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Home My WebLink AboutMINUTES - 10242006 - C.9 SE ` TO: BOARD OF SUPERVISORS ��—- � ==��' Contra -. _ FROM: MAURICE M. SHN, PUBLIC WORKS DIRECTOROV, - -` `s Costa0_1 DATE: October 24, 2006 C61 County sr'4 Ur3'f� SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 03-01148 (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 03-01148 (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 ted and the maintenance/warranty period will not begin. Continued on Attachment: ✓ SIGNATURE: "`'�✓l. --CtECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE �ACPPROVE OTHER r SIQNATURE(S'-;��— � ACTION OF B A DON tiY APPROVED AS RECOMMENDED OTHER VOF SUP ISORS O , UNANIMOUS(ABSENT N �� I hereby certify that this is a true and correct 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 03-1148:doc date shown. Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB I.D.95-2578030 cc: Public c Works -A.Bell,Construction Div. -P.Tehaney,M&T Lab ATTESTED: fro L Bergeron'Mapping Div. T.Ric,Engineering Svc. JOHN CULLEN, Clerk of the Board of - -T.—August 24,2007 Sheriff-Patrol Div.Commander Supervisors and County Administrator CHP,c/o Al CSAR—Cartog Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Shapell Industries ofNorihem 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.Carnelback,Suite 500 Phoenix,AZ 85016 CONTRA COSTA Cc Recorder Office STEPHEN L, WEIR, Clerk-Recorder Recorded at the request of: DOC— 2006-0342191-00 Contra Costa County Board of Supervisors Wednesday, OCT 25, 2006 12:29:18 Return to: FRE $0.00 Public Works Department Ttl Pd $0,00 Nbr-0003460340 Engineering Services Division 1 r c/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,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ (0�6 SUBJECT:S Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 03-01148 (cross-reference Subdivision 95-07984),for prof ect 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 Japonica Road. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Road Acceptance 03-01148 (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\BO\2006\10-24\BO-45 DV(Landscaping)RA 03-1148.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 I.Bergeron,Mapping Div. T.Rie,Engineering Svc. Supervisors on the date shown. T.—August 24,2007 Sheriff-Patrol Div.Commander CHP,c/o At artog - CSAA CATTESTED: d7�B y GO-V � Chris Low,City of San Ramon JOHN CULLEN, Clerk of the Board of Supervisors and 2222 Camino Ramon,San Ramon,CA 94583 Shapell Industries of Northern 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 Phoenix,AZ 85016 By , Deputy RESOLUTION NO.2006/ �d SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 03-01148 (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 April 19, 2005 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for$304,507.00, Bond No. 929348474 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 Japonica 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 $6,100.00 cash deposit (Auditor's Deposit Permit No. 436206, dated December 16, 2004) made by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp., and the performance/maintenance surety bond rider for $90,437.00, Bond No. 929348474 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 2006/!;�A� CNASURETY RA-1148 Japonica Way (XREF SUB 7984) Gale Ranch If INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part'of Bond Number 929 348 474' issued by the National Fire Insurance Compare of Hartford as Surety, on behalf of Shapell Industries of Northern California,a Division of Shapell Industries, Inc.,a Delaware Corp. of Milpitas, CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee, effective the 3rd day of December 2004 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 22nd day of August 2006 , and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby **DECREASED'" _ from the sum of Six Hundred Two Thousand Nine Hundred Fourteen No/100''" Dollars($ 602,914.00'** ), to the sum of Ninety Thousand Four Hundred Thirty Seven No/100*** Dollars($ 90,437.00*** ). 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 Six Hundred Two Thousand Nine Hundred Fourteen No/100*** Dollars ($ 602,914.00*** ) or for any loss occurring subsequent to said date shall not exceed the sum of Ninety Thousand Four Hundred Thirty Seven No/100*** Dollars ($ 90,437.00*** ). 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 August, 2006 Accepted By- Shapell Industries of Northern California,A Dvision of Shapell Industries, Inc., County of Con Costa A Delaware Corporation. (Principal) By _ By _(Seal) J. ebridge, V. P. By (Seal) Ken Cox, Asst. Sec. National Fire Insurance Company of Hartford (Su et0--)rwX a Form F4763 VBy � (Seal) Gina 'Shea, Attorney-in-Fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT - Know All MeL 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 Attorneys)-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. GAS trA LwsuaqContinental Casualty Company . ` '�� ,a National Fire Insurance Company of Hartford OMP re no %stw 4rc American Casualty Company of Reading,Pennsylvania Z s JULY 71, , Ov -SEAL c TA t Isu �T f 697 NARK • 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 • NyPUEIIC,.Btpk WIN • Co �� •L•k My Commission Expn•3/1610Y 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 printen 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 eft day of August 2006 . GAS4 OsueqContinental Casualty Company ,�a National Fire Insurance Company of Hartford CORP O1igTe �'� Awa a+arfo American Casualty Company of Reading,Pennsylvania Z s JULY 31. Ot) SEAL c 1902 .t 1697 NAND • Mary A.R(bikafjkis Assistant Secretary Form F6853-11/2001 7- 4. r. Authorizing By-haws and Resolutions ',ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: ;a 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 Attomey-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 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 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`. 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 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 thereto. The President or any Executive,Senior or Group Vice President 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 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 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 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 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 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 August 28,2006 before me. Sandy Hanner- Notary Public Date 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( is/sw subscribed to the within instrument and acknowledged to me that ke/she/tf( executed the same inks/her/*nO authorized.capacitygw), and that by kis/her/thwk signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. TO ++ twevER WITNES my hand and official I. Comn n#E 1672602 Notary RM -Ce#Ifomla Lag AngeloCounty SIGNA RE OF NOTARY my connm.Exw m Jul 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-(N-FACT (_) TRUSTEE(S) (�) GUARDIAN/ CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Natinnal Fire InsuranrP rompany of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G•107426.8 ['�/WNL/�.'�M/./W�.NWS/l.M/n/�/.N�/\/�/`✓'./�/'✓ �/'✓WW�/N N�/�W✓M%'W� NWW�✓'✓W\MMS' — -v_.. _ _ ' Z CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT S) 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. WITNESS my hand and official seal. S JANICE t KRUSE ? Commission#1597428 - Notary Public-Colitomfa � Santa Clara county Sign ture of Notary Public t1Ay Comm.Expires Aug 24,200 Optional Information Title or Type of Document: Decrease Rider RA-1148 - Japonica Way, Tract 7984 - Gale II Capacity Claimed by Signer: Assistant Vice President & Assistant Secretary of Shanell Industries, Inc. r I �\rivv��ww��iv✓'✓N✓vw��.n�r.ivv��Nw��NW�n✓�r�ivvv.n�✓wW.;�n��✓w�ni.M.v✓v�nivv.iw�nnvvw✓�i�W��rw�i�niv.n "�/VWWV.nJV�i'✓./�n//'./I./'✓N✓/v'W�/��/'✓N�VI�N/`-/'�/�✓/'✓�//W✓V�/W✓./'✓WV�v�NVVI�^./�/�/VWJ.//V/J./-/l'./NW//V�IM//+N/VWV�/V�l