HomeMy WebLinkAboutMINUTES - 09202005 - C8 TO: BOARD,OF SUPERVISORS
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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 03-00027 (cross-reference Subdivision 99-08306), San Ramon(Dougherty Valley)area.
(District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND NSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/ 586 for DA 03-00027 (cross-reference Subdivision 99-0 8306), 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: % SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
✓APPROVE OTHER
SIGNATURES
ACTION OF BO ON SEPTEMBER 20, ZOOS APPROVED AS RECOMMENDED xx OTHER
VOTE OF SUPERVISORS I herebycerti that this is a true and correct
XX UNANIMOUS(ABSENT NONE certify
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
LT:rm date shown.
G:\GrpData\EngSvc\B0\2005\09-20\DA 03-00027 BO-45 DV.doc
Originator: Public Works(ES)
Contact: Teri Rie(313-2363)
I.D.95-2578030 Shapell
cc: Public Works -T.Bell,Construction Div. ATTESTED: SEPTEMER 20, 2005
-M.Valdes M&T Lab
H.Finch,Maintenance D'°. JOHN SWEETEN, Clerk of the Board of
-C.Mohammed,Engineering Svc.
-T.-Jury 20,2006 Supervisors and County Administrator
Sheriff-Patrol Div.Commander
CHP,c/o AI
CSAR—Cartog
Chris Low,City of San Ramon
2222 Camino Ramon San Ramon,CA 94583
Shapell Industries,Atm:Sam Worden By , Deputy
100 N.Milpitas Blvd.,Milpitas,CA 95035
National Fire Insurance Company of Hartford,Attn:Pamela L.Stocks
21650 Oxnard Street,Suite 600-4,Woodland Hills,CA 91367
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CONTRA COSTA Co Recorder Office
Recorded at the request of: STEPHEN L. WEIR Clerk-Recorder
Contra Costa County DOC.. 200 _0360191�00
Board of Supervisors
Return to: Wednesday, SEP 21, 2005 11:49:24
Public Works Department FRE $e.ee
Engineering Services Division Tt I Pd $01 00 Nbr-0002908360
lrclR9/1-9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 20, 20059 by the following vote:
AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema
9
NOES* None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2005/ 586
SUBJECT: Accepting completion of improvements for Subdivision Agreement(Right of Way
Landscaping)for DA 03-00027(cross-reference Subdivision 99-08306).,San Ramon
(Dougherty Valley) area. (District III)
These improvements are approximately located south of Bollinger Canyon Road along Main
Branch Alamo Creek.
The Public Works Director has notified this Board that the Right of Way Landscaping
improvements for DA 03-00027 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 03-00027 BO-45 DV.doc
Originator: Public Works(ES)
Contact: Teri Rie(313-2363)
Recording to be completed by COB I hereby certify that this is a true and correct copy
I.D.95-2578030 Shapell of an action taken and entered on the minutes of
cc: Public Works -T.Bell,Construction Div.
-M.Valdez,M&T Lab the Board of Supervisors on the date shown,
-H.Finch,Maintenance Div.
-C.Mohammed,Engineering Svc.
-T.—July 20,2006 ATTESTED: S_ ER 209 2005
Sheriff-Patrol Div.Commander
CHP,c/o Al
CSAA—Cartog JOHN SWEETEN, Clerk of the Board of
Chris Low,City of San Ramon Supervisors and County Administrator
2222 Camino Ramon San Ramon,CA 94583
Shapell Industries
100 N.Milpitas Blvd.
Milpitas,CA 95035
Attn:Sam Worden By
National Fire Insurance Company of Hartford Deputy
21650 Oxnard Street,Suite 600-4
Woodland Hills,CA 91367
Attn:Pamela L.Stocks
RESOLUTION NO.2005/586
SUBJECT: Accepting completion of improvements for Subdivision Agreement(Right of Way
Landscaping)for DA 03-00027(cross-reference Subdivision 99-08306),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
August 17, 2004 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment (labor and materials) surety for$173,150.00,
Bond No. 929299747 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 Main
Branch AlamoCreek 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 IT FURTHER RESOLVED that the beginning of the warranty and maintenance period
is hereby established,and the$3,500.00 cash deposit(Auditor's Deposit Permit No.424359,dated
May 11,2004)made by Shapell Industries,and the..perfor-ltl ce/maintenance surety bond rider for
$51,420.00, Bond No. 929299747 issued by National Fire Insurance Company of Hartford be
RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release
by this Board.
