set forth in their
respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously
given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17a`day of February,1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,1993 by the Board
of Directors of the Company.
`
"RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,
appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and
other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall
have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The
President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority
previously given to any Attorney-in-Fact."
.r,
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17*day of February,1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the
Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,
1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such
power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so
executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to
be valid and binding on the Corporation."
State of CALIFORNIA
County of LOS ANGELES
On November 14 2003 before me, Sandy Banner _ Notary Public
Elate NAME, TITLE OF OFFICER., "JANE DOE, NOTARY PUBLIC"
personally appeared Pamela L. Stocks
NAMES)OF SIGNER(S)
( ) personalty known to me —OR a (_....-) proved to me on the basis of Satisfactory evidence to be
the person(t) whose name(#IsbAmoubscribed to the within Instrument and acknowledged to me that
bWshelilM executed the same In bilw1her/ta tt authorized capacltyoev� and that by P I1wherl
signature(s)on the Instrument the person(S), or the en/Sy
behalf of which the person(W acted,
executed the Instrument.
-.. w Y NNIR VttITNEand and o seri.
ommission#136215mie
Los Angeles Cbur�ty SIGNA RE OF NOTARY
MY Comm.E Jul.$ 2005
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
TITLES) TITLE OR TYPE OF DOCUMENT
(._ }
PARTNER(S) LIMITED
(�) GENERAL
NUMBER OF PAGES
( )
ATTORNEY-IN-FACT
TRUSTEE(S)
(..�)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Casualty Company
of Reading, Pennsylvania SIGNER(S)OTHER THAN NAMED ABOVE
G-107426-a
OM
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds and certain insurance policies on which one or more of the
Writing Companies identified below is the surety or insurer.
To principals on bonds and insureds on certain insurance policies'written by any one
or more of the following companies (collectively the "Writing Companies") as surety
or insurer. Western Surety Company, Universal Surety of America, Surety Bonding
Company of America., Continental Casualty Company, National Fire Insurance
Company of Hartford,American Casualty Company of Reading, PA, The Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
D169CLOSURE OF PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Farm F7310