HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-392 Recorded at the request of: COMM COSTA Co Recorder Office
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 28, 2005by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA
NOES DONE
ABSENT: NONE
ABSTAIN: NONE
0. 6ZEOI392
SUBJECT: Accepting Completion of Improvements for Japonica Way and Road Trrnprove ent
Agreement for RA 03-01148, San Ramon.(Dougherty Valley) area. (District IIT)
The Public Works Director having notified this Board that the improvements for Japonica
Way have been completed as provided in the Road Improvement Agreement with Shapell Industries
of Northern California'heretofore approved by this Board;
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 Road Improvement Agreement:
DATE OF AGREEMENT SURETY
August 17, 2004 National Fire Insurance Company of Hartford
CM:r,rr I hereby certify that this is a true and correct copy of an
c:\cipData\En$Svc\BO\2005\06-28\RA 03-01148 so-42.doe action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: Teri Pie(313-2363) Supervisors on the date Shown.
Recording to be completed by COB
cc: Public Works' -Accounting
-T.Hell,Construction
Maintenance(w/Plat) ATTESTED: .TUNE 28, 2005
CSAA-Cartog
CHP,c/o Al JOHN SWEETEN, Clerk of the Board of Supervisors
Sheriff-Patrol Div.Commander and County Administrator
Shapell Industries of Northern California
100 N.Milpitas Blvd.
Milpitas,CA 95035 By Deputy
Attn:S.Savage,S.Worden '
National Fire Insurance Company of Hartford'
5820 Canoga Ave.,Ste 200
Woodland Hills,CA 91367
RESOLUTION'NO.2005/ 392
SUBJECT. Accepting Completion of Improvements and Road Improvement Agreement for RA
03-01148, San Ramon(Dougherty Valley) area. (District III)
DATE: June 28, 2005
PAGE. -2
BE ITFURTHERRESOLVED the payment(labor and materials) surety for$411,450.00,`
Bond No.929299742 issued by National Fire Insurance Company ofHartford be RETAINED for the
six month lienguarantee 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 Japonica Way improvements are ACCEPTED as
COMPLETE;the right of way was conveyed by separate instrument,recorded on June 1,2004,in
Book, 465 of Maps on page 1-20.
ROAD 'WIDTH LENGTH
Japonica Way 40'' —72'' 0.31 miles
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the $8,200.00 cash deposit (Auditor's Deposit Permit No. 423931, dated May 3,
2004) made by Shapell Industries of Northern California,'a division of Shapell Industries Inc., a
Delaware Corp., and the performance,/maintenance surety bond rider for $122,205.00, Bond No.
929299742 issued by National Fire Insurance Company of Hartford be RETAILED pursuant to the
requirements of Section 944.406 of the Ordinance Code until released by this Board.
Shapell Industries' of Northern California will maintain the improvements during the
maintenance and warranty period.
All deposit permits are on file at the Public Works Department.
RESOLUTION NO. 2005/392
ll � �` `
RA-1148, Gale Ranch ll
"INCREASE DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 929299742 issued by the
National Fire Insurance Company,of Hartford , as
Surety, on behalf of Shspelt 4ndustr1es'of Northem California,a Division of Shapell Industries,Inc.,a Delaware Corp. of
Mil tas, CA hereinafter referred
to as the Principal,and in favor of - County of Contra Costa
of Martinez, CA hereinafter
referred to as the Obligee,effective the 20th day of April I _.�, 200
IN CONSIDERATION of the premium charged for the attached bond and other goad and valuable consideration it
is understood and agreed that effective the 12th day of May 2005 _and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby **DECREASED** from the sum of
Eight hundred Fourteen Thousand Seven Hundred No/100*** Dollars($ 814,700.00*' ),to the
sum of One Hundred Twenty Two Thousand Two hundred Five No/100*— Dollars($122,205:00** ),
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the
attached bond, the aggregate liability of the Surety for any loss occurring prior to said elate shall not exceed the
sum of Eight Hundred Fourteen Thousand Seven Hundred Noll 00*"" Dollars($ 8'14,700.00*" )
or for any loss occurring subsequent to said'date shall not exceed the sum of
One Hundred Twenty Two Thousand Two hundred Five No/100'"** Dollars($ 122,205.00**
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 18th' day of May,2005
Accepted By: Shapell Industries of Northern.California, a Division
County of Contra osta of Shapell Industries,Inc.,a Delaware Corp.
R s
1 )M4
BY r 1 By (Seel)
T D , M O- RE, ASST. 'V.P.
By ;X4EXc0X,
(Seal)
ASST. SEC.
NationaF'1rr Insurance Company of Hartford
Form F4763 �` "(Surety)
By
By (Seal)
Pamela L. Stocks Attomcy-in-Fact
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
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 Mocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually
of Sherman Oaks, CA,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 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 21st day of March,2005.
x 0*�Wt wsu Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
7v
Sm MYMORI
t.
Michael Gengler Sett' Vice President
State of Illinois,County of Cook,ss:
On this 21st day of March,2005,before me personally came Michael Gengler tome 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 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 hoards of Directors of said corporations and that be signed his name thereto
pursuant to like;authority,and acknowledges same to be the act and deed of said corporations.
OFFICIAL SEAT.
