HomeMy WebLinkAboutMINUTES - 03082005 - C16 T O: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: March 8, 2005
SUBJECT: Approving the Third Extension of the Subdivision Agreement(Right-of-Way Landscaping), San
Ramon Dougherty Valley) area.
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/ 130 for SD 98-08134, approving the Third Extension of the Subdivision
Agreement(Right-of-Way Landscaping),for project being developed by Shapell Industries of Northern California,
San Ramon(Dougherty Valley) area. (District III),
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer has not completed the construction.
CONSEQUENCES OF NEGATIVE ACTION:
The agreement will not be extended and improvements will not be completed.
Continued on Attachment: SIGNATURE:
L4MCOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_lwAWPROVE OTHER
�-
SIGNATURE S .
ACTION OF BO ON MARCH n9 2005 APPROVED AS RECOMMENDED XX OTHER
I i
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
VOTE OF SUPERVISORS date shown.
XX UNANIMOUS(ABSENT_ NONE )
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: MARCH 08, 2005
JY:mi JOHN SWEETEN, Clerk of the Board of
G:\GrpData\EngSvc1B012005\03-081SD 98-08134 BO-1 l.doc
Originator: Public Works(ES) Supervisors and County Administrator
Contact: Teri Rie(313-2363)
A
cc: Public Works—T.Bell,Construction
Current Planning,Community Development
T—January 8,2005 By , Deputy
Shapell Industries of Northern California
100 N.Milpitas Blvd.
Milpitas,CA 95035
Attn:Jim Gold
American Casualty of Reading,PA
5820 Canoga Ave.,Ste.200
Woodland Hills,CA 91367
Attn:Pamela L.Stocks
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 8, 2005 by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2005/ 130
SUBJECT: Approving the Third Extension of the Subdivision Agreement (Right-of-Way
Landscaping) for SD 98-08134, San Ramon(Dougherty Valley) area. (District 111)
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 and the County for construction of certain
improvements in SD 98-08134,in the San Ramon(Dougherty Valley)area,through September 21,
2005;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 10%
♦ ANTICIPATED DATE OF COMPLETION: December, 2005
♦ REASON FOR EXTENSION: Construction is not complete.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
JY:rm
G:\GrpData\EngSvc\130\2005\03-08\SD 98-08134 BO-1 Ldoc I hereby certify that this is a true and correct copy of an action taken
Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date
Contact: Teri Rie(313-2363) shown.
cc: Public Works—T.Bell,Construction MARCH 08 2005
Current Planning,Community Development ATTESTED: 9
T—January 8,2005 JOHN SWEETEN, Clerk of the Board of Supervisors and County
Shapell Industries of Northern California
100 N.Milpitas Blvd. Administrator
Milpitas,CA 95035
Attn:Jim Gold
American Casualty of Reading,PA
5820 Canoga Ave.,Ste.200 By Deputy
Woodland Hills,CA 91367
Attn:Pamela L.Stocks
RESOLUTION NO.2005/ 130
ro
CONTRA COSTA COUNTY
RIGHT-OF-WAY LANDSCAPING AGREEMENT EXTENSION
Development Number: Sub division 8134(cross-reference Subdivision 7796)
Developer: Shapell Industries*of Northern California
Original Agreement Date: September 21,1999
Third Extension New Termination Date: September 21,2005
Improvement Security
Surety: American Casualty of Reading,PA
Bond No:(Date): 929097481 (August 31,1999)
Security Type Security Amount
Cash: $3,900.00(1% cash,$1,000 Min.)
Bond: $389,300.00(Performance)
$196,600.00(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 thereto and acknowledge same.
Dated: V/0/06- Dated: October 4, 2004
Shapell Industries of Northern Californ D3-V3- of -ell Industries
Inc. , a Delaware Corporation
FOR CONTRA COSTA COUNTY
of S -P
etvVp
D per's Signature(s)
Maurice M. Shiu,Public Work Dir cto
c
By: Print4
RECONMMNDED FOR APPROVAL: h�veloper's S ature(s)
By: --9- !ZL Printed
� Services Division)
(Engmieen AQ 100 N. Milpitas Blvd.
