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HomeMy WebLinkAboutMINUTES - 04012003 - C6 IIII III III I III II II IIII I III IIIA I III I III!I IIIII III Recorded o5mCounty �f` CONTRA COSTA Cc Recorder Office Board of Supervisors STEPHEN L, WEIR Clerk-Recorder Return to Public W: Pubticarks Department DOC— 200 -0148570-00 W Engineering Services Division Tuesday, APR 01, 2003 13:52:06 FRE $0.00 Tt I Pd $0.00 Nbr-0001403836 Irc/R9/1-i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 1, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 2003/ 205 SUBJECT: Accept Completion of Improvements for SUB 8135 (Right-of--Way Landscaping), San Ramon(Dougherty Valley) area. District III The Public Works Director has notified this Board that the improvements in Subdivision 8135 (Right-of-Way Landscaping)have been completed as provided in the Subdivision Agreement with Shapell Industries of Northern California heretofore approved by this Board in conjunction with the fling of the Subdivision Map. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. JG:cw G:\GrpData\EngSvc\BO\2003\4-01-03\SUB 8135 BO-45 DV.doc Originator: Public Works(ES) ATTESTED: APRIL 01, 2003 Confect: Teri Rie(3 i3-2363) -- cc: Public Works-Tax I.D.952578030,Accounting JOHN SWEETEN,Clerk of the Board of Supervisors and Recorder(via clerk),then PW Engineering Services County Administrator City of San Ranson Joye Fukuda 2222 Cantina Rarnon4 San Raman,CA 94583r Shapell Industries of No.CA By-- ` Deputy Jim Gold,Sam Worden&Steve Savage P.O.Box 361169 Milpitas,CA 95035 RESOLUTION NO. 2003/ 205 SUBJECT: Accept Completion of Improvements for SUB 8135 (Right-of-Way Landscaping), San Ramon(Dougherty Valley) area. District III DATE: April 1, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of April 1,2003,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 September 21, 1999 American Casualty Co. of Reading, PA BE IT FURTHER RESOLVED the payment(labor and materials) surety for$450,000.00, Bond No 929097485 issued by the above surety be RETAINED for the six month lien guarantee period until November 1,2003, 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 Right-of-Way Landscaping improvements in Subdivision 8135 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 $9,000.00 cash deposit (Auditor's Deposit Permit No. 337456, dated September 7, 1999) made by Shapell Industries of Northern California and the performance/maintenance surety bond rider for $133,665.00, Bond No. 929097485 issued by American Casualty Co. of Reading, PA be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 200.3/205 Executed In Triplicate RE Tract 8135 increase-Decrease aider The Bridges @ Gale Ranch-Glen Bridge To BE ATTACHED TO and form part of Bond Number 929 097 485 _. issued by the American Casualty Company of Reading, PA as Surety,on behalf of Sha ll Industries of Northern California of Milpitas, CA hereinafter referred to as the Principal,and in favor of Count of Centra Costa Of, Martinez, CA _ _..._. ..-..... . .. �,,... .,_ , .. ,...___.,.... . .. ._. .,.. .. hereinafter referred to as the Obllgee,effective the day of. _ ..,..6V901,1 9 IN CONSIDERATION of the premium charged for the attached band and outer good and valuable consideration it is understood and agreed that effective the___ .30th day of . [december,2002 ,and subject to all the terms, condilons arod limitations of the attached bond,the penal sum thereof shag be and the same Is hereby decreased front th9 stern of Eight Hundred Ninety One Thousand One Hundred no/100 „ __.. ....� . Dollars{ $891,10Q.gQ__—} to the sum of ODe..Hupdre iThirlu Three ThQijsand Six Hundred Sixty Flyp no/11D0 Dollars{$133.665.00 ). IT IS FURTHER UNDERSTOOD and agreed that subject to all tits terms, conditions and iirnitawns of the attached bond, the ate Viability of#te Surety fora loss occurring prior to said nate shall not exceed the sum of Ei Hundred Ninety One Thousand One Hundred no/100 Dolt m{X891.100.00 ) or for an�I .. ',g su tient to said date shalt not sax ad a hum of One ore ee Thousand S i c red � no/-Lliars( � _c .., In no+avant, however,she#the aggregate liabliity of the Surety exceed the larger of the afommentloned sums, it being the Intent hereof to preclude cumulative liability. SIGNED,SMED AND DATED this 30th day& December,2002 Accepted By: County of tra Cost Shapell Industries of Northern California (Principal) S (peal) G `fru A sualty Company of Reading, PA r (Surety) B 40 (Seal) Stift-23169-D Framela L. Stocks Attorney-In-fact Mate of CALIFORNIA County of LOS ANGELES On December 30, 2002 before me, Sandy fla.nner Notary Public Date NAME, TITLE OF OFFICER.,"JANE DOE.NOTARY PUSLIC" personally appeared Pamela L. Stacks NAME(S)of SIGNER(S) ( } personally known to me–OR-- (—) proved to me on the basis of satisfactory evidence to be the person(a) whose name(; ishtNKsubscribed to the within instrument and acknowledged to me that k*sheljbW executed the same in hWheritak authorized capacity and that by Wher/WW signature(mI) on the instrument the person(), or the entity upon behalf of which the persona} acted, executed the instrument. „ SANDY KANNERWITNE my hand and o ial seal. OMyCommission III 1362157 Notary Pub0c-CsftrniaLos Angeles CountyS!G A7t1AE OF NaTARY Comm.Expires Ju12,2#tAd OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT {} INDIVIDUAL ._._.) CORPORATE{OFFICER TITLE($) TITLE