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Home My WebLink AboutMINUTES - 02282006 - C.10 TO. BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: February 28, 2006 SUBJECT: Approving the Second Extension of the Road Improvement Agreement for RA 01-01122 (cross- reference Subdivision 95-07984), San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for RA 01-01122 (cross-reference Subdivision 95-07984), approving the Second Extension of the Road Improvement Agreement for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Road Improvement Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement extension will not be renewed. Continued on Attachment: L,---' SIGNATURE: _✓RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE --7CPPROVE OTHER SIGNATI.JRE S ACTION OF BO D N s^ APPROVED AS RECOMMENDED OTHER VOTE F SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LL:nn G:\GrpData\EngSvc\B0\,2006\02-28\RA 01-01122 BO-1 Ldoc Originator: Public Works(ES) ATTESTED: Gd 14 Contra: Teri Ric(313-2363) JOHN SWEETEN, Cler f the Board of cc: Public Works—G.Paduveris,Construction Current Planning,Community Development Supervisors and County Administrator T—July 17,2007 Shapell Industries 100 N.Milpitas Blvd. Milpitas,CA 95035 Atm:S.Worden,S.Savagc By , Deputy National Fire Laurance Company of Hartford 2355 E.Camelback Rd.,Ste 500 Phoenix,AZ 85016 Attn:Gina O'Sbea THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 28, 2006 by the following vote: AYES: SUPERVISORS PIEPHO. DeSAULNIER, GI-OVER, GIOI.A NONE: NONE ABSENT: SUPERVISOR UIL.KEMA ABSTAIN: NONE RESOLUTION NO. 2006/ SUBJECT: Approving the Second Extension of the Road Improvement Agreement for RA 01- 01122(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 Road Improvement Agreement between Shapell Industries of Northern California, a Division of Shapell Industries, a Delaware Corp. and the County for construction of certain improvements in RA 01-01122 (cross-reference SD 95-07984), in the San Ramon(Dougherty Valley) area, through September 17, 2007; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: January 2006 ♦ REASON FOR EXTENSION: Project in warranty period, renewal agreement extension expired. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LL:nu I hereby certify that this is a true and correct copy of an action taken G:\GrpData\[ngSvc\BO\2006\02-28\RA 01-01122 BO-11.doc 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—G.Paduvcris,Construction ATTESTED: �C6YSGC?i�y ° , o2t�lo Current Planning,Community Development JOHN SWEETEN, Clerk he Board of Supervisors and County T—July 17,2007 Shapell Industries Administrator 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:S.Wordcn,S.Savage National Fire Insurance Company of Hartford By Deputy 2355 E.Canulback Rd.,Ste 500 ' Phoenix,AZ 85016 Attn:Gina O'Shea 2 RESOLUTION NO.2006/ ,/ •1 CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number RA-01-01122 (t-ref sub 7984) Developer: Shapell Indy)stries of Northern California.r Q djotsl M C4- Sb&Pell Ti%eW, �W5 ; A Original Agreement Date: September 17,2002 belet W Q✓e CtW e t 2nd Extension Now Termination Date: September.17,20010 Improvement Security Su r•cty: National Fir•e.Insur ince Company ofNartford Bond Number No. (Date): 929 247 985 (August 14,2002) Security Tvpe Security Amount Cash: S 77,600.00 (1.9/6 cash,S1,000 Min.) Bond: S 1,152,885.00 (Performance)CbCY4- r, S-A-) S 3,881,750.00 (Labor-& Material) The Developer and the Surety desire this Ag*reement to be extended through the above date;and Comm Costa County and said Sm-ety hereby a_grec th reto and acknowledge same. Dated: 4 Dated: Se er 14 2005 FOR CONTRA COSTA COUNTY Devclo i's ignature(s) Maurice M. Shn Public Works Director Fav: Printed Developer's Signatu-e(s) RECOMMENDED FOR APPROVAL: Qobu+ b vi�1oa►% Ami V_T_ Bv: Printed (Engin erig . �rrices Division) 100 N. Milpitas Blvd. 11ilpitas, CA 95035 Address National Fire Insurance Company of 14,qrt-fnrd (NOTE: Developei,% Surgj?!v and Financial Surety or Financial Institution Institution'v Sil;nafures Worst be NotaHze(L) 2355 E. Camelback P.oad, Suite 500 -PhoercLx, AZ 85016 Address -if Annrmrd Relruir!n CICrb ntI/ie 13nn�d � ' Attorney in Facts Sibnature 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 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 0 -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. GASr INSURq Continental Casualty Company National Fire Insurance Company of Hartford GORPOPArE 0 ��K�ORPoa4T�e -� American Casualty Company of Reading,Pennsylvania Z JULY 71. Gid SEAL C ids T=� ! 1942 T — 1897 NpR� b • Michael Gengler Seni r 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 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,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 • 8 9Z PRICE • IID)Af1Y 11111C.ffATE OF R1i101� W CorMrnM VVWM n7MS My Commission Expires September 17,2005 Eliza Price V 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 o 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 l+th day of September 2005 GAS B<} 0ASUR4Continental Casualty Company � ° �'b National Fire Insurance Company of Hartford copPa+arE 9 �NsatPDftarFo American Casualty Company of Reading,Pennsylvania Ov SEAL ♦ ! JULY 31, 1897 NaR�od° b • Mary A.Rikafjkis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On _ September 14, 2005 before me. Sandy Hanner- Notary Public Oats NAME, TITLE OF OFFICER., "JANE DOE. NOTARY PUBLIC" personalty appeared Pamela L. Stocks 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/ins subscribed to the within instrument and acknowledged to me that bras:/she/th fc executed the same in-his/her/ftir authorized capacityons), and that by hiGdher/#tt# signature(s) on the instrument the person(§), or the entity upon behalf of which the person(s) acted, executed the instrument. SANDY HANNER WITNESS y hand and offi eal. Commission#1362157 0My Notary Public-California Los Angeles County 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 acid 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) (e) 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) National Fore Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426-8 Z•; Z' CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California 'z County of Santa Clara On October 11, 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 i w Notary Public-California Santa Clara County ��` -- Mv Comm.Expires Aug 24,200 Signature of Notary Public Optional Information Title or Type of Document: Road Improvement Agreement Ext. RA-01-01122 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries, Inc.