HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-026 . . IIII fli III I I[I II ILII I II[Ilf fl II IIII f-Ilii I lilff i fi �' �
CONTRA COSTA Cc Recorder Office
STEPHEN L. WEIR Clerk-Recorder
00
Recorded at the request of: 00C— 2003-0021198—
Contra Costa County
Board of Supervisors WednesdaRS JAN 15, 2003 10:13:51
Return to: 1[!rJ
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Public Works Department Tti Pd
Engineering Services Division
Records Section I r e/R9/x 7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 14, 2003,by the following vote:
AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA
NOES: None
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 26
SUBJECT: Accepting completion of improvements for Subdivision 7796/7980,San Ramon area.
(District III)
The Public Works Director has notified this Board that the improvements in Subdivision
7796/7980 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.
JG:cw I herebycertify that this is a true and correct co of an
G:\GipData\EngSvc\BO1200211-14-03\ Py
SUB 7796-7984 Bo-45.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES) Supervisors on the date shown.
Contact: Teri Rie(313-2363)
cc: Public Works -952578430,Accounting
ATTESTED: .JANUARY 14, 2003
-T.Bell,Construction Div. JOHN SWEETEN, Clerk of the Board of Supervisors
-M.Bergeron,
Valdez, Map lab. and County Administrator
-L Bergeron,Mapping Div.
Recorder(via ClW,then PW Engineering Services
J.Fukuda,City of San Ramon
2222 Camino Ramon
San Ramon,CA 94583 By ,Deputy
S.Savage&S.Worden
Shapell Industries of Northern California
100 N.Milpitas Blvd.
Milpitas,CA 95035
American Casualty Company of Reading,PA
21650 Oxnard Street,Suite 760
Woodland Hills,CA 91367
RESOLUTION NO.2003/ 26
SUBJECT: Accepting completion of improvements for Subdivision 7796/7980, San
Ramon area. (District IIT}
DATE: January 14,2003
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of January 14, 2003,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
October 14, 1997 American Casualty Co.of Reading,PA
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $2,985,500,
Bond No. 158774790 issued by the above surety be RETAINED for the six month lien guarantee
period until July 14, 2003, 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 N. Chanterella Dr., R.osincress Dr., Conna Way,
Sorrelwood Dr.,Sorrelwood Ct., and S.Gate Ridge Rd., the hereinafter described roads,as shown
and dedicated for public use on the Final Map of Subdivision 7796/7980 filed October 29, 1997,in
Book 395/396 of Maps at Page 8 and 47, 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)
N. Chanterella Dr. 40'/64' .030
Rosincress Dr. 40'/64' .011
Canna Way 36'/56'-40'/64' .001
Sorrelwood Dr. 36'/56' .038
Sorrelwood Ct. 36'/56' .018
S. Gale Ridge Rd. 58'/82'—40'/64' .021
Bollinger Canyon Rd. Varies .060
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the $57,300 cash deposit (Auditor's Deposit Permit No. 294281, dated April 24,
1997) and additional$2,400 cash deposit(Auditor's Deposit Permit No. 302256,dated September
30, 1997) made by Shapell Industries of No. California and the performance/maintenance surety
bond rider for$886,700,Bond Number 158-774-790 issued by American Casualty Co.of Reading,
PA be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until
release by this Board.
RESOLUTION NO. 2003/26
SUREff Executed in Triplicate
Tract 7796/7980 Gale Ranch
Increase-Decrease Rider
TO BE ATTACHED TO and form part of Bond Number .4.. ,, 158 774 790 Issued by the
American Casualty Company of Reading, PA
as Surety.on behalf of Shapell Industries of Northern California,A Division of Shapell Industries, Inc.
of Milpitas, CA
_.... ,hereinafter referred to as the Principal,and
in favor of County of Contra Costa
of Martinez,CA
hereinafter referred to as the Obit$ee,effective the
25th day of. . sgptember1997,
IN CONSIDERATION of the premium charged fiDr the attached bond and other good and valuable consideration it is
understood and agreed that effec W*the M 22nd day of October , 2002 ,and subject to all the terms,
conditions and llmbdons of the a#tached bond,the penal sum thereof shall be and the same Is hereby decreased
from the sum of Five Million Nine Hundred Eleven Thousand Three Hundred and no/100 Performance Only)
Dollars{ $5,911,300.00 )6
to the sum of ..Eight Hundred Eighty Six Thousand Seven Hundred and no/100 ( erformance Onlvl
$886,700.00 ).
