HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-403 CONTRA COSTA Ccs Reorder Office
Recorded at the request of: : STPHEN L. WEIR Clerk-Recorder
Compo Costa County
Board of Supervisors DOC— 2001-0239141-00,
Return to: Wednesday, JUN 28 2008 "15:15:18
Public Works Department FRE se.00'
Engineering Services Division TL I Pd $0.00 r-8602771911
1 1 rc/'RS11-'9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on June 28,2005,by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, DESAUINIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NOTE
ABSTAIN: NONE
RSOLTTItJi N-
05[ 403
SUBJECT: Accepting completion of improvements for Subdivision 02-08682, San Ramon
(Dougherty Valley)area. (District III)'
These improvements are approximately located near the intersection ofNorth Monarch Road
and Bollinger Canyon Road.
The Public Works Director has notified this Board that the improvements in Subdivision 02-
08682 have been completed as provided in the Subdivision Agreement with Shapeil Industries of
Northern 'California, heretofore approved by this Board in conjunction with the filing of the
Subdivision Map.
TR`sr:rm
0:\GrpData\EngSvc\80\2005\06-28\SD 8682 B0-45.aoe
Originator: Public Works(ES) I hereby Certify that this is a true and correct copy of an
Contact: Teri Me(313-2363) action taken and entered on the minutes of the Board of
Recording to be completed by Clerk of the Board
I.D.95-2578030 Supervisors on the dateshown.
ec: Public Works -T.Bell,Construction Div.
-J.Ysmael,Engineering Svc.
-T.-May 28,2006 ATTESTED: TUNE 28, 2005
shaped Industries of Nothern California
Attn:Steve Savage&.Sam Worden JOHN SWEETEN, Clerk of the Board of Supervisors and
100 N.Milpitas Blvd.,Milpitas,CA 95035 County Administrator
National Fire Insurance Co.of Hartford
5820'Conaga Avenue,Suite 200,Woodland Hills,CA 91367
Chris Low,City of San Ramon
By ,Deputy
RESOLUTION NO.2005/403
SUBJECT: Accepting completion of improvements for 'Subdivision 02-08682, San Ramon
(Dougherty Valley) area. (District III)
DATE: June 28,2005
PAGE: 2''
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of June 28,2005 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
April 5, 2002 National Fire Insurance Co.offlartford
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,146,400.00,
Bond No. 929299754 issued',by the above surety be RETAINED for the six month lien guarantee
period until December 28,2005,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 Watsonia Court,Watsonia Drive,Brower Way,Athena
Court, Honeycastle Drive, and Coral Bell Court, the hereinafter described road(s), as shown and
dedicated for public use on the Final Map of Subdivision 02-08682 filed April 14,2005,in Book 478
of Maps at Page 1-14, Official Records of Contra Costa County, State of California, are
ACCEPTED as complete.
Road Name Road-R/W Widths Lengths (Miles;)
Watsonia Court 36' 0.09
Watsonia Drive 36' 0.16
Brower Way 36' 0.12
Athena Court 36' 0.05
Honeycastle Drive 36' 0.28
Coral Bell Court'` 36' 0.02
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$22,900.00 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$340,485.00,Bond No. 929299754 issued by National Fire Insurance Co. of
Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code
until release by this Board.
All deposit permits,are on file with the Public Works Department.
The developer will maintain the improvements during the warranty and maintenance period.
RESOLUTION NO. 2005/403
%A;% SURETY Tract 8682,l�1-7,Monarch,Gale Ranch li
INCREASE -'DECREASE RICER
TO BE ATTACHED TO and form part of Bond Number 928 299 754 issued by the
National Fire Insurance Company of Hartford' , as
Surety; on behalf of Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp. of
NIPifas CA hereinafter referred
to as the Principal,and in favor of County of Contra Costa
of Martinez CA hereinafter
referred to as the Obligee, effective the 23rd day of July 2004
IN CONSIDERATIONof the premium charged for the attached bond and other good and valuable consideration it
Is understood and agreed that effective the 2nd day of .lune 1 zoos , and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and tate
same is hereby `*DECREASED" �— from the sum of
Two Million Two Hundred Sixty Nine Thousand Nine Hundred No/100" Dollars($ 2,269,900.00.. ),to the
sum of lee 1 fundred Fbtt)LThousand Four Hundred Eighty Elve JbQUjaad Nall DQ`" Dollars($ mo 4R5 an— )
IT IS 'FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and;limitations of the
attached bone!, the aggregate liability of the Surety for any lass occurring prior to said date shall not exceed the
sum of Two Million Twp HundtpA Sixty tine Thousand Mine Hmndre No o/1'00" Dollars($ 2,269.909.00**
)
or for.any los occurring subsequent to said date shall not exceed the sum of
Three Hundred Forty_Thousand Four Hundred Eighty Five Trh u amend Noll pp" - Dollars($ 340 485.00"` ),
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 6th day of June,2005
A�ted Shapell Industries of Northern-California,a Division
ntra Costa of Shapell Industries, Inc,, a Delaware Corp.
