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HomeMy WebLinkAboutMINUTES - 11152005 - C8 TO: BOARD OF SUPERVISORS FROM: MAURICE M.SHIU,PUBLIC WORKS DIRECTOR DATE: November 15, 2005 SUBJECT: Accepting completion of improvements for Hidden Crest Park, PA 02-00003 (cross reference SUB 95-07984), San Ramon(Dougherty Valley)area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(s)&BACKGROUND AND JUS'T`IFICATION RECOMMENDATION(S): , ADOPT Resolution No. 2005/ for PA 02-00003(cross reference SUB 95-07984),accepting completion of improvements for Hidden Crest Park,for project being developed by Shapell Industries of Northern California,San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer,Shapell Industries of Northern California,has completed the park improvements per the Subdivision (Right-of-Way Landscaping) 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. Continued on Attachment: '' SIGNATURE: COMMENDATION OF COUNTY'ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,..APPROVE OTHER SIGNATURE S - ACTION OF>BO ON G ;L' hS .2 0 t>c S APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT ' 1 AYES: NOES: I hereby certify that this is a true and correct ABSENT: ABSTAIN: LL:rm copy of an action taken and entered on the G:\GtpData\EngSvc\BOi2005\11-15\PA 02-00003 B045 DV.doc Originator: Public Works(BS) minutes of the Board of Supervisors on the Contact;Teri Rie(313-2363) date Shown. I.D.95-2578030 cc: Public Works T.Bell,Construction Div. M.Valdez,M&T Lab I.Bergeron,Mapping Div. -B.$May 2006E''ngineering Svc. ATTSTED:J►o � ei Sheriff-Patrol. Div.Conunander JOHN SWEETEN, Clerk of the Board of CHI',c/o Al CSAA-Cartog Supervisors and County Administrator Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Shapell Industries of Norther California 100 N.Milpitas Blvd. J Milpitas,CA 95035 By "�"_—��' >Deputy Attn:Sam Wotden National Fire Insurance Company of Hartford 21650 Oxnard Street,#600-4 Woodland Hills,CA 91367 Attn:Margaret F.Leong CONTRA COSTA Co Recorder Office STEPHEN L, WEIR Clerk-Recorder Recorded atthe request'of: DOC-- 2005—@444JIX11+�—(,1�0 Contra Costa.County w �J 'T�lt.7 v�J Board of Supervisors Wednesday, NOV 16, 2003 14:21:44 Return to: FRE $0.00A,0h ry+ Public Works Department' Tt l Pd $00 Nbr-0003N2716 Engineering Services Division 1rc!'R9l1-9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 15, 2005,by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES. None ABSENT-.: None ABSTAIN: None RESOLUTION NO.,200513- SUBJECT: Accepting completion of improvements'for Hidden Crest Park,PA 02-00003 (cross reference'SUB 95-07984), San Ramon(Dougherty Valley) area. (District III) These improvements are approximately located near Asterbell Drive and Star Jasmine Drive. The Public Works Director has notified this Board that the improvements for PA 02-00003 (cross reference SUB 95-07984 have been completed as provided in the Subdivision(Right-of-Way Landscaping)Agreement with Shapell Industries of Northern California,heretofore approved by this Board; LL:nn G:\GipData\EngSvc\BO\2005\1 1-1STA 02-00003 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 tobe 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:'e""/4 c �i a„ze B.Balangan,Engineering eve. JOHN SWEETEN, Clerk of the Board of Supervisors and -T.–May 2006 Sheriff-Patrol Div.Commander County Administrator CHP,c/o Al CSAR-Cartog Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 By , Deputy Shapell Industries of Northern California 100 N.Milpitas Blvd. Milpitas,CA 950335 Attn:Sam Worden National Fire Insurance Company of Hartford 21650 Oxnard Street,#600-4 Woodland Hills,CA 91367 Attn:Margaret F.Leong RESOLUTION NO.20051 � - SUBJECT: Accepting completion of improvements for Hidden Crest Park,PA 02-00003(cross reference SUB95-07984), San Ramon(Dougherty Valley) area. (District III) DATE: November 15,'2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as ofNovember,15,2005 thereby establishing the six-month terminal'period for the filing of liens in case of action under said Subdivision(Right-of-Way Landscaping)Agreement: DATE OF AGREEMENT NAME OF SURETY September 17, 2002 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials)surety for$273,900.00,Bond No. 929247992 issued by the above surety be RETAINED for the six month lien guarantee period until May 15,2006,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 Hidden Crest Park, the hereinafter`described park, 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, Lot G, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE Park Name APN Number Area(acres) Hidden Crest Park 222-250-149 2.066 Upon acceptance by the Board of Supervisors,the San Ramon City Council shall accept the Hidden Crest Park for maintenance 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$5,500.00 cash deposit(Auditor's Deposit Permit No. 391840,dated August 22,'-2002)made by Shapell Industries of Northern California, and the performance/maintenance surety bond rider for$81,330.00,Bond No.929247992 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department; 0 WRETYF"A-0003r CialB Ranch 11 XREF SUB 7984,N-1 INCREASE h DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 247 992 issued by the National Fire Insurance Company+of Hartford as Surety,on behalf of ShaptJ.11ndustries of Northern Califomia,a Division of Shapell Industries,Inc.,a Delaware Corp. of WNW.as,CA hereinafter referred to as the Principal,and in favor of untyof #ra Custa of Martinez,CA hereinafter referred to as the Obligee, effective the 14th day of August 2002 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 15th day of Aught 2005---,, and subject to all the terms, conditions and limitations of the attachedbond,the penal sum thereof shall be and the same is hereby **DE REASED** _ from the sum of Five Hundred Forty