HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-719 �~ � -� IIIII��I�IIIl1111111111111111111111111111�I���I11
CONTRA COSTA Co Recorder Office
Recorded est of: STEM L. AIRClerk-Recorder .,,@0
Board of Supervisors DOC— 2003-058�"7��
Return to: Thursday, DEC 04, 2003 08:27:15
Public Works Department FRE $0.08
Engineering Services Division *y Cyd $0.0
11 Nbr-o"1886814
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 2, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 20031 719
SUBJECT: Accepting completion of public and private improvements for Subdivision 8105,San
Ramon(Dougherty Valley) area. (District III)
The Public Works Director has notified this Board that the public improvements(North Gale
Ridge Road)and private improvements(Persica Court,Briza Loop,Veronica Court,Stellaria Lane,
Imperata Lane, and Bellis Drive) in Subdivision 8105 have been completed as provided in the
Subdivision Agreement with Shapell Industries of Northern California,heretofore approved by this
Board in conjunction with the filing of the Subdivision Map.
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G:\GrpData\EngSvc\BO\2003i12-02-03\SUB 8105 BO-145.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Teri Rio(313-2363) action taken and entered on the minutes of the Board of
Recording to be completed by COB
cc: Public Works -Tax I.D,Accounting Supervisors on the date shown.
-T.Bell,Construction Div.
-M.Valdez,M&T Lab
-H.Finch,Maintenance Div. ATTESTED: DECIlCER 02, 2003
-1.Bergeron,Mapping Div. JOHN SWEETEN, Clerk of the Board of Supervisors and
-J.Gray,Engineering Services
Sheriff-Patrol Div.Commander County Administrator
CHP,c/o Al
CSAA—Cartog
Shapell Industries of Northern CA
S.Savage&S.Worden
100 N.Milpitas Blvd. By , Deputy
Milpitas,CA 95035
American Casualty Cc of Reading PA
Pamela Stocks
5820 Canoga Ave.,Suite 200
Woodland Hille,CA 41367
City of San Ramon
Chris Low
2222 Camino Ramon
San Ramon,CA 94583
RESOLUTION NO,2003/ 719
SUBJECT: Accepting completion of public and private improvements for Subdivision 8105,San
Ramon(Dougherty Valley) area. (District 111)
DATE: December 2, 2003
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of December 2,2003 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 9, 1998 American Casualty Co.of Reading PA
BE IT FURTHER RESOLVED the payment(labor and materials) surety for$544,700.00,
Bond No. 158945652 issued by the above surety be RETAINED for the six month lien guarantee
period until June 2, 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 Orale Ridge Road is ACCEPTED as
COMPLETE and is shown and dedicated for public use on the Final Map of Subdivision 8105 filed
January 11, 1999,in Book 406 of Maps at Page 24,Official Records of Contra Costa County,State
of California.
Upon acceptance by the Board of Supervisors, the City of San Ramon shall accept North
Gale Ridge Road for maintenance in accordance with the Dougherty Valley Memorandum of
Understanding.
Road Name Road-R/W Widths Lengths (Miles)
North Gale Ridge Road 39'-63' 0.31
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the$10,900.00 cash deposit(Auditor's Deposit Permit No. 313633,dated May 13,
1998)made by Shapell Industries of Northern California and the performance surety bond rider for
$161,800.00, Bond Number 158945652 issued by American Casualty Co. of Reading PA be
RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release
by this Board.
BE IT FURTHER RESOLVED that the private improvements have been COMPLETED
and the private roads(Persica Court,Briza Loop,Veronica Court,Stellaria Lane,Imperata Lane,and
Bellis Drive) are NOT ACCEPTED NOR DECLARED to be County roads, at this time.
RESOLUTION NO. 2003/719
Executed in Triplicate
l
SURA7Y Tract 8105,Bridges at We Ranch-Cedar Bridge
Increase-Decrease Rider _
TO BE ATTACHED TO and form part of Bond Number . ..1,5�945,6 2 , _.. issued by the
American Casu 3tv Company of Reading, RA _. __.._.._..... . .
as Surety,on behalf of Shapell industries of Northern California
of Mil itas CA
hwalnefter referred to as the Principal,and
In favor of County gJ Contril Cosa ...
of. .,- Martinez,CA __,...... . ..... . .. ,. .. .»......___,> .... . .._.. ..K.... .. .. ..._�.._
_.... _ ,hereinafter referred to as the Obligee,effecthre the
___27th. .day of. . ......tP!A,,..1998
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it Is
understood and agreed that effective the___.Lnd day of . Jul 2008 ,and subject to all the terms,
conditions and limitations of the attached bond,the penal sum thereof shah be and the same is hereby decreased
from the Sure of _ One Million SayAntX Fight Thousand Flys Ht nt drgd and no1,1 QQ*****ParfarmancA Onl rte_ ,.
