HomeMy WebLinkAboutRESOLUTIONS - 08142001 - 2001-388 I
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
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Adopted this Resolution on August 14, 2001 by the following vote:
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AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER, GERBER,
AND UILKEMA
NOES: NONE
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ABSENT: NONE
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ABSTAIN: NONE
RESOLUTION NO. 2001/ 388
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SUBJECT: Approve the Road Improvement Agreement for Bixler Road,RA 1112(Subdivision
8429, Unit 3 of Subdivision 8023)being developed by Hofmann Land Development
Company, Brentwood)area.
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The following document was Ipresented for Board approval this date for Bixler Road, road
acceptance file RA 1112 (Subdivision 8023), property located in the Brentwood area.
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A Road Improvement Agreement with Hofmann Land Development Company, 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
pavement widening on Bixer Road from 28'to 34',between the southerly limit of subdivision 7686
frontage improvements and Regatta Drive.
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:
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I. Cash Bond
Deposit Amount: $1,600.00
Submitted by: Hofmann Land Development Company
Auditor's .Deposit Permit No: 372304 Date: July 31, 2001
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I hereby certify that this is a true and correct copy of an action
JD:Iap taken and entered on the minutes of the Board of Supervisors
Originator: Public Works(ES) on the date shown.
Contact: Rich Lierly(313-2345)
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cc: Pubic,Works- R.Bruno,Construction ATTESTED: A I I C,11,T 14 - 2 QO 1
Current Planning,Commmnity Development I — ,
T-6-14-02 JOHN SWEETEN, Clerk of the Board of Supervisors and
Hofmann Land Development Company
Attn: Mr.henry County Administrator
1330 Galaxy Way
Concord,CA 94520
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The American Insurance Company
One Market Plaza By , Deputy
Spear St.Tower '
San Francisco,CA 94111
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RESOLUTION NO. 2001/ 3 8 8
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SUBJECT: Approve the Road Improvement Agreement for Bixler Road, RA 1112
(Subdivision 8429 ,Unit 3 of Subdivision 8023)being developed by Hofinann
Land Development Company, Brentwood area.
DATE: August 14, 2001
PAGE: 2
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II. Surety Bond
Bond Company: The American Insurance Company
Bond Number: 11141714078 Date: August 7, 2001
Performance Amount: $159,400.00
Labor&Materials Amount: $80,500.00
Principal: Hofmann Land Development Company
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NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is
APPROVED.
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All deposit permits are on file with the Public Works Department.
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RESOLUTION NO. 2001/ 3 8 8
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Bond No.: 1114.1714078
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Development: Csza I<lZJ
Premium: $1,435.00
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IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Golvernment Code §§ 66499 - 66499.10)
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1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer (Principal) has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on, or along 8I-y-ler iR-o-d (R4 1112> 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.
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2. pp I� TION: ofst�rn.� Lind De✓e/d ,.rezCo a n ,as Principal and
THEA RICAN oration organized under the laws of the State of Nebraska
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: 042 Xlvridr ed aAd ��jC71 ,,,f"A2 7.7(-0:$19of , Fo�� llb taped
Dollars ($ /5`7, `>�o O . " ) for itself or any city assignee under the above County
Road Improvement Agreement, plus
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B. Payment: ��� t.o ✓5arc� ca�c{ �� ✓e �v.c��ep�
Dollars ($ 6 / a O . , ) to secure the claims 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,
or principal's 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.
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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 attorney's fees, incurred
by the County of Contra Costa or city assignee, in successfully enforcing such obligation, all to be'
i taxed as costs and included in any judgement rendered.
B. The condition of this obligation, 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 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 claims 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 fully 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-x0ho4f 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 SEAL•ED.
