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HomeMy WebLinkAboutAGENDA - 06122007 - C.4 .TO: BOARD OF SUPERVISORS Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: June 12, 2007 County SUBJECT: Accept completion of landscape improvements for Subdivision Agreement(Right-of-Way Landscaping) for Road Acceptance 06-01218 (cross-reference Subdivision 04-08847), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ 3o5 for Road Acceptance 06-01218 (cross-reference Subdivision 04-08847), accepting completion of improvements for Subdivision Agreement(Right-of-Way Landscaping), for project being developed by Shape]] Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer, Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., has completed the landscape improvements per the Subdivision Agreement(Right of Way Landscaping), and in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be accepted and the maintenance/warranty period will not begin. Continued on Attachment: SIGNATURE: _ ECOMN,IENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE L,,<, PPR0VE OTHER SIGMA-PURE S ACTION OF BOAAIJ ON /02 APPROVED AS RECOMMENDED OTHER VO`[;I✓OF SUPER SORS I/ UNANIMOUS(.AaSEN-r ) 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 cz G.`.EngSvc\BO`.2007\06-05\It0-45 DV(Landscaping)RA 06-1218 doc date shown. Originator: Public Works(17S) Contact: Teri Rie(313-2363) I.D.95-1578030 cc: Public Works -P.Tehancy.MST Lab -1.Bergeron,Mapping Div. ATTESTED: � -T.lie,Engineering Svc. -T.—April 5,^_008 Sheriff-Parol Div.Comrnander JOHN CULLE , Clerk of the Board of CI IP.do Al CSAA—Catog Supervisors and County Administrator Chris Low,City of Sar Ramon 2222 Camino Ra ion,San Ranon,CA 94583 Jim Gold/Sam 11'orden,Shapell Homes,a Division of Shapell Industries,Inc. 100 N.Milpitas Blvd, Milpitas,CA 95035 Pamela Stocks,National fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500.Phoenix,AZ 85016 By Y , Deputy =�IIIIIIIIIIIIII . . co IIIIIIIIIIIIIIIIII NTRA COSTA Co IIIIIIIIIIIIIIIII STEPHEN L, WEIR Recorder Office Recorded at the request of: 00C. 2UEIR _ eerrk-Recorder Contra Costa Count Board ol'Supmisors Check Number 172061_00 tteturn to: Wednesday, JU Public Works Department FRE $0.00; ; N 13, 2007 11 Engineering Services Division Tt1 Pd as:2a Nbr-0003146056 -- rrc/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 12, 2007 by the following vote: AYES: SUPERVISORS GIOIA, BONILLA ,GLOVER,PIEPHO NO: NONE ABSENT: SUPERVISOR UILKEMA ABSTAIN: NONE RESOLUTION NO. 2007/ 3og' SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 06-01218 (cross-reference Subdivision 04-08847), for project being developed by Shapell Homes,a Division of Shapell industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Creekview Place. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Road Acceptance 06-01218 (cross-reference Subdivision 04-08847), 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; 'f R:vz G:•,EngSvc\BO`2007`•.06-05\130-45 DV(Landscaping)RA 06-1218.doc Originator: Public Works(ES) Contact:"fieri Rie(313-2363) Recording to be completed by COB I.D.95-2578030 cc: Public Works 11.Tchaney,M&T Lab I hereby certify that this is a true and correct copy of an -I.Bergeron.Eng Mapping c. action taken and entered on the minutes of the Board of -"f.Ric,Engineering Svc. -T.—April 5,2008 Supervisors on the date shown. Sheriff-Patrol Div.Commander Cl IP,c/o At CSAA—Cartog /�/ Chris Lok',City of San Ramon ATTESTED: 2222 Camino Ranson,San Ramon.CA 94583 JOHN CULLS , Clerk of the Board of Supervisors and Shapell Hooses,a Division of Shapell Industries,Inc. 100 N.Milpitas Blvd County Administrator Milpitas,CA 95035 Attn:Jim Gold/Sam Worden National Fire Insurance Company of Hanford 2355 E.Cansclback Road,Suite 500 Phoenix.Az 85016 By , .Deputy Attn:Panscla Stocks RESOLUTION NO.2007/ �5 SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 06-01218 (cross-reference Subdivision 04-08847),for project being developed by Shapell Homes,a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) DATE: June 12, 2007 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of June 12,2007 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 SURETY September 12, 2006 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials)surety for$3,100.00,Bond No. 929270309 issued by the above surety be RETAINED for the six month lien guarantee period until December 12, 2007, 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-of-Way Landscaping improvements on Casablanca Street are ACCEPTED AS COMPLETE. Upon completion of the warranty and maintenance period, the Wendt Ranch Homeowners Association shall accept the landscape improvements for maintenance. B E IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$1,000.00 cash deposit(Auditor's Deposit Permit No. 459659,dated February 28, 2006) made by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., and the performance/maintenance surety bond rider for $1,000.00, Bond No. 929270309 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2007/%-�6` '11FNA SURETY Wendt Ranch Phase III RA-06-01218 INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 270 309 issued