The URL can be used to link to this page

Home My WebLink AboutRESOLUTIONS - 10032006 - 2006-614 CONTRA COSTA Cc Recorder Office Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder Centra Costa County DOC— 2006-0317190-00 Board of Supervisors Thursday, OCT 05, 2006 13:26:16 Return to: FRE $0.00 Public Works Dep Engineering ServiceessDivision Ttl Pd $0,00 Nbr 0003432015 Irc/R9/1-7' 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/ lei L{ SUBJECT: Accepting completion of improvements for Wendt Ranch Detention Basin,Drainage Acceptance 04-00034 (cross-reference Subdivision 99-08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District I11) These improvements are approximately located near Creekview Road. The Public Works Director has notified this Board that the improvements for Drainage Acceptance 04-00034(cross-reference Subdivision 99-08381)have been completed as provided in the Drainage Improvement Agreement with Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp., heretofore approved by this Board; TR:vz G:\EngSvc\BO\2006\10-03\DA 04-0034 BO-45 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.Tehaney,M&T tab -t.Bergeron,Mapping Div. -T.Ric,Engineering Svc. ATTESTED: -T.—August 3,2007 JOHN CULLEN, Clerk of the Board of Supervisors and Sheriff-Patrol Div.Commander CHP,c/o Al County Administrator CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Shapell Homes too N.Milpitas Blvd By Deputy Milpitas,CA 95035 Attn:S.Savage and S.Worden National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela L.Stocks RESOLUTION NO.2006/ (og 1 SUBJECT: Accepting completion of improvements for Wendt Ranch Detention Basin,Drainage Acceptance 04-00034 (cross-reference Subdivision 99-08381), for project being developed by Shapell Homes, 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 December 6, 2005 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for$9,700.00, Bond No. 929270278 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 Wendt Ranch Detention Basin,the hereinafter described public improvements, as shown and dedicated for public use on the Final Map of Subdivision 96- 08002,filed April 12,2002,in Book 441 of final maps at Page 46,Official Records of Contra Costa County, State of California, is ACCEPTED AS COMPLETE. Upon acceptance by the Board of Supervisors,the developer, Shapell Homes,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 $1,000.00 cash deposit (Auditor's Deposit Permit No. 451385, dated September 19, 2005)made by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp,, and the performance/maintenance surety bond rider for $2,760.00, Bond No. 929270278 issued by National Fire Insurance Company of Hartford be"RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. CMA SURETY DA-04-00034 x Ref SUB 8381 Alamo Creek INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 270 278 issued by the National Fire Insurance Comoany of Hartford as Surety, on behalf of Shapell Homes,a Division of Shapell Industries, Inc.,a Delaware Corp. of Milpitas, CA hereinafter referred to as the Principal, and in favor ofCounty of Contra Costa of Martinez, CA hereinafter referred to as the Obligee, effective the 8th day of September 2005 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 5th day of September 2006 , and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby "DECREASED" _ from the sum of Eighteen Thousand Four Hundred No/100*** Dollars ($ 18,400.00*** ), to the sum of Two Thousand Seven Hundred Sixty No/100*** Dollars ($ 2,760.00*** ). 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 Eighteen Thousand Four Hundred No/100*** Dollars ($ 18,400.00*** ) or for any loss occurring subsequent to said date shall not exceed the sum of Two Thousand Seven Hundred Sixty No/100*** Dollars ($ 2.760.00*** }. 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 cumulative liability. SIGNED, SEALED AND DATED this 5th day of September, 2006 Accepted Shapell Homes,A Division of Shapell Industries,Inc., A Delaware Corporation County%ConCos _ ^� (Principal) By — — By _ ` (Seal) Y-c C By V"P? _ (Seal) Pck��✓ � � . �hloo:el 4�SCt v_ p. Nati al Fire surance Company of Hartford Y) Form F4763 !i "� I ,(•Sur By l , /Z �_` (Seal) Pamela L. Stocks, Attorney-in-Fact 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 6otporation,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 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 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. C^S�tp 1NSeJRq au Continental Casualty Company National Fire Insurance Company of Hartford opp ourF �4 S�t�p1pR+rre American Casualty Company of Reading, Pennsylvania � c y> a JULY 71, qa O $FILL T ,,�, . e 1902ar.7 7997 HARTIr • Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this loth 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. j 'OFFICIAL SEAL' j MARIA M.MEDM ( 7 •i Public,Sub of Mr," My Co .wen Emmis 8/15IO • • `erg My Commission Expires March 15,2009 Maria M. Medina Notary Public CERTIFICATE 1,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 5th day of September 2006. GAS UI(T 1114SUR4 a Continental Casualty Company National Fire Insurance Company of Hartford rW0AAre sNcoar9Rarro American Casualty Company of Reading, Pennsylvania �u SEAL JULY 11, ,g °�• � � tsu a 199T � J1Aptftt� • Mary A. Rtiika0kis _ .Assistant Secretary Form F6853-11/2001 'I State of California County of Los Angeles On September 5, 2006 before me. Sandy Hanner- Notary Public Dare NAME, TITLE OF OFFICER- 'JANE OOE. 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(s) is/ems subscribed to the within instrument and acknowledged to me that ho/she/texecuted the same in*ft/her/ffxeir authorized capacitors), and that by kis/herlwmu signature(s) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESimt, and and oNi al-�eal. 61mycSANDY HP "Rt "',� �' Commftelon# 167? SIGNA RE OP NOTARY qT!nExpWwM2,2j0)0 Notary Pudic •coufomlo Lob AnpC 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(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE (3•107426.8 ../. v\.✓v W/J/ .V`.'/'..V..✓✓�✓.. :./..^v .�^ �v✓M. � � .i ✓ ./.M..J.� _ .i .. -. �,1n/.� ../^fin.✓ �✓J-., ... CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On September 6, 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 s 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. s JAMCE t KRUSE WITNESS my hand an official seal. Com 'aslon# 15 ifor Notary Public-California / Y Santa Clara County NryComm.ExpiresAug24,2009 Signature of Notary Public i Optional Information Title or Type of Document: Decrease Rider DA-04-00034, Tract 8381 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shaaell Industries, Inc.