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Home My WebLink AboutMINUTES - 10032006 - C.12 TO: BOARD OF SUPERVISORS ,��T F.. Contra � FROM: MAL-RICE M. SHIL . PUBLIC WORKS DIRECTOR <! Costa .. -: o L _a DATE: October 3, 2006 �- Countv V I SL-BJECT: Accepting completion of landscape improvements for Subdivision Agreement(Right-of-Way Landscaping) for Subdivision 03-08690, for project being developed by Shapell Industries of Northern California, A Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty-Valley) area. (District III) SPECIFIC RECCES:+S;GR RECO\l.lE\DAT:OX j:&BACKGROUND AND=L:-STIF:CAT10\ RECO'NIMENDATION(S): ADOPT Resolution\o. '-006�7�for Subdivision 03-05690, accepting completion of improvements for Subdiv inion Agreement(Right-of-��'a-Landscaping),for project being developed by Shapell Industries of ti orthem California,A Division of Shapell Industries,Inc.,a Delaware Corp.,San Ramon(Dougherty Valley)area. (District III) FISCAL IMPACT: \one. BACKGROUNDiREASON(S) FOR RECOMMENDATION-61: The developer. Shapell Industries of\orthern California,A Division of Shapell Industries,Inc..a Delaware Corp.. has completed the landscape improvements per the Subdivision Agreement (Right-of-Way Landscaping). and in accordance with the Title 9 of the County Ordinance Code. CONSEOtiENCES OF NEGATIVE ACTION: The completion of improvements will not be accepted and the maintenance warranty period will not begin. Continued on attachment: ✓ SIGNATURE: ✓�^�t� ✓IFECONINIENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOA."COMMITTEE tiXPPROVE OTHER SIGNATCRE(S): A is X��il�G�✓ I ACTION OF BOY(to ON APPROVED AS RECOMMENDED�_OTHER -OTE OF SUPE ISORS �[ L-NANINIOUS(ABSENT t I hereby certifi that this is a true and correct AYES: NOES: copy-of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Super-visors on the TR:� _ date shown. GConlacc . Originarr: Pv::E:itis=<:[ES} cc P_:s:: -s -.A-3c::. -P Tx_,xy..'sTI :ATTESTED: )b /O 3 `_ "`:=D vJOHN CULLEN. Cferk of the Board of ---...-<<_.-_,,, c..= .__r Supervisors and Count-Administrator CH- =Car_-c.2a-�^.\�-Vii:u'1 Ca Y ,.?£;r�3c� I --� e Deputy .::: .c ,-.-s A::, =c:_r__1 E c_: 4a I Recorded at the request of: Cor---a Cos:-_Ccur._- Bo--rd a S=c:V:S Ys - Return to: Ps__:":orkz Dep=rrre nt - Encxoerns Sere_e_Divisan I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA I I Adopted this Resolution on October 3, 2006 by the following rote: TES: C;ilkema. Piepho.DeSaulnier. and Gioia NOES: ABSENT: Glover ABSTAIN: RESOLtiTIO\NO. 20061' b0 D 7 SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-WayLandscapingfor Subdivision 03-03690,for project being developed by Shapell Industries of'Northern California,A Division of Shapell Industries,Inc.,a Delaware Corp.. San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near'North Monarch Road. The Public Works Director has notified this Board that the Right of Wav Landscaping improvements for reference Subdivision 03-OS690. have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping]with Shapell Industries of'Northern California, A Division'of Shapell Industries, Inc.. a Delaware Corp.,heretofore approved by this Board-- TR: z G:EnaSc.B0 -o:_-+r SD -+59+_BO-;DV i Lancsc-2e d3 Originator: . is Wodcs;ES; Contact: Tc--i R'.c Recording to he completed b.COB I.D.r-2 -K'M. cc: Pub is::-c -A.Be-;:.c,:,-_:rc_ zn D'.c. I hereby certify that this is a true and correct cope of an P-T : n=;,M&T'--19 action taken and entered on the minutes of the Board of 1.Be.e on,\lanp:ns Dir. T.Ric. eerl _S.c. Supers isors on the date shown. T —Au_u=t?.'I - Sire: Z: ::ol Di:.con rr a^der ATTESTED: CSP._:e Al � CSAR-Ca-.toe JOHN CL-L.LEN, Cferk of the Board of Supervisors and C :s Lo .Cay or Sang Ramon 2222 Cam-no Ramon.Sa:I Ramon,CA y_=S COumv Administrator Shape.:Icdc -.r:es o[Nonhem.Cz:ifrTia I�-V S.M ii^_.;s Blvd. _ Ari:!'.m Go52 ac--Sar:':Wer—C7. Uq- - \ �� .Deputy \alio-al Fire'.