--Milpitas, CA 95035
Address
American Casualty Company of
Rea. : 0 Pennsylvania
(NOTE: Developer's, Surety's and Financial Surety or Financial Institution
Institution's Signatures must he Notarized.) 5820 Canoga Avenup. Suite 200
,,Wood1.rm, d Hills, CA 91367
FORM APPROVED:Victor L Westar,County Counsel Address
After Approval Return to Clerk of the Board
Attorney in Facts Signature
Pamela L Stockso Attorney-in-Fact
Printed
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,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,
PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety 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 signature and seals
herein affixed hereby make,constitute and appoint
Pamela L Stocks, Beverly A Hall, Sandra V. Hanner, Individually
of Sherman Oaks,California
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 are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse
hereof, duly adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 7th day of January t 2000
CONTINENTAL CASUALTY COMPANY
%%S '�V��, �d � NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
P �1 �, g � AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
cCAow�rr � o�o �o
o ` JULY 31,
U SEAL �•�
1897 � HA4�� � • � '
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,ss:
On this 7th day of January , 2000 , before me personally came
Marvin J.Cashion,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 Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 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"
DIANE FAULKNER
Notary Public,*010 of t 111IM1 pis i
• M1/Co3nmissio�Expires 9117101
My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 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 each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the
said corporations this, 4th day of OCtOber ,2004
CONTINENTAL CASUALTY COMPANY
1�Uq�r} 1NSURq � � NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
0CMPoRA �, •,'�' �d4c� AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
o JULY 31, Ca
v SEAL �r ,,� 19ot
1897
Mary A.Ribikawskis Assistant Secretary
(Rev.10/1/97)
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
Section 3.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 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 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 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
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 17th 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 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 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.
"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 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 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
Directors of the Company at a meeting duly called and held on the 17th 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 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 Resolution duly adopted on February 17,
1993 by the Board of Directors of the Company.
"RESOLVED:That the President, an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from
time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation 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 Corporation by their signature and execution of any such instrument
and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or
the Board of Directors 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
Directors of the Company at a meeting duly called and held on the 17th 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 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."
State of California
County of Los Angeles
On October 4,2004 before me, Sandy 11anner - Notary Public
Date NAME, TITLE OF OFFICER., "JANE DOE. NOTARY PUBLIC"
personally appeared Pamela L. Stocks
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/AwKsubscribed to the within instrument and acknowledged to me that
Wsheik xq executed the same in hdxther/**c authorized capacityoffl* and that by IlWherfAW
signature($) on the instrument the person(&), or the entity upon behalf of which the person(o acted,
executed the 'instrument.
WITNESS y hand and official seal.
5 y
SAN6i�HMNER
fi
Commission#1362157-
mid SIGNA URE OF NOTARY
Notary Plublic Cafifo
Los Angel6s County
MY Comm.Expires Jul..2,,2006 OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
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(S)
GUARDIAN/CONSERVATOR
{..�.,�. OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Casualty Company
of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE
G-107 426-8
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On October 12, 2004,before me, Janice T. Kruse,Notary Public personally appeared,
J.C. Truebridge& Robert D. Moore personally known to me to be the persons whose
names are subscribed to the within instrument and acknowledged to me that they
executed the same 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 I KRUSE
commission# 1318697 WITNESS my hand and official seal.
Notary Public-California
Santa Clara county
MV Comm.Expires Aug 24,2005
-low, ature of Notary Public
Optional n ormation
Title or Type of Document: Landscape Aueement Extension - 8134. C.C. Coun
Inc.Capacity Claimed by Signer: Assistant Vice Presidents of Shapell Industries, c