The URL can be used to link to this page

Home My WebLink AboutMINUTES - 01092007 - C.06 TO: BOARD OF SUPERVISORS . `% >. Contra _ /�+ FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR � - - t;� C it DATE: January 9, 2007 County sr%t'coup 4 SUBJECT: Approving the Drainage Improvement Agreement for Drainage Acceptance 04-00035 (cross- reference Subdivision 99-08381.), for project being developed by Shapell Homes, a Division of Shapell Industries, rnc., a Delaware Corp., Danville area. (District III) SPECIFIC RFQUEST(S)OR RECOMMENDATION(S)&13ACKGROUND AND JUSTIFICATION RECOI\' NIENDATION(S): ADOPT Resolution No. 2007/ � for Drainage Acceptance 04-00035 (cross-reference Subdivision 99-08381), approving the Drainage Improvement Agreement for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR R.ECOMMENDATION(S): Drainage Acceptance 04-00035 has been reviewed and processed by Public Works staff and meets all applicable Conditions of Approval regarding drainage improvements. CONSEQUENCES OF NEGATIVE ACTION: The Drainage Improvement Agreement will not be approved. Continued on Attachment: t/ SIGNATURE: ��✓� _,, KTCONF IENDATION OF COUNTY ADI IINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE • 'A'1'ROVE OTHER SIGNATURE(S ACTION OF B t ON Ylse.Ct.y 0,90 APPROVED AS RECOMMENDED OTHER vOi E OF SUPERVISORS I hereby certify that this is a true and correct V/ UNANIMOUS(ABSENT mYl fi ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LB:vz G:'EngSvc`,BOi2007`101-09\130-20 DA 04-0035.doc ATTESTED: 01il'in:uor:Public Works(ES) Coitact:Blllllee Balangan(3)3-2188) JOHN CULLEN, Clerk o e Board of Pubic works- Construction Supervisors and County Administrator T -November 9,2007 Shapell Homes 100 N.Milpitas Blvd. Milpitas,CGS 95035 Attn:Sam Norden By , Deputy National Fire Insurance Company of Flard'ord 2355 E.Camelback Road,Suite 500 Phoenix,A7, 85016 Aun.Gina O'Shea THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 9, 2007 by the following vote: AYES: Gioia; Uilkenia, Bonilla, Glo,,•er and I'iepho NOES: None ABSENT: 'None ABSTAIN: Node' t - — --- RESOLUTION NO. 2007/ �p SUBJECT: Approving the Drainage Improvement Agreement for Drainage Acceptance 04-00035 (cross-reference Subdivision 99-08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) The following document was presented for Board approval this date for Subdivision 99-08381, Drainage Acceptance file 04-00035,property located in the Danville area, Supervisorial District M. A drainage improvement agreement with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., principal, whereby said principal agrees to complete all improvements, as required in said drainage improvement agreement,within two years from the date of said agreement. Improvements generally consist of Alamo Creek Bio-retention Cell. Said document was accompanied by security to guarantee the completion of draiiiage improvements, as required by Title 9 of the County Ordinance Code, as follows: LB:vz I hereby certify that this is a true and correct copy of an action taken G:'Fn6Svc,no•%200;•.n1-09,130-20 DA 04-0035.doc and entered on the minutes of the Board of Supervisors on the date originator:Public Works(L'S) C'untact:Billilee C3alangan(313-2188) shown. cc: Pubic works- Construction /�� T-November 9,2002 ATTESTED: 'VQ V 9, '0 z 10(1 N..�1ilp sl,apell IMillitas Bled. JOHN CULLEN� Clerk of the . and of Supervisors and County Milpitas,CA 95035 Administrator Attn:Sam Worden National Fire Insurance Company of I Iartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Gina O'Shea By , Deputy RESOLUTION NO.2007/ V SUBJECT: Approving the Drainage Improvement Agreement for Drainage Acceptance 04- 00035 (cross-reference Subdivision 99-08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) DATE: January 9, 2007 PAGE: 2 I. Cash Bond Performance Amount: $2,400.00 Auditor's Deposit.Permit No. DP 473531 Date: November 9, 2006 Submitted by: Shapell Homes, a Division of Shapell Industries, Inc.; a Delaware Corp. Taxpayer identification number: 95-2578030 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929412116 October 25, 2006 Performance Amount: $242,100.00 Labor& Materials Amount: $122,250.00 Principal: Shapell Homes NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUITION ATO. 1007/ DRAINAGE IMPROVEMENT AGREEMENT //9/0,7 Subdivision: DA04-00035(x-ref