Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-650 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adapted this Resolution on October 11,2005 by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None IS0UTI9N lid ! SUBJECT: Approving the Second Extension of the Subdivision(Right of Way Landscaping) Agreement for RA 01-01122 (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 01-01122(cross-reference Subdivision 95- 07984),in the San Ramon(Dougherty Valley)area,through September 17 2007; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 60% ♦ ANTICIPATED DATE OF COMPLETION: October 2006 ♦ REASON FOR. EXTENSION: Work is incomplete at the commercial area and needs Dublin San Ramon Sanitary District(DSRSD)pump. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LL:rm G:\GrpDstalEngSvc\B0\200F5\l0-1I\RA ol-01122'Bo-1 l.doc I hereby certify that this is a true and Correct copy of an action taken`' originator: Public Warks(Es) and entered on the minutes of the Board'of Supervisors on the date Contact: Teri Ric<313-2363)' shown cc: Public Works-'T.Bell,Construction !t Current Planning,Community Development T-August 17,2{k17 ATTESTEI?: Shapell Industries of Northern California JOHN' SWEETEN, Clerk of the Board of Supervisors and County 100 North Milpitas Blvd. Administrator Arm., 45035' Atte:Sam Worden,and Elm Gold National Fire Insurance Company of Hartford 2355 E.Camelback'Road,Ste 500 Phoenix,AZ 85016 By ,Deputy Atte:Pamela L.Stocks RESOLUTION NO.2005/ �G"S CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPING)AGREEMENT EX'T'ENSION Development'Number: RA-01-01122(x-ref sub 7984) Developer: Shapell Industries of Northern California Original Agreement Date: September 17,2002 2nd Extension New Termination Date: September 17,2007 Improvement Security Surety: National Fire Insurance Company ofRartford Bond Number No.(Date): 929'247 989(August 14 2002) Securih!Type Security Amount Cash: S 19,800.00(1% cash,$1,000 Min.) Banti. 51,956,600.00(Pezl'ormance) S 988,200.00(Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above elate:and Contra Costa Cesanty and said Surety hereby agree thereto and acknowledge same. Dated:_ Dated: S tember $ 2005 shaPell_ ries, Caliton-Lia FOR CONTRA COSTA COUNTY Develofo.s Signatt�re(s) Maurice M.Shiu,Public W •ks D' cto 07 ? vt""l lL rl-7 �%' By- Printed/j, De loper's Signature(s) RECOMMENDED FOR APP IASL` � l A�? y; 16Printed, (EngineeriAg er 'ices r ) 100 N. Milpitas Blvd. Milpitas, CA 95035 Address National Fire Insurance Company of Bar f= (NOTE. developer's, Surelpls and Financial Surety or Fiwancial Institution Institution I's Signatures insist be Notarized.) 2355'E. Camelback Road, Suite '500 Phoenix, A2 85016 SOY1}S AI'1'MdtL'Fi1'axre7 S1'cmesxan l';...+tnarv+c! After rSnrrmat ReNrrrrt 1r+C,trrk gf##re Be Attorneys in Facts Signattne Pamela L. Stocks, Aft rney—in-liact Printed'' 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,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 snake,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina©'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 al lthe 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. Continental Casualty Company ��tW National Fire Insurance Company of Hartford c "Oa**e .w�" ro American Casualty Company of Reading,Pennsylvania Mr at. o SEAT. t8g7 NA�` • Michael Csengler Ss ' r Vice President State of Illinois,County of Cook,ss: On 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 like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL 8tJ7Jl PItlCE • war k' ��wa My Commission Expires September 17,2005 EIiza Price Notary,Public CERTIFICATE I,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 printeg 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 th day of September 2005 4r Continental Casualty Company .� National Fire Insurance Company of Hartford crnnte �,r+em 1'4 American Casualty Company of Reading,Pennsylvania Ov 'SEAL_. r � .i. 1902 1847 Mary A. ika kis Assistant Secretary Form F6853-11/2001 ................................................. .......... .................. .......................... ...... ............-............--- ..................................................... ........................ ................................. .................... 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 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 sea]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 sea]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 sea] 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-fict. 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 attorrieys-in-fhct, subject to the limitations set forth in their respective cerii ficates 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 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 or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsii -nile 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 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 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 sea)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 ata 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 seat 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 towhich it is attached,continue to be valid and binding on the Corporation." ... ............ ....... ....... ......... ................. P....... State of California County of Los An efes ;Can September 8,2005 before me. Sandy Hanner-Notary Public Oate DAME. TITLE OF OFFICER.. "JANE 006. MOTAMY'PUBLIC' personally appeared Pamela L. Stocks NAME(S)OF SIGNERS) {x} personally known to me-OR-(.__.)proved to me on the basis of satistactofY evidence to be the person(s) whose name(*) is/eW subscribed to the within instrument and acknowledged to me that "jsh*/%W executed this same in Whertllzalir authorized.capacity(We), and that by kWherltt signature(s) on the Instrument the person(f), or the entity upon behalf of which the person(o acted, executed the instrument. s��N8R WITNl SS hand and o aJ wall. Commission*1362157 [ ti Notary Public-CaWomia Los Angeles County r 9101-4-AIURE'OF NOTARY My Comm.Expfes Jul 2,2006 OPTIONAL Though the data below is not regWred by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this town. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHES} DOCUMENT { INDIVIDUAL. CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) (._.} LIMITED (.._ ) GENERAL NUMBER OF PAGES ATTORNEY iN-FACT'. {..._.� TRUSTEE(S) {�} GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMSNT SIGNER IS REPRESENTING: NAME OF PERSL NIS) OR ENTITY(IES) Nationef Fire? Inatir nre Comoanv of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107424-8 '�^1v\/v'..n,; /.'„'✓.`'Nn..�;-NV.�W✓ lNai�NVV^. /VrVv✓✓ '/^. ✓ ✓-/ tJ' N'V.r.T./`//.."V ✓,n.,'>\ .iV./fVJ'J✓vV l//N/v✓} (`'n.NN✓. .i4iV\«`v�Nv'v./, W\/v/✓I✓.�:'✓.tvVV.r`v".i'v'/.✓,✓/+�✓',lvVnl%.!✓* J..,.i✓f ✓✓1.:.'1, ✓.�.I .�✓^n..r.//.n✓//v\/.nl✓VWW�TI'^✓W.N'.^JV.^' !< S� s� S� }S S4 �? CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT �z State of California County of Santa Clam. 5�1'' On September 14,2005 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 ; 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 the entity upon behalf of which the persons acted, executed the instrument. z }S �r WITNESS my hand and official seal. commission+ 1597426 �S t**Cty Pub#e-C01#0940 e ��ofN Sons cora county Sign toreary Public Sr > �t E )F Optional Information Title or Type of Document: Landscaping Agreement Extension RA-01-01 122, Tr. 7984 X >' Capacity Claimed by Signer:Assistant Vice President.&Assistant Secretary of Shaneil Industries.Inc. Cx J.' iS )t 5 S r � . i n i _ ^//moi r ".%'.... _ r flY., l! f✓,. % ,. N0110E In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for.bands 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 (ccllectivdly the "Writing Companies") as surety or insurer;Western Surety Company Universal Surety of America, Surety Bonding Company of America, ContinentalCasualtyCompany, National Fire Insurance Company of Hartford,American Casualty Company of Reacting, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. 1218CLQS-URE QF PREMMM The,premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOEMI3FRAL FAKIMEMON IN FAVdM OF TERRQRISM The United Stags will pay ninety':percent (90%) of covered terrorism losses`exceeding the applicable surety/insurer deductible.' Farm R3i0