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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-690 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 SOLUT-004-291.151 i� l SUBJECT: Approving the Third Extension of the Subdivision'(Right of Way Landscaping) .Agreement for Subdivision98-08254,San.Ramon(Dougherty Valley)area.(District' The Public Works Director having'recommended that he be authorized to execute the third agreement extension which extends the Subdivision:(Right of Way Landscaping) Agreement between Shapely Industries of Northern California, a Division of Shapell>Industries, Inc. and the County for construction of certain improvements in Subdivision"98-08254, in the San Ramon (Dougherty Valley) area, through August 17,2006; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ♦ ANTICIPATED DATE OF.COMPLETION: October 2005 ♦ REASON FOR EXTENSION: The Right of Way Landscaping Agreement has expired. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. BB:mf G:,GrpData\EngsvelBot2005\10-251SD 98-08254 BO-1l.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 Ric(313-2363) shown.' cc: Public Works—:T.Bell,Construction ,/ CurrentPlanning,Community4? ADevelopment ATTESTED:_ C.,3e, T—Jane 17,te shapeu Industries JOHN SWEETEN, Clerk of the Board of Supervisors and County 100 N.Milpitas Blvd Administrator Milpitas,'rCA 95035 Ann:J.Gold and S.'Worden American Casualty Company of Reading PA 2355 EW.Camelback Rd.,Ste 500 Phoenix,AZ 86016" By ,Deputy Atm:Pamela L.Stocks RESOLUTION NO.2005/ CONTRA»COSTA COUNTY SUBDIVISION (RIGHT-OF-WA's' LANDSCAPE) AGREEMENT EXTENSION Development Number: Subdivision 98-08254 Developer. Sha ell Indgstries of Northern Californiaj Original Agreement Date. August 17, 1999 Third Extension New Termination Date: August 17,20v(o Improvement Security Surety American Casualty Company of Reading,PA Bond Number No (Date)- 190'723728(July 27,1999) Security Tyne Security Amount Cash. S 6,379.00(1°lo'.cash,$1,000 Min.) Bond Rider. S`94,730.00(Performance) 5 315,750.00(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: Ant-411) Dated: September 6, 2005 Shaellxies c� rt California, ZrAFOR CONTRA COSTA COUNTYevelo is Signatures) Maurice Slai ublic Works Director ' ' By. Printed De elo is gnature(s)A !'t. RECOMMENDED FOR APP 'SAL: &A ox 1 By: A Printed (Engineeri ry es vision) 100 N. Alpitas Blvd. Ylilpitas, CA 95035 Address An erican Casualty Can y of Reading, PA (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized,) ' 2355 E. Carnelback Road, 'Suite 500' Phoenix AZ 85016 rORM-.A1'PI20VQ>-V.*,,I Wna.,,an.is c<u t feS A ftr Annravd Return tg Claim of the Boarrt Attorney in Facts Signature Pamela L. Stocks, Attorney-in-Fact' Printed POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT` Know All Men By These Presents,That ContinentalCasualty 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 Stats of Illinois,and that they do by virtue o€the signatures and seals herein affixed hereby make,constitute and appoint Pamela L`Stacks 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 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-Lain 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 2lst day of March,2005, Continental Casualty Company National Fire insurance Company of Hartford ` "" rwC ►tWr '' American Casualty Company of Reading,Pennsylvania t �i SEAL JWX it. t897 Michael Gengler Sen' r Vice President State of Illinois,County of Cook,ss: 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. tlFF1CIAL SEAL it3ZA tWt� • ' � �TpwtWiM,ry,srwnpaiMlOMt M1 CVIY�F1�t01E V�1�IcMH1XM1 My Commission Expires September 17,2005 Eliza Price Notary Public CERTIFICATE 1,Mary A.Rihikawskis,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 forte,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 September , 2005 GAS 4 WSItr Continental Casualty Company National Fire insurance Company of Hartford W4 American Casualty Company of Reading,Pennsylvania ao 1SEAL . 'f897, 191 • Mary A.4ikalokis Assistant Secretary Form F6853-1'1/2001 Authorizing By-Daws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTALCASUALTY 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 anytime,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 hearing such facsimile signature and seat 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 V>--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 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 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,1,993. "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 beating 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." k.3..:ix:..:NF.e3a€:xIN:`.:€F. se'., .. EI'k3i :; i pqe:.1?fEN:: ... ....... 33 - MG:'^ 3G :::flliF '33HA S H.E:,F: N3i$S jiiht.:j cif NM3.`•" _ 71'f' 3 NM G3!E! Nip (IiE:x >i 3NM t e�. State of California County of Los Angeles On September 6,2005 before me. Sandy Hanner-Notary Public Oats NAME. TITLe OF oi= -/V 'tF/\//NV� . 'V✓.!' v^ fh IV V':�/ tiM/' � V A J`✓i✓ './\/V`✓..✓V'V�✓./✓/'w�I✓J.N/-✓ ✓.i'.. J' �S v.' %"✓v'� .ti-^/✓V..'✓f�. .. /✓.N-v"vim ;T✓. /%✓ i/v✓^ /,'v'�'V'✓'ivVV./.✓i'./V`/UW'✓.''�'.^✓J^f�//'n_✓ +r:%v�Z S `t j l ` J <JY) >< CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT ?� State of California County of Santa Clara On September 12,2005 before me,Janice T Kruse,Notary Public personally appeared, t >s J.C.Truebridge& Keri 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. A A5 WITNESS my hand and official seal. �< CW MMSIon#�1897428, , fiiOWY PMC CCHROmia Sanaa Ckxa Cir v I _ 1iMLamm;!=u224, f> Si tore of Notary Public Optional Information l Title or Type of Document: Subdivision Agreement(Right of Way Landscape)98-08254 >y Capacity Claimed by Signer: Assistant Vice'President&y Assistant Secretary of Shanell'Industries,Inc.