HomeMy WebLinkAboutRESOLUTIONS - 10032006 - 2006-613 CONTRA COSTA Co Recorder Office
Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder
Contra Costa County DOC— 2005-0319809-00
Board of Supervisors
Return to: Monday, OCT 09, 2006 10:50:18
Public Works Department FRE $0.00
Engineering Services Division Tt l Pd $0.00 Nbr-0003435052
lrc/R9/1-8
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 3, 2006 by the following vote:
AYES: Uilkema, Piepho,DeSaulnier,
and Gioia
NOES:
ABSENT: Glover
ABSTAIN:
RESOLUTION NO. 2006/ (a l3
SUBJECT: Accepting completion of improvements for Water Quality Pond W5, Drainage
Acceptance 03-00029 (cross-reference Subdivision 99-08306), for project being
developed by Shapell Industries of Northern California, A Division of Shapell
Industries,Inc.,a Delaware Corp.,San Ramon(Dougherty Valley)area. (District III)
These improvements are approximately located near Dougherty Road and Ivy Leaf.
The Public Works Director has notified this Board that the improvements for Drainage
Acceptance 03-0029(cross-reference Subdivision 99-08306)have been completed as provided in the
Drainage Improvement Agreement with Shapell Industries of Northern California, A Division of
Shapell Industries, Inc., a Delaware Corp., heretofore approved by this Board;
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G:\EngSvc\60\2006\I0-03\DA 03-0029 B045 DV(DA).doc
Originator: Public Works(ES)
Contact: Teri Ric(313-2363) I hereby certify that this is a true and correct copy of an
Recording to be completed by COB action taken and entered on the minutes of the Board of
I.D.95-2578030
cc: Public Works -Construction Div. Supervisors on the date shown.
-P.Tchaney,M&T Lab
-1.Bergeron,Mapping Div.
-T.Ric,Engineering Svc. ATTESTED: 1.1* /o
T.—August 3,zoo?
Sheriff-Patrol Div.Commander JOHN CULLEN, Clerk of the Board of Supervisors and
CHP,do Al County Administrator
CSAR—Cartog
Chris Low,City of San Ramon l
2222 Camino Ramon,San Ramon,CA 94583
Shapell Industries of Northern California
100 N.Milpitas Blvd By Deputy
Milpitas,CA 95035
Attn:S.Worden/S.Savage
National Fire Insurance Company of Hartford
5820 Canoga Avenue,Suite 200
Woodland Hills,CA 91367
Atm:Pamela Stocks
RESOLUTION NO.2006/ ( i 3
SUBJECT: Accepting completion of improvements for Water Quality Pond W5, Drainage
Acceptance 03-00029 (cross-reference Subdivision 99-08306), for project being
developed by Shapell Industries of Northern California, A Division of Shapell
Industries,Inc.,a Delaware Corp., San Ramon(Dougherty Valley)area. (District III)
DATE: October 3, 2006
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of October 3,2006 thereby establishing the six-month terminal period for the filing of liens in case
of action under said Drainage Improvement Agreement:
DATE OF AGREEMENT NAME OF SURETY
November 30, 2004 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$214,300.00,Bond No.
929299765 issued by the above surety be RETAINED for the six month lien guarantee period until
April 3,2007, 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 Water Quality Pond W5,the hereinafter described public
improvements, as shown and dedicated for public use on the Final Map of Subdivision 99-08306,
filed August 1, 2006, in Book 492 of final maps at Page 47-94, Official Records of Contra Costa
County, State of California, is ACCEPTED AS COMPLETE.
Upon acceptance by the Board of Supervisors, the developer, Shapell Industries of
Northern California, A Division of Shapell Industries, Inc., a Delaware Corp., shall retain the
drainage improvements for maintenance and ownership during the warranty period.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$4,300.00 cash deposit(Auditor's Deposit Permit No.432511,dated October 7, .
2004)made by Shapell Industries of Northern California and the performance/maintenance surety
bond rider for $63,645.00, Bond No. 929299765 issued by National Fire Insurance Company of
Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code
until release by this Board.
All deposit permits are on file with the Public Works Department.
