The URL can be used to link to this page

Home My WebLink AboutMINUTES - 01242006 - C.2 TO BOARD OF SUPERVISORS i FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: January 24, 2006 SUBJECT: Approving the Second Extension of the Subdivision(Right of Way Landscape) Agreement for RA 98-01082, San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ aO for RA 98-01082,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 warranty period has not been completed. CONSEQUENCES OF NEGATIVE ACTION: The Right of Way Landscaping Agreement will not be renewed. -J Continued on Attachment:/ SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,�_ CPPROVE OTHER SIGNATURE (S): ACTION OF BO ON VZV7` �' d APPROVED AS RECOMMENDED OOTHER4, VOT 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. JY:rm G:\GtpData\EngSvc\BO\2006\01-24\RA 98-01082 BO-1l.doc Originator: Public Works(ES) ATTESTED: VQi>l7u�4/Y �� fs Contact: Teri Ric(313-2363) JOHN SWEETEN, Clerk the Board of cc: Public Works Bell,Construction Supervisors and Count Administrator Current Planningng,,Community Development P y T—October 17,2006 Shapell Industries 100 N.Milpitas Blvd, Milpitas,CA 95035 American Casualty Company of Reading,PA By. , Deputy 2355 E.Camelback Rd.,Ste 500 Phoenix,AZ 95016 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 24, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Approving the Second Extension of the Subdivision (Right of Way Landscape) Agreement for RA 98-01082, 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 98-01082, in the San Ramon(Dougherty Valley) area, through September 21, 2006; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 90% ♦ ANTICIPATED DATE OF COMPLETION: September 21, 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. I hereby certify that this is a true and correct copy of an action taken JY:mi and entered on the minutes of the Board of Supervisors on the date G:\Grpbata\EngSvc\BO\2006\01-24\RA 98-01082 BO-11.doc shown. Originator: Public Works(ES) Contact: Teri Rie(313-2363) ATTESTED: cc: Public Works—T.Bell,Construction JOHN SWEETEN, Clerk of\tde Board of Supervisors and County Current Planning,Community Development Administrator T—October 17,2006 Shapell Industries 100 N.Milpitas Blvd, Milpitas,CA 95035 American Casualty Company of Reading,PA By ,Deputy 2355 E.Camelback Rd.,Ste 500 Phoenix,AZ 95016 RESOLUTION NO.2006/ CONTRA. COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development.Number; RA 98-01082 Developer: Shapell Industries of Northern California Original Agreement Date: September 21, 1999 2nd Exteusiou New Termination Dater September 21,2006 Improvement Security SURETY; American Casualty Company of Reading,PA BOND NUMBER No: (Date): 929'097 489 (8131/99) Security Tvve Security Amount Cash: S 1,900.00 (1% cash,S1,000 Min.) Bond Rider: 5.28,440:00(Performance) S 95,800.00(Labor S_A'Iaterial) The Qpveloper aiid the.surety desire this Agreementto be extended through theabove date;and Contra Costa County and said surety hereby agree thereto and.acknowledge same: Dated: 0 Dated: August 29, 2005 Shapell Industries of N rthern California FOR.CONTRA COSTA,COUNTY D 0 Toper's Signatures) Maurice M. Shiu, Public Works D' ct '7 e— 71L l/LI3n/D 9G By: o Printed Deve per's Signatures) RECOMMENDED:FOR APPROVAL: K&A Cok_ By: Printed .(Engine in Se100 N. Miletas Blvd.rvices-Division) p Milpitas, CA 95035 Address American Casualty Company of Readies, PA (NOTE: Developer's; Srrrety!v and Financial Surety or Financial Institution ln'Vitufion's;Sigttalu es'must be,Notdrizeil.) 23�E. Camelback Road, Suite 500 Pho AZ 85016 ,t,A,.,,Pk0%TDy V< u 11A Uwn C,1 1 Address AfterAtinrodal Rehtm to Clerk ofthe Board Attorney in Facts Signature Pamela L. Sto&res 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 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 21st day of March,2005. GaSu q�T %sue Continental Casualty Company 4N�F ,a National Fire Insurance Company of Hartford 2� r,OHPORArfS�t�CRPOR4Trc American Casualty Company of Reading,Pennsylvania _ Z Q s JULY 11. �u SEUL 1897 � IIAR�� b � Michael Gengler Sen' r Vice President State of Illinois,County of Cook,ss: On this 21st 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 61JZA PRICE • .////� ■OTMV I&WAIC,fTAIE OF•1101 MT OOMO�10411OR1:oM1Nf 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 �0ASl1q�r tNSURq Continental Casualty Company National Fire Insurance Company of Hartford GORPOAArg C� �pCpRPORgtt American Casualty Company of Reading,Pennsylvania JULY 11, J SEAL r ,� •, e 1912 log? 9` LIAR o Mary A. qikaj@kis Assistant Secretary Form F6853-11/2001 State of CALIFORNIA County of LOS ANGELES 0n August 29, 2005 before me, Sandy Banner - 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(a) whose name(#is/immubscribed to the within instrument and acknowledged to me that I)taishelitn executed the same in bdw/her/toka authorized capacityom* and that by +wher/*X* signature(rs) on the instrument the person(4), or the entity upon behalf of which the person(o acted, executed the instrument. SANDY HANNER WITNESS y hand and g#icial seal. 0Commission#1362157 -r Notary Public-California • e 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) (_) 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 (3.107428-8 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. W)SSi ' TNESS my hand and official seal. JANICE T.KRUSE _ Commission*1597428 e Notary Public•CaYtomia Santa ciara county ature of Notary Public MyComm.1bVWAW 24, Optional Information Title or Type of Document: Landscaping Agreement Extension- RA98-01082 Capacity.Claimed by Signer: Assistant Vice President& Assistant Secretary of Shavell Industries, Inc.