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HomeMy WebLinkAboutMINUTES - 04042006 - C.8 fi0: BOARD OF SUPERVISORS Contra j = FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR x `., Cost a C tiiAluAa '.,IY DATE: April 4, 2006 Avco cs14 s, �oU���� county SUBJECT: Approving the Second Extension of the Subdivision (Right of Way Landscape)Agreement for SD 02-08631, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S)- ADOPT Resolution No. 2006/ �9 for SD 02-08631,approving the Second Extension of the Subdivision(Right of Way Landscape) Agreement for project being developed by Shapell Industries of No. California, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Subdivision (Right of Way Landscape) Agreement has expired and the improvement is currently under the warranty period. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision(Right of Way Landscape)Agreement guaranteeing completion of the improvements will not be renewed. Continued on Attachment: ✓ SIGNATURE: e4 W� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ✓.APPROVE OTHER SIGNATURE (S): ACTION OF BO?7 ON m APPROVED AS RECOMMENDED OTHER VOT F SUPERVISORS UNANIMOUS(ABSENT I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the BB:mr date shown. G:\GrpData\Eng$vc\BO\2006\04-04\SD 02-08631 BO-1 l.doc Originator: Public Worksr;/ 40 /) Contact: Teri Ric(313-236236 3) ATTESTED: p(�L� Bond No/Date:190775330,December 19,2002 cc: Public Works—Construction JOHN CULLEN, Clerk of the Board of Current Planning,Community Development T—February 15,2006 Supervisors and County Administrator Shapell Industries 100 N.Milpitas Blvd. Milpitas,CA 95035 Atm:Sam Worden National Fire Insurance Company of Hartford By , Deputy 2355 E.Camelback Road,Ste 500 Phoenix,AZ 85016 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on Apri14, 2006 by the following vote: AYES: Uilkema, Piepho, DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Approving the Second Extension of the Subdivision (Right of Way Landscape) Agreement for SD 02-08631, San Ramon (Dougherty Valley) area. (District 11) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision(Right of Way Landscape)Agreement between Shapell Industries of No. California,a Division of Shapell Industries,Inc.,a Delaware Corp.and the County for construction of certain improvements in SD 02-08631, in the San Ramon (Dougherty Valley) area, through April 15, 2006; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: September, 2006 ♦ REASON FOR EXTENSION: The Subdivision(Right of Way Landscape)improvement is under warranty until September 27, 2006. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. BB:mn I hereby certify that this is a true and correct copy of an action taken G:\GrpData\EngSvc\BO\2006\04-04\SD 02-08631 BO-1l.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: Teri Rte(313-2363) w- Bond No/Date:190775330,December 19,2002 cc: Public Works—Construction ATTESTED: Current Planning,Community Development JOHN CULLEN, Clerk of the Board of Supervisors and County T—February 15,2006 Shapell Industries Administrator 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:Sam Worden National Fire Insurance Company of Hartford f,, 2355 E.Camelback Road Ste 500 By ,Deputy _ Phoenix,AZ 85016 RESOLUTION NO.2006/ �� CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: Sub 02-08631 Developer: Shapell Industries of No. California, A Division of Shapeell Industries, Inc. A Delaware Corp. Original Agreement Date: April 15,2003 2nd Extension New Termination Date: April 15,2006 Improvement Securi", Surety: National Fire Insurance Company of Hartford Bond Number No. (Date): 190775330(December 19, 2002) Securih•T!-pe Secur•ih,Amount Cash: S 6,400.00 (1% cash,51,000 Min.) Bond : S 634,800.00 (Performance) S 320,600.00 (Labor S 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: Date : tenbW 27 5 �J FOR CONTRA COSTA COUNTY Developer's Signattn•e(s) Gu /✓� � Mauri M. Shiu, Pubfic Works Director I oAao— 1, oa E Printed y: 'n �� Dev per's Signature(s) RECOMMENDED FOR APPROVAL: PP eF& CA By: K � lb�tN. Milpitas Blvd. (Engr y Services Division) Milpitas, CA 95035 ' Address National Fire Insurance Company of Hartford Mv or Finane al Institution " E. Catneyback.Road, Suite 500 (NOTE: Developer's, Srrregl'.r and Financial Phoenix AZ 35016 Institution's Signatures must be Notarized) Address flltlf AYY•dl l\111 \k1.<J w—mn.