HomeMy WebLinkAboutMINUTES - 07132004 - C.30-C.34 _ ___
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CONTRA COSTA Cc Recorder Office
STEPHEN L. WEIR, Clerk-Recorder
Contra Cos
Recorded sitthe
County
County request of., DOC-- 2004-0269356-00
Public worsts Department Wednesday, JUL 14, 2004 10:17:30
Engineering Services Division FRE $0.00
Return to:
Public Works Department Tt 1 Pd $0.00 Nbr-0002237047
Engineering Services Division I r C/RS/1—2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 13, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 378
SUBJECT: Accept Completion of Public Improvements(the intersection of Concord Avenue and
Walnut Boulevard),Road Improvement Agreement for Road Acceptance 02-01143
(cross reference City of Brentwood Subdivision 8089),Brentwood area.(District III)
The Public Works Director having notified this Board that the public improvements (the
intersection of Concord Avenue and Walnut Boulevard), for Road Acceptance 02-01143 (cross
reference City of Brentwood Subdivision 8089) have been completed as provided in the Road
Improvement Agreement with Pulte Home Corporation heretofore approved by this Board;
JD:gpp
G:\GrpData\EngSvc\Bo\2004107-13-04\RA 02-01143 B042.doc I hereby certify that this is a true and correct copy of an
Originator. Public Works(ES)(313-2264)
Contact., Frank Navarro(3 13-2264) action taken and entered on the minutes of the Board of
Recording to be completed by COB Supervisors on the date shown.
LD. 86-0910230
cc: Public Works Accounting
Construction
_Mapping
MBzT Lab ATTESTED:_.. ..JULY 1.3, 200+
-
Maintenance JOHN SWEETEN, Clerk of the Board of Supervisors
-T—July 13,2005
Recorder via(COB),then PW Engineering Services and County Administrator
CSAA-Cartog
CHP,c/o Al
Sheriff-Patrol Div.Commander By , Deputy l 4-16�
Pulte Home Corp,
1531 Neroly Rd,Brentwood,CA 94513
Safeo Ins.Co.of America,Attn:Robert Porter,
2800 W.Higgin Rd.,Ste 1100,Hoffman Estates,IL 60159
RESOLUTION NO.2004/. 378
SUBJECT: Accept Completion ofPublie Improvements(the intersection of Concord Avenue and
Walnut Boulevard),Road Improvement Agreement for Road Acceptance 02-01143
(cross reference City of Brentwood Subdivision 8089),Brentwood area.(District 111)
DATE: July 13, 2004
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of July 13,2004,thereby establishing the six-month terminal period for the filing of liens in case
of action under said Road Improvement Agreement:
DATE OF AGREEMENT SURETY
May 6, 2003 Safeco Insurance Company of America
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $146,300.00
Bond No. 6203457 issued by Safeco Insurance Company of America be RETAINED for the six
month lien guarantee period until January 13, 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 the widening of the intersection of Concord Avenue and
Walnut Boulevard right-of-way was conveyed by separate instruments, recorded on May 7, 2003,
Document No's.2003-0211509-00,2003-0211505-00,2003-0211506-00,and 2003-0211507-00,is
ACCEPTED AND DECLARED to be a County Road.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$3,000.00 cash deposit(Auditor's Deposit Permit No.DP 403009 dated April 1,
2003)made by Pulte Home Corporation and the performance/maintenance surety for$289,600.00,
Bond No.6203457 issued by Safeco Insurance Company of America be RETAINED pursuant to the
requirements of Section 94-4.406 of the Ordinance Code until released by this Board.
RESOLUTION NO. 2004/378
....._. .
