HomeMy WebLinkAboutMINUTES - 12132005 - C6 TO: BOARD OF SUPERVISORS
\ I
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: December 13, 2005
SUBJECT: Accepting completion of improvements for Stoneleaf Road, RA 03-01152, (cross-reference
Subdivision 8306), San Ramon (Dougherty Valley) area. (District III)
SPECIFIC REQUEST(S)OR REC,OMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/ D for RA 03-01152(cross-reference Subdivision 8306), g completion
acce tin
p
of improvements for project being developed by Shapell Industries, Inc., (San Ramon (Dougherty Valley) area.
(District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer, Shapell Industries, Inc., 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: l
The completion of improvements will not be accepted and the warranty period will not begin.
Continued on Attachment: SIGNATURE:
----- ec4e'
ECOMMENDATION OF COUNTY ADMINISTRATOR
'RECOMMENDATION OF BOARD COMMITTEE
�A APPROVE OTHER
�7c
SIGNATURES :
ACTION OF BOA ON I e4 APPROVED AS RECOMMENDEDOTHER
VOTE OF SUPERVISORS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT G. ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
TR:sr
G:\GrpData\EngSvc\BO\2005\12-13\RA 03-1152 BO-45 DV.doc
Originator: Public Works(ES) ATTESTED: � Q►
Contact. Teri Rie(313-2363) - I
I.D.95-2578030 JOHN SWEETEN, Clerk of the Board of
cc: Public Works -T.Bell,Construction Div. Supervisors and County Administrator
-M.Valdez,M&T Lab
-I.Bergeron,Mapping Div.
-C.Mohammed,Engineering Svc.
-T.—10/13/06
Sheriff-Patrol Div.Commander By , Deputy
CHP,c/o Al
CSAA—Cartog
Sam Worden and Steve Savage,Shapell Industries,Inc.
100 North Milpitas Blvd.,Milpitas,CA 95035
National Fire Insurance Company of Hartford
5820 Canoga Avenue,Suite 200,Woodland Hills,CA 91367
CONTRA COSTA Cc Recorder Office
Recorded at the request of: STEPHEN L, WEIR Clerk-Recorder
Contra Costa County
Board of Supervisors DOC" 2006" 048 1809�00
Return to: Thur!s�da� DEC 15, 2005 11:04:34
Public Works Department 0,
Engineering Services Division FRE $0.00
Tt I Pd $0,00 Nor-000304315
1 rc/RSA'1-9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 13, 20055 by the following vote:
AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2005/ O
SUBJECT: Accepting completion of improvements for Stoneleaf Road, RA 03-01152, (cross-
reference Subdivision 8306), San Ramon(Dougherty Valley) area. (District III)
The Public Works Director has notified this Board that the improvements for RA 03-01152
(cross-reference Subdivision 8306) have been completed as provided in the Road Improvement
Agreement with Shapell Industries, Inc., heretofore approved by this Board;
TR:sr
G:\GrpData\EngSvc\BO\2005\12-13\RA 03-1152 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)
Recording to be completed by COB action taken and entered on the minutes of the Board of
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: j a
-C.Mohammed,Engineering Svc.
-T.—10/13/06 JOHN SWEETEN, p Clerk of the Board of Supervisors and
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 B
Sam Worden and Steve Savage,Shapell Industries,Inc. y , Deputy
100 North Milpitas Blvd.,Milpitas,CA 95035 -----'
National Fire Insurance Company of Hartford
5820 Canoga Avenue,Suite 200,Woodland Hills,CA 91367
RESOLUTION NO.2005/ ��
SUBJECT: Accepting completion of improvements for Stoneleaf Road, RA 03-01152, (cross-
reference Subdivision 8306), 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
August 17, 2004 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,898,350.00,
Bond No. 929299749 issued by the above surety be RETAINED for the six month lien guarantee
period until June 13, 2006, 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 road improvements on Stoneleaf Road the hereinafter
described road,as shown and dedicated for public use by a separate offer of dedication(DOC 2004-
0239932-00) on June 22, 2004, Official Records of Contra Costa County, State of California, are
ACCEPTED AS COMPLETE.
Road Name Road-R/W Widths Lengths (Miles)
Stoneleaf Road varies 37'-50'1801-92' 0.71
Upon acceptance by the Board of Supervisors, the developer, Shapell Industries, Inc.,
shall retain the road 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$389000.00 cash deposit(Auditor's Deposit Permit No.DP 425624,dated June
39 2004) made by Shapell Industries of Northern California, and the performance/maintenance
surety bond rider for $563,805.00, Bond No. 929299749 issued by National Fire Insurance
Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the
Ordinance Code until release by this Board.
All deposit permits are on file with the Public Works Department.
CNASURETY RA-1152(XRef Sub 8306)Gale Ranch III, Stoneleaf Road
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 929 299 749 issued by the
National Fire Insurance Company of Hartford as
Surety, on behalf of Shap ell Industries of
Milpitas, CA , hereinafter referred
to as the Principal, and in favor of County of Contra Costa
of Martinez, CA , hereinafter
referred to as the Obligee, effective the 26th day of May 2004 .
