HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-603 � !IlIIIIlIIIII!lIIIlIIIlIIII!lIIIlIlIIlIIIIlIIIlII
CONTRA COSTA Co Recorder Off ice
Recorded at the request of: STEMN L. UEIR, Clerk-Recorder
Contra Costa County DDC— 2001-0304007--00
Board of Supervisors Wednesday, DEC 19, 2001 15:22:37
Return to: FRE $0.00
Public Works Department ! �/��{
Engineering Services Division I t l Pd $0.60 Nbr-VV�y65,�0y�
Records Section
lrc/R9l1-7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 18, 2001 by the following vote.
AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema
NOES: Nene
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 2001/603
SUBJECT: Accept Completion of Improvements for Subdivision 8135 being developed by
Shapell Industries of Northern California, San Ramon area(District IIT).
The Public Works Director has notified this Board that the improvements in Subdivision
8135 have been completed as provided in the Subdivision Agreement with Shapell Industries of
Northern California heretofore approved by this Board in conjunction with the filing of the
Subdivision Map.
G.\GrpData\EngSvc\$0120ol\TerM\SUB8135$o-45.doc 1 hereby certify that this is a true and correct copy of an action
JC:Iad taken and entered on the minutes of the Board of Supervisors
originator- Public Works(ES)
Contact: Teri Rio(313-2368) on the date shown.
cc: Public Works-Tax I.D.952578030,Accounting
-R.Bruno,Construction Div.
-J.I;loria,M&T Lab
-It Finck Maintenance Div. ATTESTED: December 18 , 2001
-1.Bergeron,Mapping Div.
Tickle File-lo-19-02 JOHN SWEETEN,Clerk of the Board of Supervisors and
Recorder(via Clerk),then PW Engineering Services
Joye Fukuda,City of San Ramon County Administrator
CHP,do AT
CSAR—Cartog
Shapell Industries of Northern California �
Attu:Steve Savage&Sam Worden By a - a _Y� .Deputy
American Casualty Cmpany
21650 Oxnard Street,Ste.760
Woodland Hills,CA 91367
RESOLUTION NO.2001! 60.3
CONTRA COSTA Co Recorder Office
Recorded at the request of: STEL L. UETRClerk-Recorder
Contra Costa County DOC. 200'1-0394007-00 �/s
Board n t Supervisors WisdnOsdaY, DEC 19, 2001 15:22:37
Public Works Department PRE $�'�$
Engineering Services Division Tt l Pd $0.60 *r„IING505
Records Section 1 r c/R g/1—7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on December 18, 2001 by the following vote:
AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema
NOES: Done
ABSENT: None
ABSTAIN: None
RESOLUTION NO,: 2001/603
SUBJECT: Accept Completion of Improvements for Subdivision 8135 being developed by
Shapell Industries of Northern California, San Ramon area{District IIl}.
The public Works Director has notified this Board that the improvements in Subdivision
8135 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:1CrpData\Engsvc\BO\2001\Tm*\SUB8135 Bo-45.doc I hereby certify that this is a true and correct copy of an action
JC:lad taken and entered on the minutes of the Board of Supervisors
originator: Public Works(ES)
Contact: Teri Ric(313-2368) on the date shown.
cc: Public Works-Tax I.D.952578030,Accounting
R.Bnnm,Construction Div.
J.Florio,M&T LAb
-FL Finch,Maintenance Div. ATTESTED: December l 8 , 2001
1.Bergeron,Mapping Div.
TicUe File-10-18-02 JOHN SWEETEN,Clerk of the Board of Supervisors and
Recorder(via Clerk),then PW Engineering Services County Administrator
Joye Fukuda,City of San Ramon
CHP,c/o Al
CSAR—Cartog
.Shapell Industries of Northem California
Attn:Steve Savage&Sam Warden By a ( .Deputy
American Casualty Conpany
21650 Oxnard Street,Ste.760
Woodland Hills,CA 91367
RESOLUTION NO.2001/ 603
SUBJECT: Accept Completion of Improvements for Subdivision 8135 being developed by
Shapell Industries of Northern California, San Ramon area(District I1I).
DATE: December 18, 2001
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of December 18,2001 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
February 2, 1999 American Casualty Company of
Reading, Pennsylvania
BE IT FURTHER RESOLVED the payment(labor and materials) surety for$867,300.00,
Bond No. 190523772 issued by the above surety be RETAINED for the six month lien guarantee
period until June 18, 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 Cattleya Court,Cattleya Drive,Lantana Way,Lilac ridge
Road and Tigerside Way the hereinafter described roads,as shown and dedicated for public use on
the Final Map of Subdivision 8135 filed February 5, 1999,in Book 407 of Maps at page 18,Official
Records of Contra Costa County, State of California, are ACCEPTED as complete.
Road Name Road-R/W Widths Lengths (Miles)
Cattleya Court 36/56 0.01
Cattleya Drive 34/52 0.21
Lantana Way 34/52 0.16
Lilac Ridge Road 39/63 0.72
Tigerside Way 34/49 0.30
BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is
hereby established, and the$17,400.00 cash deposit (Auditor's Deposit Permit No. 325271, dated
January 6, 1999) made by Shapell Industries of Northern California and the
performance/maintenance surety bond rider for $257,600.00, Bond No. 190523772 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. Upon
completion of the maintenance period, the improvements will be accepted for maintenance by the
City of San Ramon.
