HomeMy WebLinkAboutMINUTES - 04172007 - C.7 TO: BOARD OF SUPERVISORS t1E .s L Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR g : n '� Costa
DATE: April 17, 2007 .o
G`STA COUN"� v county -
SUBJECT: Accept completion of landscape improvements for Subdivision Agreement (Right-of-Way
Landscaping) for Subdivision 98-08134, for project being developed by Shapell Industries of
Northern California, a Division of Shapell Industries, Inc., San Ramon (Dougherty Valley) area.
(District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2007/ Ot0f for Subdivision 98-08134, accepting completion of improvementsJfor
Subdivision Agreement(Right-of-Way Landscaping),for prof ect being developed by Shapell Industries ofNorthem
California, a Division of Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer, Shapell Industries of Northern California, a Division of Shapell Industries,Inc.,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:
_WfECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
-- -CPPROVE OTHER
r
SIGNATURES
ACTION OF BO ON Y/ / APPROVED AS RECOMMENDED OTHER
VO OF SUPE
Et
UN AN (ABSENT_ /��rti 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:vz
G:\EngSvc\BO\2007\04-17\BO-45 DV(Landscaping)SD 98-8134.doc date shown.
Originator: - Public Works(ES)
Contact: Teri Rie(313-2363) _
cc: Public Works -A.Bell,Construction Div.
-P.Tehaney,M&T Lab
1.-- MappingDiv.
T.Rie,EngineeringSvc. ATTESTED: / / 1/r
/''
-T.—February 17,2008 JOHN CULLEN, Clerk of the Board of
Sheriff-Patrol Div.Commander
CHP,c/o Al
CSAA—Cartog Supervisors and County Administrator
Chris Low,City of San Ramon
2222 Camino Ramon,San Ramon,CA.94583 . ......
Shapell Industries ofNonhem California
100 N.Milpitas Blvd.
Milpitas,CA 95035
Attn:Jim Gold/Sam Worden/Steve Savage By , Deputy
American Casualty Company of Reading,Pennsylvania
2355 E.Camelback Road,Suite 500
Phoenix,AZ 85016
Attn:Pamela Stocks
CONTRA COSTA Co Recorder Office
STEPHEN L, WEIR Clerk-Recorder
Recorded at the request of: DOC_ 200'7_0113656-00
Contra Costa County
Board of supervisors Wednesday, APR 18, 2007 11:03:02
Return to: FRE $0.00
Public Works Department Tt l Pd $0.00 Nbr-0003678048
Engineering Services Division
Ire/RS/1-8
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 17, 2007 by the following vote:
AYES: Gioia, Uilkema, Bonilla_,
Glover and Piepho
NOES: None
ABSENT: None
ABSTAIN: None
.— --- - RESOLUTION NO. 2007/
SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement
(Right-of-Way Landscaping)for Subdivision 98-08134,for project being developed
by Shapell Industries of Northern California, a Division of Shapell Industries, Inc.,
San Ramon(Dougherty Valley) area. (District III)
These improvements are approximately located near Lilac Ridge Road.
The Public Works Director has notified this Board that the Right-of-Way Landscaping
improvements for Subdivision 98-08134, have been completed as provided in the Subdivision
Agreement(Right-of-Way Landscaping)with Shapell Industries of Northern California,a Division
of Shapell Industries, Inc., heretofore approved by this Board;
TR:vz
G:\EngSvc\BO\2007\04-17\BO-45 DV(Landscaping)SD 98-8134.doc
Originator: Public Works(ES)
Contact: Teri Rie(313-2363)
Recording to be completed by COB
I.D.95-2578030
cc: Public Works A.Bell,Construction Div.
I hereby certify that this-is a true and correct copy of an
-
P.Tehaney,M&T Lab action taken and entered on the minutes of the Board of
I.Bergeron,Mapping Div.
T.Rie,Engineering Svc. Supervisors on the date shown.
