HomeMy WebLinkAboutMINUTES - 09232008 - C.10 1� t
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TO: BOARD OF SUPERVISORS �- �__i; Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIREC Costa
o �r trail z
DATE: September 23, 2008 cQ1 �
County
STA'COIIlY'�
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)c
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:,XIt '" f
ECOMMENDATION OF COUNTY ADMINISTRATOR
COMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON Y APPROVED A RECOMMENDED OTHER
Wf
VOF SUPERVISORS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT o-7(,,' ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
BB:jc ABSENT: ABSTAIN: date Shown.
G:\EngSvc\BO\2008\09-23\PA 04-00017
B045 DV Landscape(SUB-RA-PA)FORM.docx
Originator: Public Works(ES)
Contact:g to be Sen completed
187) ATTESTED:�Gv f'hOC+Y R a-J al'/F7��
Recording to be completed by Clerk of the Board
cc: Public Works -K Guruwam Construction Div. DAVID TWA, Jerk of the Board of
-P.Tehaney,M&T Lab
-I.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 Warden,Shapell Homes By , Deputy
100 North Milpitas Blvd.
Milpitas,CA 95035
Natiohal Fire Insurance Company of Hartford
2355 Camelback Road,Suite 500
Phoenix,AZ 95016
Attn Pamela Stocks
` I IIII III III I III II III III I IIII III I IIII I IIII I II III III
CONTRA COSTA Co Recorder Office
Recorded at the request of- STEPHEN L. WEIR, Clerk-Recorder
Contra Costa County DSC— 2008-0211004-00
Board of supervisors
Return to: Wednesday, SEP 24, 2008 09:56:44
Public Works Department FRE $0.001
Engineering Services Division Ttl Pd $0,00 Nbr-0004211501
Irc/RS/1-8
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/ G
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) 7e__
TT'
Recording to be completed by Clerk of the Board ATTESTED:
c�` 7e_r�� ? ° 6
cc: Public Works -K Guruwara Construction Div. o �Y �t7,
-P.Tehaney,M&T Lab DAVID 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 Warden,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
Ann Pamela Stocks
RESOLUTION NO.2008/ bC
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 I11)
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 $77,880.00, Bond No. 929 390 936 issued by National Fire Insurance
Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the
Ordinance Code until release by this Board.
RESOLUTION NO. 2008/ kXS"
HA SURETY
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 929 390 936 issued by the
National Fire Insurance Comoanv of Hartford as
Surety, on behalf of Shapell Homes, a Division of Shapell Industries, Inc. a Delaware Corp. of
Milpitas CA hereinafter referred
to as the Principal, and in favor of County of Contra Costa
of Martinez, CA hereinafter
referred to as the Obligee, effective the 15th day of August 2006
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 27th day of_ August , _2008 ,and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby `"'DECREASED" from the sum of
Five Hundred Nineteen Thousand Two Hundred No/100**" _ Dollars ($ 519,200.00" _,_.__) 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
epted By: Shapell Homes, a Division of Shapell Industries, Inc.,
Coun of C tra Costa A Delaware Corporation
— --- ---- �
(Principal)
By — By t i (Seal)
JC 'S iii
By --------- (Seal)
14V� SL
National Fire,lnsurance Company of Hartford
^' (Suret
Form F4763 ;� ��%" � =
By (Seal)
Pamela L. Stocks, Attorney-in-Fact
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know AILMen 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 seals to be
hereto affixed on this 15th day of August,2006.
GASUq<r INSUR oR Continental Casualty Company
National Fire Insurance Company of Hartford
= CORPORATE S�Mcoarnaar�e American Casualty Company of Reading,Pennsylvania
°U SEAL /Y1902LY 1 4
s
1997 HARD • .
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
•
i Public. •I"lincle
mycomrtini•ni;h ,• 3/150 :• / / `_ • \/f_ _/ SIVI
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
28th dayof August 2008
CA's ttttr` tNsua InoJ Continental Casualty Company
Q$I of National Fire Insurance Company of Hartford
_ G00PORArE °S� �,� sNc a+arEo American Casualty Company of Reading, Pennsylvania
~ a S JULY a.
1997 � HARR"
Mary A.qikaiokis 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 Attomey-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 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 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 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 VII—wExecution 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 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-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 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."
J
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On September 2. 2008 before me, Smiley K. Sandhu . Notary Public, personally
appeared J C Truebridae 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 the
executed the same in hist uthorized capacity(ies),
and that byeir' ignature(s)on the instrument the
dr person(s), or the entity upon behalf of which the person(s)
SMILEY K.SANDHU acted, executed the instrument.
Commission# 1573474
@My
Notary Public-California I certify under PENALTY OF PERJURY under the laws of
Santa Clara county the State of California that the fore oinparagraph is true
Comm.Expires Apr 26,20 foregoing
and correct.
WITNESS my hand and official seal.
(Seal) Signature 92�x
� y
i w -
-Qy,.°.w..._ra�^a
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 Title of the Officer
personally appeared Pamela L. Stocks
Names)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(sr) is/!w subscribed to the
within instrument and acknowledged to me that
M*/she/tkWexecuted the same in WherAtwc authorized
capaclty#=s and that by Ther/*xkKsignature(s) on the
instrument the person(ff), or the entity upon behalf of
which the person(s) acted, executed the instrument.
BEVERLY A. MAIL
Comm"m# 1717080 1 certify under PENALTY OF PERJURY under the laws
Motory Public-CaWwrda of the State of California that the foregoing paragraph is
�L°i A nqeW CovWy1i true and correct.
WITNESS my hand and official seal.
Notary Seal Signature
4a—
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ture of Notary Public
1183� .i YAMS
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