Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-641 TRE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on October 28, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKERA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.20o3/641 SUBJECT: Approve the Second Extension of the Road Agreement for Daugherty Road, RA 1103 (cross-reference Subdivision 7984), San Ramon (Dougherty Valley) area. (District IIT) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Road Agreement between Shapell Industries of Northern California and the County for construction of certain improvements in RA 1103,in the San Ramon (Dougherty Valley)area,through June 26, 2004; ♦ APPROXIMATE PERCENTAGE OF WORD.COMPLETE: 100% ANTICIPATED DATE OF COMPLETION: September, 2004 ♦ REASON FOR EXTENSION: For the one year warranty IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. G rt:sr G:\ I hereby � ��certify that this is a true and correct c of an action G:tt;,rpDatalEng5vc�t}t200313o-28-D3iRA I It73 90-1 I.doc taken and entered on the minutes of the Board of Supervisors on Originator: Public Works(ES) the date shown. Contact: Teri Ric(313-2353) cc: Public Works-T.Boll,Construction ATTESTED' OC3:QB+L 28 a �"-�-�3t�ft�3 - J.Cray,EngineeringServicesJOHN SWEETEN, Clerk of the Board of Supervisors and Current Planning,Conrununity Developmentveloseptt�emnt T--August 28,2004 County Administrator Shape112ndustries of Northern California Attn:S.Savage&S.Worden 100 N.Milpitas Blvd. ,f P.O.Box 362159 By ✓ -- ,Deputy Milpitas,CA 95035 National Fire Insurance Co. 5820 Canoga Ave.,Suite 200 Woodland Mlls,CA 91367 RESOLUTION NO.2003/ 641 CONTRA COSTA COUNTY ROAD LNIPR.OVEMENT AGR.EEM[ENT EXTENSION Development Number: RA 1103 Developer: Shapell Industries of Northern CA Original Agreement Date: June 26,4403-200i Second Extension New Termination Date: June 26,2004 Improvement Security Surety: National Fire Insurance Co. Bond No.(Date): 190723972(June 14,2001) Security Tyne Security Amount Cash: S 35,900.00(1%cash,$1,000 Min.) Bond: $3,556,700.00(Performance) $1,796,300.00(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, 51 W03 Dated: /4 1 1.�" Dated: tr ;-601 ShF 11 Industries of Northern California, aision o pall Industries, Inc. FOR CONTRA COSTA COUNTY �7 Maurice M.Shiu,Public Works eelo9per's Signatures Bye Z4 z — Printed 100 N. Milpitas Blvd. Milpitas, CA 95035 RECOMMENDED FOR AP AL: Address National Fire Insurance Coupany of By: (Engin S c ivisiou) Surety or Financial Institution 5820 Canoga Avenue, Suite 200 M-11s, CA 91362 Ad ss Y (NOTE. Developer's, Surety's and Financial ' Institution's Signatures must be Notarized) Attorney in Facts Signature TOMS:VkWJ-WftW* W'*C*ftW Pamela L. Stocks Printed [a jAprewiRebus teOVA eftheBoard POWER OF AT" -MY APPOINTING INDIVIDUAL ATTC— EY-IN-F'AC'T' Know All Mtn By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut 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 o in the City of Chicago,and-State of Illinois,andolhat they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Individually of Sherman Oaks,CA,their true and lawful Attorney(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 Vice President and their corporate seals to be hereto affixed on this 9th day of July,2403. Continental Casualty Company National Fire Insurance Company of Hartford „ American Casualty Company of Reading,Pennsylvania My 31, SEAQ. 40 �. 1097ZRW-110 —1"— A Michael Gengler SeIrVice President State of Illinois,County of Cook,ss: On this 9th day of July,2043,before me personally cafe Michael Gengler to me known,who,being by nit 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 Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut 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 + ELIZA PRICE • *WAMnous,ware M MM rr ewwm ft47" My Commission Expires September 17,2005 Eliza Price Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut 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 printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seat of the said corporations this 21St day of 2003 trst es ""r ar Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania + AXY 31, SEAL Mary A.Ribikal9kis Assistant secretary Form F5853 Authorizing By-Laws and Resolutions X ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: , This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX- Exteution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Mors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 1'7°+day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signatum of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF REARM,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI--Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Cornpatty in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Grohs Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17a'day of February,1993. "Resolved„that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17'a day of February,1998. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of CALIFORNIA County of LOS ANGELES On _AtaS us21- 2003 before me, Sandy Hanner-Notary Public Date NAME,TITLE OF OFFICER,."JANE DOE. NOTARY PUBLIC" personally appeared Pamela L. Stacks NAME(S)OF SIGNER(S) ( personalty known to me—OR— (a..._) proved to me on the basis of satisfactory evidence to be the pe,rsonpt) whose name(*184moubscribed to the within Instrument and acknowledged to me that btl isheli M executed the same in ft/heNttratt authorized capacltyogva and that by XWherAW signature(Iii)on the instrument the person(g), or the entity upon behalf of which the person(so acted, executed the instrument. .�►�=n== WITNESS y hand and offIcla s"I. SANDY HANNER Commission 61362157 [[ Notary Public-CaMomia SIGNATORE OF NOTARY Los Angsiss County MY Comm.Expkas JuI 2,2006 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 OMCER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) (.._) LIMITED {. .) GENERAL NUMBER OF PAGES ( ) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire insurarr,!2 Cpmcanv of Hertford SIGNER(S)OTHER THAN NAMED ABOVE 0-101436-8 ?�\A".ti:-�.;�'.ni\.\.v`�v�✓\.^.r•.��n.v\n.^✓. \n.�✓\�v�.� n.v.�^w\.wwv^��v\nr.n, ✓`✓,n.\.v\.�.\.�.vw` .\.,ww�v\r.fvvr��..�\�•.v..v\;\.���.�.:\^✓.r.n.h.��\n, ^w�.n.vvw j l i I t } CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT 73 State of California County of Santa Clara On September 5,2003,before me,Janice T. Kruse,Notary Public personally appeared J.C. Truebridge,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his `s authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. �y °>z sAM46a _ eLa r IANtCE T CRUSE Commission# 1318697 WITNESS my hand and official seal. z Notary Public-Carird ` <t Santa Clara CtwrMSanta Si ature of Notary Public t Optional Information { r Title or Type of Document: C. C. County Road hn rovernent A yp C — p greernent Extension RE 1103 z Capacity Claimed by Signer: Assistant Vice President of Shapell Industries,Inc. ' IN .ti < Iz IN \ '\.hti^t.`./\\.\,\\'\`.i\.\.\`�'\`..t.\'\/\.V\`\n.^v\..Vv,�.V..\r:.\:�:�, V�. �.i' \w'\.-,'4,•.✓�.1.\.1.\.tJ�.VVV�^✓`✓V'vI\."v\J\,MVV\.^v^.!v'.//V�/4�JJ�/.,^✓.r✓„N�^N\NV`.h/� '�\...h'v��;'\.\/..\.`., -.\`.\. '\ � ..h.^.'�,\ E .\..\'.n.\.\hri..U`✓•..+\+"Irv^v'�r^.n,N\.i\!v'v\.^..'v�N\P✓V\.J,!ti�.^✓`..^l'.'M.�...^/.��-V./\Nv-.i✓'.��"'. NI In accordance with the Terrorism Rask 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 PREF . The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0. 00). 12ISCLQSU RE OF FMERAL PARMCIPATirON TAT OF TFRRUISM rS , The United States willpay ninety percent (909/6) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 CONTRA COSTA COUNTY REQUEST FOR ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: RA 1103 If you were unable to complete your agreed to improvements within the one-year period originally granted by the Board of Supervisors in The Agreement,the County may grant you a one-year extension upon your written request.Please realize that you must complete your improvements in an expeditious manner,as unlimited extensions will not be granted. Please provide the reason why you need additional time to complete your improvements: Gointj to Beard for acceptance tananad then twill be -2 P19D on 1 year warranty until ice' f Please provide your anticipated date of completion: September 2004 Please provide your construction schedule: N/A Please provide us with your Federal Tax ID Number: 95-2578030 (It is mandatory that we have this number per Federal Tax Law for bonds and deposits that we refund) Please identify any parcel numbers and owners of lots within the development: se additionalvases,ifnexes Assessor's Parcel Owner's Property Owner's Phone Number Name Address Address Number