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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-294 CONTRA COSTA Co Recorder Office Recorded at the request of, STEPHEN L, UEIR Clerk-Recorder Contra Costa County OC- 200' —0179764-00 Board of supervisors Thwaday,, MAY 19, 2005 10:40:39 Return to: FRE $0.00 Public Works Department y A+� 4 Engineering Services Division T6I Pd $@.N Nbr-0002704201 1rc/R9I1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on May 17, 2045, by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2005/ 294 SUBJECT: Accepting completion of improvements for Subdivision Ot-08564, San Ramon (Dougherty Valley)area. (District III) These improvements are approximately located near Bollinger Canyon Road and Briar Oaks Road. The Public Works Director has notified this Board that the improvements in Subdivision 01- 08564 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. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of May 17, 2005 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: TR:rnt G.1GrpData\EngSvCxBO\2005\05-17\SD 01-08564 BO-45.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact:Teri Rie(313-2363) Recording to be completed by COB action taken and entered on the minutes of the Board of I.D.95-2578030 Supervisors on the date shown. cc: Public Works T.Bell,Construction Div. M.Valdez,M&T Lab H.Finch,Maintenance Div. -1.Bergeron,Mapping Div. ATTESTED MAY 17, 2005 1.1 arEngineerings T.—March 17,2006 p JOHN SWEETEN, Clerk of the Board of Supervisors and -Tc Sberili=Patrol Div.Commander County Administrator CHP,c/o AI CSAA—Cartog, Shapell Industries of Northern California, a Division of Shapell Industries,Inc. 100 N.Milpitas Blvd. By ,Deputy Milpitas,CA 95035 Attn:S.Savage&S.Worden National Fire Insurance Company of Hartford 5820 Canoga Ave.,Ste 200 Woodland Hills,CA RESOLUTION NO.20053 294 SUIRJECT: Accepting completion of improvements for Subdivision 01-08564, San Ramon (Dougherty Valley) area. (District III) DATE: May 17,2005 PAGE: 2 DATE OF AGREEMENT NAME OF BANK/SURETY March 4,2003 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials)surety for$2,102,800.00, Band No. 190 775 280 issued by the above surety be RETAINED for the six month lien guarantee period until November 17,2005,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 Briar Oaks Drive,Saturn Park Drive,Tiger Lily Drive, Deldrin Court, Begonia Court, Graciosa Court, Brower Court, and a portion of Brower Way and Saturn Park Court, the hereinafter described road(s), as shown and dedicated for public use on the Final Map of Subdivision 01-08564 filed April 2,2003,in Book 453 of Maps at Page 1-9, Official Records of Contra Costa County,State of California, is/are ACCEPTED and DECLARED to be County roads) Road Name Road-R/W Widths Lengths (Miles) Briar Oaks Drive 36'-56' (varies 81.05 at Bollinger entry)- .44 Saturn Park Drive 36'-56' .26 Tiger Lily Drive 36'-56' .09 Deldrin Court 36'-56' .04 Begonia Court 36'-56' .03 Graciosa Court 36'-56' .03 Brower Court 36'-56' .11 Brower Way 36'-56' .03 Saturn Park Court 36'-56' .02 BE IT' FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$42,100.00 cash deposit(Auditor's Deposit Permit No.397647,dated December 18, 2002) made by Shapell Industries for Northern California and the performance/maintenance surety bond rider for $624,525.00, Bond No. 190 775 280 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. Upon acceptance by the Board of Supervisors,the City ofSan''Ramon shall accept Briar Oaks Drive, Saturn Park Drive,Tiger Lily Drive,Deldrin Court,Begonia Court, Graciosa Court,Brower Court,Brower Way and Saturn Park Court for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2005/294 Tract 8564, N-B,Coronado UT INCREASE DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 190 775 280 issued by the National Fire insurance Company of Hartford ,as Surety, on behalf of Shapell Industries of Northern CaIIf0M'aL 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 12th day of �p�cernber , _70.02 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 14th day of March , 2005 ,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 sum of Four Million One Hundred Sixty Three Thousand Five Hundred No/100' Dollars($4,163,500.00—.-,_),to the sum of Six Hundred Twenty Four Thousand Five Hundred Twenty Five No/100"'_ Dollars($ 624,525:00" ). 