� � �� liii Ill ICI I i1C li Ili Ill it f1 II IC VIII I Ilii{111!11 I
Recorded at the request of: CONTRA COSTA Co Recorder Office
Contra Costa County ST PEN L, 9EIR, C1e k Recorder
Board of Supervisors � r � `��r �-'��
Return to:
Public Works Department Wednesday, JUL 14, 2004 10:17:23
Engineering Services Division FRE $0.00
1t i Pd $0,00 Nbr-00Irc/R402237@461_a
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 13, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREELiBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NODE
ABSTAIN: NONE
RESOLUTION NO.2004/ .379
SUBJECT: Accepting completion of private improvements(Ashbourne Drive,Ashbourne Circle,
Ardleigh Court,Hardcastle Court,Kingsbridge Court,Whitcliffe Court,and Henley
Court), Subdivision 91-07575, Alamo area. (District III)
The Public Works Director has notified this Board that the private improvements in
Subdivision 91-07575 have been completed as provided in the Subdivision Agreement with Toll
Brothers, Inc., heretofore approved by this Board in conjunction with the filing of the Subdivision
Map.
JD:rrn
0:\C3rpData\EngSvc\BO\2004\07-13-04\SD 91-07575 BO-45.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Frank Navarro(313-2264)
Recording to be completed by COB action taken and entered on the minutes of the Board of
I.D.232417123 Supervisors on the date shown.
cc: Public Works T.Bell,Construction Div.
-M.Valdez,M&T Lab
H.Finch,Maintenance Div. ATTESTED: JULY 133 2004
I.Bergeron,Mapping Div. JOHN SWEE'T'EN Clerk of the Board of Supervisors and
-
J.Dowing,Engineering i l7
Sheriff-Patrol Div.Commander County Administrator
CHP,c/o Al
CSAA—Cartog
Toll Brothers,Inc.,Northern California Division
Atte.Michael O'Hara
100 Park Place,Suite 140 By ,Deputy
San Ramon,CA 94563
National Fire Insurance Company of Hartford
Attn:Daniel Dunigan
P.O.Box 6266
Philadelphia,PA 19101
RESOLUTION NO.2004/379
SUBJECT: Accepting completion of private improvements(Ashbourne Drive,Ashbourne Circle,
Ardleigh Court,Hardcastle Court,Kingsbridge Court,Whitcliffe Court,and Henley
Court), Subdivision.91-07575, Alamo area. (District IIT)
DATE: July 13, 2004
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of July 13,2004 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
July 17,2001 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,979,400.00,
Bond No. 190536778 issued by the above surety be RETAINED for the six month lien guarantee
period until January 13,2005,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 the private improvements(Ashbourne Drive,Ashbourne
Circle,Ardleigh Court,Hardcastle Court,Kingsbridge Court,Whitcliffe Court, and Henley Court)
have been COMPLETED and are NOT ACCEPTED NOR DECLARED as County roads at this
time.
BE IT FURTHER RESOLVER that there is no warranty period required, and the Public
Works Director is AUTHORIZED to refund the $39,600.00 cash security for performance
(Auditor's Deposit Permit No. 324732,dated December 24, 1998)plus interest in accordance with
Government Code Section 53079,if appropriate,to Toll Brothers,Inc.pursuant to the requirements
of the Ordinance Code, and the Subdivision Agreement and the performance/maintenance surety
bond are exonerated.
RESOLL?TION N0. 2004/379
-
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 13, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA., GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 380
SUBJECT: Approve the Second Extension of the Subdivision Agreement for Subdivision 92-
07746 and Amending Subdivision Agreement, Alamo area. (District III)
The Public Works Director having recommended that he be authorized to execute the second
agreement extension which extends the Subdivision Agreement between Leonard and Jeanne Steffen
and the County for construction of certain improvements in Subdivision 92-07746, in the Alamo
area, through June 4, 2005;
♦ APPROXIMATE PERCENTAGE OF WORD.COMPLETE: 95%
♦ ANTICIPATED DATE OF COMPLETION: September 2005
♦ REASON FOR EXTENSION: Top lift of asphalt-concrete to be placed when home
construction is completed.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
I hereby certify that this is a true and correct copy of an action taken
JD.rm and entered on the minutes of the Board of Supervisors on the date
G:\GrpData\EngSvc\BO\2004\07-13-04\SD 92-07746 BO-11.doc shown.
