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HomeMy WebLinkAboutMINUTES - 03202001 - C.15 C, 16 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 8135, 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 Shapell Industries of Northern California and the County for construction of certain improvements in Subdivision 8135, in the San Ranson area, through February 2, 2002; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 90% ♦ ANTICIPATED DATE OF COMPLETION: May 1, 2001 ♦ REASON FOR EXTENSION: Working on punch list. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. G:\Grpoata\Engsvc\BO\2oo1\BO 3-20-01.doc I hereby certify that this is a true and correct copy of an 1C:lap action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: Teri Rie(313-2363) cc: Public Works-R.Bruno,Construction Current Planning,Conurrunity Development ATTESTED: March 20, 2001 1 Cbriss TrucTrucbtidgc,Sam Wordcn&Steve Savage JOHN SWEETEN, Clerk of the Board of Supervisors and Ch Shapell Industries of Northcm Califomia County Administrator 100 Nortlt Milpitas Blvd. Milpitas,CA 95035 American Casualty of Reading,Pennsylvania 21650 Oxnard Street By , Deputy Woodland Hills,CA 91367 SUBDIVISION AGREEMENT EXTENSION Contra Costa County Development Number: Subdivision 8135 Developer: Shapell Industries of NorthernCalifornia Original Agreement Date: February 2, 1999 2nd Extension New Termination Date: February 2, 2002 Improvement Security Security Type Securitv Amount Cash: $ 17,400.00 (1% cash, $1,000 Min.) Bond: $ 1,717,200.00 (Performance) $867,300.00 (Labor& Material) Bond No. (Date): 190523772 (December 17, 1998) Surety: American Casualty Company of Reading,PA 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:_ Z-a�o Dated: Feurualy 15, 2001 FOR CONTRA COSTA COUNTY Maurice M. Shiu, Public Works Dire or De.e p ;sSi a re(s iel W. cock, V.P. B C. Tru Y: ebridge, sistant Secretary Printed RECOMMENDED FO=K-L L: Address By: American. Casualty Company of Reading, PA (Engineerin Ser s o C Surety or Financial Institution /-21650 d Street, Woodland Hills, CA 91367 Address -) (NOTE: Developer's, Surety's and Financial Institution's Signatures must be Notarized.) Attorney in Facts Signature FORMAPPROVED: Victor J.Wcstnix,CountyCourocl Pamela L. Stocks Printed After Approval Return to Clerk of the Board State of CALIFORNIA County of LOS ANGELES On February 15, bef2001 ore me, Sandy iianner - Notary Public Date NAME, TITLE OF OFFICER., 'JANE DOE. 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(s) whose name(o is/smsubscribed to the within instrument and acknowledged to me that bLedshe/mega executed the same in his/her/ti atc authorized capacityom* and that by I I�/her/Werr signatureW on the instrument the person(4), or the entity upon behalf of which the person(o acted, executed the instrument. a aa SANDY HANNIR WITNE S my hand and officia seal. _ Commission#1188693 Z Notary Public-California X, z@My Los Angeles County SIG ATURE OF NOTARY Comm.Expires Jul 2,2002 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 (x) ATTORNEY-IN-FACT (_) TRUSTEE(S) (_) GUARDIAN/CONSERVATOR (—) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Casualty Company of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE G-107426-8 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 Pamela L. Stocks, Individually of Sherman Oaks,California 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 23rd day of February 1 1999 CONTINENTAL CASUALTY COMPANY G �(T HQ`s tiNsflRNATIONAL FIRE INSURANCE COMPANY OF HARTFORD F coppoatre 6� 0 � ` pq q AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA n / Z Jr.rT i �u�r 11 � SEAL A", 60 1897 Baa • Marvin J.Cashion Group Vice President State of Illinois, County of Cook,ss: On this 23rd day of February 1999 , before me personally came Marvin J. Cashion,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. Jo q� NOTARY PUSUC Cook(p•• My Commission Expires March 6,2000 Mary Jo Abel 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 15th day of February 2001 . CONTINENTAL CASUALTY COMPANY G ��ry � �R�c� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD coa�Mure �S n ` �ppq� c AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA a `� JULY 71, J SEAL `=� < y 1902 1 C/Ic 1897 NAtt1F • Mary A. Ribikawskis Assistant Secretary (Rev.10/1/97) 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 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 attomeys-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 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 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 W--Execution of Obligations and Appointment of Attorneyan-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 attomeys-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 thereto.The President or any Executive, Senior or Group Vice President 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 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 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 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,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." • r Y CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California OPTIONAL SECTION Santa Clara County of CAPACITY CLAIMED BY SIGNER On 2/21/01 .before me, Linda A. Fluken, Notary Public Though statute does not require the Notary to till DATE NAME,TITLE OF OFFICER E.G.,-JANE DOE,NOTARY PUBLIC- in the data below,doing so may prove invaluable personally appeared Daniel W. Hancock and J. Christian Truebrldae to persons relying on the document. NAME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL ❑ personally(mown to me-OR-10 provided to me on the basis of satisfactory evidence to ❑ IR CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and acknowledged to me that he/she/they executed ❑ ❑ PARTNER(S) ❑ 13 LIMITED LINDA A.FLUKEN the same in his/her/their authorized Commltslon#1159W capacity(ies),and that by his/her/their ❑ 13 GENERAL ❑ ❑ ATTORNEY-IN-FACT Z Notary KWC-Calitorn1 signature(s)on the instrument the person(s)or Z ' — the entity upon behalf of which the person(s) ❑ ❑ TRUSTEE(S) sonto Clara County acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR My Cornrrl.6pft0Ct23 2001• ❑ ❑ OTHER: q"WW ESS hand Q o s SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) SIGNATU OF N, O acknowledged tome that such corporation executed the 'thin instrument pursuant to its by-laws Shapell Industries, Inc. or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE 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 INSTRUCTIONS 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. III. 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. IV. 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 NCNAn Assistant Secretary c The Chief Financial Officer 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 r power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors."