HomeMy WebLinkAboutMINUTES - 04082008 - C.12 sti `
TO: BOARD OF SUPERVISORS Contra��- `'-�'•`;
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR 01
Costa
DATE: April 8, 2008 Co. �``�.•�`~4 CUnt
s""CouK ily
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 04-01160
(cross-reference Subdivision 99-08381), Danville area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No: 20081,23V for Road Acceptance 04-01160 (cross-reference Subdivision 99-08381),
approving Subdivision Agreement (Right-of-Way Landscaping), for project being developed by Shapell
Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District Ill)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Subdivision (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: ��� G�� 4�✓
_ ECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
_Ae,'(PPROVE OTHER
SIGNATURES
ACTION OF B D ON APPROVED AS RECOMMENDED OTHER
VO E OF StIP VISORS
UNANIMOUS(ABSENT ) I hereby certify that this is a true and correct
AYES: NOES: copy of an action taken and entered on the.
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
BB:vz date shown.
G:\EngSvc\BOA-1008\04-08\BO-16 RA 04-1160.docx
Originator: Public Works(ES)
Contact: T. Ric(313-?363)
cc: Public Works- Construction L111A. OF
Current Planning.Community Development ATTESTED: 40
February s.2olt)(PI)
Shapell Homes JOHN CULLEN, Jerk fthe Board of
Sh
N.Milpitas Blvd.
Milpitas,CA 91035 Supervisors and County Administrator
Atm:Sam Worden
Liberty Mutual InsuraneeCompany
505 S.Main Street.Suite 830
Oran-c.CA 92868 By �� , eputy
Atln:Pamela L.Stocks
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 8, 2008 by the following vote:
-AYES: Gioia,0ilkerna,Piepho,Bonilla and Glover -
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2008/.2 3 y
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Road
Acceptance 04-01160 (cross-reference Subdivision 99-08381), Danville area.
(District 11I)
These improvements are approximately located near Casablanca Street.
The following document was presented for Board approval this date for Road Acceptance
04-01160 (cross-reference Subdivision 99-08381), located in the Danville area.
A Subdivision Agreement (Right-of-Way Landscaping) with Shapell Homes, a Division
of Shapell Industries, Inc., a Delaware Corp., developer, whereby said developer agrees to
complete all improvements as required in said Subdivision Agreement (Right-of-Way
Landscaping) within two years 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:
1. Cash Deposit
Deposit Amount: $1,000.00
Deposit made by: Shapcll Homes
Auditor's Deposit Permit No. and Date: 481661 April 17, 2007
BB:v, I hereby certify that this is a true and correct copy of an
G:`•.EngSvc\.B0`2008\04-08\l3O-16 RA 04-1160.docx action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: T.Rie(313?363) Supervisors on the date shown.
cc: Public Works- Constriction
Current Planning.Community Development
T-February 8.20 10(P 1) ATTESTED:
Shapell Homes JOHN CULLEN, Clerk of the oard of Supervisors and
100 N.Milpitas Blvd.
Milpitas.CA 05035 County Admi i tr for
Atm:Sam Worden
Liberty Mutual Insurance Company
505 S.Main Street,Suite 830
Orange.CA 92868
Attn:Pamela L.Stocks By , Deputy
RESOLUTION NO. 2008 L.7 q
�--i 2
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Road
Acceptance 04-01160 (cross-reference Subdivision 99-08381), Danville area.
(District III)
DATE: April 8, 2008
PAGE: 2
II. Surety Bond
Bond Company: Liberty Mutual Insurance Company
Bond Number and Date: 024022270 March 27, 2007
Perfonnance Amount: $35,500.00
Labor & Materials Amount: $18,250.00
Principal: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware
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.
1!!2
Subdivision: R.A04-01160 (x-refSD99-0838.1)
Bond No.: 024022270
Premium: $266.00
IMPROVEMENT SECURITY BOND Alamo Creek
TOR PUBLIC RIGHT OT WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1, Ri?cy , OF SUI11MViSION AGRrriyirN'1': The Principal has executed an agreement with the County to
install and pay for public right of way landscaping, and other related improvements along RA04-01160
(x-ref SD99-0838 l)as specified in the Subdivision Agreement(Right of Way Landscaping),and to complete
said work within the time specified for completion in the Subdivision Agreement (Right of Way
.Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision.
