Loading...
HomeMy WebLinkAboutMINUTES - 10102006 - C.11 I TO: BOARD OF SL-PERVISORS Contra FROM: A RICE 11. SHIL. PUBLIC WORKS DIRECTOR Costa DATE: October 10, 2006 ?' ------- County SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 01-08563,for project being developed by Shapell Industries of'-Northern California.a Division of Shapell Industries. Inc., a Delaware Corp., San Ramon (Dougherty- Valley) area. (District III) SPECIFIC REQi=ES.iS_OR RECOah1E]DAT:OS_S1 s BACKGRO=SD AND ILSTIFICAT:O\ RECONIME\DATIO\(S): ADOPT Resolution'No. 2006 -for Subdivision 01-05563, approving the Second Extension of the Subdivision Agreement(Right-of-Wav Landscaping),for project being developed by Shapell Industries of\orthern California.a Division of Shapell Industries,Inc..a Dela«-are Corp.,San Ramon(Dougherty Valley area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMME\DATIO\(S): The developer has not completed the maintenance period and the Subdivision Agreement (Right-of-Way, Landscaping) has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right-of-W av Landscaping)guaranteeing completion of the improvements will not be renewed. Continued on Attachment:_✓ SIGNATURE: ' LAtECONI-NIENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD CO�I'%lITTEE ��. ROVE OTHER SIGNATURE(S): r I ACTION OF BOVIS(ORS ON O Gt✓ AV c.?i APPROVED AS RECO-11ME\DED OTHER OT F SUPER \AMMOLS(ABSENT ®�av I hzreb} czrttfy that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. , G:En=_S.z=O-jGF:G SD 30-1:-$oc Originator. r•.''_..: C:lie =�I Contact: --Ze!31_•__o_: : �—dr /o �'0►6 3or.d S_: 1>_;_-.:.3 0zcember iY.2-C ATTESTED: I i cc: JOHN CULLENT, Clerk of the Board of Ctat ent .-s Ca :tcti Deccl_Ptnea Supervisors and County Administrator N i s:. arae By . Deputy \ac:cra: of 6anford E GaxlSzc Roc-'.S-i' �hoem.?Z 3=�_5 f I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 10. ?006 by the following rote: AYES: Uilketna.Piepho.DeSaulnier.Glover and Gioia NOES: None ABSENT: None ABSTAIN: None i RESOLtiTION N-0. 20061 SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 01-0863, for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware � Corp., San Ramon (Dougherty Valle)) area. (District IIf) The Public Works Director having recommended that he be authorized to execute the second aJreement extension which extends the Subdivision Agreement (Right-of-Way Landscaping) i between Shapell Industries of Northern California,aDivision of Shapell Industries,Inc.,aDelaware Corp. and the Count-for construction of certain improvements in Subdivision 01-0863,in the San Ramon (Dougherty-Valley) area, through March 4. 2_008; ♦ APPROXIMATE PERCENT AGE OF WORK CO\iPLETE: 100% j ♦ ANTICIPATED DATE OF COIPLETION: _11av_2"00- ♦ RE ASO FOR EXTENSION: Completion of warranty period IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. L9.:z I hereby-cerufn-that this is a true and correct copy-of an action taken -=__-e BO'( r-; I-==>='33-I:. C and entered on the minutes oI t a Board of Supervisors on +U. e date Ori-inatur: P-' ;ES: shown. Contact. T.Rie!_.__-`•- aen s at_ B---4"i-sD2c2a`cr ATTESTED: t6t�� cc: '::-::cc3-;-,:= -n JOHN CULLEN. Clerk of the Board of Supervisors and Count,- 4.___: Administrator N.tiilp." _F3i -j. Milp CA 95 \a �:cl Fs_rsuru Z2 Cot"'r= BF .Deputy R02?.Suits.�f.5 is n'?.:.T.2.3 RESOLi:TION NO.?006; 67 i I I CONTRA COSTA COUNTY SUBDIVISION AGREEMENT (RIGHT-OF-WAY LANDSCAPING) EXTENSION Deyelopmc:rt Number: SD 01-08-63 De:el-open: Shapcll Industries oftiortaern Cali ur^ia,a Division of Shapell Industries, a Delaware i j Corp. I i l Ori-inal Avrcemcnt Date: Marcb 4,2003 I Second Extension New Termination Date: March 4.2008 i Improvement Security i I I Surer,: National Fire Insuranee CompanyofIIardord j Bond No. (Date;: 190775313 (December 19. 2002' Security Type Security Amount I I Cash: S 2,900.00 (L� cash, 151,000 11ir..) i I Bund Rider: 5;2.360.00 (Performance) S 142.650.00 (Labor &- Material) I I I I The✓'cPkOr :a:.� .e J u. j Skr ...kS iBni 1 _IX to �d tr r• L t 2U�':P UBe fi� t '4 l�Stc CO AnTV an%sam Stlie:b'1:�.?i;y ES�_22` PrF" £ .^.acknov,'led��ssme. - Date�: fl y�te�: August 15, 2006 C TRA COSTA _ 4e(O I COUNTY LevP.o 1 J - -- .4k ../ j hlaric M. S ti ,=abiie Wo.-k3D_._c:or G %/2 t/Z�' /3�iQ By: G L� F�SS� Y. � Pr rte0 UV �eL UPP S Sig atue.'s� 2ECCh'iE� LD rG'n `r yL: .�Il:lt�. 100 N. Milpitas Blvd.. Milpitas; CA 95035 - I _ "'d dMs National Fire Insurance Company of Hartford Sur--..,i or F.mmcml inst.u:io- :.'OTE: Deveio.,er's, Sure y's and Fi"nanc'i. ! 23 Camelback Road, Suite 500, Phoenix, AZ 85016 Institution's Sig natnules Must be:Votari;ed) Pamela L. Stocks; Attorney-in-Fact I I i CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT � i I State of California - I County of Santa Clara I On August 17. ?006 before me. Janice T. Kruse. Notary Public personally- appeared. i J.C. Truebridge & Ken Cot 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 I 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. i I JANKE t.KRUSE WITNESS mv hand and official seal. Commission#1597428 I Notary Public-Catitomia Santa Clara County f; MVCrAnm.E Aug24.20»��) Sig ature of Notary Public I Optional Information - I Title or Type of Document: Subdivision Agreement(Right of Way Landscaping) Extension 01-08563 I Capacity Claimed by Signer: Assistant Vice President & Assistant Secretart- of � Shapell Industries, Inc. I I i I I I I i I ` I I i i I I I State of California I County of Los Angeles i On August 1-5. 