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HomeMy WebLinkAboutMINUTES - 03112008 - C.20 go E:S E-•L TO: BOARD OF SUPERVISORS t.. , _�� C4: ra I w* FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: March 11, 2008 CO G County SUBJECT: Accept completion of improvements for Main Branch Road,Road Acceptance 05-01187 (cross- reference Subdivision 99-08306), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/1 for Road Acceptance 65-01187 (cross-reference Subdivision 99-08306), accepting completion of improvements, 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 road improvements per the Road Improvement 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:✓ SIGNATURE: <�� l L A' ECOMMENDATION OF COUNTY ADMINISTRATOR ~RECOMMENDATION OF BOARD COMMITTEE :�'A'PPROVE THER r SIGNATURES : P, ACTION OF BOA ON 1 1 1 L 11t,g APPROVED AS RECOMMENDED_��OTHER _ VOTE OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT 1 ) copy of an action taken and entered on the AYES: NOES: 1 minutes of the Board of Supervisors on the ABSENT:-39:: ABSTAIN: date shown. LL:vz G:\EngSvc\BO\2008\03-11\BO-45 DV(RA)RA 05-1187.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by Clerk of the Board ATTESTED: I.D.95-2578030 cc: Public WorksConstruction Div. JOHN CULLEN, Clerk of the Board of -P.Tehaney,M&T Lab -1.Bergeron,Mapping Div. Supervisors and County Administrator -L.Leong,Engineering Svc. Sheriff-Patrol Div.Commander CHP,do 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:Steve Savage and Sam Worden Lori Stritt,via fax((925)735-8149) Liberty Mutual Insurance Company 505 S.Main Street,Suite 830 Orange,CA 92868 Attn:Gina O'Shea 1' - u .I III I III II ILII I II 1 III�l I�II�I III �I�I�I�II IIII II Recorded at the request of: CONTRA COSTA Co Recorder Off ice Contra Costa CountyBoard STEPHEN L. WEIR,; Clerk-Recorder ReSturnoum to:of Supervisors f a0C_ 2008_0053455-00' Public Works Department Wednesday, MAR 12, 2008 14:05:44 Engineering Services Division FRE $0.0011 Tt 1 Pd $0.00 Nbr-0004022633 Ire/R911-7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 0 Adopted this Resolution on March 11, 2008 by the following vote: AYES: Gioia, Piepho, Bonilla, Glover I i NOES: : None j I ABSENT: Uilkema 1 j ABSTAIN: None RESOLUTION NO. 2008/ 160 SUBJECT: Accepting completion of improvements�for Main Branch Road,Road Acceptance 05- 01187(cross-reference Subdivision 99-08306),San Ramon(Dougherty Valley)area. (District III) The Public Works Director has notified this Board that the improvements for Road Acceptance 05-01187(cross-reference Subdivision 991'08306)have been completed as provided in the Road Improvement Agreement with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., heretofore approved by this Board; LL:vz G:AEngSvcABO\2008\03-11\130-45 DV(RA)RA 05-1187.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 Clerk of the Board I.D.95-2578030 Supervisors on the date shown. cc: Public Works Construction Div. P.Tehaney,M&T Lab I.Bergeron,Mapping Div. ATTESTED: © 7/ L�I b S L.Leong,Engineering Svc. Sheriff-Patrol Div.Commander JOHN CULLEN, Clerk of the Board of Supervisors and CHP,coo Al County Administrator CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Shapell Homes 100 N.Milpitas Blvd. ''.Y , Deputy Milpitas,CA 95035 Attn:Steve Savage and Sam Worden Lori Stritt,via fax((925)735-8149) Liberty Mutual Insurance Company 505 S.Main Street,Suite 830 Orange,CA 92868 Attn:Gina O'Shea RESOLUTION NO.2008/ b SUBJECT: Accepting completion of improvements for Main Branch Road,Road Acceptance 05- 01187(cross-reference Subdivision 99-018306),San Ramon(Dougherty Valley)area. (District III) DATE: March 11, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of March 11,2008 thereby establishing the six-month,!terminal period for the filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT ', NAME OF SURETY' July 24, 2007 i! Liberty Mutual Insurance Company Bond No. 024 022 284 issued b the above s re be (RE or and materials) surety for$878,200.00, BE IT FURTHER RESOLVED y y �+RETAINED for the six month lien guarantee period until September 11,2008,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 Main Branch Road for�the hereinafter described public improvements, as shown and dedicated for public use'on the Final Map of Subdivision 97-08306 filed August 1, 2006, in Book 492 of final maps at Pages 47-94 and by separate instrument on December 18, 2007, DOC 2007-0343153-00, Official Records of Contra Costa.County, State of California, are ACCEPTED AS COMPLETED. Road Name Road-R/W Widths Lengths (Miles) Main Branch Road varies 50'.