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Home My WebLink AboutMINUTES - 06272006 - C.11 (2) CONTRA COSTA Co Recorder Office STEPHEN L. WEIR, Clerk-Recorder Recorded at the request of: DDC— 2006-0204394-00 Contra Costa County Wednesday, JUN 28, 2006 11:11:17 Board of Supervisors FRE $0.00 Ret"'"to: Public Works Department Tt 1 Pd $0.0@ Nbr-0003301437 Engineering Services Division I r c/R 9/1—8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 27, 2006,by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 20061 'Oe 3 SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(right- of-way landscaping) for DA 02-00016 (cross-reference Subdivision 95-07984), for project being developed by Shapell Industries, Inc., A Delaware Corporation, San Ramon(Dougherty Valley) area. (District III) These improvements are approximately located near Bollinger Canyon Road. The Public Works director has notified this Board that the Right of Way Landscaping Improvements for DA 02-00016 have been completed as provided in the Subdivision Agreement (right-of-way landscaping) with Shapell Industries, Inc., A Delaware Corporation, heretofore approved by this Board; TR:cmm G:\EngSvc\BO\2006\06-27\DA 02-0016 B045(DV)Landscape.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) I hereby certify that this is a true and correct copy of an Recording to be completed by COB I.D.95-2578030 action taken and entered on the minutes of the Board of cc: Public Works A.Bell,Construction Supervisors on the date shown. P.Tehaney,M&T Lab I.Bergeron,Mapping Div. ATTESTED: -C.Mohammed,Engineering Svc. T.—December 27,2006 JOHN CULLEN, Clerk of the Board of Supervisors and Sheriff-Patrol Div.Commander CHP,coo AI County Administrator CSAA Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Shapell Homes 100 N.Milpitas Blvd.,Milpitas,CA 95035 By , Deputy Attn:Erin Heck National Fire Insurance Company of Hartford 2355 E.Camelback Rd.,Suite 500,Phoenix,AZ 85016 Attn:Pamela L.Stock RESOLUTION NO.2006/ �� SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(right- of-way landscaping) for DA 02-00016 (cross-reference Subdivision 95-07984), for project being developed by Shapell Industries, Inc., A Delaware Corporation, San Ramon(Dougherty Valley) area. (District III) DATE: June 27, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of June 27,2006 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 April 1, 2003 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials) surety for$166,500.00, Bond No. 929 248 000 issued by the above surety be RETAINED for the six month lien guarantee period until December 27,2006,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 on Alamo Creek Main Branch, are ACCEPTED AS COMPLETE. Upon acceptance by the Board of Supervisors, the developer, Shapell Industries, Inc., A Delaware Corporation, shall maintain the landscape improvements in accordance with the Gale Ranch Mitigation Monitoring Plan. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $3,300.00 cash deposit (Auditor's Deposit Permit No. 392399, dated September 4, 2002) made by Shapell Industries, Inc., A Delaware Corporation, and the performance/maintenance surety bond rider for $49,455.00, Bond No. 929 248 000 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 20051 49 ' ~ ^ CIVASURETY DA-02-00016 XREF-7984 |NCRUEASE - DECREAJGEFIDER TOBEATTACHED TOand form part ofBond Number 929248000 issued bythe National Fire Insurance Company ofHartford as Surety, onbehalf of of Milpitas, CA hereinafter referred tnasthe Principal,and infavor of County of Contra Costa of Martinez, CA . hereinafter referred toaothe Obligee, effective the 23rdi__ day of . _2002___ IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it iounderstood and agreed that effective the _-_171h____ day of . 