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HomeMy WebLinkAboutMINUTES - 12192006 - C.8 SE -C v TO: BOARD OF SUPERVISORS -=_ Contra FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR - Costa DATE: December 19, 2006 County SUBJECT: Accepting completion of improvements for Gale Ranch Storm Drains, Drainage Acceptance 04- 00042 (cross-reference Subdivision 99-08306), 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 RECOMMFNDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for Drainage Acceptance 04-00042(cross reference Subdivision 99-05306), accepting completion of improvements for Gale Ranch Storm Drains, for project being developed by Shapell Homes, a Division of Shapell Industries,Inc., a Delaware Corp., San Rai-non(Dougherty Valley)area. (District I.I.I) 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 drainage improvements per the Drainage 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. Continued on Attachment: ✓ SIGNATURE: i'-KtCOi%'11%1ENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER"_ SIGNATURES : (� ACTION OF BO ON APPROVED AS RECOMMENDED V OTHER I hereby certify that this is a true and correct VOTE OF SUPERVISORS copy of an action taken and entered on the U;'Vr:41VLV10L,'S(VA C41VT)DIST: I V minutes of the Board of Supervisors on the A YLS------------ HOFS:--------:-- date shown. ABSFA T------=---=-;4BST 4I;Vr:--=----_---- Originator: Public Works(ES) Contact: "tori Rio millet 363)Rt,c 95 2571u080 completed by COB ATTESTED: I.D.L D.95-�- cc: Public Works - Div P.Tchatrey,tM&T Lab JOHN CULLEN, Clerk of the Board of I.Bergeron,Mapping Div. -T.Ric,Engineering Svc. Supervisors and County Administrator -T.–October 19,2007 Shcrilt-Patrol Div.Con—der CHP,c/o Al CSAR–Canog Chris Low,City of San Ranxm 222 Camino Ranwn,San Ramon,CA 94583 By , Deputy Shapell I Ionics 100 N.Milpitas Blvd Milpitas,CA 95035 Attn:S.Savage and S.Worden National Fire Insurance Company of Flartfurd 5820 Canoga Avenue,Suite 200 Woodland Hills,CA 91367 CONTRA COSTA Co Recorder Office STEPHEN L, WEIR, Clerk-Recorder Recorded at the request of: DOC— 2006-04@6364-00 Contra Costa County Board of Stipeivisor.s Wednesday, DEC 20, 2006 15:07:08 ItUturn to: FRE $0.00 Public Works Department Tt 1 Pd $0.00 Nbr-0003533182 Engineering Services Division 1 r C/RS/1—8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution cn December 19, 2006 by the following vote: AYES: SUPERVISORS UILKEMA, PIEPHO, GLOVER, AND GIOIA NOES: NONE VACANT: DISTRICT IV RESOLUTION NO. 2006/ SUBJECT: Accepting completion of improvements for Gale Ranch Stonn Drains, Drainage Acceptance 04-00042 (cross-reference Subdivision 99-08306), for project beilig developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Park Avenue and Dougherty Road. The Public Works Director has notified this Board that the improvements for Drainage Acceptance 04-00042 (cross-reference Subdivision 99-08306)have been completed as provided in the Drainage Improvement Agreement with Shapell Homes,a Division of Shapell Industries, Inc.,a Delaware Corp., heretofore approved by this Board; TR:vz G.'\E-ngSvc\BO\2006\I2-19\130-45 DV(DA)DA 04-0042.doc Originator: Public Works(ES) Contact: 'reri Rie(313-2363) 1 hereby certify that this is a true and correct copy of an Recording to be completed by C013 action taken and entered on the minutes of the Board of I.D.95-2573080 cc: Public Works Construction Div. Supervisors on the date shown. P.Tehancy,M&T Lab 1.Bergeron,Mapping Div. T.Rie,Engineering Svc. ATTESTED: /y; gZ�o6 f.—October 19,2007 Sheriff-Patrol Div.Commander JOHN CULLEN, Clerk of the Board of Supervisors and CHP,c/o AI County Administrator C:SAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Shapell I Ionics 100 N.Milpitas 131vd By �� , Deputy Milpitas,CA 95035 Attn:S.Savage and S.Worden National Fire Insurance Company of Hartford 5820 Canoga Avenue,Suite 200 Woodland Hills,CA 91367 �D RESOLUTION NO.2006/ SUBJECT: Accepting completion of improvements for Gale Ranch Storni Drains, Drainage Acceptance 04-00042 (cross-reference Subdivision 99-08306), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) 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 terminal period for the filing of liens in case of action under said Drainage Improvement Agreement: DATE OF AGREEMENT NAME OF SURETY December 6, 2005 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials)surety for$230,800.00,Bond No. 929270272 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 Gale Ranch Stonn Drains, the hereinafter described public improvements, as shown and dedicated for public use on the Final Map of Subdivision 99- 08306, filed August 1, 2006, in Book 492 of final maps at Page 47-94, Official Records of Contra Costa County, State of California, 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 drainage 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 $4,600.00 cash deposit (Auditor's Deposit Permit No. 450729, dated September 6, 2005) made by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., and the performance/maintenance surety bond rider for$68,550.00, Bond No. 929270272 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2006/" DA-0042, Gale Ranch III, XREF SUB 8306 SURETY INCREASE - DECREASE RIDER 929 270 272 TO BE ATTACHED TO and form part of Bond Number .-__.. issued by the National Fire Insurance Compaoy of.Hartford as Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. Surety, on behalf of _. of Milpitas,CA _ _..._._ hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez, CA _..__ , hereinafter referred to as the Obligee, effective the 25th day of August 2005 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 8th day of November 2006 and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby "*DECREASED`* -- ____.-__.____-__. from the sum of Four Hundred Fifty Seven Thousand No/100** _-._...__. Dollars($ 457,000.00** to the sum of Sixty Eight Thousand Five Hundred Fifty No/100*' Dollars ($ 68,550.00** ), 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 Four Hundred Fifty Seven Thousand No/100** _ Dollars ($ 457,000.00'* ) or for any loss occurring subsequent to said date shall not exceed the sum of Sixty Eight Thousand Five Hundred Fifty No/100** _- Dollars ($ 68.550.00** ). 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. Accepted By: Shapell Homes, a Division of Shapell Industries, Inc. _County of7ontr�'Cos _ a Delaware C rp. _ - i (Principal) BY — BY (Seal) Ro. ..- - . IMos�t *15St � •�. BY -- ---- (Seal) Nati al ire Insurance Company of Hartford Form F4763 ---(5 ty)-- --------------- By 7 C .- 40 = -- (Seal) 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. GASU,I�r 1MSURq � Continental Casualty Company National Fire Insurance Company of Hartford ' c0gPO1'rES� a+arfc American Casualty Company of Reading,Pennsylvania Z $ JULY 11, Ou SEAL f T= 15ot a 1897 IIA1 ` • 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 swom,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. ••.....••.....•••..•••. 'OFFICIAL SEAL' MARIA M.MEOW ; Nwny Public.Stir.of 111' My Cm anion Expires 311 SMS 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 . v rAS %SURq ppr+rpf Continental Casualty Company ,�.0 National Fire Insurance Company of Hartford ' 00WORArE � ��mnaLatfc American Casualty Company of Reading,Pennsylvania i d s JULY 11, OV SEAL � 7, - �< 1902 � ^ 1897 HAIi� • Mary A.qikaiakis 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 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 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.made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VII—Execution of Documents Section 3. Appointment of Attomey-in-Fact. The Chairman of the Board of Directors, the President of any Executive or Senior 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 Chairman of the Board of Directors, the President or any Executive,Senior 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 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(s) is/are subscribed to the within instrument and acknowledged to me that he/she/I#"executed the same in,bis/her/Wsir authorized capacity(nes), and that by btiodher/Qtou signature(E) on the instrument the person(S), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand and ottici seal. SANDY MAMER ConvnWon# 1672602 -� Notary R.tWo •CdMania SIGMA RE OF NOTARY Los Angeles County =Comm.Dow,JU 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 (X) ATTORNEY-IN-FACT NUMBER OF PAGES (_) 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-107426-9 (��,`i.'..,.:^../+. .'.�...n...'v..•.,,�,'.i�,,i.i.i./.IJV'.ii:iv'.i\.ti'v%�.�,...: . i. i:i•''i�.'v'.., .�.^i i.ti':i'.'^:':i.i .. ... i'.�..,.'. .\v%:':r.�..:: ,•i:..'. ✓ : ✓., . v CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT < State of California ;z County of Santa Clara z� On November 9, 2006, 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 >s the entity upon behalf of which the persons acted, executed the instrument. <. J> >j JANICE T.KRUSE WITNESS m hand and official seal. Commission# 1597428 y ;j @my Notary Public-California ;Santa Clara CountyA> Comm.Expires Aug 24,2009 J —-"'�"-^-� Signature of Notary Public -� Optional Information ?� Title or Type of Document: Decrease Rider - DA-0042 - Gale III, Tract 8306 �S is Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of l >5 Shavell Industries, Inc. jZ i5 i.'