Originator: Public Works(LS)
Contact: F.Navarro(313-2264) ATTESTED: JULY 1.3 2004
cc; Public Works—T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County
—Accounting Administrator
Current Planning,Community Development
T—April 4,2005
Leonard and Jeanne Steffen
Camino Monte Sol
Al " ' ,Deputy
Alamo,CA 94507 By h r --- ----- °J
Developers Surety and Indemnity Company
3100 Oak Road,Suite 260
Walnut Creek,CA 94596
Attn:Elisa DeCristo
RESOLUTION NO.2004/ 380
SUBJECT: Approve the Second.Extension of the Subdivision Agreement for Subdivision 92-
07746 and Amending Subdivision Agreement, Alamo area. (District III)
DATE: July 13, 2004
PAGE: 2
The following substitute security to guarantee the road improvements as required by Title 9
of the County Ordinance Code was presented for Board approval this date:
Security with Leonard and Jeanne Steffen as principal in the form of a corporate surety bond
rider (Bond No. 8676305) dated April 29, 2004, and issued by Developers Surety and Indemnity
Company in the amount of $34,700.00 for faithful performance and $18,850.00 for labor and
materials.
NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement approved by the
Board on June 4, 2002, is hereby AMENDED to allow substitution of the above-mentioned
corporate surety bond.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/380
CONTRA COSTA COUNTY
suBi ivisioN AGREEMENT EXTENSION
Developmeat Number: Subdivision 7746
Developer: Leonard and Jeanne Steffen(
Orlgii w Agreement Date: June 4,2002
Second Extendon New Tion Date., Jane 4,2055
improvement Security
Surety: Developers Surety and,hWev ltyCompsrsy
Bond No.(Date): 867630S( )
Seeurit�Tvtre ftmirFty,A
Cash: $3,000.00(1%cash,51,000 miu.)
Bond: S 34,100.00 OWfurmanw)
S 18,$5(1.00(Labor.4Material)
The Developer and the Surety desire this AgreemW to be a d=W thrnuA the above daze,and Cmiza,Costa Co=ty
azul said Eby asme thereto and as vled8e sarrae. "I
Date& !Z?
23f��
FOIL CONTRA COSTA COUNVY s 5igsoatuze(s}
Printed
Dev'eloper's Signatitr+c(a)
RECO FOR APPROVAL: -��
Jay. Printed
(Laguicering smices bivision)
Address
Developers Surety and Indemnity Company
(NOTE D"dop+er's, Sumy's and Finmewl Surety or F'inancW Institution
buAU*n's 5kquu'ww srtaxsd be Norariz*A) 3100 Oak Road, Ste. 260
Walnut Greek, CA 94596
nr, cvstr .r*mow awaw.. Address
� rye
lMer Aroma t galam 001 M_rA o&V By:
Attorney in Facts Sime
Elisa DeCristo
Printed
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Na,5907
State of CALIFORNIA
County of _CONTRA COSTA
On _ April 29, 2004 before me, M. A. Atwater, Notary Public
DATE NAME.TITLE OF OFFICER-E.G.,'JANE DOE.NOTARY PUSUC'
personally appeared Elisa DeCristo
NAME(S)OF StGNER(S)
LN personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
ri to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(les), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the ipstrument.
