HomeMy WebLinkAboutMINUTES - 11152005 - C9 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
V
DATE: November 15, 2005
SUBJECT: Accepting completion of improvements for Valley View Park, PA02-00009 (cross reference
SUB 95-7984 San Ramon ou herty Valleyl area. :(District III}
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/7.4.. for PA 02-00009(cross reference SUB 95-7984), accepting completion of
improvements for Valley View Park,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,Shaped Industries of Northern California,a Division of Shapell Industries,Inc.,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 thewarranty period will not begin.
Continued on Attachment: A,/ SIGNATURE':
✓RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGN' TURES
ACTION OF'BO ON e,-"? L- ASS`' APPROVED AS RECOMMENDED OTHER
vt7T of SUPERVISORS _J' I hereby certify that this is a true and.correct
V UNANIMOUS(ABSENT fj/0 W 4—___1 copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
LL:rm
G:\G€pDataEng5vc\B0\2005\I 1-151PA 02-00009 BO-45 DV.doc
Originator: Public Works(ES)
Contact:Teri Rie(313-2363) 1 �
I.D.95-2578030
cc: Public Works -T.Bell,Construction Div.
=M.Valdez,M&T Lab JOHN SWEETEN, Clerk of the Board of
-1.Bergeron,Mapping Div.
-B.Balangan,Engineering Svc. Supervisors and County Administrator
T.—May 2005
Sheriff-Patrol Div.Co€natander
CHP,c/o Ai
CSAA—Cartog
Chis Low,City of San Ramon By , D epUty
2222 Camino Ramon,San Ramon,CA 94583-,
Shapell Homes
100N.Milpitas Blvd.
Milpitas,CA 95035
A€to:,Sam Worden
National Fire Insurance Company of Hartford
2355 E.Canielback Road,Ste H500'
Phoenix,AZ 850115
Attn:Margaret F.Leong
X111 iil 1i i lil I�ll�i i�lei li 111 l
Ilillll�lill4i111�_
CONTRA COSTA Co Recorder Office
STERNEN L. gEIR ierk-Record r 2-00
Recorded at the request of: DOC. 2OW004'444
Contra Costa County �+
Board of Supervisors w dnesd:y, NOV 16, 200°5 14:21:41
r�4
Return to: FRE $0.00 �iir"���� �ii�
Public Works Department
Engineering Services Division Tt 1 Pd so'to 1 r c/R9/1-9
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 Uilkeina
NOES, None
ABSENT: None
ABSTAIN- None
RESOLUTION NO 2005)
SUBJECT: Accepting completion of improvements for Valley View Park, PA 02-00009(cross
reference SUB 95-7984), San Ramon(Dougherty Valley)area. (District III)
These improvements are approximately located near Monarch Road and North Wedgewood
Road.
The Public Works Director has notified this Board that the improvements for PA 02-00009
(cross reference SUB 95-07984 have been completed as provided in the Subdivision(Right-of-Way
Landscaping) Agreement with Shapell Industries of Northern California, a Division,of Shapell
Industries,Inc.,a Delaware Corp.,heretofore approved by this Board;
LLam
G.%GrpData\EngSvc\B0\2005\11-25\PA 02-00009 BO-45 DV.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Teri Ric(313-2363) action taken and entered on the minutes of the 'Board of
Reeorti#ttgto be completed by COB
rr .95 2578030 Supervisorson the date shown.
cc Public Works T.Belt,'Construction Div:
M.Valdez,M&T Lab
-I.Bergeron,Mapping Div. ATTESTED:lij+r!' �'' G+✓ J � 40457
B.Balangan,Engineering Svc. JOHN SWEETEN, Clerk of the Board of Supervisors and
-T.—May 2006
Sheriff-Patrol Div.Commander County Administrator
CHP,Ic/o Al
CSAR-Cartog
Chris Low,City of San Ramon
2222 Camino Ramon,San Ramon,CA 94583 By ,Deputy
Shapell Hornes
100'N.Milpitas Blvd.
Milpitas,CA 95035
Attn.Sant Worden
National Fire Insurance Company of Hartford
2355 E.Carr ell ack Road,Ste H500
Phoenix,AZ 85015
Attn:Margaret F.Leong
r
RESOLUTION NO.'20051
SUBJECT: Accepting completion of improvements for Valley View Park,PA 02-00009(cross
reference SUB 95-7984), San Ramon(Dougherty Valley) area. (District III)
DATE: November 15,2005
PAIGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of November 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
May 6, 2003 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$979,750.00,Bond No.
929270195 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 park improvements in Valley View Park,the hereinafter
described park,as shown and dedicated for public use by a separate offer of dedication(DOC 2003-
0300346-00)on the Final Map of Subdivision 95-07984,filed October 28,;2002,in Book of Maps at
Page 29,Lot O,Official Records of Contra Costa County,State of California,are ACCEPTED AS
COMPLETE:
Park Name APN Number Area(acres)
Valley View Park 222-240=020 10.012
Upon acceptance by the Board of Supervisors,the San Ramon City Council shall accept
the Valley View 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$19,600.00 cash deposit(Auditor's Deposit Permit No.400971,dated February
25, 2003),made by Shapell Industries of Northern California, and the performance/maintenance
surety bond rider for $290,985.00, Bond No. "929270196 issuedby National Fire Insurance
Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the
Ordinance Code until release by this Board.
