HomeMy WebLinkAboutMINUTES - 12132005 - C4 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: December 13, 2005
SUBJECT: Accepting completion of improvements for Gale Ranch(Phase II) Trails, RA 02-01136, (cross-
reference Subdivision 95-07984), San Ramon(Dougherty Valley) area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005r
JLoL for RA 02-01136, (cross-reference Subdivision 95-07984), accepting
completion of improvements for Gale Ranch(Phase II)Trails,for project being developed by Shapell Industries of
Northern California,a division of Shapell Industries,Inc.,a Delaware Corp., San Ramon(Dougherty Valley)area.
(District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer, Shapell Industries of Northern California, a division of Shapell Industries, Inc., a Delaware Corp.,
has completed the road 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.
f low
Continued on Attachment: �''` SIGNATURE:
ECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_,,r�ROVE OTHER
SIGNATURE (S):
ACTION OF BO ON APPROVED AS RECOMMENDED _OTHER
VOTE OF SUPE ORS
UNANIMOUS(ABSENT G- )
AYES: NOES:
ABSENT: ABSTAIN:
TR:LL:rm:sr I hereby certify that this is a true and correct
G:\GrpData\EngSvc\BO\2005\12-13\RA 02-01136 BO-45 DV.doc
Originator: Public Works(ES) copy of an action taken and entered on the
Contact: Teri Rie(313-2363) minutes of the Board of Supervisors On the
I.D.95-2578030
cc: Public Works -T.Bell,Construction Div. date shown.
-M.Valdez,M&T Lab
-I.Bergeron,Mapping Div.
-C.Mohammed,Engineering Svc.
-T.-October 13,2006 ATTESTED
Sheriff-Patrol Div.Commander
CHP,c/o AI JOHN S WEETE , derk of the Board of
CSAA—Cartog
Chris Low,City of San Ramon Supervisors and County Administrator
2222 Camino Ramon San Ramon,CA 94583
Shapell Industries of Northern California
Attn:S.Savage,S.Worden <
100 N.Milpitas Blvd.,Milpitas,CA 95035 Byputy
National Fire Insurance Co of Hartford
21650 Oxnard Street,#600,Woodland Hills,CA 91367
Recorded at the request of. CONTRA
COSTA Co Recorder C
Contra Costa County , HEIR ClerkwRecorder
TERHEN
Board of Supervisors . 07
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 13, 2005,by the following vote:
LYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2005/1�o
SUBJECT: Accepting completion of improvements for Gale Ranch (Phase II) Trails, RA 02-
01136,(cross-reference Subdivision 95-07984),San Ramon(Dougherty Valley)area.
(District III)
The Public Works Director has notified this Board that the improvements for RA 02-01136
(cross-reference Subdivision 95-07984)have been completed as provided in the Road Improvement
Agreement with Shapell Industries of Northern California, a division of Shapell Industries, Inc., a
Delaware Corp.,heretofore approved by this Board;
TR:LL:rm:sr
G:\GrpData\EngSvc\BO\2005\12-13\RA 02-01136 BO-45 DV.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of
Recording to be completed by COB
I.D.95-2578030 Supervisors on the date shown.
cc: Public Works -T.Bell,Construction Div.
-M.Valdez,M&T Lab
-I.Bergeron,Mapping Div. ATTESTED: t2foZ.,/Ow(o
-C.Mohammed,Engineering Svc. JOHN SWEETEN, Clerk of the Board of Supervisors and
-T.—October 13,2006
Sheriff-Patrol Div.Commander County Administrator
CHP,c/o Al
CSAA—Cartog
Chris Low,City of San Ramon
2222 Camino Ramon San Ramon,CA 94583
Shapell Industries of Northern California
Attn:S.Savage,S.Worden
100 N.Milpitas Blvd.,Milpitas,CA 95035
National Fire Insurance Co of Hartford
21650 Oxnard Street,#600,Woodland Hills,CA 91367
RESOLUTION NO.2005/ :VD6
SUBJECT: Accepting completion of improvements for Gale Ranch (Phase II) Trails, RA. 02-
01136,(cross-reference Subdivision 95-07984),San Ramon(Dougherty Valley)area.
(District III)
DATE: December 13, 2005
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of December 13,2005 thereby establishing the six-month terminal period for the filing of liens in
case of action under said Road Improvement Agreement:
DATE OF AGREEMENT NAME OF SURETY
October 1, 2002 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment (labor and materials) surety for$353,250.00,
Bond No. 929247997 issued by the above surety be RETAINED for the six month lien guarantee
period until June 13, 2005, 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 Gale Ranch (Phase II) trails, the hereinafter
described public improvements, as shown and dedicated for public use by a separate offer of
dedication(DOC 2003-0325873-00)on July 8, 2003 and as shown and dedicated for public use on
the Final Map of Subdivision 95-07984,filed October 28,2002,in Book 448 of Maps at Page 29 to
74, Official Records of Contra Costa County, State of California, are ACCEPTED AS
COMPLETE.
Upon acceptance by the Board of Supervisors, the developer, Shapell Industries of
Northern California,a division of Shapell Industries,Inc.,a Delaware Corp.,shall retain the trail
improvements for maintenance and ownership during the warranty period.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the $7,100.00 cash deposit (Auditor's Deposit Permit No. 392399, dated
September 4, 2002) made by Shapell Industries of Northern California, a division of Shapell
Industries, Inc., a Delaware Corp., and the performance/maintenance surety bond rider for
$104,910.00, Bond No. 929247997 issued by National Fire Insurance Company of Hartford be
RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release
by this Board.
