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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-640 CONTRA COSTA Cc Recorder Office •' STEPS L. SIR Cterk-Recorder [0C— 200 --�0 35911-0 - Recorded at the request of: W;dnosdsy, OCT 29, 2$03 11:34:48 Contra Costa County FRE $9.00 Board of Supervisors T 4 Pd Return to: $8,00 N?r-01$30191 Public Works Department Ire/RS/1-8 Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on October 28, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UIIZMik, GRMBERG, GLOVER; AND DESAUTL,,NIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO, 2003/ 640 SUBJECT: Accepting completion of improvements and declaring Daugherty Road as a county road, Road Acceptance 1103 (cross-reference Subdivision 7984), San Ramon (Daugherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements in Road Acceptance 1103, Dougherty Road (cross-reference Subdivision 7984) have been completed as provided in the Road Agreement with Shapell Industries of Northern California, a Division of Shapell Industries,Inc.,a Delaware Corp.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. LT.rm:sr 0:\CsrpDatatEngsvc1Ba12003110-28-03\RA 1103 BO-45.doc Originator: Public Works(ES) Contact: 'fieri Rie(313-2363) I hereby certify that this is a true and correct copy of an Recording to be completed by Clerk of the Board action taken and entered on the minutes of the Board of W. Public Works Tax I.D.95-257-8030,Accounting Supervisors on the date shown. -T.Bell,Construction Div. M.Valdez,M&T Lab ATTESTED: OCTOBER 28 2403 H.Finch,Maintenance Div. - -1.Bergeron,Mapping Div. JOHN SWEETEN,Clerk of the Board of Supervisors and -J.Gray,Eng.Svc. County Administrator -T.—October 14,2004 Sheriff-Patrol Div,Commander CHP,c/o Al CSAA-Cartog $y Deputy Shapell Industries of Northern California a Division of Shapell Industries,Inc.,a Delaware Corp. Sam Worden and Steve Savage 100 N.Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance Company of Hartford 21650 Oxnard St.,Suite 600 Woodland Hills,CA 91367 RESOLUTION NO.2003/ 640 SUBJECT: Accepting completion of improvements and declaring Dougherty Road as a county road, Road Acceptance 1103 (cross-reference Subdivision 7984), San Ramon (Dougherty Valley) area. (District IIT) DATE: October 28, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of October 14, 2003 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 BANK/SURETY June 26, 2001 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,796,300.00, Bond No. 190 723 972 issued by the above surety be RETAINED for the six month lien guarantee period until April 28, 2004, 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 the hereinafter described road, as shown and dedicated for public use on the Final Map of Subdivision 7984 filed October 28,2002,in Book 448 of Maps at Page 29, Official Records of Contra Costa County, State of California, is ACCEPTED and DECLARED to be a County road. Upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. Road Name Road-R/W Widths Len tgths(Miles) Dougherty Road 'Varies 108'-127'/Varies 142'-161' 0.8 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$35,900.00 cash deposit(Auditor's Deposit Permit No. 369922,dated June 15, 2001)made by Shapell Industries of Northern California,and the performance surety bond rider for $533,500.00, Bond No. 190 723 972 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2003/640 Executed in Triplicate 100 F'AMF ,.7URVY RA-1103(xrefrvSub 7984)Dougherty Road Increase-Doofease hider TO BE ATTACHED TO and form part of Bond Number ..-190 723,972_.._.,...-., lssued by the National Fir9 auLgn a Comfl.ggg.gj ljaafgrd as Surety,on behalf of Shapell industries of Northern California,A Division of Shapell industries, Inc. (f Milpitas,CA w. - ,hereinafter referred to as the Principal,and In favor of County of Contra Costa of. ..».Martinez,CA __....... . .._.. . .. .�,...-.. .. . ......_... . .,a. ..,..... _. . hereinafter referred to as the Obligee,oftacbve the 14th .dsy of. . ...,) e.,.. .4M IN CONSIDERATION of the premium charged for the attached bond and otter good era!valuable consideration it is understood and agreed that of active the ?3rd day of ,__ September 20033 and subject to all the terms, conditlons and limitations of the aftwhod bond,the penal sum thereof shall be and the same Is hereby decreased from the sum of Three MiHiM Five +firFifty.ix Thousand Soye12 Hul2draedand N01100*** Dollars{12&56 700.00*__w__} to the sum of Five Hundred TbIrty Three Thousand Five Hundred and NP1100 Dollars( S533,500.0 ). IT IS FURTHER UNDERSTOOD and agreed that$ bject to ail the terms,conditions and Imitations of the attached bond, the aggregate Mobility of the Surety for any loss occurring prior to said date shall not exceed the sum of Three-Million Five Hundred ifty Six ThQusandd Sev n H nd a an N-0 100 _»......-.....-...Doltars(,$3.556.700.00•** -} r or for any loss oocuffkv subsequent to said date shall not exceed the sum of Five Hundred Thirty Three Thousand Five Hundred and NO1100*** Dollars($533, 500.00***-� In no even#,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 DATER this _2ath day of _ ____-_August ,. 