HomeMy WebLinkAboutMINUTES - 09122006 - C.8 (2) CONTRA COSTA Cc R VIII
STEPHEN L, WEIR C1 order Off
Recorded at the request of: ��LerNecorderice
— 2006
Contra Costa County —0289494-00
Board of Supervisors I Wednesday, SEP 13, 2006 11:14:09
Return to: FRE
Public Works Department Tl! Pd
Engineering Services Division Nbr=0003400516
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 12, 2006 by the following vote: .
AYES: Uilkenia, Piepho, DeSaulni r,Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006/X36
SUBJECT: Accepting completion of improvements for Ivyleaf Springs Road,Road Acceptance
03-01153, (cross-reference Subdivision 99-08306), for project being developed by
Shapell Industries of Northern California, San Ramon (Dougherty Vallcy) area.
(District III)
The Public Works Director has notified this Board that the improvements for Road
Acceptance 03-01153 (cross-reference Subdivision 99-08306)have been completed as provided in
the Road Improvement Agreement with Shapell Industries of Northern California, heretofore
approved by this Board;
G:\EngSvc\BO\2006\09-12\RA 03-1153 60135 DV(RA).doc
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Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
ContaRecording
Teri Rip feted 363)
y C action taken and entered on the minutes of the Board of
Itccording to be completed by 0013
I.D.95-2578030 Supervisors on the date shown.
cc: Public Works Construction Div.
P.Tchancy,.M&T Lab
1.Bergeron,Mapping Div. ATTESTED:
T.Rie,Engineering Svc. JOHN CULLEN, Jerk of the Board of Supervisors and
T.–May 25 2007 p
Sheriff-Patrol Div.Commander County Administrator
CMP,c/o AI
CSAA–Cartog
Chris Low,City of San Ramon
2222 Camino Ramon San Ramon,CA 94583 By , Deputy
Shapell IIonics of Northern California
100 N.Milpitas Blvd.
Milpitas,CA 95035
Attn:S.Savage and S.Worden
.National Fire Insurance Company of Hartford
5830 Canoga Avenue,Suite 200
Woodland Ilills,CA 91367
RESOLUTION NO.2006 �3
SUBJECT: Accepting completion of improvements for Ivyleaf Springs Road,Road Acceptance
03-01153, (cross-reference Subdivision 99-08306), for project being developed by
Shapell Industries ofi Northern California, San Ramon (Dougherty Valley) area.
(District I1I)
DATE: September 12, 2006
PAGE: 2
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 Improvement Agreement:
DATE OF AGREEMENT I NAME OF SURETY
April 19, 2005 National Fire Insurance Company of
Hartford
BE IT FURTHER RESOLVED the payment (labor and materials) surety for$639,900.00,
Bond No. 929 299 766 issued by the above surety be RETAINED for the six month lien guarantee
period until March 12,2006,at which time the Clerk of the Board is AUTHORIZED to release the
surety less the amount of any claimsi on file.
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BE IT FURTHER RESOLVED that Ivyleaf Springs Road, 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 Road-R/W Widths Lengths (Miles)
Ivyleaf Springs Road 52'/72'-77' .35
Upon acceptance by the Board of Supervisors, the developer, Shapell Industries of
Northern California, shall retain the iroad improvements for maintenance and ownership during
the warranty period.
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BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$12;800.00 cash deposit(Auditor's Deposit Permit No.433 467,dated October
251 2004) made by Shapell Industries of Northern.California, and the performance/maintenance
surety bond rider for $190,050.00,1 Bond No. 929 299 766 issued by National Fire Insurance
Company of Hartford be RETAINED pursuant to the requirements of'Section 94-4.406 of the
Ordinance Code until release by this Board.
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All deposit permits are on tile with the Public Works Department.
