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Home My WebLink AboutMINUTES - 08012006 - C.03 SE L TO: BOARD OF SUPERVISORS Contra� �, FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR _ Costa , n S DATE: August 1, 2006 --- County SpA,CO SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 95-07984, 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) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/46 F for Subdivision 95-07984, accepting completion of improvements for Subdivision Agreement(Right-of-Way Landscaping),for project being developed by Shapell Industries ofNorthern 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, 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 a ed and t1he rranty period will not begin. Continued on Attachment:„ SIGNATURE: _,,OkECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE(S)- ACTION IGNATURES :ACTION OF B A ON f d7/ 6 APPROVED AS RECOMMENDED OTHER VOTE OF SUPE �sORS I hereby certify that this is a true and correct ✓ UNANIMOUS(ABSENT 67W C— ) AYES: _NOES: ' copy of an action taken and entered on the ABSENT: _ABSTAIN: minutes of the Board of Supervisors on the G:\EngSvc\BO\2006\08-01\SD 95-79134 BO-45 DV(Landscaping).doc date shown. TR:vz Originator: Public Works(ES) Contact:Teri Rie(313-2313) I.D.95-2578030 cc: Public Works A.Bell,Construction Div. ATTESTED: o/ � 1. Tegeron,Map Lab JOHN CULLEN, erk of the Board of -I.Bergeron,Mapping Div. T.Rie,Engineering Svc. Supervisors and County Administrator T.—June 1,2007 Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog Chris Low,City of San Ramon By ,Deputy 2222 Camino Ramon,San Ramon,CA 94583 Shapell Industries of Northern California 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:S.Worden and J.Gold National Fire Insurance Company of Hartford Recorded at the request of: STGr17G11-6. WL-111%1 %01r.1 1%—n%;%#W1 WLt "- Contra Costa County DOC— 2006-0244521-00 Board of Supervisors Return to: Wednesday, AUG 02, 2006 09:35:58 Public Works Department FRE $0.00 Engineering Services Division Tt 1 pd $0.00 Nbr-@003348070 lrc/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 1, 2006, by the following vote: AYES: Uillkema, Piepho,DeSaulnier, Glover and Gioia NOES: Name ABSENT: Name ABSTAIN: None --- - RESOLUTION NO. 2006/ SUBJECT:. Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping)for Subdivision 95-07984,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) These improvements are approximately located near N. Monarch Road. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Subdivision 95-07984,have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping)with Shapell Industries of Northern California,heretofore approved by this Board; G:\EngSvc\BO\2006\08-01\SD 95-7984 BO-45 DV(Landscaping).doc TR:vz Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB I.D.95-2578030 cc: Public Works A.Bell,Construction Div. I hereby certify that this is a true and correct copy of an - P.Tehaney,M&T Lab action taken and entered on the minutes of the Board of I.Bergeron,Mapping Div. T.Rie,Engineering Svc. Supervisors on the date shown. T.—June 1,2007 Sheriff-Patrol Div.Commander CHP,coo Al ATTESTED: CSAA—Cartog Chris Low,city of San Ramon JOHN CULLEN, Clerk fff the Board of Supervisors and 2222 Camino Ramon,San Ramon,CA 94583 Shapell Industries of Northern California County Administrator 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:S.Worden and J.Gold National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 By ,Deputy Phoenix,AZ 85016 RESOLUTION NO.2006/ "7`� SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping)for Subdivision 95-07984,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) DATE: August 1, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of August 1, 2006 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement (Right-of-Way Landscaping): DATE OF AGREEMENT NAME OF SURETY October 8, 2002 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,342,900.00, Bond No. 929 247 987 issued by the above surety be RETAINED for the six month lien guarantee period until February 1,2007,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 N. Monarch Road are ACCEPTED AS COMPLETE. Upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the landscape improvements for maintenance in,accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$26,900.00 cash deposit(Auditor's Deposit Permit No.391840,dated August 22, 2002) made by Shapell Industries of Northern California, and the performance/rriaintenance surety bond rider for"$398,820.00, Bond No. 929 247 987 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 2006/3?'0 9 SURETY Tract 7984, Gale Ranch II 11FINA INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 247 987 issued by the National Fire Insurance Company of Hartford as Surety, on behalf of Shapell Industries of Northern California a Division of Shapell Industries Inc. a Delaware Corp. of Milpitas, CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez,CA , hereinafter referred to as the; Obligee, effective the 13th day of August 2002 . IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 13th day of July 2006 ,'and subject to all the; terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby .**DECREASED'* — from the sum of Two Million Six Hundred Fifty Eight Thousand Eight Hundred No/100*** Dollars ($ 2,658,800.00*** ) to the SUM of Three Hundred Ninety Eight Thousand Eight Hundred Twenty No/100*** Dollars ($ :98.820.00*** ). 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 Two Million Six Hundred Fifty Eight Thousand Eight Hundred No/100*** Dollars ($ 2,658,800.00*** ) or for any loss occurring subsequent to said date shall not exceed the sum of Three Hundred Ninety Eight Thousand Eight Hundred Twenty No/100*** Dollars ($ 398.820.00*** ). In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sures, it being the intent hereof to preclude cumulative liability. SIGNED, SEALED AND DATED this 13th day of July,2006 Accepted By: Shapell Industries of Northern California, a Division County of Contra Costa of Shapell Industries, Inc., a Delaware Corp. (Princi ) By By 7v- L (Seal) By '� (Seal) National F re Insurance Company of Hartford (Sure`tv) - - — Form F4763 Bj amu-Lr. ✓�. l; v %- "— -- (Seal) Pamela L. Stocks, Attorney-in-Fact �.ra� vivr�:ni�.;�:�iw.5v.:v�;�,�vw vv. �, , i. , ii�i��:..i�;✓;vZi r�:r.,.r.�w,r. .ni.:^Sw.titiw,Z., N��i.; �v 'n�in'r;5vv.r:r`.-� v. , ✓ ' , CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On Jul 17 2006, before me, Janice T. Kruse,Notary Public personally appeared, J.C. Y 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. > _ WITNESS my hand and official seal. lCE KRUSE Commis �S JAN T. _ commission 1597428 •i Notary Public-Californias Santa Clara County Signature of Notary Public �< My Comm.E:Vies Aug 24,2 _ S� Optional Information Title or Type of Document: Decrease Rider- Tr. 7984 -Bond # 929247987 s> Capacity Claimed by Signer: Assistant Vice Presidents of Shapell Industries,Inc. <z >; r j r n,J/-. .:^-/i.//✓i; ,! "-Nei✓r/v✓lry , , %,../%�_% : _ 1. �. /i .., .. i.�i /.r.'✓ /' ./ /J.,; �V� -, N;�' 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,an Illinois 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 -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 10th day of March,2006. qty, GAS I ��y 01suContinental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania � v w N SEAL s 19R NAM.� � t 1897 NAM. • Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 10th day of March,2006,before me personally came Thomas P.Stillman 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,an Illinois 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' ; (MARIA M.IMEMA • Natry KMIc,Stet•at!No'nim • • i MY CfflWUtian E*M 3J15M : �"�'f . �lM✓ My Commission Expires March 15,2009 Maria M. Medina Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois 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 13th day of 3u1y 2006 GAsW�r �wsuContinental Casualty Company • ` .� ,� National Fire Insurance Company of Hartford GORPOAATe .WC �+4tro American Casualty Company of Reading,Pennsylvania H • '0 O a NLY 31. U SEAL 1897 HARD • a4' Mary A.Rtbikafjkis Assistant Secretary Form F6853-1112001 State of California County of Los Angeles y Ong 1 3, 2006 before me, Sandy Hanner- Notary Public Gate NAME, TITLE OF OFFICER.. -JANE OOE. NOTARY PUBLIC- 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(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/she/tom executed the same in Shia/her/ftir authorized capacity0ft), and that by hwher/ttMu signature(s) on the instrument the person(g); or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS hand and official seal. SANDY NAWN ER - ivy CorlWrAWsion# 1672602 ' CoNomb Lot AVON CW SIGNATU E OF NOTARY Lot*Comm.EtrttNw JuI 2.20t 0 OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the documen 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 (-4-) ATTORNEY-IN-FACT TRUSTEE($) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE (3.107426.9 t