HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-642 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 28, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UIUMMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO, 20031 647.
SUBJECT: Approve the Second Extension of the Drainage Agreement for Road Acceptance
1104 (cross reference Subdivision 7984), San Ramon (Dougherty Valley) area.
(District III)
The Public Works Director having recommended that he be authorized to execute the Second
agreement extension which extends the Drainage Agreement between Shapell Industries ofNorthem
California,a Division of Shapell Industries and the County for construction of certain improvements
in Road Acceptance 1104(cross-reference Subdivision 7984),in the San Ramon(Dougherty Valley)
area,through June 26,2004;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100%
a ANTICIPATED DATE OF COMPLETION: September 2004
♦ REASON FOR EXTENSION: Extended to cover the one year warranty
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
JG:ttn:sr I hereby certify that this is a true and correct copy of an
Originator:atg5volB{)12Works zs-03iFA 1104�G-1l.duc action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contacts T.Fie(313-2363) Supervisors on the date Shown.
cc: Public Works—T.Bell,Construction
Current Planning,Commmnity Development
J.Gray,Eng.Svc. ATTESTED: ('1("`Dg 28 7003
T-Augur 29,2003(J.Gray) JOHN SWEETEN,Clerk of the Board of Supervisors and
Shapell Industries of Nor.CA
Attn:S.Savage&S.Warden County Administrator
100 N.Milpitas Blvd.
P.O.Box 361169
Milpitas,CA 95035
Mational Fire Insurance By t-" ,Deputy
21650 Oxnard Store%Suite 600 ..rr
Woodland Hr7ls,CA 91367
RESOLUTION NO.2003/ 642
CONTRA COSTA COUNTY
ROAD IMPROVEn [ENT AGREEMENT EXTENSION
Development Number: RA 1104
Developer: Shapell Industries of Nor CA
Original Agreement Date: June 26,2001
Second Extension New Termination Date: June 26,2004
Improvement Security ,
Surety: National Fire Insurance Co.
Bond No.(Date): 190723986(June 14,2001)
Security Type Security Amount
Cassa: $4,900.00(1% cash,$1,000 Min.)
Bond: $483,800.00(performance)
$244,400.00(Labor&Material)
The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County
and said Surety hereby agree thereto and acknowledge same.
Dated: /D Zz d .Dated: �"-='L `"v3"
ll Industries of Northern California,
a D vision of Tndustries, Inc.
FOR.CONTRA COSTA CC}i3l�iTlr
Maurice M.Shiu,Public Warks Dire i66niopees Signature(s)
By: sr."i .
Printed
100 N. Milpitas Blvd.
Milpitas, CA 95035
RECOMMENDEDFdR AL: Address
National Fire Insurance Comparry of
By: Hartford
(Engine ' "sion) Surety or Financial Institution
5820 Canoga Ague, Suite 200
Woodland Hills, CA 91367
Ade
(?VOTE. Developer's, Surety's and Financial
Institution's Signatures must be Notarized) Attorney in Facts Signature
roRuAYMIOM:V)A.LW.WW4C4* C0WWt Pamela L. Stocks
Printed
�C!! r� �Yu Clerk afih�Board
POWER OF AT` RNEY APPOINTING INDIVIDUAL ATT" -NEY-IN-FACT
Know All Men 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 offiftsin the City of Chicago,and-.State of Illinois,and-chat 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 fall 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,2003.
Continental Casualty Company
tti' National Fire Insurance Company of Hartford
ooraawra American Casualty Companyofheading,Pennsylvania
BEAL �•
1997 co
Michael Gengler Se Vice President
State of Illinois,County of Cook,ss:
On this 9th day of July,2003,before me personally came Michael Gengler to me known,who,being by me 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 s
EUZA PRICE
uor�uY rwu0.rrxrt os a�waw
wr OOMWAVOWa ,*AN"
My Commission Expires September 17,2006 Eliza Price Notary Public
CERTIFICATE
I,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
print on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
printed
day of August 2003
t Continental Casualty Company
National Fire Insurance Company of Hartford
oo+s r American Casualty Company of heading,Pennsylvania
VA
AKY it.
SEMAL
1997 'Qr 'i'"
Mary A.R1 0,bikajokis Assistant Secretary
Form F6853
Authorizing By-Laws and Resolutions
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--mExecution 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 Directors,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 17&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 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 AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law dully 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 attomeys-in-fact to act in behalf of the Company in the execution of policies of
insurance, bonds, undertakings and other obligatory instruments of lite 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 Group 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 17&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 Attomey-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 adapted by the Board of Directors of the
Company at a meeting duly called and held on the 17x`day of February,1993.
"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 pourer 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 Auou3St 21.2003 before me, Sandy Hanner-Notary Public
Date NAME, TITLE OF OFFICER., 'JANE DOE. NOTARY PUBLIC-
personally appeared Pamela L._Stocks
NAME(S)OF SiGNER(S)
(x) personally known to me-OR--(—) proved to me on the basis of satisfactory evidence to be
the person(t) whose name(*Is/Anoubscrlbed to the within instrument and acknowledged to me that
Mishe/RW executed the same in mtt/her/ttalkt authorized capacity( and that by IlWherA
signature(S) on the Instrument the person(S), or the entity upon behalf of which the person(* acted,
executed the instrument
•�.===-==== WITNESS y hand and offk;la# aI.
DY HANNER
Commission#1362157
Notsty Public-Coftrnle 8tt3tdA F3E t?F N€7T1lRY
Los Angeles County
My Comm.Expkas Jul 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 OFFICER
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 Insurarce Comiaany
of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
�''.'V��'".v'`n.rv^Jvwinl\r^✓V�rv`.✓�^v'4.^.rh.+^s�/S.Nv^.�,\.^v'.h' ,1.'�r....✓"t.- ..Nv\..�."Ws^✓V..rv'..N�hh^IVaJv^.,^✓`v'S.+S✓� "WWP`✓�,^,..^✓�./W'v'hJ'.GVW'V\,^1M./'.+'S/W�,.+.,hJ^vrv`✓.'i>
1`
1 5
1 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
7� >
State of California
`(>> County of Santa Clara y
Can September 5,2003,before me,Janice T. Kruse,Notary Public personally appeared '
J.C.Truiebridge,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
authorized capacity, and that by his signature on the instrument the person, or the entity <y
upon behalf of which the person acted, executed the instrument.
y T.Klame
'
5� G4nmiw 0n*1318697
`yLl wow ITNESS my hand and official seal. s
Wy k y
Si ture of
Notary Public
�L
Optional Information
S�
4 Title or Type of Document: C. C. County Road Improvement A Bement Extension
{� C4
RE 1.104 s>
�4
jS
Capacity Claimed by Signer: Assistant Vice President of Shapell Industries,Inc.
4.:
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NTIC 4
In accordance with the Terrorism Risk 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 (collectivdly 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 Dartford,American Casualty Company of beading, P.A., The Firemen's
Insurance Company of Newark, NJ, and The Continental.Insurance Company:
RC10SOP PREMUM .
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars 00.00)•
The United States will pay ninety percent (901/0) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
roars F7310
CONTRA G STA COUNTY -
REQUEST FOR ROAD IMPROVEMENT AGREEMENT EXTENSION
Development Number: RA 1104
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:
Going to Board for acceptance on 3 and then will be
on L year warranty until „2./.��
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: 95-25-78030
(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 additional a ifnecessary)
Assessor's Parcel Owner's Property Owner's Phone
Number lame Address Address N nnber