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Home My WebLink AboutMINUTES - 09202005 - C7 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: September 20, 2005 SUBJECT: Accepting completion of improvements for Subdivision Agreement(Right of Way Landscaping) for DA 02-00014 (cross-reference Subdivision 95-07984), San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ 585 for DA 02-00014 (cross-reference Subdivision 95-07984)., accepting completion of improvements for Subdivision Agreement(Right of Way Landscaping)for project being developed by Shapell Industries of Northern 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 developer, Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp., has completed the landscape improvements per the Subdivision Agreement (Right of Way Landscaping), and in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be accepted and the maintenance/warranty period will not begin. Continued on Attachment:// SIGNATU .IZKECOMMENDATION OF COUNTY ADMIN OR R, d47 L 70IC7 RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER T SIGNATUREMe. ACTION OF BO ON SEPrEMBER 20, APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS NONE I hereby certify that this is a true and correct xx UNANIMOUS(ABSENT AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the LT:rtn date shown. G:\GrpData\EngSvc\B0\2005\09-20\DA 02-00014 BO-45 DV.doc Originator: Public Works(FS) Contact: Teri Rie(313-2363) I.D.95-2578030 Shapell cc: Public Works -T.Bell,Construction Div. ATTESTED: S PTEMER 20, 2005 -M.Valdez,M&T Lab -H.Finch,Maintenance Div. JOHN SWEETEN, Clerk of the Board of -I.Bergeron,Mapping Div. -C.Mohanwned,Engineering Svc. Supervisors and County Administrator -T.—July 20,2006 Sheriff-Patrol Div.Commander CHP,c%AI CSAR—Caztog Chris Low,City of San Barran 2222 Canino Ramon San Ramon,CA 94583 By ,Deputy Shapell Industries,Atte:Sam Worden 100 N.Milpitas Blvd.,Milpitas,CA 95035 National Fire Insurance Company of Hartford,Attn:Pala L.Stocks 21650 Oxnard Street,Suite 600-4,Woodland Hills,CA 91367 CONTRA COSTA Co Recorder Office STEPHEN L, WEIR Clerk-Recorder Recorded at the request of: DOC� 200 �03601 90�00 Contra Costa County Board of supervisors Wednesday, SEP 21, 2005 11:49:18 Return to: FRE $0.00 Public Works Department Tt 1 Pd $0.00 Nbrm@@02908359 Engineering Services Division I rc/RS/1=9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 20, 2005,by the following vote: AYES: Gioia,Piepho,UeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None .OLUTION NO., 2005/ 585 SUBJECT: Accepting completion of improvements for Subdivision Agreement(Right of Way Landscaping)for DA 02-00014(cross-reference Subdivision 95-07984),San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located along the west side of Dougherty Road. The Public Works Director has notified this Board that the Right of Way Landscaping improvements for DA 02-00014 have been completed as provided in the Subdivision Agreement (Right of Way Landscaping)with Shapell Industries of Northern California, a Division of Shapell Industries,Inc.,a Delaware Corp.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. LT:rm G:\GrpData\EngSvc\B0\2005\09-20\DA 02-00014 BO-45 DV.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Ten Rie(313-2363) action takenand entered on the minutes of the Board of Recording to be completed by COB I.D.95-2578030 Shapell Supervisors on the date shown. cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. ATTESTED: SEFICEMER 20, 2005 -I.Bergeron,Mapping Div. JOHN SWEETEN, Clerk of the Board of Supervisors and -C.Mohammed,Engineering Svc. -T.—July 20,2006 County Administrator Sheriff-Patrol Div.Commander CHP,c/o Al CSAR—Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 B y ,Deputy Shapell Industries 100 N.Milpitas Blvd. Milpitas,CA 95035 Atte:Sam Worden National Fire Insurance Company of Hartford 21650 Oxnard Street,Suite 600 Woodland Hills,CA 91367 Atte:Pamela L.Stocks RESOLUTION NO.2005/ 585 SUBJECT: Accepting completion of improvements for Subdivision Agreement(Right of Way Landscaping)for DA 02-00014(cross-reference Subdivision 95-07984),San Ramon (Dougherty Valley) area. (District III) DATE: September 20, 2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of September 20,2005 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 SURETY October 1, 2002 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials) surety for$235,900.00, Bond No. 929247999 issued by the above surety be RETAINED for the six month lien guarantee period until March 20,2006,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 on the West Branch of Alamo Creek are ACCEPTED AS COMPLETE.Upon acceptance by the Board of Supervisors, the developer, Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp., shall maintain the landscape improvements for five years in accordance with the Gale Ranch Mitigation Monitoring Plan. BE TT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$4,700.00 cash deposit(Auditor's Deposit Permit No.392399,dated September 4, 2002) made by Shapell Industries of Northern California, and the performance/maintenance surety bond rider for $70,065.00, Bond No. 929247999 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION N0. 