The URL can be used to link to this page

Home My WebLink AboutRESOLUTIONS - 12052006 - 2006-752 c A10 C . d TO: BOARD OF SUPERVISORS __:,. Contra FRO-M: \I.AURICE M. SHIU. PUBLIC WORKS DIRECTOR 4 l �r Costa i DATE: December 5. 2006 CUllllt`' sra.coi` t' V SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for Drainage- Acceptance 04-00043(cross-reference Subdivision 99-08306),for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp.. San Ramon (Dougherty Valley) area. (District III) SPEC.-H-C REQUEST.-S-0 OR RECOMNIENDA:ION6.S.BACKGRi:L\D_y\D 1USTTICATIOS - RE CO.NI-'%IE\DATION(S): ADOPT Resolution\o. 1006.` 7� for Drainage Acceptance 04-00043(cross-reference Subdivision 99-033306). approving the Second Extension of the Drainage Improvement Agreement,for project being developed by Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp., San Ramon(Dougherty Valle) area. (District III) FISCAL INIPACT: 'None. BACKGROLNAIREASON(S) FOR RECONIMENDATIO\(S): The developer has not completed the improvements and the Drainage Improvement Agreement has expired. i CONSEOUE\CES OF NEGATIVE ACTIO\: The Drainage Improvement Agreement guaranteeing completion of the improvements ,,ill not be renewed. Continued on Attachment:_,,,-' SIGNATURE: _,,�RECOMNIE\DATION OF COUNTY ADMINISTRATOR _REC03INIENDATION OF BOARD COMMITTEE ,,XPPROVE ]] ��OTHEER SIGNATCREISI: `�'�F/rr� ACTION OF BO. ON LJc�e�-,6��- m\r- Z ,C APPROVED AS RECOMMENDED ✓ OTHER � I hereby certify that this is a true and correct VOTE OF SC?E2 SORS • I L- NIMOUS copy-of an action taken and entered on the AYES: OEs: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. DA-;-C--4---',c I Originator: P Ii: ! 2=±:S' cont.cC --l ATTESTED: Aco"n,de, JOHI�- CUL.LEN, Clerk of the Board of cc: 'c��;z C:arks-Cc��_e.i�.-. C_r..rt Pd--m.._.C-==k=Oe.cLptrn: Supervisors and County Administrator ' �r_L'i.CA ;K-, = By ,,f--. Deputy, ...--G i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ' Adopted this Resolution on December 5, 2006 by the following rote: AYES: Lilkema.Piepho.Glover and Gioia NOES: -None VACANT: DISTRICT IV CPERN ISOR DESACLNIER ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for Drainage Acceptance 0-1-00043 (cross-reference Subdivision 99-0S306),for project being developed by Shapell Industries of Northern California, a Division of Shapell Ir:dustries,Inc.,a Delawar:,Corp..San Ramon(Douahert�_-Valle)area.(District III) i The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Drainage Improvement Agreement between Shapell Industries of\Torthem California, a Division of Shapell Industries; Inc., a Delaware Corp. and the County for construction of certain improvements in Drainage Acceptance 04-00043, in the San Ramon (Doughem•Valley) area. through November 30, 2008; ♦ APPROXLMATE PERCENTAGE OF WORK COMPLETE: 99% ♦ ANTICIPATED DATE OF COMPLETION: December 200- o REASON_FOR EXTENSION: Final walkdown and warranty period IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. I herebv certifv t'-at this is a true and correct copy of a^ action taken - I _-==.z 33==== =30-1:a,- - and entered on the miru.es of the Board of Supervisor on the date orfglnnter: P�_= -=;ES sho«a. Contact: _1313=35I 3 ::.5_Cz '>'_9'sy-_=;Se�:e er 3..=-• ATTESTED: �/•fiCiP/�'�7�J�� Off o�iffi�6 _' «: P _`=x - JOHN CUL.LEN. Clerk of the Board of Supervisors and Coln-Lv e;_--__- Administrator I 1C Nor_,\f'P:MS Blvd CA .y: San 'o.den- By Deputy :._r:_:Fie C_r. a �[3 [cd - E. =..:_c Rsd.�_..____ I RESOLUTION NO.2006.' CONTRA COSTA COUNTY DRAINAGE IIIPROVATE\T AGREEI•IE\T EXTENSION i Development-Number: DA 04-00043 (cross-reference SD 99-08306) Developer: Shapell Industries of Northern California, a Division of Shapell Industries, Inc.,a Delay.-are Corp. Original Agreement Date: November 30,2004 Second)extension New Termination Date: November 30,2008 Improvement Security i Surety: -National Fire Insurance Companl ofHartiord Bond 1o. (Date): 929299'60 (September 2,2004) I I I ' i Security Tv ue Securitv Amount Cash: S 5,800.00 (1% cash, 51.000%lin.) Bond: S 571.300.00 (Performauce) S 288 550.00 (Labor & 'klaterial) I i i e D,. eloper and:l:e Sure s",Sire ti-is Aageemen,to bt ex+en e.d-trough th�above dare:F-id Corr-&Cos:---County a-d said Sure-y a,r,bv a!,-:--,;-.tSleleto 2.j`'F,::11o::'led£,,;�S.1m,. DFtec: 1 I 1 Zi /TIOc& % 2006 OR COI ?Z'; COSTA COUNT I3 Sigp7a'u_ sr hf4 1_€,e_,l'S'r:^ , Pubic I I ksst•v j t vs Prime: /I r Dere: I - 's Signa'�are(s) E O:._1<'ILNDED FOR APP"O V1%L: printed �� Secy i- B_:: A iL:: i= eeri- - � �D~is •r. 100 N. Milpitas Blvd.. Milpitas. CA 95035 rJ Ad-'-ess I National Fire Insurance Company of Hartford S'u: :_v Or - lilc.::.rt.- ..�uw .l ..v OVOIE: Developer's. Surch-s and Financial V Institution's Signatures inust he iVotarizerL) 2355 E. Camelback Road. Suite 500.-Phoenix. AZ 85016 Adds -_, nr.:!B_:....-.✓Cies..c`ri;r 5r•:.... e __-a,._ Sign tta-'.'- I Gina O'Shea, Attorney-in-Fact P-:::-ed I I - I i CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT i State of California County of Santa Clara I On November 6, 2006. before me. Janice T. Kruse.