HomeMy WebLinkAboutRESOLUTIONS - 12052006 - 2006-751 C 9 ,
TO: BOARD OF SI PERU ISORS Contra
FROM: -MAURICE M. SHIU. PUBLIC «'ORKS DIRECTORi �� Costa
DATE: December 7006 *
°sT� y County
SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) for I
Drainage Acceptance 02-00014(cross-reference Subdivision 95-07980,for project being developed i
by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware �
Corp., San Ramon (Dougherty- Valley) area. (District III) ,
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SPECIFIC REQ ES.iS:.:Z REC0NMENDAT.0\+.S!&BACKGROUNDAND R-STIFICATION I
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RECOMMENDATION(S): I
ADOPT Resolution No. _'006` for Drainage Acceptance 02-0001=1(cross-reference Subdivision 95-0 .9S4). I
approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping), for project being
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developed by-Shapell Industries of-Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp.,San i
Ramon (Dougherty Valley) area. (District III)
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FISCAL IMPACT:
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'None. I
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BACKGROUND REASO\(S) FOR RECOMMENDATION(S):
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The developer has not completed the warranty period and the Subdivision Agreement(Right-of-Way Landscaping) l
has expired.
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CONSEOUENCES OF NEGATIVE ACTION:
The Subdivision Agreement(Right-of-Way Landscaping)guaranteeing completion ofthe improvements will not be '
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renewed. '
Continued on Attachment: i/ SIGNATURE:
_1,KECONIAIE\DATION OF COUNTY ADMINISTRATOR
_RECONINIE\DATION OF BOARD COMMITTEE !
_✓XPPROVE �/OTH�ER
SIGN.aTUREISI: 7> rl�t '6e/' C�
ACTION OF BO)ko ON ^ - .2�.z9,6 APPROVED AS RECOMMENDED V, OTHER
\/E OF SUPE ISORS t I hereby-certify-that this is a true and correct I
L-NANIMots )(A,Cacs7p_ /d r/e. �l/ copy of an action taken and entered on the
AYES: NO : minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: p
La:a date shown.
G. ice 30_i-.•513- 3O i Di
Originalor: R__-1—Werks+.ES-)
Crectct T.C.e 013_101
ATTESTED: -or
Cc: `=e C°-'L,`=t`=° JOHN CULLEN, Clerk of the Board of j
Ccaenc Plan ar._.Cea--etado.Derelapt m
T-Au_-t I. Supervisors and County Administrator I
S!:_p0:n;ia5Te5 of?cr_4e. C_..fz-ma -
Nanc !F::e:asp ree Cc ran,of Bv ) Deputy
Cam1=azk Rcai.S:itc
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA �
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Adopted this Resolution on December 5. 2006 by the following rote: �
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AYES: Cilkema. Piepho. Glo%er and Gioia
NOES: None
VACANT: DISTRICT 1V SUPERVISOR DESAULNIER
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.ABSTAIN: lone I
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RESOLUTION NO. 20061' 7,5—/
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SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way I
Landscaping) for Drainage Acceptance 02-00014 (cross-reference Subdivision 95- j
0'954). for projeet being developed by Shapell Industries of'Northern California. a
Division of Shapell Industries, Inc.. a Delaware Corp., San Ramon (Dougherty
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Valle}') area. (District III)
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The Public Works Director having recommended that he be authorized to execute the second
agreement extension which extends the Subdivision Agreement (Right-of-Way Landscaping)
between Shapell Industries of Northern California.a Division of Shapell Industries,Inc.,a Dela«-are
Corp. and the Count-for construction of certain improvements in Drainage Acceptance 02-00014
(cross-reference Subdivision 9�-0'984).in the San Ramon(Dougherty ValleYI area.through October
1. 2008: '
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e APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100%
e ANTICIPATED DATE OF COMPLETION: September 2015
o REASON FOR EXTE\SIO\: Completion of maintenance warranty period. j
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IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director j
is APPROVED.
1 hereby Cer[lh"that thls is a LPae and Ci;rI2Ct caps-of an actio.,taken I
G --- =_==--=+30a: = 1 and entered on the minutes o:the Board of Supervisors on the date i
l7r viratcr. rr"_.5:
Cwntacr. T-Rie�Cn
as_ ATTESTED: Ace,--*- �Gx- P�x z4t-*eL �
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cc: JOHN CLZLE\. Clerk o2 the Board of Supervisors and County
administrator
..-c":n;ts:rns at Sar:er..C3:ifara
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CA
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:r..:Sam c d: Be .Deputy
Nazi.a3::r:awe.:e COEVZ.:- F- rP_rd
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Care h-Z Roa4.Sloe. J
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RESOLUTION NO.2006;
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CONTRA COSTA COUNTY
SUBDIVISIOti AGREEMENT (RIGIIT-OF-W_AY LANDSCAPING) EXTE\SION I
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Development lumber: DA 02-00014(cross-reference SD 95-07984)
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Developer: Shapell Industries of Northern California, a I
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Division of Shapell Industries,:1 Dclall-are Corp. I
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Orininal?,ereement Date: October 1,2002 ') I
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Second Extension New Termination Dave: October 1. '_008 I I
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Improvement Security
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Surety: National Fire Insurance Company of Ilartlo-d
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Bond No. (Date): 929247999 (Au-ust23,_002)
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Sectn•itvTvne Securitc Amount
Cash: S 4000.00 (1% cash,S1,000 Nin.) j
Bond Rider: S',0,065.00 (Performance)
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S 235,900.00 (Labor& Material)
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Thu and ti].'.S'urety deSire Lh;s Aer--Cinent t1 he extCrlded tbrou-1i the above dzw;a.n Co_:tr2 CeSta County
and said Surer here?)y aggree ti-et and ac s ov.sd-Te sane.
