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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-564 ow0? THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 17, 2002 by the following vote: AYES: Supervisors Gerber, Nilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.2002/ 564 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1125 (cross-reference SUB 7984), for subdivision being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District The following document was presented for Board approval this date for RA 1125 (cross- reference SUB 7984), located in the San Ramon area. A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of Northern California, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: 1. Cash Deposit Deposit Amount: $1,800.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No, and Date: 391840, August 22, 2002 TR,cw I hereby certify that this is a true and correct copy of an action OrWasDor: Pubic Works(ES) I125 Ba16.ax taken and entered on the minutes of the Board of Supervisors on Orfglnator: Public Works{ES) p Contact:Teri Rio(313-2363) the date Shown. cc: Public Works-T.Bell,Construction Current Planning,Cornnwnity Development T—July 2003 ATTESTER:_ September 17 2002 Shapell Industries of Northern California i P.O.Box 361169 JOHN SWEETEN,Clerk of the Board of Supervisors and County 100 North Milpitas Blvd. Milpitas,CA 95035 Administrator ATT:Sarn Worden,Steve Savage&Jim Gold National Fire Insurance Co.of Hartford 21650 Oxnard Street,#600 Woodland Hills,CA 91367 By ZVI Deputy RESOLUTION NO.2002/ 564 COUNTY OF CON COSTA DEPOSIT PE IT —)OFFICE OF COUNTYDIT CONTROLLER. TO THE TOIASURER: MARTINEZ-IT, LIP IA RECEIVED 1`ROM O ANIZATION NUMBER _ /j) ..nom..-.....�Y�.i 2 w+r'..4'�4r+- (Far ash Collectics Procedures see C unfy Administrator's Bulletin 105.) DE$CRIPTlgk FUND/ORG• ACCL TASK OPTION ACTIVITY AMOUNT -6LI I I CC { i 122 to 91 #V161 Ir J- i ]—,:i j t )A 1 1, 1 1 1 1 1 1 1 1 1 1 1. 1 1 . L i i i. E r e r r ,r^ ' EXPLANATIe. [ TOTAL v DEPOSIT ( f + Deposit consists cif the folkswing COIN and CURRENCY $ ' CHECKS,M.O ETC b BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIG +' . The amount or'?money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby dep set nto County T ury.. acknowledged. Signed: 1.4') .,._._.:Date `7 : ; Sagned putyc�ountY Auditor Signed: DePu ounty Treasurer -34 REV.(7-93f 000649-9665 t 831000: G1093910, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 $49.920.00, DA 0004 Plan Check $44.000.00, DA 0004 Improvement Inspection 819800-0800: 61093897, $8,200.00, RA 1103 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093898, $j,000.00, RA 1104 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093899, $6,600.00, RA 1105 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093900, $1,200.00, RA 1116 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093901, $2,300.00, RA 1117 Cash Bond, Shapell Industries of Northern v" California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093902, $19,800.00, RA 1122 Cash Bond, Shapell Industries of Norther California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 610939 , 1 800.00, RA 1125 Cash Bond, ell Industries of Northern California, 100 Nor ilpitas Blvd. Milpitas, CA 95035 819800-0800: G1093904, $26,900.00, SUB 7984 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093905, 5 500.001, PA 0003 Cash Bond, Shopell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093906, $77,600.00, RA 1122 (SUB 7984) Cash Performance Bond, Shapell Industries of Northern California,100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093907, $54,800.00, SUB 7984 (Neighborhood #1) Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA y 95035 819800-0800: 61093908, $21,300.00, RA 1114 Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093909, $16.400.00, RA 1125 Cash Bond, Shapell Industries of Northern/ California, 100 North Milpitas Blvd. Milpitas, CA 95035 f 000649-9665 / 831000: G1093888, $500.00, RS 2698 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 Sam Ramon Valley Blvd., Danville, CA 94526, 000649-9665 / 831000: 61093889, $500.00, RS 2699 Record of Survey Map Check Fee, Real Estate Engineering, Inc., 1760 Halford Avenue, Ste 360, Santa Clara, CA 95051 000649-9665 / 831000: G1093897, $20,166.00, RA 1103 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: 61093898, $ 000.00, RA 1104 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093899, $33.295.00, RA 1105 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093900, 8968.00, RA 1116 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / '831000: G1093901, $14,034.50, RA 1117 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093902, $46.219.00, RA 1122 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093903, $11,388.50, RA 1125 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093904, $62.178.25, SUB 7984 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093905, $28.147.00, PA 0003 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093908, $48.554.89, RA 1114 Plan Check, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093909, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035 $18.834.00, RA 1125 Plan Check $27.345.00, RA 1125 Improvement Inspection $13,563.00, RA 1125 Landscape Inspection 819800-0800: G1093910, $9,_000.00, DA 0004 Cash Bond, 5hapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 Subdivision: RA-1125,Gale Ranch Ii,XREF SUB 7984 Bond No.: 929247994 Premium: $$6$.00 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RESTTAL o1•SuBDIyiSIoN AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision RA-1125_Gate mCh It XJRFF St IR�raaa_ as specified in the Subdivision Agreement (Right of Way Landscaping), and to <;complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions forlfiling of the Final Map or Parcel Map for said Subdivision. 2. ORUGAIION: Shaoeii Industries of Northern California,A Division of Shaoell industries Inc. ,as and Natlonal Fire Insurance Company of Hartford ,a corporation Organized existing under the laws of the State of CT ,and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and assigns to the County of Contra Costa,California to pay it: A. Performance and Guarantee: One Hundred Seventy Three Thousand Five Hundred Dollars and 001100 Dollars($ 173,500.00 }for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: Eighty Seven Thousand Seven Hundred Dollars and 00/100 Dollars($ 87,700.00 }to secure the claims to which refer=e is made in Title XV (conniencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CoNDITIAN" A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, his or its heirs, executors, administrators, 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 is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, tyre shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns m any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. leo alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on August 14 2002 Shapeii industries of Northern PRINCIPAL:California,A Division of Shapell Industries,Inc. SURETY: National Fire Insurance Company of Hartford Addriss: 100 North Milpitas Boulevard. Address: 21650 Oxnard Street, Suite 600-4 City:;Milpitas Zip: 55035 City:Woodland Hills gip: 91367 By: By: . N hen S apell Marg t F. Leong Print`~Tame: Print Name: Title• Presi nt Title: Attorney-in-Fact By: Print Dame and fii : Margar 'Ce g, Vice President/Secretary MW \TWSIM"allMTAVkgDdalBngSvclFcraulBN tBN-lMdw Authorizing 6y-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the.Company. "Article IX---Exemdon of Documents Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to the limitations set forth in their respective certificates 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 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 aftmey4n-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 Dirk-:tors 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 facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant 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 seat 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 attached,continue to be valid and binding on the Company." ADOPI,'ED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the ompany. "Article W--Execution of Obligations and Appointment of Attorney-in-tract Section 2.Appointment of Attomey-in-fact The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attome} in-fact to actin behalf of the Company in the execution of ;policies of insurance,bonds;undertakings and other obligatory instrunnents of like nature.Such attorney*-in-fact,subject to the limitations set forth in their respective certificates of authority,shag have full power to bind the Company by their signature and execution of any such insfrumenis and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time Tevoke all power and authoritypreviously given to any attorney-in#ac# This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Dire Mors of the Company at a meeting duly called and held on the 17th day of February,189,3. 'Resolved,that the signature of the Prudent or any Executive,Senior or Group Vice President and the seal of the Company may be �Affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the S or :,an Assistant 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 shag 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 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 fallowing Resolution duly adopted on February 17,1993 by the Soard of Directors of the Company. "RESOLVED.That the President,an Executive Vice President,or any Senior or Group Vice Preslident of the Corporation may,from time ID time,appoint,by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds, „undertakings,and other obligatory instruments of like nature.Such Attorri$y-in-Fact,subject to the limitations set forth in thea respective certificates of authority,shag have fug power to bind the Corporation by their signature and of any such instrument and to attach !:ane seal of the Corporation thereto.The Prudent,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 Attorney-in-Fact." `this Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adapted by the Board of Dirac;tors of the Company at a meeting duly card 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 ,.he Corporation may be afFrxed by faosimile 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 seal of the Corporation may be affixed by facsimile Eo any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shag be valid and binding on the orporatim.Any such power so executed and sealed and certified by certificate so executed and sealed,shag with respect to any bond or indertaking to which it is attached,continue to be valid and binding on the Corporation." POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation,NATIONAL FIRE INSURANCE COjIIPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania car,poration(herein collectively called"the CCC Surety 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 signature and seals herein affixed hereby make,constitute and appoint -Mnaret Leong Individually - --- of_' Beverly Hills California -- - the�c 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- andto bifid 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 tie acts of said Attoty,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, dubs adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their cor#orate seals to be hereto affixed on this 18th day of June 1898 CONTINENTAL CASUALTY COMPANY any to NATIONAL FIRE INSURANCE COMPANY OF HARTFORD r AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA Jt'3 t, SEAL tag? Marvin J.Cashion Group Vice President Statta of Iftois,County of Cook,ss: On this 18th day of June 1998 before me personally rains Marin J.Cashion,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 a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMRICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument;that he knows the seatof said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority ive gby the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be tie act and deed of said corporations. pubut 04- My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE Mary A.Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HAR.FORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein abova set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the rave}se T5 are still in force.In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations Z �{'77'"�i day of L+t � q CONTINENTAL CASUALTY COMPANY G" r YAC' tI�"°""'« NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA _ c F + t, —,17h "ncoo ++ , 9a�s7 Mary A. Ribikawskis Assistant Secretary state of California County of Los Angeles jj ( 6 QnJ ' - before me, Oa1a NAME, TITLE OF OFFICER.. .LANE OOE.NO ARY PUBLIC' personalty appeared Margaret F. Leong NAME(S)OF SiONER(S) (-j-) personally Known to me -OR_ (.,,_.-) proved to me on the basis of satisfactory evidence to be the person(,} whose name(a) is/a=subscribed to the within instrument and acknowledged to me that Itkl/she/ executed the same in 0064her/ uthorized capacity". and that byzwher/#ttf#tic signature{sl on the instrument the person(), or the entity upon behalf of which the person(,$)acted, executed the instrument. � WITNESP my hand=o ' i I see �a�.�,,�ANN FEL.I.AN . SIGNATURE OF NOTARY 4 L t-f Ccs_ t)f OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document 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($) (� ) LIMITED { } GENERAL (-K-) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) (o ) GUARDIAN/CONSERVATOR ( ..) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company o art or SIGNER(S) OTHER THAN NAMED AF30VE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California M County of Los Angeles August 14, 2002 Ann Pellant, Notary Public On before me, , Date Nene and TU of C#ffcer{e.g.,'Jane Dos Notary Public) personally appeared Nathan Shapel l and Margaret Leong - Name(a)or Signer(a) 'W personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-•isMre subscribed to the within instrument and acknowledged to me that*ehhelthey executed the same in #WA w6their authorized capacity(ies), and that by I144eAheir ANN PEiIANT signature(s)on the instrument the person(s),or comimltsim#MUMthe entity upon behalf of which the person(s) acted,executed the instrument. Los Angles Cox my tnrt7, WITNESSMy hand and official se . Signature of Notary Public 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: Document Date: 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): ❑ Partner--❑Limited [I General ❑ Atfomey-in-Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association•9360 Do Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2492•www.natlonalnotary.org Prod.No.6907 Reorder.Call Toll-Free 1-800-976-6027 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1125 (cross-reference SLTB 7984), for subdivision being developed by Shapell Industries of Northern California, San Ramon (Daugherty Valley) area. (District III) DATE: September 17, 2002 PAGE 2 II. Surety Bond .Bond Company: National Fire Insurance Company of Dartford Bond Number and Date: 929247994,August 14, 2002 Performance Amount: $173,500.00 Labor&Materials Amount: $87,700.00 Principal: Shapell Industries of Northern California NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public'Works Department. RESOLUTION NO. 2002/564 SUBDIVISION AGREEMENT (Right of Way Landscapin } (Government Code§66462 and 166463) Subdivision: RA 1125 ()(REF SUB 7984) Effective date: 410 Subdivider: SHAPELL INDUSTRIES OF NORTHERN Completion Period: 1 year CALIFORNIA THEwE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: C©N'"RA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Work ector SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA A DIVISION_0 SHAPELL INDUSTRIES INC. By: E1 _ r+U (signature) BY: (print name a � RECOMMENDED FOR APPROVAL: A-5 - V° r PiAA By: _ (signature) EngirT.:sering Services Division (print name&titie' FORM APPROVED: Victor J. Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider Is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§913.