M. A. ATWATER WITNESS my hand and official seal.
C+oMmtsston#12869U
NOtOry Public.,California
COMM Costa County
---------- � x < SIGNATURE OF NOTARY
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
El CORPORATE OFFICER
TITLE(S)
TITLE OR TYPE OF DOCUMENT
ED PARTNER(S) ❑ LIMITED
GENERAL
1E ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESEN nNG:
NAME OF PERSON(S)OR ENTITY(ES)
__Developers Surety and Indemnity SIGNER(S)OTHER THAN NAMED ABOVE
Company
01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91W9-7184
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623•(949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,do each,hereby make,constitute and appoint:
***Frank R. Olsson, Gordan J. Fischer, Dennis J. Woodard, Elisa DeCristo, jointly or severally***
as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts
of suretyship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said
Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute
Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;
and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and
any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to
any bond,undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presen b "si by ive Executive Vice President and attested by their respective Secretary this I'day of October,2003.
1 4+,{{1thi1ili11fll,yfl+
ANDq�+?AN Y a
By. Cs
David .Rhodes,Executive Vice President Po r`�.>i' . p0� �.�;'o � ��
' ALS S
�OCT 6
l.- 1967
UJ
30 1938 t
By.Walter A.Crowell, Secretary %;`fir' ., / �d `§ 41F
STATE
.�3d .,/OWP,P„o�,,y,`:`
STATE OF CALIFORNIA )
)ss.
COUNTY OF ORANGE )
On October 1,2003,before me,Diane J.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the
basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their
to
SE
authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument.
WITNESS my hand and official seal J KWNATA L
Signature lMiy 1piY
"Off
CERTIFICATE
The undersigned, as Senior Vice-President, Underwriting, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the
resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
This Certificate is executed in the,City of Irvine,California,the 29th day of April 2004
Wesley W.Cowling nior Vice-President,Underwriting
ID-1380(10103)
INSCO INSURANCE SERVICES, INC.
i co Undera+alttng Manager for:
911929P Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch,Suite 200•Irvine,California 92614•(948)263.3300
BOND RIDER
ATTACHED TO AND FORMING A PART OF:
Bond No.: 8676305
Principal: Leonard J.Steffen dba:Steffen Builders
Obligee: Contra Costa County,Public Works Department
Surety: Developers Surety and Indemnity Company
Effective April 29 , 20 04 , it is agreed that:
Performance Bond shall be Decreased from$282,300.00 to$34,700.00
Payment Bond shall be Decreased from$142,650.00 to$18,850.00
Nothing herein contained shall be hold to vary, waive, alter, or extend any of the terms,
conditions, agreements or warranties of the above mentioned bond,other than stated as
above. Provided, however, that the liability of the company under the attached bond as
changed by this order shall not be cumulative.
Signed this 29th day of April , 2004
Princlp i1'. Build Surety: Developers Surety and Indemnity Company
By:
By: Bea DeCriasto Attorney-in-Fact
I
PRODUCER:
ID-1183(REV.1/01)
CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT No,5907
State of CALIFORNIA
County of CONTRA COSTA
4n April. 29, 2004 before me, M. A. Atwater, Notary Public
OATE NAME,TITLE OF OFFICER•E.G.."JANE DOE.NOTARY PUBLIC'
personally appeared Elisa DeCristo
,
NAME(S)OF SIGNER(S)
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(les), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
M.
A. ArWATER WITNESS m hand and official seal.
Commkdon 0128692A Y
4 - Noftxy Pubfc-Callfomid
Cort"Costa Cour±ty � is
i.; �. '•w � ri N.3?xc sz mor rz ;s.4 SIGNATURE OF NOTARY
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
D TRUSTEES)
C�I GUARDIANICONSERVATOR
C OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTrTY(IES)
_ Developers surety and IndeTnni ty SIGNER(S}OTHER THAN NAMEC7 AB{ VE
Company
01993 NATIONAL NOTARY ASSOCIATION•823&€temmet Ave.,P.O.Box 7134•Canoga Park,CA 91309-7184
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623•(949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,do each,hereby make,constitute and appoint:
***Frank R. Olsson, Gordon J. Fischer, Dennis J. Woodard, Elisa DeCristo, jointly or severally***
as their true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts
of suretyship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said
Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the fallowing resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute
Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;
and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and
any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to
any bond,undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presen sig by rve Executive Vice President and attested by their respective Secretary this I"day of October,2003.
