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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-278 CONTRA COSTA Cc Recorder Office Recorded at the request of: STERN L. IEIR Clerk-Recorder Contra Costa County DOC— 200 -0168 1 62-01)Board of Supervisors Return to: Wednesday, My 11 2005 10:94:07 Public Works Department F" $0.00 Engineering Services Division I L i Pd $@.N Nbr-002691 1rc/R9/1'-9, THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 10, 2005,by the following vote: AYES: SUPERVISORS GIOIA,P11PHO, DESAt.TLNIER, GLOVER AND UILKEMA NOES: NONE ABSENT. NONE ABSTAIN: NONE' lSOETTIOI N0.241 2 SUBJECT: Accepting completion of improvements, Subdivision 02-08686, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located south of Bollinger Canyon Road. The Public Works Director has notified this Board that the improvements in Subdivision>02 08686 have been completed as provided in the Subdivision Agreement with Shapell Industries of Northern California, a division of Shapell'Industries, Inc., heretofore approved by this Board in conjunction with the filing of the Subdivision Map: dY:rm G:\Grpl)ata\EngSvc\B0\2005\05-101SD 02-08686 BO-45.doc Originator: Public Works(Es) I hereby certify that this is a true and correct copy of an Contac: Teri mp13-2363> Recording to be completed by COB action taken and enteredon the minutes of the 'Board of I.D.95-257803{? Supervisors on the date shown. cc: Public Works T.Bell,Construction Div. -M.Valdez,M&T Lab H.Finch,Maintenance Div. ATTESTED. MAY 1.0, 2005 I.Bergeron,Mapping Div. Ysma -J.Ysma 'el,Engineering Svc. JOHN SWEETEN, Clerk'of the Board of Supervisors and Sheriff-Patrol Div.Commander County Administrator CHP,c/o Al CSAA Cartog Shane]]Industries'of Northern California 100 N.Milpitas Blvd. Milpitas,CA 95036 By_ Deputy Attn:S.Savage,S.Worden National'Fire Insurance Company of Hartford 5820 Canoga Ave.,Ste 200 Woodland Hills,CA 91367 RESOLUTION NO.2005/ 27$ SUBJECT: Accepting completion of>>improvements, Subdivision 02-08686, San Ramon (Dougherty Valley) area. (District III) DATE: May 10,2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of May 10,2005 thereby establishing the six-month terminal period for the filing of liens in of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY August 3,'2004 National Fire Insurance Company ofHartford BE 3T FURTHER RESOLVED the payment(labor and materials)surety for$843,750,Bond No. 929 299 750 issued by the above surety be RETAINED for the six month lien guarantee period until November 10, 2005, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims can file. BE IT FURTHER RESOLVED that Basswood Drive,Magnolia Bridge Drive,Mountan Ash Lane,and Willow Bend Way,the hereinafter described roads,as shown and dedicated for public use on the Find Map of Subdivision 02-08686 filed August 3 2004;in Book 467:of Maps at Page 13-25, Official Records of Contra Costa County, State of California,are ACCEPTED AS COMPLETE. Road Name Road-T /W Widths Lengths (Miles) Basswood Drive 56 017 Magnolia Bridge Drive 56 0.19 Mountain Ash Lane 56 0.12 Willow Bend Way 56 0.16 Shapell Industries will maintain Basswood Drive,Magnolia Bridge Drive,Magnolia Bridge Drive,Mountain Ash Lane, and Willow Bend Way during the warranty period. BE IT FURTHER RESOLVED that the beginning;of the warranty period is hereby established, and the $16,900 cash deposit (Auditor's Deposit Permit No. 426873 dated June 24, 2004)made by Shapell Industries of Northern California,a division of Shapell Industries, Inc. and the performance/maintenance bond rider for$250,590, Bond No. 929 299 750 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code untilrelease by this Board. All deposit permits are on file with the Public Warks Department. RESOLUTION NO. 2005/278' Tract 86861, N-15 Viliepaseo,Gale Ranch II TY INCREASE -DECREASE RIDER' `r0 BE ATTACHED TO and form part of Bond Number 929 299 750 issued by the ' National Fire Insurance Company of Hartford as Surety,on behalf of Shapell industries of Northern California a Division of Shapell Industries Inc. of Milpitas,CA hereinafter referred to as the Principal,and in favor of County of Contra Costa' of Martinez,CA hereinafter referred to as the Obligee, effective the 11th day ofJune 2004 . IN CONSIDERATION of the premium:.charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 15th day of March , 2005 and subject to all the terms, conditions and limitations of the attached gond, the penal sum thereof shall be and the same is hereby **DECREASED*' — from the sum of One Million Six Hundred Seventy Thousand'Six Hundred No/10G- Dollars($ 1,870,600.00— ),to the SUM of Two Hundred Fifty Thousand Five Hundred Ninety No/100— Dollars($ 250,590.00** ) 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 pilar to said elate shall not exceed the sum of One Million Six Hundred Seventy Thousand'Six Hundred No/100— Dollars($ 1,870,800.00** ), or for any loss occurring subsequent to said date shall not exceed the sum of Two Hundred Fifty Thousand Five Hundred'Ninety No/100** Dollars($ 250.580.00** 1. 