HomeMy WebLinkAboutMINUTES - 03012005 - C7 t
TO: BOARD OF SUPERVISORS ez
7
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: March 1, 2005
SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement, San Ramon
(Dougherty Valley) area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/ 97 for R.A.98-01083 (cross-reference Subdivision 7796),accepting completion of
improvements for Right-of-Way Landscaping Agreement on North Gale Ridge Road, for project being developed by
Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer,Shapell Industries of Northern California,has completed improvements(right-of-way landscaping)as per
Resolution No.99/478,dated September 21, 1999. Therefore,the developer is requesting the improvements be accepted
as complete to begin the warranty and maintenance period.
CONSEQUENCES OF NEGATIVE ACTION:
The developer,Shapell Industries of Northern California,will not have improvements(right-of-way landscaping)accepted
as complete and the warranty and maintenance period will not begin.
Continued on Attachment: SIGNATURE: ;�t �,,,
COMMENDATION OF COUNTY ADMINISTRATOR
OMMENDATION OF BOARD COMMITTEE
_APPROVE THER
SIGNATURE (S):
ACTION OF BOA ON MARCH 01, 2005 APPROVED AS RECOMMENDED X,X OTHER
VOTE OF SUPERVISORS
XX UNANIMOUS(ABSENT NONE ) I herebycertify that this is a true and correct
AYES: NOES: Y
ABSENT: ABSTAIN: copy of an action taken and entered on the
minutes of the Board of Supervisors on the
sG:rm date shown.
G:\GrpData\EngSvc\BO\2005\03-01\RA 1083 BO-45.doc
Originator: Public Works(ES)
Contact: Teri Rie(313-2363)
I.D.95-2578030
cc: Public Works -T.Bell,Construction Div. ATTESTED: MARCH 01, 2005
-J.Ysmael,Engineering Services JOHN SWEETEN, Clerk of the Board of
Shapell Industries of Northern California
100 North Milpitas Blvd. Supervisors and County Administrator
Milpitas,CA 95035
Attn:S.Savage,S.Worden,&J.Gold
American Casualty of Reading,PA
5820 Canoga Ave.,Suite 200 By , Deputy
Woodland Hills,CA 91367
City of San Ramon
Attn:Chris Low
3180 Crow Canyon Pl.,Ste 140
San Ramon,CA 94583
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Recorded at the request u t o f: CONTRA COSTA Co Recorder Office
Contra Costa County STEPHEN L, WEIR00 Clerk=Recorder
Board of Supervisors
DOC�Return to. 2 ' 0071261 X 0 0
Public Works Department Wednesday, MAR 02, 2005 09:48:54
Engineering Services Division FRE $0.00
Ttl Pd $0,00 Nbr=0002580863
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 1, 2005, by the following vote:
x
a AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO, 2005- 97
SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement
on North Gale Ridge Road for Road Acceptance RA 98-01083 (cross-reference
s.
Subdivision 7796) San Ramon(Dougherty Valley) area. (District III)
ti
i;
The Public Works Director has notified this Board that the Right-of-Way Landscaping
improvements on Road Acceptance RA 98-01083 have been completed as provided in the
Subdivision Agreement(Right-of-Way Landscaping)with Shapell Industries of Northern California,
heretofore approved by this Board in conjunction with the filing of the Subdivision Map.
.a
SG:rm
•G:\GrpData\EngSvc\BO\2005\03-01\RA 1083 BO-45.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of
Recording to be completed by COB
I.D.95-2578030 Supervisors on the date shown.
cc: Public Works -T.Bell,Construction Div.
