HomeMy WebLinkAboutMINUTES - 03152005 - 2005 RES 166 CONTRA COSTA Co Record
er Off ice
STEPREN L, FEIR C1erk!r0order
Recorded at the request of: VOitA+"- 200 —0089679-00
Contra Costa county 2005 11:41:27
Board of Supervisors Woddne8day, 14AR 16
Return to: FRE $0.00
Public Works DepartmentU{G �� �A ee Nbr_ 002601959
Engineering Services Division 1 1 r c/RS/1-8
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 15, 2005,by the following vote:
AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER AND UILKINA
NOES: NONE
ABSENT: SUPERVISOR MARY PIEPHO
ABSTAIN: NONE
RESOLUTION NO. 20051 166
SUBJECT: Accepting completion of improvements, Subdivision 01-08563, San Ramon
(Daugherty Valley) area. (District III)
The Public Works Director has notified this Board that the improvements in Subdivision0l-
08563 have been completed as provided in the Subdivision Agreement with Shapell Industries of
Northern California, a Division of Shapell Industries, Inc., heretofore approved by this Board in
conjunction with the filing of the Subdivision Map.
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of March 15,2005 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 BAN /SU iRET'Y
March 4, 2003 National Fire Insurance Company of Hartford
Tlt:tm
G:\GrpData\EngSvc\BO\2005\03-15\SD 01-08563 B0-45.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of
Recording to be completed by COB
I.D.95-2578030 Supervisors on the date shown.
cc: Public Works T.Bell,Construction Div.
-M.Valdez,M&T lab l ��
H.Finch,Maintenance Div. ATTESTED: s
I.Bergeron,Mapping Div. JOHN SWEETEN, Clerk of the Board of Supervisors and
-J.Ysmael,Engineering Svc.
-T.—Jan.15,2006 County Administrator
Sheriff Patrol Div.Commander
CHP,c/o Al
CSAR—Cartog
Shapell Industries of Northern California By Deputy
Attn:Steve Savage and Sam Worden
National Fire Insurance Company of Hartford
City of San Ramon, Attn:Chris Lowe
RESOLUTION NO.2005/ 166
SUBJECT: Accepting completion of improvements, Subdivision 01-08563, San Ramon
(Dougherty Valley) area. (District IIT)
DATE: March 15, 2005
PAGE: 2
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,185,400.00,
Bond No. 190775277 issued by the above surety be RETAINED for the six month lien guarantee
period until September 15,2005,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 Feathermint Drive, Tearose Court, Britannia Drive,
Leary Court,and Oleaster Drive the hereinafter described road(s),as shown and dedicated for public
use on the Final Map of Subdivision 01-08563 filed April 2,2003,in Book 452 ofMaps at Page 44-
52, Official Records of Contra Costa County, State of California, are ACCEPTED as
COMPLETE.
.Road Name Road-R/W Widths Lengths(Miles)
Feathermint Drive 36-56 ft. 0.31
Tearose Court 36-56 ft. 0.03
Britannia Drive 36-56 ft. 0.30
Leary Court 36-56 f1. 0.07
Oleaster Drive 36-56 f1. 0.09
Upon acceptance by the Board of Supervisors, the City of San Ramon shall accept
Feathermint Drive,Tearose Court,Britannia Drive,Leary Court,and Oleaster Drive for maintenance
in accordance with the Dougherty Valley Memorandum of Understanding,
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$23,700.00 cash deposit(Auditor's Deposit Permit No.397647,dated December
18, 2002) made by Shapell Industries of Northern California and the performance/maintenance
surety for $352,065.00, Bond No. 190775277 issued by National Fire Insurance Company of
Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code
until release by this Board.
All deposit permits are on file with the Public Works Department,
RESOLUTION NO. 2005/166
MAIL
SURETY Tract 8563,2A,Neighborhood Gallery, 72 Lots, Gale Ranch li
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 190 775 277 issued by the
National Fire insurance Company of Hartford as
Surety,on behalf of Shapell Industries of Northern California a Division of Shapell industries. inc.- -- - ---of
Milpitas, CA hereinafter referred
to as the Principal,and in favor ofCounty of Contra Costs
of Martinez, CA hereinafter
referred to as the Obligee,effective the �12-Lh...+_... day of December 21702
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the18th day of February 20115_ and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby **DECREASED** - — from the sum of
Two Million Three Hundred Forty Seven Thousand One Hundred Not100 — Dollars($ 2,347,100.00 },to the
sum of Three Hundred Fifty Two Thousand Sixty Five No1100 Dollars($35Z065.00 }.
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the
attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the
sum of Two MI#lon`three Hundred Forty Seven Thousand One Hundred Noll 00 Dollars($ 2,347,100.00 }
or for any loss occurring subsequent to said date shall not exceed the sum of
Three Hundred Fifty Two Thousand Slxiy-Five No/700 - - Dollars($ 352.065.00
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 I Sth day of Feb ry2005
Accepted By:" Shapell Industries of Northern California,a Division
County of Con Cost – �– of Shapell Industries, Inc.
(Principal)
By By l� --' (Seel)
t
By
Natioriat-Ft�e insurance Com of Hartford
Form P4763
(Seal)
Pamela L. Stocks Attorney-in-Fact
i;
i
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
?J
State of California >s
s` County of Santa Clara
On February 23,2045,before me,Janice T. Kruse,Notary Public personally appeared
known to me to be the person whose name is 't
J.C.Truelyridge and Bonnie Mice Mann, p ;s
r` subscribed to the within instrument and acknowledged to me that she executed the same
in her authorized capacity, and that by her signature on the instrument,the person or the >'
entity upon behalf of which the person acted, executed the instrument.
Al
JANICE T KRU5E
Commtulon* 1319647 WITNESS my hand and official seal. >
�,. Notary Public-CoiUomla r —�
canto clot�County
My Comm. "��24.2006 �����^yam-�.•�•*:.�.. � l.h t,. >;
F✓� j;
Signature of Notary Public >s
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Optional Information
5 ;�l
Title or Type of Document: Increase-Decrease Rider- Gallea,Tract 8563-N2A
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shlpeii Industries,Inc.
>i
r,
>y
State of California
County of Los Angeles
On February 18,2005_ before me, Sandy Hanner-Notary Public
Dole NAME. TITLE OF OFFICEA., *JANE DOE. NOTARY PUBLIC*
personally appeared Pamela L.Stocks
NAME(S)OF SIGNER(S)
personally known to me- OR - (—) proved to me on the basis of satisfactory evidence to be
the person(s) whose name(*) islws subscribed to the within instrument and acknowledged to me that
he/she/W (lIt executed the same in*Wr,1her1*rk authorized capacity#w), and that by kW her/#WK
signature(s) on the instrument the person(f), or the entity up n behalf of which the person(s) acted,
executed the instrument.
n behv .
alf
- - - - - - - - - WITNES h y hand and seal.
SANDYHANNER
Commission#1362157
Notary Public-Caftmis SIGNATURE OF NOTARY
Los Angeles County
4MY Comm.E)Ores Jul 2,2006
III 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
WL) ATTORNEY-IN-FACT NUMBER OF PAGES
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR F_tmTy(FS)
National Fire Insurance Cnm=v of Hartford
SIGNER(S)OTHER THAN NAMED ABOVE
Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a
Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CVA 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 Hall,Sandra V Hanner,Gina O'Shea,Individually
of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their
behalf bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind 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 Senior Vice President and their corporate seals to be
hereto affixed on this 16th day of April,2004.
Continental Casualty Company
tD
d�s+r�, °� National Fire Insurance Company of Hartford
,"r'° °R° American Casualty Company of Reading,Pennsylvania
)u}rs1,
�t
Michael Gengler Sen7r Vice President
State of Illinois,County of Cook,ss:
On this 16th day of April,2004,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that
he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National
Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation
described 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
EI.iZA PRICE •
NOTMY►U6UC,EfAi'@ OF ItLINi)Ii
MY COfflMl tdi 8"re:46 704
/�
My Commission Expires September 17,2006 41:iz�a Price Notary Public
CERTIFICATE
I, 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 have hereunto subscribed my name and affixed the seal of the said corporations this
lf',th day of Fpbs ,yGAS 2005
Continental Casualty Company
National Fire Insurance Company of Hartford
cow�' rF - American Casualty Company of Reading,Pennsylvania
r.r
nur st,
SEAL
Ljwe�
f$g7 ltAll •
Mary A. ikajokis 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 attorneys-in-fact, subject to the limitations set forth in their
respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive..Senior or Group Vice President or the Board of
Directors,may,at 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 17a'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 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 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 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
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 Ila'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."
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 bonds and insureds on certain insurance policies written by any one
or more of the following companies (collpctively 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.
DISCLOSURE OF PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
DISCL03URE OF DRDERAL PARTICIPATION-IN P NU OF ERRORISM
LD 5ES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible,
Form F7310