T.—February 17,2008 y
Sher,c/o AlATTESTED:—
CSAA-Cartog JOHN CULLEN, Clerk of the Board of Supervisors and
Chris Low,City of San Ramon
2222 Camino Ramon,San Ramon,CA 94583 County Administrator
Shapell Industries of Northern California
100 N.Milpitas Blvd.
Milpitas,CA 95035
Attn:Jim Gold/Sam Worden/Steve Savage By , Deputy
American Casualty Company of Reading,Pennsylvania
2355 E.Camelback Road,Suite 500
Phoenix,AZ 85016
Attn:Pamela Stocks
RESOLUTION NO.2007/ a
SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement
(Right-of-Way Landscaping)for Subdivision 98-08134,for project being developed
by Shapell Industries of Northern California, a Division of Shapell Industries, Inc.,
San Ramon (Dougherty Valley) area. (District III)
DATE: April 17, 2007
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the landscape improvements have been
COMPLETED as of April 17,2007 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 21, 1999 American Casualty Company of
Reading, Pennsylvania
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $196,600.00,
Bond No. 929097481 issued by the above surety be RETAINED for the six month lien.guarantee
period until October 17,2007,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 Lilac
Ridge Road, Satinleaf Way, Sultenleaf Court, and Heatherland Drive 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$3,900.00 cash deposit(Auditor's Deposit Permit No. 337456,dated
September 7, 1999) made by Shapell Industries of Northern California, and the
performance/maintenance surety bond rider for $58,395.00, Bond No. 929097481 issued by
American Casualty Company of Reading, Pennsylvania be RETAINED pursuant to the
requirements of Section 94-4.406 of the Ordinance Code until release by this Board.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 20071--"d'
mHrkSURETY Tract 8134, Bridges at Gale Ranch
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and-form part of Bond Number.................._._.___._929 097481 - _ _ issued by the
American Casualty Company of Reading, Pennsylvania _. . ._ _.... . as
Surety, on behalf of —Shapell Industries of Northern California, a Division of Shapell Industries, Inc. of
Milpitas, California hereinafter referred
to as the Principal, and in favor of ____._..—_..______County of Contra Costa_.....-.-_.._______......__...._.. __
of _._.Martinez,_CA —_—, hereinafter
referred to as the Obligee, effective the 31 st day of ___._.._._.__.___._August 1999
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the ._.___14th day of .__2007_:_-__._.-_ ., and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby ._*..*DECREASED*'.__._,_-__--.._-....._____-.-.__. from the sum of
Three Hundred Eighty Nine Thousand Three Hundred No/100
Dollars ($-389,300.00** ) to the
sum of ..--Fifty Eight Thousand Three Hundred Ninety Five�No/100** Dollars ($ 58,395.00*" )
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 __Three Hundred Eighty Nine Thousand Three Hundred No/100** Dollars ($ 389,300.00** )
or for any loss occurring subsequent to said date shall not exceed the sum of
Fifty Eight Thousand Three Hundred Ninety Five No/100** Dollars ($ 58,395.00** )
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.
19th--_---
- -------
SIGNED-,-SEALED AND-DATED-this-- day of ----
Accepted By:
Shapell Industries of Northern California,a Division of
County of Contra Cost Shapell Industri s, In .
(Principal)
BY --- --- -- - --------- BY ......._ .. /
_ ...._./ .__ . _.... _--------......_-------------(Seal)
Kew _oK, I�sSt. Sec-re�t�,'
By,
r-_....__.._. ._. ...____..._....._.... __----- --------------------(Sea{)
American Cesualty Company of Reading, Pennsylvania
Form F4763 �/. L
(Surety)
By_ _< �u L (Seal)
Pamela L. Stocks, Attorney-in-Fact
POWER OF ATTC 'EY APPOINTING INDIVIDUAL ATTOF ,,Y-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.
CAS�I�r INSURq,t Continental Casualty Company
National Fire Insurance Company of Hartford
cOR°ORAre 0 American Casualty Company of Reading,Pennsylvania
0 a
JULY 11.
u SEAL
1897 NARK •
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'
0 Notary Public,Staft of 1111 al *MARIA M.MEt)ItiA ( (\y^/_1
_— --— _ _-• Myii•••..Commission EiWM 3115109••i •••�••••••�•.---- - ----- ---- -- -- —
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
19th dayof March , 2007
GAS llq�r *SUR4 C Continental Casualty Company
National Fire Insurance Company of Hartford
cOR° rf ,� �Mc�°q+arfo American_ Casualty Company of Reading,Pennsylvania
OU SEAL `fd g JULY 199Z
1.
1897 f� 11AR�� • '�
Mary A.R(bikajokis 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 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
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 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 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 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 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 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`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 An eles
On March 19, 2007 before me, Sandy Hanner- Notary Public
Oate NAME. TITLE OF OFFICER.. "JANE OOE. 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/ws subscribed to the within instrument and acknowledged to me that
bye/she/RW executed the same in*ft1her/*9W authorized capacity(dss), and that by tawher/ptreit
signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted,
executed the instrument.
+�wNER WITNE my hand an Icial seal.
SANDCommaon N 1672602
Notary Public -Calitomia
loa Ani Carty SIGNATURE OF NOTARY
my Comm .fuN2.201
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
(.r) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) (_) LIMITED
(_) GENERAL
NUMBER OF PAGES
( x ) ATTORNEY-(N-FACT
(�) TRUSTEE(S)
._ _(_)-GUARDIAN/CONSERVATOR— -
(_} OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Casualty Company of Reading, Pennsylvania
SIGNERS) OTHER THAN NAMED ABOVE
(3•107426-8
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On March 21,2007, before me, Janice T. Kruse, Notary Public personally appeared
Robert D. Moore and Ken Cox known to me to be thep ersons 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 I KRUSE (WITNESS my hand and official seal. �
Commission#1597428
�i Notary Public California
Santa Clara County `
My Comm.Expires Aug24,2�9 Signature of Notary Public
\.. J
Optional Information
Title or Type of Document: Decrease Rider- 929-097-481, Tract 8134-Bridges
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
— - --- -- ------Shanell-Industr-ies;Inc.--- --- -------------- ---
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