HomeMy WebLinkAboutMINUTES - 02072006 - C.12 (2) CONTRA COSTA Co Recorder Office
Recorded at the request of. STEPHEN L, UEIR, Clerk-Recorder
Contra Costa County DOC— 2006_0042301-00
Board of Supervisors
Return to: Wednesday, FEB 08, 2006 15:20:59
Public Works Department FRE $0.00
Engineering Services Division Tt 1 Pd $0.00 Nbr-0003114131
Irc/R9/1-9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 7, 2006, by the following vote:
AYES: Uilkema,Piepho,DeSaulnier;Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
---- - - RESOLUTION NO. 2006/""7
SUBJECT: Accepting completion of improvements, Subdivision 02-08698, Danville area.
(District III)
These improvements are approximately located near Casablanca Street and Creek View
Place.
The Public Works Director has notified this Board that the improvements in Subdivision 02-
08698 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.
LL:rm
G:\GrpData\EngSvc\BO\2006\02-07\SD 02-08698 BO-45 DV.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 G.Paduveris,Construction Div.
1. Tegeron,Map Lab re `Y�'y
-I.Bergeron,Mapping Div. ATTESTED' t�lCJ �
C.Mohammed,Engineering Svc. JOHN SWEETEN, Clerk ofl6e Board of Supervisors and
T.—12/7/06
Sheriff-Patrol Div.Commander County Administrator
CHP,c/o AI
CSAA—Cartog
Shapell Industries of Northern California
100 N.Milpitas Blvd.
Milpitas,CA 95035 BY , Deputy
Attn:S.Worden and S.Savage
National Fire Insurance Company of Hartford
5820 Canoga Ave.,Suite 200
Woodland Hills,CA 91367
RESOLUTION NO.2006/
SUBJECT: Accepting completion of improvements, Subdivision 02-08698, San Ramon
(Dougherty Valley) area. (District III)
DATE: February 7, 2006
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of February 7, 2006 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 SURETY
December 2, 2003 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment(labor and materials) surety for$400,600.00,
Bond No. 929263066 issued by the above surety be RETAINED for the six month lien guarantee
period until August 7,2006,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 Creekview Place, Madeline Lane, and Ariel Drive for
the hereinafter described public roads, as shown and dedicated for public use on the Final Map of
Subdivision 02-08698 filed December 11, 2003, in Book 459 of final maps at Page 23, Official
Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE.
Road Name Road-R/W Widths Lengths (Miles)
Creekview Place 36-56.1'RW 0.06
Madeline Lane 36-56.1'RW 0.08
Ariel Drive 36'-58.6'RW 0.12
Upon acceptance by the Board of Supervisors, the developer, Shapell Industries of
Northern California, shall retain the subdivision improvements for maintenance and ownership
during the warranty period.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the $8,010.00 cash deposit (Auditor's Deposit Permit No. 411475, dated
September 9, 2003) made by Shapell Industries of Northern California, and the
performance/maintenance surety bond rider for $118,978.50, Bond No. 929263066 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. 20061---
APFAJA
Tract 8698, Wendt Ranch, Phase I I
SURETY
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 929 263 066 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.,a Delaware Corp. 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 22nd day of August 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 4th day of November 2005 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
Seven Hundred Ninety Three Thousand One Hundred Ninety No/100 Dollars($793,190.00"' ),to the
sum of One Hundred Eighteen Thousand Nine Hundred Seventy Eight and 50/100 Dollars($ 118,978.50"' )
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 Seven Hundred Ninety Three Thousand One Hundred Ninety No/100 Dollars ($ 793,190.00"' )
or for any loss occurring subsequent to said date shall not exceed the sum of
One Hundred Eighteen Thousand Nine Hundred Seventy Eight and 50/100 Dollars ($ 118,978.50"" )
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 7th day of November, 2005.
Accepted By: Shapell Industries of Northern California, a Division
County of Contra Costa of Shapell Industries, Inc., a Delaware Corp.
(Principal)
By — By (Seal)
Ken Asst. Sec.
By (Seal)
Robert D. Moore, Asst. V. P.
Natkrna�Kire Insurance Company of Hartford
Form F4763 {Safety^)l
,��jp[..f"--" (Seal)
Pamela L. Stocks, Attorney-iri-Fact
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 attomeys-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 anytime,revoke all power and authority previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and bythe 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 3 of Article DX 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 VlL—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 actin behalf of the Company in the execution of policies of
insurance, bonds, undertakings and other obligatory instruments.of like nature. Such attomeys-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 171b 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 Attomey-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 170'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."
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a
Connecticut corporation,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 instriurients 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 authorityof 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 12th day of September,2005.
oastrq�r 01suJt oe Continental Casualty Company
National-Fire Insurance Company of Hartford
'
00!1POFure 7 �r F0 American.Casualty Company of Reading,Pennsylvania
OV
SEAL
! MY]I.
logliAiltf
Michael.Gengler Sen7r Vice President
'
State of Illinois,County of Cook,ss:
On this 12th day of September,2005,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'
- - AAARI M VEDINA Nalwy Public.Stow at Illinois
i My Commission Ewwa 3116A7i�
My Commission Expires March 15,2009 Maria M.Medina Notary Public
CERTIFICATE
1,Mary A.Ribikawskis,Assistant Secreta y 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.
7th day of . November 2005
oAsuq<r tawR4 Continental Casualty Company
National Fire Insurance Company of Hartford
'
060POPATF Sg� p►arFo American Casualty Company of Reading;Pennsylvania
yys JULY AI,
OJ SEAL 'z 41 e L992 's
res? NAIL `
Mary A. ikafjkis Assistant Secretary
Form F6853-11/2001
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 (collectively the "Writing Companies") as surety
Pr 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).
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Form F7310
State of California
County of Los Angeles
On November 7,2005 before me. Sandy Hanner- Notary Public
Date 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(s) whose name( is/am subscribed to the within instrument and acknowledged to me that
he/she/tb"executed the same in:biis/her/tfalrair authorized capacity(ies), and that by kwher/tom
signature(s) on the instrument the person(§),,or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNE my hand and offici al.
SANDY HANNER /9
Commission#1362157
Notary Public-California SIGNhTURE OF NOTARY
Los Angeles Cpunty
4AMy Comm.Expires Jul 2,2006 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
(X) ATTORNEY-IN-FACT
(_) TRUSTEE(S)
(_) GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
G-107426.8
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C
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
s State of California ?(
?> County of Santa Clara
it
On November 8,2005,before me,Janice T. Kruse,Notary Public personally appeared
>` Robert D. Moore and Ken Cox known to me to be the persons whose name are
subscribed to the within instrument and acknowledged to me that they executed the same '?
in their authorized capacities, and that by their signature on the instrument, the persons or 5
?<, the entity upon behalf of which the persons acted, executed the instrument.
ITNESS my hand and official seal.
JANICE T.KRUSE
Commission#1597428 2�
0toyPublic
No -California
5 Sarna Clara county Signa e of Notary Public Sz
\; t+ny comm.Expires nug 24,2
i,
'? Optional Information <3
Title or Type of Document: Decrease Rider- Tracvt 8698 - Wendt Ranch Ph. III
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shavell Industries, Inc.
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