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HomeMy WebLinkAboutMINUTES - 08172004 - C19 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHILT, PUBLIC WORKS DIRECTOR DATE: August 17, 2004 SUBJECT: Accepting Completion of Improvements for Subdivision 98-08254 Right-of-Way Landscaping Agreement. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 450 for Subdivision 98-08254,accepting completion of improvements for Right- of-Way Landscaping Agreement, San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Developer has completed all improvements as required by subdivision agreement (right-of-way landscaping) for Subdivision 8254 (Gale Ranch Phase I). CONSEQUENCES OF NEGATIVE ACTION: Negative action would result in the delay in the process of acceptance and transferring public improvements to the City of San Ramon as outlined in the 1997 Memorandum of Understanding between.Contra Costa County,City of San Ramon, Shapell Industries, and Windemere. Continued on Attachment: SIGNATURE: t- ;,RECOMMENDATION OF COUNTY ADMINISTRATOR - _RECOMMENDATION OF BOARD COMMITTEE r =°'Af'PROVE OTHER SIGNATURES L" / ACTION OF BOA f')N , Z004 APPROVED AS RECOMMENDED XX OTHER e i� VOTE OF SUPERVISORS I hereby certify that this is a true and correct XX UNANIMOUS(ABSENI DISTRICT I 1 copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date Shown. G:\GrpData\EngSvc\BO%2004\08-17-04\RA 1137 BO-15 Order.doc Orig.Div: Public Works(ES) Rents to ti e omp(313-2363)B ATTESTED: AUGUST 17, 2004 I.D.95-2578030 cc: Public Works -T.Bell,Construction Div. JOHN SWEETEN, Clerk of the Board of Shapell Industries of Northern California �r �r 100 North Milpitas Blvd. Supervisors and County Administrator Milpitas,CA 95035 Attn:S.Savage,S.Worden,&J.Cold American Casualty of Reading,PA 5820 Canoga Ave.,Suite 200 Woodland Adis,CA 91367 City of San Raman By ��, Deputy Attn:Chris Low 3180 Crow Canyon Pl.,Ste 140 San Ramon,CA 94583 CONTRA COSTA Co Recorder Office STEPHEN L, WEIR, Clerk-Recorder Recorded st the request of: DOC— 2004-0365308-00 Contra Costa County r+r+ G7 �J�LI Board of supervisors Wednesday, SEP 22, 2004 09:24:00 Return to: !`RE $0.00 Public Works Department Tt 1 Pd $0.00 Nbr-0002346182 Engineering Services Division 1rc/R9/1-9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 17, 2004,by the following vote: AYES: SUPERVISORS UIUKEVIA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: SUPERVISOR JOHN GIOIA ABSTAIN: NONE RESOLUTION NO. 2004/450 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 98-08254, San Ramon (Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements in Subdivision 98-08254 have been completed as provided in the Subdivision Agreement with Shapell Industries of Northern California, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. JY:rm G:1GrpData\EngSvc1BO\2004108-17-041SD 8254 B045.doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by COB I.D.95-2578030 I hereby certify that this is a true and correct copy of an cc: Public Works -T.Bell,Construction Div. Shapell Industries of Northern California action taken and entered on the minutes of the Board of 100 North Milpitas Blvd. Supervisors on the date shown. Milpitas,CA 95035 Atm:S.Savage,S.Worden,&J.Gold American casualty of Reading,PA ATTESTED: AUGUST 17, 2004 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 91367 JOHN SWEETEN, Clerk of the Board of Supervisors and City of San Ramon Attn:Chris Low County Administrator 3180 Crow Canyon PI.,Ste 140 San Ramon,CA 94583 By , Deputy RESOLUTION NO.2004/ 450 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 98-08254, San Ramon (Dougherty Valley) area. (District III) DATE: August 17, 2004 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of August 17, 2004 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BAINWSURETY August 17, 1999 American Casualty of Reading,PA BE IT FURTHER RESOLVED the payment (labor and materials) surety for$315,750.00, Bond No. 190723728 issued by the above surety be RETAINED for the six month lien guarantee period until February 17, 2004, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements in Subdivision 8254 are ACCEPTED AS COMPLETE. Upon completion of the one-year warranty and maintenance period for the street landscaping, the San Ramon City Council shall accept the public improvements(street landscaping)for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. Upon completion of the park expansion improvement,PA 0012, the City shall accept the Subdivision 8254/PA 0012 pocket park for maintenance. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$6,379.00 cash deposit(Auditor's Deposit Permit No. 335763 ,dated July 30, 1999)made by Shapell Industries of Northern California and the performance/maintenance bond rider for$94,730.00,Bond No. 190723728 issued by American Casualty Company of Reading, PA be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2004/450 Executed in Triplicate Tract 8254 Crest Bridge CVA sumery Increase-Decrease Rider T O BE ATTACHED TO and form part of Sond Number 190 723 728 issued by the American Casualty Company of Reading, PA as Surety,on behalf of Shapell Industries of Northern California, a Division of Shapell Industries, Inc. of Milpitas, CA hereinafter referred to as the Principal,and in favor of County of Contra Costa of Martinez CA hereinafter referred to as the Obligee,effective the 27th day of July 1999 IN CONSIDERATION of the pretnlurn charged Ear the attached bond and other good and valuable consideration it Is understood and agreed that effective the 12th day of May 2004,and subject to all the terms, conditions and limitations of the attached bond,the penal sura thereof shall be and the same is hereby decreased from the sum of Six Hundred Thies One Thousand Five Hundred Twenty One No/100*** Dollars{ $631,521.00"* ) tothe sum of_ Ninety Four Thousand Seven Hundred Thirty No/100*** nollars IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, theagpregate#abiti of the Surety for an loss occurrirsg rlor to said date shall not exceed the sum of Six f�undred Thi One Thousand Five Hundred wentOne No/100*** Dollars{$631,521.00"_, ) or far any_loss occurring subsequent to said date shall not exceed the sura of Ninety Four Thousand Seven Hundred Thirty No/100*** Dollars($94,730.00*** } In no event,however,shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, It being the Intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATED this 13th day of May, 2004 . Accepted By: Shapell Industries of Northern California, a Division of County of Co a Cost _Shapell Industries, Inc. (Principal) (Seel) Ck TRUEBRI E, ASST. V.P . 