-J.Ysmael,Engineering Services
Shapell Industries of Northern California ATTESTED: MARCH Ol 2005
100 North Milpitas Blvd.
Milpitas,CA 95035 JOHN SWEETEN, Clerk of the Board of Supervisors and
Attn:S.Savage,S.Worden,&J.Gold County Administrator
American Casualty of Reading,PA
5820 Canoga Ave.,Suite 200
Woodland Hills,CA 91367
City of San Ramon
Attn:Chris Low By , Deputy
3180 Crow Canyon Pl.,Ste 140
San Ramon,CA 94583
RESOLUTION NO.2005/ 97
a
1
SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement
on North Gale Ridge Road for Road Acceptance RA 98-01083 (cross-reference
Subdivision 7796) San Ramon(Dougherty Valley) area. (District III)
DATE: March 1, 2005
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of March 1,2005 thereby establishing the six-month terminal period for the filing of liens in case
of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BANK/SURETY
September 21, 1999 American Casualty of Reading,PA
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $64,700.00,
Bond No. 929097490 issued by the above surety be RETAINED for the six month lien guarantee
period until September 1,2005, at which time the Clerk of the Board is AUTHORIZED to release
the surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements on Road
Acceptance RA 98-01083 are ACCEPTED AS COMPLETE. Upon completion of the warranty
and maintenance period, the San Ramon City Council shall accept the public improvements for
maintenance in accordance with the Dougherty Valley Memorandum of Understanding.
BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period
was established on July 13, 2004, and the $1,300.00 cash deposit (Auditor's Deposit Permit No.
337456 , dated September 7, 1999) made by Shapell Industries of Northern California and the
performance/maintenance bond rider for $19,215.00, Bond No. 929097490 issued by American
Casualty Company of Reading, PA be RETAINED pursuant to the requirements of Section
94-4.406 of the Ordinance Code until release by this Board.
RESOLUTION NO. 2005/97
. . . `
~
. ~
. .
Executed KoTrip Dcate
CMASURETY RA-1003,Gale Ranch,XREF SUB 7796
INCREASE - DECREASE RIDER
TOBEATTACHED TO and form part ofBond Number 929097490 issued by the
American Casualty .as
Surety, on behalf of of
Milpitas,CA . hereinafter referred
toeathe Principal, and infavor of Coun of Contra Costa
of Martinez A hereinafter
referred to as the Ob|igee, effective the ___31stday of August
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
iounderstood and agreed that effective the ___1%th___ day of Mav . -_%8D�--__. mnd
subject to all the tarmo, conditions and limitations of the attached bond' the penal sum thereof shall be and the
same ishereby Decreased from the sum nf
� ^0 �o188^°*
v� Hundredxn� Dollars($ ).to the
eurn of w Dollars ($ ).
IT IS FURTHER UNDERSTOOD and agreed that subject to all the tanns, conditions and limitations of the
,
attached bond, the aggregate liability of the Surety for any |oam occurring prior to said date shall not exceed the
sum of One Hundred Twenty Dollars )`
nrfor any loss occurring subsequent tosaid date shall not exceed the sum of
Nineteen Dollars >.
In no event, howmver, ahoU the aggregate liability of the Surety exceed the larger of the aforementioned sums, it
being the intent hereof to preclude cumulative liability.
SIGNED, SEALED AND DATED this __24dh ___- day of September . 2004 .
'`^~~~^~~ By: Shmpe|| Industries of Northern California,
A Division mfShmpel| Industries, Inc.
(Principal)
By By (Seal)
By (Seal)
American Casualty C
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 Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,
PENNSYLVANIA,a Pennsylvania corporation(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
Pamela L.Stocks, BeverlyA. 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 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, duly 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
corporate seals to be hereto affixed on this 7th day of January 1 2000
-.0000anwoftol- CONTINENTAL CASUALTY COMPANY
ksuA���4 100, 01SW W CA NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
C-1 AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
cofkpo"re
X JULY 31,
SM 1902
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,ss:
On this 7th day of January .2000 before me personally came
Marvin J.Cashion,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.
