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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-333 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 7, 2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2005! 333 SUBJECT: Approving the Second Extension of the Subdivision (Right-of-Way Landscaping) Agreement for Subdivision 95-07984,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 Subdivision (Right-of-Way Landscaping) Agreement between Shapll Industries of Northern California and the County for construction of certain improvements in Subdivision 95-07984,in the San Ramon(Dougherty Valley)area,through October 8, 2005; ! APPROXIMATE PERCENTAGE OF WORK COMPLETE: 75% ! ANTICIPATED DATE OF COMPLETION: September 2005 ♦ REASON FOR EXTENSION: The developer has not completed the improvements and the subdivision agreement has expired, IT IS BY THt BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. CM:rm G:\GrpData\Engsvc\aa\2005\06-07\.sn 95-07984 Bo-t I.doc I hereby certify that this is a true and correct copy of an action taken Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contact: Teri Ric(313-2363) shown. cc: Public Works—T.Bell,Construction Current Planning,Community Development ATTESTED: ME 07 S 2005 Shape]] Augusts,2045 Shapell lndusities of Northern California JOHN SWEETEN, Clerk of the Beard of Supervisors and County 100 N.Milpitas Blvd. Administrator Milpitas,CA 95035 Ann:S.Savage and L Gold National Fire Insurance Company of Hartford 2355 E.Catoelback Road,Ste 500 Phoenix,AZ 85016 By ,Deputy Ann:Parnela L.Stocks RESOLUTION NO.21145/ 333 CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPING) AGREEMENT EXTENSION Development Number; SD 95-07984 Developer: Shapell Industries or Northeni California Original Agreement Dnte: Oelober•8,2002 Second Extension New'l`ol-mil.ratinrl Date: October 8,2005 Improvement Security Surety: National Fite Insurance t arrxwpally=itfIlartrol-d Bond No. (Date): 929247987 (August 1.4,2002) Seeltrily'ryp Seem-Itrx Amount Cast): $26,900.00 0% cast,,S1,000 Mill.) Bond: $2,658,800.00 (Perro.rtr ince) $ 1,342,900.00( abol tllaterlitl} Tire Developer and the Surety desire this 4,reemetlt to be extended through the above date;and Contra Costa County unci said Surety hereby=agree thereto stud acknow1cdgc same. Doted: ._. _ Dated: March 28,2005 $hapell-fn—du- les Northern Cal[fornla,a Division of ShapST, trl ,ln ,a Delaware Corp. l-OR CONTRA COSTA COUNTY MA Maurice M. Shitt,Public Works fair or ' Neveloer's Signatures) Prime RECOMMENDED FOR f VAL, 17evelo •'s ature(s (Engllle Pririted i00 N Mllnitas Blvd Mllaitas CA 95035 Address�. (INIOTE. Devetolm-'s, Sm-q){ 's and Financlat National Fire insurance Company of Hartford Institution's Srgrrrtm ers must Lel t'lrvtrrri.7ed) Surelly or Financial Institution tC1R?4 APVRpYkp tixKa}.tre,ruv Cwta}4:oenset 2355 E.Camelback(toad,Suite 500,Phoenix,AZ 8501t titer lri rowel Retimy to Cea°A t+0he!3}>n}vf _p Attorney in Facts Sigrlattrre Pamela L.Stocks,Atta_nev-in•Fact, �_. Printed POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These iPresents,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 Illino 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 Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-in-Pact 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 Senior Vice President and their corporate seals to be hereto affixed on this l6th day of April,2004. OASt 1NSUR a, Continental Casualty Company V;5�,P� National Fire Insurance Company of Hartford c *FAmerican Casualty Company of Reading,Pennsylvania JU1, SEALL(k A,1®D7 Michael Gengler Sen Vice President State of Illinois,County of Cook,ss: On this 16th day of April,',2004,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 • ELIZA PRIDE NdYARY rU841Q,tfAT!8i IU..OiOW MY 00mums"vwwft OW" I ---------I _e� My Commission Expires September 17,2006 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 seal of the said corporations this 28th day of Mach ,_ QQ. _. q tr 04sUq ow Continental Casualty Company Ra National Fire Insurance Company of Hartford GOF O"Arg tiM� rra American Casualty Company of Reading,Pennsylvania r- v SEAL J{L9a 1` 1807 JtA1rrF • ` - �'CS Mary A.Rikai@kis Assistant Secretary Form F6853-11/2001 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: a,. 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 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 attorncy-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 maybe 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 VI—Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attomey-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 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 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 Compgny may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article V1 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 17a'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 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 March 28,2005 before me, Sandy Hanner-Notary Public tare NAME. TITLE OF OFFICER_ "JANE DOE. NOTARY PUBLIC- personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) ( ) personally known to me--OR -(_...,)proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) islet's subscribed to the within instrument and acknowledged to me that hefshelt#tegt executed the same in*ftlherltlx*W authorized capacity#vs), and,that by brislher/W40 signatures)on the Instrument the person(f), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNIS my hand and qfflWal seal. SANDY'HANNER _ Commission*1382157 IG Notary Public-Califorr►ie -SIGNATURE OF NOTARY Los Angelft County My Com . Jul 21 20106 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 forth. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL (.....} CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (.... ) PARTNER(S) () LIMITED ( }GENERAL (-2L) 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 France .ampany of Hartford SIGNER(S) OTHER THAN NAMED ABOVE a.«rate-8 jnr\/\/W'v'v�.,'v\tVV`. '\/\/�,�Jv\/\/Y1'4'VVh'U\''l\.N`�N+/\/�f^�M/'✓\1�.+1,MlV\.:✓�,'�.h.'V\.V✓�/`✓\.'u1!\/w/•✓�t✓\n/W\'�/�'\/�.4'V�!�\/\/\/\/\T./vVl/\.n✓�J\.NT i7^v\/�f'�.h.i\�;\iv/v'v'\✓\✓\/�`.N4�r�_.�.^v\'\/\+'�'\+\.'v\/v^✓W\^.N.n,v\r\.�v\nJv\/�/\,�✓\✓W�.\M/\,-✓l,'.'vvv�Jv"wrv'�'Vv\/\.^v^.1v�.nr^W\�\Jwv\V\ry�.v'✓\.v.^.NW�.�;�,rw\+� S f CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT ys State of California County of Santa Clara On March 30,2005,before me, Janice T. Kruse,Notary Public personally appeared Robert D.Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same s in their authorized capacities, and that by their signature on the instrument,the persons or < the entity upon behalf of which the persons acted, executed the instrument. <t 4> JANICE T.KRUSE > c _ Commission# 1318697 Notary Public Cali€otnia WITNESS my ha and official seal. s Santa Clara County q&IMY Comm.Expires Aug 24,209 W 1� _ _ 1 �• Z __ , s Signature of Notary Public Optional Information Title or Type of Document: Subdivision (Landscaping)Agreement Extension SD 9507984 s> C� C; �j s Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of <s Shapell Industries,Inc. l5 , w� {y e\ 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 ,Banding Company of America, Continental Casualty Company, National Fire Insurance Company of Dartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE-OF PREMIUM[ The premium',attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). FEDERAL PART-I-CIPATION I P OF TERRORISM LOSSES The United States will pay ninety percent (900) of covered terrorism losses exceeding the applicablesurety/insurer deductible. Form F7310