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HomeMy WebLinkAboutMINUTES - 10242006 - C.12 C, �Z V sE ` Contra TO: BOARD OF SUPERVISORS ti:=-o� FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa C, n., i ,, DATE: October 24, 2006 ,�o- STA C6-- County SUBJECT: Accepting completion of improvements for Heatherland Drive, Satinleaf Court and Satinleaf Way, Subdivision 98-08134, for project being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): Q ADOPT Resolution No. 2006/ 6'9/ for Subdivision 98-08134,accepting completion of improvements,for project being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer, Shapell Industries of Northern California, 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 d and the warran eriod will of begin. Continued on Attachment: � SIGNATURE: -AA —'= OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURES : ACTION OF BO R ON G APPROVED AS RECOMMENDED OTHER VO OF SUPERVISORS UNANIMOUS(ABSENT 6 Pzic ) AYES: NOES: TR:VZ ABSENT: ABSTAIN: I hereby certify that this is a true and correct G:\EngSvc\BO\2006\I0-24\BO-45 SD 98-8134.doe copy of an action taken and entered on the Originator: Public Works(ES) Contact:Teri Ric(313-2363) minutes of the Board of Supervisors on the Recording to be completed by COB I.D.95-2578030 date shown. cc: Public Works A.Bell,Construction P.Tehaney,M&T Lab 1.Bergeron,Mapping Div. T.Rie,Engineering Svc. T.—August 24,2007 ATTESTED: CHP, /o l Div.Commander JOHN CULLEN Clerk of the Board of CHP,c%AlA[ � CSAA-Cartog Supervisors and County Administrator Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Shaped: Industries of Northern California 0 N.Milpitas Blvd Milpitas,CA 95035 By Deputy Atm:Steve Savage and Sam Worden American Casualty Company of Reading,Pennsylvania 21650 Oxnard Street,#760 Woodland Hills,CA 91367 CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN 1, WEIR Clerk-Recorder Contra Cosa County Board of Supervisors DOC— 2006-0342193-00 Return to: Wednesday, OCT 25, 2006 11:29:28 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0.00 Nbr-0003460343 lrc/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA CO.____10/25/2006,20060342193 Adopted this Resolution on October 24, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier, Glover and Gioia NOES: . None ABSENT: None ABSTAIN: None — — RESOLUTION NO. 2006/ SUBJECT: Accepting completion of improvements for Heatherland Drive, Satinleaf Court and Satinleaf Way, Subdivision 98-08134, for project being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley)area. (District III) These improvements are approximately located near Lilac Ridge Road. The Public Works Director has notified this Board that the improvements in Subdivision 98- 09134 have been completed as provided in the Subdivision Agreement with Shapell Industries of Northern California, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. TR:vz G:\EngSvc\BO\2006\10-24\BO-45 SD 98-8134.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. cc: Public Works A.Bell,Construction Te ,M&T Lab 1. ���� � G -I.Bergeron,Mapping Div. ATTESTED: i T.Rie,Engineering Svc. JOHN CULLEN, Clerk of the Board of Supervisors and T.—August 24,2007 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 By , Deputy Shapell Industries of Northern California 100 N.Milpitas Blvd Milpitas,CA 95035 Attn:Steve Savage and Sam Worden American Casualty Company of Reading,Pennsylvania 21650 Oxnard Street,#760 Woodland Hills,CA 91367 RESOLUTION NO.2006/ �� SUBJECT: Accepting completion of improvements for Heatherland Drive, Satinleaf Court and Satinleaf Way, Subdivision 98-08134, for project being developed by Shapell Industries of Northern California,San Ramon(Dougherty Valley)area. (District 111) DATE: October 24, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of October 24, 2006 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF SURETY June 15, 1999 American Casualty Company of Reading, Pennsylvania BE IT FURTHER RESOLVED the payment (labor and materials) surety for$474,300.00, Bond No. 929088554 issued by the above surety be RETAINED for the six month lien guarantee period until April 24,2007, 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 Heatherland Drive, Satinleaf Court and Satinleaf Way for the hereinafter described public roads,as shown and dedicated for public use on the Final Map of Subdivision 98-08134 filed June 23, 1999,in Book 411 of final maps at Page 36,Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths (Miles) Heatherland Drive 36'/56' .32 Satinleaf Court 36'/56' .03 Satinleaf Way 36'/56' .37 Upon acceptance