HomeMy WebLinkAboutMINUTES - 10252005 - C18 TO: BOARDOF SUPERVISORS' (,,s
FROM: MAURICE M. SHIU,PUBLIC WORKS'DIRECTOR
DATE: October 25, 2005
SUBJECT: Approving the Third Extension of the Subdivision(Right of Way Landscaping) Agreement for
Subdivision 97-08133,San Ramon(Dougherty Valle4 area. District II
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/ for Subdivision 97-08133,approving the Third 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 RECOMMENDATION(S):
The Right of Way Landscaping Agreement'has expired.
CONSEQUENCES OF NEGATIVE ACTION:
The Right of Way Landscaping Agreement will not be renewed.
Continued on Attachment:_ SIGNATURE:
- 7LA' iz-
COMMENDATION'OF COUNTY ADMINPK41ATOR
_RECOMMENDATION OF BOARD COMMITTEE
PROVE OTHER
SIGNW TURES :
ACTION OF BOA N APPROVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
VO T OF SUPERVISORS date shown.
UNANIMOUS(ABSENT 177 C-
AYES: NOES:
ABSENT:"' ABSTAIN:.
ATTESTED: B.�srf.��
EE:rm `SWEETEN
0:\GrpData\Engsvc1B0\2005\10-25\SD47-08133 B0-ll.aoc JOHN , Clerk ofthe Board of
Originator: Public Works(ES) Supervisors and County Administrator
Contact: Teri Rie(313-2363)
cc: Public Works—T.Bell,Construction
Current Planning,Community Develoinnent
Shapell Industries By ' _ __e Deputy
100 N.Milpitas Blvd.
Milpitas,CA 45035
Attn:'J.Gold
American Casualty Company of Reading,PA
2355 E.Canielback Road,Ste 500
Phoenix,AZ 85016
Attn:Marie A.Cook
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`UilkeYna
NOES: None
ABSENT: None
ABSTAIN: None
_ RESOLUTION NO. 2005/
SUBJECT: Approving the Third Extension of the Subdivision (Right of Way Landscaping)
Agreement for Subdivision 97-08133,San Ramon(Dougherty Valley)area.(District
III)
The Public Works Director having recommended that he be authorized to execute the third
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 Subdivision 97-08133, in the San. Ramon
(Dougherty Valley) area, through September 21,2006;
APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99%
♦ ANTICIPATED DATE OF COMPLETION: September 27, 2005
♦ REASON FOR EXTENSION: The Right of Way Landscaping Agreement has expired.
IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director
is APPROVED.
BB:ntt I hereby certify that this is a true and correct copy of an action taken
c:\GrpDatalEugSvol30\2005110-25SSD 97-08133 so-1I,doc and entered on the minutes of the Board of Supervisors on the date
Originator: Public Works(ES) shown.
Contact: Teri Ric(313-2363)
cc: Public Warks—T.Bell,Construction ATTESTED:"""' t
CurrentPlannin&Community Deveioptnent JOHN SWEETEN, Clerk of the Board of Supervisors and County
Shapell industries
100 M Milpitas Blvd. Administrator
Milpitas,CA 95035
Attn:1.Gold
American Casualty Company of Reading,PA
2355 E.'Camelback Road,Ste 500
Phoenix,AZ 85016 By ,Deputy
Atm:Marie A.Cook
RESOLUTION NO.2005/ k
CONTRA: COSTA COUNT
SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION
Development Number: Sub 97-08133
Developer: Shapel Industries of Northern California
4 01Vh5/0-n Of '3
Original Agreement Date: September 21, 1999
Third Extension New Termination Date: September 21,i 001,2.006 C
Improvement Security
Surety: American Casualty Company of Reading,PA
Bond Number No.(Date): 929097482(8/31/99)
Security Type Security Amount
Cash: $600.00 (1% cash,$1,000 Min.)
Bond Rider: $9,195.00(Performance)
$31,000.00(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 agree thereto and acknowledge same.
Dated: Dated: September 6,_ 2005
Shpell aadustri. of Northe
rn California;
is „�iy Ve't tIAWJ s IAV.
FOR CONTRA COSTA COUNTY Developer's Signature(,§) g *'
Maurice Shi ublic Works Director '
Cl -7 C.. to i1CA3IU,9 a&5—
By: Printed
t
De Iop
es Signature(s)
RECOMMENDED FOR: AL:
A.66 xt
By: XA Printed Cy
(Engin e n Sere sign) 100N. Milpitas Blvd.
