HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-385 ^ 437
s Recorded at the request of:
CONTRA COSTA Co Recorder Office
Contra Costa CountyBoard of STEPHEN Lt WEIR Clerk-Recorder
Return t Supervisors DOC— 2004-0269363-00
Public Works Department
D
Engineering Services Division Wodt tiesday, JUL 14, 2�i 04 10:18:04
FRE $0.00
Tt 1 Pd $0,00 Nbr4002231051
Irc/RS/1-9
THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 13, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 20041 385
SUBJECT: Accepting completion of improvements for Subdivision Agreement on Feathermint
Drive, Melrose Court, and Pyral Court for Subdivision 02-08688, San Ramon
(Dougherty Valley) area. (:District III)
The Public Works Director has notified this Board that the Subdivision improvements in
Subdivision 02-08688 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.
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Gr:\GrpData\EngSvc\BO\2004\07-13-04\SD 8688 B0-45.doc
Originator: Public Works(ES)
Contact: Teri Rie(313-2363)
Recording to be completed by COB
I.D.95-2578030 I hereby certify that this is a true and correct copy of an
CC. Public Works T.Bell,Construction Div.
J.Ysmael,Engineering Services action taken and entered on the minutes of the Board of
Shapell Industries of Northern California Supervisors on the date shown.
100 North Milpitas Blvd.
Milpitas,CA 95035
Attn:S.Savage,S.Worden,&J.Gold ATTESTED: JULY 1.3, 2004
National Fire Insurance Company of Hartford
Attn:Pamela Stocks JOHN SWEETEN, Clerk of the Board of Supervisors and
5820 Canoga Ave.,Suite 200 County Administrator
Woodland Hills,CA 91367
City of San Ramon
Attn:Chris Low
3180 Crow Canyon Pl.,Ste 140
San Ramon,CA 94583 By l^ ,Deputy
385
RESOLUTION NO.2004/
SUBJECT: Accepting completion of improvements for Subdivision Agreement on Feathermint
Drive, Melrose Court, and Pyral Court for Subdivision 02-08688, San Ramon
(Dougherty Valley) area. (District III)
DATE: July 13, 2004
PACE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of July 13, 2004 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
May 25, 2004 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment(labor and materials) surety for$502,250.00,
Bond No. 929270253 issued by the above surety be RETAINED for the six month lien guarantee
period until January 13,2005,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 Subdivision improvements in Subdivision 02-08688
are ACCEPTED AS COMPLETE.
BE IT FURTHER RESOLVED that Feathermint Drive,Melrose Court,and Pyral Court,the
hereinafter described roads,as shown for public use on the Final Map of Subdivision 02-08688,filed
June 1,2004 in Book 465 of Maps at pages 1-20,Official Records of Contra Costa County, State of
California, are ACCEPTED AS COMPLETE. Upon completion of the one'-year warranty and
maintenance period, the San Ramon City Council shall accept the public improvements for
maintenance in accordance with the Dougherty Valley Memorandum of Understanding.
Road Name Road Widths R/W Widths. Lengths (Miles)
Feathermint Drive 36' 56' 0.21
Melrose Court 36' 56' 0.13
Pyral Court 36' 56' 0.02
BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period
is hereby established,and the$10,000.00 cash deposit(Auditor's Deposit Permit No.408866,dated
July 17,2003)made by Shapell Industries of Northern California and the performance/maintenance
bond rider for$149,750.00, Bond No. 929270253 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.
RESOLUrION NO. 2004/385
Executed in Triplicate
Tract 8088/N-28 /Gallery
CMASUREry
Increase -decrease Rider
TO BE ATTACHED TO and form part of Bond Number - 929 270 253 issued by the
National Fire Insurance Company of Hartford
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 Obilgee,effective the
8th day of JuMY®2
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable crsnsideretion it is
understood and agreed that effective the1. 18th day of May , 200 ,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 sure of Nine Hundred Ninety Four Thousand Five EJundr€rJ N0/1 QQ***
Dollars( $994,500.00*"7
to the sum of One Hundred Fortv Nine Thousand Seven Hundred Fifty No/100***
Dollars($149,750.00—* ).
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond,
they argIiabrility of the Surety for any loses occurring prior to said dateshall not exceed the sum of
Nine unfired Ninety Four Thousand Five Hundred No/100***
Dollam($,994,500.00****
or for any loss tocurring subsequent to said date shall not exceed the gum of
One Hundred Forty Nine Thousand Seven Hundred Fifty No/100*** Dollars0149,750.00*** )
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 18th dayof May-, 2004 .
Accepted By:
Shapell Industries of Northern California, a Division of
Coun of Contra Cost Shapell Industries, Inc.
