HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-718 1111111111111 IN I IIII 111111111 e0`,
CONTRA COSTA Cc Recorder Office
STEPHEN L, WEIR Clerk-Recorder
Recorded at the request of: DOC— 200 --0587788-00
Contra Costa County Thursday, DEC 04, 2003 08:27:08
Board of Supervisors FRE $0.00
Return to:
Public Works Department Tt1 Pd $0,00 Nbr-OOO1S86813
Engineering Services Division Z r c/RS/1—8
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 2, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 718
SUBJECT: Accepting completion of improvements for Subdivision 7984, San Ramon
(Dougherty Valley) area. (District III)
The Public Works Director has notified this Board that the improvements (Alkante Court,
Elegans Court, Asterbell Drive, Asterbell Court, Star Jasmine Drive, Maxwell Court, Nicholas
Court, Ian Court, Campanula Drive,Hollyview Drive,Hollyview Court)in Subdivision 7984 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 December 2, 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 8, 2002 National Fire Insurance Company of Hartford
TR:sr
G:1GrpDatalEngSvclBO\2003112-02-031St 7984 B0.45.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Teri Rie (31.3-2363) action taken and entered on the minutes of the Board of
Recording to be completed by COB Supervisors on the date shown.
ec: Public Works -Tax I.D.95-2578030,Accounting
-T.Bell,Construction Div.
-J.Florin,M&T Lab ATTESTED: DECEMBER 02,_ 2003
-H.Finch,Maintenance Div. JOHN SWEETEN,Clerk of the Board of Supervisors
-1.Bergeron,Mapping Div. and County Administrator
-J.Gray,Engineering Svc.
T. 10/2/04
Sheriff-Patrol Div.Commander
CHP,c/o Al By Deputy
CSAA—Cartog
City of San Ramon—Attn:Chris Low
2222 Camino Ramon,San Ramon,CA 94583
Shapell Industries of Northern California,Attn:S.Worden&S.Savage
PO Box 361169,100 N.Milpitas Blvd.,Milpitas,CA 95035
National Fire Insurance Company of Hartford
5820 Canoga Ave.Suite 200,Woodland Hills,CA 91367
RESOLUTION NO.2003/ 718
POWER OF ArfORNEY APPOINTING IlV'IBIVII)UAL 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 offroes 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 Bali,Sandra V Banner,Individually
of Sherman Oaks,CA,their true and lawful Attorney(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
adapted,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 9th day of July,2003.
GAS o, Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
8EAL
ta4Y �
Michael Gengler Sena Vice President
State of Illinois,County of Cook,ss:
On this 9th day of July,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
EUZA PRICE a
W"#W KXK^WAT*w wwus
rr commasm WNW""?N#
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
. Hanford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the
•Vower 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
pante opttjme reverse hereof is still i 2043 e. In testimony w have hereunto subscribed my name and affixed the seal of the said corporations this
44 h day of Nom:
a, Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
illy 11,
SEA
Ott
Mary A.Rtbikaj9kis Assistant Secretary
Foran F6853
Authorizing By-Laws and Resolutions
ADOPTED BY TIME 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 fu l 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 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
Comparry at a meeting duly called and held on the 17a 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-ft-Fact
Section 2. 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 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 hill 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 ureter 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 17*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 17,1493 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 Amorney-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 17*day of February,1993.
"RESOLVED: That the signature of the President, an Executive Vire 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,
1493 and the signature of a Secretary or an Assistant Secretary arsd the seal of the Corporation May affixed by facsimile to any certificate of stay 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."
a
Mate of CALIFORNIA
County of LCIS ANGELES
On Noyamber 14.2003 before me, Sandy Hanner-Notary Public
oats NAME.TITLE OF OFFICER.,",LANE DOE,NOTARY PUBLIC"
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
{ ) personally known to me--OR—( -. ) proved to me on the basis of satisfactory evidence to be
the persono) whose name(of ishtrmtsubscribed to the within instrument and acknowledged to me that
b*shefIW executed the same in Ww/herl1=X authorized capacltyosaa and that bytWherlw
signature(a)on the Instrument the person($), or the entity upon behalf of which the person(30 acted,
executed the instrument.
-- OftSANay WITN%SIGN
my hand and offlcia seal.
Comms S 1362157
.� Notary P btio-C RE OF NOTARY
Loa Angaka CoWu*
My Comm.Ex iraa Jut 2,2W$
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
NUMBER OF PAGES
OL) ATTORNEY-IN-FACT
{.� } TRUSTEES)
{�} GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insuraroe Company
of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
o-,uraaaa
NOTICE
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for hands 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 (collectivdly the "Writing Companies") as surety
or insurers 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.
