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Home My WebLink AboutMINUTES - 01242005 - C2 T0-0 BOARD of SUPERVISOR FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR LATE: January 24, 2006 SUBJECT: Approving the Second Extension of the Subdivision:(Right of Way:Landscape)Agreement for RA 98-0 1082, San: .anion(Dougherty "ale area, (District III), SPECIFIC REQUEST(S)QIP RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION ARE C OMME DA `ION ADOPT Resolution No. 2006' for RA 8-01082,approving the Second Extension ofthe Subdivision dight of Way Landscape)Agreement for project being developed by Shapell Industries of orthern California,San Ramon (Dougherty Valley)area. (District III) FISCAL IMPACT None. BACKGROUND/REASONJS) FOR RECOMMENDATION(S): The Right of Way:Landscaping Agreement;has expired and warranty period has not been completed. CONSE UENCES OF NEGATIVE ACTION. The Right of Way:Landscaping Agreement will not be renewed. Continued ttachent:» I ATURE OMMENI ATIO of COUNTY'I'Y ADMI I TRAT R „ RECOMMENDATION ATION of BOARD COMMITTEE .4.o.-APPROVE OTHER GNATU E ACTION of B ON V" C�' "' '' APPROVED E AS RECOMMENDED NDE OTHER vosL1PRvoR I hereby certify that this is a true and correct UNANIMOUS{ABSENT .- copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN. date shown. xY:nn G.\Gr Dat`rEn,gSvc\BO12U+Q601-24' A 98-01082 BO-1 l.dc Originator: Public Works(ES) ATTESTED: P7�� Contact: Teri Ric'313-236 JOHN SWEETEN, Clerk the Board of cc. Public Warks--T.Bell,Construction Servisors and.County Administrator Current.Planning,Carmnunrty Development UP T--October 17,2006 Shapell Industries 100 N.Milpitas Blvd, Milpitas,CA.95035 � Deputy American Casualty Company of Reading,PA �' � y 2355 E.Camnelback Rd.,Ste 500 Phoenix,AZ 95016 Tn� BOARM OF SUPERVISORS OF CONTRA►.COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 24, 2006 by the following vote: AYES Ui kema,Piepho,DeSau n er,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 20061 � SUBJECTApproving the Second Extension of the Subdivision (Right of Way Landscape) Agreement for RA.98-01082, 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 Subdivision .fight of Way Landscape)Agreement between Shapell Industries of Northern California and the County for construction ofcertain improvements in RA.98-01082, n the San Ramon( valley) area, trough September 21,2006; APPROXIMATE PERCENTAGE OF WORK COMPLETE: o% ANTICIPATED DATE OF COMPLETION.- September 21, 200 ► REASON FOR EXTENSION The Right of Way Landscaping Agreement has expired.. IT IS BY THE BOARD RESOLVED that the recommendation of he Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken JY:rm and entered on the minutes of the Board of Supervisors on the date G.\GrpData\EngSvc1130\2006\01-24\RA 98-01082 BO-11.doc shown Originator: Public Works(ES) Contact: Ten Ric(313-2363) ATTESTED: oe a P ��-T.Bell,Construction SWEETEN, Clerk cif e Board of Supervisors and County Current Planning,,Commmity Development Administrator T-October 17,20€6 ShapellIndustries 1003 N.Milpitas Blvd, Milpitas,CA 95035 American Casualty Company of Reading,PA By ,Deputy 2355 E.Carnelback ltd.,Ste 500 Phoenix.,AZ 95016 CONT UO. S TA 000N e1%SUDUIVI1IRSIO (RIGH' "'SION "w`�.F-W LAN�+ � ��! AGRE"A ENT E,.*xt"E"LIN elopm, RA 98, 01082 Developer Shape]-,I .n, a °� s northern Ca nii org . A ygrnten Dates September 2.., . 2nd ExtenAlon Nems,TerminationDated September 2 ,2006 Improvement Secy SURETY. m rica Casualty Comp n �of Reading,P BOND NUMB,ER No, (!aye)* 929 097 489(8/31/9�) Se ,; T Scuq Amount Cash: S 1:P00.00( %cash,S1,000,Min.) Bond Rider. S 28,440.0.0 m S 95,800.00 Lab & M,a er a Tlie Develloper and the sti ety desire flea AgTeenient to be extended througli the above dater;and Contra Costa County :and said st mt herebragroel lo*reto and acknowledge. ,Dated: Dated.