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HomeMy WebLinkAboutMINUTES - 09261995 - C6 Recording Requested By: R DE T RE T OF Contra Costa County 35 170348 " Return To: /DO'CLOCKA � 1�qAT M Public Works CONTRA COSTA COUNTY RECORDS Records Dept. STEPHEN L. WEIR 255 Glacier Dr. COUNTY RECORDER Martinez, CA 94553 FEE: OZ9 Document Title(s) Completion of Improvements DP 3010-93 in the Bay Point Area. Assessor's Parcel No. 097-041-009. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 26, 1995 by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop NOES: None ABSENT: None ABSTAIN: None SUBJECT: Completion of Improvements DP 3010-93 in the Bay Point Area. Assessor's Parcel No. 097-041-009 The Public Works Director having notified this Board that the improvements for DP 3010-93 have been completed. NOW THEREFORE BE IT RESOLVED that the aforementioned improvements have been completed as of September 19, 1995, thereby establishing the six month terminal period of the filing of liens in case of action. BE IT FURTHER RESOLVED that the beginning of the one year warranty period is hereby established and the $2220 cash deposit (Auditor's Deposit Permit No. 265120, dated August 7, 1995) made by 112 Alves Lane Partners be RETAINED for one year pursuant to the requirements of Section 94-4.406 of the Ordinance Code. 1 hereby certify that this 19 a"end correct Copy of an action taken and entered on the mint" a the Board of SuperviSM Oa t11a date S Contact: Rich Lierl ArrESTEo: y - 313-2348 iPHIL 80►T P>,cGAc a the Originator: Public Works (ES) of SupervWm WA Cog* <;.. C: Construction- Maintenance -T 9/26/96 ` '''"" Deputy Recorder (via Clerk) PW Records By - 112 Alves Lane Partners 2131 University Ave., Suite 224 Berkeley, CA 94704 Star Insurance Company 100 Century Ct., Suite 140 San Jose, CA 95112 RCL:cl B0:26.t9 RESOLUTION NO. 95/436 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 26, 1995 by the following vote: AYES: Supervisors 'Rogers, Smith, DeSaulnier, Torlakson, Bishop NOES: None ABSENT: None ABSTAIN: None SUBJECT: Approval of Road Improvement Agreement DP 3010-93 in the Bay Point Area. Assessor's Parcel No. 097-041-009 The following documents were presented for Board approval this date: A Road Improvement Agreement with 112 Alves Lane Partners, subdivider, whereby said subdivider guarantees payment for labor and materials for a six month period and guarantees the public improvements for a one year warranty period. Said document was accompanied by: Security, in the form of a corporate surety bond dated August 24, 1995, issued by Star Insurance Company (Bond No. SA 1410471) with 112 Alves Lane Partners as principal, in the amount of$7400 for labor and materials, and $1220 for the one year warranty period (faithful performance total $3440, $1220 surety and $2220 cash). NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is APPROVED. I hereby certify that this is a true and correct COPY of an action taken and entered On the minutes of the Contact: Rich Lierly-313-2348 Board of Supervisors on tits date shown. Originator: Public Works(ES) ATTESTED: C46 i C: Construction- Maintenance-T 9/26/96 PHIL BAT HELOR.Clerk of the oard Of Superrisoro and Cc"Administrator 112 Alves Lane Partners 2131 University Ave.,Suite 224 �Q Berkeley, CA 94704 ( � De PAY Star Insurance Company 100 Century Ct., Suite 140 San Jose, CA 95112 RCL:cl BO:26.t9 RESOLUTION NO. 95/466 ROAD IMPROVEMENT AGREEMENT Road: A L,CtIIPit "A9%s G--Q / Developer: 117—AlIws Lam 1%4nem Effective Date: �. Jle!✓[t\ �tgr Development: 0 P 2Q 1Q_!9 Completion Period: o THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER: (Name and Title) J.Michael Walford Public Works Director 1 / A/v--S 4,44C By: E ✓o s G ENC +C 1 TrC✓L ECO PROVAL: � ��► GSC C By: Engiff6eritSe on FORM APPROVE . Victor J.Westman, County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is in- corporated, signatures must conform with the designated repre- sentative groups pursuant to Corporations Code S313) 1. PARTIES & DATE. Effective on the above date, the County of Contra Costa; California, hereinafter called"County," and the above-mentioned Developer,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 fights,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 Ordnance 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 Developer shall,pursuant to the County Ordinance Code,provide as security to the County. A For P / e4r -Guarantee: $ 2�� dash,plus additional security,in the amount of$ Z2CP which together total �fthe estiat cost ost of the work. Such additional security is presented in the form of: o certified check or cashiers check. Acceptable corporate surety bond. t 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. For Payment Security in the amount of$ 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 Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,the 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. C. 