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Home My WebLink AboutMINUTES - 10252005 - C10 F SUPERVISORS TO: BOARD O _ FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: October 25, 2005 SUBJECT: Approving the Second Extension of the Subdivision(Right of Way Landscaping)Agreement for PA 02-00003 (cross-reference Subdivision 95-07984), San Ramon(Dougherty Valley)area. (District III) SPECIFIC REQUEST(S)'OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No.2005! 6S1 for PA 02-00003 (cross-reference Subdivision 95-07984), approving the Second Extension of the Subdivision (Right of Way Landscaping) Agreement for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATIONS}: The Subdivision (Right of Way Landscaping) Agreement has expired and the developer has not completed the improvements. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision(Right of Way Landscaping)Agreement guaranteeing completion of the improvements will not be renewed. f Continued on Attachment: -'' SIGNATURE: ,.I ICOMINENDATION OF COUNTY ADM, R RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE (S): ACTION OF BO ON V APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct VOTE F SUPERVISORS copy of an action taken and entered on the UNANIMOUS(ABSENT 1pwet - ) minutes of the Board of Supervisors on the AYES: NOES:.. date shown. ABSENT: ABSTAIN: BB:rm c:\GrpData\EngSvc\BO\2005\10-25TA'02-00003 BO-la.aoc ATTESTED: Originator: Public Works(ES) Contact: Teri Rie(313-2363) JOHN SWEETEN, Clerk of the Board of cc: Public Works—T.Bell,Construction Current Planning,community Development Supervisors and County Administrator T—July 17,2006 Shapell Industries of Northern California 100 K Milpitas Blvd Milpitas,CA 95035 Attn:Sam Worden By ,Deputy National Fire Insurance Company of Hartford 2355 E.Camelback Road,Ste 500 Phoenix,AZ 85016 Attn:Pamela L.Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on October 25, 2005 by the following vote: AYES: Gioia,Piepho,DeSaulnier,='Glover, and Uilkema NOES: None ABSENT:- None ABSTAIN!: None RESOLUTION NO. 2005/ Co SUBJECT: Approving the Second Extension of the Subdivision (Right of Way Landscaping) Agreement for PA 02-00003 (cross-reference Subdivision 95-07984), 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 (Right of Way Landscaping) Agreement between Shapell Industries of Northern California, a Division of Shapell Industries, Inc. and the County for construction of certain improvements in PA 02-00003, in the San Ramon (Dougherty Valley) area,through September 17, 2006; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% ♦ ANTICIPATED DATE OF COMPLETION: October 2006 ♦ REASON FOR EXTENSION: Scheduling verification walk and Board date to release into one year warranty period. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. BB:rm c:\crpData\Engsvc\BO\2ao5\lo-25\PA 02-00003 eoa l.doc I hereby certify that this is a true and correct copy of an action taken Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contact: Teri Rie(313-2363) Shown. cc: Public Works—T.Bell,Construction Current Planning,Community Development ATTESTED: T-July 17,2006 Shaped Industries of Northern California JOHN SWEETEN, Clerk of the Board of Supervisors and County 100 N.Milpitas Blvd Administrator Milpitas,CA 95035 Attn:Sam Worden National Fire Insurance Company of Hartford 2355 E.Camelback Road,Ste 500 Phoenix,AZ 85016 By •""' ,Deputy Attn:Pamela L.Stocks RESOLUTION NO.2005/ r CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: PA 02-0003 (x-ref 7984) Developer. Shapell.industries ofy t ern Ca ifornia Original Agreement Date: September 17,2002 � r 2nd Extension New Termination Date: Sepetember 17,'2006 Improvement Security Surety: National Fire Insurance Company of'Hartford Bond Number No.(Date): 929 247 992 (8/14102) Security Tvtar Security Amount Cash: S 5,500.00(1%cash,51,000 Min.) Bond: S 542,200.00(Performance) 2273,900.00(Labor& Material) The Developer and the Surety desire this Agreement to he extended through the above date,and Contra Costa Count)' and said Surety hereby=agree thereto and acknowledge same, Dated: 0 5 Dated: September 8', 2005 Sl-?pe T rtd{f errs po �,,k, ; ilorn �r, FOR CONTRA COSTA COUNTY Developers SSigr attire s) ��J�- Maurice Sh' :,Public Warks Director er -7"/z LC r'3l7lo<�;C By=: Printed S 4D /wv RECOMMENDED FOR APVAL: Tl'per's(5�gnat[ire(s) ok By: Printed (Engin ea i g Re . e Division) 100 N. Milpitas Blvd. Milpitas.1. tos. CA 95035 Address National Fire Insurance Company of Hartford (A'OTE: Developer's, Surett•'s and Financial Surety or Financial Institution Institution Is Signatures must be Notarized.) 