HomeMy WebLinkAboutMINUTES - 04042006 - C.3 TO: BOARD OF SUPERVISORS _�-5� ` _ Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR o, 11,
hmi� 'z Costa
110
DATE: April 4, 2006 Volc,
s ' County
SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for DA 00-00004, San
Ramon (Dougherty Valley) area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2006/ for DA 00-00004, 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 Valley) area. (District 111)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Drainage Improvement Agreement has expired and improvements have not been completed.
CONSEQUENCES OF NEGATIVE ACTION:
The Drainage Improvement Agreement will not be renewed.
i
Continued on Attachment: ,�' SIGNATURE: y
,RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
_LeAPPROVE OTHER
SIGNATURES :
ACTION OF BO {t ON ! APPROVED AS RECOMMENDED OTHER
VO F SUPERVISORS
UNANIMOUS(ABSENT I hereby certify that this is a true and correct
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
date shown.
LL:mt
G:\GrpData\EngSvc\BO\2006\04-04\DA 00-00004 BO-11.doc v
Originator: Public Works(ES)
Contact: Teri 38,Augus363) ATTESTED:
Bond No/Date:929263038,August 7,2002
cc: Public Works—Construction JOHN CULLEN, Clerk of the Board of
Current Planning,Conn runity Development
T-mly 17,2oo6 Supervisors and County Administrator
Shapell Industries
100 N.Milpitas Blvd.
Milpitas,CA 95035
Attn:B.Olin,S.Savage
National Fire Insurance Cornpany of Hartford By , Deputy
2355 E.Camelback Rd.,Ste 500
Phoenix,AZ 85016
Atm:Pamela L.Stocks
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA .
Adopted this Resolution on April 4, 2006 by the following vote:
AYES: Uilkema, Piepho, DeSaulnier,Glover and Gioia
NOES: None
(ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006/
SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for DA
00-00004, San Ramon (Dougherty Valley) area. (District III)
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 Northern California,a Division of Shapell Industries, Inc.,A Delaware Corp. and the
County for construction of certain improvements in DA 00-00004, in the San Ramon (Dougherty
Valley) area, through September 17, 2007;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100%
♦ ANTICIPATED DATE OF COMPLETION: September, 2005
♦ REASON FOR EXTENSION: The Drainage Improvement Agreement has expired.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
I hereby certify that this is a true and correct copy of an action taken
LL:rm and entered on the minutes of the Board of Supervisors on the date
G:\GrpData\EngSvc\BO\2006\04-04\DA 00-00004 BO-1 I.doc shown.
Originator: Public Works(ES) pnr�/
Contact: Teri Rie(313-2363) ATTESTED: /
Bond No/Date:Public
W038,Augustucion JOHN CULLEN Clerk of the Board of Supervisors and County
cc: Public Works—Construction �
Current Planning,Community Development Administrator
T—July 17,2006
Shapell Industries
100 N.Milpitas Blvd.
Milpitas,CA 95035
Atm:B.Olin,S.Savage By , Deputy
National Fire Insurance Company of Hanford
2355 E.Camelback Rd.,Ste 500
Phoenix,AZ 85016
Atm:Pamela L.Stocks
RESOLUTION NO.2006/ IN40"T
CONTRA COSTA COUNTY
DRAINAGE IMPROVEMENT AGREEMENT EXTENSION
Development Number: DA 00-0004
Developer: Shapell Industries of Northepi California;
gchvwjm ej-s[k&pa a4us-kiCS, ••4 iipiaware
Original Agreement Date: September 17,20022'
2nd Extension New Termination Date: September 17,200/��p Jy
Improvement Security
Surety: National Fire Insurance Company of Hartford
Bond Number No. (Date): 929263038 (August 7,2002)
Securitv Tvne Securitv Amount
Cash: $9,000.00 (1% cash,$1,000 Min.)
Bond: $891,000.00 (Performance)
$450,000.00 (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 agn•ee thereto and acknowledge same.
Dated: Dated: September 14, 2005
FOR CONTRA COSTA COUNTY e eloper's Signature(s)
Maurice M. ShJiu,Public W rks Director
B Printed
ill 1v
bevel per's 'ignature(s)
RECOMMENDED FOR APPROVAL: K�n
f/ C,tp
By: T1�^^� Printed
(Engid64g4 Services Division) 100 N. rlilpitas Blvd.
Milpitas, CA 95035
I
I Address
National Fire Insurance Company
of Hartford
(NOTE: Developer's, Srrr•ety's and Financial Surety or Financial Institution
Institution's Signatures must be A'otarized.) 2355 E. Camelback Road, Suite 500
ixAZ 85016
rox.» v
arraoeco. ..).�cc,ci..2c >c1 Address _
After Approval Relive to Clerk ofdhe BoardC
lc'
Att rney in Facts Signature
Pamela L. Stocks, 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,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 21st day of March,2005.
GAS u1(T 114SUR4 Continental Casualty Company
National Fire Insurance Company of Hartford
00AP "re 8�rt�►a+arrn -� American Casualty Company of Reading,Pennsylvania
y s IYLY 11,
GJ SEAL
1897 ►IARC •
Michael Gengler Sen' r Vice President
State of Illinois,County of Cook,ss:
On this 21st day of March,2005,before me personally came Michael Gengler 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,a Connecticut 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 I •
EIJZA PRICE • ,//I� L
•Drw•Y 11SC•rwt�d aL1o• l
w pp�q•pp•a:•v1)M
My Commission Expires September 17,2005 Eliza Price V Notary Public
i
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,a Connecticut 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
14th day of September 2005
CAS Ugtr t115UR a Continental Casualty Company
National Fire Insurance Company of Hartford
CORP S�Nraarm+arro American Casualty Company of Reading,Pennsylvania
� • V
a JULY 71,
Gu SEAL G� elf°e Ism
1897 NARK •
Mary A.qikaQkis Assistant Secretary
Form F6853-11/2001
t
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 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 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 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`h 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 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 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`h 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
Comp i y at a meeting duly called and held on the 17'h 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,
1983 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 September 14, 2005 before me. Sandy Hanner-Notary Public
Dale 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 persons) whose name(s) is/=* subscribed to the within instrument and acknowledged to me that
he/she/tb"executed the same in*Ws/her/ftk authorized capacity(iee), and that by hiedher/tk*#
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 an tcial seal.
SANDY HANNER
Commission#1362157
-m Notary Public-California SIGNATURE OF NOTARY
' Los Angeles Cpunty
My Comm.Expires Jul 2,2008 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
I
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)
Natinnal Fire Insurance Company of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
G-107426-5
a
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On September 19, 2005 before me, Janice T. Kruse,Notary Public personally appeared,
J.C. Truebridge& Ken Cox 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.
i
JANICE r.KRusE ITNESS my hand and official seal.
Commission S 1897428
Notary Public-CaNfomla
Santo Clara County
MVC0fW-E)VlMAu924.2oo4 Qn ture of Notary Public
Optional Information
Title or Type of Document: Drainage Improvement Agreement Extension -DA 00-0004
I
Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of
Shavell Industries, Inc.
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