HomeMy WebLinkAboutMINUTES - 05162006 - C.15 C�
TO: BOARD OF SUPERVISORS Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR —=R w,: ' Costa
DATE: May 16, 2006
osA �oi;K County
SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for Subdivision 04-08847,
Danville area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S): A
ADOPT Resolution No. 2006/ vefg for Subdivision 04-08847 (Right of Way Landscaping), approving
Subdivision Agreement (Right of Way Landscaping), for project being developed by Shapell Homes, a Division
of Shapell Industries, Inc., a Delaware Corporation, Danville area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Subdivision 04-08847 (Right of Way Landscaping) has been reviewed and processed by Public Works staff and
meets 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:_LZ ��
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
✓XPPROVE OTHER
r
SIGNATURES :
ACTION OF BO ON APPROVED AS RECOMMENDED OTHER
vOoF SUPERVISORS I hereby certify that this is a true and correct
1V/ UNANIMOUS(ABSENT �W ) copy of an action taken and entered on the
AYES: NOES:
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
date shown.
TR:kg
Z:\GtpData\EngSvc\BO\2006\05-16\SD 04-08847 BO-16.doc
Originator: Public Works(ES)
Contact: T.Rie(313-2363) ATTESTED: /"
cc: Public Works- A.Bell,Construction
Current Planning,Community Development JOHN CULLS , lerk of the Board of
T—December 28,2007(P 1)
Shapell Homes Supervisors and County Administrator
100 N.Milpitas Blvd.
Milpitas,CA 95035
ATTN: Sam Worden/Steve Savage
National Fire Insurance Co.of Hartford
2355 E.Camelback Rd.,Suite 500 By , Deputy
Phoenix,AZ 85016
ATTN: Pamela L.Street
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 16, 2006 by the following vote:
AYES: Uilkema,Piepho,DeSaulnier, Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006/
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision
04-08847, Danville area. (District III)
The following document was presented for Board approval this date for Subdivision 04-
08847, located in the Danville area.
A Subdivision Agreement (Right of Way Landscaping) with Shapell Homes, a Division
of Shapell Industries, Inc., a Delaware Corporation, developer, whereby said developer agrees to
complete all improvements as required in said Subdivision Agreement (Right of Way
Landscaping) within two year(s) 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: $1,000.00
.Deposit made by: Shapell Homes, a Division of Shapell Industries, Inc., a
Delaware Corporation
Auditor's Deposit Permit No. and Date: 456864 January 5, 2006
TR:kg I hereby certify that this is a true and correct copy of an
Z:\GrpData\EngSvc\BO\2006\05-16\SD 04-08847 130-16.doc
Originator: Public Works(ES) action taken and entered on the minutes of the Board of
Contact: T.Rie(313-2363) Supervisors on the date shown.
cc: Public Works- A.Bell,Construction
Current Planning,Community Development ,�,/
T-December 28,2007(P1) ATTESTED: /14!:t 4f, J4W-4
Shapell Homes
100 N.Milpitas Blvd. JOHN CULLEN, CU&of the Board of Supervisors and
Milpitas,CA 95035 County Administrator
ATTN: Sam Worden/Steve Savage
National Fire Insurance Co.of Hartford
2355 E.Camelback Rd.,Suite 500
Phoenix,AZ 85016
ATTN: Pamela L.Street By ,Deputy
#1 ale
RESOLUTION NO.2006/ /Y
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision
04-08847, Danville area. (District III)
DATE: May 16, 2006
PAGE: 2
II. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929 270 283 October 25, 2005
Performance Amount: $82,560.00
Labor&Materials Amount: $41,780.00
Principal: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware
Corporation
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. 2006/
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and §66463)
Subdivision: SUB 04-08847 Effective Date: b iQ2S [ S
HOMES
Subdivider: Shapell Completion Period: 2 year
a Division of Shapell Industries: Inc., a Delaware Corp.
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
Maurice M. Shiu, Public Works Director
By: (signature)
(print name 8 dtte) I !ss+- fir_
RECOMMENDED FOR APP 1 :_1
ye &By: (signature)9\1 T, IJA
Engineering Services D' ision (print name&U e)
obet+ b, Moo-ire- RSS.sf-. V. �.
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"Coun ;'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.
3. 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: $ 1000.00 cash, plus additional security, in the amount of _$
82560.00 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,the Subdivider guarantees performance underthis Agreement and maintenance of the work for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
8. For Payment: Security in the amount of$ 41.780.00 which is fifty percent(50%)of the estimated cost of the
work. Such 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 paymentto 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
County of Santa Clara
On October 26, ,2005,before me, Janice T. Kruse, Notary Public personally appeared
Robert D. Moore and Ken Cox known to me to be the persons whose name are
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities, and that by their signature on the instrument, the persons or
the entity upon behalf of which the persons acted, executed the instrument.
uwlcE t.IatusE WITNESS my hand d official seal.
Commission* 1597428
Notary Public-California y _
Santa Clara County
t1AyComm.Expires Aug 24,2oD9 Sign ture of Notary Public
Optional Information
Title or Type of Document: Subdivision Agreement 04-08847
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries, Inc.
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nount of money described above�s for Treasurer"sroceidt of above�dmount irappraved: Receipt ofabove a"mount is`iier`etiq
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COUNTY OF CONTRA COSTA_
„DEPOSIT PERMIT ) -
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L1 , MARTINEZ,CALIFORNIA'
fORGANIZATION NIJAABER
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aunt of money de§eribed'akio4e is for Treasurer's-receipt of above amount is approved Receipt of above amount is hereby
l posit into•the County Treasury. t acknowledged. '
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f Ci'�f'a lf3� �Date _ � �•
-Signed: / Signed: 1
7 � EXT. 3Y f putt'County"Auditor ` - Deputy County Treasurer
411
(7 93)
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819800-0800: 61190896, $1,000.00, SD8847, Cash Performance DBond,
Shapell Homes, 100 North Milpitas Blvd, Milpitas, CA 95035
0649-9665 / 112300: 61190887, $500.00, R53055, Record of Survey
Deposit, Paul Fra6klin, 145 Glorietta Blvd., Orinda, CA 94563
0649-9665 / 112300: 61190888, $500.00, R53056, Record of Survey
Deposit, DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, CA
94526
0649-9665 / 112300: 61190889, $500.00, R53057, Record of Survey
Deposit, Bud Laverne Simmons, 3859 Joan Ave, Concord, CA 94521
0649-9665 / 112300: G1190890, $500.00, R53090, Record of Survey
Deposit, Leland G. Anderson, 40 Dos Posas, Orinda, CA 94563
0649-9665 / 112300: G1190897, $6,900.00, 51) 8847, Landscape
Inspection Fee, Shapell Homes, 100 North Milpitas Blvd, Milpitas, CA 95035
0649-9665 / 112300: 61190902, $10,000.00, RA 1168, Road Acceptance
Inspection, Shapell Homes, 100 North Milpitas Blvd, Milpitas, CA 95035
0648-9140 / 112200: 61191074, $5,620.00, BWDA 52, Sub Regional Fees,
Signature Properties, 4670 Willow Rd, Ste 200, Pleasanton, CA 94588 -
i
1
Subdivision,SUB 04.08847
SW M", -9=7-0-'2$3
Premium
Ary cis m uncle!VJs ea d stmU be sent
`2115"T' ."'tamelback Road
Suite 500
P oerax, LLQ. 8 16
IMPROVEMENT SECURITY BOND l
FORSUBDIVISION AGREEMENT 0•W L•/
(Performance,Guarantee and Paymenq Wendt Ranch III
(Gov.Code,%6649956499.10)
1. RECITAL OF SUBDIVISION AGREEMENT.The Principal has executed an agreement with the County of Contra Costa(hereinafter'CounV)to install and pay
for street,drainage and other improvements in Subdivision 04.8847 as specified in the Subdivision Agreement,and to complete said work within the time specified for completion in
the Subdivision Agreement,all in accordance with State and total laws and rulings thereunder in order to satisfy conditions for fling of the Final Map or Parcel Map for said subdivision.
Under the terms of the Subdivision Agreement,,Principal Is required N furnish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers and
maleftatmen.
. 2. OBLIGATION.- Shapell Homes,a Division of Shapetl Industries Inc.,A Delaware Corp. as Principal,and
National Fire Insurance Company of Hartford ,a corporation organized and existing under the lays or the Stale of
CT and authodzed to transact surely business in Carifomia,as Surety,hereby jointly and severalty bind ourselves,our heirs,executors,
administrators,successors and assigns to the County of Contra Costa,California to pay it:
(A. Performance and Guarantee) Efghl-T:vo Thousand Five Hundred Sixty Dollars(g 82,560,00 )for itself or any city
assignee under the above Subdivision Agreement.
(8. Payment) Forty-One Thousand Seven Hundred Eighty and 001100 DDUars(S 41,780.00 }to secure the claims to
which reference Is made In Tills XV(commencing ywilh Section 3082)of Par!4 of Division III of the Civl Cade of the Slate of Cafiforia.
3. CONDITION,This oblgellonissub)eclto(he followingcondition.
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,sdminlslrators,
successors or assigns,shall in all&-rigs stand to and abide by,and well and UO/keep and perform the covenants,conditions and provisions in the said agreement and any alteration
thereof made asdherelnprovided,on his or their 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 indemn ly and save harmless tha Counly of Contra Costa(or city assignee),Its officers,agents and employees,as therein stipulated,then this obligation shall become
null and_vold;otherwise it shall be and remain in Nil force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,
irluding reasonable attorney's fees,incurred by the County of Contra Costa(or city assl3nee)in successfully enforcing such obligation,and to be laxed as costs and included in any
judgment rendered..
