HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-068 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on February 4, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: SUPERVISOR DONNA GERBER
ABSTAIN: NONE
RESOLUTION NO.2003/ 68
SUBJECT: Approve the second extension of the Subdivision Agreement for Subdivision 8134,
San Ramon(Dougherty Valley) area. (District Ill)
The Public Works Director having recommended that he be authorized to execute the second
agreement extension which extends the Subdivision Agreement between Shapell Industries of
Northern California and the County for construction of certain improvements in Subdivision 8134,in
the San Ramon(Dougherty Valley) area,through June 15,2003;
♦ APPROXIMATE PERCENTAGE OF WORK.COMPLETE: 86%
♦ ANTICIPATED DATE OF COMPLETION: Expect to complete by 2003
♦ REASON FOR EXTENSION: Home Construction to begin in 2003
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
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G:1G9pDet&TzgSvc1BO\200312-04-03rSUB 8134 BO-1 l.doc
Originator: Public Works(m I hereby certify that this is a true and correct copy of an action taken and
Contact: T.Ric(313-2363) entered on the minutes of the Board of Supervisors on the date shown.
CC. Public Works—T.Bell,Construction
Current Plannin&CwnumnityDevelo rrr,rant ATTESTED: FEBRUARY 04, 2003
T-1.Gray 9-15-03 JOHN SWEETEN, Clerk of the Board of Supervisors and County
ShapeU Industries of biortbern California Administrator
Steve savage&Sam warden
P.O.Box 361169
100 Milpitas Blvd.
Milpitas,CA 95035
American Casualty Co.of Reading PA By Deputy
21650 Oxnard St,Suite 600
woodland Hills,CA 91367
RESOLUTION NO.2003/ 68
CONTRA COSTA COUNTY
SUBDIVISION AGREEMENT EXTENSION
Development Number: Sub 8134
Developer: Shapell Industries
Original Agreement Date: June 15, 1999
2nd Extension New Termination Date: June 15,200,'3
Improvement Security
SURETY: American Casualty Co.
BOND NUMBER(Date): 929088554(May 7, 1999)
Security Tyne Security Amount
Cash: $9,600.00(1% cash,$1,000 Min.)
Bond: $948,600.00 (Performance)
S 474,300.00 (Labor&Material)
The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County
and said Surety hereby agree thereto and acknowledge same. 8
Dated: 2"� ' Dated: Ju y�,, 2002
Shapell Industries of Northern California
FOR CONTRA COSTA COUNTY
Maurice M. Shiu,Public Works Tai t Deve per' ignature(s)
BY: a1H 4444i
Printed
100 N. Milpitas Blvd.
Milpitas, CA 95035
RECOMMENDED FORAL Address
Auerican Casualty Company of
By: IVReading, Pennsylvania
(Engineenng Invision) Surety or Financial Institution
21650 Oxnard Street, Suite 600
lls CA 91367
Address
(NOTE. Developer's, Surety's and Financial � �. '
(Aal,-.,
Institution's Signatures must be Notarized) Attorney in Facts gipature
FORM APPROVM.vi.r«,.Woul"Cwmq .,a Pamela L. Stocks
Printed
Aft r-Ageraval Return to Clerk of the je#d
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State ofOPTIONAL SECTION
County of p C� CAPACITY CLAIMED BY SIGNER
On 8 roc before me, t S Though statute does not
ATS NAME TME OF OFFICER E.G., JANE DOE,M TA.RY nMIJC In the data below,doing so
the a Invaluable
t0 le
` ( ` r g y Prove invaluable to
personally appeared persons relying on the document.
NAME(S)OF SIGNER(S) I V )UAL
e O _. ❑ CORPORATE OFFICER(
be the person($)whose name{aj'isAawsubscribed t sm
JANICE T KRU8E to the within instrument and acknowledged to Trti.E(s)
COMIrdasian#1318"697 me that helOAMWexecuted the same in ❑ PARTNERS) El LIMITED
IV Nt>tatry Pubiio-Callibornis hisihaW#Ah authorized capacity(se),-and that by D ❑ GENERAL
Santa Clam countyhisAmAheirsignatureW on the instrument the
:3 13 ATTORNEY-IN-FACT
My Came EkAW Aug 24,Aflfl t person(*or the entity upon behalf of which the r_: ❑ TRUSTEE S
personldJ acted,executed the instrument. , ❑ GUARDIAN/CONSERVATOR
WITNEU mytrial 1, ❑ ❑ OTHER:
SIGNER IS REPRESENTING:
t :
SIGNATURE OF NOTAR r (NAME OF PERSON(S)OR ID 1`iTY(IBS))
®❑ acknowledged to me that such corporatio ecu the within instrument pursuant to its by-laws t} "—•N , tVC_
or a resolution of its Board of Directors. -
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
ILre-attachment of this form
INSTRUCTIONS TO NOTARY
The following 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.
