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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-525 THE BOARD OF SUPERVISORSOF CONTRA. COSTA COUNTY,CALIFORNIA Adopted>this Resolution on August 16,2005 by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None �ES4I..UTI01�1 IYO.�� / .5 SUBJECT: Approving the Second Extension of the Road Improvement Agreement for RA 02- 01130(cross-reference 2-01130'(cross-reference Subdivision 95-07976),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 Improvement Agreement between Brokfield Ambridge, LLC and the County for construction of certain improvements in RA 02-01130 (cross-reference Subdivision 95.07976), in the San Ramon(Dougherty Valley) area, through February 25, 2007; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95°/0 ♦ ANTICIPATED DATE OF COMPLETION: February 25,2007 REASON FOR EXTENSION: The improvements are not complete, IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED I hereby certify that this is a true and correct copy of an action taken TRiTn and entered on the minutes of the Board of Supervisors on the date C:\GrpData\EngSvc\BO\2005\08-16\RA 02-01130 BO-1].doe shown. Originator: Public Works(ES) Contact: Teri Rie(313-2363) ATTESTED ALUJST 16- 2(0)(n)fi_ cc: Pudic Works-T.Bell,construction JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Community Development Administrator T-December 25,2005 Brookfield Ambridge,LLC 5960 Inglewood Drive,Ste 200 Pleasanton,CA 94588 An C Kevin oa By _- r � ' rj , Deputy American Casualty Company of Reading;'FA �` CNA Plaza,13 South Chicago;IL 68685'' Aun:Virginia Copland RESOLUTION NO.2005/ Ud CONTRA COSTACOUNTY ROAD IMPROVEMENT AGREEMC NT EXTENSION Development Number. RA 02-01130(cross-reference SD 7976) Developer, Brookfield Ambridge.,L.L.C. Original Agrreer 4eut Date: February 25,2003 Second Exteuslo►Now Termination Date. February 25, Improvement:Security Surety;' American Casualty Co.of Reading,P'A, Bond No.(Date):' , 58606848(January 20113) Sec><xrittE Type Security-Amount Cash: S 8,930.00(1% cash,$1,000 Min.) Bonds S 884,070.00'(Performance) S 446,500.00 (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 ed- (41W FOR CONTRA COST,, COUNTY ohn J. Ryan Maurice Shia,Public Works Dixeotar President Developer's SignaWj(t�ebkeman RF-COMMENDED FOR Ala" AL: Mice President . Chief Financ;iat Officer By Printed (Engin ` ' Servic s Division) Address American Casualty Company of Reading, Pennsylvania (NOTE: Developer%, Surety's and Financial Surety or Financial Institution Insr Uution is Signamres must be Notarized.) CNA Plaza, 13; South, Chicago, TL 60685 MMA"fovflo;vicw3 Address At w aymmd&Orn to Clerk'Ef the ltno�rf Attorney in Facts Signature Printed Helen Tomlinson POWER Ullf''ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All hien 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 organizedand 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 David Slade,Joan'Cummings,Helen Ton-dinson,Individually of London,ON,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 bunds,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 7th day of January,2005; ttt oR Continental Casualty Company h National Fire Imurance Company of Hartford o +p *r �+ t�9roaorfa American Casualty Company of Reading,Pennsylvania AXY IL , u SEAL `r ?897 `� JfAil'�'� • ,'^ Michael Crengler Sen.Vr Vice President State of Illinois,County of Cook,ss: On this 7th day of January,2005,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 ILIZArJftr- t'titCB s arti� WdOMi�+O ares+ds mr raw ewwo;ournw Vj 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 L�prin n the everse hereof' 11 in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this day of G enstrtt� ttstrContinental Casualty Company National Fire Insurance Company of Hartford oware �pcoaeeaorro American Casualty Company of Reading,Pennsylvania o� ruIU.SEAL '�+ Mary A.Rtikafjkis Assistant Secretary Form F685 3-11/2001 Authorizing By-Lavas 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 o f Attorney-in-fact. The Chairman o f 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,shalt 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 17uday 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 o n any p ower o f a ttorney granted p ursuant to S ection 3 o f A rticle IX o f the By-Laws, and the si gnature of the S eczetary or.an A ssistant 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." ADOPTER 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-Jia—Fact Section 2. Appointment of Attorney'-in-fact. The Chairman o f the B oard 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 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 o n a ny p ower of a ttorney g ranted p ursuant t o S ection 2 o f A rticle V I o f the B y-Laws, and the si gnatnre o f t he S ecretary o r a n A ssistant 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 actin 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 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 17u`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." 'eit:l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r _ - ,��¢�i^t^r.",Y*-.�?'r,C�*.-��rrr�-r"� �.+ C-�z�.Farre+.�-•�.iar-aac�'-,�'.c�.�rr+rSr�+r r"7, ,�'+.r� State of California ( ss. ; County of On g rtle B t IZX�8 before me. " Date Name an tfe of Officer(e.g.." ne Ooa,.Notary Public,) personally appeared ni Nams(s)of Signer(at '54 personally known to me ❑ proved to me on the basis of satisfactory evidenceKELLEY ' NKE to be the person(s) whose name(s) is/are Commission#�1I 224 subscribed to the within, instrument and Notary Pubilc-Catlfornia acknowledged to me that he/she/they executed Alameda County the same'' in Hafhesr/their authorized MyComm.FXutasAUy5,2005 capacity(ies), and that by his/her/their signature(s)'on the instrument the persorl or the;entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. t d Sighdfu of taryPutilic' OPTIONAL Though the information below is not required by law,it,may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. T i Description of Attached Document #�,, _ t ( i Title or Type of Document: TlY w lb d�CSs C bpi 1 W (bvK Document Date: 1 ' Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: ; e n 13 Individual Top of thumb dere ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ? 01999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402 Chatsworth,CA 81323.2402•www.nationatnotary.org- Prod No,5907 Reorder:Cali Toll-i=lea t-800-876:-6827 ACKNOWLEDGEMENT OF CORPORATE SURETY To be attached to and form part of Bond No. 58606848 Province of Ontario County of Middlesex , to wit: On, May 26, 2005 before me Kq 0�c� �. ��~� Notary Public, personally appeared,''Helen Tomlinson , Attorney in-Fact for American Casualty Company of Reading, Pennsylvania, personally known to me to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the'person(s) acted, executed the instrument. WITNESS my hand and seal. Signature _ Notary ublic MY Commission Expires. ; '� This area for official seal