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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-681 THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 25, 2005 by the following voted AYES: Gioia,Piepho,DeSaulnier,-Glover' and Uilkema NOES: None' ABSENT: None ABSTAIN: None Yi SOI1IlTION N4 ! SUBJECT: Approving the Second Extension of the Subdivision (Right of Way Landscaping) Agreement for PA 02-00003 (cross-reference Subdivision 95-07984), San Ramon (Dougherty Valley) area.. (District III) The Public Warks 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 PA 02-00003, in the San Ramon (Dougherty Valley) area, through September 17,2006; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% ♦ ANTICIPATED DATE OF COMPLETION: October 2006' ♦ REASON FOR EXTENSION: Scheduling verification walk and Board date to release into one year warranty period. IT BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED: BH:rm G:cGtpDaWEngSvc\So\2005\10-251PA 02-00003 130-1 l.doc I hereby certify 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 Rie',(313-2363) shown. cc: Public Works-T.Bell,Construction Curmnt Planning,Community Development ATTESTED: T—July n7,zoos Shapell Industries of Northern California JOHN SWEETEN, Clerk of the Board of Supervisors and County 100 N.Milpitas Blvd Administrator Milpitas,CA 95033 Attn:Sam Worden" National Fire Insurance Company of Hartford 2335 E.Camelback Road,Ste'500 Phoenix,AZ 85016 By„� ,Deputy Attn:Pa nela L.Stocks RESOLUTION NO.20051 g!f Z t CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: PA02-0003 (x-ref 7984) Developer: Shapell Industries oTor Bern California � Original Agreement Date September 17,2002 �1 2nd Extension New Termination Date: Sepetember 17,2006 Improvement Security Surety: National Fire Insurance Compact;,of Hartford Bond Number No. (Date):' 92:9 247 992 (8/14102) Security Type Securih,Amount Cash: S 5,500.00'(1% cash,51,000 Min.) Bond: S 542,200.00(Performance) S 273,900.00(.Labor cC 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 sante. Dated: pDated: septetnber $, 2005 vill FOR CONTRA COSTA COUNTY Develo?% ' afore sj .t•-"�' 1?,e �•�' �*-� Maurice . Sh' i, Public Works Director Ll By: Printed De el per's Signature(s) RECOMMENDED FOR AP VAL: k By: I Printed (Engin eri g Se Division) 100 N. Milpitas Blvd. Mi lri t~as, CA 95035' Address National Fire Insurance Company of Hartford (NOTE: Developer's, Surett,`s and Financial Surety or Financial Institution Justltution'v Signatures insist be Notarized.) 2355' E. Catnelback Road, Shite 500 AZ $5015 Ad{it'e8S A(rt,r Appml al Return to GLOM of the Botprtl Attorney in Facts Signature Paula L. Stocks,, �ney-in-Fast; Printed .. POWER OF ATTORNEY APPOINTING INDWMUAL ATTORNEY-IN-FACT Know All Men By These Presents,That ContineAtall Casualty Company,an Illinois corporation,National Fireinsurance Company of Hartford,a Connecticut corporation,and American Casualty Company ofReading,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 Bali,Sandra V Hamner,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 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 ofAttorney 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. a> Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of heading,Pennsylvania nuc �. > UWAL serrt ='�s t�y Michael Gengler Senyi Vice President State of Illinois,County of Cook,ss; On this 21st day of March;2005,before me personally came Michael Gengler tome 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 heading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instalment;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 hoards ofDirectors 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 SEAT. SUZA ram ,y,►/W�11i1N:,yfMTEMM,UItlIi WdOWIiM1YM�MMY1V17�i0� My Cornrnission Expires September 17,2005 Eliza Price rotary 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 heading,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 8th day of SMtember Y_ 20 Continental Casualty Company " National Fire Insurance Company of Hartford American Casualty Company of Reacting,Pennsylvania o E ` xn t, AL an Mary A.qikwakis' 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 pursuanttoand by authority of the following By-Law duly adopted bythe 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 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 I7`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 ismadeand 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 or Group Vice President may, from time to time, appoint by written certificates attomeys-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 hind the Company by their signatureand 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 171"day ofFebniary,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 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 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 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 to which it is attached,continue to be valid and binding on the Corporation." State of California County;of Los Angeles On September 8,2005 before me. Sandy Hanner-Notary Public Clete NAME, TITLE OF OFFICER. "JANE DOE. NOTARY PUBLIC- personally appeared Pamela L. Stocks NAMS(S)OF SIGNER(S) } personally known to me -OR - (_.._.) proved to me on the basis of satisfactory evidence to be the person{a} whose name(*) is/am subscribed to the within instrument and acknowledged to me that her/shet#W executed the same in*WS/her/thair authorized capacity as),and that by kWherf signature(s)on the instrument the person(f), or the entity upon behalf of which the person(e) acted', executed the instrument. .2. WiTNES y hand'and official seal. Comiasion#1362tST rr Notary Public-Califory6w SIGNA RE'OF NOTARY Los Angeies County' My Comm.Expires Jul 2,2006 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document . end could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER'' DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL (:} CORPOFtATE OFFICER TrrLE(S} TITLE OR TYPE OF DOCUMENT PARTNEFI(S) (.... ) LIMITED (. } {GENERAL: (-x-) ATTORNEY-IN-FACT NUMBER OF PAGES (.o.._) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSOWS)OR ENTITY(IES) I ation. ,l.Pira InatimnrnrMa nv of Hartford SIGNER(S) OTHER THAN NAMED ABOVE <.� ✓.u.'.,/moi,.n„1 .,N^.,,^nh. ,.n.�\i....,✓"-.,! ✓/v,i,r..,,..,i/:l ^✓✓ :%J%s✓../.... %/.. ::/v i .. J.. , /f✓`✓ .✓.J� F CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara ,> On September 12,2005 before me,Janice T. Kruse,Notary Public personally appeared, ?r J.C.Truebrdge&Ken Cox personally known to me to be the persons whose names are 1 subscribed to the within instrument and acknowledged to me that they executed the same" z >< in their authorized capacity, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. l r ITNESS my hand and official seal. commkoon#1591428 � � yh+ 2 -=4 Sign"tore of Notary Public � z Optional Information Z s' Title or Type of Document: Subdivision Agreement(Right of Way Landscape)PA 02- >1 0003 ,? z Capacity Claimed by Signer: Assistant Vice i President&Assistant Secretary of < t s Shapell Industries, Inc. >� l S