HomeMy WebLinkAboutMINUTES - 06202006 - C.16 TO: BOARD OF SUPERVISORS ? �`� Contra
FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTORCosta
o, «�riairaN,, z
DATE: June 20, 2006 °°-- -- - `� Count
ST'4_COUNT y
SUBJECT: Accepting completion of improvements, Subdivision 04-08700, San Ramon (Dougherty Valley)
area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2006/ for Subdivision 04-08700,accepting completion of improvements,for project
being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, 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 Corporation,has completed the
subdivision improvements per the Subdivision Agreement, 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 warranty period will not begin.
Continued on Attachment: i,� SIGNATURE: &LA,, �
COMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES .
ACTION OF BOAO ON i APPROVED AS RECOMMENDED OTHER
VVE OF SUPEVISORS
UNANIMOUS(ABSENT ��'` )
AYES: NOES: I hereby certify that this is a true and correct
ABSENT: ABSTAIN: copy of an action taken and entered on the
minutes of the Board of Supervisors on the
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Z:\OrpData\EngSvc\BO\2006\06-20\SD 04-08700 B045 DV.doc date shown.
Originator. Public Works(ES)
Contact: Teri Rie(313-2363)
Recording to be completed by COB
I.D.95-2578030 //' —,w
cc: Public Works -A.Bell,Construction
P.Tehaney,M&T Lab ATTESTED: V�vv v inGN �r,
-
I.Bergeron,Mapping Div.
T.Rie,Engineering Svc. JOHN CULLEN, Clerk of the Board of
-
-T.—April 20,2007
Sheriff-Patrol Div.Commander Supervisors and County Administrator
CHP,do Al
CSAA—Cartog
Chris Low,City of San Ramon
2222 Camino Ramon San Ramon,CA 94583
Shapell Homes
100 N.Milpitas Blvd. By ,Deputy
Milpitas,CA 95035 ir
ATTN: S.Savage&S.Worden
Nat'l Fire Insurance Co.of Hartfordm
2355 E.Caelback Rd.,Suite 500
ffice
Recorded at the request of: CONTRA COSTA Co RecordeRe4
STEPHEN L, WEIR, Clerkorder
Contra Costa County
Board of Supervisors DOC— 2006-0196526-00
Return to: Wednesday, JUN 21, 2006 11:07:22
Public Works Department FRE $0.00
Engineering Services Division Tt 1 Pd $0,00 Nbr-0003292212
Irc/R9/1-8
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/
SUBJECT: Accepting completion of improvements, Subdivision 04-08700, for project being
developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware
Corporation San Ramon(Dougherty Valley) area. (District III)
These improvements are approximately located near South Wedgewood Road.
The Public Works Director has notified this Board that the improvements in Subdivision 04-
08700 have been completed as provided in the Subdivision Agreement with Shapell Industries of
Northern California, a Division of Shapell Industries, Inc., a Delaware Corporation, heretofore
approved by this Board in conjunction with the filing of the Subdivision Map.
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Z:\GpData\EngSvc\BO\2006\06-20\SD 04-08700 BO-45 DV.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of
Recording to be completed by COB
I.D.95-2578030 Supervisors on the date shown.
cc: Public Works A.Bell,Construction
P.Tehaney,M&T Lab g
I.Bergeron,Mapping Div. ATTESTED: G`V7 e/ P60', oe-00,`
T.Rie,Engineering Svc. JOHN CULLEN, Clerk of the Board of Supervisors and
-T.—April 20,2007 p
Sheriff-Patrol Div.Commander County Administrator
CHP,c/o Al
CSAA—Cartog
Chris Low,City of San Ramon
2222 Camino Ramon San Ramon,CA 94583 By , Deputy
Shapell Homes
100 N.Milpitas Blvd.
Milpitas,CA 95035
ATTN: S.Savage&S.Worden
Nat'l Fire Insurance Co.of Hartford
2355 E.Camelback Rd.,Suite 500
Phoenix,AZ 85015
ATTN: M.LaLonde&P.Stock
RESOLUTION NO.2006/ ��
SUBJECT: Accepting completion of improvements, Subdivision 04-08700, San Ramon
(Dougherty Valley) area. (District III)
DATE: June 20, 2006
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of June 20,2006 thereby establishing the six-month terminal period for the filing of liens in case
of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF SURETY
November 15, 2005 National Fire Insurance Company of
Hartford
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,077,500.00,
Bond No. 929 348 515 issued by the above surety be RETAINED for the six month lien guarantee
period until December 20,2006,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 Lucy Lane, Rashelle Way, Rashelle Court, and
Whetstone Way for the hereinafter described public roads,as shown and dedicated for public use on
the Final Map of Subdivision 04-08700 filed November 22, 2005, in Book 485 of final maps at
Pages 42-56, Official Records of Contra Costa County, State of California, are ACCEPTED AS
COMPLETE.
