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Home My WebLink AboutRESOLUTIONS - 10032006 - 2006-621 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/ 01-� SUBJECT: Approving the Third Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 95-07984,'for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries,Inc., San Ramon (Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the third agreement extension which extends the Subdivision Agreement between Shapell Industries of Northern California,a Division of Shapell Industries,Inc. and the County for construction of certain improvements in Subdivision 95-07984,in the San Ramon(Dougherty Valley)area,through October 8, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% e ANTICIPATED DATE OF COMPLETION: August 2007 ♦ REASON FOR EXTENSION: Warranty Period IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LB:vz I hereby certify that this is a true and correct copy of an action taken G:\Eng$vc\BO\2006\10-03\SD 95-7984 BO-1 Ldoc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) Shown. Contact: T.Rie(313-2363) Bond NolDate:929247987(August 14,2002) ATTESTED: 1.40/b2/0 C. T cc: Public Works—Construction JOHN CULLEN, Clerk of the Board of Supervisors and County Current Planning,Community Development T—August 8,2008 Administrator Shapell Industries of Northern California 100 N.Milpitas Blvd. Milpitas,CA 95035 F Atm:Sam Warden , Deputy National Fire Insurance Company of Hartford 2355 E,Camelback Raid,Suite 500 Phoenix,AZ 85016 Atm:Pamela L.Stocks RESOLUTION NO.2006/ ROAD IMPROVEMENT AGREEMENT Developer:S(n0.p etl 3--rAwc.VkS ) T-Ae-,I Bi 1De jmxar+L Effective Date: /I C.ocf�. —�2�4 Development: RA 05-1203(x-ref SUB 04- Completion Period: 2 year Road: Creekview Place&Camino Tassaiara THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director By: - j s / l.- • \� (signature) Ilk (print name&ti te) /'_ F�hi,S S.T. e C,. RECOMMENDED FOR APPROV 1i�1 n By: (signature) Engineering Servic s ivis on (print name&title) {2 0 b eta Q, M o 4 FORM APPROVED: Victor J.Westman,County Counsel A"S S v ' P. (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures mast conform with the designated representative groups pursuant to Corporations Code S313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup ,"and the above-mentioned Developer, mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements (hereinafter called "work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $1.300.00 cash,plus additional security,in the amount of$ 132,100.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: _Cash,certified check or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 66.700.00 ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance," of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. Z CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On February 9, 2006, 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. JANICE T.KRUSE WITNESS my hand and official seal. Commission# 1597428 Notary Public-California Santa Clara County My Comm.Expires Aug 24,200 Signa ure of Notary Public Optional Information Title or Type of Document: Road Improvement Agreement- RA051203 Tr. Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shavell Industries.Inc.