HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-634 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
-i NOES: NONE
ABSENT. NONE
ABSTAIN: NONE
RESOLUTION NO.2:002/6.34
SUBJECT: Approve the third extension of the Subdivision Agreement for SUB 8027, San
Ramon(Dougherty Valley)area. (District IIT)
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 ituprovements in Subdivision 8027,in
the San Ramon(Dougherty Valley) area,through March 3,2003;
♦ APPROXIMATE PERCENTAGE OF WORK.COMPLETE: 96%
i ANTICIPATED DATE OF COMPLETION: Fall 2002
♦ REASON FOR EXTENSION. Working on punch list items.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
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 date shown.
7G:cw
G:lGMDIitatEngsvcM\2 \I"8-02\SUB 8027 BO-11.doc
ATTESTED: OCTOBER 08, 2002
°'lo°'to : Public Works M JOHN SWEETEN, Clerk of the Board of Supervisors and Cour '
Contact: T.Rio(313-2353) Administrator
cc: Public Works-T.Bell,Construction
Current Planning,Comtmmity Development
T—I-03-037G
Shapoll industries arm Califottnia By_ — _ Deputy
P.O.Box 361159,100 N.Milpitas Blvd.
Milpitas,CA 95035
Atte:Steve Savage&Sam Worden
Atrmican Casualty Co.of Reading PA
21550 Oxnard St.,Suite 750
Woodland Bila,CA 91359
634
RESOLUTION NO.2002/
i
CONTRA COSTA COUNTY
SUBDIVISION AGREEMENT EXTENSION
Development Number: Sub 8027
Developer: Shapell
Original Agreement Date: March 3, 1998
3rd Extension New Termination Date: March 3,2003
Improvement Security
SURETY: American Casualty Company
Bond No. (Date): 158774868(January 15, 1998)
Securlt,X Type Securill Amount
Cash: $ 6,200.00(1% cash,$1,000 Min.)
Bond: $611,000.00(Performance)
$30 ,600.00 (Labor&Material)
The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County
and said Surety hereby agree thereto and acknowledge same.
Dated: � � bated: July X, 2002
Shaipell Industries of Northern California
FOR CONTRA COSTA CC?UNTY
Maurice M. Shiu,Public Works ct Develo s Signature(s)
x
By: 4
v if
Printed '
100 N. MLlpitas Blvd.
Milpitas, CA 95035
RECOMMENDED FOR APP Address
American Casualty Company of
By: Reading. Perm��yi
(Engineering ce sEon} Surety or Financial Institution
-d-Street,
Suite 600
!Att
s,
(IYCITE: IJ�eveloPer's, Surety's and Financial
Institution`s Signatures must be Notarized.) Signature
POWAP :Vk%WJ.W«to.,cmowPamela L. Stocks
Printed
A&r Aar_q 1 Nwmrn Ig Ckrk pfft figgrd
CALIFORNIA ASL-PURPOSE ACKNOWLEDGEMENT
State of C�f L k r--C.". i OPTIONAL SECTION
Cou:i£ of CAPACITY CLAIMED BY SIGNER
On ,before me, * ' Though statute does not require the Notary to fill
A-S NAME,TITLE oi-vrkwrR E.G.,'JANE DDJE Nos,+uc,_ Y � In the data below,doing so may prove Invaluable to
t 4 � persons relying on the document.
perscs'Ially appeared
NAME#s;of StGNER{s) 0 INDIVIDUAL
personalty known to me-OR-� ❑ CORPORATE OFFICERS)
be the persatl whose name islag&subscribed nn,EiS)
CE T. Zo to the within Insiriunent and acknowledged to
JANI
f t7mttiitCE T t31 E me that he0m0therexecuted the same in 0 13PARTNER($) U ❑ LIMITED
hislltoMheirauthorized capacity(ies3rand that by n p ❑ GENERAL
Notary Public-Callfgmla hivNer0theirssignaturr,,paw the instrument the 0 0 ATTORNEY-IN-FACT
Santg Liam Courtly, persor*<or the entity upon behalf of which the 0 0 TRUSTEE(S)
f0MyCWMEWmaAug24,2W5 persor}Esf acted,executed the instrument. 0 0 GUARDIAN/CONSERVATOR
WTI 13ES5 ttty hand ea ❑ OTKEIt.
