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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-387 III Hill CONTRA STA Cc Recorder Office S Recorded at the request of. WX L', VEER Clerk-Recorder {� Contra Costa County IOC— 200 'x'02391�rS'"00 Board of Supervisors Wedmeaday,, JUN 29, 200515.13:33 Return to: FRE $8.00 Public Works Department Engineering Services Division t 7 t l Pd $1-H N4r-N@27/18 Ira/R9/1-9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 28, 2005, by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKRIA NOES: NONE ABSENT: NONE ABSTAIN: NONE R SOLUTION NO 5� S SUBJECT: Accepting completion of improvements for Camino Tassajara Road,RA 00-01107 (cross-reference Subdivision 8002), Danville area. (District III) These improvements are approximately located along Camino Tassaj ara Road. The Public Works Director has notified this Board that the improvements in Road Improvement Agreement RA 1107 with Shapell Industries of Northern California, have been completed heretofore approved by this Beard in conjunction with the filing of the Subdivision Map. CM:rm:sr Ci:\GrpData\EngSvc\130\2005\06-28\RA o0-01107 Bo-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. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. :ATTESTED: JUNE 28, 2005 -1.Bergeron,Mapping Div. JOHN SWEETEN, Clerk of the Board of Supervisors and -1.Ysinael,Engineering Svc. -T.—May 28,2006 County Administrator Sheriff-Patrol Div.Commander CHP,c/o Al CSAR—Cartog Shapell Industries of Northern California 100 N.Milpitas Blvd. By , Deputy Milpitas,CA 95035 Attn:S.savage,S.Worded American Casualty Company of Reading PA 21650 Oxnard Street Woodland Hills,CA 91367 Attn:Pamela Stocks RESOLUTION NO.2005/ 387 SUBJECT: Accepting completion of improvements for Camino Tassajara,RA 00-01107(cross- reference Subdivision 8002),Danville area. (District III) DATE: June 28,2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of June 28 2005 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 March 26, 2002 American Casualty Company of Reading PA BE IT FURTHER.RESOLVED the payment (labor and materials) surety for$985,602.00, Bond No. 929206139 issued by the above surety be RETAINED for the six month lien guarantee period until December 28,2005,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 widening of Camino Tassaj ara Road the hereinafter described roads,as shown and dedicated for public use on the Final Map of Subdivision 8002 filed April 12,2002,in Book 441 of Maps at Page 46-53,Official Records of Contra Costa County,State of California,is ACCEPTED and DECLARED to be a County road.' Road Name Road-R/W Widths Road Number Lengths(Miles) Camino Tassajara 0.022miles 47210 0.405 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the-$19,712.00 cash deposit(Auditor's Deposit Permit No. 382409,dated March 1, 2002)made by Shapell Industries of Northern California and the performance/maintenance surety bond rider for $292,723.20, Bond No. 929206139 issued by American Casualty Company of Reading PA be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2005/387 RA-1107,Wendt Ranch SURETY INCREASE -DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 206 139 issued by the American Casualty Company of Pleading, PA ,as Surety,on behalf of Sha ell industries of Northern Caldomia a Division of Shaggli"'Industries Inc. of Milpitas, CA hereinafter referred tows the Principal,and in favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee, effective the 21 at day of FebruaI , 2002 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 12th day of May _ 2005 and subject to all theterms, conditionsand limitations of the attached bond, the penal sum thereof shall be and the same is hereby "DECREASED" _,. from the sum of One Miilion Nine Hundred Fifty One Thousand Four Hundred'Eiahty Eight and No/1Q0*" Dollars($ 1,951.488.00"" _),to the sum of Two Hundred Ninety Two Thousand Seven Hundred Twenty Three and 2Q/1QQ" Dollars($ 292,723.20"* ) 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 One Million Nine Hundred Fifty One Thousand Four Hundred Eighty Eight and No/100.. Dollars{$ 1,951,488.00** or for any loss occurring subsequent to said date shall not exceed the sum of TWO Hundred Ninety Two Thousand Seven Hundred Twenty Three and 20/100.. Dollars($ 292,723.20'* ) 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 12th_ day of May. 2005 Accepted By,, Shapely Industries of Northam California,a Division Countytil#ra Costa of Coof Shapell industries, Inc. (Principal) By — ByfK, {Seel} ax, ASST. SEC. 