I. FOR ALL SIQN A.' -The name and interest of the signer should be typed or printed BENEATH the signature. The name
must a signed-exactly as it is typed or printed.
II. SIGNATURE§F -The name must be signed exactly as it is printe t or typed. The signer's interest in the
property must be stated.
Ill. SIQNAUMS gOR Ealtj S-Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bind the partnership.
N.
Documents should signed by two officers,one from each of the following two groups:
GROUP 1. {a)The Chair of the Board
({b))The President
c Any Vice-President
GROUP 2. a The Secretary
An Assistant Secretary
c The Chief Financial Officer
d The Assistant Treasurer
If signatures ofofficers from each ofthe above two groups do not appear on the instrument,a certified copy of a resolution of the Board
of Directors authorizing the person si . the instrument to execute instruments of the type in question is required. A currently valid
power of attorney,notanzedwill s ce.
Notarization 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 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 corporatkms having their principal offices In the City of Chicago,and State of Illinois,
and that they do by virtue of the signatures and seats herein affixed hereby make,constitute and appoint
Pamela L.Stocks,Beverly A.Hall,Sandra V.Hanner, Individually
Of Sherman Oaks,California
their true and lawful Attomey(syin-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 Whereat,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 19th day of March,2002.
ty,ALT
Continental Casualty Company
oO1�Os'cr+ National Fire Insurance Company of Hartford
Jay t, American Casualty Company of Reading,Pennsylvania
tllrJ
Michael Gengler Group Vice President
State of tiUrnois,County of Cook,ss:
On this 19th day of March.2002,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,an Illinois
corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,
Pennsylvania,a Pennsylvania corporation described In and which executed the above instrument;that he knows the seals of saki 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 saki corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of
said corporations.
----------------------
"OFFICIAL SEAL' ,
DIANE FALILKNEIt
Notary Public,Stoll of Illinois
I'My Commission Exores'P/17/05
11 1001000
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
I,Mary A.Ribikawskls,Assistant Secretary of Continental Casualty Company,an Illinois corporation,Nationel 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 primed on the reverse hereof is stili In force.in testimony whereof 1 have hereunto subscribed my name and affixed the seal of
the said corporations this 2nd day of July 2002 .
Continental Casualty Company
aa+e' rnr ,prose National Fire Insurance Company of Hartford
BEJIL American Casualty Company of Reading,Pennsylvania
NAY i1,
EA
Mary A.Ribilkawskis 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 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 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 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 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 Vi—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 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 attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the folipwing 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 or 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,A ri-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 foth 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 rawer 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
On Jul 2,--2 2 before me, Sandy iianner - Notary Public
Date NAME, TITLE OF OFFICER. 'JANE DOE. NOTARY PUBLIC'
personalty appeared Pamela L. Stocks
NAME(S)OF SIGNERS)
{X) personally known to me-OR - (_.._) proved to me on the basis of satisfactory evidence to be
the person(ts) whose name(O is/ mm3ubscribed to the within instrument and acknowledged to me that
kWshefihW executed the same in bda/her/ttt>a#t authorized capacity{fee� and that by Mwher/
signature{a) on the instrument the person(S), or the entity upon behalf of which the person(;o acted,
executed the instrument.
WITNE my hand and fficial seal.
SANDY RANNER
Commission#t tfiBb9",i
iNotary Pub!':-California
Z t cs Angeles County
SI{3hiATUiiE OF NOTARYd�
My Comm.Expires 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.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
(�) CORPORATE OFFICER.
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) (r.) LIMITED
GENERAL
y,UMBER OF PAGES
{
ATTORNEY-IN-FACT
{_...)
TRUSTEE(S)
GUARDIAN/CONSERVATOR
{._.._) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTITY(IES)
American Casualty Company
of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE
CONTRA COSTA COUNTY
REQUEST FOR SUBDIVISION AGREEMENT EXTENSIONN
Development Number: Sub 8134
If you were unable to complete your agreed to improvements within the one-year period originally,granted by the Board of
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:
Construction to begin in 2003.
