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Home My WebLink AboutMINUTES - 11142006 - C.11 i SE TO: BOARD OF SUPERVISORS �-'--_-__•-L Contrao FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR gi ,I nom... ` s Costa DATE: November 14, 2006 °° w� County srq•couri`� SUBJECT: Approving the Third Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Park Acceptance 02-00003 (cross-reference Subdivision 95-07984),for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/7X? for Park Acceptance 02-00003 (cross-reference Subdivision 95-07984), approving the Third Extension,of the Subdivision Agreement (Right-of-Way Landscaping), for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., 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: LZ,4L_� L-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _ ✓�PPROVE _ THER SIGNATURES ACTION OF B(yARb ON 6 APPROVED AS RECOMMENDED OTHER VOF SUP VISORS ',�� I hereby certify that this is a true and correct OTt UNANIMOUS(ABSENT L- ) 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\I 1-14\BO-11RA 02-0003.doc Originator: Public Works(ES) Contact: T.Ric(313-2363) ATTESTED: "��' Bond No/Date:929247992 cc: Public Works—Construction JOHN CULLEN, Clerk of the Board of Current Planning,Community Development Supervisors and County Administrator T—July 17,2008 Shapell Industries of Northern California , 100 North Milpitas Blvd Milpitas,CA 95035 Attn:Sam Worden&J.Gold National Fire Insurance Company of Hartford By ,Deputy 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Gina O'Shea THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 14, 2006 by the following vote: AYES: SUPERVISORS UILKEMA, PIEPHO, GLOVER,AND GIOIA NOES: NONE ABSENT; SUPERVISOR DESAULNIER RESOLUTION NO. 2006/ ;r/oe SUBJECT: Approving the Third Extension of the Subdivision Agreement (Right-of-Way Landscaping)for Park Acceptance 02-00003 (cross-reference Subdivision 95-07984), 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 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, Inc. and the County for construction of certain improvements in Park Acceptance 02-00003 (cross-reference Subdivision 95-07984), in the San Ramon(Dougherty Valley) area, through September 17, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: January 2007 ♦ REASON FOR EXTENSION: Completion of warranty period IT IS BY THE BOARD RESOLVED that the recommendation of the 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\11-14\BO-11RA 02-0003.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: T.Ric(313-2363) Bond No/Date:929247992 ATTESTED: ,Var dl`»7 � i � G cc: Public Works—Construction JOHN CULLEN, Clerk of the Board.of Supervisors and County Current Planning,Community Development T—July 17,2008 Administrator Shapell Industries of Northern California 100 North Milpitas Blvd Milpitas,CA 95035 Atm:Sam Worden&J.Gold By ,Deputy National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Atm:Gina O'Shea RESOLUTION NO.2006/ /1d CONTRA COSTA COUNTY SUBDIVISON AGREEMEN'I' (RIGHT-OF-WAY LANDSCAPING) EXTENSION .Development Number: PA 02-00003 (cross-reference 95-07984);4 Developer: Shapell Industries of Northern California,a Division of Shapell Industries,Inc. Original Agreement Date: September 17, 2002 Third Extension New Termination Date: September 17, 2008 Improvement Security Surety: National Fire Insurance Company of Hartford Bond No. (Date): 929247992 (August 14,2002) Securitv Type Securitv Amount Cash: $5,500.00 (1% cash,$1,000 Min.) Bond Rider: $81,330.00 (Performance) $273,900.00 (Labor& il9aterial) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereb a?,,cc tl to and acknowledge same. Dated: at d: ctob 4 2 6 g . t ov V 1a , I FOR CONTRA COSTA COUNTY De is igna u c(, ) V Maurice M. 'hiu, Pu is Works ire or Printe S S By: B � ev open's Signaturc(s) RECOMMENDED FOR APP VAL: f ,�_ Y_ Printed S S t S i Pc(U-1 gejz�y�� By: _ 4��_ (Engineer(n Sewice Division) 100 N. Milpitas Blvd., Milpitas, CA 95035 Address National Fire Insurance Company of Hartford (AOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 2355 E. Camelback Road, Suite 500, Phoenix, AZ 85016 FORM APPROVED:Vin..,1,WG Dan Cl .TyC.0 .1 Address 0 (�( After Apnrowd Return to Clerk of the Board U Attorney in Facts Signature Gina O'Shea, Attorney-in-Fact Printed CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On October 5, 2006, 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. JANK;Eission#1597428 Z T.KRUSE WITNESS my hand and official seal. Om Public califoinia Notoly Comm.ExpireS Aug 24,2009 nM Sig 7ature Notary Public Optional Information Title or Type of Document: Subdivision Agreement Landscape- PA 02-00003 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries, Inc. State of California County of Los Angeles On October 4, 2006before me, Sandy Hanner-Notary Public oate NAME. TITLE OF OFFICER., "JANE OOE. NOTARY PUBLIC' personally appeared Gina O'Shea 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( is/aee subscribed to the within instrument and acknowledged to me that ke/she/tom( executed the same in)hms/her/*a*authorized capacity(W), and that by W2/her/tl signature(b) on the instrument the person(S), or the entity upon behalf of which the person(%) acted, executed the instrument. SAA N KAWRWITNES my hand and Icial seal. Comrrtlsslon e 1672602 ' Notary Public -Caromlo Los Angeles County SIGNATURE OF NOTARY Comm Ex0a AA 2.20101 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 { x ATTORNEY-IN-FACT NUMBER OF PAGES (_) TRUSTEE(S) (_) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) -Nntjnnal Eire Insuranrp Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426.8 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 Hanner,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. GAS taq�T %%SUR4* ORContinental Casualty Company National Fire Insurance Company of Hartford pOPVORAtf 04M ?,r American Casualty Company of Reading,Pennsylvania H • � > JULY 31— SEAL Ou SEAL 1897 HAAo� • e�. 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 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.MEDINANotary Public,State of � MY Commission Expires 311 VIA i 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 certify that the By-Law and Resolution of the Board of Directors of the corporations printe 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 �+th day of October 2006 CA's uaSUR4 AP Continental Casualty Company National Fire Insurance Company of Hartford zW coaPonnrf S� �pp � � oarorlarF American Casualty Company of Reading,Pennsylvania } • s S JULY 11, °v SEAL 1897 HARM • Mary A.qikaQkis Assistant Secretary Form F6853-11/2001