The URL can be used to link to this page

Home My WebLink AboutMINUTES - 02062007 - C.17 1 -7 TO: BOARD OF SUPERVISORS - �.._ _ FContra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ni Costa DATE: February 6, 2007 County SUBJECT:T: Approves the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 02-01130(cross-reference Subdivision 95-07976),for project being developed by Brookfield Ambridge LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ .55 for Road Acceptance 02-01130 (cross-reference Subdivision 95-07976), approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping), for project being developed by Brookfield Ambridge LLC, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer has not completed he maintenance/warranty period and the Subdivision Agreement(Right-of-Way Landscaping) has expired. CONSEQUENCES OF NEGATIVE ACTION: The S" bdivision Agreement(Right-of-Way Landscaping)guaranteeing completion of the improvements will not be renewed. Continued on Attachment: ✓ SIGNATURE: _COMMENDATION OF COUNTY ADMINISTRATOR �RECOMMENDATION OF BOARD COMMITTEE HYPROVE THER SIGNATURES ACTION OF BOAR ON WO APPROVED AS RECOMMENDED OTHER VOX OF SUPERVISORS I hereby certify that this is a true and correct 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-1 I RA 02-1130 Landscape.doc Originator: Public Works(ES) Contact: T.Ric(313-2363) ATTESTED:/ hy",a,y 4V Z,0 —, Bond No/Date:58608915(January 27,2003) JOHN CULLEN, Clerk o e Board of cc: Public Works—Construction Current Planning,Community Development Supervisors and County Administrator T—December 25,2008 Brookfield Ambridge LLC 500 La Gonda Way,Suite 100 Danville,CA 94526 Attn:Kevin Polllson By , Deputy American Casualty Company of Reading,Pennsylvania If CNA Plaza,13 South Chicago,IL 60685 Atm:Helen Tomlinson THE BOARD OF SUPERVISORS 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. 200745� SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 02-01130 (cross-reference Subdivision 95- 07976), for project being developed by Brookfield Ambridge LLC, 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 Subdivision Agreement (Right-of-Way Landscaping) between Brookfield Ambridge LLC and the County for construction of certain improvements in Road Acceptance 02-01130(cross-reference Subdivision 95-07976),in the San Ramon(Dougherty Valley) area, through February 25, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: June 2007 ♦ REASON FOR EXTENSION: The maintenance/warranty 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\60-11 RA 02-1130 Landscape.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) Contact: T.Rie(313-2363) shown. Bond No/Date:58608915(January 27,2003) cc: Public Works—Construction ATTESTED: Current Planning,Community Development JOHN CULLEN, Clerk of the and of Supervisors and County T—December 25,2008 Brookfield Ambridge LLC Administrator 500 La Gonda Way,Suite 100 Danville,CA 94526 Attn:Kevin Pohlson American Casualty Company of Reading,Pennsylvania B Deputy CNA Plaza,13 South y i ' p y Chicago,IL 60685 Atm:Helen Tomlinson RESOLUTION NO.2007/ 5� CONTRA COSTA COUNTY SUBDIVISION AGREEMENT (RIGHT-OF-WAY LANDSCAPING) EXTENSION Development Number: RA 02-01130 (cross-reference SD 95-07976) Developer: Brookfield Ambridge LLC Original Agreement Date: )lebrunry 25, 2003 Second Extension New Termination Date: February 25,t"S—ZC0 Improvement Security Surety: Anterican Casualty Company or Readirrg, Pennsylvania Bond No. (Date): 58608915 (January 27,2003) -S -itv Tvpe Security Amount Caxh: $ 1,100.00 (1% cash,$1,000 Min.) Bond Rider:. 5.16,155.00 (Performance) 5 54,400.00 (Labor & Material) The Developer and the Surety desire this Agreement to be extended through the above(lute,and Contra Costa CoLinry and said Surety hereby agree thereto and acknowledge same_ �'? Dated: Dot I-Oft CONTRA COSTA COUNTY evcloper's Sib►naita nlLuebkeman Maurice M SI 'ublic Works Director Vice Pre ' nt Chief Fina I Officer By: Printed Declop is Sina r RECOMMI?NDED FOR APPR J h �. Ryan g �ident By: Printed (Cngineering et ices i NY,SI ) Brookfield Ambridge LLC 500 TaGonea Way. Ste 100 Danville CA 94526 Address American Casualty Company of Reading, Pennsylvania (NO'T'E: Developer's, Surety's and Financial Surety or Financial Institution frislitu o/r'.