HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-404 11 1 1 1 1 1 111111111
CONTRA tOSTA Co Recorder Office
Recorded at the request of- STEPHEN
L. 1118 Clerk-Recorder��!��
Contra Costa County DOC- 2900 -0239142 -00
Board of Supervisors'
Return to: *Wne*4&y, JUN 2$, 2M 15:1°5:23
Public Works Department FRE $0.06
Engineering Services Division !t1 Pd {0.H Nbr-0002771911
+Y l rc/RS/1-9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on June 28, 2005,by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE /{
SUBJECT: Accepting completion of improvements 'for Subdivision 02-08684, San Ramon
(Dougherty Valley) area. (District III)
These improvements are approximately located on Bollinger 'Canyon Road and South
Wedgewood Road.
The Public Works Director has notified this Board that the'improvements in Subdivision 02-
08684 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.
TR:sr I hereby certify that this is a true and correct copy of an
G:1GrpData\EngSvc1B012005\06-28\,SD 8684 BO-45.doc
originator: Public Works(ES) action taken and entered on the minutes of the Board of
Contact: Teri Rie;(313-2363) Supervisors on the date shown.
Recording to be completed by Clerk of the Board
I.D.95-2578030
cc Public Warks -T.Bell,Construction Div. ATTESTED JUNE 28, 2005
-J.Ysmael,Engineering Svc.
-T.--May 2s,2006 JOHN SWEETEN, Clerk of the Board of Supervisors
Sbapeli Industries of Nothern California and County Administrator
Attn:Steve Savage&Sam Worden
100 N.Milpitas Blvd.,Milpitas,CA 95035
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/ 404
SUBJECT; Accepting completion of improvements for Subdivision 02-08684, San Ramon
(Dougherty Valley) area.(District 111)
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 BA.I`TI{JSURETY
February 18, 2005 National Fire Insurance Co.ofHartford
BE IT FURTHER RESOLVER the payment (labor and materials) surety for$942,900.00,
.Bond No. 929299751 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 Cedarwood Way, Cedarwood Place, and Cedarwood
Loop,the hereinafter described road(s),as shown and dedicated for public use on the Final Map of
Subdivision 02-08684 filed February 23,2005,in Book 475 of Maps at Page 17-49,Official Records
of Contra Costa County, State of California, are ACCEPTED as complete.
Road Name Road-R/W Widths Lengths(Miles)
Cedarwood Way 36' - 56' 0.04
Cedarwood Place 36' - 56' 0.04
Cedarwood Loop 36' - 56' 0.55
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$18,900.00 cash deposit(Auditor's Deposit Permit No.427284,dated June 30,
2004)made by Shapell Industries of Northern California and the performance/maintenance surety
bond rider for$280,035.00,Bond No.92929975lissued by National Fire Insurance Co. of Hartford
be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until
release by this Board.
All deposit permits are on file with the Public Works Department.
The developer will maintain the improvements during the warranty and maintenance period.
RESOLUTION NO. 20051404
i RET Tract 8684,N-12,Renaissance,Gale Ranch11
INCREASE -"DECREASE-RIDER
TO BE ATTACHED TO and form part of'Bond Number 929 299 751 Issued by the
National Fire Insurance Company of Hartford - _ _—_.; as
Surety,on behalf of Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp, of
Milpitas CA -- ---- -_--, hereinafter referred
to as the Principal,and in favor of County of Contra Costa
of Martinez,CA hereinafter
referred to as the Obligee, effective the 18th day of June 2004 .
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 26th day of May 2005 ,and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby **DECREASED** from the sum of
One Million Eight Hundred Sixty Six Thousand Nine Hundred No1100" Dollars($ 1,866,900:fl(y'*- ),to the
sum of Two Hundred Eighty Thousand Thirty Five No1100** Dollars($'2810,035:00"
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the
attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed'the
sum of One Million Eight Hundred Sixty Six Thousand Nine Hundred No1100** Dollars($ 1,866;900:00"*
or for any loss occurring subsequent to said date shall not exceed the sum of
Two Hundred'Eighty Thousand Thirty Five No1100** Dollars($280,035.00** ).
