The URL can be used to link to this page

Home My WebLink AboutMINUTES - 04032007 - C.11 095455 C . Jt sE Contra-L TO: , BOARD OF SUPERVISORS �E.....__ FROM: MAURICE M. SH1U, PUBLIC WORKS DIRECTOR g; tlllr :- Costa DATE: April 3, 2007 °o-. _ =`�~~ County rA.covK'� SUBJECT: Accept completion of improvements for Sweet Violet Drive, Cinnamon Ridge Road, South Wedgewood Road, and Persimmon Road,Road Acceptance 06-01219 (cross-reference Subdivision 99-08306), for project being developed by Shapell Homes, a Division of Shapell Industries,Inc. a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/Xz for Road Acceptance 06-01219 (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: _ COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE L.APPROVE OTHER r SIGNATURES : -11 ACTION OF BOAJb ON 7 O APPROVED AS RECOMMENDED V, OTHER vo OF SUPEVISORS .� I hereby certify that this is a true and correct UNANIMOUS(ABSENT copy of an action taken and entered on the AYES: NOES: ABSENT: ABSTAIN: minutes of the Board of Supervisors on the TR:vz date shown. G:\EngSvc\BO\2007\04-03\60-45 DV(RA)RA 06-1219.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. ATTESTED: - r//©'_V, Z40W1 - -P.Tehaney,M&T Lab -I.Bergeron,Mapping Div. JOHN CULLET , Clerk of the Board of -T.Rie,Engineering Svc. ; T.-January 21,2007 Supervisors and County Administrator Sheriff-Patrol Div.Commander CHP,do Al CSAA—Cartog Chris Low,City of San Ramon - 2222 Camino Ramon San Ranwn,CA 94583 Sam Worden and Steve Savage,Shapell Homes By —_, Deputy 100 N.Milpitas Blvd.,Milpitas,CA 95035 Liberty Mutual Insurance Company 505 S.Main Street,Suite 830,Orange,CA 92868 • 1 Recorded at the request of: �MF'MM L. WEIR Clerk-Recorder Contra Costa County DOC— 200y-0098455-00 • Board of Supervisors G7 J Return to: Wednesday, APR 04, 2007 13:08:01 Public Works Department FRE $0.00 Engineering Services Division TyL I n� r $0.00 Nbr-0003660315 Irc/R9/1-7 -- --- ----------------- THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 3, 2007 by the following vote: AYES: SUPERVISORS GIOIA, . BONILLA , GLOVER, PIEPHO , NO: NONE ABSENT: SUPERVISOR UILKEMA ABSTAIN:NONE - - - - - — RESOLUTION NO. 2007/ SUBJECT: Accepting completion of improvements for Sweet Violet Drive, Cinnamon Ridge Road, South Wedgewood Road, and Persimmon Road,Road Acceptance 06-01219 (cross-reference Subdivision 99-08306), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc. a Delaware Corp., San.Ramon (Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements for Road Acceptance 06-01219(cross-reference Subdivision 99-08306)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; TR:vz G:\EngSvc\BO\2007\04-03\BO-45 DV(RA)RA 06-1219.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 COB I.D.95-2578030 Supervisors on the date shown. cc: Public Works -Construction Div. -P.Tehaney,M&T Lab to -I.Bergeron,Mapping Div. ATTESTED: >'// .O-3i -2"_0'1Pe -T.Rie,Engineering Svc. JOHN CUL LEN,tlerk of the Board of Supervisors and -T.—January 21,2007 Sheriff-Patrol Div.Commander County Administrator CHP,c/o 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:Sam Worden and Steve Savage Liberty Mutual Insurance Company 505 S.Main Street,Suite 830 Orange,CA 92868 RESOLUTION NO.2007/ 098 455 SUBJECT: Accepting completion of improvements for Sweet Violet Drive, Cinnamon Ridge Road, South Wedgewood Road, and Persimmon Road,Road Acceptance 06-01219 (cross-reference Subdivision 99-08306), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc. a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) DATE: April 3, 2007 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of April 3,2007 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 October 24, 2006 Liberty Mutual Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for$473,000.00, Bond No. x24022257 issued by the above surety be RETAINED for the six month lien guarantee period until October 3,2007, 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 Sweet Violet Drive, Cinnamon Ridge Road, South Wedgewood Road and Persimmon Road,the hereinafter described public improvements,as shown and dedicated for public use on the Final Map of Subdivision 99-08306, filed August 1, 2006, in Book 492 of final maps at Page 47-94,Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths (Miles) Sweet Violet Drive 56' 0.084 Cinnamon Ridge Road 56' 0.119 South Wedgewood Road 56' 0.160 Persimmon Road 56' 0.006 Upon acceptance by the Board of Supervisors,the developer, Shapell Homes,a Division of Shapell Industries,Inc. a Delaware Corp., shall retain the road improvements for maintenance and ownership during the warranty period. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $9,500.00 cash deposit (Auditor's Deposit Permit No. 470785, dated September 21, 2006) made by Shapell Homes, a Division of Shapell Industries, Inc. a Delaware Corp.,and the performance/maintenance surety bond rider for$140,730.00,Bond No. 024022257 issued by Liberty Mutual Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2007//(f/ 0984 RA 06-1219,Gale Ranch Phase III (xref SUB 8306) '1 Interchange Corporate Center Liberty 450 Plymouth Road,Suite 400 mut ■„1 tN Plymouth Meeting,PA 19462-1644 1!1 l lJ 1 Ph.