SD99-08381) Effective Date: < Developer: Shapell Homes, a Division of Shapell Industries, Inc., a Completion Period: 2 years Delaware Corp. THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director U y ,,LA)T ` . / By: (Signature) (Print Na ne an Title) `' •(� RECOMMENDED FOR APPROVAL K� d T Y R4 0OYt By: (signature) ' Engineer•ng ei Vv Vision (Print Nattteund Titk) �� f1 SSI • G1 y FORM APPROVED: Victor J. Westman,County Counsel (NOTE: Alt signatures to be acknowledged.If Developer is incorporated,signatures must confbrm with the designated representative groups pursuant to Corporations CodeS313.) PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-named Developer,mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements 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). 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 provide as security to the County: A. For Performance and Guarantee: $2,400.00 cash,plus additional security,in the amount of$242,100.00 together total one hundred percent(100°/x)of the estimated cost of the work. Such additional 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 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$122,250.00,which is fifty percent(50°/x)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 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 of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On November 1, 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. ITNESS my hand and official seal. JANICE I KRUSE ESS my ha' Commission# 1597428 1 Notary Public-California Santa Clara county tur Not Sig ture of Notary Public MY Comm.Expires Aug 24,2009 1 Optional Information Title or Type of Document: Drainage Improvement Agreement DA04-00035 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary o Shavell Industries, .Inc. ,4 COUNTY OF CONTRA.COSTA l~ DEPOSIT PERMIT - t FILE OF COUNTY AUDITOR. . OF .: r;. ,. : MARTINEZ.CALIFORNIA. Y. `t - 1 TO THE TREASURER: .. :-� ` RECEIVED FROM s. J P ublic Works ORGANIZATION NUMBER (For Cash Collection Procedures See County Administrators Bulletin.105.) DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY. AMOUNT. ACCT. Sales:Tax 100300 : 0637 . .15.77 Sale of Plans ..004530 19931. REV I . 6G0085 94.10.: Sale of Prints 6A0026: 102;35 :. Corner Records 4073-4076. 000651 9660 6LO88D 40:00 Premium Billing 9.105.1 6LO85C 128.00 P Sub 8920 CDD com Check 003520 9660 513060C1;000:00 PA 02-000.5 Acceptance Agmt.Ext 000651. .:. 61_0766 .250.00. PA 02-6001 Landscape Agmt Ext 250.00: . DA02-0003 DnagelmExt . . ... .... . . . 250.0.0 SD04-05444 Landscape Ext. 250.00, Fees & Facility use 05/06 SRVUSD 007758 9840 - 3;574: 10. . RT4 Bypass Rent :0.07566 9.191 REV. 1.6D8126 .750.00 Lease Agmt Carey Dc 000678 : 6G5575. 200:00 EF06-00603 :BA 31725 000651 9660 61_083A .53781.16; LP03-02069 BA 21866 6L0029 98.54 LP06-02012 BA 31999 253:18. TOTAL $ .` .. Acctng: G1204039-G1204050 & G1219651-G1219673 DEPOSIT `58,451.45 D e eposlt consists of following Items. Eng.Svcs: G120369.4-G1203705 COIN.and.CURRENCY ' •33.29 Records: G1219355-G1219363 CHECKS;M.O.,ETC: $ . : : 58,418:16 Invoices:912455,912457,912458,912464, 912471,912472;912482,950589,: . BANK DEPOSITS $ : FOR AUDITOR-CONTROLLER:USE ONLY..: 907876, BA'S 31725;.21866;319991 32740,32010;30250;29476,26302,31.872 DEPOSIT PERMIT DP 28806, 32234, 33012,28801., 31508, 31096, 32548,30929,23819,271619 26862 NUMBER DATE 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 Cpunty Treasury . Sighed: t ;Date`_/_/�_ Title: .�i 1 1, EXT, y' . fir De ount AudRor De ut Cou' Treasurer Rev (7- 3) ►� �o>s K�CAr CS t T C I cD 0 l S F;C�,�d�,LIZA t Moet , 0649-9665 / 112300: G1203696, $5,000.00, RA 1211, Plan check Fees, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: 61203701, $197.08, LP 03-02069, D.E. Hall, 114 Rainbow Dr, #1464, Livingston, TX 77399 0649-9665 / 112300: 61203702, Sub 8920, Old Republic Title Co, 3260 Blume Dr., Ste 120, Richmond, CA 94806 $2,125.00, Map Check $9,000.00, Improvement Plan Check 819800-0800: 61203694, $2,400.00, DA 04-00035, Cash Performance Bond, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 0682-9752, G1204039, $3,600.00, 6X1886, APN 198-220-018, Vacations, Nicholas S. Hellmann, Susan D. Desmond-Hellmann, 1985 Las Trampas Rd., Alamo, CA 94507 0682-9531, G1219670, $12,362.00, FEMA 1628, State of