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Home My WebLink AboutRESOLUTIONS - 01012001 - 2001-487 '144 II'II'II�I III I'IIIIII�'II'I / CONTRA TS. TA Co RecorderIIIIIIII G ' I�D STEPHEN WEIR Clerk-Reorder Recorded at the reuest or: DOC— 2001-0 Contra Costa County312937—( Q Board of Supervisors Nednesday, OCT 17 2001 08: Return to: ,}y $0.00 15:25 Public Works Department tb 1 Pd $0.99 Engineering Services Division Nbr 0009568923 Irc/RS/1-2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 16, 2001 by the following vote: AYES: Supervisors Gioia, Gerber , DeSaulnier, Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.2001/ 487 SUBJECT: Accept Completion of Improvements for Subdivision 8131 being developed by Shapell Industries of Northern California, San Ramon area, District 3. The Public Works Director has notified this Board that the improvements in Subdivision 8131 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. G:\GrpData\EngSvc\BO\2001\Tenp\SUB 8131 BO-45.doc JC:lap Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an action Contact: Teri Rie(313-2363) taken and entered on the minutes of the Board of Supervisors cc: Public Works-Tax I.D.95-2578030,Accounting R.Bruno,Construction Div. on the date shown. J.Florin,M&T Lab H.Finch,Maintenance Div. -I.Bergeron,Mapping Div. Recorder(via Clerk),then PW Engineering Services ATTESTED: O r_t nh o r 16 , 2U01 Sheriff-Patrol Div.Commander CHP,c/o Al JOHN SWEETEN, Clerk of the Board of Supervisors and CSAA-Cartog County Administrator Shapes]Industries of Northern CA Attn: Steve Savage&Sam Worden 100 North Milpitas Blvd. Milpitas,CA 95035 American Casualty Company of Reading,PA By Deputy P.O.Box 4132 Woodland Hills,CA 91367 Joye Fukuda,City of San Ramon RESOLUTION NO. 2001/ 4 8 7 SUBJECT: Accept Completion of Improvements and Declaring Certain Roads as County Roads, Subdivision 8131 being developed by Shapell Industries of Northern California, San Ramon area, District 3. DATE: October 16, 2001 PAGE: 10 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of September 25, 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 March 23, 1999 American Casualty Company of Reading, PA BE IT FURTHER RESOLVED the payment (labor and materials) surety for $334,100.00, Bond No. 190723499 issued by the above surety be RETAINED for the six month lien guarantee period until March 25,2002, 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 Lilac Ridge Road, Jadecrest Drive and Jadecrest Court, the hereinafter described roads,as shown and dedicated for public use on the Final map of Subdivision 8131 filed April 13, 1999,in Book 408 of Maps at page 42, 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 Memorandum of Understanding. Road Name Road-R/W Widths Lengths (Miles) Lilac Ridge Road 36/56 0.45 Jaderest Court 36/56 0.13 Jadecrest Drive 36/56 0.08 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $6,682.00 cash deposit(Auditor's Deposit Permit No. 328421, dated March 9, 1999)made by Shapell Industries of Northern California and the performance/maintenance surety bond rider for$99,228.00,Bond No. 190723499 issued by American Casualty Company of Reading,PA be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2001/487 Executed in Triplicate SURETY Tract 8131, Fairway Bridge in San Ramon Increase -Decrease Rider (� •�� TO BE ATTACHED TO and form part of Bond Number 190 723 4.99._ 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 — 4th_ .day of, - r Marchi 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__--2nd day of . October , 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 Sixty One Thousand Five Hundred Eighteen and No/100 (Performance Only) ----- -- Dollars($661,518.00 ) to the sum of .Ninety Nine Thousand Two Hundred Twenty Eight and No/100 (Performance Only)_ ' --Dollars( $99,228.00 )• ..IT IS FURTHER UNDERSTOOD and agreed that subject to all the terns, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurring prior to sold date shall not exceed the sum of Six Hundred Sixty One Thousand Five Hundred Eighteen and No/100 (Performance Only) ----•-•-•-—• __. ,. __. ._�Dollars( $661,518.00 ) or for any loss occurring subsequent to said date shall not exceed the sum of Ninety Nine Thousand Two Hundred Twenty Eight and No/100 (Performance Onl bollars( $99.228.00 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 17th day of September 2001 Accepted By: Shapell Industries of Northern California, County of Contra Costa a Division of Shapell Industries, Inc. rincipal) i3 B (Seal) Ma7"'L' Cook By: Worden American Casualty Company of Reading, PA (Sure ) — _ -.