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Home My WebLink AboutMINUTES - 05092006 - C.5 (2) i III I IN 111111111 CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder ContraOf County Board of DOC— 2006-0146678-00 Return to: Tuesday, MAY 09, 2006 14:41:00 Public Works Department FRE $0.00 Engineering Services Division Ttl Pd $0,00 Nbr-0003234700 lrc/R9/1-7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 9, 2006, by the following vote: AYES: Uilkema, Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT. Accepting completion of landscape improvements for Subdivision Agreement(Right of Way Landscaping) for RA 02-01130(cross-reference Subdivision 95-7976), San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Watermill Road and Harcourt Way. The Public Works Direcltor has notified this Board that the Right of Way Landscaping improvements for RA 02-01130 (cross-reference Subdivision 95-7976), have been completed as provided in the Subdivision Agreement (Right of Way Landscaping) with Brookfield Ambridge, LLC, heretofore approved by this Board; TR:kg G:\GrpData\EngSvc\60\2006\05-09\RA 02-01130 B045 DV.doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by COB I.D.94-3291516 cc: Public Works -Construction Div. -P.Tehaney,M&T Lab, I hereby certify that this is a true and correct copy of an -I.Bergeron,Mapping Div. -B.Balangan,Engineering Svc. action taken and entered on the minutes of the Board of -T.-March 9,2007 Supervisors on the date shown. Sheriff-Patrol Div.Commander CHP,c/o At GSAA-Cartog ATTESTED: Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 JOHN CULLEN, CkA of the Board of Supervisors and Brookfiled Ambridge,LLC County Administrator 5960 Inglewood Drive,Suite 200 Pleasanton,CA 94588 ATTN: Daniel R.Moore American Casulaty Co.of Reading,Pennsylvania CNA Plaza, 13 South By Deputy Chicago,IL 68685 ATTN: Virginia Cupland RESOLUTION NO.2006/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(Right of Way Landscaping)for RA 02-01130(cross-reference Subdivision 95-7976), San Ramon(Dougherty Valley) area. (District El) DATE: May 9, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of May 9,2006 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement (Right of Way Landscaping) DATE OF AGREEMENT NAME OF SURETY February 25, 2003 I Amercian Casualty Company of Reading, Pennsylvania BE IT FURTHER RESOLVED the payment (labor and materials) surety for $54,400.00, Bond No. 58608915 issued by the above surety be RETAINED for the six month lien guarantee period until September 7, 2006,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any1claims on file. BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements on Watermill Road and Harcourt Way are ACCEPTED AS COMPLETE. Upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the landscape 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$1,1100.00 cash deposit(Auditor's Deposit Permit No. 399708,dated January 30, 2003)made by Brookfield Ambridge,LLC, and the performance/maintenance surety bond rider for$16,155.00,Bond No.58608915 issued by Amercian Casualty Company of Reading, Pennsylvania be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION.NO. 2006/ag,'OU AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA CNA-Plaza, 13 South, Chicago, Illinois 686185 (312) 1322-6798 RIDER #1 To be attached to and form part of Surety Bond No. 58608915 on behalf of Brookfield Ambridge LLC in favor of Costra Costa County dated January 27, 2003 It is hereby understood and agreed that,the penal sum under the Performance portion of this bond is reduced from One Hundred Seven Thousand Seven Hundred and 00/100 Dollars ($107,700.00) to Sixteen Thousand One Hundred Fifty Five and 00/100 Dollars ($16,155.00) effective January 18, 2005. The Labor and Material Portion of the bond remains at Fifty Four Thousand Four Hundred and 00/100 Dollars ($54,400.00) Provided, however, that the attached bo nd as changed by this Rider shall be subject to all its agreements, terms and conditions and limitations except as herein expressly modified;and that the liability under the attached bond as changed by this Rider shall riot be cumulative and shall be limited in this aggregate to the penalty of the said bond. Signed and dated this 19th day of January. 2006. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA i 7 L Helen Tomlinson, Attorney-in-Fact I 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,prmcipal 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 David Slade,Joan Cummings,Helen TomlinIson,Individually of London,ON,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 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 purserint 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 cal sed these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 6th day of September,2005. GAS uqtr` tNS11Rq O�OAMrQP41' Continental Casualty Company National Fire Insurance Company of Hartford 2W covlPorurE ; S lo9volytEo .� American Casualty Company of Reading,Pennsylvania Z Q ♦ J s Ilutr 71. �U SEAL � df, � t I 1902 V� . 1897 NARK • Michael Gengler Sen' r Vice President State of Illinois,County of Cook,ss: On this 6th day of September,2005,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 Senior 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 coiporations;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- MARIA M.MEDINA • Notary Public,Sten o111500 • �/ , `W�� `_ `�1- - _/ .il�� My Commi.uon Expires 3116108 My Commission Expires March 115,2009 Maria M.Medina Notary Public CERTIFICATE I,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 abo a set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printee,,d n the verse hereo s still in fore . In testimony whereof I hayz'hereunto subscribed my name and affixed the seal of the said corporations this ---f day of [c , GASt4t<T 1NSURgy �pVAWOp Continental Casualty Company ?�P ��e� eF tia� R• National Fire Insurance Company of Hartford 00PPOPArE O; $,t c d�;,w ru[(4 American Casualty Company of Reading,Pennsylvania �u SEAL Zr ♦ < °a JULY 190Z31, .r 1897 NARK • Mary A. Rikaiokis Assistant Secretary Form F6853-11/2001 , ACKNOWLEDGEMENT OF CORPORATE SURETY To be attached to and form part of Bond No. 58608915 Province of Ontario County of Middlesex , to wit: On, January 19, 2006 before me, 64-VID &A ,/0z2 Notary Public, personally appeared, Helen Tomlinson , Attorney-in-Fact for American Casualty Company of Reading, Pennsylvania, personally known to me to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that.by their signatures on the instrument the person(s) acted, executed the instrument. WITNESS my hand and seal. Signature ! � Notary Public My Commission Expires: AI/L This area for official seal