+•Signatro'ex must be Nerarired.) CNA Plaza, 13 South Chicago, L 60685 Al 4 A-1 After./)jwft t/lh•mro uj Clrrlt o/'rhe Rorl ACtomey ill Facts slgn8tul'C Helen Tomlinson . Printed L` CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CeA,X16►/1lCn OPTIONAL SECTION CtnUztyof rR),n+Y7e C<X*451 CAPACITY CLAIMED BY SIGNER On I 1 0---+ before me, �' �� Thoogi,statutetioes riot require tile Notary to till NAME,TITLE OP 0IT11:(i t r-O.,"JANE DOG NOTARY PUBLIC" 111 the llilta below,doing so play prove Invaluable L] � c�aVly1 .l} it)persons retying nal tlLc tloennlent. personally appearod /J� � ��Q-� ❑ INDIVIDUAL G3 I>ersonafly known to tiie-OR- ❑ provided to me on the basis of satisfactory evidence to ❑ CORPORATE OPPIC[-R(S) be the person(s)whose tlamc(s)is/are suhscribed L'LTt_E{sl to the within instrument and acknowledhed to DEBRA L LEVINE tile that hethey executed the same in ❑ PARTNER(S) ❑ LIMITED_ Comms#1414475 ��/their ir auauthorized caiacity(ies),and that by ❑ GENERAL his4aer/their signatures)on the instrument the ❑ ATTORNEY-IN-FACT M Notary PUbk-Cclltomla person(s)or the enlity upon behalf of which the ❑ TRUSTEE(S) Contra Coda County — person(s)acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR IWC6r=.Ef0wMoy24,2007 ❑ OTHER: WI"fNESS my han 1 and o'licial seal, �� SIGNER IS REPRESENTING: SL<iNA'rt3it6 f1F N(YrAtTY 1 NAW t3P PERSON(S)OR tiNTITY{i6S}; ❑ acknowledged to tile that such corporation cxecatcd the within instlmlent pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS Cl-iRTIFICAT17 MUST 13TH ATTACIIED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Thoogh the adjacent data is not require(t by law,it may,prove valuable Date of t)cx;Ument to persons relying on the(IoCUillent and could prevent fialulUlent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. Tile name Must be signed exactly as it is typed or printed. 11. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated, III. SIGNAT'URES I--OI.t PARTNERSHIPS-Signingpartymustbeeithera general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board (b)The President (c)Any Vice-President GROUP 2. (a)The Secretary (b)An Assistant Secretary (c)The Chief Financial Officer (d)The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on tine instrument,a certified copy of resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power,of attorney, notarized, will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and aclanowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." Yt h ACKNOWLEDGEMENT OF CORPORATE SURETY To be attached to and form part of Bond No. 58608915 Province of Ontario County of Middlesex , to wit: On, December 19, 2006 before me, ��//(/J �✓� Notary Public, personally appeared, Helen Tomlinson , Attorney-in-Fact for American Casualty Company of Reading, Pennsylvania, personally known to me to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person(s) acted, executed the instrument. WITNESS my hand and seal. Signature Notary Public My Commission Expires: This area for official seal 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 David Slade,Joan Cummings,Helen Tomlinson,Individually IG of London,ON,their true and lawful Attorneys)-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 saidAttorney,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 Wiliness 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 6th day of September,2005. r,AS, 04SUR4 Continental Casualty Company National Fire Insurance Company of Hartford %*tw 1-to a American Casualty Company of Reading,Pennsylvania a JULY 71, SEAL Michael Gengler Sen' r'Vice'President State of Illinois,County of Cook,ss: On this 6th day of September,2005,before me personally came Michael Gengler 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,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" MARIA M.MEDINA ♦ Notary Public,State of Illincis 0 My commission Expires 3/1 sms My Commission Expires March 15,2009 Maria M.Medina Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,11 a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of AttQmey herein abovq set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations pri to on dt�reverse herej In testimony re f ve hereunto subscribed my name and affixed the seal of the said corporations this 2n I day of t"SUPAZ - Continental Casualty Company e0 National Fire Insurance Company of Hartford c' 0001090c,, American Casualty Company of Reading,Pennsylvania JULY 31, 11SEAL HA Mary A.Rikafjkis Assistant Secretary Form F6853-11/2001