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HomeMy WebLinkAboutMINUTES - 09192006 - C.16 (2) CONT RR COSTA Ca Recorder Office Recorded at the request of: STEPHEN L, WEIRI Clerk-Recorder Contra Costa County DOC 20067 0298734-00 Board of Supervisors Wednesday,, SEP 20, 2006 14:31:56 Return to: FIRE $0.00 iie Works Department Tt l Pd Eng Engineering Services Division Ire/R9/1-12 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 19, 2006 by the following vote: AYES: " SUPERVISORS UILKEMA, DeSAULNIER, GLOVER, GIOIA NONE: NONE ABSENT: SUPERVISOR PIEPHO ABSTAIN:NONE — - --- - RESOLUTION NO. 2006/ \56 4; SUBJECT: Accepting completion of improvements and approving the First Extension of the Subdivision Agreement for Subdivision 03-08738, for project being developed by Davni Development, L.L.C., Martinez (Pacheco) area. (District II) These improvements are approximately located on Blum Road,North of Interstate 680. The Public Works Director has notified this Board that the improvements in Subdivision 03- 08738 have been completed as provided in the Subdivision Agreement with Davni Development, L.L.C, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. LB:vz G:\EngSvc\BO\2006\09-19\SD 03-08738 B045.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: S.Gospodchikov(313-2316) action taken and entered on the minutes of the Board of Recording to be completed by Clerk of the Board I.D.58-2678988 Supervisors on the date shown. cc: Public Works A.Bell,Construction Div. P.Tehaney;M&T Lab H.Finch,Maintenance Div. ATTESTED: I.Bergeron,Mapping Div. JOHN CULLEN, Clerk of the Board of Supervisors and L.Breen,Engineering Svc. T.—September 19,2007 County Administrator Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog Davni Development,L.L.0 18 Hillside Court By Deputy Berkeley,CA 94704 Attn:David Margen American Contractors Indemnity Company 625 The City Drive,Suite 305 Orange,CA 92868 Attn:Julia B.Leonard RESOLUTION NO.2006/ 3<O SUBJECT: Accepting completion of improvements and approving the First Extension of the Subdivision Agreement for Subdivision 03-08738, for project being developed by Davni Development, L.L.C., Martinez (Pacheco) area. (District II) DATE: September 19, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of September 19,2006 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY April 20, 2004 American Contractors Indemnity Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for$176,069.50, Bond No. 174010 issued by the above surety be RETAINED for the six month lien guarantee period until March 19,2006, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the private improvements (Explorer Way) have been COMPLETED and are NOT ACCEPTED NOR DECLARED as County Roads, at this time. BE IT FURTHER RESOLVED that the beginning of the warranty period is-hereby established, and the $3,521.31 cash deposit (Auditor's Deposit Permit No. 422631, dated April 8, 2004)made by Davni Development,L.L.C. and4he performance/maintenance surety for$19,800.00, Bond Rider No. 174010,dated August 3,2006,issued by American Contractors Indemnity Company be RETAINED pursuant to the requirements of Section 94-4.406 of_the Ordinance Code until release by this Board. The Public Works Director having recommended that he be authorized to execute the first agreement extension which extends the Subdivision Agreement between Davni Development,L.L.C. and the County for construction of certain improvements in Subdivision 03-08738, Martinez (Pacheco) area, through April 20, 2007. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 2006/,5"G� CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: SD 03-08738 Developer: Davni Development,LLC Original Agreement Date: April 20, 2004 First Extension New Termination Date: April 20, 2007 Improvement Security Surety: American Contractor's Indemnity Bond No. (Date): 174010 (4/1/04) Security Tyne Security Amount Cash: $3,521.31.