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Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-171 Ca I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on March 26, 2002,by the following vote: AYES: Supervisors Gerber, Uilkema, Mover and Gioia DOES: None ABSENT: Supervisor UeSaulnier ABSTAIN: None RESOLUTION NO.2002/ 171 SUBJECT: Approval of Road Improvement Agreement for Camino Tassajara,RA 1107(cross- reference Subdivision 8002) being developed by Shapell Industries of Northern California,Danville area(District III). The following document was presented for Board approval for Camino Tassajara, road acceptance file RA 1107(cross-reference Subdivision 8002)property located in the Danville area, Supervisorial District III. A Road Improvement Agreement with Shapell Industries of Northern California,principal, whereby said principal agrees to complete all improvements,as required in said road improvement agreement, within one year from the date of said agreement. Improvements generally consist of a traffic signal, curb (face of curb shall be 26.396 meters (86.6 feet) from the northernmost existing curb), 1.8 meter(6-foot)meandering sidewalk,necessary longitudinal and transverse drainage,street lighting, border landscaping, irrigation, new pavement, widening of existing pavement,pavement transitions and a 4.8 meter(16-foot) wide median island(including landscaping and irrigation or textured concrete)along the frontage of Camino Tassajara. The median island shall be constructed 10.8 meters (35.4 feet)from the northern most existing curb. Transitions shall be designed for an 88.5 km/h(55mph)design speed. Corresponding right of way width varies. South right of way line to be located 11.089 m(36.4 feet) from south face of curb. These improvements are a deviation from Conditions of Approval #115 and #136. Subsequent to the vesting tentative map approval for Subdivision 8002, the Public Works Department has met with the Town of Danville and Community Development Department to reconcile the pavement and right of way configuration of Camino Tassajara with the roadway configuration within the Town of Danville. This proposed modification still provides for future pavement widening and right of way for alternate transit modes required under EIR. Mitigation measure D.3. The basic change is in the narrowing ofthe median island and corresponding widening of the landscape buffer between the south face of curb and dedicated right of way. Therefore, the conditions of approval are in substantial compliance. Orfginatas Public Works(ES) I hereby certify that this is a true and correct copy of an action taken and Contact: Teri Ric(313-2345) entered on the minutes of the Board of Supervisors on the date shown. G,*ZrpDataTngSvclno\200213-2&-031RA 3107 Bp-15.doc I Glad AT 2ESTED: March 26, 2002 cc: Pubic Works- T.Bell,Construction Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and County T--1-26-03(PI) Administrator Shapell Industries of Northern California 100 North Milpitas Blvd Milpitas,CA 95035 107/ Art:Steve Savage&Sam Worden Deputy Casualty Company Reading,Pennsylvania By �'� 21650 Oxnard Street,Ste.600-4 Woodland Hills,CA 911367 RESOLUTION NO.2002/ 171 SUBJECT: Approval of Road Improvement Agreement for Camino Tassajara, RA 1107, Subdivision 8002, being developed by Shapell Industries of Northern California, Danville area(District III). DATE: March 26, 2002 PAGE: 2 Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I. Cash Bond Performance Amount: $19,712.00 Auditor's Deposit Permit No. DP 382409 Date: March 1, 2002 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 II. Surety Bond Bond Company: American Casualty Company of Reading,Pennsylvania Bond Number and Date: 929206139,February 21, 2002 Performance Amount: $1,951,488.00 Labor&Materials Amount: $985,602.00 Principal: Shapell Industries of Northern California NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. Resolution N0. 