HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-436 CONTRA COSTA Co Retarder Office
STM L; MR, CIOMecorder
Recorded at the request of. DOC— 2'004--03653ft-00,� �'
Contra Costa County F U04N 24.'02
Hoard of Supervisors ��� ��
SID.80
Return to: , �+
Public Warks Department
Engineering Services Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Resolution on August 17,2004, by the following vote:
AYES: SU?EkVISCRS UILtiEVIA., GREENBERG, DESALTU. IZR XND GLOVER
NOES:' NONE
ABSENT: SUPPKWISOR JOHN GI014
ABSTAIN: NWE
Rt iSOLUTIC>N No.2,()04!436
SUBJECT: Accepting completion ofimprovements for culvert revetment,DA 02-00017(cross-
reference Subdivision 7984) San Ramon(Dougherty Valley) area,(District M)
The Public Works Director has notified this Board that the improvements in DA 02-00017
(cross-reference Subdivision 7984)have been completed as provided in the Drainage Improvement
Agreement with Shapell Industries of Northern California, a Division of Shapell Industries, Inc.,
heretofore approved by this Board in conjunction with the filing of the Subdivision Map.
TR:gpp
G.1CrrpData\EngSvc\B01200*08-17-041DA 0017 BO-45.dac
Originator:'Public Warks(ns) I hereby certify that this is a true and correct copy of an
Contact: 'seri Rie(313-2363) action taken and entered on the minutes of the Board of
Recording to be completed by COB
I.D.95-2578030 Supervisors on the date shown.
ce: Public Warks -T.Bell,Construction Div.
-N.Leary,Design(with aswbuilts)
Shapell Industries of Northern California ATTESTED: AUGUST 17, 2004 -
Sam Worden&Steve savage JOHN'SWEETEN, Clerk of the Board of Supervisors and
P.O.Bax 361169,100 N.Milpitas Blvd.
Milpitas,CA 95035 County Administrator
National Fire Insurance Company of Hartford
Aaw Pamela Stocks
582,0 Canoga Ave.,Suite 2.00
Woodland Hills,CA 91367 By r ,Deputy
City of San Ramon,Ann:Chris Law
3180 Crow Canyon Place,Suite 140
San Ramon,CA 94583
RESOLUTION NO.2004/ 436
SUBJECT: Accepting completion of improvements for culvert revetment,DA 02-00017(cross-
reference Subdivision 7984)San Ramon(Dougherty Valley)area,(District Ill)
DATE: August 17, 2004
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of August 17, 2004,thereby establishing the six-month terminal period for the filing of liens in
case of action under said Drainage Improvement Agreement:
DATE OF A rREEMENT NAME OF BANK/SUETY
October 1,2002 National Fire Insurance Company ofHartford
BE IT FURTHER RESOLVED the payment (labor and materials) surety for$36,400.00,
Bond No. 929263041 issued by the above surety be RETAINED for the six month lien guarantee
period until February 17,2005,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 improvements are ACCEPTED as COMPLETE.
Upon Acceptance by the Board of Supervisors,the San Ramon City Council shall accept the culvert
improvements for maintenance in accordance with the Dougherty Valley Memorandum of
Understanding.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$1,000.00 cash deposit(Auditor's Deposit Permit No.392675,dated September
10,2002)made by Shapell Industries ofNorthem California,and the performance surety bond rider
for$10,800.00, Bond No. 929263041 issued by National Fire Insurance Company of Hartford be
RETAINED pursuant to the requirements of section 94-4.406 of the Ordinance Code until release
by this Board.
RESOLUTION NO. 2004/436
p o i t a Rider
SURETY f Exogl Mrd In Ldollicate
CtA-41017Ga4e Ranh 141Nest Bran+ r Gnse SUB 7984
INCREASE -DECREASE RIMER
TQ BE ATTACHED TO and form part of Bond Number 00 2.03 W issued by the
National Fire Insurance C2MRM of Hartford "as
Surety, an behalf of S ii Industries of Northern Callfoirpla.A Division n 5_bMII i Of
y ,g hereinafter referred
to as the Principal,and in flavor of County of Contra Costa
of MartlM CA hereinafter
referred to,as the Obligee,effective the 30th day of At!gust 2002
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the --!Rd--_. day of ___ December 2003 ,and
subject to all the terms, conditions and limitations of the attached bond, the penal sura thereof shalt be and the
same is hereby oscraesad __ from the sum of
Severity One Thousand Seven Hundred No{l4tO ** Dollars($ to the
sum of Ten Thousand Efght HundredNoll 00***Performance Only Dollars($10,4(00.00**** }.