(1% cash, $1,000 Min.) Bond: $ '3�"(Performance) $ 176, 6 .50 (©Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety he a the eto and acknowledge same. Dated: B Z� O� Dated: / d FOR CONTRA COSTA COUNTY Develop er's�Signa refs) Maurice M. Shiu,Public Wo ks t By: I v - Printed �— o I? eloper's Si ature(s) . RECOMMENDED FOR APPROVAL: By: � Printed (Engineering Se ices Division) G/ Address American Contractors Indemnity Company (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 625 The City Drive, Suite 305 Orange, CA 92868 FORM APPROVED:Victor J.Warman.County Counsel Ad VdIf/e AfterAnnroval Return to Clerk of the Board B64 VI—K/ 'C\ tto ,ey in Facts Signature Julia B. Leonard Printed CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT. STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On before me, LISA A. DALZIEL, Notary Public, personally appeared D , ❑ Personally known to me Proved to me on the basis of satisfactory evidence To be the person whose name( is/ subscribed to the within instrument and acknowledged to me that he/s*t*:executed the same in hisjh�rjb�eir authorized capacity(i , and that by his/*/t�leir signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ---------------------------- W ESS my hand and 'official seal. i i LISA A.DALZIEL i i Commission# 1377110 Z Z -m• Notary Public -Californio i Contra Costa County r i My Comm.E)pires Sep 28,2006 i Sign ure of Notary Public _ i i ---------------------------------------- American Contractors Indemnity Company 9841 AIRPORT BLVD.,9TH FLOOR, LOS ANGELES,CA 90045 (310)649-0990 Date: 8/3/06 SURETY RIDER OBLIGEE: Contra Costa County Public Works/Engineering Division 255 Glacier Drive M Inez,CA 94553 To be attached to and form a part of Subdivision No 174010 , Lic.No. Type of Bond In favor of Contra Costa County. Obligee On behalf of Davni Development Principal For valuable consideration,receipt of which is acknowledged, surety hereby gives its consent to change: Reduction to contract amount. FROM: $352,139.00 Original Contract amount TO: $19,800.00 New Contract Amount To be effective August 3,2006 Principal wni Development,LLC AMERICAN CONTRACTORS INDEMNITY COMPANY 18 Hillside Court Berkeley,CA 94704 Paui S.Uito Attorney-in=Fact Producer Inland Surety Bond&Insurance Service 4371'Latham St.#201 Riverside,CA 92501 HCCSZZ43I B06/04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange ;I On AUGUST 3; 2006 before me, Edith Garibay, Notary Public ;, Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appearedPaul S. Dito --------------------------------- ;I Name(s)of Signer(s) �I (X personally known to me. (' ❑ proved to me on the basis of satisfactory ; evidence to be the person(R) whose name65) is/am subscribed to the within instrument and �I acknowledged to me that hejgt�yftg executed the same in his/ IXgj V, authorized EDITH GAR(BAY capacity( , and that by his/tai k o COMM.# 1468639 signatureW on the instrument the person(m), or NOTARY PUBLIC CALIFORNIA o the entity upon behalf of which the person( ; ORANGE COUNTY tv C acted, execut strument. Mycomm.expires Feb 7 2008, WITNE my h nd offi seal. �I Place Notary Seal Above Signatur of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document i Title or Type of Document: Bond No. 174010 ;I . .j Document Date: Number of Pages: f Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual o Top of thumb here ,I ❑ Corporate Officer—Title(s): ;i ❑ Partner—❑ Limited ❑ General X1 Attorney in Fact ❑ .Trustee ❑ Guardian or Conservator ,I ❑ Other: Signer Is Representing: American Contractors Indemnity Company_ 0 1999 Nalional NolaryAssociation•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nalionalnotarvorg Prod.No.5907 Reorder:Call Toll-Free 1-800.876-6827 P 1 0 American Offi 'actas Indemnity Company - _ —- 9841 Airport Blvd.,9"Floor Los Angeles,California 90045 P®WER ®R1oTEW _ — „WA, L>';I, ErJ BY THESE PRESENTS: "! That American Contractors Indemnity Company of the State=of Califom►a,a�CahfornraIcorporatron,==does hereby appomt�!