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HomeMy WebLinkAboutMINUTES - 10252005 - C13 TO: BOARD OF SUPERVISORS �! ' 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 RA 01-01116 (cross-reference Subdivision 95-07984), San Ramon(Dougherty Valley) area. District SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&'BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 24051 for RA 01-01116 (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 Shapely Industries, Inc., San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Subdivision(Right of Way Landscaping)Agreement:has expired:. The one year maintenance period has ended and the developer is scheduling the final inspection. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision(Right of Way Landscaping)Agreement guaranteeing completion of the improvements will not be renewed. Continued on Attachment: -1"' SIGNATURE: _ ECOMMENDATION OF COUNTY'ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 4,A PROVE OTHER SIGNAT RES : ACTION OF BO ON APPROVED AS RECOMMENDED OTHER V�°� Y certOF SUPERVISORS I hereby if that this is a true and correct UNANIMOUS(ABSENT y AYES: NOES: copy of an action taken and entered on the ABSENT:' ABSTAIN: minutes of the Board of Supervisors on the date shown. EH:ru, G:1GtpDatatEngSvc1B012005110-251RA o7-©1116 BO-i l.doe �r-� Originator: Public Works 2363 ATTESTED: + .i' +K . 'o Contact: Teri Rie(313-2363) � mow„'j""` cc: Public Works-T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Current Planning,Conun unity Developntent Supervisors and County Administrator T-July 17,2006 Shapell industries 100 N.Milpitas Blvd. r� Milpitas,CA 95035 Attn:J.Gold By , Deputy National 55 E. Cani lb Company of Hartford �-- 2355 E.Ca�Iback Roads Suite 500 Phoenix,AZ 85016 Attn:Patnela L.Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 25, 2005 by the following vote: AYES: Gioia,Piep o,DeSaulnier,Glover and Uilkema NOES: None ABSENT None ABSTAIN: None RESOLUTION NO. 2005/ SUBJECT: Approving the Second Extension of the Subdivision (Right of Way Landscaping) Agreement for RA 01-01116 (cross-reference Subdivision 95-07954), San Ramon (Dougherty Valley) area. (District I11) 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 RA 01-01116, in the San Ramon (Dougherty Valley)area, through September 17, 2006; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: October 2005 ♦ REASON FOR EXTENSION: Scheduling verification final walk. One year maintenance period ended July 13,2005. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. EH:rm I hereby certify that this is a true and correct copy of an action taken c:\GipData\Enxsva\BO\2005\10-25\r,01-01116 Bo-1 l.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: Teri Rie(313-2363) cc: Public works-T.Bell,Construction ATTESTED:___04 4 Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and County T-July 17,2006 Shapell Industries Administrator 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:J.Gold National Fire Insurance Company of Hartford 2355 E.camelback Road,suite 500 By Deputy Phoenix,AZ 85016 Attn:Pamela L.Stocks RESOLUTION NO.2005/ CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: RA 01-01116 (x-ref sub 7984) Developer: Shapell Industries f Northern(}C�aliforni Original Agreement Date: September 17,2002 -�,e. f 2nd Extension New Termination Date: September 17,2009 Improvement Security Surety: National Fire Insurance Company of Hartford Bond Number No.(Date): 929 247 995(8/14102) Security Type Security Amount Cash: $ 1,200.00(1%cash,$1,000 Min.) Bond Rider: $ 18,045.00(Performance) $60,800.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby a ree thereto and acknowledge same. Dated: 5 r- Dated: September 6 2005 Y d -Ind PUN California, FOR CONTRA COSTA COUNTY Developer's Signature s) LJV, /7oLe . - MauricW. Ship Public Works Director By: Printed /4 : r De elo er's Signatures) 1. Thr' y RECOMMENDED FOR APPROVAL: By: Printed (Engineer Servi s Division) 100 N Milpitas Blvd. Mibitas, CA 95035 Address National Fire Insurance Company of Hartford (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution Is Signatures must be Notarized.) 2355 E. Camelback P.oad, Suite 500 Phoenix:, AZ 85016 FORM APPROVED:vi-1 J.Wea—, 7omey' AfterApproval Return to Clerk of the Bn rd Facts Signature Pamela L. Stocks, Attorney-in-Fact Printed POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know AIL 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 Danner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attomey(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 then 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 CNA Companies have caused these,presents'to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 21st day of Match,2005. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania SEAL Michael Gengler Sen' Vice President State of Illinois,County of Cook,ss: On this 21st day of March,2005,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 Senior Vice President of Continental Casualty Company,an Illinois corporation,Nationale 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 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. OFFltv1AL SEAL itJ7I►PtlEE • rernnrrxnorrisrwwr rr 60M�iptIN47A�' 'My Commission Expires September 17,2005 Eiitza Price Notary Public CERT'IF'ICATE 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 print n the reverse hereo is still t force. In testi t��e f I have hereunto subscribed m name and affixed the seal of the said corporations this day of �E1� wb te UU y GA+ 1Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania Mary A.Rikaiakis Assistant Secretary "Form F6853-11/2001 Authorizing By-Daws 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 ofpolicies 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,revokeall 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 1'7"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 sealedand certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it 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 Vl--I+xecution of Obligations and Appointment of Attorney In•Fuct 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 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 mecting<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 ARTFORD: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,Attomeys-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 tate limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation bytheir 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 undersand 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, 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 such power,and any power or certificate bearing such facsimile signature and seals,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." -'M iiia: ! 3iXs Iiyi 31Hi :NOff:atl�N• 311¢ :=:iiN3 1$i ::a:3+iS3 31 S State of California County of Los Angeles On September 6,2005 before mea Sandy Hanner-Notary Public Oat* NAME. TITLE OF OFFICER„ "JANE DOE. NOTARY PVBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNERS) (X) personally known to me- OR - (_...) proved to me on the basis of satisfactory evidence to be the persons) whose name(*) 13/a s subscribed to the within instrument and acknowledged to me that bre/she/t executed the same in*iaJherlibsir authorized capacity(+es), and that by btWher/t signature(s) on the instrument the person(5), or the entity upon behalf of which the person(*) acted, executed the instrument. ,r�•rr•i,. . WITNESS y hand and official seal. SANDYn#1362 � Commission#.13621:57 Ylq&My Notary Public-CalS)QNA EDF NOTARY Los Angeles C.qunty Comm.Expires Jul ,2= 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 INDIVtOUAL. (�) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) (._...) LIMITED ( ) GENERAL NUMBER OF PAGES (-x—) ATTORNEY IN•FACT TRUSTEE($) GUARDIAN/CONSERVATOR {...._) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OFifZNTlTy(IES) National Pira insuran:.e Cornnany of Hartford SIGNER(S) OTHER THAN NAMED ABOVE (3.10X426.8 lwu �v:vww�ti��w.�•ti win,ti1tiiN`ti�intivv�u�.titi��`^✓ti�✓vv�v�w�`;��..,w�,�M� v✓r.�ni,vwwti�iwvv,�N:,vwvv�,�.v,v�ww j>jCl.,..,..�.M.��.�J .��n�^.v�•.awn.�✓v�v.��.,v�iv�n�vwwv.vwvvn,nn�.�( z { CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT 1 State of California County of Santa Clara >< On September 12, 2005 before me,Janice T.Kruse,Notary Public personally appeared, } J.C. Truebridge&Ken Cox personally known to me to be the persons whose names are >< subscribed to the within instrument and acknowledged to me 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. �t JIWiCE L Kft1fS1 ITNESS my hand and official seal. Co Notary Pu on#f 159742 s fVor ry Puk�iic-CaHfornio < soft Cwo county S, MYCOMM.�AW24.2 Sign tore of Not Public 1 Optional Information 5 Title or Type of Document: Subdivision Agreement(Right of Way Landscape)'Tract l < 7984 s� << Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of { <z Shayell'Industries,Inc. z s � �4 s� .. -. . /\. f'n//vv\%� , -,/.'�,-s�ti n= \/4NVU'WV//�'/-JV„\///� /."-✓. /�/`ui,.M..iy . . � /.' �..lV`JV.w\/'."�WV/`.i'//\/rV.,ni,..