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Home My WebLink AboutRESOLUTIONS - 10032006 - 2006-618 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 3, 2006 by the following vote: AYES: Uilkema,Piepho, DeSaulnier, and Gioia NOES: ABSENT: Glover ABSTAIN: RESOLUTION NO. 2006/ (0 1 g SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Gale Ranch Commercial frontage, Road Acceptance 05-01193 (cross-reference Subdivision 95-07984), being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon(Dougherty Valley) area. (District I1I) These improvements are approximately located near Bollinger Canyon Road, Dougherty Road and North Wedgewood Road. The following document was presented for Board approval this date for Road Acceptance 05-01193 (cross-reference Subdivision 95-07984), located in the San Ramon (Dougherty Valley) area. A Subdivision Agreement (Right-of-Way Landscaping) with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right-of-Way Landscaping) within two years from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right-of-way landscaping as required by Title 8 and 9 of the County Ordinanc6 Code, as follows: I. Cash Deposit Deposit Amount: $1,000.00 Deposit made by: Shapell Homes Auditor's Deposit Permit No. and Date: 469817 August 31, 2006 I hereby certify that this is a true and correct copy of an LL:vz action taken and entered on the minutes of the Board of G:\EngSvc\BO\2006\10-03\RA 05-1193 130-16.doc Originator: Public Works(ES) Supervisors on the date shown. Contact: T.Ric(313-2363) cc: Public Works- Construction J / Current Planning,Community Development ATTESTED: Lo/ c> b(. T—August 3,2008(PI) JOHN CULLEN, Clerk oBoard of Supervisors and Shapell Homes 100 N.Milpitas Blvd County Administrator Milpitas,CA 95035 Attn:Sam Worden \ National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 By Deputy RESOLUTION NO.2006/ _ SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Gale Ranch Commercial frontage, Road Acceptance 05-01193 (cross-reference Subdivision 95-07984), being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) DATE: October 3, 2006 PAGE: 2 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929390935 August 15, 2006 Performance Amount: $55,100.00 Labor &Materials Amount: $28,100.00 Principal: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of- Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. r. .COUNTY OF CONTRA COSTA ! DEPOSIT PERMIT i OFFICE OF COUNTY AUDITOR-CONTROLLER i r MARTINEZ,CALIFORNIA~"1 TO THE TREASURER: f RECEIVED FROM Public Works ORGANIZATION NUMBER 650 rgan za io (For Cash Collection Procedures See County Administrator's B DESCRIPTION FUND/ORG SUB TASK OPTIO ACTIVITY AMOUNT ACCT Sales Tax 100300 0637 32 Sale of Prints 004530 9931 REV 6GO085 137 Sale of Prints 6AO026 93 Sale of Plans & Specs 004500 6AO196 167 Corner Records 3997- 3999 000651 9660 6LO88D 40 Premium Billing 6LO85C 3 DA 00-00005 Drainge Imp Ext 6L076B 250 SD02-08688 ROWL Ext 250 SD98-08134 Sub'Agmt Ext 250, M804-0012 Base Map Fee 004528 9931 6KO030 75. RA02-01137 Sub ROWL Ext 000651 9660 6LO76B 250. RA02=01137 Rd Imp Ext 250. SD06-09142 Land Plan Ck 6LO81C 484. SD06-09143 Land Plan Ck 352. SD 89.07418 Plan Ck Over 6L0072 2,521. Notary Fee 004500 9975 20. TOTAL $ Acctng: G1203226-G1203254 DEPOSIT 255,628. Deposit consists of the following items Records: 131203049-131203087 COIN and CURRENCY $ 93. Eng Svcs: G1202341 G1202354 voids G1203082, G1203083 CHECKS,M.O.,ETC. $ 255,534. Invoces:912240,912293,912298, 912300,912304,912305,912309,912224, BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY 912321, 912325, 950589, BA'S 32722, 32831, 18988, 31026, 31139,26862,23994 DEPOSIT PERMIT DP 24794, 11207, 15790,25318, 31720, 31192,29417, 30462, NUMBER DATE ASSIGNED q The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. deposit into the County Treasury Sig ed t) �.1'- �� Dade / ` ) j.�' �Y Y r ` Signed: 11� a �' N Signed--/ - .Til (t` l,EXTl/ f -- +- De ut County Auditor DeputyCountyTreasurer D-34 Rev.