=-c--ace Corpan:o:Hartford 2=-=E \\ Pr;oe.A.AZ Salo I RESOLUTION\O._006.' ��— I I SUBJECT: accepting completion of landscape improvements for Subdivision Agreement � (Right-of-Way Landscaping)for Subdivision 03-08690,for project being developed by Shapell Industries of-Northem California,A Division of Shapell Industries,Inc.,a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) DATE: October 3, 2006 PAGE: NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of October 3, 2006 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement (Right of Way Landscaping): DATE OF AGREEMENT -NAME OF SURETY April 19, 2005 -National Fire Insurance Company- of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for S1'-4.051.00. Bond\o. 9293484'6 issued by the above surety be RETAINED for the six month lien guarantee period until April 3, 2002, 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 the Right-of-Way Landscaping improvements for Subdivision 03-08690 are ACCEPTED AS COMPLETE. Upon completion of the warrants-and maintenance period, the San Ramon Cite Council shall accept the landscape improvements for maintenance in accordance with the DouQhert Vallev Memorandum of 1✓nderstandinQ. I BE IT FURTHER RESOLVED that the beQinnine of the warranty and maintenance period is hereby established. and the S2.500.00 cash deposit(auditor's Deposit Permit-No. 436206, dated December 16, 200.3) made by Shapell Industries of-Northern California, and the performance maintenance surety bond rider for S36,840.00, Bond No. 9293484'6 issued by National Fire Insurance Company of Hartford 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. I I I I I - I CNA SURETY Tract 8690. Gale Ranch II I INCREASE - DECREASE RIDER h TO 6E A T TACHED TO and form paK 929 348 476 o`Bond Number issued by the National Fire Insurance Comrary of Hartford as Surety, o: behalf of Shaoell ,ndust.9es of Northern Califo nia.a Dwsior of Shapell Industries. I^c.,a De:a::are Corp. 0- Milpitas. CA hereinafter re-errec to as the Frincioal. and in favor o` County of Contra Costa of Martinez. CA , hereirafter referred to as the Obligee, elective the 3rd day of _ December 2004 . IN CO%SIDERATION of;he premium charged `:or the aaached bond and other good and valuable consideration it is understood and agreed that effect:ve the 22nd day Cf Auaust 2006 . and I I subject to all the terms. conditions and lira-rations of the at ached bona. tie -Pena sura thereof shati be and the sane is hereoy **DECREASED** '-om:ne sum of Two Hundred Forty Five Thousand Six Hundred Two Noll 00*** Dollars(S 245.602.00`*' � to the sum cf Thirty Six Thousand Eight Hundred Forty Noll 00*** Dol ars (S 36.840.00*** j. IT IS FURTHER JND_RSTCOC and agreed that subject to all the terms: conditions and irritations of the i attached bond. the aggregate .iaziioty of the Surety for ary loss occurring prior to said date shali rot exceed the sura c' Two Hundred Forty Five Thousand Six Hundred Two No:100*** Dolars(S 245.602.00*** i or for any loss occurring subsequent o said date shall rot exceed the sum of Thirty Six Thousand Eight Hundred Forty Noll 00` Dollars(S 36,840.00*** f. In no event, ncwever, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it beira tie intert hereof to preclude cumu,a::ve liability- i S.GNED. SEALED AND DATED this 28thday of August. 2006 i Accepted By: Shane•'. Irdustries of Northern.Cal for;a,A Dvision of Shaoell Indusmes• Inc.. County of Cont Costa A Deaware Corporation ;pr. clog'; r % I By By ! 7�1/'✓t(� (Beall / C��Truebridge, A�t. V.P. l sy //LXX (Seal: a Ken Cox, Asst. Sec. National Fire Insurance Company of Hartford By aw• _ ;mea') Gin((O'Shea, .o---r-Fa-* POWER OFATTORNEY APPOINTING INDIVIDC:AL ATTORI EY-I\-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an i 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 I of Sherman Oaks,Ca,their true and lawful Attorney(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 Attomey is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the revere 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 Starch,2006. GAS lL�r 1MSUR4 Continental Casualty Company National Fire Insurance Company of Hartford zk rARPO't'*ems s00rp+ar4r0 American Casualty Company of Reading,Pennsylvania =O 2 a S JULY 11. , u SEAL r e 1962 a 1897 MARS • Thomas P. Stillman Senior Vice President State of Illinois.County of Cook,ss: On this 10th day of Starch,2006.before me personally came Thomas P.Stillman to me known,who,being by me duly swom,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_MEDNA . Rm.,y waK,auft of iwb. �\� �•` _ / err Cwmi.wn+•:.o:«9/16AK : j rn.(.a(..C/�./ � Sty Commission Expires Starch 15,2009 'Maria M.Medina Notary Public I 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 28th day of august 2006. GAS B<> tusua4Continental Casualty Company National Fire Insurance Company of Hartford `# GWORAre ' %*CW°wrro American Casualty Company of Reading,Pennsylvania �u SEAL g �, + e OR 1897 Q` OHMA • N""'•t Mary A.Ribikaiekis Assistant Secretary Form F6853-11'2001- • I - i I State of California County of _ Los Angeles On August 28,2006 before me. Sandy Hanner- Notary Public i 00te NAME, TITLE OF OFFICER.