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Home My WebLink AboutMINUTES - 12192006 - C.19 TO: BOARD OF SUPERVISORS G`:. Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR --:- Costa DATE: December 19 2006 _ - Count y SUBJECT: Accepting completion of improvements, Road Acceptance 05-01193 (cross-reference Subdivision 95-07984), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOi\9MENDATION(S): /,// ADOPT Resolution No. 2006/ (P for Road Acceptance 05-01193 (cross-reference Subdivision 95-07984), accepting completion of improvements, for project being developed by Shapell Homes, 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 Homes, a Division of Shapell Industries, Inc., a Delaware Corp., has completed the subdivision improvements per the Subdivision 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: r-'-- SIGNATURE: i t'-COMMENDATION OF COUNTY ADIMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —kPfROVE OTHER SIGNATURES : Z ACTION Or BO DON APPROVED AS RECOMMENDED OTHER VOTE OF SUPE _ Sops I hereby certify that this is a true and correct copy of an action taken and entered on the (V4C4.NT)•DIS.T. IV minutes of the Board of Supervisors on the A YES----------- !VOF_S:----------- > -- ,4BSF_IVT-------------IBSTAIN-------------- date shown. Orisina I.,:-- -Public Works(ES)-- -- — - - - - Cuntact: Teri Ric(313-2367) Recording to be completed by COR D.95-25780307 ATTESTED: cc: Public Works -A Bell,Construction � -P.Tchancy,MST Lab JOHN CULLEN, Clerk of the Board of -I.Bergeron,Mapping Div -T Engineering Svc. T-October 19,2007 P >Supervisors and County Administrator - . Sheriff-Patrol Div.Comtttander CIIP,c/o AI CSAA-Caring Chris 1 ow,City of San Rvnon 22222 Cv»ino Rvtton San Ranson,CA 94583 By , Deputy Shapell)I lontcs J 100 N.Milpitas Blvd Milpitas,CA 95035 .Amt.Sant Worden and Steve Savage . National Fire Insurance Company of Hartford 2355 E.Cwnclback Road,Suite 500 Phoenix,AZ 85016 Atm:Pvnela L.Stocks IIII III IN 1 iiIIIII I i CONTRA COSTA Cc Recorder Office STEPHEN L, WEIR, Clerk-Recorder Recorded at the request of: DOC— 2006-0406365-00 Contra Costa County Wednesday, DEC 20, 2006 15:07:15 Board of Supervisors FRE $0.00 Return to: Tt I Pd $0.00 Nbr-0003533183 Public Works Department Engineering Services Division 1 re/RS/1-8 THE .BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 19, 2006 by the following vote: AYES: SUPERVISORS UI.LKEIIIA, PIEPHO, GLOVER, AND GIOIA NOES: NONE VACANT: DISTRICT Iv RESOLUTION NO. 20061 ,:f15#4' SUBJECT: Accepting completion of improvements,Road Acceptance 05-01193 (cross-reference Subdivision 95-07984), for project being developed by Shapell Homes,a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) These improvements are located on N. Wedgewood, Bollinger and Dougherty Road. The Public Works Director has notified this Board that the improvements in Road Acceptance 05-01193 (cross-reference Subdivision 95-07984)have been completed as provided in the Road Improvement Agreement with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. TR:vz G:\I-ngSvc\130\2006\12-19\130-45 DV(SUB)RA 05-1193.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. ce: Public Works A.Bell,Construction P.Tehaney,M3T Lab nn Q 1.Bergeron,Mapping Div. ATTESTED: �J40e"PV'6`� T.Rie,Engineering Svc. JOHN CULLEN, Clerk of the Board of Supervisors and T.—October 19,2007 p 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 By ,.Deputy Shapell Homes 100 N.Milpitas Blvd Milpitas,CA 95035 Attn:Sam Warden and Steve Savage National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,A"/_ 85016 Attn:Paincla L.Stocks RESOLUTION NO.2006/ SUBJECT: Accepting completion of improvements,Road Acceptance 05-01193 (cross-reference Subdivision 95-07984),for project being developed by Shapell Homes,a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District 111) DATE: December 19, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of December 19,2006 thereby establishing the six-month tenninal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF SURETY May 23, 2006 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for $119,450.00, Bond No. 929270277 issued by the above surety be RETAINED for the six month lien guarantee period until June 19, 2007, 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 N. Wedgewood, Bollinger, and Dougherty Road frontage and improvements, are ACCEPTED AS COMPLETE. Upon acceptance by the Board of Supervisors,the developer, Shapell Homes,a Division of Shapell Industries, Inc., a Delaware Corp., shall retain the subdivision 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 $2,400.00 cash deposit (Auditor's Deposit Permit No. 451201, dated September 15, 2005) made by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., and the performance/maintenance surety bond rider for$35,475.00, Bond No. 929270277 issued by National Fire .Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 2006/ K- RA-94-01193, Gale Ranch II, XREF SD 95-07984 SURETY INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 270 277 issued by the National Fire Insurance Company of Hartford _ _., as Surety, on behalf of Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. of Milpitas,CA , hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee, effective the 6th day of __September, 2005 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 8th day of November_ 2006 , and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby "DECREASED" _. _ from the sum of Two Hundred Thirty Six Thousand Five Hundred No/100** Dollars ($ 236,50.0.00**__.__),to the sum of Thi..rty Five Thousand Four Hundred Seventy Five No/100** Dollars($ 35.475.00** ). 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 Two Hundred Thirty Six Thousand Five Hundred No/100** Dollars ($ 236,500.00** ) or for any loss occurring subsequent to said date shall not exceed the sum of Thirty Five Thousand Four Hundred Seventy Five No/100** Dollars ($ 35,475.00** ), 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 8th day of November,2006. Acceted By: Shapell Homes, a Division of Shapell Industries, Inc. County Contra Cos a D re Corp. _ rin�ci'pal) By — By _._. V _ — _ (Seal) RD6 } /fD. n, Wssf- V,P. By 29 (Seal) ASS-?r Nat nal R Insurance Company of Hartford Sure Form F4763 „ B —,ez _—I� .—_ _ (Seal) L Pamela L. Stocks, Attorney-in-Fact 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,an Illinois 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,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,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 15th day of August,2006. r,ASS r %IISUS4 0.iit' l Continental Casualty Company National Fire Insurance Company of Hartford cpp°OHArfAmerican Casualty Company of Reading, Pennsylvania SEAL t lee' HHA Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 15th day of August,2006,before me personally came Thomas P.Stillman 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,an Illinois 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. j 'OFFICIAL SEAL' ; MARIA M.MEDINA ; My oY tism sun of 1111n115 • /�✓ • • �. • . i My Comere�rion Emus 7/16/Os 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,an Illinois 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 8th day of November 2006 CPA's e til 101SUR4 ®r'-w�"e";PsN� Continental Casualty Company National Fire Insurance Company of Hartford CORPOMre V American Casualty Company of Reading, Pennsylvania �1897 I1A Mary A.Rtbikafjkis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On November 8, 2006 before me. Sandy Hanner- Notary Public Date NAME. TITLE OF OFFICER.. 'JANE DOE. NOTARY PUBLIC- personally appeared Pamela L. Stocks NAME(S) OF SIGNER(S) (X) personally known to me — OR — (_) proved to me on the basis of satisfactory evidence to be the person(s) whose.name(a) is/am subscribed to the within instrument and acknowledged to me that he/she/tkft executed the same in:his/her/ihak authorized capacity0>es), and that by hjWher/#a# signature(s) on the instrument the person(S), or the entity upon behalf of which the person(,;) acted, executed the instrument. WITNES my hand and off' ial seal. rk4�ts SNJDY MANNER Cort'ttr*slon# 1672602 -� Notmy PublC -Cdlfolnlo SIGNAPJRE OF NOTARY Los Angeles County My Cam.Eow xr 2.2010 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the documen 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) (_) LIMITED (—) GENERAL NUMBER OF PAGES (X) ATTORNEY-IN-FACT (_) TRUSTEE(S) (_) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426-8 �'.VV.../.'. ✓`.v.f✓.:✓./\/vV`✓`lV . fv\:W..vVv'..':.�i•i/:'../..i ✓✓ / ' N:V\.'\'.%•Y.�%:iii:i/."� \.n% ..✓'`.:,f/,.:.' .i.:.:�/`..%..^.f•.. .... % f ✓ . ♦ f` :i CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT ' �5 ) State of California << County of Santa Clara On November 9,2006, before me, Janice T. Kruse, Notary Public personally appeared z; Robert D. Moore and Ken Cox known to me to be the persons whose name are <'y> 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 s Z� the entity upon behalf of which the persons acted, executed the instrument. �> JANICE T. KRUSE WITNESS my hand and official seal. > Commission# 1597428 (% Notary Public-California z ;J Santa Clara Co > unty �j My Comm.Expires Aug 24,2009 - SignatuT of Notary Public Optional Information Title or Type of Document: Decrease Rider -RA - 04-01193 Gale II, Ref. SD- >> 9507984 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of ; >> Shanell Industries, Inc. s: 5.: <? >< zz z i.n.:`.�^..,.,�. .:r,\;.�f•;.::.ti�':;v\•:�;%:,%.: ��.i�.n.=:.'!\"n,::^:..�'•iv.�•;.�.:.;.;vf•r,✓`f:::':%:�.f::.!V`.%'..;f..:.;r.n;.,'n�.....�:.:..•i...,.n .:✓`.%•::.^:%✓.::.1