HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-551 THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNT',CALIFORNIA
Adopted this Resolution on October 12,2004 by the following vote:
AWES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: DONE
RESOLUTION NO.2004/ 551.
SUBJECT: Approve the Third Extension of the Subdivision Agreement for Subdivision 97-
08133, San Ramon(Dougherty Valley) area. (District III)
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 improvements in Subdivision 97-
08133, in the San Ramon(Dougherty Valley) area, through April 15, 2005;
_APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100°la
♦ ANTICIPATED DATE OF COMPLETION: December 1, 2004
♦ REASON FOR EXTENSION: The Agreement expired during warranty period.
IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director
is APPROVED.
1 hereby certify that this is a true and correct copy of an
G:�Gr action taken and entered on the minutes of the Board of
G:1GrpLlata�ngSvcl$Ot2004�10-12-44\9L797-08133 BO-ll,doc
Originator, Public Works(ES) Supervisors on the date shown.
Contact: T,Ric(313-2363)
cc: Public Works-T,Bell,Construction
ATTESTED: 00TOBER 12. 2004
Cturent Manning,Comraut ity Development JOHN SWEETEN, Clerk of the Board of Supervisors and
T-February 15,2005 County Administrator
Sbapell Industries ofNonhem California
Attn:S.Savage,S Worden
100 N.Milpitas Blvd,
Milpitas,CA 95035
American Casualty Cornpany of Reading,PA By Q Deputy
Ann:Parnel L.Stocks -+� ,
tv
5820 Canoga Ave.,Suite 200
Woodland Hills,CA 91367
RESOLUTION NO. 2004/ 551
CONTRA COSTA COUNTY"
SUBDIVISION AGREEMENT EXTENSION
Development Number: Subdivision 8133
Developer: Shapell Industries of Northern California
Original Agreement Date: April 6,1999
Third Extension New Termination Date: April 15,2005
Improvement Security
Surety: American Casualty Company of Reading PA
Band No.(Date): 190723583(November 1.4,2003)
Security Tytae Securitv Amount
Crash: S 3,047.00(1%cash,$1,000 Min.)
Bond: S 45,200.00(Performance)
The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County
and said Surety bcrebagree her to and acknowledge same.
Dated: Dated: August 3,2004
_ Shapell Industries of Northern California,A Division
FOR CONTRA COSTA COUNT'
of Shapell Industries,Inc,,a Delaw e Corp.
Maurice M hiu,Public Works ector , -7
,.r~ o er's Signaturc(s)
y
printeT
RECOMMENDED P OVAL: ,,
A1411 k
By:
17evelrzp 's Signatures)
(Engmleeri ervices Division) t?YE
PrivVe4
#
100N. tit Ivd� Mi oiTa ;CA 250-35
(NOTE: Deveta er's Surety's Address
(�' Developer's, e#y s anti Financial
Iiast£tufivn`s Signatures must be Notarized.) American Casualty Company of Reading,PA
rORMArmo,nm 1.W�.a„,�,,.„ryC�um� Surety or Financial Institution
5820 Canoga.Avenue,Suite 200},Woodland Hills,CA 91367
A by.Ai aval Retism to Cterk o{tke Board
Addre
Attorney in Facts Signature
Pamela L. Stocks,Attorneyin-Fact_
Printed
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On August 5,2004,before me,Janice T. Kruse,Notary Public personally appeared,
J.C.Truebridge& Ken Cox personally known to me to be the persons whose names are
>5 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 the instrument. ;
JANICt`r."vuse
>< _ commi # 13186997 WITNESS m hand and official seal.
!Votary Public•cC�mornio y
Santa Clara county
;�.
law Com.fimins Auo24.2
Signature of Notary Public
Optional Information _
Title or Type of Document: C.C. County Subdivision Ap-reement-Tract 8133
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries,Inc.
............ ...
... ... ......... ..... _
.. .
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN—FACT
Know All Men By These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American
Casualty Company of Reading,Pennsylvania(herein►called"the CMA 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.Manner,individually
Of Sherman Oaks,California
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 simftar nature
—in Uniimlted 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,duty 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 Vice President and their corporate seals to
be hereto affixed on this 3rd day of August,2001.