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 prior to said date shall not exceed the sum of Four Million One Hundred Sixty Three Thousand Five4,163,500.00" _Hundred No/100' Dollars($ ) or for any loss occurringsubsequent to said date shall not exceed the sum of Six Hundred Twenty Four Thousand Five Hundred Twenty Five No/1oo"" Dollars($ 624,525.00— In 24.525:00"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 16th day of March 2005 Accepted By: Shapell industries of Northern California, a Division County of Contra Co of Shapell Industries, Inc. (Principal) By B 1 (Seal) �— Y �y JC'..C 1 r (Seal) By �okj � b. t1i fif i YS� a t- ' National Fir Insurance Company of Hartford Form F4768 By / � � 1�Gi cL:_- _( ell) Pamela L. Stocks Attorney-in Fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY4N-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation,NATIONAL FIRE INSURANCECOMPANY 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 Hanner, individually of Sherman Oaks,California their true and lawful Attomey(s)-in-Fant with full power and authority hereby conferred to sign,seal and execute for and on thein 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 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 adopted,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 day of January 2000 CONTINENTAL CASUALTY COMPANY tr "r0' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA Z JULY 71. O� BF.ML. Y �� a. 19Gt T ,iJ! (fj/• 1007 N1N1'�"' � Marvin J.Cashion Group Vice President State of Illinois,County of Cook,ss: 2000 ,before ca personally came On this 7th day of January Marvin J. Cashion,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 executedthe 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' ©ME FAIJU NER VCL"_�---� + fi tt ubso.owe of Finds • + Mir CoMnlews" 9117101 . 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 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 stili in fa�o 1n testimony whereof I have hereunto s ed my name and affixed the seals of the said corporations this 1t7 day of CONTINENTAL CASUALTY COMPANY etsuR, �°� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA cowoftre v SEA 1097 Mary A.Ribikawskis Assistant Secretary (Rev.10/1/97) Authorizing By-Laws 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—Farecutan 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 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 attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the followingResolution 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 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 seat 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 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 theCompany 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 dulycalled and held on the 17th day of February,1993. "Resolved,that the signature of the President or any:Executive,Senior or Group VicePresidentand 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:Thatthe President, an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attomeys-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 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 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, shaft 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 March 16,2005 before rne, Sandy Hanner-Notary Public On pr to NAME.TITLE OF OFFICER.. "JANE C)OE. NOTARY PUBLIC" Pamela L.Stocks personally appeared NAm E(S)OF SIGNER(S) (_2L) personally known to me-OR- (._....) proved to me on the basis of satisfactory evidence to be the person(g) whose name(S) WUM subscribed to the within instrument and acknowledged to me that No/shel* tt executed the same in lherl*gW authorized capAdty(hW) and that by blisrl'heri WAW signature(s)on the instrument the person(3), or the entity u on behalf of which the persons acted, executed the instrument. WITNE r my hand and o ' I seal. SANDY HANNERd Commission#1362157 SfCiNAT11Rtc of NOTARY -� Notary Public-Ceftmis Los Angeles County My Comm Expires Ju[2,2flt16: OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent"fraudulent rea tachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHEDDOCUMENT (_..} INDIVIDUAL. CORPORATE OFFICE! TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED {_} GENERAL NUMBER OF PAGE'S (-2L) ATTORNEY-IN-FACT ( } TRUSTEE($) ( ) GUARDIANXONSERVATOFt (r..) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: : NAME OF PERSON(S)OR ENTt'T'Y(IES) N a, t Fire insurance CgMganyof Hartford SIGNER(S) OTHER THAN NAMED ABOVE t3-f0747d•B 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 (collertively 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 Dartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. PRET XIM The premium attributable to coverage for terrorist acts certifiedunder the Act was Zero Dollars ($0:00). VP AT,P` TI ATI INP 4 ' RRORISM LOB ' The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable suretylinsurer deductible. Form(7310 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara March 1$ 20US before me,Janice T. Kruse,Notary Public personally appeared, On Ma s ' Robert D. 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 an the instrument the persons,or the entity upon behalf of which the persons acted, executed the > instrument. 'r 1ANICE KttusE WITNESS my hand and official seal. 7 Commission t# 1318697 Notary Public CaNtornla _ ?, salla Clara County MY Comm.EXpiresAug 04,'IWAS IF Signature of Notary Public >; a►ptianal Information Title or Type of Document: Increase/Deerease hider Tract 8564 Capacity Claimed by Signer: Assistant Vice President and Assistant.Secretary of 5 Shanetl Industries,Inc..