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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-707 THE BOARD OF SUPERVISORSOF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 1,2005 by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES. None ABSENT: None ABSTAIN: None SOLUTION N4.2t}O5l SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for Right of Way Landscaping for DA 02-00016(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 Drainage Improvement Agreement between Shaped Industries of Northern California and the County for construction of certain improvements in DA 02- 00016,in the San Ramon (Dougherty Valley) area, through April 1, 2006; APPROXIMATE PERCENTAGE OF WORK COMPLETE: 80% ♦ ANTICIPATED DATE OF COMPLETION: February 7, 2007 ♦ 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. TR= I hereby certify that this is a true and correct copy of an action taken 0:1GrpData\EngSvclIIO\2005\1 1-011DA 02-00016 B0-1 l.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) Shown. Contact: Teri Rie(313-2363) cc: Public worksin T.sell;Construction ATTESTED:. /V 100-- i E Y / t 0do as­ TCurrent Planning,Community Development T-February 7,2005 JOHN SWEETEN, Clerk of the Board of Supervisors and County Shapell Industries ofNorthem California Administrator N.Milpitas Blvd. Milpitas,CA 95035 Attn-.Jim Gold and Steve Savage National Fire Insurance Company of Hartford 2355 E.Camelbaek Rd.,Ste 500By Deputy Phoenix,AZ 85016 - Attn:Pamela L.Stocks RESOLUTION NO.2005! ;9'99? CONTRA COSTA COUNTY Subdivision (Right-of-Way Landscape) AGREEMENT EXTENSION Development Number: DA 02-00016(x-ref sub 7984) Developer: Shapell Industries of Northern California Original Agreement Date: April 01,2003 2nd Extension New Termination Date: April 01 % 20 Improvement Security Su reih,: National Fire Insurance Company of Hartford .Bond Number No.(Date): 92.9 248 000 (8/23/02) Securh Type Security Amount Cash: S 3,300.00(1% cash,51,000 Min.) Bond: S 329,700.00 (Performance) S 166,500.00 (Labor& Material) The Developer and the surety desire this Agn-eeinent to be extended through the above date;and Contra Costa County and said surety hereby agree qieretq and cknowledge same. Dated: - _y___ Dated: August 29. 2005 &V d�, a� Shapell `lnctiistries Na them California FOR CONTRA COSTA COUNT eloper's S 7ature{s) Maurice M Shiu, Public rks 're r By: Printed —Developer's Signature(s) RECOMMENDED FOR APPROVAL I By: Printed (Engineerinrvic n 'ott) 100 N. Milpitas Blvd. Milpitas, CA 95035 Address National fire Insurance Como= of Hart-f=d (NOTE, Developer's, Suretpls mid Financial Surety or Financial institution Institution's Signatures must be Notarized.) 2355 E. Camelback Road, Suite 500 AZ 85016 tvzs.�s4envru 'i:ena ttrnKun t<rrr•crrcmic: rAddress rftt?rAyprvWRe mtroClicknft/tel3narit A orney hi Facts Signattire Pamela L.. Stocks Printed POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All MenByThese 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 seats 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 Attorneys)-in»Fact with full power and authority hereby conferred to sign,seat 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. �A"s a+suR� & Continental Casualty Company National Fire Insurance Company of Hartford ' 000owle, 4wc pwr American Casualty Company of Reading,Pennsylvania • My 31. SEAL � �, 4897 11A Michael Gengler Sen' r trice 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 corporationsand that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL • 8t RA PItlCE • I� wawwsmKc.near asatnr riroorrwiwtroMwlaawnaios 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 printr„ghe reverse hereof is still force. In testimony wA of l have hereunto subscribed my name and affixed the seal of the said corporations this L th day of A GASGgtT °A Continental Casualty Company . National Fire Insurance Company of Hartford 00" PArf .+ �r American Casualty Company of Reading,Pennsylvania 7YLY 31, V SES. Y wr tl907 4897 11�• Mary A.Rikaiekis 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 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 17th 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 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 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 171h 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 scaled 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`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 August 29,2005 Sandy Hanner-Notary Public On August me, , Oat* NAME.TITLE OF OFFICER;.'JANE'006. NOTARY PUBLIC- personally appeared Pamela L.Stocks NAMES)-OF SIGNER(S) { x ) personally known to me-OR-(--) proved to me on the basis of satisfactory evidence to be the person(g)whose name(*) istxrrn subscribed to the within instrument and acknowledged to that ka/she/% t executed the same inft/her/Mak authorized capacityfles?, and that by k herl#wk signature(s)on the Instrument the person(+J),or the entity upon behalf of which the person(s) acted, executed the instrument. +�+� + WITNESS my hand and "al seal. r7li��M SAND*HANNI:R Commission*1362757 € � it Notary Pubfic-California x + Los Angeles County # SttiNATURE OF NOTARY My comm.Expires Jut 2,2006: OPTIONAL Though the data below is not required by law, It may prove valuables to persons relying on the document and couldprevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (-- 1 INDIVIDUAL ( ) CORPORATE OFFICER TITLE(S) 'TITLE OR TYPE OF DOCUMENT (._...j PARTNER(S) (�j LIMITED () GENERAL (Zc) ArrORNEY(N-FACT NUMBER OF PAGES ( } TRUSTEE($) (.r) GUARDIAN/CONSERVATOR {--) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) National Fire lne Iran .e .o any of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 0.107426.8 I y s CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT r' State of California County of Santa Clara S On August 31, 2005 before me, Janice T. Kruse,Notary Public personally appeared, s 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 =` s 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 ii '? JANCE T OWWITNESS my hand and official seal. s HOC" -camp kvft ckxo cam, 14P.MvC*MM.=A424. Si tore of Notary Public 4z } �r Optional Information Title or Type of Document: Landscaping Agreement Extension-RA02-00016, Tr. 7984 Capacity Claimed by Signer: Assistant Vice President&Assistant Secretary of Shavell Industries.:Inc. y`.