HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-644 y Ifll 1111111 III fl II II lil 11 flf Illl 11f I flil I II III III ./
CONTRA COSTA CcRecorder Office
STEM L, WEIR CIO Recorder _
Recorded at the request of: ' DOC— 200 53rD' 91 3-00
Contra Costa County Wednesday, OCT 29, 7003 11:34:5-6
Board of Supervisors FRIE sd
Return to:
Public Warks Department Tt 1 Ad $8,60 Nbr-0001830193
Engineering Services Division 1 r C/R9 J 1_8
Records Section
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 28, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GRMMERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.2003/ 644
SUBJECT: Accepting completion of improvements and declaring Bollinger Canyon Road as a
county road,Road Acceptance 1105 (cross-reference Subdivision 7984),San Ramon
(Dougherty Valley) area. (District III)
The Public Works Director has notified this Board that the improvements for Road
Acceptance 1105,Bollinger Canyon 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.
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G:\GrpData\EngSvc1B0\20031I0-2M3\RA 1105 BO-45.doc
Originator: Public Works(ES) 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
Contact: Teri Rie(313-2363) Supervisors on the date shown.
cc: Public Works -Tax I.D.95-257-8030,Accounting
-T.Bell,Construction Div.
M
_M.Valdez,M&T Lab ATTESTED: OCTOBER 28, 2003
-H.Finch,Maintenance Div. JOHN SWEETEN,Clerk of the Board of Supervisors
-1.Bergeron,Mapping Div.
-J.Gray,Eng.Svc. and County Administrator
-T.—October 28,2004
Sheriff-Patrol Div.Commander
CHP,c/o AIA�
CSAA—Cartog By Deputy
Shapell Industries of Northern California
a Division of Shapell Industries,Inc.,a Delaware Corp.
Sam Worden and Steve Savage
I00 N.Milpitas Blvd.
Milpitas,CA 95035
National Fire Insurance Company of Hartford
21650 Oxnard St.,Suite 600
Woodland Hills,CA 91367
RESOLUTION NO,20031 644
SUBJECT: Accepting completion of improvements and declaring Bollinger Canyon Road as a
county road,Road Acceptance 1105(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 (RA 1105) National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment(labor and materials) surety for$449,900.00,
Bond No. 190 724 006 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 Bollinger Canyon Road the hereinafter described road,
and culverts, 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-RlW Widths Len hs{Miles)
Bollinger Canyon Road Varies 147'-189'/Varies 92'-230' 0.2
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$9,000.00 cash deposit(Auditor's Deposit Permit No. 369922 ,dated June 15,
200 1)made by Shapell Industries of Northem California,and the performance surety bond rider for
$133,600.00, Bond No. 190 724 006 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. 2003/644
Executed in Triplicate
SURETY RA-1105 Bollinger"t".'anyon Road
Cross Reference SUB 7984
increaser-Decreases Rider
TO BE ATTACHED To and form part of Bond Number .w.. ,.190 724 006 _. Issued by the
National Eirg Injurance Company of Hartford .... _. . ...
as Surety,on behalf of Shapeil Industries of Northern California,A Division of Shaped Industries,Inc.
Of . Milpitas,CA ----- »--�
hereinafter referred to as the Principal,and
In favor of County of Contra Costa
Of4 ... Martinez,CA .._.....�. .r..... . .. �.,�. ..w.. ...... w_.. �... . ..._. ..,.... .. .
... . - ...» . _, , . .. hereinafter referred to as the Obilgae,effective the
_......141h . ,day of.
IN CONGIDERATION of the premium charged forth*attached bond and other good and valuable consideration Ila
understood and agreed that effective the_ 23rd day of . September 2003 ,and subject to all the tens,
cotxlltlons and(Imitations of the atlyhad band,the panel sum thereof shag be and the some is hereby decreased
ft m the Sum of Eig t Hundred Ninety T,h2usand Eight Hundred and- o/l Q,0*,**
Dollars
P
to the Burn of .._Qns Huns rad ThI yea Thousand Six Hundrad and.Noll a0***
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the allached bond,
theh bWty of the Surety for arty loss occurring prier to sold data Shalt not exceed ft sum of
E undred Ninety Thousand Eight Hundred and No1100*** Dollars
of Mr any loss c»urring subWuent to saki date shall not exceed the sum of
One Hundred Thirty Tree Thousand Six Hundred and Noll 00*** -Dollars
In no event►however,shad the aggregate Ilablky of the Surely aweed the larger of the aforementioned sums, It being the
Intent he!'W to preckide cumuNdlve liability.
SICIINED,SEALED AND DATED this –2&h—day of August _ 2003
Accepted BY:
Shapeil Industries of Northern California,
County of Contra Vosta a Division of Shapell Industries, Inc.
