HomeMy WebLinkAboutMINUTES - 06082004 - C21 CONTRA COSTA Cc Recorder Office •
Recarder
ecorded
Costa the
eounty est of: STEPHEN DOC L, WEIR 20041erk
0219552-00
Board of supervisors
Return to: Wednesday, JUN 09, 2004 10:38:37
Public Works Department FRE $e.90
Engineering Services Division Tt 1 Pd $0,00 Nbr-0002176347
Irc/R9/1-8
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on June 8, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 300
SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement
on Velvetleaf Circle for Subdivision 8255, San Ramon (Dougherty Valley) area.
(District III)
The Public Works Director has notified this Board that the Right-of-Way Landscaping
improvements in Subdivision 8255 have been completed as provided in the Subdivision Agreement
with Shapell Industries of Northern California, heretofore approved by this Board in conjunction
with the filing of the Subdivision Map.
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G:\GrpData\EngSvc\BO\2004\0608-04\SD 8255 BO-45.doe
Originator: Public Works(ES)
Contact: Teri Rie(313-2363)
Recording to be completed by COB
I.D.95-2578030 I hereby certify that this is a true and correct copy of an
cc: Public Works -T.Bell,Construction Div.
Shapell Industries of Northern California action taken and entered on the minutes of the Board of
100 North Milpitas Blvd. Supervisors on the date shown.
Milpitas,CA 95035
Attn:S.Savage,S.Worden,&J.Gold
American Casualty of Reading,PA ATTESTED: JUNE 08, 2004
5820 Canoga Ave.,Suite 200
Woodland Hills,CA 91367 JOHN SWEETEN, Clerk of the Board of Supervisors and
City of San Ramon County Administrator
Attn:Chris Low
3180 Crow Canyon Pl.,Ste 140
San Ramon,CA 94583
By ,Deputy
RESOLUTION NO.2004/ 300
SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement
for Subdivision 8255, San Ramon(Dougherty Valley) area. (District III)
DATE: June 8, 2004
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of June 8,2004 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 of Reading, PA
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $53,700.00,
Bond No. 9.29097486 issued by the above surety be RETAINED for the six month lien guarantee
period until December 8, 2004, 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 8255 are ACCEPTED AS COMPLETE. Upon completion of the one-year 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$1,100.00 cash deposit(Auditor's Deposit Permit No.337456,dated
September 7, 1999) made by Shapell Industries of Northern California and the
performance/maintenance bond rider for $15,930.00, Bond No. 929097486 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.
RESOLUTION NO. 2004/300
Executed in Triplicate
Bridges at Gale Ranch,Tract 8255
CWA :
uREry
Increase-Decrease Rider
TO BE ATTACHED TO and form part of Bond Number 929 097 486 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 favor of County of Contra Costa
of Martinez CA
hereinafter referred to as the Obligee,effective the
31st day of August, 1999.
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideraE n it is
understood and agreed that effective the 15th day of May-,--, 2004 and subject to alit the terms,
conditions and lirnitabons of the attached bond,the penal sum thereof shall be and the same is hereby decreased
from the sura of One Hundred Six Thousand Two Hundred No/100***
Dollars($106.200.00*** )
to the sum of Fifteen Thousand Nine Hundred Thirty No/100***
,Dollars($1 x•93 t)0*** )
IT IS FURTHER UNDERSTOOD and agreed that subject to oil the terms, condition$and limitations of the attached bond,
the aggregate liability of the Surety for an loss occurring prior to said date,shell not exceed the sum of
One Hundred Six Thousand Two any
No/ 00'
Doliars{".106x200.00*** }
or for any€ass occurrin��subsequent to said date shall not exceed the sum of
Fifteen Thousand Mine Hundred Thi No/100*** Dollars 015,930.00*** )
In no event,however,shall the aggregate liability cf the Surety exceed the larger of the aforementioned sums, it being the
Intent hereof to preclude cumulative liaaility.
