HomeMy WebLinkAboutMINUTES - 10162007 - C.10 �.
TO: BOARD OF SUPERVISORS Contra.•_-._;�-� -��\.
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa G.
DATE: October 16, 2007
co �$A County
JSJ�_ IJ^� V
SUBJECT: Accept completion of warranty period and release of cash deposit for faithful performance,
Subdivision 99-08306, for project being developed by Shapell Homes, a Division of Shapell
Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III)
SPECIFIC IUQULST(S)OR R1:CO3%9MENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION (S):
ADOPT Resolution No. 2007/��✓for Subdivision 99-08306, accepting completion of warranty period and
release of cash deposit for faithful performance, for project being developed by Shapell Homes, a Division of
Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III)
FISCAL tN4PACT:
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: SIGNATURE:
ECOMMENDATION OF COUNTY ADMINISTRATOR
—RE 'OMMENDATION OF BOARD COMMITTEE
r PPItOVE OTHER
SIGNA'T'URES
ACTION OF Bo(�b ON 9- Y =4P;L APPROVED AS RECOMMENDED OTHER
VOTE F SUPERVISORS i hereby certify that this is a true and correct
UNANIMOUS(ABSEN"I )
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
TR:vz date shown.
G:\IingSvc`,1.30`•?007`•10-10`,130-()0 SD 99-8300.doc
Ori!,inator: Public Works(I:S)
Contact: T.Ric(313-2363)
1.D.95-2578030ATTESTED: Va07, 6r,✓ /C, a2mo�
cc: Public Works Ni.Valdez,M&T U)
Construction JOHN CULLEN, Clerk of the Board of
T.Ric,Enginecrin"ser,;ces Supervisors and County Administrator
CUrrent Planning.Community Dcvclopment
Shapell Homes
Wf)N.Milpitas Bh•d
Milpitas,CA 95035
Atm:S.\Norden and S.Savage By , Deputy
National fire InSllranCC Of'tL•Inlord
2355 li.Camelback Road,Suite 500
Phoenix,AZ 85016
Attn:Pamela L.Stocks
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on October 16,2007 by the following vote:
AYES: SUPERVISORS GIOIA,
UILKEMA, BONILLA; AND PIEPHO
NOES: NONE
ABSENT; SUPERVISOR GLOVER
ABSTAIN: NONE
-- -
RESOLUTION NO.2007/
SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful
performance,Subdivision 99-08306, for project being developed by Shapell Homes, a Division of
Shapell Industries,Inc., a Delaware Corp., San Ramon(Dougherty Valley)area. (District Iii)
On September 26, 2006, this Board resolved that the improvements in Subdivision 99-08306 were
completed as provided in the Subdivision Agreement with Shapell Homes, 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 performance
standards for the period following completion and acceptance. NOW THEREFORE BE IT RESOLVED that the
Public Works Director is AUTHORIZED to:
• REFUND the 63,900.00 cash deposit (Auditor's Deposit Permit No. 450512, dated August 3l,
2005) plus interest to Shapell Homes, a Division of Shapell Industries, Inc. in accordance with
Government Code Section 53079 (if appropriate), Ordinance Code Section 94-4.406, and the
subdivision agreement.
BE IT FURTIIER 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 warranty period has been completed,except for minor deficiencies,
and the Subdivision Agreement and surety bond rider, Bond No. 929348514, for $34,350.00shall remain in effect
until minor deficiencies are completed and released by this Board.