Continental Casualty Company
o �aNational Fire Insurance Company of Hartford
+ American Casualty Company of Reading,Pennsylvania
SEAL ss i,
leo • �'� +e��.,�
Michael Gengler Group Vice President
State of Illinois,County of Cook,as:
On this 3rd day of August,2001,before me personally came Michael Gengier to me known,who,being by me duty sworn,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,National Fire
Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania 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.
OFFICIAL SM*
♦NNNN...s....N...a����
♦ ! i
�NMirMh�gNi.ii►i#�YifNZ
My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
I,Mary A.Rlbikawskis,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American
Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney herein above set forth is stilt 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 3rd day of
August 2004
# Continental Casualty Company
waORAft National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
JULY
v SEAL i,
IS97 1qN " e Vic+
(Rev. 1/23/01) Mary A RibikawskisAssistant Secretary
_.. __
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 duty adopted by the Board of
Directors of the Company.
"Article tX—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 fake 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 shat!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 W- ecutfon of Obligations and ApWntmervt of Aftornety-In-Fact
Section 2.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,undertakingsand other obligatory instruments of like nature.Such attomeys-irkact,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 seat 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-fact.*
This Power of Attomey is signed anc#seated by_;facslmile 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 pursra to Section 2 of Article VI of the By-Lags,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 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 GroupVice 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 pobcies of insurance,
bonds,undertakings acid 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-Fad."
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 VicePCesident 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, 1593 and the signature of a Secretary or an Assistant Secretary and the seat 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 August 3, 2004 before me, Sandy lianner - Notary Public
Date NAME,TITLE OF OFFICER., "JANE DOE.NOTARY PUSUC"
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/2ttwubsctibed to the within instrument and acknowledged to ane that
bWshe/AwW,executed the same in hilll;/her/ft0.authorized capacity(i , and that by XWherA§W
signatureo)on the instrument the person(S), or the entity upon behalf of which the person(o acted,
executed the instrument.
WITN S my�h�andofficial seat.
�'f H"ER
Commission*1362157
.w Notary Pubft-Caffon t SIGNATURE OF NOTARY
Los An9e138 County
My Comm.Expim JW 2. A06 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
{ ) ATTORNEY-Ifs-FACT NUMBER OF PAGES
{.._..) TRt STEE($)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Casualty Company
of Reading,Pennsylvania SIGNER(S)OTHER THAN NAMED ABOVE
o-�o7sza-e
TO: BOARD OF SUPERVISORS ]
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
.DATE: October 12, 2004
SUBJECT: A roving the Third Extension of the Subdivision A eernent for Subdivision 97-08133.
SPECIFIC REQUEST(S)OR RECdiulMENDATION(S)&13A KGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution.No. 2004/x_ for Subdivision 97-08133,approving the third extension of the Subdivision
Agreement, being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area.
{District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The second Subdivision Agreement extension has expired,therefore the developer is requesting a third extension.
CONSEQUENCES OF NEGATIVE ACTION:
With the Agreement expired, the developer will not be able to complete the improvements as per the original.
Subdivision Agreement.
Continued on Attachment:_„_ SIGNATURE:
.A COMMENDAiTION OF COUNTY MMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_,,,P'A PROVE OTHER
GNATU E S : at_e_�
ACTION OF'BO, N OMBER 12, 2004 APPROVED AS RECOMMENDED xx OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VOTE OF SUPERVISORSminutes of the Board of Supervisors on the XX UNANIMOUS(ABSENT NONE } date shown.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED:SWEETEN,Clerk
12, 2004
G:IGrpData!�EngSvc\BO\2004U0-12-04i,SD 97-08133 Order.doc JOHN `-"*r EETEN+,Clerk of the Board of
Orig.Div: Public Worts(ES) Supervisors and County Administrator
Contact: Teri Rk(313-2363)
cc: Public Works—T.Beit,Construction
Current Planning,Comurmty Development
T—February 35 2005 �{
Sttapelt Industries S ofge,S ern delifornia B ,Deputy p Y
100 N.
Savage,S Warden y De ut
100 Ti M4lpttas Blvd.
Milpitas,CA 95035
American Casualty Company of Reading,PA
Attm Parnell L.Stocks
5820 Canoga Ave.,Suite 200
Woodland Hills,CA 91367