HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-360 CONTRA COSTA Co Recorder Office
Recorded at the request of: STEREN L, WEIR Clerk-Recorder
Contra Costa County DOC-. 2# 05--�021721$_D0
Board of Supervisors WodnesdaY ,
Return to: FRE , JUN 1$ 2005 10:54:43
Public Works Department �} ��'{�0
Engineering Services Division Tt l Pd $6,oe Nbr•9002747022
THE BOARD OF SUPERVISORS OF CONTR..A. COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 14, 2005, by the following vete:
AYES: SUPERVISORS GIOIA, PIEPHO, i7ESAULNIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.2005/ 360
SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement
on Camino Tassajara for Road Acceptance RA 00-01107 (cross-reference
Subdivision 8002)Danville area. (District III)
The Public Works Director has notified this Board that the Right-of-Way Landscaping
improvements on Road Acceptance RA 00-01107 have been completed as provided in the
Subdivision Agreement(Right-of-Way Landscaping)With Shapell Industries of Northern California,
a division of Shapell Industries,Inc.,heretofore approved by this Board in conjunction With the filing
of the Subdivision Map.
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G:\GrpData\EngSvc\BO\2005106-14\RA 00-01107 BO-45.doc
Originator. Public Works(ES) I hereby certify that this is a true]and correct copy of an
Contact: Teri R;e(313-2353)
Recording to be completed by CODaction 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.
-C.Mohammed,Engineering Services
Shapell Industries of Northern California ATTESTED. JUNE +, 2005
it itaMilpitas Bled. JOHN SWEETEN
Milpitas,CA 95035 , Clerk of the Board of Supervisors and
Attn:H.Queyrel and J.Gold County Administrator
American Casualty of Reading,PA
21650 Oxnard St.,#600.4
Woodland Hills,CA 91367
By ,Deputy
RESOLUTION No.2005/ 360
SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement
on Camino Tassajara for Road Acceptance RA 00-01107 (cross-reference
Subdivision 8002)Danville area. (District III)
DATE: June 14, 2005
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of June 14,2005 thereby establishing the six-month terminal period for the filing of liens in case
of action under said Right-of-Way Landscaping Agreement.
DATE OF AGREEMENT NAME OF BANK/SURETY
March 26, 2002 American Casualty of Reading,PA
BE IT FURTHER RESOLVED the payment (labor and materials) surety for$173,650.00,
Bond No. 929206144 issued by the above surety be RETAILED for the six month lien guarantee
period until November 24,2005,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 00-01107 are ACCEPTED AS COMPLETE.
BE IT FURTHER RESOLVED that the beginning of the maintenance period is hereby
established, and the$3,473.00 cash deposit(Auditor's Deposit Permit No. 382773,dated March 7,
2002) made by Shapell Industries of Northern California and the performance/maintenance bond
rider for$52,095.00,Bond No. 929206144 issued by American Casualty Company of Reading,PA
be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until
release by this Board.
RESOLUTION NO. 2005/360
MSURETY RA-1107
INCREASE -DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 929 206 144 issued by the
American Casualty Company of Reading,PA ,as
Surety,on behalf of Shapell Industries of Northern California,a Division of Shapell Industries, Inc. of
Milpitas,CA hereinafter referred
to as the Principal, and in favor of County of Contra Costa
of Martinez, CA hereinafter
referred to as the Obligee, effective the _ 2$th day o€ Febru. a 2Q02 ,
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 17th day of March 2005 __ ,and
subject to all 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
Three Hundred Fo Seven Thousand Three Hundred No1100** Dollars($ 347,300.00** ),to the
sum of Fifty Two Thousand Ninety Five N911 0** DoElars($ 52t09>.OQ*' , }.
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the
attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the
sum of Three Hundred EoM Seven`thousand Three E-kmdreciNoll 00** Dollars($ 347,300.00** }
or for any loss occurring subsequent to said date shall not exceed the sum of
Fifty Two Thousand Ninety Five Noll 00** Dollars($ 52.095.00*' ),
In no event, however, shall 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 - 30th day of _Ian 2QO5.
Accepted By. Shapell Industries of Northern California,a Division
County of Contr osta of Shapell Industries, Inc.
