HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-043 IIII 111 III I III II IIII 1 II 11111 III IIII I Illi 1 II III III
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Recorded at the request of. CONTRA COSTA Co Recorder Off ice
Contra Costa
Department ounty
Public Worksrks DeSTEM L. UEIR Clerk-Recorder
Engineering services Division DOC— 200 —00 43985-00
Return to: v �+
Public Works Department Wednesday, JAN 29, 2003 11:20:29
Engineering services Division FRE $0.00
Ttl Pd $0,09 Nbr-H812M48
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on January 28, 2003,by the following voter
AYES: SUPERVISORS OIOIA, UILKEMA, GERBER, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.2003/ 43
SUBJECT: Accepting completion of improvements, Road Improvement Agreement for Road
Acceptance 1032(cross-reference Subdivision 7578),and declaring a certain road as
a County Road(Norris Canyon Road), San Ramon area. (District M)
The Public Works Director having notified this Board that the improvements for Road
Acceptance 1032(cross-reference Subdivision 7578)have been completed as provided in the Road
Improvement Agreement with Toll Brothers,Inc.,heretofore approved by this Board;
PE:cw
0:\(}t,D&t&TxgSvc\80\2003t1-28-03\ A 1032 B0-42.doc
OrWnstor r Public W (ES) I hereby certify that this is a true and correct copy of an action
Contact: Rich Lie*(313-2348) taken and entered on the minutes of the Board of Supervisors
cc: Public Warks Tax I.D. 23-2417123,Accounting
T.sell,Construction Div. on the date shown,
M.Valdez.M&T IAb
-H.Finch,Maintenance Div.
m I.Bergeron,Mapping Div.
T-12-28 04 ATTESTED: JANUARY 28 2003
Recorder('i'Div,i`)'then PW Engineering Savim
Sheriff-Patrol Uiv,Commander JOHN JOHN SWEETEN Clerk of the Board of Supervisors and
CHP,clo Al County Administrator
CSAA-Cariog
National Fire Insurance Co.of Hartford
CNA Plaza By Deputy
Chicago,EL 60685
National Fie Insurance Co.of Hartford
P.O.Box 8286
Philadelphia,PA 19101
Toll Brothers,Inc.(Northern Cahfornia Division)
100 Park Place,Suite 140
San Ramm CA 94583
Toll Brothers,Inc.
3103 Pbil vont Ave.
Huntingdon,PA 19101
TSA
Arlene Ostroff
P.O.Box 1787
Paoli,PA 19301
RESOLUTION NO.2003! 43
SUBJECT: Accepting completion of improvements, Road Improvement Agreement for Road
Acceptance 1032(cross-reference Subdivision 7578),and declaring a certain road as a
County Road(Norris Canyon Road), San Ramon area. (District III)
DATE: January 28, 2003
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of January 28,2003, thereby establishing the six-month terminal period for the filing of liens in
case of action under said Road Improvement Agreement:
DATE OF AGREEMENT SURETY
April 20, 1999 National Fire Insurance Co.of Hartford
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,400,000.00,
Bond No. 190402336 issued by the above surety be RETAINED for the six month lien guarantee
period until July 28, 2003, 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 the widening of Norris Canyon Road is ACCEPTED
and DECLARED to be a County road; the right of way was conveyed by separate instrument,
recorded on September 13, 1999,in Book 415 ofMaps at Page 4 of Official Records of Contra Costa
County, State of California.
BE IT FURTER RESOLVED that the beginning ofthe warranty period is hereby established,
and the $28,300.00 cash deposit (Auditor's Deposit Permit No. 318564, dated August 18, 1998)
made by Toll Brothers,Inc.and the performancelmaintenance surety and rider for$420,000.00 Bond
No. 190402336 issued by National Fire Insurance Company of America be RETAINED pursuant to
the requirements of Section 94-4.406 of the Ordinance Code until released by this Board.
