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HomeMy WebLinkAboutMINUTES - 10102006 - C.12 i I ��z TO: BOARD OF SUPERVISORS Contra FROM: MAURICE M. SHIt. PUBLIC WORKS DIRECTORCOSta I ` ._sY -amu_•' DATE: October 10, 2006 County r' V SLB JECT: Approving the Second Extension of the Subdivision Agreement(Right-of-Way Landscaping) for Subdivision 02-08688,for project being developed by Shapell Industries of-Northern California,a Division of Shapell Industries, Inc., San Ramon (Dougherty Valles-) area. (District III) SPEGFIC REQ_ES TiS OR RECO_MME\DAT:0\_S}s BACi GRO'\D AND JCSTTKAT=O\ I I RECO'**BIEND ATION(S): ADOPT Resolution\o. 2006` (;S6 for Subdivision 02-086H. approving the Second Extension of the Subdivision Agreement(Right-of-R'ay Landscapingj,forproject being developed by Shapell Industries of-Northern California. a Division of Shapell Industries, Inc.. San Ramon (DoughertValle-) area. (District III) FISCAL IMPACT: I \one. BACKGROU-ND REASON(S) FOR RECOMMENDATION(S): The developer has not completed the maintenance period and the Subdivision Agreement (Right-of-Way Landscaping) has expired. I CONSEQUENCES OF NEGATIVE ACTIO\: The Subdivision agreement(Right-of-Way Landscaping)guaranteeing completion of the improvements will not be renewed L 1 I Continued on Attachment: ./ SIGNATURE: P l vIFECONIDIENDATION OF COUNTY AD-8IINISTRATOR RECOMMENDATION OF BOARD COMMITTEE .� PROVE OTHER 1 SIGNATURE(S): r I ACTION OF BOXRO ON 47" 10, -C APPROVED AS RECOMMENDED OTHER 7I%07 o of s PE isoRs hereby°certify that this is a true and correct LNAMMOtS(ABSENT A ao+— i copy-of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. GJEneS.z 3�_._0 i-I_.j]J _ BO-11 u3c Ori=-inumr" ES,•` ATTESTED: Contact R.-t f.- ; - e L : ..___, JOHN CI LLE\, Clerk of the Board of °��I:�':: .._-ic.-5-tzti�.: Supervisors and County Administrator cc: amu:rcn[FI�n:6:_.C•-�-r.._'c_: -c_--a... K_-N.`. rets Bi.a ' W_ CA By Deputy Atm:Sm CP.'.i- 011 Natuna'.Fire:r..r_ce Comp2::.o Fanmrz 215 E.Czm�Hack R�ad_ Pi 3en:l-AZ ,A I I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 10. 2006 by the following vote: _ I YES: Uilkema.Piepho.DeSaulnier. Glox er and Gioia I NOES: None ABSENT: None .ABSTAIN: None RESOLUTION NO. 2006; SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Wav j Landscaping) for Subdivision 02-OS688, for project being developed by Shapell Industries of Northern California. a Division of Shapell Industries,Inc., San Ramon (Dougherty Valley) area. (District III) The Public Works Director hayin!cy recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement (Right-of-Way Landscaping) i between Shapell Industries of'Northern California. a Division of Shapell Industries, Inc. and the i Count- for construction of certain improvements in Subdivision 02-088688, in the San Ramon (Dougherty Valley) area. through Jule 13, 2008; j o APPRO112-NiATE PERCENTAGE OF WORK COMPLETE: 100% ♦ A'NTICIPATED DATE OF COMPLETION: April 2007 ! I o REASON FOR EXTE\SIO\: Maintenance period has not been completed. j i IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. I hereby certifi that this is a true and correct copy of an action taken G &e= SD==- KBOA and entered on the minutes of the Board of Supervisor on the date Originator: P�t:ic::c::` ESI shown. Contact: T.Ric-3:3-]3537 3 n . a;- ATTESTED: /q cc: PnS!!cW_mKs—Can_Tx__. JOHN" CliLLEN. Clerk of the Board of Supervisors and Count_- O�-ran: T_V„ =_s Administrator �--ape:.!n'_tsiie:of Nmn.—ra Ca11`J6[L CA 5____ ;r.A_IrFai:rs±z_saWC_ors� NatiCE,cor_ BV Deputy' - - P �s iv AZ y5r..6 RESOLUTION NO.2006,• I L i I CON T RA COSTA COUNTY SUBDIVISION .GREE TIENT (I?.IG IT-OF-VVA LANDS CATIN G) EX EtiSIONN � Development Number: SD 02-08688 Developer: Shape]!Industries of Northern California. Division of Shapell Industries. Inc., a j Dela,are Corp. Original Agreement Date: July 13,2004 Second Extension New Termination Date: JUIy 13,2008 Improvement Security ! SuretN: National Fire Insurance Company of Hartford ! i Bond leo. (Date): 9292'0258 (JuIN 10, '_003) I I Security Type Security Amount ! i Cash: S 1,^_00.00(1% cash,51.000 -Min.) Bond Rider: S 18.5.16.60 (Performance) S 62.422.00 (Labor&Material- r I � De`•'eic-per and tn' --5'ilre:y des::,,:illi cz ee^.leni to be eY e dl-'I Che above- w1J Conu-a CLs.0(.Quilty j and said 1,1t% 'P'.rl',n'_<air-ce/n 1 t a C acic _e-,=:e ., d^e a. c. Deed. JQ��D�j V Dztec: August 16. 2006 FOR CO\TRA COST COUNTY Deye':op` 's 5 ..atu:cs) :...lu: cc S ni. mit li i.'3a Di]ec:o v%i3�/ (� �S S i ✓.P . Primed B De e'o 1's S;--i-.a re(s) j itECOi._.i \DEDF2? ' ',-'A- L Prated ' B 100 N. Milpitas Blvd., Milpitas, CA 95035 irn'_il:_er: _ cr ices Division d -e I National Fire Insurance Company of Hartford ! ! Su-e:v or F_:;r.:vial (.VOTE: Developer's, Sureq-'s and Fn:;u:cicd 3. 5 E. Camelback Road, Suite 500, Phoenix, AZ 85016 Insfinitivii,,S7,,nawres must be -Votarized.1 r.. :r:: Pamela L. Stocks. Attorney-in-Fact j ! ! i CALIFORNIA ALL PURPOSE ACICNOWLEDGMENT State of California County of Santa Clara ' I On August 18. 