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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-265 Cf 7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on July 16, 2002 by the following vote: AYES: Supervisors Gerber, Uilkema, Glover and DeSaulnier NOES: None ABSENT: Supervisor John Gioia ABSTAIN: None RESOLUTION NO. 2002/ 265 SUBJECT: Approving the 3rd Extension of the Subdivision Improvement Agreement for Subdivision 7578, San Ramon area. (District III) The Public Works Director having recommended that he be authorized to execute the 3rd agreement extension which extends the Subdivision Improvement Agreement between Toll Land XXII Limited Partnership, A California Limited Partnership, and the County for construction of certain improvements in Subdivision 7578, in the San Ramon area,through Aprik20,2003; ♦ APPROXIMATE PERCENTAGE OF WORD.COMPLETE: 90% ♦ ANTICIPATED DATE OF COMPLETION: September 30, 2002 ♦ REASON FOR.EXTENSION: Punch list items nearly complete have requested final inspection. NOW THEREFORE BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. PE:cw I hereby certify that this is a true and correct copy of an action taken G:t(irpDatalEngSvciBC112002\7-16-031sUB 7579 BO-1l.doc and entered on the minutes of the Board of Supervisors on the date Originator- Public Works(RS) shown. Contact: Rich Lierly(31.3-2348) cc* Public Works—T.Bell,Construction ATTESTED: Jti y 1, 2QQ2 Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and County T--2-20-03 Toll Land Limited Pazrtemership Administrator A California Limited Partnership(No.CA Div) 100 Park Place,Suite 140 San Ramon,CA 94583 National Fire Insurance Company of Harfford By — ,Deputy P.O.Box 8286 Philadelphia,PA 14101 Toll Brothers,Inc. 3103 Philmont Avenue Huntingdon Valley,PA 19006 RESOLUTION NO.2002/265 A CONTRA COSTA. COUN'T'Y SUBDIVISION AGREEMENT EXTENSION Development Number: Subdivision 7578 Developer: Toll Land XXII Limited Partnership Original Agreement Date: April 20,1999 3rd Extension New Termination Date: April 20,2003 Improvement Security Surety: National Fire Insurance Co.of Hartford Bond No. (Date): 190536764(10-2698) Securily Type Security Amount Cash: $23,700.00(1% cash,$1,000 Min.) Bond: $2,349,000.00(Performance) $ 1,186,400.00(.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: ->I E C7C '2_ - Dated: *'' � Y � FOR CONTRA COSTA COUNTY Maurice M. Shiu,Public Works Director Developer's Signat e(s) By: j - l�+ L ,�• { � Printed ;By: BCOM FO P OVAL: Address eering Services Division) Surety or Financial Institution Address (NOTE. Developer's, Surety's and Financial Institution's Signatures must he Notarized) Attorney in Facts Signature FOAM A?MVW'.Vicom J.Wftun xa,Cou"Cawad Printed A erApproval Return to Clerk of the Board CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of (a(t«4 rC'Yt 1 OPTIONAL SECTION County of— Coal& CAPACITY CLAIMED BY SIGNER On e>'J7> . - before me, _ r;c tY �+� , 'JI{iJ l}Y nit"t jf Though statute does not require the Notary to fill DATE NAME,TITLE OF OFFICER E.G.,-)ANENOTARY PUBLIC" In the data below,doing so may prove invaluable i � y, Ica r to persons relying on the document. personally appeared —1 's. NAME(S)of SIGNER(s) C1 INDIVIDUAL CE (S) personally known to me-OR- ❑ provided to me on the basis of satisfactggt,evidence to CORPO TE OF be th arson whose s f ES) subscriM4M the within in=ument and acknowledga,to me tha executed ❑ PARTNER(S) ❑ LIMITED IWenntity . a orized ❑ GENERAL Ht1Ch L KIRKLANDand that b is l28W6n the instrument the person(s)or 13 ATTORNEY-IN-FACT �1�Jan behalf of which the person(s) ❑ TRUSTEE(S) —acted,executed the instrument. E3GUARDIANICONSERVATOR 13OTHER: Y ►r- hand and_official seal SIGNER IS REPRESENTING. (NAME OF PERSON(S)OR ENTITY(IES)) SIGNATURE OF NOTARY J lel acknowledged to me that such corporation executed the within instrument pursuant to its by-laws ( Ir� Y or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACKED Title or Type of Documentd 1 V,#it � TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document r 0 to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above�� re-attachment 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. 1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signeil exactly as it is typed or printed. 11. 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. 111. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and Binde partnership. IV. SIGNATURES FOR CORPORATIONS Documents should e signed by two officers,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 ((bbAn 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 signing the instrument to execute instniments 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." CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number- Subdivision 7578 Developer: Toll Land XXII Limited Partnership Original Agra*ment Date.. April 2d,1999 3rd Extension New Terminations Date; April 20,2003 Improvement Security Surety.