HomeMy WebLinkAboutMINUTES - 12162008 - C.15 (2) s `
TO: BOARD OF SUPERVISORS = t=-=�' Contra
-`•;
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa
DATE: December 16, 2008 County
sra-ctiur:{t
SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way
Landscaping), Road Acceptance 05-01187, San Ramon (Dougherty Valley) area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/ accepting completion of landscape improvements for Subdivision
Agreement (Right-of-Way Landscaping) for Road Acceptance 05-01187, (cross-reference Subdivision 99-
08306), project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., as
recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer has completed the improvements per the Subdivision Agreement (Right-of-Way Landscaping),
and the accordance with the Title 9 of the County Ordinance Code.
CONSEQUENCES OF NEGATIVE ACTION:
The completion of improvements will not be accepted and
d the Maintenance/warranty period will not begin.
Continued on Attachment: SIGNATURE.
IL ic
RECOMMENDATION OF COUNTY ADMINISTRATOR
}tECOMMENDATION OF BOARD COMMITTEE
_
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON APPROVED AS RECMMENDED OTHER
VOXF SUPERVISORS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
BB:jc ABSENT: ABSTAIN: date shown.
G:\EngSvc\BO\2008\I2-16\RA 05-01187 8045
DV Landscape(SUB-RA-PA)FORM.docx
Originator: Public Works(ES) h
n L—
Contact: J.LaRocque(313-215) ATTESTED:A4! rrj W1X0A`i ld�
Recording to be completed by Clerk of the Board
cc: Public Works -K.Guruwaya Construction Div. DAVID TWA, Clerk of the Board of
-I.Bergeron,Mapping Div. Supervisors and County Administrator
-P.Edwards,Engineering Svc.
-T.—October 16,2009
Chris Low,City of San Ramon
2222 Camino Ramon,San Ramon,CA 94583
Sam Worden,Shapell Homes By , Deputy
1100 N.Milpitas Blvd.,Milpitas,CA 95035
The Continental Insurance Company
2355 E.Camelback Road,Suite 500
Phoenix,AZ 95016
Attn:Pamela L.Stocks
CONTRA COSTA Co Recorder Office
STEPHEN L. WEIR, Clerk-Recorder DOC— 2@08
Recorded at the request of.. 0271092-00
Contra Costa County to:Supervisors Thursday, DEC 18, 2008 13:21:41
Return t
Board FRE $0.001 1
Public Works Department Tt 1 Pd $0.00 Nbr-0004282161
Engineering Services Division Ire/R S/1-8
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 16, 2008 by the following vote:
AYES: Gioia, Uilkema, Piepho, Bonilla,
and Glover
NOES: None
ABSENT: None
ABSTAIN: None
~ RESOLUTION NO. 2008/
SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement
(Right-of-Way Landscaping) Road Acceptance 05-01187 (cross-reference
Subdivision 99-08306), project developed by Shapell Homes, a Division of
Shapell Industries, Inc.; a Delaware Corp., as recommended by the Public Works
Director, San Ramon(Dougherty Valley) area. (District III)
These improvements are approximately located near Main Branch Road and Bollinger
Canyon Road.
The Public Works Director has notified this Board that the Right of Way Landscaping
Improvements in Road Acceptance 05-01187 (cross-reference Subdivision 99-08306) have been
completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Shapell
Homes, a Division of Shapell Industries, Inc., a Delaware Corp., heretofore approved by this
Board in conjunction with the filing of the Subdivision Map.
BBje I hereby certify that this is a true and correct copy of
G:\EngSvc\BO\2008\I2-16\RA 05-01187 B045 an action taken and entered on the minutes of the
DV Landscape(SUB-RA-PA)FORM.docx
Originator: Public Works(ES) Board of Supervisors on the date shown.
Contact: J.LaRocque(313-215)
Recording be completed by Clerk of the Board ATTESTED:
cc: Public
m
c Works -K.Guwaya Construction Div. �
-1.Bergeron,Mapping Div. DAVID TWA, Clerk of the Board of Supervisors
-P.Edwards,Engineering Svc. .
-T.—October 16,2009 and County Administrator
Chris Low,City of San Ramon
2222 Camino Ramon,San Ramon,CA 94583
Sam Worden,Shapell Homes
1100 N.Milpitas BlvdMilpitas,CA 95035 By , Deputy
The Continental Insurance Company
2355 E.Camelback Road,Suite 500
Phoenix,AZ 95016
Attn:Pamela L.Stocks
RESOLUTION NO.2008/
SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement
(Right-of-Way Landscaping) Road Acceptance . 05-01187 (cross-reference
Subdivision 99-08306), project developed by Shapell Homes, a Division of
Shapell Industries, Inc., a Delaware Corp., as recommended by the Public Works
Director, San Ramon(Dougherty Valley) area. (District III)
DATE: December 16, 2008
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been
COMPLETED as of December 16, 2008 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 BANK/SURETY
June 03, 2008 The Continental Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for
$112,290.00, Bond No. 929 412 140 issued by the above surety be RETAINED for the six
month lien guarantee period until June 16, 2009, 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-if-Way Landscaping Improvements along
Main Branch Road are ACCEPTED AS COMPLETE.
BE IT FURTHER RESOLVED that upon completion of the warranty and maintenance
period, the San Ramon City Council shall accept the improvements for maintenance and
ownership in accordance with the Dougherty Valley Memorandum of Understanding.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the $2,200.00 cash deposit (Auditor's Deposit Permit No. 502197, dated May 1,
2008) made by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. and the
performance/maintenance surety for $33,357.00, Bond No. 929 412 140 issued by The
Continental Insurance Company be RETAINED pursuant to the requirements of Section
94-4.406 of the Ordinance Code until release by this Board.
RESOL UTION NO. 20081
CNA SURETY-
RA-05-01187(cross-ref SUB 8306) Gale Ranch III
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 929 412 140 issued by the
The Continental Insurance Company as
Surety, on behalf of Shapell Homes, a Division of Shapell Industries. Inc., a Delaware Corp. of
Milpitas,CA hereinafter referred
to as the Principal, and in favor of County of Contra Costa
of Martinez CA hereinafter
referred to as the Obligee, effective the 11th day of April 2008
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 12th day of November 1 2008 ,and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby **DECREASED** _ from the sum of
Two Hundred Twenty Two Thousand Three Hundred Eighty No/100*"" Dollars($ 222.380.00*** ),to the
sum of Thirty Three Thousand Three Hundred Fifty Seven No/100"* Dollars($33,357,000"** )
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of'the
attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the
sum of Two Hundred Twenty Two Thousand Three Hundred Eighty No/100*** Dollars($ 222.380.00*** )
or for any loss occurring subsequent to said date shall not exceed the sum of
Thirty Three Thousand Three Hundred Fifty Seven No/100*** Dollars($ 33,357,000*** ),
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 14th day of November, 2008
Accepted By: Shapell Homes, a Division of Shapell Industries, Inc.,
County of Contra CQsta A Delaware Corporation
(Principal)
By -- — By �� (S al)
UJ r SC. _0_0e '1'!5fe1
By ` / Seal))
(/
The Co. nen I Insurance Company
Form F4763 rely)
� -
By (_�� /1 (Seal)
Pamela L. Stocks, Attorney-in-Fact
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California -
County of Santa Clara
On November 17, 2008,before me, Allison L. Gold,Notary Public personally appeared
J.C. Truebridge and Ken Cox who proved to me on the basis of satisfactory evidence to
be the persons whose names 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 person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
ALLISON L. GOLD WITNESS my hand and official seal.
COMM. # 1805802 z
2 NOTARY PUBLIC-CALIFORNIA;
SANTA CLARA COUNTY
My Comm.Expires July Z-20121
�;ignab of Notary Pub 1c
Optional Information
-Title orType ofDocumen:
Capacity Claimed by Signer: Vice President&Assistant Secretary of
Shavell Industries,Inc.
c
Effective 1/1/08
C .
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania corporation,is a duly organized and existing
corporation having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed
hereby make,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Harmer,Gina O'Shea,Individually
of Sherman Oaks,CA,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its
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 the corporation 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 Board of Directors of the corporation.
In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal
to be hereto affixed on this 22nd day of November,2006.
�j INSpd
• "NS The Continental Insurance Company
•.•
• '`sYs
C+•
•z ,ob op
Thomas P. Stillman Senior Vice President .
State of Illinois,County of Cook,ss:
On this 22nd day of November,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 The Continental Insurance Company,a Pennsylvania
corporation,described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument
is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto
pursuant to like authority,and acknowledges same to be the act and deed of said corporation. .
-OFFICIAL SEAL'
MARIA M.MEDINA ;
♦ y cm PuWk,StowEw*of ll6mi •
My C•mmi.wn E•pirw 9/16100: \'/1,�\.� ✓_ .� �
My Commission Expires March 15,2009 Maria M.Medina Notary Public
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company,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 corporation 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 corporation this
14 day of November 2008
��� IN The Continental Insurance Company
IN •.,
•`�'•'�•"���• Mary A.R�ikaiokis Assistant Secretary
Form F6850-11/2001
Authorizing By-Laws and Resolutions .
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE 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 VI-Execution of Documents
Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President or 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 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 or
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 granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13`h day of January, 1989:
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On November 14,2008 before me, Beverly A. Hall, Notary Public
Date Here Insert Name and Title of the officer '
personally appeared Pamela L. Stocks
Names)of Signer(s) '
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(sa istSM subscribed to the
within instrument and..acknowledged to .me that
lft4/she/thWexecuted the same in NWher/1f;tc authorized
capacity#v;e and that by Ilher/theitrsignature(&) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
REVERIY A. llAtl
Canmq�lco� %QL_ I certify under PENALTY OF PERJURY under the laws
No"ri-CaR1ef" of the State of California that the foregoing paragraph is
COYIMY true and correct.
w �
WITNESS my hand and official seal.
_Notary Seal Signature- &MAfY G�J�
Soo nat a Zff Notary Public