HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-643 Illi III III 111 II II II III II III Iiii III I IN 111111111
CONTRA COSTA Co Recorder Office +
PSTN ., WEIR C1erRecorder
Recorded at the request of- DOC— 2003-8535912-60
Contra Costa County
Board of Supervisors Wednesday, OCT 29, 2003 11:34:33
Return to: FRE $0.00
Public Works Departmenty �{�
Engineering Services Division T L �d �` IWr � c/R 9/18
Records Section 1 r s
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 28, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAUIMER .
NOES: NONE
ABSENT: NONE
ABSTAIN: DONE
RESOLUTION NO.2003/ 643
SUBJECT: Accepting completion of improvements and declaring North Gale Ridge Road as a
county road,Road Acceptance 1104(crass-reference Subdivision'7984),San Ramon
(Dougherty Valley) area. (District M)
The Public Works Director has notified this Board that the improvements in Road
Acceptance 1104,North Gale Ridge 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:mt.sr
G:1GrpDatalEngSvc\B(712003110-28-031RA 1104 BO-45.doc
Originator: Public Works(ES)
Contact: Teri Rie(313-2363)
Recording to be completed by Clerk of the Board
CC., Public Works -Tax I.D.55-257-8030,Accounting
-T.Bell,Construction Div.
-M.Valdez,M&T Lab
-H.Finch,Maintenance Div. I hereby certify that this is a true and correct copy of an
-1.Bergeron,Mapping Div. action taken and entered on the minutes of the Board of
-T.-October 7,2004 Supervisors on the date shown.
Shoriff Patrol Div.Commander
u�der
CHP, – Al OCTOBER 28
(SAA Cartog ATTESTED: , 2003
Shapell Industries of Northern California JOHN SWEETEN,Clerk of the Board of Supervisors and
a Division of Shapell Industries,Inc.,a Delaware Corp. Administrator
Sam Worden and Steve Savage
100 N.Milpitas Blvd.
Milpitas,CA 95035
National Fire Insurance Company of Hartford "'! Deputy
21650 Oxnard St.,Suite 600 By•—�–-a ---d a De u
Woodland Hills,CA 91367
RESOLUTION NO.2003/ 643
SUBJECT: Accepting completion of improvements and declaring North Cale Ridge Road as a
county road,Road Acceptance 1104(cross-reference Subdivision 7984),San Ramon
(Dougherty Valley)area. (District III)
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$244,400.00,
Bond No. 190 723 986 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 North Gale Ridge 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-RJW Widths Lengthsffliles)
North Gale Ridge Road Varies 40'-79'/Varies 73'-111' 0.1
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the$4,900.00 cash deposit(Auditor's Deposit Permit No. 369922,dated June 15,
200 1)made by Shapell Industries of Northern California,and the performance surety bond rider for
$72,600.00, Bond No. 190 723 986 issued by National Fire Insurance Company of Hartford be
RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release
by this Board.
RESOLUTION NO. 2003/643
Executed in Triplicate
SURA ' -1104 North Ga�eRidge Road
Cross Reference SUB 7984
Increase-Decrease aider
TO BE ATTACHED TO and form pari of Bond Number ._.. ,,190 723 a986� issued by the
_Nations€j»ir,2 insurance Comoanv.Qf Ha=rg
as Surety.on behalf of Shapell Industries of Northern California,A Division of Shapell industries,Inc.
of Milpitas, CA
hereinafter referred to as the Principal,and
in favor of County of Contra Costa ...
Of. ,...Martinez,CA �_....... ,_.._.. . ., .. ....._,,...___.. _... . ., .... ... ...
�., . . .. .. _.. ,hereinafter referred to as the Obllges,effective the
.day of. _ ...,,lwae.,,-.240
IN CONSIDERATION of the premium charged for the attached bond and other good and valusbis consideration it Is
understood and agreed that effective the--LM_—day of . September 2003 and subject to all the tenons,
cordon and limitations of the afteched bond,the penal sum thereof shall be and the same Is hereby decreased
from the sum of Four Hundred EightThree Thousand El ht Hundred and No/100*** Performance Only
Dollars{ 483 800,
to the slim of .$,ey@lily Two Thausard Six Hundred and bjUj10j *} * Pgr oM}ance Only
_._Dollen{ $72.600.00** ).
IT I8 FURTHER UNDERSTOOD and agreed that subject to IN the tears, conditions and Imitations of the attached bond,
the aggregats of the Surety for any loss occurring prior to said data shat not exceed the sum of
Four HUndMd Eighty Three Thousal3d Elght Hundred al3d NWQQ**.
... . ... ._ �. .. ........�Doilairs{S 83—86M00**
99c� # " r� � sum
9"Two Thousand x n re an 10"Pes om�ance1Qniy 0 Dollars( $72,600.00*�
In no event,however,Md the aggregate ilablMty of the Surety exceed the larger of the aforementioned sums, it being the
Intent hereof to pree ude cumulot! +e liability.
SINNED,SEALED AND DATED this 281h day of August 2003
By:
• Shapell Industries of Northern Callfornia,
County of Costa a Division of Shapell Industries, Inc.
* (Pdn*w)
�t•s- -
.T. TR EBRYDGE, ST. VICE PRESIDENT
sea
—.AV
KEN COX,, ASST. SECRETARY
National t=ire Insurance Company of Hartford
(Surety)
BY: c (Seal)
SUR-231 69-D Pamela L.Stoc s Attorney-In-fact
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara.
