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Home My WebLink AboutMINUTES - 08172004 - C17 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: August 17, 2004 SUBJECT: Approving Fourth Extension of the Subdivision Agreement for Subdivision 96-08027. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No.2004/ 448 for Subdivision 96-08027,approving the Fourth Extension of the Subdivision Agreement, San Ramon (Dougherty Valley) area, (District III) FISCAL IMPACT: None. BACKGROUNDIREASON(S) FOR RECOMMENDATION(S): The Developer,Shapell Industries of Northern California,has not satisfied the warrantyperiod as per Resolution No. 2003/66 dated February 4, 2003. CONSEQUENCES OF NEGATIVE ACTION: The Developer,Shapell Industries of Northern California will not be able to renew the Subdivision Agreement dated February 4, 2003. Continued on Attachment,_ Signature: i k1 ' RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE 1--XO-PROVE OTHER SIGNATURE(S):#` .r '=n •� ._ .. ACTION OF BO N AlJC,II.S,T 12,_20()4 APPROVED AS RECOMMENDED xx OTHER s VOTE OF SUPERVISORS xx✓ UNANIMOUS(ABSENTDISTRICI' I ) AYES: NOES; ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of SG:trrt an action taken and entered on the minutes of the G:1GrpData\EngSvc1I3012004\08-17-04\SD 8027 Order.doc Board of Supervisors on the date shown. Originators Public Warks(ES) Contacts Teri Ric(3I3-2363) I.D.95-2578030 ATTESTED: AUGUST 17, 2004 cc: PublitWorks—T.Boll,Construction JOHN SWEETEN, Clerk of the Board of Supervisors Current Planning,Comnmity Development T-June 17,3004 and County Administrator Shapell Industries ofNorthem California Attn:Stove Savage&Jim Gold 100 N.Milpitas Blvd. Milpitas,CA 95035 f American Casualty of Reading,PA By Attn:Pamela Stocks Deputy 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 9I367 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 17, 2004 by the following vote: AYES: SUPERVISORS UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: SUPERVISOR JOHN GIOIA ABSTAIN: NONE RESOLUTION NO. 2004/ 448 SUBJECT: Approve the Fourth Extension of the Subdivision Agreement for Subdivision 96- 08027, San Ramon(Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the fourth agreement extension which extends the Subdivision Agreement between Shapell Industries of Northern California and the County for construction of certain improvements in Subdivision 96- 08027, in the San Ramon(Dougherty Valley) area, through February 4,2005; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% (In warranty) ♦ ANTICIPATED DATE OF COMPLETION: October 2004 ♦ REASON FOR EXTENSION: Working on warranty punchlist items. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. G:\GtpDatalEngSvc\BO\2004\08-17-04\SD 8027 BO-I I.doc I hereby certify that this is a true and correct copy of an action taken JY:rm and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) Shown. Contact: T.Rie(313-2363) cc: Public Works–T.Bell,Construction ATTESTED: AUGUST 17.y 2004 Current Planning,Community Development JOHN SWEETEN Clerk of the Board of Supervisors and County T–Sune 17,2004 ' �J Shapell Industries o€Northern California Administrator Attn:S.Savage&S.Worden 100 N.Milpitas Blvd. Milpitas,CA 95035 } American Casualty of Reading,PA y i Atm:Pamela Stocks By �'/� ,Deputy 5820 Canoga Ave.,Suite 200 �— Woodland Hills,CA 91367 RESOLUTION NO.2004/ 448 CONTRA COSTA COUNTY SUBDrVISION AGREEMENT EXTENSION Development Number: Subdivision 8027 Developer: Shapeli Industries of Northern California Original Agreement Date: March 3,1998 .Fourth Extension New Termination Date: February 4,2005 Improvement Security Surety: American Casualty Company of Reading,PA Bond No.(Date): 158774868(December 20,2002) i Security Type Security Amount Cash: $6,200.00(1% cash,$1,000 Min.) jBand: $92,580.00(Performance) 1 i 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: June 8,2004 � Shapell Industries of Northern California FOR CONTRA COSTA COUNTY DevS' tore s) Maurice M, S,hiu,Public Works'D' C"- t ` By: Printed r _ -- -- DbeloqW Rignature(s) RECOMMENDED FOR � O AL: a_ By: f' Printed (Engin r' g ervi es 5i-vision) 100 N. Milpitas Blvd. s Milpitas, CA 95035 Address American Casualty Company of Reading,Pennsylvania (NOTE. Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must he Notarized.) 5820 Canoga Avenue,Suite 200,Woodland Hills.Cg 91367 POP.M APPAOYW!Vid f 1.Waw Ce yCov 0 Adores AjterApprovatReturn to Clerk oftheBoar d Fr✓� - � 'Z Ir _ Attorney in Facts Signature Pamela L.Stocks,Attorney-in-Fact Printed POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men fly'These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(herein called"the CNA Companies*),are duty 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.Hail,Sandra V. Hanner, Individually of Sherman{Yaks,California their true and lawfut 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 ---to Unlimited Amounts--- and to bind them thereby as fulty and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of sold 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 Vice President and their corporate seals to be hereto affixed on this 3rd day of August,2001. .