HomeMy WebLinkAboutMINUTES - 09122006 - C.10 (2) CONTRA COSTA Co Recorder Office
STEPHEN L, WEIR, Clerk-Recorder
Recorded at the request of: �. DOC— 2006-02$9496-00
Contra Costa County SEP 13, 2006 11:14:24
Board of Supervisors Wednesday,
Return to: FRE $0.00
Public Works Department Ttl Pd $0,00 Nbr-0003400518
1 1'C R9/1—>6
Engineering Services Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
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Adopted this Resolution on Septenlbler 12, 2006 by the following vote:
AYES: Uilkenia, Piepho, DeSaulnier, Gllvver and Gioia
NOES: None
ABSENT': None i
ABSTAIN: None
-I--- RESOLUTION NO. 2006/ 38
SUBJECT: Accepting completion of improvements for Goldenbay Avenue, Road Acceptance
03-01156, (cross-reference Subdivision 99-08306), for project being developed by
Shapell Industries of Northern California,A Division of Shapell Industries,Inc.,San
Ramon (Dougherty Valley) area. (District III)
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The Public Works Director; has notified this Board that the improvements for Road
Acceptance 03-01156(cross-reference Subdivision 99-08306)have been completed as provided in
the Road Improvement Agreement with Shapell Industries of Northern California, A Division of
Shapell Industries, Inc., heretofore approved by this Board;
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G:\EneSvc\60\2006\09-12\RA 03-1156 B045 DV(RA).doc
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Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Teri Ric 363)
Recording to be completedfeted by 0013 action taken and entered on the minutes of the Board of
I.D.95-2578030 Supervisors on the date shown.
cc: Public Works Construction Div.
P.Tchancy,M&T lab
1.Bergeron,Mapping Div.I ATTESTED:
j T.Ric,Engineering Svc. I JOHN CULLEN Jerk of the Board of Super-visors and
T.—July 12,2007 p
Sheriff-Patrol Div.Commander County Administrator
CHP,c/o Al
CSAA—Cartog
iChris Low,City of San Ramon
2222 Camino Ramon San Ramon,CA 94583 By , Deputy
Shapell Industries of Northern California
100 N.Milpitas Blvd. i
I Milpitas,CA 95035
Attn:S.Wordcn and S.Savage
National Fire Insurance Company
2355 E.Camelback Road,Suite 500
Phoenix,CA 85016
Attn:Pamela Stocks
RESOLUTION NO.2006/ v�3CP
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SUBJECT: Accepting completion lof improvements for Goldenbay Avenue, Road Acceptance
I 03-01156, (cross-reference Subdivision 99-08306), for project being developed by
Shapell Industries of Northern California,A Division of Shapell Industries,Inc.,San
i Ramon (Dougherty Valley) area. (District III)
DATE: September 12, 2006
PAGE: 2
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1 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of September 12,2006 thereby establishing the six-month terminal period for the filing of liens in
case of action under said Road Improivement Agreement:
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DATE OF AGREEMENT NAME OF SURETY
December 6, 2005 I National Fire Insurance Company
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1 BE IT FURTHER RESOLVED the payment (labor and materials) surety for$753,700.00,.
BondNo. 929 348 492 issued by the above surety be RETAINED for the six-month lien guarantee
period until March 12,2007, at which time the Clerk of the Board is AUTHORIZED to release the
surety less the amount of any claims i n file.
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BE IT FURTHER RESOLVED that Goldenbay Avenue, 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 47-49, Official Records of Contra Costa
County, State of California, are ACCEPTED AS COMPLETE.
Road Name i Road-R/W Widths Lengths (Miles)
Goldenbay Avenue 140'/60'-64' 0.50
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Upon acceptance by the Board of Supervisors, the developer, Shapell Industries of
Northern California,A Division of Shapell Industries,Inc.,shall retain the road improvements for
maintenance and ownership during the warranty period.
1 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the 515,100.00 cash'deposit(Auditor's Deposit Permit No.443858,dated May 5,
20051)made by Shapell Industries of Northern California,and the performance/maintenance surety
bond!rider for$223,845.00,Bond No. 929 348 492 issued by National Fire Insurance Company be
RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release
by this Board.
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All deposit permits are on file with the Public Works Department.
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i RESOL U7 ION NO: 2006/,3`
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Duplicate Original i Signed August 9,2006
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SURETY 1156 X Ref SUB 8306,Gale Ranch III JwA,%
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i INCREASE.- DECREASE RIDER
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TO BE ATTACHED TO and form part of Bond Number 929 348 492 issued by the
National Fire Insurance Company of Hartford as
Surety,on behalf of Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp. of
Milpitas,CA , hereinafter referred
to as the Principal,and in favor of County of Contra Costa
of Martinez, CA , hereinafter
referred to as the Obligee,effective the 119th day of April 2005
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IN CONSIDERATION of the premium cha ged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 3rd day of November 2005 and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby "DECREASED" I from the sum of
One'Milfion Four Hundred Ninety Two ThousandlThree Hundred No/100 Dollars($ 1.492,300.00"' ) to the
sum of Two Hundred Twenty Three Thousand Eight Hundred Forty Five No/100 Dollars($ 223,845.00''• )
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IT IIS 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 One Million Four Hundred Ninety Two Thousand Three Hundred Noll 00 Dollars($ 1,492,300.00"' )
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or for any loss occurring subsequent to said date shall not exceed the sum of
Two Hundred Twenty Three Thousand Eight Hundred Forty Five No/100 Dollars($ 223.845.00"` ),
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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 3rd day of November.2005.
