Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-520 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on August 16,2005 by the following vote: AYES Gioia,Piepho,DeSaulnier,Glover and unkelina NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 24fl5f X20 SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for DA 02-00017(cross-reference 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 Drainage Improvement Agreement between Shapell Industries of Northern California, a Division of Shapell Industries, Inc. and the County for construction of certain improvements in DA 02-00017(crass-reference Subdivision 95-07984), in the San Ramon'(Dougherty Valley) area,through October 1,2006; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ANTICIPATED DATE OF COMPLETION: October 2006 ♦ REASON FOR EXTENSION: The warranty is not completed. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. TR:r„t I hereby certify that this is a true and correct copy of an action taken c:�GrpData\EngSvc\B0\2005108-1"A 02-OW17 so-1 l.doc and entered'on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) Shown. Contact: Teri Rie(313-2363) cc: Public Works-T.Bell,Construction ATTESTED: AUGUST 16, 2005 T—Autust1,20,Comnunityi7evelnpment JOHN SWEETEN Clerk of the Board of Supervisors and Coup T-August i,2Ctt?b y l� t,1 Shapell Industries of Northern California Administrator I GO N.Milpitas Blvd. San Ranson,CA 94583 Attn:Sam Wordan National Fire Insurance Company of Hartford 21650 Oxnard Street,Suite 6004 By Deputy Woodland Hills,CA 91367 Attn:Pamela L.Stocks RESOLUTION NO.2005/ 520 CONTRA COSTA COUNTY DRAINAGE IMPROVEMENT AGREEMENT EXTENSION Development Number: DA 00017(crass-reference SD 7984) Developer; Shapell Industries of Northern California Original Agreement Date: October 1,2002 Second Extension New Termination Date: October 1,N05r- Improvement Security Surety: National Fire insurance of Hartford Bond Rider No. (Date): 929263041 (November 1'7,2003) Security Tyne Security Amount Cash: $ 1,000.00(1% cash,$1,000 Min.). Bond Rider. $10,800.00 (performance) $36,400.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Centra Crista County and said Surety her. b, ee die and acknowledge same. Dated: t Dated: Decennber 13, 2004 n ustr es o NorthernCa ifornia, a Ili . of Shapell Industries, Inc. FOR CON'T'RA COSTA COUNTY eveper s Signature{s) Maurice ;Shiu Public Warks Director � {'� �, � - �� By. Pri eveloper's Signatttre(s} RECOMMENDED FOR APPR AL: � 2 Ci C'c By: r Printed ``- E C (Engine ri ervic s r sion) 100 N. Milpitas Blvd. Milpitas, CA .95035 Address National Fire Insurance Company of Hartford (NOTE: IDeveloper's, Surety's and Financial Surety or Financial institution Institution's Signatures must be Notarized.) 5820 Canoga Avenue, Suite 200 1.- 91` 67 rvw.trrrrcoveo.vteuxJ.wew,w;;cm,uyeaua<I Addres 7 After Alrpravol&etrEtrrfo,C7erkpftlaeBortxrl Attorney in Facts Signature Pamela L. Stocks, Attorney--in-Fact Printed >' CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT y State of California County of Santa Claus On December 22, 2004, 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 51 subscribed to the within instrument and acknowledged to me that they executed the same r; 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. JAMIE T..KRUSE ` � �. WITNESS imy hand an official seal. Commission 1318697 [ Notary Public-California � --�'._._-- Santa Clara County My Comm.ExpkesAug 24,21305 . Signature of Notary Public Optional Information Title or Type of Document: Drainage Improvement Agreement Extension Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary ©f Shanell Industries.Inc. State of California County of Los Angeles 0m December 13,2004 before me. Sandy Harmer-Notary Public oats NAME.TITLE OF OFFICER-"JANE uut:. 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(Is)whose name(&)is/a*subscribed to the within instrument and acknowledged to me that N esfshs/* t executed the same in Chita/her/itauleir authorized capacity0se), and that by kim/her/ter signature(s)on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument: WlTNES. my hand a Iola! seat. SANDY HANNER ` Commission#13362157 ai Notary Public-California SIGNATURE OF NOTARY Los Angeles County My Comm..Exp",!tJ01+2, 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 (.. } A7TOANEY'N-FACT {_ } TRUSTEES) (.r..) GUARDIAN/CONSERVATOR OTHER DATE'OF DOCUMENT SINNER 1S REPRESENTING: NAME OF P EASON(S)OR ENTITY(IES) ,jjiatinnal Fire.Insuranre C ml2any;.of Hartford SIGNER(S) OTHER THAN NAMED ABOVE (3-107426-8 ........_ POWER OF A' ')RNEY APPOINTING INDIVIDUAL AT- 'RNEY-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 Stoeks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seat 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 16th day of April,2004. veAst}y Continental Casualty Company National Fire Insurance Company of Hartford rwrf0 American Casualty Company'of heading,Pennsylvania SEAL JULY it, Michael Genger Sent °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 swam,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 ofHartford,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. C?Ft GOZ SEAL • EI.tZA PRIG + Nsr�xr�usuo.arAre of ituxttre MARM rvco nuror�exn ONaors roe My Commission Expires September 17,2006" 41iza 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 13t day of_DP..6'.CdbQQ _ cAsu�l, , Continental Casualty Company @ ` National Fire Insurance Company of Hartford American Casualty Comany-of Reading,Pennsylvania i SEAL W&It. toot '` Q_ CA2�L� Form F6853-11/2001Mary A.R ika kis Assistant Secretary Authorizing By-Laws and Resolutionn, 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 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 attomeys-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 VicePresident or the Board of Directors,may,at any time,revoke all power and authority previously given to any attomey-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 17th 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 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 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-m-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 i7m 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,Attomeys-in-Fact to act in behalf of the Corporation in the executions 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 Attomey-in-Fact." This Power of Attorney is signed and sealed byfacsimile 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`h 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." N, TICS In accordance with the Terrorism Risk Insurance Act of 2002, we ars 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 fallowing companies (collectively the "Writing Companies") as surety or insurer: WesternSurety 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, M8QLQSUE2QF PREMIUM The premium attributable to coverage for terrorist acts certified under the,Act was Zero Dollars ($0.00); ISCLOSME OF FE—DERAL E&MCIPATIONPMENT OF TERRORISL4 The United States will pay ninety percent(90%) of covered terrorism losses exceeding the applicable''surety/usurer deductible. Farm P7310