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HomeMy WebLinkAboutMINUTES - 10252005 - C20 TO: BOARD OF SUPERVISORS G• • FROM: MAURICE M. SHIV, PUBLIC WORKS DIRECTOR DATE: October 25, 2005 SUBJECT: Approving the Second Extension of the Subdivision(Right of Way Landscaping)Agreement for Subdivision 99-08255, San Ramon(Doughenty Valley area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION($): ADOPT Resolution No. 2045/ for Subdivision 99-08255, approving the Second Extension of the Subdivision(Right of Way Landscaping)Agreement for project being developed by Shapell Industries of Northern California,a Division of Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Right of Way Landscaping Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Right of Way Landscaping Agreement will not be renewed. Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMI RECOMMENDATION OF BOARD COMMITTEE .-fir PPROVE OTHER SIGNATURE(S)- a--,ZA,e ACTION IGNATURES - ACTION OF BOA ON 71 APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct v© OF SUPERVISORS copy of an action taken and entered on the UNANIMOUS(ABSENT minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: BB:nn G:�GrpData\EnxSvc\BO\2005\I0-25\SD 99-08255$ai Ldoc ATTESTED: -c,v, "v`'6— ®t•lglnator: Public Works(ES) JOHN SWEETEN, Clerk of the Board of Contact: Teri Ria(313 2363) Supervisors and County Administrator cc: Public Works-T.Bell,Construction Current Planning,Community Development T-June 11,2006 Shapell Industries 100 N.Milpitas Blvd. By .fir o , Deputy Milpitas,CA 95035 IF Attu:J.Gold,S.Worden American Casualty Company of Reading,PA 2355 E.Camelback Rd.,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 followingvote: AYESs Gioia,Piepho,DeSaulnier,Glover and Uilkerna NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ 4 SUBJECT: Approving the Second Extension of the Subdivision (Right of Way Landscaping) Agreement for Subdivision 99-08255,San Ramon(Dougherty Valley)area.(District 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 Subdivision 99-08255, in the San Ramon (Dougherty Valley)area,through September 21, 2006; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% ♦ ANTICIPATED DATE OF COMPLETION: October 2005 ♦ REASON FOR EXTENSION: The Right of Way Landscaping is not complete. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. BB.rrn I hereby certify that this is a true and correct copy of an action taken G:\Grpnata\Engsvr\Bo\2005\10-25\SD99-08255ao-Ildoc 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: A r -_e'v- Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and County T—June 11,2006 shape((Industries Administrator 100'N.Milpitas Blvd. Milpitas,CA 95035 Attn:J.Gold,S.Worden American Casualty Company of Reading,PA By Deputy 2355 E.Camelback Rd.,Ste 500 Phoenix,AZ 85016 Attn:Pamela L.Stocks RESOLUTION NO.2005/ CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: Sub 99-08255 Developer: Shag II,IndastriesofNorth7tCalifo�rni Original Agreement Date: September 21, 1999 2nd Extension New Termination Date: September 21,2W;�00(p Improvement Security Surety: American Casualty Company of Reading,PA Bond Number No. (Date): 929 097486(8/31/99) Secupity Tyne Security Amount Cash: S 1,100.00(1%cash,$1,000 Min.) Bond Rider: $15,930.00(Performance) $53,700.00(Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thr� ,d acknowledge same. Dated: Dated: Seto nber 6 2005 Shapeg/ll y I tries/:o;f',yo V$yo t n�Ca ax-ru a, 0+ �� 4iFT i6:� FOR CONTRA COSTA COUNTY Dev I per's Signet re(s) # 1,'-t +P ' Maurice Sh' Public Works Director 45`V CY By: Printed f De to er's Signatures} RECOMMENDED FORA VAL: By: f Printed (Engineerin ' es i vision) 100 N. 11i.lpitas Blvd. 11; p' a , CA 95035 Address'r American Casualty Company of Reading, PA (NOTE. Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 2355 E. Carnelback Road, Suite 500 PORM APPROWD W�J,W.