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HomeMy WebLinkAboutMINUTES - 11012005 - C2 TO: BOARDOF SUPERVISORS FROM: MAURICE M.SHIU,'PUBLIC WORKS DIRECTOR DATE: November 1, 2005 SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for Right of Way Landscaping for DA 02-00016 (cross-reference Subdivision 95-07984), San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)'OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No.2005/ for DA 02-00016 (cross-reference Subdivision 95-07984), approving the Second Extension of the Drainage Improvement Agreement for Right of Way Landscaping, for project being developed by Shapely industries of Northern California, San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Drainage Improvement Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Drainage Improvement Agreement will not be renewed. Continued on Attachment: L--- ' SIGNATURE: ECOMMENDATION'OF COUNTY ADMINISTRATOR RECOMMENDATION'OF BOARD COMMITTEE ,-APPROVE OTHER SIGNATU E S : ACTION OF''BOA N 232her 0./ aZ0 dP4S- APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the voT F SUPERVISORS ,�+ minutes of the Board of Supervisors on the UNANIMOUS(ABSENT N�`'�'�' C'' 1 date shown. AYES: NOES: ABSENT: ABSTAIN: TR:ma ATTESTED: v m �- ©/ o,Zee S— Gi+GrpData%EttgSvc1BO\2005Y11-01t13A 02-00016 BO-11.doc Originator: Public Works(E5) 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—February 7,2005 Shapell Industries ofNorthem California By Deputy 100 N.Milpitas Blvd, Milpitas,CA 95035 Atm;Jim Gold and Steve Savage National Fire Insurance Company of Hartford 2355 E.Camelback Rd.,Ste 500 Phoenix,AZ 85016 Atm:Pamela L.Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on November 1, 2005 by the following vote: AYES, Gioia,Plepho,DeSaulnler,Glover and:Uilkema NOES: None ABSENT 1. None ABSTAIN: None RESOLUTION NO. 2005/ qr0?' SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for Right of Way Landscaping for DA 02-00016(cross-reference Subdivision 95-.07984),San Ramon(Dougherty Valley)area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Drainage Improvement Agreement between Shapeil Industries of Northern California and the County for construction of certain improvements in DA 02- 000 16, 200016, in the San Ramon(Dougherty Valley) area, through April 1, 2006; APPROXIMATE PERCENTAGE OF WORK COMPLETE: 80% ♦ ANTICIPATED DATE OF COMPLETION: February 7, 2007 REASON FOR EXTENSION: The Right of Way Landscaping Agreement has expired. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. TR:rm I hereby certify that this is a true and correct copy of an action taken G:\GrpData\EngSvc\BO\2005\11-01\DA 02-00016 BO-1 I.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) Shown. Contact: Teri Rie(313-2363) ,,�r//�� W. Public Works—T.Bell,ConsDeven ATTESTED:__ ,,/i 00�e "ht-y Cl., 020^5— T O>5- Current Planning,Community Development T-February 7,2005 JOHN SWEETEN, Clerk of the Board of Supervisors and County Shapell Industries ofNorthem California 100 N.Milpitas Blvd. Administrator Milpitas,CA 45035 Atm:Jim Gold and Steve Savage National Fire Insurance Company of Hartford 2355 E.camelback Rd.,Ste 500 By ,Deputy Phoenix,AZ 85016 Atm:Pamela L.Stocks RESOLUTION NO.2005/ a CONTRA COSTA COUNTY Subdivision (Right-of-Way Landscape) AGREEMENT EXTENSION Development Number: DA 02-00016(x-ref sub 7984) Developers Shopell Industries of Northern California Original Agreement Date: April 01,2003 ti 2nd Extension New Termination Date: April 01,2 Improvement Security Surety: National Fire Insurance Company of Hartford Bond Number No.(Bate): 929 248 000(8/23/02) Security Tyne Security Amount Cash: S 3,300.00(1% cash,51,000 Min.) Bond. S 329,700.00 (Performance) S 156,500.00(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 :fret and cknowledge same, Dated: fated: AmAst 29, 200 Shapell Industries o th�ern California FOR CONTRA COSTA CCJUNT, eloper"s Signature(s) Maurice M Sbiu,Public rks re r 7'` V-P B =: G ' 1� Printed - d Dev apex's Signature(s) RECOMMENDED FOR APPROVAL: C10 Y, By: Printed T (ingineeriNt rvic ``on) 100 N. N, lpitas Blvd. Milpitas, CA 95035 Address National Tire Insurance My of Hartf=d (NOTE.- Developer's, Suretpls and Financial Surety or Financial Institution Inst'itud on's Signatures mist be Notarized.) 