HomeMy WebLinkAboutMINUTES - 10281997 - C13 (3) 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.: 97/580
SUBJECT: Approval of the Drainage Improvement Agreement for DP 3037-88, Oakley area.
The following document was presented for Board approval this date for Development Permit
3037-88, property located in the Oakley area:
A Drainage Improvement Agreement with Frank J. Straface, developer, whereby said
developer 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 drainage
improvements.
Said document was accompanied by the following:
Security to guarantee the completion of 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 corporate surety bond dated October 6, 1997, and
issued by American Contractors Indemnity Company (Bond No. 55303) with Frank
J. Straface as principal,in the amount of$94,700 for faithful performance and $47,850
for labor and materials.
All deposit permits are on file with the Public Works Department.
NOW THEREFORE BE IT RESOLVED that said Drainage Improvement Agreement is
APPROVED.
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Originator:Public Works(ES) DOM of Supervims 0"ffle date$flown•
Contact: Rich Lierly(313-2348) A"ESTE&C]a�� � a Sr /9/c
7
cc: Public Works-R.Bruno,Construction PHIL BATCHELOR,Clerk of t o board
Current Planning,Community Development Of SuPeMSM and County Adminiatrater
Frank J.Straface
3208 Stillwater Lane,Pebble Beach,CA 93953
Carl Karcher Enterprises,Inc.
1200 No.Harbor Blvd.,Anaheim,CA 92801
American Contractors Indemnity Company
9841 Airport Blvd.,41414,Los Angeles,CA 90045
DRAINAGE IMPROVEMENT AGREEMENT
Developer:Frank J.Straface Effective Date: Qi o 4-, 02 (q `1(�
7
Development:DP 3037-88 Completion Period: 1/(c:an n
Road:State Highway 4
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: 1 3
CONTRA COSTA COUNTY DEVELOPER
J.Michael Walford,Public Works Director
(pont name S title)
RECOMMENDE AP OVAL
By: (sigr an,re)
E gin S ices Division (print name a.fide)
FORM APPRO Victor J.Wesunan,County Counsel
(NOTE:All sigraura to be acknowledged. If Subdivider is incorporated,signature must conform with the
designated representative groups pursuant to Corporations Code S313.)
t. PARTIES&DATE. Effective on the above date,the County of Contru 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 off-tract drainage improvements and such other improvements(including appurtenant equipment)
as required in the improvement plans for this development us 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$94,700 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.
K_ 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$47,850,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.
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 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 964.6,
"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.
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(1)year
from and after the Board of Supervisors accepts the work as complete.
6. IMPROVEMENT PIAN 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. 71re indemnities b netitu;d 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 IiabiliN 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/ANNI,.XA"I'ION. 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 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 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)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of 0,14 00,eA)119- OPTIONAL SECTION
County of M6AjrE�Z�,y/� CAPACITY CLAIMED BY SIGNER
On 9 �97 before me, A1o/2�Ar IV.9,gAXr-EZ AID- q ey f�d' gL/e— Though statute does not require the Notary to
DATE NAME.TITLE OF OFFICER E.G..*JANE DOE,NOTARY PUBLIC fill in the data below,doing so may prove in-
valuable to persons relying on the document.
personally appeared F/2lmk J. S'TieqFAC,E
NAME(S)SIGNER(S) ❑INDIVIDUAL
❑CORPORATE OFFICER(S)
personally known to me-OR-❑ provided to Fne GR the basis of sa#&fastlary
evrder►ee-to-, TITIE(S)
be the person(sfwhose name )s
subscribed to the within instrument ❑PARTNER(S) ❑LIMITED
and acknowledged to me that ❑GENERAL
�y r executed the same in ❑ATTORNEY-IN-FACT
NOR N M.SAhC Z hefA horized capacity(ael), ❑TRUSTEE(S)
4u.,
Commission= 11552712 and that b hi Hef/Heir signature' ❑GUARDIAN/CONSERVATOR
Notary Public-California > on the insrsonj4or the ❑OTHER:
Monterey County entity upon behalf of which the per-
RAyCom-r.FxpiresSep 26,2tb1 son(sf acted, executed the instrument.
WITN S my 7 hand ani) official seal, SIGNER IS REPRESENTING:
� NAME OF PERSON(S)OR ENTITY(IES)
",;NA UR OF NOTTARY//n
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED �rafnq,9e lmpro/ernerJ ASreeine�
TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES I DATE OF DOCUMENT SIGNER(S)OTHER
THAN NAMED ABOVE yDN�
Though the data below is not required by law,
It may prove nluable to persons relying on the
document and could prevent fraudulent
resRactment of this form.
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 be signed exactly as it is typed or printed.
Il. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in
t e 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 or an Ind the partnership.
IV. 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
c Any 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'.
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KevhiEjr:�4t997
Development lo:DP 3637-88
Bond No: 55303 _
IMPRO I EMLN'.l'SECURITY BONi)
F()R DRAINAGE IMPROVEMENT AGREEMENT
(.faitht'.ill performance&maintenance,AND labor and materials)
1. OBLIGATION: Frank J. Straface, as Principal, and_ American Contractors Indemnity Company
_ (Surety), n corporation organized and existing under the laws of the State of California
rand organized and existing under the Iaws of the State of California, as Surety,hereby jointly a) I severally bind
ourselves,our heirs,executort;, administrators,successors and assigns to die County of Contras Costa, - nlifonii;a to pay
A. FaithftilPerrormiincc,&.Maintenance: Ninety-Four Thousand, Seven Hundred---- Dollars
(
_$94.700-00–) –)for itself or aniy city-assignee under die below-cited Drainage Improvct :ret Agreement,
plus
B. Labor & Materials:: Forty–Seven Thousand, Eight Hundred Fifty---'_ _ Dollars($
$47,850.00--) —)for the benefit of persvns prolccted unc:lcr Title 15 §§ ct s,;q. of the :aliforinia Civil
Code,
2. RECITAL, OF CONTRACT: The principal contracted with the County to install and pay for dn- gage and other
improvements in State Highwaiy 4, as specified in the Drainage Improvements Agreement, and to con ,lete said work
within the time specified in the Drainage Improvement Agreement for completion,all in accordance witl date and local
laws and nslings thereunder ire order to satisfy the conditions of approval for DP 3037-88.