(PrtnatpsJ)
.r)K�4 (461)
J TR BRIDGE, A 'T. VICE PRESIDENT
1A j xf
KEIT COX, ASST. SECRETARY
National Insurance Company of Hartford
. uraty)
By ''' t. {Seep
SUR-23189-D
Pamela L. Stocks Attorney-In-fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I State of California
County of
On
Det• Nama■od TSU*of OIUar(*y. Jam Doe Nei 7 A
personally appeared *C !C -t_�e \ %.L- 1S j o71M11�
Nama(*}or t*l
ersonaily known to me
0 proved to me on the basis of satisfactory
evidence
i
f to be the person(s) whose name(s) AVara
subscribed to the within instrument and
acknowledged to me that bsWwlthey executed
!INCE t ttRUSe the same In hi~helr authorized
Commission# 1318647
{fir PubNc C capacity(les), and that by bele
Wnto Gats CouNy signature(s).on the instrument the persons),or
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WVCvnwb"wAug24.=4 the entity upon behalf of which the person(s)
acted, executed the instrument.
ITNESS my hand and offs at seal. j
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` akn of Nobly pLtk
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Though the information below Is not required by law,it may prove vahrabie to persons relying on the document and could prevent
ftaudulent removal and reattachment of this form to another document
Description of Attached Document ` CAP`j .
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer
Signer's Name:
dividualTop of thur,tr hwe
Corporate Officer—Title
(s): ► ~ ' ts �
0 Partner—0 United 0 General
0 Attomey-in-Fact
O Trustee
0 Guardian or Conservator
0 Other.
Signer Is Representing; ---
a tape Naaarras Notary xuou#Uon-W0 Do Som Avo,PO.Bax 2402•Chpwortlr,CX 01313.2 •www.n&0crWnd".or9 Prod.No.NOT Haord*r:Cam Tom-Fra"t-B60 d7U 9527
POWER OF ATTORNEY APPOINTING INDWH)►UAL ATTORNEY-IN-FACT
Know All Men By These Presents,71at 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 offimesin the City of Chicago,and.State of Illinois,andthat 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 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 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 Vice President and their corporate seals to be hereto
affixed on this 9th day of July,2003.
OUR ek Continental Casualty Company
. ` National Fire Insurance Company of Hartford
o°"'°"T& American Casualty Company of Reading,Pennsylvania
SEAL an t'
1897
Michael Gengler S Vice President
State of Illinois,County of Cook,ss.
On this 9th day of July,2003,before me personally carne 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 ane such
corporate seals;that they were to affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto
pursuant to Iike authority,and acknowledges same to be the act and deed of said corporations.
OFFICIAL SEAL •
ELIZA PRICE
rw rev nNuo,erre w a toxon
Wo •o "W"
yo
My Commission Expires September 17,2006 Eliza Price Notary Public
CERTIFICATE
1,Mary A.Rabikawskis,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 farce,and further certify that the By-Law and Resolution of the Board of Directors of the corporations
printed on the reverse hereof is stili in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
28th day of Amt 2003
Continental Casualty Company
d "r National Fire Insurance Company of Hartford
oo� American Casualty Company of Reading,Pennsylvania
SEAL t.
ta97 � • r
Form F6853 Mary AAR T'LikajWs Assistant Secretary
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASIJJj,°'TY'COMPANY: 71
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 Do6iments
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 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 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 any power of attorney granted pursuant to Section 3 of Article IX 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 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-fn-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 instruments of like nature. Such attomeys-in-fact, subject to the limitations set forth in their
respective certificates of authority,shall have full power to bird the Company by their signature and execution of any such instruments and to attach the
seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at my time revoke all power and authority previously
given to any attorney4ti-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 scald of the Company may be affixed by
facsinm7e on any 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 say 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 shell,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on die 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 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,undertakings and
other obligatory instrumerits of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall
have firll power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation . The
President,an Executive Vice President,any Senior or Group Viet 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 dee authority of the following Resolution adopted by the Board of Directors of the
Company ata 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 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
po.we°r, 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 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 PUBLIC"
personalty appeared Pamela L..Stacks
NAME(S)OF SIGNER(s)
(x) personalty known to me--OR– (—) proved to me on the basis of satisfactory evidence to be
the person(g) whose name(o is/An subscribed to the within instrument and acknowledged to me that
b*she/JbW executed the same In bdr/her/tAft authorized capacity{fegl and that by tt Wher/#M
signature(s) on the instrument the person(tt), or the entity upon behalf of which the person(;} acted,
executed the instrument.
SANDYWAN W1TNE my hand and official sent.
Commission 111352157
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otalryblic-CLos etes S1(3 TORE OF NOTARY
Comm.Expires,tui 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
( )
ATTORNEY-IN-FACT NUMBER OF PAGES
{– _)
TRUSTEE(S)
(�) GUARDIANICONSERVATOR
(�) OTHER
DATE OF DOCUMENT
SIGNER 18 REPRESENTING.
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Comoanv
of Hartford SIGNER(S)OTHER THAN NAMED ABOVE
(3-107426-8
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 (collectivdly the "Writing Companies") as surety
or insurers Western Surety Company, Universal Surety of America, Surety.Banding
Company of America, Continental Casualty Company, National Fire Insurance
Company of Hartford,American Casualty Company of heading, ISA,The Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
�`�SCY OSC7R.h OF' PRF1Y1Ii3M
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
MSCLOSIM QF ERAi M11CIPATION IN Off'TERROR
LOSSES
The United States will pay ninety percent(90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Form F1310