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HomeMy WebLinkAboutMINUTES - 03182008 - C.8 Com'O ���= ` ° TO: BOARD OF SUPERVISORS Contra'`=�= �`��'�' FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: March 18, 2008 °o County SrA coon SUBJECT: Accept completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Stoneleaf Road (Interim Condition), Road Acceptance 03-01152 (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/ for Road Acceptance 03-01152 (cross-reference Subdivision 99-08306), accepting completion of improvements for Subdivision Agreement (Right-of-Way Landscaping) for Stoneleaf Road (Interim Condition), 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: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE �PPROVE OTHER SIGNATURE(S):q�.W__Alv ACTION OF 130,40 ON APPROVED AS RECOMMENDED_7V OTHER VOTE OF SUP V SORS I herebycertify that this is a true and correct UNAN OUS(ABSENT }' AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the Ds:vz G:\EngSvc\60\2008\03-18\BO-45 DV(Landscaping)RA 03-1152.docx date shown, Originator: Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by COB I.D.95-2578030 cc: Public Works -Construction Div. -P.Tehaney,M&T Lab ATTESTED: - D t q ) -I.Bergeron,Mapping Div. -L.Leong,Engineering Svc. JOHN CULLEN, Clerk ot the Board of -T.—January 18,2009 Chris Low,City of San Ramon Supervisors and County Administrator 2222 Camino Ramon,San Ramon,CA 94583 Shapell Homes 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:Jim Gold and Sam Worden Via fax,Lori Stritt(925.735.8149) By , Deputy National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 _ Attn:Pamela Stocks CONTRA- COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder Contra Costa County Board of Supervisors DOC— 2008_0059264-00 Return to: Public Works Department Wednesday, MAR 19, 2008 13:45:06 Engineering Services Division FRE $0.00 Tt 1 Pd $0.00 Nbr-0004029519 rrc/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 18, 2008 by the following vote: AYES: GIOIA, UILKEMA, BONILLA, and GLOVER NOES: None ABSENT: PIEPHO ABSTAIN: None RESOLUTION NO. 2008/ L-T$ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Stoneleaf Road (Interim Condition), Road Acceptance 03-01152 (cross-reference Subdivision 99-08306), San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Stoneleaf Road and Bollinger Canyon Road. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Road Acceptance 03-01152 (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; DS:vz G:\EngSv6B0\2008\03-18\B0-45 DV(Landscaping)RA.03-1152.docx Originator: Public Works(ES) Contact:Teri Ric(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 I.Bergeron,Mapping Div. L.Leong,Engineering Svc. Supervisors on the date shown. T.—January 18,2009 Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 ATTESTED: ©'j' g� Shapell Homes 100 N.Milpitas Blvd. JOHN CULLEN Clerk of the Board of Supervisors and Milpitas,CA 95035 1� Attn:Jim Gold and Sam Warden County Administrator Via fax,Lori Stritt(925.735.8149) National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela Stocks By , Deputy RESOLUTION NO.2008 SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Stoneleaf Road (Interim Condition), Road Acceptance 03-01152 (cross-reference Subdivision 99-08306), 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 October 11, 2005 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for $221,200.00, Bond No. 929 348 517 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 Stoneleaf Road 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 $4,400.00 cash deposit (Auditor's Deposit Permit No. 450032, dated August 23, 2005) made by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., and the performance/maintenance surety bond rider for $65,700.00, Bond No. 929348517 dated November 8, 2007 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. 0 (l JL4 SURETSURETY RA-03-01,152, (Cross-ref SUB 8306) Interim Condition Y Gale Ranch III INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929348517 issued by the National Fire Insurance Company of Hartford as Surety, on behalf of Shapell Homes,a Division of Shapell Industries, Inc.,a Delaware Corp. of Milpitas,CA hereinafter referred to as the Principal, and in favor of _County of Contra Costa of .-_Martinez, CA hereinafter referred to as the Obligee, effective the 16th` day of _ August 2005 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 15th day of __ November 2007 __- and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby **.DECREASED** _ from the sum of Four Hundred Thirty Eight Thousand No/100*** _ Dollars($_438 000.00*"'__..-_. ) to the sum of Sixty Five Thousand Seven Hundred No/100*** Dollars($ 65.700*** ). 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 Thi Eight Thousand No/100*** Dollars($ 438.000.00"** ), or for any loss occurring subsequent to said date shall not exceed the sum of jixty_Five Thousand Seven Hundred No/100***_ _ Dollars($ 65.700*** ). 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 8th day of November,2007 Accepted By: Shapell Homes,a Division of Shapell Industries, Inc., County of Contra ost A Delaware Corp. r? (Principal) BY — — BY °*, '� - - --- -- (Seal) r` Gv�Cu1C� IHsst Sccro}ar� r BY _YL`— — --- ---(Seal) �Db �. VVIoOv e vc 6 U, p. National Fire!Insurance Company of Hartford (Surety) Form F4763 By __ ` ---` -.__,_'y` 1__._._.._..._..__....------ —(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 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 26th day of July,2007. eAsuqt%SUR4A, off"eo Continental Casualty Company National Fire Insurance Company of Hartford r,oavoRAre Q 0 veyt111POP4 American Casualty Company of Reading, Pennsylvania c5 i s JULY 71. • Ov SEAL � ��, +T=� � I9M a 1897 MAR b • Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 26th day of July,2007,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 EI_IZA PRICE NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES: 09/17109 My Commission Expires September 17,2009 Iza Price49 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 8th day of November 2007 �easuq�T % R4b wee Continental Casualty Company National Fire Insurance Company of Hartford eoaPoaarF o� ; etlaPOaltfe�� American Casualty Company of Reading, Pennsylvania Z�U d i JULY 71.SEAL �° s T=� 1902 T 1897 NARK a • Mary A.Rikafjkis Assistant Secretary Form F6853-1/2007 State of California County of Los Angeles On November 8, 2007 before me. Beverly A.Hall-Notary Public Date NAME, TITLE OF OFFICER..-JANE 00E. 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( is/am subscribed to the within instrument and acknowledged to me that kme/she/thft executed the same in ibis/her/*jW authorized capacity(ies), and that by Brits/her/tbsk signature(s)on the instrument the person(g), or the entity upon behalf of which the person(t) acted, executed the instrument. WITNESS my hand and official ea BEVERLY A. HAIL Commission #F 1717989 Notary Public -Collfornia SIGNATURE AF NOTARY Los Angeles County Comm.h trey tan 1 b,2011 OPTIONAL Though the data below is not required by law, it may prove valuable to 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 (�) 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 SIGNER(S)OTHER THAN NAMED ABOVE of Hartford G-107426.8 ,w✓�v,N.�,�^i��wvi.nn�wvvw✓.nnnn���w.Nww�nv.n�nnw.n�nM.,v`��iv^�✓v.,��nnnnnnnnnniwvw.i..i�v.. T CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On November 13,2007, 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. 710E r.MUSE dh WITNESS my handand official seal. Commission# 1597429 r Z } -` $ •e; Notary Public-California n \1 Z Santa Clara County �, TL �� My Comm.Expires Aug 24,'009 Signature of Notary Public i Optional Information Title or Type of Document: Decrease Rider - RA-03-01152 -Tract 8306, Gale III Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shanell Industries, Inc.