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T O: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: February 8, 2005
SUBJECT: Approving the Drainage Improvement Agreement for DA 03-00020 (cross-reference Subdivision
7984), being developed by Shapell Industries of Northern California, a division of Shapell
Industries, Inc., San Ramon(Dougherty Valley) area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/ 72 for DA 03-00020(cross-reference Subdivision 7984),approving the Drainage
Improvement Agreement, for project being developed by Shapell Industries of Northern California, a division of
Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Drainage Acceptance 03-00020 has been reviewed and processed by Public Works staff and meets all applicable
conditions of approval.
CONSEQUENCES OF NEGATIVE ACTION:
The Drainage Agreement will not be approved and improvements will not be completed.
A
Continued on Attachment: SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
PROVE THER
SIGNATURE S
ACTION OF BO ON FEBRUARY 080 2005 APPROVED AS RECOMMENDED XX OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
VOTE OF SUPERVISORS date shown.
xx UNANIMOUS(ABSENT NONE )
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: FEBRUARY 08, 2005
JOHN SWEETEN, Clerk of the Board of
Originator:Public Works(ES) Supervisors and County Administrator
Contact: Teri Rie(313-2363)
SG:nn
6:\GrpData\EngSvc\BO\2005\02-08\DA 03-00020 BO-20.doc
Pubic Works- T.Bell,Construction
T—November 18,2005 By , Deputy
Shapell Industries of Northern California
Attn:S.Savage,S.Worden
100 N.Milpitas Blvd.
Milpitas,CA 95035
National Fire Insurance Company of Hartford
Attn:Pamela L.Stocks
5820 Canoga Ave.,Ste 200
Woodland Hills,CA 91367
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TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: February 8, 2005
SUBJECT: Approving the Drainage Improvement Agreement for DA 03-00020 (cross-reference Subdivision
7984),being developed by Shapell Industries of Northern California, a division of Shapell
Industries, Inc., San Ramon(Dougherty Valley) area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/ 72 for DA 03-00020 cross-reference Subdivision 7984)�approving the Drainage
Improvement Agreement, for project being developed by Shapell Industries of Northern California, a division of
Shapell Industries, Inc., San Ramon (Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Drainage Acceptance 03-00020 has been reviewed and processed by Public Works staff and meets all applicable
conditions of approval.
CONSEQUENCES OF NEGATIVE ACTION:
The Drainage Agreement will not be approved and improvements will not be completed.
A
e4.o,
Continued on Attachment: SIGNATURE:
_COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
PROVE THER
SIGNATURES
ACTION OF BO ON FEBRUARY 08, 2005 APPROVED AS RECOMMENDED x=OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
VOTE OF SUPERVISORS
xx UNANIMOUS(ABSENT NONE date shown.)
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: FEBRUARY 08, 2005
JOHN SWEETEN, Clerk of the Board of
Originator:Public Works(ES) Supervisors and County Administrator
Contact: Teri Rie(313-2363)
SG:nn
6:1GipData\EngSvc\B012005102-081DA 03-00020 BO-20.doc
6c: Pubic Works- T.Bell,Construction
T—November 18,2005
Shapell Industries of Northern California By , Deputy
Attn:S.Savage,S.Worden
100 N.Milpitas Blvd.
Milpitas,CA 95035
National Fire Insurance Company of Hartford
Attn:Pamela L.Stocks
5820 Canoga Ave.,Ste 200
Woodland Hills,CA 91367
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 8, 2005,by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2005/ 72
SUBJECT: Approving the Drainage Improvement Agreement for DA 03-00020(cross-reference
Subdivision 7984),being developed by Shapell Industries of Northern California, a
division of Shapell Industries,Inc., San Ramon(Dougherty Valley)area.(District III)
The following document was presented for Board approval this date for DA 03-00020 (cross-
reference Subdivision 7984), property located in the San Ramon (Dougherty Valley) area,
Supervisorial District III.
A drainage improvement agreement with Shapell Industries of Northern California,a division
of Shapell Industries,Inc.,principal,whereby said principal agrees to complete all improvements,as
required in said drainage improvement agreement,within one year from the date of said agreement.
Improvements generally consist of drainage improvements.
Said document was accompanied by security to guarantee the completion of drainage
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 taken
and entered on the minutes of the Board of Supervisors on the date
shown.
Originator:Public Works(ES)
Contact: Teri Rie(313-2363)
SG:rrn ATTESTED: FEBRUARY 08, 2005
G:\GrpDatalEngSvc\BO\2005\02-08\DA 03-00020 BO-20.doc
cc: Pubic Works- T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County
T—November 18,Zoos Administrator
Shapell Industries of Northern California
Attn:S.Savage,S.Worden
100 N.Milpitas Blvd.
Milpitas,CA 95035
National Fire Insurance Company of Hartford
Attn:Pamela L.Stocks By ,Deputy
5820 Canoga Ave.,Ste 200
Woodland Hills,CA 91367
RESOLUTION NO.2005/ 72
1
SUBJECT: Approving the Drainage Improvement Agreement for DA 03-00020 (cross-
reference Subdivision 7984),being developed by Shapell Industries of Northern
California, a division of Shapell Industries, Inc., San Ramon(Dougherty Valley)
area. (District III)
DATE: February 8, 2005
PAGE: 2
I. Cash Bond
Performance Amount: $9,600.00
Auditor's Deposit Permit No. DP409511 Date: July 29, 2003
Submitted by: Shapell Industries of Northern California
Taxpayer identification number: 95-2578030
II. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929270266 November 30, 2004
Performance Amount: $951,000.00
Labor&Materials Amount: $480,300.00
Principal: Shapell Industries of Northern California a division of Shapell Industries,
Inc., a Delaware Corp.
NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2005/72
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1
DRAINAGE IMPROVEMENT AGREEMENT
Subdivision: DA 0020(cross-reference Subdivision 7984) Effective Date:
Developer: 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 DEVELOPER
Maurice M.Shiu,Public Works Director Shapell Industries of Northern California,
,r...... a Division of Shapell Industries,Inc.
BY � � �` (Signature)
L
(Print Name and itle)
RECOMMENDED FO APPROVAL
(i�
By: (Signature)
Engineering Se s Div' io (Print Name and itie)
FORM APPROVED. Victor J.Westman,County Counsel
(NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations CodeS313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-named
Developer,mutually promise and agree as follows concerning this acceptance:
2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements 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).
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 SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County:
A. For Performance and Guarantee: $9,_60,0_cash,plus additional security,in the amount of$951_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 cashier's 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 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$480 ,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 of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
/
a
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(1)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.
5. 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.
6. NO 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 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.
7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section:
A. The indemnities benefited 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 causing liability 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 indemnity has
prepared,supplied,or reviewed any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification
covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity.
E. 1. Shapell Industries,Inc.("Shapell")shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa
County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims,
costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising
out of or alleged to arise out of Shapell's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000,by and
between Shapell and Windemere BLC Land Company LLC("BLC")including,without limitation, any claim, cost,loss,liability,damage or other
expense arising out of any action or other proceeding brought by BLC against County or District in connection with any act,approval or other requirement
of County or District in connection with Shapell's activities under the aforementioned Supplement to Cooperation Agreement.
2. Shapell's obligations under Section 1 above shall exist regardless of concurrent negligence or willful misconduct on the part of the
County or District or any other person;provided,however,that Shapell shall not be required to indemnify,protect,defend or hold County or District
harmless to the extent any claims,losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or
District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The
obligations of Shapell contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance
of improvements by County or District.
8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
9. 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.
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 proceeds to complete 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.
10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign
to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights,in accordance to the Dougherty Valley
MOU.
SG:
G:\GrpData\EngSvc\Slava\Gale RanchlDA 0020-Lower West Branch\DA 0020 Drainage Agreement(AG-17).doc
Rev.April 6,2000
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
\ �!a►r
County of ss._ �����
On before me, FN to `�-
D eName and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared -C,n
Name(s)of Signer(s)
;P�rsonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s),wistare
subscribed to the within instrument and
acknowledged to me that 4e/she/they executed
JANICE T. KRUSE the same in Wee heir authorized
Commission# 1318647 capacity(ies), and that by k s>41ier/their
-�' Notary Public-Calffomia signature(s) on the instrument the person(s), or
Soma Clara Qx#* the entity upon behalf of which the person(s)
MV COMM.EWWAup24. G acted, executed the instrument.
WI ESS my hand and o ' 'al seal.
Signature of Notary Public
OP NAL
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 Pv 1
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual _ Top Wof thumb here
Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representi
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
` :�,` ;
RECEIVED FROM
ORGANIZATION NUMBER
(0qjo6mfion)
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT
ACCT.
$
f..
< 96
4
2 22
1-51�LW 1910AV 9 — 2
3'1-
&brs� 91(k) 1;2-
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EXP A AIRON: TOTAL $
1
DEPOSIT
5-
.361(-So /I i
Deposit consists of the following items
A-Z
ilt?TIV� COIN and CURRENCY $
CHECKS,M.O.,ETC. $
te/"? BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE 409511- JPL 297e3
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 County Treasury. acknowledged.
SiggZn . i L�f C ly.) Date
9 �i q
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4P Signed: Signed:
L Tit t— Z. T. Depounty Auditor l Deputy County Treasurer
D-34 REV.(7-93)
JD_D
0649-9665 8310000: G1120654, Sub 7609, John D. Curtis, 1235 Escobar
St. Martinez, CA 94553
$19,640.00,, Improvement Plan Checking Deposit
$1,675.00, Map Check Deposit
0649-9665 / 8310000: G11206551 $2,750.00, Sub 86881 Final Map Review,
Shapell Industries of No. CA, 100 N. Milpitas Blvd, PO Box 361169, Milpitas,
CA 95035
0649-9665 8310000: G1120656, $700.00, RA 1083,828 Inspection
Deposit, Shapell Industries of No. CA, 100 N. Milpitas Blvd, PO Box 361169,
Milpitas, CA 95035
0649-9665 / 8310000-- G11206571 $1,625.00, Sub 8683, Final Map, Shapell
Industries of No. CA, 100 N. Milpitas Blvd, PO Box 361169, Milpitas, CA
95035
0649-9665 / 8310000: 61120660, DA20, Shapell Industries of No. CA, 100
N. Milpitas Blvd, PO Box 361169, Milpitas, CA 95035
$46,700.00, Inspection Deposit
$5,000.00, Plan Check Deposit
0649-9665 / 8310000: 61120661, $350.00, Permit # SR0000010, Shames
Construction Co., LTD, 5826 Btisn St., Suite E, Livermore, CA 945550
0649-9665 / 8310000: G1120663,$2,920.76, Drainage Improvement Plan
Review Deposit, Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon,
CA 94583
0649-9665 8310000: G11206621 $700.00, Inspection Trust, Shapell
Industries of No. CA, 100 N. Milpitas Blvd, PO Box 361169, Milpitas, CA
95035
819800-0800: G1120660It $9,600.00, UA 20 Cash Bond, Shapell Industries
:
of No. CA, 100 N. Milpitas Blvd, PO Box 361169, Milpitas, CA 95035