RESOLUTION NO. ?0061�3:�
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Duplicate Original—Signed August 9,2006
CNASURETY RA-1153, Ivyleaf Springs Road,XREF SUB 8306
INCREASE -DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 929 299 766 issued by the
National Fire Insurance Company of Hartford ,as
Surety,on behalf of Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp. of
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Milpitas,CA ,hereinafter referred
to as the Principal,and in favor of County of Contra Costa
of Martinez.CA , hereinafter
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referred to as the Obligee,effective the 30th day of September 2004
IN CONSIDERATION of the premium.charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective theI 3rd day of November 2005 ,and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby "DECREASED" � from the sum of
One Million Two Hundred Sixty Seven Thousand Noll 00 Dollars($ 1,267,000.00*`* ),to the
sum of One Hundred Ninety Thousand Fifty Noll 00 Dollars($ 190,050.00*** )
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 One Million Two Hundred Sixty Seven Thousand Noll 00 Dollars($1.267,000.00*** ),
or for any loss occurring subsequent to said(date shall not exceed the sum of
One Hundred Ninety Thousand Fifty No/100 Dollars($190.050.00*** ),
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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 cumulativeliability.
SIGNED,SEALED AND DATED this 3rd i day of November,2005.
Accepted By: Shapell Industries of Northern California,a Division
Court of Contra Cost I of Shapell Industr' s, Inc., a Delaware Corp.
(Principal)
By By (Seal)
K / Asst. Sec.
By (Seal)
Robert D. Moore, Asst. VP
Nationztfire Insurance Company of Hartford
(S rely) r
Form M63
Pamela L.Stocks, 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 theif 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 Stocks,Beverly A Hall,Sandra V Hann[er,Gina O'Shea,Individually
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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 d similar nature
-IIn 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 al l 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 corporal ions.
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.
OaSll��r u►stJR4 Continental Casualty Company
National Fire Insurance Company of Hartford
ea+Po►urF cowoaar�o American Casualty Company of Reading,Pennsylvania
s JULY 11,
1897 J+al %r
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.MEDW
Notary Pubk,State of KWAft
My Comriuion Ewu 7/16Ai
My Commission Expires March 15,20019 Maria M. Medina Notary Public
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fife 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 of 1191Gt 2006 .
GASrNwRq Continental Casualty Company
� National Fire Insurance Company of Hartford
Jf' coRPO"u*e Cb
S�McaLat�o American Casualty Company of Reading, Pennsylvania
� v
ZO a JULY 11,
u SEAL MZ
���e97 NA ` • Q
Mary A. R�ikafjkis Assistant Secretary
Form F6853-11/2001
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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 following By-Law duly adopted by•the Board of Directors of the
Company.
"Article IX—execution of Documents
Section 3'. Appointment of Attorney-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 attorneys-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 Attomey 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 171h day of February, 1993.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the sea] 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 beating 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 puisuant 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 Attorney-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 attorneys-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 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-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 I 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 Ithe 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 Attomey-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 attorneys-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 powerand authority previously given to any atti mey-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, 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 facsl imiie 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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STATE OF California
SS.
COUNTY;OF Los Angeles I
b
On I August 9, 2006 before me, Gina O'Shear
I �
PERSONALLY APPEARED Pamela L. Stocks
I
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose narne(s) is/are
subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their silgnature(s) on the
instrument the person(s), or the entity upon behalf of which GINA.O'SHEA
the person(s) acted, executed the instrument. COMM. 1489157
i � awn►w�etxrx�awu► .
lOS Af10ELE.6 COUNT1r
WITNESS my hand and official seal. IM�r Canrn.Eapins tib.7.2008
Signature This area for Official Notarial Seal
Gina O'Shea
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
11
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF HRSON(S)OR ENTITY(IES)
National Fire Insurance Company of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev.6/94
ALL-PURPOSE ACKNOWLEDGEMENT
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
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.
JANICE L159 7428
Commission# 159WITNESS my hand and official seal.
r..
-i Notary Public-Califomia
Santa Clara County
MY Expires 24'200 Signature of Notary Public
Optional Information
Title or Type of Document: Decrease Rider-RAI 153, Tract 8306 Gale III
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shanell Industries, Inc.
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