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
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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.
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sAM46a _ eLa
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IANtCE T CRUSE
Commission# 1318697 WITNESS my hand and official seal. z
Notary Public-Carird `
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Santa Clara CtwrMSanta
Si ature of Notary Public t
Optional Information
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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. '
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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