(,� C,..! A1101-11e)' 111 Facts Signature After Approval Return to Clerk of the Board Gixia O'Shea , Attorney-in-Fact Printed 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 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 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`s 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—mExecution 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 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 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 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,Attomeys-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 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 17ih 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." 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 duty 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 sig natwes and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually of Sherrnan 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 belialf 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 12th day of September,2005. GAS 4T} OWN ,& Continental Casualty Company National Fire Insurance Company of Hartford ' co"°O1"*e S ~ �Neea►a+arro American Casualty Company of Reading,Pennsylvania ZI g � a IDLY 11. 4 v SEAL e Isu 1897 It(1gtf • dr' Michael Gengler Sen' r Vice President State of Illinois,County of Cook,ss: On this 12th day of September,2005,before me personally came 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 in 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. j 'OFFICIAL SEAL' MARIA M.MEIIMIANotary Public,Staft of NfineW : l i MY Cummittian 6•ira x/16109 My Commission Expires March 15,2009 Maria M.Medina Notary 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 printed on 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 27th day of Septet:lber 2005 GAsut<r tttsuR oaprw4sor�. Continental Casualty Company National Fire Insurance Company of Hartford co^oOR^Ye American Casualty Company of Reading,Pennsylvania //,/�SEAL < '� < vC.1897 11AP7F - Mary A.R(bikajokis Assistant Secretary Form F6853-11%2001 State of California County of Los Angeles On September 27, 2005 before me. Sandy Hanner-Notary Public Date NAME. TITLE OF OFFICER., 'JANE DOE. NOTARY PUBLIC" personally appeared Gina O'Shea NAME(S) OF SIGNER(S) (X) personally known to me - OR - (_._.) proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/Am subscribed to the within instrument and acknowledged to me that tme/she/tom( executed the same in)I*1her1*da authorized capacity(mes), and that by lams/her/9*0 signature(1s) on the instrument the person(I1), or the entity upon behalf of which the person(%) acted, executed the instrument. a SANDYHANNER WITNES y handand ctal seal. Commission#1362157 Notary Public-Califomia Los Angeles County SIGNA RE OP NOTARY My Comm.Expires Jul 2,,2006 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 (-X-) ATTORNEY-IN-FACT (_) TRUSTEE(S) (_) GUARDIAN/CONSERVATOR (—) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Natonnal Fora Insuranre Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G•tor•2e•e 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. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 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,yourproject immediatelyproceeds into the inspection phase whether or not construction actually begins, and all succeeding stafftime 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 anv 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 ofyour project,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 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. 7. m 0 a 000a00a0MEa00aa00a0EEazW0....00aME0a00a0M0a00000N20 a a E N 2 a a 00 z N 000 a F a a 00 a 00 a s 00 a 000 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 rocessing can take along time(6 months to 2 years or more)and it is my responsibility to insure that adequate time is all ed r processing and that any rights I may have are protected. n • /f�5 (Signature of Developer) (Date) KP�n coot �, 24.0 C�w15- 74- 4c�k fe,3I (Printed Name) Development Number (Iftime is ofthe essence for your development,your map check and/or 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.) G\r;TDaaV:nFWctFumeVE woartvx.1 FORM.Gc u,xiax am CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On October 3, 2005, before me, Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. JANICE L KRUSE Corgmission# 1597428 )SIX. -i Notary Public-C0111omia soma clava county / Si ature of Notary Public My Comm.EXPI S ug 24.200 Optional Information Title or Type of Document: Sudivision (Landscape)Agreement Extension 02-08631 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of_ Shapell Industries,Inc.