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HomeMy WebLinkAboutMINUTES - 06202006 - C.15 ej� TO: BOARD OF SUPERVISORS �� - � Contra FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR o; -� 's Costa DATE: June 20, 2006 County srA-co"vK c; SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Subdivision 04-08699, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/%5W for Subdivision 04-08699, accepting completion of warranty period and release of cash deposit for faithful performance, for project being developed by Shapell Homes, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The improvements have met the guarantee performance standards for the warranty period following completion and acceptance of improvements. CONSEQUENCES OF NEGATIVE ACTION: Developer will not receive a refund of their cash deposit or have their performance surety bond exonerated. Continued on Attachtnent:_L,�SIGNATURE: /RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE :2A'PPROVE --,OTHER SIGNATURES ACTIONOFBOA,JON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS �/- UNANIMOUS(ABSENT "p-0 d--• ) 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 date shown. TR:kg Z:\GrpData\EngSvc\BO\2006\06-20\SD 04-08699 BO-60.doc Originator: Public Works(ES) Contact: T.Ric(313-2363) ATTESTED: .Zu e&e I.D.95-2578030 CC: Public Works -M.Valdez,M&T Lab JOHN CULLEN, Clerk of the Board of -A.Bell,Construction T.Rie,Engineering Services Supervisors and County Administrator Current Planning,Community Development Shapell Homes 100 N.Milpitas Blvd. Milpitas,CA 95035 By ,Deputy ATTN: S.Savage&S.Worden Nat'l Fire Insurance Co.of Hartford 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 91367 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 20, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None -- RESOLUTION NO. 2006/ 3�8 SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Subdivision 04-08699, San Ramon(Dougherty Valley)area. (District On June 21,2005,this Board resolved that the improvements in Subdivision 04-08699 were completed as provided in the Subdivision Agreement with Shapell Homes and now on the recommendation of the Public Works Director; 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 $27,500.00 cash deposit (Auditor's Deposit Permit No. 430054, dated August 23, 2004) plus interest to Shapell Homes in accordance with Government Code Section 53079 (if appropriate), Ordinance Code Section 94-4.406, and the subdivision agreement. BE IT FURTHER RESOLVED that upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the civil improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the warranty period has been completed by the developer,except for the minor concrete work. The Subdivision Agreement and surety bond rider, Bond No. 929 299 756, for $41,250.00 shall remain in effect until the minor concrete work is completed and released from this Board. TR:kg I hereby certify that this is a true and correct copy of an Z:\GrpData\EngSvc\BO\2006\06-20\SD 04-08699 BO-60.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: T.Rie(313-2363) I.D.95-2578030 cc: Public Works M.Valdez,M&T Lab -A.Bell,Construction ATTESTED: L4' y7 C'' o� 0240 6 -T.Rie,Engineering Services i Current Planning,Community Development JOHN CULLEN, Clerk of the Board of Supervisors and Shapell Homes 100 N.Milpitas Blvd. County Administrator Milpitas,CA 95035 ATTN: S.Savage&S.Worden Nat'l Fire Insurance Co.of Hartford 5820 Canoga Ave.,Suite 200 By ,Deputy Woodland Hills,CA 91367 RESOLUTION NO.2006/`r*04? CMASURETY Tract 8699, N-5, Coronado INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 299 756 issued by the National Fire Insurance Company of Hartford _ as Surety, on behalf of Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp. of Mil ip tas�CA hereinafter referred to as the Principal, and in favor of --99-unof Contra Costa of Martinez, CA _ hereinafter referred to as the Obligee, effective the 23rd day of July 2004, IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 20th day of June 2006, and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby _*.`DECREASED** _--- from the sum of Four Hundred Seven Thousand Nine Hundred Ten No/100*** Dollars($ 407,910.00*** ),to the Fort One Thousand Two Hundred Fifty No/100*** _ ) sum of y y Dollars ($ 41.250.00*** 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 _Four Hundred Seven Thousand Nine Hundred Ten No/100*** Dollars ($407,910.00*** _) or for any loss occurring subsequent to said date shall not exceed the sum of Forty One Thousand Two Hundred Fifty No/100*** Dollars ($41,250.00*** ), 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 1st day of June, 2006 Accepted By. Shapell Industries of Northern California, a Division _County of Cont_Cost i_ of Shapell Industries, Inc., a Delaware Corp. (Principal) By -- - — By 11 -- — (Seal) lov" By (Seal) National Fire Insurance Company of Hartford Form F4763 r ty) By 6 _ _-- __-- (Seal) Gina O'Shea, 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. Cu1�r tMSURq Continental Casualty Company 'tEF ®r""-�ti,Nw National Fire Insurance Company of Hartford a��+re b American Casualty Company of Reading,Pennsylvania OU SAj 1897' FIAR� 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'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 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.MEDINII • Notary Public,st a of whnois • l`^" i My coamssion Ewk"3/16106: 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 1St day of June , 2006 GASuAContinental Casualty Company 3'.0 �T!~ �xweq,�� t. e` National Fire Insurance Company of Hartford GWORAre 0 �v�a"ORarro �g American Casualty Company of Reading,Pennsylvania H • D $ AULY 71. OV SEAL g 1897 ►1an� Mary A.Rtbikai@kis 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 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 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 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'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 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 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 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 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 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 17d 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." State of California County of Los Angeles On June 1, 2006 before me, Sandy Hanner-Notary Public Date NAME, TITLE OF OFFICER.. "JANE DOE. 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( ishede subscribed to the within instrument and acknowledged to me that 1®e/she/tom( executed the same in fte/her/ft*authorized capacity0s), and that by best/her/otxs r signature) on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. SANDY HANNER WITNESS y hand and offici I. Commission#1362157 Notary Public-Calffornia 1 Los Angeles County O SIGNATURE OF NOTARY My Comm.Expires Jul 2,,2006 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 ( ATTORNEY-IN-FACT ATTORNEIN-FACT NUMBER OF PAGES (_) TRUSTEE(S) (—) GUARDIAN/CONSERVATOR (_..) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Nafjnnnl Fjrp Inciiranre CaLnpany of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426-8 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On June 2, 2006 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 T KRUSE� Commission#F 1597426 WITNESS my hand and official seal. Notary PubliC-Colitomio Santa Clam County My Comm.Expires Aug 24.2 J, Si nature of Notary Public Optional Information Title or Type of Document: Decrease Rider Tract 8699,N-5 Coronado Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of Shapell Industries,Inc.