HomeMy WebLinkAboutMINUTES - 09162008 - C.12 s -L
TO: BOARD OF SUPERVISORS Contra=- �--���'
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa
DATE: September 16, 2008 -
Sra�e�K
County
SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(Right-of-Way
Landscape) Road Acceptance 02-01138, San Ramon (Dougherty Valley) area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/L/� accepting completion of landscape improvements for Subdivision
Agreement (Right-of-Way Landscaping) for Road Acceptance 02-01138, (cross-reference Subdivision 95-
07984), project developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a
Delaware Corp., as recommended by the Public Works Director.
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer has completed the improvements per the Subdivision Agreement (Right-of-Way Landscaping),
and the 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.
J.���/�i �� �z~�Gi-ice✓
Continued on Attachment: SIGNATURE: V
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
—)eAAPPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON PPROVED AS RECJ6MMENDED V OTHER
Vq OF SUPERVISORS . / I hereby certify that this is a true and correct copy of
✓� UNANIMOUS(ABSENT an action taken and entered on the minutes of the
AYES: NOES: Board of Supervisors on the date shown.
ABSENT: ABSTAIN:
BB Jc
G:\EngSvc\60\2008\09-16\RA 02-1138 BO-45 `
DV Landscape(SUB-RA-PA)FORM.dccx
Originator: Public Works(ES) ATTESTED:ContactG f o2.�rp�
Recording to be completed
DAVID TW C erk of the Board of Supervisors and
Recording to be completed by Clerk of the Board � P
cc: Public Works -P.Edwards,Engineering Svc. County Administrator
-T.—June 16,2009
Chris Low,City of San Ramon
2222 Camino Ramon,San Ramon,CA 94583
Shapell Industries of Northern California
100 North Milpitas Blvd.,Milpitas,CA 95305 By. pu
National Fire Insurance Company of Hartford `Jty
2355 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— 2008-0206621-00
Board of Supervisors
Return to: Wednesday, SEP 17, 2008 12:18:25
Public Works Department FRE $0.001
Engineering Services Division Tt I Pd $0,00 Nbr-0004206062
lrc/R9/1-8
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 16, 2008 by the following vote:
AYES: Gioia, Uilkema, Piepho, Bonilla,
and Glover
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2008/ G ��
SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement
(Right-of-Way Landscaping) Road Acceptance 02-01138 (cross-reference
_.Subdivision 95-07984), project developed by Shapell Industries of Northern
California, a Division of Shapell Industries, Inc., a Delaware Corp. as
recommended by the Public Works Director, San Ramon (Dougherty Valley)
area. (District III)
These improvements are approximately located along South Monarch Road between
Bollinger Canyon Road and Mountain Ash Lane.
The Public Works Director has notified this Board that the Right of Way Landscaping
Improvements in Road Acceptance 02-01138 (cross-reference Subdivision 95-07984) have been
completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Shapell
Industries of Northern California, 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
G:\EngSvc\BO\2008\09-16\RA 02-1138 BO-45 copy of an action taken and entered on the
DV Landscape(SUB-RA-PA)FORM.docx
Originator: Public Works(ES) minutes of the Board of Supervisors on the date
Contact: M.Sen(313-2187) shown.
Recording to be completed by Clerk of the Board
cc: Public Works -P.Edwards,Engineering Svc.
-T.—June 16,2009 ATTESTED• /G Q?AW 44/
Chris Low,City of San Ramon
2222 Camino Ramon,San Ramon,CA 94583 DAVID T A, Jerk
of the Board of
Shapell Industries of Northern California Supervisors and County Administrator
100 North Milpitas Blvd.,Milpitas,CA 95305
National Fire Insurance Company of Hartford
2355 Camelback Road,Suite 500
Phoenix,AZ 85016
By ,�� , Deputy
RESOLUTION NO.2008/ G�D
SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement
(Right-of-Way Landscaping) Road Acceptance 02-01138 (cross-reference
Subdivision 95-07984), project developed by Shapell Industries of Northern
California, a Division of Shapell Industries, Inc., a Delaware Corp. as
recommended by the Public Works Director, San Ramon (Dougherty Valley)
area. (District III)
DATE: September 16, 2008
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been
COMPLETED as of September 16, 2008 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 BANK/SURETY
April 19, 2005 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $30,600.00,
Bond No. 929 348 471 issued by the above surety be RETAINED for the six month lien
guarantee period until March 16, 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 Right-if-Way Landscaping Improvements on
South Monarch Road are ACCEPTED AS COMPLETE.
