HomeMy WebLinkAboutMINUTES - 10162001 - C.17 Recorded at the request of: IIII III III I III II II I VIII III I I IIIIII I IIII I III III II
Contra Costa CountyBoaCONTRA COSTA Co Recorder Office
Return to:rclSupctvisors STEPHEN L, WEIR, Clerk-Recorder
Public Works Department DOC— 2001-0312936-00
Engineering Services Division
Wednesday, OCT 17, 2001 08:15:22
FRE $0.00
Tt 1 Pd $0.00 Nbr-0000568922
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 16, 2001 by the following vote:
AYES: Supervisors Gioia, Gerber , DeSaulnier , Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2001/ 488
SUBJECT: Accept Completion of Improvements, for Subdivision 8132 being developed by
Shapell Industries of Northern CA, San Ramon area, District 3.
The Public Works Director has notified this Board that the improvements in Subdivision
8132 have been completed as provided in the Subdivision Agreement with Shapell Industries of
Northern CA heretofore approved by this Board in conjunction with the filing of the Subdivision
Map.
G:1GrpDataiFngSvc1B0\2001'',Terrrp\SIJB 8132 BO45.doc
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Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an action
Contact: Teri Ric(313-2368) taken and entered on the minutes of the Board of Supervisors
cc: Public Works-'fax I.D.95-2578030,Accounting
R.Bruno,Construction Div. on the date shown.
J.Florin,M&T Lab
11.Finch,Maintenance Div.
I.Bergeron,Mapping Div.
Recorder(via Clerk),then PW Engineering Services ATTESTED: October 16 , 2001
CSAR-Cartog
Shapell industries of Northern California JOHN SWEETEN, Clerk of the Board of Supervisors and
Attn: Steve Savage
Sam Worden County Administrator
100 North Mipitas Blvd.
Milpitas,CA 95035
American Casualty Company of Reading,PA
P.O.Box 4132 By ,Deputy
Woodland Hills,CA 91367
Joey Fukuda,City of San Ramon
RESOLUTION NO. 2001/4 8 8
SUBJECT: Accept Completion of Improvements, for Subdivision 8132 being developed by
Shapell Industries of Northern CA, San Ramon area, District 3.
DATE: October 16, 2001
PAGE: 2
NOW THEREFORE BE IT.RESOLVED that the improvements have been COMPLETED
as of September 25,2001 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
March 2, 1999 American Casualty Company of Reading,PA
BE IT FURTHER RESOLVED the payment (labor and materials) surety for$514,650.00,
Bond No. 190723289 issued by the above surety be RETAINED for the six month lien guarantee
period until March 25,2001,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 Lilac Ridge Road,Sweetgale Drive,Aspenwood Court,
Caraway Court,Commodore Court and Danny Court,the hereinafter described roads,as shown and
dedicated for public use on the Final map of Subdivision 8132 filed March 16, 1999,in Book 408 of
Maps at page 10, Official Records of Contra Costa County, State of California, are ACCEPTED as
complete. Upon acceptance by the Board of Supervisors,the San Ramon City Council shall accept
the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of
Understanding.
Road Name Road-R/W Widths Lengths(Miles)
Lilac Ridge Road 36/56 0.14
Sweetgale Drive 36/56 0.38
Aspemvood Court 34/52 0.14
Caraway Court 34/52 0.05
Commodore Court 34/52 0.03
Danny Court 34/52 0.02
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$10,300.00 cash deposit(Auditor's Deposit Permit No. 327295,dated February
16, 1999)made by Shapell Industries of Northern CA and the performance/maintenance surety bond
rider for$152,850.00, Bond No. 190723289 issued by American Casualty Compnay of Reading,PA
be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until
release by this Board.
Executed in Triplicate
-CMASURETY Tract 8132, Crest Bridge at Gale Ranch
Increase -Decrease Rider 6 . "J
TO BE ATTACHED TO and form part of Bond Number .�.. ,• 190 723 289.. _ _ 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
-10th , ,day of. _ NM4gY,,,1"?
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it Is
understood and agreed that effective the__--2nd day of . October , 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 Nineteen Thousand and No/100 (Performance Only)
Dollars ($1,019,000.00 )
to the sum of One Hundred Fifty Two Thousand Eight Hundred Fifty and No/100 (Performance Only)
$152,850.00 ).
