HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-405 F
CONTRA COSTA Cc Recorder Office
Recorded at the request of. DOCSTEROL 2WEIR @&-0239143-00
Contra Costa County
Board of Supervisors We&wsday,, JUN 29, 20@9 15,.15:29
Return to; FRE lie."
Public Works Department �' N}r-ON2371913
Engineering Services'Division Ire/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 UILKEM
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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SUBJECT: Accepting completion of improvements for Subdivision 02w08685, San Ramon
(DoughertyValley) area.(District III)
These improvements are approximately located on Bollinger Canyon Road.
The Public Works Director has notified this Beard that the improvements in Subdivision 02-
08685 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 hereby cers a rue and correct ca of an
G>kC"iirpData\Zngsve\H0\2005U76-z815T78685T3b«45dric I h � ti�that thisitt p
Originator: Public Works(ES) action taken and entered on the minutes of the Board of
Contact: Teri Rie(313-2363)
Recording to be completed by Clerk of the Board Supervisors on the date shown.
T.D.95-2578030
ec: Public Works -T.Bell,Construction Div:
-J.Ysmael,Engineering Svc. ATTESTED: JOE 0 2QQ5
-T.-May 28,2006 JOHN SWEETEN, Clerk of the Beard of
Shapell Industries of Nothern California
Attn.Steve Savage&Sam Worden Supervisors and County Administrator'
100 N.Milpitas Blvd.,Milpitas,CA 95035
National Fire Insurance Co.of Hartford
5820 Conaga Avenue,Suite 200,Woodland Hills,CA 51367
Chris Low,City of San Ramon By ,Deputy
RESOLUTION NO.20051405
SUBJECT: Accepting completion of improvements for Subdivision 02-08685, San Ramon
(Dougherty Valley) area. (District III)
DATE; .Tune 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
March 23,2004 National Fire Insurance Co.ofHartford
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,217,150.00,
Bond No. 929299722 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 Commodore Way,Harvest Moon Lane,Blossom Ridge
Lane,Magnolia Bridge Drive, and Basswood Drive,the hereinafter described roads, as shown and
dedicated for public use on the Final Map of Subdivision 02-08685filed April 2,2005,in Bank 462
of Maps at gage 16-34, Official Records of Contra Costa County, State of California, are
.ACCEP'T'ED as complete.
Road Dame Road-R/W Widths Lengths(Miles)
Commodore Way 40' standard-82'max 0.12
Harvest Moon Lane 36' - 56' 0.13
Blossom Ridge Lane 36' -56' 0.16
Magnolia Bridge Drive 36' - 56' 0.20
Basswood Drive 36' - 56' 0.18
BE IT FURTHER RESOLVED that the beginning of the warranty period is, hereby
established,and the$24,300.00 cash deposit(Auditor's Deposit Permit No.419035,dated February
5,2004)made by Shapell Industries of Northern California and the performance/maintenance surety
bond rider for$361,500.00,Bond No.929299722 issued by National Fire Insurance Co.ofHartford
be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until
release by this'Board.
All deposit permits'are on file with the Public Works Department.
The developer will maintain the improvements during the warranty and maintenance period..
RESOLUTION NO. 205/405
Tract 8685, N=14, Rose Garden, Gale Ranch II
S ETY
INCREASE =DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 828 288 722 issued by the
National Fire Insurance Company of Hartford I as
Surety,on behalf of Shaped Industries of Northern California a Division of Shapell industries,Inc.,a Delaware Corp. Of
Milpitas CA hereinafter referred
to as the Principal, and in favor of County of Contra Costa
of Martinez CA ; hereinafter
referred to as the Obligee, effective the 5th day of January,, 2004
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 2nd day of .Irene, 2005 , and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby '"DECREASED`* — from the sum of
Two Million Four Hundred Ten Thousand No/100`* Dollars($ 2.410.000** ),to the
sum of Three Hundred Sixty One Thousand Five Hundred No/100** Dollars($ 361,500.00** ).