On September 3,2003,before me,Janice T. Kruse,Notary Public personally appeared
J.C.Traebridge and Ken Cox,personally known to me to be the persons whose names
are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacity, and that by their signature on the instrument the
persons,or the entity upon behalf of which the persons acted,executed the instrument,
AWE t KRUSE
Nok"Pat�lic-Coworrnio 1"CHESS my hand and official seal.
Soria Ckno Couniv — U
+r I\
Si attire of Notary Public
Optional Info
Title or Type ofDocumento 1 C D-0—c—, K k e ' 9 g
t�-
Tract. Lot
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries,Inc.
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 Rcading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"),
are duly organized and existing corporations having their principal offifllasan the City of Chicago,and„State of Illinois,andAhat they do by virtue of the
signatures and seals herein affixed hereby matte,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Harmer,Individually
of Sherman Oaks,CA,their true and lawful Attorney(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 conformed.
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 Vice President and their corporate seals to be hereto
affixed on this 9th day of July,2003.
a Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
SEAL
M?
'ek ,
Michael Gengler S Vice President
State of Illinois,County of Cook,ss:
On this 9th day of July,2003,before none personally cam Michael Oengler to m 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 Corr any,an Illinois corporation,National Fire
Insurance Company of Harfford,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 sone to be the act and deed of said corporations.
OFFICIAL SEAL i
ELIZA PRICE
r►cw+usa rue�.ar�ra ow assns
wnorras+o�roarss�swrrws
MY Commission Expires September 17,2006 Eliza Price Notary Public
CERTIFICATE
1,Mary A.Rrbi awskis,Assistant Secretary of Continental Casualty Company,aro Illinois corporation,National hire 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 ofthe Board of Directors of the corporations
printedr�cverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
h day of_ August 2003
Oel
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
SEAL
1897 '
Form F6853 Mary A. ika s Assistant Secretary
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASU 'jY 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 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 instrumerrot and to attach the
seal of the Company thereto. 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-fad."
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 Ila`day of February,1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the may
facsimile on any power of attorney granted pursuant to Section 3 of Article rX of the signature Companybe affixed by
Secretary and the:seal of the By-Laws, and the goatiire of the S or an Assistant
Company may be affixed by facsimile to arty certificate of any such power and any power or certificate baring 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
ENNSYLVANIA: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 Chsimm of the Board of Directors,the President or any Executive, Senior or Croup Vice
President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of die Company in the execution of policies of
insurance,bonds, undertakings and other obligatory imtumnerm of like nature. Such attorneys-int-fact, subject to the limitations set forth in their
respective certificates of authority,shall have flail power to bind the CbmPany by their signature sad execution of any such Watrunignis 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-fad."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution
Company at a meeting duly called and held on the 17+day of February,1993.
mop by the of Directors of the
that the sipaatu ee of the President or any Executive,Senior or Group Vice President and the seal of the
facsimile on any power of attorney granted t to Section 2 of Article VI of the may be affixed by
pursuant By-Laws,�d the of the or ear Assistant
Secretary and the send of the Company may be affixed by facsinzile to any cartificate of any such power and any power or cearti8cate bearing such
facsimile signature and sal shall be valid and binding on the C.ompaay. Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any bond or undertalting 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 pwmumt 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,undertaidAgs and
other obligatory instruments of luxe nature. Soh Attomey-in-Fact,subject to the hinitatioas set forth in their respective certificates of authority,shall
have full power to bind the Corporation by thiir signature and execution of any such instrument and to attach the seal of the Corporation thereto. The
an Executive Vies 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 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 176 day of February,I993.
"RESOLVED: That the signature of the Presiderit, 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 bund or undertaking to which it is attached,continue to
be valid and binding on the Corporation.,"
State of CALIFORNIA
County of LOS ANGELES
Can August 28,2003 before me, Sandy Hanner-Notary Public
Onto NAME.TITLE OF OFFICER.,*JANE DOE.NOTARY PUBLIC.
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(5)
OS-) personally known to me-OR- (—)proved to me on the basis of satisfactory evidence to be
the persons) whose name(o$Is/Amoubscribed to the within instrument and acknowledged to me that
Wshe/MW executed the same In hWher/fslit authorized capaclty( , and that by Wher/if i
signature(s)on the instrument the person($), or the entity upon behalf of which the person(3} acted,
executed the Instrument.
=DY BANNER WITNESS y hand and official seal.
Commission#1362167
Notary Public-C i.
My Comm.E*4ros M 2,2406 Los MOO"County SIGNA RE OF 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
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
}
PARTNER(S) LIMITED
GENERAL
(
ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
OTHER
MATE OF DOCUMENT
SIGNER IS REPRESENTIN&
NAME OF PERSON(S)OR ENTITY(IES)
National Fire Insurance Comt3a0v
of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
C3-roa.sei.e '
NNOTICE
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
meriting 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,Universal Surety ofAmerica, Surety Bonding
Company of America, Continental Casualty Company,National Fire Insurance
Company of Hartford,American Casualty Company of heading, ISA, The Firdmen's
Insurance Company of Newark,NJ,and The Continental Insurance Company.
The premium attributable to coverage for terrorist acts certified under the Act was
Zero.Dollars ($0.00).
MSQLQS-M QE ME M21CIEATWN
IN EAJMM OF MR(MIM
t
The United States will pay ninety percent(80%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Form FM Ib