HomeMy WebLinkAboutRESOLUTIONS - 08152006 - 2006-503 CONTRA COSTA Co Recorder Office
Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder
Contra Costa County DOC— 2006-0259828-00
Board of Supervisors
Return to: Wednesday, AUG 16, 2006 10:55:24
Public Works Department FRE $0.00
Engineering services Division Tt 1 Pd $@.0@ Nbr-0003366056
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THE BOARD OF SUPERVIS 1 RS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 15, 2006,by the following vote:
- AYES: Uilkema,Piepho,DeSanlnier, Glover and Gioia
NOES: . None
ABSENT: None
ABSTAIN: None
-_ -- - ---- -- - _ - —-- ___--- --RESOLUTION NO. 2006/ 5
SUBJECT: Accepting completion of improvements for Gale Ranch Detention Basin, Drainage
Acceptance 00-000041 (cross reference Subdivision 95-07984), 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 111)
These improvements are approximately located near Stoneleaf Road.
t The Public Works Director has notified this Board that the improvements for Drainage
Acceptance 00-00004(cross reference Subdivision 95-07984)have been completed as provided in
the Drainage Improvement Agreement with Shapell Industries of Northern California, heretofore
approved by this Board;
G:\EngSvc\BO\2006\08-15\DA 00-0004 BO-45 DV(DA).doc I hereby certify that this is a true and correct copy of an
iginator: Public Works(ES)gZ
Oraction taken and entered on the minutes of the Board of
Ori
Contact: Teri Rie(313-2363) Supervisors on the date Shown.
Recording to be completed by COS I
`
I.D.95-2578030 A�-
cc: Public Works -A.Bell,Construction Div. I ATTESTED:
-P.Tehaney,M&T Lab JOHN CULLEN, Cler of the Board of Supervisors and
-1.Bergeron,Mapping Div.
-T.Rie,Engineering Svc. County Administrator
-T.—June 15,2007
Sheriff-Patrol Div.Commander
CHP,c/o Al
CSAA-Cartog By , Deputy
Chris Low,City of San Ramon
2222 Camino Ramon,San Ramon,CA 94583
S.Warden&S.Savage,Shapell Industries of Northern California
100 N.Milpitas Blvd,Milpitas,CA 95035
National Fire Insurance Company of Hartford
21650 Oxnard Street,#600,Woodland Hills,CA 91367
KESOLUI ION NO.2006/ 5013
d•
�6
SUBJECT: Accepting completion of improvements for Gale Ranch Detention Basin,Drainage
Acceptance 00-00004 (cross reference Subdivision 95-07984), 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: August 15, 2006
PAGE: 2
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NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of August 15, 2006 thereby establishing the six-month terminal period for the filing of liens in
case of action under said Drainage Agreement:
DATE OF AGREEMENT] NAME OF SURETY
September 17, 2002 i National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment(labor and materials) surety for$450,000.00,
Bond No. 929 263 038 issued by the above surety be RETAINED for the six month lien guarantee
period until February 15, 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 Gale Ranch Detention Basin,the hereinafter described
public improvements, as shown and dedicated for public use on the Final Map of Subdivision 95-
07984, filed October 28, 2002, in Book 448 of final maps at Page 29, Official Records of Contra
Costa County, State of California, are 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 during the warranty period.
BE IT FURTHER RESOLVED that beginning of the warranty period is hereby
established, and the$9,000.00 cash deposit(Auditor's Deposit Permit No. 391840, dated August
22,2002)made by Shapell Industries'of Northern California,a Division of Shapell�Industries,Inc.,
a Delaware Corp., and the performance /maintenance surety bond rider for-$133,650.00,Bond No.
929263038 issued by National Fire Insurance 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.
RESO L UTION NO. 2006/563
CMA
SURETY DA-0004(XREF SUB 7984)
Gale Ranch II
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and#orm par929263038
L of Bond Numberissued by the
National Fire Insurance Compal 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 Ciounty of Contra Costa
of Martinez, CA hereinafter
referred to as the Obligee, effective the 7th day of August 2002 .