- '.,ANE OOE. NOTARY PUBLIC' personally appeared Gina O'Shea NAME(S)OF SIGNER(S) {x) personally known to me - OR - (T) proved to me on the basis of satisfactory evidence to be i the person(s) whose name( is/Am subscribed to the within instrument and acknowledged to me that ke/she/VMW executed the same in)bis/her/WjW authorized capacityW), and that by kis/her/thew signature(s) on the instrument the person(g), or the entity upon behalf of which the person(a) acted. executed the instrument. WITNE7S.4fty hand and offici al. SANDY HANNfR - - I ,, Commksion C 1672602 Ui "a Notary Public Catifotnw q SIGNATURE OF NOTARY ; Los Arlt Courtly [( rely crarmn.r Ada.aa10;f�' cam.• -_ �` - .•.�.. ,y..®-•c� 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 I SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Natinnal Fira Incurnnr-e rmmnanv of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426-8 i I CALIFORNIA ALL PURPOSE ACICNO`VLEDGMENT State of California I County of Santa Clara I On August 29. 2)006 before me. Janice T. Kruse,Notary Public personally- appeared. J.C. Truebridge & Ken Col 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. JANICE t.KRUSE i _ Commisslon#1597428 WITNESS my hand and official seal. Notary Public-California > _ Santa MFG County 11 f��`✓ MyComm.E reaAugza.a SiwAire of\otary Public Optional Information Title or Type of Document: Decrease Rider Tract 8690 - Gale II Capacity Claimed by Signer: Assistant Vice President & Assistant Secretary- of i Shanell Industries.Inc. I i --- -- - - . I ROAD 6tPROVEMEYT AGREEMENT Developer: Shanell Homes.a Division of Shaoell Industries.Inc..a Effective Date: Delaware Corn. / ! ! Completion Period: 2 years Development: RA 06-1208(x-ref SL-B 8856) Road: Dougherty Road i-Northern Half) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Worsts Director By: RECOMMENDED FOR APPROVAL i ' n ! By: Engineering ge* tc s i �u FORM APPROVED: Victor J.W-estrnan.County Counsel (NOTE: All signanms m to ackaowted�ed it Subdividers inmrtaa:ed,sig an:-ei must conform with the des:y ated represerraace groups pursuant m Corporations Code S3 i J.) I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County_,"and rhe above-mentioned Developer, mutua.ly promise and agree as follows concerning this development: i LMPROVEMEATS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping,and such other improvements(mcluding 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 therem). I 1 Developer shall complete said work and improvements (hereinafter called "work')within the above completion period from date hereof in a good j 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 govem. 3. ]IMPROVEMENT SECLWTY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security:o the County: A. For Performance and Guarantee: 5112.900.00 cash,plus additional security,in the amount of$11.1732500.00 whichiogetheraitalone hundred percent(1 GO%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. XX Acceptable corporate sure*bond. i Acceptable irrevocable letter of credit. With this security, the Developer guarantees performance under this Agreement and maintenance of the work for ore year atter its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Secunty in the amount of S 5.642.700.00_ which is fifty percent(5011S)of the estimated cost of the worl.k. Such security is presented in the form of: Cash,certified cieck,or cashiers check XX 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 a d upon request of the Developer,the amount secunues i may be reduced it accordance with 594-4.406 and 5944.408 of the Ordinance Code. i 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or worrananship and shall perforin satisfactorily for a period of one-year from and after the Board of Supemisors accepts the:cork as-c3mplete in accordance with Article 96-4.6,"Azceptance." � of the Ordinance Code. Developer agrees to correct repair.or replace.at his expense,an_defec-s in said work. I I CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT i State of California I Count- of Santa Clara On August 8, 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 the}_ executed the same i in their authorized capacities, and that by their signature on the instrument. the persons or the entity upon behalf of w=hich the persons acted. executed the instrument. i JANfCE t KRUSE WITNESS mi-hand and official seal. Commission#1597428 _ Notary Public-Calitornla Santo Claa County WComm.Eames�2a,ztm9� Sigliature of-otary Public I _ Optional Information Title or Type of Document: Road Imorovement Aereement RA061208. Tract. 8856 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of I Shanell Industries.Inc. I = I I I I I