HomeMy WebLinkAboutMINUTES - 10122004 - C5 TO: BOARD OF SUPERVISORS tr.
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: October 12, 2004
SUBJECT: AppLoving the Third Extension of the Subdivision A eement for Subdivision 97-08133.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ -_ for Subdivision 97-08133,approving the third extension of the Subdivision
Agreement, being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area.
(District III)
FISCAL IMPACT:
Nene.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S?.
The second Subdivision Agreement extension has expired,therefore the developer is requesting;a third extension.
CONSEQUENCES OF NEGATIVE ACTION:
With the Agreement expired, the developer will not be able to complete the improvements as per the original
Subdivision Agreement.
Continued on Attachment: SIGNATURE:
TTECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE , OTHER
ACTION OF BOA ON OCTOBER-12, 2004 APPROVED AS RECOMMENDED xx OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
VOTE OF SUPERVISORS date shown.
XX UNANIMOUS(ABSENT NONE )
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: OCTOBER 1.2, 2004
('s\GryiData\EngSve\BO\2004\10-12-041SD 97-08133 Order.doc JOHN SWEETEN, 1.. lt lerof the Board of
Orig.Div: Public Works(BS) Supervisors and County Administrator
Contact: Teri Rie(313-2363)
ck: Public Works—T.Steil,Construation
Cutrerd Planning,Car-Inurnity Development
T-'
February 15,2005
Shapell Industries ofNorthem California 7��y ,t
Attn:S.Savage,S Worden By / r Deputy
i
100 N.Milvitas Blvd. "' a
Milpitas,CA 45035
American Casualty Company of Reading,PA
Attn:Pamel L.Stocks
5820 Canoga Ave.,suite 200
Woodland Hills,CA 91367
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFOI;LNIA
Adopted this Resolution on October 12, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NODE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 551
SUBJECT: Approve the Third Extension of the Subdivision Agreement for Subdivision 97-
08133, San Harmon(Dougherty Valley) area. (District 111)
The Public Works Director having recommended that he be authorized to execute the third
agreement extension which extends the Subdivision Agreement between Shapell. Industries of
Northern California and the County for construction of certain improvements in Subdivision 97-
08133, in the San Ramon(Dougherty Valley) area, through April 15, 2005;
♦ APPROXIMATE PERCENTAGE OF WORD COMPLETE: 100%
♦ ANTICIPATED DATE OF COMPLETION: December 1, 2004
♦ REASON FOR EXTENSION: The Agreement expired during warranty period.
IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director
is APPROVED.
I hereby certify that this is a true and correct copy of an
:
(3\Gr pData\cngSvcU3012t764\io-2 2-(14\SD 97-6$I33 Bo-1 I,doc action taken and entered. on the minutes of the Board of
G:1Gr
Originator: Public Warks(ES) Supervisors on the date shown.
Contact. T.Rte(313-2363)
ce: Public Works—T.Bell,Construction ATTESTED: OCTOBER 12, 2004
Current Planning,C:onununityDevelopment JOHN SWEETEN, Clerk of the Board of Supervisors and
T—February 15,2005 County Administrator
Shapell industries of Narthem California
Attn:S.Savage,S Warden
100 N.Milpitas Blvd. �
Milpitas,CA 95035
American Casualty Company of Reading,PA By Z ,Deputy
Attn:Parcel L..Stocks
5$20 Canoga Ave.,Suite 200
Woodland Hills,CA 91367
RESOLUTION NO.2004/ 551
CONTRA COSTA COUNTY
SUBDIVISION AGREEMENT EXTENSION
Development Number: Subdivision 8133
Developer: Shaped Industries of Northern California
Original Agreement Date: April 6,1.999
ThirdThird lxtension New"Termination Date: April 15,2005
Improvement Security
Surety: American Casualty Company off ending PA
Bond No.(Date): 190723583(November 1.4,2003)
seeuriti'I vie. Security Amount
CashS 3,047.00(1% cash,$1,000 Min.)
