HomeMy WebLinkAboutMINUTES - 09132005 - C24 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: September 13, 2005
SUBJECT: Accepting completion of improvements for Right of Way Landscaping, Subdivision 02-08632,
San Ramon(Dougherty Valley) area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/ *54 7 for Subdivision 02-08632,accepting completion of improvements for Right
of Way Landscaping,for project being developed by Shapell Industries ofNorthern California,a Division of Shapell
Industries, Inc., San Ramon(Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S);
The public Right of Way Landscape Improvements have been installed as required by the improvement plans and in
conformance with the county ordinance code.
CONSEQUENCES OF NEGATIVE ACTION:
The improvements will not be accepted as complete and the beginning of the warranty period will not be established.
Continued on Attachment: ✓ SIGNATURE:. 1W
..�COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
..j,�PROVE OTHER
SIGNATURE(S):
ACTION OF BO ON
APPROVED AS RECOMMENDED.,L< OTHER
VOTE OF SUPERVISORS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT copy of an action taken and entered on the
44V7 Coo -
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
LT:nn
G:\GrpData\EngSvc\B0\2005\09-13\SD 02-08632 B045.doc
Originator: Public Works(ES)
Contact: Teri Rie(313-2363)
I.D.95-2578030
Aa
cc: Public Works -T.Bell,Construction Div. ATTESTED.
-M.Valdez,M&T Lab
-H.Finch,Maintenance Div. JOHN SWEETEN, Clerk of the Board of
-
I.Bergeron,Mapping Div.
-T.Rie,Engineering Svc. Supervisors and County Administrator
-T.—July 13,2006
Sheriff-Patrol Div.Commander
CHP,c/o,AI
CSAR—Cartog
Shapell Industries By Deputy
100 N.Milpitas Blvd.
Milpitas,CA 95035
Attn:S.Worden,J.Gold,S.Savage
National Fire Insurance Company of Hartford
100 N.Milpitas Blvd.
Milpitas,CA 95035
Attn:Marie A.Cook
CONTRA COSTA Co Recorder Office
Recorded at the request of: STEPHEN L. WEIR Clerk-Recorder
Contra Costa County DOC� 200 �'0351108'�00
Board of Supervisors Wednesday, SEP 14, 2005 15:16:03
Return to: FRE $0.00
Public Works Department Tt I Pd
Engineering Services Division $0 00 Nbr-0002898303
1rcIR9li-9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 13, 2005,by the following vote:
AYES: Gioia,Piephog DeSaulnierg Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2005/���
SUBJECT: Accepting completion of improvements for Right of Way Landscaping,Subdivision
02-08632, San Ramon(Dougherty Valley) area. (District III)
These improvements are approximately located near Bollinger Canyon Road and N.Monarch
Road.
The Public Works Director has notified this Board that the improvements in Subdivision 02-
08632have been completed as provided in the Subdivision Agreement(Right of Way Landscaping)
with Shapell Industries of Northern California, a Division of Shapell Industries, Inc., heretofore
approved by this Board in conjunction with the filing of the Subdivision Map.
LT:rm
G:\GrpData\EngSvc\BO\2005\09-13\SD 02-08632 BO-45.doc I hereby certify that this is a true and correct copy of an
Originator: Public Works(ES) A of
Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of
Recording to be completed by COB
I.D.95-2578030 Supervisors on the date shown.
cc: Public Works -T.Bell,Construction Div.
-M.Valdez,M&T Lab /�
%='0%! coo V
-H.Finch,Maintenance Div. ATTESTED: 0
-I.Bergeron,Mapping Div. JOHN SWEETE , Clerk of the Board of Supervisors and
-T.Rie,Engineering Svc.
-T.—July 13,2006 County Administrator
Sheriff-Patrol Div-Commander
CHP,c/o Al
CSAR—Cartog 1&4V
Shapell Industries By a Deputy
100 N.Milpitas Blvd. V
Milpitas,CA 95035
Attn:S.Worden,J.Gold,S.Savage
National Fire Insurance Company of Hartford
100 N.Milpitas Blvd.
Milpitas,CA 95035
Attn:Marie A.Cook
RESOLUTION NO.2005/ �`
SUBJECT: Accepting completion of improvements for Right of Way Landscaping,Subdivision
02-08632, San Ramon (Dougherty Valley) area. (District III)
DATE: September 13, 2005
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of September 13,2005 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 BANK/SURETY
June 14,, 2005 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment (labor and materials) surety for$23 1,110.00,
Bond No. 929270257 issued by the above surety be RETAINED for the six month lien guarantee
period until March 13,2006,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 02-08632 are ACCEPTED as COMPLETE.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the $4,600.00 cash deposit (Auditor's Deposit Permit No. 409204 , dated July 24,
2003) made by Shapell Industries of Northern California and the performance/maintenance surety
bond rider for $68,642.85, Bond No. 929270257 issued by National Fire Insurance Company of
Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code
until release by this Board.
The developer will maintain the landscape improvements during the one year maintenance
and warranty period.
All deposit permits are on file with the Public Works Department.
