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MINUTES - 05152001 - C.9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 15, 2001 by the following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover & Uilkema NOES: None ABSENT: None ABSTAIN: None SUBJECT: Approval of the Second Extension of the Road Improvement Agreement for RA 1032, Norris Canyon Road, San Ramon area. The Public Works Director having recommended that lie be authorized to execute the second agreement extension which extends the Road Improvement Agreement between Toll Brothers, Inc. and the County for construction of certain improvements in RA 1032, Norris Canyon Road, in the San Ramon area, through April 20, 2002; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 90% ♦ ANTICIPATED DATE OF COMPLETION: September 1, 2001 ♦ REASON FOR EXTENSION: Must apply final rubberized asphal lift in the summer 2001; right of way acceptance required; sign off of grant deeds by one owner. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. ' I hereby certify that this is a true and correct copy of an action taken c:\GrpData`•.e,,;S%cV30`,20011.I10 5-15-01.doc and entered on the minutes of the Board of Supervisors on the date JC:lap shown. Originator: Public Works(FS) Contact: Teri Ric(313-2363) ATTESTED: May 15, 2001 cc: Public Works-R.Bruno,Constnution JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning.Community Development Administrator 'I—'_-20-2002 Toll Brothers,Inc. 3103 Philmont Avenue I luntingdun Valley,PA 19006 Kalional Fire Insurance Company of Hartford By Deputy P.O.Box 8286 Philadelphia,PA 19101 Toll Brothers Inc.,CA DIV-North 1501 Bollinger Canyon Road,Ste.B San Ramon.CA 93553 ROAD IMPROVEMENT AGREEMENT EXTENSION Contra Costa County —� Development Number: RA 1032 Developer: Toll Brothers,Inc. Original Agreement.Date: April 20, 1999 2nd Extension New Termination Date: April 20, 2002 Improvement Security ISecurity Tvpe Security Amount Cash: S 28,300.00 (1% cash, $1,000 Min.) Bond: 5 2,800,000.00 (Performance) S 1,400,000.00 (Labor & Material Bond No. (Date): 190402336 (July 27, 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: /ls/� Dated: 4/5/01 N FOR COIN7RA COSTA COUNTY Maurice M. Shiu,Public W ks ct D eloper's Signature s) By: (�/ James W. Boyd Printed 2100 W. Orangewood; Orange CA 92868 RECOMMENDED FO PROVAL: Address P,y: NATIONAL FIRE INSURANCE COMPANY OF HARTFORD (En,ff er e •c s Division) Surety or Financial Institution P 0 BOX 8286, PHILA. , PA 19101 Addres (:VOTE: Developer's, Surety's and Financial Institution's Signatures must be)Votarized.) Attomey in Facts Signa e FORM VPROVED:vi—r1.Wwmu.C.=,%CJ.Qscl DANIEL P. DUNIGAN Printed I flor Approval Rerurn to Clerk ofrl,e RoarQ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On L4'6 • � � , before me, &�4 z I Date Nam,and Title fficer(e.g.,"Jan Doe,Notary Public') V personally appeared JM e� Name(s)of Signer(s) personally known to mei proved to me on the basis of satisfactory evidence f� to be theperson whose name I are' subscribed to the with instrumeand ' acknowledged to met tinstrumentshetthey executed Iti the same in is authorized NANCY MICHELLE SUDMAN capacity(ie •, and. that by �/ _@*Comm. COmfftftn#1256815 signature(j) the instrument the person( , o Nway N lie-cditmb the entity upon behalf of which the person( ) Conflro Cosh CaLmV acted executed the instrument. :L Evh x Mor6.?�4 WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public I• I 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. i- Description of Attached Document Title or Type of Document: I Document Date: Number of Pages: Signer(s) Other Than Named Above: 21 I Capacity(ies) Claimed by Signer Signer's Name: ` C Individual Top of thumb here L Corporate Officer—Title(s): ❑ Partner—L. Limited LI General Phi I F__ Attorney in Fact FJ Trustee Guardian or Conservator , i L . Other: Signer Is Representing: Q 1999 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•w .nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876.6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of PENNSYLVANIA County of CHESTER ARLENE OSTROFF On APRIL 5, 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 person whose name(q) iskm subscribed to the within instrument and ac- knowledged to me that he/MuAba executed the same in hisJffiig60ja6f authorized capacity(toM, and that by him txx signature(# on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NOTARIAL SEAL WITNE S my hanofficial seal. ARLENE OSTROFF.Notary Public Paoli,Chester County,PA My Commission E*ires NoYember 22,2004 SIG ATURE OF ARY 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 TITLE(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 ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 THE CONTINENTAL INSURANCE COMPANY STATEMENT OF ASSETS AND LIABILITIES December 31, 1999 ASSETS: Cash S 32,829,898 Short-term investments(principally U.S.Government Obligations) 132,948,529 United States Government obligations 226,362,206 Other public bonds 92,458,765 Industrial and miscellaneous bonds 96,873,986 Preferred stocks 400,000 Common stocks of affiliated companies 428,355,778 Other common stocks 29,280,661 Real Estate 133,396,298 Premiums and agents`balances In course ofcollection 59,374,811 Premiums,agents balances and installments booked but 22,311,051 deferred and not yet due 1654,860 Accrued retmpecgve prenuunu 4,685,620 Accrued Interest dividends and rents 461,38962 9 Other Assets Admitted Assets LIABILITIES: Unearned premium reserve $ .