HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-489 M
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 2, 2005 by the following vote: '
AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
I�$:OLU 'I1N NO.. t}05 489
9171131711 pproving 77717;M greement(Right of Way Landscaping) for FA 02-OUO 10
(cross-reference SD 95-07984) Creekside Park, being developed by Shapely
Industries of Northern California, a division of Shapell Industries, Inc.,, San
Ramon(Dougherty Valley) area. (District Ell)
The following document was presented for Board approval this date.for PA 02-00010
(cross-reference SD 95-07984) Creekside Park, located in the San Ramon (Dougherty Valley)
area.
A" Subdivision Agreement (Right of Way 'Landscaping) with Shapell Industries of
Northern California, a division of Shapell Industries, Inc., developer, whereby said developer
agrees to complete all improvements as required in said Subdivision Agreement (Right of Way
Landscaping) within one year from the date of said agreement. Improvements' generally consist
of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right'of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I Cash Deposit
Deposit Amount: $17,100.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 445677 June 7, 2005
LT=
G:\GtpData\EsSvt\Bc\200"8-oz\PA 02-00010 130-16.doc T hereby certify that this is a true and correct copy of an
Originator: Public Works(ES)
Contact: T.Rie(313-1363) action taken and entered on the minutes'of the Board of
cc: Public Works- T.Hell,Construction Supervisors on the date shown.
Current Planning,Community Development
T--May 26,2006(P 1)
Shaped Industries of Northern California ATTESTED: AUGUST 02-2005-
100 N.Milpitas Blvd: O�
Milpitas,CA 95035 JOHN SWEETEN,Clerk of the Board of Supervisors'and
Attn:Sam Worden,,Tim Gold County Administrator
National Fire Insurance Company'of Hartford
2355 E.Can telback Road,Suite 500
Phoenix,AZ 85016
Attn.Pamela L.Stocks
Bye ,Deputy
RESOLUTION NO.2005/489
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 02-00010
(cross-reference SLS 95-07984) Creekside Park, ',being', developed by Shapely
industries of Northern California, a 'division of'Shapell Industries, Inc., San`
Ramon(Dougherty Valley) area. (District
DATE: August2,2005
PAGE: 2
II Surety Blind'
Bond Company: National Fire Insurance Company of Hartford'
Bond Number and Bate: 929348494 .April 22,2005
Performance Amount: $1,690,700.00
Labor&Materials Amount: $853,900.00
Principal: Shapell Industries of Northern California,' a division of Shapely
Industries,Inc.
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way
Landscaping) is APPROVED.
All deposit permits are on file with the Public Works,Department:
RESOLUTION NO. 2005/489
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0649-9:665 112300: G1161513 $ 575.00, MS03-0015, ParcelMap Check,
Lionsgate development Corp., PO Box 408, Alamo, CA 94507-0408
0649-9665 / 112300: 61161515, $1,30§.47, M599-00006, Inspection
Deposit, Tice Valley Partners,LLC, 30 Camille Place, Alamo, CA 94507
0649-9665 / 112300: 61162517, $5 , 853011, Record' of Survey
Deposit, LCC Inc., 930 Estudillo St., Mtz, CA 94553
0649-9665 / 112300.' G1161518 LP 04-2085, East Bay Regional 'Parks Dist.,
2950 Peralta Oaks Ct., Oakland,:CA 94605
$1.444.50, Inspection Deposit
$2.064.51, Plan Check
0649-9665 / 12300 61161520, $13,226.384 RA01-01114, Road Acceptance
Inspection, Shapell Industries of Northern California, 100 North Milpitas
Blvd., Milpitas, CA 95€335
0649-9665 / 112300 61161521, $2,662.57, RA98-01083, Road 'Acceptance
Inspection, Shapell Industries of Northern California, 100 North Milpitas
Blvd.,Milpitas, CA 95035
0649-9665 / 112300: 611.61522, $1.594.21, RA98-01082, Road Acceptance
Inspection, Shapell Industries of Northern California, 100 North Milpitas
Blvd., Milpitas, CA 95035
0649-9665 / 122300: 01161525, $1000.0 , LP 03-2033, COA' Compliance
Check, No Improvements, Erler & Kolinoswki, Inc., 1870 Odgen C?r ,
Burlingame, CA 94010-5306
0649-9665 / 112300 61161516, $60,400.00, PA 0010, Land Improvement
Inspection Deposit, Shaped Industries of Northern California, 100 'North
Milpitas Blvd., Milpitas, CA 95035
