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HomeMy WebLinkAboutMINUTES - 10242006 - C.13 E Contra TO: BOARD OF SUPERVISORS `�' -=�� FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ` Costa' C-13 �_ oa DATE: October 24, 2006 �o�1y County SUBJECT: Accepting completion of improvements for Lusitano Street, Angora Court, Damini Court and Cashmere Street, 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/ �P 9� for Subdivision 99-08381, accepting completion of improvements for Lusitano Street,Angora Court,Damini Court and Cashmere Street,for prof ect being developed by Shapell Homes,a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The improvements have met the guarantee performance standards for the warranty period following completion and acceptance of improvements. CONSEQUENCES OF NEGATIVE ACTION: Developer will not receive a refund of their cash deposit or have their performance surety bond exonerated. Continued on Attachment: v-- SIGNATURE: _L.-IftCOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE 1--XPPROVE POTHER SIGNATURE (S): ACTION OFBO ON a4 GY APPROVED AS RECOMMENDED OTHER VOCE OF SUPER ISORS ,/ �/ UNANIMOUS(ABSENT O we -) I hereby certify that this is a true and correct AYES: NOES: ABSENT: ABSTAIN: copy of an action taken and entered on the TR:kg minutes of the Board of Supervisors on the G:\EngSv6110\2006\10-24\60-45 SD 99-838 Ldoc Originator: Public Works(ES) date shown. Contact: T.Rie(313-2363) I.D.95-2578030 cc: Public Works -Constructions Div. -P.Tehaney,M&T Lab - /�,/�� �/ ✓AJ/�%/J,� -H.Finch,Maintenance Div. ATTESTED: dym �G s Kt T. "� oe -1.Bergeron,Mapping Div. -T.Rie,Engineering Svc. - T.—August 24,2007. JOHN CULLEN, Clerk of the Board of Sheriff-Patrol Div.Commander CHP,do Al Supervisors and County Administrator CSAA—Caring Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Shapell Homes 100 N.Milpitas Blvd. Milpitas,CA 95035 By , Deputy Attn:Sam Worden and Steve Savage National Fire Insurance Company of Hartford .2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela L.Stocks CONTRA COSTA Co Recorder Office Recorded at the request STEPHEN L, WEIR, Clerk-Recorder Contra Costa County DOC— 2006-0342194-00 Board of Supervisors Return to: Wednesday, OCT 25, 2006 11:29:32 Public Works Department FRE $0.00 Engineering Services Division Tt l Pd $0.00 Nbr-0003460344 lrc/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 24, 2006 by the following vote: AYES: Uilkema,Pieplto,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None - - -- - RESOLUTION NO. 2006/ SUBJECT: Accepting completion of improvements for Lusitano Street, Angora Court, Damini Court and Cashmere Street, Subdivision 99-08381, for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) These improvements are approximately located on Lusitano Street, Angora Court, Damini Court and Cashmere Street. The Public Works Director has notified this Board that the improvements in Subdivision 99- 08381 have been completed as provided in the Subdivision 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:kg G:\EngSvc\B0\2006\10-24\60-45 SD 99-8381.doc Originator: Public Works(ES) I hereby certify that.this is a true and correct copy of an Contact:T.Ric(313-2363) Recording to be completed by Clerk of the Board action taken and entered on the minutes of the Board of I.D.95-2578030Supervisors on the date shown. cc: PubliclicWorks -Construction Div. P.Tehaney,M&T Lab H.Finch,Maintenance Div. I.Bergeron,Mapping Div. ATTESTED: T.Rie,Engineering Svc. T.—August 24,2007 JOHN CULLEN, Clerk of the Board of Supervisors and 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 100 N.Milpitas Blvd. By 7 , Deputy Milpitas,CA 95035 Attn:Sam Worden and Steve Savage National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela L.Stocks Q RESOLUTION NO.2006/ 0!'P' 7b SUBJECT: Accepting completion of improvements for Lusitano Street, Angora Court,Damini Court and Cashmere Street, Subdivision 99-08381, for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) 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 BANK/SURETY December 20, 2005 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,133,900.00, Bond No. 929270279 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 Lusitano Street, Angora Court, Damini Court and Cashmere Street the hereinafter described roads,as shown and dedicated for public use on the Final Map of Subdivision 99-08381 filed December 28,2005,in Book 486 of 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) Lusitano Street 36'/56 ft 0.42 miles Angora Court 36'/56 ft 0.09 miles Damani Court 36'/56 ft 0.06 miles Cashmere Street 36'/56 ft 0.11 miles The Developer shall retain the improvements for ownership and maintenance during the warranty and maintenance period. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$22,700.00 cash deposit(Auditor's Deposit Permit No. 452271 ,dated October 4, 2005) made by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. and the performance/maintenance surety bond rider for $336,765.00, Bond No. 929270279 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/li9v CMASURETY Tract 8381 /1A, SUB 99-08381 Alamo Creek INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 270 279 issued by the National Fire Insurance Compaq 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 15th 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 20th 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 Two Million Two Hundred Forty Five Thousand One Hundred No/100*** Dollars($2,245,100.00' to the sum of Three Hundred Thirty Six Thousand Seven Hundred Sixty Five No/100*** Dollars ($ 336,765.00' ). 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 Million Two Hundred Forty Five Thousand One Hundred No/100*** Dollars($ 2,245,100.00" ) or for any loss occurring subsequent to said date shall not exceed the sum of Three Hundred Thirty Six Thousand Seven Hundred Sixty Five No/100*** Dollars($336,765.00' ). 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 22nd day of September, 2006 Accepted By. Shapell Homes,A Division of Shapell Industries,Inc., County of Cont Costa A Delaware Corp. c ri p a By By a (Seal) Flolo e4llbw�0"e, ASST v. . By (Seal) Ken (.rbc, Sec National Fire Insurance Company of Hartford Form F4763 (Sure Y By (Seal) Gina 'Shea, 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. GAS tJq�r 1NSUR4Continental Casualty Company National Fire Insurance Company of Hartford ' coaPOluTe 0 S�Wa�Pa+4rFo American Casualty Company of Reading, Pennsylvania � . v ZO a JULY 71. v SEAL t s e 19112 1997 MANS • 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.MEDIM . • Notary Public.SUN of MINwN i My Commission Expk s 3116101: 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 printedTA the reverse heregf i stilemforrcce. In testimony wlerUgghave hereunto subscribed my name and affixed the seal of the said corporations this L day of J P D UU IIJJ C^S�v(T 1NSUR4vANr oo Continental Casualty Company '�F National Fire Insurance Company of Hartford z`t' OppPOFATf gtig�ttGPa+4rEo American Casualty Company of Reading, Pennsylvania o a JULY 31, u SEAL •c � � e � 1997 fto • Mary A.qikai6kis 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 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 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 affixed by , facsimile on any.power of attorney granted pursuant to Section 3 of Article Ut 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 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 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 Comoratiom 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 22, 2006 before me, Sandy Hanner-Notary Public Oate NAME, TITLE OF OFFICER., 'JANE OOE. NOTARY PUBLIC' personally appeared Gina O'Shea 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( isheee subscribed to the within instrument and acknowledged to me that Eye/she/tom( executed the same in)ft/her/*Er authorized.capacityos), and that by is/her/tbWr signature(s) on the instrument the person(g), or the entity-upon behalf of which the person(s) acted, executed the instrument. WITNES my hand and off' iaal. SAMN HANKER Cornmbslon# 1612602 -i Notary PubW -CaWoM ;' SIGNATIbRE OF NOTARY Los Angeles Cc^ Ary Corrm Ewhu Ad 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) Natinnal Fora ImiannrP Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 0.107426.8 _1�ivvwvim:,�.nn�:�.v,nn�v�n✓vw�� _. .. .�w�v wwv�v�w.ivwww�'.i�w��.rw.�.rw.:,,^..vwwviv.,^✓wwniv'v�n�. )C' CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara < On September 26,2006,before me, Janice T. Kruse,Notary Public personally appeared Robert A 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. > JAMIE L KRUSE WITNESS my hand and official seal. Commission# 1597428 iNotary Public-California4 $ Santo Clara County NlyComm.Expires Aug 24,2 Signature of Notary Public Optional Information Title or Type of Document: Decrease Rider,Tract 8381 - Sub 99-08381 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shanell Industries,Inc.