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Home My WebLink AboutMINUTES - 10032006 - C.3 Contra TO: BOARD OF SLTERVISORS FROM: MALRICE M. SHA=, PLBLIC WORKS DIRECTOR <'! Costa - DATE: October 2006 c =- =`� County Tri oc�T' SUBJECT: Accepting completion of improvements for Water Quality-Pond W5, Drainage acceptance 03- 00029 (cross-reference Subdivision 99-08306), for project being developed by Shapell Industries of Northern California,A Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty-Valle-) area. (District III) cPECiFI(-REQL`EST;_S':OR RECO:1 ;E\DATIO\t-j a BACKCROL\D AND JLSTI=ICA.ION RECO-MMENDATION(S): ADOPT Resolution No. 2006 &L I f for Drainage Acceptance 0-1-001-9 (cross reference Subdivision 99-OS306), accepting completion of improvements for Nater Quality Pond W5. for project being developed by Shapell Industries of-Northern California,A Division of Shapell Industries.Inc..a Delaware Corp.,San Ramon(Dougherty Vallee) area. (District III) FISCAL IMPACT: None. B_aCKGROUND.'REASON(S) FOR RECOAIMENDATION(S): The developer. Shapell Industries of Northern California.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 Count-Ordinance Code. CO\SEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be acc and thaAva;Fantty neriod will not begin. Continued on attachment:_ SIGNATURE: ✓kECONINIENDATION OF COUNTY ADMINISTRATOR ✓� _RECOMMENDATION OF BOARD COMMITTEE --APPROVE OTHER SIGNATURE(S): -Amo ACTION OF B(}�ak ON 14=�0'3 Xa C e APPROVED AS RECOMMENDED��OTHER 11// I hereby-certify that this is a Prue and correct VOTE o:st PE US( IC' copy of an action taken and entered on the LSA\I�fOIS(ABSENT J� AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. C .z 6 E-_�::BC_..c._-.e DyC::•':v 60-_`D'=�Dd _ti Orisiu.;ur: Pahiiz 0."-s,Ee C.mact: - :D cr: o;::_:._:� -Cr,: _t-_-DE: ATTESTED: IOAD-2 C<C Tu' JOHN CULLEN, Clerk of the Board of ' ` R" E'_ "-`g Supervisors and County Administrator -A,_ Ser=n-€Div Car-_ti.czr 1 Cii?.>z.4i \ i CS44-C _-- it.-.S-2i—mac.CA 5-_;eii:-encsc ]r.MC_::_a:a B� Deputy - St cs B..t;!; CA . _r_ - �_9a�i C.-.^t=a: _Cc -A'.=-C- .c-i:-_HUs.CA S._ =.�Pr:z Ssks i CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder Ccnt.z Cosm C �- DDC— 2005-0319809-00 Return to: Monday, OCT 09, 2006 10:50:18 ?--,;I:c Xxa Dema--n=- FRE $0.00 Era::eerin"`.izcs°v'w= Tt 1 Pd $0.00 Nbr-0003435052 lrc/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 2006 by the following rote: � APES: Uilke ma.Plepho.DeSaulnier. and Gioia I NOES: ABSENT: Glover ABSTAIN: RESOLi;TION\O. 2006/ (413 SUBJECT: accepting completion of improvements for Nater Quality Pond W5, Drainage ! Acceptance 03-00029 (cross-reference Subdivision 99-08306). for project being developed by Shapell Industries of Northern California, A Division of Shapell Industries,Inc.. a Delaware Corp.. San Ramon(Doughertm-Vallev)area. (District DT) These improvements are approximately located near Dougherty Road and Ivy Leaf The Public Works Director has notified this Board that the improvements for Drainage Acceptance 03)-0029(cross-reference Subdivision 99-08306)have been completed as provided in the Drainage Improvement agreement «'ith Shapell Industries of'Northern California, a Division of � Shapell Industries. Inc., a Delaware Corp., heretofore approved by this Board; TR:.z G:E-_S.c BO_':;+;, IC.- DA 03-)+G'-9 30,;DV;DA-A0z i Originator: Pub:;Z! or'k:;Esi Contact: Teri Rice:_::=--_o:' 1 hereby" certifv that this is a true and correct copy of an .95-2Recording to be completed b.cosI.Daction taken and entered on the minutes of the Board of cc: Pub:iz -C&r.._:rjz::_a.D;:-. Supervisors on the date sho«-n. -P.Tehzne_:.M&T Lab -1.ger-e-on.Nlapp'.ng Dig. -T.Rie,Erei::eras S:-c. ATTESTED: I Q T__A a '` 3.M-16 Shzrff-P2_:a Di..Cor. -dzr JOHN CULLEN, Clerk of the Board of Supervisors and � CHP.z<Ai COumv Administrator CS Aa-Cams Ch i_Lew.Cid of Sar.Ramon l Camrra Ran:en.Sar.Rz:ao:.CA 945S! S'=_-!] Ca:'.=:- - Deputy :U:=N.nfi:,:rs Bi:-d A-nn:S_.CA en S. 1 A::a:S..Vec..�S.Sa.a_a \zs n-'Fare 1-s--anze Compac.,: d Hanco:� i$'J Car.,,-,-Arer:.:e.Sui e 2.1 0 ,Voed:zcd F:i s.CA 9:367 Ar::P_rMelz S_ozs RESOLUTION NO.2006./ i F • I SUBJECT: Accepting completion of improvements for Water Quality Pond SVS, Drainage Acceptance 03-00029 (cross-reference Subdivision 99-08306), for project being developed by Shapell Industries of \orthem California. A Division of Shapell Industries.Inc., a Delaware Corp.,San Ramon(Dougherty-Valley)area. (District III) DATE: October 3. 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of October 3. '_0��6 thereby-establishing the six-month terminal period for the filing of liens in case of action under said Drainage Improvement Agreement: DATE OF AGREE`IE\T \-ALME OF SURETY November 30, 2004 'National Fire Insurance Company of Hartford i BE IT FL-RTHER RESOLVED the payment(labor and materials)surety for S214,300.00.Bond\o. i 929299'65 issued by the above surety be RETAI\ED for the six month lien guarantee period until April 3,200'. at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of ane claims on file. BE IT FURTHER RESOLVED that Water Quality Pond HZ'S,the hereinafter described public improvements, as shown and dedicated for public use on the Final Map of Subdivision 99-OS306, i filed August 1. 