HomeMy WebLinkAboutMINUTES - 08192008 - C.10 TO: BOARD OF SUPERVISORS ��* ` ' �� Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTORCosta
DATE: August 19, 2008ti`�
COON' County
SUBJECT: Accepting completion of improvements for Road Acceptance 06-01222, Danville area. (District
III)
SPECIFIC REQUI S'r(S)OR RECOMIMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/ %8,5 accepting completion of improvements (bioretention street filters) for
Road Acceptance 06-01222, (cross-reference Subdivision 99-08381), as recommended by the Public Works
Director, for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware
Corp.
FISCAI, IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer has completed the improvements per the Road Improvement 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:
RECOIIINIENDATION OF COUNTY ADMINISTRATOR
YECOMMENDATION.OF BOARD COMMITTEE
' APPROVE _OTHER
SIGNATURE (S):
ACTION OF BOARD ON PPROVED AS REC15MMENDED OTHER
vOTOF SUPERVISORS I hereby certify that this is a true and correct
✓�_ UNANIMOUS(ABSENT v copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ar3Jc ABSENT: ABSTAIN: date Shown.
G:\I3ngSvc\BO\2008\08-I9\RA 06-01222 BO-45
DV(SIJB-RA-DA)FORM.docx
Originator: Public Works(GS) —
Coutact:hL Sen(313 X137) ATTESTED: /� •��
Recording t,be completed by Clerk of the Board
Public Works -construction Div. JOHN CULLEN, gerk of the Board of
R.Dahl,Engineering Svc.
1'.-June 19,2009 Supervisors and County Administrator
Shapell I Ionics
100 North Milpitas Blvd.
Milpitas,CA 95035
National Fire Insurance Company of I lartford
2355 C'amclback Road,Suite 500 By , Deputy
Phoenix,AZ 85016
Attn:Pamela L.Stocks
CONTRA COSTA 111 l 111 11 11 1111 11 l 111111 l
IIIIIII�IIIIIII�I
OSTA Co Recorder Office
STEPHEN'L, WEIR, Clerk-Recorder
Contra Costa Count
Recorded at there guest or: DOC— 2008-0186176-00
Board of Supervisors Wednesday, AUG 20, 2008 10:33:11 1
Return to: FRE $0.001 1
Public Works rvicesDivi Ttl Pd $@,@0 Nbr-0004181373
Engineering Services Division
rrc/R9/1-8
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 19, 2008 by the following vote:
AYES:- SUI'ERVISQP'S l;ILKEMA,
60MLLA. GLOVER;AND.PiE'I'1-10 ..'
NOH:S: `NONE '
i
ABSENT:. S[.PERVISOR GIOIA' %.-..
`
—-- _- -. RESOLUTION NO. 2008/
SUBJECT: Accepting completion of improvements for Road Acceptance 06-01222 (cross-
reference Subdivision 99-08381), project developed by Shapell Homes, a
Division of Shapell Industries, Inc. a Delaware Corp., as recommended by the
Public Works Director, Danville area.,(District III)
These improvements consist of bioretention street filters and are located along Charbray
Street from Camino Tassajara to Lusitano Street.
The Public Works Director has notified this Board that the improvements in Road
Acceptance 06-01222 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.
BBJc I hereby certify that this is a true and correct copy
G:\EngSvc\BO\2008\08-19\RA 06-01222 BO-45 of an action taken and entered on the minutes of the
DV(SUB-RA-DA)FORM.docx
Originator: Public Works(ES) Board of Supervisors on the date shown.
Contact: M.Sen(313-2187) /J
Recording to be completed by Clerk of the Board ATTESTED:
cc: Public Works Construction Div. i
K.Dahl.Engineering Svc. JOHN CULLEN, Cl of the Board of Supervisors
-T.—June 19,2009
Shapell Ilo,nes and County Administrator
100 North Milpitas Blvd.
Milpitas,CA 95035
National Fire Insurance Company of I lartford
2355 Camelback Road,Suite 500 By. � , Deputy
Phoenix,AZ 85016
Atli):Pamela L.Stocks
RESOLUTION NO.2008/ ���
SUBJECT: Accepting completion of improvements for Road Acceptance 06-01222 (cross-
reference Subdivision 99-08381), project developed by Shapell Homes, a
Division of Shapell Industries, ,Inc. a Delaware Corp., as recommended by the
Public Works Director, Danville.area. (District III)
DATE: August 19, 2008
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been
COMPLETED as of August 19, 2008 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 BANK/SURETY
December 5, 2006 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $76,600.00,
Bond No. 929390948 issued by the above surety be RETAINED for the six month lien
guarantee period until February 19, 2009; 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 Alamo Creek Bioretention Street Filters on
Charbray Street(North), are ACCEPTED AS COMPLETE.
BE IT FURTHER RESOLVED that upon approval by the Board of Supervisors, the
developer, Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., shall retain
the improvements for maintenance in accordance with the Landscape Maintenance Agreement
for the Alamo Creek Project dated December 4, 2007.
