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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-373 _ . ...................... CONTRA COSTA Cc Recorder Off ice Recorded at the request of: STEPHEN i E , j+o EIR Cl Contra Costa Countyn! Sriera ��rder Board of Supervisors DOC— 2004-0269355®00 Return to: Wednets"Y, JUL 14, 2004 10:16.56 Public Works Department Engineering Services Division Ft�lEo ��.�� TSI Pd $0,0$ Nbr-0002237043 1 rc/RSl1-e THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on July 13, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBEK, DESAULNIEP. AND GLOM NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.20041 / 333 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement on North Gale Ridge Road for Road Acceptance RA 00-01104 (cross-reference Subdivision 7984, San Ramon(Dougherty Valley) area. (District 111) The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements in Road Acceptance RA 00-01104 have been completed as provided in the Subdivision Agreement(Right-of-WayLandscaping)with Shapell Industries ofNorthem 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 1104 BO-45.doe Originators Public Works(ES) Contact: 'fieri Rie(313-2363) Recording to be completed by COB I,D.95-2578030 1 hereby certify that this is a true and correct copy of an cc: Public Works T.Bell,Construction Div. J.Ysmael,Engineering Services action taken and entered on the minutes of the Board of Shapell Industries of Northern California Supervisors on the date shown. 100 North Milpitas Blvd. Milpitas,CA 95035 Attn:S.savage,S.Worden,&J.Gold ATTESTED: JULY 13, 2004 National Fire Insurance Company of Hartford 5820 Canoga Ave.,Ste.200 JOHN SWEETEN, Clerk of the Board of Supervisors and Woodland Hills,CA 91367 County Administrator City of San Ramon Attn:Chris Low 3180 Crow Canyon Pl.,Ste 140 San Ramon,CA 94583 By Deputy RESOLUTION NO.2004/ 373 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement on North Gale Ridge Road for Road Acceptance RA 00-01104 (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 BANKISURETY September 17, 2002 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for $50,300.00, Bond No. 929247996 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 00-01104 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$1,000.00 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$14,925.00,Bond No.929247996 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Vection 94-4.406 of the Ordinance Code until release by this Board. 1ESOLUGION NO. 20041373 Executed in Triplicate RA 1104, Gale Ranch It, XREF SUB 7984 SURE Increase-Decrease Rider To BE ATTACHED TO and form pert of Bond Number 929 247 996 issued by the National Fire Insurance Company of Hartford as Surety,on behalf of Shapell Industries of Northern Califomia, a Division of Shaped Industries, Inc. of Milpitas CA hereinafter referred to as the Principal,and in favor of County of Contra Costa of Martinez CA hereinafter referred to as the OblIgee,effective the 14th day of August, 2002 . IN CONSIDERATION of the premium charged for the attwhed bond and other good and valuable consideration it is understood and agreed that effective the 12th day of May , 2004 and subject to ail the terms, conditions and limitations of the attached band,the penal sum thereof shall be and the same is hereby decreased fromthe surnof Ninety Nine Thousand Five Hundred No/100*** Dollars( $99,500.00*** ), to the sum of Fourteen Thousand Nine Hundred Twenty Five No/1013**` Dollars($14,925.00' ), IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the 99gre��tto liability of the Surly for any toss occurring prier to said date shell not exceed the sum of Ninety Nine Thousand Five Hundred No/100*** Dollars or for any lose occurring subsequent to said date shall not exceed the sum of Eog[Wa3n Thousand Nine Hundred Twenty Five No]-100*** Dollars($14,925-00" ) In no event, however, shall the aggregate liability of the Surety a and the larger of the aforementioned sums,it being the Intent hereof to preclude cumulaatve liability. SIGNED,SEALED AND DATED this 13th any of May_, 2004 , Accepted By: Shapell Industries of Northern California, a Division of Count of Co Cos Shapell Industries, Inc. (Principal) r7�-t't""c' - (Seal) J TRLEBRIDGEp ASST. V.P. 9 : zg_OX, ASST. SEC. National ire Insurance Corry an of Hartford t5 ty) B (Seal) a Pamela L. Stocks Attorney-in-fact SUR-23159-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 signatures and seals herein affixed hereby make,constitute and appoint Pamela L. Stocks Beverly A.Hall,Sandra V. Hanner, lndividuall Of Sherman Oaks,California 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 nature --In Unlirited 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 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 51. American Casualty Company of Reading,Pennsylvania AAXYu SIJU. 49 Michael Gengier Group Vice President State of Illinois,County of Cook,as: 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 seats affixed to the said instrument are such corporate seats;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. 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 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 theer�e hereof is still in force. in testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this t h day of May - - $ --2004- Continental 2004Continental Casualty Company 000rtr" °a>6 National Fire Insurance Company of Hartford ,. . American Casualty Company of Reading,Pennsylvania SEAL i, 1>1Hi7 +r {Rev. 1/23/01) Mary A.Rtblkawskis Assistant Secretary 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 xecutlon of Documents Section 3.Appointment of Attomey-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-€n-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 attomeys-€n-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 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 seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX 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 any such power and any power or certificate bearing such facsimile signature and seat 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 duty adopted by the Board of Directors of the Company. "Article VI--Execution of Obligations and Appointment of Attomeydn"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 attomeys-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 sealed 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, 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 seat 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 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 Califo is County of Los Ancleles Can May 13. 2004 before me, Sandy Hanner- Notarv_Public Date NAME,TITLE OF OFFICER., "JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) ( X ) personally known to me - OR - (_.,_) proved to me on the basis of satisfactory evidence to be the person(a) whose name{4€shat oubscr€bed to the within instrument and acknowledged to me that boWshefitaW executed the same in bdr/her/tall[authorized capacityoeeE and that by Xwheril signature{a) on the instrument the p+emon(19), or the entity upon behalf of which the person(so anted, executed the instrument. - - i WiTNE my hand and o ial seal. SANDY HANNER _ Commission#1362157 *My Notary Public-CaliforniaLos Angeles County Comm.Expires Jul 2,20084 C>PTICN+IAt. 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 SIGNED! DESCRIPTION OF ATTACHED DOCUMENT {_..) INDIVIDUAL { ) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (_. ) PARTNER(S) LIMITED {_) GENERAL xNUMBER OF PAGES {._) ATTORNEY-IN-FACT {�) TRUSTEE(S) (�) GUARDIAN/CONSERVATOR {, .) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S)OTHER THAN NAMED ABOVE G-101426-13 NOTICE 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 (collectiv6ly the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of'America, Surety Banding 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. D?'SC.UE-URE OF PREDUUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). -TERRORISMDISCLOSURE OE FEDERAL FARTICIPATION IN BAYMNI 0 LOSS The United States will pay ninety percent(90%) of covered.terrorism losses exceeding the applicable suretylinsurer deductible. Fosm MID 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.C. 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. 1=85. K 1315697 Y WITNESS m hand and official seal. comm�aton# 131 Notary P14aUc-caufomlo tiara clam County My Catnm. XV 24.Z Signature of Notary Public Optimal Infos- ion Title or Type of Document: Increase/Decrease Rider Bond#929-247-996 - Tract 7984 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shatxell Industries, Inc.