819800-0800: 61161516, $17.100.00, PA 0010, Cash Bond, Shapell
Industries of Northern California, 100 North Milpitas Blvd., Milpitas, CA
95035
0634-9752 1123400: G1161708, $128,QO, No Rich AOB, Salvador Chavez,
656 18th St., Richmond, CA 94801
821400-0800:: G1161709, $3.358.00, SCC SubReg, Toll Bros, 3483
Ashbourne Circle, San Ramon, CA 94583
821500-0800: G1161709, $1,219.00, SCC Reg, Toll Bras, 3483 Ashbourne
Circle, San Ramon,'CA 94583
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Subdivision: PA 0010(cross-.reference SUB 7984)
Bond No.: 929 348 494
Premium: $12,680.00 Gale Ranch 11
IMPROVEMENT SE cumy BOND
FOR PuBuc RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Govc1mment Code Sections 66462 and 66463)
1. R-c�CITAL.OFSUBDINIISIONAGREEMIENT: The Pi-iiicipalleas exectitedaiiagreeiiientwith the County to
install and pay for public right of way landscaping,and other related improvements in Subdivision PA 0010
cross-ref SUB 7984) as specified in the Subdivision Agreement (Right of Way
Landscaping), and to complete said work -within the time specified for completion in the Subdivision
Agreement(Right of"Alay Landscaping),all in accordance with State and local laws and rulings thereunder
in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: Shapell Industries of Northern.California,ADivision of SfiggellIndustries Inc. as
Princh)al. and National Fire Insurance Company of Hartford a corporation organized existing tinder
the laws or the State of CT and authorized to transact surety business in
California, as Stuety, hereby jointly and severally bind ourselves, our heirs, executors, ad.n.iinistrators,
successors, and assigns to the County of Contra Costa, California to pay it.
A. Performance and Guai,antee: One Million Six Hundred Ninety Thousand Seven Hundred
and 00/100 Dollars($ 1,690,700.00 for itself or tiny city assignee
under the above County Subdivision Agreement,plus
B. Payment: Eight Hundred Fifty-Three Thousand Nine Htuidred and 00/100 Dollars ($
853,900.00 to secure the claims to which reference is made in Title XV (conunencing
with Section 3082)of Part 4 of Division III of the Civil Code of the State of California..
3. CONDITION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to
and abide by,and well and truly keel) and perform the covenants,conditions and provisions in the
said agreement gr ement and any alteration thereof made as therein provided, on is or its part,to be kept mid
performed at the time and in the manner therein specified,and in all respects according to their true
intent and meaning, and shall indemnify and save lianifless the County of Contra Costa (or city
assignee),its officers,agents mid employees,as therein stipulated,'then this obligation shall become
null and void; otherwise it shall be and remain iii full forcepnq effect.
................. ................................................. ............ ............................... ........................ ...... ............
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be ta."-ed as
costs and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(8) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors, laborers,material men and other persons eniployed in the performance
of the aforesaid agreement and referred to in the afDresaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount fliereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and
fixed by the court,and to be taxedas costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file clainis tinder Title 15(coniniencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to,give a right of action to them or their assigns
in any suit brought upon this bond.
Should thecondition of this bond be fully performed then this obligation shall become null mid void,
otherwise it shall be and remain in full lbrcc and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety frorn liability on this bond;and consent is hereby
given to make such alteration without further notice to or consent by Surety;and the Surety hereby
waives the provisions of California Civil Code Section 2819,and holds itselfbound without regard
to and independently of tiny action aphist Principal whenever taken.
