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Home My WebLink AboutMINUTES - 03012005 - C13 a' rx r TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: March 1, 2005 SUBJECT: Approving the Subdivision Agreement(Right-of-Way Landscaping), San Ramon(Dougherty pp g Valley) area. SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION( : ADOPT Resolution No. 2005/ 103 for SD 02-08685, approving the Subdivision Agreement (Right of Way Landscaping) for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Deleware Corp., San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Subdivision 02-08685 has been reviewed and processed by Public Works staff and meets landscape plans for all applicable conditions of approval regarding landscape improvements. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right-of-Way Landscaping)will not be approved. Continued on Attachment: SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PPROVE OTHER SIGNATURE (S): ACTION OF BO ON "MARCH O l, 2005 APPROVED AS RECOMMENDED x�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 date shown. xx UNANIMOUS(ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: MARCH 01, 2005 'TY' JOHN SWEETEN Clerk of the Board of G:\GrpData\EngSvc\BO\2005103-01\SD 02-08685 BO-16.doc � Originator: Public Works(ES) Supervisors and County Administrator Contact: Teri Rie(313-2363) cc: Public Works- T.Bell,Construction Current Planning,Community Development T—September 1,2005(P 1) Shapell Industries of Northern California, By , Deputy a Division of Shapell Industries,Inc.,a Deleware Corp. 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:S.Worden,J.Gold National Fire Insurance Co.of Hartford 5820 Canoga Ave.,Ste 200 Woodland Hills,CA 91367 Attn:Pamela L.Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 1, 2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2005/ 103 SUBJECT: Approving the Subdivision Agreement (Right of Way Landscaping) for SD 02- 08685, being developed by Shapell Industries Of Northern California, a Division of Shapell Industries, Inc., a Deleware Corp., San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for SD 02-08685, 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., a Deleware Corp., 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: I. Cash Deposit Deposit Amount: $3,500.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 436206 December 16, 2004 JY:rm I hereby certify that this is a true and correct copy Of an G:\GrpData\EngSvc\BO\2005\03-01\SD 02-08685 BO-16.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri Rie(31.3-2363) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development T—September 1,2005(P1) ATTESTED: MARCH 01, 2005 Shapell Industries of Northern California, a Division of Shapell Industries,Inc.,a Deleware Corp. JOHN SWEETEN, Clerk Of the Board of Supervisors and 100 N.Milpitas Blvd. County Administrator Milpitas,CA 95035 Attn:S.Worden,J.Gold National Fire Insurance Co.of Hartford 5820 Canoga Ave.,Ste 200 Woodland Hills,CA 91367 By ,Deputy Attn:Pamela L.Stocks RESOLUTION NO.2005/ 103 SUBJECT: Approving the Subdivision Agreement (Right of Way Landscaping) for SD 02- 08685, being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Deleware Corp., San Ramon (Dougherty Valley) area. (District III) DATE: March 1, 2005 PAGE: 2 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929348475 December 3, 2004 Performance Amount: $349,646.00 Labor&Materials Amount: $176,573.00 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Deleware Corp. 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. 2005/103 400*1 SUBDIVISION AGREEMENT (Government Code§66462 and§66463) 0 p Subdivision: 8685 Principal: Sha ell Industries of Northern California tv�-, 5-kv -A7 mourcA zo 015 4- D;6 el 4. Period: 1 ear Effective Date: Completion Pe y THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director 1„�" I�d� (Signature) r By: :r ` Ar (Print name&ti e) _ `,r(,�e-bnd-V RECOMMENDE APPROVAL -{ �! • By: (Signature) 7 e Engineering Services Divi ion (Print name&tit]) 11 signatures to be ackr o ed ed.If Pring al is rico orated,signatures must FORM APPROVED: Victor J.Westman,County Counsel (NOTE A g g P � conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coun "and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal 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). Principal 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. 