HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-377 CONTRA C TA Cho Recorder Office
Recorded at the request of; STM L.
R 4 leek-Recarde
Contra Costa County --0228 138-00
Board of Supervisors DOC - 2006
Return to: Wsdn+esday, JUN '22, 2000 15:08119
Public Works Department FRE $0.00
Engineering Services Division Tt 1 Pd $8. " Nbr-OW 9 r9i
lrCIRS/1-9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 21,2005,by the following vote:
AYES: SUPERVISORS GIOZA, PIEPHO, DESAULNIER, GLOVER AND UIUCNA
NOES NONE
ABSENT: NONE
ABSTAIN: NONE
5 3I E 0, 3
SUBJECT: Accepting completion of improvements for project being developed by Shapell
Industries of Northern California, Subdivision 04-08699,'San Ramon (Dougherty
Malley) area. (District 111)
These improvements'are approximately located near the intersection of'North Monarch Road
and Bollinger Canyon Road.
The Public Works Director has notified this Board that the improvements in Subdivision 04-
08699 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.
LTrrr,
Cr:\GrpData\EagSvc\BO\2005\06-21\SD 04-08699 B0 45;doc
Originator: Public Works(Es) I hereby certify,that this is a true and correct copy of an
Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of
Recording to be completed by GOB
LD.95-2578030 Supervisors on the date shown.
cc; Public Works -T.Belt,Construction Div.
-M.Valdez,M&T Lab � 21 2005
-.l.Ysmael,Engineering Svc. ATTESTED: t
Shapell Homes -T.-April 2006 JOHN SWEETEN, Clerk.of the Board of Supervisors and
.
100 N.Milpitas Blvd. County Administrator
Milpitas,CA 95035
Attn:S.Savage and S.Worden
National Fire Insurance Company of Hartford
5920 Canoga Ave.;Ste 200;
Woodland Hills,CA 91367 By _ — ,Deputy
RESOLUTION NO.2005/ 377
SUBJECT: Accepting completion of improvements for project being developed by Shapell
Industries of Northern California, Subdivision 04-08699, 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 Subdivision Agreement.
DATE OF AGREEMENT NAMEOF BANK/SURETY
December 14,'2004 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment(labor and materials)'surety for$1,3 73,450.00,
Bond No. 929299756 issued by the above surety be RETAINED for the six month lien guarantee
period until December 21,2005,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 Campion Drive, Kenilworth Way, Candytuft Court,
Chusan Way,Geranium Court,Lenten Way,WaterLily Court,WaterLily Drive,Pearl Crest Court,
Labro Court, and Shell Silver Court, the hereinafter described roads, as shown and dedicated for;
public use on the Final Map of Subdivision 04-08699 filed December 20, 2004, in :Book 473 of
Maps at Page 8-20,Official Records of Contra Costa County,State of California,are ACCEPTED
as'COMPLETE,
Road Name Road-R/'W`Widths ' Lengths (Miles)
Campion Drive 36'''-56' 0.34
Kenilworth Way 36' —56' 0.21
Candytufl Court 36' - 56' 0.05
Chusan Way 36' —56' 0.07
Geranium Court 36' —56' 0.06
Lenten Way 3 ' — 56' 0.04
WaterLily Court 36' —56' 0.03
WaterLily Drive 36' -56' 0.10
Pearl Crest Court 36' —56' 0.08
Labro Court 36' —56' 0.09
Shell Silver Court 36' — 5'6' 0.07
Shapell Industries of Northern California,Inc.will maintain the streets during the warranty
and maintenance period:
BE IT FURTHER 'RESOLVED that the beginning of the warranty period is hereby
established,and the$27,500.00 cash deposit(Auditor's Deposit Permit No. 430054,dated August
23, 2004) made by Shapell Industries of Northern California and the performance/maintenance
surety bond rider for $407,910.00, Bond No. 929299756 issued by National' Fire Insurance of
Northern California be RETAINED pursuant to the requirements of:Section: 94-4.406 of the
Ordinance Code until release by this Board.
All deposit permits are on file with the Public Works Department,
RESOLUTION NO. 20051377
' A SURTY
r LE Tract 8699,N-S,Coronado
INCREASE'- DECREASE RIDER
TO BE ATTACHED TO and form part of Band Number92-9299756 issued by the
National Fire Insurance Company of Hartford as
Surety, on behalf of "Shapely industries of Northern Galiforn'ra,a Division of 5hapelt 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 23rd day of Jule 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 12th day of May 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 Seven Hundred Nineteen Thousand Four Hundred and No/100— Dollars($2 719,400.00** -.;),to the
sum of Four Hundred Seven Thousand Nine Hundred Ten and No/1'00** — Dollars($407,910;00** )
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the
attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the
sum of Two Million Seven Hundred Nineteen Thousand Four Hundred and No/lOor"Dollars($ 2,719;400.00`"
,
or for any loss occurring subsequent to said date shall not exceed the sum of
Four hundred Seven'Thousand Nine Hundred Ten and Noll OG** — Dollars($ 407,910.00*' }
In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned,sures, 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 sta of Shapeli Industries, Inc.
