The URL can be used to link to this page

Home My WebLink AboutMINUTES - 09232008 - C.10 (2) TO: BOARD OF SUPERVISORS �' --== � Contra =,. FROM: JULIA R. BUEREN, PUBLIC WORKS DIREC Costa g Aids s DATE: September 23, 2008 County SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Park Acceptance 04-00017, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Park Acceptance 04-00017, (cross-reference Subdivision 95- 07984), project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer has completed the improvements per the Subdivision Agreement (Right-of-Way Landscaping), 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: ECOMMENDATION OF COUNTY ADMINISTRATOR COMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURES : ACTION OF BOARD ON 3e APPROVED A RECOMMENDED OTHER VO T F SUPERVISORS /� I hereby certify that this is a true and correct UNANIMOUS(ABSENT Z4 r1!/ ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the BB:;e ABSENT: ABSTAIN: date shown. G:\EngSvc\BO\2008\09-23\PA 04-00017 BO-45 DV Landscape(SUB-RA-PA)FORM.docx Originator: Public Works(ES) �- L � Contact:g to be Sen completed 187) ATTESTED:Apoe.:iD .ew. 14& Recording to be completed by Clerk of the Board cc: Public works -K Guruwara Construction Div. DAVID TWA, 6lerk of the Board of -P.Tehaney,M&T Lab -1.Bergeron,Mapping Div. Supervisors and County Administrator -P.Edwards,Engineering Svc. -T.—July 23,2009 Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Sam Worden,Shapell Homes By , Deputy 100 North Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance Company of Hartford 2355 Camelback Road,Suite 500 Phoenix,AZ 95016 Arm Pamela Stocks CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder Contra Costa County DOC— 2008-0211004-00 Board of Supervisors SEP 24 2008 09:56:44 Return to: Wednesday, , Public Works Department FRE $0.001 : Engineering Services Division Tt l Pd $0.00 Nbr-0004211501 lrc/R9/1—B THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 23, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla, and Glover NOES: None ` ABSENT: None ABSTAIN: None — - - --- - - RESOLUTION NO. 2008/ Gc� SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) Park Acceptance 04-00017 (cross-reference Subdivision 95-07984), project developed by Shapell Homes, 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 near Bollinger Canyon Road and Bluehart Way. The Public Works Director has notified this Board that the Right of Way Landscaping Improvements in Park Acceptance)04-00017 (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. BB:Jc I hereby certify that this is a true and correct copy of G:\EngSvc\BO\2008\09-23\PA 04-00017 an action taken and entered on the minutes of the BO-45 DV Landscape(SUB-RA-PA)FORM.docx Originator: Public Works(ES) Board of Supervisors on the date shown. Contact: Monish Sen(313-2187) A� L/ 'w w Recording Public be completed by Clerk of the Board ATTESTED:�6,D/G s�7,(�t�Y ��, fte" 4r, cc: Public Works -K Guruwara Construction Div. -P.Tchaney,M&T LabDAVID TWA, Clerk of the Board of Supervisors -I.Bergeron,Mapping Div. -P.Edwards,Engineering Svc. and County Administrator -T.—July 23,2009 Sheriff-Patrol Div,Commander 2222 Camino Ramon,San Ramon,CA 94583 Sam Worden,Shapell Homes By , Deputy 100 North Milpitas Blvd. Milpitas,CA 95035 JF National Fire Insurance Company of Hartford 2355 Camelback Road,Suite 500 Phoenix,AZ 95016 Ann Pamela Stocks RESOLUTION NO.2008/ b(JiO SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) Park Acceptance 04-00017 (cross-reference Subdivision 95-07984), project developed by Shapell Homes, 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 23, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED.as of September 23, 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 October 17, 2006 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for $262,200.00, Bond No. 929 390 936 issued by the above surety be RETAINED for the six month lien guarantee period until March 23, 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 upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept the improvements for maintenance and ownership 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 $5,200.00 cash deposit (Auditor's Deposit Permit No. 469817, dated August 31, 2006) made by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. and the performance surety for$77,880.00, Bond No. 929 390 936 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOL UTION NO. 2008/ k-�(S" NA SURETY INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number—___ 929 390 936 issued by the National Fire Insurance Company of Hartford as Surety, on behalf of Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. of Milpitas, CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez CA hereinafter referred to as the Obligee, effective the 15th day of August 2006 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the _27th day of August _ —__ __2008 ,and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby **DECREASED"—,--- _ from the sum of Five Hundred Nineteen Thousand Two Hundred No/100*** —. Dollars($ 519,200.00'° 1--_-.), to the sum of Seventy Seven Thousand Eight Hundred Eighty No/100*** ` Dollars($ 77,880.00*** ). 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 Five Hundred Nineteen Thousand Two Hundred No/100*** Dollars ($ 519,200.00*** ) or for any loss occurring subsequent to said date shall not exceed the sum of Seventy Seven Thousand Eight Hundred Eighty No/100*** Dollars ($ 77,880.00*** ), 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 28th day of August,2008 XByC Shapell Homes, a Division of Shapell Industries, Inc., sta A Delaware Corporation --------�j (Principal) — By _ C _ _ — (Seal) �'c 1 i EyE2.5�PP.M/� t By _ J _(Seal) ocy A--'!C161VrV1 57 ut7hh! National Fire,lnsurance Company of Hartford Form F4783 j ...... , (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 Harmer,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 seats to be hereto affixed on this 15th day of August,2006. GAS t %%SUR4 Continental Casualty Company r�P� •IR1F �.� National Fire Insurance Company of Hartford ooaPORArf n S�rtoaroaAmerican Casualty Company of Reading,Pennsylvania Z a JULY 11, SEAL g Isu leg? hJul 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 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- MARIA M.WDINA i L1Y Conxninim ExpirM 7116/09 i 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 281.h day of August 2'1308 GAS4 04SUR4 oe Continental Casualty Company National Fire Insurance Company of Hartford tK CoRpo rf S�Mc p+ar�o American Casualty Company of Reading,Pennsylvania Z 9 a JULY 11, °u SEAL Mary A. qikal@kis Assistant Secretary Form F6853-11/2001 J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On Seatember 2. 2008 before me, Smiley K. Sandhu . Notary Public, personally appeared J C Truebrid0e and Ken Cox who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) � ar ubscribed to the within instrument and acknowledged to me that helsh the executed the same in#islkle f�jLe'�authorized capacity(ies), and that byeir� ignature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) SMILEY K.SANDHU acted, executed the instrument. Commission# 1573474 @My Notary Pudic-CaiitorNa I certify under PENALTY OF PERJURY under the laws ofSanta Clara county the State of California that the fore oin ara rah is true Comm.Expires Apr 26,20 going P 9 P and correct. WITNESS my hand and official seal. (Seal) Signature 6922::e__�- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 28, 2008 before me, Beverly A. Hall, Notary Public Date Here Insert Name and This of the Officer 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(&) is/)AM subscribed to the within instrument and acknowledged to me that M/she/tfeWexecuted the same in 1Wher/#** authorized capacity vx> , and that by her/*KkKsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the instrument. BEVERLY A. MALI ComMWIRM 11717989 L 1 certify under PENALTY OF PERJURY under the laws - Notory PIAM•CO Morula of the State of California that the foregoing paragraph is 46 Los AngeW CotWv true and correct. ca"M M1 WITNESS my hand and official seal. Notary Seal Signature Sig ture of Notary Public