HomeMy WebLinkAboutMINUTES - 01062009 - C.11 It
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TO: BOARD OF SUPERVISORS '`�'��, `'�=_��' Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIREC n
Costa
'
. . �
DATE: January 6, 2009 �'�o '` c�ti'4o�
sra �oUx� County
SUBJECT: Amending the Subdivision Agreement (Right-of-Way Landscaping) for SD 04-08699, San
Ramon (Dougherty Valley) area. (District II1)
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2009/ %.r amending the Subdivision Agreement (Right-of-Way Landscaping) for
SD 04-08699, for project being 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 partially completed the required landscape improvements and requested a reduction of the
bonding obligation proportionate to the remaining work, which will be competed when economic conditions
improve.
CONSEQUENCES OF NEGATIVE ACTION:
The bond obligation will not be reduced and the bond rider will not be accepted.
Continued on Attachment: SIGNATURE.
RECOMMENDATION OF COUNTY ADMINISTRATOR
ECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE (S):
ACTION OF BOARD ON m ROVED AS RECUMMENDED loor OTHER
161
V70F SUPERVISORS I hereby Certify that this is a true and correct
UNANIMOUS(ABSENT �e-*J copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
BBJc
G:\EngSvc\BO\2009\0I-06\SD 04-08699 BO-I I FORM.docx
Bond No/Date:929 348 487 March 14,2005
Originator: Public Works(ES)
Contact J,LaRocque(313-2315) ATTESTED:
cc: Public Works—Construction DAVID TWA Jerk of the B rd of
Current Planning, '
Department of Conservation and Development Supervisors and County Administrator
Shapell Homes,Atm;Jim Worden
100 N.Milpitas Blvd., Milpitas,CA 95305
National Fire Insurance Company of Hartford
2355 E.Camelback Rd.Ste 500
Phoenix,A7 85016 By , Deputy
Atm:Pamela L.Stocks
Chris Low,City of San Ramon
2222 Camino Ramon,San Ramon,CA 94583
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 6, 2009 by the following vote:
AYES: Gioia, Uilkema, Piepho, Bonilla,
and Glover
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2009/46�
SUBJECT: Amending the Subdivision Agreement (Right-of-Way Landscaping) for SD 04-
08699, for project being 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)
The following substitute security to guarantee the completion of Subdivision right of way
landscape improvements as required by Title 9 of the County Ordinance Code was presented for
Board approval this date, January 6, 2009.
Security with Shapell Homes, a Division of Shapell Industries, Inc,, a Delaware Corp., as
principal in the form of a corporate surety bond rider (Bond No. 929348487) dated November
25, 2008 and issued by National Fire Insurance Company of Hartford in the amount of
$117,000.00 for faithful performance.
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 75%
♦ ANTICIPATED DATE OF COMPLETION: 2010
♦ REASON FOR AMENDMEMT: The remaining subdivision right of way landscape
improvements will be deferred until economic conditions improve.
NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement (Right-of-Way
Landscaping) approved by the Board on October 11, 2005, is hereby AMENDED to allow the
performance/maintenance bond rider for the above-mentioned corporate surety bond.
BBJc I hereby certify that this is a true and correct copy of an
O:\EnsSvov30\2009m01-06\SD 04-08699 BO-1 I FORM.docx action taken and entered on the minutes of the Board of
Bond No/Date:929 348 487 March 14,2005
Originator: Public Works(ES) Supervisors on the date Shown.
Contact: 1,LaRocque(313-2315)
cc: public Works—Construction ATTESTED: 0
Current Planning
Department of Conservation and Development DAVID TW Jerk of the oard of Supervisors and
Shapell Homes,Atm:Jim Worden
100 N.Milpitas Blvd., Milpitas,CA 95305 County Administrator
National Fire Insurance Company of Hartford
2355 E.Camclback Rd.Ste 500
Phoenix,AZ 85016
Attn:Pamela L.Stocks By , Deputy
Chris Low,City of San Ramon
2222 Camino Ramon,San Ramon,CA 94583
RESOLUTION NO. 2009/ �_
�r
CMA SURETY
Gale Ranch II,T-8699, N-5, Belvedere
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number__--_ 929 348 487 issued by the
National Fire Insurance Company of Hartford —__— - _ — - _ _ as
Surety, on behalf of Shapell Industries of Northern California, a Division of Shapell Industries, Inc. of
_Mil itas CA - ___ —_ _ , hereinafter referred
to as the Principal, and in favor of _qqqnty of Contra Costa
of Martinez, CA _- hereinafter
referred to as the Obligee, effective the 14th __-.. day of March___ 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 _ 25th day of _.-.-November —.-, _.__.-_.._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
Three Hundred Forty Six Thousand Nine Hundred No/100*** Dollars($ 346,900_00*** ) to the
sum of One Hundred Seventeen Thousand No/100***_ Dollars($ 117,000.00*** ).
