The URL can be used to link to this page

Home My WebLink AboutMINUTES - 02282006 - C.9 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR C9 DATE: February 28, 2006 • SUBJECT: Approving the Second Extension of the Subdivision(Right of Way Landscape) Agreement for RA 01-01117 (cross-reference Subdivision 95-07984), San Ramon (Dougherty Valley) area. (District III) SPECIFIC RIQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for RA 01-01117 (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. CONSEQUENCES OF NEGATIVE ACTION: The Right of Way Landscaping Agreement will not be renewed. Continued on Attachment: SIGNATURE: � - ,/RECOMMENDATION OF COUNTY ADMINISTRATOR ~_RECOMMENDATION OF BOARD COMMITTEE 'APPROVE OTHER SIGNATURES ACTION OF BOA N APPROVED AS RECOMMENDED OTHER 7OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT !d ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LLrrn G,GrpData\F.ngSvc\Bo\2006\02-28\RA 01-01117 BO-1 Ldoc ATTESTED: 43 -At'M r zeq3*e.0 Originator: Public Works(ES) Contact: Teri Rie(313-2363) JOHN SWEETEN, Clerk f the Board.of cc: Public Works—A.Bell,Construction Supervisors and County Administrator Current Planning,Community Development T—July 17,2007 Shapell Industries of Northern California 100 N.Milpitas Blvd Milpitas,CA 95035 By , Deputy Attn:J.Gold and S.Savvage National Fire Insurance Company of Hartford 2355 E.Camelback Rd.,Ste 500 Phoenix,AZ 85016 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 PIEPFIO, DeSAULNIER, GLOVER, GIOIA NONE: NONE ABSENT: SUPEIZVISO.R l!II.KF'MA ABSTAIN: NONE RESOLUTION NO. 2006/ SUBJECT: Approving the Second Extension of the Subdivision (Right of Way Landscape) Agreement for RA 01-01117 (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 01-01117, in the San Ramon (Dougherty Valley) area, through September 17, 2007; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 90% ♦ ANTICIPATED DATE OF COMPLETION: October 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:nn G:\GrpData\l:ngsvcU30\.1006\02-28\RA 01-01117 BO-1 Ldoc I hereby certify that this is a true and correct copy of an action taken Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contact: Teri Ric(313-2363) Shown. cc: Public Works—G.Paduvcris,Construction Current Planning,Community Development ATTESTEDJ�dYu/t2. T—July 17,2007 ' Shapcll industries ofNorthem California JOHN SWEETEN, Clerk ofolhe Board of Supervisors and County 100 N.Milpitas Blvd Administrator Milpitas,CA 95035 Attn:J.Gold and S.Savvage National Tire Insurance Company of Hartford 2355 E.Camelback Rd.,Ste 500 Phoenix,AZ 85016 By ,Deputy Attn:Pamela L.Stocks RESOLUTION NO.2006/ 91� CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: RA 01-01.117 (x-ref sub 7984) Developer: Shapell Industries of.Northern California Original Agreement Date: September 17,2002 2nd Extension Nem, Termination Date: September 17,2007 Improvement Security Surety: National Fire Insurance Company of.Hartfor•d Bond Number-No. (Date): 929 247 993 (8/14/02) Securith,Type Security Amount Cash: S 2,300.00 (1% cash,51,000 Min.) Bond.: S 231,800.00 (Performance) S 117,100.00 (Labor•& Material) The Developer and the.Surelw 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 of Nor hern California FOR CONTRA COSTA COUNTY D eloper's Signature(s) Maurice M. Shiu. Public Works Director 7- e 72Z By: Printed 'Dene Per s S ignattn e(s) R)✓COMMENDL'D.FOfAPPROVAL: LO k By �� r Printed (Engineering el-�te3 Division) 100 N. Milpitas Blvd. Milpitas, CA 95035 Address National Fire Insurance Co=;gnv of Hartford (NOTE.. Developer`s, Setrett''s and Financial Surety or Financial Institution Institution's Signati-es must be Notarized.) 2355 E. Camelback Road, Suite 500 Phoenix. M 85016 OR!.!tfTMI`.•r`::e.Iva,I\l'i mL,.,t..m1..'.�c,•: Address After Approval Rem, In Clerk artlee Board 49GL //' vE�ti✓ t.tt rney in Facts Signature Pamela L. Stocks Printed —_�_.... POWER OF ATTORNEY APPOINTING INDMDUAL 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 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. �GAScr %NSURq AW& Continental Casualty Company NSF National Fire Insurance Company of Hartford 2 OOpP�iF Q ; �ncoava+atFo American Casualty Company of Reading,Pennsylvania ZA g JULY 71, u SEAL g < t9ot 1891 HAptE Z2C--e !r 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 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 tSIJZA PRICE • ,////'C NOTARY wac/TAT[Of L MOU rr cow.wo�wwn .e.: sA. 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 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 29th day of August 2005 N,GAS It,I<T P 19SUR4Continental Casualty Company �sP �aco1N1 National Fire Insurance Company of Hartford poNPOgATf '�'SNC �4rFa American Casualty Company of Reading, Pennsylvania Ic Z a JULY 71, s es7 � HAn�o�° ` • � Mary A.Rikajokis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On August 29,2005 before me, Sandy Hanner-Notary Public Dare 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(sj is/me subscribed to the within instrument and acknowledged to me that ke/she/tl!"executed the same in*Ws/her/llxek authorized capacity(aes), and that by his/her/t il' signature(s) on the instrument the person(.4), or the entity upon behalf of which the person(s) acted, executed the instrument. SANDY HANNER WITNES and and oM ' I seal. Commission#1362157 e Notary Public-California _ Los Angeles County SIGNA RE OF NOTARY 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) (._j LIMITED (—) GENERAL NUMBER OF PAGES (x) ATTORNEY-(N-FACT (_) TRUSTEE(S) GUARDIAN/CONSERVATOR (_) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED A13OVE (3.107426.8 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. 61, izrlc-E T.KRUSE Commission#1597426 WITNESS my hand and official seal. Notary Public Santa Clara county y Comm.Expires Aug 24.2W91 Siature of Notary Public Optional Information Title or Type of Document: Landscaping Agreement Extension - RAOO- 01117 Tr. 7984 Capacity Claimed by Signer: Assistant Vice President & Assistant Secretary of Shapell Industries, Inc. ? JANICE T.KRUSE Commission#E 1597428 Notary Public-Callfa, • Santa Clara county My Comm.ExpkW Aug 24.