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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-372 CONTRA COSTA Co Recorder Office Recorded at the request of: '�� L, WEIR, Clerk-Recorder Contra Costa County i Board of Supervisors DOC— 2004-0269354-00 Return to: Wodneaday,, JUL 14, 2004 10-16-47 Public Works Department Engineering Services Division FRE $0.00 Ttl Pd $0,00 Nbr-N02237042 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/ .372 SUBJECT: Accepting completion of improvements for Right-of-Way Landscape Agreement for Road Acceptance RA 00-01103 on Dougherty Road (cross-reference Subdivision 7984), San Ramon(Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements for Road Acceptance RA 00-01103 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:\GrpData\EngSvc\B0\2004\07-13-04\RA 1103 130-45.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of Recording to be completed by COB I.D.95-2578030 Supervisors on the date shown. cc: Public Works T.Bell,Construction Div. J.Ysmael,Engineering Services JULY 13 2004 Shapell Industries of Northern California ATTESTED: , Milpitas,CA 95035 �Noah Milpitas Blvd. MilJOHN SWEETEN Clerk of the Board of Supervisors and Attn:Sam Warden,Steve Savage&Jim Gold County Administrator National Fire Insurance Company of Hartford 5820 Canoga Ave.,Ste 200 Woodland Hills,CA 91367 City o:San Ramon,Attn:Chris Low 3180 Crow Canyon Place,Ste 140 By ,Deputy San Ramon,CA 94583 RESOLUTION NO.2004/ 372 SUBJECT: Accepting completion of improvements for Right-of-Way Landscape Agreement for Road Acceptance RA 00-01103 on Dougherty Road (cross-reference Subdivision 7984), 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 17, 2002 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials) surety for$409,300.00, Bond No. 929 247 990 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 for Road Acceptance RA 00-01103 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 period is hereby established,and the$8,200.00 cash deposit(Auditor's Deposit Permit No.391840,dated.August 22, 2002) made by Shapell Industries of Northern California and the performance/maintenance bond rider for $121,545.00, Bond No. 929 247 990 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 20041372 Executed in Triplicate RA-1103, Gale Ranch 11, XREF SUB 7984 CWASURETY Increase -Decrease Rider TO BE ATTACHED TO and form part of Bond Number 929 247 990 issued by the National Fire Insurance Company of Hartford as Surety,on behalf of. Shapell Industries of Northern California, a Division of Shapell Industries, Inc. of Mip'ttas CA - --- hereinafter referred to as the Frineipat,and In favor of County of Contra Costa of Martinez A - - -- -- -- hereinafter referred to as the Obligee,effective the 14th day of August, 2002. IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 12t_h day of May_ , 2004,and subject to all the terms, conditions and llmita Wns of the attached bond:,the panel sum thereof shall be and the same Is hereby decreased from the sum of Eight Hundred Ten Ihousand Three H ung died!Voll C30*`* Dollars( $$10,300.00*** _), to the sum of One Hundred Twenty One Thousand Five Hundred Forty Five No/100*** Dollars(-$x,545.00***), IT IS FURTHER UNDERSTOOD and agreedt that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surely for any loss occurring prior to said date shalt not exceed the sum of Eight Hundred Ten Thousand Three Hundred No/100*** -- Dollars($810,300.00**'*-_), or for any lass occurring subsequent to said date shall not exceed the scum of One Hundred Twenty One Thousand Five Hundred Forty Five No/100*** nollvm($12'1,545.00*** l In no event,however,shall the aggregate liability of the Surety exceed the larger of the aforementioned suras, It being the Intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATED this 13th day of May, 2004 Accepted By: Shapell industries of Northern California, a division of County o antra Co Shapell Industries, Inc. --- (Principe)) (Seal) or IM RIDE kJAMT. V.P. fl KEP COX, ASST. SEC. National Fire Insurance Com an of Hartford � Y? (Seal) Pamela L. Stocks Attorney-in-fact SUR-28189-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 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 signature and seals herein affixed hereby make,constitute and appoint Pamela L.Stocks,Beverly A.Halt Sandra V.Hanner,Individuals Of Sherman Oaks,Califomia their true and lawful Attomey(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 mature ---In Unlimited Amounts--- and to bind them thereby as fully and to the same extent as If such instruments were signed by a duly authorized officer of their corporations anis 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 adapted,as indicated,by the Boards of Directors of the corporations. in Witness ti hereof,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. 00 Continental Casualty Company National Fire Insurance Company of Hartford • sari. American Casualty Company of Reading,Pennsylvania SWEXAL Iowa Michael Gengler Group Vice President State of Illinois,County of Cook,as: On this 3rd day of Aught,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 sews 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. • •OM4CM ' • # WAN5 lrlYULMMM softy�rrMiNfr� My Commission 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 Reading,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 Direcbrs 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 *1 t---b day of 004 . 410 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania sKr�si. t3 $EltiL tawf q� • Mary A.Ribikawskis Assistant Secretary (Rev. 1123101) 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 duty 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 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 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-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 and 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 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seat 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 Vl--lExecurtlon of Obligations and Appointment of Aftmy-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 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(imitations 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 seat 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 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seat 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 shalt 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 Pres€dent,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 Attomey-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 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 seat 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 seat 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 Calsfor I County of Los Anceles On May 13. 2004 __ before me, ndy H n„nner-Notary Public gate NAME, TITLE OF OFFICER„'JANE DOE,NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) (2L) personalty known to me-OR-(_,,..) proved to me on the basis of satisfactory evidence to be the person( ) whose name(*is/insubscribed to the within instrument and acknowledged to me that b taishe/ibW executed the same in isilclher/*wtr authorized capaclty(iws and that by f11Wherl " signature(sl)on the instrument the person(g), or the entity upon behalf of which the person(*} acted, executed the instrument SANDY NER WITNES my hand and o5bW seal. Commission 0 1362167 Notary Public-California Los Angeles County ' StCiNA t >=tai`Nt7TARY My Comm.Expires Jul 2,2006 OPTIONAL Through 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 NUMBER OF PAGES (x} ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR (_...} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire In Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G•107426-6 NOT CE 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 Zmerica', Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firdmen'st Insurance Company of Newark, N-T, and The Continental Insurance Company. SURE-OF PREM The premium attributable to coverage fox terrorist acts certified under the Act was Zero Dollars ($6.00). DISCLOSURE OF FEDERAL PARTICIFAMN PAYMENT—O.F-TERROR15X SSS The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara Can May 17,2004,before me, Janice T. Kruse,Notary Public personally appeared,J.C. Truebr°idge& 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. ,IA CEi.KR SE •• Y Ccsmmisat�n# 1318697 . Notary Pub13c Cali€ornia WITNESS my hand and official seal. Sanla Clara County XAug 24 2 , J'Siature of Notary Public ~' 1 Optional Information Title or Type of Document: Increase/Decrease Rider Bond #929-247-990-Tract 7984 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries Inc.