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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-447 ­.­­................................................................................................................................................................................................... ................................................................................. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 17, 2004, by the following vote: AYES: SUPERVISORS UILK111A, GREEN16ERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: SUPERVISOR JOHN GIOIA ABSTAIN: NONE RESOLUTION NO-20041 447 SUBJECT: Approval ofRoad Improvement Agreement for StoneleafRoad(Round-abouts),RA 03-01152, (cross-reference Subdivision 8306), being developed by Shapell Industries,Inc., San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval for Stoneleaf Road (Round- abouts),road improvement agreement file RA 03-01152(cross-reference Subdivision 8306)property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A Road hnprovement Agreement with Shapell Industries, Inc., principal, whereby said principal agrees to complete all improvements, as required in said road improvement agreement, within one year from the date of said agreement. Improvements generally consist of road improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors originator: Public Works(ES) on the date shown. Contact Teri Ric(313-2363) J'Y:rm G,1Gtpl)ata\EngSvr.\BO\2W4\09-17-04\RA 1152 80-15.doc AUGUST 17 , 2004 cc: Public Works-T.Bell,Construction ATTESTED: Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and T—June 17,200S(PI) Shapell Industries ofNord=California County Administrator 100 N.Milpitas Blvd Milpitas,CA 95035 Attn,Steve Savage,Sam Warden National Fire Insurance Company of Hufford 5820 Canop Ave.,Suite 200 By AM& Deputy Woodland Hills,CA 91367 C Attn:Gina O-Shea RESOLUTION NO.2oov 44 7 SUBJECT: Approval of Road Improvement Agreement for Stoneleaf Road(Round-abouts), RA 03-01152, (cross-reference Subdivision 8306),being developed by Shapell Industries,Inc., San Ramon(Dougherty Valley)area. (District DATE: August 17,2004 PAGE: 2 I. Cash Bund Performance Amount: $1,500.00 Auditor's Deposit Permit No. DP 425624 Date: June 3, 2004 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 II. Surety Band Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929299748 May 26, 2004 Performance Amount: $144,000.00 Labor&Materials Amount: $72,750.00 Principal: Shapell Industries,Inc. NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. .All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/447 ..... . bW1'el i W/�-wvr7 Mhlh Wv:a'r► -:.�.-.-.-.-. .-.-.-:.. _... ..... .. ....... Cffla OF CO INIX AtIpITt R-CONTROUER r -� tHE MARTNU,CALIFORNIA10` RECEIVED FROM t CR;CwANZA•TtCiN�h�!lNl1 LL' .cj.. (Far cash CalectionNocedum we County Ad is sr min ia&a FRo;) W TASK ACTMTY A+DUW ! bD 4' 73UP .%fit !�C✓ ! '"E ! [n I f l/ _ ! ! r7 ! A. ✓ r j .7YL�.^W# f icy � f�j y J /) "PLANATIOR TOTAL DEPIOSIT - f711 93 of the COIN and CURRENCY �e } r rT, ` mw MOWS $ t������ c FOR AIRS OR-CONtROLLER USE ONLY t-17 r •j/ #J� y/ I try �'�`} t''1/C.fi i! €1'1�'t t �r�'"' ti�"I��;'l f i.✓ POSIT PERMff NUM9442569 MR 3W DATE r; "' 1: '46 e.", `'SIL%,4j1 - ASStCrt+lEl7 The MTKKMt of Money&sorbed above is far Tnsammesmom*of above amouttis appmvedxeipt of above amount is hereby d wo*eft the County Treeraur}r ' K, AsLf E7CT.3 —7�:3 Deputy County Auaifar � Deputy County Tre assu►er. D-34#EV.(7-93). 819800-osoo, C1139140, $1�, 'RA1152 Cash Bond, Shaped Industries of Northern California, 100 N. Milpitas Blvd., Milpitas CA 9503'5 COUNTY,- -v CONTRA COSTA - GENEIVA"I RECEIPT I THIS COPY IS G1 ! 3 9 l DEPT: LIE ,2000 NOT A RECEIPT 1 DOLLARS$ FOR � I� 'T Y�J,, }��1'�,1�'f�lk" ��.�� ��..•'v k.�t�,P i 1,1r`'� i'��.�tt- t�<�`j1 j 1 it`. t il.' (" . u� 1 1 t' ..v� .i.+ —Utc�'i� _ `'�(�; (I"�. tlfi. ACCT. CASH BAL. RECEIVED FROM CHECKPAID #I OU MONEY SAL. ORDER DUE 1 r, 'a � r fr' -t J r 1 + (M REV.7189) ��� - Bond No.: 929 299 748 Development: RA 1152 Round-Abouts CX-REF.SUB 83081 Gals Ranch EU Premium: $1,080.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT A,GR eEMENT (Performance,Guarantee,and Payment) (California Government Code§§66499-66499.10) 1. REcITAT..OF ROAD IMPROVEMENT AGRI£EM NT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on,or along_ RA X152 Stoneleaf Road to complete said work within the time specified for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings. 2. 