RESOLUTION N0. 2001/603
rxeCuted in Triplicate
3"URM G Tract 8135, Glen Bridge
Increase -Decrease Rider
TO BE ATTACHED TO and form part of Bond Number ..... 190 523 772_ _ -.. 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 W as the Principal,and
in favor of County of Contra Costa
of. ....Martinez, CA __..._... .. .._.. . .. ,..,.. ,... . .. ..____.. _,.. . ..__. ..,. ..,...
hereinafter referred to as the Obligee,effective the
17th y ,day of, _ Decembgr 1998
IN CONSIDERATION of the premium charged for the attached bond end other good and valuable consideration I Is
understood and agreed that effective the1 nth____- _ day of December ,, 2001 ,and subject to all the terms,
conditions and lirrrltations of the attached bond,the penal sum thereof shall be and the same Is Hereby decreased
from the sura of One Million Seven Hundred Seventeen Thousand Two Hundred No/100 (Performance Only)
___. _....__. Dollars{ $1,717,200.00 _
to the sum of Two Hundred Fifty Seven Thousand Six Hundred No1100 (Performance Only)
--_—Dollars($257,600.00 )•
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 sold date shall not exceed the MerToorfnance Only)Million Seven Hundred Seventeen Thousand Two Hundred Noll 00
. ._.... . . ,.._.�..�.Dollars($1,717,200.00
or for any lose occurring subsequent to said date shall not exceed the sum of
Two Hundred Fifty Seven Thousand Six Hundred No/100 (Performance 6-ny) dollars($257,6W.00_._..,_
f=
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 day of 20101
30th
Accepted 13y:
Shapell Industries of Northern California,
County of Contra Costa a Division of Shapell Industries, Inc.
(Principal)
g ; (Seal)
.C. Truebridge
st~. 'Viae President
America. Casualty Company of Reading, PA
(Surety)
sz ; (seal)
erzo_9�,an 'Sandra V. Hanner Attorney-1p-fect
POWER OF ATTORNEY APPOINTING INDIVIDUAL, ATTORNEY-IN-FACT
Know AIA 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.Harmer,lndividua
of Sherman Oaks Californian
their true and lawful Athxney(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 mature
-In Ununited Amounts-
and to bind them thereby as fultyy 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 28th day of October , 1998
CONTINENTAL CASUALTY COMPANY
ASIO. a" NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
cl
SEAL
tID97 '
Mann J.Cashion Group Vice President
State of Illinois,County of Cook,as:
On this 28th day of October 1998 ,before me personally carne
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 instrumert 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 sold corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to
be the act and deed of said corporations.
IJOTARVPisC
My Commission Expires March 8,2000 Mary Jo Abel 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 nam and affixed the seals of the said corporations
this 30th day of Nayenber 2001.
CONTINENTAL CASUALTY COMPANY
x°`Fy�r �dprlllea NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
AKY 31. copi
°a SEAL
,ear,
Mary A.Ribikawskis Assistant Secretary
(Rev.1011197)
At..norizing 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 IXX--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 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 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
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 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 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 VI—Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.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 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 atkomey-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 time signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certiifiicate 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,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,
undertakings and other obligatory instruments of like nature.Such Attomsy-in-Fact,subject to the limitations set 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 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 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,an Executive Vice President or any Senior or Group Viae 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,shah 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 LDS ANGELES
On Novel r 30, 2001 before me, B. Hail- Notary Public
Data NAME,TITLE OF OFFICER.,"JANE DOE, NOTARY PUBLIC"
personally appeared Sandra V. Hanner
NAME(S)OF SIGNER(S)
( } personally known to me–OR-- {__) proved to me on the basis of satisfactory evidence to be
the person4) whose name(SY ish moubscribed to the within instrument and acknowledged to me that
Wshe/AW executed the same in hdr/her/fticauthorized capacity{, and that bytiwher/t#
signature(s) on the instrument the person(g), or the entity upon behaN of which the person(} acted,
executed the instrument.
S.HALL WITNESS rpy hand and official seal.
jLI .wComm—ilalon#1186M
Notary Public-Callft mia SIt3NATURE 01=NOTARY
Us Angeles County
WComrrt. Jun14,2tX} 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) ( ) LIMITED
GENERAL
NUMBED OF PAGES
( }
ATTORNEY-IN-FACT
( ) TRUSTEE(S)
( } GUARDIAN/CONSERVATOR
(�} OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONS}} OR ENTITY(IES)
American Casualty Company
of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE
b-107426-e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of _ ..
' ^� fid ,
Qn \'�l "C2 '-"' \ , before me,
Date Nam and Title of Officer(e.g.,"Jane Doe,Notary Public')
personally appeared
Names)of Signer(s) 13
`P personally known to me i
❑ 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
ANft7NNE1"fBFtuwAFlElD capacity(ies), and that by his/her/their
Cumrnlsstoni i3ii53 signature(s)on the instrument the person(s), or AEM
Notary Aublla-CalMomla the entity upon behalf of which the person(s)
Sarft Clara county acted, executed the instrument.
Mycorn.E*ms Jul:10,20
WITNESS my hand and official seal �
Place Notary Seal Above Signature of Notary Public
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 DoepMent 1 ,
Title or Type of Document: %'
Document Date: —QA Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
Top of thumb here
0Corpora#e C>flicer—Title(s): ---
❑ Partner—❑Limited ❑General
❑ Attorney in Fact
i ❑ Trustee t
i�
❑ Guardian or Conservator
❑ Other:
i
Signer Is Representing:
l
i
01999 National Nofaty Aaaoda&m+935tt Eta Soto Ave.,P.O.Erne 2442•Cnatswom,CA 91313-2402 Fred_No.51107 Header:Call 7flN-Free 1-900-876-b827