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HomeMy WebLinkAboutMINUTES - 04152003 - C16 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 15, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 2003/ 248 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 8631, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval this date for Subdivision 8631 located in the San Ramon (Dougherty Valley) area. A Subdivision Agreement (Right-of-Way Landscaping) with Shapell Industries of Northern California, a Division of Shapell Industries, Inc., 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. SG:cw I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\BO\2003\4-15-03\SUB 8631 BO-16.doc Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: Teri Rie(313-2363) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development T-2-15-04 ATTESTED• APRIL 15, 2003 Shapell Industries of Northern California Sam Worden and Jim Gold JOHN SWEETEN, Clerk of the Board of Supervisors and P.O.Box 361169 County Administrator 100 North Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance Company of Hartford Pamela L.Stocks 5820 Canoga Avenue,Suite 200 By Z ,Deputy Woodland Hills,CA 91367 RESOLUTION NO.2003/ 248 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 8631, San Ramon(Dougherty Valley) area. (District III) DATE: April 15, 2003 PAGE 2 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: I. Cash Deposit Deposit Amount: $6,400.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. DP398256 Date: December 31, 2002 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 190775330, December 19, 2002 Performance Amount: $634,800.00 Labor&Materials Amount: $320,600.00 Principal: Shapell Industries of Northern California, A Division of Shapell Industries Inc. 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 N0. 2003/248 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code §66462 and §66463) • illa Subdivision. 8631/Gale Ranch II, NBHD 9N aseo Effective Date: 4-115105p (84 Lots) Subdivider: Shapell Industries of Northern California, Completion Period: 1 year A Division of Shapell Industries, Inc. THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: Maurice M. Shiu, Public Works Director Shapell Industries of Northern California, A Division of Shapell Industries, Inc. By. (signature) /J� (print name&tit ) TC— —Fv—L.1 e-, j,, RECOMMENDED FOR APPROVAL: �� P Ex.e� . �,'r �.�v r5 r t�,� 14�c� I , By: (signature) Engineering Services iv sion (print name&titl ) 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§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California, hereinafter called "County,"and the above-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, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision 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). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following), 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. I IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code, provide as security to the County: A. For Performance and Guarantee: $6-cash, plus additional security, in the amount of$634,800 which together total one hundred percent(100%)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 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$320,600,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 Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing 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 securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On before me, c-- Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared, "-rp 14,A-c Name(s)of Signer(s) ;��?Irsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4sfare subscribed to the within instrument and JANICE T.KRUSE acknowledged to me that be>Is1te{they executed Commission#1318697 the same in Ui-e�their authorized Z Notary Public-California x capacity(ies), and that by r/their Santa Clara County signature(s) on the instrument the person(s), or *Canrvn-EVkwAug24,Z005 the entity upon behalf of which the person(s) acted, executed the instrument. TN ESS my hand and offici seal. Signature of Notary Public OPT AL 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: 4 z:>^j �3 ) Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ I Iorate vidual _ _ Top of thumb here ae � Cor Officer s . p Title( ) ❑ Partner—❑ Limited ❑General i ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator i ❑ Other: l Signer Is Re resentin .3 ��� �^� � =NJ9 P g C__ L C 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 1 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM L (Orgmimfion) ORGANIZATION NUMBER ._. P(4 6�71C (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. "X) 44 0,F, I�1 I Hill .. --- �#� 1 , lJX5414 -�' f , - ✓ , '� rt ` r� � � I r ' y I t I I I Ll /J. -Irl- 4 P,pill A�D I EMANATION: r , TOTAL .. ,.,.r / IL DEPOSIT i _ 7 N /t9LDeposit consists of the following Items— f • COIN and CURRENCY i' C7) CHECKS,M.O.,ETC. $� BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY CC DEPOSIT ..J.m viol. jo. " ,� 0 r t.'c�,'w� i ,..'` (�� -� - .-. PERMIT T9/r,� , �r:, ? �d` NUMBER ,f, j r, �' �� 1 DATE6^ ? ;�' - L �}, { �9 [�9 ASSIGNED 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 CountyTT sury. acknowledged. _ Signed: -•'�- ' ' ` ,�.% f-� >. Date'L 1' Id- r Signed: Signed: - /A Title: .' EXT. De v Count A clit r P y }� Deputy County Treasurer D-U REV.