20021171 a Road No" 92921)8139 I)avden pr ��yy�nts:y�Wendt Ranch,RA 1107 Premim; $8,830.00 WROVEbom SECURITY BOND koAf (Pe&miarce,Ounrantm and Payment) R (Califion fm Govemment Code 9166499-66499.40) Z. REczTAL art:ROAD bmovm rRnmr A.a . The Developer(Ptmgmi)bas tace sited,an aw==t (Road Improymma Agr ) with tine Comy to .iusd mad pay for suet, dmifte and other On'ay,of arfotag Wjndt nnch RA 1 i to complete said work v+"ttae time speeffied for comphdon io the Road bnpmvmm Agrammm all in aero with State and laical laws and rulings. 2. f RUGA Ina of Whom is,A Division of t h� ,inc. ,ag and ---18 a corporation 07ggWZOd Mdff the laws of fbe State of PA and vAhmmo to ftwyact mnwy humma m Cali bmia,m S rety,bmehyjointly and scveraby bmd ourseivea, aur hft execumm adramistratom aweemors and wAps to the CDunty of Contra Costa,WfDads to pay as ft&W& A. PoftImmm One Mon We HundW My One Thoumna Fow Hundred Dolem and 1x8100 Dolb"($ 1,951 AM= -.._)for itseYor any city amOgmemkribe.aboveCounty Rood bnprovumm Apmmmt,plus B. tt Nine Hundred Eighty Five Thousand Six Hundred Two Dollars and 00/100 Dog=($.I 602.{3(3 )tome=ftckim to Wtikhreftem is made in 7Wk l511 at aq.of do Civil Cade of the Sta a of Csftra L 3. Comwnw. A. lbe,ConMm of this o ' as to Saotim(2.A.)above is awh that if the above banded Pem#4 belrs, tars,sreemm9 or.asftm sbaU in an tbbgs somd'to and abWe by omd vmB and ta*beep and perfbrm the covamam conditom sisal prroviaroam in the=W agremmut and any ebmdon thet+eof 113111de as dadn pnrov&la'i!on it or its pmt,W W inapt awd pe tfonmd at dais tate and is themom dweek speckW and in all to trite kow and munips and W ad save ft County of Contra ODma or city am4pee,its mots and enTbyam,as dwrein shpubad,dmn d*obEgation.shallbecom mill and void;otherwise it shall be amid imob in Aa fom and effem As part of the obUgation secuted hereby and in addition to the face amort specftd dwe&M them std be 'mckxW nrasonublss Lvstb� oxpmiaw wA fir,hicluibig roammble atturn y's fws,incurred by the County of Contra Costa or city assignee,in sfuli4y enforcing such obligation,all to be taxed as costs and` u anyjuilgement readered. B. The condition of this obkothon, as to Section(213.) above, is swh that said Principal ant the as.corporate mtrety are held firmly bound unto the County of Contra Costa ad all conutctom wAvouttactom h6arere,materid nen and satyr paww employed in the perfimn rce of the and referred to in to albrend Civil.Code,for materials fmnWwd,labor of any Mod,or for amounft due under the Unemployment Thaurance Act with regw-o to stwh work or lobar and that said undersigned will pay the sama m an amount not exceeding the amount herefn above set forth and also,"mcase raft is taou&upon tbist band,wr'g pay,in addition to die feet t thereof,rumn"casts,easlre nam and fres,Wuding rowoudbk attwrsncy'ss Ecce,incurred by th6 County of Contra Costa or city assignee, to suc gy enf mr&*, such s bIgatio n, to be awarded and fcred by the court,all to be taxed as costs and to be indetderi in the jndgemeat dwein It is kabg expready stipdatod.and Weed that this bud aboU enure to the bmc&of any and Q perumst,cmpuges and carpmifiDw entitled to lie clew txder` %e 15(commencing with Secdon 3082 of Part 4 of Division 3)of the CM Code of the State of Cafforvia, so as to give a right of action to&=or their assigns in any reit.brought%=this bond. ShoAd the work under the conditions of this bond be felly palbrined, than this obligation shall became null end void;otherwbe it rhaphe and t+etrmin in M Lowe and Q No alerstim of raid Road hquoveme t Agreasnartt or my plan or specification of said work agreed to by the Ptiuipal and the County shall refion tba Surety hom litabilily on this bond and consent is hereby given to make such alteration notice to or consea by the Surety and the Surety hemby waives the pmvidons of Caffurvia Civil Code Section 2819 and holds itself bound whhout zMard to and bdependently of any action Principal whatlever taken 4. SIGNED AND I The ra de rsigned executed this document sit Fabn o y 21,2002 WNW"or rim Asnwk- Cr y Of PAS*4.P MWAV PPJWIPAL- SUMIT: AA&m- 100 Marta Mbpttae 21650 Oxnard Suits 600-4 C* MOW CA 95035 . Woodland Mlt� C�4 99367 Br. Prod Name: mh-�i\4 W �s Print Name: I Cook 7 l&. V i c e P 9-L-� s o 'Title; A