2006 before me. Sandy Hanner-Notary Public Oate NAME. TITLE OF OFFICER.. -;ANE COE. NO VARY PUBLIC' I 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(*) islens subscribed to the within instrument and acknowledged to me that ke/she/Oft executed the same in Na/her/ftair authorized capacitygm), and that by kwher/WQU signature(s) on the instrument the person(5), or the entity upon behalf of which the person(s) acted, executed the instrument. SANDY tfANNEI WITNESS hand and officiate seal. Com,0 1672602 ly Y t -CWWW ,ti Comm jj Ad aOtC '� - i SIGNA E OP NOTARY - _ OPTIONAL I I 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 (_) CORPORATE OFFICER i TITLE(S) TITLE OR TYPE OF DOCUMENT I (_) PARTNER(S) (_) LIMITED i (_) GENERAL I NUMBER OF PAGES (X) ATTORNEY-IN-FACT (_) TRUSTEE(S) (_) GUARDIAN/CONSERVATOR (_) OTHER DATE OF DOCUMENT I I SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford I SIGNER(S) OTHER THAN NAMED ABOVE I G-107426-e j I i I I POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTOR\EY-I\-FACT Know All Viten By These Presents,Plat 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(herein called"the CNA Companies"),are duly organized and existing corporations haying 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 j 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 -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,p;asuant 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 10th day of March,2006. CA'sLI,kT [RSUgq rn& Continental Casualty Company F National Fire Insurance Company of Hartford rf o°p°OHATE 3 .ttm"°wrr American Casualty Company of Reading,Pennsylvania I � • ya ZO 2y-,� a r3 JULY 11, 1, v SEAL < y = nC2 1897 NARK • - Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 10th day of March,2006,before me personally came Thomas P.Stillman to me known,who,being by me duly swum,did depose and say: I 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 Director 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.MEDR4A �} t `,•t ' `__I�. . wmw wag.sur.m ir..a. oOne. iw , ,L• • , l My eE•p7/1600 : My Commission Expires'March 15,2009 ;faria M. Medina Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary 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 Attomey herein above set for-.h 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 i 15th day of august 21006 - AS 4 VOSUR OPContinental Casualty Company 4F National Fire Insurance Company of Hartford cpRaaure �, a svca+aJre American Casualty Company of Reading,Pennsylvania � . a Z Jut I. OU SEAL g r� � eM2 an 1897 HARD • Mary A. ika kis Assistant Secretary Form F6853-11;2001 I i Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTiNENTAL CASUALTY COMPANY: I 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 I Company. "article Il-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 attomeys-in-fact to act in behalf of the Company in the execution of policies of I insurance, bonds, undertakings and other obligatory instruments of like nature. Such alto reqs-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 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"day of February,1993. I I "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 at omey granted pursuant to Section 3 of Article 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.PENNSYLVA\iA: I 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 I Section 2. Appointment of Anomey-in-fact. The Chairman of the Board of Director,, 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 I 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 Director of the Company at a meeting duly called and held on the 17`'day of February, 1993. I "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 INATIOVAL FIRE iVSURANCE COMPANY OF HARTFORD: I This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Director of the Company. "Article VII—Execution of Documents Section 3. Appointment of Attomey-in-Fact. The Chairman of the Board of Directors,the President of any Executive or Senior 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 oblieatory instruments of like nature. Such atromeys-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 Chairman of the Board of Directors,-the President or any Executive,Senior 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, day of February, 1993. I "RESOLVTD: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the I Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Director on February 1', i 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 it is attached,continue to I be valid and binding on the Corperation." !