All deposit permits are on file with the Public Works Department.
RESOLUTION N0. 2005/586
CASURE Y DA-0027,Gale Ranch 111,(XREF SUB 8306)
INCREASE DECREASE RIDER
TCS BE ATTACHED TO and form part of Bond Number 929 299 747 issued by the
National Fire Insurance Company of Hartford .,as
Surety,on behalf of Sha e1I Industries of Northern Califomia,a Division of Sha 11 Industries,Inc.,a Delaware Corp. of
A
Milpitas, Ct-x hereinafter referred
to as the Principal, and in favor of County of Contra Coata
of Martinez,CA hereinafter
referred to as the Obligee, effective the 1 st day of August 2005
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 1st day of August and
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subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby **DECREASED** from the sum of
Three Hundred Forty Two Thousand Eight Hundred No/1 00** Dollars($ 3422800.00** ),to the
sum of Fifty One Thousand Four Hundred Twenty No/1 00** Dollars($ 510420.00**
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
sum of Three Hundred Forty Two Thousand Eight Hundred No/100** Dollars $ 342,800.00**
_
or for any loss occurring subsequent to said date shall not exceed the sum of
Fifty One Thousand Four Hundred Twenty No/1 00** Dollars($ 519420.00**
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)
1�
By ,,*t.-4-
By .�Oe 41 {Seal}
J. C, TRUEBRIE, ASST. V.P.
By (Sea
ROBERT Do MOORE, ASST. V
National Fire Insurance Company of Hartford
(S r ty)
Form F4763 t,Y 7 ?
By (Seal)
Pamela L. Stocks Attorncy-in-Fact
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On August 2, 2005,before me, Janice T. Kruse,Notary Public personally appeared,
J.C. Truebridge& Robert D. Moore 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.
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.IANICE T.KRUSE WI'T'NESS m hand and official seal.
Commission# 1318697 y
Notary Public-California
Scinto Clara County
My Comm.Expires Aug 24,Zoos --`" Si tore of Notary Public
Optional Information
Title or Type of Document: Decrease Rider Tract 8306-#929299747
Capacity Claimed by Signer: Assistant Vice Presidents of Shavell Industries,Inc.
I
POWER O►F 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 or 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
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 21 st day of March,2005.
Continental Casualty Company
National Fire Insurance Company of Hartford
Gwoure American Casualty Company of Reading,Pennsylvania
MY 310
SEAL
1897 Michael Gengler Sen' r Vice President
State of Illinois,County of Cook,ss:
On this 2 1 st 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 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.
1 A a ---
�Z 7OFFFIC.w SEAL
VJZA PR=
nMM=MAW W XX�
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Notary Public
My Commission Expires September 17,2005 Eliza Price
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 da yof AL1gus t 3'_2005
G _. ._
Continental Casualty Company
�� � ,� National Fire Insurance Company of Hartford
00WORATe American Casualty Company of Reading,Pennsylvania
JULY 319
o � :
SEAL
1897
Mary A.qikajokis Assistant Secretary
Form F6853-11/2001
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 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 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 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 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 axed 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 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,
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."
Slate of _ California
County of Los Angeles
0 August 1,2005 before me, Sandy Hanner-Notary Public
Oste NAME. TITLE OF OFFICER.,'JANE DOE. NOTARY PUBLIC"
personally appeared 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(s) is/in subscribed to the within instrument and acknowledged to me that
hslshe/tbodt executed the same in*ialherlflwir authorized capacity(ass), and that by kWherlr
signature(s)on the instrument the person(&), or the entity upon behalf o1 which the person(s) acted,
executed the instrument.
WITNESer y hand and official est.
.,�.; SANDY FIiaNNER
Commission#1362137
7 ,-+s Notary'Public-California SIGN RE OF NOTARY
Los Angeles County
My-cc�mr,.Ex�es Jul 2.Zoos OPTIONAL
WNW
Though the data below is not required by laws it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this forth.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
( j
INDIVIDUAL
( ) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) (j LIMITED
GENERAL
NUMBER OF PAGES
( X j ATTORNEY-[N-FACT
j
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) 4R ENTITY(IES)
National Fire Insurance Comfy of Hartford
SIGNER(S) OTHER THAN NAMED A80VE
a.1a7aza.g
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.
DI5QLOSURE 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
BOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible,
Form F7310