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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-400 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on Tune 28,2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVES AND UILKEMA NOES: NONE ABSENT NONE ABSTAIN NONE SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance,Subdivision 95-07984, San Ramon(Dougherty Valley)area. (District III) On December 2,2003,this Board resolved that the improvements in Subdivision 95-07984 were completed as provided in the Subdivision Agreement with Shapely Industries of Northern California, and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance.NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to refund the $54,800.00 cash deposit (Auditor's Deposit Permit No. 391840, dated August 22, 2002) plus interest to Shapely Industries of NorthernCalifornia in accordance with Government Cade Section 53079' (if appropriate), Ordinance'Code Section 94-4.406, and the subdivision agreement. BE IT FURTHER RESOLVED that the warranty period has been completed by the developer,except for minor concrete work. The Subdivision Agreement and surety bond'rider,Bond No. 929-247-986, for$25,000.00 shall remain in effect until the minor concrete work is completed and release from this Board. Upon acceptance by the Board of Supervisors of this warranty and maintenance period,the City of San Ramon shall'accept maintenance in accordance with the Dougherty Valley Memorandum of Understanding. TR:rm:sr I hereby certify that this is a true and correct copy of an G:1GrpData\EngSvciBO\2005\06-28\SD 95-07984 B0-60.doc action taken and entered on the minutes of the Board of Originator- Public Works(ES) Supervisors on the date shown. Contact: Teti Rie(313-2363) I.D.95-2578430 cc: Public Works -M.Valdez,M&T Lab -T.Bell,Construction ATTESTED: JUNE 28, 2005 -C. mmu ,Engineering Services JOHN SWEETEN Clerk of the Board of Supervisors Current Planning,Community Development JOHN p Shapell Industries of Northern California and County Administrator. Attn:Steve Savage,Sam Worden National Eire Insurance Company of Hartford City of San Ramon Attn:Chris Lowe By Deputy RESOLUTION NO.2005! 400 SURETY Tract 7984,Gale Ranch Ii,N-1 INCREASE -DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 247 986 issued by the National Fire Insurance Company of Hartford as Surety,on behalf of Shapell Industries of Northern callfomia a Division of Shapell Industries,Inc.,a Delaware Corp. of Milpitas CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of Mattjnez CA hereinafter referred to as the Obligee, effective the 14th day of August 2002 IN CONSIDERATION of the premiumcharged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 22nd day of February 2005 ,and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall beandthe same is hereby *DECREASED** -- from the sum of Eight Hundred Fourteen Thousand Five Hundred filo/100"*(Performance Only Dollars($ 814 5nn_on * _),to the sum of Twenty Five Thousand No/100** Dollars($ 25.000.00:• ). 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 date shall not exceed the sum of Elght Hundred Fourteen Thousand l=ive Hundred No/100**(Performance Only) Dollars($ ,814.500.00`1*_ ), or for any loss occurring subsequent to said date shall not exceed the sum of Twenty Five Thousand No/100" Dollars($,25.000.00** ). In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it being the intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATED this 6th day of June,2005 Accept By: Shapell Industries of Northern California,a Division Courtv Oftra Cta of'Shepeli°in ustries, Inc., a Delaware Corp, _ A (Principal) 0 By _ By (Seat) ENTA SEC. lk-� By - 171C RVQ (Seal) R©$E 'T D. NMOORE , ASST. VP National Eire Insurance Company of Hartford Form F4783 By (Seal) Gln Shea W llttoroey-in Fact CALIFORNIA ALL PROSE ACKNOWLEDGMENT State of California County of Santa Clara On June 7, 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. `> JANICE T.KRUSE - WITNESS my hand and official seal. i5mComission# 1318697Notary Public-California Santa Clara County wComm.ExplresAug2a,2€M Signature of Notary Public Optional Information Title or Type of Document: Decrease Rider-Tract 7984 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries,Inc. 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 Pennsylvaniacorporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State oflllinoi&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 seats to be hereto affixed on this 21st day of March,2005. qtr Continental Casualty Company National Fire Insurance Company of Hartford o ►*e �t + r American Casualty Company of Reading,Pennsylvania ��1' 1897 Michael Gengler Se-117 r Vice President State of Illinois,County of Cook,ss: On this 21st day of March,2005,before me personally came 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 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. O fli UU SFAI. itJZA MACE � I rt�xrwv r�r�ae,nA>*a wr oorw,wrtipr�,�uwns�os My Commission Expires September 17,2005 Eliza Price V 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 Directors of the corporations printed}rghe reverse hereof is still linin force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this E day of jum Continental Casualty Company f r0 4% National Fire Insurance Company of Hartford 0W00Ar# 4�go American Casualty Company of Reading,Pennsylvania �J sem. � t. 189► Mary A.RikaQkis Assistant Secretary Form F6853-11/20U ' 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-un-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 toattach 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 bythe Board of Directors of the Company at a meeting duly called and held on the 171h 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 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 fait 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 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 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 pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary"oran 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 Compatty." ADOPTED BY T14E'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 tike 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-m-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, 2993. "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 Angeles OnJune 6,2005 before rne. Sandy Hanner-Notary Public Dat+ NAME. TITLE OF OFFICER.. 'JANE DOE. NOTARY PUBLIC' personally appeared Gina O'Shea NAMES)OF SIGNER(S) (x) personally known to me-OR- (—) proved to me on the basis of satisfactory evidence to be the person(s)whose name(&) is/** subscribed to the within instrument and acknowledged to me that he/she/*"executed the same In*ftlherl**r authorized capacity0es), and that by kiWherlttt t signature(s)on the instrument the person(f), or the en"Z$ an behalf of which tate person(s) acted, executed the instrument; WITNEd and I seal. SANDY'HANNER Commission a 1362157 SIGNATURE OF NOTARY:. Notary Public-Cellforrila Los Angeles County My Comm.6pires Jul 2,2{tttti ©PTIONAL 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 (......j INDIVIDUAL ( j CORPORATE OFFICER' TITLE(S) TITLE OR TYPE OF DOCUMENT (.. .} PARTNER(S) (. _} UMITED GENERAL (-A-) ATTORNEY-IN-FACT NUMBER OF PAGES {�) TRUSTEE($) (..._j GUARDIAN/CONSERVATOR {_.. ) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITY(IES) Watinnal Fire Imilranc_COM at v of Hartford SIGNER(5) OTHER THAN NAMED ABOVE' 0.107426•8' MICE In accordancewith 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 (collsetively 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 PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). T IN PAYMENT OF TERRORISM The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F731Q