HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-161 Public Works Department
Engineering Services Division
Return to:
Public Works Department
Engineering Services Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 24, 2001 by the following vote:
AYES: Supervisors Gioia, Gerber, Glover and Uilkema
NOES: None
ABSENT: Supervisor DeSaulnier
ABSTAIN: None
RESOLUTION NO.: 2001/161
SUBJECT: Accept completion of Improvements, Subdivision 7981, San Ramon area.
The Public Works Director has notified this Board that the improvements in Subdivision
7981 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 March 14,2001 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
Octobert 14, 1997 American Casualty Company of
Reading, Pennsylvania
G:\GrpData\EngSvc\130\2001\BO 4-24-Ol.doc I hereby certify that this is a true and correct copy of an
JC:lap action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: Teri Rie(313-2368) Supervisors on the date shown.
cc: Public Works-Tax I.D.95-2578030,Accounting
-R.Bruno,Construction Div.
J.Florin,M&T Lab
I.Bergeron,Mapping Div. ATTESTED: April 24, 2001
Recorder(via Clerk),then PW Engineering Services
Joye Fukuda,City of San Ramon JOHN SWEETEN, Clerk of the Board of Supervisors and
Chris Truebridge,Sam Worden,&Steve Savage County Administrator
c/o Shapell Industries of Northern California
100 N.Milpitas Blvd.
Milpitas,CA 95035
American Casualty Company of Reading,Pennsylvania
21650 Oxnard Street,Ste.760 By ,Deputy
Woodland Hills,CA 91367 �:
RESOLUTION NO. 2001/ 161
e�jlc
SUBJECT: Accept Completion of Improvements, Subdivision 7981, San Ramon area
DATE: April 24, 2001
PAGE: 7
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $303,500.00,
Bond No. 158540049 issued by the above surety be RETAINED for the six month lien guarantee
period until September 14, 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 North Gale Ridge Road and Hedgecrest Circle the
hereinafter described roads, as shown and dedicated for public use on the Final map of Subdivision
7981 filed October 29, 1997, in Book 396 of Maps at page 13, 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 MOU.
Road Name Road-R/W Widths Lengths (Miles)
N. Gale Ridge Road 40764' .19
Hedgecrest Circle 34'/52' .35
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the $6,100.00 cash deposit (Auditor's Deposit Permit No. 294281, dated April 24,
1997) made by Shapell Industries of Northern California and the performance/maintenance surety
bond rider for$90,135.00,Bond No. 158540049 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.
` D
CMA SUREry Executed in Duplicate .
Increase -Decrease Rider
TO BE ATTACHED TO and form part of Bond Number 158 540,049 _ 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 Contra Costa County, CA
hereinafter referred to as the Obligee, effective the
day of, April.. -... � ... I
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it Is
understood and agreed that effective the 24th day of _ April 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 Six Hundred Thousand Nine Hundred Dollars no/100** Performance Only
__.__....__. Dollars($600,900.00* }
to the sum of .Ninety Thousand One Hundred Thirty Five Dollars no/100 " Performance Only
Dollars($90,135.00** },
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
Six Hundred Thousand Nine Hundred Dollars no/100** Performance Only
Dollars($600,900.00** }
or for any loss occurring subsequent to said date shall not exceed the sum of Ninety Thousand One Hundred Thirty Five
Dollars no/100 ** Performance Only Dollars( $90,135.00.**
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 10th day of April 2001
Accepted By:
Shapell Industries of Northern California,
County of Contra Costa a Division of Shapell Industries, Inc.
d /
(Principal)
�.
BY., CJl`' � uJ 1 �` 13 (Seal)
e (Seal)
Am Casualty Company of Reading, PA
(S ety)
(Seal)
Pdmela L. Stocks Attomey-In-fact
SUR-23169-D
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
Pamela L. Stocks, Beverly A. Hall, Sandra V. Hanner, Individually
of Sherman Oaks, California
their true and lawful Attom ey(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 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 Witness 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 7th day of January 2000
CONTINENTAL CASUALTY COMPANY
rcl� 5 �[�,, � "r�`� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
oOOPO1ure r, i,` AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
tZ
Ov
SEAL `C � t 170E
1897 • dt�
State of Illinois, County of Cook,ss: Marvin J.Cashion Group Vice President
On this 7th day of January , 2000 ,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;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' •
S DIANE FAULKNER
• Notary P bl e,stag of quinols
• My Cormlfssbe MWIres 9/17/01
My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
1, 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 each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the
said corporations this 10th day of Aprll 2001 .
p1SUq CONTINENTAL CASUALTY COMPANY
,��„ D/Mr0`4' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
oO1yTe r, • a9t AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
ca��4v
� JVIY 11,
Ov SEAL ';) 1711E
1897 �4M1,� • T1'P
Mary A. Ribikawskis Assistant Secretary
(Rev.10/1/97)
State of CALIFORNIA
County of LOS ANGELES
On April 10, 2001 before me, Sandy Iianner - 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 persona) whose name(#is/Riemsubscribed to the within instrument and acknowledged to me that
liredshe/itm*executed the same in hlisJher/*n1c authorized capacity0e4 and that by W /her/ifs
signatureo) on the instrument the person(g), or the entity upon behalf of which the person(o acted,
executed the instrument.
SANDY HANN3t WITNES my hand and o ' ial seal.
s Commission#1188693
Z Notay Pubfic-California
Los Angeles County SIGN TORE OF NOTARY
My Comm.Expires Jul 2,2002
OPTIONAL
Though the data below is not required by taw, 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 tN-FACT
(_) TRUSTEE(S)
(,) GUARDIAN/CONSERVATOR
(—)
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Casualty Company
of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE
G-107426-S
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
00 ----------- -
State of
County of
On before me,
a4 Z 14U/L) X,
Date Name and Title of Officer(e.g.,"Jan elDoe Aotary Publ"
personally appeared Z9 I
a e14;Jq� t_- Ale-LL
�j
Names)of Signer(s)
El personally known to me-OR-0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies),and that by
his/her/their signature(s)on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
CAROL ANN BOX executed the instrument.
0 MM. 1198743
0 • NOTARCOY PUBL#IC-CALIFORNIA0
2 SANTA CLAFIA COUNTY 0 W E S my hand and icia seal.
COMM.EXP.OCT.22,2002'A
0
ture Nota ublic
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.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
EJ Individual El Individual
El Corporate Officer El Corporate Officer
Title(s): Title(s):
0 Partner—0 Limited 0 General El Partner—0 Limited El General
0 Attorney-in-Fact El Attorney-in-Fact
0 Trustee El Trustee
0 Guardian or Conservator 0 Guardian or Conservator 0010 4
0 Other: Top of thumb here El Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
1:22
lip
0 1994 National Notary Association-8236 Remmet Ave.,P.Q.Box 7184-Canoga Park,CA 91309-7184 Prod,No.5907 Reorder:Call Toll-Free 1-800-878-8827