BY ` �{ ANDANY
David .Rhodes,Executive Vice President �wwI+O +q�.;FyGSPC7q
LU %-t= OCT.6 0
By: +a� 19 3 6 �` 1987
Walter A.Crowell, Secretary �9''• tdyv p,»»»•`3bcc 9</Fot�
STATE OF CALIFORNIA )
)ss.
COUNTY OF ORANGE )
On October 1,2003,before me,Diane J.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the
basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument.
WITNESS my hand and official seal.
pii4WJ.1(AWATA
� C�AAIt�i.lt t�94�46
NoWy Pwt++ic•c.
�� » ORA" p�
QWY .r
Signature Jit. ' MyQgtlxY+. .1iW.8,
CERTIFICATE
The undersigned, as Senior Vice-President, Underwriting,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full farce and has not been revoked, and furthermore, that the provisions of the
resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,the 29 th day of April 2004
..
(� v By:
Wesley W.Cowling nior Vice-President,Underwriting
ID-1380(10103)
1nSCqbjC0
DISCLOSURE RIDER
Terrorism(tisk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Government will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property
and casualty insurance, including surety insurance. The Act does not, however,
create coverage in excess of the amount of the bond, nor does it provide coverage
for any losses that are otherwise excluded by the terms of the bond, or by
operation of law.
No additional premium has been charged for the terrorism coverage
required by the Act.
Developers Surety and Indemnity company
Indemnity company of California
17780 Fitch
Irvine,GA 92614
(949)263 3300
www.inscodico.com
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of i OPTIONAL SECTION
County of 60* ---- CAPACITY CLAIMED BY SIGNER
On - before me, �`* a •e x�vtt , Though statute does not require the Notary to fill
D NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY KJBLIC' in the data below,doing so may prove invaluable to
f m �` � persons relying on the document.
personally appeared NAME(S)OF SIGNER(S) ❑A INDIVIDUAL
C❑ personally known to me-OR-L Z provided to me on the basis of satisfactory evidence to C ❑ CORPORATE OFFICERS)
be the person whose namejs Ware subscribed TITLE(S)
to the within instrument and acknowledged to
NAEA'SHA i'OCECRO A me thatlw4he/they executed the same in C ❑ PARTNER(S) ❑ ❑ LIMITED
{ COMM.0 1332663 11% hider/their authorized capacity les),and that by [J ❑ GENERAL
140TARY Pt;SLIC-CALIFCRNIA iIs
9COM.M.
hiskter/their signatures)on the instrument the C ❑ ATTORNEY-IN-FACT
CCNTRACOSTAC tjNT`'% erson s or the enti on behalf of which the EXP.JULY 4,2035 p u p C. ❑ TRUSTEE(S)
person(s)acted,executed the instrument. C ❑ GUARDIAN/CONSERVATOR
WITNESS my hand and official seal, E ❑ OTHER:
SIGNER REPRESENTING:
NAME OF PERSON(S)
R ENTIT (IIES))
SFG �TQRE OF NOTARY _ {
00 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws
or a resolution of its Board of Directors.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document ' `
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name
must be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
CROUP 1. (a)The Chair of the Board
b})The President
c Any Vice-President
GROUP 2. la)The Secretary
b An Assistant Secretary
d)The Chief Financial Officer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board
of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid
power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
����..� IIII111111IIII111NIII1111III111111I1111�111IlIfI
Recorded at the request of: CONTRA COSTA Co Recorder Office
Contra
Supervisors STEPHEN L. WEIR, Clerk+-�R�e+cor+�de�+r
Return to: Dob-' 20f��-026E�3�0—�0
Public works Department Wednesday, JUL 14, 2004 10:17:40
Engineering Services Division FRE $0."
