HomeMy WebLinkAboutMINUTES - 10082002 - C.8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 8, 2002 by the following vote:
AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2002/ 630
SUBJECT: Approve the Road Improvement Extension of the Road Improvement Agreement for
RA 1082(cross-reference SLTB 7796), 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.Improvement Agreement between Shapell Industries of
Northern California and the County for construction of certain improvements in RA 1082,in the San
Ramon(Dougherty Valley) area,through September 21, 2003;
♦ APPROXIMATE PERCENTAGE OF WORK.COMPLETE: 96%
♦ ANTICIPATED DATE OF COMPLETION: December, 2002
♦ REASON FOR EXTENSION: Issue Resolved, waiting for resolution from County for
alignment on trail.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
JG:ew Y hereby certify that this is a true and correct copy of an action taken
G:\GrpData\PngSvc\BO\2002\10-08-02\RA 1082 BO-1l.doc
and entered on the minutes of the Board of Supervisors on the date
Originator: Public Works(HS) Shown.
Contact: Teri Rie(3I3-2363)
cc: Public Works—T.sell,Construction ATTESTED: OCTOBER 08 , 2002
Current Planting,Community Development
T-August 2003 JG JOHN SWEETEN, Clerk of the Board of Supervisors and County
Shapell Iniustties ofNorthem California Administrator
P.O,sox 361169
100 N.Milpitas Blvd.
Milpitas,CA 95035
Attn:Steve Savage&Sam Worden
American Casualty Company By Deputy
21650 Oxnard St.
Suite 600 `(
Woodland Hill,CA 91367
RESOLUTION NO.2002/ 630
CONTRA COSTA COUNTY
ROAD ACCEPTANCE AGREEMENT EXTENSION
Development Number: RA 10822
i
Developer: Shapell
Original Agreement Date: September 21, 19$9
2nd Extension New Termination Date: September 21,2003
Improvement Security
Financial Institution: American Casualty Company
Bond No.(Date): 929097430(May 20,1999)
Security Type Security Amount
Cash: $ 2,400.00(1% cash,$1,000 Min.)
Bond: $238,780.00(Performance)
$120,600.00(Labor&Material)
The Developer and the Financial Institution desire this Agreement to be extended through the above date,and Contra
Costa County and said Financial Institution hereby agree thereto and acknowledge same.
Dated: �� • '` - Dated: August 20, 2002
Skapelldustries of No—rt-FiEr—H California,
si ell Industries, Inc.
FOR CONTRA COSTA COUNTY f f
Maurice M. Shiu,Public Works Dire or) De elopers' i na r ss
By:
- Printe l �
100 N. Valpitas Blv
1djpitas, CA 95035
RECOMMENDED F AP AL: Address
American Casualty Company of
By: ` Rearli-ng, PA
(Engineerin ervices Division) Surety or Financial Institution
21650 Oxnard Street, Suite 600
.-•�� lls, CA 91367
;... Address f,
{1VOTE. Developer's, Surety's and Financial ..
Institution's Signatures must be Notarized:) YArtorney in Facts,signature
POW. APPROVED:Vkt.,S.Weg=.,Co myCo=u f Pmela L. Stocks
Printed
After Approval Return to Clerk of the.Board
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
Pamela L. Stocks,Beverly A. Nall,Sandra V. Hanner,Individually,Individually_
of Sherman Oaks,California
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 Vice President and their corporate seals to
be hereto affixed on this 25th day of June,2002.
GAs+Cllr %14WB pf
zd� , Continental Casualty Company
vorurt cproe�tr National Fire Insurance Company of Hartford
XLY American Casualty Company of Reading,Pennsylvania
O z
it,
v SEAL it
W
Michael Gengler ] Group Vice President
State of Illinois,County of Cook,ss:
On this 25th day of June, 2002,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 Chico, State of Illinois;that he is a Group Vice President of Continental Casualty Company,an Illinois
corporation, National Fire Insurance Company of Hartford,a Connecticut corporator,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.
sem,+
"OFFICIAL SEAL" r
DIANE FAULKNER
Notary Public,Stott of Illinois
My Commission Expires 4/17/05 ice' tcV
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
1, Mary A. Ribikawakis,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 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 te reverse hereof is still in force.In testimony whereof I have hereunto subscribed my name and affixed the seal of
the said corporations this doth day of Au1st ,2002
Continental Casualty Company
0000PLArr National Fire Insurance Company of Hartford
F� American Casualty Company of Reading,Pennsylvania
` /Y6Y 3E,
c) SEAL r lent
1897
Mary A.Ribikawskis Assistant Secretary
(Rev. 10/11/01)
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#X—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 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 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 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 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 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 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 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 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 Attorney-in-Fact,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 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,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,shali
with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation."
Stag of CALIFORNIA
County of LOS ANGELES
On August 20, 2002 before me, Sandy lianner - Notary Public
Date NAME, TITLE OF OFFICER- "JANE COE, NOTARY PUSLIC"
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(l) whose name{4 is/Aiwsubscribed to the within instrument and acknowledged to me that
(she/J.executed the sante in bWher/ t V,authorized capacity{i , and that by Kwher/w
signatture($) on the instrument the person{Q, or the entity upon behalf of which the person(o acted,
executed the instrument.