Road Name Road-R/W Widths Lengths(Miles)
Lucy Lane 36'/56' .034
Rashelle Way 36'/56' .10
Rashelle Court 36'/56' .05
Whetstone Way 36'/56' .09
Upon acceptance by the Board of Supervisors,the developer,Shapell Homes,a Division
of Shapell Industries,Inc.,a Delaware Corporation,shall retain the subdivision improvements for
maintenance and ownership during the warranty period.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$21,600.00 cash deposit(Auditor's Deposit Permit No.450512,dated August
31,2005)made by Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corporation,
and the performance/maintenance surety bond rider for$320,010.00,Bond No.929 348 515 issued
by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of
Section 94-4.406 of the Ordinance Code until release by this Board.
All deposit permits are on file with the Public Works Department.
RESOL UTION NO. 2005/000Y
CKWASURETY Tract 8700 N-13,Gale Ranch II
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 929.348515 issued by the
National Fire Insurance Company of Hartford as
Surety, on behalf of Shapell Homes,A Division of Shapell.lndutries,Inc a Delaware Corporation of
Milpitas, CA hereinafter referred
to as the Principal, and in favor of County of Contra Costa
of Martinez, CA hereinafter
referred to as the Obligee, effective the 15th day of August 2005
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 23rd day of May 2006 , and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby **DECREASED** _ from the sum of
Two Million One Hundred Thirty Three Thousand Four Hundred No/100"' Dollars($?X3444.00"` ),to the
sum ofShree-Hundr�TwentvJhusand_T_en_do/100"' Dollars ($ 32o.olo.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 Two Million One Hundred Thirty Three Thousand Four Hundred No/100"' Dollars ($ 2,133,400.00—
or
133,400.00""or for any loss occurring subsequent to said date shall not exceed the sum of
Three Hundred Twenty Thousand Ten No/100"' Dollars ($ 320.010.00"` ).
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 24th day of May, 2006
Accepted By:
Shapell Homes,a Division of Shapell IndusVies,Inc.,
County of Contr osta , _ a Delaware Corporation
N (Principal)
BY '` — BY (Seal)
cv� Cod I�SS} S«
By (Seal)
National Fire Insurance Company of Hartford
Form F4763 /1 y)
BY --�� ��— .. (Seal)
Gina O'Shea Attorney-in-Fact
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All MeL: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.
oASS LMSURq Continental Casualty Company
National Fire Insurance Company of Hartford
r"Po"Tf 0 ���WC��4Tf� � American Casualty Company of Reading, Pennsylvania
? g .
Z y s IDLY 7t
Ov SEAL
1897 IIARrf •
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 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' ;
Notary Public,State of__1
MARIA M.MEOW j '1/.[ /�,•1 �/^/1 l\Y^I�_L
�My CanMuian Expiw 311 SAW
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
24th day of May 2006
CAS WSUBq Continental Casualty Company
National Fire Insurance Company of Hartford
cORPOPATf S�w�a"ORaTfo American Casualty Company of Reading, Pennsylvania
s JULY 11,
�u SEAL
1991 HAR •
Mary A.R(bikai@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-4xecution 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 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`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 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."
State of California
County of Los Angeles
On May 24,2006 before me, Sandy Hanner-Notary Public
Oats 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(a) i0m subscribed to the within instrument and acknowledged to me that
ke/she/tf( executed the same in)hms/her/*r*authorized capacity(iw), and that by Itis/her/thaw
signature(7s) on the instrument the person(S), or the entity upon behalf of which the person(s) acted,
executed the instrument.
SANDY HANNER WITNES my hand and o ' ' seal.
OMY
Commission#1362157
Notary Public-California SIGNA URE OF NOTARY
Los Angeles County
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
(.j INDIVIDUAL
(_) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
(_) PARTNER(S) (_) LIMITED
(_) GENERAL
NUMBER OF PAGES
ATTORNEY-IN-FACT
(_)
TRUSTEE(S)
(_) GUARDIAN/CONSERVATOR
(_) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Natinnal Fire Insuranre Company of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
(3107426.9
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
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State of California
County of Santa Clara
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' On May 25,2006, before me, Janice T. Kruse,Notary Public personally appeared
Robert D. Moore and Ken Cox known to me to be the persons whose name 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 persons or ss
the entity upon behalf of which the persons acted, executed the instrument.
J1wICE T.KRUSE WITNESS m hand and official seal.
Commission#
1597428
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�; Notary PubUc-Caworrva
Santa Clara County
410mv Comm.Exphes Aug 24.2004 __ >>
Signature of Notary Public
s
s Optional Information
Title or Type of Document: Decrease Rider Tract 8700 N-13, Gale Ranch II >
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
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s, Shanell Industries,Inc.
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