HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-540 CONTRA LCOSTA Cc Recorder Office
Recorded at the request of. STEPHEN , IR1 Clerk-Recorder
Contra Costa County DOC-- 2000-0275164-00
Public Works Department
Engineering Services Division Check Number
Return to: Thursday, DEC 07, 2000 08:07:40
Public Works Department FIDE $0.00
Engineering Services Division Pd!Tt i $0 i Q 00 Nbr- 0 f$940,9
14 !' SY rrc/RS/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, UILK.EMA, DESAULNIER AND GERBER
NOES: NONE
ABSENT: NONE *
ABSTAIN: NO District V Seat is vacant RESOLUTIONNO.: 2000/ 540
SUBJECT: Accept Completion of Improvements for Subdivision 8254, San Ramon area.
The Public Works Director has notified this Board that the improvements in Subdivision
8254 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 October 11, 2000 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 BAMSL7RE
August 17, 1999 American Casualty Company of
Reading,Pennsylvania
BE IT FURTHER RESOLVED the payment (labor and materials) surety for
$678,000.00,Bond No. 929097462 issued by the above surety be RETAINED for the six month
lien guarantee period until April 11, 2000, at which time the Clerk of the Board is
AUTHORIZED to release the surety less the amount of any claims on file.
RESOLUTION NO. : 2000/,540
r;
� f
SUBJECT: Accept Completion of Improvements for Subdivision 8254, San Ramon area.
DATE: December 5, 2000
PAGE: 2
BE IT FURTHER RESOLVED that S. Chanterella Drive, Alisma Court, Chilense Court,
Ustilago Drive, Ustilago Court, Levant Court, Helicon Court, and Bollinger Canyon Road,
hereinafter described roads, as shown and dedicated for public use on the Final Map of
Subdivision 8254 filed August 30, 1999, in Book 414 of Maps at page 34, Official Records of
Contra Costa County, State of California, are ACCEPTED as complete.
Road Name Road-RIW Widths _ Lenghs(Miles)
S. Chanterella Drive 56' 0.31 mi
Alisma Court 56' 0.07 mi
Chilense Court 56' 0.07 mi
Ustilago Drive 56' 0.29 mi
Ustilago Court 56' 0.06 mi
Levant Court 56' 0.06 mi
Helicon Court 56' 0.07 mi
Bollinger Canyon Road 186' 0.69 mi
BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance
period is hereby established, and the $13,697.00 cash deposit (Auditor's Deposit Permit No.
335763, dated July 30, 1999) made by Shapell Industries of Northern. California and the
performance/maintenance surety bond rider for $203,400.00, Bond No. 929097462 issued by
American Casualty Company of Reading, Pennsylvania be RETAINED pursuant to the
requirements of Section 944.406 of the Ordinance Code until release by this Board.
I 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.
JC:kw:lap
0:\GrpData\F.ngSvc\80\2000\SUB B254.doc
ATTESTED:_ DECFNtAE�2 S9 2C)()()
Contact: Teri Pit(313-231;3)
OrWactors Public Works(ES) PHIL BATCHELOR,Clerk of the Board of supervisors and County Administrator
ee: Public Works -Tax I.D.95-2578030,Accounting
-R.Bruno,Construction By Deputy
-J.Florin,M&T lab
-Maintenance
Recorder(via Clerk),then PW Engineering Services
Shapell Industries of Northern California,
Attn: Chris Tntebridge,Sam Worden&Steve Savage
100 North Milpitas Blvd.,Milpitas,CA 95035
American Casualty Company of Reading,Pennsylvania
P.O.Box 4132,Woodland Bills,CA 91367
Joye Fukuda,City of San Ramon
CVACVArr�� Lxecuted in Triplicate
.7 uRm Tract 8254 Crest Bridge
increase -Decrease Rider
To BE ATTACHED TO and form part of Bond Number ,929 097.1462..........._ 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 Mil itas CA
-- ---__ ,hereinafter referred to as the Principal,and
in favor of County of Contra Costa
of. ... .Martinez, CA .�.._... .. .._.. . .. .... ...... .. ..._._.. .... . . __. .,...
hereinafter referred to as the Obilgee,effective the
day of, . ,.,,. Julyr 1999
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it Is
understood and agreed that effective the__�5th day of . December , 2000 ,and subject m all the terms,
conditions and limitations of the shed bond,the panel sum thensof shall}�a end the sa Is hereby decreased
from the sum of One Million Three Hundred Fifty Six Thousand no/100 (Performance Dniy)
_ Dollars{ 1 358 000.00 )
to the sum of .Two Hundred Three Thousand Four Hundred no/100 (Performance Only) � �}
$203,400.00
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond,
the ag�regate fiablilty►of the Surely for any loss occurringprior to said date shall not exceed the sum of
One'f7iillion Three Hundred Fifty Six Th t usand no/10 (Performance Only)
...__._...._. .... ..v_._..,.. Dollaars( $1.358.000.00 )
or for any loss occurring subsequent to sold date shall not exceed the sum of
Two Hundred Three Thousand Four Hundred no/100 (PerformanceOnly) Dollars( 209 400.00_„._ ),
In no event,however, shall the aggregate IiabiNty of the Surety ameed 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.