by the Board of Supervisors, the developer, Shapell Industries of Northern California, 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$9,600.00 cash deposit(Auditor's Deposit Permit No. 332353,dated May 25, 1999)made by Shapell Industries of Northern California,and the performance/maintenance surety bond rider for $142,290.00, Bond No. 929088554 issued by American Casualty Company of Reading, Pennsylvania be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 200610'014 j TY Tract 8134 INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 088 554 issued by the American Casualty Company of Reading, PA as Surety, on behalf of Shape[[ Industries of Northern California of Milpitas, CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee, effective the 7th day of May 1999 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 26th day of September 2006 , and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby **DECREASED** _ from the sum of Nine Hundred Forty Eight Thousand Six Hundred No/100*** Dollars($ 948,600.00*** ) to the SUM of One Hundred Forty Two Thousand Two Hundred Ninety No/100"*" Dollars($ 142,290.00*** ) 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 Nine Hundred Forty Eight Thousand Six Hundred No/100*** Dollars ($ 948,600.00*** ) or for any loss occurring subsequent to said date shall not exceed the sum of One Hundred Forty Two Thousand Two Hundred Ninety No/100'** Dollars ($142,290.00*** ), 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 28th day of September, 2006 Accepted By: County of Cont Cto Shapell Industries of Northern California (Principal) By — By (Seal) By — (Seal) vV\ Wore. ASSN Sc �.e ,� American Casualty Company of Reading, PA Form F4763 �( a Y) By (Seal) Gina O'Shea, Attorney-in-Fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT- Know TTORNEY-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. GAS 111SUR4o� Continental Casualty Company National Fire Insurance Company of Hartford cOArre 0 Sg�wca+arEa American Casualty Company of Reading,Pennsylvania $ JULY 11. SEAL ! t I90Z 1897 MAR�°� ` • d� 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. 'OFFICIAL SEAL' MARIA M.mito A ; • y Co Public,stag of 11 SAM • ���/`-dam✓ �•` _ • � My Commission Eapias 311610Y; Yn My Commission Expires March 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 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 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 2UK day of September 2006 . CASU94 11ASIM 4 Continental Casualty Company '�F ow,�t� National Fire Insurance Company of Hartford coarorure American Casualty Company of Reading,Pennsylvania SEJ1L aj !MAR Tbl Mary A. Rtbikafjkis 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' Secretaryand the seal of the Company may be affixed by facsimile to any certificate of any such power and any power orcertificate 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 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 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 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 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 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, 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 September 28, 2006 before me. Sandy Hanner- Notary Public Date NAME. TITLE OF OFFICER.. "JANE OOE. NOTARY PUBLIC" personally appeared Gina O'Shea NAME(S)OF SIGNER(S) (x j personally known to me–OR – (—) proved to me on the basis of satisfactory evidence to be the person(s) whose name(aa is/am subscribed to the within instrument and acknowledged to me that he/she/tom executed the same in Ns/heditair authorized capacity(hw), and that by kw her/Me* signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. SAWY SER WITNES my hand and o ' ' seal Conyr6 lon#►1672602 -. Notay FU -Cadfomb ;: Lot ArWW Cotr�t SIGN A RE OF ROTARY JIAy Comm. Jut 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) American Casualty Company of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE G-107426-9 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On September 29,2006, before me, Janice T. Kruse,Notary Public personally appeared, Ken Cox & Sam Worden personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. JANICE I KRUSE WITNESS m hand and official seal. Commission# 1597428 y -e Notary Public-California D s Santa Clara County �T�m,Expires Aug 2a,2009 Sig ature of Notary Public Optional Information Title or Type of Document: Decrease Rider—Tract 8134—929-088-554 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shanell Industries, Inc..