(7-93), f 000649-9665 831000: 611089801 $25,1000.0of SUB 8507 Major Subdivision Improvement Plan Review Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, Son Ramon, CA 94583 000649-9665 / 831000: 61108982, $500.001, RS 2742 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, CA 94526 000649-9665 831000: 61108984, $16,300.0Q, SUB 8563 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61108985, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 $14,300.00, SUB 8564 Landscape Improvement Plan Review $26,600.00, SUB 8564 Landscape Improvement Inspection 000649-9665 831000: G11089861 $32,400.00, SUB 8631 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 3611690 Milpitas, CA 95035 000649-9665 831000: 61108987, $28,300.001 PA 0011 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61108989, $500.00, RS 2743 Record of Survey Map Check Fee, Bellecci & Associates, Inc., 2290 Diamond Blvd., Suite 100, Concord, CA 94520 819800-0800: 61108983, 13,100.00, SUB 7744 Cash Bond Guarantee of Performance, DeSilva Gates Construction, PO Box 2909, Dublin, CA 94568 819800-0800: 61108984, $2,900.00, SUB 8563 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61108985, 15,100.00;1 SUB 8564 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61108986$ 16,400.001 SUB 8631 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61108987, $5,500.00, PA 0011 Cash Bond, Shapell Industries of Northern Calif ornia, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 1 4 Subdivision: 8631, Neighborhood 9/Villapaseo Bond No.: 190775330 Premium: $3,174.00 Gale Ranch II,84 Lots IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision 8631, Neighborhood 9 1 yillanisQQ as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. Shapell Industries of Northern California, A 2. OBLIGATION: Division of Shapell Industries, Inc., a Delaware Corp. as P&icipal,and National Fire Insurance Company of Hartford , a corporation organized existing under the laws of the State of CT , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: Six Hundred Thirty Four Thousand Eight Hundred Dollars and 00/100 Dollars ($ 634,800.00 ) for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Three Hundred Twenty Thousand Six Hundred Dollars and 00/100 Dollars ($ 320,600.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION: 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. 4 • POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(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. Hanner, Individually of Sherman Oaks,California 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 Vice President and their corporate seals to be hereto affixed on this 3rd day of August,2001. SU44r} 1���'�'�h Jnr 00 Continental Casualty Company National Fire Insurance Company of Hartford • S JUDY=i, American Casualty Company of Reading,Pennsylvania Ov SEAL a got 1 897 HAl • Michael Gengler Group Vice President State of Illinois,County of Cook,ss: On this 3rd day of August,2001,before me personally came Michael Gengler 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 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. • "OFMIAL SEAL' • i DIANE FAULKNER • • i MoaMY h few of mnow � My oaa��lew lRpi�oo u:71�o! • NN••N••N••�N••NN•••S , My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Ribikawskis,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 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 19th day of Decenber ,2002 00 Continental Casualty Company COWoAArr t National Fire Insurance Company of Hartford Ea� • JIY f I. American Casualty Company of Reading,Pennsylvania vania Ov SEAL a dot •� coo 4r • 189T �� • (Rev. 1/23/01) Mary A.Ribikawskis Assistant Secretary w t State of CALIFORNIA County of LOS ANGELES On December 19, 2002 before rye, Sandy 11anner -- Notary Public Date 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(a) whose name(o ishaysubscribed to the within instrument and acknowledged to me that MWshelilm executed the same in bis/her/tolt authorized capacity, and that by FWher/WeW signature($) on the instrument the person(g), or the entity upon behalf of which the person(jo acted, executed the instrument. SANDY MANNER WITNESS hand and offic: seal. Commission*1362157 ' s�s' Notary Public-Caldomis Los Angeles County SIGNATURE OF NOTARY My Comm_Expires Jul 2,2006 OPTIONAL. Though the data below is not required by taw, 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 (w..} INDIVIDUAL {..�) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (�) PARTNER(S) {____) LIMITED GENERAL (.x ) ATTORNEY-IN-FACT NUMBER OF PAGES { ) 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 G-107426-8 } CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Calif rnia ss. County of L.�\�, - I IQ, Ntc Onbefore me, Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public"1 personally appeared GQ__ Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4,siare subscribed to the within instrument and JANfCE T.KRUSE acknowledged to me that they executed Commission#1348697 the same in WsA%f�their authorized Z Notary Public-Califiomia capacity(ies), and that by 4i6Mer/their Santa Clara County signature(s)on the instrument the person(s), or MyComm.E kwAug24, the entity upon behalf of which the person(s) acted, executed the instrument. NESS my hand and official seal. J Signature of Notary Public 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 0__r� --�K Title or T e of Document: Z r - 3 yp Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top"thumb i orporate Officer—Title (s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ( ❑ Trustee ❑ Guardian or Conservator i ❑ Other: � Signer Is Representing. C_ ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 1