(Principal)
By; i (Seel)
n ria A. Cook , Asst. V.P.
By: /i 1%, ,
n Cox , Asst. Sec.
National Fire Insurance CornpaDy of Hartford
rety)
6 ..v (Seal)
Pamela L. Stocks Attorneyin-fact
SUR.23189-D
POWER OF ATTC...NEY APPOINTING INDIVIDUAL A-.. fORNEY-IN-FACT
Know Ali 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 seats herein affixed hereby
matte,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 sirrltar 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'Witimm 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.
a
d Continental Casualty Company
o ►ir x National Fire Insurance Company of Hartford
NLY 3
i, American Casualty Company of Reading,Pennsylvania
SEA>`
Imp
Michael Gengier Group Vice President
State of Illinois,County of Cook,as:
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 seats of sold 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 said corporations and that he signed his mime thereto pursuant to like
authority,and acknowledges same to be the act and deed of said corporations.
NOMNMiiMiiNi�N�1i`i•N w
•iOFFICIAL t1W
i Now>r rwr.ON*1*srw.
My Commission Expires September 17,2001 Diane Faulkner 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 Attomey herein above set forth is stili 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 I have hereunto subscribed my name and affixed the seal of the said corporations this 18th day of
Continental Casualty Company
National Fire Insurance Company of Hartford
P . American Casualty Company of Reading,Pennsylvania
SEAL r'
(Rev. 1/23/01) Mary A.Rlbikawskis Assistant Secretary
authorizing By-Laws and Resolutio,is
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 foi€owing By-Law duly adopted by the Board of
Directors of the Company.
"Article 1X—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 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 attomeys-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 attomey-in-fact"
This Power of Attorney is sighed 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, 9993.
"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 W—Execution of obligations and Appointment of Attx y-iri-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 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 attomeys-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 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 heli 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 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 bored 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 Attomey-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 sea€of the Corporation thereto.The President,an Executive Vice President,arty 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,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 sea€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 seat shall be
valid and binding on the Corporation.Any such power so executed and seated 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 Cai{fomia
County of Las Angeles
On MAY 18. X004 before me, Sandy Hanner- Ngj= Pubic
Date NAME, TITLE OF OFFICER„ "JANE DOE, NOTARY PUBLIC"
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
}
personally known to me -OR - (_..,r) proved to me on the basis of satisfactory evidence to be
the person(&) whose name(*isht»ubscribed to the within instrument and acknowledged to me that
W sheljbgt,executed the same in hfia/her/taIr authorized capacity0ws and that by XWher/WfiTy
signature(ts) on the instrument the person(11), or the entity upon behalf of which the person(so acted,
executed the instrument.
SANDY WAi1NER- �-jWITNESS y hand and ofrf3ci eal.
_ p
commission#1362157 � ►
Notary Public-C®ifforniet3NARE OF NOTARY
Los Angeles County Si
Mty Comm.Expires Jul 2,2006
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons refying 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 PACES
(� ) TRUSTEE(S)
GUARDIAN/CONSERVATOR
(�..) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
National Fire Insurance Cormoanv
-of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
G-107428-8
NOTICE
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 (collectivdly the "Writing Companies") as surety
or insurer: Western Surety Company, Universal Surety of America, Surety Banding
Company of America, Continental Casualty Company, National.Fire Insurance
Company of Hartford,American Casualty Company of Reading, PA, The Fir men's
insurance Company of Newark, NJ, and The Continental Insurance Company.
I)ISCLO911RE aF PRI✓1't=
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
DISCLOS=. OF FEDERAL FARTMEAMIN IN PAYMENT DF MRRQIISX
T Q 'E
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Form F7310
., `'/i "W\ N. , \,^,"�"`v:✓ ` '✓,✓ ..... J I J,i'r �vJv r:✓Jy'�!v'V✓�:'f�v �/v��v✓_ :^/:1�^�� ��
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
>' County of Santa Clara
On May 19,2004,before me, Janice T. Kruse,Notary Public personally appeared, ?,
Marie A. Cook& Iden Cox personally known to e to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same �z
>$ in their authorized capacity, and that by their signature on the instrument the persons, or ;
t the entity upon behalf of which the persons acted, executed the instrument. I�
3y
777
s Commia # t�3te647 r WI'T'NESS my hand a4d off tial seal.
Nokuy Pubbc-camornia
krft Gig county '
My Co[rzrrs.6galra�Au�}2�t, ':>
Signature of Notary Public
zz
Optional Information
2) �t
ii Title or Type of Document: Increase/Decrease Rider- Tract 8688- Gallery,Bond �
?<r #929270253
Capacity Claimed by Signer Assistant Vice President and Assistant Secretary of `
°< Shanell Industries,Inc.
It
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