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Home My WebLink AboutMINUTES - 09262006 - C.5 F � J $� L TO: BOARD OF SUPERVISORS Contra`��=�-� �-`�•��' FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR g ?� Costa DATE: September 26, 2006 moo•; �`~ County ST9`COUK ," SUBJECT: Accepting completion of improvements for Neighborhood-2A/8 Open Space, Park Acceptance 02-00011 (cross-reference 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/-5`73 for Park Acceptance 02-00011 (cross-reference Subdivision 95-07984), accepting completion of improvements for Neighborhood-2A/8 Open Space,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 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 warranty period will not begin. Continued on Attachment:✓' SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE :,_kpPROVE THER SIGNATURE(S)-\A_�-� zV_gg�� ACTION OF B ON �'� G�f .� APPROVED AS RECOMMENDED OTHER Vo OF NAPE HORN UNANIMOUS(ABSENT I hereby certify if that this is a true and correct �`�� ) 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\RA 02-0011 BO-45 DV(PA).doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by COB I.D.95-2578030 li ATTESTED: cc: Public Works -Construction Div. -1.Tegero,Map Lab JOHN CULLEN, Clerk of the Board of -I.Bergeron,Mapping Div. T, JEngineering Svc. — u T,—July 26,2007. Supervisors and County Administrator - Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 S.Worden&J.Gold,Shapcll Industries ofNorthem California By , Deputy 100 North Milpitas Blvd.,Milpitas,CA 95035 National Fire Insurance Company of Hartford 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 DOC— r� / ! Board of Supervisors DOC— 2006—0310457-00 Return to: Friday, SEP 29, 2006 10:06:23 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0.00 Nbr-0003424117 lrc/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resoluiion on September 26, 2006; by the following vote: AYES: Uilkema,PieR4%DeSaulnier, Glover_ and Gioia NOES: None - ABSENT: None ABSTAIN: None _- RESOLUTION NO. 2006/ SUBJECT: Accepting completion of improvements for Neighborhood-2A/8 Open Space,Park Acceptance 02-00011 (cross-reference 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 Bollinger Canyon Road)b0*uaCAr , The Public Works Director has notified this Board that the improvements for Park Acceptance 02-00011 (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., a Delaware Corp., heretofore approved by this Board; TR:vz G:\EngSvc\BO\2006\09-26\RA 02-0011 BO-45 DV(PA).doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Rie(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 Construction Div. , -P.Tehaney,M&T Lab L I.Bergeron,Mapping Div. ATTESTED e,v,*,6L,-.v- gj; o0".6 T.Rie,Engineering Svc. JOHN CULLS Clerk of the Board of Supervisors and T.—July 26,2007 p Sheriff-Patrol Div.Commander County Administrator CHP,c/o Al CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Shapell Industries of Northern California By , Deputy 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/ �/ l SUBJECT: Accepting completion of improvements for Neighborhood-2A/8 Open Space, Park Acceptance 02-00011 (cross-reference 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: 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 April 1, 2003 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials)surety for$275,850.00,Bond No. 190 775 237 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 Neighborhood-2A/8 Open Space, the hereinafter described landscape 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$5,500.00 cash deposit(Auditor's Deposit Permit No.398256,dated December 31,2002)made by Shapell Industries of Northern California,a Division of Shapell Industries,Inc., a Delaware Corp. and the performance/maintenance surety bond rider for$81;930.00, Bond No. 190775327 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RFsoLLTlolw,wn._z�n_h�� CNASURETY PA 0011 (XREF SUB 7984) Parcel BB -N2 A/8 Open Space l i INCREASE - DECREASE RIDER s TO BE ATTACHED TO and form part of Bond Number 190 775 327 issued by the National Fire Insurance Compal of Hartford as C Surety, on behalf of Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp. of Milpitas, CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez,CA hereinafter referred to as the Obligee, effective the 19th day of December 2002 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 24th day of August 2006 , and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby "DECREASED" — from the sum of Five Hundred Fortv Six Thousand Two Hundred No/100*** Dollars($ 546,200.00*** ),to the sum of Eighty One Thousand Nine Hundred Thirty No/100"** Dollars ($_L1,930.00`*. ), IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the sum of Five Hundred Forte Six Thousand Two Hundred No/100"*" Dollars($ 546,200.00**" ), or for any loss occurring subsequent to said date shall not exceed the sum of Eighty One Thousand Nine Hundred Thirty No/100*** Dollars($ 81,930.00*** ) 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 Accepted Shapell Industries of Northern California,A Dvision of Shapell Industries, Inc., County of Co Osta A Delaware Corporation ~ (Principal) By Z By (Seat)' l P ' r,f J C. uebridge, Ast. V. By (Seal) Ken Cox, Asst. Secretary National Fire Insurance Company of Hartford Form F4763 O By _ '/f• ,� ��f"�----- (Seal) --- Gina O'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. CAS 01SUR4oe Continental Casualty Company ` e� National Fire Insurance Company of Hartford ' 'PO"�re 0 �V9WW4 0 ;R American Casualty Company of Reading,Pennsylvania 2 s JULY 11, , U SEAL t T= 199Z 1891 HARD • 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.MEDWA • Notary msio E*Staft M 1l5 • /��, `-W�✓ , '(.• • ` � My C•rnmiuion Espia x/16/09 i 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 28tbdayof August 2006 GAS tMLr t11SUR4Continental Casualty Company National Fire Insurance Company of Hartford Z CARP re 0"'eo�t-\w American Casualty Company of Reading,Pennsylvania 1897 HARD Mary A. Rt'bikafjkis 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 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 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 heCompany at a meeting duly called and held on the 17`h 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`h 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 Attorney-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`h 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 Date NAME, T)TLE OF OFFICER., "JANE DOE. 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/Ae subscribed to the within instrument and acknowledged to me that ke/she/tom( executed the same in)s/her/fair authorized capacity(iss), and that by leis/her/ signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESand and official eal. SAMN HANNER COR MAsIon# 1672602 et NatarY Public -ColHomb j SIGNAT RE OF NOTARY Los Angeles County Corm►Wket JJ 2,2010 r OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the docutnen 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 In-,urnnre Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426.8 )i rel Z< >? CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT >,> State of California �S County of Santa Clara On August 29, 2006 before me, Janice T. Kruse, Notary Public personally appeared, ;> J.C. Truebridge & Ken Coxpersonally known to me to be the persons whose names are }5 �> subscribed to the within-instrument and acknowledged to me that they executed the same z' 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 m hand and official seal. ?< r� Commission#1597428 •i Notary Public-California > Santa Clara County - - z My Comm.FxpiresAug24,2 Signature of Notary Public Optional Information S Title or Type of Document: Decrease Rider PA-0011, Tract 7984 - Parcel BB -N2 A/8 zOpen Space Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of z S; Shapell Industries,Inc. Sj �< ii ?1 )I '1 S? j> l) ��;r.�;rr...✓✓r.i�!✓ ✓ :r r ., r..-.r r.;r:_�>• r✓✓:N1 r-r �i=r � r ✓' r r✓✓,ir.�..,v..r r..w - ..;r r -= ✓, ✓r irr r. ✓. r.!., r. r:.. .,.7.. ... ,ter--, .✓'✓,r .. .y.., ,-r.r.%� �.�>i: ✓, ;v-✓r�i r...rr•�;r� ,. , �,-r r� ;