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HomeMy WebLinkAboutRESOLUTIONS - 12052006 - 2006-759 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 5, 2006 by the following vote: AYES: Uilkema,Piepho,Glover and Gioia NOES: None VACANT: DISTRICT IV SUPERVISOR DESAULNIER ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Approving the Road Improvement Agreement for the Alamo Creek Bioretention Street Filters for Massara Street and Charbray Street(South), Road Acceptance 06- 01229(cross-reference Subdivision 99-08381),being developed by Shapell Homes,a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) These improvements are approximately located near Camino Tassajara and Blackhawk Drive. The following document was presented for Board approval for the Alamo Creek Bioretention Street Filters for Massara Street and Charbray Street (South), Road Acceptance 06-01229 (cross- reference Subdivision 99-08381)property located in the Danville area, Supervisorial District M. A Road 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 road improvement agreement, within two years from the date of said agreement. Improvements generally consist of road and drainage improvements. 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 hereby certify that this is a true and correct copy of an action Originator: Public Works(ES) Contact T.Rie(313-2363) taken and entered on the minutes of the Board of Supervisors LB:vz on the date shown. G.-\EngSvc\BO\2006\12-05\BO-15 RA 06-1229.doc cc: Public Works- Construction Current Planning,Community Development ATTESTED: !4�� ",6 �' �" oZa®6 T—October 5,2008 � sbapen Homes 100 North Milpitas Blvd JOHN CULLEN, Clerk of the Board of Supervisors and Milpitas,CA 95035 County Administrator Attn:Sam Worden and Jim Gold National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Ann:Pamela L.Stocks By ° � Deputy RESOLUTION NO.2006/ 07TY SUBJECT: Approving the Road Improvement Agreement for the Alamo Creek Bioretention Street Filters for Massara Street and Charbray Street(South), Road Acceptance 06-01229 (cross-reference Subdivision 99-08381), being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) DATE: December 5, 2006 PAGE: 2 I. Cash Bond Performance Amount: $2,400.00 Auditor's Deposit Permit No. DP 472597 Date: October 25, 2006 Submitted by: Shapell Homes Taxpayer identification number: 95-2578030 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929390949 October 17, 2006 Performance Amount: $239,100.00 Labor&Materials Amount: $120,750.00 Principal: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 20061 5. PLANT ESTABLISHMENT 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 pest control and otherwork detemrined 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. IMPROVEMENT 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. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by anyofficer,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 Developer 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 of the terms and conditions hereof. t , 1 S. INDEMNITY.:;Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: 1 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 proceeding(s)concerning said liabilities and claims. C. The actions causingliability 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. NON-PERFORMANCE AND COSTS: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 contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to completeor maintain the work,Developeragrees 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. 11. INCORPORATION/ANNEXATION. 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 Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION 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 \\PWS4\SHARDATA\GrpData\EngSveTomrs\AG WORMAG-24.doc Rev.April 6,2000 r CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On October 18,2006, 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. JMICE T.KRUSE WITNESS my hand and official seal. Commission#1597428 [ -a Notary Public_L Santa Clara County MyComm•Expire$Aug24,2009 Sign ture of Notary Public Optional Information Title or Type of Document: Road Improvement Agreement RA06-01229, Alamo Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries, Inc. u COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650 (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB I TASK OPTION ACTIVITY AMOUNT ACCT g Sales Tax 100300 0637 700.44 Sale of Prints 004660 9931 REV 6X4475 8,523.00 RA 04.01159 Road Insp Ext 000651 9660 6LO76B 250.00 SD02-08632 Landscape Ext 250.00 SD02-08685 250.00 DA02-00014 Landscape Ext 250.00 SD04-8902 Monument Fee 6LO81D 500.00 Corner Records 4061 6LO88D 10.00 FS 0 400011 Fee for Service 6L83PV 22,700.00 Trust Fund 819800 0800 3,900.00 000649 9665 64,800.00 TOTAL $ Eng Svcs: G120379&G1203836 Void G1203835 DEPOSIT 1022133.44 Deposit consists of the following items COIN and CURRENCY $ 357.75 CHECKS,M.O., ETC. $ 101,775.69 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged. deposit into the County Treasury } , Signed Date_/^/_ �A Signed: Signed: a . r Tllle EM. l V Deputy Count Auditor Deputy Gounly Treasurer D-34 Rev.