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Home My WebLink AboutRESOLUTIONS - 01012003 - 2003-536 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 9, 2003,by the following vote: AYES: SUPERVISORS GIOLA, UILKEMA, GREENBERG AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR GLOVER ABSTAIN: NONE RESOLUTION NO, 2003/ 536 SUBJECT: Approval of Road Improvement Agreement for Monarch Road, RA 1135, Subdivision 7984,being developed by Shapell Industries ofNorthern California,San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval for Monarch Road, road acceptance file RA 1135(Subdivision 7984)property located in the San Ramon(Dougherty Valley) area, Supervisorial District.III. A Road Improvement Agreement with Shapell Industries of Northern California;principal, whereby said principal agrees to complete all improvements,as required in said road improvement agreement,within one year from the date of said agreement.Improvements generally consist ofroad and drainage improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action Originator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors Contact: Teti Rie(313-2363) on the date shown. SG:rm G:1GrpData\EngSvc1$01200319-09-03\RA 1135 130-15.doc cc: Public Works-T.Bell,Construction SEPTEMBER � �� Current Planning,Commuttity Development ATTESTED: 1 T—July Industries o) JOHN SWEETEN Clerk of the Board of Supervisors and Shapell Industries afNorthern California s Sam Worden&Steve Savage County Administrator Pfi1'Box 361169 100 N.Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance Company of Hartford Pamela Stocks �� ,Deputy 5820 Canoga Avenue,Suite 200 Woodland Hills,CA 91367 RESOLUTION NO.2003/ 536 SUBJECT: Approval of Road Improvement Agreement for Monarch Road, R.A. 1135, Subdivision 7984,being developed by Shapell Industries ofNorthern California,San Ramon (Dougherty Valley) area. (District III) DATE: September 9, 2003 PAGE: 2 1. Cash Bond Performance Amount: $21,700.00 Auditor's Deposit Permit No. DP 408866 Date: July 17, 2003 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 11. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929270250 July 3,2003 Performance Amount: $2,147,300.00 Labor&Materials Amount: $1,084,500.00 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc., A Deleware Corp. NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. ........... RESOLUTION NO. 2003/536 COUNTY Of CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ` ( ) ORGANIZATION NUMBER •4F� lt..J(� X� (For Cash Collection Procedures see County Administrator's Bulletin Io5.) DESCRIPTION FUND/ORCx ACCT. TASK OPTION ACTIVITY AMOUNT t awl %wo 'rG j r i I 1 C i 1 t i 1 t t I t I 1 1 P i EANAs ,' /16) . DEPOSIT i Deposit consists of the following items and CURRENCY $ KS,M.O,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE COY DEPOSIT PERMIT Dp___` NUMBER AS The amount of money described above is for Treasurer's receipt of a deppsit into the County amount is approved Receipt of above amount is hereby Treasurx ackrawledged. •> U�T.' Signed: Signed` f P+ny Auditor Deputy County Treasurrsr D-34 REV.(7-93) 819800-0800: G1120511, $10,000.00, Sub 8688, Performance Cash Bond, Shapell Industries of N. CA, PO Box 361169, 100 N. Milpitas Blvd., Milpitas CA 95035 819800-0800: G1120512, $21,700.00, RA1135, Performance Cash Bond, Shapell Industries of N. CA, PO Box 361169, 100 N. Milpitas Blvd, Milpitas CA 95035 0649-9665 1 831000: G1120511, $48,700.00, Sub 8688, Inspection Fee Deposit, Shapell Industries of N. CA, PO Box 361169, 100 N. Milpitas Blvd., Milpitas CA 95035 0649-9665 1 831000: G1120512, $101,100.00, RA1135, Inspection Fee Deposit, Shapell Industries of N. CA, PO Box 361169, 100 N. Milpitas Blvd., Milpitas CA 95035 1 4 Bond No.: 929270250 Development: RA 1135(Cross Ref SUB 7984) Monarch, Gale Ranch 11 Premium: $16,105.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer (Principal) has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along RA 1135(Cross Ref SUB 7984) to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION: Shapell Industries of Northern California,A Division of Shapell Industries, Inc.,a Delaware Corp.,as Principal and National Pre Insurance Comaanv of Hartford , a corporation organized under the laws of the State of CT , and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves, our firs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: Two Million One Hundred Forty Seven Thousand Three Hundred Dollars and 001100 Dollars $_2,147,300.00 ( )for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: One Million Eighty Four Thousand Five Hundred Dollars and 00/100 Dollars ($ 1,084,500.00 ) to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.) above is such that if the above bonded Principal, heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and prove in the said agreement and any alteration thereof made as therein provided on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa or city assignee, its officers,agents and employees, as therein stipulated, then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil.Code for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and .fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be My performed then this obligation shall become null and void, otherwise it shall be and remain in fish force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on July 3, 2003 Shapell Industries of Northern California,A PRINCIPAL: Division of Shapell Industries,Inc.,a Delaware Corp. SURETY: National Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 5820 Canoga Avenue, Suite 200 City: Milpitas Zip; 95035ly Woodla d Hills gip; 9136 By: c � ,: t: �. Print Name: Ro + b h&b0 Z . J.