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HomeMy WebLinkAboutMINUTES - 10242006 - C.7 e V/ E_- L TO: BOARD OF SUPERVISORS `_`— �`- Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR , Costa C. �•�-�� "- boa DATE: October 24, 2006 County SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 02-01135 (cross-reference Subdivision 95-07984), for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for Road Acceptance 02-01135 (cross-reference Subdivision 95-07984), accepting completion of improvements for Subdivision Agreement(Right-of-Way Landscaping),for project being developed by Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp.,San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer, Shapell Industries of Northern California, a Division of Shapell Industries,Inc., a Delaware Corp., has completed the landscape improvements per the Subdivision Agreement (Right of Way Landscaping), and in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be acce tedand�3int ance/warranty period will not begin. Continued on Attachment: ✓ SIGNATURE: e � _ COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE L_�PROVE OTHER r SIGNATURES ACTION OF BO ON !/ v 6 APPROVED AS RECOMMENDED OTHER V of SUPER [SOBS , /' I hereby certify that this is a true and correct UNANIMOUS(ABSENT 0�a7e_. ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. TR:vz G:\EngSvc\BO\2006\I0-24\BO-45 DV(Landscaping)RA 02-1135.doc Originator: Public Works(ES) Contact: TeriRie(313-2363) I.D.95-257 8030 Public /f�f0�G cc: Public Works -A.Bell,Construction Div. ATTESTED• (/S/�/ -P.Tehaney,M&T Lab '.Bergeron.Mapping Div. JOHN CULLEN, Clerk of the Board of -T.Rie,Engineering Svc. -T.—August 27,2007 Sheriff-Patrol Div.Commander Supervisors and County Administrator CLIP,c/o Al CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Shapell Industries of Northern California 100 N.Milpitas Blvd BY g!�V� , Deputy Milpitas,CA 95035 Attn:Jim Gold,Sam Worden and Steve Savage National Fire Insurance Company of Hartford 2355 E.Camelback,Suite 500 Phoenix,AZ 85016 `.�-�- -_POWgR OF ATTORNEY•_APPOINTINO�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 10th day of March,2006. r,ASW<r NISUR4 Continental Casualty Company ; National Fire Insurance Company of Hartford G WOMre � S%VCW atFo American Casualty Company of Reading, Pennsylvania � s e JULY n.� SEAL g 1902 1897 � FIAR�� • 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: 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.MEDINA i My Commi•aon 6pins 3/16109 i 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 28th day of August_ 2006 GASU44 114SU114 Continental Casualty Company National Fire Insurance Company of Hartford V u,AaOw�*F ' � ,� %oo9vtr American Casualty Company of Reading, Pennsylvania o i 5 Jutr n, u SEAL Isot 1 e97 � NAa��'0 • Mary A. bikafjkis Assistant Secretary Form F6853-11/2001 Authorizing By-Laws and Resolutions dip l � ;ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: x x 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 X. Company. ' "Article.IX—Execution of Documents j Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vicdz'ro u`% 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 Boardof 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 authorityof the following Resolution adopted by the Board of Directors of the, ;.Company at a meeting duly called and held on the 17`°day of Febnmry,1993. 1"?: "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 '1 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..; Ft c : 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 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` �'>• ; State of California County of Los Angeles On August 28,2006 before me, Sandy Hanner-Notary Public oate NAME. TITLE OF OFFICER.. 'JANE DOE. 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( ishow subscribed to the within instrument and acknowledged to me that belle/she/VM executed the same in)his/her/*a*authorized capacity(js), and that by lit/her/Qtzl k signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. - SSER WITNESS my hand and o ' ' seal. ComT"on!1672602 !` NOW Pull 'ccoa to � /�'SIGNAItURE OF NOTARY LOS Angeles Counts Myr Comm.apka 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) Klatinnal Fire Incitrannp .opt any of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-t 07426.13 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara .On August 29, 2006 before me, Janice T. Kruse,Notary Public personally appeared, J.C. Truebridge& Ken Cox 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. JANICECommission t 159 WITNESS my hand and official seal. _ Commission# l 597428 S -d Notary Public-California Santa Clara County tvty Comm.Expires Aug 24,20 Sign ture of Notary Public Optional Information Title or Type of Document: Decrease Rider- RA-1135 Tract 7984 - Gale II Capacity Claimed by Signer: Assistant Vice President & Assistant Secretary of Shanell Industries,Inc. PUBLIC WORKS DEPARTMENT CONTRA COSTA-COUNTY Date: TO: Tcri Ric Enginccring Scrvicus FRO N,1: Landscripe. lnspector SUBJECT: Landscape/ Park Inspection Status Report foI I j3* eC Pb, BOND REDUCTION Improvements satisfactorily completed as of GUARANTEE PERIOD: Private 100%, (110 guarantee) Public .� END OF WARRANTY/ MAINTENANCE Improvements Performed satisfactory as of this elate. All deficiencies corrected as of Fe;marks (,,1(!1'17�);ilii(I111�5\'LII7j IIlICC�I,UI IIlS�r 1111(1 SL•L�1C$IggUII shead(IC CC. I.. I Lu,.Iingincraing Services L. Lcong, Lnglncuing Scrvicc5 13, Bilangan, Lngintering Services C. Mohammmcd, Engineel inn suvi(e --�+ "+.:;.T'-..t.+y�ez:e•-1...� vim•= Gale Ranch II SubdIvwan: RA-1135 (Cross Ref: SUB 7984) Bond No.: 929270259 Premium: $2,454.00 WpRovEMENT SECURITY BOND FOR PUBLIC RiGin OF WAY LANDSCAPE AGREEMENT (Performance;Guarantee, and Payment) (California Governinent Code Sections 66462 and 66463) 1. RL,crrAL of SvuprvisioN AGirmEMEn: The Principal has executed an.agreement with the County to nista.0 and pay far public right of vray laiis3scaping, and other related improvements in Subdivision RA-1135 Gross F3ef:�SUB 7984 .— as specified in the Subdiivision Agreement (Riglit'of Way Landscaping), and to complete said wprk within the tirm specified for completion izi the Subdivision Agreemnt(Right of Way Landscaping), all i accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision.. Shapell Industries of Northem Califomia, A 2. OBLTGAiTTom Division of Shapell Industries, Inc., a Delaware Corp. . f ashbcipal,and National Fire Insurance t company of Hartford .a.coiporatlOriorganized eXdsthg under the laws. of the State of CT , and authorized to transact surety business.in Califomia, 'as*Surety;hereby jointly and severally bind ourselves o heirs;.executors.administrators, successors, aitd assigns to the County of Contra Costa,California to pay it Three Hundred Twenty Seven Thousand One A.. Perfornmice and Guaimntee: Hundred Seventy Six Dollars and 00/100 Dollars($ 327,176.00 't for itself or any city assignee under.the above County . Subdivision Agreement,plus B. Payment: One Hundred Sixty Five Thousand Two Hundred Thirty Eight Dollars and 00/100 Dollars ($ 165,238.00 ) to secure the claims to which refemce.is made in Title XV (comuwncing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California 3. CoNDr ON: "A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, his or its heirs; executors,administrators, successors or assigns, shaIl in all things stand to and abide by, anu well and truly keep and perform the covenants, conditions and provisions in the said agree im t and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in I-manner therein specified, and in all respects according to their true stent and meal g, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its of ricers,agents and employees, as therein stipulated,then this obligation shall become null and void; otherwise it shall be and refrain in full force and effect. NICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company . of Hartford, American Casualty Company of Reading, PA, The.Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PRE�JM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL P.A TI IPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Farm F7310 PDWE;R OF_ATT-ORNE _POFNTIN-G INDNIDUAL ATTOI-.::_ i(�IN FACT ----- =-- . .. . Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE )MPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania poration(herein collectively called.'the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in City of Chicago,and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Marie A. Cook, Individually Milpitas, Califomia it true and lawful Attomey(s)-in-Fad with full power and authority hereby conferred to sign,seat and execute far and on their behalf bonds, iertakings and other obligatory instruments of similar nature -In Unlimited Amounts- I to bind them thereby as fully and to-the same extent as if suchinstruments were signed by a duly authorized.officer.of their corporations and he acts of said Attomey, pursuant to the authority hereby given,are hereby ratified,and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By Laws and Resolutions, printed on the reverse hereof, adopted, as indicated, by the Boards of Directors of the corporations. In Wiltness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their oorate.seals to be hereto affixed on this 18th day of June 1998 VASURCONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA JULY 31. ... 5FJ1L 7897 • Marvin J.Cashion Group Vice President :e of Illinois, County of Cook;ss: On this 18th day of June 1998 , before me personally came vin J. Cashion,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 s a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and =RICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument that he knows the s of said corporations; that the seals affixed to.the said instrument are such corporate seals;that they were so affixed pursuant to authority n by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same'to ne ad and deed of said corporations: NOTARY PUBLIC My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE 1, Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF ITFORD, and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein ,e set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the rse hereof are still in force.In testimony whereof 1 have hereunto subscribed my name and affixed the seals of the said corporations 10+11 day of .JULV CONTINENTAL CASUALTY COMPANY ��-c�suq�T� t~�1aI1c.� � 0R9c,� 'NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA JULY 31, SEAL 19oz 1gg7 r ' .._:'. _ HAS' _ • Mary A. Ribikawskis Assistant Secretary /1/97) STATE OF'CP�-L- 'F—c) -R,)V 1 A SS. COUNTY OF � Ps�� C L1�r-,--f before me, —� C'� CU PERSONALLY APPEARED Marie A. Cook personally known to nye (ems .,..^ved to jee M t to be the pmonW whose name.Q is/4rm- Subscribed to the within instrument and acl no«iedged to etre that_.4w/she/ executed the same in4As-/her/94ek-outhorized . capacity4es), and that by4is/her/t4ie4--signature.(•on the instrument the person0l or the entitZr upon behalf of which JAMICET.IMUSE 4 the persol*Tacted,executed the Instrument. Commission 91318687 I ' Notary Public-CaGfamie Santa Clara County WITNESS my hand and official seal. ii�►Cturvn.M Irrs�►trg24,20r�5 r t This area for Official Notarial Seat OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Q INDIVIDUAL © CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT •rm-e�s7 ❑ PARTNER(t) Q LIMITED Q GENERAL © ATTORNEY-IN-FACT NUMBER OF PAGES CE TRUSTEE(S) ❑ GUARDIANlCONSERVATOR Q OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR EMTUYOES) National Fire Insurance Company of Hartford SIGNER(S)OTHER THAN NAMED ABOVE ID-asp Rov.034 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of P-c\S71—\ C1J,�,- 2 l� ss. On before me, Date�n Name and Title of Officer(e.g.,"Jane Doe,Notary Pubhc'1 personally appeared Q_ P� m fA�, Name(s)of Signer(s) ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 49/are JANICE T.KRUSE subscribed to the within instrument and C0mmiasion01318697Z acknowledged to me that-hrefske/they executed Notary Public-California the same in i�isfit�/their authorized Santa Clara County capacity(ies), and that by h s#rerNtheir MyComm•EkplmsAug24,21)M5 signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TNESS my hand and official seal. Signature of Notary Public OP Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document p �r Title or Type of Document: L-,F-\- fL1 I] Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: pldual ( (� _\ S ( Top of thumb here Corporate Officer—Titles): _+• 1 as, ❑ Partner—❑ Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representinz_— V �— 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nahonainotary.org. Prod.No.5907 Reorder.Gall Toll-Free 1.800.878-6827