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Home My WebLink AboutMINUTES - 03062007 - C.8 r TO: BOARD OF SUPERVISORS Contra•`�� (��' N, r +� FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR i. COSta C DATE: March 6 2007 � ti�4 O— County SUBJECT: Accept completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 03-01153 (cross-reference Subdivision 99-08306), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) SPH'IFIC RFQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION _RFCOMINI ENDATION(S): ADOPT Resolution No. 2007/ /A for Road Acceptance 03-01153 (cross-reference Subdivision 99-08306), accepting completion of improvements for Subdivision Agreement(Right-of-Way Landscaping),for project being developed by Shapell 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 acce ted and the maintenance/warranty,period will not begin. . i Continued on Attachment:s,.-' SIGNATURE: _,,,ItECOMIINIENDATION OF COUNTY ADMIN _RECOMMENDATION OF BOARD COMMITTEE L-A-PPROVE OTHER SIGNATURE(S)- '- ACTIONOF BO ON Y O APPROVED AS RECOMMENDED OTHER VO"I;�OF SUPE V ORS /t N UNAN US(ABSENT 1 072y 1 I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the LB vz ABSENT: ABSTAIN: minutes of the Board of Supervisors on the G:\GngSvc\B0'U100T03-06`•.130-45 DV(Landscaping)RA 03-1153.doc date shown. Originator: Public works(L'S) Contact: Teri Rie(313-2363) Recording to be completed by COB I D 95-2575030 cc: Public Works -P.Tehancy,M&T LabG �//�� -1.Bergeron,Mapping Div. ATTESTED: / /�� ` • --_v,* -T.Ric,Engineering Svc. T.-Januag6,2008 JOHN CULLEN, Clerk of the Board of Sheritf-Patrol Div.Commander CIIP,cloAl Supervisors and County Administrator CSAA-Cartog Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Atm:Jint Gold,Sam Wordcn,Shapell Industries of Northern C alit inia IOU N.Milpitas Blvd,Milpitas,CA 95035 Attn:Pamela Stocks,National Fire Insurance Company of Hartford By , Deputy 2355 E.Camelback Road,Suite 500,Phoenix,AL 85016 AV s< IIIIIIIIIIIIIIIIIIIIIlIIIIlIIIIIIIiIlIIIIIIIIII CONTRA COS Recorder Office cd t the request of: STEPHEN LWEIR Clerk-Recorder Contra Costa Couty DDC— 2007-006748 9-00II Board of Supcn icor' Wednesday, MAR 07 Return to: FRE 2007 10:14:25 PLAAC Works Department $0.00 Ln_ineerint;Services Division Tt l Pd $0.00 Nbr-0003624160 Ire/R9I1-8 TIIE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 6, 2007 by the following vote: AYES: Gioia, Uilkema, Bonilla, Glover and Picpho NOES: None ABSENT: None ABSTAIN: None -� RESOLUTION NO. 2007/ /SCS SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 03-01153 (cross-reference Subdivision 99-08306), for project being developed by Shapell Homes,a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District 111) These improvements are approximately located near Stoneleaf Road. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Road Acceptance 03-01153 (cross-reference Subdivision 99-08306), 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; 1.13:vz G:\LngSvc\130`2007\O3-06\BO-35 DV(Landscaping)RA 03-1153.doe Originator: PubliC Works(L'S) Contact:Teri Rie(313-2363) Recording to be Completed by COB 1.D.95-2578030 cc: Public Works 1'. 1'elianey,NIST Lab I hereby certify that this is a true and correct copy of an i.Bergeron.Mapping Div. T.Itie,Engineering action taken and entered on the minutes of the .Board of Svc. T.—January 6,'_'003 Supervisors on the date shown. Sheriff-Patrol Div.Commander Cl IP,cru At CSAR-CaCity ATTESTED: ' �� .6"'7 Chris Low,City ut San Ramon 2222 Ca»jinn Ramon.San Ramo,,CA 9.1583 JOHN CULLEN, Clerk of the Board of Supervisors and Shapell Industries of Northern California 100 N.Milpitas Blvd County Administrator Milpitas,CA 95035 Aon:Jim Gold.Sam Warden National Fire Insurance Company of I lartford 2355 E.Carnelback Road,Suite 500 Phoenix,AZ 85016 By , Deputy Aun:Pamela Stocks RESOLUTION NO.2007/ /� SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 03-01153 (cross-reference Subdivision 99-08306),for project being developed by Shapell Homes,a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District II1) DATE: March 6, 2007 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of March 6,2007 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 May 23, 2006 National Fire insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for $68,750.00, Bond