HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-269 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on May 25, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GRMBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.2004/ 269
SUBJECT: Approve the Second Extension of the Road Improvement Agreement(Right-of-Way
Landscape) 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(Right-of-Way Landscape)
between Shapell Industries ofNorthen 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: 99%
♦ ANTICIPATED DATE OF COMPLETION: May 1, 2004
♦ REASON FOR EXTENSION: Working on completion of punchlist items.
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
and entered on the minutes of the Board of Supervisors on the date
A?-rm
G:1CrpDatalPng5vc1Bb12004105-25-04\F A 1083 BO-11.doc shown.
Originator: Public Works(ES) MAY 25 2004
Contact,. Teri Rio(313-2363) ATTESTED: s
cc: Public 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 ofNorthem CA
Attn:S.Savage&S.Warden
100 N.Milpitas Blvd. ,Deputy
Milpitas,CA 45035 By ep ty
American Casualty of Readling,PA
5820 Canoga Avenue,Suite 200
Woodland Hills,CA 91361
Attn:Pamela L.Stocks
RESOLUTION NO.2004/ 269
CONTRA COSTA COUNTY
RIGHT-OF-WAY LANDSCAPE AGREEMENT EXTENSION
Development Number: RA 10$3(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). 929097490(August 31,1999)
Security Type Security_Amount
Cash: $ 1,300.00(1% cash,$1,000 Min.)
Bond. t $128,000.00(Performance)
$64,700.00(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 a th ii acknowledge same. —
Dated: Dated: March 12. 2004 -
pe us ries of Northern. CA, a Division of Shapell istries, Inc. ,
A Delaware Corp.
t .
FOR CONTRA COSTA COUN Develope s Signature(s)
Maurice M. Shiu,Public Works r for
By: C
Printed
Develo er's Signatures)
RECOMMENDED FOR AP AL:
By. Printed
(Engine rin exvic s sion) 100 N. Milpitas Blvd.
Milpitas, CA 95035
Address
American Casualty Carnpany
of Reading, PA
(NOTE: Developer's, Surety's and Financialure car Financial institution
I'nstitution's Signatures must be NotarizeiL) 0 Canoga Avetrue, Suite 200
W and Rills CA 91367
FORM APPROVED! u4
RO„ED:VkIWI.WnmC-1YCMW ;Addy
i
A fkr Approval Return to Clerk ofth¢Board
Attorney in Facts Signature
Pamela L. Stocks
Printed
POWER OF ATTORNEY APPOINTING IriDrVMUAL ATTORNEY-IN-FACT
Known 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 that they do by virtue of the
signatures and seals herein affixed hereby make,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V runner,Individually
of Sherman flaks,CA,their true and lawful Attorney(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 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 Senior Vice President and their corporate seals to be
hereto affixed on this 14th day of October,2003.
Continental Casualty Company
tr ,,
ofe(j ,
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
SEAL
Michael Gengler Se �VicePresident
State of Illinois,County of Cook,as:
On this loth day of October,2003,before the personally carne Michael Gengler to me known,who,being by me duly sworn,did depose and say:
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
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.
4OFF70IAL SEAL a
SLIZA PRICE
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My Commission Expires September 17,2006 Eliza Price Notary Public
CERTIFICATE
1,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 Attomey 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
printlpn 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
2th day of Harch , 2004
t Continental Casualty Company
National Fire Insurance Company of Hartford
eoru►osatr ,areae x American Casualty Company of Reading,Pennsylvania
+ ALY fir,
SEAL y p�
tam Mary A."i6kis 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 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 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 thererto. 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 17"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 attomeys411-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
givers 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 176 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 of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate beating 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,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 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 17"'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 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 March 12,2004 before me, Sandy Manner - Notary Public
Date NAME,TITHE OF OFFICER., "JANE DOE, NOTARY PUBLIC"
personally 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(a) whose name(*is/ilmoubscribed to the within instrument and acknowledged to me that
Wshe/Jr.executed the same in hWher/1XItauthorized capacity(isq, and that by NWher/t r
signature(%)on the instrument the person(s), or the entity upon behalf of which the persona) acted,
executed the instrument
r
� WITNES
SANDY HANNER y hand and official sial.
Commission*1362157
wi Notary Public-California
Los Angeles County SIONATURE OF NOTARY
My Comm.Expires Jul 2.2408 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
{ } ATTORNEWN•FACT NUMBER OF PAGES
{�} TRUSTEE(S)
GUARDIANICONSERVATOR
( �} OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S8 OR ENTITY(IES)
American Casualty ornpany
of_ eading, Pennsylvania SIGNER(S)OTHER THAN NAMED ABOVE
fi•r0isxd•9
NOTICE
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 Hartford,American Casualty Company of Reading, PA, The Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
DISCUSURR bF EREBILUX
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
DOCLOSUE R iT
LOSSES
SM
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
F"F7310
j SS
jS
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
�s State of Californias
County of Santa Clara
On March 23, 2004,before me,Janice T. Kruse,Notary Public personally appeared,
' p Y pp
J.C.Truebridge& Mark Westphal personally known to me to be the persons whose '
z names are subscribed to the within instrument and acknowledged to me that they
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executed the same in their authorized capacity, and that by their signature an the �s
s instrument the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
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Tod"t KR11SE
CoMmWW#1318697
s Callievnic
Sant�Counter -WITNESS my hand and official seal.
1VhtCamm2s.20
> i Signature of Notary Public
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Optional Information
s >>
Title or Type of Document: Rmht of Way Landscape Agreement Extension —Second
Extension—New Termination Date Tract 7796
Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of 's
`? Shapell Industries,Inc
2 :>
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CONTRA COSTA COUNTY
REQUEST FOR RIGHT-OF-WAS' LANDSCAPE AGREEMENT EXTENSION
Development Number: K.A. 1083 (cross-reference Subdivision 7796)
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:
Please provide your anticipated date of completion: C)- I IOLi
Please provide your construction schedule:
na on
dh
1 �
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.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:
Use additional a es,if necess
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 improvement plans are approved,your project 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 any 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 of costs remaining,you will be required to increase your deposit On completion ofyourproject,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 ofconstruct gg pour 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.
rrrrrrrrrrrrrrrrr■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
I have read,and understand,that the cast 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 understandthaprocessing can take a long time(6 months to 2 years or more)and it is my responsibility to insure that
adequate time is all ed fo wd that any rights I may have are protected.
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(Signature of aroyl t
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(Primed rievem
pment Number
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(If time is of the essence for your development,your map check andlor improvement plan review maybe 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.)
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