HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-491 CONTRA COSTA Cc Recorder Off ice
Recorded at the STERN L. WEIR Clerk-Recorder
Contra Costa County
request of: DOC— 20000'290277-r00
Board of Supervisors Wodnosday,, AUG 03, 2005 11:33:24
Return to: FRE ;x$.00
Public Works Department TL l Pd $@,N Nir-ON2t 29439
Engineering Services Division
L rc/RS/1—'.10
THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY,CALIFORNIA
Adopted this Resolution on August 2,2005,by the following vote;
AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UIUU MA'
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RS{�►I,.UTIC�N NO.���! 491
SUBJECT: Accepting completion of improvements..for Subdivision Agreement(Right-of-Way
Landscaping)on Bollinger Canyon Road for Road Acceptance RA 00-01105(cross-
reference Subdivision 95-07984)San Ramon(Dougherty Valley)area. (district III)
The Public Works Director has notified this Board that the Right-of-Way Landscaping
improvements on Road Acceptance RA 00-01105 have been completed as provided in the
Subdivision Agreement(Right-of-Way Landscaping)with Shapell Industries of Northern California,
heretoforeapproved by this Board in conjunction with the filing of the Subdivision Map.
SG:rm
G:\GrpData\EngSvc\BOt2005\08-02\RA 00.41105 BO-45.doc
Originator- Public Works(ES) ' I hereby certify that this is a true and correct copy of an
Contact. Teri Ric completed
by COB 363
Recording to be completed action 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: AUGUST 02, 2005
100 North Milpitas Blvd. '
Milpitas,CA 95035 JOHN SWEETEN, Clerk''of the Board of Supervisors and
Attn:H.Queyrel and J.Gold County Administrator
National Fire insurance Company of Hartford
2.1650 Oxnard Street,#6004
Woodland Hills,CA 91367
City of San Ramon
Attn:Chris Low By ,�— ,Deputy
3180 Crow Canyon Pi.,Ste 144
San Ramon,CA 44583
RESOLUTION NO.2Uo5/ ,491
SUBJECT: Accepting completion of improvements for Subdivision Agreement(Right-of-Way
Landscaping)on Bollinger Canyon Roadfor Road Acceptance RA 00-01105(cross-
reference Subdivision 95-07984)San Ramon(Dougherty Valley)area.(District III)
DATE: August 2, 2005
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of August 2,2005 thereby establishing the six-month terminal period forthe filing of liens incase
of action under said Right-of-'Way Landscaping Agreement:
DATE OF AGREEMENT NAME OF BAN /SURETY
September 17, 2002 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment (labor and materials) surety for$331,000.00,
Bond No.929247991 issued by the:above surety be RETAINED for the six month lien guarantee
period until November 24,2005,at which time the Clerk ofthe Board is AUTHORIZED to release
the surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that the flight-of-Way Landscaping improvements on Road
Acceptance RA 00-01105 are ACCEPTED AS COMPLETE. Upon completion of the 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$6,600.00 cash deposit(Auditor's Deposit Permit No. 391840,dated
August 22, 2002) made by Shapell Industries of Northern California and the
performancelmaintenance bond rider for$98,325`.00,Bond No.929247991'issued by National Fire
Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of
the Ordinance Code until release by this Board.
RESOLUTION NO. 2005/491
SIMETY
RA-1105,Gale Ranch 11,XREF SUB 7984 Bollinger Canyon Road
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 929 247 991 issued by the
National Fire Insurance Company of Hartford as
Surety,on behalf of Shapell Industries of Northern California,a Division of Shaoell industries,Inc. of
Milpitas, CA hereinafter referred
to as the Principal,and in favor of County of Contra'Costa
of Martinez, CA hereinafter
referred to as the Obligee, effective the _ 14th day of August 2002
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 6th day of April 2005 and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby **DEGREASED** from the sum of
Six Hundred Fifty Five Thousand Five'Hundred and Not100*' Dollars($,655.500.00** ) to the
sum of'Ninety Eight Thousand Three Hundred Twenty Five and Noll 00" Dollars($96;525.00**
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the
attached bond,the aggregate liability of the Surety for any lass occurring prior to said date shall not exceed the
sum of Six Hundred Fifty Five;Thousand Five Hundred and No/100"" Dollars($ 655,500.00*" j
or for any loss occurring subsequent to said date shall not exceed the sum of
Ninety Eight Thousand Three Hundred Twenty Five and Not100*.* Dollars($9$,325.00** }
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 clay of April, 2005
Accepted ey. Shapell Industries of Northern California, a Division
County of Co sta of Shapell'Industries, Inc.
t rincipal)
6Y By (Seal)
E b. O�S'STV.P.
