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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-647 IIIIIIIIIIIIIIIIIIIIIIIIIIIINII{INIIIIIIII{{III ��,, CONTRR C05TA Co Recorder office ST�P L, IIR Clerk-315- � Recorded at the request of: DV S" 200A 5 Contra Costa County 4CT 1, 2003 11:3S:01 - Board of Supervisors t �siliy Return to: FRE Tt l Pd �$ Nbr-0001830i9� Public Works Department Engineering Services Division 1 r C/RS/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, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 647 SUBJECT: Accepting completion of improvements and declaring Monarch Road as a county road, Road Acceptance 1117 (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 1117, Monarch 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 G:\GrpData\EngSvc\BO\2003\10-28-03\RA 1117 BO.45.doc Originator: Public works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Ric(313-2363) Recording to be completed by Clerk of the Board action taken and entered on the minutes ofthe Board of cc: 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, 2003 -H.Finch,Maintenance Div. -I.Bergeron,Mapping Div. JOHN SWEETEN,Clerk of the Board of -J.Gray,Eng.Svc. Supervisors and County Administrator -T.—October 14,2004 Sheriff-Patrol Div.Commander CHP,c/o Al CSAR—Cartog By 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/ 647 SUBJECT: Accepting completion of improvements and declaring Monarch Road as a county road, Road Acceptance 1117 (cross-reference Subdivision7984), San Ramon (Dougherty Valley) area. (:District III) DATE: October 28, 2043 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$854,450.00, Bond No.929 247 968 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 Monarch 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 Lengjhs Miles) Monarch Road Varies 40'-79'/Varies 72'- 111' 0.5 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$17,100.00 cash deposit(Auditor's Deposit Permit No. 390599,dated July 30, 2002)made by Shapell Industries of Northern California,and the performance/maintenance surety bond rider for$253,800.00,Bond No. 929 247 968 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. 20031647 Executed in THplicete SURA RA-1117 Monerch Mad Cross Reference SUB 7964 Increase-Marsase Rfdsr TO BE ATTACHED TO and form part of Bond Number ,...929 247.9.68..-......_» issued by the Y National Fir.2 InsuranceComoanv of Hartford 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 Obligee,effe oWee the 12th .day of. IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration It Is understood and agreed that effective the ?3rd day of . September 2003 1 and suit to all the terms, conditions and limitations of the attached bond,the pend sum thereof shall be and the same is hereby decreased from the sum of -Orme Million Six Hundred Nin&One Thousand Elght H sndi& and Nfll10Q***Performance Only-_ .---- Dollars(US19 ., P.QQ!L_), to the sum of Two Hundred Fifty Three Thousand Eight Hundred and No/100*** Performance Only Dollars( $253,800.00** IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and Hrnitagorw of the attached bond, the ate N*Wty of the Surety for any loss prior to said a shop not eacceed the turn of One �ilion Six Hundred Ninety One Thousand Eight Hundred and Noll 00*** Performance Only _,.~v_ . _..Do ($1 691.800,00** or for any kwe occurring subseuquant to said daft shell rat exceed the;gum of ) Two Hundred Fifty Three Thousand Eight Hundred and No/100*** P„grfoa lance Only Doliar$ In no event however,shag the aggregate gabMily of the Surety mweed ttro larger of the aforementioned sums, h being the Intent hereof to preclude cumulettya Ilabigty. SIGNED,SEALED AND DATED this --281h—day of August - 2003 Accepted By: Shapell Industries of Northern California, County of Contra Costa a Division of Shapell Industries, Inc. (Pdnclw) B . 7C// 1sea J.C. TRUE$ DCE, ASST. VICE PRESIDENT .CJea KEN COX, ASST. SECRETARY National fire Insurance Company of Hartford BY. (Seel) SUR-23169-D Pamela L.Stocks Attorney-In-fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ( State of California i County of . C. et�,, c On t :3 ___ before me, Oa No"se d 7%*of OAker(e.g,'Jane()a, personally appeared `C•.- �� }1 6 e..,. .c,,L,. �=, cam'rte,` C h X Nam*(*)of Signar(s) ' ersona##y known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),€s+are subscribed to the within instrument and acknowledged to me that whey executed E T. (OUSE the same in blelhoMheir authorized COmm"m# 1318497 r capacity(ies), and that by b&4w/their •ai Nok3ty Public-CoWornio : signatures)on the Instrument the person(s),or ( smb Ctora,�Coutpy the entity upon behalf of which the person(s) "C"OMMBWMNAAu 2,ak acted, executed the instrument. #TNESS my hand and official seal. ( 5Sgnahsry ct Notaryr RdrAc OPTIONAL ThoWh the informadorr below is riot r"utred by taw,N Rlay prove valuable to persons redy V on the dacurn9vrt and could prevent haudurent removal and reattachment of this form to another document Description of Attached Document C) to N�c� Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ,,L;I�►dividUal ii""� Top of tttimt,Hero ,xisCorporate{officer�-•Title(s)•.Z1�~.