torney-krFact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT K ( State of California y ^� ss. i County of Tu `a On 0 :2, before me, oa Name and Tftle of Officer(e.g„"Jane Doe,Notary Public") personally appearedC Name(s)of Sfgner(aS personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islase- subscribed to the within instrument and acknowledged to me that hepar-executed the same in hisAww4l4sir, authorized f, capacity(ies), and that by hisA;iefrf#1"ir signatures)on the instrument the person(s),or the entity upon behalf of which the person(s) i IANICE T.KRUSE acted, executed the instrument Commission i 1318697 i Notary Public-California WITNESS my hand and icial s i. Santa Clara County /' c 4• Signature of Notary Public OPTIO L Though the information below is not required by taw,It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. t Description of Attached Document Title or Type of Document: -- z� Document Date: �2_ Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer_ .Title(s): 0 Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing:. ( 651989 National NotaryAssociation•9350 De sola Ave.,P.O.Bax 2402•ChaUwodh,CA 91313-2402•www.nadonalrwtary.org Prod.No.$907 Reorder:Cali Tall-Free 1.300.97&9927 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,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Perunzyhrania corporation(herein collectively called'the CCC Surety Companies'),are duty orgy ized and existing corporations having their principal oftk ss kr the City of Chicago,and State of Illinois,and that they do by virtue of the signature and souls herein affixed hereby make,ccrmftft and appoint Marie A. Cask„ Individually of MUpdas. Catifemia -- -- their true and lawful Attorney(s)-in-Fad with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory inst nlments of simian nature =M Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duty authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmad. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as indicated,by the Boards of Directors of the corporatlons. In Witness Whereof,the CCG,Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 18th day of June 1998 a� *r '� xt 4 NATIONAL F RE INSURANCE COMPANY OF HARTFORD y AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA CONTINEAL CASUALTY COMPANY AXY it. VIAL ML 1#97 xau e Marvin J.Cashion Grasp Vice President Slate of Illinois, County of Cook,ss. On this 18tfs day of June , 1998 .before me personally ane Marvin J.Cashion,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 Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument;that he knows the soals of said Corporattons;that the seeis of ited to the said instrument are such corporate seats;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 Sana to be the act and deed of said corporations. Jo 414V NOTARY PUBLIC IV, My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE 1, Mary A. Ribika"I is,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein above Set forth is still in force,and further cartily that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof we still in force.In testimony whereof I have hereunto subsxibed my name and affixed the seals of the said corporations this °t t day ofycr� , CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD + Crow, . c, ` AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA oo'SEE L `� ' FRS i, -. &v.10/1/97) Mary A.Ribikawskis Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attomey is made and executed pursuant to and by authority of the tclkrwing Br Law duty adopted by the Board of Directors of the Company, "Article Drr Execution of Docurneeft Section 3.Appointment of Attomey-in-fact The Chairman of the Board of Directors,to President or any Execudw,Senior or Group Vice President may,from time to$me,appoint by written co Wks attomayswin4act to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instrumento of Itkks nature Such attaomeys-rrfart<subject to the limitations' set ti,rth in their respective cartificates of authority,shard have full power to bind the Company by their sombre aid execution ofanY such instruments