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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-301 4-1 3 IIII ISI 11 ill ISI I I I lI I I l 1I ' CONTRA COSTA Co Recorder Office Recorded at the request of: STOW L. MRI 1erk-Recorder �r Contra Costa County DOC— 200 —0� 95546—00 Board of Supervisors Return to: Wednesday, JUN 09, 2004 10:37:18 Public Works Department FRE $e." Engineering Services Division Pd T6i t �N Nbr" L1I6338 Li Ire/RS/1-e THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on June 8, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREMBERG, DESAULNIERjAND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 301' SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement on Velvetleaf Circle, Gale Ridge Court, S. Gale Ridge Road, Mediar Drive and Mediar Court for Subdivision 8256, San Ramon(Dougherty Valley)area. (District I The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements in Subdivision 8256 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. JY:rm G:1GrpData\EngSvc1BO\2004\06-08-041SD 8256 Btu-45.doe Originator: Public Works(ES) I hereby certify that this is atrue and correct copy of an Contact: Teri Rip 363) Recording to be completedfeted by COB action taken and entered on the minutes of the Board of I.D.95-2578030 Supervisors on the date Shown. cc: Public Works -T.Bell,Construction Div. Shapell Industries of Northern California 100 North Milpitas Blvd. ATTESTED:_. JUNE 082 2004 Milpitas,CA 95035 Attn:S.Savage,S.Worden,&J.Gold JOHN SWEETEN, Clerk of the Board of Supervisors and American Casualty of Reading,PA County Administrator 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 91367 City of San Ramon Attn:Chris Low 3180 Crow Canyon PI.,Ste 140 By ,__ , Deputy San Ramon,CA 94583 RESOLUTION NO.20041 301 ......_.. .... ...111111....__ .............................................. ................... ............................................................. . . .. ......................................................................... SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 8256, San Ramon(Dougherty Valley) area. (District III) DATE: June 8, 2004 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of June 8,2004 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 of Reading, PA BE IT FURTHER RESOLVED the payment(labor and materials) surety for$153,700.00, Bond No. 929097487 issued by the above surety be RETAINED for the six month lien guarantee period until December 8,2004, 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 Right-of-Way Landscaping improvements in Subdivision 8256 are ACCEPTED AS COMPLETE. Upon completion of the one-year 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$3,100.00 cash deposit(Auditor's Deposit Permit No.337456 ,dated September 7, 1999) made by Shapell Industries of Northern California and the performance/maintenance bond rider for $45,645.00, Bond No. 929097487 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 NO. 2004/301 - Executed',in Triplicate Bridges at Gate Ranch,Tract 8256 U ftw increase-Decrease Rider TO BE ATTACHED TO and form part of Bond Number 929 097 487 issued by the American Casualty Company of Reading, PA as Surety,on behalf of Shapell Industries of Northern California,a Division of Shapel l Industries,Inc. of Millaltas,CA horsinafter referred to as the Principal,and In favor of Count of Contra Costa of M ine herelnatler referred to as the Obligee,efleotl~re the 31 st day of August, 1999. IN CONSIDERATION of the premium charged for the attached band and other good and valuable tonslderaton it Is understood and sWeed that effective the I9th day of May . 2004,and subject to all the terms, conditions and limitations of the attached bond,the penal sum thereof shrill he and the some Is hereby decreased from the Burn of ' I3ollars{ 3D4.31a0:QCi""* } to the gum of Forty Five Thousand Six Hundred Forty Five 01 O- Dollars( x- �'- }. IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms,conditions and limitations of the attached bond, the Ila bR�y of the Surety for any toss occurring prior to geld date shell not exceed the sum'of Three undred Four Thousand Three Hundred No/1fi0�" Dollars or for an lose crecurriaV went to Bald date shall rent exceed the sura of FortyFive Thousand Six Hundred Forty Five No/1 0tl*** Dollars( $45,645.00-*** }, In no event,however,shrill the aggrelgste,liability of the Surety emeed tate Isrger of the aforementioned sums,It being the Intent hereof to preclude cumulative IlablPty, SIGNED,SEALED AND DATED this 19th day of May, 2004 , Accepted By: Shapell Industries of Northern California, a Division of Count y of Contra Costa Shell Industries, Inc. t►' 1 B (ce) AEN A. COOK, ASST. V.P. C©X, .ASST. SEC . ArnericaM Casualty Company of Reading, PA (sur ) g (Seal) Pamela L.Stocks Attorney-in-fact SUR=-23189-D POWER OF ATTCPvxNEY APPOINTING INDIVIDUAL A i TORNEY-IN-FACT Know All Men By These Present,That Continental Casualty Company,National Fire insurance Company of Hartford,and American casualty company of Reading,Pennsylvania(herein called"the CNA Compan1w),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.Halt,Sandra V.Hanner, Individually Of Sherman Oaks,Caltfomia