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TO: BOARD OF SUPERVISORS .,.: -
Contra
FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR " Costa
DATE: June 3, 2008
srq.�o�iy County
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for PA 04-00019 (cross-reference
SD 99-08306), being developed by Shapell Homes, a Division of Shapell Industries, Inc., a
Delaware Corp., San Ramon (Dougherty Valley) area. (District I1I)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JusTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/ for PA 04-00019 (cross-reference SD 99-08306), approving Subdivision
Agreement (Right-of-Way Landscaping), for project being developed by Shapell Homes, a Division of Shapell
Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
PA 04-00019 (cross-reference SD 99-08306)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. A.--' SIGNATURE.
U G�
_--RECOMMENDATION OF COUNTY ADMINISTRATOR
_R COMMENDATION OF BOARD COMMITTEE
_•/APPROVE OTHER
t
SIGNATURE (S):
ACTION OF BO ON APPROVED AS RECOMMENDED_,,L<,OTHER _
I hereby certify that this is a true and correct
VO OF SUPERVISORS copy of an action taken and entered on the
UNANIMOUS(ABSENT ) minutes of the Board,of Supervisors on the
AYES: NOES: date shown.
ABSENT: ABSTAIN:
LLJc
Cr.1EngS.c1.B0:2008106-03tPA 04-00019 DO-16 FORM.docx
Originator: Public Works(ES)
Contact: T.Ric(313-2363) ATTESTED: o
cc: Public Works- Construction
Current Planning,Community Ueeelopmcnt
Shapell Homes JOHN CULLEN, Clerk of the Board of
Attn:Jim Gold/SamWorden
100 N.Milpitas Blvd, Supervisors and County Administrator
Milpitas,CA 95035 `
The Continental Insurance Company
Attn:Pamela Stocks
2355 E.C:mielback Road,Suite 500
Phoenix.A%85016
City of San Ramon
2222 Camino Ramon By , Deputy
San Ramon.CA 94553
Attn:Chris Low
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 3, 2008 by the following vote:
AYES: Gioia,Uilkema,Piepho,Bonilla&Glover
NOES: none
ABSENT: none
ABSTAIN: none
RESOLUTION NO. 2008/ �'3
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for PA 04-00019
(cross-reference SD 99-08306), being developed by Shapell Homes, a Division of
Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area.
(District IJI)
These improvements are approximately located near Stoneleaf Road and Basswood
Drive.
The following document was presented for Board approval this date for PA 04-00019
(cross-reference SD 99- 08306), located in the San Ramon (Dougherty Valley) 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 fi•om 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: $4,200.00
Deposit made by: Shapell Homes
Auditor's Deposit Permit No. and Date: 502633 May 8, 2008
1-1-:;c I hereby certify that this is a true and correct copy of an
G:\EngSvc\R0\2008\06-03\PA 04-00019 80-16 FORM.docx
Originator: Public Works(ES) action taken and entered on the minutes of the Board of
Contact: T.Rie(31J 2363)
cc: Public Works- Construction Supervisors on the date shown.
Current Planning,Community Development
Shapell Homes
Attn:Jim Gold/Sam Worden /
100 N.Milpitas Blvd, ATTESTED: ®�r o
Milpitas,CA 95035 .
The Continental Insurance Company
Attn:Pamela Stocks JOHN CULLEN, ['
Clerk of the Board of Supervisors and
2355 E.CamCCounty y
lback Road,Suite 500 Ct Administrator
Plwcnix.AZ
City orSan Ranwn
2222 Camino Rai on
San Ramon,CA 94553
Attn:Chris Low
By ,Deputy
RESOLUTION NO.2008/
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for PA 04-00019
(cross-reference SD 99-08306); being developed by Shapell Homes, a Division of
Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area.
(District III)
DATE: June 3, 2008
PAGE: 2
II. Surety Bond
Bond Company: The Continental Insurance Company
Bond Number and Date: 929 412 141 April 24, 2008
Performance Amount: $419,200.00
Labor&Materials Amount: $211,700.00
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.