2003 Accepted By: Shapell Industries of Northern California, County of Cont. -osta a Division of Shapell Industries, Inc. (Principal) f3 , BY. J �LLSeal . ruebridge, Asst. Vice President C Sea Ken Cox, Assistant Secretary National Fire Insurance Company of Hartford u�I r (Seal) SUR-23169-D Pamela L. Stocks ' Attorney-in-fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r State of California SS. County of On + 0'3 before me, ll t~._ ( . -s e Do* Nemw and Tpbs of Ontur{s.t,"Jana Dae,Notary PuWlc') personally appeared , Nama(0) ft-r(s) I , rsonally known to me © proved to me on the basis of satisfactory evidence i to be the person(s) whose name(s) ire subscribed to the within instrument and acknowledged to me that Wehelthey executed JANICE t ttRt3Sir the same in hWhe#their authorized Cc nm*slon# 1318697 capacity(ies), and that by his#her/their NOW PuW-ccooWdo signature(s)on the instrument the person(s),or sayft Y the entity upon behalf of which the person(s) acted,executed the instrument. ' r TNESS my hand and official al. SW*Wre of Nftry Pubk i Though the infomeatbn bebw is not required by law,it may prove valuable to persons reov on the document and coed prevent fraudulent removal and reattachment of this fore to another document. Description of Attached Document —nZP'C:7 C) 9 4 llr-- Title or Type of Document; ' C� Se- "` < Z Document Date: Number of Pages: Signer(s)Other Than Named Above. Capacity(les)Claimed by Signer Signer's Name: 0 individual rop of th he. ,,Corporate Officer—Title(s): �- 0 Partner—a Limited ©general - - 0 Attomey-in-Pact 0 Trustee d Guardian or Conservator i 0 Other: Sigrier is Representing �0 fiat NaWr4o Notary Association-OW Dir Sob Awr.,P.O.Bou 2402 Chabwollt,CA 013132402 r ww*.rwpomk*Wry.ort Prod.No.W? Pwwftr Cap Toll-Eros 1-800.878-W7 POWER OF ATTORNEY APPOINTING INDrMUAL ATTORNEY-IN-FACT Know All Men By These Preseats,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 offdis in the City of Chicago,and6tate of lllinois,anr?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,Individually of Sherman Oafs,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 givers 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 CIA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 9th day of July,2003. Continental Casualty Company a" rational Fire Insurance Company of Hartford u °"�r ram American Casualty Company of Reading,Pennsylvania aavar. SEAL74 � c 1897Michael Gengler S Vice President State of Illinois,County of Cook,ss: On this 9th day of July,2003,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 Continual 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 instrw ne nt 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 nam thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. (7FF1CIAL StEAL ELIZA PRICE w Kar+akr nrw.�,srxrit or w axrNass:att+nea My Coannission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE 1,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 tai reverse hereof is 'll in force. In testimony whereof have hereunto subscribed my name and affixed the seal of the said corporations this day of Continental Casualty Company ty + ` National Fire Insurance Company of Hartford ort A American Casualty Company of Reading,Pennsylvania UAL � � r, rata'► Mary A. uka s Assistant Secretary Form F6853 AuthorWng By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASU YY 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 Attomey-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 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 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 17d 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 IX of the By-Laws, and the signatures 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 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 attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instrumestrs of like nature. Such attorneys-in-fact, subject to the limitations act forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of amy 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 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 arty 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 an 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 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 Cotporstion 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,undertakinp and other obligatory instruments of like nature. Such Attorney-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 Attnmey-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 17*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 maybe 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 bowing 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 On August 28,2003 before me, Sandy Hanner-Notary Public Date NAME, TITLE OF OFFICER.."JANE DOE.NOTARY PU86IC' 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 persona) whose name($Is/Amoubscribed to the within instrument and acknowledged to me that Mishetk;!egc,executed the same In hdv/herl*m19 authorized capacity0w* and that by Who~ signature(*) on the Instrument the person(79), or the entity upon behalf of which the person(so acted, executed the Instrument. sANIaY NMINER 'WITNESSj6y hand and official mal. Commission 013821ST? ' Notary Pubk o Calikrnle Lit Angelos Courdy SIGNATURE OF NOTARY wqpl I- My Comm.Exo"JW 2,2M 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 ( ) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE($) 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-e -A 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 (collectivdly the "Writing Companies") as surety or insurer: Western Surety Company, Univ-ereal 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. D169CLO 2MM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). The United States will pay ninety percent (90/0) of covered terrorism losses exceeding the applicable surety/insurer deductible. F«rn FMIO