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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-646 CONTRA COSTA CO Recorder Office RecSTEPHEN L. UEIR Clerk-Recorder - -- Contra at the request of, DOC— z00�-0ri354914— Contra Costa County �JKi/ +�? Board of Supervisors We dnewdoy, OCT 29, 2003 11:34:59 Return to: FRE so.t� Public Works Department Ttl Pd $8,N Nbr®MI1$38194 Engineering Services Division Records Section Ire/RS/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 28,2003,by the following vote: AYES: SUPERVISORS GIOIA, UIMMA, GREENBERG, GLOVER AND DESAuL IER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 646 SUBJECT: Accepting completion of improvements and declaring North Wedgewood Road (formerly Acacia Road) as a county road, Road Acceptance 1116 (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 1116,North Wedgewood Road(formerly Acacia Road)(cross-reference Subidivision 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 G:\GrpDatalEngSvclBoi2003110-28.031RA 1116 BO-45.doe Originators Public Works(ES) . Contacts Teri y lark o the I hereby cern that this is a true and correct co of an 63) Recording to be completed by Clerk of the Hoard �' � copy ccs Public Warks -Tax I.D.95-257-8030,Accounting action taken and entered on the minutes of the Board of -T.Bell,Construction Div. Supervisors on the date shown. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. ATTESTED:_ OCTOBER 28, 2003 -I.Bergeron,Mapping Div. -J.bray,Eng.Svc. JOHN SWEETEN,Clerk of the Board of Supervisors -T.—October I4,2004 and County Administrator Sheriff-Patrol Div.Commander CHP,c/o Al CSAR–Cartog Shapell Industries ofNorthern California By ,Duty 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.20034 646 SUBJECT: Accepting completion of improvements and declaring forth Wedgewood Road (formerly Acacia Road) as a county road, Road Acceptance 1116 (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 September 17, 2002 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials) surety for$558,050.00, Bond No.929 247 967 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 Wedgewood Road (formerly Acacia 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-RIW Widths Lengths(Miles) North Wedgewood Road Varies 40'-70'/Varies 72'- 102' 0.3 (formerly Acacia Road) BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$11,200.00 cash deposit(Auditor's Deposit Permit 14o. 390599,dated July 30,. 2002)made by Shapell Industries ofNorthern California,and the performance surety bond rider for $165,700.00, Bond No. 929 247 967 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. 2003/646 r�► Executed in Triplicate SURMY RA-1116 Acacia FGad Cross Reference SUB 7984 Increase-Decrease Rider TO BE ATTACHED TO and form part of Bund Number ....929 247.967..—.-.... _ Issued by the Nations{Fire sur lace C.4m2any_pf Hartfofd _.. __. ._... as Surety, l 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 Mites,effective the 12th ,day of. IN CONSIDERATION of the premum charged for the attached bond and other good and valuable consideration it Is understood and agreed that effective the_?3rd day of . September , 2003 ,and subject to all the terms, cor>cMons and limitations of the attached bond,the penal sum thereof shall be and the same Is hereby decreased from the sum of One Million One Hundred Four'j sand Nine Hund[2d and Noll 00*** Performance Only Dollars to the surd of Ove.Hundred S1xtv,Five Thousand Boven k1undred and Nol10Q*** Performance Only Dollars($165,700.00** } IT IS FURTHER UNDERSTOOD and agread that subject to all the terms, conditions and limitations of the attached brand, the aggregate Itabilhy of the Surety for any lose occurring prior to sold date shoo not excew the sum of One Million One Hundred Four Thousand Nine Hundred and Noi100*** Performance Onl or for any loss ocacurri cent to sold date shall not the,sum of One Hundred Sixty Five Thousand Seven Hundred and No1100*** Performance Only Dollars{.$165.700.007__ } In no event,however,shell the aggregate liability of the Surety wiceed the larger of the aforementioned sums. It being the Intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATED this qday of August 2003, Accepted By: Shapell industries of Northern California, County of Contra Costa a Division of Shapell Industries, Inc. (Pry ) BY. � - spa J. TR BRIDGE, ASSf. VICE PRESIDENT (Seal) N C-OX., ASST. SECRETARY National Fire Insurance Company of Hartford ,- Surety} g (Seal) a- SUR-23169-D Pamela L. Stocks Attomey-In-fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County ofZY i On i ��� � before me, f--s-(\�Vz e-- + Data =-�- Nurse read TV$of Of w{a.