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Home My WebLink AboutMINUTES - 09262006 - C.9 ..I TO: BOARD OF SUPERVISORS _ Contra 2 FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR o; Costa DATE: September 26, 2006 �o -r _ ST'`I COON' County SUBJECT: Accepting completion of improvements for Subdivision 99-08306, for project being developed by Shapell Homes,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. 2006/198 for Subdivision 99-08306,accepting completion of improvements,for project being developed by Shapell Homes, 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 Homes, A Division of Shapell Industries, Inc., a Delaware Corp., has completed the subdivision improvements per the Subdivision Agreement, and in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be arceted and the warranty period will not begin. Continued on Attachment:�—' SIGNATURE: ^"'` • L,RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE , ,<PPROVE OTHER c SIGNATURES ACTION OF BO D N•-SG ,-" ,bc P- Z APPROVED AS RECOMMENDED OTHER VOT F SUPER RS UNANIMOUS(ABSENT 107ls� ) I hereby certify 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:af date shown. G:\EngSvc\BO\2006\09-26\SD 99-8306 BO-45 DV.dcc Originator: Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by COB I.D.95-2578030 cc: Public Works -A.Bell,Construction ATTESTED, / ,G -1.Tehancy,geron Map Lab JOHN CULLEN, Clerk of the Board of -I.Bergeron,Mapping Div. -T.Ric,Engineering Svc. T.—July 26,2007 Supervisors and County Administrator SherilKPatrol Div.Commander CHP,c/o Al CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 By `--, Deputy Shapell Homes,A Division of Shapell Industries,Inc. 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:S.Worden&S.Savage National Fire Insurance of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela L.Stocks CONTRA COSTA Co Recorder Office STEPHEN L, WEIR, Clerk-Recorder Contra Costa County Accorded t the request of: DOC— 2005-0310459-00 Board of Supervisors Friday, SEP 29, 2006 10:06:25 Return to: FRE $0.00 Public Works Department Tt 1 Pd $0,00 Nbr-0003424119 Engineering Services Division Ire/RS/1—8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 26, 2006 by the following vote: AYES: Uilkema,Piepho, DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Accepting completion of improvements for Subdivision 99-08306,for project being developed by Shapell Homes, A Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) These improvements are appproximately located near Stone Leaf Road.) bash.,'Q-&� The Public Works Director has notified this Board that the improvements in Subdivision 99- 08306 have been completed as provided in the Subdivision Agreement with Shapell Homes, A Division of Shapell Industries, Inc., a Delaware Corp., heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of March 26,2006 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 July 11, 2003 National Fire Insurance of Hartford TR:af G:\EngSvc\BO\2006\09-26\SD 99-8306 BO-45 DV.doc Originator. Public Works(ES) Contact: Teri Rie(313-2363) I hereby certify that this is a true and correct copy of an Recording to be completed by COB I.D.95-2578030 action taken and entered on the minutes of the Board of cc: Public Works -A.Bell,Construction P.Tehaney,M&T Lab Supervisors on the date shown. - -I.Bergeron,Mapping Div. -T.Rie,Engineering Svc. �--- -mandery26,2007. ATTESTED: �4 �ti vwt�ei �oZG, �� Sheriff-Patrol Div.Commander CSAA°Cartog JOHN CULLEN, 6lerk of the Board of Supervisors and Chris Low,City of San Ramon County Administrator 2222 Camino Ramon San Ramon,CA 94583 Shapell Homes,A Division of Shapell Industries,Inc. 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:S.Worden&S.Savage National Fire Insurance of Hartford 2355 E.Camelback Road,Suite 500 B�/.l , Deputy Phoenix,AZ 85016 Attn:Pamela L.Stocks RESOLUTION NO.2006/ &-/p t SUBJECT: Accepting completion of improvements for Subdivision 99-08306,for project being developed by Shapell Homes, A Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) DATE: September 26, 2006 PAGE: 2 BE IT FURTHER RESOLVED the payment(labor and materials)surety for$3,193,800.00, Bond No. 929348514 issued by the above surety be RETAINED for the six month lien guarantee period until September 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 Dahila Court, Snowdrop Court, Maple Park Road, Berrylane View Drive,South Wedgewood Road,Cinnamon Ridge Road,Sweetviolet Drive,Sunrose Road,West Branch Road,Firpointe Street,Spicewood Lane,Nutmeg Park,Court for the hereinafter described public roads, 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 47-94, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths(Miles) Dahila Court 36'/56' .08 Snowdrop Court 36'/56' .08 Maple Park Court 36'/56' .08 Berrylane View