{ 97,573,339 Reserve for lass and(ass ad{`ustmentd�eens�ee 793A92,SSB Reserve for taxes,licenses and fees onclud'nng federal Income taxes) 12,461,665 Other Llabi(iities 97 29 064 Total Liabilities S 1 A00, 56, 26 SURPLUS: Capital paid up($S.00 par value} Shares authorized: 10,713,272 Issued: 10,713,272 $ 733,861,205 Surplus 3,804,461- Surplus as Regards PaGcyhotders 7377,665,6666 Total Failure of Iters to add to totals shown Is due to rounding State of L ut* ) )ss County of Co* On this 30th day of Apa 2000,before me came Sohn K Squawk and Seff Q Alton,known to me personally to be the Croup Vice President and the AssktantSe CW!Yi r ,of the C1onturental insura mCompany bektgfully vmm,cerCdyand attestthatthe foregoing statement Is a true and eonectstatement of the sssets avid CsabMdes of the said company as of the d In the statement UM UP nasi ant !!!!+!!!!!!!!!+t!!!!!!!!4 otryu -OFFICIAL. SEAL" THOMAS A. DAUGHHETEE KOTARY PUBLIC,STATE OF ILLINOIS My Commisdon Exptras Oct.16,2001 J ROAD IMPROVEMENT AGREEMENT EXTENSION Contra Costa County Development Number: RA 1032 Developer: Toll Brothers,Inc. Original Agreement.Date: April 20, 1999 2nd Extension New Termination Date: April 20, 2002 Improvement Security Security Tvpe Security Amount Cash: S 28,300.00 (1% cash,$1,000 Min.) Bond: S 2,800,000.00 (Performance) S 1,400,000.00 (Labor& Material) Bond No. (Date): 190402336 (July 27, 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 a ow edge same. Dated: ` �J�y Dated: i l�SG; FOR CONTRA COSTA COiJN Maurice M. Shiu,Public Works it ctor eveloper's Signature( ) By: HW Michael S. O'Hara, Assistant V.P. Printed 100 Park Place, Suite 140, San Ramon CA RECOMMENDED FOR APPROVAL: Address 94583 By: (Engineering Services Division) Surety or Financial Institution Address (NOTE: Developer's, Surety's and Financial .Institution's Signatures must be Notarized) Attorney in Facts Signature POJU4 APPROvpp:view J.WMM.CaMN C.Nwel Printed After Rorova/Return to Clerk ofthe Hoard CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r .—. c�Y .. State of California C � � C���� 'I I' County of i ss. On ! before me, Date a and Title of 0 icer( mg.,"Jane Doe,Notary Public') I .5personally appeared Narne(s)of Signer( ) .I t personally known to me EJ proved to me on the basis of satisfactory evidence I I to be the person( whose name() are rl subscribed to thywithin instrumenYand acknowledged to me hata heAhey executed the same in hi' heir riz oed --=- capacity(i/), an that by his er/their NANCY MICHELLE SUDMAN signature) on the instrument the persos), or Comrn�on l?5b61S the entity upon behalf of which the pof �t00061O C acted, executed the instrument. MyCorrnrt.B�lesMQ6►� I —" WITNESS my hand and official seal I VIN 1 Place Notary Seal Above Signature Zff Nota ublic II 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. I Description of Attached Document Title or Type of Document: I •I Document Date: Number of Pages: Signer(s) Other Than Named Above: I� ig Capacity(ies) Claimed by Signer Signer's Name: Ll Individual Top of thumb here IA Corporate Officer—Title(s): _ I 7 Partner—rl Limited L General 17 Attorney in Fact A Trustee 71 Guardian or Conservator l i, EJ Other: I� I Signer Is Representing: l.'I i' 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Insurance Company and Firemen's Insurance Company of Newark, New Jersey (herein called"the CIC 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 William F. Simkiss,John R.Waite,John A. Simkiss, III;Daniel P. Dunigan,Richard J. Decker, Individually of Paoli, Pennsylvania their true and lawful Attorney(syin-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 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 CIC Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 21st day of December,2000. •�;t•i h sv•,• �crriNr o AF Continental Insurance Company Firemen's Insurance Company of Newark,New Jersey ay Baa. s��3•.. +�♦A Michael Genglef Group Vice President State of Illinois,County of Cook,ss: On this 21st day of December,2000,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 Group Vice President of the Continental Insurance Company and Firemen's Insurance Company of Newark,New Jersey 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 • eo�r,.ww my P16% of ON" - oil1 •• ZZ •NN••••H•••••••••H•••S My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE I,Mary A. Ribikawskis,Assistant Secretary of the Continental Insurance Company and Firemen's Insurance Company of Newark, New Jersey 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 5TH day of APRIL 2001 r� m: :, �`• '�f Continental Insurance Company Firemen's Insurance Company of rk,New Jersey •,�,y� dad ~3ljf.. ..��Sr'�� • ry .Ribik wskis Assistant Secretary (Rev. 10/16/2000)