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HomeMy WebLinkAboutMINUTES - 08152006 - C.27 (2) �11111i1 111 l 111 11 111 111 11 11 11 l 111111 l 1111 l 11 111 111 CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L. WEIR. Clerk-Recorder Car:-aCl-_-Cot; ;= DOC— 2001-0259834-00 B�__.d ef sc-jtr.::ors Return to: Wednesday, AUG 16, 2006 10:57:58 Pc-�.:c ory Depart:era FRE $0.00 Ttl Pd $0.00 Nbr-0003366065 lrc/R9/1-8 I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA :adopted this Resolution on August 15. 2006 by the following rote: AYES: Uilkema. Piepho. DeSaBlnier. Ginter and Gioia ' NOES: None ABSENT: None ABSTAIN: None --- - RESOLUTION NO. -7006/' ,5/6 SUBJECT: :accepting completion of improvements, Subdivision 04-05941, for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District lII) These improvements are approximately located near Camino Tassajara and Lusitano. The Public«"orks Director has notified this Board that the improvements in Subdivision 04- OS941 have been completed as provided in the Subdivision :agreement with Shapell Homes, a Division of Shapell Industries. Inc., a Delaware Corp., heretofore approved by this Board in conjunction with the filing of the Subdivision Map. G-F:2Sce&C:';Of" -:_5D :;_:;;4-: BO DV"co T3:�z ori_inator: I hereby certify that this is a true and correct copy of an Contact: -e:iR`.ei-=:_=_o=-i action taken and entered on the minutes of the Board of Recording to be completed be COB I.D.9=-__-s_,_,; Supervisors on the date shown. cc: Pjblic We k- -A-Btll.Con. tructiar -P.T:=a-e M&T Lz� i -I.Btr err.\:zfPir_D:-,. ATTESTED: -T.R:,- _`_`cetrra"`. JOHN-CULLEN, Clerk the Board of Su er-isors and T.-J,-.e F. p shtr:: Par: c.,.:. County Administrator CHP.c o Al CSAR-Caro- ChES L_-::.Ci-'-o:ger.Rc 21�1 , San Ramo-.CA 94�S_ - ----Car...T..Rarc. BV -, Deputy Chzaz-:1-10-71-5 I lt;\.N:ilpi:a_BA14. CA 9501� Acn:S.watizn FI'--:rsu-zact Ctrpan.--.' rk.: Ha - ---- _.Ca tlb::ck RozS_to-- Phoen.x-AZ 94,_6 i Ac--Pa.­I ;z S:acs RESOLUTION NO.2006, I I i i SUBJECT: Accepting completion of improvements. Subdivision 04-08941, for project being developed by Shapell Homes. a Division of Shapell hldustries. Inc., a Delaware Corp._ Danville area. (District I1I) DATE: Auvust 15. =006 PAGE: v I i NOR"THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of August 15. 1-006�6 thereby establishing the sit-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF SURETY December 20. 2211005 National Fire Insurance Company of Hartford BE IT FLRTHER RESOLVED the payment (labor and materials) surety for S'56.160.00. ! Bond No. 929 -0 780 issued by the above surety be RETAINED for the sit month lien guarantee i period until Februan- 15. 2006. at which time the Clerk of the Board is AUTHORIZED to release the surer-less the amount of ani claims on file. i I BE IT FURTHER RESOLVED that Cashmere Street for the hereinafter described public i roads. as shown and dedicated for public use on the Final Map of Subdivision 04-OS941 filed � December 2S. 2005, in Book 48- of final maps at Page 1-3. Official Records of Contra Costa Counn-. State of California. are ACCEPTED and DECLARED to be County Road(s). Road Name Road-RSV Widths Lengths(Milesi Cashmere Street =6'-56.0` 11 miles I Upon acceptance b}-the Board of Supervisors.the developer. Shapell Homes.a Division ! of Shapell hidustries. hic.. a Delaware Corp.. shall retain the subdivision 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 S?.100.00 cash deposit(Auditor's Deposit Permit\o.452'-1.dated October 4. =005) made by Shapell Homes. a Division of Shapell Industries. Inc.. a Delaware Corp.. and the perforntance maintenance surety bond rider for S-6.OSO.00. Bond No. 9_'9 2'0 _'SO issued b}' 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. i All deposit permits are on file,,with the Public Works Department. RESOLUTIO_ -A-0. 2006115/G i CNA SURETY Tract 8941 11 B INCREASE - DECREASE RIDER i -G ATTACi ED TC a:c fcr^i part of Bond Numbe 929 270 280 issues cY e National Fire Insurance Compaq o-'Hartford .as Surety, pr be:alf o` Shapell Homes. a Division of Shapell Industries. Inc.. a Delaware Corporation. Ulpitas.CA hereinaf;e-reszrredd to as'.Ile ?r:ncioa•.. and in favor o` County of Contra Costa o= Martinez. CA here-a`er rete-red to as tree Ooligee, effective the "5th day of September . 