2005/585 • SURE Y DA-0014,Gale Ranch 11,(XREF SUB 7984) INCREASE -DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 247 999 issued by the National Fire Insurance Company of Hartford A as Surety,on behalf of -Shapell Industries of Northem Califomia,a Division of Sha II Industries,Inc.,a Delaware Corp. -of Milpitas,CA hereinafter referred to as the Principal,and in favor of __Counter of Contra Costa of Martine, CA hereinafter referred to as the Obligee, effective the -1 st day of August 2005 IN CONSIDERATION of the premium charged for the attached bond and othergood and valuable consideration it is understood and agreed that effective the I St day of Aurju-qt 20D5 and %W subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby "DECREASED" — from the sum of Four Hundred Sixty Seven Thousand One Hundred No/100*** Dollars($ 467,100.00** _),to the sum of Seventy Thousand Sixty Five No/1 00*** Dollars($ 709065.00** }, 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 I sum of Four Hundred Sixty Seven Thousand One Hundred No/1 001Dollars($ 4671 00.00** }, or for any loss occurring subsequent to said date shall not exceed the sum of Seventy Thousand Sixty Five No/1 00*** Dollars($70yO65.00** 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 1 st day of August,2005 Accepted By: Shapell Industries of Northern California,a Division Countyof Contra Costa of Shapell Industries, Inc., a Delaware Corp. (Principal) By By Sea-11 J Cw R-U BRIWE, ASS4. VOP* By M;0 ROB T D* U 1--u; •ASS 0 0 National Fire Insurance Company of Hartford Form F4763 { U,rety) By,-, (Seal) Atto me v-in-Fact Pamela L. Stocks J I CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California `` County of Santa Clara �/' personally appeared, On August 2, 2005,before me,Janice T. Kruse,Notary Public •;.,• J.C. Truebridge & Robert D. Moore personally known to me to be the persons whose names are subscribed tothe within instrument and acknowledged to me that the y ,; �/� 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 -.f ,.�,; instrument. f: JANICE I KRUSE WITNESS my hand and official seal. >�: I commission# 1318697 Notary Public-California Santa Clara County My Comm.Expires Aug 24,2005 Si ature of Notary Public ii • Optional Information .; Title or Type of Document: Decrease Rider Tract 7984 #929247999 -��• ce Capacity Claimed by Signer: Assistant Vice Presidents of Sha elIndustries,In 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 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 instruments of similar nature -Io 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 21st day of March,2005. Continental Casualty Company National Fire Insurance Company of Hartford GoRPOq"*e � �r � a.wc�OiRor� � American Casualty Company of Reading,Pennsylvania SEAL 1897 AID Michael Gengler Sen?rVice President State of Illinois,County of Cook,ss: On this 21st day of March,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 instrument are such corporate seals;that they were so axed 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 PigCE � rarM+r sic.Rwn os r�a�ar Mr ao�oNoowa+e�nsios My Commission Expires September 17,2005 Eliza Price 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 1st day of Aueu s t Lr 9005 c,Ast� y�R � Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania MY 71. U $EAL 7897 � MA�" • Mary A.qikai6kis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On August 1,2005 before me, Sandy Hanner-Notary Public Osie NAM£, TITLE OF OFFICER,. 'JANE OOE. NOTARY PUBLIC" personally appeared Pamela L.Stocks NAMES)OF SIGNER(S) (X) personally known to me—OA—(._._)proved to me on the basis of satisfactory evidence to be the person(s) whose name( isles subscribed to the within instrument and acknowledged to me that bts/she/tit executed the same in /her/twit authorized capacityf�ss), and that by kiwJherl t signature(s)on the instrument the person($}, or the entity upon behalf of which the person(s) acted, executed the instrument. 1 WITNESS my hand and ial seal. SANDYHfWNER Commission#1362157 Notary Public-California r -d � SIGNA RE OF NOTARY Los Angeles County 1 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 (.!L) ATTORNEY-4NbFACT j TRUSTEES) (.w..) O OTHER DATE OF DOCUMENT SIGNER 1S REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) _National Fire Insurance Com(Zany Of Hartford now SIGNER(S) OTHER THAN NAMED ABOVE G-107426-5 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. DISQI.OSURE QF 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 LOS The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible, Form F7310