���"S w Sia 1 S r 0 Partner—0 Limited ©General 0 Attorney4n-Pact O Trustee Q Guardian or Conservator © Other: t (: Signer Is Representin 0 4999 N&borwd Notary Asoodadon•9M C•Solo Avc,RO.Sox 2402•Chabrooft,CA 91313.2402•Www.n**"1notary.wg Prod No.6907 HaorUs..CeA UI.Frw 1•500.B'Ma 7 POWER OF ATTORNEY APPOINTING INI PADUAL 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 of os:in the City of Chicago,anotate of Illinois,anglAhat 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 Attorneys}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 ants 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. Continental Casualty Company National Fire Insure=Company of Hartford ,ws ria American Casualty Company of Reading,Petunsylvania luta 1. tasr 4` �~ Michael712� S Vice President State of Illinois,County of Cook,ss: On this 9th day of July,2003,before me personally canna Michael Cengler 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 RAmdmg,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 same to be the act and deed of said corporations. OFFICIAL SEAL • EUZA PRICE �Mmy KW.A mare Cr V."" Wr WONOWM avre t NM My Commission 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,Pennsylvan*a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and f idler certify that the By-Low and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 28th day of A m st Continental Casualty Company tti National Fire Insurance Company of Hartford dolwm 'ir . ' + American Casualty Company of Reading,Pennsylvania xa t. too' �' s , Mazy A. 11ca Assistant Secretary Foran F6853 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY 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 tim-, 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 insbmnents 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 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 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 Dhwtm of the Company. "Article VI—Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attotaey-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, vAject 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 bwmanents and to attach the seal of the Company thereto. The President or any Executive;Senior or Group Vice President may at atiy 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 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 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 " 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 Vire 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 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 Corpomstion by their suture and execution of any such instrument and to attach the seal of the Comporatioa 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-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 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 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" personally appeared Pamela L..Stacks NAME(S)OF SIGNER(S) (x) personally known to me -OR--(.,_..._) proved to me on the basis of satisfactory evidence to be the persons) whose name(*Is/Amoubscribed to the within instrument and acknowledged to me that MdshellbW executed the same in ttWherlttretc authorized capacltyl , and that by NWherlf signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(30 acted, executed the instrument. SANDY HANNER WITNES my hand and official seal. comm"lon*1362157 Public N Los Anyebs County SIGISIRWRE OF NOTARY My Comm.Expires Jut 2,2W5 OPTIONAL Though the data below Is not required by law, It may prove valuable to pence 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 NUMBER OF PAGES OL) ATTORNEY-IN-FACT ( ..._) TRUSTEE(S) { ) GUARDIAN/CONSERVATOR (.�) OTHER DATE OF DOCUMENT SIGNER 13 REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurarre Compgn of Hartford SIGNER(S)OTHER THAN NAMED ABOVE G-io74me N!QT—IQE 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 (collectively the "Writing Companies") as surety or insurer: Western Surety Company,Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, rational Fire Insurance Company of Hartford,American Casualty Company of heading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. SURE OF. R It M The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.04). DLq=E= OF]MD MAI r-OF MRRORISM The United States will pay ninety percent (90°x6)of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310