HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-375 � IIIIIIIII:IIII �IIIIIIIIIIIIIIIIIIII�IIII�IIIIIIII •
Recorded at the request of: CONTRA COSTA Cc Recorder Office
Contra Costa County STEPHEN L, WEIR, Clerk_Re
Board of Supervisors
Return to: DOC— 2,� ��2�corder 357—,,
Public Works Department Wednesday, JUL 14, 2004 10:17:13
Engineering Services Division FRE $0.00
Tt 1 Pd $8.00 Nbr-NO2237045
Irc/R9I1_8
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 13, 2004,by the following vote:
AYES: SUPERVISORS GTOIA, UILKEMA, GREENBERG, DESAULNIER 'AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004127 5
SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement
on North Wedgewood Road for Road Acceptance RA 01-01116 (crass-reference
Subdivision 7984) San Ramon(Dougherty Valley) area. (District III)
The Public Works Director has notified this Board that the Right-of-Way Landscaping
improvements on North Wedgewood Road in Road Acceptance RA 01-01116 have been completed
as provided in the Subdivision Agreement(Right-of-Way Landscaping)with Shapell Industries of
Northern California, heretofore approved by this Board in conjunction with the filing of the
Subdivision Map.
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G:\GrpData\EngSvc\BO\2004\07-13-04\RA 1116 BO-45.doe
originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Teri Rip(313-2363)
Recording to be completed by CCf13 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.
-J.Ysmael,Engineering Services JULY ���
Shapell Industries ofNortbern California ATTESTED: ,
Milpitas Blvd.
Milpitas,CA 95035 1�JOHN SWEETEN, Clerk of the Board of Supervisors and
Attn:S.Savage,S.Worden,&J.Gold County Administrator
National Fire Insurance Company of Hartford
21650 Oxnard Street,#600
Woodland Hills,CA 91367
City of San Ramon , ^''
Attn:Chris Low By !I , Deputy
3180 Crow Canyon Pl.,Ste 140
San Ramon,CA 94583
RESOLUTION NO.2004/375
SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement
for Road Acceptance 01-01116 (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 Co.ofHartford
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $60,800.00
Bond No. 929247995 issued by the above surety be RETAINED for the six month lien guarantee
period until January 13,2004,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 on Road
Acceptance RA 01-01116 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$1,200.00 cash deposit(Auditor's Deposit Permit No. 3 91840,dated
August 22, 2002) made by Shapell Industries of Northern California and the
performance/maintenance bond rider for$18,045.00,Bond No.929247995 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. 2004/375
Executed in Triplicate
RA-1116, Gale Ranch 11,XREF SUB 7984
SUREry
Increase-decrease Rider
TO BE ATTACHED TO and form part of Sand Number 929 247 995 issued by the
National Fire Insurance Company of Hartford
as Surety,on behalf of Shapeil Industries of Northern California, a Division of Shapell 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 changed for the attached 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 bond,the penal sum thereof shall be and the same Is hereby decreased
from the sum of One Hundred Twenty Thousand Three Hundred No/100***
Eighteen Thousand Fort Five No/100*** Dollars( $120,300.00***—),
to the sum of 9 Y
Dollars
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limItatiorts of the attached bond,
the aggregate Itabiltty of the Surety for any loss occurring prior to said date shall not exceed the sum of
One _undred Twenty Thousand Three Hundred o/100**"
Dollars($120,300.00*** �
or for any lose Dow!
subsequent to said date shall not exceed the sum of
Eighteen Thousan�Forty Five No/100*"`*
Dollars($18,045.00'
y
In no event,however,shalt the aggregate liability of the Surety exceed the larger of the aforementioned sums,it being the
Intent hereof to preclude cumulative liability.
SIGNED,SEALED AND DATED this 13th day of May, 2004 ,
Accepted By:
Shapeli Industries of Northern California, a Division of
Coon of Contra Cos _Shapeli Industries, Inc.
(Principal)ty: By: l incnCiip- (Seal)
TRUMPItGE , ASST. V.P .
S :
KEN COX , ASSN'. SEC.
Natio ire Insurance Company of Hartford
urety)
g (Seel)
Pamela L. Stocks Aitamey-in-fact
SUR-23189-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,Individually
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 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
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.
ttF Continental Casualty Company
oowokokft National Fire insurance Company of Hartford
s
sr, American Casualty Company of Reading,Pennsylvania
WAL
mr
Michael Cengier Croup Vice President
State of Illinois,County of Cook,ss:
On this 3rd day of August,2001, before me personally came Michael Cengier to me known,who,being by me duly swam,did depose and
say:that he resides In the City of Chicago,State of Illinois;that he is a Croup 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.
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My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
i,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 stili in force,and further
certify that the By-Law and Resolution of the Board of Directors of the corporations printed on ther�1r��e hereof is still in force. In testimony
whereof I have hereunto subscribed my name and affixed the seat of the said corporations this - 1.3'{;i� day of
._ 4
t`t'c , Continental Casualty Company
oorr�+�nr
National Firm Insurance Company of Hartford
American Casualty Company of Reeding,Pennsylvania
SEAL AR r`
1897 ` +►
(Rev. 1!23!01) Mary A.Ribikawskis 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 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 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 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 aftomey 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 By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to arty 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-�ecudon of oblipattonrs and AppolMrmnt of Attornay-M-Fact
Section 2.Appointment of Attorney-€n-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 lice 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, Sensor 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 Hoard 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 faresimlle signature and seal shall be valid and binding on the Company.Any.such paver 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,Attomeys-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 limltatiorus 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 hell 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 California-
County of Los Ancieles
On - - May Ia. 2004 before me, Sandy Hanner- Notary Pu blit
Date NAME, TITLE OF OFFICER.,'JANE DOE,NOTARY PUBLIC"
personalty 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(s) whose name(*is/Amoubscribed to the within instrument and acknowledged to me that
k*shei*W executed the same in bWher/twit authorized capacity0w* and that by PWherM%W
signature(&) on the instrument the person(g), or the entity upon behalf of which the person(t acted,
executed the instrument
a Zwaa - -
SANDY HANNER WITNE my hand and?fI
4Commission#1362167 4 -Wial seal.
Notary Pubfif,-COMM* "I"a
Los Arqe*s Cc SIGN RE OF NOTARY
MY Comm.Expirm ZU13,2006
OPTIONAL
Though the data below Is not required by law, It may prove valuable to persons relying an the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
Timpis) TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Comganv
of Hartford SIGNER(S)OTHER THAN NAMED ABOVE
0-107496-0
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 mare 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 (collectivd y 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 Deeding, PA., The Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00),
DISCLOSURER
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applieable surety/insurer deductible.
Form F7310
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
Mate 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.
.ice x KM�
6Comms# 131 8647 [
W*"PUbUC-cava WITNESS my hand and official seal.
Sags Cktra County
1*C*mm.LVVuAiV24.
l Si ature of Notary Pudic
Optional Information
Title or Type of Document: Increase/Decrease Rider Band#929-247-995, Tract 7984
Capacity Claimed by Signer. Assistant Nice president and Assistant Secretary of
Shauell Industries, Inc.