3. IMPROVEMENT SECURITY. Upon executing this agreement,,Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 3,500.00 cash,plus additional security,in the amount:$ 349,646.00 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,Principal 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: $_ 176,573.00 ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of- Cash., fCash.,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. rtti CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On December 10,2004, before me,Janice T. Kruse,Notary Public personally appeared, J.C. Truebridge& Ken Cox personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. JANICE I KRUSE •"'• ` Commission# 1318697 WITNESS my hand and official seal. .. Notary Public-California ♦; Santa Clara County 61 r` 1,11 1 link My Comm.Expires Aug 24,200.5 Sign ture of Notary Public Optional Information Title or Type of Document: Subdivision Agreement Tr. 8685 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shavell Industries,Inc. COUNTY OF CONTRA COSTA ' DEPOSIT PERMIT ` Y ..- OFFICE OF COUNTY AUDITOR-CONTROLLER } MARTINEZ,CALIFORNIA '(O THE TREASURER: ` ZECEIM'FROM ORGANIZATION NUMBERcj (01imm 1 (For Cash Collection Procedures see County Administrator's Bulletin 105.) ! DESCRIPTION FUND/ORG SUB' TASK OPTION ACTIVITY AMOUNT ACCT. $ _ r°t ? , 3f _.! -\ l �f•ri r• ...y�. ,....rte 1• .f E r ' y' r> f � L,, c`� ,..•i' 4Fy " �.� ' : f f '_J f i +.� �y r! �+��j%•�� r�•�{",,moi`.� � ` I V {) Iy�� - � •f '" � Jam: u.` f�f'�' w.r� - _..•'f•>• f-�.. ,f ••i r,-° '. r. ,r.ri• 1 '"t'j•�' , / •JT1 L Fj�� ...�.✓: r+.... f' 'J j r L_A_ I I t I I A- I I I- I I I '"� •...'.ter ,.. �F'� � �..f Jt�� .., r•-�' -,�-� i' f I i I EXPLANATION: TOTAL $ DEPOSITS a ffr ! Deposit consists of the following Items j '17 ` N and CURRENCY $ .. Y CH CKS,M.O.,ETC. f - w.j �,1 f • ,, ,} j,f; , ,f. ; I " `; ''r BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY j r �/,t'i -%•l• '_ " 1 �f1`` S�,�Y, f�", r-i, it •r. • / ,- � rtf ``. �f •�' ,.;, - DEPOSIT ' PERMIT DP NUMBER E` 4 - DATE _Q4,6 1) ASSIGNED The amount of money described above is for Treasurer's eipt of above amount is approved. Receipt of above amount is hereby "deposit into the County Treasury. knowledged. rt00606 Signe `k i :Date ` Signed; Signed: Tits = `'~ f - EXT. -" � puty Coun itor Deputy County Treasurer D-34 REV.(7-93) -- t- r--. �' 1 - 819800-0800-- G1158981, $3,090.00, Sub 8773, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 61158983, $1,000.00, Sub 87741 Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1158986, $1,700.00, Sub 8775, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800-- 61158988, $1,720.00, Sub 8776, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1158990, $2,690.0....0., Sub 8777, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1158992, $1,490.00, Sub 8778, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 611589941 $2,500.00, Sub 8690, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G11589951 $6,100.00, RA1148, Performance Cash Bond, Shapell Industries of Northern California, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1158996, $3,500.0011 SUB8685, Performance Cash Bond, Shapell Industries of Northern California, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800-- G11589971 $9,0870.001 RA1151, Performance Cash Bond, Windemere BLC Land Company LLc, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 831000: 61158982, $25,,200.00,, Sub8773, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Ca'nyon P1 #310, San Ramon, CA 94583 0649-9665 / 831000-- 61158984, $7,600.00, Sub8774, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G11589871 $140130.00, Sub8775, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G11589891 $14,280.00, Sub8776, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 611589911 $22,010.00, Sub8777, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 611589931 $12,410.00, Sub8778, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon P1 #310, San Ramon, CA 94583 0649-9665 / 831000: 611589941 $14,700.00, Sub8690, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon P1 #310, San Ramon, CA 94583 0649-9665 / 831000: G11589951 $30,900.00, RA1148, Landscape Inspection, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon., CA 94583 0649-9665 / 831000: G11589961 $19,400.00, Sub8685, Landscape Improvement Inspection, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 611589981 $79.480.00, RA1151, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1158999, $947.17, FC Permit 633-03, Cash Deposit, Kinder Morgan SFPP,LP, 1100 Town & Country, Orange, CA 92868 0649-9665 / 831000: 61159000, $196.83, FC Permit 632-031 Cash Deposit, Kinder Morgan SFPP,LP, 1100 Town & Country, Orange, CA 92868 • COUNTY F CONTRA COSTA - GENEF RECEIPT THIS COPY IS Rt $it G �.. 