-61'/56'-91.07' 0.45 Upon acceptance by the Board of Supervisors,the San Ramon City Council shall accept Main Branch Road for maintenance and ownership in [accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$17,000.0Aash deposit(Auditor's Deposit Permit No.485659;dated June 27, 2007) made by Shapell Homes, and the performance/maintenance surety bond rider for $260,820.00,Bond No. 024 022 284 issued by Liberty Mutual Insurance Company be RETAINED pursuant to the requirements of section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. Gale Ranch III, RA 05-01187 XREF SD 99-08306 Liberty LibInterchange Corporate Center U i 450 Plymouth,Road,Suite 400 mutuiu. Plymouth Meeting,PA 19462-1644 Ph:(610)832-8240 INCREASE/DECREASE RIDER a Rider to be attached to and form a part of Bond Number', 024022284, dated the 13th day of June ,20 07 , issued by Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as Surety(the"Surety"),on behalf of Shapell Homes, a Division of Shapell Industries, Inc., A Delaware Corp. as principal (the"Principal"),in favor of County of Contra Costa as obligee(the"Obligee").. It is understood and agreed that the penal sum of the attached bond is hereby **"DECREASED*** j, I (increased/decreased) from One Million Seven Hundred Thirty Eight Thousand Eight Hundred No/100*** ($ 1,738,800.00*** )Dollars, to Two Hundred Sixty Thousand Eight Hundred Twenty No/100*** ($ 260,820.00*** )Dollars. This change is effective the 29th . day of October 2007 The attached bond shall be subject to all of its terms,conditions and limitations except as herein modified. DATED as of this_ 29th day of October ,20.07 Shapell Homes,, a Division of Shapell Industries, Inc., WITNESS/ATTEST: A Del ware Cor nc' ) (See attached) ` By: � A,I/`A�- - (Seal)Nam p Title: By; Ne: T � lC Title: a ACCEPTED: •� LIBERTY, T AL INSURANCE COMPANY (Surety) By: / By, ' &1 <. � (Seal) —Attorney-in-Fact: Pamela L.Stocks Date: L.MiG3010 Rev.03104 1716896 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. ' This Power of Attorney limits the acts of those named herein,and they have no authority to,bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY r KNOW ALL PERSONS BY THESE PRESENTS: .That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-.law and Authorization hereinafter setforth,does hereby name,constitute and appoint PAMELA L.STOCKS, BEVERLY A. HALL,SANDRA V. HANNER,GINA O'SHEA,ALL OF THE.CITY OF SHERMAN OAKS, STATE OF CALIFORNIA::s ......... .............. ....... ............ ... ........ ......... ................ ...... ............ .. ......................... .............................................. ...... .. ................... ... .. .... ... .... ... ........ .............. each individually if there be more than one named its true and•lawful.attorney in-fact to make execute seal, acknowledge and deliver,for and on its behalf as surety and as its act and deed, any,and all undertakings;bonds, recognrzances and other sure obli ations in the penal sum not exceeding FIFTY MILLI N AND 00/100******************** DOLLARS $ 000; 00:00***** ( )each,and the execution of,such undertakings,bonds, reoognizances and other surety obligations in pursuance:of.these presents, shall be as binding upon the Company as if they had beenduly signed by the president and,attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and byauthorftyof the following By-law"and Authorization ARTICLE XIII Execution of Contracts:Section,5.Surety.Bonds and Undertakings.. Any officer of.the Com an authorized for.that u ose in writin b the.'chairman or the president, and subject to such limitations as the chairman or the president may prescribe,-.-shall appoint,such attor eys in fact, as may be"necessary to act in be of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 'O N attorneys-in4act,subject to the limitations set forth in their respective powers of attorney;shall have.full power to bind.the Company by their y O signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be p> d as binding as if signed by the president and attested by the secretary. 