�if/ ;) A�O'ct,Q!Veerr%(�6,,,I2f�0nt{066
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FOR co:1.2:COST COU:: Y o c-.1 S;-CL ./�Q
lai: CJh_ti, ��lC�`Q':S -
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Flat:cd
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(t=1, _ ee4._� .I(\,���;;,oh) 100 N. Milpitas Blvd.; Milpitas, CA 95035 I
Address I
National Fire Insurance Company of Hartford I
C itretY Q:'F1P Z.^_C= it 5::'lt�1C:l I
(VOTE: Developer's, Surer*`s and Financial
Institution's Si4jzatares must be_Votariged)
2355 E. Gamelback Road, Suite 500, Phoenix,AZ 85016 I
d-11-CS I
_;'er i}e):�E:'^r�P'L'Y:e'f.[`!{i'r.•tt r:('ti:.P:r ��\ D�/ 1 I
AttJ_l-- :n Facts S:e::aiure
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Gina O'Shea, Attorney-in-Fact '
Fr:_tea '
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
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State of California I
Count-of Santa Clara
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On October 30, 2006. before me. Janice T. Kruse. botany Public personally-appeared
Robert D. Moore and Ken Cos 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.
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JANICE L KRUSE ` NVITNESS my hand and official seal.U. i
Commission# 1597428 f
Notary Public-California \\ o
Santa Clara County -
1-_ -_ _ MyC°mm_EXP;res"24.2o09 Signature of\otary Public i
Optional Information
Title or Type of Document: Subd. Aer. Est. Securite Bond - SD 95-07984
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Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary- of �
Shanell Industries. Inc.
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Authorizing By--Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL 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 Directors of the !
Company.
"Article IX--Execution of Documents i
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group bice
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
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 instruments and to attach the
seal of the Company thererto. The Chairman of the Board of Director,the President or any Executive,Senior or Group bice President or the Board of
Directors,may,a[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-:h day of February, 1993. i
"Resolved,that the signature of the President or any Executive. Senior or Group bice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 3 of Article I% 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,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. y
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"Article VI—Execution of Obligations and:appointment of attorney°-In-Fact i
Section 2. Appointment of attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive. Senior or Group bice 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
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 instruments and to attach the
seal of the Company thereto. The President or any Executive,Senior or Group bice President may at anytime revoke all power and authority previously
given to any attorney-in-fact." j
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 R'day of February,1993.
"Resolved,that the signature of the President or any Executive. Senior or Group bice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section Z 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 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
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.
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"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 bice 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 instruments and to attach the seal of the Company
thereto. The Chairman of the Board of Directors, the President or any Executive,Senior bice President or the Board of Director,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 1/"day of February,1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group bice 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 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
be valid and binding on the Corporation."
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
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Know All]fen 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 I
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
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Pamela L Stocks,Beverly A Hall,Sandra 8'Hanner,Gina O'Shea,Individually
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of Sherman Oaks.CA,their true and lawful Attorneys)-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
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-In Unlimited amounts- I
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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 j
ac's of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
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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 I
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. y i
0jAksT NtsUgq w Continental Casualty Company
@. National Fire Insurance Company of Hartford I
COPPORAre gK,6.,9AOTro - American Casualty Company of Reading,Pennsylvania
p a S IUtY 11.
Olt SEAL 2 1992
1897 MAR1* •
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Thomas P. Stillman Senior Vice President I
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State of Illinois,County of Cook,ss: i
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::e resides in:he Cay of Chicago,State of Illinois:that he is a Senior Vice President of Continental Casualty Company.an Illinois corporation, I
National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading.Pennsylvania,a Pennsylvania 1
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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 aame thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations.
'OFFICIAL SEAL'
1taRUt M.6E[9NA '/t-{ ' /�'•j /
NW WW�c (`�'w/t
• m .9t.1.of 19ngy ' •L
Mr Com aw,E.pi s 169
3116 .
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My Commission Expires March 15.2009 Maria M. Medina Notary Public I
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CERTIFICATE
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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 certifi•that the
Power of Attorney herein above set forth is still in force,and further certifY that the By-Lary 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
16th day of October 2006
GAS LU<r 111SUR4 Continental Casualty Company ;
National Fire Insurance Company of Hartford I
CORPO'ure S sNt promo - American Casualty Company of Reading,Pennsylvania
/ULY 11. a
U SFAL
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1897 MA11q •
Mary A.R�ika jokis Assistant Secretary i
Form F685_-11'2001
State of California
County of _ Los Angeles
On October 16, 2006 before me. Sandy Hanner- Notary Public
Date NAME. TITLE OF OFFICER.. "JANE DOE. 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/am subscribed to the within instrument and acknowledged to me that
ke/she/tom( executed the same in:his/her1*j*authorized capacityw), and that by kis/her/their
signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted,
executed the instrument.
UNDY MANNER WITNESSy hand and off' 'al seal.
_ Convr>�On 0 1672602 �
-o Notary Public -CaMMIa g_ %i✓ 1
Los Angeles County 'SIGNATURE OF NOTARY
MV Comm.Expkw JW 2.2010
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
(�)
ATTORNEY-(N-FACT i
(_) TRUSTEE(S)
(�) GUARDIAN/CONSERVATOR
(__ ) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Nn innal Firp Insrirnnca Cmmnanv of Hartford i
SIGNER(S) OTHER THAN NAMED ABOVE
G-(07426-a