and to attactr the sed of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attrnay-rn-fact' This Power of Attorney is signed and sealed by facsimile under and by the authority of the fdlowing Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. 'Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by fatxsirniie on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the sonture of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any cwff=ft of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is 'ahn roue to be vaild and binding an the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIAN, This Power of Attorney is made and executed pursue to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article Vl- Execuetlon of Obligations and Appointment of Attomoy4n-Fact Section Z Appointment of Attvmsy4n4acL The Chairrnan of the Board of Directors,the President or arty Executive,Senior or Group Vice President may,from time to tune,appoint by written certificates att omeys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obr'igatory instruments of like nature.Such attorneys4n-fact,subject to the limitations set Barth in their respective cortificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vim President may at any time revoke all power and authority previously given to any attomey-in-fact.' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and tali on the 17th day of February,1993. 'Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of atffimey granted pursuant to Section Z of Article VI of the By-Laws,anti the sombre of the Secretary or an Awistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding an The Company.Any such power so executed and sealed and certified by certificate so executed and seated shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company.' ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resdution.duly adapted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President;or any Senior or Group Vice President of the Corporation may,from time to time,appoint; by written cortificates,Attomeys4n-Fact to act in behalf of the Corporation in the execution of policies of irisurance,bonds, undertakings and other obligatory instruments of tike nature.Such Aftmey4n-Fact,subject to the limitations set forth In their respective cortificato of authority,shag have full power to bard the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President;an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey4n-Fact' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly caged and held on the 17th day of February,1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the sed of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile sigmitt re and seal shall be valid and binding on the Corporation.Any such power so executed and seated and certifed by certificate so executed and seated,shalt with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation.' tt' 5 i� # !i t �1 s R • . *>r t1 Hi T 9-70 s t Y i Y' ♦ `! y 1 � . ... {: i' t } Y ,1 Y' ,t � � a Y. t COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER �fie. TO THE TRERER: MARTINEZ,CALIFORNIA U RECEIVED FR(*A / ORGANIZATION NUMBERf ' g (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACCT TASK OPTION ACTIVITY AMOUNT � �. � Tex l } •>�. 043 DP 30o !-99 I-"LA N C k UVt g 14 6E E . �1�� t �b�� . �-c'�rr/ SU 016C I:05e -11N AP i=- i. t. Ct'Lf°i.�<7 91 3 5 :)J4)v I r_;C L. 16--1 NTt1"'161 OC,`r'3 ON L, I'll t IVT~ 000&5_1 1,�I) Vino 1'5 , 645t and P I= e€ 7t. X15 q1)3 ( 1 I tt}NI ti t)) i NT �7e Ui✓}C.�L�. 1 `� RE S L e) 1 1 L16114 r I 1\46 11111111 sugoon lit l urJ1 r "' . l,}L��r i Llw /?4ry IV +;acs EXPLANATION: 51,1e_5 a '�1-1 /0? t /L? i 1 113 DEPOSIT S j L�� ,��i� "3,9 Deposit consists of the follcra+ing itwm COIN and CURRENCY $ CHECKS,M.CL ETC sWr �1 4 BANK DEPOSITS $__--FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D NUMBER DATE ASSIGNS 40 r The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby deposit into the County Treasury, acknowledged. Signed C WYt- Date T3tfe:1}E iLs C ' / l EXT. 'vx Deputy a i r ty Courtly Treasurer D-34 REV(7.93) �,G;,.t c-..