$.,`Jam 000 N ta(Y"V) personally appeared `` �- _►',0 "-J, V—C X , No"(&)of slgrottet rsonalty known to me © proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -Ware subscribed to the within instrument and ��....e�...a�. acknowledged to me that hey executed 14MCE t'.KESE the same in )their authorized Commbslon# '3!8697 capacity(les), and that by WwAwWtheir Nokuy pwk-comomio Sarda Ckwo Coax* signature(s)on the instrument the person(s),or MVC+o+tawra•60aa Auq;4. the entity upon behalf of which the person(s) acted,executed the instrument. TNESS my hand and ofiiici l seal. Irl two of Nftry OPFION 7t mo the information wow is not requited by lew,#may prove valuable to persons retying on the document and could prevent ftudUleit renwval and reatteOrrrent of#6 form to another document Description of Attached Document CPUC , Title or Type of Document_ Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer t Signer's Name: 0 in [dual t # ('3 [ { Top°'"" "em rporate Officer—Tdie(s): `�t • 1 • ��- ] Partner--©Limited ❑General • Attorney-in-Fact C Trustee ® Guardian or Conservator Cl Other: � t Signer is Representing:--�� 01 He Na&wW Nen AaatuWm-"N Do Sft k",.po.eaz We«cha Wtoft CA 91313.24M Pmd.No.Saar Raotabt:calf ToM-i=ron 1-80"?G-W POWER OF ATTORNEY APPOINTING INDWMUAL 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 Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies'), are duly organized and existing corporations having their principal ofFim in the City of Chicago,and State of Illinois,wA&at they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Ball,Sandra V Banner,Individually of Sherman Oaks,CA,their true and lawful Attomey(*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 Attomey,pursuant to the authority hereby given is hereby ratified and confirmed. 'Phis 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. e. Continental Casualty Company National Fire Insurance Company of Hartford 00wo" „sc ► American Casualty Company of Reading,Pennsylvania JULY X SEAL Michael Gengler Senift 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 ofHartford,a Connecticut corporation,and American Casualty Con4my 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 pur sthant 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 • ELIZA PRICE *WAWPUW^4W*9WUWW wawawsaracer w�r� My Commission Expires Septensber 17,20015 Eliza Price: Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,]National Fire Insurancce Company of Hartford,a Connecticut corporation,and American Casualty Company of Reacting,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and firrtrer certify that the By-Law and Resolution of the Board of Directors of the corporations pnnterig�the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and axed the seal of the said corporations this 2day of t 2003 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania M MY 3b + t3Eu YOn Mary A.qikaekis Assistant Secretary Form F6853 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASU TY 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 instruments and to attach the seal of the Company thera to. 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 dully called and held on the 17ei day of February,1993. "Resolved,that the signature of the President or arty 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 DI 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 staled 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 Cbmirman 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 ad in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of hike nature. Such attorneys-in-fad, subject to the limitations ad 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 thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously givers 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 Baud of of the Company at a meeting duty called and held on the 176 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 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 facsintile to any certificate of any such power and arty 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 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 C.orporstion may,Brom 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,undutakings and other obligatory instruments of like nature. Such Attorney-in-Fad,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 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 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 power, and any power or certificate hewing 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. Stocks NAME(S)OF SIGNER(S) { ) personally known to me—OR--(_.,_) proved to me on the basis of satisfactory evidence to be the person(s) whose name(#ls/xtttalssubscribed to the within instrument and acknowledged to me that bWshe/ihW executed the same In hdw/her/Mlt authorized capacity(; and that by XWher1WW signature(%)on the instrument the person($),or the entity upon behalf of which the person(* acted, executed the instrument. SAWY HAANN'ER WITNE my hand and official seal. Ot;ommisam IY 1�t 57 Notary Pubk- Los Angeft Co%"Y stGNA REE OF NOTARY My Comm.Exores Jut 2.2000 OPTIONAL Though the data below Is not required by law, It may prove valuable to persons relying on the document and ooukf prevent fr auduient reattachment of Oils form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL (.....) CORPORATE OFFICER TITLE{S} TITLE OR TYPE OF DOCUMENT f} PARTNER(S) (.....j LIMITED GENERAL NUMBER OF PANES ( } ATTORNEY tN-FACT TRUSTEE(S) (.�) GUARDIAN/CONSERVATOR (.�.} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Natignal Fire # sot# s-t,surarye Comany of Hartford SIGNER(S)OTHER THAN NAMED ABOVE ca-,ax+�e-e .'1Cl' In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies an 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,Universal Surety ofAmerica, Surety Bonding Company of America, Continental Casualty Company,National Fire Insurance Company of Hartford,American Casualty Company of heading, PA,The Firemen'a 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). Y The United States will pay ninety percent(90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310