HomeMy WebLinkAboutMINUTES - 01232007 - C.4 A ,
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TO: BOARD OF SUPERVISORS, == ,.
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa e,v�
DATE: January 23, 2007 r
couR County
q
SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance,
Subdivision 02-08681,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
RECONIMENDATION(S):
ADOPT Resolution No. 2007/_ for Subdivision 02-08681, accepting completion of warranty period and
release of cash deposit for faithful perfonnance, for project being developed by Shapcll 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 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.
Continued on Attachment: ✓ SIGNATURE:-
_✓RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
7+CPPROVE OTHER
SIGNATURES
ACTION OF BO ON rA,^J' APPROVED AS RECOMMENDED OTHER
VOTE F SUPERVISORS
UNANIMOUS(ABSENT .lam` I hereby certify that this is a true and correct
�V� )
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\2007\01 23\BO-60 SD02-8681.doc date shown.
originator: Public Works(ES)
Contact: T.Rie(313-2363)
I.D.95-2578030
cc: Public Works M.Valdez,M&T Lab ATTESTED:Vh'3'"P GLA'►n �3
A.Bell,Construction JOHN CULLEN, Clerk o e Board of
Current Planning,Community Development
C.Low,City of San Ramon Supervisors and County Administrator
2222 Camino Ramon,San Ramon,CA 94583
Shapell Industries of Northern California
100 N.Milpitas Blvd,Milpitas,CA 95035
Attn:S.Warden and S.Savage
National Fire Insurance Company of Hartford By eputy
2355 E.Camelback Road,Suite 500,Phoenix,AL 85016
TILE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 23, 2007 by the following vote:
AYES: Gioia, Uilkema, Bonilla,
Glover anti Piepho
NOES: lone
ABSENT: None
ABSTAIN: None
- RESOLUTION NO. 2007/30
SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful
performance, Subdivision 02-08681, 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)
On December 6, 2005, this Board resolved that the improvements in Subdivision 02-08681
were completed as provided in the Subdivision Agreement with Shapell Industries of Northern
California,a Division of Shapell Industries,Inc.,a Delaware Corp. and now on the recommendation
of the Public Works Director;
The Board hereby FINDS that the improvements have satisfactorily met the guaranteed
perfornlance standards for the period following completion and acceptance. NOW THEREFORE BE
IT RESOLVED that the Public Works Director is AUTHORIZED to refund:
• the$13,600.00 cash deposit(Auditor's Deposit Permit No.430054,dated August 23,
2004)plus interest to Shapell Industries of Northern California,aDivision of Shape]I
Industries, Inc., a Delaware Corp. in accordance with Government Code Section
53079 (if appropriate), Ordinance Code Section 94-4.406, and the subdivision
agreement.
BE IT FURTHER RESOLVED that upon completion of the warranty and maintenance
period, the San Ramon City Council shall accept the civil improvements for maintenance in
accordance with the Dougherty Valley Memorandum of Understanding.
BE IT FURTHER RESOLVED that the warrantyperiod has been completed by the.developer
except minor deficiencies. The Subdivision Agreement and surety bond rider,Bond No.'929299755,
for $-14;750.00, shall remain in effect until minor deficiencies are completed and released by this
Board.
I hereby certify that this is a true and correct copy of an
'FR:vz action taken and entered on the minutes of the Board of
G:\IaigSvc\BO\2007\01-23\BO-60 SD02-8681.doc
Originator: Public Works(LS) Supervisors on the date shown.
Contact: T.Rie(313-2363)
I.D.95-2578030
cc: Public works -M.Valdez,M&T Lab
A.Bell,Constriction ATTESTED: ✓cZ rc�� •��3 ��O
Current Planning,Community Development
C.Low,City of San Ramon JOHN CULLEN, Clerk of tlwAoard of Supervisors and
2222 Camino Ramon,San Ramon,CA 94583 County Administrator
Shapell Industries of Northern California
100 N.Milpitas Blvd,Milpitas,CA 95035
Attn:S.Worden and S.Savage
National Fire Insurance Company of Iiartford
2355 1:.Camelback Road,Suite 500,Phoenix,AZ 85016 By , Deputy
RESOLUTION NO.2007/�,50
Tract 8681, N-6, Veranda
CMA sURETY
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number—_. .._929 299 755 _ issued by the
National Fire Insurance Company of Hartford
as
Surety, on behalf of -Shapell Industries of Northern California,a Division of Sha ell Industries, Inc.,a Delaware Corp. of
Milpitas, hereinafter referred
to as the Principal, and in favor of _County of Contra Costa
of Martinez, CA _ _ __- hereinafter
referred to as the Obligee, effective the 23rd day of Jam_ , _2004
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the --27th— day of ___ December _ 2006 —, and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby ''D_ECREASED". from the sum of
Two Hundred Two Thousand Six Hundred Thirty Five No/100 ` _ Dollars ($.202,635.00" ) to the
sum of Fourteen Thousand Seven Hundred Fifty No/100"" Dollars($ 14,750.00"' ).
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.Hundred Two Thousand-_Six Hundred Thirty Five.No/100"_ Dollars ($ 202 635.00*` _)
or for any loss occurring subsequent to said date shall not exceed the sum of
Fourteen Thousand Seven Hundred Fifty No/100" — Dollars($ -M-M-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 December.2006
Accepted Shapell Industries of Northern California, a Division
County of C tra sta of Shapell Industries, Inc., a Delaware Corp.
(Principal)
BY - - - -- -- BY — - .. ..._ —(Seal)
eve CL%RScc7"
t ...�BY - _. - (Seal)
4Zober �1o�+et< Acvr V to
Natio a Insurance Company of Hartford
-- (Gu ty).
Form F4763 ? ---- --By = `! P��R _....... - .' - -- (Seal)
Pamela L.Stocks, Attorney-in-Fact
State of California
County of Los Angeles
On December 28,2006 before me. Sandy Hanner- Notary Public
Date NAME. TITLE OF OFFICER.. 'JANE DOE. NOTARY PUBLIC'
personally appeared Pamela L. Stocks
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(s) is/am subscribed.to the within instrument and acknowledged to me that
he/she/t executed the same in alis/her/fteir authorized capacity0fts), and that by kwher/mac
signature(s) on the instrument the person(t), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNES my hand and offs 'al seal.
SANDY HAMVER
Comrr"on# 1672602
y Notary Public -Camornlo SIGNATURE OF NOTARY
Los Angeles,County
Comm.Mv E'paw Jul Z,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)
National Fire Insurance Company of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
G-107426-5
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 scaled 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 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 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 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 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 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."
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 Harmer,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 LJq�T %NSUR4 o M&� Continental Casualty Company
National Fire Insurance Company of Hartford
GORPORATs 0
S�Mcararfo American Casualty Company of Reading,Pennsylvania
Z , s JULY 11,
OU SEAL f e 1902
1897 HARD •
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 CasualtyCompany,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 ;
Notry Public.Stn•of ifNnois •
My commission Eapins 7/151ft
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 December 2006
eAsu��T %NSU* 0'0e�v %
Continental Casualty Company
qNational Fire Insurance Company of Hartford
copPaure 0American Casualty Company of Reading,Pennsylvania
SEAL1897 IMMA
Mary A.qikai6kis Assistant Secretary
Form F6853-11/2001
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
`z State of California z
County of Santa Clara
On January 2, 2007, before me, Janice T. Kruse, Notary Public personally appeared
Robert D. 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
S in their authorized capacities, and that b their signature on the instrument the persons or
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the entity upon behalf of which the persons acted, executed the instrument.
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>,{ JANICE L KRUSE ?�
>> Commisslon# 1597428 WITNESS my hand and official seal.
OMY
Notary Public-California
Santa Clara County
Comm.Expires Aug 24,2009
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Title or Type of Document: Decrease Rider- Tract 8681 - N-6, Veranda
?: Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Z
Shanell Industries, Inc.
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