(Principal)
�f=
x
By By " 3 {Seal)
IGEN CO , ASST. SEC.
PN
By i�(g {SEaI)
ROBERT D. MOORE, ASST. VP
National Fire Insurance Company of Hartford
Form F4783 r
By (Seal)
G' O'Shea Attorncy-m-Fact
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On June 7,2005,before me,Janice T. Kruse,Notary Public personally 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
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.
JAMCE T.KUSE
Commission# 1318697� 7 WITNESS my hand and official seal.
Notary Public-California°
*+.. Santa Clara County
MgCOrnm ExpiresAug24,2005
Signature of Notary Public
Optional Information
Title or Type of Document: Decrease Rider- Tract 8682
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary €►f
Shapell Industries,Inc,
_ Commtssion# 1318697 i
101MY
Notary Public-Coiitornio
Santa Clara County
COMM,Expires Aug 24,20135
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 Stacks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually
of Sherman Oaks,CA,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 similar nature
In Unlimited Amounts-
and to bind thein 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.confutned.
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 caged these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 21 at day of March,2015.
� ,tr� tam Continental Casualty Company
+ ` ,c National Fire Insurance Company of Hartford
eceurg r� � American Casualty Company of heading,Pennsylvania
ii S�JtiL. Y 1 'UL t,
1a0i � rNA� � '•
Michael<Gengler Barri r Vice President''
State of Illinois,County of Cook,ss.
On this 21st day of March,2005,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 I 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.
OFFICIAL SIAL •
It i?A t'iptW w I
•YAW latae trw3tr atU"
w�M�wM,tel+ries
My Commission Expires September 17,2005 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
prin#Ghon 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
t. day of jum 12005 .
�00 Continental Casualty Company
�• �+ National Fire Insurance Company of Hartford
araa�xrt, ti+ ° Fp American Casualty Company of Reading,Pennsylvania
Z • 3i MLY t!.
Ou
SEALCIO
�
Mary A. ika` kis Assistant Secretary
Form F6853-11/2001
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTYCOMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following$y-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 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 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 anytime,revoke all power and authority previously given to anyattomey-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 17rh 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 ceniftcates 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`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 2 of Article V1 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 bond or undertaking to which it is attached,continue to be valid'and binding on the Company,"
ADOPTED B1'THE BOARD OF DIRECTORS OF NATIONAL FIREINSURANCECOMPANY OF HARTFORD:
This Power of Anomey 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 Attomey 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 be affixed by facsimile on any power of attomey 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 Callfomia
County of Los Angeles
June 6 20035 Sandy Manner-Notary Public
On before rne.
Dam before
7171,E OF OFFICER.. 'JANE C70E. NCSfiAFiY PUBLIC"
personalty appeared Gina O'Shea
1VAMS(S)OF SIGNER(S)
(x) personally known to met . OR- (_._.) proved to me on the basis of satisfactory evidence to he
the person(S) whose name(j) is/WS subscribed to the within instrument and acknowledged to me that
he/shet/%ft executed the same In ftlherllhair authorized capacity#w), and_that by kiWheer/tttt
signature(s)on the Instrument the person(, or the entity upon behalf of which the person(a) acted,
executed the instrument.
WITNES y hand and.offiVal seal.
SANOYi iAAN362
_ Gotntt�sslor�N 136217
ilamycomM.E
Notary Public-Califorrii• StGNA RE OF NOTARY
Los Angeles City
2,2t OPTIO14AL
Though the data below is not required by law, It may prove valuable to persons relying on the document
and could;prevent fraudulent reattachrrtent of this form.»
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATEACHSD DOCUMENT
INDIVIDUAL
(�_) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
( ) PARTNER(S) (....) LIMITED
(.._)GENERAL
(-,x—) ATTORNEY-04-FACT NUMBER OF PAGES
TRUSTEE(S)
(._. ) GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTINGIt.
NAME OF PERSON(S)OR Ej4TITY(iES)
Natinnal Eire Inswranrp c m=v of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE;
(3.107426.8
NQTIQE
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
WritingCompanies 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 Fir6men's
Insurance Company of Newark„NJ, and The Continental Insurance Company.
D169CI,051TRE CSP ERE
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
The Il'-nited States will pay ninety percent(90%a) of covered terrorism losses exceeding
the applicable surety/insurer deductible,
Form F731D