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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-264 J THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 16, 2002 by the following vote: APES: Supervisors Gerber, Uilkema, Glover, and. DeSaulnier NOES: None ABSENT: Supervisor John Gioia ABSTAIN: None RESOLUTION NO. 2002/ 264 SUBJECT: Approving the 3rd Extension of the Road Improvement Agreement for improvements to Norris Canyon Road (Road Acceptance 1032), San Ramon area. (District HI) The Public Works Director having recommended that he be authorized to execute the 3rd agreement extension which extends the Road Improvement Agreement between Toll Brothers,Inc. and the County for construction of certain improvements to Norris Canyon Road(Road Acceptance 1032), San Ramon area, through April 20, 2003; + APPROXIMATE PERCENTAGE OF WORD COMPLETE: 97% + ANTICIPATED DATE OF COMPLETION: September 30, 2002 ♦ REASON FOR EXTENSION: Right ofway acquisition and Record of Survey were delayed. Working on final punch list items. NOW THEREFORE BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. PE%cwr" o.\GrpData\Engsve\Bo12002\7-16-03\RA 1032 Eco-I l.doc I hereby certify that this is a true and correct copy of an action take Originator, Public Works(ES) entered on the minutes of the Board of Supervisors on the date shown. Contact: Rich Lierly(313-2348) ATTESTED:_ Jule 16, 2002 cc: Public Works—T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Community Development AdministratorT—2-20-03 Toll Brothers,Inc. 3103 Philmont Avenue Huntingdon,PA 14101 National Fire Insurance Co.of Hartford By_ -_ ,Deputy P.O.Box 5286 Philadelphia,PA 14101 Toll Brothers,Inc.(Northam California Division) 100 Park Place,Suite 140 San Ramon,CA 94583 RESOLUTION NO.2002/ 264 CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: RA 1032 Developer: Toll Brothers,Inc. Original Agreement Date. April 20,1999 3rd Extension New Termination Date: April 20,2003 Improvement Security SURETY: National Fire Ins.Co.of Hartford BOND NO. (Date): 190402336 (January 27, 1998) Security Type Security Amount Cash: $ 28,300.00 (1% cash,$1,000 Min.) Bond: $2,800,000.00(Performance) $1,400,000.00(Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date; and Contra Costa County and said Surety(or Financial Institution)hereby agree thereto and acknowledge same. Dated: _'- _ Dated: ' 1' FOR CONTRA COSTA COUNTY Maurice . Shiu ublic Works Director iievelopees Signature(s) By: 1 Printed RECOMME APP Address 1'4�.-rs or+, - 4?Y3' By: n ' g Services Division) Surety or Financial Institution Address (NOTE. Developer's, Surety's and Financial Institution Is Signatures must be.Notarized) Attorney in Facts Signature FOOVM:tea,.W c Printed After Approval Return to Clerk ofthe board CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT J7' i State of .. + _41'i i^_I'%i 1- F OPTIONAL SECTION County of t/+t�'Yt'T'y` C+"gT CAPACITY CLAIMED BY SIGNER ,fi t hA On x`13-�t7� ,before me, rt c 1�` � Y t j , Though statute does not require the Notary to till DATE NAME, E OF OFFICER Rd.,-'JANE DOE, OTARY PUBLIC" in the data below,doing so may prove invaluable A � + r to persons relying on the document. personally appeared �' ,_ NAME(s)OF sIGNER(s) ❑ INDIVIDUAL OFFICE (S) personally known to ma-OR- ❑ provided to me on the b is of satisfac evidence,w � . be the who$ Tii t 6 Y subscribed to the within I merit and TtTLE(s) acknowled to me tha a executed ❑ PARTNER(S) ❑ LIMITED Wrintityy I orized ❑ GENERAL Ek:�' '1 L K1RKUkND and that b hi E3 ATTORNEY-IN-FACT n the instrument the person(s)orCxxntr-:sxion i? t37in behalf of which the person(s) ❑ TRUSTEE(S) "OtINY Publ�C' ❑ GUARDIAN/CONSERVATOR Akirdida acted,executed the instrument. 13OTHER:1y�i(�GI11RLt3g7iltiNCa240WITNESS my hand and offici al, SIGNER IS REPRESENTING: (NAW OF PERSON($)OR ENTITY(IES)) SIGNATURB OF NOTARY ❑ 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 DocumentorC'1HMs+aa TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above reattachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. 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 rt 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 au ority to sign for an m e partnership. IV. SIGNATURES FOR CORPORATIONS Documents sHould be signed y two o iters,one from each of the following two groups. GROUP 1. a)The Chair of the Board )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 the Board of Directors authorizing the person si Ing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will su ice. 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." CONTRA COSTA COUNTY" ROAD IMPROVEMENT AGREEMENT EXTENSION Development Numbers RA 1032 Developer: Toll Brothers,Inc. Original A"went Date. April 20.IM 3rd Extension Now Termination Date- April 20,2043 Improvement Security SIMTY: NsationA lire Ins.Co.of Hartford BOND NO,(Date)z 190402336 (January 27,1198) Soaudy Tvfla Security Am mat C*sh: S 28,306.00 (1%cash,$1,000 Mo.) Bond: $2,800,000.00(Perxomtnee) 51,400,00000 s',1"satbor&Material) The Developer surd Ota Surety desire this Agreement to be extendod through the above date; and Contra Costa County and said Surety(or Financial Institution)hereby agree thereto and aeknowiedge stone. Dated: Dated. JUNE 17, 2002 TOLL BROS. , INC. FOR+CONITA COSTA CC113NV Maurice M.Shiu,Publio Works DireCtar evaiopees Sigzsature(s) By. Printod .6 / , 118COMNOIEN'DED POP.APPROVAL: Address Ai: je&w 4;-w1 ,C,� f By. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD (BaSineering Services Division) Swvty or Financial Institution P O BOX 6286, PHILADELPHIA, PA 191.01 Aad (NOM Drmloperliit, Snnrty'a and J71nasnd#1 Ifis ltktdarn't,►5 gmetu s texas#be Nastwiyad) A y isn Ftt Signature OMM" r JOHN R. WAITE Printed e!ZMr.�xe�rswt Rdrrx m C7�iyfpl6ar Be�etd CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.8907 MOR AI R RR P P 11 1111 State of PENNSYLVANIA County of CHESTER ARLENE OSTROFF On JUNE 17, 2002 before me, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,"JANE DUE,NOTARY PUSUC' personally appeared JOHN R. WAITE NAME(S)OF SIGNER(S) i C personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persor4*whose nameW isiom subscribed to the within instrument and ac- knowledged to me that he/ahafta executed the same in hist authorized capacit , and that by his3slCtltxx signature($ on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN y hand and cial seal. Zm . NOTARIAL SEAL ARLEN E OSTROFF,NQttry Public Paoli,CbasW Cownty,PA SI{3NATtif NOTARY My C*mn*sion Expko6 Nayember 22,2604 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 farm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ` El CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITI.Em ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF OR ENTITY(IES) NATIONAL FIRE INSURANCE COMPANY OF HARTFORD SIGNER(S)OTHER THAN NAMED ABOVE V993 NATIONAL NOTARY ASSOCIATION•8236 Remmat 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 CONTINENTAL CASUALTY COMPANY,an Illinois corporation,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called'the CCC Surety Companies'),are duty 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 signature and seals herein affixed hereby make,constitute and appoint William F.Simkiss,John R.Waite,John A.Simkiss, 111,Daniel P.Dunigan,Richard J.Decker, Individually of Paoli,Pennsylvania their true and lawful Attorney(syin-Fact with full power and authority hereby conferred to sign,seat 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 duty authorized 6566-r oftheircorporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney Is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 17th day of November 2000 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD -AAPC^A?* AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA ...MZ -Michael Glengler Group Vice President State of Illinois,County of Cook,ss: On this 17th day of November 2000 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 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 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 or Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and dead of said corporations. *0FMIAL SEW OWE PAWNER Ntwy%*so,as"Of snow goil Oil 7101 My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A. Rlbikawskis,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 each corporation printed on the reverse hereof are still In force.In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 17TH day of JUNE CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA A7rY 31. APAI Assistant rY Maw-kiRibikawskis (Rev.1011/97) U CNA INSURANCE COMPANIES NATIONAL FIRE INSURANCE COMPANY OF HARTFORD STATEMENT OF ASSETS ANIS LIABILITIES December 31, 2001 ASSETS: Cash $ (22,188,625) Short-term investments(principally U.S.Government Obligations) 404,777,073 United States Government obligations 707,232,412 Other public bonds 255,414,271 industrial and miscellaneous bonds 527,312,000 Preferred stocks 10,542,500 Common stocks of affiliated companies 340,026,673 Other common stocks 16,131,000 Real Estate 0 Premiums and agents'balances in course of collection 78,395,401 Premiums,agents balances and installments booked but deferred and not yet due 62,418,955 Accrued retrospective premiums 13,039,520 Accrued interest dividends and rents 16,270,365 Other Assets 168 651,757 Admitted Assets $ 78�4' t�' LIABILITIES: Unearned premium reserve $ 300,395,356 Reserve for loss and loss adjustment expense 1,053,654,104 Reserve for taxes,licenses and fees(including federal income taxes) 16,880,055 Other Liabilities 434 547131 Total Llabilities $ 118051880,646 sukPLUS: Capital paid up($2,000.00 par value) Shares authorized: 2,006,000 issued. 2,506 $ 52,200,000 Surplus 720,0043.056 Surplus as Regards Policyholders 772,243,056 Tota( $ _29578,12397W �A Failure of items to add to totals shown is due to rounding._ State of Illinois ) )ss County of Cook) On this 10th day of April,2002,before me came Lawrence J.Boysen and Jerry F.Sliwa,known to me personally to b'the Senior Vice President and the Assistant Vice President,respectively,of the National Fire Insurance Company of Hartford being fully sworn,certify and west that the foregoing statement is a true and correct statement of the assets and liabilities of the said company as of the date shown in the statement. Jerry F Shwa,AfsNtant Vice President L rence). Boys n� enior Vi a Pro i ent Notary P5511c ♦iliiii i@r 130440+F4 Liii ii+►+►ii i L,IvA F:» Notary Public.Stets of Miriots r' i My Commission Expires 819/03 • r•r•+rrrr•r•rrr+rrrrr♦rrrrr