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Home My WebLink AboutMINUTES - 08142007 - C.05 F o Contra TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa C DATE: August 14, 2007 s7a Vill-- Count JV SUBJECT: Accept completion of improvements and declaring Camino Tassajara at Mustang Soccer Fields traffic signal as a county signal, Road Acceptance 06-01223 (cross-reference Subdivision 99- 08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) SPECIFIC RFQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION (S): ADOPT Resolution No. 2007/,"1)'&'A for Road Acceptance 06-01223 (cross-reference Subdivision 99-08381), accepting completion of improvements and declaring Camino Tassajara at Mustang Soccer Fields traffic signal as a county signal, for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The improvements have been completed as provided in the Road Improvement Agreement. CONSEQUENCES OF NEGATIVE ACTION: The improvements will not be accepted. Continued on Attachment: ✓ SIGNATURE:— v-'01RVCOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE: S - r ACTION OF B A D ON APPROVED AS RECOMMENDED OTHER V( Of SUPERVISORSI hereby certify that this is a true and correct pp UNANIMOUS(ABSENT /l/mnC ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. TR,•� G:\EtngSvc\BO\2007\)8-14\BO-45 RA 06-1223 doc Originator: Public Works(ES) Contact: T.Ric(1313-2363) Recording to be completed by Clerk of the Board 'D.95 2578030 ATTESTED: cc: Public Works -Construction Div. -P.Tehancy,M&T LabJOHN CULLEN, erk of the Board of -H.Finch,Maintenance Div '.Bergeron,Mapping Div. Supervisors and County Administrator -T -December 7,2007 Sheriff-Patrol Div.Commander CrIP,clo AI CSAR-Cartog Chris Low,City or San Ranxvn 2222 Canino Ramon,San Ramon,CA 94583 By , Deputy Shapell llomcs J 100 N.Milpitas Blvd Milpitas,CA 95035 Attn:Sam Worden and Steve Savage National Fire Insurance Company of Hartford 2355 E.Camclback Road,Suite 500 Phoenix,AZ 85016 Am,:Pamela L.Stocks i, •• iii - - - - I ' CONTRA COSTA Co,Recorder Office Recorded at the request of: STEPHEN L. WEIR Clerk-Reevirder Contra Costa County DDC— 20V 7-0235061—00 Board of Supervisors Return to: Wednesday, Auu 15, 2.407 14:08:38 Public Works Department FRE $0.00 1?n;incering Services Division Tt 1 Pd $0-00 Nbr-0003820633 Irc/RS/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 14, 2007 by the following vote: AYES: Gioia,Uilkema, Bonilla,Glover and Piepho. -_ NOES: None ABSENT: None ABSTAIN: None -- - -- - - RESOLUTION NO. 2007/ SUBJECT: Accepting completion of improvements and declaring Camino Tassajara at Mustang Soccer Fields traffic signal as a county signal, Road Acceptance 06-01223 (cross- reference Subdivision 99-08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) These improvements are approximately located near Camino Tassajara Road at Mustang Soccer Fields. The Public Works Director has notified this Board that the improvements in Road Acceptance 06-01223 (cross-reference Subdivision 99-08381)have been completed as provided in the Road Improvement 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. TR:vz G:\EngSvc\1.30\'_007''•08-14\BO-45 RA 06-1223.doc 0risinatur: 11ublicWorks(ES) I herebycertify that this is a true and correct co of an Contact: T.Ric(313-2367) Y PY Recordingto he completed by Clerk of the Board I.U.95--'_5578030 action taken and entered on the minutes of the Board of cc: Public Works -Construction Div. Supervisors on the date shown. -P.Tehancy,M&T Lab t' -11.Pinch,Maintenance Div. -I.Bergeron,Mapping Div. T.Ric,Engineering Svc ATTESTED: /� -T—December 7,2007 Shenfl-Patrol Div.Cornu rdcr JOHN CULLEN Cler of the Board of Supervisors and CHP,do At CSAA-`a""gCounty Administrator Chris Low,City o(Svt Ranwn 2222 Camino Ratnon,San Ramon,CA 9.1553 Shapell I lonns 100 N.Milpitas Blvd Milpitas,CA 95035 Attn.Smn Worden a»d Steve Savage National Fire Insurance Company of Ilartford By , Deputy 1355 E.Cantelback Road,Suite 500 Phoenix,A% 95016 Attn:Pamela L.Stocks RESOLUTION NO.2007/ 77`'7"9--,' SUBJECT: Accepting completion of improvements and declaring Camino Tassajara at Mustang Soccer Fields traffic signal as a county signal, Road Acceptance 06-01223 (cross- reference Subdivision 99-08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) DATE: August 14, 2007 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of August 14, 2007 thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY November 14, 2006 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for $75,850.00, Bond No. 929390937 issued by the above surety be RETAINED for the six month lien guarantee period until February 14, 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 Camino Tassajara at Mustang Soccer Field traffic signal is ACCEPTED and DECLARED to be County signal. BE IT FURTHER RESOLVED that the detector loop easement is ACCEPTED and DECLARED to be a County easement; the right-of-way was conveyed by separate instrument, recorded on July 26, 2006, recording series number DOC-2006-0235834-00.' BE IT FURTHER RESOLVED that the Public Access Easement is ACCEPTED and DECLARED to be a County easement; the right-of-way was convcyed by separate instrument, recorded on July 26, 2006, recording series number DOC-2006-0235833-00. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$1,500.00 cash deposit(Auditor's Deposit Permit No. 471590,dated October 5, 2006) made by Shapell Homes and the performance/maintenance surety for$22,530.00,Bond No. 929390937 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. 0 RA 1223(XREF SUB 838 SURETY Alamo Creek INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929390937 , issued by the NaOhnal FirQ Insurance Company of Hartford as Surety, on btlialf of Shaped=Wbrnes, 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 21 st day of September 2006 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 13th day of July 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 Hundred Fifty Thousand Two Hundred No/100"' Dollars($150,200.00"' ), to the sum of Twenty_Two Thousand Five Hundred ThiNo/100"` Dollars($22 530.00"x'• ). IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limita Rps of the. attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the sum-of One Hundred Fifty Thousand Two Hundred No/100". Dollars($ 150.200.00"' ) or for any loss occurring subsequeMb said date shall not exceed the sum of Twenty Two Thousand Five HtillAflred Thirty No/100'•• Dollarf?r22.530.00`•' ). 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 16th day of July, 2007 Accepted By: Shapell Homes, a Division of Shapell Industries, Inc. County of Contra Costa Z 5PqkNvare gqrp. ( cipal) i By By (Seal) e I �r ✓. P. By (Seal) 1�e.y� (o ASST SCGrG'}-•� Tonal ire Insurance Company of Hartford Form F4763 (S ty) (Seal) Pamela L. Stocks, Attorney-in-Fact �;�,�v��,.��.�^ti^v�v�v,,.,.i.,�.v.,.,,ni„�.,.,vN.i.i..�,.,.,.✓wv^^^ivn,.,v.�,. ,.ii.��nnr .i.,,n, CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On July 17,2007, 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 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. } JANICE L KRUSE ITNESS my hand and official seal. Commission#1597426 ??' Notary PUbIIc-Collfornlo 5 z� Santa Clara County S3 My Comm.Expires Aug 24.2 --�— i— Signa e of Notary Public Optional Information �zTitle or Type of Document: Decrease Rider- RA 06-01223 -Alamo Creek Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shavell Industries, Inc. S SS s , z z'< S> 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. Continental Casualty Company �ry� r ` vtsuR ,� � National Fire Insurance Company of Hartford F s� °�� American Casualty Company of Reading,Pennsylvania aW . Axy 31, SEAL < � • NZ 7a4i � fywltF�' Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 10th day of Manch,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' j MARIA K IED NA ; • Nary iuWb.•t b of onom • l`^_ • i Mfr CWWi NM E*Uft 1n&" 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 printedi gin J reverse hereof3s i11 in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this day of I Y , ��c,►sta, fgwe 0" , Continental Casualty Company National Fire Insurance Company of Hartford oO1M� American Casualty Company of Reading,Pennsylvania SEAL 7847 a. Mary A.R(bikafjkis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On July 16, 2007 before me. Beverly A.Hall-Notary Public 081e 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/am subscribed to the within instrument and acknowledged to me that bre/she/Oft executed the same in#rtslher/fdeir authorized capacity(i>ms), and that by kwher/mom signature(s)on the instrument the person(3), or the entity upon behalf of which the person(s:).acted, executed the instrument. WIT SS my hand and official I. BEVERLY A. HALL Commission# 1717909 Notary Public -California SIGNATURE3 NOTARY Los Angeles County Comm 6 Yes Jan 16,2011 tOPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document 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 0-107426.13