2006 . and subject to all the iunna, conditions and limitations of the attached bond, the penal num thereof shall be and the same ishereby "DECREASED" from the sum uf Th'"" H Dollars($ to the sum of Forty NineDollars ($ ) IT IS FURTHER UNDERSTOOD and agreed that subject to all the terme, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the aumof Three Hundred Twentv Nine Thousand Seven Hundred No/100*** Dollars($ ). orfor any loss occurring subsequent hnsaid date shall not exceed the sum of F`" Ni Thousand Dollars ($ ) In no event however, shall the aggregate liability of the Surety exceed the larger ofthe aforementioned suma, it being the intent hereof topreclude cumulative liability. SIGNED, SEALED AND DATED this L�� day of ''-~~p^-- -' ShopeUIndustries ofNorthern California, aDivision County of Contra\Csta of8hapeUIndustries, Inc., aDelaware Corp. (Principal) By V By (Seal) � \ By (Seal)pq ss� National Fire Insurance Company of Hartford Form F4763 rdt By C-415;ee-v ?,% /1n:;7 -(Seal) 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,an Illinois 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,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,sea[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 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 Senior Vice President and their corporate seals to be hereto affixed on this 10th day of March,2006. r,AS4 VASUR4 0AContinental Casualty Company ` "�� 00 $' National Fire Insurance Company of Hartford ' 00APORATe �w W ?-,Fo American Casualty Company of Reading, Pennsylvania s /UtY 31, � 9 0 SEAL t e 1902 s t 897 NARK • Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 10th day of March,2006,before me personally came Thomas P.Stillman 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 Senior Vice President of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,an Illinois 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 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. 'OFFICIAL SEAL' ; MAMA M.t1EOMA � • Nowy Publk,Stas of Ilb�oia '+ i my Canmissioo Ewir"9!46/'80 My Commission Expires March 15,2009 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,an Illinois 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 31St day of May 2006 . GAS Lt��r %14SU4Continental Casualty Company 4"CF ,ta National Fire Insurance Company of Hartford *f $'��wc ►atrd American Casualty Company of Reading,Pennsylvania a WLY 31, Qu SEAL ! 1902 1 1897 HARD * cp�� Mary A.qikafjkis Assistant Secretary Form F6$53-11/2001 State of California County of Los Angeles On May 31,2006 before me Sandy Hanner-Notary Public Date NAME. TITLE OF OFFICER., "JANE DOE. NOTARY PUBLIC" personally appeared Gina O'Shea NAME(S)OF SIGNER(S) (-L) personally known to me - OR - (,_._,) proved to me on the basis of satisfactory evidence to be the person(s) whose name(st) isAw subscribed to the within instrument and acknowledged to me that hoe/she/tf( executed the same ink/her/ft* authorized capacity4w), and that by blas/her/WAW sighature(1s) on the instrument the person(I'1), or the entity upon behalf of which the person(sr) acted, executed the instrument. BANDY HANNER WITNES my hand and officim seal. Commission#1362157 4-1my Notary-Public-CalifamiaSttaNA E OF NOTARY Los Angeles County Comm:Expires Jul,2,.2006 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the documen 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 (.."X,..) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) (__) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) _Natinnal Fire InguranrA Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE (3-107426-8 �r✓ave%`+' w.�. >� . ,.�_ ,.. .,.. :.�.:. ...�_,,� .._ . .� ✓. ....�wti.ii,. _ .. ., . . � ✓ ver��:>S <r i ;� SS \j l` 1i (\ >> <tCj 1 i y; CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT 51� State of California ; County of Santa Clara On June 2, 2006 before me, Janice T. Kruse,Notary Public personally appeared, J.C. Truebridge& 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 1 in their authorized capacity; and that by their signature on the instrument the persons, or z the entity upon behalf of which the persons acted, executed the instrument. <Z t 5z �1 :< ANICECommission T.KRU9E Commission�1597425 ` > WITNESS my hand and official seal.' Notary Public California ; ffiz Santa Clara County _ My Comm.fxphes Aug 24.2 Sign�ture of Notary Public ' rr Optional Information s Title or Type of Document: Decrease Rider DA-01-00016 XREF - 7984 z; �S S> Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of s<: Shavell Industries,Inc. rr s> 1i )j ..h, /�/� v.. ./.iv i i/�/'✓ /n- ✓moi.... . �%`. �,'..^: ✓,. n��/ .,^�'.:✓� .�.. -./ . .,/.�� _ i yi v'::" .. , /.-�� i. .. ✓:%✓�, /., .