5 ,a 'VJ Y'y By the following instrument the chairman or the president has authorized the officer'or other official named therein to appoint attorneys-in-fact: .O Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W.;ElliottAssistant Secretary of Liberty Mutual Insurance Company, is hereby . ` authorized to appoint such attorneys-in-fact as may be necessary to actin behalf of the,Company to make, execute, seal, acknowledge and C deliver as surety any and all,undertakings,bonds,''recognizances and other surety obligations. O y VH Ca) That the By-law and the.Authorization set forth above true copies thereof and are`inow in full force and effect. W h � IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate.seal of G Q. �. Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 15th day of April o s 2005 Q M 101 "'er tOcy LIBERTY MUTUAL INSURANCE COMPANY O i :4).0 0 OE Garnet W.Elliott,Assistant Secretary 4 o COMMONWEALTH OF PENNSYLVANIA ss w o COUNTY OF MONTGOMERY C o C On this 15th day of April 2005 , before me,a Notary Public personally came Garnet W. Elliott, to,me known, and acknowledged d O C that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above C 3: ai Power of.Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. M O W >. IN TESTIMONY WH F v , e. unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year .tO.N — 0first above written. ONW, y " CM i .Ka < C6,yM NwEAJ_TH OF.PENNSYLVANK E I Y w cm rt+ - LN _ Z 3 i"� Ta"siduc'L `BS,Yti{Ts33y i''ih51•"�' B- C 00 �' " ° " Ter sa Pastefla,Nota Public b W wft",Ekes mu,x Notary 'y Yom° thdm Wev.Pe�n9yisaaia A&Boc.&Ei6n p4 Ncxap CERTIFICATE R I,the undersigned,Assistant ecreta y,of:Liberty Mutual Insurance Company,do hereby certify that the original power of:attorney of which the foregoing is a full,true and correct copy,is in full force:and effect on-the date of this-certificat e; and I do further certify that the.officer or official who executed the said power of attorney is an Assistant creta Secretary Company.specially ll authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article Section 5 of the By-taws of Liberty M This certificate and the above power of attorney may be signed by facsimile or'mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the.12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with.surety bonds,shall be valid and binding upon the company with the same forceand effect as though manually affixed. °` � 29th I TESTIMONY WHEREO l ve hereunto subscribed my name and affixed the corporate seal of the said company;this day of �ctober �0` I By , •in¢, David M.Carey,Ass' nt Secretary y State of California County of Los Angeles_ On October 29, 2007 before me, BeGerly A.Hall-Notary Public nate NAME!';TITLE OF OFFICER,. 'JANE E.,NOTARY PUBLIC- personally appeared Pamela L.Stocks NAME(S)OF SIGNER(S) (X) personally known to me —OR — (T) proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/ subscribed to the uvithin instrument and acknowledged to me that ke/she/VM executed the same in*ft/hedihoir authorised capacity(dIWB), and that by Gents/her/tusk signature(b)on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. sevERly A. HALL WITN S my hand and official al Commission # 1717989 Notary Public - California s€ SlGNANRE NOTARY Los Angeles County Comm. tea J�16.2011 OPTIONAL Though the data below is not required by law, it may prove valuable 10 persons relying on the document 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) Liberty Mutual Insurance Company SIGNER($) OTHER THAN NAMED ABOVE a.1074xe•e y p� N 'wn�'nMi�ww�`^^v.M�.nn`"^��^^�ivwvvnniwnniv.,^��ivwvnivni.ivnnnivnniwn wvv, i'�^.,v�wv�wv�vw CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On October 30,2007, before me, Janice T. Kruse;Notary Public personally appeared Robert A 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. ITNESS my hand an, official seal. JANICE L KRUSE Commission# 1597428 z QMy Notary Public-California DZSanta Clara County Si gnature of Notary Publicc Comm.Expires Aug 24,2009f l Optional Information Title or Type of Document: Decrease Rider- Gale Ranch'III RA-05-01187 , Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shanell Industries,,Inc.