their true and lawful Attomsy{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 duty 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 3rd day of August,2001. + ` Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania $EhL Michael Gengler' group Vice President .'Mate of Illinois,County of Cook,ss: On this 3rd day of August,2001,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,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania 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. IDA titAt. DJWIB My Commission Expires September 17,2009 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,National Fire insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney herein above set forth is stilt 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 stili in force.In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 7 ,day of th" Continental Casualty Company National Fire Insurance Company of Hartford a American Casualty Company of Reading,Pennsylvania � � JgLYlr. v SEAL ra c4e'- !r1#9 " - Mary A.Rlbikawskis Assistant Secretary (Rev.1/23/01) 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€X—Exacut€on 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 thereto.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 attomey-in-€act." This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duty called and held on the 17th day of February,1893. "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 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 can 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 VF—Execution of ob€lgations and Appointment of Atbornayr-In-Fact .. Section 2.Appointment of Aftomey-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 attomeYs4ri-fact to act in behalf of the Company in the execution of policies of insurance,bands,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 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 seated 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 end held on the 17th 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 Sy-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 arty 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 ttme to time,appoint,by written certificates,Attomeys-In-Fact to act In behalf of the Corporation in the execution of policies of insurance, bonds,undertakings and tither obligatory Instruments of like nature.Such Altomey-in-Fact,subject to the Imitations set forth in their respective certificates of authority,shalt 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 Attomey-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 17th 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 arty power of attorney granted pursuant to the Resolution adapted 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 seated,shall with respect to any bond or undertaking to which It is attachT,continue to be valid and binding on the Corporation." State of California County of Las Angeles y On , Ma 1924€14 before me, Sandy Manner - Notary Public . Date NAME,TITLE OF OFFICER„"JANE DOE,NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) ( ) personally known to me-OR - (—) proved to me on the basis of satisfactory evidence to be the person(t) whose na me(4 is/Alwsubscribed to the within instrument and acknowledged to me that Wshe/#M executed the same in Wher/jtft authorized capacity , and that by WWher/"* signatures) on the instrument the person(kl), or the entity upon behalf of which the person(* acted, executed the instrument SA Y HANKER WITNES my hand and o al seat. Commission##133621 Notary Public-CBC#omis f Los Angeles County StGiNA FSE CIF=Nt7TARy *COMM.=M2.2008 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) (.....)LIMITED GENERAL NUMBER OF PAGES { .} ATTORNEY-IN-FACT TRUSTEE(S) GUARDIANICONSERVATOR OTHER [.TATE OF DOCUMENT SIGNER IS REPRESENTIMG: NAME OF PERSONS} OR ENTITY(IES) American Casuat#y ompany Of Reading, Pennsylvania SIGNER(S)OTHER THAN NAMED ABOVE G-10x426-0 In accordance with the Terrorism Risk Insurance Acv of 2002, we are providing this disclosure notice for bunds 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- The prendum attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($£1.00). The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. FOfM MID ?Ir fi��.:'�.^:'vw`'v�='•;,`,-'"v,`�wi.,`tiv"`.'.iv;'"`v."",v"�w��r"v"�.. `''v.i``..ti�.+.+u".,�'_i�='.'uv,r:i�w.:��i✓=`::.i.',,�'..,`,•'�fvi�.^�=�n�i�+v+`"i�.i-,r r f,��,.rwvNww��r�✓v�v�r..�wn.-w.r.r..'.iv:l a? .� Tr CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California 1 County of Santa Clara Al Al On May 20,2004,before me,Janice T.Kruse,Notary Public personally appeared, s Marie A. Cook& Ken Cox 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. JANICE T KRUSE _ Comm�an#�13186 �• Notary Pubicmoi (--WITNESS my hand and official seal. SaCa ?� Sign tore of Notary Public , S) > Optional Information �z 'y Title or Type of Document: Increase/Decrease Rider- Tract 8256 Bond#929097487 is �< Capacity Claimed by Signer: Assistant Vice President and Assistant secretary of ,S Sha eli Indus_es,� Inc. { S �< �l ;, yz r _ _ v.�-. . �.., � �r�..,._ �v�... �.� e.-✓�r✓Jv' t F r:!. .. �F., � ., r . �r✓' ir�lr✓✓��;,/.fY" F /+.iV.!'