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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-370 1111 III IN 11111111111 IN 1111111111 IN 111111111 COMA COSTA Cc Recorder Office Recorded at the request of: STEPHEN L, AIR Clerk-Recorder Contra Cosh County DOC— 2004-0269352-00 Board of Supervisors Return to: Wednesday, JUL 14, 2004 10:16:05 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0.00 Nbr-4002237040 Irc/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 13, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 37 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement on Lilac Ridge Road for Road Acceptance RA 98-01082 (cross-reference Subdivision 7796) San Ramon (Dougherty Valley) area. (District Q The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements on Road Acceptance RA 98-01082 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. JY:rm G:\GrpData\EngSvc\BO\2004\07-13-04\RA 1082 B045.doc Originator- Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Ric(313-2363) action taken and entered on the minutes of the Board of Recording to be completed by COB T.D.95-2578030 Supervisors on the date shown. Cc: Public Works -T.Bell,Construction Div. J.Ysmael,Engineering Services Shapell Industries of Northern California ATTESTED: JULY 13, 2004 1a0 North Milpitas Blvd. JOHN SWEETEN, Clerk of the Board of Supervisors and Milpitas,CA 95035 Attn:S.Savage,S.Worden,&J.Gold County Administrator American Casualty of Reading,PA 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 91367 City of San Ramon Atte:Chris Low BY_ Deputy 3180 Crow Canyon Pl.,Ste 140 San Ramon,CA 94583 RESOLUTION NO.20041 370 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement on Lilac Ridge Road for Road Acceptance RA 98-01082 (cross-reference Subdivision 7796) San Ramon(Dougherty Valley) area. (District III) DATE: July 13, 2004 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of July 13,2004 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 $95,800.O0, Bond No. 929097489 issued by the above surety be RETAINED for the six month lien guarantee period until January 13,2005,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 on Road Acceptance RA 98-41082 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$1,900.00 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 $28,440.00, Bond No. 929097489 issued by American Casualty Company of Reading, PA be RETAILED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2004/370 Executed in Triplicate CVA suREry RA-1082 at Gale Ranch XRef 7796 increase-Decrease Rider TO HE ATTACHED TO and form part of Bond Number 929 097 489 issued by the 6merican CasUgJWCom f-Sodina, P as Surety,on behalf of Sha ell Industries of Northern California, a Division of Sha 11 Industries, Inc. of Milpitas,CA hereinafter referred to ass the Principal,and in favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee,effective the 31st day of August, 1995 IN CONSIDERATION of the premium charged for the attached bond and other goad and valuable consideration it is understood and agreed that effective the. 12th day of Mau , 2004,and subject to all the terms, conditions and limitations of the aMohad bond,the panel sum thereof shall be and the same Is hereby decreased from the earnof One Hundred Eighty,Nine ThNsancSi H ndr *** Dollars( $189,600.00*** ) to th+s sum of Tmtgnty gjaht Thousgnd Epur Hundrgd Forty N "* Dollars( $28,440.00' ). IT I5 FURTHER UNDERSTOOD and agreed drat sub),act to all to tarns, conditions and limitations of the attached bond, the aggregate liability of the Surety for any lose occurring prior to said date shad not exceed the sura of Eighty in Thousand *** ,Dollars($189,600.00*** ) or for any lose occunting subsequent to said date shall not exceed the sum of Tvaenly Eight Thousand Four Hundred FO Not100*** Dollars($28,440.00*** } In no event,however,shall the aggregate liability of the Surety axceed the larger of the aforementioned sums, It being the Intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATED this 13th day of , May, 004 , Accepted By; Shapell Industries of Northern California, a Division of CountContra C Sh_ apell Industries, Inc. (Princlpal) av' a Mesafl By: KEN COX, ASSN'. SEC. American Casualty Company .of Reading, PA (Sur._ ? (Seal) Pamela L. Stocks Attorney-In-fact SUR-23169-D POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(herein called"the CNA Companles"),are duly organLzed 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,@2yerly A.Hall Sandra V.Horner,Individually Of Sherman Oaks Califomia their true and lawful Attorneys)-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. a +e ` Continental Casualty Company (—e5f National Fire insurance Company of Hartford American Casualty Company of Reading,Pennsylvania SEALi Michael Gengler Group Vice President State of Illinois,County of Cook,se`s. On this 3rd day of August,2001,before me personally came Michael Gengler to me known,who,being by me duty 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 Beading,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 pursuent 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 for be the act and deed of said corporations. �sr�►+raar�,ws►r+rr+rr+sirayi , My Cormmission Expires September 17,2001 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 Beading,Pennsylvania do hereby certify that the Power 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 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 l nth. (lay of May, �. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania nun 21, (Bev. 1/23/01) Mary A.Riblkawskis Assistant Secretary State of California County of Los Angeles On May 13, 2004 before me, Sandy Hanner 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 bass of satisfactory evidence to be the person(&) whose name(*is/knoubscribed to the within instrument and acknowledged to me that b*she/AW executed the same in bWher/authorized capacityoev� and that by Nwher/#*W signature(a) on the instrument the person(g), or the entity upon behalf of which the persons} acted, executed the instrument. pYHANNER WITNE my hand official amt. Commission*1362167 Notary Public-Ceilfomir Los Angeles CauntY fS#£3 ATURE t1P NOTARY My Comm.Expires Jul 2.20051 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) (.a..) LIMITED (__}GENERAL NUMBER OF PACES { } ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON($] OR ENTITY(IES) American Casualtyompany of Pleading, Pennsylvania SIGNER(S)OTHER THAN NAMED ABOVE G-107426-a 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 (collectivdly 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 premium attributable to coverage fox terrorist acts certified under the Act was Zero Dollars ($0. 00). CL!Qff= OF FE12ER T, CLEAMN IN The United.States will pay ninety percent (900)of covered terrorism losses exceeding the applicable suretylinsurer deductible. Form F7310 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On May 17, 2004,before me,Janice T. Kruse,Notary Public personally appeared,J.G. Truebridge& 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. .rmwi xRUSE 1318697 3 31 ti+51 CWITNESS m hand and official seal. c�mmfask�n� t �7 �\`�,\ y 01*C0M.ftPkwAUQ24,2W4 Nokuy ftblic•CoWomia ` �" ✓ sarda Ckwo County Sinature of Notary Public Optional Information Title or Type of Document: Increase//Decrease Rider Bond#929-097489,Tract 7796 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary Shalaell Industries. Inc.