2355 E. Camelback Road, Suite'500 • AZ 85016 iOAM Vr'RMIA) V"-;t'c+ne�anaiaua f'a .x<S s Address A,fferAnnru+ul Retyrp_i ro C'lork of hr Brrerrrl 7 T� Att rney in tracts Signature Perla L. Stocks , Attorney-in-Fact Printed 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,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA 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 Pamela L Stocks,Beverly A Hall,Sandra V Banner,Gina O'Shea,Individually of Sherman flaks,CA,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 there 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 confrtned. This Power of Attorney is made an&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 21 st day of March,2005. orsW �, Continental Casualty Company ' National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania 8EAL r � JALYz r' t Birt � N� Michael Gengler Seri Vice President State of Illinois,'County ofCook,'ss: On this 2l st day of March,2005,before me personally carne 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;affrxed 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, 100104 UAL KIZA POCK rarwwwr►�rtxrs or guar. My Commission Expires September 17,2005 Eliza Price Notary Public CERTIFICATE I,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 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 8th day of S=rerxiber Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania aaY II, SEAL c tsar .� Form F6853-11/2001 Mary A.R " kis Assistant Secretary 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 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 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 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 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 on any power of attorney granted pursuant to Section 3 of ArticleiX 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. 44Article Vi--Execution of Obligations and'Appointment of Attorney-Iu-Fact Section . 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 dike 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 inm struents 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 ofAttomey 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'h 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 beating 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,trade 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-iii-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-iii-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 17*day of February,1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group;Vice President and the seat of the Corporation maybe 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." .. -- P.M .3X ^:3pp .!i ... Ni. I 3,I „fliE I N ._33lIEI 81 a!i!M, 0.1 +3!G„=s 3EN 9MN::E iN !i :'!3 S f 3 tN State of California, County of Los Angeles On September 8,2005 before me. Sandy Hanner-Notary Public Oats NAME. TITLE OF OFFICER:, -JANEOOE. NOTARY PUBLIC" personally appeared Pamela L. Stocks NAMEM)OF SIGNER($) (X) personalty known to me - OR - (—) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islaw subscribed to the within instrument and acknowledged to me that he/sheltRW executed the same in Nalher/ftir authorized capacity0w), and that by hiWher/# signature(s)on the instrument the person(t), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES y hand and official seal. SANDY tiANtrr Commission 11 13621,57 r Notary Public-CaKdrrde a SIGNATURE OF NOTARY Los Angeles County My Comm,Expires Ju12,2006 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 {..�c..} ATTORNEY IN-FA,CT TRUSTEE(S). (�) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SINNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Natinnnl Fire Ing!ral3 •.C:omt Any of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426-5 1'\.nf"\.'\M/N'V\/ W\l.'�^.'V\/v'vM/\.'VAN\/N\.'V\."/\/`✓/V\NWS/�'\/.W*//\NWv^,.'\i\/.'u'�M�WWV\.M/N/\/i/\.'Y'W\/.'*/Fv\M/�'v <>l\>�f\,^✓W\.n.'\/.N•J,^✓WVM/V\\M✓WVWJV/\N4�/'✓WVv\4'v�'�i/W/M/\.'*MnM/:'v\W\MN'/J\.`\,M/\.ti'\�/WW WVW l/lS`j\ S7 7 s� CALIFORNIAALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On September 12, 2005 before me,Janiee T. Kruse,Notary Public personally appeared, s J.C.Truebridge&Ken Cox personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to that they executed the same in their authorized capacity, and that by their signature on the instrument the persons,or the entity upon behalf of which the persons acted, executed the instrument.. s� JAWEKms' TNESS'my hand and official seal. COMMInk)n t 597428 Not("Public-0WOOMIC $woo Clam Couniy s ' ""'' " °. Sign.tura of Notary Public ' Optional Information Title or Type of Document: Subdivision Agreement(Right of Way Landscape)PA 02- 0003 ss Capacity Claimed by Signer: Assistant Vice President&Assistant Secretary of {' Shanell'Industries,Inc. 5 ��.'��,V\N',%ti%��ti,'�\/1;V�.'1✓4��,�.�V"V\,%",.,'\ti., 4 \�,"\.V� \i '\../V \ ".✓\N'a/N J\iW N s� �. V N^/\ ✓ \ t✓\ ti^✓..�NW\//`./\�.nr\n V\/\ ✓' �.� li�,/\NWVV'V /\,1MNV/u'\N*./\/'., ✓../\/�1/\/v�N✓\.. W/,.'N✓V�/4'V`✓v vf1F`NV.'/i'✓\rV\Mi✓/1�."✓\/\.✓N./V'V