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Home My WebLink AboutMINUTES - 02062007 - C.18 e� 1� TO: BOARD OF SUPERVISORS1A, sv ` Contra FROM: MAURICE M. SHIL PUBLIC WORKS DIRECTOR nii Costa DATE: February 6, 2007 �os� -_�?•-•rs�1�� Tq �oUK County SUBJECT: Approveing the Third Extension of the Road Improvement Agreement 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/ for Road Acceptance 02-01130 (cross-reference Subdivision 95-07976), approving the Third Extension of the Road Improvement Agreement, 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 the maintenance/warranty period and the Road Improvement Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement guaranteeing completion of the improvements will not be renewed. Continued on Attachment: ✓ SIGNATURE: ' RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE „APPROVE OTHER (a,�4_�� SIGNATURES : ACTION OF BOAR ON �'Gu�i�' O APPROVED AS RECOMMENDED OTHER VOTEF SUP SORS 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 Road.doc Originator: Public Works(ES) Contact: T.Rie(313-2363) ATTESTED: ��y � B 4; aa-DR Bond No/Date:58606848 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 Pohlson By , Deputy American Casualty Company of Reading,Pennsylvania CNA Plaza,13 South Chicago,IL 60685 Attn: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. 2007,,51{ SUBJECT: Approving the Third Extension of the Road Improvement Agreement 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 third agreement extension which extends the Road Improvement Agreement 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\130\200702-06\BO-1 I RA 02-1130 Road.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) Contact: T.Ric(313-2363) shown. Bond No/Date:58606848 cc: PublicWorks—Construction ATTESTED: Current Planning,Community Development JOHN CULLEN, Clerk of th oard of Supervisors and County T—December 25,2008 Brookfield Ambridge LLC Administrator 500 La Gonda Way,Suite 100 Danville,CA 94526 Atm:Kevin Pohlson American Casualty Company of Reading,Pennsylvania By ,Deputy CNA Plaza,13 South Chicago,IL 60685 Atm:Helen Tomlinson RESOLUTION NO.2007/ 5�0 i i CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: RA 02-01130(cross-reference SD 95-07976) Developer: Brookfield Ambridge LLC Original Agreement Date: February 25,2003 Third Extension New Termination Date: February 25,2009 Improvement Security Surety: American Casualty Company of Reading, Pennsylvania Bond No. (Date): 58606848 (January 21, 2003) Security Tyne Security Amount Cash: S 8,930.00 (1% cash, $1,000 Min.) Bond Rider: S 132,610.50 (Performance) S 446,500.00 (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 agree th=to and acknowledge same. Dated:_ D V12 FOR CONTRA COSTA COUNTY Developer's Signature(sbavid Luebkeman Maurice Shiu, Public Works Director ce President 4iFinancial Officer By: Prin ed Ad Devlop 's Si a eD J- Ryan RECOMMENDED FOR APP �_ -.. President By: Printed (Engineering a Xs inion) 500 La Gonda Way, Suite 100 Danville, CA 94526 Address American Casualty Company of Reading, Pennsylvania (NOTE: Developer's, Surety's and FYnancial Surety or Financial Institution Institution's Signatures must be Notarized.) CNA Plaza, 13 South Chica o IL 60685 FOKMArvaovrll-V;wj Wau"%Cw ,C*^W Addr S After Annroval Retnra!o Clerk errhe Board , Attorney in Facts gignature Helen Tomlinson Printed CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CO3,V-fVrn1 c�i OPTIONAL SECTION County of cora- i CoSi� CAPACITY CLAIMED BY SIGNER On 1 0- before me, \ e-6-rct-L_ Lail IThough statute does not require the Notary to fill IDATE 1�NAME,TITLE OF OFFICE E.G.,"JANE DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable to personally appeared &,Q LA w�b��W�CI Y1 A , t] 7. �G� persons relying on the document. la NAME(S)OF SIGNER(S) a ❑ ❑ INDIVIDUAL ❑0' personally known to me-OR-110 provided to me on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/are subscribed TITLE(S) to the within instrument and acknowledged to t me that he/she/they executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED DEBRA L LEVINE his+er/their authorized capacity(ies),and that by ❑ ❑ GENERAL _ COimnleslon#1419975 hisA wr/their signature(s)on the instrument the ❑ ❑ ATTORNEY-IN-FACT -d h0J1*y'P!�-CW0MIet person(s)or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) Conft Coft C*Wty -person(s)acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR &*C0.W Eq**8MaV24,2007 WITNESS my hand and official seal, ❑ ❑ OTHER: SIGNER IS REPRESENTING: SIGNATURE OF NOTARY I NAME OF PERSON(S)OR ENTITY(IES)) 00 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent 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. The name must be signed exactly as it is typed or printed. II. 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. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a 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 Mb)AnAssistant Secretary The Chief Financial Officer (d)The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a 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 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." ACKNOWLEDGEMENT OF CORPORATE SURETY To be attached to and form part of Bond No. 58606848 Province of Ontario County of Middlesex , to wit: On, December 22, 2006 before me, V/0 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: �✓l�}r 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 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 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 6th day of September,2005. GAS Continental Casualty Company 4% National Fire Insurance Company of Hartford r,0FtP0RA?$ F . .0 a American Casualty Company of Reading,Pennsylvania OU 31, SEAL zc t 1902 1897 RA e Michael Gengler —7—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 1111nole My commission Expires 311518 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,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that.the Power of Attorney herein above et forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations pr=i ,n th everse hereof*s 11 in forcq. In testimony w reof h ve hereunto subscribed my name and affixed the seal of the said corporations this day of 0YOP Continental Casualty Company National Fire Insurance Company of Hartford cORPORAT,t American Casualty Company of Reading,Pennsylvania Oq SEAL 196 JULY Z 11, la9l HAR0 Mary A.RT"-ikafjkis Assistant Secretary Form F6853-11/2001