SANDY WITNESS y hand and I seal.
q* Commission�l i 3$2 f2 4
Notary Public-California
Los Angeles Cta*nty SIGNATURE OF NOTARY
My Comm.Expires Jut 2.2W6
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
{p_) GENERAL
NUMBER OF PANES
{ ) ATTORNEY-IN-FACT
{. )
TRUSTEE(S)
{ �.) GUARDIAN/CONSERVATOR
( � ) 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
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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On before me, <� � . .. �
c7 Dale { Na, e and T E.e of t7Y�cor(e.g.,'Jane Dna Notary Public") �
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personally appeared .� � � F �
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to be the person(s) whose name(s) Aare
z subscribed to the within instrument and
? acknowledged to me that 4e/sl they executed
the same in .h-isAier-ltheir authorized
capacity(ies), and that by bI s/heffteir
JANICE T KRUSE Xi
Commission 131 697 signaturets)on the instrument the person(s), or %,
ti Notary Public-California
the entity upon behalf of which the person(s) iS
s Santa Clara County acted, executed the instrument. ;
r' MY Comm.ftiresAug 24, i
dlTNESS my nand and offal seol. P5
i Place Notary Seal Above ! Signature of Notary Public
rh OPTII(*AL
Though the information befog is not required by ,N;-it may prove valuable to persons relying on the document
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and could prevent fraudulent removal and reattachment of this form to another document. !'
Description of Attached Document oil
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CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
ENGINEERING SERVICES DIVISION
COST AND TIME NOTIFICATION FORM
Cast: The Public Works Department collects deposits for trap checking,improvement plan review and inspection based
upon a percentage of your Engineer's Cost Estimate and a calculated"average"of staff time required.These deposits are
used to cover the costs accrued by our staff while processing your development.Your fi al cost could be more or less than
this average.
During the course of processing your development,there may be three(3)phases.
L• Application,map checking, improvement plan checking or compliance with conditions of approval.
Board Action: Formal approval and filing of the Final or Parcel Map and/or release of hold on building permits.
(Note: Once your improvement plans are approved,your project immediatelyproceeds into the inspection phase whether
or not construction actually begins, and all succeeding staff time is charged accordingly).
II: Construction and inspection process. Board Action:Formal acceptance of constructed improvements.
III: Warranty period if development includes construction of public improvements. Board Action: Confirmation of
satisfied warranty period,exoneration of surety bond or letter of credit and return all remaining cash deposits.
Prior to submitting gff to the Board of Supervisors for approval, we will review your deposits and our staff
charges.If the charges exceed your deposit,you will be billed for the difference.If the deposit on hand is less than our
estimate o.f costs remaining,you will be required to increase your deposit. On completion ofyourproject,we will refund
any unused deposits;
It is important that you understand that all staff time spent on your development, including time for writing letters,
telephone calls,counter calls,bonding company inquiries,meetings,appeal processes,revisions,and related activities is
charged against your deposit for each phase of development. The longer it takes to complete improvements, the more
charges you will probably accrue. You can help to keep your inspection costs down by notifying the inspector in advance
of your construction schedule and by keeping the inspector informed of your progress.
We cannot overstate the rinancial benefits to you of constructing your improvements in a time manner.
Time: The time required to process your development through the Public Works Department can vary greatly depending
on the complexity of the protect,the surrounding environment(age and adequacy of existing infrastructure,etc.)and your
turn around time. Average processing time is from £ months to 2 years or more. Please allow for this time in your
scheduling. Some factors affecting time are uncontrollable but others can largely be controlled by: 1)insuring that all
submittals are complete;2)addressing all comments from staff;3)returning your corrected documents back to the Public
Works Department as quickly as possible.
Be aware that the rights given to you by your Tentative Map or permit are only good for a fixed amount of time. It is up to
you to insure that all processing is complete before this time expires. Please contact your planner to insure that your rights
are protected and that you will have adequate time for processing.
Should you have questions about the development fees or process, please do not hesitate to contact your map or plan
checker or the Engineering Services Division at(925)313-20001.
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1 have read,and understand,that the cost for processing my development is based on actual time and matrials spent by the
County's staff during the processing and review of my development, and that I am responsible for paying all staff costs
prior to any action by the Board of Supervisors.
I also understand that processing can take a long time(5 months to 2 years or more)and it is my responsibility to insure
that adequate ti e is allowed for processing and that any rights I may have are protected.
(9ignatwe of Developer) (D-)
t4(o
apmetrt um�`
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(If time is of the essence for yourdevelopment,your map check and/or improvement plan review maybe placed on an accelerated schedule for 50%
fee premium. For details of this premium processing service,please discuss this option with your map or plan checker.)
GALS PDOAEHO-1 0—ALE WORME•i FORMAec
ut)"ted 8NI t
CONTRA COSTA COUNTY
REQUEST FOR ROAD ACCEPTANCE AGREEMENT EXTENSION
Development Number: RA 1082
If you were unable to complete your agreed to improvements within the one-year period originally granted by the Board of
t Supervisors in The Agreement,the County may grant you a one-year extension upon your written request,Please realize
that you must complete your improvements in an expeditious manner,as unlimited extensions will not be granted.
}
Please provide the reason why you need additional time to complete your improvements:
Issue resolved, waiting for resolution from County for alignment
on trail.
i Please provide your anticipated date of completion: December — 2002
Please provide your construction schedule:
i
Please provide us with your.Federal Tax I73 Number: 95-2578030
(It is mandatory that we have this number per Federal Tax Law for bonds and deposits that we refund.)
t
Please identify any parcel numbers and owners of lots within the development:
(Use additional pages,ifnecessary)
Assessor's Parcel Owner's Property Owner's Phone
Number Name Address Address Number
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