IT 1S FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the
attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the
SUM of SevsMv One Thousand Seven Hundred Noll00'*" Dollars{$ 21 M,00 "" },
or for any loss occurring subsequent to said date shall not exceed the sum of
Ten Thousand Eight Hundred Noi144tt***earfarn once Only — _- Dollars($
In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it
being tate Intent hereof to preclude cumulative liability.
SIGNER;SEALED AND DATED this 17th day of Navertrjr gena
Accepted By. Shapell Industries of Northern California,
A Division of Shaped Industries,Inc.
(Principal)
By _ By ____.._: _ {Seat}
Nation ra insurance Company of Hartford
Farm F4783 _.._...__- ._.._
By (Seal)
Parnala L.Stocks, Attorney-in-Fact
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTO►RNEY4N-FACT
Know All Man By Thew Presents.That Continental Casualty Company,National Fire Insurance Company of Hartford,and American
Casualty Company of Reading,Pennsylvania(herein called"tile CNA Companies"),are duty organized and e)kft 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 Bev A ball,Sandra V.Harmer,individually
Of Sherman Oaks,California
their true and>hvful Attomey(sHrt-Fact with full poover and authority hereby d w4snred to sign,seat and execute for and on their behalf
bonds,undertakings and other obligatory Instruments of simllar nature
—
In Unlimited Amounts—'
and to bind them thereby as fully and to the some extent as If such instmments 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 r~and confirrned.
This Power of Attorney Is mamde and executed pursuant to and by authority of the By-Law and Resolutions;printed on the reverse
hereof,dully adopted,as indicated,by the Boards of Directors of the corporations.
In V411 nese Whsreof,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.
# C-ontinafti Casualty Company
_ National Fire Insurance Company of Hanford
• American Casualty Company of Reading,Pennsylvarsa
BElli.
fea'► •
Michael Mangler Group 1trd a President
State of lGnois,County of Cook,ss:
On this 3rd day of August,20DI,before me personally came Wheel Gengler to me known,who,being by me darty sworn,did depose and
say:that he resides In the City of Chicago,State of Illinois;that he is a Group dice President of CoWnentat Casualty Company,National Fire
Insurance Company ofHartford,and American Casualty Company of Reading,Pennsylvania described In and which executed the above
Instrument that he krxms the seats of said corporations;Oat the seals affixed to the said instrument are such corporate seals:that they were
so affixed pursuant to authority err by the Boards of Directors of said corporations mind that he signed his name thereto punsdrant to like
authority,and acknowledges same to be the act and deed of said corporations.
'� MI�i1!*�rlrflllMNIYMIs . •!i�
My Commission Expires Sir 17,2001 Diane Faulkner Notary Public
CERTIFICATE
t,Mary A.Ribiikawskis.Assistant Secretary of Continental Casualty Company,National Fire Insurance Comparry of Hartford,and American
Casualty Canpany of ,Penrrsy1404 do hereby certify that the Power of A#cuyey herein above set forth Is still in force,and further
certify that the Bir-Law and t esolu#ton of the Board of Directors of the corporaticme printed on the�r hen�f is stili in force.In testimony
whereof l have hereunto s my and affixed the seal of the,said corporations this l t day of
2aO3,
Continental Casualty Company
poi rrnre National t=ire Insurance Company of Hartford
• American Casualty Company of ReadMg,Pennsylvania
t3EAL. uut�r,
(Rev. 1/23101) Mary A.Ritrlldawvskis 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,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 writtencertificatesattorneys-In-fact to act In behalf of the Company in the
&MCI AIDA of DOW&&of ina4wama -as such
the firnitations 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 arty Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke ail power and authority
previously given to any attorney-In-fact."
This Power of Attorney Is signed and seated 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 hold 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 a of Article IX of the By-Lews,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 shaft be valid and binding on the Company.Any such power so
executedand 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-Low duly adopted by the Board of
Directors of the Company.
"Ardcle W—Execcrti*n of Obligattwe aid Appohritmient of Aftorneyoin*act
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vim President may,from time to time,appoint by written certificates attiorneys4n-fact to act In behalf of the Company in the
execution of policies of insurance,bonds,undertakings and other obligatory Watrumentsof Ike 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 a"of the Company thereto.The President or arty Executive,Senior or Group Vice
President may at any time revoke all power and authority previously given to any attomey4n4act."
This Power of Attorney Is signed and sealed by facsimile under and by the authortty of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly cafted and hold on the 17th day of February. 190.
'Resolved,that the signature of the President 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-Lam,and the W"ture 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 shag 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 undertakmg 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 foliowing 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 Vim President of the Corporation may,from
time to trne.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 Aftorney-in-Fact,subject to Me: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 Corporafton thereto.The President,an Executive Vim President,any Senior or Group Vice President or
the Board of Directors may at any time revoke of power and authority previously given to any Aftor I ne I y4m-Fact."
