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Home My WebLink AboutMINUTES - 04152008 - C.6 (2)THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 15, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla & Glover NOES: none ABSENT: none ABSTAIN: none RESOLUTION NO. 2008/ 2 S�? SUBJECT: Accepting completion of improvements for Dougherty Road, Road Acceptance 04-01168 (cross-reference Subdivision 04-08856), San Ramon (Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements for Road Acceptance 04-01168 (cross-reference Subdivision 04-08856) have been completed as provided in the Road Improvement Agreement with Shapell Homes, a Division of Shapell Industries, Inc, a Delaware Corp., heretofore approved by this Board; LL:vz G:\EngSvc\BO\2008\04-15\BO45 RA 04-1168.docx Originator: Public Works (ES) Contact: Teri Ric (313-2363) Recording to be completed by Clerk of the Board I.D. 95-2578030 cc: Public Works Construction Div. P. Tehaney, M&T Lab I. Bergeron, Mapping Div. D. Spinale, Engineering Svc. Sheriff -Patrol Div. Commander CLIP, c/o AI CSAA — Cartog Chris Low, City of San Ramon 2222 Camino Ramon San Ramon, CA 94583 Shapcll Homes 100 N. Milpitas Blvd Milpitas, CA 95035 Attn: S. Worden and S. Savage Via Fax (Lori Stritt (925) 735-7822) National Fire Insurance Company of Hartford 2355 E. Camclback Road, Suite 500 Phoenix, AZ 85016 Attn: Pamela 1... Stocks I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: 04115&, ; JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator By , Deputy RESOLUTION NO. 2008! 054P .CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR, Clerk -Recorder Contra Costa County Board of Supervisors DOC— 2008-0086714-00 Return to:APR Public Works Department Monday, 21, 2008 14:38:39 Engineering Services Division FRE $0.00 1 Tt 1 Pd $0.00 Nbr-0004062259 Irc/RS/ 1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 15, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla & Glover NOES: none ABSENT: none ABSTAIN: none RESOLUTION NO. 2008/ 2 S�? SUBJECT: Accepting completion of improvements for Dougherty Road, Road Acceptance 04-01168 (cross-reference Subdivision 04-08856), San Ramon (Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements for Road Acceptance 04-01168 (cross-reference Subdivision 04-08856) have been completed as provided in the Road Improvement Agreement with Shapell Homes, a Division of Shapell Industries, Inc, a Delaware Corp., heretofore approved by this Board; LL:vz G:\EngSvc\BO\2008\04-15\BO45 RA 04-1168.docx Originator: Public Works (ES) Contact: Teri Ric (313-2363) Recording to be completed by Clerk of the Board I.D. 95-2578030 cc: Public Works Construction Div. P. Tehaney, M&T Lab I. Bergeron, Mapping Div. D. Spinale, Engineering Svc. Sheriff -Patrol Div. Commander CLIP, c/o AI CSAA — Cartog Chris Low, City of San Ramon 2222 Camino Ramon San Ramon, CA 94583 Shapcll Homes 100 N. Milpitas Blvd Milpitas, CA 95035 Attn: S. Worden and S. Savage Via Fax (Lori Stritt (925) 735-7822) National Fire Insurance Company of Hartford 2355 E. Camclback Road, Suite 500 Phoenix, AZ 85016 Attn: Pamela 1... Stocks I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: 04115&, ; JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator By , Deputy RESOLUTION NO. 2008! 054P SUBJECT: Accepting completion of improvements for Dougherty Road, Road Acceptance 04-01168 (cross-reference Subdivision 04-08856), San Ramon (Dougherty Valley) area. (District III) DATE: April 18, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of April 15, 2008 thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT September 12, 2006 NAME OF SURETY National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for $4,543,900.00, Bond No. 929 390 932 issued by the above surety be RETAINED for the six month lien guarantee period until October 18, 2008, 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 Dougherty Road for the hereinafter described public improvements, dedicated for public use by separate document Recording Series 2007-0343148- 00, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETED. Road Name Road-R/W Widths Lengths (Miles) Dougherty Road 108'/142' 0.36 miles Upon Acceptance by the Board of Supervisors, the developer, Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., shall retain the road 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 $90,900.00 cash deposit (Auditor's Deposit Permit No. 468372, dated August 3, 2006) made by Shapell Homes, and the performance/maintenance surety bond rider for $1,349,535.00, Bond No. 929 390 932 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. Gale Ranch IV, RA 04-01168 (XREF SUB 8856) CI1 /A -SURETY INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number .