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond,
theate Kabillty of the Surely for any bas ocoun_*V prior to said daisy shalt not exceed the�ur�of
Five inion Nine Hundred Eleven Thousand Three Hundred and no/100 ( e ormance Only)
.. ..._ �.Dogs( $5,911,300.00 )>
or for any loss occurring ent to sold date shall not exceed the sum of
Eight Hundred Elahty Six Thousand Seven Hundred and no/100 (Performance Only)Dollars
In no event,however,shall the aggregate lability of the Surety wweed the larger of the eforementloned sums, It being the
Intact hereof to preclude cumuh6m liablillty.
SIGNED,SEALED AND DATED this 28th day of October 2002
Accepted By:
Shapell Industries of Northern California,
County of Contra Costa a Division of Shapell industries, Inc.
(Prl+c )
iezo rk�)_/_a
Seal?
04 4
�vest P�I
American Casual Company of Reading, PA
f {5
-- (Seal)
SUR-23189-Q PBrn6la L. Stocks Attorney-Mact
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,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(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,Individually
of Sherman Maks,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 25th day of June,2002.
o,
Continental Casualty Company
ft,5 National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
v r.
I Michael Gengler Group Vice President
State of Illinois,County of Cook,as:
On this 25th day of June,2402,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,an Illinois
corporation, National Fire insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,
Pennsylvania,a Pennsylvania corporation 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.
sA�k�s�M+M�is�sni
*OFFICIAL SEAT"
DIANE FAULKNEIl n
Notary Public,Stott of Illinois
My Commission Expires 4/17/05
000000001
My Commission Expires September 17,2045 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of
Hartford,a Connecticut corporation,and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation 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 1 have hereunto subscribed my name and affixed the seal of
the said corporations this 28th day of .C1Ct-�sber
Continental Casualty Company
o wrowtrs National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
SEAL M i`
CrC..
Mary A.Ribikawskis Assistant Secretary
(Rev. 10111/41)
State of CALIFORNIA
County of LOS ANGELES
On October 28,2002 before me, Sandy banner - Notary Public
[lute NAME,TITLE OF OFFICER., 'JANE OOE. NOTARY PUBLIC-
personally appeared Pamela L. Stocks
NAME(S)OF SiGNER(S)
(2L) personally known to me-OR -w (—) proved to me on the basis of satisfactory evidence to be
the person{) whose names}is/xmmubscribed to the within instrument and acknowledged to me that
Wshe/itW executed the same in bdWher/haslet authorized capacity , and that by NWher/tl
signature(a) on the instrument the person(it), or the entity upon behalf of which the person(30 acted,
executed the instrument.
=YHANNEFt WITNE5 my hand and o ' seal.
SANDY
Commission; 1382157
-r Notary Public-Califomis
Los Angeles County SIGNAI#JRE OF NOTARY
My Comm.Expires Jul 2,2005
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
TITLES) TITLE OR TYPE OF DOCUMENT
(-r}
PARTNER(S) (_._j LIMITED
{�..) GENERAL
NUMBER O>= PAGES
( )
ATTORNEY-IN-FACT
TRUSTEE(S)
(_} GUARDIAN/CONSERVATOR
(�) OTHER
DATE OF DOCUMENT
SIGNER lS REPRESENTING:
NAME OF PERSONS OR ENTITY(IES)
American Casualty Company
- of Reading, Pennsylvan a
SIGNER(S)OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
r
State of California
County of 57� ss.
On ti /a2lC :2-- before me,
Data Nara and Title of Officer(e.g..'Jim Doe.Notary Pdaft)
personally appeared mAa« ��k sttc D-\J'+2�4_ -_Oe_ W A L.e
Nan»a>01 S"qs)
ersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) •isfare
subscribed to the within instrument and
acknowledged to me that he#jWhey executed
�. � the same in bistheir authorized
=,CET.KRUSE capacity(ies), and that by WeA#of heir
Commission#1318897 signature(s)on the instrument the person(s),or
Notary Public-California the entity upon behalf of which the person(s)
Santa Clara County ir acted, executed the instrument.
4%f4fy Cwm EvMu Aug 24,2W5
iTNFSS my hand and offic I seal.
S"U"of Notary Pum
OP L
Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document 7c_t �1 ` 1 9 `S'
Title or Type of Document: 7:LN C `,C3e!
Document Date:- fl Z Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
d Individual Top of ftmn here
'corporate Officer—Title(s): -r C .
® Partner—0 Limited 0 General
0 Attomey-in-Fact
* Trustee
Cl Guardian or Conservator
0 Other:
Signer Is Representing: c®
01899 National Notary Assodetbn•83M De Soto Avg.,P.O.Bou 2402•Chatsworth,CA 81919.2402•www.nadonWnutary.org Prod No.6907 Reorder.CAN Tog-Free 14806.870-68827