SIGNER IS REPRESENTING:
SItiNATURE OF N Y OF PERSON(s)6R ENriTY{IES)l
cO acknowledged to me that such corporation ecut the within instrument pursuant to its by-laws
:,.or a resolution of its Board of Directors.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACKED Title or Type of Document
ToTHE DOCUMENT AT RIGHT. Number of Pages
Thi:?ugh the adjacent data is not required by law,it may prove valuable Date of Document
to.ersons relying on the document and could prevent fraudulent Signers}Other Than Named Above
re:<attachment of this forth
INSTRU MQNa TO NOTARY
Thefollowing information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
1, AOR , -The name and interest of the signer should be typed or printed}BATH the signature, The name
must signs exac y as it is typed or printed.
Il. ICNAT1Jl SOR INDBMUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
lIl SIGN TU1Sc? A=R�TRSHIPS-Signing party must be either a general partner or be authorized in writing to have the
sty to sign or an the partnership.
1V SIGN.+ '=5 FOR CORl"C>lA"t'OM
Documents shoo bbe signecby two officers,one from each of the following two groups.
GROUP 1. a The'Chair of the Board
The President
c Any Vice-President
GP-,OUP 2. a The Secretary
An Assistant Secre
c The Chief Financial cer
d The Assistant Treasurer
ifs ijznarures of officers from each of the above two groups do not appear on the instrument,a certified copy of resolution of the Board
o f 5irectors authorizing theon signing the instrument to execute instruments,of the type in question is required. A currently valid
pgwer of attorney,notarizecwill suffice.
Ntarization of only one corporate-signature or signatures from only one group,must contain the following phrase:
:and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Mon By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Har#fd,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called
"the NA 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 RVeq A.Nall,Sandra V.Hanner,Individual)
of Sherman Oaks California
their"'rue Brxl lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and Axecuts for and on their behalf
bond.,undertakings and other obligatory instruments of similar nature
---In Unlimited Amounts—
and to blrW them thereby as fully and to the same extent as If such instruments were signed by a duly authorized officer of their corporations
and K'01 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
hereif,duly adopted,as Indicated,by the Boards of Directors of the corporations.
€:n Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to
be h4reto affixed-on this 19th day of March,2002.
a
d Continental Casualty Company
man►orura National Fire Insurance Company of Hartford
xxy 1. American Casualty Company of Reading,Pennsylvania
�? WAL an
rss'r
Michael Gengler Group Vice President
state 01 1111noK County of Cook,ss:
06 this 19th day of March,2002,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and
say.tN t he resides In the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,an Illinois
s orpor tion,Natlonat Fara Insurance Company afi Hartford,a Connecticut corporation,and American Casuaky Company of Reading,
Penrrstvsnisr a Penrrsylvania oratkxs deecxibed In and which a the above#nstrurrwant;that he seals of sold corporations;
that the=seeks effaced th the said Ins#rument ars such corporate seats;that they were so affixed pursuer#th authority given by the Boards of
S 17t��s of said ccrpexratlt+ns and that he signed his name thereto pursuant ccs like authority,and ackr�cwiedg+ss same tcs be the act and deed of
said cxrrperaticrx�.
"OFFICIAL SEAL'
DIANE FAULKNER
Noiory Public,StcH of Illinois ' +
My Grminisdon Expires 9117105 l
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
1,4ary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinc#s corporation,National Fire Insurance Company of
HarbVd,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify
that th4 Power of Attorney herein above set forth Is still In farce,and further certify that the By-Law and Resolution of the Board of Directors of
the ccx printed on the reverse hereof is still In force.In testimony whereof I have hento subscribed my name and affixed the seal of
the sago orations this_ .�day of Tta1 y 2 Q0
Conflnental Casualty Company
National Firs Insurance Company of Hartford
r. American Casualty Company of Reading,Pennsylvania
SEAL
Mary A.Rlbikawskis Assistant secretary
(Rev. 10111/01)
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 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
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
th,e 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
P resident or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority
{..Wously given to any attomey-in-fact."
