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HomeMy WebLinkAboutRESOLUTIONS - 10172006 - 2006-663 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 17, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ �o SUBJECT: Approving the Third Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 02-08631, for project being developed by Shapell Industries of Northern California,a Division of Shapell Industries,a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the third agreement extension which extends the Subdivision Agreement (Right-of-Way Landscaping) between Shapell Industries of Northern California, a Division of Shapell Industries, a Delaware Corp. and the County for construction of certain improvements in Subdivision 02-08631,in the San Ramon (Dougherty Valley) area, through April 15, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% ♦ ANTICIPATED DATE OF COMPLETION: November 2006 ♦ REASON FOR EXTENSION: Warranty period punch list items IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LB:vz I hereby certify that this is a'true and correct copy of an action taken G:\EngSvc\BO\2006\10-17\SD02-9631 BO-1 Ldoc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: T.Ric(313-2363) /�/y/'1/y,/��-J/�' Bond No/Date:190775330(December 19,2002) ATTESTED: "�%o"�e-ar-- cc: Public Works—Construction JOHN CULLEN, Clerk of the Board of Supervisors and County Current Planning,Community Development T—February 15,2008 Administrator Shapell Industries of Northern California 100 N.Milpitas Blvd. Milpitas,CA 95035 Alm:Sam Worden By , Deputy National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,CA 85016 Attn:Pamela L.Stocks RESOLUTION NO.2006/ G Duplicate of Original Executed July 20, 2006 CONTRA COSTA COUNTY SUBDIVISION AGREEMENT (RIGHT-O&WAY LANDSCAPING) EXTENSION Development Number: SD 02-08631 Developer: Shapell Industries of Northern California, a Division of Shapell Industries,a Delaware Corp. Original Agreement Date: April 15,2003 Third Extension New Termination Date: April 15,2008 Improvement Security Surety: National Fire Insurance Company of Hartford Bond No. (Date): 190 775 330 (December 19,2002) Security Type Security Amount. Cash: $6,400.00 (1% cash, $1,000 Min.) Bond Rider: $95,220.00 (Performance) $320,600.00 (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 a d acknowledge same. Dated: Dated: September 19, 2006 FOR CONTRA COSTA COUNTY Develd 1gah r (s) Maurice M. Shin, ublic Works rector t YL,/ Printed R De el ers ignature(s) RECOMMENDED FOR APPROVAL: �P LAyC Printed Ke,r. tort Ass yC_+r4r By: � (Engine ri rvices Division) 100 N. Milpitas Blvd., Milpitas, CA 95035 Address National Fire Insurance Company of Hartford (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) Momey ack Road Suite 500 Phoenix AZ 85016 FORM APPROVED:Victor 1.Wu1n cowsC wsd Ammer Anprova!Return to Clerk o�the Board. s Signature PamelaL. Stocks, Attorney-in-Fact Printed CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On 9/21/06, before me, Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument,the persons or the entity upon behalf of which the persons acted, executed the instrument. JIWICE L VCRUSE Commission#1597428 WITNESS my hand an official seal. Notary PutAlc•California f Santa Clara County ff1 MyComm.UNWAug 24,20091? J� Sig � ture of Notary Public Optional Information Title or Type of Document: Subdivision Agreement SD 02-08631 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shanell Industries,Inc. State of California County of Los Angeles On September 19, 2006 before me. Sandy Hanner- Notary Public Date NAME. TITLE OF OFFICER.. 'JANE DOE. NOTARY PUBLIC' personally appeared Pamela 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 person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/she/he/she/thft executed the same in tWalher/ft eir authorized capacity0es), and that by kisdher/tk*# signatures) on the instrument the person(5), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES my hand and off, ' seal. SANDY iR S comr>,�IOl+aia�aaoz 33 g CCS 5 SIGNATURE OF NOTARY ��V Comm.t:i -+iA3.kdl 8,8010 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the documen 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 NUMBER OF PAGES (1t ) ATTORNEY-IN-FACT (_) TRUSTEE(S) (_) GUARDIAN/CONSERVATOR (_) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE a-107426.6 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois 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 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 15th day of August,2006. GASL6q�T - tNSfIRq 0°6a Continental Casualty Company National Fire Insurance Company of Hartford Z conPOMTe ng�ucoaraaarra American Casualty Company of Reading,Pennsylvania i- • '0 L Z a IDLY 71, . GJ SEAL � 1, � t 1907 1691 HARD • Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 15th day of August,2006,before me personally came Thomas P.Stillman 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,an Illinois 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. -OFFICIAL SEAL' ; i MARIA M.MEtMNA j • Con mission ETM•f INmlr • / / `P��'.`r MYy Cammiak••ion E.p7/18/08: Y'j't` My Commission Expires March 15,2009 Maria M.Medina Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois 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 printed y 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 1 day of September 2006 . GAS %%SWIq w Continental Casualty Company e National Fire Insurance Company of Hartford cOAPO1uTa � �Mcmrea+ar�c American Casualty Company of Reading,Pennsylvania y s JULY 71, y# Gu SEAL < °l,� � �� I. �^T /� 7691 11AR� �i (,C.. Mary A.qikajokis 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 Attomey-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 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"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 anytime 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 17ih 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 By-Law duly adopted by the Board of Directors of the Company. "Article VTI—Execution of Documents Section 3. Appointment of Attomey-in-Fact. The Chairman of the Board of Directors,the President of any Executive or Senior 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 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 Chairman of the Board of Directors, the President or any Executive, Senior 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 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."