2006, in Book 492 of final maps at Page 4_-94, Official Records of Contra Costa Countv, State of California, is ACCEPTED AS COMPLETE. 'Upon acceptance by the Board of Supervisors, the developer. Shapell Industries of � Northern California, 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 S4,300.00 cash deposit(Auditors Deposit Permit No.432511,dated October'. 2004)made by Shapell Industries of Northern California and the performance maintenance surety bond rider for S63,645.00. Bond\o. 929299'65 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. �9.5 • o(o/Co l 3 I CMA SURETY DA-0029, Gale Ranch III 6X SU6 g3�6 J I INCREASE - DECREASE RIDER TO BE ATTAC=EJ TG and fxm pa-t of Bond Numbe- 929 299 765 ;ssue0 oy_he National Fire Insurance COmDanv of Hartford as Suety, or;benal`. of Shapell:ncastr es of No them Ca:iforn:a.a Division of Shaded industres.ind.,a Deiawa-e Corp. Of Milpitas.CAhereir..awr rete-red to as the Prncipal, and in favor of County of Contra Costa o= Martinez. CA ,hereinafter I referred to as the Obligee. ef`ective the 29th day of _ September 2004 IN CONSIDERATION of the premij-r charged for the attached bond and other good and valuab:e cc^side-Mion it I is understcod and agreed that effective the 5th day of Se-tember 2006 and s;ojec: to all the terms, cood'tions anc limitatmcns o`. 'Lite attached bono. the -.era; sum :hereof shat be and the I same is hereoy "DECREASED" f.cm_ne sum of Four Hundred Twenh Four Thousand Three Hundred Noll W" Dollars (5 424.300.00'*` .tc the I surr c` Sixtv Three Thousand Six Hundred Fort, Five No:'100`"* Dcl;a-s(S 63.645.00' v IS FURTHER UNDERSTCOD and agreed :hat sub-ect to all the terms condibens and rmitatio^.s c` the attached gond, the aggregate iiagilsty of the Surety fo- any loss occarrng prio- to said date sha!i no: exceec the sum of Four Hundred Twenty Four Thousand Three Hundred No100**' Doi,ars iS 424.300.00 r: or far any toss occu-rng SuDsequent to said nate shall not exceed the sum 0` _ I Sixty Three Thousand Six Hundred Forty Five Noll 00'-* Dollars(5 03.645.00" I !n no even:. however- shat: the aggregate liability o`the Surety exceec :he ;arger of tce aforermentlo^.ed Sums. It oe;r-g the inter`.re,eof to preclude c:.imu;abve I'abilkv I SIGNED. S=-AL=--j AND DATED t s 7th day o` September.2006 I Axerted By \ Shapell Indstr:esof Nortnerr Calimmia.a Division.a-Scape'.Industries.Inc.- I County of Contra Costa Delaware AT aper, _ n' By ; 3y, Teri Carr- 7rsst. ))Sec. , r 3y ,} f! f ,'I . ' I�I/1-- (Seal'_ I. \Robert� D. Moore, [Asst. V.P. National Fire Insurance Company cf Hartfo-d BV 'S=ad: Pamela L. Stoc,:s. __-- i I State of California County of . Los Angeles I On September 7.2006 before me. Sandy Harmer-Notary Public Oare NAME.TITLE OF OFFICER_-JANE DOE. NOTARY" I UBL.C- 1 personally appeared Pamela L. Stocks NAME(S)OF SIGNERS) (X) personally known to me - OR - (—) proved to me on the basis of satisfactory evidence to be I the person(s) whose name(&) is/sm subscribed to the within instrument and acknowledged to me that he/she/ jt executed the same inldis/her/limmir authorized capacityW), and that by tf Wher!WYaU I signature(b) on the instrument the person(g), or the entity upon behalf of which the persons) acted. executed the instrument. - - - - - - - - - - - - - WITNES /Tmy hand and official seal. I SANDE MANNER ` COITIMIsslon 1111672602 ` //� ,;,• fl I • Notary futgc.CONOMIG SIGNATURE of NOTARY ] Los Angelet County ( My camrl_E hrt 2.20101 OPTIONAL I Though the data below is not required by law, it may prove valuable to persons relying on the documen I and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT I (_) INDIVIDUAL (�) CORPORATE OFFICEf% I TITLE(S)_ TITLE OR TYPE OF DOCUMENT (!) PARTNER(S) (,) LIMITED I (_) GENERAL NUMBER OF PAGES I (x) ATTORNEY-IN-FACT (_) TRUSTEE(S) i (_) GUARDIAN/CONSERVATOR (_...) OTHER DATE OF DOCUMENT I SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) I National Fire Insurance Comoany of Hartford SIGNER(S) OTHER THAN NAMED ASOVS I G �O�a28•e POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT I Know All hien By These Presents.Tnat Continental Casualty-Company,an Illinois corporation.National Fire Insurance Company of Hartford.an I Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation therein called"the CNA Comaaniec_ are duh•organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virne of tae stanartres and seals herein affixed hereby make,constitu a and appoint Pamela L Stocks,Beverly A Hall.Sandra V Hanner,Gina O'Shea,Individually i I of Sherman Oaks,CA,their true and lawful Attomey(si-in-Fact with full power and authority hereby conferred to sign.seal and