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HomeMy WebLinkAboutRESOLUTIONS - 01312003 - 99-418 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 17, 1999 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNIER AND CANCIAMILLA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 99/418 SUBJECT: Approval of Road Improvement Agreement for Interim Dougherty Road, (RA 1085), Dougherty Valley area. The following document was presented for Board approval this date for,property located in the area. A Road Improvement Agreement with Shapell Industries of Northern California,developer, whereby said developer agrees to complete all improvements as required in said Road Improvement Agreement within one year from the date of said agreement. Improvements generally consist of Interim Road reconstruction, drainage improvements, signing, and striping. Said document was accompanied by the following: Security to guarantee the completion of road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $5,590.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: DP# 335753, July 30, 1999 II. Surety Bond Bond Company: American Casualty Company of Reading, PA Bond Number and Date: 929097454, July 29, 1999 Performance Amount: $553,400.00 Labor&Materials Amount: $275,700.00 Principal: Shapell.Industries of Northern California RESOLUTrION NO. : 99,/418 SUBJECT: Approval of Road Improvement Agreement for Interim Dougherty Road, (RA 1085), Dougherty'Valley area. D,kTE: August 17, 1999 P,,iGE -2- NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is APPROVED. All deposit permits are on file with the Public Works Department. G:\GrpData\EngSvc\BOA 9991BO 8-17-99.doc Oriy;nator: Public Works(ES) Cor act: Rich Lierly(313-2348) 1 hereby certify that this is a true and correct copy of cc: Pubic Worn- R.Bruno,construction an action taken and entered on the minutes of the Current Planning,Community Development T-6-17-2000(PI) Board of Supervisors on the date shown. Shapell Industries of Northern Califomia, 100 N.Milpitas Blvd.,Milpitas,CA 95035 Sam Worden Chris Truebridge American Casualty Company of heading,PA, ATTESTED: AUGUST 7, 21650 Oxnard Street,Suite 760,Woodland Hills,CA 91367 1999 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By ROAD IMPROVEMENT AGREEM UjT Developers . Cifective Date: Development: _ _ !1s-�-- Completion Period: I year Road: R.A. 1085 THESE SIGNATURES ATTEST TO THE PARTIES"AGREEMENT HERETO: CO3�1, nLl 6 COSI GC7LIN"T'Y REYEL�PE�R_ Shapell Ipdtistries of Northern J.Michael Walford,Public Works Director Calif» A ivi ion ap l Industries, lnc. 1001 (m ✓' (print rXne A tide) "rte Assitant V resident GME sneering Smices Division (pnntnow is 4ruM61. L Ug,1--(J FO&M PP 0}, : Victor J.Westman,County Counsel Assistant Secretary (NOTE: All signatums to be acknowledged. If Subdivider is incorporated.signatures must conform with the designated representative gmups pursuant to Corporations Code s3 i 3.) I. PARTIES &DATE. Effective on the above date,the County of Contra Costa, California,hereinafter called "Countv,"and the above-mentioned Devclotmr,mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. Developer 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 development 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). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof 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 govem. 1 IMPROVEMENT SECL" jy. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Perfq_rrttance and Guarantee: S 5,590_ 00 cash,plus additional security,in the amount of$ 553.400.00 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. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer 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. LQLPayment. Security in the amount of S 276,'700.00 which is fifty percent(50°!rr)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,tht Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and 594.4.408 of the Ordinance Code. 4. C1 ARA\=AND WARRANTY Off`WORK. Developer 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 in accordance with Article 96-4.6, "Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. CALIFORNIA ALL-PURP(jSE ACKNOWLEDGMENT State of California - County of Santa. Clara On .duly 30, 1999 before me, Linda A. Fluken, Notary Public ypace Name and Tma of Officer ie.g.."Jane doe.Notary Public`i r' personally appeared Arthur P. Lombardi Namets:of Si;,ner!s1 personally known to me–OR– proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument ' and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature o�Nctary Pur is OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the documanr 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 Wages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Individual = Individual Corporate Officer I Corporate Officer Title(s): Title(s): Partner— Limited = General e Partner— Limited = General Attorney-in-Fact 4 Attorney-in-Fact Trustee Trustee = Guardian or Conservator - = Guardian or Conservator e Other: i -ere Other: Top of t _-r = N Signer Is Representing: Signer is Representing: - 1 95 Nanona Nctary Assoc,at,c,•8236 Remmet Ave,P C Boz 71 ed-Canoga°ark.CA 91509-718-' Prod No.5907 Reorder Cau?oll"F,ee 1.800.876"582' Bond No.: 929097464 Development: HA 10$5- Dougherty Rd. Premium: $2,767.00 IMPROVEMENT SECURITY BO\'D FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF LOAD IMPROVEASENT AGREEMENT: The Developer (Principal) has executed an agreement (Road hnprovement Agreement) with the County to install and pay for street, drainage and other improvements on, or along RA 1055 - Dougherty Rd. to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. �BLIGATFN: Shapell Industries of Northern California, A Division of Sha ell Industries, Inc , Principal and Readingnp�asualty C.ompany or, a corporation organized under the laves of the State of PA , and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: Five Hundred Fifty Three Thousand Four Hundred Dollars Dollars ($ 553,400.00 ) for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: Two Hundred Seventy Six Thousand Seven Hundred Dollars ($ 276,700.00 ) to secure the claire to which reference is made in Title 15 §§ et seq. 