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 7th day of September 2005 , and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby **DECREASED** _ from the sum of
Three Million Seven Hundred Fifty Eight Thousand Seven Hundred No/100' Dollars($ 317581700.00** to the
sum of Five Hundred Sixty Three Thousand Eight Hundred Five No/100** Dollars ($ 563 805.00**
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 Three Million Seven Hundred Fifty Eight Thousand Seven Hundred No/100** Dollars ($3,758,700.00** )
or for any loss occurring subsequent to said date shall not exceed the sum of
Five Hundred Sixty Three Thousand Eight Hundred Five No/100** Dollars($ X805.00** ).
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 7th day of September. 2005
Accepted
Shapell Industries
County of Co ra oeta , Inc.,,� oeli
(Principal)
By By
.
tHN S . LUEDEMANN, ASST. SEC.
SY _� _ (Seal)
ROBERT. D. MOORE, ASST. V.P.
National Fire Insurance Company of Hartford
Form F47fi3
,✓ r I
By �_ (Seai)
Gina O'Shea Attorn ey-in-Fact
A&a a 'VAI I JL A_LV%.Y JLJ I A.PA T JLJVIL)t%JLJ ri 1 A WKNIIJEJ I Pik.,A
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 Hanner,Gina O'Shea,Individually
of Sherman Oaks,CA,the I ir 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 21st day of March,2005.
Continental Casualty Company
National Fire Insurance Company of Hartford
OCYAPO"re 01
?9 American Casualty Company of Reading,Pennsylvania
2 MY 31,
SEAL 64,1
1891 Haag
Michael Gengler Sen Y r-Vice'* President
State of Illinois,County of Cook,ss:
On this 21st day of March,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.
_0 I q R A ON 04- z
OFFICLA.L SEAL I
Now/
U 17A PRICE
m
Imy nwic.STATE OF tun=
a
"TOM oo, (PAW)
My Commission Expires September 17,2005 Eliza Price 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
printpd 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
7th day of Se=Pterrber 2005
0AS kw QA Continental Casualty Company
National Fire Insurance Company of Hartford
00PPORAre CIO .4W0Wr
American Casualty Company of Reading,Pennsylvania
Z MY 31,
SM
'a� off°
Mary A. kikai&is 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 17th 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, bond, 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 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'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-is.rnade 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 Angeles
r.rmr.rr�r.wrir rte.wr.�.�rrrr.r..
September 7 200r before ate, Sandy Hanner-Notary Public
On Date ,
NAME. TITLE OF OFFICER.. "JANE DOE. NOTARY PUBLIC"
personally appeared Gina O'Shea
NAME(S)of SIGNER($)
WX.) personally known to me -OR - � ,} proved to me on the basis of satisfactory evidence to be
the person(s) whose name( is/sw subscribed to the within instrument and acknowledged to me that
ke/she/t executed the same in Ther/jhkr authorized capacity), and that by /herb
signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted,
executed the instrument.
VVITN4SIGNATURE
y hand and cial seal.
SANDY HANNER 14
. .r: Commission#13621.67SIM ` Notary Public-Californias OF NOTARY
Los Angeles County
My Comm.Expires Jul 2,2006 OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
(,_.....} CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
t.w._.,..}
PARTNER(S) (.,.�.� LIMITED
GENERAL
NUMBER OF PAGES
(.x..1
ATTORNEY-IN-FACT
(�...y TRUSTEE(S)
(.._._..}
GUARDIAN/CONSERVATOR
(..._.} OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON($) OR ENTITY(IES)
Natinnal Fire I s, can Company„Qf„Ha Word
SIGNER(S) OTHER THAN NAMED ABOVE
(3•107426.9
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
1
State of California
County of Santa Clara
� On September $,2005 before me,Janice T. Kruse,Notary Public personally appeared, r`
Robert D. Moore&John Luedemann personally known to'me to be the persons whose
names are subscribed to the within instrument and acknowledged to me that the
executed the same In their authorized capacity, and that by their signature on the ;r
instrument the persons,or the entity upon behalf of which the persons acted,d, executed the
instrument.
JANICE r KRUSE
Commission#1597428 WITNESS my hand and official seal. >
s� � Notary Public-California
Santo ciaTo County
My Comm.Expires Aug24,2C0
Si Lure of Notary Public
Optional Information
1`
Title or Type of Document: Decrease Rider- RA-1152 Sub 8306, Gale III Stonelead
Road <>}
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
>>
Shapell Industries,Inc..
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NOTICE
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.
Toprincipals on bonds and insureds on certain insurance -policies written by any one
,or more of the following companies (collectiv Gly 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 Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
DISCLOSURE OF PRISMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
DISCLOSUM-OF FEDERAL PARTICIPATION IN PARENT OF TERRORISM
LOIS,SES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Form F7310