RESOLUTION NO. 2003/43
Continental Casualty Company CNA
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
CNA Plaza A Stock Company
Chicago,Illinois 60685
DECREASE RIDER
To be attached and made a part of Bond No. 190402336 issued by the National Fire Insurance Company of
Hartford,(hereinafter called the Surety),on behalf of TOLL BROS.,INC.,(hereinafter called the Principal),
in favor of the COUNTY OF CONTRA COSTA, (hereinafter called the Obligee),and dated the 27 TH Day
of JULY, 1998.
In consideration of the premium charged for the attached bond and other good and valuable consideration it is
understood and agreed that effective the 6 TH day of JANUARY, 2003 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 TWO MILLION EIGHT HUNDRED THOUSAND AND 1401100 DOLLARS
($2,800,000.40) to the sum of FOUR HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS
($420,000.00).
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
TWO MILLION EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS ($2,800,000.00), or for any
loss occurring subsequent to said date shall not exceed the sum of FOUR HUNDRED TWENTY
THOUSAND AND NO1100 DOLLARS($420,000.00). 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 6 TH day of JANUARY,2003.
ATTEST: TOLL BROS.,INC.
J"'A BY-
ABOVE IS HEREBY AGREED NATIONAL FIRE INSURANCE COMPANY OF
CCEPTED: HARTFORD
COUNTY OF COSTA,
{TITLE) DANIEL P.AGAN- Y-IN-FACT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On 1 101. , before me, tt-114 .4—
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me end rroe of of er(e.g.,'Jens Doe.Nota blic")
personally appeared i Ke _619 �"t _ -
me(a}of sigt,ar{a}
�ypersonally known to me
El proved to me on the basis of satisfactory
evidence
to be the person whose name(4 is/aX
subscribed to the within instrument and
acknowledged to me than he/s /thh executed
the same in his/b4m,46ir authorized
THERESA E.MAC r NIL-FOGELtrMA1i capacity(W), and that by his/orfthk
COMMISSION#1265741 signaturevon the instrument the person,or
NOTARY PUBLIC-CALIFORNIAt the entity upon behalf of which the person)
CONTRA COSTA COUNTY"' acted, executed the instrument.
COMM.EXPIRES MAY 29.2004
WITH SS my hand and official seal
"9-
Place Notary Seal Above Signature of Notary Publk
OPTIONAL
Though the information below is not required by low,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:
Signers)Other Than Named Above:
Capacity(les)Claimed by Signer
Signer's Name:
D Individual
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C1 Corporate Officer.r.Titles):
D partner--D Limited Cel General
❑ Attorney in Fact
❑ Trustee
0 Guardian or Conservator
❑ Other:
Signer Is Representing:
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01999 KlftW Notary AmodaWn•93.5'tl Do SMAW.,P.O.f X 2402•CtWaw*r*t CA 91313-2102•www. .mg Pod No.5947 RwNdor.CIA T01Wf a I-4100476-OW
CALIFORNIA'ALL-PURPOSE ACKNOWLEDGMENT
State Of PENNSYLVANIA
County of CHESTER
ARLENE OSTROFF
On JANUARY .6, 2003 before me, NOTARY PUBLIC
DATE UAW f tTLE OF OFFICER-E.G..`JANE DOE,NOTARY PUIBW
personally appeared DANIEL P. DUNIGAN
9
NAME(S)OF SIGNER(S)
G personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(*xwhose name(N !show
subscribed to the within instrument and ac-
knowledged to me that he%*RUMW executed
the same in his/3U1W authorized
capacity(z ), and that by his/hA0ffkMjR
signature(g) on the instrument the person{,
or the entity upon behalf of which the
person(s) acted, executed the instrument.
NOTARIAL SEAL.. AL WITH SS my ha d and official seal.