3. CONDITION: If the principal faithfully performs all things required according to the t:errns and cc ditions ol'said
contract and improvement plan and improvenients agaeed on by the principal and the County,then this bligation as to
Section l-(A) above shall become null and void, except that the guarantee of maintenance continues r the orse-year
period; and if he or she fully pays the contractors, subcontractors, acid persons renting equipment or fut shuig laibor or
iiiaterials to thein for said work aid unprovemcnt,and protects the prennises from claims of such liens,the! :his obligation
as to Section 1-(B) above shall become null and void; odterwise this obligittion remains in full force au effect.
No alteration of said contract or any plans or specifications of said work agreed to by the Principal and Lc county shall
relieve ally surety from liability on this bond; and consent is hereby given to unake such alterations witho further notice
to or consent by Surety;and the Sleety hereby waives the provision of California Civil Code §2819, and he is itself bound
without regard to and indcpendcantly of any action against Principal whenever taken,and agrees that if Cox: ty sues ors this
bond, Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the jt: ;ement.
SIGNED AND SEALED on ,,. _ 10/6/97
PRI:NCiPAL Frank J. Straface SUFI Am rican C retractors Indemnity Company
I3y By _.
Address �` 1G tJ � C � Address
D.L.Lowe At y–in–Fact --
/3GC'fj � C14 9841 A4t Blvd. , #1414
Los Angeles, Ca 90045
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Alameda
On 10/6/97 before me Aimme M. Schlosser, Notary Public 1>
Date Name and Title of Officer(e.g.,"Jane Doe.Notary Public")
personally appeared D. L. Lowes
Name(s)of Signer(s)
5. 1,personally known tome .- basis ef sat;sfae�� -eto be the person(}
whose names) is/-afe subscribed to the within instrument
and acknowledged to me that4-+e/she/" executed the
same in lois/her/449e authorized capacity(�&O, and that by
9 >
0
"/herA444;ljr--signature(4 on the instrument the person- s-),
or the entity upon behalf of which the person4-s-) acted,
AIMME M. SCHLOSSER executed the instrument.
comm. # 1151077
0)
NOTARY PUBLIC—CALIFORNIA WITNESS my hand and official seal.
COUNTY OF ALAMEDA "M
Comm. Exp. Aug. 11,2001 8
III Allff I I llama]all I 1111611111161"ll
<
STignature of No—tary Pubho
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{o
Signer's Name: D. L. Lowes Signer's Name:
El Individual Ll Individual
0 Corporate Officer C1 Corporate Officer
Title(s): Title(s):
0 Partner 17 Limited Oj General [I Partner—El Limited ❑ General
EX Attorney-in-Fact 0 Attorney-in-Fact
❑ Trustee 0 Trustee
it
0 Guardian or Conservator El Guardian or Conservator
0 Other: Top of thumb hereEl Other: Top of thumb here
TS
Signer Is Representing: Signer Is Representing:
American Contractors
Indemnity Company
®1995 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
- American Contractors Indemnity Company
Los Angeles, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That AMERICAN CONTRACTORS INDEMNITY COMPANY,a California Corporation
(the"Company"),and having its principal office in Los Angeles,California does hereby constitute and appoint:
D.L. Lowes
as its true and lawful Attorney(s)-in-fact,in amount of$ unlimited ,to execute,seal and deliver for and on its behalf as surety,any
and all bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,which are or may
be allowed,t'cquired or permitted by law,statute,rule,regulation,contract or otherwise,and the execution of such instrument(s)-in pursuance
of these presents,shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY,as fully and amply,to all
intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed,and may be certified to and may be revoked,pursuant to and by authority of resolutions adopted by the Board
of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY,at a meeting called and held on the 6th day of December, 1990.
RESOLVED that the Chief Executive Officer,President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,
shall have 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 signature of such officers and the seal of the Company may be affixed to any such power of attorney or
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 and any 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 this instrument to be signed and its
corporate seal to be affixed by its authorized officer this 21st day of August , 1927
pCTO,pS AMERICAN CONTRACTORS E MPANY
5 INCORPORATED ? By:
SEPT.26,1990 o Andy Faust,President
STATE OF CALIFORNIA 'rglMp'
COUNTY OF LOS ANGELES
On August 21, 1997 before me, B. Caindec personally appeared Andy Faust
personally known to me to be the person whose name is subscribed to the 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,or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal. 8.CAINDEC
Commtsslon 0 1048990
Notary Public—CoBfomla lip
d4j� Los Angeles County
90My Comm.EMlres May 28,20M
CERTIFICATION
I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the
foregoing copy of the Power of Attorney and affidavit,and the copy of the resolution adopted by the Board of Directors of said Company
as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY,and that same are
correct transcripts thereof and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full
force and effect.
IN TESTIMONY WHEREOF,I have hereunto set my hand this 6th day of Oc t c b e r. ' 19 97
Albert Baumgarten,Secretary