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HomeMy WebLinkAboutMINUTES - 02142006 - C.13 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SH1U, PUBLIC WORKS DIRECTOR C ' 3 DATE: February 14, 2006 SUBJECT: Approving the Fourth Extension of the Subdivision(Right of Way Landscaping)Agreement for SD 98-08134, San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION _RECOMMENDATION(S): ADOPT Resolution No. 2006/ for SD 98-08134,approving the Fourth 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., a Delaware Corp., San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Subdivision (Right of Way Landscaping) Agreement has expired and the improvements have not been completed. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision(Right of Way Landscaping)Agreement guaranteeing completion of the improvements will not be renewed. Continued on Attachment: —�-' SIGNATURE: Vlk-4 . =COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE :PPROVE OTHER SIGNATURE(S):aa6w—,� ACTION OF BOAN Y APPROVED AS RECOMMENDED_j.Z-OTI-IER I hereby certify that this is a true and correct copy of an action taken and entered on the vo OF SUPERVISORS minutes of the Board of Supervisors on the UNANIMOUS(ABSENT Oar/ ) date shown. AYES: NOES: ABSENT: ABSTAIN: LL:rm ATTESTED: G:IGrpDataTngSvc�BO�2006102-14LSD 98-08134 BO-1 i.doc JOHN SWEETEN, Clerk o Board of Originator: Public Works(ES) Contact: Teri Ric(313-2363) Supervisors and County Administrator cc: Public Works—Construction Current Planning,Community Development T—7/21/06 Shapell Homes By eputy 100N.Milpitas Blvd. Milpitas,CA 95035 Atm:Sam Worden American Casualty Company of Reading,PA 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Gina O'Shea THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 14, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaidnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Approving the Fourth Extension of the Subdivision (Right of Way Landscaping) Agreement for SD 98-08134, San Ramon(Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the fourth agreement extension which extends the Subdivision (Right of Way Landscaping) Agreement between Shapell Industries of Northern California,a Division of Shapell Industries Inc.,a Delaware Corp. and the County for construction of certain improvements in SD 98-08134,in the San Ramon (Dougherty Valley) area, through September 21, 2006; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 30% ♦ ANTICIPATED DATE OF COMPLETION: November 2007 ♦ REASON FOR EXTENSION: All units need to be completed before landscape can be completed. Work proceeding with construction phasing. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LL:rm G:\GrpData\EngSvc\BO\2006\02-14\SD 98-08134 BOA Ldoc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an action taken Contact: Teti Rie(313-2363) and entered on the minutes of the Board of Supervisors on the date shown. cc: Public Works—Construction Current Planning,Community Development T-7/21/06 ATTESTED: G6 ry Shapell Homes 100 N.Milpitas Blvd. JOHN SWEETEN, Clerk oft oard of Supervisors and County Milpitas,CA 95035 Administrator Attn:Sam Worden American Casualty Company of Reading,PA 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Gina O'Shea By ,Deputy RESOLUTION NO.2006/ 7� CONTRA COSTA. COUNTY RIGHT-OF-WAY LANDSCAPING AGREEMENT EXTENSION Development Number: SD98-08134 Developer: ellIndu tr'e of N0111 rn Cal'forniat Original Agreement Date: September 21,1.999 �f 4th Extension New Termination Date: September 21,2006 Improvement Security Surety: American Casultyof Reading,PA. Bond Dumber No. (Date): 929097481 (August 31, 1999) Securit-N•TvPe Securit-v Amount Cash: S 3,900.00(1% cash,51,000 Min.) Bond: S 38.9,300.00 (Pcr.formance) S 196,600.00(Labor S Material) The Developer and the desire this Agreement to be extended through the above date;and Contra Costa CountN and said hereby agree thereto and acknowledge same. Dated: D e : Set 7 2005 Bf: , v vo, FOR CONTRA COSTA COUNT Deve oiler's Sig .-nature(s) d-a. Maurice M. Shiu. Publi�jcrk r r J'V� By: (/I ��"^� Printed J Dev oiler's Signatures) RECOMMENDED FOR APPROVAL: By: kl�liw�, J Printed ices Division) 100 N. Milpitas Blvd. Milpitas, CA 95035 Address American Casualty Company of Reading, PA (NOTE: Developer's, Suretr s and .Financial Surety or Financial Institution Institution's Signatures must be Notarizerl.) 2355 E. Camelback Road, Suite 500 Phoenix, AZ 85016 }T;!.S Af•�"i211\l:Ik l';t ri.i1'.:-+.z.(:•«,„l•w.:r' . Address t After,4nnrtnyd Return to Clerk attire Bonrrl Attorney in Facts Signature Gina O'Shea , -Attorney—in—Fact Printed 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 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 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 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`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 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 of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attorney-In-Fact Section 2. 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 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 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'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 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 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,Attomeys-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 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, 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." 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 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 Attomey,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attomey 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 12th day of September,2005. vG �4 ttfSURq ,, Continental Casualty Company ��P y ��.� National Fire Insurance Company of Hartford ' GORPORAre ewto American Casualty Company of Reading,Pennsylvania s ALLY 71. F • 0 Ov SEAL " 1 1897 NAR • "- Michael Gengler Sen' r Vice President. State of Illinois,County of Cook,ss: On this 12th day of September,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. 'OFFICIAL SEAL- ; MARIA M.MEDINA �I7. / A'•` (`yw/� `y_y� • y Co mmWo Stw of 115AMbwb • 'l I' �-W�"�� ' 'L• , ' �MY Conunis�ial Fina 3/1b/09 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,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 27th day of September 2005 GASw�r tNSUR Continental Casualty Company National Fire Insurance Company of Hartford CORP, T BMs rfo American Casualty Company of Reading,Pennsylvania Z a JURY N. ou SEAL e 1902 1897 NARK Mary A.qikaiekis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On September 27, 200E before me. Sandy Hanner- Notary Public Date NAME. 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(o is/am subscribed to the within instrument and acknowledged to me that ire/she/tifk executed the same in Us/her/lftir authorized capacity0 es), and that by kwher/#*# signature(s) on the instrument the person(g), or the entity upon behalf of which the person(SL) acted, executed the instrument. WITNESand and off* - seal. SANDY HANNER Commission#1362157' 4AMy Notary Public-California Los Angeles County 'SIGNA E OF NOTARY 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(S) (_) GUARDIAN/CONSERVATOR (�) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Casualty Company of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE G-107426.9 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable suretylinsurer deductible. Form F7310 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On October 3, 2005,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 T.KRUSE WITNESS my hand and official seal. Commission# 1597428 -� Notary Public-California Santa Clara County w J My Comm.Expires Aug 24,2009 Si ature of Notary Public Optional Information Title or Type of Document: Sudivision (Landscape)Agreement Extension 98-08134 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries,Inc.