� !i ��I',f " ' ,!i'll' =- - - -- - Y�,.. =T� Erik Johansson Paul-S. Dito,Kim Hered a Edtth Gar�ba P' aula"LaSalle or Denise Renderos -- - _ of Orange,California its true and=lawful Attomey(s)-m-Fact,.with full authority to execute on its behalf bonds, undertakings, recognizan!ces and other contracts- of indemnity and writings obligatory in the nature thereof,.,issued,in the course of_itsibusiness and to,bind�„the l ompa'nyltliereby, in an Amount not to exceed $ ***********3,000,000.00******;**** This Power of Attorney=shall expire without'further•acUori'on March~ I8 2007 - - = I !. ... .•.. =_ - Th s 'ower of Attorney is granted and is signed and sealed by facsimile under and=by the authority_ofthe-fo�llowrrig Resolution adopted by th z s - the Board of Directors of AMERICAN CONTRACTORS'INDEMNITY COMPA Yat=a meeting duly called and held on-thR day of � I.rDeceinber, 1990- Mt - �iGiil l RESOLVED that the Chtef Executive Officer,President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have theme power and authority 1 To appoint Attoerrney(s) iii Fact and to authortze them to execute on b'e'lzalflof lhe'Go pang; and attach bonds and undthe seal=af the Company thereto, -- takings mnity and contracts,of indeother writing6s obligatoin the nature thereof and, IF— �remove,at any time,any such Attorney-in-Fact and revoke the authoritygiven. RESOLVED FURTHER that the signatures of-such ofcers and the seal ofeompany may be affixed to any such Power of Atlor'ney or cert f tate _-relating therelt'ol,lw f�ac�rnrle dr?p'any such Powerf Attorney or-'certificate=bearing=suchfacsimile signatures br facsimile seal shall be valid and binding uponYhe Canij�dnyranli'aryy strd{i'powzr so executed and certified by facsimile signatures and facsimile seal sha116e valtd and binding upon the Cgmpagy �' m=aha future wit�t retpect to any bond or undertaking to which rt rs attached” , '� . � � I,L; �ii� �(lil I'4';� Ili' IN WITNESS WHEREOF, American Centractors Indemnify Company has caused its seal to,beu:affixed hereto and executed by its Chief Isxecutiue Officer-on the 15�'_day ofDecernber,2003 _ — = -- �QpCTOrQS AMERICAN C NTRACTORS INDEMNITY COMPANY 5 INCORPORATED Tb -. ., .. ,. ... o III „ 1 1 Robert F: omas,Chief Executive Officer 1 ! TAIT}2¢F CALIFORNIA bN4TYi I OF LOS ANGELES § On this 15 _day of-December 2003Aefore me Deborah Reese, a notary public;personally-appeared Robert F. Thomas I-Chief"Executive _Officer of Americaril-Contractors Jndemnrtv=Company, to me personally known to be the individual and officer described herein, and . acknowledged that l►e executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office._ WITNESS my hand and official seal. r _ - - IND01 iIIREESE - -- " ah'11406149 N fC coulomia Sjgnature of Notary `" LoaAn9etes_Counry_= i My Comm EXP"Mor 1 B 2007 My Commission expires March 18 2007 - - - f=' „ I,Jeannie J Kim,Corporate Secretary Ibf Arnencan'Contracto"demnrty Company, do hereby certify that the Power of Attorney and the . 1resolut16n adopted by the Board ofbirectors of said Company as set forth above, are true and correct transcripts thereof and—that—.neither._ the said Power of Attorney nor the resolution have been revoked and they are now in full force and-effect -_ - - __ IN WITNESS HEREOF, l hive hereunto set=my hand this 3rd !; day of ­UST, - 1 Y , Bond No. _l 742__—_— _ _ - =Jeann J.Kim,Co rate,Secretary _.. ... Agency No #9007 , I : a..pe 1, Rev.POA12/15/03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On jU14 .2 before me, Danna K. Baker, Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Julia B. Leonard ,.Attorney in Fact Name(s)of Signer(s) ® 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 DANNAK. BAKER signature(s) on . the instrument the person(s), or the entity upon COMM.