(7-9 ?�! xct Sri L�ti. L rt (!�-' ` ---- -- - ----- f COUNTY OF CONTRA COSTA DEPOSIT PERMIT 3= OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA tJ ff TO THE TREASURER: VC,\ �J RECEIVED FROM Public Works ORGANIZATION NUMBER 650 a .. (For Cash Collection Procedures See County Administrators Bulletir DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT SR4BA-06-T52 Permit 007862 9755 REV 6X4409 16 Ind 950589 89 Farden Smith 000672 6U2504 50 TP06-00024 BA 32722 003520 9660 5BO51X 93 Z106-11413 BA 32831 5B048D 837 EF01-00602 BA 18988 000651 6L72RP 2,249 6LO83A 160 6LO83B 90 LP05-02077 BA 31026 003520 5B0029 802 DP05-03086 BA 31139 5B036X 161 EL05-20291 BA 26862 000651 6L081F 96, DP03-03011 BA 23994 003520 5B036X 100, TP03-0023 BA 24794 5BO60B 65. LP88-02032 BA11207 1, SB060A 278, ED 98-00418 BA15790 000651 6LO84B 364. EF03-00626 BA 25318 6L083A 105. EF06-00602 BA 31720 443. EXPLANATION: TOTAL $ DEPOSIT C.C.: Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT (J PERMIT DP NUMBER DATE C'' rJ �:]� L:4 ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. deposit into the County Treasury Signed t r l� ' filDate /�/ L--7/ S EXSigned: L'V '^� Sig ned..%%"'�- ', � C- - 1! Titlei ( i`)' T,� /. ee ul .Cf t.` t �. ounty Auditorl Deputy County Treasurer 'D-34 Rev.(7-93) " COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA \ �, TO THE TREASURER: J RECEIVED FROM Public Works ORGANIZATION NUMBER 650 jurganization) DESCRIPTION FUNDIORG SUB TASK OPTIO ACTIVITY AMOUNT ACCT $ FS05-00050 BA 31192 000651 9660 REV 6L83PV 2,578 FS05-00033 BA 29417 1,754 MS05-00029 BA 30462 6L0034 1,476 Postage Reimb 004500 2103 SAS 999SAS 16 Trust Fund 819800 _0800 37,020 000649 9665 197,740 000682 9755 3,600 EXPLANATION: TOTAL $ DEPOSIT C.C.: Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER �t{;•fix;$i.'? :, •,�, 'r-6 DATE I'': ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged. deposit into the County Treasury _ IJ F r Signed ¢. rt �', ..,.. ! Date_/_� Signed: �l ',�i ii \,�. i� Signed,,/ - Title: ! f7`7r EXT.i' }.9epul�Coun� Auditor Deputy County Treasurer ! D-34 Rev.(7-93) � 819800-0800: G1203056, $7,820.00, M5 04-0012, Cash Bond, 5hilpa Pathare, 4410 Black Walnut Court, Concord, CA 94521 819800-0800: G1203065, $5,200.00, DA 04-00036, Cash Bond, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1203066, $2,400.00, SD06-09144, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, 5an Ramon, CA 94583 819800-0800: G1203069, $1,000.00, 5[)06-8930, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, 5an Ramon, CA 94583 819800-0800: G1203070, $3,300.00, 5[)06-09142, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 819800-0800: G1203074, $3,100.00, SD06-09143, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, 5an Ramon, CA 94583 819800-0800: G1203080, $1,000.00, RA05-1193, Cash Bond, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1203084, $5,200.00, PA-04-0017, Cash Bond, 5hapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1203085, $8,000.00, 5D89, 07418, Cash Bond, H & B Property Solutions, 1300 EI Camino Real, Colma, CA 94014 0649-9665 / 112300: G1203067, $19,900.00, SD06-09144, Landscape Improvement Insp, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 '^.'7g-----•—`".--- it„ 4 ice ?—'. �,t • :s � ..: ^i,t , . e `. c ..... �� .. 4 0649-9665 / 112300: 61203068, $8,840.00, 51)06-09144, Landscape Improvement Rev, Windemere RLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 0649-9665 / 112300: 61203071, $26,800.00, SD06-09142, Landscape Improvement Insp, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 0649-9665 / 112300: G1203073, $2,500.00, SD06-08930, Landscape Improvement Insp, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 0649-9665 / 112300: G1203075, $25.600.00, 5006-09143, Landscape Improvement Insp, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 0649-9665 / 112300: G1203078, $42,100.00, DA 