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Home My WebLink AboutMINUTES - 03062007 - C.09 TO: BOARD OF SUPERVISORS �`'�=�, ', �'`:. Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR . . ....,'a Costa C DATE: March 6, 2007 County SUBJECT: Accept completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 03-01156 (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) SPECIFIC REQUEST(S)ORAECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ for Road Acceptance 03-01156 (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 accepted and the maintenance/warrant p riod will not begin. Continued on Attachment: SIGNATURE: _VIIECONIMENDATION OF COUNTY ADMI _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES : L ACTION OF BO/AVD ON RiY D APPROVED AS RECOMMENDED OTHER VOXOF SUPE SORS ✓✓ UNANI OUS(ABSENT o�t�) 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 LB:vz G.\EngSvc\BO\2007\03-06\BO-45 DV(Landscaping)RA 03-1156.doc date shown. Originator: Public Works(ES) Contact: Teri Ric(313-2363) I.D.95-2578030 cc: Public Works -P.Tehancy,M&T Lab -1.Bergeron,Mapping Div. -T.Rie,Engineering Svc. A T T E S T E D: -T.—January 6,2008 Sheriff-Patrol Div.Commander JOHN CULLEN, Clerk of the Board of CLIP,c/o Al CSAA—Cartog Supervisors and County Administrator Chris Low,City of San Ramon 2222 Camino Ramon.San Ramon,CA 94583 MtnJim Gold,Sam Worden.Shapell Industries of Northern California 100 N.Milpitas Blvd, Milpitas,CA 95035 Attn:Pamela Stocks,National Fire Insurance Company of Hanford 2355 E.Cantelback Road,Suite 500,Phoenix,AZ 85016 By , Deputy - CONTRA COSTA Co Recorder Office Recorded it the request of: STEPHEN L. WEIR Clerk-Recorder Contra 1'SU1 rV1's0 s DDC— 20017-0067490-00 L3oard ul Supcn�isors Return to: Wednesday, MAR 07, 2007 10:14:32 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0.0@ Nbr-0003624161 Ire/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 6, 2007 by the following vote: AYES: Gioia. Uilkema; Bonilla, clover and Piepho NOES: None ABSENT: None ABS'rAIN: None - - RESOLUTION NO. 2007/ ��lo SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 03-01156 (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) 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 03-01156 (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; L13 v7. G:••FogSvc'•.13U'•200T.03-06`••[30-�5 DV(Landscaping)RA 03-1156.doc Originator: Public Works(ES) Contact:'Ied Ric(313-3363) Recording to be completed by COB I.D.95-2578030 cc: Public Works 1'.Tehancy,NU-T Lab I hereby certify that this is a true and corTect copy of an 1.Bergeron,Mapping Div. T.Rie,Engineering Svc. action taken and entered on the minutes of the Board of T.-January 6,2008 Supervisors on the date shown. Shcrif ilatrol Div.Commander CI IP,c/o AI iSAA-CaCity ATTESTED: �d.Y� moo, Chris Low,City of San Ramon Camino Ramon.San Ramon,CA 94583 Shapell IndtcstriesofNorlhcmC:aliComia JOHN CULLEN, Clerk of the Board of Supervisors and 100 N.Milpitas 13Ivd County Administrator Milpitas,CA 95035 Attn:Jim Gold,Sam Worden National Fire insurance Company oCHarttnrd 2355 E.C amelback Road,Suite 500 Phoenix..AZ 35016 By , Deputy Atln:Pamela Stucks RESOLUTION NO.2007/ ��o SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 03-01156 (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 I1I) 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 578,150.00, Bond No. 929270294 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 Golden Bay Avenue 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. B E IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$1,600.00 cash deposit(Auditor's Deposit Permit No.457074ated January 10, 2006) made by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., and the performance/maintenance surety bond rider for$23,205.00, Bond No. 929270294 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. R.F_SOLUTIONNO. 2007111(o SURETY Y RA-03-01156 X-REF SUB 8306 INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number—_.— 929 270 294 issued by the National Fire InsuranceCompany of Hartford as Surety, on behalf of Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp. _ of Milpitas_CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of _Martinez, CA _- hereinafter referred to as the Obligee, effective the 20th day of __._. -December , 2005 . IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 29th day of _ .11�Il.Ua.r� —2QQ7—, and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby `*DECREASED** from the sum of One Hundred Fifty Four Thousand Seven Hundred No/100*** Dollars ($_154,700_00*** ),to the sum of Twenty Three Thousand Two Hundred Five No/100*** _ Dollars($ 23.205.00*'*' ). 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 Fifty Four Thousand Seven Hundred No/100*** Dollars ($154,700.00"** _) or for any loss occurring subsequent to said date shall not exceed the sum of Twenty Three Thousand Two Hundred Five No/100*** Dollars ($ 23,205.00'k** ). 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 February, 2007 Accepted By: Shapell Homes,a Division of Shapell Industries,Inc., County of Contra Cos a Delaware ---- ----- -- n p I ' ! BY ------- -- BY ' (Seal) By — - - — (Seal) Ke„, A rs+ Sccve. Nati nal Fi% a Insurance'Company of Hartford✓i -- Form F4763 (SI tY) .. (--------.(Seal) 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 Harmer,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. r,AS 1NSURq ppinp� Continental Casualty Company National Fire Insurance Company of Hartford r'ORPOAArF 0 �'�'Iwo oaar�n American Casualty Company of Reading,Pennsylvania O 2 a s JULY 11. L) SEAL 19021 nand° • 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 M.MEOWNotary Public.State atill ; My Cammiuion EWis 3/16lD9 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 February 2007 r,ASugtT} tNsugq 00 Continental Casualty Company O'tW4 National Fire Insurance Company of Hartford CORP TV a� American Casualty Company of Reading,Pennsylvania Z s gSJM Mary A. qikaiekis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On _ February 1, 2007 before me. Sandy Hanner- Notary Public Date 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/am subscribed to the within instrument and acknowledged to me that he/she/tit executed the same in Ihis/her/fteir authorized capacityRes), and that by hi&Jher/fir signature(s) on the instrument the person(&), or the entity upon behalf of which the person(%) acted, executed the instrument. WITNESS y hand and o ' ' seal. SANIN HANKER q Rk CommMlon#1672602 Notary Public •C.amoff9a SIGNATURE OF NOTARY Los Angeles County My Cann► EOM M 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 (;•107426.9 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. %r JANICE T.KRUSE WITNESS my hand and official seal. i Commission# 1597428 Notary Public-California z a - •�' �• Santa Clara County r � - > MyComm.ExpiresAug2a,2009 Signature of Notary Public Optional Information Title or Type of Document: Decrease Rider RA-03-01156 Tract 8306 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shanell Industries,Inc.