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Home My WebLink AboutMINUTES - 10102006 - C.10 CIDC. � cEAt To: BOARD OF SUPERVISORS Contra FRO__NI: _\1ALRICE M. SHIC. PUBLIC WORKS DMECTOR1_ '<! Costa I _ __ Z. DATE: October 10. 2006 Y= �� CG=� County JS� � "t l�Z� I V I SLBJECT: Approving the Fifth Extension of the Subdivision Agreement (Right-of-R-ay Landscaping) for i Subdivision 98-08134,for project being developed by Shapell Industries of Northern California,a Division of Shapell Industries, Inc.. San Ramon (Dougherty Valley) area. (District 111) � I SPECIFIC REQCES-6 1 OR RECOMME\DAEOMS I&BACRG30-,SD AND 1L-STT1C--xTION RECOM-MENDATION(S): ADOPT Resolution No. 2006'j�& for Subdivision 98-08134,approving the Fifth Extension of the Subdivision Agreement(Right-of-Way Landscaping), for project being developed by Shapell Industries of\orthem California.a Division of Shapell Industries, Inc., San Ramon (Dougherty Valley) area. (District III) I FISCAL IMPACT: i None. I BACKGROtiNDREASON(S) FOR RECONIMENDATION(S): The developer has not completed the improvements and the Subdivision Agreement(Right-of-Way Landscaping) � has expired. I CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right-of-Way Landscaping)guaranteeing completion of the improvements will not be j renewed. Continued on Attachment: SIGNATURE: j 1 I_ _ ECONIMENDaTION OF COUNTY ADMINISTRATOR RECO\INIENDATION OF BOARD COMMITTEE PPROVE OTHER I SIGNATURE(S): ACTION OF BO-V ON oY O APPROVED AS RECOMMENDED OTHER � 10"OTF SUPERVISORS UNANIMOUS(ABSENT �"Q'r' � ) I hereby'Certify that this is a true and correct i AYES: NOES: copy-of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the i date shown. Ln:Z I &f7-Sw BG-_CS Ir-KE"?:�-a=_3:=sr.'__capt BG-1:d-e y/J Originator Con[acC TT.Riet.:3-'_36 ) ATTESTED: �Y/`�� V y . S-n-N_-D== ==y'y' >;[ JOHN CLLLEN. Clerk of the Board of cc -__ z:ks-:::�nsT�.-__.. � De,,:zp7ce : Supervisors and County Administrator Sh-.e:_inje,c-\ache-Ca!:-'--A3 :=-Pu;.CA SSL_ Atm Sag V ar&n' By Deputy Ca is_3ii tai-A<_.[ . AZ i..,-F i I I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA Adopted this Resolution on October 10, 2006 by the following rote: AYES: Cilkema.Piepha. DeSaulnier.Glo%er and Gioia \OES: None ABSENT: None ABSTAIN: None RESOLUTION \0. 2006.% SUBJECT: Approving the Fifth Extension of the Subdivision Agreement (Right-of-Wav Landscaping) for Subdivision 9S-08134, for project being developed by Shapell Industries of'Northern California. a Division of Shapell Industries,Inc., San Ramon (Dougherty Vallee) area. (District III) The Public Works Director havine recommended that he be authorized to execute the fifth i agreement extension which extends the Subdivision Agreement (Right-of-Wad- Landscaping) between Shapell Industries of'Northern California, a Division of Shapell Industries. Inc. and the ' Countv for construction of certain improvements in Subdivision 98-08134, in the San Ramon i (Dougherty Valley) area. through September 21, 2005; ♦ APPRO-MATE PERCENTAGE OF WORK COMPLETE: 96% ♦ ANTICIPATED DATE OF COMPLETIO\: December 200' � I o REASON FOR EYTE\SIO\: Punchlist items and maintenance period have not been completed. I I IT IS BY THE BOARD RESOLVED that the recommendation of the Public'kVorks Director is APPROVED. rR_.,, I 1-crebv certify-that this is a true and correct copy-of an action taken j _. F-_:.- B__= 1=-:_-_D 3-_x1__1� :_ 5C-:1-L aCd en:e:ed On the in-mutes Of the Board OI Supervisors On -he date Ori_i:.atcr: r__...'::�:�z+��, snonvn. Contact. T.race:::=_35_ Baa_.cu..z.9;y;�-�5:Sd�_t�ti1.1=>=1 O�hz r- 'o ATTESTED: C10 t'=� c== = TOITN C�:LLEN. Clerk of the Board of Supervisors and County° �E:_T:n=Y1.'.=-i i�•.:1Y.:n:==-L2�2.i-.T.2:- Admin.strator .__> I �a 'aC:.:c] .2 . --�a=1, ,an%_ z_az:n_.PA By Depute U.G . .2_ RESOLUTION N0.2006 l I I CONTRA COSTA COUNTY SUBDIVISION AGREENIEOT(RIGI-IT-OF-WAY LANDS CAPING) vk TE\SIG\ DeNelopnlenl Number: SD 98-08134 Developer: Shapell Industries of Northern California,a Division of Shapell Industries. Inc. Original:agreement Date: September 21, 1999 Fifth Extension New Termination Date: September 21,2003 Improvement Security Surety: American Casualty Company of Reading.PA Bond No. (Date): 92909%481 (August 31, 1999) Securitv Tvy Securit•Amount Cash: S 3,900.00 (1% cash,51.000 Min.) Bond: S 389,300.00 (Performance) S 196,600.00 (Labor& Material) i i The De•.