This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duty called and hold on the 17th day of Fsbruary, 1993.
ORESOLVED: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 seat 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 shag be
valid and binding on the Corporation.Any such power so executed and sealed and certified by cartilicate so executed and sealed,shag
with respect to any bond or undertaking to which It is attached,continue to be valid and binding on the Corporation."
------------------
. ............................
............ ............
..............................................................................................................................................................................................
State of Califomia
County of Los Angeles
On Nevembst 17,2003 before rne: Sa-n-S Kanner-Notary PuBlic
04te NAME,TITLE of oFmr:R,,:LANE Dort,NOTARY PUBLIC*
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
(2L)personally known to me-OR -(—) proved to me on the basis of satisfactory evidence to be
the person(a) whose name(*ishawsubscribed to the within instrument and acknowledged to me that
kWahe/AW executed the same in WW herl*AW authorized capacity{ , and that by XWherA#W
signature(e)an the'instrument this person(g),or the wittty upon behalf of which the person(s) acted,
executed this instrument
SANOYHMOIER WITNEJimy hand an cial a".
OM.yCommission*1312157 UA
Notary Public-Caftmis SIGNATURE OF NOTARY
Los Anqsl6s Courft
Comm,Expirss2,20ONS
_ _ _ _Jul::j OPTIONAL
Though ft data below Is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattaohrrient 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
NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING.
NAME OF PERSON(S) IES)
National Fire Insurance Company
of Hartford SIGNER(S)OTHER THAN NAMED ABOVE
G-107426-8
................................................................................................................................................... .....................
>
9=Af,WnWW* AjF.f. VjFf0VnQV
State of California
County of Santa Clara
On September 10,2004,before me,Janice T.Kruse,Notary Public personally appeared
J.C. Truebridge and Bonnie Wee Mann,known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same
in her authorized capacity, and that by her signature on the instrument,the person or the
entity upon behalf of which the person acted, executed the instrument
JANCE T XRUSE
1318697 >
CdIbMI0
VMNESS my hand and official seal.
c4u*
AW24,2=
Si xture of Notary Public
Optional biformation
Title or Type of Document: Increase/Decrease Rider-Duplicate of original issued on
November 17.>2003 rejected by County Recorder. Tract
79K Gale Ranch H
Capacity Claimed by Signer:Assistant Vice President.and Assistant Secretaryof
Shavell Industries,Inc.
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: August17,2004
SUBJECT: Accepting Completion of Improvements for Culvert Revetment, DA 02-00017(cross-reference
u v:ston
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S)
ADOPT Resolution No. 20041 436 for DA 02-00017 (cross-reference Subdivision 7984), accepting
completion of improvements for culvert revetment, San Ramon(Dougherty Valley)area,(District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Developer, Shapell'Industries of Northern California, a Division of Shapell Industries, Inc., has completed
improvements(culvert revetments) as per Resolution No. 20021587,dated October 1,2002.
CO� 1�UENCES OF LEGATIVE ACTION:
The Developer,Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,will not be able to
reduce their Bond amount and establish the on -ye Warraneriod.
Continued on Attachment Signature:
tECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
:I-- PROVE `OTHER
SIGNATURE(S):
A ION OF`BO N AUGUST 119 200z, APPROVED AS RECOMMENDED�_OTHER
VOTE OF SUPERVISORS
xx UNANIMOUS(ABSENTDISMICT I )
AYES: NOES:
ABSENT: ABSTAIN-
TR,Spp
c:NorpDatajE,nsSvc\BO 0044-l7-04\DA 0017 oraer.aoc I hereby certify that this is a true and correct copy of an
Contact-
TiPublic e orks(313--363 action taken and entered on the minutes of the Board of
Contact: Teri.Rie(313?363)
Recording to be completed by COB Supervisors on the date Shown.
I.D.95-2578430
cc: Public Works -T.Bell,Construction Div.
Shapell Industries of Northern California ATTESTED: AUGUST 17, 2004
Sam Borden&Steve savage
P.O.Bax 361169,104 N.Milpitas Blvd. JOHN SWEETEN, Clerk of the Board of Supervisors and
Milpitas,CA 95035 County Administrator
National Fire Insurance Company of Hartford
Attn:Pamela Stocks
5820 Canoga Ave. Suite 200
Woodland Hills,CA 91367 By Deputy
City of San Ramon,Attn:Chris Low
3184 Crow Canyon Place,Suite 140
San Ramon,CA 94583