9 : EN COX, ASST. SEC. American Casualty Company of Reading, PA � rely) (Seel) Pamela L. Stocks Attorney-in-fact SUR-23183-D POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know Ali Men By These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania therein 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 signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A. Hall Sandra V.Hanner individually Of Sherman Maks,California their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instnfinents of similar nature --In Unlimited Amounts--- and to bird them thereby as fully and to the same extent as K 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 c6rifimed. 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 Vice President and their corporate seals to be hereto affixed on this 3rd day of August,2001 ox Continental Casualty Company OOWMAre National Fire Insurance Company of Hartford . o American Casualty Company of Reading,Pennsylvania My St. f Michael Gengier Group Vice President State of Illinois,County of Cook,ss: On this 3rd day of August,2001,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,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. OWSPAULKNER « 'j frWrfY OWA16 i11Of iMriWr s >""logo �Ibyt wt7l01 `4.� My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A. Ribikawskis,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 still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on thearqe hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this tri day of 2004 +P 4 Continental Casualty Company National Fire Insurance Company of Hartford JUL American Casualty Company of Reading,Pennsylvania + Y SEA. � Mary A.Ribikawskis Assistant Secretary (Rev. 1/23101) 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 1X—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 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 Yi--Execution of Obligations and Appointment of Attorney-in-f=act 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 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 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 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 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 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 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 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." _....__...._..... - .-......_..................................................................................................................................................................................................................................................... ............................................................................................................................................................................................................................................................................................................................ Stain of California County of Los Angeles On May 13,2044 before me, Sandy Banner -- Notary Public Date NAME, TITLE OF OFFICER- "JANE DOE, NOTARY P LIC personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) ( } personalty known to me-OR - (,.,a._) proved to me on the basis of satisfactory evidence to be the person(s)whose name(: islAxwubscrlbed to the within instrument and acknowledged to me that b*she/JW executed the same in kdr/her/UnIt.authorized capacity(, and that by f Ther/* signature(s)on the instrument the person(S), or the entity upon behalf of which the person(a) acted, executed the instrument. to 't- sAN �r t ANNE t� yViTNEtmandand o#fici 1. Commission#1362157 NotaryPublic-California Los Angeiea County Sl{3NA tai=C3F NC1TAf ly 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 (. o) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ( ) PARTNER(S) (_ ) LIMITED ( ) GENERAL OL) ATTORNEY-IN-FACT NUMBER OF PAGES { ) TAUSTEE(S) (_ .) GUARDIAN/CONSERVATOR ( ...) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)American Casualty company of ReadirIg, Penns vania SIGNER(S) OTHER THAN NAMED ABOVE G-�c�s3s-e 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 (collectivd].y the "Writing Companies") as surety or insurer.Western Surety Company,Universal Sursty of America, Surety Banding Company of America, Continental.Casualty Company, National lire Insurance Company of Hartford,American Casualty Company of beading, PA,The Firdmen's Insurance Company of Newark, NJ, and The Continental.Insurance Company. The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ( 0.00). TERROBIM The united,Mates will pay ninety percent(90%) of covered terrorism losses exceeding the applicable suretylinsurer deductible. Farm PM10 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On May 17, 2004, before me, Janice T. Kruse,Notary Public personally appeared,J.C. Truebride & Ken Cox personally known to me to be the persons whose 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 the instrument. —.tis CommW on*1318697 'KITNESS my hand and official seal. sonic Ctcaro Comet+ MAm vcoe .tx;* tAug44, -- 8ign4ture of Notary Public Optional Information Title or Type of Document: Increase/Decrease hider Bond# 190-723-728,Tract 8254 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shaaell Industries,Inc.