- National Fire Insurance Co.of Hartford Bond No. (Dat*): 19053+6764(1046-9$) Cash: S 23,700.00(1%Bash,$1,000 Min,) Bond: S 2,349,000.00(Performance) $1,186,400.00(Labor&b1aterlao The Developer and the Surety desire this Agrwnent to be extended through the above date; and Contra Costas County and said Surety(or Financial Institution)hereby agree thereto and acknowledge same. Dated: Dated: .TUNE 17, 2002 TOLL BROS. , INC. FOR CONTRA COSTA COtNTY Maurice M. Shfu,Public Warks Director •Developees Signa e(s) By. A6 -ai Printed lam' P�-a� RECOMMENDED IrO#t APPROVAL- Address By: NATIONAL FIRE INSURANCE COMPANY OF HARTFORD (Engineering Serviees Division) Surety or Financial Institution P O BOX 8286, PHILADELPHIA, PA 19101 Add (NOM. OtvdOPer't, S'urety's terra+ 11fianc zI 1'raeQw 1on's.S1,gnatuttt must be Nolarhtd.) A y in P Signature s�rsr+� -wt W=*.C.�ow..4 JOHN R. WAITE Printed .iPrer,�nnnaneer��urar r�Baht a� e ,at CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No,5907 State of PENNSYLVANIA {county of CHESTER ARLENE OSTROFF On JUKE 17, 2002 before me, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE.NOTARY PUSLIC' personally appeared JOHN R. WAITE NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persorA*whose name{, iskm subscribed to the within instrument and ac- knowledged to me that he/ahaftba executed the same in his( authorized capacit , and that by his3�#Ilxx signature(# on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, NOTARIALSEAL WITNESS my hand an official seal. ARLENE OSTROFF,Notary Pubitc 17 Paoli,Chests'County,PA MY Commission Expires NaverMer 22,2164 SIGNATbMt OF 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 TMLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ® OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENYITYQM NATIONAL FIRE INSURANCE COMPANY OF HARTFORD SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-S23S Rernmet 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 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 signature and seals herein affixed hereby make,constitute and appoint William F. Simkiss,John R.Waite,John A.Simkiss,III,Daniel P.Dunigan,Richard J.Decker, Individually of Paoli,Pennsylvania their true and lawful Attorneys)-in-Fact with fuli 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 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 tytr °R NATIONAL FIRE INSURANCE COMPANY OF HARTFORD _- AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA Z s �` 1116Y 1l t trSr ' Michael ngler 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 sworn,di depose and say that he resides n 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 kraws the seals of said corporations:that the seals affixed to the said lnshunent are such corporate seats;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. ` *OFFICIALMW DW*FAUMER Nobrq moo, of 111111nols + gilt►Sante► W1 7/0111 ` My Commission Expires September 17,2001 DDIa—neFiknee Notary Public CERTIFICATE I,Mary A. Riblkawskis,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 farce,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are stili In force.In testimony whereof t have hereunto subscribed my name and affixed the seats of the said corporations this 17TH day of JUNE , CONTINENTAL CASUALTY COMPANY NATIONAL FIRE.INSURANCE COMPANY OF HARTFORD ooirP'cs�i*;� � AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA PAy ,... JIrLY 1C; a Ma Ribikaws i5 Ass stent a rY (Rev.1011197) CNA INSURANCE COMPANIES NATIONAL FIRE INSURANCE COMPANY OF HARTFORD STATEMENT OF ASSETS AND LIABILITIES December 31, 2001 ASSETS: Cash $ (22,188,525) 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 340,025,573 Other common stocks 15,131,000 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 52,418,955 Accrued retrospective premiums 13,039,920 Accrued interest dividends and rents 15,270,355 Other Assets 158 651,757 Admitted Assets $ 83,702 LIABILITIES: Unearned premium reserve $ 300,399,355 Reserve for loss and loss adjustment expense 1,053,554,104 Reserve for taxes,licenses and fees Cncluding federal income taxes) 15,880,055 Other Liabilities 434,947131 Total Uabilities $ 1,805,880, 6 SukPLU5: Capital paid up($2,000.00 par value) Shares authorized: 2,000,000 issued. 2,500 $ 52,2001000 Surplus 720,04 3,056 Surplus as Regards Policyholders 772,243056 Total $ 78,123c702 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 E*,the Senior Vice President and the Assistant Vice President,respectively,of the National Fire Insurance Company of Hartford being fully sworn,certify and attest that the forego'sng 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 S iwa, nt ice President L rence J. Boys n ' nior Vide—President L Ili .13� P, Notary FUME ! LISA R. WOOD ! i Notary Ruksllc,State of Illinois Y. • My Commission Expires 818103 s