The undersigned executed this document on August 7 , 2001
PRINCIPAL: HOFMANN LAND DEVELOPMENT COMPANY SURETY: THE AMERICAN INSURANCE COMPANY
Address: . 1380 Galaxy Way Address: One Market Plaza, Sp : r St. Tower
Cit Y Y
Concord, CA 94521 Cit Sa Fran i o CA 9 I�l
By: By:
Print Name: ! T S !�A Print Name:Vthleen ryanorncy n-Fact
Title: PA?,C-5/b K7It/7 Title: Attorney-in-Fact
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of Contra Costa
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On August 7, 2001 before me, Bernice Elizabeth ONeal, Notary Public,
personally appeared Kathleen Bryant, 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 her instrument.
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Witness my hand and official seal
�•, BERNICE ELIZABETH ONEAJ
• COMM. 1189793
IL
NOTARY PUBLIC-CALIFORNIA '00
CONTRA COSTA COUNTY
�I My Comm.Expires June 111,2002
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OPTIONAL
Though the data beloiu is not rewired by law, it may prove valuable to persons relying on
the document and could prevent fraudulent reattachment to this form.
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CAPACITY CLAIMED BY SIGNER: Attorney-in-Fact
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SIGNER IS REPRESENTING: THE AMERICAN INSURANCE COMPANY
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FIREMAN'S FUND INSURANCE COMPANY
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NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY I AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
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KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION,
an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation rcdomeslicated in Nebraska, ASSOCIATED INDEMNITY
CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "(he
Companies")does each hereby appoint JAMES C. JENKINS, KATHLEEN BRYANT, CONCORD CA
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their true and lawful Attorney(.,)-in-Fact,with full power of authority hereby conferred in their name,place and stead,to execute,seal,acknowledge and deliver any and all
bonds,undertakings,recognizances or other written obligations in the nature thereof --------------------------
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and to bind the Companies thereby as fully and to the same exlenl as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly
attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY
CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE
COMPANY which provisions are now in full force and effect. I
This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE
COMPANY, NATIONAL SURELY CORPORATION,THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN
AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been
amended or repealed:
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"RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,and the seal of the
Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by
facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Companies."
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IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vicc-President, and their corporate.seals to be hereunto affixed
this 25th day of September 1998
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EiY� �et�ur� A&N'S FG �Eo a ni`• FIREMAN'S FUND INSURANCE COMPANY
.......
°oma .••• ��� `•y'S ,r�o+::— �� NATIONAL SURETY CORPORATION
,:: '• e� ;�` • • =�:'—•—`p=_ THEAMERICAN INSURANCE COMPANY
Z srrr.apro D z _3 8EAL_9 ASSOCIATED INDEMNITY CORPORATION
N e =3'•. *� AMERICAN AUTOMOBILE INSURANCE COMPANY
q`! 4e�U`',[��Yfr^ GP `c sJ6 Q'� yJ,•.—•i:'.4```
t'r �ryC[Cpd 4.Ip'e'E•��J
�} i "rn•nwno•
By
STATE OF CALIFORNIA vK yrs dcni
COUNT I
Y OF MARIN I
on this 25th day of September 1998,before me personally came M.A. Mallonee to me known,who,being by me
duly sworn,did depose and say:that be is a Vice-President of each company,desciriW in and which executed the above instrument;that he knows the seals of the said.
Companies;that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and.that he
signed his name thereto by like order.
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IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
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aL OCAMPO
t Commission# 1163726
-�; Notary Public-Califomia
Matin County
My Comm.lyq kM NoV 28.2001
da.ry PublicCERTIFICATE
STATE OF CALIFORNIA
COUNTY OF MARIN I
I,the undersigned,Resident Assistant Secretary of each company,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force
aad has not been revoked;and furthermore that Article VII of the Byaaws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,
are now in force
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Signed and sealed at the County of Maria Dated the t h day of August 2() 1
'� \'�t�U.�C tF•M',A„N.f EG ,�,f'oaNr+Ri�r''�y +CbQj
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t^,Ca�t4 P�Meep� fTt ,�O- IteidcolAaistaal 5eaex+ry
360789-11-98
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ROAD IMPROVEMENT AGREEMENT
Developer: yoZ isZa44 laird DPYQ%p1*Pld �fe Effective Date: 2-00
Development: Rodad 4GG9Df4,tCQ_ AA 11 1 Z Completion Period: 1 year
Road: i K ber RoOLd
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THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
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CONTRA COSTA COUNTY DEVELOPER: /-�o�ihagn L,a,rc�I�eve/a�m��C�- Ce .