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 S944.406 and S944.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTOF WORK Developer guarantees that said w0shall be free from defects in material or workmanship and shag perforin satisfactorilyfora period of one(1)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. The guarantee period does not apply to road improvements for private roads which are notto be accepted into the County road system. . ' . . , . . . 5. PLANT ESTABLISHMENT WORK Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and'other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant estabfshmentwork shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period, said improvement plans prove to be inadequate in any respect, Developer shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death, property damage,inverse condemnation,or any combination of these, and regardless of whether or not such lability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s), action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied, or approved any plan(s)or specification(s)in connection with this work, or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shag pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PERFORMANCE AND COSTS: If Developer fails to complete the work within the time specified in this Agreement, and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise, and Developer agrees to pay all costs and charges incurred by the County(including, but not limited to: engineering,inspection,surveys, contract,overhead,etc)immediately upon demand. _ Developer hereby consents to entry on the development property by the County and its forces,including contractors;in.the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, Developer agrees to pay all attorneys fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. INCORPORATIONIANNEXATION. If,before the Board of Supervisors accepts the work as complete,the development is included in territory incorporated as a city or is annexed to an existing city,the Countys rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shag be transferred to the new or anneadng city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) County shag allow Developerto obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval) g:1EngSvcWGWG:24a(10/94) C State of CA.-&�o\C�c a. County of. p On 01'`Z� ` �`�� before me 1�S0\0\ IaW&y QC1'\' V),A �,kpNdnA (1101 iC DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Y'V\f Ck&_.et �,7 . D� NAME(S)SIGNER(S) in the capacity as INDIVIDUAL,GENERAL PARTNER,CORPORATE OFFICER-E.G.,VICE PRESIDENT ❑ personally known to me -OR- Wroved to me on the basis of satisfactory evidence to be the person(o whose name is/arg subscribed to the within instrument and acknowledged to me that he(she/(bey executed the same in his/tyer/tl* authorized capacity(aesj, and that by his&#ef/ttyoif signature.(oon the instrument the person(,or the entity upon behalf of which the personWacted,executed the instrument. ❑ He/StteM y also acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand a Icial seal, Ed0 PRASHANTKUMAR A. U RAVANI Comm.#1033312 e r ,•, NOTARY PUBLIC CALIFORNIM C ALAMEDACOUNTY t! �q IFOR Comm.Expires Ju 1998 -+ Signature of Notary SIGNATURE REQUIREMENTS Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed in the space provided. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers, one from each of the following two groups: GROUP 1. (a)The Chair of the Board GROUP 2. (a)The Secretary (b)The President (b)An Assistant Secretary (c)Any Vice-President (c)The Chief Financial Officer (d)The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney, notarized,will suffice. Notarization of only one corporate signature or signatures from only one group, must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." g:\engsvc\work\notary2.new 07-27-1995 10:06AM FROM Rscs for Comm Devel TO 7925980 P.02 Bond SA1410471 IMPROVEMENT SECURITY BOND PREMIUM $250.00 FOR ROAD tMPRovEMENT AGREEMENT on (faithfut performanee b maintenance. AND tabor and materials) DEVEWPMENT 1. PBLIGAIION. Principal) 112 ALVES LANE PARTNERS/RE,QMZM,S FOR COUJ NTTY/ , as Principal. end (,Surety) STAR INSURANCE COMPANY , a corporation organized end existing under the laws of the State of MICHIGAN and authorized to transact surety business in Calffornis, as Surety, hereby jointly and severalty bind ourselves, our heirs, executors, odmfnistrators, successor# and assigns to the County of Centre Costs, California to pay it: A. Faithful Performance, and Maintenance TWELVE HUNDRED 'TWENTY AND N01100************ betters (s 1, Z L O ) for itself or any city-assignee under the below-cited Road improvement Agreement, plus 8. tabor and Materials SEVEN THOUSAND FOUR HUNDRED AND N0/100************ Dollars (sf ter the benefit of persons protected under Title 15 §1 at seq.) of the California Civil Code. 2. RECITAL OF CONTRACT. The principal contracted ulth the