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HomeMy WebLinkAboutMINUTES - 02282006 - C.11 C ��� TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: February 28, 2006 SUBJECT: Approving the Second Extension of the Road Improvement Agreement for SD 91-07575 (Norris Canyon Trail Crossing), San Ramon area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOiMMENDATION(S): ADOPT Resolution No. 2006/ 1pO 9 for SD 91-07575 (Norris Canyon Trail Crossing), approving the Second Extension of the Road Improvement Agreement for proj ect being developed by Toll Brothers,Inc.,San Ramon area. (District 111) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer has not completed the improvements along Norris Canyon Estates Trail Crossing and the Road Improvement Agreement must be renewed. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement guaranteeing completion of the improvements will not be renewed. Continued on Attachment: SIGNATURE: �F2ECOA'll1'IENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE --jkPPROVE OTHER SIGNATURES ACTION OF BOV ON Y APPROVED AS RECOMMENDED OTHER voT6F SUPERVISORS I hereby certify that this is a true and correct IV/ UNANIMOUS(ABSENT ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LB:nn pp G:\GrpData\EngSvc\BO\2006\02-28\SD 91-07575 130-11.doc ATTESTED;PWroGX- Originator: Public Works(ES) JOHN SWEETEN, Cly of the Board of Contra: S.Gospodchikov(313-2316) Supervisors and County Administrator cc: Public Works—G.Paduvcris,Construction Current Planning,Conmiunity Development T—May 17,2006 'Coll Brothers,Inc. 3179 Ashbourne Circle By , Deputy San Ramon,CA 94583 Attn:Steve Stone The Continental Insurance Company P.O.Box 8286 Philadelphia,PA 19101 Attn:Daniel P.Dunigan THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 28, 2006 by the following vote: AYES: SUPERVISORS PIEPHO, DeSALJI-NIER, GLOVER, GIOIA NONE: NONE ABSEN"f: SUPERVISOR UILKEMA ABSTAIN: NONE RESOLUTION NO. 2006/ 9� SUBJECT: Approving the Second Extension of the Road Improvement Agreement for SD 91- 07575 (Norris Canyon Trail Crossing), San Ramon area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Road Improvement Agreement between Toll Brothers,Inc. and the County.for construction of certain improvements for Norris Canyon Trail Crossing, SD 91- 07575 in the San Ramon area, through July 17, 2006; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0% ♦ ANTICIPATED DATE OF COMPLETION: 2006 ♦ REASON FOR EXTENSION: The East Bay Parks District has not determined a final crossing location for the trail so the beacon cannot be installed. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LB:mi G:\GrpData\EtrgSvc\BO\2006\02 28\SD 91-07575 BO-1 l.doc I hereby certify that this is a tele and correct copy of an action taken Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contact: S.Gospodchikov(313-2316) shown. cc: Public Works-G.Paduveris,Construction L T �, Current Planning,Community Development ATTESTED: (� �♦ T May 17,2006 Toll Brothers,Inc. JOHN SWEETEN, Clerk o the Board of Supervisors and County 3179 Ashbourne Circle Administrator San Ramon,CA 94583 Attn:Steve Stone The Continental Insurance Company P.O.Box 8286 Philadelphia,PA 19101 By ,Deputy Attn:Daniel P.Dun gan RESOLUTION NO.2006/ Oo CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: SD 91-07575 Developer: Toll Brothers,Inc. Original Agreement Date: July 17,2001 Second Extension New Termination Date: July 17, 2006 Improvement Security Surety: The Continental Insurance Company Bond No. (Date): 929208207 (July 9, 2001) Securitv Type Securitv Amount Bond: $45,000.00 (Performance) $ 22,500.00 (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: D ted: �P/isl 6,!N FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice,M. Shiu, Public Works Director [jL,I(1 A6ti. � - V ikt92f'Za�v By: /4�, A�� Printed Developer's Signature(s) RECOMMENDED FOR APPROVAL: By: _ Printed (Engin m> rvices Division) Address THE CONTINENTAL INSURANCE COMPANY (1\10TE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) P 0 BOX 8286, PHILADELPHIA, PA 19101 FORM APPROV@:Victor