Milpitas CA 95035
Address
American Casualty Campany of Reading, PA
(NOTA': Developer's, Surety's and Financial Surety or Financial Institution
Institution's Signatures must be Notarized) 2355 E. Camelback'Road, Suite 500
_Ph AZ 85016
FORMareaaveo:vw,ar wcsvmMallonryrounxe1
Address
After Anyrotul Return to Clerk o the Boarrl
Att ffiey in Facts Signature
Pamela 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,an&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 Halt,Sandra V Banner,Gina O'Shea,Individually
of Sherman Oaks,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 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 March,2005.
Continental Casualty Company
National fire Insurance Company of Hartford
'
vowwwv W4 American Casualty Company of Reading,Pennsylvania
Michael Gengler S 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,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 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.
OFACGIAZILSSAL.
Et1T/►!'RICE s
�rrirw�rrwsw rwr+r
My Commission Expires September 17,2005 Eliza Price Notary'Public`
CERTIFICATE
1,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 1 have hereunto subscribed my name and affixed the seal of the said corporations this
6th day of Septenber
qtr Continental Casualty Company'
National Fire Insurance Company of Hartford
►rorurf � rfd American Casualty Company of Reading,Pennsylvania
iui3 r, ar
v SEAT.
Mary A.qikaAbs Assistant Secretary
Forth F6853-11/2001
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 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 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 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 ata 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 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 VI—Execution of Obligations and Appointment of Attorney-In-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 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 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 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 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,f-om 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 Attorney-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 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 maybe 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."
State of Califormia
County of Los Angeles
On September 6,200E before me, Sandy Hanner-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-€7R- (.,_._.) proved to me on the basis of satisfactory evidence to be
the person(s) whose name(*) is/am subscribed to the within instrument and acknowledged to me that
Na/she/tbfk executed the same in:bis/he€/Vair authorized capacityfles), and that by kWher/tom
signature(s)on the instrument the person(§), or the entity upon behalf of which the person(s) acted,
executed the instrument.
_ _ _ �. WITNESS y hand and offi seal.
SANflY HANNER
Commission#1362157
Notary Public-California SIGNATURE OF NOTARY• Los Angeles County
My Comm.Expires Jul 2,2006
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 farm.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) i? LIMITED
(..�}GENERAL
(-2(..) ATTORNEY-IN-FACT
NUMBER OF PAGES
{_..) TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIrfpes)
American Casualty Company of Reading, Pennsylvania
SIGNER(S) OTHER THAN NAMED ABOVE
O-107426-6
j�.ti,wwv�.tiv��v�wvk,�w�,ivy✓�.nsoiwn,�vti�..-v,.rww^,�,ti.✓�...r.�r.,�;v�,�,w'v�nrv�Mn✓�,��.,^��v,;^w^.rwv���r� �^rv�.rwwvw.,�w,n✓�,`wv+✓�.vu�.wv�
>> �,v�..'�r�..^,.�.�r1rv.,.vv.!v���v�.n.nr�n,ren;v�,^..�nruv�.�.�;^,nnivv�,v�,^tn,�.n✓v�.��.n,..rv�r���^✓�rv�,-.r�.-ww�,wv�.^ww�v�nitiMr�rv��r�.nsv✓v�,�ivv�rv^✓u*.�
}y
5 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT �
State of California
s County of Santa Clara �?
s
On September 12,;2445 before me,Janice 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 me that they executed the same
in their authorizedcapacity, and that by their signature on the instrument the persons,or }
the entity upon behalf of which the persons acted,executed the instrument. s
CorniAlv1r x OUSESS my hand and official seal.
a #1597'428
t t $�
s -
SWft n >s
24 Sign tare of No
Public
5 Optional Information
Title or Type of Document: Subdivision Agreement(Right of Way Landscape) 97-48133
Capacity Claimed by Signer: Assistant Vice President&Assistant Segretary of s=
Shapej Industries.Ine s
�l
S� S
s
s ,
? �,./�.-`-hn. �.h,n.u�/v`�.v�"`./`�..'�r�,n,V \\�.N�"V'v�'vl.h/\.�V`.f `v'�/�.,:\/�,^�"V�."u VVV/\N\i'� �, J+,1.ti N�r��;'\.�/�/�1`.n'.f/'�.nFv'V�/\r"v�./'�/'vn.nN�.'�i"/W`J'�`�. l✓�./�^a/�r�`.�.
�.,/,.,�/\;"'✓VtF�rV\!\N�/�/`v^W�l�/�..M/�..'V�/�'�.l^.��/\,"\/�•"�..N`u\rv4./�r�,/WY'V./\,-�ry��V+✓\/�,•✓�%VV.\�...!V.'ti"�M'�.4'�/�.`✓�.Nw.nV�/"�^'�/V'�/�/vV�/hN�/���/`/'W�,/\,�./�N�n/J'n,^NVQ=