*JZA rum
�wr"rrr`�w�r
My Commission Expires September 17,2005 '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 still in force,and further certify that the By--Law and Resolution of the Board of Director;of the corporations
printi� the revdearseof
fhereo s still in force. In testimony wh�� f have hereunto subscribed my name and affixed the seal of the said corporations this
y
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reacting,Pennsylvania
i�
AMY 31.
Form F6853-1I/2001 Mary A. ika' kis 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 Senior Executive, S r Group Vice
i en o rou
President may, from time to time, appoint by written certificates attomeys-in-fkct 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 certi ficates of authority,shall have full power to bind the Company by their signature and execution of any such instruments andme
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 17th day ofFebmary, 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 LX 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 certificatesoexecuted
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 atterneys-in-fact subject to the limitations set forth in their
respective certificate,.,,of authority,shall have fall power to bind the Company by their signature and execution of y such instruments d to c the
u im su in an attach
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 ofDirectors of the
Company at a meeting duly called and held on the 17'h 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 purstrant 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 sucheT certificate bearing a,power and any pow or c ficate be ng uc
h
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed ancertified by certificate so executed
eal d e ted
and scaled 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 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 seat of the Corporation theme. The
President,an Executive Vice President,any Senior or Group Vice President or the Boards 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 ofDirectars of the
Company at a meeting duly called and held on the 17"'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 ofattomey granted pursuant to the Resolution adopted by this Board of Directers-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 I 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 Angeles
On May 18 20o5 before me, Sandy Hanner-Notary Public
Date NAME. TITLE OF OFFICER.."JANE DOE, NOTARY PUBLIC-
personally appeared Pamela L. Stocks
NAMES)OF SIGNER(S)
( personally known to me-OR-(._ )paved to me on the bads of satisfactory evidence to be
the person(g) whose name(*) is/mm subscribed to the within instrument and acknowledged to me that:
%01eho/tbft executed the same in WherltvAr authorized capacityfloe). and that by kiartherltttatr
signatures)on the Instrument the personJ4 or the entity upon behalf of which the person(s) acted,
executed the Instrument
r'
====—� •` WITiNESS y hand and official seal.
SANDY HANNER
Comtnissto t*1362157 x
Notary'PubfiC-Cslifortii8 Sw
Los Angeles County, Stt3tVl RE Of NOTARY
My Corm,Expires Jul 2.20W
CFTIQhIAtI
Though the daft below Is not required by taw,it may prove,valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITYCLAIMED BY SIGNER DESCRIPTION'OF ATTACHED DOCUMENT
} INDIVIDUAL
{. } CORPORATE OFFICER
TITLE(S) TITLE OR`TYPE=OF DOCUMENT
{._ }
PARTNER(IS) (,_.,.} LIMITED`
_}GENERAL
NUMBER OF PAGES
(-s ) ATt'ORNEY:IN-FACT
{. ) QUARDIAN/CONSERVATOf
OVER
DATE OF DOCUMENT
SINNER IS REPfM$'ENT1lNGI:
NAME OF'PERSON(S)Oft ENTITY(IES)
titin alF ra nsuranC'SpR7I2.jaay gf Hartford.
SIGNER(S) OTHER THAN NAMED ABOVE
G-t0742"
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of ,a n
On '� N'10 6 5, before me, San; y
i ooate Name and Title of Offi Rer(9.9 e Doe.Notary Public")
personally appeared -� ----^ t�C—}Y✓ t Y"! C-C
rvame(s}of Signer(s)
❑personally known to me
El proved to me on the basis of satisfactory evidence
s
ONSAan to be the person(s) whose name(s)'is/are subscribed
Comminion#I to the within instrument and acknowledged'to me that
y� Notary Public Caiit° he/she/they executed the same in his/her/their
Sank,Clara county' authorized capacity(ies)r and that by his/her/their
My COMM-EXPtrss Oct i 3,2003 Y
signature(s) on the instrument the'person(s), or the
entity upon 'behalf of which the person(s) acted,
executed the instrument.
WIT `ESS my hand'' nd official seal.
Placa Notary Seal Above
VkR -
Signature of Notary Pu k
OPTIONAL
]'hough the information below is not required by taw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Pocument
Title or Type of Document:
Document Date: Number of Pages;
Signer(s) tither Than Named Above:
Capacity(les)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
Corporate Officer Title(s): ❑ Corporate Officer—Title(s):
0 Partner—O'Limited ❑General ❑ Partner=--O Limited El General
0 Attorney in FactiaQ of thumb here ❑ Attorney in Fact
Trustee ❑ Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association-9350 De Soto Ave.,P.O.Sox 2402-Chatsworth,CA 93313-2402 item No.5947 Reorder Call Toil-Free 1.80"7$-8827
N
Inaccordance with the Terrorism Disk 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.
`Ib 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, N'ational''Fire Insurance
Company of Hartford,American Casualty Company of Reading, PA, The Firemen's
Insurance Company of Newark, NJ, and The Continental''Insurance Company,
The premium attributableto coverage for terrorist acts certified under the Act was
Zero Dollars ($6.00).
PARTICIPATIQN IN PAYMXT.OF TERRQRISM
LEES
The United States will pay ninety percent (90%) of covered terrorismlosses exceeding
the applicable suretytinsurer deductible.
Form F7310