County to install and pay for street, drainage, end other Improvements in , as specified In the Rood improvement Agreement, and to complete sold work within the time specified in the Road improvement Agreement for completion, all In accordance with State and tocol taws and tunings thereunder in order to satisfy the conditions of approval for S. CONDITION. If the principal faithfully performs sit things required of him according to the terms and conditions of said contract and improvement plan and Improvements agreed on by him end the County, then this obligation as to Section I.A. above shalt become null and void, except that the guarantee of mefntenence contfnues for the one-year period: and If he fully pays the contractors, subcontractors, end persons renting equipment or furnfshing tabor or materials to them for said work and Improvement. and protects the prevttses from claims of such tfens, then this obtfootion as to Section I.e. above shett become null end void; otherwise this obligation remains in full farce and effect. Me alteration of said contract or any plans or specifications of sold work agreed to by the Principal and the County shat( relieve any Surety from liability an this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby wolves the provisions of California Civil Code 12619, and holds ftsetf bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond, Surety wilt pay reasonable attorney fees fixed by court to be taxed as costs end included In 'the judgment. SiGNEO ARD SEALED on AUGUST 24TH, 1995 112 ALVES LANE PARTNERS/ PRINCIPAL RESOURCES FOR COMMUNITY DEVELOPMENT SURETY S"' 1 COMPANY Ey g G.F, , %T% PNEY—IN—FACT'address ddros 100 C N COURT SUITE 140 SArd JOS' , 951.12 •f}•}f•f}}••}•}RR••}•}}f RwRRR}�}}}}}}}}•ffR}•f}}fRA}•ffffff•f}ff}►}•Jif}}}}�•fffff♦fff�f�R•}}•tf�•Rt•Af�ffflff}! f� 7 Z d / y C, `7'0© s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SANTA CLARA On 8/24/95 before me, LINDA K. LA MARR, NOTARY PUBLIC DATE NAME,TITLE OR OFFICER•E.G.-JANE DOE,NOTARY PUBLIC- personally appeared G.F. GERBING, JR. NAME(S)OF SIGNER(S) M personally known to me - OR -❑ proved to me on the basis of satisfactory evidence to be the person(§) whose name(sO is/om subscribed to the within instrument and acknowledged to me that he/9tXXUVV executed the same in his/M)& authorized capacityOWK), and that by hisAmAbBix signature(a) on the instrument the person0s), or the entity upon behalf of which the person(g) acted, executed the instrument. WITNESS my hand and official seal. I.INOA K.U MARR M'- -ENOTACRY omm,a 971389Santa C a C" K. ��mm.Exp res Aug.13.19%+ ; &��D a) SIGNATURE OF NOTARY 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 OR TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL (N ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITYIIES) STAR INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE AIA000032 Rev.Sroa STAR INSURANCE COMPANY GENERAL POWER OF ATTORNEY NO.: SA 1410471 (Void unless numbered in red.) KNOW ALL MEN BY THESE PRESENTS,that Star Insurance Company has made, constituted and appointed, and by these presents does make,constitute and appoint G. F. GERBING JR. OF SAN JOSE, CALIFORNIA its true and lawful attorney-in-fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts or suretyshito be iven to AppVcabfe to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authroity shall exceed in amountthesum of two million five hundred thousand ($2,500,000.00) dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 7th day of January, 1993. "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President or a Senior Vice President or a Vice President of the Company be,and that each or any of them is,authorized to execute Powers of Attorney qualifying the attorney-in-fact named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." IN WITNESS WHEREOF,STAR INSURANCE COMPANY has caused its official seal to be hereunto affixed,and these presents to be signed by one of its Senior Vice Presidents and attested by one of its Assistant Vice Presidents this 13th day of March, 1995. Attest: STAR INSURANCE COMPANY By mestine Dougherty,Assistant Vice President y�F Ce 00, Marc S.Willner,Senior Vice President ip } a ceP. reo STATE OF MICHIGAN r } ss.: N SEAL COUNTY OF OAKLAND } /C„IGO'� On this 13th day of March, 1995,before me personally came Marc S.Willner,to me known,who being by me duly sworn,did depose and say that he is a Senior Vice President of STAR INSURANCE COMPANY, the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. v of A. (� �O NOTARJ��� NOTARY PUBLIC •� ”' My Commission Expires: f��UBu� u= COLLEEN KELM 9 hO COin' ��Owft d Cou*,ASI CERTIFICATE Nowy W Commission Expires Apr.3o,1999 1, the undersigned, of STAR INSURANCE COMPANY, a Michigan corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and sealed at the city of Southfield in the State of Michigan. Dated the24TH day of AUGUST , 1995. Mary Jo Renaud,Assistant Secretary 6030-Mar.95 Page 1 of 1