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HomeMy WebLinkAboutMINUTES - 03202001 - C.11 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 20, 2001 by the following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None SUBJECT: Approval of the Second Extension of the Subdivision Agreement for Subdivision 7578, San Ramon area. The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement between James W. Boyd, Toll Land XXII Limited Partnership, a California Limited Partnership and the County for construction of certain improvements in Subdivision 7578, in the San Ramon area, through April 20, 2002; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 74% ♦ ANTICIPATED DATE OF COMPLETION: Febuary 28, 2001 ♦ REASON FOR EXTENSION: Awaiting EBMUD pipe construction before paving road. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. Ci:'Cirf�l)ata�.F.nbS�•c\BO'`•2001\BO 3=?0-20I hereby certify that this is a true and correct copy of an , 1C:Iap action taken and entered on the minutes of the Board of Originator: Public Works(LS) Supervisors on the date shown. Contact: Rich Lierly(313-2348) cc: Public Works-R.Bruno.Construction Current Planning,Conunuoity Development ATTESTED: March 20, 2001 T-2 X0-02 James W.Bova JOHN SWEETEN Clerk of the Board of Supervisors and '1'011 Land X`(II Limited Partnership. County Administrator a California Limited Pamcrship 2100 West Orangewood Ave.,Ste. 180 Orange.CA 92868 National Fire Insurance Company By—4 , Deputy ot-Hartford P.O.Box 8286 Philadelphia,PA 19101 SUBDIVISION AGREEMENT EXTENSION Contra Costa County Development Number: Subdivision 7578 Developer: Toll Brothers,Inc. Original Agreement Date: April 20, 1999 1°°Extension New Termination Date: April 20, 2007. G Improvement Security Security Type Securitv Amount Cash: $23,700.00 (1% cash, $1,000 Min.) Bond $2,349,000.00 (Performance) $1,186,400.00 (Labor& Material) Bond No. (Date): 190536764 (October 26, 1998) Surety: National Fire Insurance Company of Hartford The Developer and the Surety desire this Agreement to be extended through the above date; and Contra Costa County and said Surety (or Financial Institution)hereby agree thereto and acknowledge same. Dated: �'I /�I Dated: FOR CONTRA COSTA COUNT Maurice M. Shiu, Public or ire or veloper's ignatur (s) Printed RECOMMENDED FOR APPR Address By: NATIONAL FIRE INSURANCE COMPANY OF HARTFORD (En gi Aerin t7er D vision Surety or Financial Institution P 0 BOX 82-86, PHILADELPHIA PA 19101 Address (NOTE: Developer's, Surety's and Financial Institution's Signatures must be Notarized) Attorney in Facts SlAmfure FORM APPROVED:\'inar J.Wesmmi.Cuunly Counsel DANIEL P. DUNICAN Printed After Approval Return to Clerk ofthe Board r R I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of' L W OPTIONAL SECTION County of V� CAPACITY CLAIMED BY SIGNER On d—' 0 1 ,before me,A 1 WJA (N't *` / 0b hough statute does not require the Notary to rill DATE _..T pE,TITLEOFOFFICE -.G,,(',JANE DONEE,,NOTARY PUB C" in the data below,doing so may prove invaluable personally appeared / I V` VVI //��t , , J • //�,,' CL_, to persons relying on the document. NAME(S)OF SIGNER(s) F1 ❑ INDIVIDUAL personally known to me-OR-S] provided to me on the basis of satisfactory evide ce to ❑ ❑ CORPORATE OFFICER(S) I be the person(A whose name(��are._ Trrt.E(S) _ subscribed to the within in r(iment and -` -'' acknowledged to me that�shr/thry executed H ❑ PARTNER(S) ❑ ❑ LIMITED NANCY MICHELLE _ SUOM the same in i orized ❑ ❑ GENERAL CO� "WIX1$1 818 ca acy( day - -FACT signature(Xon the instrument the person or hm-Caft b 0 ❑ TRUS'fEE(S) Corft Costo cmvwf the entity upon behalf tr which the person(sl C ❑ GUARDIAN/CONSERVATOR acted,executed the instrument. Ll ❑ OTI IER: 11AyCOI 1It Elm WA td,,2W IT NESSr han4'nd o f•ial al, SIGNER IS NE PRESENTING: {NAME OF PERSON(S)OR ENrITY(IES)) S NATURE OF NOTARY ❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL,SECTION TI IIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO ['HE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form 1NSTRUCTiONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS - The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. 111. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. TV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers, one from each of the following two groups: GROUP 1. (a)The Chair of the Board �b)The President c)Any Vice-President GROUP 2. (a)The Secretary ((b)An Assistant Secretary c)The Chief Financial Officer (d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group, must contain the following please: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." GALIF,nRN1A ALL-PURPOSE ACKNOWLEDGMENT No..5907 State of PENNSYLVANIA County of CHESTER ARLENE OSTROFF On FEBRUARY 8, 2001 before me, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER.E.G..