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HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-530 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA (7 / Adopted this Order on November 6, 2001 by the following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2001/ 530 SUBJECT: ADOPT Resolution No. 2001/ 530 approving the release of Chevron USA, Inc.'s Pipeline Franchise Bond # U80 51 20-1108 in the amount of$15,000. Project No. 4500-6G5269 Concord, Pittsburg Areas The Board of Supervisors of Contra Costa County RESOLVES THAT: On October 5, 1993, this Board adopted Resolution No. 93/588, pursuant to Ordinance No. 1827 (as amended by Ordinance No. 79/50 and Ordinance No. 92/64), which granted a franchise to Chevron USA, Inc. to operate pipelines on certain County rights-of-way. In accordance with the provisions of the aforementioned Ordinance No. 1827 (as amended), on December 7, 1993, Chevron USA provided the County with a $15,000 surety bond (#U80 51 20-1108). Chevron subsequently sold the pipelines covered under this franchise agreement to Venoco LLC on October 30, 1998. On February 2, 1999, this Board adopted Resolution No. 99/54, which ordered the franchise granted under Resolution No. 93/588 be transferred to Venoco LLC from Chevron USA, Inc. On February 2, 1999, the County, Chevron USA, Inc., and Venoco LLC entered into an agreement to complete the franchise transfer. As part of that agreement, Venoco LLC was required to post a bond by a duly qualified corporate surety in favor of the County in the amount of$15,000. On March 3, 1999, Venoco LLC posted that bond, and on April 2, 2001, a Rider was issued to change the surety name and bond number to No. 061S103597486BCM. Therefore, the previous bond posted by Chevron USA, Inc. is no longer needed and should be returned to Chevron USA, Incorporated. THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS HEREBY APPROVES that Bond No. U80 51 20-1108 be released by County, and returned to Chevron USA, Incorporated. I hereby certify that this is a true and correct DRA:eh copy of an action taken and entered on the G:\GrpData\RealProp\2001-Files\BOs&RES\11601 Chevron.Bond.doc minutes of the Board of Supervisors on the date shown. Orig.Dept.: Public Works(AD) Contact person: Dick Awenius(313-2227) ATTESTED:_ November 06, 2001 cc: County Auditor/Controller JOHN SWEETEN, Clerk of the Board of County Counsel Supervisors and County Administrator Francisco&Associates, Inc. �� By `�°`�.? Deputy 11 RESOLUTION No. 2001/ 530 -' TJ'NI"I'HI17 PAC ..8'I0 I2STSU'RAXT03Z HOME OFFICE, FEDERAL WAY, WASHINGTON BOND Bond No. T1,130 91 20-1108 BOND Premium; $50.00 Annually KNOW ALL MEN BY THESE PRESENTS: That we, CHEVRON U.S.A. INC. as Principal(s), and UNITED PACIFIC INSURANCE COMPANY, a corporation organized under the lows of the State of Wash- ington', and authorized to transact surety business in the State of California as Surety, are hold and firmly bound unto COUNTY OF CONTRA COSTA In .the sum of FIF'CENN THOUSAND AND NO/100---------------------------- (S 15,000.00------) DOLLARS, lawful money of the United States of America, for the payment of which, wel l and truly to be made, we bind our- selves, our heirs, legal representatives,-successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal, CHEVRON U.S.A. INC. , has been granted a franchise for pipelines in County. highways by Resolution No. 93/588, adopeted pursuant to Ordinance No. 1827 (as amended by Ordinance No. 79-50 and Ordinance No. 92-64) . NOW THEREFORE, IF THE Principal shall well and duly observe, fulfill, and perform each term and condition of said franchise and Ordinance then this obligation shall be null and void; otherwise, it shall remain in fullforce and effect. In case of any breach of condition, the whole amount of this bond shall be deemed to be liquidated damages and shall be recoverable from the Principal and Surety upon this bond. *See attached endorsement. Dated this 7th day of Degember 19 93 CHEVRONS U.S.A. INC. H. D. Millgr I" - A Assistant Treasurer UNITED PACIFIC INSURANCE COMPANY aou-141 g ED 6/72 By . ATTORNEY-IN-FACT Helen A. Weires UNITED PACIFIC INSURANCE CON.,.'A.NY \� HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint Helen A. Wolres, Individually,of San Francisco, California, its true and lawful Attorneys)-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of suretyship and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-In-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of UNITED PACIFIC INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: ARTICLE VII- EXECUTION OF BONDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory in the nature thereof, and (b)to remove any such Attorney(s)-in-Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney Issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory in the nature thereof. 3. Attorneys)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF,the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed, this 20 day of September, 1993 UNITED PACIFIC INSURANCE COMPANY ��IMSb SEAL STATE OF Washington '1928 � Vice President COUNTY OF King �ss. On this 20 day of September, 1993 personally appeared Lawrence W.Carlstrom to me known to be the Vice President of the UNITED PACIFIC PANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corpor t Article VII, Section 1, 2, and 3 of the By-Laws of said Company,and the Resolution, set forth therein, are still in f ` O ppY PUSLIC �j► 3-05'-96 �O Notary Public In and for State of Washington F \�� Residing at Puyallup D I, Robyn Layng, Assistant Secretary of the UNITED PACIFI RAVINc ANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNI SURANCE COMPANY, which is still In full force ,and /e_ffact. IN WITNESS WHEREOF, 1 have hereunto set my hand and affix e aid Company this � ( 4 day of/ ��"` t9 vloG p � O SEAI. ba= 7 928 Assistant Secretary 8010.1431 Ed.9/93 ^^ ,^•- ---r-- r,r`r- t,L' 'co TMn7/aT/QT State of California On this the 7th day of . Decern'her 19 43, before me SS. the undersigned Notary Public, personally appeared County of San Francisco Helen A. Weirgs. ttorney--jn-Farr (Name and Title) personally known to me #m�{acvvvs�iadr�c:occe�c�sdlobc £ 7Ei� eNf )t to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed PHYLLIS J. RAYL the same in his/her/their authorized capacity(les), and that by his/her/ (A)MM.#0854a9 their signature(s) on the instrument the person(s), or the entity upon . ; NowPUDU'.-CLrMRN4A � behalf of which the persons) acted, executed the instrument. U 0. SM FRANC13CO tX1WrY N 1) My Conlin.ENplfeu MAy 4.1090 !S WITNESS my hand and official seal. Notary's Signature MMst--X080-a ter"Ct7 TMn7/GT/pT UNITED PACIFIC INSURANCE COMPANY HOME OFFICE 4 PENN CENTER PLAZA PHILADELPHIA, PA 19103 ENDORSEMENT It is hereby understood and agreed that the home office address is amended to read: 4 Penn Center Plaza, Philadelphia, PA 19103 All other terms and conditions remain unchanged.