�
Bond: S 45,200.00(Performance) I
The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County
and said Suxetyhelebagree her To and acknowledge same.
Dated ,. Dated: August 3,2004
Shapell Industries of Northern California,A Division
FOR CONTRA COSTA COUNTg�
of Shapell Industries, Inc.,a Delaw e Corp.
Mauricc M Chiu,Public Works Vector "i toz
r"/ y ve er's Signatures)�_.�__ .-�..
_ �o Printed
RECOMMENDED t A•'P. OVAL:
S evelopv 's Signatures)
(Engin ezvices ivisie,) �[/,j €
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w100 N M ITS s I3Ivd..lllil�ita�j,SCA_95Q3_5__
(NOTE' Developers, Surety',s and Financial Address
Institution's SSignaturm rrtust be Notarized.) American Casualty Company ofReadin,, PA
roB RPFNgW.nw vim,7.W-' Surety or Financial Institution
5820 Cana a Avenue,Suite 200,Woodland Hills;CA 91367
�j`terrfrxnravar I?etttrrF tee CFerk n P1tE T3narr! i-'�`�" -'-"""
Addra s
Attonrey in facts Signature
Pamela L. Stocks,Attorney-in-Fact
Printed
S
l l
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara >`
On August 5, 2004,before me,Janice T. Kruse, Notary Public personally appeared,
J.C. Truebridge& Ken Cox personally known to me to be the persons whose names are z
s subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacity, and that by their signature on the instrument the persons, or
the entity upon behalf of which the persons acted, executed the instrument. ;
J.aNIaca;z.lsRus!~
Commission# 13t 869,7 WITNESS my hand and official seal.
Wary Public-Calltomto
sonto Ckx County y .
W Comm Expout Aug 24.2
Signature of Notary public
s Optional Information s
Title or Type of Document: C.C. County Subdivision Agreement-Tract 8133
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shanell Industries,Inc.
�t
k,
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By 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 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 Beveriy A.Nall Sandra V.Hanner, 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 3rd day of August,2001.
Continental Casualty Company
+trrortrobtt�r National Fire Insurance Company of Hartford
o American Casualty Company of Reading,Pennsylvania
SEAL
visor r' .a
ISO
Michael Gengler Group Vice President
State of Illinois,County of Cook,ss:
On this 3rd day of August,2001,before me personally came Michael Gengler to me known,who,being by me duly swom,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.
ryr..rsr.rrrrrrrrrrrrrrrrr�
i rORFICIAL 11t?AL" "
Z [rOANE 1f f ob
My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A. Riblkawskis,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 fly-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 3rd day of
August 2004 .
Continental Casualty Company
D197
National Fire Insurannce Company of Hartford
American Casualty Company of Reading,Pennsylvania
NKY II,MR "Vj
'
Mary A.Ribikawskis Assistant Secretary
(Rev.1/23/01)
Authorizing By-Lanus 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 duty 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 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 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 seat 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 Yf-�-Execution of Obligations and Appointment of Atto ey4n-fact
Section 2.Appointment of Attomey-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 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 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 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 seat 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 seated 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 duty 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 seat 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-inn-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 seat 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
On August 3, 2004 before me, Sandy Hanner - Notary Public
Date NAME, TITLE OF OFFICER,, "JANE [BOE, 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(x) whose name(; ishtfwubscribed to the within instrument and acknowledged to me that
b*she/1W executed the same in hdx1her/Iftic.authorized capacity{, and that by +W hertffm
signature(a)on the instrument the person(), or the entity upon behalf of which the person(t acted,
executed the instrument. 1�
WITNE115 my hand official seal.
SANDY HA IES
_ t Commission 01362167
«w Notary Public-CaHfomia SIGNATURE O!=Nt)fiARY
Los Angeles County
My Comm.Expires Jul 2,2006 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
{. .} GENERAL
NUMBER OF PAGES
{ } ATTORNEY IN-FACT
{ �.)
TRUSTEE(S)
GUARDIAN/CONSERVATOR
{ . ) OTHER
MATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American CasualtyCompany_
of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE