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Home My WebLink AboutMINUTES - 10172006 - C.8 SE L TO: BOARD OF SUPERVISORS ;•=_-� � Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR - u •,a h iz Costa o� DATE: October 17, 2006 County Sra co6nT I SUBJECT: Approving the Third Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 02-08631,for project being developed by Shapell Industries of Northern California,a Division of Shapell Industries,a Delaware Corp.,San Ramon(Dougherty Valley)area.(District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/-4�U for Subdivision 02-08631,approving the Third Extension of the Subdivision Agreement(Right-of-Way Landscaping),for project being developed by Shapell Industries ofNorthern California,a Division of Shapell Industries, a Delaware Corp., San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer has not completed the warranty period and the Subdivision Agreement(Right-of-Way Landscaping) has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right-of-Way Landscaping)guaranteeing completion of the improvements will not be renewed. _- Continued on Attachment: ✓ SIGNATURE: a _ COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _ZA PPROV OTHER SIGNATURES ACTION OF B A D ON O ��/ APPROVED AS RECOMMENDED OTHER VOT OF SUP VISORS 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. LB:v G:\EngSvc\BO\2006\10-17\SD02-8631 BO-1 l.doc ,.-J-y-- ��f,,�., Originator: Public Works(ES) ATTESTED: I14 Y�` ZZ `i-" V Bon No 7.533 (December JOHN CULLEN, Clerk of the Board of Band No/Date:190775330(December 19,2002) Supervisors and County Administrator cc: Public Works-Construction - Current Planning,Community Development T-February 15,2008 Shapell Industries of Northern California 100 N.Milpitas Blvd. Milpitas,CA 95035 By ' Deputy i Attn:Sam Worden National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,CA 85016 Attn;Pamela L.Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 17, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ (v SUBJECT: Approving the Third Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 02-08631, for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries,a Delaware Corp., San Ramon(Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the third agreement extension which extends the Subdivision Agreement (Right-of-Way Landscaping) between Shapell Industries of Northern California, a Division of Shapell Industries, a Delaware Corp. and the County for construction of certain improvements in Subdivision 02-08631,in the San Ramon (Dougherty Valley) area, through April 15, 2008; o APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% ® ANTICIPATED DATE OF COMPLETION: November 2006 ® REASON FOR EXTENSION: Warranty period punch list items IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. LB:vz I hereby certify that this is a'true and correct copy of an action taken G:\EngSvc\BO\2006\10-17\SD 02-8631 BO-1 Ldoc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: T.Pie(313-2363) /➢,��— Bond No/Date:190775330(December 19,2002) ATTESTED: �%/v cc: Public Works—Construction JOHN CULLEN, Clerk of the Board of Supervisors and County Current Planning,Community Development T—February 15,2008 Administrator Shapell Industries of Northern California 100 N.Milpitas Blvd. _ Milpitas,CA 95035 Atm:Sam Worden By ,Deputy National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,CA 85016 Atm:Pamela L.Stocks RESOLUTION NO.2006/ G Duplicate of Original Executed July 20, 2006 CONTRA COSTA COUNTY SUBDIVISION AGREEMENT (RIGHT-OF-WAY LANDSCAPING) EXTENSION Development Number: SD 02-08631 Developer: Shapell Industries of Northern California, a Division of Shapell Industries,a Delaware Corp. Original Agreement Date: April 15,2003 Third Extension New Termination Date: April 15,2008 Improvement Security Surety: National Fire Insurance Company of Hartford Bond No. (Date): 190 775 330 (December 19, 2002) Security Type Security Amount Cash: $6,400.00 (1% cash, $1,000 Min.) Bond Rider: $95,220.00 (Performance) $320,600.00 (Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thipretod acknowledge same. Dated: 9--. Dated: September 19, 2006 FOR CONTRA COSTA COUNTY DeveIig atT)' Maurice M. Shiu, ublic Works rector ( 12. 9YLI-11 Printed 7/v D yvlod�a YM� , °tSs 341 R 1V" By. De elo ers ignature(s) RECOMMENDED FOR APPROVAL: Printed k(e.. Con INSS-1 y-tt+ r By: (Engineers rvices Division) 100 N. Milpitas Blvd., Milpitas, CA 95035 Address National Fire Insurance Company of Hartford (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 2355 E. elback Road Suite 500 Phoenix AZ 85016 FORMAPPROVgO;Victor J.We�mm,e.t,C.,d Address A ter App roval Return to Clerk of the Board "�— orney in Facts Signature Pamela L. Stocks, Attorney-in-Fact Printed CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On 9/21/06, before me, Janice T. Kruse,Notary 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. JANICE T,KRUSE Commission#1597428 WITNESS my hand an official seal. Notary Public.California / Santa Clara County G L MvComm.E;vMAug 24,2 - Sig ture of Notary Public Optional Information Title or Type of Document: Subdivision Agreement SD 02-08631 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shanell Industries, Inc. State of California County of Los Angeles On September 19, 2006 before me, Sandy Hanner- Notary Public Oale NAME. TITLE OF OFFICER.. "JANE OOE. NOTARY PUBLIC' personally appeared Pamela L. Stocks NAME(S) OF SIGNER(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/am subscribed to the within instrument and acknowledged to me that ka/she/Wft executed the same in-his/her/fAxair authorized capacity(ies), and that by kiedherIW44W signature(s) on the instrument the person(5), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES my hand and offi ' seal. LAAW KAMR Conv"Won 01672602 Notmy RM -emornta SIGNATURE OF NOTARY L03 Angsfo Cow" Cwrvn =JW2.2010 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 (_ _) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (_) PARTNER(S) (_) LIMITED (_) GENERAL NUMBER OF PAGES ( x.) ATTORNEY-IN-FACT (�) TRUSTEE($) (�) GUARDIAN/CONSERVATOR (_) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 0-1074204) - J 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 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 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,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 15th day of August,2006. GAsta� Continental Casualty Company tMSURq ~a`0 � National Fire Insurance Company of Hartford rOAPoanre 0g sMt�►a+arro American Casualty Company of Reading,Pennsylvania • 9 $ Z y a e IDLY ll, CJ SEAL `Z `�, � < 17'yyY 1902 1897 � HAII�� • � " Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 15th day of August,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. j -OFFICIAL SEAL' ; • MARIA M.MEOW ; ( i Nwary Public,Ste*H of WIN • / / •l. My cwrww•ion Ey*"31151M My Commission Expires March 15,2009 Maria M.Medina Notary Public CERTIFICATE 1,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 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 1 tday of September 2006 . OAS t14SUR4 Continental Casualty Company National Fire Insurance Company of Hartford coaPorurf d�sMc�Pp+arro American Casualty Company of Reading,Pennsylvania ~ v Z S JULY n, OV SEAL ", e + , 19 1897 � HAR�� Mary A.qikai6kis Assistant Secretary Form F6853-11/2001