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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-692 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 25, 2005 by the fallowing vote': AYES. Gioia,Piepho,DeSaulnier,Glover and=.Uiikema NOES: None ABSENT: None ABSTAIN: None SOLUTION NOk 2thl ` SUBJECT: Approving the Second Extension of the Subdivision (Right of Way Landscaping) Agreement for Subdivision 99-08256,San Ramon(Dougherty Valley)area.(District 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 Shapely Industries of Northern California, a Division of Shapell Industries, Inc., and the County for construction of certain improvements in Subdivision 99-08256, in the San Ramon (Daugherty Valley)area, through September 21,'2006; APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% ♦ ANTICIPATED DATE OF COMPLETION: October 2005; �► REASON FOR EXTENSION: The Subdivision(Right ofWay Landscaping)Agreement has> expired. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. BB:rni o:rorl Data\Engsvc�ao\2oos\ro-25\sn99-08256 80-1 Ldoc £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.Sell,Construction Current Planning,ConununityDevelopment ATTESTED: +'�✓�fy' 7,T—July 21,2€307 Shapell Industries orrrarther„California JOHN SWEETEN, Clerk of the Board of Supervisors and County loo N.Milpitas Blvd. Administrator Milpitas,CA 95035 Atha:J.Cold and S Savage American Casualty Company of Reading,PA 2355 E.CarneIback Road,Ste 300 Phoenix,Az$5016 By � � + Deputy Ann:Marie A.Cook RESOLUTION NO.2005/ �P�+ CONTRA COSTA COUNT SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EX'T'ENSION Development Number: Sub 99-08256 Developer: ShapV Industries of Northern al forma LA Original Agreement Date: September 21, 1999 f 2nd Extension New Termination Date: September 21,2L18TZOO 6 Improvement Security Surety: American Casualty Company ofReading,PA Bond Number No. (Date): 929 097 487 (8/31/99) Security Ty oe Security Amour Cash: S 3,100.00 (1% cash,$1,000 Min.) , Bond Rider: S<<45,645.00(Performance) 153,700.00(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 ereta and acknowledge same,' bated: ''7 Dated: Se temper 6 2005 FOR CONTRA COSTA COUNTY Developer's Signature s) 111ul -A Maurice Sltiu ublic Works Director =�? �- -- By Printed De e3 er' Stgnature(s),4 4V RECOMMENDER FOR VAL: gft. ��A � By; Printed (Engineer itt Servtces Division) 100 N. Milpitas Blvd. M .lpitas;, CA 95035 Address knerican Casualty Coapas y of Reading, PA (NOTE: Developer's, Surety's and Financial Surety or FinancialInstitution Institution Is Signatures must be Notarized.) 2355 E. Camelback Road, ' Suite 500 Pho AZ 85016 }'cRM APPROWD Vi.-3 Weimer.CiwiV(;.-.W r,M—dress A i-er A moat Rggrn to Ckr-k gLthr,Board ✓�. � `Y7JL7f Attorney in Facts Signature Pamela L. Stocks, Attorney-in-Fast Printer! POWER OF ATTORNEY APPOINTING INDI''VItJIUAL ATTORNEY4N-1FACT 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 make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Manner,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 tobindthem 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 shade 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 Mice President and their corporate seals to be. hereto affixed on this 21st day of March;2005: Continental Casualty Company National Fire Insurance Company of Hartford aaure' ' American Casualty Company of Reading,Pennsylvania Michael'Gengler Sen` �Vviice President State of Illinois,County of Cook,as: 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 insmiment;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 ��it.ttA i"CE • I�� s+o�wwwn`�0M1i�ar My Commission Expires September 17,2005 Eliza Price Notary Public CERTIFICA"T"E 1,Mary A Ribikawskis,Assistant Secretaryof 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 printecj tI 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 b h dayof �Pt ►er 2€105 Continental Casualty Company National Fire Insurance'Company of Hartford .wt +'+ tFo American Casualty Company of Reading,Pennsylvania i� SEAL j LY 31, Form F"6$53-11/2001 Mary A.- ika kis 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 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,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 VP—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, subjec# to'the limitations set forth in their respective cern 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 attorney-in-fact." This Power of Attorney is signed and sealed by facsimile tinder 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 1'7`t'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 facsimilesignature 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 Atto itey 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`i'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 Angeles On September 6,2005 before me. Sandy Hanner-Notary Public Onto RAVI. TITLE OF OFFICER.. 'JANE:OOE. NOTARY'PUBLIC- personally appearedPamela L. Stocks NAME(S)OF SIGNER(S) ( x ) personally known to me-OR - (..:._.) proved to me on the basis of satisfactory evidence to be the persons) whose'narne(&) is/Aw subscribed to the within'instrument and acknowledged to me that lxelshelthw executed the same in ft1her1lba c authorind capacity(Wa), and that by kWher/#MW signature{s) on the instrurrtant the person(f), or the entity upon behalf of which the person(&),acted,:: executed the instrument. WITNESS SANDY HANNER fand and©ill seal. Commission#1362157 / .- Notary Public-California Los Angeles County SIGNATURE OF NOTARY My Comm.Expires Jut 2,200 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 farm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE'OF DOCUMENT t. �) PARTNER(S) ( } LIMITED (.. ) GENERAL NUMBER OF PAGES (.,x—) AT7Ql�NE1ftf�t F�tC;T TAUSTEE(S) (.._..) C3UARDIANICONSER'VATO (r...) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(tES) American Casualty Company of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED'ABOVE a•scx<2s-e { S CALIFORNIA ALL(PURPOSE ACKNOWLEDGMENT �l s State of California s> County of Santa Clara z� On September 12,2405 before me,Janice T.Kruse,Notary Public personally appeared, J.C.Truebr dge& 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 S� the entity upon behalf of which the persons acted, executed the instrument. >5 Corex"on#1597d2� WITNESS my hand and official seal. �S Hok3tyPUM.COWOM10 >Ssoft CkX0 Cody Si ature of Notary Public ; } Optional Information s > Title or Type of Document: Subdivision t yp Agreement(Right of Way Landscape) 99-0$256 Capacity Claimed by Signer: Assistant Vice PresidentAssistant Secretary of Shoo Industries,Inc. S )� �r > i? f,