Two Thousand Two Hundred Nof100** Dollars( 542,200.00" to the Eighty One Thousand Three Hundred Thirty Nof100** Dollars($ } sum of 81,33t}.00** IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached band, the aggregate liability of the Surety;for any loss occurring prior to said date shall not exceed the sum of Five Hundred Forty Two Thousand Two Hundred No1100** Dollars($ 842,200.00**' ), or for any loss occurring subsequent to said date shall not exceed the sum of l_ ioh_ One Thousand Three Hundred Thirty No11 Q0** Dollars($ 81,330.00** j 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 15th day of August,2005 Accepted Shapell Industries of Northern California,a Division County of C ra sta of Shapell Industries, Inc., a Delaware Corp. Pr' cipal)j By 8 ~ y (Seal) ROBE I7 MOORE, ASST. V.P. 0Y — _(Seal) ISE COX, ASST. SEC. National lire Insurance Company of Hartford' Form F4783 (Surety/ � (Seal) Pariela L. Stocks httorneyAn-Fact civ � '.l v✓.%. ✓. ^ ~ . i /'/ i ,,�<.. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT` State of California County of Santa Mara >? On August 17,2005,before me,Janice T. Kruse,Notary Public personally appeared ;4 Robert D.Moore and Ken Cox known to ono to be the persons whose name are t{ ?; 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. >� .lAN10E r.Kart ITNESS rn hand and official seal. Commission#1318697 y - Notary Public-California Soft Clara County My Comm ExOm Aug 24,2006 < Signature of Not Public ` Optional Information Title or Type of Document: Decrease Rider-Tract 7984-PA-0003 >`< s Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Sh�►>-ell Industries, Inc. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know Ali 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 Stacks,Beverly A Ball,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-in-Fact with full power and authority herebyconferred 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. AMS�<r glsuq 0m , Continental Casualty Company p ` National Fire Insurance Company of Hartford °"v`eAmerican Casualty Company of Reading,Pennsylvania 1807 ipR� Michael Gengler Sen' r�icresiders# State of Illinois,County of Cook,ss: On this 21st day of March,2005,before me personally came Michael Gengler tome 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 SEA#.RJU FIRM • tar�n w�ue.nate a aawas wraw00wernswr My Commission Expires September 17,2005 Eliza Price Notary Public CERTIFICATE 1,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 hereinabove 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 15th day of Augumt 2005 GAstMCr � ,!� Continental Casualty Company ,e National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania JUL 31, � 1801 tfp/tt� Form F'6853-1 1/2001 Mary A.R ika kis Assistant Secretary Authorizing By-Daws 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 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 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 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-la-Fact Section 2, 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 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;mectingduly called and held on the 170'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 seated 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 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 17th 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." E:x..: x:x :x::xx ---:.::......:x.:•....: ........ q..... ... .. . n... .. Ea....:u.....' 3E..... ..a,:..:.:: ....:a .....: ..., .�... - '_.3_.............11r.... ...... .... ......i....nP....3i I....q l....fi.....ln.....3.......s.......3.....i..... .....Ex...x:.a.,v..r.. r. .c -guar::::....:. ..... ...- .... ...._. ... ._..._.....__.......3>flt.. rl:.... ,...' :.!:glq....3H.... .......q.....8.................... .._.........L...3E.... ......s....n:n....nn....3.....E a... .....3......::....s:s.... ... :... .... -..-.: :... ....- ............" ......r.; .� 'Ii;.::: .. q .... .q ... ..,3 qi 3 qq n!yt 3., 3i,:. 31 .311Ei�fr nfl 't33Iu..,axxx 31na...aaxsl x iq n.;n��:#:.31fl1' .a:Ejigna MIIN---3iq 3III1 €3iin State of California County of,� Los Angeles On August 15,2005 Sandy Hanner-Notary Public before me. , Oste r+AMIr'. TITLE OF©r:F+cER.. 'JANE DOE. NOTARY PUBLIC' personally appeared Pamela L.Stocks NAMI(s)OF SIGNER(S) (x) personally known to me- OR-(—) proved to me on the basis of satisfactory evidence to be the persons) whose name(a) ishm*subscribedto the within instrument and acknowledged to me that reefshe/tib( executed the same in>fs/herlfleav authorized€sapacityiWo), and that by Itis/her/tow signature*on the instrurnent the person($), or the entity upon behalf of which the person(s) acted, executed the instrument. I s � 2WI'TNESS y'hand and tial seal. SANDYHANNEf2 Commission#1362157 o Notary Public-California StGNA AE� O D ABY' Los Angeles Cow" Comm.Expires Jut 2,20013 OP EIONAL 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 I3Y SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL (... ) CORPORATE OFFICER TITLES) TITLE OR TYPE OF DOCUMENT PARTNER(S) (:) LIMITED (T)GENERAL NUMBER OF PAGES (� ) ATTORNEY-IN-FACT O TRUSTEE(S) (._) GUARDIAN/CONSERVATOR (__) OTHER DATE OF DOCUMENT SIGNER 1S'REPRESENTING: NAME OF PERSON(S) OR ENTITY(JES) .Natinnal Firp Incur:nce Campy ofHadjofd SIGNER(S)OTHER THAN NAMED ABOVE G-tOT426•e 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. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (mllpctively 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. D1S,CLQFjjjR,Z OF PRE UFSUIVI The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). I DERAL MR-TICIP-ATION IN PAYMENT OF TERRORISM LSE The United Mates will pay ninety percent (9011a) of covered terrorism:lasses exceeding the applicable surety/insurer deductible. Form F7314