+ Continental Casualty Company t,*0 *w� 0"'°� tette National Fire Insurance Company of Hartford • r$t, a American Casualty Company of Reading,Pennsylvania U SEAL State of Illinois,County of Cook,ss: Michael Gengler Group Vice President On this 3rd day of August,2001,before me personally came Michael Gengler to me known,who,being by me duly swum,did depose and say:that he resides in the City of Chicago,State of Illinois;that he Is a Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania 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. ........................... "OFMIALHowl SAL* IAr Cr�T�f�+fi�or>t•.{{{Tics • My Commission Expires September 17,2001 Chane Faulkner Notary Public CERTIFICATE t,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania 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 rRyerse 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 Jung , 2004--.. catop"Aft r �� Continental Casualty Company National Fire Insurance Company of Hartford '� American Casualty Company of Reading,Pennsylvania xnIOU i. , (Rev. 1/23101) Mary A.Riblkawskls Assistant Secretary Authorizing By-Laves 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 IAC---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 thereto.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 seated 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 17th 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 seat 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 W—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 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 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 at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seat 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 Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature.Such Attomey-in-t=act,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group 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 the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th 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." __...... State of California County of Los Angeles b On , before me, June 82004 Sandy Banner - _Notary Public Date NAME, TITLE OF OFFICER., 'JANE DOE. 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¢&) whose name(4 is/Allwubscrlbed to the within instrument and acknowledged to me that Wshe/km*executed the same in hWher/ttotc authorized capacity(jea, and that by Wher/1W signature{) on the instrument the person(g), or the entity upon behalf of which the person(o acted, executed the instrument. SANDY NA:NMEFt WITNESmy hand and official seal. ¢ Commission#13621574 4-4Notary Public-California t Los Angus County SIGN RE OF NOTARY My Comm.Expires Jut 2,2we f OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document 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 t-3 GENERAL NUMBER OF PAGES (X} ATTORNEY-IN-FACT ( } TRUSTEE(,) (�} GUARDIANICONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)American Casualty Company of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE G•1074216-8 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer. Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Dartford,American Casualty Company of Reading, PA, The Fir6men's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF P'REMIUM The premium attributable to coverage 101 terrorist acts certified under the Act was Zero.Dollars ($0.00), DISCLOSURE OF FED RA11 PARTIQIEA.TIQN IN PAY 4ENJ QF TERRORISE LLS FS The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable suretylinsurer deductible. Form F73?b CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT xzu- ��^' ,� a �ft '�'ca!Gad:1e�s.7is:>'?k3d:+.S�3^��',�� -'`?�, •' �Z�',�'.�� ^CY-�.,�z fy J f�, State of California County of -2-1?k . . on before me, Dae -Name aqd Title of Officer(e.g.,1.1ano Doe,Notary Public') personally appeared f Name(s)of Slgner(s) , personally known to me ❑ proved to me on the basis of satisfactoryfz evidence $ARON SAVOY to be the person(s) whose name(s) is/are CtunmI4810n 1445141 subscribed to the within instrument and 40 Notary Pubic.Caftmia acknowledged to me that he/she/they executed Santo£caro County the same in his/her/their authorized MY Comm,BOW f?ct13,2007 capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WiTNE my hand and officil seal. :><v Signature of Notary ub�ic i` OPTIONAL - '4' Though the information below is not required by law,it may prove valuable to parsons retying on the document and could prevent fraudulent removal and reattachment of this fort to another document Description of Attached Document ' Title or Type of Document: �.``sCA. IrV s • ",e t ; Document Date:-�` Number of Pages: Signer(s)Other Than Named Above: ' N Capacity(les) Claimed by Signer ? Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Titles v ❑ Partner — ❑ Limited ❑General 3r ❑ Attorney-in-Fact ❑ Trustee x- ElGuardian or Conservator ; ' ❑ Other: Signer Is Representing: C 7999 Na:tonat Nctary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 973.3-2402•www.nationainotary.org Prod.No,5907 Reader:Call Toil-Free',-800.878-6827