HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-268 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 25,2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.2004/ 268
SUBJECT: Approve the Second Extension of the Road Improvement Agreement along North
Gale Ridge Road, Road Acceptance 1083 (cross reference Subdivision 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
Northen California, a Division of Shapell Industries, Inc., A Delaware Corp. and the County for
construction of certain improvements in Road Acceptance 1083(cross-reference Subdivision 7796),
in the San Ramon(Dougherty Valley) area,through August 12, 2004;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100%
♦ ANTICIPATED DATE OF COMPLETION: December,2004
♦ REASON FOR EXTENSION: This project is in one-year warranty as of August 12,2003.
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 action taken
AR:rm and entered on the minutes of the Board of Supervisors on the date
G:\GrpData\EugSvc\BO\2004\05-25-04\RA 3083 BO-11-2.doc Shown.
Ortginator: Public Works(ES)
Contact: Teri Rie(313-2363) ATTESTED: MAY 25 2004
cc: Pubiic Works—T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County
Current Planning,Community Development Administrator
T—June 12,2004
Shapell Industries of Northern CA
Attn:S.Savage&S.Worden
100 N.Milpitas Blvd
Milpitas,CA 45035 By Deputy
American Casualty of Readling,PA
5820 Canoga Avenue,Suite 200
Woodland Hills,CA 41367
Attn:Pamela L.Stocks
RESOLUTION NO.2004/ 268
CONTRA COSTA COUNTY
ROAD ACCEPTANCE AGREEMENT EXTENSION
Development Number: RA 1083(cross-reference Subdivision 7796)
Developer: Shapell Industries of Northern California
Original Agreement Date: September 21,1999
Second Extension New Termination Date: August 12,2004
Improvement Security
Surety: American Casualty Company of Reading,PA
Bond No.(Date): 929097473(August 26, 1999)
Security Tyne Security Amount
Cash: $ 19,400.00(1%cash, $1,000 Min.)
Bond: $288,400.00(Performance)
The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County
and said Surety hereby gr th eto and acknowledge same. 12 2004
Dated: Dated: r
Shapell tries of Northern CA, a Division of Shapell Industries, Inc.,
A Delaware Corp. /3 y- 7
FOR C.ONT'R,,COSTA COUINT eveloper's Signature(s)
Maurice M. hiu,Public W rlts ct +" 77/a
i
By: �/ i� U Printed
Develope Signatures)
RECOMMENDED FOR A.AnOVAL:
By: Printed
(Engine(Engieeidgr S ices Division) 100 N. Milpitas Blvd.
Milpitas, CA 95035
Address
American Casualty Company
of Reading, PA
(NOTE: Developer's, Surety's and Financial Surety or Financial Institution
Institution's Signatures must be Notarized.) 5820 Canoga Avenue, Suite 200
_WbodLmd Bills, CA 91'1n7
FOAM APPROVED:VkA.,1,Wm ,Cw*yCa 1 -n
re
After-Amropal Return to Clerk-of the Board
Attorney in Facts Signature
Pamla T.. St:onlrm
Printed
.........................
POWER OF ATTORNEY A.PPOUMNG INDW DUAL 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,Pennsylvaiiin,a Pennsylvania corporation(herein called"the CNA Companies',
are duly organised and existing corporations having their principal offices inthe City of Chicago,and State of Illinois,and that they da by virtue of the
signatures and seals herein affixed hereby make,constitute and appoint
Pamela L Mocks,Beverly A Hall,Sandra'V Hanner,Individually
of Sherman Oaks,CA,their true and lawful,Attomey(s)-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 die 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 Senior Vice President and their corporate seals to be
hereto affixed on this loth day of October,2003.
Continerital Casualty Company
tl National Fire Insurance Company of Hartford
` o American Casualty Company of Reading,Pennsylvania
HMO
8EJ1t
tam
` Michael Oengler S Vice President
State of Illinois,County of Cook,ss;
d
who
On this 14th day of October,2003,before me personally came Michael Gengler to me known, ,being by me duly sworn,did depose ansay
that he resides in the City of Chicago,State of Illinois;that he is a Senior 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 said corporations;that the seals affixed to the said
to authority given by the Boards of Directors.of said corporations said that he
instrument are such corporate seals;that they were so affixed pursuant
signed his name thereto pursuant to like authority,and acknowledges sande to be the act and deed:of said corporations.
•
{7F UP 3EAL
ELtZA • I
2A PRtt:E
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woowwwwk �ewtnor
My Commission Expires September 17,2006 Eliza Price Nota Public
CERTIFICATE
I,Mary A.Ribikawskis,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
reverse hereo stillin force. In testimony wf�I have hereunto subscribed my name and affixed the seal of the said corporations this
� q�iLtt day of r
Continental Casualty Company
Ott d National Fire Insurance Company of Hartford
ami>ra � American Casualty Company of Reading,
Pennsylvania
)uLY if.
t3EJu. /}
lei Mary A. ika kis Assistant Secretary
Form F6853-11/2001
Authorizing By-Laws and Resolutions
ADOPTED By THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed purstuuit to and by authority of the fallowing By-Law duly adopted by the Board of Directors of the
Company.
"Article IX--Execution of Documents at any vice
Section 3. Appointment of Anomey-in-fact. The Chairman of the Bo actin�behal the president
in uthe execution of potive, senior or licies of
Pmident may,from time to time,appoint by written certificates at#orneys_ln_f�d to nat m f subject to the limitations set forth in their
insurance,bands, undertakings sud other obligatory instruments of like nature. Such attorneys -act. 1
respective certificates undertakings
authority,shall have full power to bind the Company by their signature and execution of any such matrome is and to attach the
too authority,
The hall have
of the Burd of Directors,the President or any Executive,Senior or Group Vice President or the Board of
seal of the Company t attorney-in-fact."