#1386368 behalf, of which the person(s) acted, executed the instrument. N NOTARY PUBLIC.CALIFORNIA RIVERSIDE COUNTY WITNESS my hand and official seal. M Comm.Ex ires Nov.22,2006 ! Signature of Notary ublic ----------------------------------------OPTIONAL----------------------------------------- Though the information below is not required by law,it may prove valuable to persons relying on the document 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 Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s). Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator . E] Guardian or Conservator ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09/00 BOND NO. 174010 American Contractors Indemnity Company 9841 Airport Blvd.,9"Floor Los Angeles,California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation, does hereby appoint, Mark N.Gladding,Kenneth A.Coate or Julia B.Leonard of Riverside,California its true and lawful Attomey(s)-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 bind the Company thereby, in an Amount not to exceed $ 1,000,000.00***Dollars This Power of Attorney shall expire without further action on March 18,2007. 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 AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6'h day of December, 1990. "RESOLVED that the Chief Executive Off cer,President or any Vice President,Executive Vice President,Secretary or Assistant Secretary;shall have the power and authority 1. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove,at any time,any such Attorney-in-Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or 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 and arty such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15th`day of December,2003. CTO 'yo AMERICAN C NTRACTORS INDEMNITY COMPANY S INEDRUDIAiED SEPT.26,1"0 By: all it', -7 O Robert F.Thomas,Chief Executive Officer STATE OF CALIFORNIA §. COUNTY OF LOS ANGELES § On this 15th day of December 2003,before me, Deborah Reese; a notary public,personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal. — DEBORAH REESE _ Commkdon#1406149. Notary Public-California Signature of Notary Loa Angeles County My Commission expires March 18,2007 Jew Comm.Expires Mar 1 S,2007 I,Jeannie J. Kim,Corporate Secretary of American Contractors Indemnity Company,do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this 21st day of June 2006 Bond No. 174010 Jeann J. Kim,Co orate Secretary Agency No' #2055 . . lk,v.POA 12/15/03 COUNTY OF CONTRA COSTA DEP�OS7 PERMIT OFFICE OF COI�WTY;7lCfUITOR-CONTROLLER l( TO THE TREASURER: MARTINEZ;CALIFORNIA ( U RECEIVED FROM ORGANIZATION NUMBER0b (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. UB. VIT TASK OPTION •ACTIY AMOUNT DD36d 0103 $ i GooSS �3 � I r &7505 9 X95 �F8�7 o d 52 p 93I &,00 75 6� cCOS 7 IWK 00651 6 Lao&g 1 l I - - 1 OD0�5I 2- a -17 92 -35--0 C 5'Od'6 I s r &Q&51. M.501-1600119, 0 3 5a0 66 S- 15 I 61003 sem ' r 1z,LXX F , 1.s e 4007 k 72 6 W EXPLANATION; TOTAL $ i I V DEPOSIT 32'7 5 1' Deposit consists of the following items I v�� S� 37 COIN and CURRENCY $ 9 s _ /` 7 ZCHECKS,M.O,ETC. $3961 D 3S S T BANK DEPOSITS $ G FOR AUDITOR-CONTROLLER USE ONLY S -7 SCo / �IZZ SO DEPOSIT PERMIT DP a(0 ' NUMBER DATE ASS GNED422 The amount of,money described above is for Treasurer's receipt of a e amount is approved. Receipt of above amount is here posit'into I-Counfy Treasury. � �� acknowledged. Sig Date" II�� F/ Signed: Signed: . Tit l ( EXT. �— 3`i Deputy County Auditor puty County Treasurer D•34 REV.(7-93) /r COUNTY OF CONTRA COSTA DEPOSITnPERMIT OFFICE•OF COATY� DITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER ,imnonl (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACCT. TASK OPTION ACTIVITY AMOUNT his 0.2 _ 5 $ /Q �D 1/ 5,23 �13�f D a T o��f 9'lAl�S 1q14,&63 ;qs q�oo osoo �a 29 1&10 o 1,2TQ y - I I EXPLANATION: TOTAL $ i DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSI PERMIT T DP LY^o�lo� NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby posit into the County Treasury, acknowledged. Si Date(,/7/""W ���� '/ ��/jiC�(� ' gned Signed: Titl EXT.�j Z Deputy County Audiror Deputy County Treasurer D-34 REV.(7-93) I .