Subdivision: PA 04-00019 (cross-ref SUB 8306)
Bond No.: 929 412 141
Premium: $1,886.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGI{T O.F WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government(;ode Sections 66462 and 66463)
1. RLCITAI. OF Sgt;DIVISI6N AGREE,lIrN'r: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping, and other related improvements in PA 04-00019
{gross-ref'SUB 83.06 _as specified in the Subdivision Agreement (Right of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agrecmcnt(Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for tiling of the final -Map or Pareel Map for said Subdivision.
2. 410L1GA'rrON: Shapell Homes, a Division o1 Sfiapell Ind its( aDelaware COtUas Principal,,nd
The Continental Insurance Company ,a corporation organized existing under
the laws of the State of PA and authorized to transact surety
business in Cali lornia, ,as Surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors, and assigns to the County of Contra Costa, California to pay it:
A. Performanee and Guarantee: .Four Hunch•eci_Niileteen Thousand,'I'wo I lundred and 00/l00
Dollars{ 419,200.00 _ ) for itself or any city assignee under thc'above County Subdivision
Agrecmcnt, plus '
B. Payment: Two Hunched Flevcn Thousandi,,Seven Hundred and 00/100 DOIIarS($21 1,700.00)
to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Part
44 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 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 indemnity and save harmless the County of Contra Costa (or city
assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become
hull and void; otherwise it shall be and remain in full force and effect.
POWER OF ATTORNEY APPOi.NTIING INDIVIDUAL ATTORNEY-IN-FACT
Know All iNien lay These Presents,That'I'he Continental Insurance Company,a Pennsylvania corporation,is a duly organized and existing
corporation having its principal office in the City ol'Chicago,and State of'Illinois,and that it does by virtue of the signature and seal herein affixed
hereby make,constitute and appoint
Pamela L Stocks, Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually
of'Shernian Oaks,CA,its true and lawful Attorney(s)-in-Fact with full power ind authority hereby conferred to sign,seal and execute for and on its
behalf bonus,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 suCi:insu•uments were signed by a duly authorized officer of the corporation 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 Board of Directors of the corporation.
In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by.its Senior Vice President and its corporate seal
to be hereto affixed on this 22nd day of November,2006.
""'•• The Continental insurance Company
.» nt
O ,.. •
�c• r-
'•eejeeOjeee•
Thomas P. Stillman Senior Vice President
State of Illinois,County ol'Cook,ss:
On.this 22nd day ol'Noveniber,2006,before nie personally came Thomas P. Stillman 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 lie is a Senior Vice President of The Continental Insurance Company,a Pennsylvania
corporation,described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument
is such corporate seal:that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto
pursuant to like auth0rity,.and acknowledges same to be the act and deed of said corporation.
•eoeoe000e000ee000e000e '
°o "OFFICIAL SEAL' °o
o MARIA M.M DIVA
oeoNotary
emoiosesiosn oSotaora of Illinois e
My Commission Eami3/15 : C\,,"o****o. A.R/
My Commission Expires March 15,2009 Maria M. Medina Notary Public
CERTIFICATE
i, Mary A. 1tibikawskis,Assistant Seeretary of The Continental Insurance Company,a Pennsylvania corporation,do hereby certify that the Power of
Attorney herein above set forth is still in fierce,and further certify that the By-Law and Resolution of the Board of Directors of the corporation printed on
the reverse hereof is still in force. hi testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this
24th day of Apri 1 , 2008
The Continental Insurance Company
��.1�WS�'4••'
ane
two O'
K.
`• '°•�• Mary A. R(bikai0kis Assistant Secretary
I`orm F6850-11/2001
CALOF®RNIA ALL-PURPOSE ACKNOWLEDGMENT
T
State of California
County of Los Angeles
On __..April 24, 2008before me, Beverly A. Hall, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Pamela L. Stocks
Names)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(&) is/AM subscribed to the
within instrument and acknowledged to me that
Pik/she/bhWexecuted the same in Wher/fteU authorized
capacity , and that by Ther/#reqs signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(%) acted, executed the instrument.
ERL�K4LL
mmVEsiC® ioI certify under PENALTY OF PERJURY under the laws
Notafy Pte®No•CoIijr0 j of the State of California that the foregoing paragraph is
tols ofta COUNY true and correct.
WITNESS my hand and official seal.