�:� !r � �`_4 (Seal) erra_��,aan Pamela L. Stocks Attomey-in-fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company, National Fire Insurance Company of Hartford,and American Casualty Company of Reading, Pennsylvania(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, Individually Of Sherman Oaks,California their true and lawful Attomey(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 Vice President and their corporate seals to be hereto affixed on this 3rd day of August,2001. �!y c►.sw�ry alsee,�, �""ra Continental Casualty Company c�° rF ` �wconrcapto National Fire Insurance Company of Hartford Z S # American Casualty Company of Reading,Pennsylvania ov SEAL Roza 1897 � 1fAlrtF� • _ / " -'(�na„� /�_,(I Michael Gengler Group Vice President State of Illinois,County of Cook,ss: On this 3rd day of August,2001,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 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' • DIANE FNJLK dER � i N.d NMf,swe of IWmb i • lirOrrtM, 114MNSM7101 Z••HN• .NN•N••N•••••• My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE I,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 the corporations printed on the reverse hereof is still in force. In testimony whereof e t hem e h reunto subscribed my n 2 e d affixed the seal of the said corporations this ]7t-h day of P1 01 oAsW� oa-w, � Continental Casualty Company �►aurr ,�,� _ National Fire Insurance Company of Hartford Fo American Casualty Company of Reading,Pennsylvania o � a nnr�i,SEALA1897 • (Rev. 1!23!01) Mary A.Ribikawskis Assistant Secretary State of CALIFORNIA County of LOS ANGELES On September 17, 2001 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(x) whose name(4 ishimmubscribed to the within instrument and acknowledged to me that WWshe4W executed the same in hWher/WsIx authorized capacityoes , and that by wher/#M signature($) on the instrument the person(g), or the entity upon behalf of which the person(o acted, executed the instrument. SANDY HANNER WITN SS my hand and o 'al seal. Commission#1188693 z ^,� Notory Public-Caiifomia Los Angeles County SIGNATURE OF NOTARY My Comm.Expires Jul 2 2OU 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 (X} ATTORNEY-IN-FACT NUMBER OF PAGES {_} 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-107426-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. i .. I On G - �� 0 before me, �fl1(1f✓ � C ��utY��1 ,�� I; Dale Name and Title of Offiicer(e. c/ g.,"Jane Doe,Notary Public") personally appeared i�(1 �r ` e.nC ' Name(s)of Signer(s) I personally known to me ❑ proved to me on the basis of satisfactory evidence i to be the person(s) whose name(s) is/are ANTOINETTE 21JIWIRELD subscribed to the within instrument and Commission#_1315M acknowledged to me that he/she/they executed Notary Public-California the same in his/her/their authorized Santa Clara County capacity(ies), and that by his/her/their My Comm.Expiresul3or2005 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I ITNESS my hand and official seal. I Cl i` Place Notary Seal Above Signature of Notary Public I 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. I• Description of Attached Document Title or Type of Document:'tel CSC CVA_:>C,Ll i �1 ( Document Date: Number of Pages: I Signer(s)Other Than Named Above: I Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual • ❑ Corporate Officer—Title(s): Top of thumb here ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee I ❑ Guardian or Conservator ❑ Other: I. Signer Is Representing: I i ®1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•—.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827