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 Nineteen Thousand and No/100 (Performance Only)
----•-•-•--• _... ...-_._..—.Dollars( $1,019,000.00 )
or for any loss occurring subsequent to said date shall not exceed the sum of
One Hundred Fifty Two Thousand Eight Hundred Fifty and No/100 (Performance Onlybollars( $152,850.00_
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 �7th day of September 2001
Accepted By:
Shapell Industries of Northern California,
County of Contra Costa a Division of Shapell Industries, Inc.
(Principal) /
B 7L-1? LBy: ��/i P/ / (Seal)
Marie A. Cook
By:
Sam Worden
A .9 i sualty Company of Reading, PA
(/(Surety)
(Seal)
0110_741R0-n Pamela L. Stocks Attomey-In-fact
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That Continental Casualty Company, National Fire Insurance Company of Hartford,and American
Casualty Company of Reading, Pennsylvania(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. Hanner, Individually
of Sherman Oaks,California
their true and lawful Attorney(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 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 Vice President and their corporate seals to
be hereto affixed on this 3rd day of August,2001.
0Ams �T NISUR a
Continental Casualty Company
cOPPMATE �� otaff ?"0 National Fire Insurance Company of Hartford
i • a S JULY 71, American Casualty Company of Reading,Pennsylvania
o� SEAL t ! rsu �
Michael Gengler / Group Vice President
State of Illinois,County of Cook,ss:
On this 3rd day of August,2001, before me personally came Michael Gengler 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 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.
• OFFICIAL SEAL •
DIANE FAULKNER '
• ����
MeerY 11tlR,ftr of 1Bnoh i
ry Yen l�IrM 9/17!01 �
My Commission Expires September 17,2001 Diane Faulkner 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 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 17th day of
—�PTt PmhPr ,_2QD1—
G1►�U�(T WSIfR ue
2c� }_ q'�•F Continental Casualty Company
0vonAre 'r, CPW National Fire Insurance Company of Hartford
SEo _A American Casualty Company of Reading,Pennsylvania
JULY 31,
OV SEALf
1897 HArrrt ' • �•C.
Mary A.Ribikawskis Assistant Secretary
(Rev. 1/23/01)
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 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 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 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 W—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 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 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 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,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 September 17, 2001 before me, Sandy 11anner - Notary Public
Date NAME, TITLE OF OFFICER., -JANE DOE, NOTARY PUBLIC-
personally 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(a) whose name(# is/Ammubscribed to the within instrument and acknowledged to me that
Wedsheh t executed the same in bds/her/9mic authorized capacity(iee�, and that by R Iwher/
signature(s) on the instrument the person(g), or the entity upon behalf of which the person(o acted,
executed the instrument.
WITNES my hand and off' ' seal.
SANDY'HANNER
Commission#1188693
Notary Public-Califomiat—-SIGNA5URE OF NOTARY
Los Angeles County Ir
My Comm.Expires Jul 2,2002 .
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 PERSONS] OR ENTITY(IES)
American Casualty ompany
of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE
G-107426-B
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
_._._. _ _._. ........_._.-.-,,
I I
State of California
County of `_ CL14CA �•I�lt�. CL., ss. -1
I •l
On _ '�I -(-� 1 before me, ko,ne.,"e (urn l e,I� ;)
I; Dale rn Name and Title of Officer(e.g.,`Jane Doe.Notary Public")
personally appeared 1 ► 1CJL �- C:C���� ��'� �,�� \C-A124
'' Name(s)of Signer(s)
+personally known to me
11LJ proved to me on the basis of satisfactory
evidence ,I
I
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
ANTOINETTE BRUMFIFID
Commission#1315823 acknowledged to me that he/she/they executed ;
Notary Public-California the same in his/her/their authorized .)
Santa Clare County capacity(ies), and that by his/her/their f
My Comm.ExpimsJul 30r2W5 signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) )
acted, executed the instrument. )
WITNESS my hand and official seal.
k_nkxnett, &,rr,�,Lkf
Place Notary Seal Above Signature of Notary Public f
l
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. )
,I
Description of Attached Document `_ )
Title or Type of Document: �( �T ���j ��S'-} b c Ick c1Kn_ )
I •I
Document Date: Number of Pages:
I ••I
Signer(s) Other Than Named Above:
I ••1
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
Top of thumb here •,�
Corporate Officer—Title(s):
Partner—I:.; Limited = General
L Attorney in Fact f
❑ Trustee
❑ Guardian or Conservator
I -1
❑ Other:
I
Signer Is Representing: ....... )
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-600.676-6827