HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-630 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 SUB 7796),San Ramon(Dougherty Valley)area.(District
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.
rc:cw I hereby certify that this is a true and correct copy of an action taken
G.\GrpDatalEngSvciBU12002110.0"21RA 1082 BO-1 i.doc
and entered on the minutes of the Board of Supervisors on the date
originator: Public Works(ES) Shown.
Contact: Teri Ric(313-2363)
CC Public Works—T.H4,Construction ATTESTED: OCTOBER 08 , 2002
Current Planning,C Umunity Development
T v August 2003 ac JOHN SWEETEN, Clerk of the Board of Supervisors and County
Shapell Industries of Northern California Administrator
P.O.Box 361169
100 N.htilpitm Blvd
Milpitas,CA 95035
Ater:Steve Savage&Sam Worden ;w
American Casualty Company By I g Deputy
21650 Oxnard St
Suite 600
Woodland Hill,CA 91367
RESOLUTION NO.2002/ 630
CONTRA COSTA COUNTY
ROAD ACCEPTANCE AGREEMENT EXTENSION
Development Number: RA 1082
Developer: Shapell
Original Agreement Date: September 21, 1999
2nd Extension New Termination Date: September 21,2003
Improvement Security
Financial Institution: American Casualty Company
Bond No.(Date): 92905 7430(May 20,1999)
Security Type Security Amount
Cash: S 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: %D �' Dated: Ault 20, 2002
Eles of ort ornia,
NIs'
ell Industries, Inc.
AOR CONTRA COSTA COUNTY �` �-� �
>viaurice M. Shiu,Public Works Dir or De a oper's i a ur s 15-r
Printed/ + ^!;tS 7' .
100 N. Milpitas Bl «
Mil utas, CA. 95035
RECOMMENDED FAP AL: Address
American Casualty Curry' of
13y: Reading, PA
(Engineerin ervices ivision) Surety or Financial Institution
21650 Oxnard Street, Suite 600
'lls, CA 91367
Address
(NOTE. Developer"s, Surety's and Financial
Institution`s Signatures must be Notarized) orney in Facts ignature
IMAM APMO VBD:Moor J.Womm Cmwly rowed Pamela L. Stocks
Printed
After Approval Refton to Clerk ofthe Board
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
now 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 Vat 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, Individually, Individually
Of Sherman Oaks,California
their :rue and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bonxk,undertakings and other obligatory instruments of similar nature
---In Unlimited Amounts--
and ti 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 9,11 the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
':his 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.
M 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.
e
+ ` Continental Casualty Company
oesa►orure rt National Fire Insurance Company of Hartford
+ o American Casualty Company of Reading,Pennsylvania
SEAL. � M 4 -
1897 MAi1tf i
Michael Gengler Group Vice President
State o€`Illinois,County of Cook,ss:
On :his 25th day of June,2002,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and
say:tho he resides in the City of Chicago,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 corporation,and American Casualty Company of Reading,
Pennsyl�ania,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
Director;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 corlorations.
"OFFICIAL SEAL" ,
DIANE FAULKNER
Notary Public,State of Illinois �
My Commission Expires 9/17/05
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A.Ribikewskis,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 corgiorations printed on tl edm erre hereof is still in force.In testimony whereof 1 have hereunto subscribed my name and affixed the seal of
the salftorporations this �Z' tt�t2 day of Axwpst 12002
Continental Casualty Company
jjj. v 'a"u*s National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
AKr 31,
SEAL =2
f 897 i
Mary A.Ribikawskis Assistant Secretary
(Rev. 1('/11!01)
Authorizing By-Laws and Resolutions
ADOPT`I)BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
"chis Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Direct.tors of the Company.
"Article IX----Execution of Documents
Section 3.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
,roup Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the
<*ecution 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
;xecution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the
?resident 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 attomey-in-fact."
his 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 1X of the By-Laws, and the signature of the
^,ecretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
many 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
4�ttached,continue to be valid and binding on the Company.'
ADOPT"_'D 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 Vh-Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Oiroup Vice President may,from tirrie 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
be 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-ln-fact."
'T'his mower of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Direxors 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
e 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 sy 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
tune to time,appoint,by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,
#sands undertakings and other obligatory instruments of like nature.Such Attorney-in-Fact,subject to the limitations set forth in their
rr'speetive certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument
acid to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or
tre Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact."
T�iis Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resokutien 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
oil the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of
D rectors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be
at'ixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seat shall be
v?-,lid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall
wth 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 20, 2002 before me. Sandy Banner - Notary Public
Date NAME,TITLE OF OFFICER„'JANE DOE. NOTARY PUBLIC"
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
{ } personalty known to me–OR v- (—) proved to me on the basis of satisfactory evidence to be
the person(s) whose name(#islantoubscribed to the within instrument and acknowledged to me that
t*shelf executed the sante in bdr/herl tc authorized capacity(f , and that by Pwher/*M
signature(*) on the instrument the person(d), or the entity upon behalf of which the person{so acted,
executed the instrument.