All deposit permits are on file with the Public Warks Department.
A-Sox., .
Tract PA-0009(Cross Ref SUB 7984)
Neighborhood 9 Park at Gale Ranch 11
INCREASE DECREASE RIDER
TO BE ATTACHED TO and form part of Band Number 929 270 196 issued by the
National l=ire Insurance Company of Hartford as
Surety,on behalf of Sha I Industries of Northern California a Division of Shapell Industries Inc. a Delaware gor . of
Milpitas,CA hereinafter referred
to as the Principal,and In favor of County of Contra Data
of Martinez,CA hereinafter
referred to as the Obligee,effective the 19th day of February, 2003
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration It
is understood and agreed that effective the 15th day of August` ZaQS_ and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby **DECREASED** " from the sum of
One Million Nine Hundred Thirty Nine Thousand Nine Hundred No/100** Dollars($ 1.939+900.00*" j,to the
sum of Two Hundred Nine Thousand Nine Hundred Eight Five No/100"**_ Dollars($ 290,985.00** }:
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 One Million Nine Hundred Thirty Kline Thousand Nine Hundred No/10V Dollars($ 1,939,900.00*" y
or for any loss occurring subsequent to said elate shall not exceed the sum of
Two Hundred Ninety Thousand Nine Hundred Eight Five No/100** Dollars($290.985.00*" },
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 1Sth day of August,2005
Accepted Shapell Industries of Northern California,a Division
County of ntra 'osta of Shapell Industries, Inc., a Delaware Corp.
Principa
By By a� (Seal)
ROB T MOORE, ASST V.P.
By - (Seal)
K COX, ASST SEC.
4iional i°-Ir Insurance Company of Hartford
Form F4763 ety)
? , (Seal)
Pamela L. Stocks Attornoy-in-Fact
r
4<
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
Stateof California
li
County of Santa Clara
On August 17,2005,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
4 the entity upon behalf of which the persons``acted,'executed the instrument.,
y�
ic"E 1"'KRUSEWITNESS my hand an official seal.
s
Commission# 18697
Notary Public•CO
iitomia
Santa Clara County
My Comas.Expires Aug 24.20 0.5 �. )Siature of Notary Public
Optional Information
Title or Type of Document: Decrease Rider-Tract 7984-PA-0049
F
Capacity Claimed by Signer, Assistant Vice President and Assistant Secretaryaif
Shamil Industries,;Inc.
r
POWER OF ATTORNEY APPOINTING 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 organizedand 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,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,drily
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
meows American Casualty Company of Reading,Pennsylvania
v SEAL
Michael Crengler Sen' Vice President
State of Illinois,County ofCook,ss:
On this 21 st 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
describes 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
NUZA PRIM
LLYEiO�IMNM7MWAT*C*KUMNi:
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
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 August ,2005
A,,UALr Continental Casualty Company
National Fire Insurance Company of Hartford
*0
TV , °karya .American Casualty Company of Reading,Pennsylvania
x ,ic,
1
Mary A.ktikai@kis 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 dike 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 vl--Executionof 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 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 sea] 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 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."
. m":, ..
r :, .
State of California
County of Los Angeles
Cars August'15,2005 Sandy Harmer-Nota Public
before me,
G�Itt NAME, TITLE OF 00110ER., "JANE CtOE.NOTARY PUBLIC
personally appeared Pamela L.Stocks
NAME(S)OF SIGNER(S;
{ X )personally known to me OR-(}proved to a on the basis of satisfactory evidence to be
the person(s)whose name(S) is/so subscribed to the within Instrument and acknowledged to me that
Wsholihn executed the same in*ft/her/**v authorized capacity ). and that by ki therlttx*
signature(s)on the instrument the person(#), or the entity Upon behalf of which the person(t) acted,
executed the instrumetnt.
YVITNI:$S y bend and stat seal"
SANDYH
Commissionb62167
Notary Public-CafifOrnia r
Los AAgeiat County
O' My
Vii=AtC�T/sFtY
qo mm.Expires Jul 2,2tlt't6 OPTIONAL
Though the data below Is not required by law, it may prone valuable to persons relying on the document
and could prevent fraudulent reattachment of this farm.
CAP'ACIT'Y CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
4. :..? CORPORATE OFFICER
TITLE(S) TITLE OR`TYPE OF DOCUMENT
( �
PARTNER(S) (..__}LIMITED':
4,t GENERAL
NUMBER OF PACES
(-X-) ArrIORNEY IN-PAC T
{_..} TRUSTEE{S}
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIONiER IS REPRESEIMNGt
NAME OF PERSONS)OR ENTITY(IES)
NatinnaI Fires Ingjaaare{`ampan..Y'of Haff Mrd
SIGNER(SI OTHER THAN NAMED ABOVE:,
NOTICE
E
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, (collpetively 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.
DI car QSUREQF PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
C CTRE_OF FEDEgALE&EIICIPMONIN P E OF TERRORISM
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses'exceeding
the applicable surety/insurer deductible.
Form F7310