HomeMy WebLinkAboutMINUTES - 08132002 - C25 AS
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 13, 2002,by the following vote:
AYES: SUPERVISORS GERBER, UILKFMA, GLOVER, DESAULNTER, AND GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 200,)./ 489
SUBJECT: Approval of Drainage Improvement Agreement for Subdivision 7838, being
developed by KB Home South Bay, Inc., Bay Point area. Authorize use of cash
deposit for Subdivision 7838 as cash deposit for this drainage improvement
agreement in the amount of$4,696.00. (District V)
The following document was presented for Board approval for(Subdivision 7838)property
located in the Baypoint area, Supervisorial District V.
A drainage improvement agreement with KB Home South Bay,Inc.,principal,whereby said
principal agrees to complete all improvements,as required in said drainage improvement agreement,
within one year from the date of said agreement. Improvements generally consist of completing
storm drain improvements.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
Authorize the Public Works Director to move a portion of the existing cash bond(auditor's
deposit permit No. 277495 dated May 2, 1996) in the amount of$6,050.00 made by Kaufman &
Broad of Northern California, Inc., as the deposit for $4,696.00 of said drainage improvement
agreement. The original$6,050.00 deposit was made by the developer for the subdivision agreement
to complete all improvements in Subdivision 7838. The improvements for the subdivision have been
completed and the Public Works Director shall transfer$4,969.00 of the$6,050.00 as cash bond for
the drainage improvement agreement.
I hereby certify that this is a true and correct copy of an action
PW:ga/ew taken and entered on the minutes of the Board of Supervisors
G:1GrpData\EngSve�B012002\8-13-021SUB 7838 DO 1S.doc on the date shown.
Originator Public Works(ES)
Contact: Brian Balbas(313-313-2284) ATTESTED: AUGUST 13 2002
cc: Pubic Works- T.Bell,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and
Current Planning,Comnnuaity Development
T-6-13-03 County Administrator
KB Home South Bay,Inc.
2201 Walnut Ave.#150
Fremont,CA 94538
American Home Assurance Co. By Deputy
121 Spear St. -A
San Francisco,CA 94105-1588 7
RESOLUTION NO.2002/ 489
SUBJECT: Approval of Drainage Improvement Agreement for Subdivision 7838, being
developed by KB Home South Bay, Inc., Bay Point area. Authorize use of cash
deposit for Subdivision 7838 as cash deposit for this drainage improvement
agreement in the amount of$4,696.00. (District V)
DATE: August 13, 2002
PAGE: 2
I. Cash Bond
Performance Amount: $4,696.00
Auditor's Deposit Permit No. DP 277495 Date: May 2, 1996
Submitted by: KB Home South Bay, Inc.
II. Surety Bond
Bond Company: American Home Assurance Co.
Bond Number and Date: 285270, May 1, 2002
Performance Amount: $491,931.00
Labor&Materials Amount: $248,450.00
Principal: KB Home South Bay, Inc.
NOW, THEREFORE, IT IS RESOLVED that said Drainage Improvement Agreement is
APPROVED, and the Public Works Director is authorized to transfer funds.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2002/489
DRAINAGE IMPROVEMENT AGREEMENT
Subdivision: - Skyline/Tradpydinds Effective Date: _ Allgugt_1y 2UA-2-
Developer: KB HOME South Bay-Inc. Completion period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA CQ= DEVELOPER
Maurice M.Shiu,Public Works Director - - -
t
By: +1 {sigpsture} .....,/a 411k,Tc Kc-
(Print Name end Tide) r e
RT?CQMMENDEDF(1RAPPRt�VAL
By:
ng:irte g Services Division (Print Narmand Title)
FORM APPRQVED: Victor J.Westman,County Counsel
(NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations CmleS313.)
I. EAMM&_DATE:Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-named
v to r mutually promise and agree as follows concerning this acceptance:
2. IMPKOVEMENTS.Developer agrees to install certain ofd tract drainage improvements 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).
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 Cocke 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 provide as security to the County:
A. For Performance and Guarantee: $ 4 e 9 6 9.0 0 cash,plus additional security,in the amount of S 4 a, 9 3 1 9 n
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 cashier's 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. For Payment: Security in the amount of$_ 2 4 8,4 5 0.0 0 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 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 of the securities may be reduced in accordance with 5944.406 and S94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship
and shall perform satisfactorily for a 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.
