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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-684 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution.on October 25, 2005 by the following vote:' AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None SOIUTI0N N_04t}Ill , SUBJECT: Approving the Second Extension of the Subdivision (Right of Way Landscaping) Agreement for RA 0'1-01116 (cross-referenceSubdivision 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 01-01116, 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: Scheduling verification final walk. One year maintenance period ended July 13 2005:' IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED EH-.rm I hereby certify that this is a true and correct copy of an action taken' G:\GrpDataEngSvc\BO\2005\10-25\RA 01-01116 so-1 l.aoc and entered on the minutes of the Board of Supervisors on the date' originator: Public Works(ES) shown'. Contact: Teri Ric(313-2363) cc: Public Works`_T.Boll,Constm ion ATTESTED: Wr Current planning,Cottanunity veveloptnent JOHN SWEETEN, Clerk of the Board of Supervisors and County T:.-July 17,2006 Shapell Industries Administrator 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:J.Gold , National Fire lnsutance Company ofNartford •- Deputy 2355 E:Carnelback Road,Suite 500 By Phoenix,AZ 85016 Atm:Pamela L.Stocks RESOLUTION NO.2005/ CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: RA 01-01116 (x-ref sub 7984) Developer: Shapell Industries f Northern Californi 1' G� V�.Q�Sie� Y `j l Original Agreement Date. September 17,2(102 , 2nd Extension New Termination Date: September 17,200 Improvement Security Surety: National Fire Insurance Company of Hartford Bond Number No.(Date): 929 247 995(8114102) Security Type Secnrity Amount Cash: S 1,200.00(1%cash,$1,000 Min.) Bond.'Rider: S 18,045.00 (Performance) $,60,800.00(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 hereto and acknowledge same. Dated: , Dated: Sept er b 2005 t Wi ornia, uc° , Af FOR CONTRA COSTA COUNTY Developer's Si �ture s) /f a"`v .✓`�° ' Maurice Shiu,public.Works Director still, By: Printed De ei' er`s Signatures} ' .oil, •.�,r :�� z RECOMMENDER FOR C3VAL;' By;, Printed (Engineer Servi s Division) 100 N: Milpitas Blvd. Milpitas-„CA 95035 Address National Fixe Insurance Company of;Hartford (NOTE. Developer's, Surety's and Financial Suretv or Financial Institution Institution's Signatures must be Notarized) 2355 E. Camelback Road, Suite 500 Phoenix, A2 85016 K&MArwOV v,—J.wm,o-,C--YC -T A;ddress After A P vat Return to Clerk nfthe Beard Ay in Facts Signature Pamela L Stocks, ;Attornpy-in-Fact Printed POWER OF ATTORNEY APPOINTING MIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire insurance Company of Hartford,a of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), Connecticut corporation,and American Casualty Company 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'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 Senior Vice President and their corporate seals to be hereto affixed on this 21 st day of March,2005. Continental Casualty Company ASUAtr °` National Fire Insurance Company of Hartford . ea American Casualty Company of Reading,Pennsylvania �- artt. 1097 lbichael Gengler Sen �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 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 pursuantLtOL 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 • 5LJZA i"CE ' My Commission Expires September 17,2005 Eliza 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 pri t'ALQQn the reverse hereofis still i force. In testimony llJf I have=hereunto'subscribed my name and affixed the seal of the said corporations this t n day of beT3tember o �[r wstuye Continental Casualty Company °" National Fire Insurance Company of Hartford stta American Casualty Company of Reading,Pennsylvania MATr AXY t, Ism Qr Ov SEAL te9� Mary A.R ika leis 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 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 anyatWmey-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 anany power or certificate bearing such y such power and 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 Attorney4n-Fact Section 2. Appointment of Attorney4ri-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 executionof 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 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 duty 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 tike 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 maybe 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 before me. Sandy Hanner-Notary Public Date NAME. TITLE OF OFFICEA., -JANE DOE. NOTARY PUBLIC- personally appeared Pamela L. Stocks NAME(S)OF StGNER(S) x ) Personally known to me —OR—(---) proved to me on the basis of satisfactory evidence to be the person(x)whose name(*) is/*W subscribed to the within instrument and acknowledged to me that he/she/*ft executed the'samein ift1her/1tok authorized Capacity4m), and that by'lnWherll signature(s) on the instrument the person(§), or the entity upon behalf of which the person{s} acted, executed the instrument. WITNESS Y handand offi ial seal: SANDssi HANNER emy Commission#1362Notary Public-California SIGNA RE OF NOTARY Los Angeles Cpunty Comm.Expires Ju13,2606 OPTIONAL Though the data below is not required by taw, 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 ( x ) ATTORNEY-IN-FACT NUMBER OF PAGES (_) TRUSTEE($) (�) GUARDIAN/CONSERVATOR {...._} OTHER DATE OF'DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) N6finnal Fire_inStiranr a QQmganv of Hartford SIGNER(S) OTHER THAN NAMED ABOVE a•tor�2ss j %�v " ✓..V'!�",.✓ v v �h ,i�/� i� f� v✓\/.i i✓... f�.r�✓v:i .VV✓. ✓i./. .n/�✓.^IJ%'.v✓,✓✓%1N✓t/:'�t•' \r, �j V.. .,+. /v_:. -. .. ✓u. ... ✓,._. 1.k i , ,./ a..�_♦/ I% s CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California az County of Santa Clara z t � > On September 12,2005 before mei Janice T. Kruse,Notary Public personally appeared, >S J.C.Truebrdge&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 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. Awa T.Koust 7Sig=n SS my hand and official seal. Z ComnV aion*1597424 >> Notary Public-California> Santa clara countyMyCrsrnrn, re ofhTotaryPublic > >� .F\ Optional Informations Title or Type of Document: Subdivision Agreement(Right of Way Landscape)Tract 5 7984 r ' Capacity Claimed by Signer:Assistant Vice President&Assistant Secretary of Shapell Industries,Inc.