(Principal)
By
By By /4 (Seel)
x !iS`T- SEC.
By _ - (Seal)
ROBERT 5790- RE, ASST. V.P.
American`Opsualty Company of Reading, PA
Form F4763 (lure
(Seal)
Pamela L. Stocks Attorney-in-Fact
State of California
County of Los Angeles -- - —
On March 30,2005 before me, Sandy Hanner-Notary public
oat* NAME.TITLE OF OFFICER.. "JANE DOE. NOTARY PUBLIC`
personally appeared Pamela L.Stocks
NAME(S)OF SIr3NER(S)
x) personally known to me-OR- (_......) proved to me on the basis of satisfactory evidence to be
the persons)whose name(st)isl subscribed to the within instrument and acknowledged to me that
t+e/sheltl«►etlt executed the same inUslhert k authorized capacity0"), and that by kiWhert#*#
signatures) on the instrument the person(}, or the entity upon behalf of which the-person(s) acted.
executed the instrument.
_ WITNESS y hand and o seal.
SANDYHANNER
commission#f38±it5?
Notary Public-C*Wb m1b SIGNATURE OF NOTARY
Los Ar►psles 09tintY
my Goa .�JW 2, 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 13Y SINNER DESCRIPTION OF ATTACHED DOCUMENT
( _} INDIVIDUAL
f,_ } CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
( �}
PARTNER(S) () LIMITED
{..i)GENERAL
(-Y--) ATTORNEY-IN-FACT NUMBER OF PAGES
(�) TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IEgS�
American Casualty Company of Reading, annsylvanla
SIGNER(S) OTHER THAN NAMED ABOVE
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
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'? On March 31,2005,before me, Janice T. Kruse,Notary Public personally appeared ;
` Robert D. Moore and Ken Cox known to me to be the persons whose name are
subscribed to the within instrument and acknowledged to me that they.executed the same
in their authorized capacities, and that by their signature on the instrument,the persons or ?
the entity upon behalf of which the persons acted, executed the instrument: 'S
s tAN10E T.KRU5E 1TNESS my hand and official seal. ?�
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Notary Public
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Santa Clara county
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Optional Information
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Title or Type of Document: Increase/Decrease Rider RA-1107 Bond#929-206-144
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Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries,Inc.
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Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a
Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(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,Gina O'Shea,Individually
of Sherman Oaks,CA,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 Senior Vice President and their corporate seals to be
hereto affixed on this 16th day of April,2004.
�+yc+►su��Tr Continental Casualty Company
06 National Fire Insurance Company of Hartford
F OWOP rr .� r`o a American Casualty Company of Reading,Pennsylvania
SEUL )'IBM I.
18D'1 � 1tAR't�� • d�
Michael Gengler Sen' VicePresident
State of Illinois,County of Cook,ss:
On this 16th day of April,2004,before me personally came Michael Gengler to me known,who,being by me duly swom,did depose and say: that
he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National
Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation
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.
OFFICIAL SEAL
ELIZA PRICE
MOTAW PUBUO,STAT!OF RLIMOW
w expMM WM7lM
My Commission Expires September 17,2006 Eliza Price Notary Public
CERTIFICATE
1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the
Power of Attorney herein above set forth is stilt 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
30th day of March 2005
Wtr pastngq a, Continental Casualty Company
National Fire Insurance Company of Hartford
06r ,d %*9Wftmrto X American Casualty Company of Reading,Pennsylvania
J SEAL , JULY 21.
fog? lilt
Form F,6853-11/2001Mary A. ika is Assistant Secretary
Authorizing By-Laves 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 Ery-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 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 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 thererto. 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 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 17`"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 1X 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 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—Execution of Obligations and Appointment of Attorney-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 limitations set forth in their
respective certificates of authority,shall have fill 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 duly called and held on the 17'"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 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 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 17a`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."
NOTICE
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bands 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 (collectively 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,
DISCLOSURE 0 REMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($6.00).
DISCLOSURE-OF FEDERAL RT T F TERR(�RISl1�
LOSSES
The United States will pay ninety percent (90VO of covered terrorism losses exceeding
the applicable suretylinsurer deductible.
Form F7310