S. 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.
6. NO WAIVER BY COLNTY. 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.
7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities front 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 liability,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 indemnity has
prepared,supplied,or reviewed any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification
covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity.
8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
9. 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 changes incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately
upon demand.
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 proceeds to complete 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 attomeys fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds
to complete the work.
10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign
to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights.
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S 7A7E- OF CALIFORNIA Iss.
COUNTY OF�
On. `` _, before mea
personally appeared r.�, �' rim
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 :may hand and official seal.
..< ti
Signature-- -i�
CONNIE F0NTANA
COMM.#1243783
r; NOTARYAMBgA- RN#A
.Ay(Omm Exp Nov.27 20M
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i
Title of Document A. ,7
Date of Document No. of Pages
Other signatures not acknowledged
3008(1194)(General)
First American Title Insurance Company
Skyline/Tradewinds Developmeut NO:
Bond: 28 52 70 Pr�m�,
IMPROVEMENT SECURITY BOND
FOP, DRA IMAGE I..PROVEME T AGRF—EI SENT
(faithful performance & ;naintc-nance, A M labor and -materials)
1. C3BLIC4TIq KB ME South Bay Inc. lPr.:ncina1), as
Principal, aand American Home Assurance CoTpany.
a corporation organized and existing under the laws of the State of New York
and crsan;zed and existina under the laws of the State of California, as Surety, her�hy;oi,tly and sev,rally
bind ourselves, our hei7s, executors, administrators, successors and assigns to the County o1 CCllnt:a CCSIa,
California to Pay it;
A. Faithful:Performance, & Maiutezancc: Four Hundred Ninety One and Nine Eun real
(5491 ,931 -00 )1cr itself or an r city-assiginee under the below-cited Drainage
Improvement Agreement, plus * Thirty One and no/000
B. Labor & Materials: Two Hundred Forty Ei ht Thousand :mdrpd Fiftg and nn/000
(S 248 60.QO for the benefit of persons protected un�cr Title 155 § et sea.
of the California.Civil Code.
2. RECITAL OF CON—TRACT: The principal contracted with the Colzity to install and pay for drainage and
other innprovements in SkylinelTradewinds Tract 783 _ - , as specified in the Drainage
Improvements Agreement, and to complete said work within the time specified in the Drainage
Itnnprovernent A.greerne it for completion, all in accordance with State and local, laws and rilinas thereunder
In Order to satisfy the conditions of approval for Trace 7838
3. CONI)MON: If the principal faitlfully performs all things required according to the terms and conditions
of said.contract and improvement plan and improvcmennts agreed on by the principal and the County, theil
this obligation as to Section 1-(A.) above shah beconne null and void, except that the rua-a:nree of
maintenance continues for the one-year period; and if principal fully flays the contractors, subcontractors,
and persons renting equipment or famishing labor or materials to them for said work and improvement, and
protects the premises from claims of'such liens,then this obligation as to Section 1-(B) above shall become
nu?, amd void; othcn-vise this obligation remains in fall force and effect.
No alteration of said contract or any plans or specifications of said work agreed to by the Principal au the
cci;i l; sftall relieve any surety from liability On this bond; and consent is hereby given to Mt ahe such
ait`rations without further notice to or consent by Surety; and the Surety hereby waives the prevision of
Code 7 2819, and holds itself bound without regard to and independently of any action
a.s sf Principal whenever taken, and agrees brat if COu.nty sues on t his bor d, Surety will pay reasonable
Ott ,,yty fees fixed by court to be taxed as costs and included in the judgement,
3. CO:NDIxJON:
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 peep and perform the covenants, conditions and provisions in the-
said
hesaid agreement and any alteration thereof made as therein provided, on is or its part, to be kept and
perfonned 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 segued hereby and in addition to the face amount specified therefore, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County (or city assignee) in successfully enforcing such obligation, all to be Mixed as
costs and included in any judgement rendered.
B. The condition of this oblibation 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
contractors, subcontractors, laborers,material then and other personas employed in the perfornt.ance
of the aforesaid agreement.and referred to in the aforesaid Civil Code for materials fumished or labor
thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including rea.sorlable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation,to be awarded and
fixed by the court, and 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 claims under Title 15 (commencing with Section
3482)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their: assigns
in any suit brought upon this bond.