California, Office of Emergency Services, 3650 Schrieven Ave., Mather, CA 95655-4203 Development: DA04-00035 (x-ref SD99-08381) Bond No: 929 412 116 Premium: $1,816.00 IMPROVE,M.ENT SECURITY BOND Alamo Creek FOR DRAINAGE IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499- 66499.10) 1. RECITAL OF DRAINAGE IMPROVEMENT AGREEMENT: The Developer (Principal) has executed an agreement with the County of Contra Costa, California to install and pay for drainage and other improvements DA04-00035 (x-ref SD99-08381) and to complete said work within the time specified for completion in the Drainage Improvement Agreement, all in accordance with State and . local laws and rulings. 2. OBLIGATION: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., as Principal, and National Fire Insurance Company of Hartford ,acorporation organized existing under the laws of the State of It_ 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 as follows: A. Performance: Two Hundred Forty Two Thousand One Hundred and 00/100($242,100.00)for the County of Contra Costa or any city assignee under the above County Road Improvement Agreement, plus B. Payment: One Hundred Twenty Two Thousand Two Hundred Fifty and 00/100($122,250.00)to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A)above is such that if the above bonded Principal or heirs,executors, achninistrators,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 it or its part,to be kept acid performed at the time and in the manner therein specified and in all respects according to their true intent wind meaning and shall indemnify and save harmless the County of Contra Costa(or city assignee)officers,agents and employees, as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in frill force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees, including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee, in successfully enforcing such obligation, all to be taxed as costs and included in any judgement therein rendered. 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 Harmer,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 15th day of August,2006. GASIIq�T 114SU84A o A►n� Continental.Casualty Company C, .� ` F ,�a� a' National Fire Insurance Company of Hartford f- pOPPORArp S�p S,�cafPa+arFo American Casualty Company of Reading,Pennsylvania OV t� s t 1ULY 1y02I SEAL 1897 HARD Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 15th day of August,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.MEDINA . • Notry Public,St.t•of Illinois • i My Commission Expim 3115109 : �/H 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 25th dayof October 2006 . 0AsZ T 0SUR4 Continental Casualty Company National Fire Insurance Company of Hartford zk' eORPO'lArri S a, . 5 ,�s a+atFo American Casualty Company of Reading,Pennsylvania Ov cu SEAL A < l I. 1897 HAi1� Mary A.Rikaj@kis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On October 25, 2006 before me. Sandy Hanner-Notary Public Date NAME. TITLE OF OFFICER.. 'JANE DOE. NOTARY PUBLIC' personally appeared Gina O'Shea 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 name( isheee subscribed to the within instrument and acknowledged to me that k+ae/she/th" executed the same in)bis/her/ authorized capacityli w), and that by bans/her/fto signature(b) on the instrument the person(!), or the entity upon behalf of which the person(a) acted, executed the instrument. WITNES y hand and o ' ' I seal. lieSANDY HANNER Conrvnbslon#r 1672602 Notary RAft -Cdfornlo SIGNATURE OF NOTARY La Angelet County My Comm Eq*u Jul 21,2010 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 OA TYPE OF DOCUMENT (,) PARTNER(S) (_) LIMITED (_) GENERAL NUMBER OF PAGES (-x,-) ATTORNEY-IN-FACT (_) TRUSTEE(S) (�) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) _Natinnol Fire Insiimnre Company of Hartford SIGNER(S) OTHER.THAN NAMED ABOVE G-107426.8. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On November 1,2006, 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. WITNESS my hand and official seal. JANICE T KRUSE T.=KRUSE #1 '� ... Commission#1597428 Notary Public-California Santa Clara County My Comm.Expires Aug 24,2009 Si ature of Notary Public Optional Information Title or Type of Document: Security Bond -#929412116 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary o Shat)ell Industries, Inc.