No. 929270295 issued by the above surety be RETAINED for the six month lien guarantee period until September 6, 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 Ivyleaf Springs Road are ACCEPTED AS COMPLETE. Upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the landscape improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the S1,400.00 cash deposit(Auditor's Deposit Pennit No.457072,dated January 10, 2006) made by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., and the performance/maintenance surety bond rider for$20,415.00, Bond No. 929270295 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RF_SOLC/TION NO. 2007/ %APFr1,WAA5UR ET RA-03-01153 X-REF SUB 8306 INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number___-- 929 270 295 issued by the National Fire Insurance Company of Hartford...,_- —__..,-_.__ _..........- as Surety, on behalf of Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp. of Milpitas,CA __ , hereinafter referred to as the Principal, and in favor of ___-County of Contra Costa of Martinez, CA ..._.-..... _ hereinafter referred to as the Obligee, effective the 20th day of —._—_—December__. 2005 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the ..... 29th day of __---.._._..__,I. n.uary-, —2Q0.7_---_. ..-. , and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby **_DECREASED....** from the sum of One Fiu_ndre.d.Thirty._Six.Thousand One Hu.n.dred._N�14Q*"* _. Dollars($ 136,9 00.00*** ) to the sum of twenty Thousand Four Hundred Fifteen_No/100*** _._...._._ Dollars ($ 20 415.00*** ). 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 _One Hundred Thirty Six Thousand One Hundred No/100*** Dollars($ 136,100._00"**__) or for any loss occurring subsequent to said date shall not exceed the sum of Twenty Thousand Four Hundred Fifteen No/100*** Dollars ($ 20-415.00*** ). 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 ay of February. 2007 Accepted By: Shapell Homes,a Division of Shapell Industries,Inc., County of Contra C to a Delaware .orp. -- ( c I) BY 1 - _ Seal --- -- --- — ----- BY -.......--......_.. .. — - ---- ( ) By --.....---- - --(Seal) S_e Natio_ al Fl a Insurance Company of Hartford_ Form F4763 { ixeiy) 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,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 15th day of August,2006. GnS (T %%SW1q* Continental Casualty Company National Fire Insurance Company of Hartford ZW� coaPa+ATg OS� ? ��,cotwoaarFo .American Casualty Company of Reading, Pennsylvania O a JULY 11, u SEAL t Isoz 1897 9` rran�°� ` • 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 EAL- Mmss M.Y* , • Notery Public,St• of omnu•� ItNttol• • �/�/�� ;My Cion Eupit•n••3/3/1610Y : 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 1 S t day of February 2007 �,CAS�v4 1NSURq Continental Casualty Company P '�F �` National Fire Insurance Company of Hartford .oRAre ar 8r "41W04Eo American Casualty Company of Reading, Pennsylvania ov SEAL d g luj�I. s `.^� +i# Mary A.Rikafjkis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On February 1, 2007 before me. Sandy Hanner- Notary Public Oats NAME, TITLE OF OFFICER.. -JANE DOE. NOTARY PUBLIC- personally appeared Pamela L. Stocks 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(s) is/sm subscribed to the within instrument and acknowledged to me that he/she/thft executed the same in Shia/her/ftir authorized capacityyos), and that by hiadherlowu signature(b) on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE my hand a�ial seal. r.�:..; SANDY HANKER �s Commission#E 1672602 avy Notary PubW - Catwornia SIGNA RE OF NOTARY los Angeles County Comm. ,Jul 2.2010 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) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G•107426.8 �i C. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On February 2,2007, 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 the entity upon behalf of which the persons acted, executed the instrument. JANICE T.KRUSE :WITNESS my hand and official seal. .- Commission -e Notary Public-California Santa Clara County J 12k—_..... My Comm.Expires Aug 24,2009 Signature of Notary Public i Optional Information Title or Type of Document: Decrease Rider RA-03-01153,Tract 8306 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries,Inc. �l 1