HomeMy WebLinkAboutMINUTES - 07242007 - C.11 TO: BOARD OF SUPERVISORS r-=G__ Contra,
FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR CostaV'7
I
DATE: Jul
y 24, 2007 County
SUBJECT: Accept completion of landscape improvements for Subdivision Agreement (Right-of-Way
Landscaping) for Park Acceptance 02-00008 (cross-reference Subdivision 95-07984), for project
being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San
Ramon (Dougherty Valley) area. (District III)
SPECIFIC:RI::QU1:S I(S)OR RECOMMI'.N1)AlION(S)S,BACKGROUND AND JUSTI 1;1CA]10N
RECOMMENDATION(S):
ADOPT Resolution No. 2007/,3<f4/.' for Park Acceptance 02-00008 (cross-reference Subdivision 95-07984),
accepting completion of improvements for Subdivision Agreement(Right-of-Way Landscaping), for project being
developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty
Valley) area. (District II1)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECONIN ENDATIONN:
The developer, Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., has completed the
landscape improvements per the Subdivision Agreement(Right of Way Landscaping), and in accordance with Title
9 of the County Ordinance Code.
CONSEQUENCES OF NEGATIVE ACTION:
The completion of improvements wila not be accepted and the maintenance/warranty period will not begin.
Continued on Attaclhment:-,SIGNATURE: �^M
_4,eRECONIMENDAT'ION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
��PPROVE OTHER
SIGNATURES�. _/
ACTION OF B A DON V APPROVED AS RECOMMENDED J OT HER_
VOT F SUPL ISORS
UNANIMOUS(ABSENT 1 hereby certify that this is a true and correct
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABS'T'AIN:_ minutes of the Board of Supervisors on the
I R:v
G:`•.I:ngSvc`•BO�2007'•.07-24\BO-45 DV(Lan&scaping)PA 02-0008.doc date shown.
Originator: Public works(ES)
CO.'tact: Teri Rie(313-1363)
1 D.95'578030
cc: Public Works P Tehancv.M&1'lab
Bergeron,Mapping Div.
I. Leong,Lngincering Svc. ATTESTED:
-
Tder•'_4.'_008
ShrJOHN CULL erk of the Board of
rifi Patrol Di,.Convnanandrr � �
crlr,C:0.41
CSAA-C:nt„g Supervisors and County Administrator
C'htis Low,(:nv of San Ramon
2222 Canino It;unun,SL m Ramon,CA 94583
Shapell I lontes
100 N.Milpmts Blvd, %lilpims.CA 95035
Attn:Jirn Gold and Sam 14'nrden and Steve Stvaee
National Fire IrISrIralCe Company of I latford By , Deputy
2355 F.Canelback Road,Suite 500, Phoenix..AZ 85016
Attn:Pamcla Stocks
• IIII III III I III II III III III'll ll llllll l lll�l 11 111 111
CONTRA COSTA Co Recorder Office
RecSTEPHEN L. WEIR Clerk-Recorder
Contra Cded at the request of: DDC— 200lT-0214230-00
Comm Costa County
Board ol'Supervisors- Wednesday, JUL 25, 2007 13:57:51
Return to: FRE $0.00
Pogue eningWorks rvicestnen` Tt 1 Pd $0,00 Nbr-0003795940
Engineering Services Division '
Irc/R9/1-8
I
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 24, 2007 by the.following vote:
AYES:I Gioia, Uilketna, Bonilla,
Glover and Piepho
NOES: None
ABSENT: None
ABSTAIN:.None i
'--- — RESOLUTION NO. 2007/ -9P�V
SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement
(Right-of-Way Landscaping) for Park Acceptance 02-00008 (cross-reference
Subdivision 95-07984),for project being developed by Shapell Homes,a Division of
Shapell industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area.
(District 111)
These improvements are approximately located near Monarch Road.