5AwpYHAtw+fER WITNESS y hand and ' 1 seal
Comrnts:ion•#3$21s7
Notary Putr�c-CafiComis
Los Angeles County SIONA Rr=OF NOTARY
My Carom.Expires Jut 2,2txIS
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
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONS OR ENTITY(IES)
American Casually 8ompany
of Reading, Penn!Xlvania
SIGNER(S)OTHER THAN NAMED ABOVE
4.107'426.8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
v
{
State of California
i
County of 7� P k)-T"
On Q 2— , before me,��N
Date Nam®and Title of otfioer(e g.,"J�nye Doe,Notary Pubiio"}
personalty appeared '
Name(s)of Signer(s)
tpersonally known to me
C-J proved to me on the basis of satisfactory )
evidence
r
to be the person(s) whose name(s) 4s/are
subscribed to the within instrument and
acknowledged to me that 4e e~hey executed
the same in NeA"Irftheir authorized
capacity(ies), and that by "i 464! erftheir
JAAIICE T.iKRt1SE signature(s)on the instrument the person(s), or
7 ray Pl Commission-i�=�� T the entity upon behalf of which the person(s)
Notary Public-California ,
Santa Gare County acted, executed the instrument.
< MY Comm.Elcpirse Aug 24,20DS
ITNESS my hand and offs ial se i.
k7 J-)
Place Notary Seal Above Signature of Notary Public
t.
OPT L
I,' Though the information below is not required by , ` may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
W
Description of Attached Document
Title or Type of Document: C� rti1?�-- RF�Jc�, � '�`i t�N�� � ����i��J`C' '•i
h Document pate: Number of Pages:
Signer(s) Other Than Named Above:
t< I
Capacity(les) Claimed by Signer
Signer's Name: 1-4111-11111-1 i
❑ Individual '
'Corporate Officer—Title(s): \S`C , S Fort at tnt,rr here
d Partner--0 Limited ❑General
❑ Attorney in Pact
Ci Trustee
` ❑ Guardian or Conservator
❑i� Other: -
I Signer is Representing:
0 1999 National Notary Association-9364 De Soto Ava.,P.o,Box 2402•Chatsworth,CA 91313.2402*www.nationainotary.org Prod.No.6047 Roorder.Cell Toll-Free 1-8W-876-9827
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
ENGINEERING SERVICES DIVISION
COST AND TIME NOTIFICA'T'ION FORM
Cost: The Public Works Department collects deposits for map checking,improvement plan review and inspection based
upas a percentage of your Engineer's Cost Estimate and a calculated"average"ofstaff tithe required.These deposits are
usec to cover the costs accrued by our staff while processing your development.Your final cost could be more or less than
thix Tvergge.
During the course of processing your development,there may be three(3)phases.
I:A;aplication,map checking, improvement plan checking or compliance with conditions of approval.
Bogd.Action: Formal approval and filing of the Final or Parcel Map and/or release of hold on building permits.
(Not-�: Once your improvement plans are approved,your project immediately proceeds into the inspection phase whether
or riot construction actually begins, and all succeeding staff time is charged accordingly).
II: C>onstruction and inspection process.Board Action:Formal acceptance of constructed improvements.
III: ;Warranty period if development includes construction of public improvements. Board Action: Confirmation of
satis' ed warranty period,exoneration of surety bond or letter of credit and return all remaining cash deposits.
Pride to submitting litems to the Board of Supervisors for approval, we will review your deposits and our staff
charg,es.If the charges exceedyour deposit,you will be.billed for the difference.If the deposit on hand is less than our
estitrate of costs remaining,you will be required to increaseyour deposit. On completion ofyourproject,we will refund
any itnused 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 yoar construction schedule and by keeping the inspector informed of your progress.
We c annot overstate the financial benefits to vou of construcdn your hn rovements in a fime1v manner.
Time: The time required to process your development through the Public Works Department can vary greatly depending
on tht complexity of the project,the surrounding environment(age and adequacy of existing infrastructure,etc.)and your
turn VTound time. Average processing time is from 6 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
subtn ttals are complete,2)addressing all comments from staff,3)returning your corrected documents back to the Public
Work4 Department as quickly as possible.
Be M are 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 tai 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
check€r or the Engineering Services Division at(925)313-2000.
wrrra::rrrrrrrrrrrrrrrrrrarrrrrrrrrrwwwrrrrrwrrrrwrwrrrrrrrrrwrrwrrrrrrrrrrr■rrr■rrrrrrrrr
I have read,and understand,that the cost for processing my development is based on actual time and matrials spent by the
CounY's staff during the processing and review of my development,and that I am responsible for paying all staff costs
prior 6 any action by the Board of Supervisors.
I also€ nderstand that processing can take a long time(6 months to 2 years or more)and it is my responsibility to insure
that adequate tide is allowed for processing and that any rights I may have are protected.
a,
(Sip—t~tDevok)W) (Date) .
pmem Numller
(If time l of the essence for your development,your map check andlor improvement plan review may be placed ora an accelerated schedule for 50%
fee premium.For details of this premium processing service,please discuss this option with your map or plan checker.)
�m VEti} WORM&I MSRM.aoc
i
CONTRA COSTA COUNTY
REQUEST FOR ROAD ACCEPTANCE AGREEMENT EXTENSION
Development Number: RA 1082
I
,you were unable to complete your agreed to improvements within the one-year period originally granted by the Board of
1,1pervisors 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_.
Please provide your anticipated date of completion: December — 2002
Pl ase provide your construction schedule:
Please provide us with,your Federal Tax I'D Number: 95-2578030
(It ss mandatory that we have this number per Federal Talc Law for bonds and deposits that we refund.)
Phase identify any parcel numbers and owners of lots within the development:
(Use additional pages,if necessary)
A sessor's Parcel Owner's Property Owner's Phone
Number Name Address Address Number
i