HomeMy WebLinkAboutMINUTES - 10162007 - C.11 TO: BOARD OF SUPERVISORS ' U` . Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa C. I
DATE: October 16, 2007 °r County
cour
SUBJECT: Accept,completion of warranty period and release of cash deposit for faithful performance and
declaring Lusitano Street, Angora Court, Damani Court, and Cashmere Street as County roads,
Subdivision 99-08381, for project being developed by Shapell Homes, a Division of Shapell
Industries, Inc., a Delaware Corp., Danville area. (District 1.11)
SPECIFIC RI-QUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECONIM.EN DATION(S):
ADOPT Resolution No. 2007/'69'a for Subdivision 99-08381, accepting completion of warranty period and
release of cash deposit for faithful performance and declaring Lusitano Street, Angora Court, Damani Court, and
Cashmere Street as County roads, for project being developed by Shapell Homes, a Division of Shapell Industl-ies,
Inc., a Delaware Corp., Danville area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The improvements have met the guarantee performance standards for the warrantyperiod following completion and
acceptance of improvements.
CONSEQUENCES OF NEGATIVE ACTION:
Developer will not receive a.refund of their cash deposit or have their perforliance surety bond exonerated.
Continued on Attuchment:�� SIGNATURE:
_ ECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
46 PROVE OTHER
SIGNA•1UIIE S : '
ACON OF B0:1 ON s•s- APPROVED AS RECOMMENDED O"1'I1ER
UNANIMOUS
(ABSENT
VOW- OF S 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:,Z date shown.
G:f F ngS vc\R0`%2007\10-16\130-e0 S D 99-8381.due
Originator: Public WL)jks(ES)
Cuntacc 'I.Ric(313'310)
1.1
95-'-5741130
cc: Public N'urks -M.Valdez.ii�,T Lab ATTESTED:
-C•un51 on
-1'.Kic,En Cnginecrinc Scn•iccs
CU:1C]11 Planning.Community Development JOHN CULLEN, Clerk of the Board of
Shapol I tonus
100 N.klilpitae Blvd Supervisors and County Administrator
Milpitas'CA 95035
Atln San,Wordcn and Steve Savage
National Eire Insurance Company of llurtford
2355 E.C inelback Road,Suite 500
Phoenix,AL 85016
Attn:Pamcla L.Stocks By , Deputy
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/ -695
SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful
performance and declaring Lusitano Street, Angora Court, Damani Court, and
Cashmere Street as County roads, Subdivision 99-08381,for project being developed
by Shapell Homes,a Division of Shapell Industries,Inc., a Delaware Corp.,Danville
area. (District I1t)
On October 24, 2006, this Board resolved that the improvements in Subdivision 99-08381
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;
NOW THEREFORE LET IT BE RESOLVED that Lusitano Street, Angora Court,Damani
Court and Cashmere Street the hereinafter described roads,as shown and dedicated for public use on
the Final Map of Subdivision 99-08381 filed December 28, 2005,in Book 486 of Maps at Page 33-
48,Official Records of Contra Costa County, State of California,were ACCEPTED on October 24,
2006 and are now DECLARED to be County roads.
Road Na3ne Road-R/W Widths Lengths (Miles)
Lusitano Street 36'/56 ft 0.42 miles
Angora Court 36'/56 ft 0.09 miles
Damani Court 36'/56 ft 0.06 miles
Cashmere Street 36'/56 ft 0.11 miles
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I hereby certify that this is a true and correct copy of an
G:\EngSvc\130\2007\10-16\BO-00 SD 99-8381.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES) Supervisors on the date shown.
Contact: T.ltie(313-2316)
I.D.95-2578030
cc: Public Works M.Valdes,M&T Lab
Construction
T.Rie,Engineering Services ATTESTED:
Current Planning,Community Development JOHN CU LLEN, Clerk of the Board of Supervisors and
Shapell homes
100 N.Milpitas Blvd County Administrator
Milpitas,CA 95035
Attn:Sam Worden and Steve Savage
National Fire Insurance Company of I lartford
2355 I .Camelback Road,Suite 500 By , Deputy
Phoenix,AL 85016
Attn:Pamela L.Stocks
RESOLUTION NO.2007/ 3
SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful
performance and declaring Lusitano Street, Angora Court, Damani Court, and
Cashmere Street as County roads, Subdivision 99-08381,for project being developed
by Shapell Homes,a Division of Shapell Industries,hie., a Delaware Corp., Danville
area. (District IIl)
DATE: October 16, 2007
PAGE: 2
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$22,700.00 cash deposit(Auditor's Deposit Permit No.452271,dated
October 4, 2005) plus interest to Shapell Homes, a Division of Shapell 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 the warranty period has been completed except for
minor deficiencies. The Subdivision Agreement and surety bond rider, Bond No. 929270279, for
$10,000.00 shall remain in effect until minor deficiencies are completed and released by this
Board.
