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Home My WebLink AboutMINUTES - 03062007 - C.14 TO: BOARD OF SUPERVISORS Contra FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTORCostaQ , 1q DATE: March 6, 2007 ; 'sr� co `' - P County . uKr�' SUBJECT: Approve the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 01-08564,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 III) SPECIFIC REQUEN-1-(S)OR RECOMNIENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ for Subdivision 01-08564, approving the Second 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., a Delaware Corp., San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: r"ione. IIACKGROUND/REASON(S) .FOR RECOMMENDATION(S): 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) will not be renewed. Continued on Attachment:;/ SIGNATURE: ECONINIENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE THER r' SIGNATURE(S): ■ ACTION OF BO D N 114APPROVED AS RECOMMENDED OTHER I'E Or SUI ER sorts �� I hereby certify that this is a true and correct _ UNANIMOUS(ABSENT /"I' "y ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: LB:�,Z date shown. Ci\.EngSvc\BO\2007`•,03-06\BO-11 SD 01-8564.doc Originator: Public Works(ES) Contact: T. 1 (313-2363) ATTESTED: /V wrin-4 o � ;;:F- ee: No/Date:1907752994(Ucccmbcr 19,2002) a Current Planning,Community Development JOHN CULLEN, Clerk of the Board of T—January 4,2009 Supervisors and County Administrator Shapell Industries of Northcm California 100 N.Milpitas Bhd Milpitas,CA 95035 Attn:Sam Warden and J.Gold National Fire Insurance Company of I lartl'ord By , Deputy 2355 E.Cantelback Road,Suite 500 Phoenix.A! 85016 Amt:Gina O'Shea THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 6, 2007 by the following vote: AYES: Gioia, Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/ �o?✓ SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 01-08564, 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 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 Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp. and the County for construction of certain improvements in Subdivision 01-08564,in the San Ramon (Dougherty Valley) area, through March 4, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: May 2007 ♦ REASON FOR EXTENSION: warranty/maintenance period not completed IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LB:vz G:\EngSvc\60\2007\03-06\130-11 SD 01-8564.doc I hereby certify that this is a true and correct copy of an action taken Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contact: T.Rie(313-2363) shown. Bond No/Date:190775294(December 19,2002) cc: Current Planning,Community Development ATTESTED: T—January 4,2009 Shapell Industries of Northern California JOHN CULLEN, Clerk of the Board of Supervisors and County 100 N.Milpitas 131vd Administrator Milpitas,CA 95035 Alln:San Worden and J.Gold National Fire Insurance Company of Hartford 2355 E.Camelback Road.Suite 500 Phoenix,A7 85016 By /�- , Deputy Attn:Gina O'Shea RESOLUTION NO.2007/ �'2� CONTRA COSTA COUNTY SUBDIVISJON AGRE�EAIEN'I' (R.[G:[iT'-OF-NN/AY LANDSCAPI-NG) Ex'rENSION ............... Development Nunibei-: SD 01-08564 Developer: Shapell Industries of Northern Calffoi-nia,a Division 01' ShapCII JJICILIStHC�.S, Delaware Corp. Ori-incl Agreement Date: Alarch 4,2003 Second Extension New Termination Date: Mai-ch 4,2009 Improvement Security Surety: National Fh-chisurance Company ol'Flard'ord Bond No. (Date): 1.90775294 (December 19,2002) Security Type Security Amount Cash: $5,100-00 (1% cash, $1,000-IN1111.) Bond Rider: S 76,155.00 (Performance) $2-96,400.00(Lal)or-& Ahlei-ial) ............................................ The Developer and the Surety desire this Agreement to be extended th]-OLIg11 the above date;and Contra Costa COL11-Ity and said Surety hereby ag-ee thereto 4nd acknowledge same. Dated: /A Dated:/)j JAnuary 22, 2007 L/ FOR CONTRA COSTA COUNTY ev loper's Signature(s) 1\4aUrice.M. Shiu, Public Wo ks Dir for 14CA% By: P� Print -s ny 'e(S 6e per's Sigiiawl R-ECO.MIMENDED FOR',APPIR AL: C)l By: Printed ices l)iN'Isj -ing " I I (Engineering Ices 1)*Vjs,oll) 1.00 N. Milpitas Blvd., Milpitas, CA 95035 Address National Fire Insurance Company of Hartford OVOTE,7: Developer's, Surety's and financial SLII-e1V or Financial Institution Institution's Signatures must be Notai-iZed.) 2355 E. Camelback Road, Suite 500, Phoenix,AZ 85016 it ur�rvvfd Refury to Clefh of the Board Attorney in Facts Signature Gina O'Shea, Attorney-in-Fact Printed `/;�.\;:.'.::�/\/,,�.�v`..'��/..�/ .'�'..'..: .'V/'.'✓,;.:vim:.'::'."/ . ✓ \ .'•\' .. \! \. 1...':.`l .` v�.../..v i j -Y I.' r� CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT ;z 1: 1 State of California �l z< County of Santa Clara On January 24,2007, 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. l< r' JANICE L KRUSE Commission# 1597428 WITNESS my hand and official seal. -® Notary Public-California ; \ ' Santa Clara County _ .; My Comm.Expires Aug 24,2009 - - -- �`____ Signature of Notary Public Z Optional Information `> Title or Type of Document: Subdivision Agreement Extension - Landscaping- SDO1-08564 1. v C� Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries, Inc. r `< 1' %i r� jl �J State of California County of Los Angeles On January 22_2007 before me, Sandy Hanner-Notary Public Oate. NAME. TITLE OF OFFICER., 'JANE OOE. NOTARY PUBLIC' personalty appeared Gina O'Shea NAME(S) OF SIGNER($) (x) personally known to me - OR - (_.__j proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/se subscribed to the within instrument and acknowledged to me that hoe/she/VM executed the same inks/her/tt,UW authorized capacity(iss), and that by lairs/her/t+twr signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES my hand art ial seal. i HANNER Commission# 1672602 f .� Notary Public .Callfornio _ SIGNATURE OF NOTARY Los ArQeles County My Comm,Expires,lul 2,2010 OPTIONAL Though the data below is not required by law, it may prove valuable to persons retying 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) N,gtinna! Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G•107426.8 • 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 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 CNACompanies 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. GAS VA�T tNSURq & Continental Casualty Company �� °` National Fire Insurance Company of Hartford Z C0RP0AArEAA '�'��c�►a+arro -� American Casualty Company of Reading, Pennsylvania O • 2 s S JULY 71. U SEAL. 1897 MANS 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.MEDINA • y Co Public,StsExO of 115M i My Comminia�Espitl 3I16r0i 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 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 22nd day of January , 2007 GAS ug4r %14SUR4Continental Casualty Company National Fire Insurance Company of Hartford cORPORArE American Casualty Company of Reading,Pennsylvania h- • OiJ SEALd Ju'� I. 9112 s • 1897 MARS Mary A.Rikajokis Assistant Secretary Form F6853-11/2001 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 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 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 anytime,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 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 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 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 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 Company ata 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 By-Law duly adopted by the Board of Directors of the Company. "Article VII—Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors, the President of any Executive or Senior 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 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 Chairman of the Board of Directors, the President or any Executive,Senior 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 Company 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, 1993 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."