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HomeMy WebLinkAboutMINUTES - 10102006 - C.6 `ESL Contra :. TO: BOARD OF SUI'ERVISORS FROM: M_- ACE M. SHIL-. PUBLIC WORKS DIRECTOR r_ ` Costa DATE: October 10. 2006 CQunt`T , -- u SUBJECT: Approving the Third Extension of the Subdivision Agreement (Right-of-Wav Landscaping) for Road Acceptance 01-01116(cross-reference Subdivision 95-07980,for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon i (Dougherty Valley) area. (District III) , _S:'LC:"IC 3En___EST:S OR 3EC0:1=fYJBT!C.\,j_:s 3ACC30!-\D AND._STIFiCATivS RECOMMENDATIO\(S): ,,r ADOPT Resolution\o. '-006 (; for Road Acceptance 01-01116 (cross-reference Subdivision 95-0-95-1), i approving the Third Extension of the Subdivision Agreement (Right-of-Way Landscaping), for project being I developed by Shapell Industries of 'Northern California. a Division of Shapell Industries, Inc., San Ramon j (Dougherty Valley) area. (District III) i FISCAL IMPACT: \one. I BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer has not completed the,,arrante period 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 i renewed. Continued on Attachment: SIGNATURE: i i _4ZRECONINIENDATION OF COI ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE [APPROVE OTHER SIGNATURE(S): � ACTION OF BO- ON O G O APPROVED AS RECOMMENDED OTHER O OF SCFE 'ISOt2S I hereby certify that this is a true and correct L-ti3\DfOLS i;-,BSE\: P � NOr� -, of an action taken and entered on the 1 co _ AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. i B:z -S z3o_'SOS:_:-_�iZ4•_�:-11:63v-1:-bac ' Originator: ?cc[:. Con[acr. --R:.i}:3nI3`3; � 4G•� /ate ATTESTED: cc: P_Niz-%of.'-C� m m= JOHN"CI;LLEN. Clerk of the Board of Cax.t P:arn:r-z.Ca:n:rri:_Dece:zpcen: r-. 17. =-_ Supervisors and Count•administrator ___Pei:Ir.�u:ie_at\cel:er..Ca::izrn'z AW4\., z:-,E Fi:e"<,.r_-s Crryz:_-01-1--a Bb' Depute Parala L.Qa_�_ l i I I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA I Adopted this Resolution on October 10. 2006 by the following rote: � AYES: Uilkema. Piepho.DeSaulnier. Glover and Gioia NOES: None ABSENT: None 1 ABSTAIN: None I RESOLUTION NO. 2006.' SUBJECT: Approving the Third Extension of the Subdivision agreement (Right-of-Wad- Landscaping) for Road Acceptance 01-01116 (cross-reference Subdivision 95- 07980, for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc.. San Ramon (Dougherty Valley) area. (District IIT) The Public Works Director having recommended that he be authorized to execute the third agreement extension which extends the Subdivision Agreement (Riaht-of-Way- Landscaping) � b:.t«een Shapell Industries of Northern California, a Division of Shapell Industries. Inc. and the Count- for construction of certain improvements in Road Acceptance 01-01116 (cross-reference Subdivision 95-0 .984). in the San Ramon(Dougherty Valle-) area. through September 17. 2008; o APPROX MATE PERCENTAGE OF FORK COMPLETE: 100% o ANTICIPATED DATE OF COMPLETION: October 2006 o REASON-FOR ELATENSION: Completion of warranty period. I IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. o.r I hereby certity that this is a true and correct copy of an action taker. G E-_ :1-;30=c,a ; •- •R- 1-11.630-1=.'-= and entered on the minutes of the Board of Supen;sors on the date Originator: !ES shown. Contac: 24-30;r.3-'_nzt: Oa-?,V 3asc No Ds:e.s_>.a-�s_ ns-a:a..-___, ATTESTED: l/.Y/Jr3� -?,VV7 b Pc'-lia- _rt- ^,_T. - JOHN CULLEN. Clerk of the Board of Supervisors and County Administrator ALM SZ. c:orden By .Deputy Su€arl Fire_-a=rcc Czma--c.`E�riar - E.C_-:9i__:ka a ___::e: I Floc-is.?LZ x4-2-i6 I A-,M PZXc l3 L-S:ocs I RESOLD TION NO.2006..'. I i CON T IRA COSTA COUNTY SUBDIVISION AGRE"EMEN 1- (RIGHT-OF-WAY r AN DSCAPI`si) EXTENSION i Deceioprlent Number-: R-101-01116 "cross-reference SD 95-079844) Developer: Shapell Industries of Northern California. a Division of Shapefl Industries, Inc. Original agreement Date: September 1"'. '_+!02 Third Extension New Termination Date: September 1?,2008 I ' Improvement Security i Surety: National Fire Insurance CompanN of Hartford ( 929240.995 ( a i Bond No. (Date): -1u ust 1=12-00-2) I Security Tvpe Securit\• .Amount Cash: S 1.200.00 (1�,' cash, SI,000:kIin.) Bond Rider: S 18.045.00 (Performance) S 60,800.00 (Labor S Material) --..,,th- =g en;e;'.:l0 be cX:P3i ��d �.2f't[l:;E:_S%�� 2::,t Con-a C�s:a C''Llnlv i =::d said Sura\ aclvr�::ie _at s r:c. i O.rcd: �/ 1��'r� Da,c-: August 14,2006 OR CO:vTP�y COSTA CO ,QTY De re__n r' Signat_irc(s) Matl.,c^M. S-:1iu, ni J:;c V;orxs Dlrccto Printecl= _ Vim_ 1�SST See , .rt te., By: 100 N. Milpitas Blvd., Milpitas, CA 95035 National Fire Insurance Company of Hartford ���r�_y or Fira: cial L?Slitua0^. arae►back Road, Suite 500, Phoenix, AZ 85016 (.VOTE: Developer's, Srlreti''S and Financia! Ad&CES Institution'sSi�na:tr!"CS"llrlLSi i%L':7Of:rr!;,er/.j _J ;;,..,. ;-:•:::::: �r.::,,lrc, ;;, Pamela L. Stecks,Attorney-in-Fact I CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California Count_-of Santa Clara On August 16, 2006 before me, Janice T. Kruse.