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. 472597 , dated
October 25, 2006) made by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware
Corp., and the performance/maintenance surety for $22,755.00, Bond Rider No. 929390948
issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the
requirements of Section 94-4.406 of the Ordinance Code until release.by this Board.
RESOLUTION NO. 2008/,5JR9 -
FWAMSURETY
RA-06-01222, (XREF SUB 8381.)Alamo Creek, Bio-Retention Street Filters, Charbray St. (North)
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number. 929 390 948 issued by the
_National_Fire_Insurance..Company..of.Hartfo_rd _—__......:-.................... .... ................. ....... . ......... ........................ .............. as
Surety, on behalf of Shapell Homes,a Division of Shapell Industries, Ing,a Delaware Corp.-._..__:_ ,_ of
Mil A itas A
C
--. ....................---------- ' ---- ----.......................................—. - ------, hereinafter referred
to as the Principal, and in favor ofCoun ...o..._._fContra Costa
_ _..-.......... ......_.....-. --_—
of ...Martinez,CA _—_._^, hereinafter
referred to as the Obligee, effective the 17th _ day of ....................October 2006
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it '
is understood and agreed that effective the .........23rd _:_ day of .__._._.-......July. 2008_.....__. and
•
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby .._`_`...DECR_EASED`........._............ _..............._....._....... from the sum of
One Hundred.Fifty One Thousand Seven Hundred No/1 '"
00' — Dollars ($_1.51,700.00*' ............... ....),to the
sum of -_Twenty Two Thousand Seven Hundred Fifty Five No/100 pollars ($75 --QQ "
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 One Hundred Fifty One Thousand Seven Hundred..No/100'** ___._._ Dollars ($151,700_00"'_.__)
or for any loss occurring subsequent to said date shall not exceed the sum of
Twenty Two Thousand Seven Hundred Fifty Five No/100 —_ _ . Dollars($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 29th day of July, 2008
Accepted By: Shapell Homes, a Division of Shapell Industries, Inc.,
County of Contra Costa A Delaware Corporation
................. _........----.. --
By -BY --...._..._..-----=- ---- - -- ----- By ._.-._.. .. .-._................. ..-............... .. -i - ---...:._---. (Seal)
By
(Seal)
National Fire Insurance Company of Hartford
-- -.---.......... ....... ...................... ...... _ ------
....... ........
Form F4763 (Surety)
B.y.:._.: ', ..�.:.c c:... ...�?\.. ... %%. f�,.... ................ ._-- -- (Seal)
Pamela L. Stocks, Attorney-in-Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On July 31;2008 before me, Smiley K. Sandhu Notary Public, personally
appeared Robert D. Moore and Kelly Erardi
who proved to me on the basis of satisfactory evidence to
be the person(s)whose name(s)+s�&subscribed to the
within instrument and acknowl ged to me thatthe
executed the same i their uthorized capacity(ies),
and that by hWhe heir ignature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
SMILEY K.=DHU acted, executed the instrument.
comminlon#1573474
y Notary Public-CaMorni0
I certify under PENALTY OF PERJURY under the laws of
soft clam county the State of California that the foregoing paragraph is true
MyComm.ExpbwApr26,2 and correct.
WITNESS my hand and official seal.
(Seal) Signature • / �"—
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,at
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 15th day of August,2006.
�r,Astlq�r %NSUR Continental Casualty Company
qqo� National Fire Insurance Company of Hartford
CORPORATE , gam' `N�ORPO9gTfC American Casualty Company of Reading,Pennsylvania
i- • . M
0 NLY 31.
$EAL •2 � � � 1902
1 B97 NAR •
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 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.MEDINA
• Notary Public,Stab of 0111; •
i MV Comnuttion Expires 7/15109:
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
29th day of July 20019
0ASl19�r tNSURq Mvwrro< Continental Casualty Company
National Fire Insurance Company of Hartford
cOWORATe S �Nsa+arre American Casualty Company of Reading,Pennsylvania
$ JULY 11,
OV SEAL
1997 HARD b • d�'
Mary A.qikafjkis 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 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 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 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 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 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 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'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."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On July 29,2008 before me, Beverly A. Hall, Notary Public ,
Date Here Insert Narne and Title of the Officer
personally appeared Pamela L. Stocks
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(%) whose name(s� ishW subscribed to the
within instrument and acknowledged to me that
M/sheftWexecuted the same in NWherMY&authorized
capacity, and that by lWher/feix signature(s) on the
instrument the person(tc), or the entity upon behalf of
which the person(a) acted, executed the instrument.
tg% BEVERLY A. HALL
commigion 0 1717"t I certify under PENALTY OF PERJURY under the laws
Nota!'Public•CaB/onNo of the State of California that the foregoing paragraph is
LOS Angew county true and correct.
OM=JQn 16,2D1 1
WITNESSmy h d and official seal.
Notary Seal Signature
Si ature of Notary Public