�,C-N C-1 (I.Z. AZ- 85016. Address After AWroval Return to Clerk of-the Board Attorney 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 corporations,and American casualty Company of heading,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 oflllinois,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 Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attoey(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 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 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- raWORArg .,st +►ntarpo American Casualty Company of Reading,Pennsylvania Y3 �� teat Michael Gengler Senq1r Vice President State of Illinois,County of Cook,ss: On this 21st day of March,2005,before me personally came Michael;Oengler 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 heis 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 iexecuted 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. C>fPICM tleAl SAA Plttt:E aorewr�eurt.�dadtos wwar. w�awwr,wnsps My Commission Expires September'17,2045 Eliza Price Notary Public CERTIFICATE l;Mary A.Itibiltmkis,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 bth day of Seiatanber , 2005 Continental Casualty Company National Fire Insurance Company of Hartford '01 American Casualty Company of Reading,Pennsylvania .r31.RlwAl M 1647 �'g� • . ,;� ro Mary A. ika Itis 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, bands, 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 attortiey-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 seat of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article LX 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 an 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'a€Directors of the Company: "Article Vl— xecution 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-iia-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 attorneyssubject 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,Senioror Group Vice President 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 ofDirectors of the Company at,a meeting duly called and held an the 17'h day of February,1993. "Resolved,that the signature of the President orany Executive,Senior or Group Vice President and the seat of the Gampany 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 fallowing 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,bonus,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 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 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." 3,.,;„ 3::,: ,:,: _..N„ .NX.. Nn' -'pN.,. 3�'3F:'73[R:: State of California County of Los Angeles On September 6, 2005 before me. Sandy Hanner-Notary Public Gate NAME. TITLE OF OFFICER., "JANE OOE. NOTARY PUBLIC' personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) {X) personalty known to me —OR — (.... ) proved to me on the basis of satisfactory evidence to be the person(s) whose name(*) is/sone► subscribed to the within instrument and acknowledged to me that his/she/VW executed the same in%lois/her/Ruk authorized capacity0se), and that by kiWherl#m# signatures)on ft instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. SANDYHANNER WITNESS, y hand and o seal. Commission#1382157 ' O Notary Public.California Los Angeles County 51GNA RE Q NOTARY 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 form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL {._..) CORPORATE OFFICER TITLE(S) TITLE ON TYPE OF DOCUMENT PARTNER($) {_..) LIMITED (�) GENERAL NUMBER OF PAGES (X) ATTORNEY IN-FACT t---) TRUSTEE(S) GUARDIAN/CONSERVATOR {._...) EITHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Casualty Company of Reading, Fennsylvania SIGNER(S) OTHER THAN NAMED ABOVE Ci-t07426.5 <\� \/'l�/\/\/'.'\/.'�l.'\/�'\/\/WtiNW/\.ni"V1 V✓V\/\M/.l.i\/\/\/VW\/V'/\.^/\//Y"�.^..�.''/✓/\%'.\/1"l+.i\/a�"\N"/'v\/./'.//`✓i"\N\,'//v\/\,n.'\/\FV\.NWM//\/\M/\/\/'.//f`✓f'/'.) �N'/4^„'.:\/\.\/,V.,'\N'\/:.,'\\/.'\/vNv\//l'\/�n/�/�l`�/vVVNV'v\/\ NV�'Y'✓/Y'v.'�.1Nv`vv'.,�l.iV✓V/'..'VW*/N\^✓iw\//WV�.�IVV\M^\/v/v\NW.'\,N\/.i vv v v CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT � State of California SS 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. �s S t KRUSE WITNESS my hand and official seal. � Cornn*sion#1697428 r s Notary Public-Ccl#omia a sans Clara c0UrWV F ?r Y .Expkes11tiv24,2Sign tore of Notary Public Optional Information `3 Title or Type of Document: Subdivision Agreement(Right of Way Landscape)99-08255 s Capacity Claimed by Signer: Assistant Vice President&Assistant Secretary of Shayell:.Industries,Inc. .z s� �s } S