'*OFFICIAL SEAL"
MANE FAULKNER
"k.!Mate of 1111111nals
0 My CWw"SIM f*m 91171
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 each corporation printed on the
reverse hereof are still i force. In testimony whereof j have hereunto *bed my name and affixed the seals of the
said corporations this "�4tft day of Sell)terLlDer — I -.
ois CPA, CONTINENTAL CASUALTY COMPANY
do-O.M. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
0014 AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
O %*Coto 00
JULY 31,
SEAL C pcd
1897
Mary A. Ribikawskis Assistant Secretary
(Rev.10/1/97)
State of California
County of Los Ans
On September 24,2004_ before me, Sandy 11anner -- Notary Public
Date NAME, TITLE OF OFFICER., *JANE DOE, NOTARY PUBLIC'
personally appeared Pamela L. Stocks
r . 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( ishanoubscribed to the within instrument and acknowledged to me that
W
shelitm executed the same in bdWher/twic authorized capacityoee, and that by PWher/IW
signatureo) on the instrument the person ), or the entity upon behalf of which the person{o acted,
executed the instrument.
WITNE S my hand an ial seal.
SANDY HANNA
commission#1362157
C-California
Notary Plubli SIGMATURE OF NOTARY
Los Angel6s County
My Comm,Expires Jul-2,-2j�W
-IMP-W -W- -W- 9Nr9W "NMWF 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
.r...r..} PARTNER(S) LIMITED
GENERAL
NUMBER OF PAGES
.} ATTORNEY-IN-FACT
�,., ..} TRUSTEE(S)
GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Casualty Company
of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE
G-107426-113
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On October 28, 2004,1 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 ITNESS my hand and official seal.
Santa Clara county
M Comm.Expkes Aug 24,,2W5
Y
ahmol
607
Si ature of Notary Public
Optional Information
Title or Type of Document: Increase/Decrease Rider-Tract 7796,RA-1083
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary o
Sha ell Industries,Inc.
1-e
i
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 21, 1999,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DE SAULNIER AND CANCIAMI11A
NOES: NONE
ABSENT: NOS OPY
ABSTAIN: NONE
RESOLUTION NO,: 99/478
SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for RA 1083
(x-ref. SUB 7796), Dougherty Valley area.
The following document was presented for Board approval this date for, RA 1083 (x-ref.
SU-B 7796) located in the Dougherty Valley 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:
I. Cash Deposit
Deposit Amount: $1,300.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 337456 (September 7, 1999)
H. Surety Bond
Bond Company: American Casualty Company of Reading,PA
Bond Number and Date: 929097490 (August 31, 1999)
Performance Amount: $128,100.00
Labor&Materials Amount: $64,700.00
Principal: Shapell Industries of Northern California
y
f
SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for RA 1083
(x-ref. SUB 7796), Dougherty Valley area.
DATE: September 21, 1999
PAGE 2
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.
I hereby certify that this is a true and correct copy of
RL:TR:mw an action taken and entered on the minutes of the
G:\GrpData\EngSvc\130\1999\130 9-21-99.doc
Board of Supervisors on the date shown.
Originator: Public Works(ES)
Contact:Rich Lierly(313-2348)
cc: Pubic Works- R Bruno,Construction
Current Planning,Community Development ATTESTED:_ September 21, 1999
T—July 21,2000(P 1) — -
Sam Worden,Chris Truebridge and Jim Gold PHIL BATCHELOR, Clerk of the Board of
Shapell Industries of Northern California
100 Milpitas Blvd.,Milpitas,CA 95035 Supervisors and County Administrator
American Casualty Company of Reading,PA
21650 Oxnard Street,Suite 760,Woodland Hills,CA 91367
By - •' ,Deputy
TM
1
Subdivision: � 1 fl83 VRef 779�}
Bond No.: 929097490
Premium: $841.00
IWROVEMENT SEC'U'RITY BOND
FOR PUBLIC RIGHT OF WAY LANDsCAPE AGREEMENT
(Performance,-Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. RECITAL OF SAGREEMENT: The Principal has executed an agreement with the County to install
anda for ublic right of way landscaping, and other related improvements in Subdivision RA 1083
pay -public
XRef 77961 as specified in the Subdivision Agreement (Right of way Landscaping), and to
complete said work within the time specified for coWletion in the Subdivision Agreement (Right of way
Landscaping), m), all accordance with State and local laws and rulings thereunder in order to satisfy conditions
for fEng of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: eII industries of Northern California,A Division of Sha e11 Industries, Inc ,as�ipal,awl.