\otary Public personally appeared. J.C. Truebridge & Ken Cox personally-knokx-n 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. JANICE t.KRUSE Commisalon#1597428 WIT\"ESS my hand and official seal. L Notary Public-Callfomla i Sonia Clara County AMY Coram.E>q*wPAq 24,2009 --- Signature of\otary Public Optional Information ' Title or Type of Document: Sub. Agreement Ext. Right of Way Landscaping- RA-01- 01116 (x/ref. SD95-07984) - I Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary- of i Shanell Industries,Inc. I I I i i I I State of California I County of Los Angeles I On August 14, 2006 before me. Sandy Hanner-Notary Public i Oare NAME. TITLE OF OFFICER.. -JANE DOE. NOTARY PUBL;C- Pamela L. Stocks personally appeared i NAME(S)OF SIGNERS) (X} personally known to me - OR - (—) proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/ate subscribed to the within instrument and acknowledged to me that Ne/she/t executed the same in,his/her/ftir authorized capacity0w), and that by kwher/th*u i signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. I WITNESS y hand and official seal. SANDY HANNER rt: Commission# 1672602 a`- ' �SIGNATU E OF NOTARY >® Notory Public -California _ I -' Los Argeft County My Comm.SV40Ad a.2oto 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 (_) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (_) PARTNER(S) (,) LIMITED (,) GENERAL (XNUMBER OF PAGES) ATTORNEY-(N-FACT � (_) TRUSTEE(S) (—) GUARDIAN/CONSERVATOR (_) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) I National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426.5 I I 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,an Illinois corporation,and American Casualty Company of Reading.Pennsylvania,a Pennsylvania corporation(herein called"the CSA 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 i of Sherman Oaks,CA,their true and lawful Anomey(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 10th day of March,2006. ; CAS <r L14SUR4oe Continental Casualty Company I ?�� rI3IF tial National Fire Insurance Company of Hartford 1 tk GORPORArE 0 5 1110 a+aTEc x American Casualty Company of Reading,Pennsylvania i ZO 2 a JULY 11. �•, - J SEAL 1997 MAO • 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 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.MEDINA • NWVY CwrmDliC.BI•q•1 995.0{ / / t•OVtI�'IV� • i MY tommnian Eipiw 7/15109 My Commission Expires March 15,2009 Maria 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 Attorney herein above set forth is still in force,and further certifi•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 14thday of August 2006 - GAS %SUR4 Continental Casualty Company 2A•� �, Qkf' 1s` ,�. National Fire Insurance Company of Hartford _at' c0p°ORAYE v 5 s�rcn"°9vro -� American Casualty Company of Reading,Pennsylvania $ JULY 11. Ou SEAL g '{ e not 1997 MAID • (� Mary A.qikalokis Assistant Secretary Form F6853-11;2001 I Authorizing By-Lads and Resolutions i ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: 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 "Article IX—Execution of Documents I Section 3. Appointment of Aromey-in-fact. The Chairman of the Board of Directors, the President or any Executive. Senior or Group Vice I President may, from time to time, appoint by written certificates anomeys-in-fact to act in behalf of the Company in the execution of policies of j 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 chererto. 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 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 i 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 i facsimile on any power of attorney granted pursuant to Section 3 of Article LY 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. Arty 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 AMERICAN CASUALTY COMPANY OF READING,PENTNSY"LVANIA: 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 "Article VI—Execution of Obligations and Appointment of Attornev-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman, of the Board of Directors, the President or any, Executive, Senior or Group Vice I 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 anomevs-in-fact subject to the limitations set forth ir, their respective certificates of authors 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." 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 Director of the Company at a meeting duly called and held on the I I day of February. 1993. "Resolved.that the signature of the President or any Executive, Senior or Group Vice President and the seal oftheCompany may be affixed by I 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 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 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. I I "Article VII--Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President of any Executive or Senior Vice President I 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 insurance,bonds, undertakings and other obligatory instruments of like nature. Such attorney;-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 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 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, 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, 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 Cot;oration. Any such power so executed and sealed and certified by ceriflcate 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." I I I.