Maurice M.Shiu,Public Works Director
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By: "- (signature)
(print name&title) w •T. 3 ka+N� PP Qui d e►1�"
ECOMM F APPR iAL
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By:. (signature)
g' ecring Services Division (print name&title)
FORM APPROVE Victor J. Westman,County Counsel
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures mutt
conform with the designated representative groups pursuant to Corporations Code 5313.)
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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:
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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).
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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 betweenl the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
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3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security
to the County: I �1
A. For Performance and Guarantee: S /i 406 O. cash,plus additional security,in the amount of S VOO. C
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 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 S 1 86i OG which is fifty percent(50%)of the estimated cost of the work.
Such security is presented in the form of: I
Cash,certified check,or cashier's check
Acceptable corporate surety bond. I
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
securities may be reduced in accordance with 5944.406 and S944.408 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-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.
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The guarantee period does not apply to road improvements for private roads which are not to 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 establishment work shall be performed for a period of one-year
ifrom and after the Board of Supervisors accepts the work as complete.
G. IMPROVEMENT PLAN WARRANTY. Developer warrants die improvement plans for the work are adequ�ate.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.
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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 m 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 liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted die 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 shall 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 attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete
the work.
11. INCORPORATION/ANNEXATION. 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 County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights
shall be transferred to the new or annexing city. Such city shall have all the rights of 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 shall allow Developer to 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
RL:kw
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Rev.April 6,2000
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CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
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State of California )
) SS.
County of Contra Costa )
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On July 26, 2001, before me, D. Panteles, a Notary Public in and for the
State of California, personally appeared A.T. Shaw , personally known to me to
be the person whose name issubscribed to within instrument, and acknowledged
to me that he executed the same in his authorized capacity and that by his
signature on the instrument the person(s), or entity on behalf of which the
person(s) acted, executed the instrument.
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WITNESS my hand and official seal
PANTELES
Comm,#1196585 r�
n NOTARY PUBLIC-CALIFORNIA N
Signat ", Contra Costa County
- — — MY COMM-EAPires March9,1005 nd
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Reference: Road Improvement Agreement— Bixler Road
Date: July 26, 2001
Pages: 2
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ACTION BY THE BOARD OF DIRECTORS OF
A
HOFMANN LA, DEVELOPMENT COMPANY
BY WRITTEN CONSENT WITHOUT A MEETING
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The undersigned, being all of the present directors of Hofmann Land
Development Company, a California corporation, individually and collectively consent,
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by this writing, to take the following actions, to adopt the following resolution_
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RESOLVED, that the corporation authorizes A.T. Shaw to execute, in his
authorized capacity as CEO/President, any and all documents related to the purchase
and sale of real property, any and gall documents related to the approval of tentative and
final subdivision maps, and any and all documents related to land improvement
agreements, such as subdivision agreements, and any and all bond agreements.
This consent is executed pursuant to section 307, subdivision (b) of the
California Corporations Code, which authorizes the taking of action of the Board of
Directors by unanimous written consent without a meeting.
Dated: August 1, 2000
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Kenneth a n, Director
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Albert T. Shaw, Di ctor
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ennon, Director
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7omas A, Whalen,
Dennis M. Drew, Director
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Richard L. Greene, Director
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CERTIFICATION OF SECRETARY
I, Dennis M. Drew, do hereby certify that I am duly elected and qualified
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Secretary and the keeper of the riecords and corporate seal of Hofmann Land
Development Company, a California corporation organized and existing under the laws
of the State of California, and that the above is a true and correct copy of a resolution
duly adopted by the Board of Directors thereof, and that such resolution is now in full
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force and effect.
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Dennis M. Drew, Secretary
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Date:
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