HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-538 r
CONTRA COSTA Cc Recorder Office
Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder
Contra Costa County DOC_ 2000-0275163-00
Public Works Department
Engineering Services Division Thursday, DEC 07, 2000 09:07:31
Return to: FRE $0.00
Public Works Department Tt 1 Pd $0.00 Nbr-0000189405
Engineering Services Division
rrc/R9/1-2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on December 5, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND GERBER
NOES. NONE
ABSENT: NONE
ABSTAIN: NONE
*(District V Seat is vacant) RESOLUTION NO.: 2000/538
SUBJECT: Accept Completion of Improvements for Subdivsion 82.56, San Ramon area.
The Public Works Director has notified this Board that the improvements in Subdivision
8256 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.
NOW THEREFORE BE IT RESOLVED that the improvements have been
COMPLETED as of November 20, 2000 thereby establishing the six-month terminal period for
the filing of liens in case of action under said Subdivision Agreement:
DATE OF AGREEMENT N ME OF BANK/SURETY
September 21, 1999 American Casualty Company of Reading
Pennsylvania
BE IT FURTHER RESOLVED the payment (labor and materials) surety for
$612,200.00,Bond No. 929097493 issued by the above surety be RETAINED for the six month
lien guarantee period until May 20, 2000, 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 S. Gale Ridge Road, Gale Ridge Court, Mediar
Drive, Mediar Court and Velvetleaf Circle the hereinafter described road, as shown and
dedicated for public use on the Final map of Subdivision 8256 filed September 30, 1999, in Book
415 of Maps at page 41, Official Records of Contra Costa County, State of California, are
ACCEPTED as complete.
RESOLUTION NO. : 2000/ 538 f ,
SUBJECT: Accept Completion of Improvements for Subdivision 8256, San Ramon area.
DATE: December 5, 2004
PACE: 2
Road Name Road-RAV Widths RoadNo- Lengths (Miles)
S. Cale Ridge Road 11.0/17.OM n/a 266.201 M
Cale Ridge Court 11.0/17.OM n/a 190.535 M
Mediar Drive 11.0/17.OM n/a 325.707 M
Mediar Court 11.0/17.OM n/a 26.290 M
Velvetleaf Circle 11.0/17.OM n/a 527,986 M
BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance
period is hereby established, and the $12,200.00 cash deposit (Auditor's Deposit Permit No.
337456, dated September 7, 1999) made by Shapell Industries tbf Northern California and the
performance/maintenance surety bond rider for $181,815,110, Bond No. 929097493 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.
1 hereby certify that this is a true and correct copy of an action taken
and entered on the minutes of the Board of Supervisors on the date
shown.
ATTESTED: DEER 5, 2000
PHIL BATCHELOR,Clerk of the Board of Supervisors and
County Administrator
G:iGrpDatalEngSvc\B012000\BO 12-5-00.doc
TR:IC:1ap
ByDeputy
Originator: Public Works(ES)
Contact: Tori Ric(313-2368)
cc: Public Works -Tax I.D.95-257-8030,Accounting
R.Bruno,Construction Div.
Recorder(via Cleric),then PW Engineering Services
Shapell Industries of Northern California,
Attn: Chris,Truebridge,Steve Savage&Sam Worden
100 Milpitas Blvd,Milpitas,CA 95035
American Casualty Company of Reading,PA,
21650 Oxnard Street,Ste.760,Woodland Bilis,CA 91367
]oye Fukuda,City of San Ramon
1
�SYi
Executed in Triplicate
CVA suREry Tract 8256
Increase -Decrease Radar
TO BE ATTACHED TO and form part of Bond Number .w.. 929 097 493. _ 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
1st day of. September 1999
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it Is
understood and agreed that effscti've the__. _5th day of . December , 2000 ,and subject to all the terms,
conditions and limitations of the attached bond, the penal sum thereof shall be and the some Is hereby decreased
from the sum of One Million Two Hundred Twelve Thousand One Hundred no/1.00 (Performance Only}
Dollars($1,212,100.00
to the sum of One Hundred Eighty One Thousand Eight Hundred Fifteen no/100. (Performance Only) .._._.r.
Dollars( $181.815,00 ),
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond,
the aggg7s%liability of the Surety for any toss occurring prior to sold date shall not exceed the sum of
One Million Two Hundred Twelve Thousand One Hundred no/100 (Nerformance Only)
_�__.®...._. _ .. .� Dollars( $1,212,100.00 )
or for any loss occurring subsequent to said date shall not exceed the sum of
One Hundred Eighty One Thousand Eight Hundred Fifteen no/100 (Performance n y) Dollars( 181 B15.OP„ ,..- }
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 16th day of November 2000
Accepted By:
Shapell Industries of Northern California,
County of Contra Costa a Division of Shapell Industries, Inc.
