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HomeMy WebLinkAboutMINUTES - 01042005 - 2005 RES 24 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 4, 2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, GLOVER AND UILKEMA NOES: NONE ABSENT: SUPERVISOR DARK DESAULNIER ABSTAIN: NONE RESOLUTION NO. 2005/ 24 SUBJECT: Approve the Second Extension of the Right-of Way Landscaping Agreement for Subdivision 98-08254, San Ramon(Dougherty Valley) area. (District 111) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Right-of-Way Landscaping Agreement between Shapell Industries of Northern California and the County for construction of certain improvements in Subdivision 98-08254, in the San Ramon(Dougherty Valley) area, through August 17,2005; ♦ APPROXIMATE PERCENTAGE OF WORD.COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: September, 2004 ♦ REASON FOR EXTENSION: The Agreement expired during warranty period. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. 1 hereby certify that this is a true and correct copy of an G:\GrpData\FngSvc\BO\2005\01-04\SD 5101-04�5'J 97-08254 BO-1 i.doc 3 x" action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: T.Rie(313-2363) W. Public Works–'f.BeII,Construction ATTESTED: ,JANUARY 04, 2005 Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and T-June 17,2005 County Administrator Shapell Industries of Northern California Attn:I.Gold,S Worden 100 N.Milpitas Blvd. Milpitas,CA 95035 / American Casualty Company of Reading,PA By_�— y Deputy Attn:Pamela L.Stocks 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 91367 RESOLUTION NO.20051 24 CONTRA COSTA COUNTY RIGHT-Car-WAY LANI)SCAPE AGREEMENT EXTENSION Development Dumber: Subdivision 8254 Developer: Shaped Industries of Northern Ca. i Original Agreernent Date: August 17,1999 Second Extension New Termination Date: August 17,2005 Improvement Security Surety: American Casualty Co. of Reacting,PA Bond No.(Date): 190723728(July 27,1999) Security Type Securitv_Amount Cash: S 6,379.00(1% cash,$1,000 Min.) Bond: S 94,730.00(Performance) S 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 a Ye n acknowledge same. Bated: September tember 7,2004 Dated: Shapeli Industries of Northern California,a Division of Shapell Industries,Inc. FOR CONTRA COSTA COUNTY $yr f! Maurice M. Ilio,Public W4or Deve o 's Signature(s) By: ✓ rn} j �' !/ Ua✓ f 1 (:�7 6-- Printe ` RI COMIVMNP}ED © =RV vDeveloper's Signature(s) By: 0 e' 0 stv � 11t lv (Crngineenn es v cion) Printed 100 N.Milpitas Blvd.,Milpitas,CA 95035 Address (<'VOTr,: Developer's, Surety's and Financial American Casualty Company of Reading,PA Institution's Signatures must be 1'Votari'zed.) Surety or financial Institution Mum APMOVEM\L-J W.—Corot,Canard 5820 Canoga Avenue,Suite 200,Woodland Hills,CA 91367 /I(3cr.,lnnrnvnC Rrtrrrn to Clark of the Ben rd Addiess 'f Attorney in Tracts Signature Pamela L.Stocks Printed POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Mein By These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(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,California their true and lawful Attomey(s)4n-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 3rd day of August,2001. err Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of heading,Pennsylvania • JULY 11. SIAL 'e IJ02 Y 1897 11 Michael Gengter Group Vice President State of Illinois,County of Cook,ss: On this 3rd day of August,2001,before me personally came Michael Gengler to me known,who,being by me duty swom,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described in and which executed the above instrument;that he knows the seats 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* NrNNi•+�iii6iiii•••••'+A•i+ y ♦ OlAtSy�.�F,IMAMER • ,.,/may/,r�, ,,/y)' mom o Swoof Snow �j�iNN�Nli1►iN•i•Z My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE I,Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania 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 on the reyer e hereof is still in force. in testimony whereof I hav hereunto subscribed my name and affixed the seat of the said corporations this /tri day of September 2004 . w � Continental Casually Company Ca � National Fire Insurance Company of Hartford '3� American Casualty Company of Reading,Pennsylvania c) � SEAL � � 1. 11#97 Mary A.Rlbikawskis Assistant Secretary (Rev. 1/23/01) .............. 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 aftomeys-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 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-Lam,and the signature of the Secretary or an Assistant Secretary and the seat 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 cartified 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 Attorney4n-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 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 seat 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 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 hold 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 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 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 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,Attomeys-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 17th 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 7,2044 before me, Sandy Banner - 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 tate on the basis of satisfactory evidence to be the person(&) whose name(o is4migsubscribed to the within instrument and acknowledged to me that Mdahs-4mv executed the same in W-1ho-N&MIt authorized Apacityose� and that by NWher-A"R signature{a) on the instrument the person(g), or the entity upon behalf of which the person(a1 acted, executed the instrument. .. { WITNE S my hand and iai goal. SANDY HANNER I _ Commission#1362157 [ 4AMy Notary Public-California SIGN REOF NOTARY Los Angeles C-Ounty Comm.Expires Jul 2,2006 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 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 ( } 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 beading, Pennsylvania SIGNER(S)OTHER THAN NAMED ABOVE G-107426.6 J� �i CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT S'> State of California S> r� County of Santa Clara On September 10, 2004,before me, Janice T. Kruse,Notary Public personally appeared J.C. Truebridge and Bonnie Mice Mann,known to me to be the person whose name is >' subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument. IANiC:E T.KRUSE Commiesicsn# 131 8697 Notary Public-California >Z WITNESS my hand and official seal. >, Santa Clara County mycomm.Eq"&Aug24,2005 - a� %Signture of Notary Public Optional Information Title or Type of Document: Rkht of Way Landscape Agreement Extension, Tract 8254 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shaped Industries,Inc. 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 Banding 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. �7t7 +01r' pUIYf The premium attributable to coverage for terrorist acts certified under the:Act was Zero Dollars ($0.00). T C 'Ll U R I IN N F T RORI 1Vf 3 The United States will pay ninety percent (90°l) of covered terrorism losses exceeding the applicable suretylinsurer deductible. sot",F7310