BY - (Seal)
N' COXi., ASSN'. SEC.
National a Insurance Company Hartford
Form F4763 y /
)(Sur ` )
B�._ Z2 / b Y/� i (Seal)
Pamela L. Stocks /Attorney--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 officesin 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 Fall,Sandra V Danner,Gina.O'Shea Individually
of Sherman Oaks,CA,their true and lawful Attcmey(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'ofsaid 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 CLIA 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;
ti�� tam Continental Casualty Company
` National Fire Instu-ance Company of Hartford
American Casualty Company of Reading,Pennsylvania
u SEAL L a►
111x:71
Michael Gengler Se , r Vice President
State of Illinois,County of Cools,ss:
On this°16th day of April,2004,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,rational
Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reding,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 ••'
ELEZA PRICE
IiCT'ARVHMt7L'.17A#RaF WiOK
!IY i791iNp1011 Atl'MMLtl:Orit7'1�/
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 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 naive and affixed the seal of the said corporations this
6th day of April 2005
y,C,>•ssW4 & Continental Casualty Company
IV National Fire Insurance Company of Hartford
' ta American Casualty Company of Reading,Pennsylvania
SEAL )Uvr 11.
1a$7 i
Form F6853-11/2001 Mary A.Rtikai@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 ofthe
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,shallhave 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 hell on the 17`6'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 uncertaking''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 adoptedby 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 actin 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 Cotr>Itany.thereto. The President or pry 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 heli on the 17`x'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 Z 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 end 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 hind 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 17m 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
d pursuant to the Resolution adopted by this Hoard of Directors on February 17,
Corporation may be affixed by facsimile on any power of attorney grante
1193 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation maybe affixed by facsimile to any c6m icate 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 April 6,2005 before me. Sandy Ha,nner-Notary Public
Oat* WZI~. TITLE OF OFFICER., JANE DOE,NOTARY PUBLIC"
personally appeared Pamela L.Stocks
NAME(S)OF SIGNEA(S)
(-L?personally known to me-OR-(.,.. )proved to me on the basis of satisfactory evidence to be
the personfx) whose name(*) ishm subscribed its the within instrument and acknowledged to me that
ko/sheltbft executed the owe in /her/**authorized capacity ).and that by iar herlWAW
signature(s)on the instrument tht3 person(+), or the entity Unon behalf of which the person(s) acted,
executed the instrument.
SANdY HANNEt WiTNE3 my hand a t seal.
Commission#1362157
rr . Notary P c-Calfpn"
Los Ani County Sft3NA UFtE tai=NOTARY
OPTMAI.
Though the data below is not naquired 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
MVIDUAL
(-- ' CORPORATE OFFICER
TITLES) TITLE OR TYPE OF DOCUMENT
{ �.) GENERAL;
(.Z.)'ArrORNEY IN-FACT NUM13ER OF PAGES
() TRUSTEE(S)'
GUARDIAN/CONSERVATOR
(_...) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) 401 ENTITY(IES)
blational Flrp insuranrp Q=Qany of artford _
SIGNEA(S)OTHER THAN NAMED ASovE
t3-�ar�2s•t3
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 (cnllartively 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.
IECLOS )?ME OF FRRUBMI yr
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($6.00).
12169CL03-TME OF EMERAL PARTICIPATION IN PAY-MNT.OF-MRRORISM
The United States will pay ninety percent (9O%) of covered terrorism losses exceeding
the applicable surety/insurer deductible,
Fmm F7310
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
>` State of California
County of Santa Clara
On April 7, 2405,before me,Janice T. Kruse,Notary Public personally appeared >f
Robert D.Moore and Ken Cote known to me to be the persons whosename 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 c
1
JANICE T.KRUSE
< SbIESS my hand and official seal.
� Comrrrisston# 131$697 »
>5 *MyComm.FXphesAug24i2W51
Notary Pic-CaliforniaSanta Clara County/ Signature of Notary Public
Optional Information �s
Title or Type of Document: IncreaslMeerease Rider Gale Rauch 1105,Tract
>'< 7984
s
Capacity Claimed by Signer: Assis�e President and Assistant'Secretary of
Shy Industries,Inc,
NOTICE
In accordance with the Terrorism Risk Insurance Act of 2002, we ars 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 (collectively the "Writing Companies") as surety
or insurer:Western SuretyCompany,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.
D3 3C7 f 5111E OF-PREMITIM
The premium attributable to coverage for terrorist acts certified'under the Act was
Zero Dollars ($0.00).
ATION. NPAY -2 F 1VI
MEN
RI
The United States will pay ninety percent (90%) of covered terrorism losses exceeding;
the applicable surety/insurer deductible.
Pam F7310
t