The URL can be used to link to this page

Home My WebLink AboutMINUTES - 12162008 - C.15 °� TO: BOARD OF SUPERVISORS -- --_s, Contra FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR ' Costa DATE: December 16, 2008 County srA-ctiuti SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping), Road Acceptance 05-01187, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/_zze accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 05-01187, (cross-reference Subdivision 99- 08306), project 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) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer has completed the improvements per the Subdivision Agreement (Right-of-Way Landscaping), and the accordance with the Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be accepted and the Maintenance/warranty period will not begin. Continued on Attachment: SIGNATURE. RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED AS REC MMENDED OTHER VOT F SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. BB:jc G:\EngSvc\BO\2008\12-16\RA 5-01187 BO-45 DV Landscape(SUB-RA-PA)F RM.docx Originator: Public Works(E ) n Contact: J.LaRocque(312-215) - ATTESTED: // eo' .Ov•w;//61-4e� Recording be completed by Jerk or the Board DAVID TWA Clerk of the Board of cc: Public Works -K. uruwaya Construction Div. , -1.B rgeron,Mapping Div. Supervisors and County Administrator -P.F iwards,Engineering Svc. T' October 16,2009 Chris Low,City of San Ramon 2222 Camino Ra on,San Ramon,CA 94583 Sam Worden,Shapell Homes By ,Deputy 1100 N.Milpitas Blvd.,Milpitas,CA 95035 The Continental Insurance Company 2355 E.Camelback Road,Suite 500 Phoenix,AZ 95016 Attn:Pamela L.Stocks CONTRA COSTA Co Recorder Office Recorded at theregoestnf.. STEPHEN L. WEIR, Clerk-Recorder DOC— 2008-0271092-00 Contra Costa County Board of Supervisors Thursday, DEC 18, 2008 13:21:41 Return to: FRE $0.00: : Public Works Department Tt 1 Pd $0.00 Nbr-0004282761 Engineering Services Division 1 r C/RS/1—S THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 16, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho; Bonilla, and Glover NOES: None ABSENT: None ABSTAIN: None --- —� --- ,--�— RESOLUTION NO. 2008/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) Road Acceptance 05-01187 (cross-reference Subdivision 99-08306), project 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 Main Branch Road and Bollinger Canyon Road. The Public Works Director has notified this Board that the Right of Way Landscaping Improvements in Road Acceptance 05-01187 (cross-reference Subdivision 99-08306) have been completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., heretofore approved by this Board in conjunction with the filing of the Subdivision Map. BBJc I hereby certify that this is a true and correct copy of G:\EngSvc\BO\2008\12-16\RA 05-01187 BO-45 an action taken and entered on the minutes of the DV Landscape(SUB-RA-PA)FORM.docx Originator: Public works(Es) Board of Supervisors on the date shown. Contact: J.LaRocque(313-215) Recording tobe completed by Clerk of the Board ATTESTED: cc: Public Works -K.Guruwaya Construction Div. � -L Bergeron,Mapping Div. I DAVID TWA, Clerk of the Board of Supervisors -P.Edwards,Engineering Svc. -T.—October 16,2009 and County Administrator Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Sam Worden,Shapell Homes 1100 N.Milpitas Blvd.,Milpitas,CA 95035 By ,Deputy The Continental Insurance Company 2355 E.Camelback Road,Suite 500 Phoenix,AZ 95016 Attn:Pamela L.Stocks RESOLUTION NO.2008/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) Road Acceptance . 05-01187 (cross-reference Subdivision 99-08306), project 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: December 16, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of December 16, 2008 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 BANK/SURETY June 03, 2008 The Continental Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $112,290.00, Bond No. 929 412 140 issued by the above surety be RETAINED for the six month lien guarantee period until June 16, 2009, 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-if-Way Landscaping Improvements along Main Branch Road are ACCEPTED AS COMPLETE. BE IT FURTHER RESOLVED that upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the improvements for maintenance and ownership in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $2,200.00 cash deposit (Auditor's Deposit Permit No. 502197, dated May 1, 2008) made by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. and the performance/maintenance surety for $33,357.00, Bond No. 929 412 140 issued by The Continental Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 20081 rf AWARM SURETY- RA-05-01187(cross-ref SUB 8306) Gale Ranch III INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 412 140 issued by the The Continental Insurance Company as Surety, on behalf of Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. of Milpikas, CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez CA hereinafter referred to as the Obligee, effective the 11th day of April 2008 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 12th day of. November 2008 , and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby **DECREASED** _ from the sum of Two Hundred Twenty Two Thousand Three Hundred Eighty No/100*" Dollars($ 222.380.00*** ),to the sum of Thirty Three Thousand Three Hundred Fifty Seven No/100**"` Dollars ($33,357,000*** ) IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of'the attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the sum of Two Hundred Twenty Two Thousand Three Hundred Eighty No/100*** Dollars ($ 222.380.00*** ) or for any loss occurring subsequent to said date shall not exceed the sum of Thirty Three Thousand Three Hundred Fifty Seven No/100*** Dollars($ 33,357,000*** ). In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it being the intent hereof to preclude cumulative liability. SIGNED, SEALED AND DATED this 14th day—of November, 2008 Accepted By: Shapell Homes, a Division of Shapell Industries, Inc., County of Contra sta A Delaware Corporation (Principal) By _ X By ' �� (Sal) WITSIdwSe, Iroefa'i��e By (Seal) ` The ConArheniDRI InsuranceComT � �11 ( rety) Form F4763 - - By 2 �l�- / , (Seal) Seal Attorney-in-Fact CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On November 17, 2008,before me, Allison L. Gold,Notary Public personally appeared J.C. Truebridge and Ken Cox who proved to me on the basis of satisfactory evidence to be the persons whose names 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 person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ALLISON L. GOLD. WITNESS m hand and official seal. Z COMM. # 1 CAT g y Z NOTARY PUBLIC-CALIFORNIA; SANTA CLARA COUNTY My Comm.Expires July 2,2012 1gna a of Notary Pub 1c Optional Information —Title orType of Documen : Capacity Claimed by Signer: Vice President&Assistant Secretary of Shapell Industries,Inc. r Effective 1/1/08