SIGNED,SEALED AND DATED this 19th day of _--May, 2004
Accepted By:
Shapell Industries of Northern California, a Division of
County of Contra Costa Shapell Industries, Inc.
(Prin al)
RIE A. COOK, ASST. V.P.
13
KEN COX, ASST. SFC.
American Casualty Company of Reading, PA
(S ety)
g ' (Seal)
Pamela L. Stacks Attamey-in-fact
SUR-23189-D
POWER OF ATTOko4EY APPOINTING INDIVIDUAL Ak ORNEY-IN-FACT
Knew 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 duty 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 Hail Sandra V.Harmer 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 aft 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 Wftereof,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 day of August,2001.
1a
, Continental Fir Casualty Company
National Fire insurance Company of Hartford
cow. American Casualty Company of Reading,Pennsylvania
SEAL
1tlL 1.
Michael Gengler Group Vice President
State of Illinois. County of Cook,ss:
On this 3rd day of August,2001,before me personally came Michael Gengler to me known,who,being by me duly swam,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 said corporations,that the seats 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.
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My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A. Riblkawskis,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 stili 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 19th day of
ny 200
WDt
t!M" °' Continental Casualty Company
National Fire Insuranoe Company of Hartford
American Casualty Company of Reading,Pennsylvania
RRY 31,
Mary A.Rlbikawskis Assistant Secretary
(Rev. 1123101)
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 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 arrd 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 VI—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 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 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 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 of
Directors of the Company at a meeting duly called and heli 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 Vl 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 itis
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 executicin of policies of insurance,
bands,undertakings and other obligatory Instruments of Ike 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 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 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
On May 19, 2004 before me, Sandy Banner - Notary Public
Date NAME, TITLE OF OFFICER,. "JANE DOE. NOTARY PUBLIC-
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
( x. ) personally known to me - OR -- (—) proved to me on the basis of satisfactory evidence to be
the person(g) whose name(4 is/zm aubscribed to the within instrument and acknowledged to me that
ittsheJ*W executed the same in hdmther/tolir authorized capacity(iiaia„ and that by Wher/#W
signature(s)on the instrument the person(g), or the entity upon behalf of which the person(31 acted,
executed the instrument.
WITNE S my
�ha�n�y,
clal seal.SANC # 2
Canmission1362#51
4My
Notary Public-Cellft"is St TURF OF NOTARY
Los Angelft Courdy'Comm.Expires Jul 2,2006
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) ( .} LIMITED
(�} GENERAL
( } ATTORNEY-1N-FACT NUMBER OF PAGES
(_ P)
TRUSTEE(S)
GUARDIANXONSERVATOR
(�) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONS OR ENTITY(IES)
American Casualty Company
of Reading,Pennsylvania SIGNER(S)OTHER THAN NAMED ABOVE
0.107426.8
NOTICE
In, accordance with 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 fallowing companies (collectivvefly 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 Firdmen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
nx LOSURE OF
The premium attributable to coverage far terrorist acts certified under the Act was
Zero Dollars ($0.00).
SQWgDLE R e
E
The United"Mates will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
? State of California
County of Santa Clara
On May 20, 2004, before me, Janice T. Kruse, Notary Public personally appeared,
Marie A. Cook& Ken Cox.personally known to me to be the persons whose names are r�
subscribed to the within instrument and acknowledged to me that they executed the same �s
in their authorized capacity, and that by their signature on the instrument the persons, or
the entity upon behalf of which the persons acted,executed the instrument.
S;
S� l�
1 3 18843 'S
p •CoUtomta `VM*1ESS my hand and official seal.
sante�#rart�countyZ
Signature of Notary Public
s Q ,r`
s Optional Infor-m—ation s
Title or Type of Document. Increase/Decrease Rider-Tract 8255 Bond# 92097486
5,
Capacity Claimed by Signer: Assistant Vice President and,,Assistant Secretary of s
Shapell Industires., Inc. r
's
7,