execute far and on the;r behalf bonds,undertakings and other obligatory instruments of similar nature 1 -In Unlimited Amounts- I 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 as the I acts o:said Attorney,pursuant to the authonry hereby given is hereby ratified and confirmed. I This Power of Attorney is made and executed pursuant to and by authorityof the By-Law and Resolutions,printed on the reverse;ne:eo:.duly adopted,as indicated,by the Boards of Directors of the corporations. I In Witness Whereof.the CNA Companies have caused these presents to be signed by their Senior Vice President,and their comorate seals to be hereto affixed on this 10th day of March.2006. t�sLtttT 9151784 Continental Casualty Company National Fire Insurance Company of Hartford cppPON"rE $tctarre American Casualty Company of Reading, Pennsylvania I Z e, a AnY 11. OJ SEAL i -A - MARS • dt' Thomas P. Stillman Senior Vice President State of Illinois.County of Cook.ss: On this 10th day of March,2006,before me personally came Thomas P.Stillman to me known,who,being by me duly sworn,did depose and say: I that he resides in the Cine 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,at,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. I .........•............. 'OFFICIAL SEAL' : I MAMA M.MEOMII - . NmrY F'UWic.9uu of wnola • �/�w �•` _ :tAY Comnaa•n E�•a a116N9 : '/�\,Qc,Jy1f.�' /, l,/,]Il` - My Commission Expires t4arch 15,2009 Maria M.Medina Notary Public. CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of I Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that tae j 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 Lhis ith dayof 5epcember 2006 I I tr'tt> tMSURContinental Casualty Company ken National Fire Insurance Company of Hartford .++tpp wwto ;a American Casualty Company of Reading, Pennsylvania Jay X J SEAL •c 6q, LW2 a ��..++CC..�� t99i � • Mary A.RibikaAlcic Form F6853-11:2001 Authorizing By-Laws and-Resolutions - ADOPTED BY THE BOARD OF D'RECTORS 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 D. Company. uectots ar "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 dr-Group-vice Presider,[ may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policie's 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 Director of the Company at a meeting duly called and held on the 1 '`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 sienature 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 sienattre 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 arached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PEN_NSYLVA\IA: 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 j 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 Presidenj 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, undertakines and other obligatory instruments of like nature. Such attomeys-in-fact, subject to the limitations set forth in their j respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such irsnuments and to attach the seal ofthe Company thereto. The President or any Executive.Senior or Group Vice President may at any time revoke of power and authority previossly given to any attorney-m-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the follow-ig Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the lith 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 sigt•.ature 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." i ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE CONIPANY 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 Attorney--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 attomeys-in-fact to act in behalf of the Company ir.the execution of policies of insurance.bonds, undenakines 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, i 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 follow'_ng Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17, day of February,1993. i "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the sezl of the I Corporation may be affixed by facsimile on anypower of attomey granted pursuant to the Resolution ado?ted by this Board of Directors on February 1 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 i 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." I i I I CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT 'I State of California Count- of Santa Clara On September 12,2006. before me. Janice T. Kruse.'-Notary Public personally appeared I 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 I 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. I I j - - �ANsce t Ruse ` _AIT\ESS m- hand and official seal. I j Commission#1597A28 [ -` Notary Public-califomia i ` /1 Santa Clara County - -� J MyComm.Fxpire 424.2004 Signature of\otary Public I - - - - - - - - - - - - Optional Information I Title or Type of Document: Decrease Rider DA-0029, Gale Ranch III I Capacity-Claimed by Signer: Assistant Vice President and Assistant Secretary- of I Shaaell Industries,Inc. I I i f