HomeMy WebLinkAboutRESOLUTIONS - 10142008 - 2008/680THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 14, 2008 by the following vote:
AYES: SUPERVISORS GIOIA,
UILKEMA, PIEPHO AND BONILLA,
NOES: NONE
ABSENT; SUPERVISOR GLOVER
ABSTAIN: NONE
RESOLUTION NO. 2008/ ri 0
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Road
Acceptance 06-01211 (cross-reference Subdivision 04-08856), being developed
by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., as
recommended by the Public Works Director, San Ramon (Dougherty Valley)
area. (District III)
These improvements are approximately located near Bollinger Canyon Road at
Dougherty Road.
The following document was presented for Board approval this date for Road Acceptance
06-01211 (cross-reference Subdivision 04-08856), 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 Ordinance Code, as follows:
I.Cash Deposit
Deposit Amount: $1,000.00
Deposit made by: Shapell Homes; a Division of Shapell Industries, Inc., a
Delaware Corp.
Auditor's Deposit Permit No. and Date: 507508 July 31, 2008
PE:jcG:\EngSvc16012008\IO•l41RA 06-01211 80-16 FORM.docx I hereby certify that this is a true and correct copy of an
Originator: Public Works(ES)action taken and entered on the minutes of the Board ofContact: Monish Scn(313-2187)
cc: Public Works—K,Guruwaya,Construction Supervisors on the date shown.
Current Planning,Department of Conservation and Development
T—August 14,2009(P I) 4
Chris Low,City
a
San Ramon ATTESTED: Oer G .7 z2222CaminoRamon,San Ramon,CA 94583
shop°"Homes
100 North Milpitas Blvd. DAVID TWA, Clerk of the Board of Supervisors and
Milpitas,CA 95035 County AdministratorAttn:Steve Savage and Sam Worden
The Continental Insurance Company
2355 East Camclback Road,Suite 500
Phoenix,AZ 85016 By Deputy
Attn:Pamela L.Stocks
RESOLUTION NO.2008/ L
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Road
Acceptance 06-01211 (cross-reference Subdivision 04-08856), being developed
by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., as
recommended by the Public Works Director, San Ramon (Dougherty Valley)
area. (District III)
DATE: October 14, 2008
PAGE: 2
II. Surety Bond
Bond Company: The Continental Insurance Company
Bond Number.and Date: 929 454 551 July 11, 2008
Performance Amount: $31,000.00
Labor & Materials Amount: $15,500.00
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.
RESOLUTIONNO. 2008)a6
SUBDIVISION AGREEMENT
Right of Way Landscaping)
Government Code§66462 and§66463)
I1
Subdivision: RA 06-01211 (x-ref SD 04-08856) Effective Date: PGfy6er /
i
Z B
5HA?Ea HOMESI s4-DfVt51 J OF Completion Period: 2 years
Subdivider: 5HA?Eti WIDIUSTRIES WC,
1,
4 1 t AuLAWCaep
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
II5pelIHCW !3, q d JtS I M 0
Julia R. Bueren, Public Works Director
Y signature)1I : !
print name& ige ^/ 7
FOR APPROVAL:
r 1
C~
VVBy:
Engineering Services ivision print name&Us)F Cdy`
i f Ssf• se( y
FORM APPROVED: Victor J.Westman, County Counsel
NOTE:All signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code§313.)
1.PARTIES & DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County,"and the
above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision:
2.IMPROVEMENTS. Subdivider 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 subdivision 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).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code§§66410 and following), 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 Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Code, provide as security to the County:
A.For Performance and Guarantee: $$1.000.00 cash,plus additional security,in the
amount of $ $31.000:00 which together total one hundred percent(100%)of the estimated cost of
the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B.For Payment: Security in the amount of$ $15.500.00 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
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to'them,or to the Subdivider.
C.Upon acceptance of the work as.complete by the'Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408,of the Ordinance Code.
4.GUARANTEE AND WARRANTY OF WORK. Subdivider 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 afterthe Board of Supervisors accepts the work as complete
in accordance with Article 964.6,"Acceptance",of the Ordinance Code. Subdivider 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.
5.PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants;replacing unsuitable plants,doing weed,rodent and
other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant
establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County.
6.IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any
respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7.NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8.INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A.The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,officers,agents,and employees.
B.The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred orthreatened
because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of
these, and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said
improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning
said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by
this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D.Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent orwillful misconduct of
any Indemnity.
9.COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
it. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and
subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,'
surveys, contract,overhead,etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the
County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work, Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in
territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter
of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
kw:lap
G:1GrpData%EngSvcTorms\AG WORDVIG-30A.doc
Rev.May 18,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On July 17. 2008 before me, Smiley K. Sandhu Notary Public, personally
appeared J.C. Truebridge and Ken Cox
who proved to me on the basis of satisfactory evidence to
be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that helshe/they
executed the same in hisAaer/their authorized capacity(ies),
and that by hisAaer/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
SMILEY K.SANDHU
t
Notary PeiacaMOM1 I certify under PENALTY OF PERJURY under the laws of
Santa Clara courtly the State of California that the foregoing paragraph is trueaimycorm.aom=!!,2 and correct.
WITNESS my hand and official seal.
Seal) Signature t^
UFidVWt,H V3JfMt
MAtC2t q noiuimmo:)
oinwtito-O-30MA yiatoYt a-
ytnuod otol:)otno8
OS,dS fqA teikp3.mmol yM
Emelda Sharp/COB/CCC To jwate@pw.cccounty.us
10/10/2008 04:35 PM cc
4P-
160
bcc
Subject Board Orders for October 14,2008
Joellen:
C.6 The Deposit Permit is not attached to the Board order
and Resolution.
Emelda L. Sharp
Clerk of the Board
Subdivision: RA 0110121 I(X-REF SD 8856)
Bond No.: 929 454 551
Premium: $140.00 (Annual)
Gale Ranch IV
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
Performance, Guarantee, and Payment)
Calif. Government Code sections 66462 and 66463)
1 . RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the
County to install a d pay for public right of way landscaping, and other related improvements in
Subdivision RA 06-01211 (XREF SD 8856), as specified in the Subdivision Agreement (Right-of-
Way Landscaping), and to complete said work within the time specified for completion in the
Subdivision Agreement (Right-of-Way Landscaping), alt in accordance with State and local laws and
rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said
Subdivision.
2 . OBLIGATION: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp, as Principal,
and The Continental Insurance Company a corporation organized existing under the laws of
the State of PA and authorized to transact surety business in California, as
Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California,to pay it:
A. Performance and Guarantee: Thirty One Thousand Dollars ($31,000.00) for itself or any
city-assignee under the above County Subdivision Agreement(Right-of-Way Landscaping).
B. Payment: Fifteen Thousand Five Hundred Dollars ($15 5, 00.00) to secure the claims to
which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division
III of the Civil Code of the State of California.
3 CONDITION: This obligation is subject to the condition set forth on the reverse side hereof.
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs, executors, administrators, successors or assigns, shall in all things stand
to and abide by, and well and truly keep and perform the covenants, conditions and provisions in
the said agreement and any alteration thereof made as therein provided, on is or its part, to be
kept and performed at the time 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 (or city assignee), its officers, agents and employees, as therein stipulated, then this
obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's
fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
other persons employed in the performance of the aforesaid agreement and referred to in the
aforesaid Civil Code for materials furnished or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to such work or labor, that said surety will
pay the same in an amount not exceeding the amount herein above set forth, and also in case suit
is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as
costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons, companies and corporations entitled to file claims under Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or
their assigns in any 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 force and effect.
C. No alteration of said Acquisition of Off-Site Right-of-Way Agreement agreed to by the Principal
and the County shall relieve any Surety from liability on this bond; and consent is hereby given
to make such alterations without further notice to or consent by Surety; and the Surety hereby
waives the provisions of California Civil Code §§ 2819, and holds itself bound without regard to
and independently of any action against Principal whenever taken.
SIGNED AND SEALED on July 11, 2008
Shapell Homes;a Division of
PRINCIPAL: _Shapell Industries, Inc., a Delaware Corp.SURETY: The Continental Insurance Company
ADDRESS: 100 N. Milpitas Blvd. ADDRESS: 2355 E. Camelback Road, Suite 500
CITY: Milpitas, CA ZIP: 95035 CITY: Phoenix,AZ ZIP: 85016
BY: Z-7444,41 4t_
PRINT NAME: Pamela L. StocksPRINTNAME: L- 7
TITLE: FA TITLE: Attorney-in-Fact
MW BY:Alffx
GAEngSvc\Forms\BN WORMBN-12A.docnRev.June 17, 1999
PRINT NA E AND TITLE: fes. ` aq
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania corporation,is a duly organized and existing
corporation having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed
hereby make,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Harmer,Gina O'Shea,Individually
of Sherman Oaks,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its
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 the corporation 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 Board of Directors of the corporation.
In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal
to be hereto affixed on this 22nd day of November,2006.
tijjgU•.The Continental Insurance Company
00,
Z goo O•
Thomas P. Stillman Senior Vice President
State of Illinois,County of Cook,ss:
On this 22nd day of November,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 The Continental Insurance Company,a Pennsylvania
corporation,described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument
is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto
pursuant to like authority,and acknowledges same to be the act and deed of said corporation.
OFFICIAL SEAL' ;
MARIA M.MEDINA
Notary PlUbfie,State of Illinois
My Commiaaon Spin 3/16109
My Commission Expires March 15, 2009 Maria M. Medina Notary Public
CERTIFICATE
I,Mary A. Ribikawskis,Assistant Secretary of The Continental Insurance Company,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 corporation 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 corporation this
11th dayof July 2no2
N,1N3fj'Q•.The Continental Insurance Company
9,f,•.n;
Z roo O;
i'•
Mary A. R ika kis Assistant Secretary
Form F6850-11/2001
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: I
zr
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the company.
Article VI-Execution of Documents
Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice
President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of
policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations
set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors,the President or any Executive or
Senior Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13`h day of January, 1989:
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On July 11,2008 before me,Beverly A. Hall, Notary Public
Date Here Insert Name and Title of tho officer
personally appeared Pamela L. Stocks
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) isAW subscribed to the
within instrument and acknowledged to me that
N?§/she/*Wexecuted the same in hWher/iv*authorized
capacity and that by Wher/*KkKsignature(s) on the
instrument the person(g), or the entity upon behalf of
which the person(o acted, executed the instrument.
Kmr A. 111,114111.
CowwM*d e• 17171 0 1 certify under PENALTY OF PERJURY under the laws
No"dow'C of the State of California that the foregoing paragraph is
w
Los An@WW Cow*true and correct.
WITNESS my hand and official sal.
Notary Seal Signature Sign re of Notary Public
veve tc t g ieobslmmo
Ito*• WN"votow
rinaa e8fagnAryry
pp0,;,
1
qt
MmRvlo g1'
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On July 17. 2008 before me, Smiley K. Sandhu Notary Public, personally
appeared J.C. Truebridge and Ken Cox
who proved to me on the basis of satisfactory evidence to
be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that helshe/they
executed the same in hislpeNtheir authorized capacity(ies),
and that by hislhe/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
SMILEY K.SANDNU
coSMILEYo.a
NDHU
a. I certify under PENALTY OF PERJURY under the laws of
Notary Cai"a the State of California that the foregoing
Santa ClamCouPoy
9 g paragraph is true
My Comm.Ex0m Apr 2a,20
y
and correct.
WITNESS my hand and official seal.
Seal) Signature
UHGOA?.A y3J!MZ
PCPLCZ( k%noivJmmo
ylnuoJ DIDI:)OfnO2
POOS,OS tqA astigx3.mmol yM