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HomeMy WebLinkAboutMINUTES - 09122006 - C.9 (2) � IIII III III I Ill 11 111 111 11 11 111 li llll l llll l 11 111 111 CONTRA COSTA Cc Recorder Office STEPHEN L, WEIR, Clerk-Recorder ' DDC— 2006-0289495-00 Recorded st the rnty of: i Contra Costa County. Board of Supervisors I FRE Wednesday,$ SE13, 2006 11:14:20 Return to: Public Works Department Tt 1 Pd $0.00 Nbr-0003400517 Engineering Services Division Ire/R 9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA I Adopted this Resolution on September 12, 2006 by the following vote: I AYES Uilkema, Piepho, DeSat lnier��Glover and Gioia NOES: None ABSENT: None ABSTAIN: None - --- -- _ I RESOLUTION NO. 2006/\3, SUBJECT: Accepting completion of improvements for South Monarch Road,Road Acceptance 03-01154, (cross-reference Subdivision 99-08306), for project being developed by Shapell Industries.ofNorthern California,A Division of Shapell Industries,Inc.,San Ramon (Dougherty Valley) area. (District III) i The Public Works Directory has notified this Board that the improvements for Road Acceptance 03-01154(cross-reference Subdivision 99-08306)have been completed as provided in the Road Improvement Agreement with Shapell Industries of Northern California, A Division of Shapell Industries, Inc., heretofore approved by this Board; I G:\I_ngSvc\BO\2006`,09-12\RA 03-1154 BO-15 DV(RI4).doc TR:vz Originator: Public Works(ES) I 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: I Public Works Construction Div. P.Tchancy,M&T lab 1.Bergeron,Mapping Div. ATTESTED: -T.Rie,Engineering Svc. I JOHN CULLEN Clerk of the Board of Supervisors and -T.—July 12,2007 Sheriff-Patrol Div.Commander County Administrator CHP,c/o Al CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94.583 Shapell Industries of Northern California i By , Deputy 100 N.Milpitas Bled. Milpitas,CA 95035 Attn:S.Worden National Fire Insurance Company of Hartford 2355 E.Camclback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela Stoks i RESOLUTION NO.2006/ i i . i I I I � SUBJECT: Accepting completion of improvements for South Monarch Road,Road Acceptance 03-01154, (cross-reference Subdivision 99-08306), 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 12, 2006 PAGE: 2 I � I NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of September 12,2006 thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: I DATE OF AGREEMENT NAME OF SURETY February 14, 2006 National Fire Insurance Company of ! Hartford • I ! BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,115,700.00, Bond!No. 929 348 491 issued by the above surety be RETAINED for the six month lien guarantee period until March 12,2006,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims ion file. BE IT FURTHER RESOLVED that South Monarch Road, the hereinafter described public improvements, as shown and dedicated for public use on the Final Map of Subdivision 99-08306, filed August 1, 2006, in Book 492 of final maps at Page 47-49, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road'Name i Road-RIW Widths Len tg hs (Miles) South'Monarch Road 54774' 0.60 Upon acceptance by the Board of Supervisors, the developer, Shapell Industries of Northern California,A Division of Shapell Industries,Inc.,shall retain the road improvements for maintenance and ownership during the warranty period. i I BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$22,300.00 cash)deposit(Auditor's Deposit Permit No. 444047,dated May 9, 20051)made by Shapell Industries of Northern California,and the performance/maintenance surety bond rider for$331,365.00,Bond No. 929 348 491 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. I i i I I � I � RESOLUTION NO. 200()/'`37" I I RA-1154 X-Ref SUB 8306,Gale Ranch III CMASURETY INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number—..—_ 929 348 491 issued by the National Fire Insurance Co�any of Hartford - - as Surety, on behalf of Sha_ell Industries of Northern California,a Division of Shapell Industries, Inc.,a Delaware Corp. ._of Milpita­SCA I hereinafter referred j to as the Principal, and in favor of _.Coun ty of Contra Costa of .Martinez, CA .-.-_.... hereinafter referred to as the Obligee, effective the I 19th day of April. 2005 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it I is understood and agreed that effective the 23Ld— day of May—, 2006, and I subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby _"*DECREASED" i _._ _-_ from the sum of I Two Million Two Hundred Nine Thousand One Hundred Noll 00... -. Dollars($2,?00100.00"'- ),to the sum of Three Hundred Thirty One Thousand Three Hundred Sixty Five No/100•'" _ Dollars ($331 365.00`•' ). IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the SUM'of _-Two Million Two Hundred Nine Thousand One Hundred_No/100•" _ Dollars($ 22(19100 09— ), or for any loss occurring subsequent to said date shall not exceed the sum of Three Hundred Thirty One Thousand Three Hund led Six Five No/100•" Dollars ($ 331,365.00"' ). 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 124th I day of May, 2006 I , Accepted By: Shapell Industries of Northern California, a Division County of Contra ost I of Shapell Industries, Inc., a Delaware Corp. --�---- - - -- ----- - � r, -- . (Principal) - BY -- — _ - BY - - - — ----. — .—(Seal) r{Gr. 6ZXS Scc. � � h BY - -.. _� —(Seal) National Fire Insurance Company of Hartford Form F4763 I /�XY' BY --- _ �lc� - -... _ (Seal) Gi a O'Shea Attorney-in-Fact I State!of California Los Angeles County of - � Sand Hanner- Nota Public On May 24,2006 before me. y Notary Date NAME. TITLE OF OFFICER., -JANE DOE. NOTARY PUBLIC' i 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 ke/sheA executed the same in:bae/her/*n*authorized capacity*w), and that by W/herJgror signature(1s) on the instrument the pei son( , or the entity upon behalf of which the person(sr) acted, executed the instrument. WITNESS y hand and offic' I seal. SANDY HANNER Commission#1362157 m Notary Public-California SIGNA RE OF NOTARY Los Angeles County My Comm.Expires Jul 2,Zoos OPTIONAL I 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. I CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (_.)I INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT I I (_) PARTNER(S) (_) LIMITED j (_) GENERAL NUMBER OF PAGES ( X ATTORNEY-IN-FACT (_) TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT I � SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NntinnalFira Inciiranct- Com Ra Ry of Hartford i SIGNER(S) OTHER THAN NAMED ABOVE G-107426-S I I - I I I � I I ... . . . .. ... ..:.. I j I I CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT j Stage of California County of Santa Clara On:May 25, 2006, before me, Janice T. Kruse, Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrumenIt and acknowledged to me that they executed the same In their authorized capacities, and(that by their signature on the instrument, the persons or they entity upon behalf of which the persons acted, executed the instrument. I I JANICE I KRUSE WITNESS my hand and.official seal. CommiWon# 1597428 \, Notary Public-Catlfomia ` �t Santa Clara County My Cum.EXP#wAug 24,2 I Signature of Notary Public jOptional Information i j Title or Type of Document: Decrease Rider RA-1154, Tr. 8306, Gale Ranch III i i I I I > Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of S6yell Industries, Inc. j I I I I I i � I I I I