Loading...
HomeMy WebLinkAboutMINUTES - 04242007 - C.2 sE-.L _ Contra TO: BOARD OF SUPERVISORS 1. @; -F. 2. ........... FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa C . DATE: April 24, 2007 coCounty �Ly SUBJECT: Accept completion of improvements for Road Acceptance 04-01160 (cross-reference Subdivision 99-08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) SI'ECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUS"fIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/4/ for Road Acceptance 04-01160 (cross-reference Subdivision 99-08381), accepting completion of improvements, for project being developed by Shapell. Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) FISCAL IMPACT: None. 13ACKGROUND/REASON(S) FOR RECOMMENDATION(S): The improvements have been constructed in accordance with the Subdivision Agreement. CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be accepted and the maintenance/warranty period will not begin. Continued on Attachment: SIGNATURE: `- _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _X APPROVE —OTHER SIGNATURE (S): ACTION OF BOARD ON Y 01 APPROVED AS RECOMMENDED OTHER 'VO =E OF SUPERVISORS ��//�� UNANIMOUS(ABSENT IVOX ei ) 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 rR:,z G:\E'ngSvc\BO%.2007`Aa-17\BO-A5RA 04-1160.doc date shown. . Originator: Public Works(ES) Contact: T Ric(313-2363) Recording to be completed by Clerk of the Board I.D.95-2575030 O . cc: Public Works -Construction Div. -P.Teltancy,A,&T Lab ATTESTED: II I Igerh.A,.umne JOHN CULLEN, Clerk of the Board of -I.Ber crop,MappingDiv. T. February 17,'_0005 Engineering 8 c. — T.—FSupervisors and County Administrator - Sheriff-Patrol Div.Contrnander Clil',c;o AI 'CSAA—Cat tog Shapell l fomes 100 N Milpitas Blvd. Milpitas.CA 95035 By_ , Deputy Attn:Sam Worden National Fire Insurance Company or hart ford 2355 F.Camelback Road,Suite 500 Phoenix,AZ 85016 Aon:Pamela Stocks - 1 I CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L. WEIR Clerk-Recorder Contra Costa County DOC— 200'7-0121308-00 Board of Supervisors Wednesday, APR 25, 2007 10:25:47 Return to: FRE $0.00 Public Works Department EnTt 1 Pd $0.00 Nbr-0003686874 Engineering Services Division Irc/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 24, 2007 by the following vote: AYES: Gioia, Uilkeima, Bonilla, GION:er anll Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/ SUBJECT: Accepting completion of improvements for Road Acceptance 04-01160 (cross- reference Subdivision 99-08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) These improvements are approximately located Casablanca Street,Charbray and Knollcreek. The Public Works Director has notified this Board that the improvements in Road Acceptance 04-01160(cross-reference Subdivision 99-08381)have been completed as provided in the Subdivision Agreement with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., heretofore approved by this Board in conjunction with the filing of the Subdivision Map. TR:vz G:\En,Svc\130\2007\04-17\130-45RA 04-1160.doc originator: Public Works(ES) i hereby certify that this is a trite and correct copy of an Contact: T. Rie(313-7.363) action taken and entered on the minutes of the Board of Recording to be completed by Clerk of the Board I.D.95-2578030 Supervisors on the date shown. cc: Public Works Construction Div. 11.'I chancy,M&T Lab 11.Finch,Maintenance Div. ATTESTED: /7���� C,?fe 1.Bergeron,Mapping Div. T.Ric,Engineering Svc. JOHN CULLEN, Clerk of the Board of Supervisors and - T.—February 17,2008 County Administrator Sheriff-Patrol Div.Commander Cl IP,c/o Al CSAA—Cartog Shapell 1 lomcs 100 N.Milpitas Blvd. By , Deputy Milpitas,CA 95035 Attn:Sam Worden National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,A%85016 Attn:Pamela Stocks n 1Y RESOLUTION NO.2007/ pG SUBJECT: Accepting completion of improvements for Road Acceptance 04-01160 (cross- reference Subdivision 99-08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) DATE: April 24, 2007 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of April 24,2007 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 BANK/SURETY February 14, 2006 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,007,550.00, Bond No. 929270281 issued by the above surety be RETAINED for the six month lien guarantee period until October 24,2007,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 Road Acceptance 04-01160(cross-reference Subdivision 99-08381)the hereinafter described road(s),as shown and dedicated for public use on the Final Map of Subdivision 99-08381 filed December 28, 2005, in Book 486 of Maps at Page 33-48, Official Records of Contra Costa County, State of California, is/are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths (Miles) Road # SYM Casablanca Street 40'/60" 0.12 5525AT MR BE IT FURTHER RESOLVED that Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp. will own and maintain the improvements during the warranty period. BE IT FURTHER RESOLVED that the improvements have been COMPLETED and are NOT ACCEPTED as County Roads, at this time. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$20,200.00 cash deposit(Auditor's Deposit Permit No.452271,dated October 4, 2005) made by Shapell Homes and the performance/maintenance surety bond rider for $299,235.00, Bond No. 929270281 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOL LI"PION NO. 2007/0217 ' - ' ��� ���'����k ��N����� �� m � RA'D4'O11GD(iC) /Casablanca St. Alamo Creek � INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number ' ' --'---_-_929270281 issued by the Y�gtiona]-F�.eig�ur.an��CgmPp.nYg�Hortfgrd-- ............ .......... -_. an Su,ety, on behalf of Shapell Homes, a Division of ShapenIndustries,)nc o Delaware Corp. of Milpitas,{CA_. --_-__-___--__-------- ......_---__'- _-. _......... ...........--'_'____.___-_'_-----. hereinafter referred to as the Prmdpo|, and in favor of _____County of Contra Costa _______ of W1ardn*z, CA '_----_---___- --_ herainafter referred 1oaathe Obligee, effective the 15th - day oYSePtemb�L . _J�8�i-_' AN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 1£thday of --''_-_ --__ K�[�h - _- '-. and -_ . -_ . subject to all the termo, conditions and limitations of the attached bund, the penal sum thereof shall beand the same is hereby °�}E��R..EA8�O."-� __.. __ ............... ........ _....... __. - from the sum of One/Million Nine Hundred Nin PtY-FourThousand JNine Dollars(�1f�4E���0��' -_>.to the sum of .Ty�l�|��nd[ndN�e����DeThnu��gnd�Tw» Oo||am 298 ) IT IS FURTHER UNDERSTOOD and agreed that subject to all the henne, conditions and limitations of the attached bnnd, the aggregate liability of the Surety for any |oaa occurring prior to said date shall not exceed the num of One-Million_Nine�Hundred N\�.��F�Four Thousand ($ 1,994,900.09.*'., _-� Dollars --). orfor any loss occurring subsequent tusaid date shall not exceed the sum of --____----- Two_Hundn* .Ninety Nine.Thouoand Two Hundred Thirty Five No/100° __ ____ Dollars ($ ) In no event, however, shall the aggregate liability of the Surety exceed the larger ofthe aforementioned sumo, it being the intent hereof topreclude cumulative liability. SIGNED, SEALED AND DATED this -__19thday of March, 2007 Accepted Ohape|Homes, oDivision nfGhapa|| Industries, |mc.. � a Delaware Corp By ____' ____-_ 3\0e/t InsuranceNatio6a'I Fire �= r^na ` ' ~~ �� /L�/ -- �-`°^"^~-7'- --' Pamela L Stocks, Attorney-in-Fact POWER OF A'T'TORNEY 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 Illrnois 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. rAstJq�T INSUR4 Continental Casualty.Company National Fire Insurance Company of Hartford r,oaPOAArp � 8g�wctlaPoearF American Casualty Company of Reading,Pennsylvania Z a JULY 71. OU SEAL gdy � 4*1 .1902 .a 1 B97 � HAR�°� b • �' 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 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.AEDRA • y cw vvwk,sx.a of . �C.4 i MY Camnus•tai EiWir•• 115M/16AY `J 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 day of March 2007 GAsw�l} %MSUR41►wr& Continental Casualty Company National Fire Insurance Company of Hartford cCMPORAre a, 0 S�Nc INWro ;R American Casualty. Company of Reading,Pennsylvania Ou SEAL. `C s w � JuI 1, 1897 HAIi • Mary A.qikai8kis 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 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 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 ITh 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 Scnior 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 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 Angeles On March 19, 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/w* subscribed to the within instrument and acknowledged to me that be/she/tit executed the same in phis/her/bxoir authorized capacity(iw), and that by kwher/wak signature(s) on the instrument the person(6), or the entity upon behalf of which the person(%) acted, executed the instrument. /. LSAN R WITNESS my hand official seal. Commission# 1672602 otaryf .Cduotr�ar .los Angeles CountyCam Jul ;2010 SIGNATURE OF NOTARY 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-(N-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 (3-107426-5 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT l 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 the persons whose name are 1; 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 3 the entity upon behalf of which the persons acted, executed the instrument. JANICE I KRUSE WITNESS my hand and official seal. Commission# 1597428 Z J s Q.VN taryPublicCaliforniaSantaClaraCounty Comm.Expires Aug 24.2 Signature of Notary Public • 1.5 Optional Information z Title or Type of Document: Decrease Rider- Bond Number 929270281 - RA-04- ; r 01160 - Casablanca Street Alamo Creek S� Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries,Inc. l %i Al r> i) 1/ it �'