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Home My WebLink AboutMINUTES - 04102007 - C.8 TO: BOARD OF.SUPERVISORS � Contra FROM: MAURICE M. SHN, PUBLIC WORKS DIRECTOR a n=. z Costa . DATE: April 10, 2007 - ~4 w County ST'q`COUIZ•� SUBJECT: Approve the Second Extension of the Subdivision Agreement(Right-of-Way Landscaping)for Park Acceptance 02-00011 (cross-reference Subdivision 95-07984),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 REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ for Park Acceptance 02-00011 (cross-reference Subdivision 95-07984), 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: None. BACKGROUND/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)guaranteeing completion of the improvements will not be renewed. Continued on Attachment: SIGNATURE: _,,RECOMMENDATION OF COUNTY ADMINISTRATOR _R_,,COMMENDATION OF BOARD COMMITTEE PPROVE OTHER SIGNATURES : I ACTION OF BO ON /OV O APPROVED AS RECOMMENDED OTHER VO• KbF SUPE IsoxS I hereby certify that this is a true and correct, y 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\04-10\60-I 1 PA 02-001 l.doc Originator: Public Works(ES) r9 Contact: T.Rie(313-2363) Bond No/Date:190775327(December 19,2002) ATTESTED: Ia JZ cc: Current Planning,Community Development —�-- T—February 1,2009 JOHN CULLEN, Clerk of the Board of Shapell Industries of Northern California 100 N.Milpitas Blvd Supervisors and County Administrator Milpitas,CA 95035 Attn:Sam Worden National Fire Insurance Company of Hartford 2355 E.Camelback Road,suite 500 Phoenix,AZ 85016 By , Deputy Attn:Pamela L.Stocks , THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 10, 2007 by the following vote: AYES: GIOIA,UILKENIA, GLOVER AND PIEPHO NOES: NONE ABSENT: SUPERVISOR BONILLA ABSTAIN: NONE RESOLUTION NO. 2007/ SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping)for Park Acceptance 02-00011 (cross-reference Subdivision 95-07984), 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 Park Acceptance 02-00011 (cross- reference Subdivision 95-07984),in the San Ramon(Dougherty Valley)area,through April 1,2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% i ANTICIPATED DATE OF COMPLETION: October 2007 ♦ REASON FOR EXTENSION: Warranty/maintenance period has not been completed. 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\60\2007\04-10\130-11 PA 02-061I.doc and entered on the minutes of the Board of Supervisors on.the date Originator: Public Works(ES) shown. Contact: T.Rie(313-2363) i Bond No/Date:190775327(December 19,2002) ATTESTED: i0 cc: Current Planning,Conummity Development JOHN CLJLLEN, Clerk of the Board of Supervisors and County T—February 1,2009 Shapell Industries of Northem California Administrator 100 N.Milpitas Blvd Milpitas,CA 95035 Attn:Sam Worden National Fire Insurance Company of Hartford By , Deputy 2355 E.Camelback Road,suite 500 Phoenix,AZ 85016 Atm:Pamela L.Stocks RESOLUTION NO.2007/ /�Iy CONTRA COSTA COUNTY SUBDIVISION AGREEMENT (RIGHT-OF-WAY LANDSCAPING) EXTENSION Development Ntuluber: PA 02-00011 (cross-reference SD 95-07984) Developer: Shapell Industries of Northern California,a Division of Shapell Industries, Inc. a Delaware Corp. Original Agreement Date: April 1,2003 Second Extension New Termination Dite: April 1.,2009 1 Improvement Security Stlrety: National Fire lnstu•ancc Company of I lartford Bond No. (Date): 190775327 (Decen2ber 19,2002) Security Tvpe Security Amount Cash: $5,500.00 0% cash,51,000 llin.) Bond Rider: S 81,930.00 (Performance) S 275,850.00 (Labor & Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa Count)'. and said Surety hereby agree theret and cknowledge same. Dated: Dated: M rch 8'12007 FOR CONTRA COS'T'A COUN'ry Devel per's Signatures) Mam �c Art. Shiu,Public NA'o k hector �[ Y: PtiI.t'ed� �Q' �eloper's Signature(s) RECOMA1ENDED.FO.R A.PP L: M (3V/� By: Printed (EnglneCi'1I1 'VlC (w .ion) 100 N.Milpitas Blvd.,Milpitas, CA 95035 Address -- National Fire Insurance Company of Hartford OV07B: Develope)-% Surety's and Kiiancial Surety or Financial Institution. In tittttivit.v Signatures crust be Notarized.) 23 Camelback Road, Suite 500',Phoenix,AZ 85016 Address :( rcr:t>rrnrnf Rrrnru!n Clrrk n tkc Ilnrtrd � �,��`�� - r AAttorney in Facts Signature Pamela L. Stocks,Attorney-in-Fact Printed CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On March 15, 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. WITNESS my hand and official seal. lANICE I KRUSE Commission#1597426 .m Notary Public-California Santa Clara County Sign ure of Notary Public My Comm.Expires Aug 24,2009 Optional Information Title or Type of Document: Subdivision Agreement Landscaping PA02-00011 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries, Inc. C 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. GAS U.q�T %NSUR Continental Casualty Company qi'' °` National Fire Insurance Company of Hartford F 00gPORATp ( SEAL �waoaPoaalFn American Casualty Company of Reading,Pennsylvania Ou JULY 31. 1997 HARD • 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. j "OFFICIAL SEAL' MARIA M.MEDINA ; Notary Peak,Stand alit115 • 1 `-W V".✓ — MV Commiuic, taftExpires 3/1610Y 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 8th day of Maxch 2��7 GAS llq�T tNsuR4 r pf Continental Casualty Company National Fire Insurance Company of Hartford ZW Cor+PaurratarFo American Casualty Company of Reading,Pennsylvania s JULY 11, o� SEAL • 1997 a� MAR�� • Mary A.R[bikaj@kis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On March 8, 2007 before me, Gina O'Shea-Notary Public nate 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/*m subscribed to the within instrument and acknowledged to me that he/she/ttft executed the same in phis/her/ftsir authorized capacity0w), and that by kwher/wm* signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. G I NA G' I-I EA WITNESS my hand and official seal. GINA _ ^ COMM. 1469157 �I*My. NOTARY PUBLIC-CALIFORNIA p CJ ��es "SIGNATURE OF NOTARY 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 (-2(—) 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 SIGNERS) OTHER THAN NAMED ABOVE G-107428.8