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HomeMy WebLinkAboutMINUTES - 02282006 - C.7 TO: BOARD OF SUPERVISORS C. 7 FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: February 28, 2006 SUBJECT: Approving the Second Extension of the Subdivision (Right of Way Landscape) Agreement for RA 00-01105 (cross reference Subdivision 95-07984), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDA"r10N(S)&BACKGROUND AND JUS'T'IFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for RA 00-01105 (cross-reference Subdivision 95-07984), approving the Second Extension of the Subdivision(Right of Way Landscape)Agreement for project being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Right of Way Landscaping Agreement has expired and the warranty period has not been completed. CONSEQUENCES OF NEGATIVE ACTION: The Right of Way Landscaping Agreement will not be renewed. Continued on Attachment:JZ-*" SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ✓A"-PROVE OTHER SIGNATURES : ACTION OF BOA N 4 APPROVED AS RECOMMENDED VOTHER T SUPERVISORS �� I hereby certify that this is a true and correct UNANIMOUS(ABSENT ) AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. LL:rm G:\GrpData\EngSvc\BO\2006\02-281RA 00-01105 BO-I I.doc Originator: Public Works(ES) ATTESTED: Contact: Teri Rie(313-2363) JOHN SWEETEN, Clerk he Board of cc: Public Works—G.Paduveris,Construction Supervisors and County Administrator Current Planning,Community Development T—July 17,2007 Shapcll Industries of Northern California 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:J.Gold and S.Savage By , Deputy National Fire Insurance Company of Hartford 2355 E.Camelback Rd.,Ste 500 Phoenix,AZ 8501 Attn:Pamela L.Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 28, 2006 by the following vote: AYES: SUPERVISORS PIEPHO, DeSULNIER, GLOVER, GIOIA NONE: NONE ABSENT: SUPERVISOR UILKEMA. ABSTAIN: NONE RESOLUTION NO. 2006/ 9� SUBJECT: Approving the Second Extension of the Subdivision (Right of Way Landscape) Agreement for RA 00-01105 (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 Subdivision(Right of Way Landscape)Agreement between Shapell Industries of Northern California and the County for construction of certain improvements in RA 00-01105, in the San Ramon (Dougherty Valley) area, through September 17, 2007; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% ♦ ANTICIPATED DATE OF COMPLETION: August 2006 ♦ 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. LL:mi I hereby certify that this is a true and correct copy of an action taken G:\GrpData\EngSvc\BO\)006\02-28\RA 00-01105 BO-1 Ldoc 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.Paduveris,Construction ATTESTED: 4;XMr"4 '0- Current Planning,Conununity Development T-July 17,2007 JOHN SWEETEN, Clerk of4e Board of Supervisors and County Shapell Industries of Northern California Administrator 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:J.Gold and S.Savage National Fire Insurance Company of Hartford 2355 E.Camelback Rd.,Ste 500 By , Deputy Phoenix,AZ 85016 Attn:Pamela L.Stocks RESOLUTION NO.2006/ CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: RA 00-01105 Developer: Shapell Industries of Northern California Original Agreement Date: September 1.7,2002 2nd Extension Neiv Termination Date: September 17,2007 Improvement Security Surety: National Fire Insurance Company of Hartford Bond Number No. (Date): 929247991 (August 14,2002) Securih,Tape Securih;Amount Cash: S 6,600.00 (1% cash,$1,000 Min.) Bond: S 655,500.00 (Performance) S. 331,000.00 (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 thereto and acknowledge same. Dated; Dated: August 29, 2005... Shapell Industries f Nort rn California FOR CONTRA COSTA COUNTY 111D toper's Sigtlature(s) Maurice M. Shi . Public Works Director By: PrintedkI ' ,yy 'VDevel ees.Signature(s) RECOMMENDED FOR APPROVAL: U C-DY— Bv: Pr (Eng it erin ervices Division) 10.0 N. Milpitas Blvd. Milpitas, CA 95035 Address National Fire Insurance Company of Hartford (NOTE: Developer's, Sru•etv's and Fitia racial Surety or Financial Institution Institution's Siguntures must be..Notarized) 2355 E. Carm1back Road, Suite 500 AZ 85016 FnaS!N9'krn'}:1.�'cuc 1.N'nn::x:.C.m:C•.a�E (:!(dress AtterApproval Return to Clerk of the Board Atf6rleV In }'acts Slonatttt'e Pamela L. Stocks Printed l� CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT ` State of California County of Santa Clara On August 31, 2005 before me, Janice T. Kruse, Notary Public personally appeared, J.C. Truebridge & Ken Cox personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me 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. l u►NKe t i(RUSE `� WITNESS my hand and official seal. _ Commiaaion#1497428 i Notary Public-CaWomW Santa Clara County Nlycornm.Explaealkp24, Si ature of Notary Public Optional Information Title or Type of Document: Landscaping Agreement Extension - RA00-01105 Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of Shapell Industries, Inc. z- 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) (X) personally known to me –OR – (_.-.) proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/vm subscribed to the within instrument and acknowledged to me that blas/she/tit executed the same in ids/her/tt eW authorized capacity0*6), and that by kie/her/ttYOW signature(s) on the instrument the person(S), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESSy hand an�I seal. SANDY HANNER :� Commission#1362157 a . '�c Notary Public-California � .� _�: SIGNATU E OF NOTARY 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(S) (_) GUARDIAN/CONSERVATOR (_) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Comlany of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426.5 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 IIlinois,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 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 21 st day of March,2005. �°"s <J• %14SUR4Continental Casualty Company 0, National Fire Insurance Company of Hartford 6ORPORAtfy _ ; 5�gC�P�9r�o American Casualty Company of Reading,Pennsylvania �U SEAL '? a + ! JuLY 19021S '' 1897 HARD Michael Gengler Sen'l-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. OFFICL4L SEAL 8-17A PWC • NOTMY nwic.MATE Of s uror w rwoM co � V0V";oNnios 6 My Commission Expires September 17,2005 Eliza Price Notary Public CERTIFICATE 1,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 othe reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 29n th day of August 2005 GAS Uq<>• 0SU11140 Continental Casualty Company National Fire Insurance Company of Hartford 2� pORPORATE � �gC �4rro American Casualty Company of Reading,Pennsylvania s JULY 71, SEAL ds ! 1902 _ 1 gg7 HARD Mary A.Rikaiakis Assistant Secretary Form F6853-11/2001 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 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 Articie 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 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 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,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`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 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 ii is attached,continue to be valid and binding on the Corporation."