-eloper gad the Sutety de_:re a: As-ree:uetit to be extel:ced t,reg gl:the above date;ani Ccatra Cotta CCaI:^.' and said Surety hereby affcc;r -etc an'acknowledge sane. August 21, 2006 Dated: Dated: AAW FOR CONTRA COSTA COtitiTY D..ve , c 's Sic a-u-e(s) I Maurice T F Shi' ,a::blic`.M1°oms Dir for l[ By: RECO-`_Vii:NDED= R A VAL: B Pritaed (n : _ tis;ginR ion) 100 N. Milpitas Blvd., Milpitas, CA 95035 Address American Casualty Company of Reading, Penns llvania (NOTE: Developers, Surety's and Financial Si_:ety e-Financia' ^stitut on Institutions Signatures must be-6tarizcd.) 2355 E. Camelback Road, Suite 500, Phoenix, AZ 85016 i Adcres I Airs Anprnra!Retrnrr,w Oerd-r`r.!;c Bra-d le Gina O'Shea. Attorney-in-Fact ?� xd CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT ' State of California County of Santa Clara On August 22,2006. before me. Janice T. Kruse.\otary 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. " I I QvPubJANICE t.K159 «`IT\ESS my hand a official seal. Commission#1597428 Z lIcCaliforniasantaCraCountV Nota Wly Crxnm.Expires Aug 24,2009 Signature of Notary_ Public i Optional Information I Title or Type of Document: C.C. Cnty-. Subdivision Agreement SD98-0813.1 Capacity- Claimed by Signer: Assistant Vice President and Assistant Secretary- of Shaaell Industries,Inc. I I POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTOR\EY-I\-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford.an Illinois corporation,and American Casuals•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 L'linois,and that they do by virtue of the signarures 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 Attorney(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 i 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«"hereof,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 10th day of Starch,2006. CASU.i<r t14SUR4Continental Casualty Company ' mt* ' National Fire Insurance Company of Hartford `� cop°O1uYe American Casualty Company of Reading,Pennsylvania y� � � � $u SEAL t T71 a Thomas P. Stillman Senior Vice President State of Illinois.Count of Cook,ss: On this 10th day of Starch,2006,before me personally came Thomas P.Stillman 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,an Illinois 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.MEDR A • sant w r9Mr.of 11sm • omne.Sio 0 Cn EMM 3/1610/: i My Commission Expires Starch 15,2009 Maria M.Medina Votary Public CERTIFICATE - I,Mary A.Ribikawskis,Assistant Secre-as of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois 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 21st dayof August 2006 GAS lttt� 01SUR4 Continental Casualty Company National Fire Insurance Company of Hartford `f American Casualty Company of Reading,Pennsylvania conaoRu*t %tr<tt"a+arZe � v 5 $ JULY 11, Ou SEAL g e 19ot n 1997 HAtttF 4t' a Mary A.R[bikai6kis Assistant Secretary• Form F6853-1112001 i - I State of California County of Los Angeles On August 21. 2006 before me. Sandy Hanner- Notary Public Dare NAME. TITLE OF OFFICER.. -jaNE DOE. NOTARY PUBUC' personally appeared Gina O'Shea NAME(S) OF StGNER(S) (X) personally known to me - OR - (T) proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/Bae subscribed to the within instrument and acknowledged to me that he/she/t#1ft executed the same in Ns/her/lfxair authorized capacity(ies), and that by tawherlwau signature(s) on the instrument the person(g), or the entity upon behalf of which the person($) acted. executed the instrument. WITNESS y hand and offici seal. ANNE SOW MR _ Commb&m 0 1672602 Notary Public -CaYfomla SIGNATURE OF NOTARY Loa An=Cou* my Comm.&W=,!>d 2.2010 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the documen and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (_) INDIVIDUAL j (—) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (_) PARTNER(S) (_) LIMITED (_) GENERAL NUMBER OF PAGES (�) 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 I SIGNER(S) OTHER THAN NAMED ABOVE G•107,926.5 i