�r- Print Name: Pamela L. Stocks Title: Title; Attorney-in-Fact By: Print Name and Title: (�t1i� CtCP A� tlfifl :mW rTwsi\srIARDATnuGtpnffi.%c rsxWM\13 r-iz.ac N TI E In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM_ L SSE The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 POWER OF AT' 2NEY APPOINTING INDIVIDUAL ATTr NEY-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 Ball,Sandra V Banner,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-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 6th day of March,2003. ctowo Continental Casualty Company National Fire Insurance Company of Hartford �"e4� American Casualty Company of Reading,Pennsylvania nnrsi, •ramuz# Michael Gengler Se9dr Vice President State of Illinois,County of Cook,ss: On this 6th day of March,2003,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 Senior 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. OFFICIAL.SEAL a ELIZA PRICE • rarer KWJ%arxrtor■UWS W00MVunar awaft.ew746 My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE I,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�`n�the Board of Directors of the corporations printed on the�rcverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this day of y 2003 W rust ®rV0010,04., Continental Casualty Company FNational Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania IBM 107 trottt�" �AaVkakis Form F6853MaryAssistant Secretary Authorizing By-Lawn 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 IX—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 thererto. 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 ttorney-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 17d'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 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 Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The.Chairman of the Board of Directors, the President or any Executive, Senior or Group Vise 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, bands, 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 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 171°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 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 Attorney-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 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 116 day of February,1993. "RESOLVED: That the signature of the President, an Executive Vice 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 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,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 _ July 3, 2003 before me, Sandy Hanner-Notary Public Date NAME, TITLE OF OFFICER., "JANE DOE, NOTARY PU LIC- 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(&) whose name(4 is/Amoubscribed to the within instrument and acknowledged to me that WshellhW executed the same in bdu/her/tkolit authorized capacity, and that by 9wher/4 signature(s) on the instrument the person($), or the entity upon behalf of which the person(30 acted, executed the instrument. D WITNESS y h=UREOF official seal. Commisai+�aK 1382157-a NotaryPublic-Celifornis Loa Angeles County GN OTARY any Comm.Expires Jul 2,2008 OPTIONAL Though the data below is not required by law, it may prove valuable topersons 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 { } ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTMeft THAN NAMED ABOVE. d-io7s26-B CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i, State of California County ss. of On ! J S before me, Date} Name and Tide of Officer(0-g.,'Jane Doe,Notary Pu.gc"1 personally appeared N,aame-{-e)�of Signer(s) l personally known to me C] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4e/are subscribed to the within instrument and acknowledged to me that4mWe4e/the executed JANICE T.KRUSE t the same in WeA%r/their authorized k, r. Commission#1918997 i capacity(ies), and that by fsiitsftreTPtheir Notary Public-California y signature(s)on the instrument the person(s),or Santa Clara County the entity upon behalf of which the person(s) wCo rm MVIrU0AU924,2W5 acted, executed the instrument. IT SS my hand and,offficciia eal. 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 Document Title or Type of Document: .�k C f`� j` ,t,} fV�c?> - `°� � Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: CJ In iduai Top of thumb here orporate Officer�-Title(s): L S� .�` , �. C's O Partner—112 Limited ❑General ❑ Attomey-in"Fact ❑ Trustee 11 Guardian or Conservator C) Other: Signer Is Representing-7_-�i` e.-11 ��n1 1 0 1999 National Notary Association"91 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402"www.nationalnotary.om Prod.No.5907 Reorder:Call Tog-Free 1-8ti0.878.8827