HomeMy WebLinkAboutMINUTES - 10242006 - C.8 TO: BOARD OF SUPERVISORS -E—j = Contra
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FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ` Costa c . ,a
o'• iiiin'xi s
DATE: October 24, 2006 �os` - cs`'k�
rA �oU County
SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way
Landscaping) for Road Acceptance 02-01139 (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 02-01139 (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 accepted and the maintenance/warranty period will not begin.
Continued on Attachment: c/ SIGNATURE: / —
_ ECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
L.arPPROVE OTHER
'
SIGNATURES : r
ACTION OF BOXRDJON O APPROVED AS RECOMMENDED OTHER
voT of SUPE SOBS I hereby certi that this is a true and correct
✓ UNANIMOUS(ABSENT 77p/ ) �' '
AYES:' NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
TR:vz
G:\EngSvc\BO\2006\10-24\BO-45 DV(Landscaping)RA 02-01139.doc date shown.
Originator: Public Works(ES)
Contact: Teri Ric(313-2363)
Recording to be completed by COB
I.D.95-2578030
cc: Public Works -A.Bell,Construction Div.
-P.Tehan �t
ey,M&T Lab ATTESTED: �o r, to X 07.E G
1.Bergeron'Mapping Svc.c. JOHN CULLEN, Clerk of the Board of
-
T.Ric,Engineering
-T.—August 24,2007
Sheriff-Patrol Div.Commander Supervisors and County Administrator
CHP,c/o Al
CSAA—Cartog
Chris Low,City of San Ramon
2222 Camino Ramon,San Ran on,CA 94583
Shapell Industries ofNorthem California
100 N.Milpitas Blvd By , 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
CONTRA COSTA Co Recorder Office
Contra Cosa County Recorded at the
request°f: STEPHEN L. WEIR, Clerk-Recorder
'
Board of Supervisors DOC— 2006-0342190-00
Return to:
Public Works Department Wednesday, OCT 25, 2006 11:29:13
Engineering Services Division FRE $0.00
Tt 1 Pd $0.00 Nbr-0003460338
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, Piepho,DeSatilnier,Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
— --'- - RESOLUTION NO. 2006/
SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement
(Right-of-Way Landscaping) for Road Acceptance 02-01139 (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)
These improvements are approximately located near Stoneleaf Road.
The Public Works Director has notified this Board that the Right-of-Way Landscaping
improvements for Road Acceptance 02-01139 (cross-reference Subdivision 95-07984),have been
completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Shapell
Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp.,heretofore
approved by this Board;
TR:vz
G:\EngSvc\130\2006\10-24\B0-45 DV(Landscaping)RA 02-01139.doc
Originator: Public Works(ES)
Contact:Teri Ric(313-2363)
Recording to be completed by COB
I.D.95-2578030
cc: Public Works A.Bell,Construction Div. I hereby certify that this is a true and correct copy of an
P.Tehaney,M&T Lab action taken and entered on the minutes of the Board of
L Bergeron,Mapping Div.
T.Ric,Engineering Svc. Supervisors on the date shown.
T.—August 24,2007
Sheriff-Patrol Div.Conmmnder
CHPAl
,
-Cartog ATTESTED:
CSAA
Chris Low,City of San Ramon JOHN CULLEN Clerk of the Board of Supervisors and
2222 Camino Ramon,San Ramon,CA 94583 1�
Shapell Industries ofNorthem California County Administrator
100 N.Milpitas Blvd
Milpitas,CA 95035
Attn:Jim Gold,Sam Worden and Steve Savage
National Fire Insurance Company of Hartford
2355 E.Camelback,Suite 500 By , Deputy
Phoenix,AZ 85016
RESOLUTION NO.2006/ 6O
SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement
(Right-of-Way Landscaping) for -Road Acceptance 02-01139 (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)
DATE: October 24, 2006
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the landscape 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 (Right-of-Way Landscaping):
DATE OF AGREEMENT NAME OF SURETY
November 30, 2004 National Fire Insurance Company of
Hartford
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $75,955.50,
Bond No. 929299763 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 the Right-of-Way Landscaping improvements on
Stoneleaf Road are ACCEPTED AS COMPLETE. Upon completion of the warranty and
maintenance period, the San Ramon City Council shall accept the landscape improvements for
maintenance in accordance with the Dougherty Valley Memorandum of Understanding.
BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is
hereby established, and the $1,500.00 cash deposit (Auditor's Deposit Permit No. 432272, dated
October 4, 2004) made by Shapell Industries of Northern California, and the
performance/maintenance surety bond rider for$22,562.00,Bond No. 929299763 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 ATO.. 20.0.616<5�_gr
CMA
SURETY RA-1139, SUB 7984, Stoneleaf Road, Gale Ranch II
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 929 299 763 . issued by the
National Fire Insurance Company of Hartford as
Surety, on behalf of Shapell Industries of Northern California,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 23rd day of September 2004
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 28th 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
One Hundred Fifty Thousand Four Hundred Eleven No/100*** Dollars($150,411:00*** ), to the
sum of Twenty Two Thousand Five Hundred Sixty Two No/100*** Dollars ($ 22,562.00*** )
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 Hundred Fifty Thousand Four Hundred Eleven No/100*** Dollars ($ 150,411.00*** )
or for any loss occurring subsequent to said date shall not exceed the sum of
Twenty Two Thousand Five Hundred Sixty Two No/100*** Dollars($ 22,562.00*** ).
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, Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,
Count of Contr ost A Delaware Corp.
(Principal)
By — By (Sea()
K
By ` (Seal)
rn WorJ.e�,,t WsS� Se.e�e1 �
National Fire Insurance Company of Hartford
Form F4763 1y)
By _ _(Seal)
Gi a O'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.
GO'S 114sugq Continental Casualty Company
National Fire Insurance Company of Hartford
GORPOnAre 0 S� �n ;R American Casualty Company of Reading,Pennsylvania
� • 7
a JULY 71,
OU SEAL g as � ! 1902
1891 HAR J, •
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`
MARIA M.IEDINA .
.
Notary Punk,State of iMinola
i My Commission Expis 31151W
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 dayof September 2006
CAsuq�ly �wsuRq Continental Casualty Company
National Fire Insurance Company of Hartford
coltPOUre Sj� g�'�Nc ammo American Casualty Company of Reading,Pennsylvania
ov SEAL Cd Ju' I.
i b
1891 HAIr�°� �f •
Mary A.Rtbikafjkis Assistant Secretary
Form F6853-11/2001
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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. 14
"Article IX--Execution of Documents 3
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 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 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',„ •; j.
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 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:
a. i
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 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."
is
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."
}-�-i.-•« .�"` -�,------%.. _- ,.mss --�-..�-s-.,.� y�-,-.-�..�. _av,�=-.-.+.:..�,.._
State of California
County of Los Angeles
On September 28, 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( isAm subscribed to the within instrument and acknowledged to me that
bme/she/tba executed the same in:hms/her/*d* authorized capacity(ies), and that by trtis/her/
signature(s) on the instrument the person(S), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNES /my hand and ial seal,
SAWY HANKER
Commisslon# 1672602
-- Notary Public -Ccoomla
Los Argeft County SIGNATURE OF NOTARY
MV Come. M 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)
NatannnI Fara InsiiranrP Company of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
G-107.26.6
r- -
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.
QMYNoJANICE t KRUSE WITNESS my hand fficial seal.
Commission#1597428 `
tary
Public-Californiaz
Santa ClaraCounty Comm.ExptMS"24,2009 Sig ature of Notary Public
Optional Information
Title or Type of Document: Decrease Rider—Tract 7984—RA-1139—929-299-763
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries, Inc..
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