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and the alx)ve-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private), drainage improvements, signsstreet lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement pians for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with ttts Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and Improvements(hereinafter called"work")within the above completion period from date hereotas required by the California Subdivision Map act(Government Code§§86410 and following),in a good workmanlike manner,In accorcIonce with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and ruings 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 Subdivider shall,pursuant to Government Code§66459,and the CG.lnty Ordinance Code,provide as security to the County: A. For Performa a and Guarantee: $1.800.00 cash, plus additional security,in the amount of $ 173,500.00 which together total one hundred percent(100%)of the estimated cost of the work. Such � additlonal 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 Subdivider 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$ 87.700.00 ,which is fifty percent(50%)of the estimated cost of the vlork. 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 Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnt,3hing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securit€3s may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workrtianship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in acc)rdance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider 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 syste€rs. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this afire mens. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,doing weed, rodent and oa..her pest 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. At tho discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. lhrlj'ROVEMENT PLAN WARRANTY. Subdivider warrants the improvement pians for the work are adequate to accomplish the work its promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supe#visors accepts the work as complete or during the one-year guarantee period,said improvement pians prove to be inadequate in any rzispect, Subdivider shah make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any offics', agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance 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 Subdivider of his 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 o the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the Indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boars,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 becakrse of actions de ire 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 review said (mprd<vemsnt plans or accepted the work as complete,and Including the defense of any suit(s),action(s),or other proceeding{s}concerning said t€abilit€es and claims. C. The actions causing liabillty are any act or omission(negligent or non-negligent)in connection with the matters covered by thl.t Agreement and attributable to the Subdivider,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 Index€tnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or ott=sr Indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of art>I Indemnity. �. : Subdivider shall pay when due,all the costs of the work,Including Inspections thereof and relocating existing utilities requ){edthereby. 14. SURVEYS. Subdivider shall set and establish survey monuments In accordance with the fled map and to the satisfaction of the Coun,ty RoadCommissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11, NON-PERFORMANCE E AND COSTS; If Subdivider falls to complete the work within the time specified In this Agreement,and subs iquent extensions, or ails to maintain the work, the County may proceed to complete and/or maintain the work by contract or other., and Subdivider 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. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,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,Subdivider agrees to pay all costs Incurred by the County,even if StAidivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs Incurred In completing or maintaining the worse;!Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County In connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORAT#ONIANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision Is Included in to:Itory 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 recur€ng said rights shall be transferred to the new or annexing city. Such clty shall have all the rights of a third party bene#diary against Subdivider,who shalt fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to fine and record the Final Map or Parcel Map for said Subdivision. :k:iap: GAGrp0ats\EnpSva\F0M*\AG WORMAG-30A-doc Rev.Miry 18,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - - State of California r- ss. County of t On before me, Dat el Name and T11Ia oft3ftioar(e.g.,"Jane Doe,Nola�Pub#ie"} I personally appeared C) p K: 'r J�tj 1< Name(s)of Signer(s) Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence Ir '� to be the person(s) whose name(s) 4siare subscribed to the within instrument and acknowledged to me thatsIthey executed the same in hf!h-m-rltheir authorized JANICE T.KRUSE capacity(ies), and that by la eA efteir Commission#1318697 signature(s)on the instrument the person(s), or r Notary Public-California the entity upon behalf of which the person(s) Santa Clara County acted, executed the instrument. My Corrrn.Expires Aug 24.20M (W�NESS mfr hand and fficial at. Place Notary Seal Above Signature of Notary Public i' I AL l 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. •1 Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: x ❑ jndividua! I Top of thumb here - YCorporate Officer—Title(s): , ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee El I; Guardian or Conservator ❑ Other: 11 Signer is Representing; I' 0 1999 National Notary Association•9350 6a Soto Ave.,P.O.®ox 2402•Chatsworth,CA 91319.2402•www.nationninotary.org Prod.No.5907 Fleorder:Call Toll-Free 1.800.876.6827