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 27th day of May,2005
Accepd By: Shapell Industries of Northern California,a Division
County ontra Costa of Shapell Industries, Inc., a Delaware Corp.
_- (Principal) )
By By (Seal)
J.C. TRU BRI , SST. V.P.
By _ ,, _ -(Seal)
KELIX ERARDI', ASST. SEC.
National Fire,Insurance Company of Hartford
�rr,, '' rety ).
Form F4783 e,Le ��'�� (Seal)
By
Pamela L. Stocks Attorney-in-Fact
;j
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara 3
S
On 4/ 165-, before me, Janice T.Kruse, Notary public personally appeared'J.C.
Truebridge and Kelly Erardi known to me to be the persons whosenames 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 person; or
the entity upon behalf of which the persons acted, executed the instrument.
`.y
JANICE T.KRUSE <y
commission# 1318697
tuotary Public cotitornio WITNESS my hand apd official seal.
$onto ciato County /
My Comm.-Expires Aug 24,2005
Signature of Notary Public
Optional Information
Title or Type of Document: Decrease Rider—8684/Renaissance
Capacity Claimed by Signer. Assistant Vice President;and Assistant Secretary of
Shapely Industries.'Inc.
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 heading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"),
are duly organizedand existing corporations having their principal offices in the City of Chicago,and State of Illinoi6 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 Sherrnan Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and author*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 sighed by;their Senior Vice President and their corporate seals to be
hereto affixed on this 21 st day of March,2005.
v CA,SriyLr SUR o, Continental Casualty Company
�r � �• National Fire Insurance Company of Hartford
eoaeore~rC_ `+fi r American Casualty Company of Reading,Pennsylvania
O JULY 11,
U SEAL ,r 19D2
I sg1
Michael Grengler Sen' r Vice President
State of Illinois,.County of Cook,ss:
On this 21st day of March,2005,before me personally carne 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 like authority,and acknowledges same to be the act and deed of said corporations.
ftFAE XL SEAL
ET►MCE
00
• ��
rofar rurr,aASR or rsrON
w ar�wrwo+rarwrernfior
My Commission Expires September 17,2005 Eliza Price 0 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
27th day of zLay 2005
r,ASContinental Casualty Company
<ry ��tsux,� National Fire Insurance Company of Hartford
`' cociraur ',wc °wtEo American Casualty Company of Reading,Pennsylvania
� • y I � � JULY 1i.
0 SEAL E� r e 19Ct ,�r•� /�j
Mary A.Rikai@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 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 attomeys-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 thesealof 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 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 attomey-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 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 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 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 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 sot
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 An ales
On
May 27, before me.2005 Sandy Hanner-Notary Public
,
Osie NAME. TITLE OF OFFICER,. 'JANE COE. NOTARY PUBLIC'
personally appeared Pamela L.Stacks
NAMES?'OF SIGNER(S)
( x ) personally known to rise-OR -(.._,)proved to me on the basis of satisfactory evidence to be
the person(s) whose names) is/am subscribed to the within instrument and acknowledged to me that
bell!/she/fit executed the sarne In his/her/Wair authorized capacity#as), and-that by kialher/#Wr
signature(s)on the Instrument tete person($), or the entity u n behalf of which the persons) acted,
executed the instrument.
J` _ — W{TNESS y hand and off* ' seal:
Commission#1362357�
Notary Public-California
Los Angeles County WGINATURE OF NOTARY
4MYCornip-
Expires JW 2.2006
OPTIONAL
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
(-:) ATTORNEY-IN-FACT NUMBER OF PAGES
(_)
TRUSTEE(S)
(. . ) GUARDJAN/CONSERVATOR
(._..)
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) Oft ENTITY(IES)
Natinaai Fire Innce Camurny of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
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 an 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 heading, PA, The Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
D-13CLO511RE QF PREMUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00),
I - AT IN E F TERRORISM
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable,surety/insurer deductible.
Farm F7310