(Principal)
A'A `w- 8 : Seal)
American Casualty Company of Reading, PA
(Surety)
Sv: L_ (Seal)
SUR-23169-D r`Sandra 1/, Hanner Attomey4n.fact r
r r'
POWER 4F ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Mon By These Prcesents,That CONTINENTAL CASUALTY COMPANY,an isnois 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 Compan!W),aro 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 awls herein affiesd hereby make,constitute and appoint
Bevoriy A.Hal Sandra V.Harmer Individually
of Shorter Oaks California
their t us and lawful Attomay(s)-in-Fact with full power and autho ty hereby conferred to sign,seal and exeouts for and on their behalf bonds,
undertakings and other obligatory ins tuments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as If such Inabuments were signed by a duly authorized officer of their corporations and
all the ache of said Attorney,pursuant to the authority hereby given are hereby ratified and cxnr*mod.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printsc on the reverse hereof,
duly adopted,as indicated,by the Boards of Directors of the corporations.
In Wtbsoss Whereof,the CCC Sursty Companies have caused these presents to be signed by their Group Vice President and their
corporate scads to be hereto affixed on this 28th day of October , 1998
d CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
�i
REAL � M0 ( a A .* . .
K V.
1197 �
Marvin J.Cashion Group Vice President
State of Illinois,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 duty swam,did depose and say:that he resides in the City of Chick,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 seats 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 signod his name thereto pursuant to like authority,and acknowledges same to
be the act and deed of said corporations.
�t;3C
My Commission Expires March 6,2DtlO Mary Jo Abel Notary Public
CERTIFICATE
1,Mary A. Ribikewskis,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 cwtfy that the By-Low and Resolution of the Board of Directors of each corporation printed on the
rev" are still in force.In y whereof I wive hereunto subscribedmy name and affixed the sese�of the said corporations
this of Nor X000.
CONTINENTAL CASUALTY COMPANY
l+> „ NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
AILY Ii.
WAL an
iae'r
MaryA. Ribikawakis Assistant Secretary
(Rev.1011/97} �
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 DC—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 shomeys-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 attomeye-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 thersto.The Chairman of the Board of Directors,the President or any Executive,Senior
or Group Vwe President or the Board of Directors,may,at any tims,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 heli on this 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 faceimi a 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 Minding 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 Attorneys-Fact
Section 2.Appointment of Atbomey-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 aftmeye-ire-fact,subject to the limitations
sat 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 therein.The President or any Executive,Senior or Grasp 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 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 rasped 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-Fad 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 sat 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 seat of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vios President or the Board of Directors
may at any time revoke all power and authority previously given to any Aftomey-In-Fad.'
-
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 celled and held on the 17th day of February, 1993.
'RESOLVED:That the signature of the President,an Executive Viae 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 seat 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 earl 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 before me,
November 16 0 2000 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(*ish>ileaubscribed to the within instrument and acknowledged to me that
b*shetjbW executed the same in bdeheNftirc authorized capacltypev� and that by 11wherl
signature(s) on the instrument the person(g), or the entity upon behalf of which the person(W acted,
executed the instrument.
ft"A
�a.HALL WITNESS m hand and official seal.
_%MyCornm.5ph%Jun14,2M2
Commisslon#f 1186926 [
Notcay Public-Colifomia
Los Angeles County SIGNATURE OF NOTARY
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 SINNER DESCRIPTION OF ATTACHED DOCUMENT
(� INDIVIDUAL
( _) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
(�) PARTNER(S) { ) LIMITED
(�) GENERAL
(X)
ATTORNEY-IN-FACT NUMBER OF PAGES
(..._) TRUSTEE(S)
(.� }
GUARDIAN/CONSERVATOR
(�) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(5) OR ENTITY(IES)
American Casualty Company
of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE
` :CALIF6RNIA ALL•PURP04E ACKNOWLEDGMENT"
State of California
County of Santa Clara
On before me, Linda A. Fluken, Notary Public
Date Name and The of officer(e.g.,"Jana Doe,Notary Public")
personally appeared J• Christian Truebridge
�y Name(a)of Sfgnar(a)
personally known tome–OR--7 proved to me on the basis of satisfactory evidence to be the person*
whose name(*)isAe subscribed to the within instrument
and acknowledged to me that heielrteAheqexecuted the
same in hisf4ierAheir authorized capacity(fee),and that by
� �EN hi�kw i+r-signature(*)on the instrument the person(*),
C,armixiGn 0 11393% or the entity upon behalf of which the person(&) acted,
nary t+lAft-Caltaft executed the instrument.
Soft Ckm CountV
'�• ^e�{ d?3► t}1 WITNESS my hand and official seal.
C Signature of N ary Public
4 OPT LONA
Z; 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. ,
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signers) Other Than Named Above:
Capaclty{les} Claimed by Signer{s}
Signer's Name: Signers Name:
CJ Individual C Individual
iN Corporate Officer E] Corporate Officer
Title(s): Title(s):
El Partner—7, Limited General C Partner-- Limited 13 General
11 Attorney-in-Fact 17 Attorney-in-Fact
® Trustee 0 Trustee
11 Guardian or Conservator a M guardian or Conservator a :• �
7 Other: Top of thumb here Other: Top of thumb here �
Signer Is Representing: Signer Is Representing:
d 1995 National Notary Association•8236 Rernmet Ave..P.O.pox 7184+Canoga Perk,CA 91309.7184 Prod.No.5907 Roorder:Call Toil-Free 1-800-676$827 ;
� s
N'