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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-381 Recorded at the request of: CONTRA COSTA CO Recorder VT T ice Contra Costa Board of supervisory STEPHEN L, WEIR, Clerk-Recorder Return to: DOC— 2004-0269360-00 Public Works Department Wsdnes>l<day, JUL 14, 2004 10:17:40 Engineering Services Division PRE $0.00 fit l Pd $0,00 Nbr-0002237048 lrc/R8/1-8 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 GLOM NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 381 SUBJECT: Accepting completion of improvements for Right-of--Way Landscaping Agreement on Lilac Road and Cypress Hawk Court for Subdivision 97-08133, San Ramon (Dougherty Valley) area. (District M) The Public Warks Director has notified this Board that the Right-of-Way Landscaping improvements in Subdivision 97-08133 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\BO\2004\07-13-04\SD 8133 BO-45.doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by COB I.D.95-2578030 I 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 American Casualty of Reading,PA 5820 Canoga Ave.,Suite 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/ 381 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement on Lilac Road and Cypress Hawk Court for Subdivision 97-48133, 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 $31,000.00, Bond No. 929097482 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 in Subdivision 97-08133 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 $600.00 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 $9,195.00, Bond No. 929097482 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. 2004/381 Executed in Triplicate Tract 5133, Bridges at Cale Ranch CAM suRETY Increase -Decrease Bider TO BE AT'T`ACHED TO and form part of Bond Number 929 097 482 issued by the American Casualty Company of Reading, PA as Surety,on behalf of Shapell Industries of Northern California, a Division of Shapell Industries, Inc. of Milpitas, CA hereinafter referred to as the Principal,and to favor of County of Contra Costa of Martinez. CA hereinafter referred to as the Obilgse,effective the 31st day of August 1999. IN CONSIDERATION of the premium charged 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 ati the terms, conditions and limitations of the attached bond,the penal sum thereof shall be and the some Is hereby decreased from the sum of Sixty One Thousand ThreeHundredNo/1110*** Dollars{,$61.3U0.0Q*** } to the sum of Nine Thousand One Hundred Ninet y Flue No/100*"* Dollars( $9,195.00—,--). IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate ilablNty of the Surety for any loss occurring prior to said date shall not exceed the sum of Sixty One Thousand Three Hundred No/100*** or for any loss occurring subsequent to said date shell not exceed the sum of Nine Thousand One Hundred Ninety Five No/100*** Dollars( $9.195.00*** 1• In no event,however,shall the aggregate liability of the Surety exceed the lorger 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: Shapell Industries of Northern California, a Division of County_ of Contra Costa Shapell Industries, Inc. (Principal) �V., BV: C' (Seal) /;- , .C. TFtUEBR E , ASST. V.P. 9 . K COX, ASST. SEC. American Casualty Company of Reading, PA S (Seal) Pamela L. Stocks Attomeyin-fact SUR-2.3183-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 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 seals herein affixed hereby make,constitute and appoint Pamela L Stocks Beveriy A Halt Sandra V.Hanner,Individually Of Sherman Oaks,California their true and lawful Attorney(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 Where&,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 Pleading,Pennsylvania 8Elli. � Michael Gengier Group Vice President State of Illinois,county of Cook,as: On this 3rd day of Aught,2001,before me personalty 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 Pleading,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 liven 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. • `�t�AL` S0104 PA a1 .........+r+3 My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE t,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 Attomey 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 havveahereunto subscribed my nam and affixed the seal of the said corporations this 3 til day of !S a" Continental Casualty Company National Fire Insurance Company of Hartford �a American Casualty Company of Reading,Pennsylvania JKY 21, Mary A.Rlblkawskls Assistant Secretary (Rev. 1123/01) 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 duty adopted by the Board of Directors of the Company. "Article IX—Executlon 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 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 seat 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-fad" 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 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 seat 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 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-=-€xecution of obligations and Appointment of Attamey-In-Fact Section 2.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 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 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 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 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 attomey 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 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 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 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 Attorney in-Fact." This Power of Attorney is signed and sealed by facsirnfie 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 arty 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 Ancteles On May 13, 2004 before me, Sandy Banner - Notary Public Date NAME,TITLE OF OFFICER.."JANE 0 . 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(s) whose name(*is/amoubscribed to the within instrument and acknowledged to me that bWshe/kM executed the same in hWherltattauthorized capacityOaa, and that by WherA"W signature(a)on the instrument the person(g), or the entity upon behalf of which the person(t acted, executed the instrument WITNESS y herrtd and s;al set(il. SffiAN[3Y HM;)ER /'/� _OMY Commission#1382157 '2 � Notary Public-C&ftmia SIGNA RE OF NOTARY Los Angeles County Comm.E>cf n Jul 2,20063 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) LIMITED (�} GENERAL NUMBER OF PAGES (x) ATTORNEY-IN-FACT TRUSTEE(S) (�) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S8 OR ENTITY(IES) American Casualty ompany of Reading, Pennsylvania SIGNER(S)OTHER THAN NAMED ABOVE Q-107426-8 NOTI I+ 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 W-riting Companies identified below is the surety or insurer. To principals on bands 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. D-IS ' Q UR—E OF PRFF+'Iy1TU'l1n The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). N NT OF TERROR N" N The United States will pay ninety percent (90%) of covered terrorism losses exceeding the appiicable surety/insurer 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.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. JAMM T.KRUSE cErV ission 131$697 ` WITNESS m hand and official seal. Y i�� P:�wM.caiirvmio C , oroC©unfy MyCxxW. Aug24, Si ature of Notary Public Optional Information Title or Type of Document: Increase/Decrease Rider Bond##929-097-482 Tract 8133 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary S hapell Industries.Inc.