(7-93) t t 819800-0800: &1203828, $1,500.00, RA 06-01222, Cash Performance Bond, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1203830, $2,400.00, RA 06-01229, Cash Performance Bond, Shapell Homes, 100 No'rth'Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1203829, RA06-01222, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 $10,400.00 Road Improvement Agrmt Inspection Deposit $5,000.00, Road Acceptance Plan Review 0649-9665 / 112300: G1203831, RA06-01229, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 $14,400.00 Road Improvement Agrmt Inspection $5,000.00, Road Improvement Plan Review 0649-9665 / 112300: G1203833, $30,000.00, Fee for Service, Lyon Vista del Mar, 2603 Camino Ramon, Suite 150, San Ramon, CA 94583-4289 •t 3 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 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 otherpersons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,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,to be awarded and fixed by the court,all 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 of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions 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. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without further notice to or consent by the 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. 4. SIGNED AND SEALED: The undersigned executed this document on October 17, 2006 Shapell Homes, a Division of Shapell Industries, PRINCIPAL: Inc., a Delaware Corp. SURETY: National Fire Insurance Company of Hartford Address: 100 N. Milpitas Blvd. Address: 2355 E. Camelback Road, Suite 500 City: RrQWqA 3 City P oenix, A 5016G�f%� By: T By: Print Name: i@ ,'.{ I�. (�, ,/Qi Print Name: Pamela L. Stocks, Attorney-in-Fact Title: V. Title: Attorney-in-Fact By: Print Name: 2uL Title: _ N!S�Q-t-- �2y. T :mN p 1G7lllaia\EngSvcll,_o»>ss\i3N LVORD\AN-9.doc W."'Odtotie 77'2Q0¢ f CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On October 18, 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. JANICE T.KRUSE WITNESS my hand and official seal. Commissbn#1597428 otary Public-California Santa Clara County ( --- OMVN comm.ExplresAug24,2�9� Sign lure of Notary Public Optional Information Title or Type of Document: Security Bond - Road Improvement 929390949,Alamo Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries, Inc. Authorizing By-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--Execution 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 attorneys-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 attorneys-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 thererto. 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 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 held on the 17'h 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 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 attached,continue to be valid and binding on the Company." ADOPTED 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 Company. "Article VI--Execution of Obligations and Appointment of Attorney-In-Fact Section 2. 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 attorneys-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 attorneys-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 President or any Executive,Senior or Group Vice 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 held on the 17'h 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 2 of Article VI 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 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 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 By-Law duly adopted by the Board of Directors of the Company. "Article VII--Execution of Documents Section 3. Appointment of Attomey-in-Fact. The Chairman of the Board of Directors, the President of any Executive or Senior Vice President may,from time to time,appoint by written certificates attorneys-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 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 adopted by the Board of Directors of the Company at a meeting duly called and held on the 17'h 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 seal of the Corporation 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 on the Corporation. 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 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 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 I Sth day of August,2006. r,AS tr \NsuR Continental Casualty Company National Fire Insurance Company of Hartford GOAPORAre 0s'p �Mc9muaarro American Casualty Company of Reading,Pennsylvania r . v a JULY n. Ou SEAL g 4 e 19n nan�o� • 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 swom,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. j -OFFICIAL SEAL- ; •, Y PUbI M.IEOltlll ; • Notary Puma Sbb Of 1151 • /�!' `-W V"� ` •< _ i My Comntiati•n Eapia.3n610Y 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 17th dayof October 2006 . Caw Continental Casualty Company �a c>� C \NSURq ��y "'�� National Fire Insurance Company of Hartford convonArEy ,rW $�Mca+arfo American Casualty Company of Reading,Pennsylvania O 2 A JULY II. � - v SEAL 1902 '7 /1 7991 Qr N0. • y� (.�. Mary A.qikaQkis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On October 17, 2006 before me, Sandy Hanner-Notary Public Dare NAME. TITLE OF OFFICER., -JANE DOE. NOTARY PUBLIC' personally appeared Pamela L. Stocks NAME(S) OF SIGNER(S) (X) personally known to me — OR — (—__.) proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/me subscribed to the within instrument and acknowledged to me that bs/she/t>t t executed the same in*Wher/Hteir authorized capacity0as), and that by kwherl**# signature(s) on the instrument the person(, or the entity upon behalf of which the person($) acted, executed the instrument. _ SANDY HANNER .- - - WITNESSLyhand and offic- eal. ConYtisgon d 1672602 N°hmy PLM •CaNioonla SIGNAT RE OF NOTARY Los ArQ8W Co^ MY corr=EVkm lw a,2010 a, 'L W W W qrjp%&*-qr�� 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 OR TYPE OF DOCUMENT (_) PARTNER(S) (._) LIMITED (.j GENERAL NUMBER OF PAGES ( x ATTORNEY-IN-FACT (_) TRUSTEE(S) GUARDIAN/CONSERVATOR (_) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE o-107426.9