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Home My WebLink AboutMINUTES - 10252005 - C19 TO: BOARD OF SUPERVISORS 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 98-08254, San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ a.0 for Subdivision 98-08254,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(5) FOR RECOMMENDATION(S): The Right of Way Landscape Improvement Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Right of Way Landscape Improvements Agreement will not be renewed. Continued on Attachment:" SIGNATURE: _ ECOMMENDATTON OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNAATURE S : ACTION OF'BOA ON C.r 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 VVE OF SUPERVISORS date Shown. UNANIMOUS(ABSENT- AYES: NOES: ABSENT: ABSTAIN: BB:nn ATTESTED: 04170-.44 Y G:\GrpData\EngSvc\BO\2005\10-25\SD 9M8254 BO-i i.doc JOHN SWEETEN, Clerk of the Board of Originator: Public Works(ES) Contact: Teri Rie(313-2363) Supervisors and County Administrator cc: Public Works—T.Bell,Construction Current Planning,Community Development T—June 17,2006 Shapell Industries By Deputy 100 M Milpitas Blvd Milpitas,"CA 95035 Attn:J.Gold and S.Worden American Casualty Company of Reading PA 2355 EW:Caielback Rd.,Ste 500 Phocmx,AZ 86016 Atm:Pamela L.Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 25, 2005 by the following vote: AYES: Gfoia,Piepho,DeSaulnier,Glover and Uilkema NOES None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ 1(370 SUBJECT: Approving the Third Extension of the Subdivision (Right of WayLandscaping) Agreement for Subdivision 98-08254,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 98-08254, in the San Ramon (Dougherty Valley) area, through August 17, 2006; ♦ APPROXIMATE PERCENTAGE OF WORK.COMPLETE: 95% ♦ ANTICIPATED DATE OF COMPLETION: October 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:rm G:\GipData\Engsvc\BOC2005a10-25\SD 98-08254 ao-1 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: pG , "�✓""" T-June Ind 2006 ShapeellllJOHN SWEETEN, Clerk of the Board of Supervisors and County ,Industries 100 N.Milpitas Blvd Administrator Milpitas,CA 95035 Attn:J.Gold and S.Worden American Casualty Company of Reading PA 2355 EW.Camelback Rd.,Ste 500 Phoenix,AZ 96016 BY E ,Deputy Attn:Pamela L.Stocks RESOLUTION NO.2005/ �� CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number. Subdivision 98-08254 Developer: Sha q,11 Industries of Northern iforma Original Agreement Date: August 17, 1999 std. Third Extension New Termination Date: August 17,20(y fo Improvement Security Surety: American Casualty Company of Reading,PA Bond Number No.(Date): /90723728(July 27,1999) Security Tyne Security Amount Cash: $6,379.00(1%cash,$1,000 Min.) Bond Rider: $94,730.00(Performance) $315,750.00(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: (} Q Dated: September 6, 2005 Shapell 7ndyssr of 'rtlCslfarnia, rr +'l �P .r d FOR CONTRA COSTA COUNTY Developer's Signature{s) � �° L '' Maurice Shi ublic Works Director '`% -^-""' " "7f l2rll By`. Printed e De elo' is S gnature(s) RECOMMENDED FAAPAL: E< r1By: Printed (EngineerIvision) 100 N. Alpitas Blvd. Alpitas, CA 95035 Address' Amr can'Casualty Company of Reading, PA (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution Is Signatures must be Notarized.) 2355 E. Camelback Road, Suite 500 Phoenix, AZ 85016 rout AMMIAiD'Y CI[u'7.Wamnn,l'6.nf}'.Canoes - res Alter Approval Return to Clerk ofthe Board �uelr ,j7 7Z Attorney in Facts Signature Pamla L. Stocks, Attomey-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 Harmer Gina O'Shea Individually of Sherman Oaks,CA,their trueand lawful Attorneys)-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 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 Anomey,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 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. rr�stt+t Continental Casualty Company Nationaal Fire Insurance Company of Hartford Q. American Casualty Company of Reading,Pennsylvania SEAL Michael Gengler Sen` Vice President State of Illinois,County of Cook,ss: On this 21st day o f March,2005,before me personally came Michael Gengler to me kdown,who,being by we 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 Warne thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. SAA C1l=FlCiAL SAI. ' • P}tlt • reNAW wrric,ixw»aFMdrwis 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 alcove set forth is still its force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereofis still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 6th day of Septenjb+er 2005 0�4� su .w,i�rt�e Continental Casualty Company National Fire insurance Company of Hartford , erg American Casualty Company.of reading,Pennsylvania tasty - Mary A.P+ikajqkis Assistant Secretary Form 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 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 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 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 beaffixed 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`ofDirectors 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 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 meeting duly called and held on the l7"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 ArticleVI 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 FIFE 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,from 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€heir 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 ofthe 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 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." qa..,.,u.1,r...x-,,z„.in ;”.... .:3 State of California County of Los Angeles September 6, 2005 before me, Sandy Hanner-Notary Public Girt Date NAME. TITLE OF OFFICER- "JANE DUE. NOTARY PUBLIC personally appeared Pamela L.Stocks NAMEW OF SIGNER(S) (X) personally known to me - OR -- (.,..._.) 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 Wshettbft executed thesame in /her/tt W authorized capacity(h es), and that by tawher/W*# signature(s)an the instrument the person(5), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand and gftWW1"seal. SANDY MANNER 410yCommission#1362157 Notary Public-California SIGNATURE OF NOTARY Los Angeles County Comm.Expires Jul 2,2008 QPTIONAI. 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 (;.x—) ATTORNEY IN-FACT TRUSTEE($) (.`) GUARDIAN/CONSERVATOR ( ..._) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY( ES) American Casualty Company of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE G-107426-8 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On September 12,2005 before me,Janice T Kruse,Notary Public personally appeared, J.C. Truebrdge& 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. JAMCE T KNsE WITNESS my hand and official seal CQMMMbn#t 1897428 _ `< N01"Put#Ic-CaMoMia Sada Clara County gCAXM.= 24.2 v Si tore of Notary Public Optional Information Title or Type of Document: Subdivision Agreement(Right of May Landscape)98-08254 Capacity Claimed by Signer: Assistant VicePresident& Assistant Secretary of S Shanell' ndustries.Inc. S �� ^,:ti\:1..�V\'�\/*/�^'%�:'`'/r'lvi�.'\:�/\��/\M'W'�,�.N v�'/~^v\�\i��N"�✓`,lam*."`�.f✓.ti`%v.�'\`n^�,��/'..'..:.'/`�'i�'�/\�; N��.i��W"^.�� %.^vl`/Uf^.^✓y./�J