- 29, 2005 ShapellInd � them alifomia OR CONTRA COSTA OUN" .' Tlopees Signature Meer M: Shiu,Public Works ' Vt B Pflinted v x De v S*� nature(s): RECOMMENDED R:APS VAL By*,- Printed (Eng 11 � o f 100 d1pita Blvd. Milpilta' st CA 95035 Address Amrican CasualtyCompany of Read3'110r PIA (NOTE: Develd e*''s, Si trr 4 Surety ,r fit.an al :�s ttifion E. Camelback Road, Suite 500 pl� AZ 501L4 Es Attorneyss Address pra /Regry to C'10*92L 00 n:facts S gnatu.i' Pamela L. Stocks Prl*nted POWER OF ATTORNEY A.PPOINTING INDIVWUAATTORNEY-IN-FACT Know All Meo By These Presents,That Continentalcasualty Company,an Illinois orpolu, cin,rational PineInsurance Company of Hartford,a ut onnecticcorporation,and American CasualtyCompany of Reading,,Pennsylvania,a Pe ns Ivanis corporation(herein called`'`the CNA Companies"), are duly organized and existing corporations having their principa offices in the City of Chicago,and State df Illinois,and that they do by'virtue of the signatures and seals herein 4ffixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V fanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful ttorney s-n-Tract with full power and authority hereby conferred to sip,seal and execute for and on their behalf bonds,undertakings and ether obligatory instruments of similar mature In Unlimited Amount and to bind tie thereb as'filly to the same extentas if such instruments were signed bya duly authorized officer cif 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 trade and executed pursuant to and by authority of the By-Law:and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boardsof Directors of the corporations. ations, In Witness vheret f,the CNS►. otripadies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 21 st day of March,2005. Continental Casualty Company any National Fire Insurance�`+ mof Hartford American,Casualty'Company of Reading Pennsylvania 0 SEAL JULY, Michael Gengler Sen' r ice President State of Illinois,County of Cool,ss tin this 21st day of March,2005,before nye personally cane Michael Gengler to meknown,who,being by me duly,sworn,did depose and say: that he resides in the City of Chi aga,StatefIllinois;that hes a senior" ce President€ Continental Casualty Company,an Illinois corporation,National Fre In dont an of Har ford a Connecticut cd rra�ti�rn an Awe''c P , d an C asualt Cc nnp ny orf cad ng, . ennsyly 'a,a Pennsylvania corporation described in anal which executed the above ihstn�ent;th the lmows the seals of said c�►rp€�rati�►ns;'that the seals affixed to the said instrument are such corporate seals,*that they were so afed pursuant to authority given by the hoards of Directors of said corparatins and that signed his name thereto pursuant to like authority,and acknowledges sane to be the act and deed of said corporations. _�� 49A MCE OOF My Commission Expires September 17,2005 Eliza Price Notary Public 11 May ..Iiblcaslis.,AssistSant ''ofC ontiental Casualty+ onany,an Illinois corporation National l ire Insbrancetnany of Hartford,a Connecticut;corporation,and American Casualty Company of Reading,,Pennsylvania,,a.Pennsylvania Corption do hereby certify that the Power of .ttorpey herein above set forth's still in force,and f ether certify that theBy-Law andResolution of the Board of Directors of the corporations printed'on the reverse hereof is ti P ll farce, In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 29th day of AIA"t 002 � Continental asualt Company National:dire Inurce Co of Dartford . .' an 'low American Casltv Company of Leading,Pennsylvania " '3 Ism SEAL 64 Mary. iia kis Assistant Secretary Form F6853-11/2001 uthor An -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: followers By-Law duly adopted by the Burd of Directors of the This Power of Attorneys made and executed