Drive 36'/56' .14 South Wedgewood Road 36'/56' .20 Cinnamon Ridge Road 36'/56' .34 Sweetviolet Drive 36'56' .34 Sunrose Drive 36'/56' .18 West Branch Road 54'/74' .18 Firpointe Street 36'/56' .13 Spicewood Lane 36'/56' .08 Nutmeg Park Court 36'/56' .18 Sagewood Place 56' .08 Persimmon Lane 56' .05 Privet Place 56' .05 Cypress Road 56' .07 Upon acceptance by the Board of Supervisors,the developer,Shapell Homes,A Division of Shapell Industries, Inc., a Delaware Corp., shall retain the subdivision 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$63,900.00 cash deposit(Auditor's Deposit Permit No.450512,dated August 31, 2005) made by Shapell Homes, A Division of Shapell Industries, Inc., a Delaware Corp., and the performance/maintenance surety bond rider for$948,555.00,Bond No.929-348-514 issued by National Fire Insurance of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 2006/5f4' CUIVASU ET Tract 8306 Gate Ranch iti INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 348 514 issued by the National Fire Insurance Company of Hartford as . Surety, on behalf of Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp. of Milpitas, CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee, effective the 16th day of August 2005 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 5th day of September 2006 and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby *`DECREASED** — from the sum of Six Million Three Hundred Twenty Three Thousand Seven Hundred No/100*** Dollars($ 6,323,700.00*** ), to the sum of Nine Hundred Forty Eight Thousand Five Hundred Fifty Five No/100*** Dollars ($948,55.00*** ). 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 Six Million Three Hundred Twenty Three Thousand Seven Hundred No/100*** Dollars ($6,323,700.00*** ) or for any loss occurring subsequent to said date shall not exceed the sum of Nine Hundred Forty Eight Thousand Five Hundred Fifty Five No/100*** Dollars ($ 948,555.00*** ), 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 5th day of September, 2006 Accepted B Shapell Homes,A Division of Shapell Industries, Inc., County Of Co ra CO A Delaware Corporation �~ (Principal) By — By (Seal) By ! -- - (Seal) National Fire Insurance Company of Hartford Form F4763 (S ty) By (Seal) Pamela L. Stocks, 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 Attomey,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 14th day of February,2006. �GAS��r %NSUR4 �sAKro< Continental Casualty Company National Fire Insurance Company of Hartford H� r,ORPORAre o� a ; a `4ORP01Wro American Casualty Company of Reading,Pennsylvania y s JULY 71, a OJ SEAL 7897 NARK b • Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 14th day of February,2006,before me personally came Thomas P.Stillman to me known,who,being by me duly swom,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' • MARLA M.MEDINA i Notary Public, of • ,/1// �-W�`-�"L� �• • ` � � My Commiaaion FaExpiW ns 3/16/15 109 ; 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 5th dayof September— 2006 cnstJq�r 1NSU1?4*, Continental Casualty Company NSI �° '90� National Fire Insurance Company of Hartford FcoRP.AArF o� _ ; S�NcoavoagTfo 2 American Casualty Company of Reading,Pennsylvania Z o a JULY 31, _ o� SEALI a97 1100 s � 1902 Mary A. ika kis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On September 5, 2006 before me, Sandy Hanner-Notary Public Oate 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( is/mv subscribed to.the within instrument and acknowledged to me that he/she/tom executed the same in Nz/her/fteir authorized capacity0es), and that by hwher/tile* signature(s) on the instrument the person(5), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN1,z and and official al. BANDY WINNER Cor eiw N 1672602 SIGN A RE OF NOTARY r%A..Z Notary Pubft -Callfartda Los Anvew CatxitY W Cam.ExpYes.JU 2,2010 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 ATTORNEY-IN-FACT (_) TRUSTEE(S) (—) 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 G•107426.8 .,. , ��i✓. 'I� I.,✓v _... ,v .. %•� � //� � ^/. .. ✓, lin, ., /. ✓%..- .,'v. i./V: �j i� CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT > » i State of California County of Santa Clara s S� On September 6, 2006, before me, Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Ken Cox known tome to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, 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. JANICE L KRUSE Commission# 1597428 a y Notary Public-California D ~'�,C) i) e . �� l >` Santa Clara County �S tulyComm.Expires Aug 24,2009 Signature of Notary Public Optional Information Title or Type of Document:. Decrease Rider Tract 8306, Gale III l >Z Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of S Shapell Industries, Inc. » SS >j ?< iS �i �` Ii