•
American Casua,Lty Com an of.Reading, PA ,a corporation organized existing under the laws
of the State of PA , aad authorized to transact surety business in California,
as Su�rety, yjointly, hereb anal severally bind ourselves,our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it.
A. Perfornyauace and Guarantee: One Hundred Twenty Eight Thousand one Hundred Dollars
Dollars ($ 128,1 . for itself or any city assignee udder the above County
Subdivision Agreement,plus
B. Payment: Sixty Four Thousand Seven Hundred and NO/100
Dollars $04,700.00 � _ �to secure the claims to which reference is made in Title
XV (commencing with Section 3+082) of Part 4 of Division III of the Civil Code of the State of
California.
I 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 therera provided, on is or its part, to be Dept and
d at the time and in the�nnanner therein.specified, and in all respects according to their true r
performed s�Pe P
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 sbail become
null and void; otherwise it shall be and remain in full force and effect.
♦i
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 Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania
corporation(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
Marie A. Cook, Individually
of Milpitas, California
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 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,
duly 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
corporate seals to be hereto affixed on this 18th day of June , 1998
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
co"P°PWt AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
2 � : JULY 3t. y SEAL s .., t MZ -�
1897 NA
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,ss:
On this 18th day of June _ 1998 ,before me personally came
Marvin J.Cashion,to me known,who,being by me duly sworn,did depose and say:that he reside nts 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 corpor#g9s;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.
ja
NOTARY
rusue
°ok CA••
My Commission Expires March 6,2000 Mary Jo Abe rotary 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 each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this 31 s t day of August 1999 .
�GAS 0W CONTINENTAL CASUALTY COMPANY
�.�� �- q►4. 'r�. to '� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
cO"ORAa�` , '�, AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
a JULY 31.
w SEAL. 'c 3� .. LWZ
1897 NAA •
Mary A. Ribikawskis Assistant Secretary
(Rev.10/1/97)
Srare of
Santa Clara
County of
Sept. 2, 1 1999 Linda.A. Fluken, Notary Public
On b�to« m*.
wu1E.TITLE OF OffrICIR.. 'JANE QOE. NOTARY PV9UC'
ponwaRy =onared Marie A. Cook
(x) persorsby known to mo-4A- (-)proved w me on the basis of saNssiactory evidence to be
the pWs06M wAM to ftwithin instNmwt and acknowledgrd to ma tnat
hs/she/Z" 0x4ad0d the sat"in bp/heroftaugWdZed and that by*WhK/tom{
atursk) on tM t 1M pefta*)* or the entity upon behalf of which the ponm(Ij acted,
ox@cut*d the ieabvmeM.
ur,on a F�uK�r�
TN my-hand A60 "&I*
1 51�4-
Commission# 1159356 1J'dw ) , � .00'0"% J
Z -e Notary Public-Cdifa'nic
Sarsto Clara County - SKiMTURE Of .T Y
..My Comm.Bpires OCt 23,2(01
Though the data below i$not nquirod by laws it may prove valuable to persons relying on the document
and could pnnr#nt MsuduiMt roattscl�n�u of this form.
CAFACffY WIMED'SY S*NER DESCRIPTION OF ATTACHED DOCUMENT
L-? uV01vt0uA.
t.) COAPOuTE OFFICER
TIME(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) (-.--)UMiTEa
(�GENEAAt
NUMBER OF PACES
(X) ATTOANEY•IN-FACT
(_)
GUARDIAN/CONSERVATOR
(_) OTHER
DATE OF DOCUMENT
SIGNER iS AEPAESENTtfrti:
NAME OF PERSON(S) OR ENTiiY(IES)
American Casual
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State of
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personally appeared ;Marie A. Cook
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personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s)
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whose name(s) is/are subscribed to the within instrument
i and acknowledged to me that he/she/they executed the
IK same in his/her/their authorized capacity(ies),and that by
JUL Am, JAMILL low.