pursuant to and by authority of the Y Company. f"Art cie I --- Exec +�o f o+ u�ra is Senior or Group u Vice fact. The Chairman of the Board of Directors, the President or any Executive, Section 3, Appointment of,,attorney-til ' -fact to act in behalf of the Coiupany in the execution of policies of ' ent may, from time to time, appoint by written certificates attorneys-in Presid y= of like nature, Such attorneys-in-fact, subject to the limitations set forth in their insurance bonds, undertakings and other obligatory in tore and execution o any such instruments and to attach the their signature certificate o authority,shall have full power to bind the Company by Senior or+Grow Vice President or the Board of respective ce the President or any Executive, p seal of the Company thererto. The Chairman of the Beard of Directors, � attotne -in-fact." 3irecidrs,may,at any time,revoke all power and authority prev Directors, even to y y ori of the following Resolution adopted by the Board of Directors of the This Power of Attorney is signed and sealed by facsimile under and by the authority y d. 1993. Company at a meetin dol called and held on the day of February, p 've Senior or Group'Vice President and the seal of the Company may be affixed by "Resolved,that the sign of the President or oily Execute of the By-Laws, and the signature of the Secretary or an Assistant an ower of attorney granted pursuant to Section 3 of Article I y power and an ower or certificate bearing such facsimile on y p Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such p9 sled and certified.by certificate so executed al shall be valid and binding on the Company,. Any such poorer so executed and se facsimile signature and se "s attached continue to be valid and binding on the Company}� and sealed shall,with respect to any bond or undertaking to which it i ADOPTED BY THE BOA OF DIRECTORS;t�F SIE RICAN ASLIAL'TY COMpANY OF READING,PENNSYLVANIA: ' of the follow By-Law duly adopted by the Board of Directors of the This Power of Attorney is made and executed pursuant to and by autlonty Company. • ►n end ntment of:A�t ar �e��-�� 'pct Article d of Directors,�e President or any Executive, Senior or Group Vice Section ,ppaintinent of Attorney-in-fact, The Chairman of the Bear 2. ` s attorneys-in-fact to act in behalf of the CoinpOy in the execution of policies of t may, from time`to time, appoint by ren cezficate y _`n-in subject#cr the limitations set forth in their Presiden y, such attorneys . insurance, bonds undertaking and other obligatory;instruments of life nature* Y ec,atan of an sndh instruments and to attach the of authori ,shall have full power to bind the Company by their signature an a volae ail ower and authority previously respective certificates �' ` ent or an Executive,Senior or Group'Vice President inay at any tine re p seal of the Company thereto. The President given to any attorney-in-fact., b the authority of the following Resolution adopted by tle Board of Directors of the This Power of Attorney is signed and sealed by facsimile under and y Company at a meeting duly called and held on the 17 day of February,1993. P y Senior or Grow 'Vice President and.the seal of the Company may be affixed by 'Resolved,that the signature of the President car any Executive,Se Of By-Laws and the signature of the Secretes car n Assistant ower of attorney granted pursuant to Section of Article VI + y d a rawer or certificate be such facsimile on any p affixed b facsimile to any c. of any such pv►w+ r an y p Secretary and the seal cel'the Company�y b� y h ower so executed and sealed and certified by certificate so executed An such facsimile signature and seal shall be valid and binding on the Company. Any continue to be valid and binding on the Company.' and sealed shall,with respect to