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Home My WebLink AboutMINUTES - 04252006 - C.21 (2) . � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII!11111111111 -- - CONTRA COSTA Co Recorder Office 111111 Recorded at the request of. STEPHEN 1, WEIR, Clerk-Recorder Contra Costa County DOC— 2006-0130278-00 Board of Supervisors Wednesday, APR 26, Return to: FRE 2006 14:47:44 Public Works Department Tt1 Pd $0,00 Engineering Services Division Nbr 0003115816 lrc/R9/1-9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 25, 2006 by the following vote: AYES: Uilkenia,Piepho,DeSatilnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ OVI SUBJECT: Accepting completion of improvements and declaring Saddlehorn Court as a county road, Subdivision 104-08847,Danville area. (District III) These improvements are approximately located Creekview Place and Camino Tassajara. The Public Works Director has notified this Board that the improvements in Subdivision 04- 08847 have been completed as provided in the Subdivision Agreement with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., heretofore approved by this Board in conjunction with the filing of the!Subdivision Map. BB:rm G:\GrpData\EngSvc\BO\2006\04-25\SD 04-08847 BO-45.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Ric(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 -Construction Div. -P.Tehaney,M&T Lab -H.Finch,Maintenance Div . ATTESTED: y// -I.Bergeron,Mapping Div. -T.Ric,Engineering Svc. JOHN CULLS , Clerk of the Board of Supervisors and -T.—2/25/07 County Administrator Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog Shapell Industries,Att:S.Savage and SWorden 100 N.Milpitas Blvd.,Milpitas,CA 95035 By. c Deputy American Casualty Company of Reading,PA,Att:P.Stocks 2355 E.Camelback Road,Ste 500,Phoenix,AZ 85016 RESOLUTION NO.2006/ °Q// SUBJECT: Accepting completion of improvements and declaring Saddlehorn Court as a county road, Subdivision 04-08847, Danville area. (District III) DATE: April 25, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of April 25,2006 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement- DATE greement- DATE OF AGREEMENT NAME OF BANK/SURETY November 15, 2005 American Casualty of Reading PA BE IT FURTHER RESOLVED the payment(labor and materials) surety for$231,350.00, Bond No. 929348513 issued by the above surety be RETAINED for the six month lien guarantee period until October 25,2006,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 Saddlehorn Court the hereinafter described road, as shown and dedicated for public use on the Final Map of Subdivision 04-08847 filed November 21, 2005,in Book 485 of Maps at Page 38,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) Saddlehorn Court 36'!56' 0.064 BE IT FURTHER RESOLVED that the beginning of the warrant period is hereby � g g YP Y established,and the$4,600.00 cash deposit(Auditor's Deposit Permit No.449564,dated August 11, 2005)made by Shapell Homes and the performance/maintenance surety for$458,100.00,Bond No. 929348513 issued by American Casualty Company of Reading PA be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2006/.o?ll CMA SURETY X-Ref SUB 04-08847 Wendt Ranch, Phase III INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 348 513 issued by the I National Fire Insurance Com any ofi Hartford as Surety, on behalf of Shaoell Homes a Division of Shapell Industries, Inc., a Delaware Corp. of Milpitas, CA I hereinafter referred I to as the Principal, and in favor of County of Contra Costa of Martinez, CA I hereinafter referred to as the Obligee, effective the 3rd day of August 2005 -IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effectil a the 21st day of November 2005 and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby *DECREASED" I from the sum of Fur Hund–red—Fifty_Eight Thousand One Hundred and No/100! Dollars ($ 458,100.00'' ,to the sum of Sixty Eight Thousand Seven Hundred Fifteen and No/100" Dollars($ 68,715.00" ). 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 I sum of Four Hundred Fifty Eight Thousand One Hllndre"nd No/100" Dollars ($ 4 8,900.00** ), or for any loss occurring subsequent to said date shall not exceed the sum of Sixty Eight Thousand Seven Hundred Fifteen and No/100" Dollars ($ 68-715,00" ). 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 28th day of November,2005 Accepted B . Shapell Homes,a Division of Shapell Industries, Inc. Countyof Con Cost A Delaware Cor . (Principal) r, By _ By aI) By _(seal) p: National ire Insurance Company of Hartford (S rety) -- Form F4763 --- ---(Seal) Pamela L. Stocks, Atiorney-in-Fact J 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 auly 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 land appoint Pamela L Stocks,Beverly A Hall,Sandra V Harmer,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attomey(s)-ini 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 12th day of September,2005. J GAS Uq04SUR III �. Continental Casualty Company National Fire Insurance Company of Hartford `i coAvaure $� 014American Casualty Company of Reading,Pennsylvania a = JULY I, �u SEAL < + Michael Gengler Sen' r 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. j •OFFIGAL SEAL' ; ; MARIA M.MEMA • Naw Public,Bub of MWAM 50 • _ / _ J �My Commisa3/16N on bbi•s Y : �„Q•iGi/(fL,/ My Commission Expires March 15,2009 Maria M.Medina 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 I have hereunto subscribed my name and affixed the seal of the said corporations this 28th day of November J 2005 GAS W<T 01SUk4 Continental Casualty Company National Fire Insurance Company of Hartford co^ArF ; $ American CasualtyCompany of Reading,Pennsylvania JULY)I, ou SEAL tali �` • Mary A.A. ika kis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On November 28, 2005 before me. Sandy Hanner-Notary Public Oats 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(et) is/Iam subscribed to the within instrument and acknowledged to me that he/she/ttlailtexecuted the same lin:his/her/tair authorized capacityye,$), and that by kWher/ttte# signature(s) on the instrument the person(S), or the entity upon behalf of which the person(%) acted, executed the instrument. SANDYNANNER WITNESS y hand and offic' eal. Commission#13621.57 s g' Notary Public-California SIGNA RE OF NOTARY g - Los Angeles Countyl My Comrp.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-(N-FACT (_) TRUSTEE(S) (_) GUARDIAN/CONSERVATOR (_) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Gomoanvlof Hartford SIGNER(S) OTHER THAN NAMED ABOVE t3•ro>•+2a-e 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 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 PREMIUMI 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 ( ✓V\.'�MNW.^.1/�///✓%W.//W✓ /Nv✓ /, /`n,• -/ ..v I ` J V y 'J ✓//J N/./J.(V IW.MNW l✓'/'NV`JV 'NWVV`l J/ (\\JJ�-,VV.'/v'Vl.'�N1=1/\//IWW'/i'�M/v�VV!�MIVtiNNV✓ -/J 'Vv� vlv✓V -�VvvV. J�'/l,vVPJ.i li/✓vJ.+JJv✓(-M/WVWV`/`✓//`/i/`l`✓W � 11 }S �i S CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ; County of Santa Clara r On November 29, 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 the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. i J ANICE L KRUSE Z2 Commission# 1597428 -�w Notary Public.California ?� � Santa Clara County =�� Si afore of Notary Public 7S My Comm.Expires qug 24,200 Optional Information Title or Type of Document: Decrease Rider-Wendt Ranch Phase III Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of ; Shapell Industries, Inc. 5 )� z� zl �S +` 1 ii li l:� N✓'.. \. '.1N J" _ / V` ! __ ✓civ '/J -/✓.✓ ��/`✓`�✓-ii!!/�� vW✓ ✓I iJ/��