2, ,QBTjC:AT10N: Shapell Homes, a Division of Shapell Industries, Inc.,'a'Delawarc Corp. , as
Principal, and Liberty Mutual Insurance Company ,acoiporatlon organized
existing under the laws of the State of MA , and authorized to
transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs,
executors, administrators, successors, and assigns to (lie County of Contra Costa, California to pay it:
A. Performance and Guarantee: Thirty Five Thousand Five Hundred and 00/100
Dollars($ 35,500.00 ) for itself or any city assignee under the above County Subdivision
Agreement, plus
B. Payment: Eighteen Thousand Two Hundred Fifty and 00/100 Dollars ($ 18,250.00.._)
to secure the claims to which reference is made in Title XV(commencing with Section 3082)ofPart
4 of Division IiI of the Civil Code of the State of California.
3. CONDITION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to
and abide"by, and well and truly keep and perform the covenants, conditions andprovisions in the
e. said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and
t)erforried 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 frill force and effect. _
r _
•..x,45
v' � .i F. ;� •.�1 a
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e
State of California
County of Los Angeles
March 27S$ Beverly A. Hall-Notary Public
On before me,
Oate NAME. TITLE OF OFFICER.. -JANE OOE. 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(W is/Ace subscribed to the within instrument and acknowledged to me that
tw1she/%ft executed the same infte/her/thtr authorized capacityk w), and that by Ws/her/p air
signature(s) on the instrument the person(g), or the entity upon behalf of which the person(sr) acted,
executed the instrument.
BEVERLY A. HALL WITN S my hand and official e
Commission# 1717989
Notary Public -CaliforniaM'L" 4,
Los Angeles CountyIGNATURE F NO ARY
MVCOrrM80wjan16.2Q1j r
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the documen
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)
Liberty Mutual Insurance Company
SIGNER(S) OTHER THAN NAMED ABOVE
C3.107426.8
171 848::
THIS POWER.OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.:
This Power of Attorney limits the acts of those named herein, and they-have no.authorityto bind the Company except in the manner and to
the extent herein stated.. ... .
LIBERTY MUTUAL INSURANCE COMPANY -:
BOSTON,.MASSACHUSETTS
POWER ATTORNEY
KNOW ALL PERSONS. BY THESE PRESENTS: That Liberty Mutual Insurance:Company (the'"Company");...a.Massachusetts stock insurance.
company,pursuant to and byauthority of the By-law and Authorization hereinafter set forth;does.herebyname,constitute and appoint
PAMELA L.STOCKS, BEVERLY.A. HALL;:SANDRA.V. HANNER,.GINA O'SHEA,ALL OF THE CITY OF.SHERMAN.OAKS,.
STATE OF CALIFORNIA... .....................................................
::............: ...............................................
. .
each individually if there be.more than one named,:its true and lawful attorney-in-fact to make, execute,seal, acknowledge and deliver;for and.on its
behalf.as surety:and as its act ad deed,any-and all undertakings,bonds, recognizances and..other surety obligatio*s in the penal.sum.not exceeding
FIFTY MILLIONAND 00/100*****.****.***********.. .. DOLLARS $ 50,000;000.00.
( each,and the
execution of:such undertakings, bonds, recognizances and other.surety obligations, in:pursuanm of these':presents;.shall be as binding upon the .
Company:as if they had been duly signed by the.president and attested by the:secretary of the Company in their own proper persons. .
That this power is made and executed pursuant to and by authority:of the following By-law and Authorization: .:
ARTICLE XIII-Execution of Contracts:.Section 5.Surety Bonds and Undertakings.
Any officer of the.Company.authorized for that purpose in writing by.the chairman.or.the president, and subject to such limitations as the
chairman or the president may prescribe;shall appoint such attorneys-in-fact,as may be necessary to act in.behalf of the Company to make,
execute,,.seal,.acknowledge and deliver as.surety...any.'and all undertakings, bonds, .recognizances and other surety.obligations. Such .a
w:. attorneys-in-fact, subject to the limitations set forth.in their respective.powers of attorney,shall have full power to.bind the Company by their H
O signature and.execution-of any such instruments and to attach thereto.the seal of the Company. When so executed such instruments:shall be d
m .. as binding as if signed by the.president and attested by the secretary..
cy By the following instrument the.chairman or the.president has authorized the officer or other.official named therein to appoint attorneys-in-fact:.
d
ea+r
M C Pursuant to Article XIII,.Section 5 of.the By-Laws, Garnet W..Elliott;Assistant Secretary of.Liberty Mutual Insurance Company, is hereby
�.� authorized to appoint such attorneys-in-fact as may be:necessary to act:in:behalf of the Company::to make,execute;.seal, acknowledge and _
'a O deliver as surety any and all undertakings,.bonds,recognizances and other surety obligations =:O
.W That the By-law and the Authorization set forth above are true co thereof and are now in full force and effect. �+W.
> IN WITNESS:WHEREOF, this Power of Attorne has been:subscribed'b an authorized officer:or official of the'Com an and.the corporate seal of
L.
y > Y Y. P Y .. P. OE
Liberty:Mutual Insurance Company has.been affixed thereto in Plymouth Meeting,Pennsylvania this 15th day of April. «C
d O 2005 Q V)
d LIBERTY MUTUAL INSURANCE COMPANY : . L:a
O.:
60
C p �
�Garn�W.Elliosistant Seor� o
y+, COMMONWEALTH OF PENNSYLVANIA .ss
y. COUNTY OF MONTGOMERY. �.
° C
+: On this 15th day of April
° 2005 ,.before.me, a Notary.Public, personally came Garnet W. Elliott, to me known,.and acknowledged
E' .that.:he.is an Assistant Secretary of.Liberty Mutual Insurance Company; that:he knows the.seall of said corporation;.and.that he executed the above
ai Power.of Attorney and affixed the corporate seal of Liberty Mutual:Insurance Company thereto with the.authority and at the direction of:said corporation.
.� ` P O
:a IN TESTIMONY WH ( CSF, v2 unto subscribed
. C . .
m name and affixed.m notarial seal at.Pl mouth.Meetin Perins lvania,on the da and ear V
vfirst above written. ssv
..C14 .
�. �..
_
*>+ � COMMONWEALTH OF PENNSYLVAN..IA
N
'SoaaSeMC—O7 Serma
Psee;NatP � By Z 0 pTer sa PastellaNOtary Public My Cwm6sim gres Mar.28.2X9
YL <0 Mrrn3;ar,N"Slvamn Acs":Aocn of N&Wfto
CERTIFICATE.
..
I,the:undersigned,Assistant ecretary of Liberty Mutual.lnsurance Company;do hereby.certify that the.original power of attorney of which the foregoing.
is a.full;.true.and correct copy; is in full force and effect:on the date.:of.this certificate;and.I dofurther certify.thatthe officer or official.who"executed the
said power.of attorney is an.Assistant Secretary specially authorized by the chairman or the.president to appoint attorneys=in-fact as provided.in Article: .
XIII;Section 5 o the By-laws:of Liberty Mutual Insurance Company..
This..certificate and.the.above ower..of attorney ma be signed b facsimile or mechariicall re roduced signatures.under and b authority of,the
P Y Y 9 Y Y P g. Y ty
following vote of:the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March; 1980.
VOTED.that the facsimile:or mechanicall re roduced signature of.an assistant secreta of.the company,
- - y gwherever appearing upon
certified copy of.any.power.of attorney issued by the.company.in Gonne tion with suretybo ds,shall be valid and binding upon the company
with the same force and effect as though manually affixed:
IN:TESTI ONY WHEREOF, v hereunto subscribed my name and affixed the corporate seal of27th
.the said company,this day of
M I
MarchMarchG$��I .
•
By t
David.M.Carey,-Assiptggi Secretary
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On March 29,X007, 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 KRUSF--j WITNESS my hand and official seat.
Commission#1597428 1
Notary Public-California
Santa Clara County
'
My Comm.Expires Aug 24,200 Sigture of NotaryPublic
Optional Information
Title or Type of Document: Security Bond Landscape 024022270
Capacity Claimed by Signer: Assistant Vice .President and Assistant Secretary o
Shavell Industries, Inc.
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT 4•,r� r�_ 1
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,.CALIFORNIA wr
TO THE TREASURER`
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
(urganizanon)
(For Cash Collection Procedures See County Administratm's Bulletin'105.)
DESCRIPTION FUND/ORG SUBTASK OPTION ACTIVITY AMOUNT
ACCT
$
Sales Tax 100300 007 .
;_.22:30'
Sale of Prints 004500 9931 REV 6A0196 278:.7.0,
Corner Records. 000651. 9660 16LO88D 50.:00
Install Condiut Immanuel Baptist 004660 9755 6X4374 5,000:00
Ind 907876. DAVI 000672.. GU26.00 50:00.
Ind 950595 Ratliff '004527` '2310 927SAS 75:00
BW RTDIM:FEES 2/07 007983 9595 . 58.7,144.82. .
DA 88 FEES APN161.-040-020. 007586. ..9.140 126:88:
DA A0 A FEES APN375-155-001 . 007665. 63;84:.
DA 72 FEES APN 164-205-022 007544 .226:29
DA 57 FEES 007538 600.00:
DA FEES 007597 5,028:95.
DA FEES 007585 563;56.
DA 72 FEES 007544 ♦ 1:46:40
SD 06-09019 BASE MAP.FEE .001600. 9606 3,850:00.
