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HomeMy WebLinkAboutMINUTES - 12052006 - C.15 G SEL � 1S TO: BOARD OF SUPERVISORS _ Contra FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTORCosta 4., - DATE: December 5, 2006 ��`'� s - -- County SUBJECT: Accepting completion of improvements for Charbray Street(North),Road Acceptance 04- 01159, (cross-reference Subdivision 99-08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for Road Acceptance 04-01159 (cross-reference Subdivision 99-08381), accepting completion of improvements for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp.,Danville area. (District RD 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 road improvements per the Road 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 acce t and the warranty period will not begin. Continued on Attachment: .L/SIGNATURE: =COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _4,kPPROVE OTHER SIGNATURES : ACTION OF BOJRO ONc ZA62 VC APPROVED AS RECOMMENDED OTHER VVE of SUPe 1SORS _ I hereby certify that this is a true and correct UNANIMOUS 1/eeearnT___U•csT/1rY copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date Shown. B13 vz G:\BngSvc\BO\2006\12-05\BO-45 DV(RA)RA 04-1159.doe Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB ATTESTED: 11195-2578030 cc: Public Works Construction Div. JOHN CULLEN, Clerk of the Board of -P.Tehaneg M&T Lab -1.Bergeron,Mapping Div. Supervisors and County Administrator B.Balangan,Engineering Svc. -T.—September 14,2007 Sheriff-Parol Div.Cottmunder CHP,do Al CSAA—Cartog Chris Low,City of San Ramon By , Deputy 2222 Camino Ramm Ramon San Ramon,CA 94583 Deputy Shapell Homes 100 N.Milpitas Blvd Milpitas,CA 95035 Aum Sam Worden National Fire Insurance Company of Hartford 2355 E,Camelback Road,Suite 500 Phoenix,AZ 85016 Atm:Gina O'Shea (/ IIIc III IL Recorded at the request of. CONTRA COSTA Co IReeorder Office STEPHEN L. WEIR Clerk-Recorder Contra Costa County DOC. 2006-0389297—O0 Board of Supervisors Return to: Wednesday, DEC 06, 2006 09:09:5�:I Public Works Department FRE $0.00 Engineering Services Division Ttl Pd $0,00 Nbr-000351��21 1 rc/R9!1-B } THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 5, 2006, by the following vote: AYES: Uilkema, Piepho,Glover and Gioia NOES: None VACANT: DISTRICT IV SUPERVISOR DESAULNIER ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Accepting completion of improvements for Charbray Street (North), Road Acceptance 04-01159, (cross-reference Subdivision 99-08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) The Public Works Director has notified this Board that the improvements for Road Acceptance 04-01159(cross-reference Subdivision 99-08381)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; BB:vz G:\EngSvc\BO\2006\12-05\BO45 DV(RA)RA 04-1159.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 Recording to be completed by COB I.D.95-2578030 Supervisors on the date shown. cc: Public Works -ConstructionDiv. -P.Tehaney,M&T Lab -1.Bergeron,Mapping Div. ATTESTED: C -B.Balangan,Engineering Svc. JOHN CULLEN, Clerk of the Board of Supervisors and -T.—September 14,2007 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 Shapell Homes By s Deputy 100 N.Milpitas Blvd Milpitas,CA 95035 Attn:Sam Worden National Fire Insurance Company of Hartford 2355 E,Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Gina O'Shea Xl RESOLUTION NO.2006/ �� SUBJECT: Accepting completion of improvements for Charbray Street (North), Road Acceptance 04-01159, (cross-reference Subdivision 99-08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) DATE: December 5, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of November 14,2006 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 9, 2005 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for$869,550.00, Bond No. 929348512 issued by the above surety be RETAINED for the six month lien guarantee period until May 14, 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 Charbray Street, the hereinafter described public improvements, as shown and dedicated for public use on the Final Map of Subdivision 99-08381, filed December 28,2005,in Book 486 of final maps at Page 33-48,Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths (Miles Charbray Street 54' Road Width .32 miles 80ft R/W Width Upon acceptance by the Board of Supervisors,the developer,Shapell Homes, a Division of Shapell Industries,Inc.,a Delaware Corp.,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$17,400.00 cash deposit(Auditor's Deposit Permit No.447937,dated July 14, 2005) made by Shapell Homes, and the performance/maintenance surety bond rider for $258,255.00, Bond No. 929348512 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2006/;QF? RA-04-01159, Alamo Creek CMA SURETY INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929348512- issued by the National Fire Insurance Comoan of Hartford as Surety, on behalf of Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. of Milpitas, CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee, effective the 27th day of June 2005 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 17th day of October , 2006 ,• , and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby "DECREASED" _ from the sum of One Million Seven Hundred Twenty One Thousand Seven Hundred No/100"'" Dollars($ 1,721,700.00' ),to the sum of Two Hundred Fifty Eight Thousand Two Hundred Fifty Five No/100""" Dollars($ 258,255.00"' ) 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 Seven Hundred Twenty One Thousand Seven Hundred Noll 00*** Dollars ($ 1,721,700.00' ) or for any loss occurring subsequent to said date shall not exceed the sum of Two Hundred Fifty Eight Thousand Two Hundred Fifty Five Noll 00*** Dollars ($ 258,255.00' ), 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 17th day of October, 2006 Accep By: Shapell Homes, a Division of Shapell Industries, Inc. Count of C ra Costa a Delaware Corp. P incipal) By — By (Seal) k , COY2 - t��-• tri- 1�' By (Seal) v1 CO's f}55"t-. Szc F y. National Fi Insurance Company of Hartford �Form F4763Aa (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 Harmer,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. ohs u�tT %%SURq w Continental Casualty Company National Fire Insurance Company of Hartford cOaPOiurF Cb �a �waa"pwr�n American Casualty Company of Reading,Pennsylvania s � lutr n, u SEAL 1901 1897 NAR� O 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' j MA1110k M.MEDINA •MV Co PVCIM,Suere 311150 • �� • ' ' `-- "7IV i My comntluion ExpFq 7n619Y i My Commission Expires March 15,2009 Maria M.Medina Notary Public CERTIFICATE I,Mary A.Ribikawski's,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 o th reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 1°/ti day of October 2006 . c>sutContinental Casualty Company spy cr} ` tNsuaq�� � National Fire Insurance Company of Hartford F CORPOMre S�W6oaroaar�e American Casualty Company of Reading,Pennsylvania Z ��► s lutr n, �J SEAL °.j, (: +�, 190? a /� - 1897 HMM Mary A. ika kis - Assistant Secretary Form F6853-11/2001 R 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 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 sea]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 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 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 171h 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 VTI—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 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 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 17s'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 October 17, 2006 before me, Sandy Hanner-Notary Public Oats 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 names) is/am subscribed to the within instrument and acknowledged to me that ae/she/tN*executed the same in Ns/her/Nxak authorized capacity0fts), and that by his/her/ttQU signature(b) on the instrument the person(.4), or the entity upon behalf of which the person(a) acted, executed the instrument. WITNESI Lmy hand and off i I seal. SANDY HAMER 4 Cornrtusslon 1672602 * Q No`toory fAngel�e6 o b SIGNA E OF NOTARY My Corttn.ExpU®s JW 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) (�j LIMITED GENERAL (�) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE($) (�) 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 0-107426-8 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On October 19,2006, 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 the entity upon behalf of which the persons acted, executed the instrument. JANICE L KRUSE WITNESS my hand and official seal. Commission# 1597428 OMYNotary Pu for •CaliforniaSonta ClaraCounty Comm.Exp1 re3"24,2009 Signa ure of Notary Public Optional Information Title or Type of Document: Decrease Rider- 929348512 - RA-0401159, Alamo Creek Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shanell Industries,Inc.