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 Four Hundred Ten Thousand No/100** --- Dollars($ 2,410,002** ),
or for any loss occurring subsequent to said date shall not exceed the sum of
Three Hundred Sixty One Thousand Five Hundred No/100** Dollars($ 361.500.00** ).
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 3rd day of .lune, 2005
Accepted%By: Shapell Industries of Northern California, a Division
Court ostof Shapell Industries, Inc., a Delaware Corp.
-- (Principal)
By _ By L rte, (Seal)
4
J C RU BRIDGE `' ASST. V.P.
d
By � (Seal)
K COX, ASST SEC. '
National-f a Insurance Company of Hartford
Form F4763
� (Seal)
Pamela L. Stocks Attorney-in-Fact
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That ContinentalCasualty 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 Mall,Sandra V Manner,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 therm thereby as fully and to the same extent as if such insttutnents were.signed.by a duly authorized officer of their corporations and all the
acts of said Attomey,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 21st day of March,2005.
c�►su� Continental Casualty Company
�fv try ti 4 National Fire Insurance Company of Hartford
Tr ,wc1> �arZo American Casualty Company of Reading,Pennsylvania
P y
SERI. "� �JU4Yli,
1897
Michael'Gengler Sell 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 IIlinois 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.
OFFICIAL SEAL
SUZA PRICE • ���
rm,rnr ,aAn er rs,wdre
w�f �nen
My Commission Expires September 17,2005 Eliza Price V 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 risme and affixed the seal of the said corporations this
3rd day of _ 005 �.
�casu�tr atstt Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading,PennsylvaniaSEAL '
JUt t,
1897
Jt1 -
Mary A. 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 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 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 attameys-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'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,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
pre viously 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 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
On June. 3, 2405 before me, Sandy Hanrl.er. - Notary Public
Date NAME,TITLE OF OFFICER.,*JANE DOE,NOTARY PUBLIC"
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER($)
{X} personally known to me-•OR— (_ ) proved to me on the basis of satisfactory evidence to be
the person(s) whose name(4 ls/Amoubscribed to the within instrument and acknowledged to me that
balishe/ibW executed the same in biWher/ftic authorized capacity0w* and that by XWherAWW
signature() on the instrument the person(g), or the entity upon behalf of which the person(t acted,
executed the instrument.
WITN�iz,
hind�d official seat.
SANDY HANNR ,,,,..---w'':•
7 Commission#1362157
Notary Public-California SIGNATURE OF NOTARY
�:. Los Angeles Cox*
My Comm.Expires JUI Z 2WO- 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
(.r.}
PARTNER(S) (_...) LIMITED
(} GENERAL
NUMBER OF PAGES
(.....)
ATTORNEY-IN-FACT
(.�...}
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING;
NAME.OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company
of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
0-107426.13
.,. .. • ' _'t.' '*/.✓, 1..;`,✓ 1. Iv"./. ':' ....i v v..i.`��.-/ "%f. .J`:il ../.h'/\r'fvvinlv°..v�.h.N•.1/
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On June 6, 2005, before me, Janice T. Kruse,Notary Public personally appeared;J.C.
Truebridge & Ken Cox 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 on the instrument the persons, or
the entity upon behalf of which,the persons acted, executed the instrument.
JANICE T KRUS'E `
Commission# 1318697 [ WITNESS my hand and official seal.
Notary Public-California
V Santa Clara County
my Comm.Expires Aug 24.2005
Signature of Notary Public
Optional Information
Title or Type of Document: Decrease Rider-Tact 8685 -Rose Garden
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shanell Industries, Inc,
N TILE
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 (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 Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
D1SQLQSjjRE.OF PR EUM
The premium attributable to coverage for terrorist acts certifiedunder the Act was
Zero Dollars ($0.00).
DISCLOEM OF FEDERAL PAR
nCIPATIONIlv PA)MEM OF TERRORISM
yE
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable suretylinsurer deductible.
Form F7310
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