04-0036, Landscape Inspection Fee, 5hapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1203079, $5,200.00, RA 05-1193, Landscape Inspection Fee, Shopell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1203081, $27,100.00, PA 04-0017 Landscape Inspection Fee, Shopell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: 61203085, $39,700.00, SD89, 07418, Cash Bond, H & B Property Solutions, 1300 EI Camino Real, Colma, CA 94014 0682-9755/ 139200: &1203253, $3,600.00, 6Q1885, Vacate Saranap Ave, Portion of County Right Away, Bethel Home Care, 1391 Juanita Dr., Walnut Creek, CA 94595 RA 05-01193(x-ref 7984) Bond rv�; 929 390 935 Any c4+n:under:his Bond should to sent to the lollpvin address: National faire Ins. Co.of Hartford 2355 E.Camelback Road,#500 IMPROVEMENT SECURITY BOND Phoenix,AZ 85016 FOR SUBDNISION AGREEMENT For Public Right of Way Landscaping (Performance,Guarantee and Payment) (Gov.Code,§§66499-66499.10) 1: RECITAL OF SUBDIVISION AGREEMENT. The Principal has executed an agreement with the County of Contra Costa(hereinafter'Ccunfy)to Instal(and pay for street drainage and other improvements in RA 05-01193(x-ref 7984)as specified In PrSubdivision Agreement,and to complete said work wilhin the time specified for comptetlon in tie Subdivision Agreement,all in accordance with Stale and local laws and rulings thereunder in order to sell*conditions for Fing of the Final Map or Parcel Map for said subdivision. Under the wens of the Subdivision Agreement,Principal is tequired to furnish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers and materialmen. 2. OBLIGATION. Shapell Homes,a Division of Shapell Indumes Inc.,a Delaware Corp. as Principal,and National Fire Insurance Company of Hartford ,a corporation organized and existing under the laws of the State of IL and authorized to transact surety business in California,as Surely,hereby jointly and severally bind ourselves,our heirs,executors, administrators,successor,and assigns to the County of Contra Costa,Caldornfa to pay It (A. Performance and Guarantee)Fifty-Five Thousand,One Hundred and 001100------__-- Dollars($ 55,100.00 )for itself or any city assignee under the above Subdivision Agreement (6. Payment) Twenty-Eight Thousand,One Hundred and 001100- ------ Dogsrs($ 28,100.00 )to Se-,Una Ne claims to which reference is made fn Title XV(commencing%ill Section 3082)of Part4 of Division(il of the Civil Code of the State o1 California. 3. CONDITION. This obligation is subject to the following condition. A. The condition of this obligation as to Seciion 2,(A)above is such that if the above bounded Principal,his or its heirs,executors,adminlsuators, successors or assigns,shalt in oil things stand to and abide by,and well and truly keep and perform the covehants,conditions and provisions In the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the lime and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless the County of Contra Costa(orcityassignee),Its officers,agents and employees,as therein stipulated,then this obligation shall became null and void;otherwise it shall be and remain In full force and effect As pad of the obf(gal on secured hereby and In addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees, including reasonable affomeys fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such oblagallon,and to be tatted as costs and included in any judgment rendered. B. The condition of this obligation,as to Section 2.