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Home My WebLink AboutMINUTES - 02062007 - C.14 � � TO: BOARD OF SUPERVISORS :`t�-- �—��' Cont a- FROM: MAURICE M. SHN, PUBLIC WORKS DIRECTOR � _ aN�9�-,�"' ;z Costa. DATE: February 6, 2007 County court SUBJECT: Approvi g the Third Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Drainage Acceptance 02-00016(cross-reference Subdivision 95-07984),for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ x"02 for Drainage Acceptance 02-00016(cross-reference Subdivision 95-07984), approving the Third Extension of the Subdivision Agreement (Right-of-Way Landscaping), for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATIONN: The developer has not completed the warranty/maintenance period and the Subdivision Agreement(Right-of-Way Landscaping) has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right-of-Way Landscaping)guaranteeing completion of the improvements will not be renewed. Continued on Attachment: •—'_ SIGNATURE: eit/�'li ..RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ..-APPROVE OTHER SIGNATURES : ,' ACTION OF B A ON �;;r APPROVED AS RECOMMENDED OTHER VOT F SUPERVISORS I hereby certify that this is a true and correct 10 UNANIMOUS(ABSENT copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LB:vz G:\EngSvc\BO\2007\02-06\BO-11 DA 02-0016.doc Originator: Public Works(ES) Contact: T.Rie(313-2363) / �7 Bond No/Date:929248000(August 23,2002) ATTESTED: cc: Public Works-Construction JOHN CULLEN, Clerk ofBoard of Current Planning,Community Development T-February 1,2008 Supervisors and County Administrator Shapell Industries of Northern California 100 N.Milpitas Blvd Milpitas,CA 95035 Attn:S.Worden National Fire Insurance Company of Hartford By , Deputy 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela L.Stocks THE BOARD OF SLPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 6, 2007 by the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007K5'a/ SUBJECT: Approving the Third Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Drainage Acceptance 02-00016 (cross-reference Subdivision 95- 07984), for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon (Dougherty Valley) area. (District III) 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, a Division of Shapell Industries, Inc. and the County for construction of certain improvements in Drainage Acceptance 02-00016(cross-reference Subdivision 95-07984), in the San Ramon(Dougherty Valley) area, through April 1, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: June 2007 o REASON FOR EXTENSION: The warranty/maintenance period is not complete IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LB:vz I hereby certify that this is a true and correct copy of an action taken G:\EngSvc\BO\2007\02-06\BO-11 DA 02-0016.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: T.Ric(313-2363) Bond No/Date:929248000(August 23,2002) ATTESTED: cc: Public Works—Construction JOHN CULLEN, Clerk o e Board of Supervisors and County Current Planning,Community Development T—February 1,2008 Administrator Shapell Industries of Northent California 100 N.Milpitas Blvd Milpitas,CA 95035 Attn:S.Worden By ,Deputy National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Atm:Pamela L.Stocks r� RESOLUTION NO.2007/ V CONTRA COSTA COUNTY SUBDI.VISON AGREEMENT (RIGHT-OF-WAY LANDSCAPING) EXTENSION Development Number: DA 02-00016(cross-reference SD 95-07984) Developer: Shapell Industries of Nortliern California,a Division of Shapell Industries,Inc. Original Agreement Date: April 1, 2003 Third Extension New Termination Date: April 1, 2008 Improvement Security Surety: National Tire Insurance Company of Hartford Bond No. (Date): 929248000 (August 23,2002) Security Tvpe Security Amount Cash: $3,300.00 (1`%, cash,$1,000 Min.) [fond 12ider: $49,455.00 (Performance) $ 166,500.00 (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 agre tl td ac lanowledge same. Dated: Dated: Deepmber 28, 2006 L 115-1 FOR CONTRA COSTA COUNTY Devel )er's ignaturc(s) Maurice Shiu Public Works Director f{ By: Prii ed Dei Toper's S zatine(s) RECOMMENDED FOR APP VAL: file By: Printed (Engineerirgel-viles-N—ivisi 011) 100 N. Milpitas Blvd., Milpitas, CA 95035 Address National Fire Insurance Company of Hartford (.NOTE: Dewloj)e.!"'S, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 2355 E. Camelback Road, Suite 500, Phoenix,AZ 85016 JIMM\PPROVED Vir¢u,.,cc<unan.cbnmv Cuiwscl - - - ddre After Approval kemra to Oerk of Me hoard Attorney in Pacts Signature Pamela L. Stocks Printed �i CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On January 2,2007,before me, Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Ken Cox 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. JANICE L KRUSE WITNESS my hand and official seal. 0,YCommission# 1597428 Notary Public California Santa Clara County comm.Expires Aug 24,2009 Sig ature of Notary Public Optional Information Title or Type of Document: Subdivision Agreement Extension - DA 02-00016 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries,Inc. 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,an Illinois 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 Hanner,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 15th day of August,2006. CASt1q %NSUR4Continental Casualty Company National Fire Insurance Company of Hartford CORPORATE C, �NGa+4rFo American Casualty Company of Reading,Pennsylvania s JULY 71. Oi) SEAL. 1897 MAR Thomas P. Stillman Senior Vice President State of Illinois,County 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 sworn,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,an Illinois 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' • MARIA M.MEDW ' �'•f (`/'w� (`ywyL � My Cooimission 6tpirN 3115109 . • 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 print2 onpe reverse hereof iisstill in force.eC ember In testimony wZ7,u fl have hereunto subscribed my name and affixed the seal of the said corporations this 2255 t YY1l day of LL UU bb r,AS %ASURqContinental Casualty Company National Fire Insurance Company of Hartford iW CORPORATE . g�w�°I"OsarFc American Casualty Company of Reading,Pennsylvania s IDLY II, OJ SEAL � � • �� ). 1897 HARD Mary A.qikafjkis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On December 28, 2006 before me, Sandy Hanner- Notary Public Oats NAME. TITLE OF OFFICER„ JANE OOE. 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(s) is/aa subscribed to the within instrument and acknowledged to me that he/she/fes executed the same in itis/her/Asir authorized capacity0es), and that by kwher/tt** signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. WWY M WITNE my hand and official seal. lZmCommholon N 1672602 Notary Pubbc -CaufOM Loa Angeles County SIGN TURE OF NOTARY hAy Cortin Jul 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 ( x ATTORNEY-IN-FACT (_) TRUSTEE(S) (—) GUARDIAN/CONSERVATOR (_) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE (3•107426.8