Notary Seal Signature-'
ignature
Signat r o of Notary Public,
1
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On May 1,2008, before me, Janice T. Kruse., Notary Public personally appeared
Robert D. Moore and Ken Cox who proved to me on the basis of satisfactory evidence
to be the persons whose names 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 person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Sigpature of Notary Public
Optional Information
Title or Type of Document: Security Bond - Landscape PA04-00019 Tract 8306
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary o
Shapell Industries, Inc.
Effective 1/1/08
Review Costs for: PA0400019 - 12/30/2004 Thru 05/15/2008
Billing Acct: 28784 ACTIVE
05/19/2008 Owner: SHAPELL IND. OF NORTHERN CALIFORNIA
Deposits: PA0400019
Fund: 1123
Description Dep Amt Date Posted Journal No Receipt# Deposit# Rev Type
081C.IMPRV PLAN REVIEW-LANDSCAPING $5,616.00 01/05/2005 1159015 437203 DEPOSIT
-$14.36 01/05/2005 1159015 437203 DEPOSIT
-$1,167.44 04/18/2005 JV055454 TRANSFER
-$182.66 05/23/2005 JV056099 TRANSFER
-$110.32 09/06/2005 JV050854 TRANSFER
$13,398.00 01/25/2007 1220335 477233 DEPOSIT
-$812.71 05/03/2007 JV075326 TRANSFER
-$744.70 08/13/2007 JV070470 TRANSFER
-$1,225.41 10/01/2007 JV071100 TRANSFER
-$120.04 11/13/2007 JV072097 TRANSFER
$120.04 11/13/2007 JV072097 TRANSFER
-$2,015.14 11/15/2007 JV072097 TRANSFER
-$120.04 11/15/2007 JV072097 TRANSFER
-$11700.97 12/12/2007 JV072553 TRANSFER
-$260.54 12/27/2007 JV072774 TRANSFER
-$823.13 12/27/2007 JV072774 TRANSFER
-$138.66 02/21/2008 JV083760 TRANSFER
-$121.86 03/19/2008 JV084338 TRANSFER
-$448.63 05/07/2008 JV085393 TRANSFER
-$345.13 05/07/2008 JV085393 TRANSFER
-$1,155.89 05/07/2008 JV085393 TRANSFER
Total for SCode 081C: $7,626.41
082B PUBLIC IMPRV INSP-LANDSCAPING $22,600.00 05/08/2008 1242154 502633 DEPOSIT
Total for SCode 082B: $22,600.00
Total Fund 1123: $30,226.41
Fund: 8198
Description Dep Amt Date Posted Journal No Receipt# Deposit# Rev Type
PBND TRUST 8198 PERFORMANCE BONDS $4,200.00 05/08/2008 1242153 502633 DEPOSIT
Total for SCode PBND: $4,200.00
Total Fund 8198 : $4,200.00
Total Non-Restricted Funds: $30,226.41
PA0400019 Net Balance : $28,610.17
Page 5
SUBDIVISION AGREEMENT
(Right of Way Landscaping).
(Government Code§66462 and§66463)
Subdivision: PA 04-00019 (cross-ref SUB 8306) Effective Date: ✓ ��
Su divid Shapell Homes Q. �I�I 516 n � Completion Period: 2 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGRE MENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
M Public Works Director
J ota.4 R. ,6&02W
-By: , �—�- (signature)41e) ,
_
(print name RECOM DED FOR APPROVAL: Ox
By: (signature)
Engineering Servi6v
VIS (print name&Itit
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"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§§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: $ 4.200.00 cash,plus additional security,in the amount of$ 419.200.00
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$211.700.00 ,which is fifty percent(50%)of the estimated oc t
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..
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-year from and after,the Board of Supervisors accepts the work as complete
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On May 1, 2008, before me, Janice T. Kruse,Notary Public personally appeared
Robert D. Moore and Ken Cox who proved to me on the basis of satisfactory evidence
to be the persons whose names 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 person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand" d official seal.
LA-
Signature of Notary Public
Optional In ormation
Title or Type of Document: Subdivision Agreement- Landscape PA04-00019 Tract
8306
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary o
Shavell Industries, Inc.
Effective 1/l/08