The Public Works Director has notified this Board that the Right-of-Way Landscaping
improvements for Park Acceptance 02-00008 (cross-reference Subdivision 95-07984), have been
completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Shapell
Homes,a Division of Shapell Industries, Inc.,a Delaware Corp.,heretofore approved by this Board;
FR:vz
G:\GnScc'BO''2o0T,07-'_4`•,130-45 DV(Lt11dscapio2)PA 02-0008.doc
Originator: Public Works(L•S)
Contact:Teri Ric(313 2363)
Recording to be completed by COB
1.i):95-257,8030
cc: PLtblie Works A.Bell,Construction Div. I hereby certify that this is a true and correct copy of an
P.Tchancy,NUT Lab action taken and entered on the minutes of the Board of
I.13crveron,\gapping Div. '
i..Lcono,Frt,gmccrt.tg see. Supervisors on the date shown.
T. \gay 24,2008
Shcriff l'arrol Div.Commander
Cl IP,';10
o AIfj�
CSAR Cartog ATTESTED: r cif
Chcis Low.City of San Rano" JOHN CULLE Cl c of the Board of Supervisors and
1221 Camino Rauuon,San Ramon,CA 94583
Shapell Ilumcs County Administrator
100 N.Milpitas Dlvd
Milpitas,CA 95035
Aun:Jim Gold and Sam 1t-orden and Steve Saeage
National Fire Insurance Company of I lartl6rd
2355 E.Canu:lback Road.Suite 500 By Deputy
Phoenix,A% 85016
Atm:Pamela Stocks
RESOLUTION NO.2007/��Y'
SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement
(Right-of-Way Landscaping) for Park Acceptance 02-00008 (cross-reference
Subdivision 95-07984), for project being developed by Shapell Homes,a Division of
Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area.
(District III)
DATE: July 24,'2007
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the landscape improvements have been
COMPLETED as of July 24,2007 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
February 14, 2006 National Fire Insurance Company of
Hartford
BE IT FURTHER RESOLVED the payment (labor and materials) surety for$823,050.00,
Bond No. 929270291 issued by the above surety be RETAINED for the six month lien guarantee
period until January 24;2008,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
.Monarch Road are ACCEPTED AS COMPLETE. Upon acceptance by the Board of Supervisors,
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 period is hereby
established, and the $16,500.00 cash deposit (Auditor's Deposit Permit No. 455576, dated
December 8, 2005) made by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware
Corp.,and the performance/maintenance surety bond rider for S244,440.00,Bond No. 929270291
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.
RF.SOL 1.-`TION NO. 2007 :
AFW"
A► SURETY '
PA-02-0008(x-ref SUB 7984),Monarch Park,San Ramon
is
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number' 929 270 291 issued by the
National Fire Insurance Company of Hartford, as
Surety, on behalf of Shapell Hornes,a Division of Shapell Industries,Inc.,a Delaware Corp. of
fvlilpitas_CA_- �_ _ __— _ hereinafter referred
to as the Principal,and in favor of _Coun—yt of Contra Costa-_of ..Martinez, CA hereinafter
referred to as the Obligee, effective the —28th day of November 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 - 25th i .day of __ June _.. 2007— _ 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
One Million Six Hundred Twenty Nine Thousand Six Hundred No/100*'* _ Dollars($1 to the
sum of Two Hundred Forty Four Thousand Four Hundred Forty Noll 00***. — Dollars($ 244.440.00**' ).
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,iany loss occurring prior to said date shall not exceed the
sum of One Million Six Hundred Twenty Nine Thousand Six Hundred No/100*'— Dollars($ 1 629 600_00'** )
or for any loss occurring subsequent to said date shall not exceed the sum of
Two Hundred Forty Four Thousand Four Hundred Forty No/100**' — _.. Dollars($ 244 440.00*** ).
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 27th day of June, 2007
ACcepte y: i. Shapell Homes,A Division of Shapell Industries,Inc.,
County Of C tra Co �. : A Delaware Corporation
i e1
nc pal)
r
By — --- -- — By. — - — — —(Seal)
VV1J;Ne O&Sr Q .f
By - _ (Seal)
l<
National Fire Insurance Company of Hartford —
Form F4763 ` '� f
Gina O'Shea, Attorney-in-Fact
State of California
Countyof Los An
On
June 27, 2007 before me. Beverly A. Hall-Notary Public
Date NAME. TITLE 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(;R) is/parte subscribed to the Within instrument and acknowledged to me that
ke/she/tnx executed the same inttft1her/tumor authorized capacity(ies), and that by laical/her/otxeir
signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted,
executed the instrument.
BEVERLY A. HAIL WITN SS my hand and official seal.
Commission # 1717989
Notary Public -California ! .
Z ' Los Angeles County SIGNATURE NOTARY
Comm. Ip 16 2011
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
TITLES). 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 REPRESENTIN13:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Ingurancp Qmmijany of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
G-107426-8
' li
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'Sliea,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 15th day of August,2006.
CA's 44 tusugq oo Continental Casualty Company
��F National Fire Insurance Company of Hartford
coaPOAArE a n S 1wcttaralarfn American Casualty Company of Reading,Pennsylvania
Od '1 : �y� JULY 11, y
u SEAL t s 8\ IsoZ
1897 HARD b !
Thomas P. Stillman Senior Vice President
State of Illinois,County of Cook,ss:
On this 15th day of August,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 C6mpany 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 hc:
signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations.
-OFFICIAL SEAL' ;
• MARIA M.MEOW ;
�My Commisfion Eapia'3/16AY
' •.......•.•••..•....••. ii'LLL
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
Ilartford,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
27 day of June 2007
CAS u,44r I%SU44 � Continental Casualty Company.
National Fire.Insurance Company of Hartford
OoFtPOFtArt S� cp+ e?g�wc a+ar�o American Casualty Company of Reading,Pennsylvania
Z ♦ a JULY 11,
0sE►L g < I902
Mary A.qilia kis Assistant Secretary
Form F6853-11/2001
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attomey 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 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 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 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 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 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 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 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 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 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, 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 ccrtificate 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 orundertaU to which it is attached,continue to
be valid and binding on the Corporation."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�!`..F�.`TI:C�`L.�''�.�vF.`C'.c�.f`l�.�K�i-�^Fllj�C".E'ICFs.G`C'F`A.i`!LC'C`iC-Y`FK.C���`Y'S`ir`M.G`ZCSV^.C�C'�y�^�''.CIC�F`A�`C'4`C`'�O.Cf�+fZP.l�1•`.G�FF-.`b� .f,7�`.P:<
State of California
County of SANTA CLARA
On JUNE 27, 2007. before me, MARICEL DIAZ, A NOTARY PUBLIC
Date Name and Title of Officer(e.g.,"Jane Doe.Notary Public")
personally appeared ROBERT D. MOORE AND KEN COX
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/are subscribed to the
within instrument and acknowledged to me that
MARICEL DIAZ he/she/they executed the same in his/her/their authorized
Commission # 1717240 capacity(ies), and that by his/her/their signature(s) on the
.m Notary Public -California instrument the person(s), or the entity upon behalf of .
= Santa Clara County - which the person(s) acted, executed the instrument.
my Canxn so'ers.kn 15,2011
raw
WITNESS my hard and official seal.
Place Notary Seal Above
Signature t Notary Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form.to another document.
Description of Attached Document
Title or Type of Document: INSURANCE SURETY BOND
Document Date: JUNE 27, 2007 Number of Pages: 3
Signer(s) Other Than Named Above: GINA O'SHEA
Capacity(ies) Claimed by Signer(s)
Signer's Name: ROBERT D. MOORE Signer's Name: KEN COX
❑ Individual ❑ Individual
[X Corporate Officer — Title(s): ASST. VP JL] Corporate Officer — Title(s): -ASST, VP
❑ Partner — ❑ Limited ❑ General CJ Partner — CJ Limited ❑General
❑ Attorney in Fact ❑Attorney in Fact
Top of thumb here Top of thumb here
❑ Trustee ❑Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: _ Signer Is Representing:
SHAPELL HOMES SHAPELL HOMES
2006Nalional Notary Association~9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827