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HomeMy WebLinkAboutMINUTES - 06082004 - C22 IIII III III I III II III III I�II IIII 1111111111111 N1111 CONTRA COSTA Co Recorder Office Recorded at the request of: STEM L. WEIR 41erk-Recorder Contra Costa County DOC— 2000219546_00 Board of Supervisors Return to: Wednesday, JUN 09, 2004 10:37:18 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0.00 Nbr-0002176338 lrc/R9/1-B THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 8, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREEELMERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 501 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement on Velvetleaf Circle, Gale Ridge Court, S. Gale Ridge Road, Mediar Drive and Mediar Court for Subdivision 8256, San Ramon(Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements in Subdivision 8256 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. JY:rm G:IGrpData\EngSvc\BO\2004106-08-041SD 8256 BO-45.doc Originator: Public Works{ES} I hereby certify that this is a true and correct copy of an Contact: Teri feted 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. Shapell Industries of Northern California 100 North Milpitas Blvd. ATTESTED: JUNE 0$1 2004 Milpitas,CA 95035 d k JOHN SWEETEN, Clerk of the Boarof Supervisors and Atte:S.Savage,S.Worden,&J.Gold 13 American Casualty of Reading,PA County Administrator 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 91367 City of San Ramon Attu:Chris Low B *�- De ut 3180 crow Canyon Pl.,Ste 140 Y .�._�� ... Deputy Y San Ramon,CA 94583 RESOLUTION NO.2004/ 301 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 8256, 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 BANWSURETY September 21, 1999 American Casualty of Reading, PA BE IT FURTHER RESOLVED the payment (labor and materials) surety for$153,700.00, Bond No. 929097487 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 8256 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$3,100.00 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 $45,645.00, Bond No. 929097487 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. 2004/301 Executed in Triplicate Bridges at Gale Ranch, Tract 8256 CM SUR Increaza -Decrease Rider TO BE A`l"THCHED TO and farm part of Bond Number 929 097 487 Issued by the American Casualty Company of Reading, PA as Surety,on betielf 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 A hereinafter referred to as the©bilges,affective the 31 St day of August, 1999. IN CONSIDERATION of the premium charged for the attached band and other good and valuable consideration it is understood and agreed that effective the 19th day of May 2004,and subject to all the terms, conditions and limitations of the attached bond,this penal sum thereof shall be and the same is hereby decreased from tha sum of Thre Hundred Fns Thousand Three Hundrgd t,In1100"*"`--_-- _ ---_ Dollars( $304 3t3Q.t10'"*� ), to the sum of Forty Five Thousand Six Hundred Forty Five R-67100 —11 Dollars($45,645,00' ). IT IS FURTHER UNDERSTOOD and agreed that subject to all the teats, conditions and limitations of the attached bond, the agpre ate liability of the Surety for any lass occurring prior to said date shall not exceed the sum of Three gate Four Thousand Three Hundred Dollars Dollars or for an lass occurring subsequent to said date shall not exceed the sum of For Fiive Thousand Six Hundred Forty Five No/100* Oolia, 045.645.00*** } 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. SIG"tED,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. (F'rin ) f (Seat) MAhi A. GOOK, ASST. V.P. H . EN COX, ASST. SEG. American Casualty Company of Reading, PA (6u ) S : (Seal) Pamela L. Stocks Attorney-In-fact SUR-23189-D POWER OF ATTG#,%NEY APPOINTING INDIVIDUAL A, tORNEY4N-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 seats herein affixed hereby make,constitute and appoint Pamela L.Stocks,Eleverly A.Hall,Sandra V.Hanner Individually of Sherman Oaks Callfornla their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seat 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 duty 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 Whrore&,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. cf, f) Continental Casualty Company National Fire insurance Company of Hartford JULY American Casualty Company of Reading,Pennsylvania i, 181117 State of Illinois,County of Cook,ss: Michael Gengler Group Vice President On this 3rd day of August,2001,before me personally game Michael Gengler to iiia 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 Croup Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of beading,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 dead of said corporations. lMii/H�rsO+ ppriiOy�s++iii----- ----�� « *L7'PI�IALNtI * # DAM'� ""Y r+rriir,.ft1M*1 yII�I4},fPIIF ♦•♦ My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.R#bikawskis,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 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 herecuito subscribed my name and affixed the seal of the said corporations this __ _day of ®1 I&V 28CIA Continental Casualty Company 00010Aft fa National Fire Insurance Company of Hartford a American Casualty Company of Reading,Pennsylvania SEAL (Rev. 1123/01) Mary A.Rit>Ikawskis 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 of the Company. "Article IX--Executlon 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,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 Croup 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 sued 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 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 shalt be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and seated 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 W--Execution of t}bt WWons and Appointment of AftOrney-In-t=act 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 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 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 Vine President and the seal of the Company may be affixed by facsimile on any paver 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 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 seated 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 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,arty 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 follcwving 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 seat 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 seated,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 y On , Ma 1924f14 before me, Sandy Tianner - Notary Public , Date NAME, TITLE OF OFFICER.,"JANE DOE, NOTARY PUBLIC- personally appeared P ame 1 a 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 persona} whose name(*is/Amoubscribed to the within instrument and acknowledged to me that btWshelkM executed the same in his/her/tttiM authorized capacity(}., and that by Wher/#M signature(&)on the instrument the person(S),or the entity upon behalf of which the person(o acted, executed the instrument. S7'N Y HANNER WITNE rr,y hand and i3 lcia! seal. Commission#1362157 Y Yea► Notary Public-Callfbmia SIGNA"`URE O€Nt3 Los Angeles County TARY lacy Comm,Expires Jul 2,20W 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 (.r} CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) ( - .} LIMITED {_} GENERAL NUMBER OF PAGES (�} ATTORNEY-IN-FACT TRUSTEE{S} ( } GUARDIAN/CONSERVATOR (r} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING. NAME OF PERSON(S) OR ENTITY(IES) American Casualty Company of Read€ng, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE G-io7a36-B 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 following companies (collectively 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. The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL IN p F T RORI M LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. rof m F7310 ���i!-':/W�/�/.J�/�/./�/V'�MN�/�^/V�/�NYV�/WV�/v' ^✓✓„N�./VV'./�./�/�/....'�`.�`.,��,'./v�/V�N.^/�/\/�/�/`✓`WVW�" Z v�.^./�.^./�/v`.l�l`Nv�M..1�W�J�N�VUW�M/V, W�/WV.,�J./..^v'�'r✓V�.�/./'.,^.r..n✓��V�.'V.J.M^N+.^J.. /v�NN` ^�^.,^�M^./w'�v', yS lb ') S J CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT" 5; State of California sCounty 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 s subscribed to the within instrument and acknowledged to me that they executed the same 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. JA ICE T.Ktt1JSE Commission# 1316697 � ?s 61MV Notary PutAic-Catttornia (-WITNESS my hand and official seal. Santa Ctara County Cc+m.i x s Aup 24.2=1 Sign'-tore of Notary Public Optional Information ; Title or Type of Document: Increase/Decrease Rider- Tract 8256 Bond#92907487 >> Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industires, Inc. z �S :`:'�.�'�r��✓..vM,�'.Ji�:,.�v�wv:�.J�.,...iti,..��.�r__v��ni+ ✓vv...'r,�., �.�✓ � ✓ .i,,,^, J✓..':ter✓�:"w vi��.�✓i'�%✓� vw^�✓�✓��'�..�.%.%;�%�✓.%..✓,