2005 IN CNSIDERATIO'S o`t^e oremiurr charged `or the =«ached gond and o':er gcoc and va'uab a corsicerato- is understood anc agreed that effective the 24th day o- J::ly 2006 .anc. sub:ect :o a-1 the -.e-.ms. condi-io-is and iimi;a:fors o- :.'le a ac ned bond. the oena! sum -.hereof sna1_ be ary the same is hereby "DECREASED" _ f-om t-e sj.T of Five Hundred Seven Thousand Two Hundred Nol00' Dom.ars f5 507.200.00' - t.ie sum of Seventy Six Thousand Eighty Noll 00"' Dcliars ;S 76.080.00"' I IT :S FJRTHER JNDERSTOOD and ag-eed that sub;ec; to ail the terms conditions and rmitat ons o- the attached cond. the agg-ecate HaDlilty of ;he Surety fo• ar.y ioss occurring or:or to said date sgai not exceea Je i su-„ o- Five Hundred Seven Thousand Two Hundred No:'100"' Dollars tS 507.200.00"' or for any ioss occurring sebsecuent to said date seal-not exceed;he sum o= Seventy Six Thousand Eighty Noll 00'** Dollars (S 76.080.00' �. In no even:- noweve-- sna" ;he acgrega e liabi.:ty o` the Surety exceed the large- of:ne a`Cremen -one-, sums. i being the Intent he-eof to preclude cumu.aave I;abiii:y- SIGNED, SEALED AND D:7TED this 24t-i day c` July. 2006 I Acdepted By: of el Homes: a Djvisi o: Shapeli Industries, inc.. e' County of Con a sta A Dei are Comoration i - l ,Jb�./1r✓��P/-.c /`-�: By _ 3y7tel^S-al Bonnie �1! &nr:, Asst. Sec. BV Robert D. Moore, Asst. VF ,Naiiona! Fire �surarce Company o`Hartfor c y jL Paine a L. STOCKS. Ater`= POWER OF ATTORNEY APPOINTING INDIVIDtiAL ATTORNEY"-IN-FACT i Knots All Men By These Presents.That Continental Casuaay Company,an Illinois corporation.National Fire Insurance Company o:Hartford.ar. Illinois corporation.and American Casualty Company of-Reading.Pennsylvania,a Pennsylvania corporation therein called".he CNA Companies-j.are duly organized and existing corporations having their principa;offices in the City of Chicago,and State of Illinois,and that they do by virtue ofte signatures and seals herein affixed hereby make,constim:e and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually i of Sherman.Oaks,CA.their true and lawful At'omey(s)-in-Fact with lull power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,underakines and other obligatory instruments of similar nature I -In Unlimited Amounts- I 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. CAS ut�r 01SURatContinental Casualty Company X81 q�F ,0 �� National Fire Insurance Company of Hartford iw rpn•owrr S.*9W0rkrro -R American Casualty Company of Reading. Pennsylvania ZO 2 a JULY 71. U Sm t T1I 1xz 1897 MAP • - Thomas P. Stillman Senior Vice President State of Illinois.Count o:Cook,ss: On this 10th day of March,2006.before me personally came Thomas P.Stillman to me known,who,being by me duly swom.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 Iamois corporation. National Fire Insurance Company of Hartford,an Illinois corporation.and American Casualty Company of Reading.Pennsvh-ania.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.MEOW : Hmw was,sun or ewer • `) /L�1/—IL./ �,.��^^`^� I i MY Conntitr•n Tapia 3/16109: My Commission Expires March 15,2009 Maria M. Medina Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretar:of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford.an Illinois corporation.and American Casuals 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 stili in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 24th davof 3uly 1006 r,ASLtq�r 04SUq4 Continental Casualty Company 2�tsF fi National Fire Insurance Company of Hartford i cPR°ON"re S 11t09r01yr4n American Casualty Company of Reading.Pennsylvania s JULY 11. , I yy v OU SEAL csye 1972 �T - 1a97 MARS • dt'Q Mary A.qikaiokis Assistant Secretary Form F6853-11:`2001 • I State of California County of Los Angeles On July 24. 2006 before me. Sandy Hanner-Notary Public oate NAME. TITL° OF OFFICER. -,;ANE OOE. NOTARY aUK C- personally appeared Pamela L- Stocks NAME(S) OF SIGNER(S) i (X) personally known to me– OR – (_) proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/gene subscribed to the within instrument and acknowledged to me that ere/she/t executed the same in phis/her/Ifxair authorized capacitygm), and that by kis1herlamir signature(s) on the instrument the person(, or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS4ny hand and off' ' I seal. SPiNdV MIMBJER i CArtvn�aton/ 1672602 // l i.�'l�i,N.'4 ' Notary Public C ° SIGNATURE OF NOTARY Las Angeles Carly My Comm.ExQYw.k12,2010 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 I TITLE(S) TITLE OR TYPE OF DOCUMENT (_) PARTNER(S) (_) LIMITED i (_) GENERAL NUMBER OF PAGES i (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 Comoany of Hertford SIGNER(S) OTHER THAN NAMED ABOVE i G-107426.9- _ I I CALIFORNIA ALL PLRPOSE ACKNOWLEDGMENT State of California Count-of Santa Clara On July 25,2006. before me, Janice T. Kruse,Notary Public personally-appeared Robert D. Moore and Bonnie Rice 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. I JMICE t.KRUSE �VITNTESS my hand and official seal. _@,,Notary Commis o # 1597428 �_ PubNC-CalifoomiaSahClaraCoycomm.ExpmAue24.2o Signature ofI�otary Public I Optional Information Title or Tepe of Document: Decrease Rider- Tract 8941/1B I Capacity-Claimed by Signer: Assistant Vice President and Assistant Secretary- of Shavell Industries, Inc. I