HomeMy WebLinkAboutMINUTES - 05172005 - 2005 RES 294 CONTRA COSTA Co Recorder Office
Recorded at the request of, STEPHEN L, UEIR Clerk-Recorder
Contra Costa County OC- 200' —0179764-00
Board of supervisors Thwaday,, MAY 19, 2005 10:40:39
Return to: FRE $0.00
Public Works Department y A+� 4
Engineering Services Division T6I Pd $@.N Nbr-0002704201
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on May 17, 2045, by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.2005/ 294
SUBJECT: Accepting completion of improvements for Subdivision Ot-08564, San Ramon
(Dougherty Valley)area. (District III)
These improvements are approximately located near Bollinger Canyon Road and Briar Oaks Road.
The Public Works Director has notified this Board that the improvements in Subdivision 01-
08564 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
May 17, 2005 thereby establishing the six-month terminal period for the filing of liens in case of action
under said Subdivision Agreement:
TR:rnt
G.1GrpData\EngSvCxBO\2005\05-17\SD 01-08564 BO-45.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact:Teri Rie(313-2363)
Recording to be completed by COB action taken and entered on the minutes of the Board of
I.D.95-2578030 Supervisors on the date shown.
cc: Public Works T.Bell,Construction Div.
M.Valdez,M&T Lab
H.Finch,Maintenance Div.
-1.Bergeron,Mapping Div. ATTESTED MAY 17, 2005
1.1 arEngineerings
T.—March 17,2006 p JOHN SWEETEN, Clerk of the Board of Supervisors and
-Tc
Sberili=Patrol Div.Commander County Administrator
CHP,c/o AI
CSAA—Cartog,
Shapell Industries of Northern California,
a Division of Shapell Industries,Inc.
100 N.Milpitas Blvd. By ,Deputy
Milpitas,CA 95035
Attn:S.Savage&S.Worden
National Fire Insurance Company of Hartford
5820 Canoga Ave.,Ste 200
Woodland Hills,CA
RESOLUTION NO.20053 294
SUBJECT: Accepting completion of improvements for Subdivision. 01-08564, San Ramon
(Dougherty Valley) area. (District
DATE: May 17,2005
PAGE: 2
DATE OF AGREEMENT NAME OF BANK/SURETY
March 4, 2003 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$2,102,800.00,
Band No. 190 775 280 issued by the above surety be RETAINED for the six month lien guarantee
period until November 17,2005,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 Briar Oaks Drive,Saturn Park Drive,Tiger Lily Drive,
Deldrin Court, Begonia Court, Graciosa Court, Brower Court, and a portion of Brower Way and
Saturn Park Court, the hereinafter described road(s), as shown and dedicated for public use on the
Final Map of Subdivision 01-08564 filed April 2,2003,in Book 453 of Maps at Page 1-9, Official
Records;of Contra Costa County, State of California, is/are ACCEPTED and DECLARED to be
County roads)
Road Name Road-R/W Widths Lengths (Miles)
Briar Oaks Drive 36'-56' (varies 81.05 at Bollinger entry) 44
Saturn Park Drive 36'-56' .26
Tiger Lily Drive 36 -56' .09
Deldrin Court 36'-56' .04
Begonia Court 36'-56' .03
GraciosaCourt 36'-56' .03
Brower Court 36'-56' .11
Brower Way 36'-56' .03
Saturn Park Court 36'-56' .02
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$42,100.00 cash deposit(Auditor's Deposit Permit No.397647,dated December
18, 2002) made by Sapell Industries for Northern California and the performance/maintenance
surety bond rider for $624,525.00, Bond No. 190 775 280 '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.
Upon acceptance by the Board of Supervisors,the City ofSan Ramon shall accept Briar Oaks
Drive, Saturn Park Drive,Tiger Lily Drive,Deldrin Court,Begonia Court, Graciosa Court,Brower
Court,Brower Way and Saturn Park Court for maintenance in accordance with the Dougherty Valley
Memorandum of Understanding.
All deposit permits are on file with the Public Worlds Department.