1 hereby certify that this is a true and correct copy of an action taken and
entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: OCTOBER 16, 2007
JOHN CULLEN,Clerk of the Board of Supervisors and County
Administrator
By Deputy
TR:vz
G:\EngSvc\BM2007\10-16\BO-60 SD 99-8306.doc
Originator: Public Works(ES)
Contact: T.R.ie(313-2363)
I.D.95-2578030
cc: Public Works M.Valdez,M&T Lab
Construction
T.Rie,Engineering Services
Current Planning,CommunitDevelopment RFSOL U7ION NO. 2007/AS.A,
Shapell Homes
100 N.Milpitas Blvd
Milpitas,CA 95035
Attn:S.Wordcn and S.Savage
National Fire Insurance of I lartford
2355 E.Camclback Road,Suite 500
Phoenix,AL 85016
Attn:Pamela L.Stocks
RESOLUTION NO.2007/5 Sz
CKWASURETY
Tract
Gale Ranch III
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number—_ ._--__-929 348 514 _ issued by the
National Fire Insurance Company of Hartford
—. ..—......—.. — — as
Surety, on behalf of .Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp. of
Milo-itas,CA _ _--,hereinafter referred
to as the Principal,and in favor ofCounty of Contra Costa
of .Martinez,CA _.. hereinafter
referred to as the Obligee, effective the 16th day of ___August-__ -_ _2005_,
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the _... 13th _-_ day of —__... September , 2007 _ _ and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby **DECREASED"—_... —----- __-..-__ from the sum of
Nine Hundred,.Forty Eight Thousand Five Hundred Fifty Five No/100*** -. Dollars($..948,,555,00**` ._..) to the
sum of . Thirty Four Thousand Three Hundred Fifty No/100*** Dollars($ 34,350.00*** )
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 .Nine Hundred Forty_Eii ht Thousand Five Hundred Fifty_Fiv_e No/100.***Dollars($ -948,555.00*** ),
or for any loss occurring subsequent to said date shall not exceed the sum of — —_
Thirty Four Thousand Three Hundred Fifty No/100*** Dollars($ 34,350.00*** ).
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 18th day of September,2007
Accepted By: Shapell Homes,A Division of Shapell Industries,Inc.,
County of Co a C to A Delaware Corporati n
(Principal)
BY ---- — - --- -- ---- By -- (Seal)
oh.. .oK�. SSS -' Zrtar�
By _..... (Seal)
,b } ►�. v�n�ov..1 Y4 ss} U,�
NationaVF-ffe,Insurance Company of Hartford
Form F4763 (Suretyj/`-- /
(Seal)
Pamela L. Stocks, Attorney-in-Fact
.i
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 10th day of March,2006.
GAS tL1�l tNSJJ?4Continental Casualty Company
National Fire Insurance Company of Hartford
F opq°OR"rc ORar�e American Casualty Company of Reading, Pennsylvania
Z s JULY 71,
Ou SEAL 'C 19027
1897 HARD
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
• Notsry Public,Stab of I1111nais • ``^_
i
My Commission Ex*n 311 BIN
My Commission Expires March 15,2009 Maria M.Medina Notary Public
CERTIFICATE
1,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
18th dayof September 2007
eastJ�tr %NSU84 p• Continental Casualty Company
National Fire Insurance Company of Hartford
ca+POuYe � �,�aaraLarFo American Casualty Company of Reading,Pennsylvania
F • �
S JULY 11, ,
�u SEAL 1902
1897 ►IaR� .
Mary A.R�ikai@kis 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 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 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 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-iii-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.attomey 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 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 setforth 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 itis attached,continue to
be valid and binding on the Corporation."
aA
State of California
County of Los Angeles
On September 18, 2007 before me. Beverly A.Hall-Notary Public
oace NAME. TITLE OF OFFICER.. -JANE OOE. 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/tom executed the same in:ttis/her/ftteir authorized capacityyw), and that by hisdher/WmU
signature(s) on the instrument the person(, or the entity upon behalf of which the person(s) acted,
executed the instrument.
BEVERLY A. HALL WITNESS my ha d and oBiciZ�Q
Commission # 1717989
Notary Public -California 2 - �.
Los Angeles County \,�_911GNATUF!r NOTARY
Conan Jc3n 16.2011
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
(_) 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 1S REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
National Fire Insurance Company of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
G-107426-5
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Z> CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On September 19,2007, 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
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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.
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JANICE L KRUSE WITNESS my hand arJd,official seal.
�{ Commission# 1597428
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??� S ,..m Notary Public-California , Jnr
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My Comm.Expires"24,2009 Signature of Notary Public
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<s Title or Type of Document: Decrease Rider- 8306 - Gale III - Bond # 929348514
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Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shavell Industries, Inc.
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