T is 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
ba 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
W.)y power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
eecuted and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it Is
aitached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
'niis 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 VF--Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment om#Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
G7oup Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act In behalf of the Company in the
e.eecutitm of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to
th.s, (imitations 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
Resident 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
Dlrectiro of the Company at a meeting duly called and heli on the 17th day of February, 1993.
that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
b*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
Socretsry 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 rialld 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
at,eched,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
Tills Power of Attorney Is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
1993 I;W the Board of Directors of the Comparmj+.
"RESOLVED:That the President,an Executive Vice President,or Any Senior or Group Vice President of the Corporation may,from
tirtle to time,appoint,by written certificates,Attorneys-In-Fact to act In behalf of the Corporation in the execution of policies of insurance,
bads,undertakings and other obligatory Instruments of like nature.Such Attorney-In-Fact,subject to the limitations set forth In their
roti.Vective certificates of authority,shall have full power to bind the Corporation by their signature and eXqCutjon of any such instrument
aM to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or
th*, Board of Directors may at any time revoke all power and authority previously given to any Attorney-In-Fact."
Th--..s Power of Attorney is signed and sealed by facsimile under and by the authority tYof the following .ut .g
dopted by the Board of
Dlrectais 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,he Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of
Dit ctons on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be
of.xed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be
va[A and binding on the ion.Any such power so executed and sealed and certified by certificate so executed and sealed,shall
w1h respect to any bond or undertaking to which it Is attached,continue to be valid and binding on the Corporation."
I
State of CALIFORNIA
County of LOS ANGELES
Can jUj. 2N. -2-002 before me, Sandy Banner - Notary Public
Data NAME, TITLE of OFFICER.,"JANE DOE. NOTARY PUBIC'
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
( ) personally known to me--OR- (—) proved to me on the basis of satisfactory evidence to be
the personO) whose name(*ls4rteesubscribed to the within instrument and icknowledged to me that
WshelitM executed the same in tri Wher/#=It authorized capadlyl and that by NWher/MW
signature(s) on the instrument the person(it), or the entity upon behalf of which the person(,o anted,
executed the instruments
SANDY HANNEER WITNES my hand and official seal.
q,ym'p, bVil,:ll',s-�Ildi!'/P 11M747
45 �. Ne:4myPub11C-Cc1gf xnta
@.ass Ang-les Courtly SfA T JRE OF NOTARY
My Comm.maims Jul 2,2002
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. t
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
{) INDIVIDUAL
{... ,} CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) (__,.) LIMITED
GENERAL
( } ATTORNEY-IN-FACT NUMBER OF PAGES
{�.}
TRUSTEE(S)
{ .} GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(SOa ENTITY(IES)
American asuaq om�pany
of Reading, Perin ylvania LL - SIGNER(S) OTHER THAN NAMED ABOVE
o,�o�e2a-e
i
CONTRA COSTA COUNTY
REQUEST FOR SUBDIVISION AGREEMENT EXTENSION
Development Number: Sub 8027
Ifyou,were unable to complete your agreed to improvements within the one-year period originally granted by the Board of
8< pervisors in The Agreement,the County may grant you a one-year extension upon your written request.Please realize that
yiiu 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 improvementi:
Working on completing punch list items.
Pf< ase provide your anticipated date of completion. Pell i 2002
Plr>ase provide your construction schedule:
Ph ase provide us with your Federal Tax ID Number: 95-2578030
(it i�;mandatory that we have this number per Federal Tax Law for bonds and deposits that we refund.)