►,rrr' COUN`T`Y OF CONTRA COSTA4 DEPOSIT PERMIT � 6 OFFICE OF COUNTY AUDITOR-CONTROLLER C3 `D` MARTINEZ,CALIFORNIA TO TETE TREASURER: .RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FU4'9J0RG. SUB. TASK ON ACTIVITY AMOUNT` # # i # i # # # E # 1 i # # 1 # i 1 i # # } i # i EXPLANATION. TOTAL $ t DEPOSIT i Deposit consists of the following item,' COIN and CURRENCY $_ _-- CHECKS,M.0„.ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED 1 The amount of money described above is for Treasurer's receipt of above arnount is approved. WDeputy nt is hereby d9posit into,the County Trieasury } 1`rtle } ExT. .e Skjm 5rgwd , Toraunty Aud' County Xrurer D-34 REV.(7-93) 0682-9752 / 819200: G1091193, $24,000.00, RA1107, Shapell Industries, 100 n Milpitas Blvd, Milpitas, CA 95035 0649-9665 / 831000: G1091178, $500.00, Record of Survey, 852652, Moran Engineering Inc, 1930 Shattuck Ave Suite A, Berkeley, CA 94704-1022 0649-9665 / 831000: G1091179, $500.00, Record of Survey, R52653, Plaza Center, c/o James Weir, 1125E Arnold Dr #289, Martinez, CA 94553 0649-9665 / 831000: G1091182, $23,840.00, DP3001-99, Inspection Deposit, Wentz Group, 1599 Industrial Road, San Carlos, CA 94070 10649-9665 / 831000: G1091184, $8,441.00, SUB 8152, Landscape Inspection Fee, Windemere BLC Land Co LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 0649-9665 / 831000: G1091185, $9,350.00, SUB 8149, Landscape Inspection Fee, Windemere BLC Land Co LLC, same as above 0649-9665 / 831000: G1091186, SUB 8150, Windemere BLC Land Co LLC, same as above Map Check Fee $1,743.81 - Plan Check Fee $17,813.27- Inspection Fee $5,107.50 , Plan Check Landscape Fee $7,439.89 Inspection Landscape Fee $5,413.00 . 0649-9665 / 831000: G1091187, SUB 8157, Windemere BLC Land Co LLC, same as above Plan Check Fee $3,317.67 . Inspection Fee $3,672.00 - Plan Check Landscape Fee $7,887.36 - Inspection Landscape Fee $6,687.00 0649-9665 / 831000: G1091188, SUB 8151, Windemere BLC Land Co LLC, same as above Map Check Fee $682.88 • Plan Check Fee $2,566.08 Inspection Fee $2,415,50 Plan Check Landscape Fee $7,379.33, Inspection Landscape Fee $5,322.00 0649:-9665 / 831000: G1091I89, $2,572.50, SUB 8158, Inspection Landscape Fee, Windemere BLC Land Co LLC, same as above 0649-9665 / 831000: 61091190, $5,673.00, SUB 8154, Inspection Landscape Fee, Windemere BLC Land Co LLC, same as above , 1 0649-9665 / 831000: G1091191, $59,715.17, bA0002, Inspection Fee, Windemere BLC Land Co LLC, same as above 0649-9665 / 831000: G1091192, $100,000.00, SUB 8002, Inspection Fee, Shapell Industries, 100 n Milpitas Blvd, Milpitas, CA 95035 . 0649-9665 / 831000: G1091193, $50,000.00, RA1107, Inspection Fee, Shapell Industries, 100 'n Milpitas Blvd, Milpitas, CA 95035 819800-0800. G1091180, $40,000.00, E16241, Metropolitan Life Insurance Co, One N Broadway Suite 500, White Plains, NY 10601 ► 819€300-0800: G1091184, $1,100.00, SUB 8152, Landscape Cash Bond, Windemere BLC Land Co LLC, 3130 Crow Canyon x#310, San Ramon, CA 94583 1819800-0800: G1091185, $1,300.00, SUB 8149, Landscape Cash Bond, Windemere BLC Land Co LLC, some as above 819800.0800: G1091186, SUB 8150, Windemere BLC Land Co LLC, some as above Performance Bond $8,100.00 Landscape Bond $1,000.00 819800-0800. G1091187, SUB 8157, Windemere BLC Land Co LLC, same as above Performance Bond $5,800.00 Landscape Bond $1,000.00 . 819800-0800: G1091188, SUB 8151, Windemere BLC Land Co LLC, same as above Performance Bond $3,800.00 Landscape Bond $1,000.00 . 819800-0800: G1091189, $1,000.00, .SUB 8158, Landscape Cash Bond, Windemere BLC Land Co LLC, same as above . 