SURETY Tract 8381 11A
WawaAlamo Creek
INCREASE - DECREASE RIDER
929 270 279
TO BE ATTACHED TO and form part of Bond Number _ ..-- —.__-._ issued by the
National Fire Insurance Co—pany of Hartford —., as
Surety, on behalf of —Shapell Homes,a Division of Shapell Industries, Inc.,a Delaware Corp. —of
Milpitas CA -_ hereinafter referred
to as the Principal,and in favor of County-of Contra Costa
of ._.Martinez, CA ._ hereinafter
referred to as the Obligee, effective the —15tIL__._ day ofSe tp ember 2005
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the -..13th - day of�- _September 2007 and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby _'DECREASED`* ....... _... _— from the sum of
Three Hundred Thirty Six Thousand Seven Hundred Sixty Five No/100***
----------....--- - --- -- - -- �_...._- Dollars($_336 765.00..*.--),to the
sum of ..Ten Thousand No/100*** _ _._ _ Dollars($10-000.00*** ).
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the
attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the
sum of Three_Hundred Thirty.Six Thousand Seven Hundred Sixty Five_No/100**bollars($ 336.765.00*** )
or for any loss occurring subsequent to said date shall not exceed the sum of
Ten Thousand_No/100***__ ..- _- Dollars($ 10-000,00—
In
0.000. 0***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 Contra osta A Delaware Corporation
(Principal)
BY -- - ---- - - ---- BY - .--... (Seal)
keh �4.55t Sec.Y V�
BY - - -- _... - ----(Seal)
Robt'i- �• w.o�:t 14v•P.
National-Fie Insurance Company of Hartford
Form F4763 (Surety)
(Seal)
Pamela L. Stocks, 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 10th day of March,2006.
GAS IJ� 114SUq 0, Continental Casualty Company
, � National Fire Insurance Company of Hartford
' 0WO"ure W %VAWakTFC ;RAmerican Casualty Company of Reading, Pennsylvania
Z s JULY 71.
°u SEAL Boz a
1897 NpgIFO" • d�'
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.
j -OFFICIAL SEAL'
• MARIA M.MEDINA j l
i My Conrnis•ion E,•i••7/16/09
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
18th day of Seatember 2007
GAS tJ�tr %14SUR4o< Continental Casualty Company
,t. � National Fire Insurance Company of Hartford
c0WOR+re S�wc �arro American Casualty Company of Reading,Pennsylvania
JULY 11.
°u
SEAL � � � � �
1897 � JIAP�� •
Mary A.qikaiakis 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 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 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 sl sled 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 i n the 171"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."
l
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�xecution 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 oilier 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'"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 Companyl 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 exleeuted 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 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 17th day of February, 1993.
"RESOLVED: That the signature lof the President, an Executive Vice President or any Senior.or Group Vice President and the seal of.the
Corporation may 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 Califomia
County of Los Angeles
On September 18, 2007 before me. Beverly A.Hall-Notary Public
Date 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(z) whose name(a) is/ subscribed to the within instrument and acknowledged to me that
helshe/fkft executed the same in phis/her/lftair authorized capacity0m), and that by kwher/tt #
signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted,
executed the instrument.
BEVERLY A. HALLWITN S my ha d and offici I peal.
Commission # 1717989
s Notary Public -California
Loa Angeles County S NATURE I NO ARY
Cflrrvn. Jan 16 ZOl l
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-IN-FACT
(_) TRUSTEE($)
(_) 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
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z CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
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SS State of California
County of Santa Clara
On September 19,2007, before me, Janice T. Kruse, Notary Public personally appeared
zRobert 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
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.
z�
? JANICE T.KRUSE
?` commission# 15974213 ITNESS my hand official seal.
Lei
Notary Public-California ID
Santa Clara Countyy Comm.Expires Aug 24,2009
Signa re of Notary Public
Optional Information
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Title or Type of Document: Decrease Rider- 8381 - Alamo Creek-Bond #
'? 929270279
z? Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shayell Industries, Inc.
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