DSUREEF pRFrvrrLrrvr .
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
The United States will pay ninety percent (905/6) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Form F7310
SUBJECT: Accepting completion of improvements for Subdivision 7984,.. San Ramon
(Dougherty Valley) area. (District III)
DATE: December 2, 2003
PAGE: 2
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $2,742,300,
Bond No.929247986 issued by the above surety be RETAINED for the six month lien guarantee
period until June 2, 2004, 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 the hereinafter described roads(listed below),as shown
and dedicated for public use on the Final Map of Subdivision 7984 filed October 28,2002,in Book
448 of Maps at Page 29, Official Records of Contra Costa County, State of California, are
ACCEPTED. Shapell Industries will maintain the roads during the warranty period.
Road Name Road-R/W Widths Road No. Lengths (Miles)
Alkante Court 56 36 0.01
Elegans Court 56 36 0.04
Asterbell Drive 56 36 0.49
Asterbell Court 56 36 0.02
Star Jasmine Drive 56 36 0.30
Maxwell Court 56 36 0.03
Nicholas Court 56 36 0.04
Ian Court 56 36 0.03
Campanula Drive 56 36 0,24
Hollyview Drive 56 36 0.34
Hollyview Court 56 36 0.02
BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period
is hereby established, and the $54,800 cash deposit (Auditor's Deposit Permit No. 391840, dated
August 22, 2002) made by Shapell Industries of Northern California and the performance surety
bond rider for $814,500, Bond No. 929247986 issued by National Fire Insurance Company of
Hartford be RETAINED pursuant to the requirements of Section 94-4,406 of the Ordinance Code
until release by this Board,
RESOLMON NO. 2003/71.8
Executed in Triplicate
SURM Tract 7984,Gale Ranch 11 Neighborhood 1
Increase -Decrease Rider
TO BE ATTACHED TO and form part of Bond Number ..929 247 986 p _......._... issued by the
_ _NatlonaI firg Insurance Company of Hartford
as Surety,on behalf 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 Obliges,effective the
14th .day of. .
IN CONSIDERATION of the premium charged for the attached bond end other good and valuable consideration It Is
understood and agreed that effecWe the__ _2nd_ day of . December, 2003 ,and subject to all the terms,
conditions and limitations of the attached bond,dte penal sum thereof shall be and the some is hereby decreased
from the surrt of Alva Millinn Foijr Hundrt4d Twanjy Nina ThniLn.Eind Fight Hundred Unilars N,QJ1Q0
__.__....� . Dollard( $5429,800.00 )
r
to the sum of .Eight Hundred Fourteen Thousand Five Hundred No/100*** Performance Only w _
Dollars(SA1.4..500--QO ),
IT is FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond,
theflabiihy+of the Bur fcr on lois occunrin prior to sold date shall not exceed the sum of
Five Il11on Four Hundred Twenty Nine Thousand Ei Fit Hundred Dollars No/100
Dollars{$51429,800.00 }
or for any loss occurring subsequent to said date shall not exceed the sum of
Eight Hundred Fourteen Thousand Five Hundred No/100*** Performance Only —Dollars(�.._..,_�........_ .7.
In no event,however,she#the aggregate llablkly of the Surety exceed the lamer of the aforementioned sums, it being the
Intent hereof to preclude cumule0ve liability.
SIGNED,SEALED AND DATED this 14th day of November, 2003
Accepted By,
Shapell Industries of Northern California,
County of Contra Costa a Division of Shapell industries, Inc.
(Principal)
8 : ay-1 All (Seal)
Ken Cox, Asst, Secretary
B : Seel
Robert Moore, Asst. Vice President
National Fire Insurance Company of Hartford
(Surety)
'
(Seal)
SUR-23189-D Pamela L.Stocks Attomey-In-fact
v�
:y
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara >
On November 17,2003,before me,Janice T. Kruse,Notary Public personally appeared
Ken Cox & Robert D. Moore, personally known to me to be the persons whose names
are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacity, and that by their signature on the instrument the
persons, or the entity upon behalf of which the persons acted, executed the instrument. r;
C6ftWA%WW'#131"97
WITNESS m hand and official seal.
lei bpo"IL9324
kwft Geta CCU* � ' y 4
Si ature of Notary Public
Optional Information
Title or Type of Document: Gale Ranch Il Neighborhood 1.Tract 7984—Surety
Bond Increase/Decrease Rider.
Capacity Claimed by Signer. Assistant Secretary& Assistant Vice President of
Shavell Industries,Inc.
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