OR TYPE OF DOCUMENT PARTNER($) (. ) LIMITED GENERAL ( } ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE($) GUARDIANICONSERVATOR { } OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PRSCN(SMany ENTITY(IES)American Casualty of Reading Pennsylvania SIGNER(S)OTHER THAN NAMED ABOVE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(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,Individually Of Sherman Oaks,California 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 at 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 3rd clay of August,2001. a t Continental Casualty Company a National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania SEAL State of Illinois,County of Cook,as: Michael Gengler Group Vice President On this 3rd day of August,2001,before me personally came Michael Gengier 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 Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described In and which executed the above instrument;that he knows the seals of sold 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. iiiiii•fiiiiiii•ii ii•iNi/i; ii• "Off=AL tiAl.` a i DIAW F"WIER NeftwlOk_440 SWAM • My Gr mmission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify first the BY-Law and Resolution of the Board of Directors of the oorporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subsaibed my name and affixed the seal of the said corporations this— 3a day of Continental Casualty Company art National Fire Insurance Company of Hartford • Yb American Casualty Company of Reading,Pennsylvania TH. BEputt, 1497 (Rev. 1123f01) Wary A.Ribikawskis 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 duty adopted by the Board of Directors of the Company. "Article IX­Executton 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-#act 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 to attach the seat 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 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 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 1X of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seat 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 band 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 RANG,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 Vl­— + udon of Obligations and Appointment of Aftorney-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 stature.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 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 Resoiutlon 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 Present or any Executive,Senior or Group Vice President and the seat of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-t awe,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,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 iimltations set forth In their respective certificates of authority,shall have full power to bind the motion 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 Att omey in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the followft 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 Presktent,an Executive Vice President or any Senior or Group Vice President arra 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 paver or certificate bearing such facsimile signature and seat 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." _.................. .................... .... ..... .... . _....... - ............................................................................................................................................................................................................................................................................................................................ ................................................................................................... ......................... _ _ _.. .......... ............................................................................................ _.. . _ _ _ _ _.. ..... .......................... .._.. __ __ __ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT GENT State of Califo is ss. County of r �- Cfi � v before me, pate �' Name and Ttta of otftcer(e.g.,"Jane Doe,Nota P personally appeared .�_ �.�w l Name(s)of S treris) ��onally known to me © proved to me on the basis of satisfactory evidence to be the person aj whose nameK is/ere- subscribed to the within instrument and ... .r�wr. .,. acknowledged to me that he/aheffl�executed BICE TE� the same in h1sthwfA4eir authorized _ Commission#11318897 capacity fk*, and that by his/heft`hotr Notary Public-California signature(o on the instrument the persono,or Santa Clara county r the entity upon behalf of which the personJ6 IAyGorrirrcF0sl Aug24,2W5 acted, executed the instrument. lTNESS my hand a fa seal. Signature of Notary Public ICON Though the information betow is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description sof Attached Document Tale or Type of Document: C S�-�JCC� R � K [Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: 1pdivldual Top of thumb he"M Corporate Officer—Ttle(s): a Partner---❑Urnited Cl General 0 Attomey-in-Fact 0 Trustee El Guardian or Conservator El Other Signer is Representing: CNC. r- 0 1999 NaSonal Notary Association•9350 Do Soto Ave.,?0.Bou 2402•amtawadh,CA 91918.2402.www.netNonatnotwy.o% Prod.N0.5907 Reorder:CM T -Free t-800.876-U27