LINDA A.FI.UKEN
his/her/their signature(s)on the instrument the person(s),
Commission# s 56 z or the entity upon behalf of which the person(s) acted, ...
Z _,�� Notary Public-California. > executed the instrument.
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Santa Mara County
my Comm.Bores Oct 23,2W 1
WITNESS my-hand
and official seal.
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1•` signature of otary Public
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Though the information below is not required by law, it may prove valuable to persons relying on the document and could preventA 71
fraudulent removal and reattachment of this form to another document.
4
Description-of Attached Document `
` Title or Type of Document:
Document Date: Number of Pages: t
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signers)
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Signer's Name: Signer's Name:
. ❑ Individual ❑ Individual 1
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❑ Trustee ❑ Trustee _
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{Ci 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Cali Toll-Free 1-800-876-6827
•` - SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code S66462 and 566463)
Effective Hate.
Subdivision: RA 3.083 (XRef 7796) E
Subdivider: t.... "�'. � Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: {Name and Title)
es of N. Calif, A divisicn cf
J. Michael Walford, Public Works Director _�pAj Jt] jcd " c-ss IM,.
a
(signature)
By: (point name&Nei) Marie A. Cook
RECOMMENDED FOR APPROVAL:
Senior Vice President & CFO
B}/• ZZ (signature)
lop
Engine erin . ervices Division Wnt name&title) Mark Westpha
Assistant Secretary
FORM APPROVED: Victor J. Westman, County Counsel
(NOTE:Al signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representative groups
pursuant to corporations Code 5313.) .
1.
PARTIES & DATE. Effective on the above date, the 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 SS66410 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 its 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 566499,and
the County ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $ Ir 300*00 cash,plus additional security, in the amount
,of$ 128#100 which together total one hundred percent(100%)of the estimated cost of the work. Such
additional seur is presented in the form of:
Gash,certified check or cashiers check. I
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. - n
B. For Pa menta Security in the amount of$ 64,700:00 ,which is fifty percent(50%)of the estimated
Y _ ty
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 S94-4.406 and S94-4.408 of the Ordinance Code.
CALIFORNIA ALLoPURPO*E ACKNOWLEDGMENT
I
i
Mate of California
County of Santa Clara
Sept. 2,, 1999 Linda �. F Luken, Notary Public
f on before me, =
f Date Name and Title of officer(e.g.,oJane Doe,Notary Public")
Marie A. Cook and Mark Westphal
!, personally appeared =
Name(s)of Signer(s)
J�]personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the persons) ;
whose name(s) is/are subscribed to the within instrument
9
and acknowledged to me that he/she/they executed the
t same in his/her/their authorized capacity(ies),and that by
LINDA A.FLUKEN his/her/their signature(s) on the instrument the person(s),
Commission# 1159356 Z or the entity upon behalf of which the person(s) acted, �?
z _ Notary�'ut�iic-Califolrnia f .�
Z - executed the instrument.
Santa cera County
• my Comm.Expires Oct 23,2001
hand and official seal.
WITNESS m
't y
1
Signature of No ryPublic
OPTIO 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.
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(s)
Signers Name:
1
Signer's Mame. Si 9 �
; ❑ Individual ❑ Individual ,
: )t] Corporate officer ❑ Corporate officer
Titles): Title(s):
❑ Partner--F-1Limited ❑ General ❑ Partner C] Limited General
' F1 Attorney-in-Fact ❑ Attorney-in-Fact .
❑ Trustee ❑ Trustee
a N 119
❑ Guardian or Conservator ❑ Guardian or Conservatory A
❑ Other: Top of thumb here Q Other: Top of thumb herd
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