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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-648 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 11,2005 by the following vote: AYES: Gioia,P epho,DeSaulnier,Glover and Uilkeina NOES': None ABSENT: None ABSTAIN: None SUBJECT.- Approving the Second Extension of the Subdivision (Right of Way Landscaping) Agreement for RA 00-01103 (crass-reference Subdivision 95-07984), San Ramon' (Dougherty Valley)area.(District III) The Public Works Director'having recommended that he be authorized to execute the second agreement extension which extends the Subdivision (Right of Way Landscaping) Agreement between'Shapell Industries of Northern California, a'Division of Shapell Industries, Inc. and the County for construction of certain improvements in RA 00-01103 (cross-reference Subdivision 95- 07984), in the San Ramon(Dougherty Valley) area, through September 17, 2006; + APPROBATE PERCENTAGE OF WORD COMPLETE: 100% ANTICIPATED DATE OF COMPLETION: October 2005 REASON FOR EXTENSION: Work is not complete. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. s13.=nt c:\r rpDatalEngsvcNBo12t105\10-LI RA 00-011031104 Looe I herebycertify that this is a true and correct '' copy of an action taken Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contact: Teri Ric(313-2363) shown: cc: Public Works-T�Hell,Construction Current Planting,Community Development (fi T-July 17,2006 ATTESTED: shapell Industries ofNorthetu California,Inc. JOHN SWEETEN Clerk of the Board of Supervisors and Count 100 N.Milpitas Blvd Milpitas,CA 95035 Administrator Agan:sate Worden National.Fire Insurance Company of Hartford 2355 E.Camelback Road,Ste$00 Phoenix,AZ 85016 AftPamela L.stocks By r Deputy RESOLUTION NO.2005[ CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: RA 00-01103 Developer: Shapell Industries of Northern California Original agreement Date: September 17,2002 2nd.Extension New TerminationDate: September 17,2001rp Improvement Security Surety: National Fire Insurance Compa7Hartford Bond Number: No.(Date): 929247990(8/14102) Security Tyue Security amount Cash: $8,2€10.00(1% cash,$1,000 Min.) Bond'Rider: $ 121,545.00(Performance) $409,300,00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby gr ye thereto and acknowledge same. Dated: ' SDated: Sept�r 6, 2005 u- ies rt ren alifo N day �J/ ..' � FOR CONTRA COSTA COUNTY Developer's Signature(s) 4 5e-w Maurice M. Shiu,Public Works Di ct ` By: ; `.` Printed r Dev lap is Signature(s) re=ar -P RECOMMENDED FOR APPROVk. 0 �1� COX.- By: Printed (EngineeringSeric 100 N. Milpitas Blvd. Milpitas, CA 95035 Address National Fire Insurance Company of TL-rt-fr rd (NOTE. Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 2355 E. Camelback Road,' Suite 500 MQersx, AZ 85016 FORM APPROVED:Vkiort Wrsnfien,CpnaY Cu.nscl res Clerk o lite Botzril C:!- �erAtsnrav�tl=B,ea��[rn to _— Attorney in Facts Signature' Pamela L. Stacks, Atto .ey-in-Fact Printed POWER OF ATTORNEY APPOINTING INDIVMUAL 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 heading,Pennsylvania,a Pennsylvania corporation(herein called"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 of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,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 obligatoryinstruments of similar nature •In Unlimited Amounts and to bind thein 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 Senior Vice President and their corporate seals to be hereto affixed on this 21st day of March,2005. Gpus�1 Continental Casualty Company at ak National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania 5 MY 31 � SEJ11.. Y 1897 Michael Gengler S elfr Vice President' State of Illinois,County of Cook,as: On this 21st day of March,2005,before me personally came 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 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 fEiZA Pt4iC r roxrn rur�,srxn ar raa�or moor err nawr,o�nras My Commission Expires September 17,2005 Eliza Price Notary Public CERTIFICATE 1 Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corNmtion,'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 force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof have hereunto subscribed my name and affixed the seal of the said corporations this 6th day of Septe:ber , 200 c"str Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania NLY coIII SEAL 1891' Mary A.Rikafjkis ` Assistant Secretary Form'P6853-11/2001 ................- .. ......... ............. ............. ............... .......... 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 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'h 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 maybe 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 seat 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'UI--Executiou of Obligations and Appointment of Attorney-In-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 aftorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings andother obligatory instruments of like nature. Such attorneys-in-fact, subject,to the limitations sit forth in their re spective certificates of authority,shall have full power to bind the Company by their signaturel 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 17'h 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 Secti'on 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 sea)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 eiiecuted,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,Attomeys-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 Attomey-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 Attomey-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'h day of February,1993. "RESOLVED: That the signature of the President, an Executive Vice President or any,Senior or Group Vice President and the sea] 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 sea]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 September 6,2005 beforeme. Sandy Hanner-Notary Public Date iWMUE TITLE OF OFFIaEW •JANE OC}E. NOTARY PUBLIC" personally appeared' Pamela L. Stocks N&+tMEW O SIGNER(S) X) personally known to me — OR — (---) proved to on the iasis of satisfactory evidence to be the person(s)whose name(*) is/*m subscribed to the within'instrument and! acknowledged to me that he/she/tbortk executed the same in*ftfher/astir authorized capacityfleee), and that by kisdher/*** signature(s) on the instrument the person(f), or the entity upon behalf of which the person(s) acted, executed the instrument. ..,�. WITNESS y hand'and official seal. SANDYHANNER Commission#1362157 if Notary Public-CaNfomis SIGNATURE OF NOTA R-Y Los Angeles Oounty My Comm.Expires Jul 2,2t>flti 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 INDIVIOUAL CORPORATE'OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ..�. ) PARTNER(S) (._.} LIMITED ( ) GENERAL NUMBER'OF PAGES' ( .) ArrOAIVlrY-IN=FACT {�) TRUSTEE(S) {..�) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR'ENTITY(IES) ,blatinnal Fire Irtstjrance Qpm any of Hartford SIGNER(S) OTHER THAN NAMED A13OVE 43-107426-9 TICS 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 bunds 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, National hire Insurance` Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Cosapany. DIS LOSM OF � The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ( €I.00) , DISCIMSURED :RALI TI P TERRORISM LOSSES The United States will pay ninety percent (90°!) of covered terrorism losses exceeding the applicable surety/insurer deductible. Farm 8310 .;/ .✓u Jy �. v1✓.+�^*�tiu"✓.✓ti%'�v��v'i J •✓'✓,n min ,tv✓ ✓t,v'./' ✓ ✓`J FJ..i .VV ./✓�.i.✓ ✓. ✓'�i :!N� ✓*lw��`U✓.:n'✓.t'( CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California �s > County of Santa Clara On September 12,2005 before me,Janice T. Kruse,Notary Public personally appeared, zz J.C.T'ruebridge&Ken Cox personalty known to me to be the persons whose names are i 5' subscribed to the within instrument and acknowledged to me that they executed the same4 in their authorized capacity,and that by their signature on the instrument the persons, or 1, the entity upon behalf of which the persons acted executed the instrument. fs �� CEWI`ZNESS my hand and official seal. ` C ftVrftdon#1697428 >r �z Notary PLOIC-Cal r a s' Sid Clara Countya; tlNyecx►�m1t24, Sig ature of Notary Public >{ 7 t �S S� 7 Optional Information t z ys Title or Type of Document: Subdivision Agreement(Right of Way Landscape) >s RA 00-01103 ? �t Capacity Claimed by Signer: Assistant Vice President&Assistant Secretary of zShaper Industirfes Inc. 1.