Directors,may,at any time,revoke all power and authority Previously Iiivat to any
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Hoard of Directors of the
Company at a meeting duly called and held on the 176 day of February,1993.
"Resolved,that the signature of the President or any Section 3 of Article Executive,Senior or Gmup Vice President and the seal of the Company may be affixed by
IX of the By-Laws, and the signature of the Secretary or an Assistant
facsimile on any power si attorney granted pursuant to
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power Arid 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 Vl__1E cecution of Obligations and Appointment of Attorney-in-Fact SenVice
Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the Pras�ident or any Executive, do of or pcnslic
President may, from time to time,appoint by written of
certificates attorneys-irn-fact to act in behalf of the Company the execution
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 arty 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-€act.,,
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 17a day of February,1993.
"lt esotvtxl,that the eigaaturt of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by
power sir attorney grantedaPr pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant
facsimile on any powand any power'or certificate bearing such
Secretary and the seal of the Company may be affixed
by facsitnilc to any certificate of any such power
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 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 Such
to act in bn-Factfsubject
b ec imitan in tions s forth in their respectiexecution of policies of ve certificcatesbonds,
of undertakings and
other obligatory instruments of like nature. Such Attorney- )
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
Presidd�nit,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."
s signed
This Power of Attorney and staled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
i
Company at a meeting duly called and held on the 17`a 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
power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,
Corporation may at affixed Se facsimile n any pow ration may be affixed by facsimile to any certificate of any such
199 and the signature of a Secretary or an Assistant Secretary and the seal of the Corpo Y �. An such ower so
power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the�h it is attached,continue tri
executed and sealed and certified by certificate so executed and sealed,shall with respect to any boned or undertaking
be valid and binding on the Corporation."
State of CALIFORNIA
County of LOS ANGELES
Can _- March 12, 2004 before me, Sandy Hanner �- Notary Public
DateNAME, TITLE OF OFFICER.,"JANE DOE, 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(g) whose name(*is/Amoubscribed to the within instrument and acknowledged to me that
bWshedtM executed the same in WW her/**IL authorized caPacityoea , and that by Nwher/Wo
signature#) on the instrument the person(!!), or the entity upon behalf of which the person(so acted,
executed the Instrument.
+—=c.:.. WITNE my hand and official seal.
SANDY ffdss Fi�R
mmissirJ -- ��
Con�t36F157
rNr Notary Public-C ftmiia SIC# Art1RE OF NOTARY
Los Angels County
MY Comm.Ems.lui 2006- - i OPTIC1NAt.
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 farm.
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 (?F PERSON(S) OR ENTITY(IES)
American Casualty Company
of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE
G-107428-S
NQ
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds and certain insurance policies on which one or more of the
Writing Companies identified below is the surety or insurer.
To principals on bonds and insureds on certain insurance policies written by any one
or more of the following companies (collectively the "Writing Companies") as surety
or insurer. Western Surety Company, Universal Surety of America, Surety Bonding
Company of America, Continental Casualty Company, National Fire Insurance
Company of Dartford,American Casualty Company of Reading, PA, The Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
1?i IS L QSURF Ole' P Ft�vr�Ur
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
alsCLO U E T R RT
L-QS ES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Paan P7310
>j
S �
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Claraz
On March 23,2004, before me,Janice T. Kruse,Notary Public personally appeared, >�
5� J.C.Truebridge& Mark Westphal personally known to me to be the persons whose }s
names are 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 they
)• I
>` instrument.
j> cin#E 1318697
�} vPO
ic-cam r WITNESS my hand and official seal. S
s >,
>> �� Sioature of Notary Public y�S
N-1
�
Optional In€ormation
S>
Title or Type of Document: Road Aceentanee Agreement Extension—Second
'< Extension—New Termination Date Tract 7 X96
�y
Capacity Claimed by Signer: Assistant Vice President&Assistant Secretary of
>;
Shaxrell Industries Inc.
l,;
CONTRA COSTA COUNTY
REQUEST FOR.ROAD ACCEPTANCE AGREEMENT EXTENSION
7Development Number: RA 1083 (cross-reference Subdivision 7796)
unable to complete your agreed to improvements within the one-year period originally granted by the Board of
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:
Thi;. ',`Xof ect is in 1car warranty anty as of 8/12/03
Please provide your anticipated date of completion: 12/04
Please provide your construction schedule:
N/A
Please provide us with your.Federal Tax ID Number: 95-2578030
(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:
Use additional a es,if necessary)
Assessor's Parcel Owner's Property Owner's Phone
Number Name Address Address
Number
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
ENGINEERING SERVICES DIVISION
COST AND 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 average.
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 improvementplans are approved,yourpro,ject immediately proceeds 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 MLitems 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 of costs remaining,you will be required to increase your deposit. On completion of yburproject,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 benefats to you of constructing 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.
■r�rRar�asn�srrir�r,r6r a■nsnrorrarmrm��o■a rirR��mrfrrnr"rrarfr■a aarM�r��aar�rrrr0r2arr
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.
ids 16 q
(Sigoatnre otDeveloper]
(Dart)
(Printed Name) Development Number
(If time is of the essence for your development,your map check andlor improvement plan review maybe placed on an accelerated schedule far So%
fee premium.For details of this premium processing service,please discuss this option with your map or plan checker.)
G:OryDxuEagSvclFmmeSLE WORMLE•t FORM.d.
Upd,iad MI