The URL can be used to link to this page

Home My WebLink AboutMINUTES - 09122006 - C.4 (2) Con.TO: BOARD OF SUPERVISORS a'"��--�` `'F�==='F' FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR 101Costa DATE: September 26, 2006 o `av1 County 5� h .: SUBJECT: Accepting completion of improvements for open space landscaping, Park Acceptance 02-00007 (cross-reference Subdivision 95-07984), for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon (Dougherty Valley) area. (District III) SPEC-IF1C REQUES1'(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSI.11-ICATION RECOMMENDATION(S): .ADOPT Resolution No. 2006/ for Park Acceptance 02-00007 (cross reference Subdivision 95-07984), accepting completion of improvements for open space landscaping, for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., 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., has completed the park improvements per the Subdivision(Right-of-Way Landscaping)Agreement,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 warrant period will not begin. Continued on Attachment: L/ SIGNATURE: -�f'�'� -4,-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ✓�CPPROVE OTHER SIGNATURE (S): ACTION OF BV ON APPROVED AS RECOMMENDED OTHER voT OF SUPERVISORS I hereby certify that this is a true and correct V07/0 -� UNANIMOUS(ABSENT zn ) AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the TR:vz date shown. G:\EngSvc\60\2006\09-26\PA 02-0007 BO-45 DV(PA).doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) I.D.95-2578030 cc: Public Works -A.Bell,Construction Div. ATTESTED -P.Tehaney,M&T Lab ? -1.Bergeron,Mapping Div. T.Rie,Engineering Svc. JOHN CULLS , Clerk of the Board of -T.—July 26,2007 Sheriff-Patrol Div.Commander Supervisors and County Administrator CHP,c/o Al CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ranwn,San Ranton,CA 94583 S.Worden&J.Gold,Shapell Industries of Nurthem California 100 North Milpitas Blvd, Milpitas,CA 95035 By , Deputy. National Firc Insurance Company of Hanford 2355 E.Camelback Road,Suite 500,Phoenix,AZ 85016 - CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder Contra Costa County D Board of Supervisors OC— 2006-0310458-00 Return to: Friday, SEP 29, 2006 10:06:20 Public Works Department FRE $0.00 Engineering Services Division Tt l Pd $0.00 Nbr-0003424118 Irc/R9/1-S THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September-26, 2006. 3v.the following vote: AYES: - Uilkema.-P_i_epho, DeSautnier.Glover _u+d Gioia-. .. NOES: Notre ABSENT: Notre ABSTAIN: Notre - - RESOLUTION NO. 2006/ `� SUBJECT: Accepting completion of improvements for open space landscaping,Park Acceptance 02-00007 (cross-reference Subdivision 95-07984), for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries,Inc., San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Bollinger Canyon Road, /VA e^brei,. t '8o I 1:,-3.&,r The Public Works Director has notified this Board that the improvements for Park Acceptance 02-00007 (cross reference Subdivision 95-07984)have been completed as provided in the Subdivision (Right-of-Way Landscaping) Agreement with Shapell Industries of Northern California, a Division of Shapell Industries, Inc., heretofore approved by this Board; 'I R:vz G:\LngSvc\BO\2006\09-26\PA 02-0007 BO-45 DV(PA).doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Ric(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 A.Bell,Construction Div. P.Tchancy,M&T lab L r 1.Bergeron,Mapping Div. ATTESTED:c4��ry:P Jei�� -T.Ric,Engineering Svc. JOHN CULLEN,'Clerk of the Board of Supervisors and -T.-July 26,2007 p Sheriff-Patrol Div.Commander County Administrator CF1P,c/o Al CSAR-Cartog Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 By , Deputy Shape]]Industries of Northern California 100 North Milpitas Blvd Milpitas,CA 95035 Attn:S.Worden&J.Gold National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 p RESOLUTION NO.2006/ \6 X3 SUBJECT: Accepting completion of improvements for open space landscaping,Park Acceptance 02-00007 (cross-reference Subdivision 95-07984), for project being developed by Shapell Industries of Northern California,a Division of Shapell Industries,Inc., San Ramon (Dougherty Valley) area. (District III) DATE: September 26, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of September 26,2006 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision (Right-of-Way Landscaping) Agreement: DATE OF AGREEMENT NAME OF SURETY June 28, 2005 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials)surety for$35,500.00,Bond No. 929 348 484 issued by the above surety be RETAINED for the six month lien guarantee period until March 26, 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 Park Acceptance 02-00007(cross-reference Subdivision 95-07984), the hereinafter described as landscape area is ACCEPTED AS COMPLETE. Upon acceptance by the Board of Supervisors, the developer shall retain the landscape improvements for maintenance and ownership during the warranty period. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$1,000.00 cash deposit(Auditor's Deposit Permit No.443334,dated April 26, 2005)made by Shapell Industries of Northern California,and the performance/maintenance surety bond rider for$10,500.00, Bond No. 929 348 484 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RC.S OI_l:I TION AD. .0061✓�& CMASURETY PA-0007 (XREF SUB 7984) Gale Ranch II INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number —_ 929 348 484 issued by the National Fire Insurance Company of Hartford___ ----- —...---.._.--...,---- --- .—._., as Surety, on behalf of Shapell Industries of Northern California,a Division of Shapell Industries, Inc.,a Delaware Corp. of Milpitas CA —_.-.— hereinafter referred to as the Principal, and in favor of _Coup of_Contra Costa__ of __Martinez, CA — _ —, hereinafter referred to as the Obligee, effective the 10th day of ___ March —_ — 2005 IN CONSIDERATION of the premium charged for the attached bond and other good.and valuable consideration it is understood and agreed that effective the 24nd day of__--August-: — __—_.__2006., and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby _"DECREASED" from the sum of Seventy Thousand No/100***_ ---- —_.--_ Dollars ($ 70,000.00***_ ) to the sum of Ten Thousand Five Hundred No/100***_— Dollars($ 10,500.00*** ) 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 _..Seventy Thousand No/100*** Dollars ($ 70,000.00*** i_) or for any loss occurring subsequent to said date shall not exceed the sum of _— Ten Thousand Five Hundred No/100*** Dollars ($ 10,500.00*** ) 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 28th day of August, 2006 Accepte Shapell Industries of Northern California,A Dvision of Shapell Industries, Inc., Co 2 of C I Costa A Delaware Corporation -- —— —--- -- ---- —— — — -- ---- — ———-- (Principal) i By ;�—---- -- -- -- BY 'Seal) Truebridge,- t. V. P. BY s ---- �.._..— —--- (Seal) Ken Cox, Asst. Sec. National Fire Insurance Company of Hartford � (Surety)'•..^�% Form F4763 By /_/� -- `— -'vC!� —.._-.. Seal Gina 'Shea, Attorney-in-Fact 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 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 10th day of March,2006. GAS u,�tr %xsuR4 ®rt+ Continental Casualty Company '� National Fire Insurance Company of Hartford ate+:°ire bAmerican Casualty Company of Reading, Pennsylvania 0SEAL "�1897 #HM 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.1iEDINA ; • Naw Public,sua of 116M miu311 .• ,/�// �•W�^✓ ' •L• �'"�_'tom./ i My Comion Emiw 3/1610Y 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 28th dayof August 2006 GAstLltr tKsuR Continental Casualty Company National Fire Insurance Company of Hartford ' cA++°O1uTe �w�a"a+arFo American Casualty Company of Reading,Pennsylvania o 9 Z $ 19 lu31' t) OSEAL 'ZC '�,� � �! ` 1902 a ` 7897 MARS • Mary A. Rikafjkis 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 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 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 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 17"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 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 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 17`"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 By-Law duly adopted by the Board of Directors of the Company. "Article VII-=Execution of Documents Section 3. Appointment of Attomey-in-Fact. The Chairman of the Board of Directors, the President of any Executive or Senior 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 Chairman of the Board of Directors, the President or any Executive, Senior 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" 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 August 28,2006 before me. Sandy Hanner- Notary Public Oate NAME. TITLE OF OFFICER.. 'JANE OOE. NOTARY PUBLIC' personally appeared Gina O'Shea . 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( is/am subscribed to the within instrument and acknowledged to me that bre/she/t3,+ executed the same inhis/her/*u* authorized capacity(bes), and that by lbs/her/tr W* signature(s) on the instrument the person(g), or the entity upon behalf of which the person(sr) acted, executed the instrument. WITNES my hand and offic' eal. SANDY FWNlER , COrT1mIS M# 1672602 NO 'PuAnge ea Co / SIGNA URE OF NOTARY LosMy Ccrrrrn.Eq*w Jul 2,2010 OP710NAL 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 (_x .) ATTORNEY-IN-FACT (�) TRUSTEE(S) (_) GUARDIAN/CONSERVATOR (_) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Natinnal Fire f S aDrc-Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-1Ora2B•e CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On August 29, 2006 before me, Janice T. Kruse, Notary Public personally appeared, J.C. Truebridge & 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'. JANICE t KRUSE WITNESS my hand and official seal. < Commission# 1597428 Notary Public-California ' Santa Clara County 6110V Comm.ExpiresAug24,2009 Signature of Notary Public' Optional Information Title or Type of Document: Decrease Rider PA-0007, Tract 7984 - Gale II Capacity Claimed by Signer: Assistant Vice President & Assistant Secretary of Shanell Industries, Inc. ss