Should the condition of this bond be fully per£omxed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by
the Principal and the County shall relieve any Surety from liability on this bond; and consent is
hereby given to make such alteration without further notice to or consent by Surety; and the Surety
hereby waives the provisions of Califon-da Civil Code Section 2819, and holds itself bound without
regard to and independently of any action against Principal whenever taken.
SIgNED AND SEALED on May 1, 2002
PRXNCIP,A.I. . Nor'' outr, I ac. S�Ltli�'�`y Amer- -.I3 e Assurance Cur�pzin
--
f
$
y B� y
Hin— Pena., Attorney-a.n--Face.
Address 2201 Walnut Ave. #ISO. Fremont, CA Address 123 STe^,. qt*---, s,n Fr r 9'U
94538 94105-1-588
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G.1G tlasa�Ex::�+rc�Parn�1IIK WLlRD�DN-IO.daa
• 5
STATE OF CALIFORNIA }ss.
COUNTY OFAL&MEDA }
On .r before me, CONNIE FONTANA.
personally appeared CHRIS SEDER
personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person( whose name(ft) is/&y'--
subscribed
s/ayesubscribed to the within instrument and acknowledged to me that he/&4e4key`executed the same
in his/hw4hieimuthorized capacity(i&!�, and that by his/hefA#eir signature(s�on the instrumentthe
person(o or the entity upon behalf of which the person(s}acted, executed the instrument.
WITNESS my hand and official seal.
Sign atu
tiitRtti3ti#WltfittSt94tt{�Ik,�?tt➢Ik4StRiifUflNftl{t111R0NItIiNtlftflftfftUlNttmlf
OONNIE FONTANA
. COMM.#1243783
NOTARY PUSUC-CAUFORMA
kAMEDA COUNTY
�tv uurrm Exp.Nov.27 2003
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(This area for official notarial seal)
Title of Document j
Date of Document No. of Pages I
Other signatures not acknowledged
3008 (1/94) (General)
First American Title Insurance Company
lk
State of California
County of Los Angeles
On May 1. 2002 before me, Joyce M. Herrin, Notary Public, personally appeared
Maria Peru, personally known to me to be the person whose name is subscribed
to the within instrument, and acknowledged to me that she executed the same in
her authorized capacity, and that by her signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
st GOMR if1323895
NOTARY rs'JoHerrin
cap MRxra
My Gomm.Expires act,4M
American Home Assurance Company POWER OF ATTOR'N'EY
National Union Fire Insurance Company of Pittsburgh,Pa.
Principal Bond Office:70 Pine Street,New York,N.Y. 10270 No.05-B-01233
KNOW ALL MEN BY THESE PRESENTS:
That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a
Pennsylvania corporation,does each hereby appoint
---Tracy Aston,Peter Arkley,C.K.Nakamura,E.S.Albrecht,Jr.,Lisa L.Thornton,
William A.Sadler,Dennis T.Menard 111,Maria Pena,Betty Walker,Tom Bran gan,
Marina Tapia,Clarice Lee,Richard E.Bigley,Joyce Herrin: of Los Angeles,California---
its true and lawful Attorneys)-in-Fact, with full authority to execute on its behalf bonds, undertakings,recognizances and other contracts of
indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bird the respective company thereby.
IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each
executed these presents
this 9th day of November,2001
y m
,' seuaaN.r. a lonee Vice President
STATE OF NEW YORK }
COUNTY OF NEW YORK Iss.
On this 9th day of November, 2001 before me came the t
above named officer of American Home Assurance Company and
National Union Fire Insurance Company of Pittsburgh, Pa., to me
F ER
Personally known to be the individuai and officer described herein, PA
I LW
and acknowledged that he executed the foregoing instrument anp1 York
affixed the seals of said corporations thereto by authority of his � �
office.
CERTIFICATE
Excerpts of Resolutions adopted by the Hoards of Directors of American Home Assurance Company and National Union Fire Insurance Company of
Pittsburgh,Pa.on May 18, 1976:
"RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and
act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature
thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business;
"RESOLVED, that the signatures and attestations 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 with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the
nature thereof;
"RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such
certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact."
1,Elizabeth M.'fuck,Secretary of American Home Assurance Company and of National Union Fire'insurance Company of Pittsburgh,Pa.do hereby certify
that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto,are
true and correct,and that both the Resolutions and the Powers of Attorney are in fil force and effect.
IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the facsimile seal of each corporation
this 1 St day of May 2002
&,WOOL *x 'Oorwa...0
Elizabeth M.'Fuck,Secretary
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