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Home My WebLink AboutMINUTES - 10282003 - C16 TIE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 28,2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 649 SUBJECT: Approve the Second Extension of the Subdivision Agreement for Subdivision 8133 (Right of Way Landscape), 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 Agreement between Shapell Industries of Northern California, a Division of Shapell Industries and the County for construction of certain improvements in Subdivision 8133,in the San Ramon(Dougherty Valley)area,through September 21, 2004; ♦ ANTICIPATED DATE OF COMPLETION: April 2005 ♦ REASON FOR EXTENSION: Cannot complete until house construction is finished IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. JG:rrn:sr I hereby certify that this is a true and correct copy of an action G:\GrpData\EngSvc\BO\2003\10-28-03\SUB 8133L BO-1 i.doc taken and entered on the minutes of the Board of Supervisors on Originator: Public Works(ES) Contact: T.Ric(313-2363) the date shown. cc: Public Works—T.Bell,Construction Current Planning,Community Development OCTOBER 28 2003 J.Gray,Eng.Svc. ATTESTED: T-Augsut 28,2003(J.Gray) JOHN SWEETEN, Clerk of the Board of Supervisors and Shapell Industries of Northern CA County Administrator Atm:S.Savage&S.Worden 100 N.Milpiias Blvd. P.O.Box 361169 Milpitas,CA 95035 American Casualty Co.of Reading PA By z494 im, Deputy 5820 Canoga Ave.,Suite 200 Woodland]-Tills,CA 91367 RESOLUTION NO.2003/ 649 CONTRA COSTA COUNTY RIGHT OF WAY LANDSCAPE AGREEMENT EXTENSION Development Number: Sub 8133 Developer: Shapell Industries of Northern CA Original Agreement Date: September 21, 1999 2nd Extension New Termination Date: September 21,2004 Improvement Security Surety: American Casulty Co.of Heading PA Bond Number No.(Date): 929097482 (August 31,1999) Security Tyne Security Amount Cash: $600.00(1% cash,$1,000 Min.) Bond: $61,300.00(Performance) $31,000.00(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: Dated: August 21, 2003 Sha e l Ind tries of�North�gern California, a ies, Inc. FOR CONTRA COSTA COUNTY �, ,' c Maurice M.Shiu,Public Works D' ect ; Devel per's Si ature(s) .6)e 6C,> V t c- r P12.E'i De to-T Printed 100 N: Milpitas Blvd. etas, CA 95035 RECOMMENDED FOR AL: Address By: Arrrican Casualty Company of Reading, PA (Engine ' S ees ivision) Surety or Financial Institution 5824 Canoga. Ave. , Suite 200 Woodland Hills, CA 91367 Ades (NOTE. Developer's, Surety's and Financial Institution's Signatures must be Notarized.) Attorney in Facts Signature Pamela L. Stocks Printed .After Annroval Return to Clerk of the board POWER OF AT— RINEY APPOINTING INDIVIDUAL ATTR ?V'ET1'-IN-FACT 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 heading,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,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-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 Vice President and their corporate seals to be hereto affixed on this 9th day of July,2003. Continental Casualty Company fi National Fire Insurance Company of Hartford acmra ra .40r+sW a American Casualty Company of Reading,Pennsylvania AXY 11. SFAE. #897 NA Michael Gengler Se Vice President State of Illinois,County of Cook,ss: On this 9th day of July,2003,before me personally came Michael Gengler to me known,who,being by me duly swom,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. OFFICIAL SEAL ELIZA PF ttoriwr vueUC,iTATE A7E OOF IUJNDIt Mr COMMlffisM 004M;*M700 My Commission Expires September 17,2005 Eliza Price Notary Public CERTIFICATE 1,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 heading,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 printV�st a reverse hereof is stili in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this day of August 2003 Continental Casualty Company National Fire Insurance Company of Hartford c "O' TF �O� oarawAmerican Casualty Company of Reading,Pennsylvania SEAL iuI ren,,� � #897 NANt1 Mary A.