Loading...
HomeMy WebLinkAboutMINUTES - 10252005 - C21 TO: BOARD OF SUPERVISORS G►• 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 Subdivision 99-08255, San Ramon ou ertValley)area. District III) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RE COMMENDATION(S): ADOPT Resolution No. 2005/ OX for Subdivision 99-08255, approving the Second Extension of the Subdivision(Right of Way Landscaping)Agreement for prof ect 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 CtECOMMENDATION(S): The Subdivision(Right of Way Landscaping)Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision (Right of Way Landscaping)Agreement will not be renewed. Continued on Attachment: ✓ SIGNATURE: -R ECONIMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURE(S): ACTION OF BOA DON' O -e-y' APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct vo OF SUPERVISORS , � copy of an action taken and entered On the ✓ UNANIMOUS(ABSENT No P*g.-) minutes of the Board of Supervisors on the AYES: NOES: date Shown. ABSENT: ABSTAIN: BB:rrn f�'���,/..--/ G:\GrpData\EngSvc\BO\2005\10-25\SD99-08256BO-Il.doe ATTESTED: &67,7-A"'v' �� Originator: Public Works(ES) JOHN SWEETEN, Clerk of the Board of Contact: Teri Ric(313-2363) Supervisors and County Administrator cc, Public Works—T.Bell,Construction Current Planning,Community Development T—July 21,2007 Shapell industries N. Northern California B loo .Milpitas Blvd. By..._. , Deputy Milpitas,CA 95035 Attn::J.Gold and S.Savage American Casualty Coany of Reading,PA 2355 E.CamelbackRoad,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 followingvote: AYES: Gioia,Piepho,De aulnier,Glover and Uilkemia NOES: Mane ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ G F SUBJECT: Approving the Second Extension of the Subdivision (Right of Way Landscaping) Agreement for Subdivision 99-08256,San Ramon(Dougherty Valley)area.(District 111) 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 99-08256, 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 Subdivision(Right ofWay Landscaping)Agreement has expired. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. BB:rm G:\G,pDataiEngsvc\ao\2005\10-25\SD 99-08256 Boa t.ddoc 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: Teti Ria(313-2363) shown. cc: Public Works—T.Bell,Construction �r r Current Planning,Community Development ATTESTED: T-July 21,2007 Shapell industries ofNorthern California JOHN SWEETEN, Clerk of the Board of Supervisors and County 100 N.Milpitas Blvd, Administrator Milpitas;CA 95035 Attn::L Gold and S.Savage- American Casualty Company of Reading,PA 2355 E.Camelback Road,Ste 500 Phoenix,AZ 85016 By_ ,Deputy Attn:Marie A.Cook � RESOLUTION NO.20051 9 CONTRA COSTA 'COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: Sub 99-08256 Developer: Shap 1t Bir Xndustries of Northern allif—ornia � Original Agreement Date: September 21, 1999 6 2nd Extension New Termination Date: September 21,zaoT W6 -- Improvement Security Surety: American Casualty Company of Reading,PA Bond Number No. (Date): 929 097 487 (8/31/99) Security Tyne Security Amount Cash: $3,100.00(1%cash,$1,000 Min.) Bond Rider: $45,645.00(Performance) $ 153,700.00(Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date,and Contra Costa County and said Surety herebya ree d ereto and acknowledge same. Dated: 0 Dated: September t�f �N6j 20055 �pell 4k aide t ' OL11ias .f/tsst FOR CONTRA COSTA COUNTY Developer's Signature ) Gil Maurice Shiu ublic Works Director By: PrinteAei' r Ira De elignature(s) RECOMMENDED FOR AVAL: (` By: t ' Printed (Engineers Services Division) 100 N. Milpitas Blvd. Milpitas, CA 95035 Address American Casualty Cornpany of Reading, PA (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 2355 F. Camelback Road, Suite 500 Pho ' Az $5016 FORM APPROVM, Vi—T w retm.n,C-My C-1 dress' After Approval Return to Clerk of the Board Attorney in Facts Signature Pamela L. Stocks, Attorney-an-Fact Printed POWER OF ATTORNEY APPOINTING INDIMUAL ATTORNEY-IN-FACT Know Ali Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire InsuranceCompany 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 Hail,Sandra V Hanner,`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 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 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. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania n 31, SEAL Michael Gengler SenYr'Vice President State oflllinois,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 offlartford,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. OFFICIAL SEAL • rorNer�rtw irwn ao rwras rr a�rrruwuvwwe+nx�or My Commission Expires September 17,2005 Eliza Price V Notary Public' +CERTIFICATE I,Mary A.I:ibikawskis,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 printe4,g4 the reverse hereof is still in force. In testimony whereofl have hereunto subscribed my name and affixed the seal of the said corporations this day of September , 2005 cW Continental Casualty Company National Fire Insurance Company of Hartford ooeaaure .r� 40 American Casualty Company of Reading,Pennsylvania JULY 1. SM 19117 Mary A.R. ika'' is Assistant Secretary Form F6$53.1'1/2(}Ul' ........... ........................... ................. ........ ............................................... .......... ................... ...... 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 M—Execution of Documents Section 3. Appointment of Attomey-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 seat 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 Article IX of the By-Laws;and the signitture 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 0bligations and Appointment of Attorney-la-Fact Section 2. Appointment of Attorney-mi -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 attomeys-in-fact, subject tothe 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 sea]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 attorricy-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 dulycalled and held on the 171"day,ofFebruary,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 Assistant cr tary an 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 ismade 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,Attomeys4n-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 underand 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 Secret*or an Assistant Secretary and the seal of the Corporation may be affixed by facsimileto 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 towhich'it is attached,continue to be valid and binding on the Corporation." .......... ............ .......... State of California County of Los An�c ales On September 6,2006 before me. Sandy Hanner Notary Public Oats NAME, TITLE OF OFFICER.. "JANE 50E. NOTARY PUBLIC" personallyappeared Pamela L. Stocks NAME(S)OF SIGNEA(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 its/she/arc executed the same in lherl*,wk authorized capacitypeas), and that by bties/her/#*# signature(s) on the instrument the person(, or the entity upon behalf of which the person() acted, executed the instrument. •� .:. .••• WITNESS y hand and oat seal. SANDY HANNER Commission#13621577 Notary Public-California `LpE O ©TARY 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 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(IES) American Casualty Company of Reading, Pennsylvania StGNEA(S) OTHER`THAN NAMED ABOVE t4.187426.8 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On September 12, 2005 before me,Janice T.Kruse,Not Public personally appeared, J.C.Truebridge& Ken Cox personally known tome to be the persons whose names are subscribed to the within instrument and acknowledged tome 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. Comm"M r7AI 1597428 WITNESS my hand and official seal. 18 Notary Put ac-CaNWNo 6 saroo Clara Cots* AU%24.24 Si ature of Notary Public Optional Information Title or Type of Document: Subdivision Agreement(Right of Way Landscape) 99-08256 Capacity Claimed by Signer: Assistant Vice President&Assistant.Secretary of Shavell Industries, Inc.