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Home My WebLink AboutMINUTES - 01062009 - C.12 s ` TO: BOAContra OF SUPERVISORS '` - `'�-=-�F t � FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR ¢ Costa DATE: January 6, 2009 County SUBJECT: Amending the Subdivision Agreement (Right-of-Way Landscaping) for SD 04-08700, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2009/S� amending the Subdivision Agreement (Right-of-Way Landscaping) for SD 04-08700, for project 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) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer partially completed the required landscape improvements and requested a reduction of the bonding obligation proportionate to the remaining work, which will be competed when economic conditions improve. CONSEQUENCES OF NEGATIVE ACTION: The bond obligation will not be reduced and the Bond Rider will not be accepted. Continued on Attachment: SIGNATURE- 1;�� !FlkECOMMENDATION OF COUNTY ADMINISTRATOR ARECOMMENDATION OF BOARD COMMITTEE PPROVE _OTHER SIGNATURE (S): ACTION OF BOARD ON Ow APPROVED AS ECOMMENDED OTHER vOT OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT OYJtI ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. BBJc G:\EngSvc\BO\2009\01-06\SD 04-08700 BO-I I FORM.docx Bond No/Original Date:024028221 July 11,2007 ATTESTED. 9 Originator: Public Works(ES) Contact: J.LaRocque(313-2315) DAVID TWk/, Clerk of the doard of "` Current worksing, r°cu°° Supervisors and County Administrator Curren Planning, Department of Conservation and Development Shapell Humes,Attn;Jim Worden 100 N.Milpitas Blvd., Milpitas,CA 95305 ' Liberty Mutual Insurance Company 505 S,Main St.,Ste.830,Orange,CA 92868 By , Deputy Attn:Pamela L.Stocks Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 6, 2009 by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla, and Glover NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2009/ �p SUBJECT: Amending the Subdivision Agreement (Right-of-Way Landscaping) for SD 04- 08700, for project 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 right of way landscaping improvements are approximately located on South Wedgewood Road and Lucy Lane, San Ramon (Dougherty Valley) area. The following substitute security to guarantee the completion of Subdivision right-of-way landscape improvements as required by Title 9 of the County Ordinance Code was presented for Board approval this date, January 6, 2009. -Security with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., as principal in the form of a corporate surety bond rider (Bond No. 024028221) dated November 25, 2008 and issued by Liberty Mutual Insurance Company in the amount of $150,900.00 for faithful performance. ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 75% ♦ ANTICIPATED DATE OF COMPLETION: 2010 ♦ REASON FOR AMENDMENT: The remaining subdivision right of way landscape. improvements will be deferred until economic conditions improve. NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement (Right-of-Way Landscaping) approved by the.Board on September 11, 2007, is hereby AMENDED to allow the performance/maintenance bond rider for the above-mentioned corporate surety bond. BBJc I hereby certify that this is a true and correct copy of an G:\EngSvc\BO\2009\01-06\SD 04-08700 BO-I I FORM.docx action taken and entered on the minutes of the Board of Bond No/Original Date:024028221 July 11,2007 Supervisors on the date shown. Originator: Public Works(ES) p Contact: J.IaRocque(313-2315) y��r�� / •�/fuJ cc Public Works-Construction •_- ��T r%�� Current Planning, ATTESTED: m Department of Conservation and Development DAVID T Clerk oft Board of Supervisors and Shapell Homes,Attn;Jim Warden - 100 N.Milpitas Blvd., Milpitas,CA 95305 County Administrator Liberty Mutual Insurance Company 505 S,Main St.,Ste.830,Orange,CA 92868 Atm:Pamela L.Stocks Chris Low,City of San Ramon By Deputy 2222 Camino Ramon,San Ramon,CA 94583 RESOLUTION NO:2009 Liberty Interchange Corporate Center 450 Plymouth Road,Suite 400 UtLidlrM Plymouth Meeting,PA 19462-1644 Ph.(610)832-8240 T-8700 INCREASE / DECREASE RIDER Rider to be attached to and form a part of Bond Number 024028221 dated the 11th _ day of July 2007 issued by Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as Surety(the"Surety"), on behalf of Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. as principal (the"Principal"), in favor of County of Contra Costa as obligee (the "Obligee"). It is understood and agreed that the penal sum of the attached bond is hereby ***DECREASED*** from Five Hundred Seventy Five Thousand Nine Hundred Noll 00*** ($ (increased/decreased) 575,900.00*** _) Dollars, to One Hundred Fifty Thousand Nine Hundred No/100*** ($150,900.00*** ) Dollars. This change is effective the 25th day of November , 20 08 The attached bond shall be subject to all of its terms, conditions and limitations except as herein modified. DATED as of this 25th day of_ November 20 08 Shapell Homes, a Division of Shapell Industries, Inc., WITNESS/ATTEST: a Delaware Corp. (Principal) (See attached) By: (Seal) N -C .-Frve-bvcdr Ti .e tden,� By: TT e'�N Ti e: 1 }( ACCEPTED: LIBERTYM UTU AL INSURANCE COMPANY (Surety) �r By: /j By 4i i Zl (Seal) Attorney-in-Fact: Pamela L. Stocks Date: LMIC-9010 Rev.03/04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On November 25, 2008 before me, Beverly A. Hall, Notary Public Date Here Insert Name and Title of the 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 K*/she/tbWexecuted the same in f4WherAly*authorized capacity$$#, and that bya416'/her/WKsignature(s) on the instrument the person(is), or the entity upon behalf of which the person(%) acted, executed the instrument. BEVERLY A. NAIL Commbsion 117179*9 1 certify under PENALTY OF PERJURY under the laws dory Rolf-Camooft 3 of the State of California that the foregoing paragraph is Los Angela County9 9 P g P e�w Cdrrnb bY�bfi 201 true and correct. WITNESS my hand and official se I. Notary Seal Signature W Signature of Notary-Public CALIFORNIA ALL4MRPOSE ACKNOWLEDGMENT State ct Carnia couffilty of SANTA CLARA o1 December 2, 2008 before me SMILEY K. SANDHU, NOTARY PUBLIC one Here Roo»ame and Tme m the ofticm personally appeared J.C. Truebridge and Ken Cox HaoXIat d sigrrerist who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)+jfro subscribed to the within instrument and acknowle ged to me that ke/ a executed the same in el authorized capacity les), and that by HisA3er ei signature(s) on the SMILEY K.SANDHU instrument the person(s), or the entity upon behalf of Commission#1573474 which the person(s)acted, executed the instrument. @My Notary PublicCalifornia nta Claracounty I certify under PENALTY OF PERJURY under the laws comm.Expires Apr2G,2oo of the State of California that the foregoing paragraph is true and correct. WITNESS my hanoond official seal gnat Place Notary Seal Above Siure =a of P a uWic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Increase-Decrease Rider Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 10 Individual ❑ Individual ❑ Corporate Officer—Thle(s): ❑Corporate Officer—Title(s): t1 Partner—❑ Limited ❑General ❑Partner—❑ Limited G General F--1 1 Attorney in Fact • �1 Attorney in Fad Malmo ❑ Trustee Top of thumb here 1.free Top of thumb here ❑ Guardian or Conservator ❑Guamran of Conservator 1 Outer: ❑OUoer: Signer is Representing Si7w Is Rep resentliy: 02mroatlonatNoran,Association•sow-Da Sato Aw..P.0Elcrxaoa-Cham=11r:¢asrarsaaoe-enwvwnioRa<amaryaa Iremr.69w Reorder.Cot nm•vreeraoo•arfi-sW