Loading...
HomeMy WebLinkAboutMINUTES - 03182008 - C.14 TO: BOARD OF SUPERVISORS :`'=; ��=='`;. Contra '- e FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ../ - Costa tl�tlr' - ., 7 DATE: March 18, 2008 'oo - c�,4 SrA,CoU County SUBJECT: Accept completion of landscape improvements for Subdivision Agreement(Right-of-Way Landscaping) for Subdivision 02-08682, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ for Subdivision 02-08682, 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/warranty period will not begin. Continued on Attachment:&---' SIGNATURE: _ZA ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE _ ER SIGNATURE (S): ACTION OF BOA N CD APPROVED AS RECOMMENDED X_OTHER VOTE OF SUPERV S RS UrrANIM0 s(ABSENT r'� -) 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 LL:vz G:\EngSvc\BO\2008\03-18\BO-45 DV SD 02-8682.doc date shown. Originator: Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by COB LD.95-2578030 cc: Public Works -Construction Div. -P.Tehaney,M&T Lab ATTESTED: n shv'/at -1.Bergeron,Mapping Div. -T.—January I1,2009 JOHN CULLEN, Clerk oft e Board of Sheriff-Patrol Div.Commander CHP,c/o At Supervisors and County Administrator CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Shapell Homes 100 N.Milpitas Blvd Milpitas,CA 95035 By , uty Attn:Sam Worden and Jim Gold Lori Stritt,via fax(925.735.8149) National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela Stocks CNASURET)r Gale Ranch, Phase II, SD 02-08682, N-7 INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number--_._.-.-.._._-929 365 615 issued by the National Fire Insurance Company of Hartford _ ......._-.----------_._...._-...._._.-.__----. ........._------------------ as Surety, on behalf of _Shapell Homes, a Division of ShapellIndustries, 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 15th_ day of __._ June- 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 .._--------30th day of___._,._._._..___.____..._January 2008_______.__.__._ 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 Four Hundred Four Thousand Seven Hundred No/100*** Dollars($.404 700.00'"_" __ ),to the sum of Sixty ThousandSevenHundred Five No/100"** _ Dollars ($ 60,705.00' 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 Four Hundred Four Thousand Seven Hundred No/100*** _ Dollars($ 404,700.00*** ) or for any loss occurring subsequent to said date shall not exceed the sum of _ _- Sixty Thousand Seven Hundred Five No/100*** —. _----. Dollars($ 60,705.00*** ) 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 11th day of February, 2008 Accepted By: ,�� Shapell Homes, a Division of Shapell Industries, Inc., County of Contra _osta A Delaware Cor ,. c ( ri pal) BY --------- ---------- BY _ ..__........... - - -------- (Seal) vko BY - /- - --- ------------ (Seal) -------- K� IPX� SS�• SCLrL�wr� National Fire Insurance Company of Hartford Form F4763 XSurety) _....... - (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 Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorney(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 10th day of March,2006. cAsu,�t� 1NsuR4 RW& Continental Casualty Company National Fire Insurance Company of Hartford ' GppPORAre �� b tWGo��4rfo American Casualty Company of Reading,Pennsylvania OU SEAL C 4 t /!!'sm 1. i 1897 NARK b • Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 10th day of March,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.MEDW . Notary Publk,Ste%of IMbmis • `1/],. `\^_ My Comrtrssion Eapiat 3115108 My Commission Expires March 1:5,2009 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 11th day of February , 2008 GAS u��T %14SUR4 mw.w Continental Casualty Company National Fire Insurance Company of Hartford GORP %*CWOa°Ttn American Casualty Company of Reading,Pennsylvania a IDLY]I. OU $F.AL 1902 .7 1897 RARtf • Mary A.Rtbikai@kis Assistant Secretary Form F6853-11/2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On February 11, 2008 before me, Beverly A. Hall, Notary Public Date Here Insert Name and Title of the Officer personally appeared Pamela L. Stocks Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(s) is/XS subscribed to the within instrument and acknowledged to me that rig/she/Cb*executed the same in lWherM*x authorized capacity, and that by Wher/t#xeaxsignature(sf) on the ` instrument the person(g), or the entity upon behalf of BEVERLY A. HALL which the person(s) acted, executed the instrument. Com""llon* 1717909 Notary Public-Cawo"ft I certify under PENALTY OF PERJURY under the laws loaC of the State of California that the foregoing paragraph is lacoffm son !ball true and correct. WITNESS my h d and official seal. Notary Seal Signature Sig a ure of Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On' before me, r�� 1J C Date Here Ins.r ame a Title of th O icer personally appeared Name(s)of Signers) who proved to me on the basis of sa' ctory evidence to be the person(s) whose name(s)+ subscribed to the within instrument and acknowledged t me that SARON SAVOY ( e xecuted the same in eir uthorized Commission � 1771305 r capac(y ies), and that by ei signa urel( on the i ,•: Notary Public -Calffornla Santa Clara County : instrument the person(s), or the entity upon behalf of MYCOMn.BOW0013 2011 ► which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS mA hand and offici seal. Signature 0 ' v A�N Place Notary Seal AboveSignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Document Date: Teb ' Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General 1 ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O~Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder Contra Costa County DOC— 2008-0059263,-00 Board of Supervisors Return to: Wednesday, MAR 19, 2008 13:44:55 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0.00 Nbr-0004029518 rrc/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 18, 2008 by the following vote: ♦t7Tc.- AYES: GIOIA, UILKEMA, BONILLA, and GLOVER NOES: None ABSENT: PIEPHO ABSTAIN: None RESOLUTION NO. 2008/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 02-08682, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Bollinger Canyon Road and Monarch Road. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Subdivision 02-08682, have been complet=ed 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; LL:vz G:\EngSvc\B0\2008\03-18\B0-45 DV SD 02-8682.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB I.D.95-2578030 cc: Public Works -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 -1.Bergeron,Mapping Div. -T.—January 11,2009 Supervisors on the date shown. Sheriff-Patrol Div.Commander CHP, - ATTESTED: CSAA Cartog Chris Low,City of San Ramon JOHN CULLEN, Clerk of the Board of Supervisors and 2222 Camino Ramon,San Ramon,CA 94583 Shapell Homes County Administrator 100 N.Milpitas Blvd Milpitas,CA 95035 Attn:Sam Worden and Jim Gold Lori Stritt,via fax(925.735.8149) By Deputy National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attu:Pamela Stocks RESOLUTION NO.2008/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 02-08682, San Ramon (Dougherty Valley) area. (District III) DATE: March 18, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of March 18, 2008 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 August 16, 2005 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for $204,400.00, Bond No. 9293656"15 issued by the above surety be RETAINED for the six month lien guarantee period until September 18, 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 the Right-of-Way Landscaping improvements on North Monarch Road, Bollinger Canyon Road, Brower Way, Atheana Court, Watsonia Drive, Watsonia Court, Honey Castle Drive and Coral Bell Court are ACCEPTED AS COMPLETE. Upon completion of the one year 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 $4,100.00 cash deposit (Auditor's Deposit Permit No. 447192, dated June 30, 2005) made by Shapell Homes, and the performance/maintenance surety bond rider for $60,705.00, Bond No. 929 365 615 dated February 11, 2008 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. �o��► S®