HomeMy WebLinkAboutMINUTES - 12182001 - C.16 (2) CONTRA COSTA Co Recorder Office
Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder
Contra Costa County DDC- 2001-0394007-00
Board of Supervisors We
Return to: FRE $0.00 dnesday,, DEC 19, 2001 15:22:37
Public Works Department Tt 1 Pd
Engineering Services Division $ Nbr-@@0@659605
Records Section Ire/R 9/1-7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 18, 2001 by the following vote:
AYES: Supervisors Gioia , Gerber , DeSaulnier, Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 2001/603
SUBJECT: Accept Completion of Improvements for Subdivision 8135 being developed by
Shapell Industries of Northern California, San Ramon area(District III).
The Public Works Director has notified this Board that the improvements in Subdivision
8135 have been completed as provided in the Subdivision Agreement with Shapell Industries of
Northern California heretofore approved by this Board in conjunction with the filing of the
Subdivision Map.
G:\GrpData\EngSvc\BO\2001\Temp\SUB8135 13045AM I hereby certify that this is a true and correct copy of an action
1C:Iad taken and entered on the minutes of the Board of Supervisors
Originator: Public Works(ES)
Contact: Teri Fie(313-2368) on the date shown.
cc: Public Works-Tax I.D.952578030,Accounting
R.Bruno,Construction Div.
1.Florin,M&T tab
H.Finch,Maintenance Div. ATTESTED: December 18 , 2001
1.Bergeron,Mapping Div.
Tickle File-10-18-02 JOHN SWEETEN, Clerk of the Board of Supervisors and
Recorder(via Clerk),then PW Engineering Services County Administrator
Joye Fukuda,City of San Ramon
CHP,c/o Al
CSAA-Cartog
Shapell Industries of Northern California
Attn:Steve Savage&Sam Worden By Deputy
American Casualty Company
21650 Oxnard Street,Ste.760
Woodland Hills,CA 91367
RESOLUTION NO.2001/ 603
SUBJECT: Accept Completion of Improvements for Subdivision 8135 being developed by
Shapell Industries of Northern California, San Ramon area (District III).
DATE: December 18, 2001
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of December 18,2001 thereby establishing the six-month terminal period for the filing of liens in
case of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BANK/SURETY
February 2, 1999 American Casualty Company of
Reading, Pennsylvania
BE IT FURTHER RESOLVED the payment (labor and materials) surety for$867,300.00,
Bond No. 190523772 issued by the above surety be RETAINED for the six month lien guarantee
period until June 18, 2002, 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 Cattleya Court,Cattleya Drive,Lantana Way,Lilac ridge
Road and Tigerside Way the hereinafter described roads, as shown and dedicated for public use on
the Final Map of Subdivision 8135 filed February 5, 1999,in Book 407 of Maps at page 18, Official
Records of Contra Costa County, State of California, are ACCEPTED as complete.
Road Name Road-R/W Widths Lengths (Miles)
Cattleya Court 36/56 0.01
Cattleya Drive 34/52 0.21
Lantana Way 34/52 0.16
Lilac Ridge Road 39/63 0.72
Tigerside Way 34/49 0.30
BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is
hereby established, and the $17,400.00 cash deposit (Auditor's Deposit Permit No. 325271, dated
January 6, 1999) made by Shapell Industries of Northern California and the
performance/maintenance surety bond rider for $257,600.00, Bond No. 190523772 issued by
American Casualty Company of Reading, Pennsylvania be RETAINED pursuant to the
requirements of Section 94-4.406 of the Ordinance Code until release by this Board. Upon
completion of the maintenance period, the improvements will be accepted for maintenance by the
City of San Ramon.
RESOLUTION NO. 2001/603
/1 Executed in Triplicate
SURETY Tract 8135, Glen Bridge
Increase -Decrease Rider
TO BE ATTACHED TO and form part of Bond Number 190 523 772 _ _ issued by the
American Casualty Company of Reading, PA _
as Surety,on behalf of Shapell Industries of Northern California, A Division of Shapell Industries, Inc.
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
__17th day of. December, 1998
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it Is
understood and agreed that effective the lath day of . December 2001 .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 Seven Hundred Seventeen Thousand Two Hundred No/100 (Performance Only)
___.__...._ Dollars ( $1,717,200.00__)
to the sum of Two Hundred Fifty Seven Thousand Six Hundred No/100 (Performance Only)
$257,600.00 )
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 theun�of
One Million Seven Hundred Seventeen Thousand Two Hundred No/100 ( e ormance Only)
Dollars($1,717,200.00 )
or for any loss occurring subsequent to said date shall not exceed the sum of
Two Hundred Fifty Seven Thousand Six Hundred No/100 (Performance Only) Dollars($257,600.00 `
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 30th day of November 2001
Accepted By:
Shapell Industries of Northern California,
County of Contra Costa a Division of Shapell Industries, Inc.