013LIGATION: ShWelll Ludustries,Inc. ,as Principal and National t=tre tnLA ncs company of Hartford .a corporation organized under the laws of the State of GT , and authorized to transact surety business in California, as Surety, hereby ,jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows. A. Performance: Qne Hundred Forty Four Thousand Dollars ($144,0114;1 for itself or any city assignee under the above County Road.bmr6vernent Agreement,plus B, Payment: _ Stvenft Two Thousand Seven Hundred Dfty Dollars ($ 72,750.) to secure the claims to which reference is made in Title 15§§et seq.of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A)above is such that if the above bonded Principal, or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided on it or its part, to be-kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa or city assignee,its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa ur city assigiaec,in successfully enforcing sucli obligatiun,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.13.) above, is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or cityassignee,in successfully enforcing such obligation,to be awarded and fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims underTitle 15(commencing with Section 3082 of Part 4 of Division 3) of the Civil Cade of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. C. No alteration of said Road Improvement,Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without further notice to or consent by the Surety and the Surety hereby waives the provisions of California Civil Code Section 281:9 and holds itself bound without regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on May 26, 2044 PRINCIPAL; Shapeli Industries, Inc. SURETY: National Fire Insurance Company of Hartford Address: 100 N.Milpitas Blvd. _ Address: 5820 Canoga Avenue,Suite 200 City: Milpitas,CA 95035 City: 'Woodiand Hills,CA 91367 Print Name: , , /r-1 t' r <P i545 Print Name: Gina a'shaa Title: Title: Attorney-in-Fact By: Print Name: e4r�. G�IV. Title: te?.. :TRW PWa1Bn SVOSl Vaioak Raouh Phase 71RA 1152-Swn*JaaPRd\RA1152(Rouad-Abuuts)Bond Agmuwot.doc POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Merl By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut 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 Hull,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-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 thein 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 Attomey 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 16th day of April,2004. Continental Casualty Company C�►s a National Fire Insurance Company of Hartford M� ' �.w rro American Casualty Company of Reading,Pennsylvania SEAL ' t. Michael Gengler Seni Vice President State of Illinois,County of Cook,ss: On this 15th day of April,2004,Before me personally came Michael Gengler 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,a Connecticut corporation,and American Casualty Company of Reading„Pennsylvania,a Pennsylvania corporation described in and which executed the alcove 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 i HI.tZA PRtOE ~ NGTAOd PUtlUO.tlfA7Q OF1441NOY1{ My Commission Expires September 17,2006 liza Price Notary Public CERTIFICATE 1,Mary A.Ribikawskis Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut 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 naive and affixed the seal of the said corporations this 26th day of May 2004 Continental Casualty Company National Fire Insurance Company of Hartford + a American Casualty Company of Reading,Pennsylvania SEAT ty9i Mary A. ika is Assistant Secretary Form F6853-1112001 .......... .............................. .......-..... ...........----...... 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 (imitations 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'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 an,y 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 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 scaled 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 Resolution duly adopteron February 17,1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attomey-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any 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`i'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 adoptqd 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 seat 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." ................ ....... State of CALIFORNIA County of LOS ANGELES On May 26, 2004 before me, Sandy Hanner- Notary Public Date NAME, TITLE OF OFFICER- -PANE DOE, NOTARY PUBLIC" personally appeared Gina O'Shea NAME($)OF SIGNERS) (2L) personally known to me-OR -(—)proved to me on the basis of satisfactory evidence to be the person(&) whose name(o is/jtrmubscrlbed to the within instrument and acknowledged to me that Wshe%ItiEtyr executed the same in hWher/*n lc authorized capacitypes, and that by 1 /herd signature(&)on the instrument the person(S), or the entity upon behalf of which the person(3x) acted, executed the instrument. 4 " SANDY � WITNESS y Ind7.!!!c ial �' commission#13821�57� -, Notary Public-Calibmia SKiAtATU t OF NOTARY Los Angetns County My Comm.Eras Jul 2,20OG OPTIONAL Though the data below Is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this farm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT { } INDIVIDUAL (.. .} CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (...} PARTNER(S) (_ .j LIMITED GENERAL ( } ATTORNEY-IN-FACT NUMBER OF PAGES ( ) TRUSTEE(S) ( } GUARDIANICONSERVATOR 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-107428.8 NOTICE In accordance with the Terrorism Risk.Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the "Writing Companies identified below is the surety or insurer. To principals on bands and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American. Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCIL05URE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). I C SURE OF ELt PAR11CIPAXTION IN EAn—%N—T OF TERRORISM The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Farm F7310 CAL iFO RMIA ALUPURPO!SE ACKNOWLEDGMENT State of California {{ County of SmAa Q— t�' fa ss. } On M 3A T;�-U-6'� before me, S O O V e1$J V(M C , Date Name d TWO at { jarle •N t O Public") personally appeared Nom(a)OP Signer(a) Apersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s). a subscribed to the within instaunent and SARON SAVOY acknowledged to me th he xecuted Commission*1445141 the same in het authorized .r; INokuy Public-CadftnVa capacity(ies), and that by hisA ffle Santa Clara County signature(s)on the instrument the persons, or My Comm'Expir"Oct 18,2W7 the entity upon behalf of which the person(s) acted, executed the instrument. Wl my hand a tial seal, AIN OPTIONAL Though the information below is not required by taw,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: Document Hate: !Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: ❑ Individual Top of th mb here ❑ Corporate Officer—Title(s): Partner—El limited ❑General ❑ Attorney-in-Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 0 9999 Netkmal Notary Association•9856 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.ne0onsinotary.org Prod.No.5907 Reorder:Cali TdWree 1.800-876.6827 Ar TO: BOARD OF SUPERVISORS 0 FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: August 17, 20104 SUBJECT: Approving Road Improvement Agreement for Stoneleaf Road(Round-abouts), RA 03-01152 (cross-reference Subdivision 8306). SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 20041 447 for RA 03-01152 (cross-reference Subdivision 8306), Approving Road Improvement Agreement for Stoneleaf Road (Round-abouts), being developed by Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKOROUNDIREASON(S)FOR RECOMMENDATION(S): The developer, Shapell Industries, Inc., proposes to build Round-about traffic elements as shown on the Vesting Tentative Map for Subdivision 8306(Gale Ranch Phase III). CONSEQUENCES OF NEGATIVE ACTION: Round-about traffic elements could not be built. Continued on Attachment:_ SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNAT E S ACTION OF BO ON AUGUST 17, 2004 APPROVED AS RECOMMENDED X OTHER I 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 VOTE OF SUPERVISORS date shown. x x UNANIMOUS(ABSENT DISTRICT I) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: AUGUST 17 , 2004 JOHN SWEETEN, Clerk of the Board of GAGipDaWEngSvdlBO\2004108.IMARA 1152 BO-15 Order.doc Oris.Div: Public Works(8S) Supervisors and County Administrator Contact Teri Ric(313-2353) cc: Public Works- T.Bell,Construction Current Planning,Community Developtnent T—Sane 17,2005(Pl) Shapell lndtwtriesa of Northern California, a division of Shapell Industries,Inc. D PYt 100 North Milpitas Blvd. By—, 5 Deputy Milpitas,CA 95035 A=Steve Savage,Sam Woreden National Fire Insurance Compmy of Hartford 5820 Canoga Ave,,Suite 200 Woodland Hills,CA 91367 Attn:Crim O'Shea