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Home My WebLink AboutMINUTES - 12052006 - C.10 NO TO: BOARD OF SUPERVISORS _� sE c THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 5, 2006 by the following vote: AYES: Uilkema;Piepho,Glover and Gioia NOES: None VACANT: DISTRICT IV UPERVISORDESAULNIER ABSTAIN: None RESOLUTION NO. 2006/ tea. SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for Drainage Acceptance 04-00043 (cross-reference Subdivision 99-08306),forproject being developed by Shapell Industries of Northern California, a Division of Shapell Industries,Inc.,a Delaware Corp., 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 Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp. and the County for construction of certain improvements in Drainage Acceptance 04-00043, in the San Ramon (Dougherty Valley) area, through November 30, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% ♦ ANTICIPATED DATE OF COMPLETION: December 2007 o REASON FOR EXTENSION: Final walkdown and warranty period IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LB:w I hereby certify that this is a true and correct copy of an action taken G:IEngSvc1B012006112-051Bo-1I DA 04-0043.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: T.Rie(313-2363) Braid No/Date:929299760(September 2,2004) ATTESTED: O"e,�T-pv mdorl oNr- °jdw cc: PublicWorks—Construction JOHN CULLEN, Clerk of the Board of Supervisors and County Current Planning,Community Development T—September 5,2006 Administrator Shapell Industries of Northern California 100 North Milpitas Blvd. Milpitas,CA 95035 Atm:Sam Warden By , Deputy National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 - Phoenix,AZ 85016 Arm:Gina O'Shea RESOLUTION NO.2006/ CONTRA COSTA COUNTY DRAINAGE IMPROVMENT AGREEMENT EXTENSION Development Number: DA 04-00043 (cross-reference SD 99-08306) Developer: Shapell Industries of Northern California, a Division of Shapell Industries, Inc.,a Delaware Corp. Original Agreement Date: November 30,2004 Second Extension New Termination Date: November 30,2008 Improvement Security Surety: National Fire Insurance Company of Hartford Bond No. (Date): 929299760 (September 2, 2004) Security Tvoe Security Amount Cash: $ 5,800.00 (1% cash, $1,000 Min.) Bond: $571,300.00 (Performance) $288,550.00 (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: 1 I / ir11�_ ate Oc r , 2006 l f FOR CONTRA COSTA COUNTY o er' Signatur (s Maurice M. Shit,Public Wo cs D' t i By: � �,A Printed s ` Devel s Signatures) RECOMMENDED FOR APP. OVAL: ` Printed A-SGf Secty By: (Engincenii rvX s Di ision) 100 N. Milpitas Blvd., Milpitas CA 95035 Address National Fire Insurance Company of Hartford Surety or Financial Institution (NOTE: Developer's, Sarcty's and Financial Institution's S'igntatares must he Notarized.) 2355 E. /=Camelbac�kk Road Suite 500,-Phoenix, AZ 85016 Addr S –f—� fOkA�APPkOYEO:victor J.Wumwu,Coun,YCpunsci Attoi ey in Facts Signature d(JeJ';Innrornl Renn•n to ClerlJ of the Rnnrd Gina O'Shea, Attorney-in-Fact _ Printed CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California i County of Santa Clara On November 6,2006, 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. JANICE L KRUSE WITNESS my hand and official seal. Comm iss @MyNotary ion# 1597428 C �Public-Calfiomia /Santa ClaraCountycomm.EomAW24 21709 Signat e ofNotaryPublic t < Optional Information Title or Type of Document: Drainage Improvement Agreement Extension DA0400043 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries, Inc. 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 Harmer,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. ex's u�cr� WSUqqContinental Casualty Company P tia National Fire Insurance Company of Hartford zt oo'POR"*e 0s�Ncp+arro American Casualty Company of Reading,Pennsylvania � . v O s JULY 11. U SEAL e e 1902 1887 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 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,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' MARIA M.MEOIMA ; • Maw wait.suu of IINn•1• `) ✓ J"�''— � MY Comrtriuion EiPF•.7/1610Y 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 printeop t e reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this �lt�tt day of October 2006 cAsutcr iMSItR Continental Casualty Company National Fire Insurance Company of Hartford F cORPOru>� S� Y °�0A4Ttn American Casualty Company of Reading,Pennsylvania a JYLY tI, �u SEAL � °}, p� � 1902 1897 � NARh� • � � ` Mary A.qikajokis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On October 16, 2006 before me, Sandy Hanner-Notary Public Dare NAME. TITLE OF OFFICER., 'JANE DOE. NOTARY PUBLIC' personally appeared Gina O'Shea 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( is/am subscribed to the within instrument and acknowledged to me that ke/she/" executed the same infts/her/Idsi*authorized capacity(W), and that by WS/her/thwr signature(Is) on the instrument the person(g), or the entity upon behalf of which the person(%) acted, executed the instrument. WITNESSy hand and oNi seal. SANDY HANKER Commbslon 0 1672602 1tY Public -Ccoorttla IGNATU E OF NOTARY LW Nvew Cow* _ Y Comm.Eula Jut 2, 2010 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 ( x ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) (—) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Natinnal Fire Insurance Comp;;ny of Hartford SIGNER(S) OTHER THAN NAMED ABOVE p•ro7a28.8