J.N'csmun.Courcy CoanseI Address After Approval Return to Clerk of the Board Attorney in Facts Signature / DANIEL P. DUNIGAN Printed CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CCA�l n j�Cl<— OPTIONAL SECTION County of Con te W�'`A � CAPACITY CLAIMED 13Y SIGNER On _15 C�bel-ore me, �CLca- ,L kz" � "cArxc Pulbl Though statute does not require the Votary to fill DATE DAME,1'I'I'LE OF OFFICE E.G.,"JANE DOE,NOTARY PUBLIC"' in the data below,doing so may prove invaluable to personally appeared t Inn Lr�f t S mpersons relying on the docuent. Vim-' 1�L�� r V t NAME(S)OF SIGNER(S) � ❑ INDIVIDUAL J2""Personally known to me-OR-❑❑ provided to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) be the personwhose name)is/are-subscribed TITLE(S) SARAH RUST to the within strument and acknowledged to _ Commission#1425041 me that he/shw 4,y executed the same in Ll 11PARTNER(S) ❑ ❑ LIMITED his/herllingil authorized capacity4"),and that by 1) ❑ GENERAL Omy Notary Public-CaNfomia his/hcA44eir signalut— jon the instrument the 11ATTORNEY-IN-FACT Contra Costa County personvor the entity upon behalf of which the 13TRUSTEE(S) Comm.Explmiun16,2007 person(,v acted,executed instrument. fl ❑ GUARDIAN/CONSI'RVATOR V(,/T�11�SS�my/hand nd of ficial s al, —' ❑ Olt IER: ( O_A,&.- __ _` SIGNER IS REPRESENTING: \ SIGN'A'I'URI:OI NOTAR' I NAME OF PERSON(S)OR ENTITY(IES)1 -'� acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL,SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGI IT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying un the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following inforniation is provided in an effort to expedite processing of the doctmients. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. 1V. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board (b)The President (c)Any Vice-President GROUP 2. (a)The Secretary (b)An Assistant Secretary (c)The Chief Financial Officer (d)The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of die Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." 'AUG, 25. 2005 2: 32PM TOLL JROI ,LRS TINC, NO. 11JS56 P, ASSISTANT SECRETARY'S CERTIFICATE I, Kenneth J. Greenspan, Assistant Secretary of Toll CA GP Corp., a California corporation (the "Corporation', do hereby cel tify and confirm that: 1. .The Corporation is the general.partner ("General Partner) of Toll CA VIII, L.P., a California limited partnership (the "Partnership"), and as General Partner is authorized to make decisions and act on behalf of the Partnership; and 2. The following officer is duly appointed to. the office next to his name and he is hereby authorized, empowered and directed to execute and deliver, on behalf of the Corporation in its capacity as General Partner of the Partnership, any agreement, application, bond or any other document with respect to the applications for any a-ad all permits, zoning, subdivision approvals and construction matters, upon such terms and conditions.as he deems appropriate and in the best interest of the Corporation and the Partnership: William A.Morrison,Jr. 'Vice President 3. This certificate remains in effect until a Notice or Certificate of Revocation is issued. IN WITNESS WHEREOF, I have hereunto set.my hand arid affixed the seal of the Corporation this 25`h day of August, 2005. Kenneth J. Greenspan Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of PENNSYLVANIA County of _CIi_F.STER ARLENE OSTROFF On JUNE 16, 2005 before me, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER.E.G..'JANE DOE,NOTARY PUBLIC' personally appeared DANIEL P. DUNIGAN NAME(S)OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personkc4mhose nameW iskxm subscribed to the within instrument and ac- knowledged to me that he/MMtc executed the same in his, r( ij authorized capacity(ien), and that by hidJWMhVxx signature(4 on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NOTARIAL SEAL WITN E - my hand an fficial seal. ApLENEpact.c m sten Notary Ppbtie Paoti,Chester County.PA MY comrmssioe Expires December 3,2008 SIGNATURE NOTARY 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 