✓Pe�3,o/«,Tori
SNA
SURETY
Tract 8632, N-10, Renaissance, Gale Ranch II
INCREASE -DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 929 270 257 issued by the
National Fire Insurance Company of Hartford , as
Surety,on behalf of Shapell Industries of Northern California,a Division of Shapell Industries Inc of
Milpitas, CA , hereinafter referred
to as the Principal,and in favor of _County of Contra Costa
of Martinez, CA , hereinafter
referred to as the Obligee, effective the 1 0th day of July 2003
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 6th day of _ April - --I2005 and
subject to all the terms, conditions and (imitations of the attached bond, the penal sum thereof shall be and the
same is hereby ""DECREASED"'* _from the sum of
Four Hundred Fifty Seven Thousand Six Hundred Nineteen and No/100"" Dollars($ 457,619.00"* ) to the
sum of Sixty Eight Thousand Six Hundred Forty Two and 85/100*' Dollars($ 68,642.85** �.
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the
attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the
sum of _Four Hundred Fifty Seven Thousand Six Hundred Nineteen and No/100** Dollars($457,619.00** �
or for any loss occurring subsequent to said date shall not exceed the sum of
Sixty Eight Thousand Six Hundred Forty Two and 85/100"' Dollars($68,642.85*`
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 6th day of April, 2005
Accepted By: Shapell Industries of Northern California, a Division
County of Cont Costa of Shapell Industries, Inc.
(Principal)
><
By BY (Seal)
ROBD. MOORE, ASST. V.P.
BY (Seal)
KEih COX, ASST. SEC.
Nati?2� ire Insurance Company of Hartford
Form F4763 ;r j�� 7 (SU y)
g�- ,-�`�"t�� ,� .. (Seal)
Pamela L.Stocks Attorney-in-f=act
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 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 Hanner,Gina O'Shea,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
0'
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 16th day of April,2004.
AS 4 Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
Xd JULY 319
Sm
t 897 NSA
dd==
Michael Gengler S eni r'Vice President
State of Illinois,County of Cook,ss:
On this 16th day of April,2004,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 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 SEAL
ELIZA PRICE )AN4;
1101rMy PUBM STAT 1 Of:X4018C
wnr c. 21 18 ON 804m:"h?"
Notary Public
My Commission Expires September 17,2006 Eliza Price
CERTIFICATE
L 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
6th day of April 2005
GAS Continental Casualty Company
tri. �
National Fire Insurance Company of Hartford
csowo"rr
Vow American Casualty Company of Reading,Pennsylvania
My 312
SEAL
Mary A.R ikajokis Assistant Secretary
Form F6853-11/2001
AuthorizingBymLaws 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 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 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 heli on the 17'hday 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 an 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 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 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 heli on the 17`h 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,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`h 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 April 6,2005 before me, Sandy Hanner-Notary Public
Date NAM£, TITLE OF OFFICER.. 'JANE DOE.NOTARY PUBLIC"
personally appeased Pamela L.Stocks
NAME(S)OF SIGNER(S)
(X) personally known to me—OA—(...,,_)proved to me on the basis of satisfactory evidence to be
the person(s) whose name(*) is/mar subscribed to the within instrument and acknowledged to me that
bca/she/tb"executed the same in*islher/fbiair authorized capacityfbse), and that by hiv1herl#W
signature(s)on the instrument the person(#), or the entity upon behalf o1 which the person(s) acted,
executed the ittsttument.
SANDY HAWNER W{rnE /Lmh�nd and al seal.
Commission#t 1362157
-s Notary Public-Cagfom'ia 4" StGNA RE OF NOTARY
Los Angeles bounty
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
�..._�
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) ( j LIMITED
� )
GENERAL
(.2..) ATTORNEY•IN-FACT NUMBER OF PAGES
USTEE(S)
(—)
GUARDIAN/CONSERVATOR
(_...) OTHER
DATE OF DOCUMENT
soon
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
National Fire Insurance C:mmj2ian4Qf Hartford
Nkomo SIGNER(S) OTHER THAN NAMED ABOVE
a.1o7aza-e
N 0 T I Cj".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 (callediv6ly 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 Inswrance Company.
?)ISCLOSURE OF PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
DISCLQSURE--OF FEDERAL PARTICIPATION IN PAYMEI�LT OF TER,RORISM
LQSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Form FI310
XI/
C
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State'of California
County of Santa Clara ,1
>l
4n April 7,2005,before me, Janice T. Kruse,NotaryPublic personally appearedr
Robert D. Moore and Ken Cox known to me to be the persons whose name are
�
subscribed wi 'n ian acknowled ed to me that theyexecuted the samesubsc bed towithin d g
� in their authorized capacities, and that by their si ature on the ins ent, the persons or
p �
the entit u on behalf of which the persons acted, executed the ins ent.Y p .,
�r
S
.aANIcE T.KRUSE WITNESS my hand an official seal. rr
Commission# 1318697 %
Notary Public-California ;;
Santa Clara county "' r?
My Comm. Aug 24,2005
Signature of Notary Public �
InformationOptional
�1
Title or Type of Document: Increase/Decrease Rider Renaissance Tract8632
5`
>> Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shavell Industries,Inc.
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