58996 DEPT- NOT A RECEIPT V 60,V /11i t DOLLARS$ 4o-cDcD FOR la,�2,7 e�o CASH ACCT. BAL. RECEIVED FROM CHECK V AMT. 4 ----1 PAID MONEY BAL. ORDER DUE • �77 r\4 By: (D57, REV.7/89) s Gale Ranch II N-14 Subdivision: 5685 Bond No.: 929 348 475 premium: $2,622.00 IMPROVEMENT SECURITY BOND FOR PUBLic RIGHT OF WAY LANDsCAPE AGREEMENT (Performance, Guarantee,and Payment) (California Government Code Sections 66462 and 66463) 1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install andpay for public right of way.landscaping,and other related improvements in Subdivision . 8685 as specified in the.Subdivision Agreement (Right of way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement(Right of way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. Shapell Industries of Northern California., A Divi.sion of Shapell 2. OBLIGATION: ,as Principal,and National Fire Insurance C= of Hartford ,a corporation organized existing under the laws of the State of CST , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors,and assigns to the County of Centra Costa, California to pay it: A. Performance and Guarantee: Three Hundred Fourty-Tine Thousand Six Hundred Fou rty- Six and 0/100 Dollars($ 349,646.00 }for itselfor any city assignee under the above County Subdivision Agreement,plus B. Payment: One Hundred Seventy-Six Thousand and Five Hundred Seventy-Three and 0/I00 Dollars ($ 1762573-00 �. , )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. CONDITIiON: Ao 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. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a I Connecticut 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 Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-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 16th day of April,2004. oil Continental Casualty Company National Fire Insurance Company of Hartford OoRPORATE 01 MQ;ro American Casualty Company of Reading,Pennsylvania 0 3 JULY Mt SEAL #1A _Michael Gengler I Seng'r Vice President State of Illinois,County of Cook,ss: On this 16th day of April,2004,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 Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut 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. -------------- E0 OFFICIAL SEAL F' ELLIZA PRICE NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:09t17/06 .My Commission Expires September 17,2006 liza Price Notary Public CERTIFICATE 1,Mary A.Ribikawsk, is,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut 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 3rd day of December 2004 GAS liNsult'd W Q,*,6_ Continental Casualty Company National Fire Insurance Company of Hartford OoRPORATE 0 American Casualty Company of Reading,Pennsylvania JULY 31, SEAL 152 Q___11 a CP Mary A.Rikavqkis Assistant Secretary NOO Form F6853-11/2001 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are Providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. TO principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (callectivdly the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLQ8.URE OF PRFjM1UM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible, Form F7310 J CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On December 10,2004,before me,Janice T. Kruse,Notary Public personally appeared, J.C. Truebridge& Ken Cox personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, 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 Commission# 1318697 Notary Public-California WITNESS my hand and official seal. -„ Santa Clara County MY Comm.ExWres Ag 24.2 Si ature of Notary Public Optional Information Title or Type of Document: Improvement Bond-Tract 8685 N/14 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shanell Industries.Inc.