HomeMy WebLinkAboutMINUTES - 01112005 - 2005 RES 35 Recorded at the request of: CONTRA COSTA Co Recorder Office
Contra Costa County S1EHEN L. WEIR C�erk�Recorder
Public Works Department DOC— 2�t0�—�!�12965-00
Engineering Services Division NWL +r.�J
Return to: W*dn esdaxy, .TAN 12, 2005 09:32:47
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 11, 2045 by the following vote:
AYES: SUffft SMS GIOIA, KaW, GDAR,. MALM A0 tom,
NOES: NONE
ABSENT: '&)IiE
ABSTAIN: NONE
RESOLUTION NO.2005/ 35
SUBJECT: Accept Completion of Improvements and Road Improvement Agreement for RA 01-
011 22(cross-reference Subdivision 95-07984),San Ramon(Dougherty Valley)area.
(District III)
The Public Works Director having notified this Board that the improvements for RA 01-
01122 (cross-reference Subdivision 95-07984) have been completed as provided in the Road
Improvement Agreement with Shap ell Industries ofNorthem California heretofore approved by this
Board;
DATE OF AGREEMENT SURETY
September 9, 2002 National Fire Insurance Company of Hartford
G:\GrpData\EngSvc\BO\2005\01-11\RA 01-01122 BO-42.doc
1Y:rm
Originator: Public Works(ES)
Contact: Teri Rie(313-2363) I hereby certify that this is a true and correct copy of an
Recording to be completed by GOB
cc: Public Works -Accounting action taken and entered on the minutes of the Board of
-T.Bell,Construction Supervisors on the date shown.
-Maintenance(w/Plat)
-T—July 11,2005
CSAR-Cartog
CHP,c/o Al
Sheriff-Patrol Div.Commander ATTESTED: JANUARY 11, 2005
City of San Raman,Attn:C.Low and J.White JOHN SWEETEN, Clerk of the Board of Supervisors
Shapell Industries of Northern California
Attn:Sam Worken&Steve Savage and County Administrator
100 N.Milpitas Blvd.
Milpitas,CA 95035
National Fire Insurance Company of Hartford By r Deputy
21650 Oxnard Street,#600
Woodland Hills,CA 91367
RESOLUTION NO.2005/ 35
SUBJECT: Accept Completion of Improvements and Road Improvement Agreement for RA 01-
01122(cross-reference Subdivision 95-07984),San Ramon(Dougherty Valley)area.
(District III)
DATE: January 11, 2005
PACE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of January 11, 2005 thereby establishing the six-month terminal period for the filing of liens in
case of action under said Road Improvement Agreement:
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$3,881,750.00,
Bond No. 929247985 issued by National Fire Insurance Company of Dartford be RETAINED for
the six month lien guarantee period until July 11, 2005, 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 Bollinger Canyon Road,the hereinafter Described road
as shown and dedicated for public use on the Final Map of Subdivision 7984 filed October 29,2002,
in Book 448 of Maps at Page 29, Official Record of Contra Costa County, State of California, is
ACCEP'T'ED 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 Width Length (miles)
Bollinger Canyon Road varies 46'-77'/varies 203'-219' 1.89 mi.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$77,600.00 cash deposit(Auditor's Deposit Permit No.391840 dated August 22,
2002)made by Shapell Industries of Northern California and the performance/maintenance surety for
$1,152,885.00,Bond Rider No. 929247985 issued by National Fire Insurance Company of Hartford
be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until
released by this Board.
RESOLUTION NO. 2005/35
TO: BOARD OF SUPERVISORS /yt?
FROM: MAUR.ICE M. SHIJ, PUBLIC WORKS DIRECTOR ("
DATE: January 11,2005
SUBJECT: Accepting Completion of Improvements and Road Improvement Agreement for RA 01-01122,
SPECIFIC REQUESTS)OR RECOMMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/ 35 for RA 01-01122 (cross-reference Subdivision 95-07984), accepting
completion of improvements and Road Improvement Agreement for project being developed by Shapell Industries
of Northern California, San Ramon (Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer, Shapell Industries of Northern California, has completed the road improvements per the Road
Improvement, Board Resolution No. 2002/562, and in accordance With the Title 9 of the County Ordinance Code
requirements.
CONSEQUENCES OF NEGATIVE ACTION:
The completion of improvements Will not be accepted and the 365-day Warranty period Will not begin.
C
Continued on Attachment:_ SIGNATU
--RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
'APPROVE OTHER
SIGNATURES :
ACTION OF BO ON—___.JANUARY 11, 2005 APPROVED AS RECOMMENDED XX OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VOTE OF SUPERVISORS
minutes of the Board of Supervisors on the XX UNANIMOUSMOUS(ABSENT_N0Nr date shown.