Tt l Pd $0.00 Nbr-0002237048
lrc/R9/1-B
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 13, 2004, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREEN$ERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 381
SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement
on Lilac Road and Cypress Hawk Court for Subdivision 97-08133, San Ramon
(Dougherty Valley) area. {District III}
The Public Works Director has notified this Board that the Right-of-Way Landscaping
improvements in Subdivision 97-08133 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.
JY:rm
G:\GrpData\EngSvc\BO\2004\07-13-04\SD 8133 B045.doc
Originator: Public Works(ES)
Contact: Teri Rie(313-2363)
Recording to be completed by COB
I.D.95-2578030 I hereby certify that this is a true and correct copy of an
cc: Public Works T.Bell,Construction Div.
J.Ysmael,Engineering Services action taken and entered on the minutes of the Board of
Shapell Industries of Northern California Supervisors on the date shown.
100 North Milpitas Blvd.
Milpitas,CA 95035
Attn:S.savage,S.Worden,&J.Gold ATTESTED: JULY 13, 2004
American Casualty of Reading,PA
5820 Canoga Ave.,suite 200 JOHN SWEETEN, Clerk of the Board of Supervisors and
Woodland Hills,CA 91367 County Administrator
City of San Ramon
Attn:Chris Low
3180 Crow Canyon Pl.,Ste 140
San Ramon,CA 94583
By , Deputy
RESOLUTION NO.2004/ 381
SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement
on Lilac Road and Cypress Hawk Court for Subdivision 97-08133, San Ramon
(Dougherty Valley)area. (District III)
DATE: July 13, 2004
MAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of July 13,2004 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
September 21, 1999 American Casualty of Reading,PA
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $31,000.00,
Bond No. 929097482 issued by the above surety be RETAINED for the six month lien guarantee
period until January 13,2004,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 the Right-of-Way Landscaping improvements in
Subdivision 97-08133 are ACCEPTED AS COMPLETE. Upon completion of the one-year
warranty and maintenance period,the San.Ramon City Council shall accept the public improvements
for maintenance in accordance with the Dougherty Valley Memorandum of Understanding.
BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period
is hereby established, and the $600.00 cash deposit (Auditor's Deposit Permit No. 337456 , dated
September 7, 1999) made by Shapell Industries of Northern California and the
performance/maintenance bond rider for $9,195.00, Bond No. 929097482 issued by American
Casualty Company of Reading, PA be RETAINED pursuant to the requirements of Section
94-4.406 of the Ordinance Code until release by this Board.
RESOLUTION NO. 2004/381
Executed in Triplicate
Tract 8133, Bridges at Gale Ranch
suRETY
Increase -Decrease Rider
TO BE ATTACHED TO and forms part of Bond Number 229 0274JJ2 issued by the
American Casualt Company,of Reading. PA "�"
as Surety,on behalf of Shapell Industries of Northern California, a Division of Shapell Industries, Inc.
of Mil itas CA
hereinafter referred to as the Principal,and
In favor of Coun# of Contra Costa
of. Martinez, CA
31 s# day of Augus# 1999.
hereinafter referred to as the Obligee,effective the
.
IN CONSIDERA-1 ION of the premium charged for the attached band and other good and valuable considerst on it Is
understood and agreed that effective tate 112th day of- May ,_ 200 ,and subject to all the terms,
conditions and limitations of the attached b=ond,the penal sum thereof shall be and the same is hereby decreased
frorn the sum of Sixly One Thousand Three Hundred No/100***
Dollars
to the sum of Nine Thousand One Hundred Ninety Five No/100***
Dollars(-T)9'195.00— )
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond,
hecaggf3ne�houlsand the Three Surety
for
anyred loss
occurring prior to said date shall not exceed the sum of
Dollars
or for any loss occurring subWuent to said date shall not axceed the sum of
Nine Triousand One Hundred Ninety Five No/100*** Dollars( $9,195-90*,". )
In no event,however,shall the aggregate liability of the Surety wmeed the larger of the aforementioned suets,it baing the
Intent hereof to preclude cumulative liability.