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Accepted By: I Shapell Industries of Northern California, a Division
Court of Contra to of Shapell I ustr' s, Inc., a Delaware Corp.
(Principal)
BY By (Seal)
i K in, OX
sst. Sec.
11 i By (Seal)
Robert D. Moore, Asst. VP
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I j Insurance Company of Hartford
Form F4763 I ( i'
I gy �v► G.l (Seal)
Pa-meta L. Stocks, Attorney-in-Fact
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
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Know All Men Byj 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 exising 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 HanneIr,Gina O'Shea,Individually
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of Sherman Oaks,CA,Itheir 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,undertaklings and other obligatory instruments of similar nature
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-In Unlimited Amounts-
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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.
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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.
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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�IOth day of March,2006.
Continental Casual Com an
G"s�<ry �wsuR4,�� 0e National Fire Insurance Company of Hartford
iW GOA°ORATEI S oa11 American Casualty Company of Reading, Pennsylvania
a JULY III
Ou SEALC I °f� Ism I .T
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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.MEDINA
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My Commiuion Elia 911610Y
My Commission Expires March 15,2009 Maria M. Medina Notary Public
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CERTIFICATE
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I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,aft 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
9th day ofAugust 2606
CAS u��r i tMwR4 Continental Casualty Company
National Fire Insurance Company of Hartford
° rF 0
S ���!a+arro American Casualty Company of Reading,Pennsylvania
Z a JULY 3.
Ou Slo
Pj
test HA11� a d`' (.t,
47�_ —
Mary A.Rikaj@kis Assistant Secretary
Form F6853-1112001
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STATE OF California
SS.
COUNTY OF Los Angeles
On i August 9, 2006 I , before me, Gina O'Shea
PERSONAI.LY APPEARED Pamela L. Stocks
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personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are .
subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/het'/their authorized
capacity( es), and that by his/her/their signature(s) on the .:,_.. GINA O'SHEA
instrument the person(s), or the entity upon behalf of which Q" COMM. 1469157 a
1 i NOTARY i1R1M-MIFORNMA
the persoi(s) acted,executed the instruments t IpgANpEMgCOUNTY tUl V. +
21306,
WITNESS my hand and official seal. C�anrn ��
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Signature� This arra for Official Notarial Seal
Gina O'Shea
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OPTIONAL
Though the data below is not required by la.w, it may prove valuable to persons relying on the document and could
prevent,fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER I DESCRIPTION OF ATTACHED DOCUMENT
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❑ INDIVIDUAL
❑ CORIPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
X❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRU,STEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
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SIGNER IS REPRESENTING:
NAME Or PERSON(S)OR ENTITY(IES)
National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
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ID-081 Rev.6194 ALL-PURPOSE ACKNOWLEDGEMENT
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l POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
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Know All Men Byi These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an
Illinois corporation,andi 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
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Pamela L Stock's,Beverly A Hall,Sandra V Hannei•,Gina O'Shea,Individually
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of Sherman Oaks,CA,i(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
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j -In Unlimited Amounts-
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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 11 Oth day of March,2006.
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GAS try 0SUR4 cs�°01Nt& Continental Casualty Company
National Fire Insurance Company of Hartford
' aOp:OMrC ga �'� OR�rfG American Casualty Company of Reading, Pennsylvania
U SEA "� TJrI Isoz
lraa�°� • ��"
Thomas P. Stillman Senior Vice President
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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.
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'OFFICIAL SEAL- ;
MARIA M.YEDW
• Nomy wale.Ststn at Minals • l\^"
My comrts.ion E,w:•311610Y
My Commission Expires March 15,2009 Maria M.Medina Notary Public
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i 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 Therein above set forth is still in force,andl 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
9th day of August 12006 .
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GA"S�1(r ` tNSURq � Continental Casualty Company
i National Fire Insurance Company of Hartford
c�PO1u*E •`%waw )-'to a American Casualty Company of Reading, Pennsylvania
2 s IULYI>l.
t)U -
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Mary A.qikaiokis Assistant Secretary
\Form F6953-11/2001
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
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State of California
County of Santa Clara
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On August 10, 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.
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JANICE T.KRUSE
WITNESS my hand an official seal.
Commission# 15974
28 Z
Notary Public Calllornla
Santo Clara CountyL Si 'r ature of Notary Public
my Comm.Expires Aug 24,2009
g y
Optional Information
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Title or Type of Document: Decrease Rider- RAI 156, Tract 8306 Gale III
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Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shape]] Industries, Inc.
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