HomeMy WebLinkAboutMINUTES - 04152003 - C13 r
. CONTRA COSTA Co Record;r Office
STEPHEN L,
3
WEIR Clea
qRecorder
DOC- 200'3==017468@lnllle00
Recorded at the request of:Contra Costa County Wednesda Y, APR 16, 2003 12:06:23
Board of Supervisors FRE $0.00
Return to: Tt j Pd A'Public Works Departmen $oleo
Nbr=0001432734
Engineering Services Division 1 r c/R S/1—3
Records Section
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 15,2003, by the following vote:
AYES: SUPERVISORS GIOIA, UILKE4iA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
D I STR I CT III SEAT VACANT RESOLUTION NO. 2003/ 234
SUBJECT: Correction of Errors Authorizing Acceptance of Subdivision Agreement (Right of
Way Landscaping)for SUB 8132, San Ramon(Dougherty Valley)area. (District III)
On the recommendation of the Public Works Director,IT IS BY THE BOARD RESOLVED
that a portion of the Subdivision Agreement (Right-of-Way Landscaping) for SUB 8132, in
agreement with Shapell Industries of Northern California, accepting completion of improvements,
Resolution No.2003/91 approved by the Board of Supervisors on February 11,2003 be corrected as
follows:
JG:rm
I hereby certify that this is a true and correct copy of an
G:\GrpData\EngSvc\BO\2003\4-15-03\Sub 8132 BO.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Supervisors on the date shown.
Contact: Teri Rie(313-2363)
cc: Public Works -Tax I.D.952578030,Accounting
Recorder(via Clerk),then PW Engineering Services ri 1 15 2003
T-3-18-03 ATTESTED: a F ,
Shapell Industries of No.CA JOHN SWEETEN, Clerk of the Board of Supervisors
Sam Worden&Steve Savage
P.O.Box 361169 and County Administrator
Milpitas,CA 95035
American Casualty Company of Reading,PA.
5820 Canoga Ave.,Suite 200
Woodland Hills,CA 91367 B Deputy
City of San Ramon y p y
Joye Fukuda
2222 Camino Ramon
San Ramon,CA 94583
RESOLUTION NO.2003/ 234
SUBJECT: Correction of Errors Authorizing Acceptance of Subdivision Agreement (Right of
Way Landscaping)for SUB 8132, San Ramon(Dougherty Valley)area. (District HI)
DATE: April 15, 2003
PAGE: 2
As Approved:
BE IT FURTHER RESOLVED the payment(labor and materials) surety for$841,100.00,
Bond No. 929097479 issued by the above surety be RETAINED for the six month lien guarantee
period until August 11,2003,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 beginning of the warranty period is hereby
established,and the$16,800.00 cash deposit(Auditor's Deposit Permit No.337456,dated September
75 1999)made by Shapell Industries of Northern California and the performance/maintenance surety
bond rider for $37,695.00, Bond Number 929097488 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.
As Corrected:
BE IT FURTHER RESOLVED the payment (labor and materials) surety for$126,900.00,
Bond No. 929097488 issued by the above surety be RETAINED for the six month lien guarantee
period until August 11,2003,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 beginning of the warranty period is hereby
established,and the$2,500.00 cash deposit(Auditor's Deposit Permit No. 337456,dated September
75 1999)made by Shapell Industries of Northern California and the performance/maintenance surety
bond and rider for $37,695.00, Bond No. 929097488 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.
THEREFORE BE IT RESOLVED.