OR TYPE OF DOCUMENT nnEn ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL D ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR D TTY(IES) THE CONTINENTAL INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE P el 01993 NATIONAL NOTARY ASSOCIATION 1 8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a South Carolina corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation(herein called"the CIC 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 William F Simkiss,Daniel P Dunigan,Richard J Decker,Joseph Kolok,Brian Block,Individually of Paoli,PA,their true and lawful Attorneys)-in-Fad 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 CIC Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 2nd day of March,2004. •� � • .��•• L4N/ The Continental Insurance Company •,r� t: taw Firemen's Insurance Company of Newark,New Jersey `�•• Michael Gengler Senior 7ce President State of Illinois,County of Cook,ss: On this 2nd day of March,2004,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 The Continental Insurance Company,a South Carolina corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey 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 Bpards 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 SEAT_EUZA • Y PRICE ro • rwnr�MM^x4saeeartawos aoaroaowevwa:Mnaa M..Commission Expires September 17,2006 Eliza Pri6e V Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company,a South Carolina corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey 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 on the reverse hereof is still in forme. In testimony whereof I have hereunto subscrtW my name and affixed the seal of the said corporations this 16 TH day m JUNE 2005 •j 0 IUMIS `attar The Continental Insurance Company A ♦o i�♦� Firemen's Insurance Company of Newark,New Jersey .Zcp� _ st w Mary A. ikajolds Assistant Secretary Form F6850-11/2001 CNA THE CONTINENTAL INSURANCE COMPANY STATEMENT OF ASSETS AND LIABILITIES December 31, 2004 ASSETS: Cash $ 39,305,654 Short-term investments(principally U.S.Government Obligations) 112,204,862 United States Government obligations 81,563,528 Other public bonds 1,734,301,303 Industrial and miscellaneous bonds 236,809,514 Preferred stocks 0 Common stocks of affiliated companies 1,055,703,593 Other common stocks 44,395,457 Real Estate 43,739,769 Premiums and agents'balances in course of collection 110,954,435 Premiums,agents balances and installments booked but deferred and not yet due 21,491,454 Accrued retrospective premiums 0 Accrued interest dividends and rents 21,373,200 Other Assets 394,755,974 Admitted Assets $ 3,896,598,743 LIABILITIES: Unearned premium reserve $ 0 Reserve for loss and loss adjustment expense 76,071,084 Reserve for taxes, licenses and fees(including federal income taxes) 28,883,035 Other Liabilities 2,105,876,659 Total Liabilities $ 2,2 0,830,778 SURPLUS: Capital paid up($5.00 par value) Shares authorized: 10,713,272 issued: 10,713,272 $ 1,917,003,354 Surplus (231,235,390) Surplus as Regards Policyholders 1,685,767,965 Total $ 3,89 ,598, 43 Failure of items to add to totals shown is due to rounding. State of Illinois ) )ss County of Cook) On this 22th day of April,2005, before me came Amy Adams and Jerry Sliwa,known to me personally to be the Vice President and the Assistant Vice President, respectively,of the Continental Insurance Company being fully swom,certify and attest that the foregoing statement is a true and correct statement of the assets and liabilities of the said company as of the date shn in the tement. few A A s, ice t Jerry F.S iwa, istant Vice President GL. Vi Notary Public OFFCIAL SEX LISA R WOOD NOTARY PUBLIC.STATE OF ILLINOIS MY COMMISSION EXPIRES.'B8A9i 7 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. DISCLOSURE OF-PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars($0.00). DISCLOSURE OF DERAL P-AROCIPATION IN PAYMENTTERRORISM LQ69SES. The United States will pay ninety percent(90%) of covered terrorism losses exceeding the _ applicable surety/insurer deductible. Form F7310