1 (Principal)
By: —rA't-te >"a'
American asualty Company of Reading, PA
(Surety)
By: (Seal)
S JR-231WD Sandra V. Hanner Attomey-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,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.Wanner,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 Instrunwft 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 ViAtness 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 1998
CONTINENTAL CASUALTY COMPANY
� , NATIONAL FIRE-INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
AXY 31.
SEAL own
Marvin J.Cashion Group Vice President
State of lilimois, County of Cook,as:
On this 28th day of October 1998 ,before me personally came
Marvin J. Cashion,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;ft-t 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 Nke authority,and acknowledges same to
be the act and deed of said corporations.
1WT11�1►
pUBUC
My Commission Expires Manch 6,20M Mary Jo Abel Notary Public
CERTIFICATE
1, Mary A. Ribikawakis,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 such corporation printed on the
reverse r sof are still in force. In testimony wherrsof 1-hpye hereunto subscribed my name and effaced the of the said corporations
this th day of November 2000
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
�S WEALnn r.
1la9
du
Mary A. Riblkawrskis
(Rev.i tUi/97) Assistant Secretary
Ly
t
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY.
This Power of Attomey 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 ates attomays-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 bei
afibad 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
cer6 ad by cei dMos a 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 Attomay is made and executed pursuant to and by authority of the following By-Law duly adapted by the Board of Directors of
the Company.
"Article W—ascution of Obligations and Appointment of Art wney-in-Fact
Section 2.Appointment of Attorney-in-fact.The Chairman of the Band of Directors,the President or any Executive,Senior or Group
Vas President may,from time to time,appoint by written certificates attomays4n-fa6t to act in behalf of the Company in the execution of
policies of insurance,bonds,undertakings and other obligatory instruments of Eke nature.Such aftmeys4n4act,subject to the limitations
W 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 see!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 17th day of February,1993.
'Resolved,that the signature of the President or any Executive,Senior or Group Viae President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article V!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 cartificate 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 exsoution of policies of insurance,bonds,
undertakings and other obligatory instruments of like nature.Such Attorney-in-Fact,subject to the limitations sat forth in their respective
oertificates 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 affaed 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 16. 2000 before me, B. Hall- Notary Public
Data NAME, TITLE OF OFFICER- "JANE DOE, NOTARY PUBLIC"
personally appeared Sandra V. Hanner
NAME(S)OF SIGNER(S)
{ j personally known to me —OR — (_._..) proved to me on the basis of satisfactory evidence to be
the person(s) whose name{o Ishtnoubscribed to the within instrument and acknowledged to me that
bWshe/ityW executed the same in bir/her/11[11t authorized capacityoee, and that by 11wherAw
signatures) on the instrument the person(S), or the entity upon behalf of which the person{aj acted,
executed the Instrument.
;.11!Z
, WITNESS my hand and official seal.
Commission#1163926 1 —a
Notary Public-California
Los Angeles County SIGHATURE OF NOTARY
My Comm.E q*m Jun 14,20112
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) {r .) LIMITED
(�) GENERAL
(x)
ATTORNEY-IN-FACT NUMBER OF PAGES
TRUSTEE(S)
GUARDIAN/CONSERVATOR
{i) OTHER
DATE OF DOCUMENT
SINNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Casualty Company
of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE
Q-10742"
,r
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On Linda. A. Pluken, Notary Public
before me,
ata Name atd ritie of offiCer(a.g.,"Jane Doe,Notary Public)
personally appeared
J. Christian Truebridge
Name(a}m swner(g)
personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(e) �
whose name(*)is*4 subscribed to the within instrument
and acknowledged to me that he xecuted the
same in N901900w ir"authorized capacity{tea),and that by
DA his/AsO signature*on the instrument the person*,
Lem C0Mft*WW#113M or the entity upon behalf of which the person(e) acted,
MUMCM
5wy P � executed the instrument.
r4grW ,m'e escxt2 .mot WITNESS my hand and official seal.
� .
nature of Nota"Pu Iic
�c
OPTIONAL
Though the infon»atfon 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.
S
Description of Attached Document r
Title or Type of Document:
k
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's dame:
❑ Individual ❑ Individual
Corporate Officer ❑ Corporate Officer
Title(s): Title(-):
❑ Partner--❑ Limited ❑ General ❑ Partner--❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Pact
❑ Trustee ❑ Trustee
Guardian or Conservator - ❑ Guardian or Conservator
c ❑ Other: Top of thumb here ❑ Other; Top of thumb here
Signer is Representing: Signer Is Representing:
0 1495 National Notary Association+8736 Remmat Ave.,P.0.Box 7184•Canoga Park,CA 91368.7184 Prod.No.5967 Reorder.Call Toll-Free 1-806.876.6827