RESOLUTION NO. 2003/234
C"o
CONTRA COSTA Co Recorder Office
STEPHEN L. WEIR, Clerk-Recorder
Recorded at the request of: DOCS. 2003-0067355-00
Contra Costa County
Board of Supervisors Wodnesday, FEB 12, 2003 11:03:18
Return to: FRE $0.09
Public Works Department Tt I Pd $Is@@ Nbr-868 1314686
Engineering Services DivisionIrc/RS/1-7
Records Section
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 11, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: SUPERVISOR DONNA GERBER
ABSTAIN.* NONE
RESOLUTION NO. 2003/ 91
SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement
for Subdivision 8132,,'San Ramon(Dougherty Valley)area. (District M)
The Public Works Director has notified this Board that the improvements (Right-of-Way
Landscaping)on Lilac Ridge Road,Sweetgale Drive,Aspenwood Court,Danny Court,Commodore
Court and Caraway Court in Subdivision 8132 have been completed as provided in the Subdivision
(Right-of-Way Landscaping)Agreement with Shapell Industries ofNorthern California,heretofore
approved by this Board in conjunction with the filing of the Subdivision Map.
JG:cw
G:1GrpData\EngSvc\BO\2003\2-11-031SUB 8132 BO-45.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an action taken
Contact: Teri Ric(313-2363) and entered on the minutes of the Board of Supervisors on the date
cc: Public Works -Tax I.D.952578030,Accounting shown.
Recorder(via then PW Engineering Services
T—3-18-03
Shapell Industries of No.CA A 1"I STED: FEBRUARY 11 2003
Sam Worden&Steve Savage JOHN SWEETEN,Clerk of the Board of Supervisors and County
P.O.Box 361169 Administrator
Milpitas,CA 95035
American Casualty Company of Reading,PA.
5820 Canoga Ave.,Suite 200
Woodland Hills,CA 91367 By Deputy
City of San Ramon /00'
Joye Fukuda
2222 Camino Ramon
San Ramon,CA 94583
RESOLUTION NO,2003/ 91
1
•
CVAsuRE77 Executed in Triplicate
Subdivision 8132 XREF 7796
Increase-Decrease Rider
TO BE ATTACHED TO and form pad of Bond Number 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 Wor of County of Contra Costa
of Martinez,CA
■
hereinafter referred to as the Obligee,effecWe the
31 st. day of.,
A9,99st, 1999
IN CONSIDERA11ON of the premium charged for the attached bond and o0w good and valuable corieldemoon it is
understood and agreed that eftcbve the I St day of « October 2002.1 and subjed to all the terms
r
conditons and Mitnuons of the aftw*ed bond,the penal sum thereof shall be and the same Is hereby decreased
from"sum of Two Hundred Fifly One Thousand Three Hundred NOM 00 (Performance Only)
DoNars .0
toe sum ofThi„, Seven Thousand Six Hundred Nine Five NO/1 00 (Performance Only) ,
E)Opam($371625,00
IT IS FURTHER UNDERSTOOD and agreed that subject to all the term, condl0ons and Imitations of the attached bond,
the aggWate NoWNOT the Surety for ivq loss occun to said date shat not exceed the IuM of
Two Hundred Fi Y One Thousand Three Hun red NO/1 00 (Pefformance Only)
000wo.-.QM.vWWMWoW v0000nw. owwo a 9 Dolkim
or 1brbse an #is M n to said date shall not exceed the sum of
Thirtyy
Seven Thousand Six Hundred Ninety Five NO/100 (Performance C)nivl Dollars 7 9 6 of
In no event however,shall the Ovaus NabW of the Surety the larger of the aforementioned sums, It being the
Inert hereof to Preclude cumulative llabdity.
SIGNED,SEALED AND DATED this 3rd .day c)f September- 0OZ.
Accepted By:
Shapell Industries of Northern California,
County of Contra Costa a Division of Shapell Industries, Inc.