2355 E. Camelback Road, Suite 500 AZ 85016 IMMAKINVATI);V�*v)Wtwn ,. %?!Voo wl Address After-diaproyd AgLgrij to .f tk fmMe&en' ✓ " A orney in Facts Signature Pamela L. Stocks 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 Ball,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawfid 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 dulyyauthori zed officer of their corporations and al I 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 American Casualty Company of Reading,Pennsylvania SEAL Michael Gengler Sen,7r'Vice President State of Illinois,County of Cook,ss: On this 21 st 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. OFF4CIAL SEAL s M'{.IZA lM110E � I� norM+r wr�c,ar�v axuwoN .�aMrwr� �em:rw My Commission Expires September 17,2005 Eliza Price Notary Public' CERTIFICATE 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 pr►ntedgththe reday of verse his still itforce.in testimony vht of I have hereunto subscribed my name and affixed the seal of the said corporations this 1 h ,LLOO , Continental Casualty Company National Fire Insurance Company of Hartford c°`"0"`4 ash American Casualty Company of Reading,Pennsylvania anv X 'u SEAL Form Fti$53-11/2001 Mary A. ika is Assistant Secretary' .. 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 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 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,Corripany., 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 Fey-Law duly adopted by the Board of Directors of the Company. "Article VI--execution of Obligations and Appointment of Attorney-In-Fatt 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 Iimitations 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 anytime 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 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 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 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 ompany.,'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 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 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 Boatd 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." R111a State of California County of Los Angeles On August,29,2005 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) (-2L) personally known to me--OR— (...._)proved to me on the basis of satisfactory evidence to be the person(s)whose name($)is/w* subscribed to the within instrument and acknowledged to me that histsheltbe*executed the same in shits/hertliae'K authorized capacity(We), and that by Wher/#Wk "nature(s)on tate Instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. r.a.r► +. rrrWITNESS, y hand and qftlal seat. SANDYi IANNI_R Comtnlssion#13621 57 Notary Public-Caiiiomia SIGNATURE OF NOTARY Los Angeles County My Comr t.,F- pires Jut 2,2008 f 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 CLAWED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ( ...�) INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT {.._.) PARTNER(S) (.�) LIMITED {�)GENERAL NUMBER OF PAGES ( ) ArrORNEY IN-FACT (_...) TRUSTEE($) (_...) GUARDIAN/CONSERVATOR {.....) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) National Fire tnsuranc .CompAnv of Hartford SIGNER(S) OTHER THAN NAMED ABOVE Qt0747p.e ,? V-.. V `- V\MrV4^ �/\i.MVI/'u/�/Y"+.1h.",�*.^.V\/ti /�'V\.�/`✓+.�l4VV'i'�r"..'.,^./V ♦�/�\,".. N`,./.v - �/'� 'l."v\i\�,n/`✓�✓�, ./\ 'V^�^VV"Vi.'�,n/�/�/VV.�/�.N�'V ti.'V�, r *\( �V�/'^�'v\/�.'^�/�-' N�fE/\n.✓�/V^/�N�^./"/\/V"./J4 .n..^J����/v�1/r✓W4`..'�,'✓/.N'./�!�/v.�V�i � li`.'�^\i/"N� ^�/�".'�/i..v'CNV.;'�./✓\.^/V�/'�'�/\!V�/`v'�N'V\ry.�/v'�/`✓*ll/�/.v'�F'.�4�/�,�) z� 5 _t� s CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT s State of California County of Santa Clara s On August 31, 2005 before me,Janice T. Kruse,Notary Public personally appeared, s J.C.Truebjridge& Ken Cox personally known to me to be the persons whose names are ss s subscribed to the within instrument and acknowledged to me that they executed the same ss in their authorized capacity, and that by their signature on the instrument the persons, or s� the entity upon behalf of which the personsacted,''executed the instrument. }L z; C4XnMhMM#1597424 WITNESS my hand and official seal. s� Nin+htft-cal wft kvftcam► s MvCoMMiXP*A"24, t Si tore of Notary Public s 4� y Optional Information Title or Type ofDocument: Landscaping Agreement Extension- RA02-00016,Tr. 79$4 ? Capacity Claimed by Signer: Assistant Vice President&Assistant'Secretary of Shaped Industries,Inc. s SC S� ., .:�. .��. . . ,� _ _��. ..�.:;, ..� ,�....�..�n.tiv� V. '.�..i�a','ti tiv. .,... _.�nY;^.` .'�.�.f}.�.., -.,-v.�. ,�. .u�i.:':v.,�/2,.^✓�.�.�ri S��.�. �utiv�vv� -.