SIGNED,SEALEO AND DATED this 13th day of __.-- -_May 2C?04
Accepted By:
Shapell Industries of Northern California, a Division of
Count of Contra Costa Shapell Industries, Inc.
(Principal)
f3 . B (Se=al)
B :
i CO , ASST. SEC.
American Casualty Company of Reading, PA
{s )
B > (seal)
Pamela L. Stocks Attomey-in-fact
SUR-28189-D
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By Thine Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American
Casualty Company of Reading,Pennsylvania{herein called"the CNA Companies'},are duty 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 seats herein affixed hereby
make,constitute and appoint
Pamela L.Stocks,Beverly A.Nail,Sandra V.Hanner,tndivlduall
Of Sherman Oaks,Califomia
their true and lawful Attorney(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 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 signed by their Vice President and their corporate seats to
be hereto affixed on this 3rd day of August,2001.
+t� {continental Casualty Company
cd" r
National Fire Insurance Company of Hartford
AKY11. American Casualty Company of Reading,Pennsylvania
SEAL
l
State of Illinois,County of Cook,ss: Michael Gengler Group Vice President
On this 3rd day of August,2001,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 Croup 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 seats of said corporations;that the seals affixed to the said instrument are such corporates 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.
Ztttttttrtrtttarttrrrrtrrrt� ,
rOFFICIAL f.• •
tMrirgr MuYM.i1 +ri Nrwalr ••
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My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A. Ribikawskis,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 stilt in force,and further
certify that the By-Low 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 13 t:h day of
Mair
Continental Casualty Company
National Fire Insurance Company of Hartford
r
American Casualty Company of Reading,Pennsylvania
WAL OURi'
tib � • �'
(Rev. 1f23101) Mary A.Rlbikawskis Assistant Secretary
Authorizing By-Larios 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 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 Vice President and the seat 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 Vl-- xecutton of Obligations and Appointment of Attorney-In-Pact
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 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 17th day of February,1993.
"Resolved,that the signature of the President or any Executive,Senior or Croup 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 seat shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and sealed shalt,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,Attomeysan-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 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 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 May 13, 2004 before me, Sandy lianner - Notary Public
Date NAME, TITLE OF OFFICER., "JANE DOE, NOTARY PUBLIC"
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
(2L) personally known to me-OR - (--.) proved to me on the basis of satisfactory evidence to be
the persona} whose name(*isha wmbscribed to the within instrument and acknowledged to me that
bW'shretIM executed the same in lWherlItair authorized caipacityoee� and that byll Wherl r
signature(Iii) on the instrument the person(il`), or the entity upon behalf of which the person(30 acted,
executed the instrument.
WITNESS;y h7911c
ial seal.
sANCsi n HA"ER
Commission* irr
-,� Notary Public-California MINIATURE OF NOTARY
+: Las Angeles County
My Comm.Expires Jul 2.12006-
-
,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
NUMBER OF PAGES
{ } ATTORNEY IN-FACT
TRUSTEE(S)
{^} GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTITY(IES)
American Casual#y Company
of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE
G-t0?426-8
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 on boards and insureds on certain insurance policies written by any one
or more of the following companies (collectivdly the "Writing Companies") as surety
or insurer: Western Surety Company, Universal Surety of America, Surety Banding
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.
pI CLO URE OF PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
DISCLOSERIX OF FEDERALT P TE RORTS
LEES
The United States will pay ninety percent (009/6) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Form F7310
_; , ,,,. :.., ., ; :.i moi.✓. ... .. .,
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On May 17, 2004,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.
JAKEE T KRUSE
OMYComrnission# 1318697 ri, WITNESS my hand and official seal.
NO California
Sdnta Clara County
i
Signature of Notary Public
( 3
Optional Information
Title or Type of Document: Increase/Decrease Rider Bond#929-097-482, Tract 8133
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries,Inc.