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 24th day of JUIY 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** 1 from the sum of
Eight Hundred Ninety One Thousand No/100*** Dollars($891,000.00**' ),to the
sum of One Hundred .hirty�Three�Th 'usandSix Hundred Fifty No/1Q0*** Dollars($ 133,650.00*** ),
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 Eight Hundred Ninety One Thousand No/100*** Dollars ($ 891,000.00*** )
or for any loss occurring subsequent to said date shall not exceed the sum of
One Hundred Thirty Three Thousand Six Hundred Fifty Noll 00*** Dollars ($ 133,650.00*** ).
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 26th day of July, 2006
Accepted By. Shapell Industries of Northern California,A Dvision of Shapell Industries, Inc.,
A Delaware rporation
County of Con a C s6 to
Pr' cipal)
BY By
on Mann, Asst. Sec.
By li (Seal)
Robe t D. Moore, Asst. V.P.
Nationa Insurance Company of Hartford
Farm F4763 (Surety)
_(Seal)
Pamela L. Stocks, Attorney-in-Fa;,t
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men-By These-Presents;That Continental-Casuahy Company;an-Illinois°corporation;-National-Fire-insurance Company ofHartford,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 Banner,Gina O'Shea,Individually
i
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 4s 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 co'Irporations.
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.
eASty�T VASUq o, Continental Casualty Company
, F National Fire Insurance Company of Hartford
°RArE 9 S.�0Rf0�tEe American Casualty Company of Reading,Pennsylvania
a /VLY 71,
OU SEAL'
1897 MAR* •
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 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 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.1 ED NA ;
� My Cpmi.ron Emiw 3/16,09 Yk
My Commission Expires March 15,2009 Maria M. Medina Notary Public
1 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 sea]of the said corporations this
26th dayofJly _(IQQS2_•
w Wer tMSllgq o,` Continental Casualty Company
'�.� ° National Fire Insurance Company of Hartford
rplwowrf � �Mtpwrro American Casualty Company of Reading,Pennsylvania
Fv
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1891 MA71h •
Mary A.R(bikai@kis Assistant Secretary
Form F6853-1112001
I
State of California
County of Los Angeles
On July 26, 2006 before me. Sandy Hanner- Notary Public
Date NAME. TITLE OF OFFICER., VANE DOE. NOTARY PUBLIC-
personally
UBLICpersonally 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(*) islors subscribed to the within instrument and acknowledged to me that
he/she/t#1AA<Jk executed the same lin*)is/her/3t eir authorized capacity(ies), and that by hWher/#*#
signature(s) on the instrument th'e person(g), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS hand and official seal.
WVY WMR I
CommAMon tr 1672602 SIGNATURE OF NOTARY
Notary Rtlwc -CaNf&M _
LW Angelo Cc^ OPTIONAL
,10 CM .0 2.1 2010
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
I
TITLE(S) TITLE OR TYPE OF DOCUMENT
(_) PARTNER(S) (_) LIMITED
(—) GENERAL
NUMBER OF PAGES
(_ _)
ATTORNEY-IN-FACT
TRUSTEE(S)
(,) GUARDIAN/CONSERVATOR
(�) OTHER
1 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
0.107426.8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Say,ia' c(aYa ss.
On �Jtti�11a�/ab0� before me, Saro�nSa�o� 1 N��ar� P�-b�tc.
Date I Name and Ttle of Officer(e� "Jane Doe,Notary Public
personally appeared �6V1VI(e RLC%s-1M r lann �OID��+ �, M60✓re ,
i Names)at Signer(s)
I
personally known to me
❑ proved to me on the basis of satisfactory evidence
SARON SAVOY to be the person(s) whose name(s) is/are subscribed
Commission#1445141 to the within instrument and acknowledged to me that
f Notary Public-California he/she/they executed the same in his/her/their
N Santa Clara County
My Comm.ExpiresOct 13,2007 authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
W TNESS my han and official seal.
i
Place Notary Seal Above
ignature of Nqjlry Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: I Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Sign'er(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s}: ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact Top of thumb here ❑ Attorney In Fact Top of thumb here
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
I
m 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
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