S' i ��� DA-0029, Gale Ranch 111
� R 6xR-60-f su,6 g3d6
INCREASE -DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 929 299 765 issued by the
National Fire Insurance Company of Hartford as
Surety, on behalf of Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp. of
Milpitas,CA hereinafter referred
to as the Principal,•and in favor of County of Contra Costa
of Martinez,CA , hereinafter
referred to as the Obligee, effective the 29th day of September 2004
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 5th day of September 2006 and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby "DECREASED** from the sum of
Four Hundred Twenty Four Thousand Three Hundred No/100*** Dollars($ 424,300.00'** },to the
sum of Sixty Three Thousand Six Hundred Forty Five No/100*** Dollars ($ 63,645.00*** ),
IT IS 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 Four Hundred Twenty Four Thousand Three Hundred Noll 00*** Dollars ($ 424,300.00*** ),
or for any loss occurring subsequent to said date shall not exceed the sum of
Sixty Three Thousand Six Hundred Forty Five Noll 00*** Dollars ($ 63,645.00*** �.
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'dumulative liability.
SIGNED, SEALED AND DATED this 7th day of September, 2006
Accepted By: Shapell industries of Northern California,a Division of Shapell Industries,Inc.,
Court of Contra sta A Delaware Corpora on
(Principal)
By — By (Seal)
s Sec.
By ' (Seal)
RoberD. Moore, Asst. V.P.
National Fire Insurance Company of Hartford
(S fety)
Form F4763 � ��/ /j
Byl i% �� , e�a— (Seal)
Pamela L. Stocks, Attnrna,,
State of California
County of Los Angeles
On September 7,2006 before me, Sandy Hanner-Notary Public
Date NAME, TITLE OF OFFICER., 'JANE DOE. NOTARY PUBLIC'
personally appeared Pamela 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 person(s) whose name(&) is/2m subscribed to the within instrument and acknowledged to me that
he/she/%ft executed the same inti&/her/SfftRk authorized capacity0w), and that by kwherlt-**
signature(s) on the instrument the person(f), or the entity upon behalf of which the person(%) acted,
executed the instrument.
WITNES my hand and official seal.
SWWNER _—
CommInIfssion M 1672602
Notary"Ic -Colltomlo j SIGNA RE OF NOTARY
Las Angeles County
MV corrin.=*A 2,2010
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
NUMBER OF PAGES
( x ATTORNEY-IN-FACT
(_) TRUSTEE(S)
( _) GUARDIAN/CONSERVATOR
(� ) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(JES)
National Fire Insurance Company of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
a•wT.2e•e
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 Harmer,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,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 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.
GAS tT q, Continental Casualty Company
Y Q85 �F National Fire Insurance Company of Hartford
OAAre ' �+�°�01n*to �t American Casualty Company of Reading, Pennsylvania
$ $ JURY]t,
Ou SEAL '} < Isot
test NpgtF ar' �—
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•
MARIA M.1EOIMA ;
Notry W Wk,ttua of I . /��%' `O"V"-"' • �/t,��fA�/�/
iµl Caenuwia,Ewiw 7n11sAfY
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
7th dayof September 2006---.
GAsuttr �wqq Continental Casualty Company
National Fire Insurance Company of Hartford
F rAWOPAre S rt�"ORijrte American Casualty Company of Reading, Pennsylvania
$ )WY tl,
�u SEAL
t aei Q`' MaatF • dr`
Mary A. ika .kic
Form F6953-11/2001
Authorizing By-Laws andjResolut>tons
u :
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 D h
Company. 'rector's or
"Article IX-Execution of Documents
Section 3. Appointment of Attomey-in-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Grolip'Vice -.
President may, from time to time, appoint by written certificates attomeys-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 attomeys-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 thererto. The Chairman of the Board of Directors,the President or any Executive,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 following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 171'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 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 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 VI—Execution of Obligations and Appointment of Attorney-In-Fact
Section 2. Appointment of Attomey-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 attomeys-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 attomey-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 17'"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 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 of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article VII—Execution of Documents
Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President of any Executive or Senior Vice President
may,from time to time,appoint by written certificates attomeys-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 Chairman of the Board of Directors, the President or any Executive,Senior 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 following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17'"day of February, 1993.
"RESOLVED: 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 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 sealed,shall with respect to any bond or undertaking to which it is attached,continue to
be valid and binding on the Corporation."
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� CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On September 12,2006,before me, Janice T.Kruse,Notary Public personally appeared
Robert D. Moore and Ken Cox known to me to be the persons whose name are
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities, and that by their signature on the instrument,the persons or
the entity upon behalf of which the persons acted, executed the instrument.
JANICE T.KRUSE ITNESS my hand and official seal.
_ CommissIon# 1597426 / Zy
-e Notary Pub➢c•Calitomia \ ✓ ^-.R� SS
Santa Clara County
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MyComm.EXPIW Aug 2a.2 �� Signa e of Notary Public
Optional Information
Title or Type of Document: Decrease Rider DA-0029, Gale Ranch III
3
33 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shanell Industries,Inc.
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