All deposit permits are on file with the Public Works Department.
CMA SURETY
RA 1136, XREF SUB 7984
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and formP art of Bond Number 929 247 997 issued by the
National Fire Insurance Company of Hartford .,as
Surety, on behalf of Sha ell Industries of Northern California,a Division of Sha ell Industries,Inc.,a Delaware Corp. of
Milpitas, CA , hereinafter referred
to as the Principal,and in favor of County of Contra Costa
of Martinez, CA , hereinafter
referred to as the Obligee, effective the 23rd day of August 2002
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 8th day of November 1 2005 ,and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby **DECREASED** from the sum of
Six Hundred Nines Nine Thousand Four Hundred No/100 Dollars ($ 6991400.00*** },to the
sum of One Hundred Four Thousand Nine Hundred Ten No/100 Dollars{$104,910.00*** •
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 Six Hundred Ninety Nine Thousand Four Hundred No/100 Dollars ($099,400.00***
or for any loss occurring subsequent to said date shall not exceed the sum of
One Hundred Four Thousand Nine Hundred Ten No/100 . Dollars ($104.910.00*** }.
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 9th day of __.__ember. 2005.
aY
Accepted Shapell Industries of Northern California,a Division
Coun of Contrr�sta of Shapell Industries, Inc., a Delaware Corp.
(Principal)
By164�
p, By (Seal)
By (Seal)
National Fi Insurance Company of Hartford
4ty)
Form F4763
(Seal)
r Attorney-in-Fact
I�amela L. Stocks,
rVWEX UYATTV"EY AFFUIXI'ING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a
Connecticut 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 Manner,Gina O'Shea,Individually
of Sherman Oaks,CA,their true and lawful Attorneys)-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 12th day of September,2005.
Continental Casualty Company
National Fire Insurance Company of Hartford
Casualty Company of Reading,Pennsylvania
00"POPAre 0; American,
0 41 JULY 31,
SEAL 191Z
Michael Gengler Sen' r Vice President
State of Illinois,County of Cook,ss:
On this 12th day of September,2005,before me personally came Michael Gengler 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,a Connecticut 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.'MEOW
Notary Public,Suft of No" + •
My Cownission Ex**&3115M9
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,a Connecticut 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
9th day of NLoverrber "005
elks Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
)ULY 31,
W
891
Mary A.Rtbikaiekis 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 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 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 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 made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board
of Directors of the Company.
"RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,
appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and
other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall
have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The
President an Executive Vice President,any 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, 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."
State of California
County of ^ Los An eles
i
On
November 9, 2005 before me, Sandy Hanner-Notary Public
pate NAME. TITLE OF OFFICER.. "JANE 00E. NOTARY PUBLIC
personally appeared Pamela L. Stocks
P Y � NAME(S) OF SIGNER(S)
(..x,.) personally known to me--OR - -proved to ire on the basis of satisfactory evidence to be
the person(s) whose name(s) isl sr subscribed to the within instrument and acknowledged to me that
he/she/fit executed the same in /her/fair authorized capacity(es), and that by /her/ i
signature(s) on the instrument the person(g), or the entity upon behalf of which the person(%) acted,
executed the instrument.
SANDYHANNE F
R WITNESS y hand and offi ' seal.
Commission#1362157
Notary Public-California
Los Angeles County
.
SIGNATURE OF NOTARY
My Comm.Expires Jul 2,2
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
(..�.._.) INDIVIDUAL
{._._.) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) t....._.) LIMITED
t } GENERAL
NUMBER OF PAGES
(x...) ATTORNEYoIN-FACT
TRUSTEE(S)
{._._..) GUARDIAN/CONSERVATOR
(........} OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Qanygj Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
G-107426-IB
NOT�ICE
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds and certain insurance policies on-which one or more of the
Writing Companies identified below is the surety or insurer.
To prm* cipals on bonds and insureds on certain insurance policies written by any one
or more of the following compa,nies (collectively the "Writing Companies") as surety
or insurer: Western Surety Company,Universal Surety of America, Surety Bonding
Company of America, Continental Casualty Company, National Fire Insurance
Company of Hartford,American Casualty Company of Reading, PA, The Fir6men's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
DISCLOSURE OF PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
CL UR FEDE.R.AL-PARTICIPATION Ih! PAYMENT OF TERRORISM
LQE—SES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible,
Form F7310
r>
>> CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California J`
County of Santa Clara
On November 10, 2005, before me, Janice T. Kruse,Notary Public personally appeared
Robert D. Moore and Ken Cox known to me to be the persons whose name are
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities, and that by their signature on the instrument, the persons or
the entity upon behalf of which the persons acted, executed the instrument.
< ii
>,
KRus�
>1l � �T. WITNESS my hand and official seal. 1
Commission# 1597428
NotaryPublic-California
S Santa Clara County
My Comm.Expires Aug 24,2
.t
.J
Sidmature of Notary Public
Optional Information
Title or Type of Document: Decrease Rider-RA-1136 Tract 7984 r'
�� 11
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of'5
Shapell Industries, Inc.
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