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Home My WebLink AboutMINUTES - 10281997 - C12 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 28, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 97/579 SUBJECT: Approval of the Road Improvement Agreement for DP 3007-96, Oakley area. The following document was presented for Board approval this date for Development Permit 3007-96, property located in the Oakley area: A Road Improvement Agreement with Carl Karcher Enterprises, Inc., 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 road widening. 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: a. Cash deposit(Auditor's Deposit Permit No. 301243, dated September 9, 1997) in the amount of$1,000, made by Carl Karcher Enterprises, Inc. b. Additional security in the form of a cash deposit (Auditor's Deposit Permit No. 301243, dated September 9, 1997) in the amount of$14,000 ($9,000 for faithful performance and $5,000 for labor and materials) made by Carl Karcher Enterprises, Inc. All deposit permits are on file with the Public Works Department. NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is APPROVED. RL:NL:mw &�ENGSVC�BO�BOI0-28.WPD � y Y that this e e true and Correct Cly Of m Mi'ectlon taken and entered on the minutes Ot-qt9 Uwd of Supe Isors on the date shown. Originator:Public Works(ES) ATTESTED: o2 Contact: Rich Lierly(313-2348) PHIL BATCHELOR,Clerk of ttVfe board cc: Public Works-R.Bruno,Construction of Supervisors and County Administrator Current Planning,Community Development Linda Budge,Comm Tech Services Idil"APO. 9571 Mira Del Rio,Sacramento,CA 95827 Carl Karcher Enterprises,Inc. 1200 No.Harbor Blvd.,Anaheim,CA 92801 Carl Karcher Enterprises,Inc.,Construction Department P.O.Box 4999,Anaheim,CA 92803 V ROAD IMPROVEMENT AGREEMENT Developer:Carl Karcher Enterprises,Inc. Effective Date: —Seii ,, 1997 Development:DP 3007-96 Completion Period: Road:Neroly Road THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER J.Michael Walford,Public Works Director Carl Karcher Enterprises,Inc. By. t (suture "(printname&ti e Rober 1 ely - RECOMMEND ROVAL Sr. is President, Marketing By: (signature) Eng g rvices Division (print nam°&title Robert A. Wilson FORMAPPRO Victor J.Westman,CountyCounsel Sr. Vice President, General Counsel (NOTE:All signaturesto be acknowledged. If Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) 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 lights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall 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 Performance and Guarantee:$1,000 cash,plus additional security,in the amount of$9,000 which together total one hundred percent(100%) of the estimated cost of the work. Such additional security is presented in the form of: X_Cash,certified check or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$5,000,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of. A 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 5944.408 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 9613.6, "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 not to be accepted into the County road system. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of ( rQ�),I ha n ea- OPTIONAL SECTION County of rl1 —� ( CAPACITY CLAIMED BY SIGNER On J� t before me �FC�YG� IIIC Though statute does not require the Notary to DATE I L F OFFICER E.G..',J�N O ,N R UBL fill In the data below,doing so may prove in- __` valuable to persons relying on the document. personally appeared RD6 (A 2 W V 6 nd QY4 NAM (S I�aSS> ❑INDIVIDUAL "J�'CORPORATE OFFICER(S) ersonally known to me-OR=-O-prov+ded t ctory yy vidence to 5r, Utce LSI��l//3 be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and ❑PARTNER(S) ❑LIMITED acknowledged to me that heAahetthey ❑GENERAL executed the same in hisll�ttheir ❑ATTORNEY-IN-FACT SUSAN D.RICE authorized capacity(ies), and that by Commission#1076649 z ❑TRUSTEE(S) qltmy Notary Public—California I�►sltTerltheir signature`s)on the ❑GUARDIAN/CONSERVATOR Orange County nstrument the person(s)or the entity ❑OTHER: Comm.Expires Nov 17.1999 upon behalf of which the person(s) acted, executed the instrument. WITTESS my hon nalcial seal, SIGNER IREPRESENTING: NAME OF PERSON(S)OR FMITy(IES) ermi s SIGNATU OF NOTA OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT�n* p fM0YDQPiM 10-e reeotegl v NUMBER OF PAGES �_DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE Though m.deb Who.Ie not r.q*.d by bw, i may prove valuable to penoM Hying on the document and could prevent houdutera nadKMnant o(tltis/onn. INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must Ee 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 bindthe partnership. 1V. SIGNATURES FOR CORPORATIONS Documents should a signed y two officers, one from each of the following two groups: GROUP 1. a The Chair of the Board b The President cAny Vice-President GROUP 2. a The Secretary b An Assistant Secretary 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 Ie n'SVClfO'MSknotary.new Revised 7194