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Home My WebLink AboutMINUTES - 12052006 - C.9 SEti L Contra 45�'�• `='�F TO: BOARD OF SUPERVISORS :�-= 3 —_�; FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ; � x. z Costa DATE: December 5, 2006 o r`4 COlJN"� County SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Drainage Acceptance 02-00014(cross-reference Subdivision 95-07984),for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/1f for Drainage Acceptance 02-00014(cross-reference Subdivision 95-07984), approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping), for project being developed by Shapell Industries of Northern California,a Division of ShapeIl Industries,Inc.,a Delaware Corp.,San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer has not completed the warranty period and the Subdivision Agreement(Right-of-Way Landscaping) has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right-of-Way Landscaping)guaranteeing completion of the improvements will not be renewed. Continued on Attachment: L// SIGNATURE: ` _jeRfCOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE L_-APPROVE OTHER SIGNATURES : , ACTION OF BO ON APPROVED AS RECOMMENDED OTHER E OF SUPE (SOR_S • I hereby certify that this is a true and correct UNANIMOUS )(0.. cWf- /�6 r/� AYES: NOES: v copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the EB:vz date shown. G:IEngSvc1B012006U 2-051130-11 DA 02-0014.doe Originator: Public Works(ES) Contact: T.Rie(313-2363) Bond No/Dale:929247999(August 23,2003) ATTESTED: 1/iGf�/7"�JL/e tm-oy cc: Public Works-Construction JOHN CULLEN, Clerk of the Board of Current Planning,Community Development T-August 1,2008 Supervisors and County Administrator Shapell Industries of Northern California 100 North Milpitas Blvd Milpitas,CA 95035 Atm:Sam Worden National Fire Insurance Company of Hartford By , Deputy 2355 E.Camelback Road,Suite 500 J Phoenix,AZ 85016 Attn:Gina O'Shea THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 5, 2006 by the following vote: AYES: Uilketna, Piepho, Glover and Gioia NOES: None VACANT: DISTRICT IV SUPERVISOR DESAULNIER ABSTAIN:.None RESOLUTION NO. 2006/ ;Z5—/ SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Drainage Acceptance 02-00014 (cross-reference Subdivision 95- 07984), for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp., 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 Subdivision Agreement (Right-of-Way Landscaping) between Shapell Industries ofNorthem California,a Division of Shapell Industries,Inc.,aDelaware Corp. and the County for construction of certain improvements in Drainage Acceptance 02-00014 (cross-reference Subdivision 95-07984),in the San Ramon(Dougherty Valley)area,through October 1, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: September 2015 ♦ REASON FOR EXTENSION: Completion of maintenance warranty period. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. LB:vt I hereby certify that this is a true and correct copy of an action taken G:\EngSvc\BO\2006\12-05\BO-I1 DA 02-0014.doe and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) Shown. Contact: T.Ric(313-2363) Bond No/Date:929247999(August 23,2003) ATTESTED: AcG �� oG�1:�. cc: Public Works-Construction JOHN CULLEN, Clerk of the Board of Supervisors and County Current Planning,Community Development T—August 1,2008 Administrator Shapell Industries of Northern California 100 North Milpitas Blvd Milpitas,CA 95035 Atm:Sam Worden By ,Deputy National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Atm:Gina O'Shea ,y,� RESOLUTION NO.2006/ /4'/ CONTRA COSTA COUNTY SUBDIVISION AGREEMENT (RIGHT-OF-WAY LANDSCAPING) EXTENSION Development Number: DA 02-00014(cross-reference SD 95-07984) Developer: Shapell Industries of Northern California, a Division ofShapell Industries,a Delaware Corp. n Original Agreement Date: October 1,2002 V•? Second Extension New Termination Date: October 1,2008 Improvement Security Surety: National Fire Insurance Company of Hardord Bond No. (Date): 929247999(August 23, 2002) Security Tvpe Securitv Amount Cash: $4,700.00(1% cash, $1,000 Min.) Bond Rider: $70,065.00(Performance) $235,900.00(I.,abor&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 t eret and acknowledge same. Dated: 1 UZ 444 Da e Oct r 16, 2006 B FOR CONTRA COSTA COUNTY o er's Sbgniat u ( ) Maurice M. Shiu,Pu�bl�icj Worlds JU '1 � �^^ Printed By: Q V a Deve er's ature(s) RECOMMENDED FOR APP VAL: Printede_ c By: �J (Enginee=in t i t ision) 100 N. Milpitas Blvd., Milpitas, CA 95035 Address National Fire Insurance Company of Hartford (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must he Notarized.) 2355 E. Camelback Road, Suite 500, Phoenix, AZ 85016 WKNI AYYROVEO:Vrtbl J.WBUlun,COW,Caunul Address/ After Approval Reown to Clerk of the 6om Attorney in Facts Signature Gina O'Shea, Attorney-in-Fact Printed 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On October 30,2006,before me, Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. JANICE L KRUSE WITNESS my hand and official seal. Commission# 1597428 r> / �i Notary public-California V Santa Clara county My COMM.EXPir83"24.2 Sign ture of Notary Public Optional Information Title or Type of Document: Subd.Agr. Ext. Security Bond - SD 95-07984 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shavell Industries,Inc. 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,an Illinois 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 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 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 15th day of August,2006. OASuq�r tMSUJJq CW Continental Casualty Company National Fire Insurance Company of Hartford ca+^O'ure � sMtolna+ar� American Casualty.Company of Reading,Pennsylvania =O 2 a S JULY 31. 1 J SEAL 1897 HARD - • e�`a* Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 15th day of August,2006,before me personally came Thomas P.Stillman to me known,who,being by me duly swom,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,an Illinois 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' ; MARIA M.MEDINA i MY C�tian ExpF••3116ADY: _ My Commission Expires March 15,2009 Maria M. Medina Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois 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 16th day of October 2006 �ASUI4T ' t11SUR4o, Continental Casualty Company National Fire Insurance Company of Hartford ooppo"re , %Ncow► Wren A American Casualty Company of Reading,Pennsylvania F . v :.. g Z s IDLY 11, OU SEAL C ! I= 1897 HARD • Mary A.qikajokis Assistant Secretary Form F6853-11/2001 t State of California County of Los Angeles On October 16, 2006 before me, Sandy Hanner- Notary Public Date NAM£, TITLE OF OFFICER., 'JANE DOE. NOTARY PUBLIC' personally appeared Gina O'Shea NAME(S) 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(st) ishate subscribed to the within instrument and acknowledged to me that tele/she/tb( executed the same in)bis/her1ftW authorized capacityWs), and that by tis/her/ttxWr signature(s) on the instrument the person(S), or the entity upon behalf of which the person(%) acted, executed the instrument. DY HAMER WITNESSy hand a�al seal. _ Cortxnisslon S 1672602 ro Notary Public -CaBfotnla �_ Los Angeles CamNISIGNAT OF NOTARY comm. rw 2,2oto OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the documen 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(S) (_) GUARDIAN/CONSERVATOR (_) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Nafinnal Fire Insumnca Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE Q-107426-8