'IX ByLW�'V'�-•-•� � Seal 1 ) ROBERT D. MOORR , ASST. V.P . American-Casualty Company of Reading, PA Farm F4763 y Uret n'f. (Seal) Pamela L. Stocks Attorney-in-Fria POWER OF ATTORNEY API INTING llVt7it`M)GA r r r►t v�r-ltif4Yt r►a'. - 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 Attorneys)-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. Aat %"S" Continental Casualty Company .p. ` National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania JULYz 2� SEAL Lown 31' ,(r ' 1497 4� Michael Gengler Senqk Se ' Vice President State of Illinois,County of Cook,ss: On this 16th day of April,2004,before me personally;carne 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 Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and Axnerican 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 s ELIZA PRICE • RMAW awue mrAU CW u.Wcws: Mr r 6xtx s:"M7" My Commission Expires'September 17,2006 Eliza Price Notary Public CERTIFICATE I,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 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 have hereunto subscribed my name and affixed the seal of the said corporations this 7 h day of � -IQ05—. �tyG +ILr yWt a„ Continental Casualty Company ,e National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania wcr si, # c� 8EAY ', 19az a i 1997 Mary*RIbika�Ik�isAssistant'Secretary Forth F6853-1112001 State of California County of Las Angeles O� May 12,2005 before me. Sandy Hanner-Notary Public Oat* NAME, TITLE OF OFFICEK.'JAMS DOE. NOTARY PUBLIC- personally appeared Pamela L.Stocks UME(S)OF SIGNER(S) { }personally known to me-OR- (.....).proved to me on the basis of satisfactory evidence to be the person(s) whose nanne(a)islalm subscribed to the within instrument and acknowledged to me that bra/she/ oW executed the same in>Maislher/thnair authorized capacity#ies), and that by ted her/WAW signature(3)on the instrument the person(f),or the entity behalf of which the person(s)rt(as) acted, executed the instrument. WITI IE my hand and p i >se81. SAt3t1Y HANNER Commission#1362tV Notary Public -Califort�a SIGNATURE Of NOTARY Los Angeles County 010y Comm.Expires Jul 2,2006OPTIONAL Though:the data below Is not required by lawn, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIG14ER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL. CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT {.._.} PARTNER(S) (.._ } LIMITED {....}GENERAL NUMBER OF PACES (,.x...) ATTORNEY-IN-FACT (..�} TRUSTEE(S) (..._} GUARDIAN/CONSERVATOR (.._.) OTHER DATE OF DOCUMENT SIGNER IS REPRESENT G: NAME OF PERSON(S)OR ENTITY(IES� American Casualty Company of Reading, ennsylvania SIGNER(S) OTHER THAN NAMED ABOVE t3•i 07�2d.g 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 (collactively 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 OF PREBURM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FMER-AL PARTICIPATION RO ISM LOSSES The United States will pay ninety percent(90%) of covered terrorism losses exceeding the applicable suretylinsurer deductible, Form F7310 ?5 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT '?r State of California s > ye, County of Santa Clara } �1 t s On May 16,2005,before me,Janice T. Kruse,NotaryPublic 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 theentityupon behalf of which the persons acted, executed the instrument. 7j y z( >j { Commdulon# 1318647 WITNESS my hand and official seal. >r> z *,MyComm Notary Pubft Ccrgtornta Xsarft .Expkw CAug 2A,2ws Si' ature of Notary Public r z; Optional Information Title or Type of Document: Decrease Rider-RA 1107-Wendt Ranch Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary cif Shggell Industries,Inc:` ;,i