RESOLUTION NO. 2005/294
A11111111111111tAlL AVAIL
Ui.NrTTract 8564, N-8,Coronado
INCREASE DECREASE RICER
TO BE ATTACHED TO and form part of Bond Number 190 775 280 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 of County of Contra Costa
of Martinez,CA hereinafter
referred to,as the Obligee; effective the 12th day of December 2002 _
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 14th day of March 2005 ,and
subject to all the terms, conditions and limitations of the attached bond,the penal subs thereof shall be and the
same is hereby **DECREASED'" — from the sum of
Four Million One Hundred Sixty Three Thousand Five Hundred No/100* Dollars($4.183,500.00— to the
SUM of Six Hundred Twenty Four Thousand Five Hundred Twenty Five No/100** Dollars($ 624,525.00** },
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 less occurring prior to said date shall not exceed the
sum of Four Million One Hundred Sixty Three Thousand Five Hundred No/100* Dollars($ 4,163,500.00** }
or for any loss occurring subsequent to said date shall not exceed the sum of
Six Hundred Twentv Four Thousand Five Hundred Twentv Five No1100** Dollars($ 624.525:00" },
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 16th day of March,,2005.
Accepted By of Shapell industries, Inc.
Shapell Industries of Northern California,a Division
County of Contra Co
(Principal)
By _ By y� (Seal)
.».3-1.•.. �h.0 ik. .vv't.V v�ri 't J�'C J C"..C ..
i
By __ (Seal)
National Fir'o Insurance Company of Hartford
Form F4763 ✓ { lly)
BYlY� w� i�G - _(Seal)
Pamela L.Stocks Attorney-in Fact
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Merl 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 City of 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.Hanner, Individual)
of Sherman Oaks California
their true and lawful Attorneys)-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 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
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
Z
JULY t,
av
SEAL ,rMlA/0*
18117 y` NA1 `' • ►$`
State of Illinois,County of Cook,ss: Marvin J.Cashion Group Vice President
On this 7th day of January , 2000 ,before me personally came
Marvin J. Cashion,to me known,who, being by me duly sworn,did depose and say:that he resides inthe 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 seal'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.
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My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
I, 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 stili 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 fqc .�n testimony whereof I have hereunto s ed my name and affixed the seals of the
said corporations this lg't day of March
��� g1St►� CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING.PENNSYLVANIA
yv
a JULY 1l. � `•
s) SEM r )loo
(Ftev.3 pJ1/97) Mary A. Ribikawskis Assistant Secretary
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 andby authority of the following By-Law duty 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 attomays-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 duty 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 3 of ArticleIX 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 Attorney4n.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{lower 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 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 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,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, shalt 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_.
March 16,2005 Sandy Hanner-Notary Public
On before rne, ,
pate NAms. 'rlTLS OF OFFICER„"JANE DOE. NO FARY PUBLIC"
personally appeared Pamela L Stocks
NAME(i)OF SIGNER(S)'
( ) personally known to me OR- (---)proved to me on the basis of satisfactory evidence to be
the person(ig)whose name(*) is/am subscribed to the within instrument and acknowledged to me that
bE1>€ sheltl"executed ft same inxtlslherlt wir authorized capacity(ies), and that by kWher/Wf4w
signature(s)on the instrument the person(f), or the entity a ;on behalf of which the person(st) acted,
executed the instrument.
s WITNE r my hand and affilelff seal.
SANDY HAMMER r
40� Commission#r 1362!57 `
Notary Public-CaMomis SIGNATURE OF NOTARY'
Los Angeles County
My Comm Expires'Jut 2,20016 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
(-!L) ATTORNEY-IN-FACT
( } TRUSTEES)
( ) GUARDIANlCONSERVATOR
(•_..�} OTHER
DATE OF DOCUMENT
SIGNER E8 REPRESENTING:
NAME OF'PERSON(S)OR ENTITY(IES)
atinn l Fire Inguranne Cornea v of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
t3-f0742d•8
N011-CE
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 (callertively 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,
M L06 C PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
FARIDUPATION LN P 4F TERRORISM
LOSSES
The United States will pay ninety percent(90°l) of covered terrorism losses exceeding
the applicable suretylinsurer deductible.
Form X7310
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
;y
>? State of California
County of Santa Clara ;>
>`
On March 18,2005,before me,Janice T. Kruse,Notary Public personally! appeared, ;1
Robert D. Moore &J. L. Luedemann 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. ;
1 JANICE T.KRUSE
Commission# 1318697 I "' WITNESS my hand and official seal. ;>
Notary Public.CaHtornit3 /✓
Santa Cara County
`>
44iMy Comm.Expires Aug 24,200511
Signature of Notary Public
Optional Information a>
x;
r
Title or Type of Document: Increase/Decrease Rider Tract 8564
Capacity Claimed:by Signer: Assistant Vice President and Assistant Secretary of
5 Shanell Industries,Inc..
of
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