SIGNED AND SEALED on April 22,2005
Shapell Industries of Northern California,A Division
PRINCIPAL: of Shapell industries,Inc. SURIETY: National Fire Insurance Company of Hartford
Address: 100 N.Milpitas Blvd. Address: 2355 E. Camelback Road, Suite 500.,
city: Mit pios, Zip: 95035 City:..,,-PWd?4nix,AZ zip: 85016
By: By
Print N me: Print Name: Pamela L. Stocks
Title: Title: Attomey-in-Fact
By:
Print Name:
A
Title:
P11'S1'SIi:\ItLlAT:1'Gq�l)aia'.I:n�SrcFnnus 131:WORDAIN-12A.dnc
Rev.AIIII:17.1999
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,AMERICAN CASUALTY COMPANY OF READING,
PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety Companies"),are duly organized and existing
corporations having their principal offices in the Cityof Chicago,and State of Illinois, and that they do by virtue of the signature and seals
herein affixed hereby make,'constitute and appoint
Pamela L.Stocks, Beverly A. Hall, Sandra V.Ha ner,individually
of;, Sherman Oaks,California
their true and lawful Attorney(s)win-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 instruments were',signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse
hereof,duly adopted, as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate,seals to be hereto affixed on this 7th day of January 2000
CONTINENTAL CASUALTY COMPANY
1114 'M NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
AILY 31.
c9 SEAL Y JA a
189'I
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,ss:
On this 7th day of January 2000 ,before me personally came
Marvin J.Cashion,,to me known,who,being by rr>e duly sworn,did depose and say;that he resides in the City of Chicago,State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL.FIRE INSURANCE COMPANY OF HARTFORD
and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA 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.
♦i+ii#i#•#iiti###ii�iiiii#i+
'OFFICIAL$FAL'
DIANE FAULKNER � V
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My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A.Rib kawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA 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 each corporation printed on the
reverse hereof are still in farce.I testimony whereli I have hereunto s ed my name and affixed the seals of the
said corporations this 22V ;,day of AOr l
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
'�.
tlte'f •� rr�} +
Mary A.Rbikawskis Assistant Secretary
(Rev.10/1197)
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 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 seat of the Company thereto,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 17th day of February, 1993
"Resolved,that the signature of the President or any,Executive,Senior or Group VicePresident 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
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 revolve 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 17th 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 thefollowingResolution 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 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 Resolutionadopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th 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 Corporationmay 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 April 22,2005 before me. Sandy Hanner-Notary Public
Ott* NAME. TITLE OF OFFICER-"JANE 00E. NOTARY PUBLIC"
personalty appeared Pamela L.Stocks
NAME(S)OF SIGNER(S)
(-2L) personaf y known to me-OR- (----) proved to me on the basis of satisfactory evidence to be
the;persc+on(s) whose name(*)is/se subscribed to the within instrument and acknowledged to me that
Ilio/shel%ft executed the sante in*falter/itse r authorized capac ity0m). and that by kWher/#V4W
signatures)on the instrument the person($). or the entity u In behalf of which the person(t) acted,
executed the instrument,
R
WITNE my hand and ictlaI semi.
SANDYTHANNER3.
commission*1362167 G�
,» Notary Public-Callforf is ' SIGNA AE OF NOTARY
Los Angeles Countlr
My Gom .Expires,lot 2.2x08 OPTIONAL
Though the data glow is not required by law, it may prove valuable to persons retying on the document
and could prevent fmudutent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
(_ _} INDIVIDUAL
(.�} CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PAMER(S) (.�j LIMITED
GENERAL
NUMBER OF PAGES
ATTORNEY-IN-FACT
(_.)
TRUSTEE(S)
(.._.# GUARDIAN/CONSERVATOR
{---)'' OTHER
DATE OF DOCUMENT
SIGNER IS;REPRESEN'f`ING.
NAME OF PERSON(S)OR EXTITY(IES)
National Fire Insurance t;aml2any ofHartLford
SIGNER(S) OTHER THAN NAMED ABOVE
a �or<xs-
MQUCCE
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds and certain insurancepolicies 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.
DIS
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
FEDERALDISCLQS-URE OF TIN IN P F TERRORISM
LOSSES
The United States will pay ninety percent (90%) of covered terrorism: losses exceeding
the applicable'surety/insurer deductible,
Foto,MO
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' CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara z
} On April 27,2005,''before me,.unite 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.
s
, t MUMSE -WITNESS my hand and official seal. ,
cE
m"00# 1318697
Noy Pubkc-camorda
►ta Clara courriy ----
co,M.Ux 08 Aug 24,2W6 V Sign tore of Notary Public s
s
Optional Information
Title or Type of Document: Imp
roventent Bond'-Landscape Tract 7984
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shavell Industries,Inc. 3
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