MONUMENT FEE 1 000651.196601REV 16LO81D 1;080:00
Explanation: TOTAL $
ENG SVC: G.1221229-G1221252 VOIDS G1221245-G12212C DEPOSIT 5,408,016.74
Deposit consists of the following items
ACCT: G1221422-G1221432 COIN and CURRENCY $ 56.00
INVOICES: 907876,950595 CHECKS,M.O.,ETC. $ 5,407,966.74
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER ..4 -Firs
DATE ;':'f'•i Cir /•. r.
ASSIGNED
The amount of money described above is for reasurer's recelpt of above amount is Receipt ofabove amount is hereby'kknowledged.
deposit into the County Treasury :`~
fi i
t fDate_/
Signed: \. `— Signed:
Title: Acct.Clk.Adv EXT.3-234CI'VDeputy CountyAudltor Deputy County Treasurer
D-34 (7-P/3/1j.,
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT r'-
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA
TO THE TREASURER: '
RECEIVED FROM
Public .Works ORGANIZATION NUMBER 650
(For Cash.Collection Procedures See County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUBTASK OPTION ACTIVITY AMOUNT
ACCT.
SD06=0901.9 LIGHT.FEE 007475. 9895 .: .560.00
BW RTDIM FEES CIFP2006-1. 007983. 9.6.95, 4,667,35.0:00..
TRUST'FUND 000649 9665 116;700100
V 819800 0800 . 19100,00:
Explanation: TOTAL. $
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT % ,r
PERMIT DP F" t':' 1,%j
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Rec_elpt of abovr amount is hereb acliriowledged.
deposit into the County Treasury
'Signed.,.;..fid{`a�;;�' ; ''F''1:�'`:t:➢Date /- /' n / i � �'•..
_'Signed:
Title: Acct. Clk.Adv EXT.3-2344 -' i Deputy ou±15 rjAjr1 Deputy County Treasurer
D-34 Rev.(7-93)
C/2
0649-9665 /112300: G1221229, $30,400.00, RA 04-01159, Landscape
Inspection, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
0649-9665 /112300: &1221232, $3,400.00, RA 04-01160, Landscape
Inspection, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
0649-9665 /112300: 61221234, $3,900.00, 5D04-08941, Landscape
Inspection, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 .
0649-966.5 /112300: G1221236, $27,500.00, 5[)99-08381, Landscape
Inspection, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
0649-9665 /112300: 61221238, M. Central, LLC, 385 Pittsburg Ave.,
Richmond, CA 9.4801
$1,500.00, 5D 06-9055, Map Check
$1 ,500.00, 51) 06-9056, Map Check
0649-9665 /112300: G1221248, $48,500.00, 5D 06-09019, Inspection,
Centex Homes Bay Area, 2527 Camino Ramon, Suite 100, San Ramon, CA
94583
819800-0800: G1221230, $3,700.00, RA 04-01159, Cash Peformance Bond, ,
Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
819800-0800: &1221230, $1 ,000.00 RA 04-01160, Cash Peformance Bond, ,
Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
819800-0800: 61221233, $1 ,000.00, 5(), 04-08941, Cash Peformance Bond,
Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
819800-0800: G1221235, $3,400.00, 5D 99-08381, Cash Peformance Bond,
Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
819800-0800: 01221248, $10,000.00 5D06-09019, Cash Peformance Bond,
Centex Homes Bay Area; 2527 Camino Ramon, Suite 100, San Ramon, CA
94583
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463) Q�
Subdivision: RA 04-01160 (x-ref SD99-08381) Effective Date: 0
Subdivider: Shapell Homes, a Division of Shapell Completion Period: 2 year
Industries, Inc.,A Delaware Corp.
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
C NTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
0110. 1
11tt; u Ic Works Director
(signature)v '
(print name Z
OMMENDED FOR APPROVAL: T
By: , (signature) •
Engineering Se . i i (print name a title)
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: $ 1.000.00 cash, plus additional security, in the amount of$ 35.500.00
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 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$ 18.250.00 ,which is fifty percent(50%)of the estimated cost of the
work. Such security is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
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2Z
yz
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
�z
5 State of California
zCounty of Santa Clara
On March 29,3007, 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
z`
subscribed to the within instrument and acknowledged to me that they executed the same
z? in their authorized capacities, and that by their signature on the instrument, the persons or �S
the entity upon behalf of which the persons acted, executed the instrument.
' WITNESS my hand and official seal. ;<
JANICE T.KRUSE z<S.
�? Commission#1597428 Z �--. � is
ibMyComm.
Notary Public-CaliforniaSanta Clara CountyExplresAug24,2009 Si ature of Notary Public z�
X.
2�
?{ Optional Information
Title or Type of Document: Subdivision Agreement RA04-01160
z` S�
3' zZ
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of ??
Shanell Industries, Inc. Z>>
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