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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-450 111.111,111,...I......I............................................................................................................................................................................................... . . ....... ....................................11........I....... ��, �I I I IIS � E I I �� � 1: � 1� � COFRA =TA Cc RecoMer Office ST8 L. MIRIrk-Recorder. . r Recorded at the request of: DOC— 200 #_0. 0530 .. Contra Costa County Board of Supervisors Wedmz&y, SEP 22, 2004 89:24-00 Return to: FRE $0.00 Public Works Department Engineering Services Division Tt I Pd $1.08 Nbr-IN2346182 1re'AR901 a THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on August 17,2004,by the following vote: AYES: SUPERVISORS U11KWA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: SUPERVISOR JOHN GIOIA ABSTAIN: NONE 20W450 SOLUTION NO SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 98-08254, San Ramon(Dougherty Valley) area. (District 111) The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements in Subdivision 98-08254 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:rtn G:\GrpData\EngSvc\BO\2004\08-17-04\SD 8254 BO-45.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by ODD I.D.95-2578030 1 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: AUGUST 17, 2004 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 91367 JOHN SWEETEN, Clerk of the Board of Supervisors and City of San Ramon Attn:Chris Low County Administrator 3180 Crow Canyon Pl.,Ste 140 San Ramon,CA 94583 By Deputy Or RESOLUTION NO.2004/-Ao ............................................................................................................................................................................ . ......................... SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 98-08254, San Ramon(Dougherty Valley)area. (District In) 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 Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY August 17, 1999 American Casualty of Reading,PA BE IT FURTHER RESOLVED the payment(labor and materials)surety for$315,750.00, Bond No. 190723728 issued by the above surety be RETAINED for the six month lien guarantee period until February 17, 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 8254 are ACCEPTED AS COMPLETE. Upon completion of the one-year warranty and maintenance period for the street landscaping, the San Ramon City Council shall accept the public improvements(street landscaping)for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. Upon completion ofthe park expansion improvement,PA 0012, the City shall accept the Subdivision 8254/PA 0012 pocket park for maintenance. j BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$6,379.00 cash deposit(Auditor's Deposit Permit No. 335763 ,dated July 3 0, 1999)made by Shapell Industries ofNorthern California and the performance/maintenance bond rider for$94,730.00,Bond No. 190723728 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. RESOLMON NO. 2004/450 Executedin Triplicate CM suftry Tract 8254 Crest Bridge Increase-Decrease Rider TO BE ATTACHED TO and town part of Sod Nianur „ 190 723 Z28 �__.. hued by Mee American CpAgalt ry Comp2ny of Beadle PA as Surety,on behalf of _____Shapell Industies of Northern California,a Division of Shapell industries, Inc, of Milpitas,CA In favor rif Caen of Contra Costa hweM*fter referred to as thea Principal,and of Ma[§n2Z.CA 27#h daffy of JC#Y 1999 hereinafter referred to as the ob%ee,effective the IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is Wdermood and agreed that effeative the 12th day of May , 2004,and sub*t to all the terms, conditions and limitations of the a#tach ed bond,the penal sum thwaof shat be and the some Is her decreased from the sure of Six Hundred d Thi ne T usand Five H red.Twenly-One N 1 to ft sure of_-Nin-ely Four Thou' Seven Hundred Thirt NoMQQ*** Dallers( $631,521.00*** )r Dollars( $. 0.001 ), IT IS FURTHER UNDERSTOOD and agreed that subjeot to all the terms, conditions and tirribtlans of the attached bond, the site llama of the Stp*for an Ides accurrin �r to said date shall not exceed the wm of Six, unfired Thi' C?ne Thousand ive Hunctre wen Cane Nal1'00"** ,Dollars($M31.521.00""*_} or for any loss occurtirq subsequent to sold date shell not mmad the sum of Ninety Four Thousand Seven Hundred Thin# No1100**` Dollars 094,730.00*** ), In no even#,however,Mall the aggragate lli Wity of the Surety&wefed the larger of tate aforementioned sures,it being the Intent hereof to preclude cumulative liebillty. SIGNED?,SEALED AND l?ATr=D this 13th slay at May, 2004 , Accepted 9y: Shapely industries of Northern California, a Division of County ofCess Sha 11 Industries, Inc. {prindpat} C TRUEBRID40E, ASST. V.P. B EN COX, ASST. SEC. American Casualty Company of Reading,PA (Seel) Pamela L. Stocks Attomey-in-fact SUR-23189-D POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know Ail Men By Thaw Pt scents,That Continental Casualty Company,National Fire insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(herein called"the CNA CompenlW),are duty ori and existing corporations having their principai offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seats herein affixed hereby matin,constitute and appoint Pamela L Stocks A Hall Sandra V.'Hanner indtvkluall Of Sherman Oaks California their true and lawful; omay(spin-Fact with full power and authority hereby conferred to sign,seat and execute for and on their behalf bonds,undertakings and other obligatory insbuments of similar nature In Unlimited Amounts-- anal to bind i;_m/hereby as fully and 10 the aWme e;;t-as if such instruments were signed by a duty atahorixed officer of their corporations and all the,arks of sstd Attorney.pursuant to the autho ft hereby gWon Is hereaby raWled and odrifinned. This Power of Attorney ney made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duty adopted,as indicated,by the Boards of Directors of the corporations. in Witness lfifhersof,the CNA,Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on tins 3rd;day of Wit,2001. continental Casualty Company �rsrarera use NlaticxtalFire Insurance Company of Hartford n a, American Casualty Company of Reading,Pennsylvania 8th. "dUW Gengler Geo Vice President State of Wkiols,County of Cook,ss: On this 3rd day of August,2001,before me personalty came Michael Gengler to me known,who,being by me duty swam,did depose and say:that he resides In the C Ity of Com,State of Illinois;that he Is a Group Vice President of Caefinental Casualty Cortwny,National Fire insurance Company of Hartford,and Arrwican Casualty Conpany of Reaiiing,>Pennasylvania described In and which executed the abate Instrument;that he knows the seeks of said cawMfons;that the seals affixed to the said tnstrumW are such corporate seals;that they were so affixed pursuant to)juthartiy given by the Boards of Directors of said corporations and that he signed his name#web pursuant to like authority,and acknowledges sante to be the act and dead of said corporations, My Commission Expires September 17 2D01 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.R,ibikawskis,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Rswft,Pennsylvania do hereby=*that the Power of Attorney twain above set forth Is still in force,and further carlify'that the Sy-Law and Resolution of the Board of Directors of the corporations printed on the a hereof Is stilt In force.In testimony whereof l have hereunto subscrilsed my mane:anal affixed the seal of the said corporations this day of May Contineas ttal�ompany Na�sre Company of Hartford . American Casualty Company of Reading,Pennsylvania An WEA weed Mary A.Riblkawwsskis Assistant Secretary (Rev. 1/23/01) 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 fotiowing BY-Law duty adopted by the Hoard Of Directors of the Company. "Arttcte IX--Execution of Docu nems Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the.Presldaint or any E w-utive,Senior of Croup Vice President may,from time to time,appoint by written certificates atlorn in-fact to ad in behalf of the Company in the the limitations set forth in their respective certificates of authority,shat#have full power to bind the Company by their signature and execution of any such instrumerits and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Mice 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 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 cartificate of arty such power and any power or certificate bearing such facsimile signature and seat shalt be valid and binding on the Company.Any such power so executed and sealed and certified by cartificate 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. "Article Vl-kart on of OWNstion and AppoiMrnent of Aft mey-in f+sct Section 2.Appointment of Attorney-in-fad.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-tn-fact to act In baihaif of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory Instruments of like nature.Such att omeys-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-infact." This Power of Attorney is signed and sealed by facsimile under and by the authorityof the following Rion 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 power of attorney granted pursuant to Section 2 of Article VI 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 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority d the following Resolution duly adopted on February 17, 1993 by Board of Directors of the Company. *RESOLVED:That the Presiders,an Executive Vice President,or arty Senior or Group Vine President of the Corporation may,from time to turret 