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Home My WebLink AboutMINUTES - 12112012 - C.11RECOMMENDATION(S): ADOPT Resolution No. 2012/502 accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) road acceptance RA 05-01186 (cross-reference subdivision SD 99-08381), for a project developed by Shapell Homes, a division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: The developer, Shapell Homes, a division of Shapell Industries, Inc., a Delaware Corporation, has completed the improvements per the Subdivision Agreement (Right-of-Way Landscaping), and in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCE OF NEGATIVE ACTION: The completion of improvements will not be accepted and the warranty period will not begin. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/11/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: J. LaRocque, 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 11, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: S. Reed, Design/Construction, M. Valdez, M&T Lab, J. Capozzo, Engineering Services, Shapell Homes 100 N. Milpitas Blvd., Milpitas 95035, Continental Insur. Co. 4150 N. Drinkwater Blvd Ste. 410 Scottsdale AZ 85251 C. 11 To:Board of Supervisors From:Julia R. Bueren, Public Works Date:December 11, 2012 Contra Costa County Subject:Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) road acceptance RA 05-01186 San Ramon area. ATTACHMENTS Resolution No. 2012/502 Bond Rider RA 05-01186 (x-ref SUB 99-08381) Alamo Creek GENERAL PURPOSE RIDER To be attached to and form part of Bond Number 929 467 100 ., effective ., NO\l~01.ber 21 , 2008 issued by the Th,e .ContinE:l.otal Insurance Compaffi'-_ in the amount of $647 ,3~qQO Si x Hundred Forty !:leVe n ThousanciIbr ee Hundred Ninety NoI 100 *** DOLLARS , on behalf of Shapell HOfl1~~., a Divisiqn ()f Shapelllndl,J§trif;)S , Inc ., a O!'lJf!,Ware Corp . as Pr incipal and in favor of CQl,Juty of Contra Costa as Obligee : Now , Therefore , it is agreed that: The amount of the Performance bond is decreased from $187 ,743 .10*** (One Hundred Eighty Seven Thousand Seven Hundred Forty Three and 10/100 Dollars***) The amount of the Performance bond is decreased to $97 ,200 .00*** (Ninety Seven Thousand Two Hundred Noli 00 Dollars***) *** It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged . This rider is to be effective the 29th day of October 2012 Signed , sealed and dated this 29th day of October 2012 " Shapell Homes, a Division of Shapellindustries, Inc., A Delaware Corp. Th~n, tine al Insurance Company , t' / / (Principal) ././ / (Surety ) By : C .. f ./ /1/~ By : ~,;a~ /L ~~ ~.l // I Pamela L. Stocks, Attorney -i n-Fact BY ~1// Y--.---J ~';~ Accepted By : County of Contra Costa By Form F534 0 (', , -'II ', POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing in surance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Pamela L Stocks, Beverly A Hall, Gina O'Shea, Sandra V Hanner, Individually of Sherman Oaks, CA, its true and lawful Attorney(s}in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its 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 the insurance company 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 Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 23rd day of February, 2011. ........ •• ::~\. 1N8ti.1° •• ~a:r-r.,;· l~.. ~\ oJ: -• :z ,3 B: \S = $; ... ~ ~'.f/· -. . .- •• •• tII .... • State of Illinois, County of Cook, ss: The Continental Insurance Company ~'l=~ Stathy Darcy ;::v~ On this 23rd day of February, 2011 , before me personally came Stathy Darcy to me known, who, being by me duly sworn, did depose and say: that she res ides in the City of Glenview, State of Illinois ; that she is a Senior Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that she knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affix ed pursuant to authority given by the Board of Directors of said insurance company and that she signed her name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. My Commission Expires September 17, 2013 CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, 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 insurance company printed on the rev~rse hereof is still in force . In testimony whereofI have hereunto subscribed my name and affixed the seal ofthe said insurance company th is L9th day of October , 2012 . ........ • ,::~" 1N8ti.1° •• ~a:r-r.,;· !~... ~\ :J: -nt :~ I;:' 0: \S = $; ... ~ • t:'.fl ............. The Continental Insurance Company Form F6850-1I2011 is Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE 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 VI-Execution of Documents Section 3 . Appointment of Attorney-in-Fact. The Chairman of the Board of Directors, the President or 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 or 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 granted and is signed by facsimile under and by the authority of the follOwing Resolution adopted by the Executive Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13 th day of January, 1989: RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affIXed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } County of Los Angeles On October 29, 2012 before me, Gina O'Shea, Notary Public Dale Here Insert Name alld Tille ollhe OllicGr personally appeared ___ ........:..P...;=a~m~e~l"""'a--=L::.:.. . ...:::S::..!t.:.oc:::!k:.!.!s~~=,.--..,.=-:-=-________ _ Name(s) 0/ Signer(s) Notary Seal who proved to me on the basis of satisfactory evidence to be the person(s) whose name(~) ism subscribed to the within instrument and acknowledged to me that ~/she/~ executed the same in ~erMlOOr authorized capacitytIoo), and that by ~er/~ signature(s} on the instrument the person(s}, or the entity upon behalf of which the person(s:) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. • ...... -.-~·.;:.\.r .. -J4 1., i , . "" .... ( .... ,. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On November 6, 2012, before me, Tuyen L. Mai, Notary Public personally appeared Robert D. Moore and Samuel S. Worden who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TUYEN L, MAl Commission # 1826455 :( • -&' • Notary Public -California ~ ~ ~ -",' Santa Clara County ~ J. .. ~ 'w' • ~r :oZJ"1 if~r:s Be,; L2 }~1 tl Optional I nformation Title or Type of Document: General Purpose Rider (Bond # 929-467-100) Effective 1/1/08