003.PPlease provide your anticipated date of completion: Expect to have complete by 2003-
Please
lease provide your construction schedule:
95--2578030
Please provide us with your Federal Tax ID Number:
(It is mandatory that we have this number per Federal Tax Law for bonds and deposits that we refund.)
Please identify any parcel numbers and owners of lots within the development:
se additional pages,if necessary)
Assessor's Parcel Owner's Property Owner's Phone
Number Flame Address Address Number
STREET ADDRESSES
TRACT # 8134
SUMMIT BRIDGE @ GALE RANCH
LOT ADDRESS LOT ADDRESS
1 4566 LILAC RIDGE ROAD 35 5557 SATINLEAF WAY
2 4572 LILAC RIDGE ROAD 36 5553 SATINLEAF WAY
3 4578 LILAC RIDGE ROAD 37 5549 SATINLEAF WAY
4 4584 LILAC RIDGE ROAD 38 5545 SATINLEAF WAY
5 4590 LILAC RIDGE ROAD 39 5541 SATINLEAF WAY
6 4596 LILAC RIDGE ROAD 40 5537 SATINLEAF WAY
7 5404 HEATHERLAND DRIVE 41 5533 SATINLEAF WAY
8 5408- HEATHERLAND DRIVE 42 5529 SATINLEAF WAY
9 5412 HEATHERLAND DRIVE 43 5525 SATINLEAF WAY
10 5416 HEATHERLAND DRIVE 44 5521 SATINLEAF WAY
11 5420 HEATHERLAND DRIVE 45 5517 SATINLEAF WAY
12 5424 HEATHERLAND DRIVE 46 5513 SATINLEAF WAY
13 5428 HEATHERLAND DRIVE 47 5509 SATINLEAF WAY
14 5432 HEATHERLAND DRIVE 48 5505 SATINLEAF WAY
15 5436 HEATHERLAND DRIVE 49 5501 SATINLEAF WAY
16 5440 HEATHERLAND DRIVE 50 5576 SATINLEAF WAY
17 5444 HEATHERLAND DRIVE 51 5570 SATINLEAF WAY
18 5448 HEATHERLAND DRIVE 52 5566 SATINLEAF WAY
19 5452 HEATHERLAND DRIVE 53 15 SATINLEAF COURT
20 5456 HEATHERLAND DRIVE 54 25 ISATINLEAF COURT
21 5460 HEATHERLAND DRIVE 55 30 SATINLEAF COURT
22 5464 HEATHERLAND DRIVE 56 20 SATINLEAF COURT
23 5468 HEATHERLAND DRIVE 57 10 SATINLEAF COURT
24 5586 SATINLEAF WAY 58 5,546 SATINLEAF WAY
25 5590 SATINLEAF WAY 59 5542 1 SATINLEAF WAY
26 5595 SATINLEAF WAY 60 5538 ISATINLEAF WAY
27 5589 SATINLEAF WAY 61 5534 SATINLEAF WAY
28 5585 SATINLEAF WAY 62 5530 SATINLEAF WAY
29 5581 SATINLEAF WAY 63 5526 SATINLEAF WAY
30 5577 SATINLEAF WAY 64 5520 SATINLEAF WAY
31 5573 SATINLEAF WAY 65 5514 SATINLEAF WAY
32 5569 SATINLEAF WAY 66 5508 SATINLEAF WAY
33 5565 SATINLEAF WAY 67 5504 SATINLEAF WAY
34 5561 SATINLEAF WAY 68 5500 SATINLEAF WAY
CC: Construction
[er/strtaddrs/8134] 1 of 1 8/2199
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
ENGINEERING SERVICES DIVISION
COST ANIS TIME NOTIFICATION FORM
Cost: 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
used to cover the costs accrued by our staff while processing your development. Your final cost could be more or less than
this averare.
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.
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 pro,ject 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 a. nv items 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 ofcosts remaining,you will be required to increase your deposit. On completion ofyourprojeet,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 financial benefits to you of construetinr your improvements in a timely manner.
Time: 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 turn
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
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)313-2000.
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
I have read,and understand,that the cost for processing my development is based on actual time and materials 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(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.
�y
C, -2
(S*r t=ofrkvebper) (ie)
N— DcwWpnwW N
(If time is of the essence for your development,your map check andlor improvement plan review may be 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.)
Upduw wt