HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-645 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 28, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREMERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.2003/ 645
SUBJECT: Approve the Second Extension of the Road Agreement for Bollinger Canyon Road,
Road Acceptance 1105(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 Road Agreement between Shapell Industries of Northern
California and the County for construction of certain improvements on Bollinger Canyon Road,
Road Acceptance 1105, in the San Ramon(Dougherty Valley) area, through June 26, 2004;
♦ APPROXIMATE PERCENTAGE OF WORK'..COMPLETE: 100%
♦ ANTICIPATED DATE OF COMPLETION: September 2004
♦ REASON FOR EXTENSION: Extended for the one year warranty
IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director
is APPROVED.
JG:rmsr I hereby certify that this is a true and correct copy of an
G:\GrpData\EngSvc\BO\2003\10-28-03\RA 1105-BO-I l.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES) Supervisors on the date shown.
Contact: Teri Ric(313-2363)
cc: Public Works-T.Bell,Construction ATTESTED: OCTOBER 2R, 2003
-J.Gray,Engineering Services JOHN SWEETEN, Clerk of the Board of Supervisors
Current Planning,Community Development
T e August 28,2004 and County Administrator
Shapell Industries of Northem California
100 N.Milpitas Blvd.
P.O.Box 361169
Milpitas,CA 95035
National Fire Insurance Co. By �, �'� Deputy
5820 Canoga Ave.,Suite 200
Woodland Hills,CA 91367
RESOLUTION NO.2003/ 645
CONTRA CO `C'A COUNTY
ROAD EM ROVEMENT AGREEMENT EXTENSION
Development Number: RA 1105
Developer: Shapell Industries of Northern CA
Original Agreement.Date: June 26,2001
2nd Extension New Termination Date: June 26,2004
Improvement Security
Surety: National Fire Insurance Co.
Bond Number No.(Date): 190724006(June 14,2001)
Security Tvae Security Amount
Cash: $9,000.00(1%cash,$1,000 Min.)
Bond: $890,800.00(P'erformance)
$449,900.00(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.
>4 zj H toa-r Z�d
Dated: OZ 2, 6 J Dated:
_r;---ter
Sh ell Ind, tks f g r California,
a vision o pe t es, c.
FOR CONTRA COSTA COUNTY rn4,ueXa
Maurice M.Shiu,Public Works eveloper's Signature(s)
By, �.LL , 4 �y
�.�(3��`��-4 Printed
100 N. Milpitas Blvd.
Milpitas, CA 95035
RECOMMENDE=F : Address
National Fire Insurance Qmpany
By: of Hartford
(Engin g ces vision) Surety or Financial Institution
5820 Canoga: Avenue, Suite 200
Woodland Hills, CA 91367
ess
(NOTE.- Developer's, Surety's and Financial
Institution's Signatures mast be Notarized) Attorney in Facts Signature
mRMAPP oMI Vi0WJ.w.wW16c..q.c...1+ Pamela L. Stocks
Printed
AfteAwr valAmtarn to aff-k oftAaBoard
POWER OF AT' INEY APPOINTING INDIVIDUAL ATTC—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 offices in the City of Chicago,and,.State of Illinois,and that they do by virtue of the
signatures and seals herein affixed hereby make,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Harmer,Individually
of Sherman Oaks,CA,their true and lawful Attomey(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,2003.
r Continental Casualty Company
' National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
SEAL M
,n+ 7�k
t . �
Michael Gengler Se Vice President
State of Illinois,County of Cook,ss:
On this 9th day of duly,2003,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 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 •
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wseo j teooy
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
printed,f the
reverse hereo f force. In testimony wh�f I have hereunto subscribed my name and affixed the seal of the said corporations this
G S day of GZ
yt tMa` Continental Casualty Company
National Fire Insurance Company of Hartford
:s American Casualty Company of Reading,Pennsylvania
AKY 11,
SEAL own
Mary A. flcajWs 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---Execution of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Croup 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 duly adopted by the Board of Directors of the
Company.
"Article 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 a 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 inshvments 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-fait"
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°i 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 aftch4 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 trade 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 scaled 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 17d day of February,1993.
"RESOLVED: That the signature of the PrwidenC an Executive Vice President or any Senior or Group Vice President and the seal of the
Corporation may be affixed by facsitnile 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 August 21. 2003 before me, Sandy Hanner-Notary Public
Date NAME,TITLE OF OFFICER.,"JANE DOE, NOTARY PuSLIC"
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(s) whose name(4 isht>oubscribed to the within Instrument and acknowiedged to me that
bWshe/lhegt,executed the same In hda/her/tt is authorized capacityowj , and that by PlWher/tom
signatures)on the Instrument the person(8), or the entity upon behalf of which the person(30 acted,
executed the instrument.
r,4;;�ta SANDY FAWNER WITNESS y hand and official seal.
Commission•1362157
-ai Notary Public-CWorOnl
ni!
Las Angeles County SIGNA RE OF NOTARY
My Comm.Expires Jif 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 fort.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
{_.) INDIVIDUAL
{�) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
(�..) PARTNER(S) LIMITED
{�) GENERAL
(X)
ATTORNEY-IN-FACT NUMBER OF PAGES
TRUSTEE(S)
GUARDIAN/CONSERVATOR
{ �) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurar>ce ComDanv
of Hartford SIGNER(S)OTHER THAN NAMED ABOVE
(1-10742e•8
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s CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT <?
State of California
County of Santa Clara r
`s On September 5,2003,before me,Janice T. Kruse,Notary Public personally appeared 1
J.C. Truebridge,personally known to me to be the person whose name is subscribed to z
the within instrument and acknowledged to me that he executed the same in his
y authorized capacity, and that by his signature on the instrument the person,or the entity t
upon behalf of which the person acted, executed the instrument.
�5 z
c ommiwion 131801
Nokwy c c WITNESS my hand dof`fi�c'ial seal.
S gnature of Notary Public
ti
Optional Information
�t
?4 Title or"Type of Document: C.C. County Road Improvement Agreement Extension
;y
y
RE 1145
S�
Capacity Claimed by Signer: Assistant Vice president of Shapell Industries,Inc. l'
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NOTICE -
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 (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.
DISCI OURS OF EREMIUTM .
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
DISCLOSURE OF MERA7. F RTIPATION IN `PA` MENT OF TERRORISM
The United States will pay ninety percent (909/6) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Farm F7310
CONTRA COSTA COUNTY _
REQUEST FOR ROAD DaROVEMENT AGREEMENT
EXTENSION
Development Number: RA 1105
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-�:r'�;'—�;'3- and then into
X176+.3`_
1 year warrant until
Please provide your anticipated date of completion: September 2004
_.Please provide yourconstmpt on_schedule: _
N/A
Please provide us with your Federal Tape ID Number: 95-2578030
(It is mandatory that we have this rnmiber per Federal Tax Law for bonds and deposits that we refimd)
Please identify any parcel numbers and owners of lots within the development:
se additional ppagma,if necessary)
Assessor's Parcel Owner's Property Owner's Phone
Number Name Address Address Number