(Principal)
B B 7 (Seal)
.C. Truebridge
'Asst. Vice President
America Casualty Company of Reading, PA
/ (Surety)
By:, (�/' (Seal)
,ao_n 'Sandra V. Hanner Attorney-in-fact
J
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,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania
corporation(herein collectively called'the CCC Surety 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 signature and seals herein affixed hereby make,constitute and appoint
Beverly A Hall,Sandra V.Hanner, Individually
of Sherman Oaks, California
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 are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed_on the reverse hereof,
duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 28th day of October 1 1998
CONTINENTAL CASUALTY COMPANY
2�t}GA-SLJgtr` 1N51lJJ�'IL^� �c `"`0e NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
GOAPOAArLt '!t AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
A s s JULY ll, # /���' •i���V�' 1 V• �/�
�J SEAL '� �'�. � � 1902
1697 � NA1r<'�'" • �
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,ss:
On this 28th day of October 1998 ,before me personally came
Marvin J. Cashion,to me known,who,being by me duly swum,did depose and say:that he resides in the City of Chicago,State of Illinois;that
he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE'INSURANCE COMPANY OF HARTFORD,and
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 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.
d Jo,q�
i
NOTARY
PURUC
cook oo
My Commission Expires March 6,2000 Mary Jo Abel Notary Public
CERTIFICATE
I,Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA 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 each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this 30th day of Novenber , 2001.
CONTINENTAL CASUALTY COMPANY
��RtAg� ��'O*s NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
000P�re 0 `� fD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
. g s
Z s JULY JI, CP
�J SELL `r i � < 1902 �
1697
l •
Mary A. Ribikawskis Assistant Secretary
(Rev.10/1/97)
Authorizing By-Laws and Resolutions i
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 Attomey-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 attomeys-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 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 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 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 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 bearing 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 pursuant 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 Attomey-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 attomey-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 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 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 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 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by
the Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time
to time,appoint, by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,
undertakings and other obligatory instruments of like nature.Such Attorney-in-Fact,subject to the limitations set forth in their respective
certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach
the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attomey-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 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 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."
State of CALIFORNIA
County of LOS ANGELES
On November 30, 2001 before me, B. Hall - Notary Public
Date NAME. TITLE OF OFFICER.. 'JANE DOE. NOTARY PUBLIC"
personally appeared Sandra V. Hanner
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(4 is/Atemubscribed to the within instrument and acknowledged to me that
b*shetkn executed the same in hdN/her/&9Ic authorized capacityoesZ and that by f lwher/lftw
signatureo) on the instrument the person(tf), or the entity upon behalf of which the person(s� acted,
executed the instrument.
B.HAIL WITNESS My hand and official seal.
Commission#1186926 =
ZqPMyCornm.
Notary Pubec-California SIGNATURE OF NOTARY
Los Angeles County
Jun 14,20U'1
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(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)
American Casualty Company
of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE
G-107426-8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
i
State of California
ss. I
�. County of
!� 1
On �� �i_J-" CA before me, �� \`C� '��- �V•�(1(� E.\�,
Date \ Name and Title of Officer(e.g.,'Jane Doe,Notary Public")
personally appearedC`OW,
i Name(s)of Signer(s)
*�l] personally known to me '
t
❑ proved to me on the basis of satisfactory
evidence
'o
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/her/their authorized
ANTOINETTEBRUMFIELD capacity(ies), and that by his/her/their
Commission#1315823 = signature(s) on the instrument the person(s), or
Notary Public-California xo the entity upon behalf of which the person(s)
Sari Clare County acted, executed the instrument.
My Comm.EXPItes JUI 30r 2005
WITNESS my hand and official seal.
r� I
Place Notary Seal Above Signature of Notary Public
4
I
OPTIONAL
r
Though the information below is not required by law, it may prove valuable to persons relying on the document I
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Do , ent
Title or Type of Document: ��
Document Date: ',NCI CA Number of Pages:
I
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer )
Signer's Name:
❑ Individual '
, Top of thumb here .�
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney in Fact
❑ Trustee '
❑ Guardian or Conservator )
� t
❑ Other:
i
Signer Is Representing: i
i
I
0 1999 National Notary Association-9350 De Solo Ave..P.O.Box 2402-Chatsworth,CA 913132402-www.nationalnotary.org Prod.No.5907 Reorder Can Toll-Free 1-800.876.6827