HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-374 CONTRA CTA Co Recorder Off ice
Recorded stfCounthe request of. STEPHEN L. R Clerk-Retorder
Contra Costa County C11 ss��jl�,�r�,
Public Warks Department DOC— 200 -02391X45-- 0
Engineering Services Division
Return to: MO&WO&Y, JUN 29, 2005 15:15;42
Public Works Department FIRE 50.00
Engineering Services Division I L l Pd Ibr-O2771915
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 21, 2005 by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
. . _�
SUBJECT: Accepting completion of improvements and Road Improvement Agreement for RA
01-01114(cross-reference Subdivision 7984),San Ramon(Dougherty Valley)area.
(District III)
These improvements are approximately located south of Bollinger Canyon Road.
The Public Works Director having notified this Board that the improvements for RA 01-
01114 (cross-reference Subdivision 7984) have been completed` as provided in the Road
Improvement Agreement with Shapell Industries ofNorthern California heretofore approved by this
Board;
TP-rr„ I hereby certify that this is a true and correct copy of an
G:tGrpData\EngSvc\BO\2005\06-21\RA 01-01114 B042.doc action taken and entered on the minutes of the Board of
Originator; Public Works{ES}
Contact: Teri Rae(313-2363) Supervisors on the date shown.
Recording to be completed by COB
cc: Public Works -Accounting
-T.Bell,Construction JUNE 2 2005
-T-April 21,2006 ATTESTED:
Shapell Industries of Northern California
100 N.Milpitas Blvd. JOHN SWEETEN, Clerk of the Board of Supervisors
Milpitas,CA 95035 and County Administrator
Attn:S.Savage&S.Worden
National Fire Insurance Company of Hartford
21650 Oxnard St.,#F600 By , Deputy
Woodland Hills,CA 91367
RESOLUTION NO.2005/. 374
SUBJECT Accepting completion of improvements and Road Improvement Agreement for RA
01-01114(cross-referenceSubdivision 7984),San Ramon(Dougherty Valley)area.
(District III)
DATE: June 21, 2005
PAGE. 2'
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of June 21,2005 thereby establishing the six-month terminal period for the filing of liens in case
of action under said Read Improvement Agreement:
DATE OF AGREEMENT SURETY
September 17, 2002 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment(labor and materials);surety'for$1,063,900.00,
Bond No.929247988'issued by National Fire Insurance Company ofHartford be RETAINED for the
six month lien guarantee period until December 21, 2405, 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 thatthestorm drain improvements are ACCEPTED as
COMPLETE.
The developer will maintain the storm drain improvements during the warranty and
maintenance period.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the$21,300.00 cash deposit(Auditor's Deposit Permit No. 391840, dated August
22 20012) made by Shapell Industries of Northern California and the performance/maintenance
surety bond rider for$315,975.00,Bond No.929247988 issued byNational Fire Insurance Company
of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of Ordinance Code
until released by this Board.
RESOLUTION NO. 20051374
"IMPPIVA
SURETY RA-1114,Bollinger Canyon Road, Gale Ranch 11
INCREASE'- DECREASE RIDER
TO BE ATTACHES}TO and form part of Bond Number 929 247 988 issued by the
National Fire Insurance Company of Hartford _. — as
Surety,on behalf of Shaped Industries of Northern California,a_Division'of Shapell Industries Inc of
Milpitas, CA hereinafter referred
to as the Principal,and In favor of _County of Contra Costa
of Martinez, CA hereinafter
referred to as the Obligee, effective the 14th day of _ Auqust 2002 ,
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 16th day of April 2005 and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby **DECREASED** _ from the sura of
Two Million One Hundred Six Thousand Five Hundred and No/100** Dollars{$ 2;106=500:00*` ),to the
sum of Three Hundred Fifteen Thousand Nine Hundred Seventy Five and No/100** Dollars{$ 315,975.00" ),
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 Two Million One Hundred Six Thousand Five Hundred and No/100'* Dollars{$ 2,106.500.00** ),
or for any loss occurring subsequent to said date shall not exceed the sum of
Three Hundred Fifteen Thousand Nle Hundred Seventy Five and No/100** Dollars {$ 315;975.00*. )
In no events 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 12th day of May,2005.
Accepted By' Shapell Industries of Northern California,a.Division
County of Contra osta of Shapell Industries, Inc.
(Principal)
By — By (Seed)
EN COX ASST. SEC.
r c.• "Or ,
By ROBERT D. MO RE , AS T. V.P).
Nationat ire insurance Co,inpany of Hartford
Form F4763 ✓ (Surety)
BYt _- � __: `_ t_. (Seal)
Pamela L. Stocks Attorrcy-in=Foca
POWER OF ATTORNEY APPOINTING INDIVIDUAL 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 AmericanCasualty Company of Reading,Pennsylvania,a Pennsylvania corporation(hereincalled"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 axed hereby make,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Hant>er,Gina O'Shea,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 Senior Vice President and their corporate seals to be
hereto affixed on this l 6th day of April';2004.
�tyc�tr� tit�tr � ` Continental Casualty Company
Id- National Fire Insurance Company of Hartford
e`�"kP� titrr+ or�o American Casualty Company of Reading, Pennsylvania
SEALt,
Michael Gengler Sen' 'Vice President
State of Illinois,County of Cook,ss:
On this 16th day of April,2004,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 lite authority,and acknowledges same to be the act and deed of said corporations.