P1e1se identify anyparcel numbers and owners of lots within the development:
se additional pages,if necessary)
As�aessor's Parcel Owner's Property Owner's Phone
Number Name Address Address Number
I _
Country Club at Gale Ranch
Tract 8027 • F8lrway Bridge It
Lot Number Address Lot Number Address
1 4425 telae Ridge Road 28 837 Rosincress Court
2 4417 Lilac Ridge Roafd 27 831 Rosinorese Court
3 4409 Lilac Ridge Road 28 817 Rosincress Cour''t
4 4401 Lilac Ridge Road 29 603 Rosincress Court
5 4363 Lilac Ridge Road 30 3531 Rosincress Drive
6 4365 Lilac Ridge Road 31 3625 Rosincress Drive
7 4377 Lilac Ridge Road 32 38111 Roelncress Drive
8 3589 Rosincress Drive 33' 3514 Roslncress Drive
9 3585 Rosincress Drive 34 3318 Rosincress Drive
'10 3581 Rosincress Drive 35 3622 Rosincress Drive
11 3577 Rosincress Drive 36 3626 Roainoress Drive
12 3573 Rosincresa Drive 37 3530 Rosincress Drive
13 3569 Rosincress Drive 38 3534 Roeincrese Drive
14 3585 Roelncress Drive 39 3638 Rosinoress Drive
153581 Rosincress, Drive 40 3542 Roaincress Drive
18. 3557 Rosincress Drive 41 3646 Rosinoress Drive
17 3553 Realncress Drive 42 3550 Rosincmas Drive
18 3546 Rosinoress Drive 43 3554 Rosincress Drive
18 800 Rosincress Court 44 3558 Rosincress, Drive
20 608 Rosincress Court 45 3682 Rosincress Drive
21 612 Rosincress Court 46 3586 Rosincress Drive
22 618 Rosincress Court 47 3570 Rosincress Drive
23 624 Rosincress Court 48 3674 Rosincress Drive
24 630 Rosincress Court 49 3578 Rosincress Drive
25 636 Roslncrees Court 5o 3582 Rosincress Drive
51 3588 Rosincress Drive
I
CO !TRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
ENGINEERING SERVICES DIVISION
COST AND TIME NOTIFICATION FORM
Cosh The Public Works Department collects deposits for map 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
usedo cover the costs accrued by our staff while processing your development. Your final cost could be more or less than
this gvera�e.
During the course of processing your development,there may be three(3)phases.
I: Application,map checking,improvement plan checking or compliance with conditions of approval.
Boar(1 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,yourproject 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: larranty period if development includes construction ofpublic 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 aLitems to the Board of Supervisors for approval, we will review your deposits and our staff
chars. If the charges exceed your deposit,you will be billed for the difference.Ifthe deposit on hand is less than our
estinr:rte of costs remaining,you will be required to increase your deposit. On completion ofyourproject,we will refund
any u,oused deposits.
It is inaportant 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
againt your deposit for each phase of development. The longer it takes to complete improvements,the more charges you
Will -obably 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 ce isnot overstate the,financial benefltr to you of construadng your improvements in a timely manner.
TiRe.,The time required to process your development through the Public Works Department can vary greatly depending on
the complexity of the project,the surrounding environment(age and adequacy of existing infrastructure,etc.)and your tum
around 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 submittals are
compfwte; '2) addressing all comments from staff; 3) returning your corrected documents back to the Public Works
Depay..ment 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.
Shoulr 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)313-2000.
Rave11 i i'?f:l!i!!!■!!!Ili!!!!!■!!!!■!!!!!!!■!!!■!i!■!!!!!!!!!!!!!!!i!!!!!!!!!i!!!!!!!,!!!!!!!!!!
I have.Dead,and understand,that the cost for processing my development is based on actual time and materials spent by the
Count ll,'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 Widerstand that processing can take a long time(6 months to 2 years or more)and it is my responsibility to insure that
adequate time is allowed for processing and that any rights I may have are protected.
(sigiatum otvevaloW) (gate)
(FGad Nsm) — —— DeveWp neat Ns>mbu
(if time 0:'of the essence for your development,your map check andlor improvement plan review may be placed on an accelerated scheduleforsOyo
fee prem um.For details of this premium processing service,please discuss this option with your map or plan checker.)
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