819800-0800: G1091190, $1,000.00, SUB 8154, Landscape Cash Bond, Windemere BLC Land Co LLC, same as above , 819800-0800: G1091192, $66,440.00, SUB 8002, Shapell Industries, 100 n Milpitas Blvd, Milpitas, CA 95035 , 819800-0800: G1091193, $19,712.00, RA1107, Shapell Industries, 100 n Milpitas Blvd, Milpitas, CA 95035 2 ROAD IMPROVEMENT AGREEMENT Shapell Industries Of Northern California, Developer: a division of Shggell Industries.Inc. Effective Date: L-t� Development: Subdivision 8002 o(x-ref.RA 1107) Completion Period: 1 year Road: Camino-Tassai ra / //0 THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Warks Director By: (Signature) Sy -e J.C. Truebridg RECOMMENDIrD F R A P W. A Asst. Vice Preside t By: {SignaturEj`Y Engineering erv" (print name title) rk Westphal y FORM APPROVED: Victor J.West n,County Counsel Asst. Secretary (NOTE: All signatures to be acknowledged. : Sabdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code 3313.) I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter caller; un "and the above-mentioned QSvelo2er mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. 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 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_ Sl CMIY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: S 19.712.00 cash,plus additional security,in the amount of S 1,951,488.00 which together total one hundred percent(100°1x)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers 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 wort:fctt one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For PAYmcnt: Security in the amount of S -985.69Z.19__which is fifty percent(50%)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 securities may be reduced in accordance with S94-4.406 and S94-4.408 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. 5. PANTE TABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other nest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. IMEROVEME T PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. T NQ WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or accep.ance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of h;s obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined ir this section: A. The indemnities benefitted and protected by this promise are the County, and its special district, elective and appointive boards. commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceedings)concerning said liabilities and claims. C. The actions causing liabililly are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NQN- E ORMAN__CEANDQQSn:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions, or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.),immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractor,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. II. MORPORATIONIANNEXAIION. If,before the Board of Supervisors accepts the work as complete,the development is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Develnper,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CQNSIDERATION. In consideration hereof. (Check applicable section(s)) _ County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RL:kw TWS4\SHARDATA\GrpData\EngSvcTomu\AG WORDMAG-24.doc Rev.April 6.2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Nit ��.--�,� ss. �. County of , On '�2__- before me, F�N , ata _ Name and Me of OBktar(e.g.,"Jana Doe,Notary Pubile) ' personally appeared \ nr\p�,p_y, e !- ,zN or Signer(:) personaily known to me .❑ proved to me on the basis of satisfactory evidence i to be the person(s) whose name(s)-ialare subscribed to the within instrument and acknowledged to me that-�hey executed the same in bW4e#their authorized capacity(ies), and that by -hWhei their si nature( )on the instrument the person(s),sor JANICE T KRUSE g _ [ the entity upon behalf of which the person(s) l Commission#1918697 acted, executed the instrument. NOWry Public-California y� Santa Clara County l MyrExplirm X24, TN my hand and offici al. 2005 qy Signature of Notary Public OThough the Informationbelow is not required bylaw,it maons 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: ' U<_r-0'r _4\.J 122(-0 i A QA.J T— C,-7— Document Date: Number of Pages: Signer(s)Other Than Named Above: i ' Capacity(les)Claimed by Signer Signer's Name: ❑ individual Top of thumb here ❑ Corporate Officer—Tltie(s): ❑ partner—❑Limited ❑General ❑ Attomey-in-pact ❑ Trustee ❑ Guardian or Conservator ❑ Other I Signer Is Representing: 019M National Notary Association•a=Da Soto Ave.,RO.Box 2402•ChatawoM,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toil-Free 1.800,878.8827