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HomeMy WebLinkAboutMINUTES - 05232006 - C.9 TO: BOARD OF SUPERVISORS sEtiL,=�� Contra %-� _ FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTORC o Sta DATE: May 23, 2006 ����� y County `TTA COUN"� SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 06-00035 (cross- reference Subdivision 05-08955), South Pocket Park Summerlake Phase II, Oakley area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S)- ADOPT Resolution No. 2006/3/02 for PA 06-00035 (cross-reference Subdivision 05-08955), South Pocket Park Summerlake Phase II, approving Subdivision Agreement (Right of Way Landscaping), for project being developed by Shea Homes Limited Partnership, a California Limited Partnership, Oakley area. (District V) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The landscape plans for PA 06-00035 have been reviewed and processed by Public Works staff and meet all applicable conditions of approval for SD 05-08955 regarding landscape improvements. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right of Way Landscaping)will not be approved. Continued on Attachment: i% SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE .-*PPROVE /--OTHER SIGNATURES ACTION OF BO ON APPROVED AS RECOMMENDED OTHER VO E OF SUPER ISORS UNANIMOUS(ABSENT 1/0 77v 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. Z:\GrpData\EngSvc\BO\2006\05-23\PA 06-00035 BO-16.doc SG:kg Originator: Public Works(ES) Contact: S.Gospodchikov(313-2316) ATTESTED: u cc: Public Works- Bell,Construction JOHN CULLEN ark of the Board of D.Brockbank,Community Development , T—March 23,2008(P1) Supervisors and County Administrator Shea Homes Limited Partnership 2580 Shea Center Drive Livermore,CA 94550 Blake Reinhardt Arch Insurance Company By , Deputy' 136 N.Los Robles Ave.,#825 Pasadena,CA 91101 ATTN: Victoria M.Campbell ***EXECUTED IN DUPLICATE*** PPA 6(x(700 X—� , - SD o.5b 8955 Bond No.: SU5020146 Premium: $2,767 . Any claim under this Bond should be sent to the followi address: Arch Insurance Company 135 N. Los Robles #825 Pasadena, CA 1:: STATE OF CALIFORNIA) COUNTY OF ALAMEDA}ss. On April 19, 2006 , before me, Laurel Wilson,Notary Public, personally appeared Shelley Galvin and Donald A.Hofer ,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/tom executed the same in his/her/their authorized capacity(Lies), and that by his/her/their signatures) on the instrument the person(i), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. L. WILSON Q # 1468544 NOT ROY PUBLIC-CALIFORNIA ALAMEDA COUNTY () Signature: COMM.EXP.MARCH 4,2008 OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Document Title/Type Improvement Security Bond for Subdivision Agreement Document Date: Number of Pages 1 Signer(s)Other Than Named Above: Arch Insurance Company Capacity(ies) Claimed by Signer(s) Signer's Name: Shelley Galvin&Donald A.Hofer • Individual Top of Thumb Here X Corporate Officers- Title(s): Authorized Agent _ Partner: Limited _General _ Attorney-in-Fact _ Trustee Guardian or Conservator Other: Signer is Representing: Shea Homes Limited Partnership STATE OF CALIFORNIA SS. COUNTY OF ORANGE On APRIL 18,2006 before me, MARIA LUISA R.AGUINALDO, NOTARY PUBLIC PERSONALLY APPEARED VICTORIA M.CAMPBELL personally known to nre(or proved to me on of satisfactory evidence)to be the person(s)whose name( is/a e scribed to the within instrum and acknowledged to me that e. uteri the same in h s/her/t eir authorized capacity(ies),an t urt by hi er heir signature(s) e instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. MARIA LUISAR.AGUINALDO oC COMM.01406174 C WITNESS my,hand and official seal. Q NOTARY� My COUNTY Corrin.Exp.March 18, 1007 Signature This area for Official Notarial Seal 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 BOND TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ARCH INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT a y POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred..to as the"Company")does hereby appoint Noemi Quiroz and Michael R. Szot of Los Angeles, CA(EACH) Edward N. Hackett, Victoria M. Campbell and Maria Luisa Aguinaldo of Santa Ana, CA(EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of.credit This authority does not permit the same obligation to be split into two or more bondsin order to bring each such bond within the dollar limit of authority asset forth herein.: The Company may revoke this appointment at any time. The execution of,:such bonds and "undertakings in pursuance of.these pre"sents shall be as binding upon the said Company as fully and_amply to ali infents and purposes, as if the:same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,.,MisSo This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March,3,' 2003, true and accurate copies of which are hereinafter set forth and are hereby.certified to by the undersigned Secretary as being in full force and effect:. "VOTED, That the Chairman of the Board, the President,'or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is'signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3,.2003: VOTED, That the signature of the Chairman 'of the Board; the President,'or any Vice President, or their appointees designated in writing and filed with the Secretary,'and the signature of the'Secretary, the seal of the Company, and certifications by the Secretary, may be affixedrn by: on.any power of attoey,or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so-executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, tha Com.p,ny has causcu this Instiuiment to'Da signed and its corporate seal to be affixed by their authorized officers, this,17th day of Jan , 20 06 Arch Insurance Company Attested and Certified once C� .� CORPORATE Martin J. Nilsen ecretary Edward M.Titus ice President STATE OF NEW YORK S5 COUNTY OF NEW YORK SS I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a Corporation organized and existing under the the 'of the State of Missouri,'subscribed to the foregoing instrument; appeared before me this day in person and severally acknowledged that they being thereunto duly'authorized signed, sealed with the corporate seal and delivered the said instrument as the free voluntary act said corporation and as their own free and voluntary acts for the uses and purposes therein set forth' PETER I CALLEO,ESO. Notary Public,,State of New York No.02CA6109336.: Qz lified in New York County Pe r J. INotaryublic Commission Expires may 3,2008 My commiss expires 5-03-2008 CERTIFICATION I, Martin J. Nilsen, Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who executed the,Power of Attorney as-Vice President, was on the date of execution of the attached Power of Attorney thei.duly elected Vice President of the Arch Insurance Company. . Subscribed , , name and,affi d the corporat se I of the Arch Insurance IN TESTIMONY+nru�lacnc.I have hereunto s:.�hgr a ;Y,,; Company on this 18th day of-_ April . 20 06: _ Martin.J. Nils. Secretary This Power,of Attorney limits the,acts of those named:therein-to the bonds and.undertakings specifically named therein and they have,no authority to bind the Company except,in the manner and to the extent herein stated: PLEASE SEND ALL CLAIM INQUIRIE. S RELATING TO THIS BOND TO THE FOLLOWING.ADDRESS: Arch Contractors& Developers:Group ' 135 N. Robles Ave,;Ste.825 Pasadena,CA 91101 rg ance 0A CORPORATE 74 - s� C ivn OOMi_0013 00 03 031. kissosd Page 2 of 2 Printed in U.S.A.