(610)832-8240 INCREASE / DECREASE RIDER Rider to be attached to and form a part of Bond Number 024022257 , dated the 13th day of September_._, 20 06 , issued by Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as Surety (the"Surety"),on behalf of Shapes Homes,a Division of Shapell Industries, Inc., A Delaware Corp. as principal (the"Principal'), in favor of County of Contra Costa as obligee(the"Obligee"). It is understood and agreed that the penal sum of the attached bond is hereby ***DECREASED*** (increased/decreased) from Nine Hundred Thirty Eight Thousand Two Hundred No/100***(Performance) ($ 938,200.00*—_)Dollars, to One Hundred Forty Thousand Seven Hundred Thirty No/100*** (Performance) ($ 1 1 40,730.00' )Dollars. This change is effective the 27th day of February 12007 The attached bond shall be subject to all of its terms,conditions and limitations except as herein modified. DATED as of this 1 st day of March 20 07 Shapell Homes,a Division of Shapell Industries, Inc., WITNESS/ATTEST: A Delaware Corp. (Principal) (See attached) By. (Seal) Name: eyl.COIG i SeC rC � By: r� p Title e. 'R4S S� l ACCEPTED: LIBERTY MUTUA INSURANC COMPANY (Surety) By: G -- (Seal) orney-in-Fact: Pamela L.Stocks Date: L.MIC-3010 Rev.03/04 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 098455 1716844 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 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 set forth,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, STATEOF CALIFORNIA......................................................................................................... .............................................. ............................................................................................................................................................................................... each individually if there be more than one named,its true and lawful attomeyAn-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed*an**and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/100 DOLLARS(s 50;000;000.00 )each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of-the Companyin their own proper persons. That this power is made and executedpursuantto and by authority of the following By-law and Authorization: ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such '0 attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their H Q. signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C Cas binding as if signed by the president and attested by the secretary. N. y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: cc c Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby .; authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute,seal, acknowledge and O 'a deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. o lo- w04) 3 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. CD W C M 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 d 2005 Q C') — �_ 0 .N LIBERTY MUTUAL INSURANCE COMPANY ►-a 02 d C 6.0 i=r Byl. --- i.✓_ 5 a exp o°: > f Garnet W.Elliott,Assistant Secretary N o 6*'- COMMONWEALTH OF PENNSYLVANIA ss w 0 d COUNTY OF MONTGOMERY L C On this 15th day of April 2005 , before me,a Notary Public, personally came Garnet W. Elliott,to me known, and acknowledged 3 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 £ 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. '~ ` IN TESTIMONY WH aveunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year tRe v first above written. "+ Co > N # C COMMOWEALTH OF t EIdNSYLVANIA .. . E N •+ Saw c?LV& '~� ° OF Terms Noialy By 00 Z ' "' �' °f18i� Notary Tersa Pastella,Nota Public V ��' Mg.CemmissianresrJ+ar.�.; .0O YL �& .. ,Mer:,z:aar.#?;nrisyivsnia Assaciaiiaa at Nocar/e _ _ r CERTIFICATE I,the undersigned,Assistant ecretary 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 certificate;and i`do further certify that officer or official who executed the said power of attorney is an Assistant Secretary specially authorized-by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. 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 force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this 1st day of March 2007 j, By , � :X. ,,;j David M.Carey,Asststgt Secretary 098455 State of California County of Los Angeles On March 1,2007 before me. Gina O'Shea, 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( is/Am subscribed to the within instrument and acknowledged to me that hie/she/tb( executed the same in fts/herAftoW authorized capacity0s), and that by last/herb signature(7s) on the instrument the person(g), or the entity upon behalf of which the person(%) acted, executed the instrument. GINA O'S EA WITNESS my hand and official seal. QQ COMM. 1468157 nI ±i.: LIZ LOSANGELESCOLIPM g SiGNATURE OF NOTARY �— ':':. 6CanNn.�Feb.7.1008 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-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(S) OTHER THAN NAMED ABOVE a-107426.8