• {seal)
!!!Kalty Company of Reading,PA
reV)
94, (Seal)
SUR-23169-D Panixela L. Stocks Aftmey-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.Stocks,Beverly A.Hall,Sandra V.Hanner,Individuallyl Individually
Of Sherman Oaks,California
their true and lawful Attorney(s)4n-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
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 Vice President and their corporate seals to
be hereto affixed on this 25th day of June,2002.
ooiilllllllliiillliilIIIIIIIIIIIIIIIIII
Continental Casualty Company
National Fire Insurance Company of Hartford
O ARY 11. American.Casuafty Company of Reading,Pennsylvania
SEAL
109.1
Michael Gengler Group Vice President
State of Illinois,County of Cook,ss:
On this 25th day of June,-'2002,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 Group 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 1""r ons;
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'
DIANE FAULKNER oe
Notary Wic,Sta%of Illinois
My Cominh=*011 Expires 9/17/05
r*-F PIS-00�a-ap M most db M_'& a 0
My Commission Expires September 17;2005 Diane Faulkner 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 name and affixed the seal of
the said corporations this 3 rd,_,,,_day of S=tahex a.�,2+0�-
`" ,� Continental Casualty Company
National Fire Insurance Company of Hartford
A American Casualty Company of Reading,Pennsylvania
AXY 31,
SEAL
Mary A.Ribikawskis Assistant Secretary
(Rev.10/11/01)
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 1X—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 attomeys-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 attomeys-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 thereto.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 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 17th 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 VP--Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attomey-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 attomeys-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 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 17th 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,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-Fad,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 17th 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 seat 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
On - September 3. 200-2 before me, Sandy 11anner - Notary Pub ic
Date NAME,TITLE OF OFFICER., JANE DOE.NOTARY PUBLIC"
personally-appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
(2S-) personally known.to me-OR-(.-) proved to me on the basis of satisfactory evidence to be
the persona} whose name(#is/Ammubscribed to the within instrument and acknowledged to me that
MisheAbe*executed the same in kdw/her/l-WC authorized capacityow;� and that by XWher/WW
signature(a) on the instrument the person(&),, or the entity upon behalf of which the person(s) acted,
executed the instrument.
SANDY MANNER
WITNE my hand and seal.
Commission#13621 ST Ymy
law* Notary Public-Cali OMW I
Los Angeles County §IGNATI)RE OF NOTARY
My Comm.Exon Jul-2,Z UC Owl
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 BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
{.,_._.} INDIVIDUAL
{.,._..} CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) --I LIMITED
GENERAL
NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON( OR ENTITY(IES)
IS
American Casualty 8ompany
of Reading,Pennsylvania SIGNER(S)OTHER THAN NAMED ABOVE
G-1074me
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
02,
On before me,
LNwne and T09 of OMm(e.g.,"Jane Doq,.WaL3qL2ubk*
personally appeared .-7]�-,-C --v-RA�e---Rn�-1'f`�'& �—
Nw*s)d SWif0s)
,Xpersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(arwhose nameA4 is/ate
subscribed to the within instrument and
acknowledged to me that helsheAh"executed
the same in his/heMheir- authorized
JANICE T KRUSE capacity(4es�,, and that by his/heTMW
Cornrnhwion#1318697 signatureWon the instrument the person(;or
V-
Ndary Public-California
l
Z the entity upon behalf of which the person
Santa Clam County acted,
My Conm EA*99 Aug 241 2005 acted,executed the instrument.
-low-
TNESS my hand and official seal.
,k-.
Som of Nc*"Pubic
OPTIONAL
Though the intomaWn below is not reqWmd by law,ft may prove rahnNe to persons relying on the documeW and wuld prevent
fraudUIOW removal and maffachment of M form to arwdw cbmment.
Description of Attached Document otc
R . ...
Title or Type of Document: >kAk= --T
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer
Signer's Name: RiGFT TnIMBPR
OF SIGNER
0 Ind* 0 ual Top at vxxnb hwe
rporate Officer—Title(s):
4�2r M01
0 Partner—Cllimited OGeneral
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other.
Signer Is Representing-'��
0 1998 N"OnW Notary A&vXjabW-mw N Sow Ave.,P.0 Eft 24M•CtwftwwV%,CA 91313-2402 -Org Prod.No.5907 PAxxdw-.Cal ToN-Free 1-8004r/6-6827