(8)above,is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid Subdivision Agreement and referred to in Lhe aforesaid Civil Code(or materials furnished or tabor thereon of any kind,or for amounts due under the Unemployment insurance Ad with respect to this work or labor, and that the Surety will pay the same In an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,Incurred by the County of Contra Costa(or city assignee)in successfuly enforcing such obligation,to be awarded and fixed by the court and to be taxed as costs and to be Included In thejudgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any anal all persons,companies,and corporations entiled to file claims under Tdle 15(cdmnlenrdng with Section 3082)of Part 4 of Division 3 of the CMI Code,so as to give a right of action to them or thstr assigns in say suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void;otherwise it shall be and remain In full farce and effect. C. No charge,extension of time,alteration,oraddition to the terms of said Subdivision Agreementor the work to be performed thereunder or any ptan or speciricafions of said work,agreed to by the Principal and the County of Contra Costa for city assignee)shall relieve any Surety from liability on this bond;and consent is hereby giv=-n ',o make such change,extension of time,alteration or addition without further notice to or consent by Surety;and Surety hereby waives the provisions of Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the Principal whenever taken. SIGNED AND SEALED on August 15 2006 Shapell Homes,a Division of Shapell Industries, Inc., Principal. a Delware Corporation Surety. Natiogal Fire Insurance Company of Hartford Address: 100 N.Milpitas Blvd. Address: 2355 E.Camelback Road,Suite 500 Milpitas,CA 7jo: 95035 � nix�AZ V Zip; 85016 Print, me: C- '/zl(GL=1312/c' 4::5- Print Name: Pamela L.Stocks _ Title: VAP/2-C-571'7 Title: Attomey-in-Fact ^� T- Sec ie Ta rVl Pk: PP:Ali sfpnaluru nnr51 be aciolooledgad. Fcc mWatiors,Bao cificars must sgn. The first a�qi lure must be drat of the drakh:an of[.e board,president;or vice fxesidera:the stand signature must b2 that of the secregry,ass elan ssva aryl ch of Mania)offoer,or warstart ummurer.10y.Cade,Fj 1790 a hd Gaps.Gide,a 313.)) H>F.-.al`:.:SiLAy:'PSlxPark.i 0.1...{1 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 10th day of March,2006. GASU44 044A „ Continental Casualty Company National Fire Insurance Company of Hartford fcow°RATe �Mc a+arro American Casualty Company of Reading,Pennsylvania g $ S JULY 11, C, u. SEAL `r e OR a 1897 HARD • 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.MEDRIA • co 11 PMEIio.8/•b o/ MV • ,/ / �W�^� ' •l• • `•�.rGKA�I�/ i 1MCoovtu.si•n F.ypie 3n sin i My Commission Expires March 15,2009 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 15th dayof August 2006 . GAS lL1� o4suft OAA. Continental Casualty Company to National Fire Insurance Company of Hartford owop re £ 5%«corn- rro A American Casualty Company of Reading,Pennsylvania _ JULY 31. OV SEAL g e 1997 � t1AR�� • a Mary A.qikaiekis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On August 15, 2006 before me, Sandy Hanner-Notary Public Dale 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 names) is/sm subscribed to the within instrument and acknowledged to me that he/she/tt t executed the same inAis/her/ftir authorized capacity0es), and that by kWher/thedr signature(s) on the instrument the person(S), or the entity upon behalf of which the person($) acted, executed the instrument. WITNES my hand and offi ' seal. SANDY HAMER Commis M 0 1enaos Notaty fAr*c .CCkWWIG IGNA RE OF NOTARY L03 Anpim County W Carom.MUM.JW 2.2010 0 AL 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 (-2Q 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 of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426-8 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On August 17, 2006 before me, Janice T. Kruse,Notary Public personally appeared, J.C. Truebridge & Ken Cox personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. JIWICE T.KRUSE WITNESS my hand and official seal. 597428 Commisafon#C1 Notary 1C- olifomla _ Sarna Clara County Sign tore of Notary Public n V0ff n.EVkenAW24.20 Optional Information Title or Type of Document: Improvement Bond - Landscaping RA-05-01193, Tract 7984 Capacity Claimed by Signer: Assistant Vice President & Assistant Secretary of Shaaell Industries, Inc.