ARLENE WT)IGH,Nutxr;Pubk
P"A,Chest#;Covin},PA
My Gw m**iow EWn Haven 22,2044
SIGNATURE NOTARY
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
CORPORATES OFFICER
TITLE OR TYPE:OF DOCUMENT
Tm.E(S)
PARTNER(S) LIMITED
C] GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
CI TRUSTEE(S)
GI GUARDIANICONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENMYOW
I+t,+1,T'IDNAL FIR NSD ANC's COMPANY C1tt' DARTFORD SiGNER(S).OTMEcR THAN NAMED ABOVE
111 A 0 9 1;1 pip PIP 61 114
CH 90 NATIONAL NOTARY ASSOC)ATION•82"36 PAftlrnet AVG.,P.O.Bok 7184•Can096 Park;CA 91309-7184
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY4N-FACT
Know Alk Men By These Presents,That.CONTINENT4 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 dei by virtue of the signature and seals
herein affixed hereby make,constitute'and appoint `
.William F.Simklss,John R.Waite,John A.Simkiss,fit,Daniel.P.Dun€ an,Richard J.Decker,lndWually
of Paoll,Pennsylvania
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 67 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,duty 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 17th day of November 2000
CONTINENTAL CASUALTY COMPANY
ts'
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
ARY 1t.
-Michael lerroup Vice President
State of Illinois,County of Cook,ss:
On this 17th, day of November 2000 >before me personally came
Michael CwVler to mems cl"ZW,,who,being by me duly sworn,did depose and say;that he res In theeMy-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 seals arced 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 liken authority,
and acknowledges same to be the act and dead of said corporations.
DIANE IPMAXNER
# OWN 1 Putft slow
H.o+us•a+.+r..•..es+..s.Z ,�..
My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
1,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 still 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 force.In testimony whereof'1 have hereunto subscribed my name and affixed the seals of the
said corporations this 6T'fi day of .TAI5TT3Alt _ (}
CONTINENTAL CASUALTY COMPANY
a• NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
.
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
� JULY Ji,
Ma . tibikawskis Assistant
(Rev.1011/97).
CNA INSURANCE COMPANIES
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
STATEMENT OF ASSETS AND LIABILITIES
December 31, 20031
ASSETS:
Cash $ {22,188,625}
Short-term investments(principally U.S.Government Obligations) 404,777,073
United States Govemment obligations 707,232,412
Cather public bonds 255,414,271
industrial and miscellaneous bonds 527,312,000
Preferred stocks 10,642,500
Common stades of affiliated companies 340,026,673
Other common stocks 16,131,000
Real Estate 0
Premiums and agents'balanus in course of collection 781395,401
Premiums,agents balances and installments booked but
deferred and not yet due 62,418,955
Accrued retrospective premiums 13,039,920
Accrued interest dividends and rents 16,270,365
other Assets 168 651,757
Admitted Assets $2,575,123,704`
LIABILITIES:
Uneamed premium reserve $ 300,399,356
Reserve for loss and loss adjustment expense 1,053,654,104
Reserve for taxes,licenses and fees(including federal income takes) 16,880,055
Other Liabilities434 947131
Total Uabilities $��,80
sukpLUSt
Ca ltai paid up{$2,000.00 par value}
Shares authorized: 2,000,000 issued: 2,500 $ 52,200,000
Surplus 720,043,0S65
Surplus as Regards policyholders 772,243, 56
Failure of items to add to totals shown is due to roundin
State of Illinois }
)ss
County of Cook}
On this 10th day of April,2002,before me came Lawrence J.Boysen and Jerry F.Shwa,known
to me personally to b*the Senior vice President and the Assistant vice President,respectively,of the
National Fire Insurance Company of Hartford being fully sworn,certify and attest that the foregoing
statement is a true and correct statement of the assets and liabilities of the said company as of the date
shown in the statement.
Jerry Kva, U tt Vice President L rence J.iso nior We President
Rotary Pul5lic
L.I:A R. W66D
+ Notary Relic.6tsts of 111bugs
• My Commission moires 8/8108