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 GATED this 16th day of March.2005. Accepted By: Shapell Industries of Northern California, a Division Co of Contra Costa of Shapell industries,Inc. (Principal)' By By (Seal) By, (Seat) A Nationalfirp Insurance Company of Hartford Form F4763 J'. utety) By (Seal) Pamela L.Stocks Al.torncy-in-Fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know AN Men lay 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 Pamela L.Stocks, Beverly A.Hall, Sandra V. Kanner,Individually of Shannon Oaks,California 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 there 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 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 adopter!, 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: 7th stay of January 2000 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD) �' ogre AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA JULY 3t, Marvin J.Cashion Group Vice President State of Illinois, County of Cook,as: On this 7th day of January 2000;,before me personally carne Marvin J.Cashion,to me known,who,being by me'duly swam,did depose and say:Fat he'resides in the City of Chicago,State of Illinois; that he is a Group Vice President of CONTINENTAL CASUAL'T'Y 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 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. !!�►!!##♦+i'!!!#S#qtr#�Ih�i*�+.Iry4Y# -OFAORAL ii6AV # ! DANE FAULXNER # ! li 'pim 0117/011 i 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 herebycertifythatthe 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 1 have hereunto a�J cubed my name and affixed the seals of the said corporations this 16th day of March L� CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA �• JULY tai. / J -• 8EU..1 � L.✓C... Coe 1aagT Mary A.Ribikawskis Assistant Secretary (Rev.1 Ott 197) State of California County of Los Angeles On March 16,2005 beforeme, Sandy Hanner-Notary Public r oste NAME.TITLE OF OFFICER.. 'JANE DOE NOTARY PUBLIC' personalty 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(s)whose name(s) is/om subscribed to the within instrument and acknowledgedto me that helshel*ttgt executed the same in Nalher/itlnair authorized capacity0m), and that by hWhertMOW signature(s)'on the instrument the person(f), or the entity upon behalf'of which the person(s) acted, executed the instrument. WITNESS y hand and al seal.` SANDY'HANNER _ Commission#i,:kM167 y *." My Notary Public-California SIONA E OF'NOTARYlos Angeles County Comm;Expires Jul Z 2OW f 0PTl0NAL Though the data glow Is not required by law,It may prove valuable to persons retying 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 O GENERAL (X) ATTORNEY-IN-FACT NUMBER of PAGES TRUSTEEjS) GUARDIANICONSERVATop OTHER DATE OF DOCUMENT SIGNER IS REPRESENTMQ: NAME OF PERSON(S)OR ENTtTY(IES) Na#innal mra lnct„anrp Corn oany of Hartford SIGNER(S)'OTHER THAN NAMED ABOVE ¢•t6t#26.9 CE In accordance with the Terrorism Risk Insurance Act of 2902, we are providing this disclosure notice fox 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, Nd, and The Continental Insurance Company. DISCLOSURE 01-t PRYEIVITUIVj The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.09). DISQLOSURE OF E E E&RTICIPATION IN P OF TERRORISM LOS The United Mates will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible, Form FMIO y� >1 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara >. >� On March 18,2005,before me,Janice T. Kruse,Notary Public personally appeared, ?` Robert A Moore &J. L. Luedemann 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. >� JANICE T.K#tUS :> >S Commission# 1318647 WITNESS my hand and official seal. Notary Public-Callfomla Sarin Clara bounty >5 W CrNnm.Explm Aug 2412EX15� ILI— Signature ofNotary Public" l { Optional Information �s Zl s> Title or Type of Document: Increase/Decrease Rider Tract 8686 t s Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary,of ' Shanell Industries.Inc.. s