Dollars(11XL59Q..Qto the sum of Qrie.Rundrad Sixty dna Tho sand Eight Hund[ed and no/1(l0*`**Performance Qnly
Dollars( $181.800.00***
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms,conditions and limitations of the aftached bond,
the ata liability of the Surety for any lose occurring prior to said date shall not etxc eW the sum of
One iii on Sevent Eight Thousand Five Hundred and no/100**** Performance Only
._...........__..._....Doles($1,078,500.00*** }
or fol any loss occurring sub6"uent to said date shall not exceed the sum of One Hundred Sixty One Thousand Eight
Hundred and no/100****Performance Only Dollars(.$10,890.00 **_ .).
In no event,however,she#the aggregate ilabllty of the Surety exceed the larger of the aforementioned sums, It being the
intent hereof to preclude cumulvdve liability.
SIGNED,SEALED AND DATED this 2nd day of JwIv, , 2003,
Accepted By:
County of Contra Costa Shapell Industries of Northern California
(Pei el)
t3 (Seel)
B
erican Cas ComLany of Reading,PA
(Su /)
(Semi)
SUR»23189-D amela L. Stocks, Attomey-in-tact
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 Reading,9cnnsylvania,a Pennsylvania corporation(hereinAalled"the CNA Companies"),
are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue ofthe
signatures and seals herein affixed hereby make,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Individually
of Sherman Oaks,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 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 8th day of March,2003.
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
f i1;7 � 1MfR
Michael Gengler Sen Vice President
State of Illinois,County of Cook,ss:
On this 8th day of March,2003,before me personally came Michael Gengler to me known,who,being by me duly swam,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 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.
00
OFFICIAL,aEAL
ELIZA PRICE i
�ros+urr .avraaar�u
wrooMarsawZ Sanaa
My Commission Expire&September 17,2006 liza Price Notary Public
CERTIFICATE
1,Mary A.R,ibikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hanford,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
printeWe reverse hereof i�tgyn force. In testimony w affixed f I have hereunto subscribed my name and axed the seal of the said corporations this
day of 3
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
ISI-
707
Form F6853Mary A.R " kis Assistant Secretary
Authorizing By-saws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASt?ALTY 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 attomeys-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 boring 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-Irl-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 insh unents of like nature. Such attorneys-in-fact, subjed 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 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 17a 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 shell 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 our 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 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 NO
Other obligatory instruments of like nature. $uch Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall
have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The
President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority
previously given to any Attorney-in-Fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17&day of Februnry, 1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the
Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,
1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facgimile to any certificate of any such
power, and any power or c ardflcate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so
executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to
be valid and binding on the Corporation."
State of CALIFORNIA
County of LOS ANGELES
On July 2 2� 003 before me, Sandy Banner - Notary Public
Date NAME, TITLE OF OFFICER.,'JANE DOE.NOTARY PUBLIC"
personally appeared Pamela L. Stocks
NAME{S}OF SIGNER(S)
{ } personally known to me-OR -(,._ )proved to me on the basis of satisfactory evidence to be
the person(&) whose name(*€shtssubscribed to the within Instrument and acknowledged to me that
k*she/*W executed the same In WWhert#a It authorized capac€tyOel and that by IlWher/tW
signature( }on the Instrument the person{$},or the entity upon behalf of which the person(* acted,
executed the Instrument
WITNES y hand and official seal,
,u' SANDY HANNER
E7f �
mmIS5I0n#i3fi2157
w. IL
Notary Public-California SIGNATUPIE OF NOTARY
Los Angeles County
MY Comm.Ex fires Jul 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
( } ATTORNEWN-FACT NUMBER OF PAGES
{._.)
TRUSTEE(S)
(__}
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER 19 REPRESENTING:
NAME OF PERSONS OR ENTITY(IES)
American Casualty Company
of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE
0.187421-8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I State of California
ss.
County of m, Ar
On j )�`1 I � before me, -- } l C £ -z,
Data , Name and'nfle of O"r(e.9,"Jana Don,Notary Pabtic")
personally appeared INV\ i:� iN, * l�K �lo'-e�i 1�q
N�am,
�s(.aJd sfgmria)
�p-ersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) -+a/are
A CE t.Kpuse subscribed to the within instrument and
Commission# 1318b47� acknowledged to me that fefehfeAhey executed
Notary Public•Contomid the same in J,ls/#erittheir authorized
Santa Clara County capacity(ies), and that by hi~their
- MyCom.P g4l,a AugU.�� signature(s)on the instrument the person(s),or
the entity upon behalf of which the person(s)
acted, executed the Instrument.
IASS my hand and official Pal,
lY1 s1✓rv..p J
Signature,of Notary Pubk i
OPTIONAL
Though the Information below Is not required by law,!t may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:_
Document Date: Number of Pages:—
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual V Toa Of thUft here
o;orate Officer—Title(s): `"_`s` t`l`
❑ Partner--•❑Limited ❑General
❑ Attomey-in-f=act
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Cr 1999 Nabonat Notary Association-9360 De sola Ave.,P.D.Box 2402-Chatsworth,CA 91313.2402.www.nationalnotary.org Prod.No.5007 Reorder:Call Tol-Fran t 400ws-9927