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HomeMy WebLinkAboutMINUTES - 06172008 - C.9 r ��= °� TO: BOARD OF SUPERVISORS -= �'�•.•, Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa o: ini,�A z DATE: June 17, 2008 �4 County SUBJECT: Approve the second Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 02-01138 (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. 2008/ 3 9/ for Subdivision Agreement (Right-of-Way Landscaping) Road Acceptance 02-01138 (cross-reference Subdivision 95-07984), approving the second Extension of the Road Improvement Agreement, 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) ,s FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The project has not been completed,.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: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ,4PPROVE OTHER e SIGNATURES ACTION OF BO R ON -'Iti r..e_ /7 .4�Iof{ APPROVED AS RECOMMENDED O ER VOT)v 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. DSJc G:\EngSv6Fomns1BO WORD\BO-11 FORM.docx Originator: Public Works(ES) ATTESTED: Contact: T.Rie 313-236363 Bond No./Date:929 3 W ce: Public Worrksks—Construction JOHN CULLEN�of the Board of Caren Planning,Community Development T-March 10,2009 Supervisors and County Administrator Shapell Industries of Northern California Attn:Sam Wordengim Gold 100 N.Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance Company of Hartford - Attn Pamela L.Stocks By , Deputy 2355 E Camelback Rd,Ste 500 Phoenix,AZ 85016 lam/ THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 17, 2008 by the following vote: AYES: GIOIA,UILKEMA,PIEPHO,BONILLA&GLOVER l NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2008/3F/ SUBJECT: Approving the second Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 02-01138 (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 Road 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 Road Acceptance 02-01138 (cross-reference Subdivision 95-07984), in the San Ramon (Dougherty Valley) area, through April 19, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 60% ♦ ANTICIPATED DATE OF COMPLETION: June 2008 ♦ REASON FOR EXTENSION: The project has not been completed, and the Subdivision Agreement has expired. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. DSjc I hereby certify that this is a true and correct copy of an action taken G:\Engsvc\Forms\BO WORD\130-11 FORM.docx 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:929 348 471 cc: Public Works—Construction ` Q Current Planning,Community Development ATTESTED: ( � ' b o T-March 2009 JOHN CULLEN, Clerk of the Board. of Supervisors and County Shapell industries ofNorthem California Ann:Sam Worden/Jim Gold Administrator 100 N.Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance Company of Hartford Attn Pamela L.Stocks 2355 E Camelback Rd,Ste 500 By ,Deputy Phoenix,AZ 85016 RESOLUTION NO.2008/ 9� CONTRA COSTA COUNTY SUBDIVISION AGREEMENT(RIGHT-OF-WAY LANDSCAPING) EXTENSION Development Number: RA 02-01138(cross-reference SD 95-07984) Developer: Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp. Original Agreement Date: April 19, 2005 Second Extension New Termination Date-April 19, 2009 Improvement Security Surety National Fire Insurance Company of Hartford Bond No. (Date): r 929 348 471(November 1, 2004) Security Type Security Amount Cash: $ 1,000.00(1% cash, $1,000 Min.) Bond: $ 60,200.00(Performance) $ 30,600.00(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 thereto and acknowledge same. Dated: Dated: March 31, 2008 FOR CONTRA COSTA COUNTY er's Signature aucicMSlz- Public Works Director By: Prin 4q4k?W D v oper's Signature ) RECOMMENDED FOR APPROVA ' Coo 1,A-C -A._j+ yr By: Printed !A �t (Engineerin e i es i 100 N. Milpitas Blvd., Milpitas, CA 95035 Address (NOTE.• Developer's, Surety's and Financia/ Institution's Signatures must be Notarized.) National Fire Insurance Company of Hartford Surety or Financial Institution FORM APPROVED: Victor I Westman, County Counsel 2325 E-Camelback Road, Suite 500, Phoenix,AZ 85016 Address- � After Amnroval Return to Clerk of the Board Attorney in Facts/Signature Pamela L.Stocks,Attorney-in-Fact Printed CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On March 31, 2008 before me, Beverly A. Hall, Notary Public Date Here Insert Name and Title of the Officer personally appeared Pamela L. Stocks Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(x) whose name(sr) is/AM subscribed to the within instrument and acknowledged to me that K*/she/CkWexecuted the same in IWher/t yatK authorized capacity, and that by Wher/#t *signature(u) on the instrument the person(z), or the entity upon behalf of BEVERLY A. HALL which the person(a) acted, executed the instrument. commhwon• 1717"9 Notary Public-Canto"" I certify under PENALTY OF PERJURY under the laws Los AnaeW COQ of the State of California that the foregoing paragraph is lima true and correct. WITNESS my and official seal Notary Seal Signature Sig re o Notary Public CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On April 3,2008, before me, Janice:T. Kruse,Notary Public personally appeared Robert D. Moore and Samuel S. Worden who proved to me on the basis of satisfactory evidence to be the persons whose names 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 person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JANICE T.KRUSE WITNESS my hand and official seal. w Commission# 1547428 Notary Public-California ' Santa Clara County My Comm.Expires Aug 24,200 !� Signatuie of Notary Public Optional Information Title or Type of Document: Subdivision Agreement Improvement Bond Extension RA-02-01138 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries,Inc.. Effective 1/1/08 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 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 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 attomey-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`"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 Attomey-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 attomeys-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 attomeys-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 attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority.of th following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17`"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 esolution 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 Corpora'on 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 lid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to y bond or undertaking to which it is attached,continue to be valid and binding on the Corporation."