\otary Public personally appeared i Robert D. Moore and Ken Cot known to me to be the persons whose name are subscribed to the within instrument and acknowledeed to me that they° executed the same in their authorized capacities. and that by their signature on the instrument, the persons or i the entity upon behalf of which the persons acted. executed the instrument. - - [ XX'ITVESS my hand and official seal. JANICE L KRUSE r I _ Commission# 1597428 -d Notary Public-California > Santa Clara County My Comm.eMresAug zt.zlm9� Signature of\otary Public - - - - - - - - - - - - - - i Optional Information Title or Type of Document: Drainat=e Improvement Aereement Extension DA0400043 i i Capacity Claimed by Signer: Assistant Vice President and Assistant Secretarn- of Shaoell Industries. Inc. i I i Authorizing By-Laws and Resolutions I 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 Director of the i Company. i `Article IX---Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Director, 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 insurance, bonds, undenakines and other obligatory instruments of like nature. Such attomevs-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 Vice President or the Board of I Director,may,at any time,revoke all power and authority previously given to any attorney-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 i Company at a meeting duly called and held on the 17 day,of February, 1993. I 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 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 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 I facsimile sienature 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 I I 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 Director of the Company. "Article VI--Execution of Obligations and appointment of Attorney-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 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 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 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 Director 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 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 and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Companp'." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FiRE INSURANCE COMPAN-Y 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 Director of the i Company. I I "Article VII—Execution of Documents Section 3. Appointment of Attomey-in-Fact. The Chairman of the Board of Director, 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 instrnmews of like nature. Such attomeys-in-fact subject to the limitations set forth in their respective certificates of i 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. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of dhe Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Director 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 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 i be valid and binding on the Corporation." I I I POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-I\-FACT Know all Men By These Presents.That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Llinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation therein called"the CNA Companies'),are duly or_zn;zed and existing corporations having their principal offices in the Cit 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 At'omev(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligator-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 Director 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 ugtT� %SU4Continental Casualty Company National Fire Insurance Company of Hartford cap°olure 5g�wCearakrrn -� American Casualty Company of Reading,Pennsylvania F a lULY 71, 1887 MAKM • I Thomas P. Stillman Senior Vice President State of Illinois,Counts•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 sw•om,did depose and say: that he resides in the Cit 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 is 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 hs name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. ....................... 'OFFICIAL SEAL' ; MAKk M.AEIHIM _ HNnDi • Nary ssie•Exo Of 1151. • / / `P'�-_' . _--__" Mr l:anmuia^E�pia 3r1S/0Y 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 prime' on tile 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` bth day of October 2006 GASr %14SUR Continental Casualty Company q�F fig° National Fire Insurance Company of Hartford cop ours a c S�MCM"a+arFe - American Casualty Company of Reading,Pennsylvania Z a s Ou SEAL ` p e lUlStt 1897 : MAPrt • a�` Mary A.RibikaQkis Assistant SecretaryAl I Form F6853-11 2001 State of California County of _ Los Anqeles On October 16, 2006 before me. Sandy Hanner- Notary Public i care NAME. TITLE OF OFFICER.. -;ANE 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(W islxm subscribed to the within instrument and acknowledged to me that i bw/she/tom( executed the same in his/her/ft* authorized capacitykw), and that by Ips/herlta& signature(Is) on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. i WITNESSy hand and off' ' seal. SANIN HANW I R ConvrdssW 0 1672602 a -o Nobly Pub5c -Catfomio g SIGNATURE OF NOTARY Los Angslss Caur»Y My Comm.Exp hi12,2010 - 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 i ( x ATTORNEY-IN-FACT (_) TRUSTEES) (_) GUARDIAN/CONSERVATOR (_) OTHER DATE OF DOCUMENT j SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Natinnal Firr Inti trance Gmmnenv of Hartford SIGNER(S) OTHER THAN NAMED ABOVE I 0•�or.2e•e I