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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-649 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October;11, 2005 by the following voter AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT': None ABSTAIN: None SUBJECT: Approving the Second Extension of the Subdivision(Right of Way Landscaping) Agreement for RA 00-01104 (cross-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 00-01104(cross-reference Subdivision 95- 07984,in the San Ramon(Dougherty Valley) area, through September 17 2006; APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ANTICIPATED DATE OF COMPLETION: October 2005 ♦ REASON FOR EXTENSION: The work is not completed. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED: I hereby certify that this is a'true and correct copy"of an action taken BB:rm and entered on the minutes of the Board of Supervisors on the date G:1GrpDatalEngSvc18012005110-MRA 00-01104 DO-1 l.doc shown. Originator: Public Works(ES) �/` ;y Contact: Tera Tie(313-2363) ATTESTED: t cc: Public Works=T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Community Development Administrator T—July 17,2006 Shapeli Industries 100 North Milpitas Blvd. Milpitas,CA 95035 Aon:Sam Worden and aim Gold Ey ,''Deputy National Fire Insurance Company of Ilartford 1255 E.Camelback Road,Suite 500 Phoenix,AZ 85016, Attn:Pamela L.Stocks RESOLUTION NO.2005/ CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: RA 00-01104 Developer: Shapell Industries of Northern California' Original Agreement Date: September 17,2002 2nd Extension New Termination Date September 17,200 ` Improvement Security Surety: National Fire Insurance Company of Hartford Bond Number No.(Date): 929247996(8/14/02) Security Tyne Security Amount Cash; $ 1,000.00(1%cash,$1,000 Min.) BondRider. 5 14,925.00(Performance) $50,300.00(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 agree thereto and acknowledge same. Dated: Z�Z'//ld�- Dated:„ September 6. -2005 Shwell ies N rm Ca forma, FOR CONTRA COSTA C UNT, Devela er's Maurice M. Shin,Public Works e r .1 ' -- -- By: of4 ;"eloje7sTig�ature(s) RECOMMENDED FOR L: 1 !�t'1.�m By: Printed' (En nee UnSgrlce 'sion) 100 N. Milpitas Blvd. Milpitas, CA 95035 Address National Fire :Insurance Company of Hartford (NOTE. Developer's, .Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.)' 2355 E.Camelback Road, Suite 500 ,Phoenix. AZ 85016 FORM APPRQ VW Ve 3 Won ,C—m v Cwasd... After Awroval Relurn to.Clerk of the Board A orney in Facts Signature Pamela L. Stocks, Attorne-r-in-Fact Printed POWER OF ATTORNEY APPOINTING INDIV DUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National FireInsurance 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 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 Hats,Sandra V Hanner,Gina O'Shea,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 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 nude 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. 4 c"'swtr „ Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania AIL�. Y 1!. �e3 SEAL s� Michael Gengler Seni ,jr Vice President State of Illinois,County of Cook,ss.- On s.Cin this 21 st 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 i ike authority,and acknowledges same to be the act and deed of said corporations. ---------------- bFF1CiAL SEAN • SLMA i . YOYNW'llYfii;.f�TASE 6f{l;MIIM My Commission Expires September- 17,2005 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,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 I have hereunto'subscribed my name and affixed the seal of the said corporations this 6th day of Septeyb Y , 2005 Continental Casualty Company National Fire Insurance Company of Hartford c *r . erre a American Casualty Company of Reading,Pennsylvania v SEAT. ISO Form F6853-11/2p©1 Mary A ika is Assistant Secretary ' 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 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'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 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-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior orG roup,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 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 ata=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 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 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 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 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'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 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 Angles On September 6, 2005 before me. Sandy Hanner-Notary Public Bate NAMS. TITLER Oa+Fit;EFi,. "JANE DOE. NOTARY PUBLIC. personally appeared Pamela L.Stocks NAME(s)6F SIGNEA(s) (x) personally known to me–OR – t--y proved to me on the basis of satisfactory evidence to be the person(g) whose name(o is/Am subscribed to the within instrument and acknowledged to me that Owlshe/tbfk executed the sante in#la#herflt it authorized capacity(es), and that by IeWherlMW signature(s)on the Instrument the person(§), or the entity upon behalf of whim the person(s-)'acted, executed the instrument. WITNESS hand and off seal. SANDYtfANNER ;f _ Commission#1362157 SIGNATURE OF NOTARY Notary Public-California Los Angeles County My ComrrE.Expires 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 NUMBER'OF PAGES (-,x—) ATTORNEY-IN-FACT TRUSTEE(S) {.�.) GUARDIAN/CONSERVATOR OTHER DATE OF 'DOCUMENT` SIGNER IS REPRESENTING: NAME OF PEASON(S) OR'ENTtTY(IES) atinnal Fir€ InsuranegM2anY of'Hartford SIGNER(S) OTHER THAN NAMED ABOVE 4+`r 07426.9 NQ11-CE In accordance with the Terrorism.Risk Insurance Act of 2002, we are providing this disclosure notice for hone 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 ofAmerica, Surety Bonding Company of America, Continental Casualty Company, rational Fire Insurance Company of Hartford,American Casualty Company of Leading, PA, The Fir6men's Insurance Company of Newark, NJ, and The Continental Insurance Company. ISC1r 0 URE CSP PREI TC7l The premium attributable to coverage for terrorist acts certified under the.Act was Zero Dollars ($0,00), DIECLMME OF FIDERARARTICIEATMN IN PAYMENT OF TERRORISM The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT I, State of California ; s County of Santa Clara ; On September 12, 2005 before me,Janice T.Kruse,Notary Public personally appeared, ` J.C. Truebridge&'Ken Cox personally known to me to be the persons whose names are >e subscribed to the within instrument and acknowledged to me that they executed the same in theirauthorized capacity, and that by their signature on the instrument the persons,or a, the entity upon behalf of which the persons acted, executed the instrument. 1t WITNESS my hand and official seal. f comtnirsa[on#'1597428 ftftry Public-Cwtocnio r, Sonia ckua -0^ My�i.tatpMAuG24, Sign 'lure of Notary Public Optional Information J� « "Title or Type of Document: Subdivision Agreement(Right of Way Landscape) RA 00-01104 Capacity Claimed by Signer:Assistant Vice'President&Assistant Secretary of Shavell Industries,Inc. j