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 bonded Principal, 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 it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa or city assignee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included reasonable costs, expenses and fees, including reasonable attomey's fees, incurred by the County of Contra Costa or city assignee, in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.8.) above, is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond, will pay, in addition to the fact amount thereof, reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa or city assignee, in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file clams under Title 15 (commencing with Section 3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be My performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without further notice to or consent by the Surety and the Surety hereby waives the provisions of California Civil Code ,Section 2819 and holds itself bound without regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALED: Thr undersigned executed this document on July 29, 1999 Shapell Industries of Northern California, American Casualty Company of Reading, PRINCIPAL: A Division of Shapell Industries, Inc SURETY: PA Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 760 City: Milppas.4 CA 95035Ci oodlan Hills CA 91367 By: B k y: Print Nam-: Arthur P. Lombardi Print Name: Pamela L. Stocks Executive Vice President Title: Title: Attorney-in-Fact :MW Cf:�atetF sus c%Ftcrcm\BN�1{kMM9.doc ice',...._d°��:#99S? CALIFORNIA ALL•PURPUSE ACKNOWLEDGMENT State of California - County of Santa Clara t On July 30, 1999 before me, Linda A. Fluken, Notary Public h Date Name and Ttie of Officer(e.g.."Jane Doe.Nota Puoiic' personally appeared Arthur P. Lombardi Nameisi of vgnerisi personally known to me–OR– proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by -hA A.f LuK�tU his/her/their signature(s) on the instrument the persons), Commission 1159356 or the entity upon behalf of which the person(s) acted. y ,f; tvoiary PuOlir--CaHOMio Sonia Clara County executed the instrument. ` NSy Cornet.E)ires Oct 23,ZW 1 WITNESS my hand and official seal. L9 . Signature o' ata.ry?u. c "-�Ju4k- OPTION L Thougn rhe niormatron below is not required by iaw. it may prove valuable to persons relying on the document and cculd pre e^r 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(ies) Claimed by Signer(s) : Signer's Name: I Signer's Name: Individual = Individual Corporate Officer Corporate Officer Title(s): Title(s): Partner Limited = General Partner—-- Limited = General Attorney-in-Fact Attorney-in-Fact Trustee ` Trustee + Guardian or Conservator _. .� Guardian or Conservator ; � = Other: Tor c` Other: 70c i Signer Is Representing: Signer Is representing: i °95 Na'dna'Nolan Assoc at,r •623€Remme!A.e P C Scx 7184•Canoga Parx CA 91309--1 64 Prod Na 590" Reorder State of CALIFORNIA County of LOS ANGELES On July 29 , 1999 before me, Sandy Danner - 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(a) whose name(* ishimsubscribed to the within instrument and acknowledged to me that Wshe)itM executed the same in bir/herJtt it authorized capacityoee , and that by KS/her/W signature($) on the instrument the person(&), or the entity upon behalf of which the persona} acted, executed the instrument. ..�,.r�r..-..+•.j6 Wf1TN1 my hand and official seal. SAN�7Y WWNEt �,.,...._.�..-- Commission# 1189693 Notary Public-CallfCrtid SIGN URE OF NOTARY Los Angeles CW-Ity My Comm.El"Jul 2 2DM OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ( __} INDIVIDUAL (�} CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER($) (. . } LIMITED GENERAL NUMBER OF PAGES ATTORNEY IN•FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S�OR ENTITY(IES) � { & ,an asua tv Company of a" s Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE t#- 0742e-8 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 REACTING, 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 Individually of Shaman 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 rectified 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 VAtness 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 23rd day of February 1999 CONTINENTAL CASUALTY COMPANY VAS' + ""` NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA JULY It, SEAL ou 1ae7 Marvin J.Cashion Group Vice President State of Illinois, County of Cook, as: On this 23rd day of February i 999 , 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, Stats 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. (MOTAW FUSLIC My Commission Expires March B,2000 Mary Jo Abel Notary Public CERTIFICATE I, 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 oortify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof ars still in force. In testimony whereof I have hereunto subscribed my name and affoxed the assts of the said corporations this 29th dayof July 1999 . CONTINENTAL CASUALTY COMPANY pY Cr + � NATIONAL FIRE INSURANCE COMPANY OF HARTFORD ` AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA AKY r+ U SEAL 1497 ++wnf� Mary A. Ribikowskis Assistant Secretary (Rev.10/1/97) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company, "Article IX--Execution of Documents Section 3. Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President or the Board of Directors, may,at any time, revoke all power and authority previously given to any attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article Vf—Execution of obligations and Appointment of Attorney-in-Fact Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. `RESOLVED. That the President, an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint, by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations sat forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation therein.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomsy-in-Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vie President and the seal of the Corporation may be affixed by facsimile on any power of sttomey granted pursuant to the Resolution adopted by this Board of Directors on February 17,1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by oertificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation."