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Home My WebLink AboutMINUTES - 03152005 - 2005 RES 167 - III III III I III II flll I III II II III IIII�fffl I II III III CONTRA COSTA Cc Recorder Office RContraCosta the County request of: STEPHEN DOC—L. UEIR Clerk-Recorder 200�Zeeagraw_ee Board of Supervisors Return to: Wedn*sday,, "M 16, 2005 11:41:33 Public Works Department FRE $0.00 Engineering Services Division T41 Pd $� 00 Nbr-fA00260 X460 +p Nbr-rrtVc}LcR7(tSi/7I-a 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 UILKEMA NOES: NONE ABSENT: SUPERVISOR MARY PIEPHO ABSTAIN: NONE RESOLUTION NO. 2005/ 167 SUBJECT: Accepting completion of improvements, Subdivision 02-08631, San Ramon (Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements in Subdivision 02- 08631 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:rzn G:\GrpData\EngSvc\BO\2005\03-15\SD 02-08631 BO-45.dac 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,MELT Lab H.Finch,Maintenance Div. ATTESTED: MARCH 15 2005 -1.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 AI CSAR—Cartog Shapell Industries of northern California Attn:Steve Savage and Sam Worden By /' —�T ,Deputy National Fire Insurance Co of Hartford City of San Ramon Attn:Chris Lowe RESOLUTION NO.2005/ 167 SUBJECT: Accepting completion of improvements, Subdivision 02-08631, San Ramon (Dougherty Valley) area. (District III) DATE: March 15, 2005 PAGE: 2 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 BANK/SURETY April 15,2003 National Fire Insurance Co ofHartford BE IT FURTHER.RESOLVED the payment(labor and materials) surety for$637,300.00, Bond No. 929270197 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 Belladonna Drive and Camassia Way the hereinafter described roads, as shown and dedicated for public use on the Final Map of Subdivision 02-08631 filed April 24,2003,in Book 453 of Maps at Page 36-47,Official Records of Contra Costa County, State of California, are ACCEPTED as COMPLETE. Road Name Road-R/W Widths Lengths (Miles) Belladonna Way 36-56 ft. .23 Camassia Way 36-56 ft. .22 BE IT FURTHER RESOLVED that the private improvements have been COMPLETED and are NOT ACCEPTED NOR DECLARED as County Roads, at this time. Upon acceptance by the Board of Supervisors, the City of San Ramon shall accept Belladonna Drive and Camassia Way 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$12,700.00 cash deposit(Auditor's Deposit Permit No.401583,dated March 6, 2003)made by Shapell Industries of Northern California and the performance/maintenance surety bond rider for $189,135.00, No. 929270197 issued by National Fire Insurance Co of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2005/157 SURETY Tract 8631, N-9,Villapaseo, Gale Ranch 11 INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 270 197 issued by the National Fire Insurance Company of Dartford as Surety,on behalf of Shapell industries of Northern California,a Division of Shapell Industries, Inc. of Milpitas CA hereinafter referred to as the Principal,and in favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee, effective the 24th day of February 2003 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 22nd day of February 2005 ,and subiect to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby **DECREASED*" _ from the sum of One Million Two Hundred Sixty One Thousand Nine Hundred No/100" Dollars($ 1,261,900.00** ) to the sum of One Hundred Eighty Nine Thousand One Hundred Thirty Five No/100"* Dollars($ 1$9135.00** ), IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the sum of One Million Two Hundred Sixty One Thousand Nine Hundred No/100"* Dollars($ 1,261,900.00- or ,261,900.00""or for any loss occurring subsequent to said date shall not exceed the sum of One Hundred Eighty Nine Thousand One Hundred Thirty Five No/100" Dollars($ 189,135.00** 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 28#h day of February.2005. Accepted By. Shapell Industries of Northern California, a Division County of Contra Costa of Shapell industries, Inc. 4 (Principal) By — By lop lk�-- (Seel) 61'T, By (Sea!) Cn.. ��►k ►g 5 S"'r rya c Natio, Insurance Companyof Hartford Form F4763 / X4-1 5i +1 (Seal) Pamela L. Stocks Attorncy-in-Fact rVVVJ11%Vr Ilk ILlM1121' I f'Il i Vil'1 i I1l%V Al\Llvxii aa.+ raa avry•ua r.+ raa...a - ---- ---- ---- 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 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 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 tOODWORAft 01 `, VASO' 6,(dP*w*A, National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania u Michael Gengler SentVice 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 � ELIZA PRICE NOTARY FU",STATE OF OLUNOIS vt�tw�es�R Ex�REe:oonTioa My Commission Expires September 17,2006 Liza Price Notary Public CER'T'IFICATE 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 I have hereunto subscribed my name and affixed the seal of the said corporations this 28th day of Fgb� Continental Casualty Company National Fire Insurance Company of Hartford ' oWORArr iM rte American Casualty Company of Reading,Pennsylvania JULY 1+ bio SEAL 784 Mary A.Rikafjkis 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 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 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 tine 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 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 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 duty adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any 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, 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 Califomia County of Los Angeles On February 28,2005 before rne, Sandy Wanner-Notary public Data NAME, TITLE OF OFFICER.. 'JANE DOE. NOTARY PUBLIC' personally appeared Pamela L.Stocks NAME(S)OF SIGNER(S) {X) personally known to me_OR - (_......) proved to me on the basis of satisfactory evidence to be the person(l) whose name(*) is/am subscribed to the within instrument and acknowledged to me that he/she/fit executed the same in /her/fair authorized capacity(WO), and that by kw her/WW signatures)on the Instrument the person(f), or the entity upon behalf of which the person(s) acted, executed the instrument, � WITNfES my hand and al seal. SANDY HANNER Commission#1352157 -,� Notary Public-California SiC3N RE OF NOTARY Los Angeles County lviy Comfy Expires Jul 2,2006 OPTIONAL Though the data below Is not required by lawn, 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 (—x—) ATTORNEY-IN-FACT NUMBER OF PAGES ( ) TRUSTEE(S) (_...�) GUARDIAN/CONSERVATOR {®) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) _Nalianni Fire In.irranrp QomoaM of Hartford SIGNER(S) OTHER THAN NAMED ABOVE (3•t87sxb•8 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 ofAmerica, 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, IBJ, and The Continental Insurance Company. DISCLE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the.Act was Zero Dollars ($0.00). FEDERALDISCLO-EM OF EARMIPATION IN RA3MENT QF TERRORISM LOSS The Ur1ited States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Patin P7310 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of yt ss. On ' ' before me, ,A,V`Or I t/1 , �,�11'd Y V4 PL&`I f IC Date Name and Title of OBickja. .,"Jane Doe,Notaryubiie) personally appeared -J • e Y � , Na s)of Signer(s) .personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed SARON SAVOY to the within instrument and acknowledged to me that Corrtmtsslon#1445141 he/she/they executed the same in his/her/their NoraPuwc • tz Santo ciara County authorized capacity(ies), and that by his/her/their1Lr1mYComm. ExptresOct 13,2007 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand an official seal. Place Notary Seal Above S' of AVretary Public OPTIONAL - t Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer-a-Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner--❑ Limited E.General El in Fact Top cf thumb here ❑ Attorney in Fact .Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: i Signer Is Representing: Signer is Representing: 02004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 Item No.5907 Reorder:Call Toll-Free 1-800-878-$827