)
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: JANUARY ll, 2005
J''M JOHN SWEETEN, Clerk of the Board of
G:ZrpDatalEngSvr\B0\2005\01-1 ARA 01-01122 order.doc
Drig.Div: Public Works(ES) Supervisors and County Administrator
Contact: Teri Pie(313-2363)
cc: Public Works -Accounting
T.Bell,Construction
Maintenance(w/Plat) ��
'T—July 11,2005 �
CSAR-Cartcg B V r C
CHP,do Al ,Deputy
Sheriff-Patrol Div.Cottanander IV
City of San Ramon,Attn:C.Low and J.White
Shapell Industries ofNorthm California
Atm:Sam Warken&Steve Savage
100 N.Milpitas Blvd,
Milpitas,CA 95035
National Fie Insurance Company of Hartford
21650 Oxnard Street,#600
Woodland Hills,CA 91367
Executed in Triplicate
A� ��r� r�•y SUB 79134,Ga€e Ranah €1, RA-'1'12 , Bollinger Canyon
INCREASE -DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 929 247 985 issued by the
National Fire insurance Company of Hartford I as
Surety,on behalf of Sha ell industries of Northern California,a Division of Shapell Industries €nc. of
MII itas, CA hereinafter referred
to as the Principal, and in favor of County of Contra Costa
of .Martinez, CA hereinafter
referred to as the Obliges, effective the 14th 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 4th_ --_ day of January 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
Seven Million Six Hundred Eighty Five Thousand Nine Hundred and Noll 00— Dollars($ 7,685.900.00** ), to the
SUM of One Million one Hundred Fifty Two Thousand E ht Hundred Eighty Five and Noll000ollars($1,152,8$5.00** ).
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the
attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the
sum of Seven Million Six Hundred Eighty Five Thousand Nine Hundred and No/100** Dollars($ 7,6$5,900.00** ),
or for any loss occurring subsequent to said date shall not exceed the sum of one Million One Hundred Fifty
Two Thousand Eight Hundred Eighty Five and Noll 00— - Dollars($ 1,152,.585.00** }.
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 4thday of January.2005.
Accepted By: Shapel€ industries of Northern California, a Division
County of Contra Costa of Shapell Industries, Inc.
Pri i al)
By By (Seal)
Robe Moore , Asst. V. P.
&/40k
By -- (Seal)
Ke lox , Asst. Secretary
Nations Fire insurance Company of Hartford
Form F4763 Ctlsty}
(Seal)
Pamela L. Stocks Attorncy-in-Fact
Y "YT I:jA%Vt' AA AV111•LJ I... VAa.AAa.v. Al v...r... .v.r..r+ .. -..�...� ...
Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a
Connecticut 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 Fall,Sandra V Hanner,Gina O'Shea,Individually
of Sherman Oaks,CA,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 Senior Vice President and their corporate seals to be
hereto affixed on this 16th day of April,2004.
�A"s 4 01 Continental Casualty Company
' National Fire Insurance Company of Hartford
COMIC" American Casualty Company of Reading,Pennsylvania
JULY i.
SEAL
Michael Gengler Sen Vice President
State of Illinois,County of Cook,ss:
On this 16th day of April,2004,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 Senior Vice President of Continental Casualty Company,an Illinois corporation,National
Fire Insurance Company of Hartford,a Connecticut 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 �
ELIZA PRICE •
Nb7ARY W�.lC,RATFflF Nl,NIflW
MY 00MU i01CN=NMI"
My Commission Expires September 17,2006 Eliza Price V Notary Public
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,a Connecticut corporation,and American Casualty Company of heading,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
4th day of JgLa .-y 2005
CASUA<� & Continental Casualty Company
.0- , National Fire Insurance Company of Hartford
a *tr °a1American Casualty Company of Reading,Pennsylvania
SEAL ou
JULY t, � ..
Mary A. ikaibkis Assistant Secretary
Form F6$53-11/200I
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—Ex+ecution 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 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 there-no. The Chain=of the Board of Directors,the President or any Executive,Senior or Croup Vice President or the Hoard 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 hell on the 170,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 DC 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 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 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 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 17a'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,Attorneys-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 Croup 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 17a'day of February, 1993.
"RESOLVER: 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."
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On January 5,2005, 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 T KRUSE WITNESS my hand and official seal.
_ Commission# 1318697
-ry Notary Public-California
Santa claro county _,..,_..
MVC=M-EVNftAW24,2w4 Signature of Notary Public
Optional Information
Title or Type of Document: Increase/Decrease Rider-Tract 7984, RA-1122.
Boili>aaer�Canon
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shac►ell Industries,Inc.
Stale of California
County of Los Angeles
On January 4,2005 before me, Sandy Planner-Notary Public
Dam NAME. TITLE OF OFFICER,, 'JANE DOE. NOTARY PUBLIC'
personally appeared Pamela L.Stocks
NAME(S)OF SIGNER(S)
personally known to me—OR— (_.._.)proved to me on the basis of satisfactory evidence to be
the person(s)whose name(&) is/mm subscribed to the within instrument and acknowledged to me that
ho/sheltAW executed the same in lherl*W authorized capacity(isle), and that by btisrfheer/NW
signature(s)on the instrument the person(&), or the entity n be�haff of which the person(s) acted,
executed the instrument.
WITNES y hand and al $oatf.
SANDY HANNER
Commission#1362t57
m Notary Public-Caiifomia � SIGN A RE OF NOTARY
Los Angus County
My Comm.Expires Jul 2,2006 4iaTtC3A1AL
Though the data blow is not required by law, It may prove valuable to persons relying on the document
and could prevent traudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
(.�} CORPORATE OFFICER
TITLE(S) TITLE 08 TYPE OF DOCUMENT
(. ) PARTNER(S) (._..) LIMITED
GENERAL
(-,.) ATTORNEY-IN-FACT NUMBER OF PAGES
(_...} TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
BATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire 1nautancaQomrsanV tsf Har,tford
SIGNER(S) OTHER THAN NAMED ABOVE
a.ta7<se•e