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 Attorney-irt-Fact,subject to lute#mitaBons 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 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 std and sealed by facsimfle under and by the authority dit folowirigResolution 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 arty senior or Group Vice Presiders 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 eructs 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 An etas n ; -'Wore me, S-a-Av Banner - Rotary 2904 is Date NAME,TITLE OF OFFICER.,'JANE DOE.NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) ( personally known to me-OR -( )proved to me on the basis of satisfactory evidence to be the person0l)whose name(*is/Amoubscribe d to the within instrument and acknowledged to me that ifradshe)JbW executed the same in taarlherJftitauthorized capacttypev. and that by Wherl signaturio);on the instrument the person(), or the entity upon behalf of which the person(io acted, executed the instntment. A AW SANDY w�,NNER WiTMES my frond and _ "' Commission#13362'157 ` ; a, Notary Public•C,ditornis Los Angeles County 81C3i�lA RE OF NO1'l1RY 4AMy Comm.Expires Joe 2,20M OPTIONAL Though the plata below is not required by law. It may prove valuable to persons relying on the document and could prevent fraudulent reatUtchment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT �--- INDIVIDUAL CORPORATEOFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED (�.) GENERAL I X) ATTORNEWN-FACT NUMBER OF PAGES {)'TRUSTEE(S) {�) GUARDIAN/CONSERVATOR {_) OTHER DATE OF DOCUMENT SKINER IS REPRERENTING: NAME OF PERSON(Sj OR ENTITY(IES) American Casualty om sUny of Reading,Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE G-IC7�3'6-@ MTICE disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. Tn principals on bonds and i-nsureds on certain insurance policies written by any one or more of the>followkg companies(collectively the "Wrifang Companies") as surety or insurer:Western Surety Company,U'nivers'al Surety of America, Surety Bondizg CompaM of America, Continental Casualty Company,National Fre Insurance Company of Hartford,American Casualty Company of Reading, PA,The Firarnen's lasurance Company of Newark, NJ,and The Continental Insurance Company. The premium attributable to coverage far terrorist acts cert aed under the Act was Zero Dollars($6.00). IT LOSE R The United States will pay ninety percent(90%)of covered terrorism losses exceeding the applicable suretylnsurer deductible. FUM M3t8 State of California County of Santa.Clara <y On May 17,2004,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 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. - - JOE t SSE c 131$697 SSS any hand and official seal. ,- —� t��AW Sign"e of Notary Public Optional Information Title or Type of Document: increase/Decrease Rider Bond#190-723-728,Traci 8254 Capacity Claimed by Signer: Assistant Vicg President and Assistdnt Secretary of Shayell ludicstries.Inc, ri jQ t TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: August 17,2004 SUBJECT: Accepting Completion of Improvements for Subdivision 98-08254 Right-of-Way Landscaping SPECIFIC REQUEST(S)4R RE ©A MENDATION(S)&RATt3ltf}uND AND 3USTTFICATICIN RECOMMENDATION(S): ADOPT Resolution No. 20041 450 for Subdivision 98-08254,accepting completion of improvements for Right- of-"Way Landscaping Agreement, San Ramon(Dougherty Valley)area.(District III) FISCAL IMPACT: None, BACKGRUL. DIREASON(S)FOR RECgMENDATION(S): Developer has completed all improvements as required by subdivision agreement(right-of-way landscaping) for Subdivision 8254 (Gale Ranch Phase I). CONSEQUENCE OF NEGATIVE ACTION: Negative action would result in the delay in the process of acceptance and transferring public improvements to the City of San Ramon as outlined in the 1997 Memorandum of Understanding between Contra Costa County,City of San Raman, Shapell Industries, and Windemere. n Continued on Attachment:— SIGNATURE: --- !:7- COMMENDATION OF COUNTY ADMItNISTRATOR RECOMMENDATION OF BOARD COMMITTEE -0ieROVE OTHER I NATU ACTION OF BOA17N AUGUST 17, > APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct xx UNANIMOUS(ABSENT DISTRICT I copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN-� date shown. G:\CxM ata+EngSvcii3Ql2b04tt18-17.0"A 1137 BO-15 Order.dDc Orig.Div. Public Worim(ES) Csstacl recompl ted by C) ATTESTED: AUGUST 17, 2004 itecerdlnY to be completed by CIaH 1,1).95-2578030 Pumi JO SWEETEN, Clerk of the Board of crt Public Works -T.Heil,ConstrnctlonDly. ShVell kuiustries of Northem Cail&srma 100 North Wdpires Blvd; Supervisors and County Administrator Milpitas,CA 43035 Atitw S:Savona 5.Warden,&J.Gold American Casuaky of heading,PA 3820 Canoga Ave.,Suite 200 Woodland Hills,CA 913617 City ofAtn:RamamChris By � s_3 Deputy Attn:Chris Low 3180 Crow Carryon Pl.,Ste 140 San Ramos,CA 94595