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HomeMy WebLinkAboutMINUTES - 05062008 - C.7 Contra TO: BOARD OF SUPERVISORS FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR - "�` Costa �. "tee" �ko DATE: May 6, 2008 • =-+ _-:��' �ti� ?S' Count SUBJECT: Accept completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 04-01158 (cross-reference Subdivision 99-08381), San Ramon (Dougherty Valley) area. ..(District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ 9 for Road Acceptance 04-01158 (cross-reference Subdivision 99-08381), 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 INIPACT: 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: /7/� �/ oG� 16 � ECOMNIENDATION OF COUNTY ADMINISTRATOR C RY-COMMENDA'1'ION OF BOARD COMMITTEE /APPROVE OTIIER r SIGNATURE S . ACTION OF O RD ON APPROVED AS RECOMMENDED OTHER VOTE of sU RvisoRs I hereby certify that this is a true and correct UNANIMOUS(ABSENT 1 copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. TR:vc G:'•.EngSvc\BO\2008\05-06\BO-45 DV(Landscaping)RA 04-1158 docx Originator: Public Works(ES) Contact: Teri Rie(313-]363) Recording to be completed by COB ).95-2578030 Pulli ccubli ATTESTED: . © b�0 cc: e Works -construction Div. -P Tehanev.M&T Lab JOHN CULLEN, Clerk o the Board of -I.Bergeron.Mapping Div. -D.Spinale,Engineering Svc. Supervisors County isors and Cty Administrator -T-March 16,^009 p y Sheriff-Patrol Div Commander CLIP,c/o AI CSAA—Cartog Chris Low,City of San Ramon -222 Camino Ramon,San Ramon,CA 94583 By , eputy Sam Worden and Jim Gold,Shapell Ilumes 100 N.Milpitas Blvd.,Milpitas,CA 95035 Pamela L.Stocks,National Fire Insurance Company of Hanford 2355 E.Camelback Road,Suite 500, Phoenix,AZ 85016 IIII III III I 1111111 IN III I IIII I IN I IIII 111111111 CONTRA COSTA Co Recorder Office Recorded at the regacst of: STEPHEN L. WEIR,..Clerk-Recorder Contra Costa County DOC— 200$-@ 110004-00 Board of Supervisors Return to: Monday, MAY 19, 2008 12:31:46 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0.00 Nbr-0004090534 lrc/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 6, 2008 by the following vote: AYES: Gioia,Uilkema,Piepho,Bonilla&Glover 1 NOES: none i ABSENT: none ABSTAIN: none i RESOLUTION NO. 2008/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 04-01158 (cross-reference Subdivision 99-08381), San Ramon (Dougherty Valley) area. (District III) These improvements are located along Camino Tassajara Road. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Road Acceptance 04-01158 (cross-reference Subdivision 99-08381),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; " Tlz:vr G:\LingSvc\130\2008\05-06\BO-45 DV(Landscaping)RA 04-1158.docx 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 certifyy that this is a true and correct copy of an P.Tchaney,M&T Lab action taken and entered on the minutes of the Board of 1.Bergeron,Mapping Div. D.Spinale,Engineering Svc. Supervisors on the date shown. . T.—March 16,2009 Sheriff-Patrol Aal1 Div.Commander CHP, / ATTESTED: 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 Homes 100 N.Milpitas Blvd. Milpitas,CA 95035 �— Attn:Sam Worden and Jim Gold By , Deputy National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AL 85016 Attn:Pamela L.Stocks RESOLUTION NO.2008/ c. 7 SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 04-01158 (cross-reference Subdivision 99-08381), San Ramon (Dougherty Valley) area. (District III) DATE: May 6, 2008 PAGE: 2 NOW THEREFORE BE IT. RESOLVED that the landscape improvements have been COMPLETED as of May 6, 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 15, 2006 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for $469,710.00, Bond No. 929 390 920 issued by the above surety be RETAINED for the six month lien guarantee period until November 6, 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 Camino Tassajara are ACCEPTED AS COMPLETE. Upon Acceptance by the Board of Supervisors, the developer, Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., shall retain the landscape improvements for maintenance during the ninety day maintenance period. After the maintenance period is completed the developer shall maintain the landscaping in accordance with the Landscape Maintenance Agreement for the Alamo Creek Project dated December 4, 2007. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established, and the�"$9,400.00 cash deposit (Auditor's Deposit Permit No. 467997, dated July 27, 2006) made by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., and the performance/maintenance surety bond rider for $139,503.00, Bond No. 929390920 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. �AM SURETY Alamo Creek, RA 04-01158 (XREF SUB 8381) INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number_.__....._._..___ 929390920 _ issued by the National Fire Insurance Company of Hartford Surety, on behalf of --Shapell Homes, a Division of Shapell Industries, Inc_, a Delaware Corp. of Milpitas,_CA..—_-_— _._....__ _- _ hereinafter referred to as the Principal, and in favor of _County of Contra_Costa of Martinez, CA _ —_____, hereinafter referred to as the Obligee, effective the 3rdday of July ._. 2006 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the ___._.1st day of--_.__._—____November _.. —200-7._., and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby _..*.DECREASED** . ............................... from the sum of Nine —--Hundred Thirty Thousand Twenty No/100*** 30,020.00** . . - - . . .._------ * __ _______............. Dollars($ 9 ) to the sum of One Hundred Thi Nine_Thousand Five Hundred Three No/100***- Dollars($ 139,503.00*** ), 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 Nine Hundred Thirty_Thousand.TwentvNo/1.00"**_.-_-_._.___. Dollars ($ 93.0,020_00*** or for any loss occurring subsequent to said date shall not exceed the sum of One Hundred.Thirty Nine Thousand Five_Hundred_Three No/100`**-_.-_....- Dollars($ 139,.503.00*** ), 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 29th day of October 2007 AcceXn Shapell Homes,a Division of Shapell Industries, Inc., CoA Delaware Corp. (P 'n 1) BY — By ---..__... :-----._... ..........-...._.._— ......._----...-------------(Seal) BY .._.... --------------------- -------(Seal) Nation4.Fir. Insurance Company of Hartford ..................-------._._._..._..__...__...._._..._._.._..._..._......-...... ------ Form F4763 / (Supexy) B� :' c._...:� -.��._:.._...: ._....�_.. �:. - -- (Sell) 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 Harmer,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 14th day of February,2006. �GAS Uq�l %NSUR44, ��vlkwCPA_ Continental Casualty Company National Fire Insurance Company of Hartford OORPORAre o� _ ORAmerican American Casualty Company of Reading,Pennsylvania ZO s JULY 31, a v SEAL `c "ds 1902 w 1897 IiARZF y a Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 14th day of February,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 Coniinental 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 instniment 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.MEDINA ; • Notary Public,State of Illinois • C`y^/�- •-, /l o My Commission Expires 3/15/08 : My Commission Expires March 15,2009 Maria M. Medina Notary Public CERTIFICATE 1,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 29th day of October 2007 s,GASug4r %suR4 vANYo< Continental Casualty Company C. ��PSPF �yc �`qo� National Fire Insurance Company of Hartford r,OFRPORATgo� _ ; � aAvotrgTFo American Casualty Company of Reading,Pennsylvania Z a o ♦ $ e� JULY 11, Ou SEAL z s T=� 1902 a17 1897 11011 b � Mary A. R ika kis Assistant Secretary Fortn F6853-11/2001 state of California County of Los Angeles On October 29, 2007 before me, Beverly A. Hall-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 satisfactciq; vidence_to be the person(s) whose name( is/A* subscribed to the within instrument and acknowledged to me that bye/she/tom( executed the same in bis/her/lbeiir authorized capacity(mes), and that by kis/her/t+baw signature(,$) on the instrument the person(#), or the entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my.hand and official seal. 0-em-. BEVERLY A. NAIL Commission # 17179!9 Notary Public -California SIGNAR OTARY Los Angeles County rn Com . )ant 6 Z01 t 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 ( x 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 (;•107426.9 >: 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 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. ayJaNlcf r.IcauSEWITNESS my hand and official seal. Commission# 1597428Notary Public-California Santa Clara County Comm.Expires Aug 24,2009 Signature of Notary Public ' Optional Information " Title or Type of Document: Decrease Rider- Gale Ranch IV RA-04-01158,Tr. 8381 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shauell Industries, Inc. . s 1.'