—._ 929390 932 issued by the National Fire Insurance Company of Hartford _ _. as Surety, on behalf of _Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. of _Milpitas, CA _ hereinafter referred . to as the Principal, and in favor of _County of Contra Costa of . Martinez, CA _ . ._..___ hereinafter referred to as the Obligee, effective the 24th' day of _.duly__ 2006 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the _. 29th day of October 2007 __ , and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby *'DECREASED`* __...-.__ from the sum of Eight Million Nine Hundred Ninety Six Thousand Nine Hundred No/100***__ _. Dollars ($ 8,996,900.00***__._), to the Sum of One Million Three Hundred Forty Nine Thousand Five Hundred Thirty Five No/100*** Dollars ($ 1.349,535.00*** ). 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 Eight Million Nine Hundred Ninety Six Thousand Nine Hundred No/100—* _Dollars ($ 8,996,900.00**` _ ) or for any loss occurring subsequent to said date shall not exceed the sum of One Million Three Hundred Forty Nine Thousand Five Hundred Thirty Five No/100*** Dollars ($ 1,349,535.00*** ), 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 29th day of October 2007 Accepted By: County of Contra By Form F4763 Shapell Homes, a Division of Shapell Industries, Inc., VVI "'t -e I NSc-t- , U•V, (Seal) (Seal) VC 11 Natio.ne-Fire Insurance Company of Hartford (Sunsty) (Seal) Pamela L. Stocks, Attorney -in -Fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Knox All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, an Illinois corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are dilly 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 Harmer, 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 14th day of February, 2006. �P�GASUq�TI E I14SUR4*, o�vpNrp� 2� CORPORATE z o ♦ $ JULY 11, : OV SEAL a� Manz 1897 NARK �kb • Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Thomas P. Stillman Senior Vice President State of Illinois, County of Cook, ss: On this 14th day of February, 2006, before me personally came Thomas P. Stillman to me known, who, being by me duly swom, 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, an Illinois 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 - MARIA M. MEDINA Notary Public. State of /1!509 • ,/1�� . ' ' `_ — — _ _ " My Commission Expires 3116109 My Commission Expires March 15, 2009 Maria M. Medina Notary Public CERTIFICATE 1, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, an Illinois 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 29th day of October 2007 �Pv CASUq�TY 2 00RPORArf O� OV SEAL 1897 Form F6853-11/2001 to�vaIffc< Continental Casualty Company t. 'b National Fire Insurance Company of Hartford *QRFo"to " American Casualty Company of Reading, Pennsylvania JULY 71,, 1902 � ^ b • �a l/,.C.J Mary A. Rikafjkis Assistant Secretary State of California County of Los Angeles �� October 29, 2007 before me, Beverly A. Hall - Notary Public Dale NAME. TITLE OF OFFICER...'JANE OOE. 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(z) whose name(t:) isheae subscribed to the within instrument and acknowledged to me that hoe/she/tom( executed the same. infts/her/*r* authorized capacity(mes), and that by Baas/her/tbw signature(s) on the instrument the person(#), or the entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my hand and official seal. BEVERLY A. KALI. Cornmlulon #I 1717989 Notary Publld - Callfomla SIGNATU OF NOTARY Boa Angeles County Corrin. 6 U Jan 16 2011 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 (_) INDIVIDUAL (_) CORPORATE OFFICER TITLE(S) (_) PARTNER(S) (_) LIMITED . (_) GENERAL ( x ) ATTORNEY-IN-FACT (_) TRUSTEE(S) (_) GUARDIAN/CONSERVATOR (_) OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) , National Fire Insurance Company of Hartford (3- t07426-8 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ✓.N'./��:'.J`.'�N`.i.�.J.N\.'. ✓.✓'. /.TJ�n`✓\.'..:�:� .'/'.:'��\h^.i'%.✓'ice"-.�;i.i.',.'�: •,.\/.: ``/`i �:'.�/✓'.',':'✓ CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On October 30, 2007, 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. JAIJICE T. KRUSE Commission # 1597428 emy Notary Public - California z Santa Clara County Comm. Expires Aug 24, 2009 `-WITNESS my hand and official seal. Signature of Notary Public Optional Information Title or Type of Document: Decrease Rider - Gale Ranch IV RA -04-01168, Tr. 8856 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shavell Industries, Inc. •`//`.'.^:.�`.'\: ✓...Y•, N\n _��J..:V .•. �.�M/..�.i..;vV`v`�.iV•.M/`i'v:..n i.i .:'\^/�J :n.'�V..'� :.\i `:��:i �Jl..'i Jhni/v��•..:.: .'✓..\:\n ::`✓\.�.�.. :, .