by the National Fire Insurance Company of Hartford as Surety; on behalf of Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. of Milpitas;CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez. CA hereinafter referred to as the Obligee, effective the 7th day of February 2006 IN CONSIDERATION of the premium charged for the attached.bond and other good.and valuable consideration it is understood and agreed that effective the. 19th day of April 2007 and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby "DECREASED' from the sum of Five Thousand Two Hundred and No/100— _ _ Dollars($ 5,200.00— ),to the sum of One Thousand and No/100— Dollars($1,000.00— ) IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surety.for any loss occurring prior to said date shall not exceed the sum of Five Thousand Two Hundred and No/100— Dollars($ '5,200.00"' ) or for any loss occurring subsequent to said date shall not exceed the sum of One Thousand and No/100"' Dollars($1.000.00'"' ). 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 10th day of May. 2007 Accepted By: Shapell Homes, a Division of Shapell Industries, Inc., A Delaware Corp. (Principal) _ t/ By By �(Sea[) 97 By (Seal) KC�nColC, 145St Sccret�r'7 National Fire Insurance Company of Hartford Form F4763 ZUJAt By (Seal) Gina O'Shea, Attorney-in-Fact (\\\'VWV.'V/�VNV/VJ� ✓M///N.N/�N��V ./WV/'W/W/�y Z CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On May 11, 2007 before me,Janice T. Kruse,Notary Public personally appeared, J.C. Truebridge& Ken Cox personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons, or ? the entity upon behalf of which the persons acted, executed the instrument. JANICE I KRUSE ESS m hand and cial seal. C� Comission# 1597428 ;�` y OMVN:t:ry Public-Californiaanta ClaraCountymm.EXOMAug24,2W 7SigntureNotary Public Optional Information S Title or Type of Document: Decrease Rider- RA-0601218 - Wendt Ranch Phase III Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of Shaaell Industries, Inc. S s �,n,.n,v�nn^Nwi�;�n'�n„ �i�^Jv.,'��^^N,��.-wn,nn„ ✓N,. ,n,.nn,.,Jwn,.nn;�n,.nN State of California County of Los Angeles On May 10, 2007 before me. Beverly A. Hall-Notary Public Oats NAME. TITLE OF OFFICER.. 'JANE OOE. NOTARY PUBLIC' personally appeared Gina O'Shea 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( is/xw subscribed to the within instrument and acknowledged to me that ke/she/tom executed the same in fs/her/*a*authorized capacity(iw), and that by k is/her/*Wr signature(s) on the instrument the person(S), or the entity upon behalf of which the person(s) acted, executed the instrument. OMRLY A. wut . WITN SS my hand and official al. Commission i 1717909 Notary Public -Catlfomla Los AngNsa County SIGNATURE NOTARY Corf,rt►B YitJon 16 2011 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the documen 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(S) (—) GUARDIAN/CONSERVATOR (_} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Nntinnni Fire lnsuamrs Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426-IB 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 s.gnatures 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 I Rh day of August,2006. GA`SW�r twsuR4 Continental Casualty Company National Fire Insurance Company of Hartford ' GWOR"Tf. S.r�pp10�ro American Casualty Company of Reading,Pennsylvania O 2 a JULY 11. v SEAL `C e 1802 1897 det� 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 swom,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 Companyof 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.MEOM • Nwry Punk,SUN of Ono* • ` w My Cwms@ME*M3f15= 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 10t2l day of May 2007 cA'S %%suR4 � Continental Casualty Company National Fite Insurance Company of Hartford F c�iPORATr 3�wca"°wrFo American Casualty Company of Reading,Pennsylvania Z NLN 31. {. Ou SEAL . � eISR 1897 11A1��" • Mary A.R�ikafjkis Assistant Secretary Form F6853-11/2001 I j Authorizing By-Laws and Resolutions I _ ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: ' 4 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 I Company. i "Article IX—Execution of Documents Section 3. 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 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 I 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 i 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." i jThis 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's day of February,1993. I "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." I . . ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: . I jThis 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 jPresident 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 President or any Executive,Senior or Group Vice President 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°i 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 V1I--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 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 17"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 facsimjle 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."