0. The condition of this obligation,as to Section 2.(B)above,Is such that said Principal and the undersigned as corporate surety are held firmly bound
unto the County of Contra Costa and all oontractors,subcontractors,laborers,materialmonand other persons employed in the performance of the aforesaid Subdivlslon Agreement and
referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due uiider the Unemployment Insurance Act with respect to this work or labor,
and that the Surety will pay the same in an amount not exceeding the.amount hereinabove set forth,and also in case suit is brought upon this band,Will pay,in addition to the lace
amount thereof,costs and reasonaVe expenses and fees,including reasonable attorney's fees,Incurred by the County of Contra Costa(or city assignee)in successfully enforcing such
obigallon,to be a warded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered.
It-is hereby expresshe sOpulaled and agreed that this band shall Inure to the benefit of any and all persons,companies,and corporations entilled to fits claims
under Title 15(commencing with Section 3082)91 Part 4 of Dhision 3 of the CkAl Code,sous to give a right of acVon to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully:performed,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect.
C. No change,extension of time,alteration,oraddition to the terms of said Subdivision Agreement or the work to be performed thereunder or any plan
or specifications of said work,agreed to by the Principal and the County of Contra Costa(or city assignee)shall relieve any Surety from liability on this bond;and consent is hereby given
to make such change,extension of time,alteration or addition without further notice to or consent by Surety;and Surety hereby waives the provisions of Civil Code Section 2819 and
holds itself bound without regard to and independently of any a-.%n against the principal whenever taken,
SiGNED AND SEALEDOctober 25 20. 05. National Fire Insurance Company
51�apell s; a iviSion' ofShapell
Principal: Indi�t-ri eq T_Tlc, D 1 aw.;- Corp, SuretY: of Hartford
Address: 100 N. Milpitas Blvd_ Address: 2355 E. Camelback Road, Suite 500
Milpitas, zf: 95035 PbPen#0 AZ Zip: 85016
Print Name: Print Name: Pamela L. Stocks
Titre: �t{{ _ Title. Attorney-711—Fact
(Note:All signatures mult be acknowledged: For corporations,two officers must sign. The first signature must be that of the chairman of the board,presldeni,or vice•presidaM;the
second signs mus thalof the secretary,assistant secretary,thiel financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.))
By: Form Approved by County Counsel
(Rev.9;03)
H?f uklF WSvFAq'acp SscarrA.9.0).wpd
Print Name and Title: ham, \
T
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,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 Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their
behalf bonds,.undertakings and other obligatory instruments of similar nature
In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the
acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly
adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 12th day of September,2005.
GASr tt+SURq & Continental Casualty Company
��.� ,t. National Fire Insurance Company of Hartford
c°it°O1°TF American Casualty Company of Reading,Pennsylvania
Z $ JULY 11,
o� SEAL "� T7-1 Isoz
1891 NAIt� • a
Michael Gengler Sen' r Vice President
State of Illinois,County of Cook,ss:
On this 12th day of September,2005,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.
'OFFICIAL SEAL'
MARIA M.MEDINA
: Notary Public,mmiMM Sof 1 • �� ' • `
i MY Cosron�p 3/15Mtb/OY
My Commission Expires March 15,2009 Maria M.Medina Notary Public
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,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,w �r��f I have hereunto subscribed my name and affixed the seal of the said,corporations this
25th day of October UJ
GAS tl lir %1ASU rContinental Casualty Company
National Fire Insurance Company of Hartford
00"Paurf S� �NclrFo American Casualty Company of Reading,Pennsylvania
Z s JULY 11,
OV SEAL � `,�. e qOt
•
1897 NA •
Mary A.Rtlbikaiakis Assistant Secretary
Form F6853-11/2001
State of California
County of Los Angeles
On October 25, 2005 before me. Sandy Hanner- 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(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that
Wshe/thft executed the same in-bis/herl*ak authorized capacityl)m), and that by lawher/4
signature(s) on the instrument the person(t), or the entity upon behalf of which the person(s) acted,
executed the instrument.
SANDY HANNER WITNES my hand and off' - I seal.
Commission#1362157
4AMy
Notary Public-CaliforniaIt Los Angeles CountyIGNARE OF NOTARY
Comm.Expires Jul 2,2006
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
(�) PARTNER(S) LIMITED
GENERAL
NUMBER OF PAGES
(X) ATTORNEY-IN-FACT
(_} TRUSTEE(S)
(—) GUARDIAN/CONSERVATOR
(�) OTHER
DATE OF DOCUMENT
SIGNER,.IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Natinnal Fire Insurance Company of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
G-t 07426.8
f
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 (collectively 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.
DISCLOSURE OF PREMIUM
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 suretylinsurer deductible.
Form F7310
lot'
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On October 26, ,2005, before me, Janice T. Kruse, Notary Public personally appeared
Robert D. Moore and Ken Cox known to me to be the persons whose name are
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities, and that by their signature on the instrument, the persons or
the entity upon behalf of which the persons acted, executed the instrument.
JANICE I KRUSE ITNESS my hand and official seal.
Commission# 1597428
Notary Public-California
Santa Clara County
@mycomm.t�p+resau92a,2oo Si ature of Notary Public
Optional Information
Title or Type of Document: Improvement Bond 929270283 - Sub 04-08847
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries, Inc.