G►FFG'AZ SEAL +,
ELIZA PRICE •
NOTARY 00WO,•7ATBOF IlL.1NOM
W 60MM MON.0FiRIM:"M74"
My Commission Expires September 17,2006 Eliza Price Notary Public
CERTIFICATE
1 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 ofthe'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
12th day of_ NEly 2005
t, +`a4 Continental Casualty Company
National Fire Insurance Company of Hartford
` �°��re . 'ydevrt American Casualty Company'of Reading, Pennsylvania
ARY It.
> SEAL
Forth F6853-111200.1 Mary A. R ika kis Assistant Secretary
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—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 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 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`h 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 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 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 anytime 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 17"'day of February, 1943.
"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 17"'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 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
OnMay 12,2005 before me, Sandy Hanner-Notary Public
oste NAME. TITLE OF OFFICER., "JANE OOE. NOTARY PUBLIC`
personally appeared Pamela L.Stocks
NAME(S)OF SIGNER(S)
(_2L) personallyknown to me-OR- (_. ) proved to me on the basis of satisfactory evidence to be
the person(s) whose name(2) is/mm subscribed to the within instrument and acknowledged to me that
bts/she/0"executed the same in*W1&1her/t+t W authorized capacity# ws), and-,that by kiwJhertt It
signature(s)on the instrument the persort(f), or the entityu on behalf of which the person(s) acted,
executed the instrument.
WITNESSj,my hand anrcial seal.
SANDYHA ,NER
Commission#1362157A AO SIGNATURE OF NOTARY:-+s Notary Public•California
Los Angeles County OPTIONALMy Camltt.Expires Jul 2,2006
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
(X}
ATTORNEY-IN-FACT
( TRUSTEE(S)
{ .) GUARDIAN/CONSERVATOR
(....) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF'PERSON(S) Oft ENTI`y(IES)
National Fire In1 rranrp Q.n.Mjay of hartford
SIGNER(S) OTHER THAN NAMED ABOVE
0.101426=r1
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.
`leo 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 Dartford,American Casualty Company of Reading, FA, The Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
DISCLOSURE QF REMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
DISOMSURE OF FEI)ERAL PART
LOSSES ICIPATION IN PAYME-N—T OF TERRORISM
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Forum F7310
1;u... ., s..v 'l%\/1.1.�msµ.-^�. \\: '4 ..1r'ti '. I,J. I��.., V*✓ /.., i.
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
Can May 16, 2005,before me,Janice T. Kruse,Notary Public personally appeared
RobertD. Mooreand Ken Cox known to me to be the persons whose name are
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities, and that by their signature on the instrument,the persons or
the entity upon behalf of which the persons acted,executed the instrument.
uwicFausE l7NESS m hand and official seal.
Commission# 1318697 �'
No#dry PubUc-California f soft CIOs County '
MyCo!*+'tm,Expk s Audi 24,2006
Signature of Notary Public
Optional Information
Title or Type of Document: .Decrease Rider-RA 1114-Bollinger Canyon Road
Gale II'
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary o
Sh"eil'Industries,Inc.
DEPOSIT PERMIT
.OFFICE OF COLINTY.AUDITOR-CONTROLLER
;TO THE TREASURER. MARTINEZ,CALIFORNIA
RECEIM FROM
ORGANIZATION NUMBER CDC
(Far Cash Collection Procedures see County Administrotor`s Bulletin 105.)
DESCRIPTION` FUND/ORG SUB.ACCT TASK TION ACTIVITY AMOUNT
ft
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1/1 1 1
} ATi
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EXPLANATIO14:-
�`� TQTAI $ '
j w. DEPOSIT
.. # '
Deposit consists of the following Ilems
COIN and CURRENCY $ �
CHECKS,M,O,ETC $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERM#T d
NUMBER pp
DATE [ I f.• � ,
ASSIGPIE .
The amount of money described above is for Treasurer's receipt-of above amount is approved, Receipt of above amount is hereby
deposit into the County Treasury. acknowledged,
Signed. fA Le' L r1r( rr
/ {4 / ;/ Signed: 1 �r._ft" .x. ( Signed.. ;3
"ft ,( r f ff��i� _f �
Title: t. EXT r:r Depu#y Caurdy Auditor Depuly County"Treasurer
D-34 REV.(7-93) ` '
000649-9665 1831000: 61093910, Shapell Industries of Northern California, 100 North
Milpitas Blvd. Milpitas, CA '95035
$49,920.00, 13A 0004 Plan Check
$44,000.00, DA 0004 Improvement Inspection
8198003-0800: 61093897, $8,200.00, RA 1103 Cash Bond, Shapell Industries of Northern
California, 1007 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 61093898,:$1,000.0 , RA 1104 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
8198001-0800: G1093899, 6,600.00,'RA 1105 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 61093900, $1,200.00, RA 1116 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas,CA 95035
819800-0804: 61093901, ;$2,300.00, RA 1117 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1093902, $19,800.00, RA 1122 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1093903, $1,800.00, RA 1125 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas,CA 95035
819800-08003: 61093904, $26:900.00, SUB 7984 Crash Bond, Shapell Industries of
Northern California, 100 North Milpitas Blvd:'Milpitas, CA 95035
819800-0800: G1093905, $5,500.00, PA 00103 Cash Bond; Shapell Industries of Northern
California, 100 North Milpitas Blvd, Milpitas, CA 95035
8198001-0800: 61093906, $77,,600.00, RA 1122 (SUB 7984) Cash Performance Bond,
Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 61093907, $54,800.00, SUB 7984 (Neighborhood #1) Cash Performance
Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA
95035
819800-0800: 61093908, IgLI 30.00, RA 1114 Cash Performance Bond, Shapell Industries
of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 61093909, $16,400.00, RA 1125 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas,CA 95035
1 r-.