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HomeMy WebLinkAboutMINUTES - 02272007 - C.16 (2) - CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L. WEIR Clerk-Recorder Contra Costa County DOC_ 200�T_0059941-00 Board of Supervisors Return to: Wednesday, FEB 28, 2007 09:33:13 Public Works Department Engineering Services Division FRE $0.00 Tt 1 Pd $0.00 Nbr-0003614932 Irc/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 27, 2007 by the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: Noise t ABSTAIN: None r — -� RESOLUTION NO. 2007/ SUBJECT: Accepting completion of improvements for Road Acceptance 05-01203 (cross- reference Subdivision 04-08847), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) These improvements are approximately located Creekview Place and Camino Tassajara. The Public Works Director has notified this Board that the improvements in Road Acceptance 05-01203 (cross-reference Subdivision 04-08847)have been completed as provided in the Subdivision Agreement with Shapell Homes,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. TR:vz G:\EngSvc\BO\2007\02-27\BO-45 RA 05-1203.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: T.Ric(313-2363) action taken and entered on the minutes of the Board of Recording to be completed by Clerk of the Board I.D.95-2578030 Supervisors on the date shown. cc: . Public.Works Construction Div. P.Tehaney,M&T Lab H.Finch,Maintenance Div. ATTESTED: a"u'�� vc.�7 020.0.;;L- I.Bergeron,Mapping Div. JOHN CULLEN, Clerk of th oard of Supervisors and T.Ric,Engineering Svc. T.—December 27,2007 County Administrator Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 By , Deputy Shapell Homes 100 N.Milpitas Blvd Milpitas,CA 95035 Attn:S.Worden and S.Savage National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela L.Stocks RESOLUTION NO.2007/ SUBJECT: Accepting completion of improvements for Road Acceptance 05-01203 (cross- reference Subdivision 04-08847), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) DATE: February 27, 2007 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of February 27,2007 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 October 3, 2006 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED that the $1,300.00 cash security for labor and materials (Auditor's Deposit Permit No. 459659, dated February 28, 2006) deposited by Shapell Homes be RETAINED for the six-month lien guarantee period until August 27,2007,at which time the Public Works Director is AUTHORIZED to refund the cash security less the amount of any claims on file. BE IT FURTHER RESOLVED that the intersection modifications for Road Acceptance 05- 01203 (cross-reference Subdivision 04-08847) are ACCEPTED as COMPLETE. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $1,300.00 cash deposit(Auditor's Deposit Permit No. 459659, dated February 28, 2006) made by Shapell Homes and the performance/maintenance surety bond rider for $19,815.00, Bond No. 929270311 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. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 20071 9� CMA SURETY , RA-05-1203 X-REF SUB 8847 INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number. 929 270 311 issued by the National Fire Insurance Comoan of Hartford „ as Surety, on behalf of. Shapell Homes,a Division of Shapell Industries, Inc.,a Delaware Corporation 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 7th day of February 2006 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 22nd day of January 2007 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 Hundred Thies Two Thousand One Hundred No/100*** Dollars($132109-0 0*** ),to the sum of Nineteen Thousand Eight Hundred Fifteen No/100*** Dollars($ 19,815.00*** ) 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 Hundred Thirty Two Thousand One Hundred No/100*** Dollars ($ 132.100.00'** ) or for any loss occurring subsequent to said date shall not exceed the sum of Nineteen Thousand Eight Hundred Fifteen No/100*** Dollars($ 19.815.00*** ). 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 January, 2007 Accepte Shapell Homes, a Division of Shapell Industries, Inc., County of Con Co _ a Delaware oration ( ri ipal) By — By (Seal) t b W1cr.Ye b`-'-:V \1..P . By (Seal) Ke-V\.0x ►�S'1- :National Fir surance Company of Hartford SUr Form F4763 —. (Seal) amela L. Stocks, Attorney-in-Fact 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,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 Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-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 15th day of August,2006. GAS <r I14SUR4oft Continental Casualty Company 0090NOW'r National Fire Insurance Company of Hartford GORPORAre ', American Casualty Company of Reading,Pennsylvania •.Zs SEAL <11A Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 15th day of August,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.MEDINA • Nowy Public,stab of mnob • ` w • My Commission Eapis 7116100; • r/�L ( My Commission Expires March 15,2009 Maria M.Medina Notary Public 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 seal of the said corporations this 30th dayof January 2007 GASr *SURContinental Casualty Company 4 .� 0,4t;W,*W , National Fire Insurance Company of Hartford c�P°'�*e ? American Casualty Company of Reading,Pennsylvania SEAL <1897 11A Mary A.Ftikafjkis Assistant Secretary Form F6853-11/2001 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:oi 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 thererto. The Chairman of the Board of Directors,the Presidenf•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 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 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 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 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 By-Law duly adopted by the Board of Directors of the Company. "Article VII—Execution of Documents Section 3. Appointment of Attorney-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 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 17e'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 January 30, 2007 before me, Sandy Hanner-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(s) whose name(a) is/me subscribed to the within instrument and acknowledged to me that he/she/ttft executed the same in alis/her/hair authorized capacity(ins), and that by hi9dher1t r signature(s) on the instrument the person(,.ovthe entity upon behalf of which the person(s) acted, . executed the instrument. WITNESS y hand and ial seal. i AemSAt�Af FIMNER Corrxfi>Iseion#► 1672602 SIGNATURE OF NOTARY Notary KA)W -Caftedo Lae Anpelee CW* My comm.Expr�e Jul 2,2010 OPTIONAL 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 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) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426.8 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On January 31,2007, 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 I KRUSE WITNESS my hand and official seal. Commission# 1597428 Notary Public California ; �e Santa Clara County --`" tvlyComm.ExpiresAug24,2o09 Signature of Notary Public Optional Information Title or Type of Document: Decrease Rider -RA-05-1203 Tract 8847 Capacity Claimed by Signer: Assistant Vice President and Assistant.Secretary of Shanell Industries, Inc.