BE IT FURTHER RESOLVED that upon completion of the warranty period, the San
Ramon City Council shall accept the 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 $1,000.00 cash deposit (Auditor's Deposit Permit No. 435100, dated
November 24, 2004) made by Shapell Industries of Northern California, a Division of Shapell
Industries, Inc., a Delaware Corp. and the performance/maintenance surety.for $9,030.00, Bond
No. 929 348 471 issued by National Fire Insurance Company of Hartford be RETAINED
pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this
Board.
RESOLUTION NO. 200814;14 .
CNA SURETY
Gale Ranch Phase II, RA 1138
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number— 929 348 471 ` issued by the
National Fire Insurance Comp
any_of Hartford .—_....—__— as
Surety, on behalf of Shapell Industries of Northern California, a Division of Shapell Industries, Inc. of
hereinafter referred
to as the Principal, and in favor of _County of Contra Costa_.........
ofMartinez, ._ _--------- _ hereinafter
referred to as the Obligee, effective the _1st day of �._ November_ 2004
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the ____ 8th day of --..._....__---_........._August 2008___._,____- , and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby "DECREASED*` from the sum of
Sixt Thousand Two Hundred No/100*** Dollars($ 60,200.00*** ) to the
sum of Nine Thousand Thirty Noll 00*** _ Dollars($ 9.030.00*'* ).
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 Sixty Thousand Two Hundred No/100*** Dollars($ 60,2_00.00*** _)
or for any toss occurring subsequent to said date shall not exceed the sum of
Nine Thousand Thirty No/100*** Dollars($ 9.030.00*** ),
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 8th day of Au-gust, 2008
Accepted By: Shapell Industries of Northern California,
County of Contra Costa _ a Division of Shapell Industries, Inc. ^_
1 (Principal)
By �._..--- — — — By - -- 5 x— (Seal)
By
-
�sst J 1.
National Virg Insurance Company of Hartford
Form F4763 O (S/nrety)
(Seal)
Pamela L. Stocks, Attorney-in-Fact
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
VRow 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 Harmer, Gina O'Shea,Individually
of Sherman Oaks,CA,their true and lawful Attorney(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.
GAS uq�T %14SUR4 0 Continental Casualty Company
National Fire Insurance Company of Hartford
iW CORFON4rf • ,ML�►oaar�o American Casualty Company of Reading,Pennsylvania
F • 9
Z a s JULY 71,
CU SEAL Isu
1891 HARK • d"
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.
j 'OFFICIAL SEAL-
MARIA
EAL MARIA M.MEOW ;
. Haw wak•se r.M 11h \1151 r/1
ommis ^_ /7
i MY fu•n Eapirs 7/16/DY i �
My Commission Expires March 15,2009 Maria M. Medina Notary Public
CERTIFICATE
1,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
8th day of Aunust 2008
Continental Casualty Company
o�ut(r` INSIJRq "� National Fire Insurance Company of Hartford
ca4°ORAYe �S� n0 S�Mc pwrEo American Casualty Company of Reading,Pennsylvania
JULY 31,
J SBEAL �r �� � .
Mary A.qikalokis 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 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 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 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 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 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 V11--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 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 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-m-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 17th 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
T
State of California
County of Los Angeles
On August 8,2008 before me, Beverly A. Hall, Notary Public
Date Here Insert Name and Title of the Officer
a
personally appeared Pamela L. Stocks
Name(s)of Signers)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(w) is/W subscribed to the
within instrument and acknowledged to me that
M/she/tf Wexecuted the same in t4i94herMYQU authorized
capacity#s4 and that by Wher/ftIlKsignature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
BEVERIV A.=
Commta M! 17179" 1 certify under PENALTY OF PERJURY under the laws
Notary PUM-C000"6e of the State of California that the foregoing paragraph is
. � 10���� true and correct.
^+T++ WITNESS my hand and official seal.
Notary Seal Signature
nature of Notary Public
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On August 12. 2008 before me, Smiley K. Sandhu . Notary Public, personally
appeared Ken Cox and Robert D. Moore
who proved to me on the basis of satisfactory evidence to
be the person(s)whose name(s)ieta&subscribed to the
within instrument and ledged to me that#Ielskl�
hill
executed the same in he3 authorized capacity(ies ,
and that by hiheirsignature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
SMILEY K.SANDHU
la
1573474
CalBornla I certi under PENALTY OF PERJURY under the laws of
county the State of California that the foregoing paragraph is true
-� My .ErplretAW26.2o and correct.
WITNESS my hand and official seal.
(Seal) Signature