-Rtbikai6lds Assistant Secretary Form F6853 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 171`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 17a`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 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 Febntary,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." CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT IN_X2NM5 15 State of California v ss. County of }\ On ��# J . ��'-� Y _ before me, � � _� �`:�-•-�• ' safe Flame and Tillie of Officer(e.g.,"Jane Cos,Not, _srPubli x $ personally appeared Nams(s)of Signar(s) is ,'r'��personally known to me ; ❑ proved to me on the basis of satisfactory evidence ' to be the personfaf whose nameW"is/efaW- r. JANIM 4 XM subscribed to the within instrument and ` Cot mkgsk)n# 1318697 acknowledged to me that he/sheMiey executed +a` N°kmy Pubilc-Carta the same in his/4&4� authorized coutdV N� capacity0es} and that by his/heff4� signaturaKon the instrument the persoRK, or : the entity upon behalf of which the person( 3! r; acted, executed the instrument. t, W ESS my hand and official al. Signature of Notary Plublic y �3� } 7 OPTIONAL` �z z' Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent x fraudulent removal and reattachment of this form to another document. s tt£ Description of Attached document r� Title or Type of Document:L.—i !Q'� � �- �� .0- �`�, � . Document Date: Number of Pages: Signer(s)Other Than Named Above: /yl Capacity(les) Claimed by Signer Signer's Name: Top of thumb here i Elndividual L { , Corporate Officer—Title(s): ' ❑ Partner—❑Limited ❑General ❑ Attomey-in-Fact ' ❑ Trustee ❑ Guardian or Conservator ❑ Other: h Signer Is Representing [ . s,•C —. ��TL•• `��4�oG" h"�. ,�:�G�.�.�+'t7'3 .:'�"v _:. _ `'=�'•z"�u �'�4�' e't-",tom^=.Sx,=."�1�";' 'S'�� 0 1999 National Notary Association•935013e Soto Ave.,P.O.Box 2402 Chatsworth,CA 91313.2402•www.natlonatnotary.org Prod.No.5907 Asordar:Call Toll-Free 1.800-87&6827 State of CALIFORNIA County of LOS ANGLES On August 21, 2003 before me, Sandy Manner - 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{g) whose name(*is/Aramubscribed to the within instrument and acknowledged to me that bWshe/itW executed the same in hdw/her/ftt authorized capacityoea, and that by i't�tJherl signature(*) on the instrument the person(g), or the entity upon behalf of which the person{30 acted, executed the instrument. S D6Y HANNER WITNESS y hand and official seal. _ Commission 01362157 .-,�•-�'— »,s; Notary Putc-Cskftarnia Los Ange"County $IC#NATt1 E OF NOTARY My Comm.Expires Jul 2,2t'!06 OP'T'IONAL Though the data below Is not required by law, it may prove valuable to persons reiying 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 {i) GENERAL !NUMBER OF PAGES{X) ATTORNEY-IN-FACT {..._) TRUSTEE(S) {�_) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Casualty Company of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE d•107426.8 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DI C`LC3SURE OF PREMIUM . The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FztERAI, P Y N INP N F TERR RIS- LC�S�"E The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. CONTRA COSTA COUNTY REQUEST FOR RIGHT OF WAY LANDSCAPE AGREEMENT EXTENSION I Development Number: Sub 8133 If you were unable to complete your agreed to improvements within the one-year period originally granted by the Board of Supervisors in The Agreement,the County may grant you a one-year extension upon your written request.Please realize that you must complete your improvements in an expeditious manner,as unlimited extensions will not be granted. Please provide the reason why you need additional time to complete your improvements: Please provide your anticipated date of completion: Please provide your construction schedule: CA Please provide us with your Federal Tax ID lYVumber: (it is mandatory that we have this number per Federal Tar Law for bonds and deposits that we refund.) Please identify any parcel numbers and owners of lots within the development: Use additional pages,ifnecessa I Assessor's Parcel Owner's Property Owner's Phone Number Name Address Address Number EI f