any bond or undering to which it is attache ADOPTED BY THE BOARD OF DIRECTORS() NATION `FIRE INSURANCE C+�3IvIPANY OF HARTFORD: wingResolution duly adopted on February 17, 1993 by the Board This Power of Attorney i made and executed pursuant to and by authority of the fcllo of Directors of the Company. any senior or Group Vice President of the Corporation may,from.time to time, SOLVE execution That the President,an Executive Vice President,or y the execution of policies of insurance,bonds,undertakings and s-in-Fact to act in behalf of the Corporation certificates of authority,shall appoint,by`written certificates,Attorney c subject to the limitations set forth their respective obligatory instruments of like nature. Such Attorney J t�, to attach the seal of e Corporation thereto. The other have full power to b end the Corporation by their signature and execution of any such insttunaen bine revoke all power and authority t an Senior or Group Vice President or the Board of Directors n ay at y President,an Executive Vice President, Y previously given to tinny Attorney-in-Fact. d b tli+ authority of the following Resolution adopted by the hoard of Directors of the This Power of Attorney is signed and sealed by facsimile under 3. Company at a meetin99 g duly called and held on the 17 day of February,1 Executive Vice President or any Senior or group '�ice President and the seal of the "RES That the signature of the President, an Exe the Resolution adapted by this Board of Directors on February 1'7, be affixed b facsimile on any power of attorney granted pursuant to Corporation,,may y Co oration may be affixed by facsimile to any certificate of aly such 1993 and the si afore of a Secretary or an Assistant Secretary and the seal of a and binders on die C. Mt Any such power;so ' este ibeai-ii such facsimile signature and seal shall be valid g it is'attached continue to power, and any power or certificate g ` to so executed and sealed,shall with.respect to any bond or underling to which executed and sealed and certified by certificate be valid and binding on the Corporation. U. M. ........... MR: ..: 0"M #:# # E State of CALIFORNIA County of LOS ANGELES On 2 2005 � ��rme, r�+� l .nnx� Notary Public Date NAME,.TITLE OF OFFICER., **JANE DOE, NOTARY PUBLIC personally apeared P me l a L. S t'r o ck NMet:qIp personally known to m —OR — proved t m on tyre �, �� of P satisfactory evidence to he the er n w e e name(#i Alwou scrip d t the ► hln In rur e t and acknowledged to me that W he exet.ute the s m inV1 f e � authoredaa�r and that ren ture the instrument the person or the entity upon behalf of which the pier on acted, executed the instrument. DYL AN , On1Mission 136215' Notary Public NAOMLRLE Los An ele unly OF NOTARY .. MY � R OLPTIONAL "h theL Ldata elO is not required ►law, rt rna prove �talua Ie to persons reI in on the document and could reVent fraudulent reLaftchmentLL this form. Ir DOLCULMENT PORATE TITLE TITLE OR rfPEOF DOCLUMLENT PARTNER(S) LIMITELD GENERAL NE F PAG E . .... t 1 N -N-FACT .. Tl USTEL GURDN/CONSERVATOR H E DATE OF CEMENT E� $L N0 t � � � L LL L L L LLren auelt L L RL S8L OR NAL ENTIT)f(IES) +�r�penr f ec L L in , ILa Sl GNER(S) OTHER THAN NAMED ABOVE G*t]0'7426- G ENT u"ALIFORNIA ALL PURPOSE ACKNOWLIF.0 M -Coubty of Santa Clara On August 3 1 2005 before ane,Jenice T. Kruse Not �'��li na.�l � � , .0 �� P rsonolly known t m t be t:� �r� ns wh�� names,ars ubs rxbe .to the w thi- �� c��l �� that they executed the same in their authorized 0a pity, and that by their signature on the instrument t persons, r , the etWty upon behalf of which the persons acted,d, execute.the inst anent. ficialL seal LL We W SS my handL and of ,. .# . - ature of Nota OpLtiLOLaflon 'title or T ofDocument: Landscaping Agreemerit Extension-R --01 SL �►� TSSLL eInc