-JANE DOE,NOTARY PUBLIC' personally appeared DANIEL P. DUNIGAN NAME(S)OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persor4Qxwhose nameW islom subscribed to the within instrument and ac- knowledged to me that he/mak= executed the same in hisjffi� � authorized capacity, and that by his0wtKx signature(# on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand a d official seal. NUARIAL SEAL ARLENE 05i?^FF, ,Iotary Public r^a�ll,Ch S; rCoulity,'4 GNATUREOF TARY My Commission EVfles November 22,2004 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 OR TYPE OF DOCUMENT TM-E(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTnY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park.CA 91309-7184 Y POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety 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 signature and seals herein affixed hereby make,constitute and appoint William F.Simkiss,John R.Waite,John A. Simkiss, Ili,Daniel P. Dunigan, Richard J. Decker, Individually of Paoli, Pennsylvania 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 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 are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,duly adopted,as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 17th day of November 2000 ... . .. .... ... CONTINENTAL CASUALTY COMPANY C.ASIM�.r:::::. INSURI NATIONAL FIRE INSURANCE COMPANY OF HARTFORD fi AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA CORPOAATF ..,091WOP4tro s. ....... .... . ..JULY 71..:... : ... . ( . ..897... .. .. .::• Michael Gengler Group Vice President State of Illinois,County of Cook,ss: On this 17th day of November 2000 ,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 Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA 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" DIANE FAULKNER • No"Pablo.$tats of Illinois • •SOM,Cn. 40.Inin ExpUss 9117/01 0 My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE I,Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA 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 each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 8TH day of FEBRUARY 2001 . ........... . GAStdq .:... 04SUR .. & .... CONTINENTAL CASUALTY COMPANY ,spy fir} �r q1n NATIONAL FIRE INSURANCE COMPANY OF HARTFORD Q� AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA POFIq g 00R,DfEOT� Z...:::.:................ _ :... .:. �. ...fes ��:...: � IfAR�" :... .. •........ ary ibikawskis Assistant Secretarf (Rev.10/1/97) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: I 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. I "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 thereto.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." I 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. I "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 suchlpower 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. I 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 W-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-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 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 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 17th day of February, 1993. I "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." I . I � .i CNA INSURANCE COMPANIES NATIONAL FIRE INSURANCE COMPANY OF HARTFORD STATEMENT OF ASSETS AND LIABILITIES December 31, 1999 ASSETS: Cash $ 1,789,619 Short-term investments(principally U.S.Government Obligations) 397,851,712 United States Government obligations 1,191,321,277 Other public bonds 303,986,486 Industrial and miscellaneous bonds 366,820,671 Preferred stocks 0 Common stocks of affiliated companies 328,764,471 Other common stocks 0 Real Estate 0 Premiums and agents'balances in course of collection 136,438,655 Premiums,agents balances and installments booked but deferred and not yet due 54,658,015 Accrued retrospective premiums 54,225,152 Accrued interest dividends and rents 23,415,012 Other Assets (30,005 582) Admitted Assets $ 2,829,265,488 LIABILITIES: Unearned premium reserve $ 272,277,209 Reserve for loss and loss adjustment expense 1,295,926,136 Reserve for taxes,licenses and fees(including federal income taxes) 8,101,937 Other Liabilities 456,737,153 Total Liabilities $ 2,033,042,435 SURPLUS: Capital paid up($2,000.par value) Shares authorized: 2,000,000 issued: 2,500 $ 5,000,000 Surplus 791,223,053 Surplus as Regards Policyholders 796 223 053 Total $ 2,829, 5,488 State of Illinois ) )ss County of Cook) On this 30th day of April,2000,before me came John M.Squarok and Jeffery C Alton,known to me personally to be the Group Vice President and the Assistant Secretary,respectively,of the National Fire Insurance Company Of Hartford being fully sworn,certify and attest that the foregoing statement is a true and correct statement of the assets and liabilities of the said company as of the dOW44awrCin the stat ent. Jeffery n As istan ecretary M.Squat,Gr p Vice-President ••.•.•• Notaublic • OFFICIAL SEAL'�••oo� NOOMAS A. LWJGHHETEE o. M PU131IO SW OF ILLI[Vol • Y Comm'oe.Expire;Oct. 14,2001 00.00•••0