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 Forty Six Thousand Nine Hundred No/100'-----.--- Dollars ($ _346 900-00' _)
or for any loss occurring subsequent to said date shall not exceed the sum of
One Hundred Seventeen Thousand No/100*** _ y _ - Dollars($ 117,000.00*** )
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 25th day of November, 2008
Accepted By:
Shapell Industries of Northern California,
County of Contra Costa A Division of Shapell Industries, Inc.
-----------
Princi al
7/ _ _
By -- — By (Seal)
}al)
By — ----- ---(Seal)
National-Fire,lnsurance Company of Hartford
Form F4763 .(Surety)/�. ��
--Gi.. •✓_ LL- - (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,ar
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 Shemian 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 Uq�l tNSUR &41,
, Continental Casualty Company
4�� °` National Fire Insurance Company of Hartford
OORPORAig n •'s .wraytro aa American Casualty Company of Reading,Pennsylvania
Z • 9 3 4
a IDLY 11,
�u SEAI. e Isot
reel Q` natt�o�° • a�'
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 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.MEDPIA ;
. warn.Sts"or/1x11• . `) /�✓ i i L• ' r l'�'�lt./
i MYy Commission E.pxt 3r16/09 i
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
25th day of November 2005
GAST 114SUR4 O. N-
Continental Casualty Company
NOS National Fire Insurance Company of Hartford
t`I
CORP o^AYe a American Casualty Company of Reading,Pennsylvania
SERI. � �t e97
Mary A. Rikafjkis 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.
r
"Article 1X—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 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 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 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 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 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 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 1h 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 Attomey-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 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 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 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."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On November 25, 2008 before me, Beverly A. Hall, Notary Public
Date Here Insert Name and Title of the Officer '
personally appeared Pamela L. Stocks
. Name(s)of Signer(s) '
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(w) is/W subscribed to the
within instrument and acknowledged to me that
K?§/she/ttiWexecuted the same in IlWher/iw*authorized
capacity, and that by Wher/theixsignature(s) on the
instrument the person(s), or the entity upon behalf of
�� - which the person(%) acted, executed the instrument.
BEVERLY A. HALL
Commission 11717%9 1 certify under PENALTY OF PERJURY under the laws
Notary Public-Coldomla of the State of California that the foregoing paragraph is
LOS Angola County true and correct.
��� Carat6 Dant O11�
WITNESS my hand and official s al.
Notary Seal Signature&fit w
Signature of Notary Public
CALIFORNIA ALUPURPOSE ACKNOVILEDGMEW
State of Cafifornia
County of SANTA CLARA
On December2, 2008 before me SMILEY K. SANDHU, NOTARY PUBLIC
DAN) Hae ftwd Varve and Title of the arca, '
personally appeared J.C.Truebridge and Ken Cox
raameis4 of Signedsl
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)4s are subscribed to the
within instrument and acknowle ged to me that
�e/st1e executed the same in ei authorized
capactly(les), and that by heeilher ei signature(s) on the
instrument the person(s), or the entity upon behalf of
SMILEY K.SANDHU which the person(s) acted, executed the instrument.
Commisslon#1573474
QMyNotary ubllo-Colitomia I certify under PENALTY OF PERJURY under the lawsSantaCaracounty of the State of California that the foregoing paragraph is
Comm.
Explre3Apr26.2 true and correct.
WITNESS my hand and official seal.
r
SignatureSoC411—'�
Place Notary Seal AboveSig/ ur Notaty% tic
OPTIONAL
Though the information below is not required bylaw it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Increase-Decrease Rider
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(fes) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Twe(s): ❑Corporate Officer—Ti11e(s):
r Partner—❑ Limited ❑General ❑Partner—❑ Limited ❑ General
01 Attorney in Fact HIMM ❑Attorney in Fad
❑ Trustee Top of thumb here 11 Trustee Top of thumb here
❑ Guardian or Cornsetvator ❑Guardian w Conservalor
i l OUner ❑Oftr:
Signer Is FAPnese IONS Signer Is Representing
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