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Home My WebLink AboutMINUTES - 10032006 - C.11 TO: BOARD OF SL"PContra =- - FROM: MAURICE 1I. SHIC, PUBLIC WORKS DIRECTOR _45 Costa Q_. t ' Z E z - z 7 1 DATE: October 3. '_006 ColllltV C6 SUBJECT: Approving the Third Extension of the Subdivision Agreement (Right-of-Wad- Landscaping) for Subdivision 95-07984,for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries.Inc., San Ramon (Dougherty-Valle-) area. (District III) SPECIFIC REQ!=EST S i OR RECOMMENDATIONS:&BACKGROZ:\D AND 1t STTICAT:ON RECOMMENDATION(S): ADOPT Resolution No. 2006 for Subdivision 95-0.98=1,approving the Third Extension ofthe Subdivision Agreement(Right-of-Wav Landscaping),for project being developed by Shapell Industries of Northern California,a Division of Shapell Industries, Inc.. San Ramon (Dougherty Valley) area. (District R I FISCAL IMPACT: ! \one. B ACKGROLINWREASOVS) FOR RECOM-MENDATION(�jJ: The developer has not completed the xrarrant-period and the Subdivision Agreement(Right-of-WayLandscaping) has expired. CONSEOLENCES OF NEGATIVE ACTION: The Subdivision Agreement (Right-of-Wad- Landscaping) guaranteeing completion of the improvement and ,,v arrant -period will not be reneged. Continued on attachment: / SIGNATURE: ✓fRECONFMENDATION OF COUNTY ADMINISTRATOR \� _RECOMMENDATION OF BOARD COMMITTEE �.KPPROVE OTHER SIGNATURE(S): I ACTION OF Btt ON 1 c� / r, '� n/ APPROVED AS RECOMMENDED_Y__OTHER �`o:= o=SLPRS I hereby certify-that this is a true and correct L-NANIMOUS(ABSENT I copy of an action taken and entered on the i AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. L3-z G ATTESTED: 1 0A0 5 An� originator: :_-Ii_ :_:a_ es; JOHN CtiLLE\, Cferk of the Board of Contact: T.Foie U[_•__ 3i - 3�r.�� Supervisors and County Administrator C.:.T.'.-i_.�all-1 �-\.C.:]l-.:.�f.✓..S�.i=Tom.^^,: \ T-Au-at I_._N.`Upn� BI.d. 1�?%�� ` Deputy CA =t]l-S3T:ti QS.'_e Sa a;.a:Fire=:>,ra:.e Cc.—.gas_-ci Eantor - Lack:L-,id.Site : •: P:Jena.AZ `Id `_ I i i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA j Adopted this Resolution on October 3, 2)006 be the follo«ing rote: i AYES: Lilkema.Piepho.DeSaulnier. and Gioia i NOES: ABSENT: Gloxer ABSTAIN: I RESOLUTION NO. 20061' SUBJECT: Approving the Third Extension of the Subdivision Agreement (Right-of-Way- Landscaping) for Subdivision 9-5-0.984jor project being developed by Shapell Industries of Northern California. a Division of Shapell Industries,Inc., San Ramon (Dougherty-Vallex) area. (District III) I i The Public Works Director having recommended that he be authorized to execute the third agreement extension which extends theSubdivisionAgreement between Shapell Industries of Northern California,a Division of Shapell Industries,Inc. and the County-for construction of certain improvements in Subdivision 95-01.9S4.in the San Ramon(Dougherty-Valle-)area,through October 8. 2008; ♦ APPROILMATE PERCENTAGE OF WORK COMPLETE: 99°o j ♦ ANTICIPATED DATE OF COMPLETION: August?007 ♦ REASON FOR EXTENSION: Warranty Period i IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director I is APPROVED. L3•• I hereby cernfn-that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date i Originator: '.pow,iE5i shown. Contact: T.Ric 3jn_'Nc� _, - A_ 14. ATTESTED: 1 O Ab5A � cc ?utm:i;Warks-Con�'r_c:.. t" _ JOHN CLZ.LEN, Clerk of ..e Board of Supervisors and o:rnty I Cw•r,n:PL-n:i- .Ce�rr_.:r.J,: ..p::�s[ _j _,t,. Administrator I J' a�2.::n�LL71c5 of Cj:brza j -:s,, _ Deputy- \_ `-.z!F4 :n__ zc- C ra_r.;of3 ` ` / 21� azk RESOLUTIONN0.20061 I ROAD IMPROVEMENT AGREEMENT tCtl>e ll Aryv`e5, A- n(1;(Stpvt O.(_ Developer:Slx&p el I i T-AC•, q be-(awar2. Effective Date: -moi 1 I� - Development: RA 05-1203(x-ref SLB 04-98-1�TM y Completion Period: 2 year Road: Creekvieyv Place&Camino Tassaiara 47` 1 THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COU\TY DEVELOPER Maurice M.Shiu,Public Works Director By: � ltb \�L- hie :rel A-4. 4/.a _ ��tll7 RECOINLMENDED FOR APPROV. t Engineering Servic ss ivisfor' a.Te s::::e> FORM APPROVED: Victor 1.Wes[man,County Counsel a S s-1 (NOTE: all s:gra:u:es to be acknowledged. ff Subdi-ider is ircorpomted.sig-atcres m:ut ccnfamm with the designated:epiesenmr.ve groups pursmnt:o Co;orations Code S313.) � 1. PARTIES&DATE.Effective on the above dace,the County of Comra Costa,California,hereinafter called"County,"and rhe above-mentioned Developer, mutually,promise and agree as follows concerning this development. 2. LMPROVEME\TS. 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 Cosa 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 pracrces 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 govem. I 3. IMPROVEMENT SECURITY. Upon executing this agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: i A. For Performance and Guarantee: SI.300.00 cash,plus additional security,in the amount of 5 132.IC0.00 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. I 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. I B. For Payment: Security in the amount of S 66.700.00 ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented i in the form of _ Cash,certified check,or cashiers check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. i 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 ffie 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 S94-4.403 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. 1 I r �, r CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California Counts- of Santa Clara On February 9, 2006. before me. Janice T. Kruse. Notary Public personally appeared Robert D. `Ioore and Ken Cos known to me to be the persons whose name are subscribed to the within instrument and acknoss-ledeed to me that then 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 W \-ESS my hand and official seal. Commission# 1597428 w Notary Public-California \� J Santa Clara County - tSg, MVCommExpires Aug24.2ooi � v ature of tiotars-Public Optional Information Title or Type of Document: Road Improvement Aereement- R_a0a1203 Tr. I i Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of � Shanell Industries.Inc. I