2006 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. I JMI TKR "IT\TESS my hand and official seal. _ Commisabn#1597428 o Notary Public-California � Santa Clara County MVCnmm Eg*Maug24.2ao9Signature of\otary Public Optional Information I Title or Tv_pe of Document: Subdivison agreement Extension(ROXZ''Landscaping) i 0_'-08688 I Capacity- Claimed by Signer: Assistant Vice President& Assistant Secretary-of Shapell Industries, Inc. I - I I I I I I State of California County of Los Argeles On August 16. 2006 before me. Sandy Hanner- Notary Public Dale NAME. TITLE OF OFFICER-. -JANE JOE. 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 I the person(s) whose name(&) islwv subscribed to the within instrument and acknowledged to me that he/she/Rft executed the same inIhis/her/tlxair authorized capacitypes), and that by his/her/ttAu signature(s) on the instrument the person(5), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES,S/My hand and offici 1 seal. IQ.*Com ren C 1672602 SIGNATURE OF NOTARY Noftffy Public -Cawfomla _ tas Arm County I Comm. .pd 2.2010 OPTIONAL 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 I (_) PARTNER(S) (_) LIMITED (—) GENERAL NUMBER OF PAGES (X) ATTORNEY-IN-FACT I (_) TRUSTEE(S) (_) GUARDIAN/CONSERVATOR i (�) OTHER DATE OF DOCUMENT I SIGNER IS REPRESENTING: i NAME OF PERSON(S) OR ENTITY(lES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426-S I i POWER OF ATTORNEY APPOINTING INDIVIDtiAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford.an i Illinois corporation.and American Casualty Company of Reading.Pennsylvania.a Pennsylvania corporation(herein called'the CNA Companies"),are i duly organized and existing corporations haying their principal offices in the City of Chicago,and State of P,linois,and that they do by virtue of the I signatures and seals herein affixed hereby make;constitute and appoint I Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually I I I I ! 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 j behalf bonds,undertakings and other obligatory instruments of similar nature I -In Unlimited Amounts- I I 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. I I This Power of attorney is made and executed pursuant to and by authority of the Bp-Law and Resolutions,printed on the reverse hereof,duly I adopted,as indicated,by the Boards of Directors of the corporations. I In Witness Whereof.the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be i hereto affixed on this 10th day_ of March_.2006. I GALS tNSURq Continental Casualty Company I 'LF ?rational Fire Insurance Company of Hartford Z CAAPORATE . �N� ORGT(A -R American Casualty Company of Reading,Pennsylvania Z $OV 7uMZ 1.SEAL � �, e 7997 xA1 • 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 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 Hanford,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 instmment 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. I 'OFFICIAL SEAL' MARC M.MEDM ; l\yyt (`y^�_t i My C... Emiw 3116109 : My Commission Expires March 15,2009 Maria N1. Medina Notary Public CERTIFICATE i 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 Anomey herein above set forth is still in force,and further certiN 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 16Lh dayof August 2006 i GAsuq Continental Casualty Company t(t 0 er} utwRq�f � 0° National Fire Insurance Company of Hartford i �" o American Casualty Company of Reading,Pennsylvania7uLI.U 1997 HAR�� • � I Mary A. ikai@kis Assistant Secretary Form F6853-11.2001 I I I I Authorizing By-Laws and Resolutions I I ADOPTED BY THE BOARD OF DIRECTORS OF CONTiNEVTAL 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 Director of the Company. v I "Article IX—Execution of Documents I Section 3. Appointment of Atomey'-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 obligator' instruments of like nature. Such attomeys-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 i 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 preciously given to any attomey-in-fact." I I 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. "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 Article IX of the By-Laws, and the signature of the Secretary or an Assistant i 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.- I ADOPTED BY THE BOARD OF DIRECTORS OF AMERICA\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 Atmrney-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 attomeys-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 irstrumen s 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 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 "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Come-any 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 i 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 I and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." i ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: I 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. I I "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,herds, I undertakings and other obligatory instruments of like name. 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 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 i''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, 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 j power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so i 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 Corporation."