(Principal)
By 8y {�ww T Sy;rC. — (Seal)
By ROBERT D MOORE, ASST. �Seal)
P�)
National Fire Insurance Company of Hartford
Form F4763 Su—
e)
,? frr�
13y _.__, _L c Z.1 : {Seal}
Pamela L. Stocks - Atiomcy.in Fact
�" i�.'+..,'� � '� ✓v^.+"^n�h+^./�:;'�.Nl\'� \,,.,�: ✓moi �.✓'„Uh. .n. /` �':. ...1 '4" 'v\. !�w1f�//,W\.!1/`.h.�✓'v'��.�,%W„tip^✓VW+IWVV,
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
s
4 J
State of California
s
County of Santa Clara
On May 16 24145,before me,Janice T. Kruse,Notary Publicpersonally appeared
Robert D.Moore and 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:
I
s in their authorized capacities, and that by their signature on the instrument;the persons or
s the entity upon behalf of which the persons acted, executed the instrument.
5 St
CE T
ZS
JANI
KRUSEWITNESS my hand and official seal. .�3
c mmimion# 1318697 (�
Nota[y Public-C0100rnla
Sym Clara County
{ yt tr+rra.ExpsAu94,2t145 Signature of Notary Public
Optional Information
w Title or Type of Document: Decrease Rider-Tract 8699--N-5,Corou*#Q
Capacity Claimed by Signer. Assistant Vice President and Assistant Secretary of
Shaven Industries,'Inc.
tip.
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 American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(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 seals herein affixed hereby make,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Hanner,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 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 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 l6th day of April,2004.
<ry tKsu Continental Casualty Company
National Fire Insurance Company of Hartford
rte Z& American Casualty Company of Reading,Pennsylvania
i� SEAL isci 1.
1$97 .�`` �` •
Michael Gengler Sen' Vice President
State of Illinois,County of Cook,ss;
On this 15th 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 InsuranceCompany 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.
0-
OFFICIAL SEAL
ELI7A PRtCE
MED:
rO •
NOTARY OM STATE OF UNIS
MY COMNMLt10N EYPxtEB:OShTNB
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 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
2th day of May 2005
�F4 �try utsurl Continental Casualty Company
Q �+ National Fire Insurance Company of Hartford
eox�'awg7e a� %* 1" American Casualty Company of Reading,Pennsylvania
JULY
SEAL # , It
1897
Mary A. R ika' kis Assistant Secretary
Form F6853-11/2001
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 Attomey-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 ibererto. 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 iTh day of February, 1993.
"Resolved,that the,signature of the President or any Executive;Senior or Group Vice President and the seal ofthe 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 scaled shall,with respect to any band 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 duty 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 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°i 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 sealof 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 sealcd 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 l7,1993 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,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 Wh 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 maybe 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 itis attached.continue to
be valid and binding on the Corporation..
State of California,
County of Los Angeles
before fore me.
May 12,2005 Sandy Manner-Notary Public
,
Oat* NAME. TITLE OF OFFICER.. "JANE aOE. NOTARY PUSUC'
personally appeared Pamela L.Stocks
NAME(S)OF StGNER(S)
( x ) personally known to me-OR'- (.....,)proved to me on the basis of satisfactory evidence to be
the person(t) whose name(&) is/am subscribed to the within instrument and acknowledged to rye that
kv/she/thft executed the same inftlherlltak authorized capacity0m), ansa_that by kWhar/#Wk
signature(s) on the instrument the person(, or the eW,/ 7�
on behalf tat which the person(t) acted,
executed the instrument.
SA IiAt�NIrR WITNand and iil seal.
Commission#1362157 ;Notary Pubic-California --i
Los Angeles G.atanty
S GNATURE"Of NOTARY
MY Com .Expires Jut 2,200 OPTIONAL
Though the data below is not required by law, it may prove valuat>te to persons retying on the document
and could prevent fraudulent reattachment of this forret.
CAPACITY CLAIMED BY SIGNER DESCRIPTION'.OF ATTACHED DOCUMENT
�.) INDIVIDUAL
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF D6EOU ENT
(._)
PARTNER(S) ( .._) LIMITED
GENERAL
(-L-) ATTORNEY-IN-FACT NUMBER OF PAGES
{. }
TRUSTEE(S)
{,--)
GUARDIAN/CONSERVATOR
{`} OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON{S}Oft ENTITY(IES)
National Fire IncErar�rp C nrrrerari of Martlord
SIGNER(S) OTHER THAN NAMED ABOVE
0•t O742t6•e
NOT—ICE
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 (callectively 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, NJ, and The Continental Insurance Company.
DISCLOSURE OF'PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0,00).
DI UR OF MERAL PARTICIPAT—IQN IN BAYMENT PAYMENTOF TERRORISM
LQSSES
The U-nited States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable suretylinsurer deductible.
Form x7310