HomeMy WebLinkAboutMINUTES - 10281997 - C13 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.: 7/580
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 SUPOA43M On the date Shmn• 7
Contact: Rich Lierly(313-2348) ATTEST pHl�BATCHELOR,Clerk of�o� /
cc: Public Works-R.Bruno,Construction $ypgryiep�and Coun A
Current Planning,Community Development ty dminlatrator
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.,#1414,Los Angeles,CA 90045
DRAINAGE IMPROVEMEENNT�AGREEMENT
Developer:Frank J.Straface Effective Date: Y � -L 2-e, 199 -7 7
Development:DP 3037-88 Completion Period: 1 1/!
Road:State Highway 4
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: 1 3
CONTRA COSTA COUNTY DEVELOPER
J.Michael Walford,Public Works Director
By: C; (signature)
(pont name 6.title)
RECOMMENDS AP OVAL ���
By: (signatiac)
E gin S ices Division (print name&tide)
FORM APPRO > Victor J.Westntan,County Counsel
(NOTE:All signatures to be acknowledged. If Subdivider is incorporated,signatures must conform with the
designated representative groups pursuant to Corporations Code 5313.)
1. PARTIES&DATE. Effmtive on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned Devcloper
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 as reviewed and on Glc 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.
_)<_ 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$47,850,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the
form of:
Cash,certified check,or cashier's check
X_ Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or
muteriuls to them or to the Developer.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in
accordance with S944.406 and S944.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,
"Acceptance",of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
The guarantee period does not apply to road improvements for private roads which arc not to be accepted into the County road system.
5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined
CA IFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CqL/FO,eNlfl OPTIONAL SECTION
County of IVON reec y ,// � CAPACITY CLAIMED BY SIGNER
On 9 97 before me, NO''I2.EEA! M Sµ4ci,#-EZ, A107-A,2 y 106 � Though statute does not require the Notary to
DATE NAM ,TITLE OF OFFICER E.G.,'JANE DOE,NOTARY PUBLIC- till in the data below,doing so may prove in-
valuable to persons relying on the document.
personally appeared I12AIA[K J- 5TR14 FAC E
NAME($)SIGNER(S) ❑INDIVIDUAL
❑CORPORATE OFFICER(S)
,,���,p,1viversonally known to me-OR-11 pr the barsils of sa#sfast(my'
ccFlee'-tb— TITLE(5)
be the personKwhose name Is
subscribed to the within instrumMt ❑PARTNER(S) ❑LIMITED
and acknowledged to me that ❑GENERAL
NCK_ M.SANG _Z
�y executed the same in ❑ATTORNEY-IN-FACT
N p�{ r horized capacity(ae }, ❑TRUSTEE(S)
Commission= 1 155271 z and that b hi ktetftl�eir signature�s�' ❑GUARDIAN/CONSERVATOR
Z _� Nc,ary Public California ;_ on the instrument the person;�a f or the ❑OTHER:
Z "* Monterey County entity upon behalf of which the per-
PAy Comn.FxpiresSep26,2U01 son(sf acted, executed the instrument.
WITN S m n official seal, SIGNER IS REPRESENTING:
y hand affi / NAME OF PERSON(S)OR ENTITY(IES)
SIGNA UR OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED
TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT�)ra)na9e MOra✓emefJ AVreemerl
NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER
Though the data below is not required by law, THAN NAMED ABOVE A0 4f
it may prove valuable to persons relying on the
document and could prevent fraudulent
reattachment of this forth.
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.
II. 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
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'.
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G:.�ENGSV.C)FORMSINOTARY.W PD
Rev,:;hi[Y:24;:3937
Development (o:DP :1037-$S
Bond No: 55303
1MPR.0VEMLN'1'SECUPdTY BOND
DRAINAGE IMPROVEMENT AGREEMENT
(faithlild performance&maintenance,AND labor and materials)
1. OBLIGATION: Frank J. Straface, as Principal, and_ American Contractors Indemnity Company
(Surct , a corporation organized and existing under the laws of.the Stale aP California
and orbraiized and existing under the laws of the State of California, as Surety,hereby jointly ai I severally bind
ourselves,our heirs,executor.;, administrators,successors and assigns to the County of Contra Costa,- ililbrnia to pry
A. NaithftilPerrormiincz,&.Maintenance: Ninety-Four Thousand, Seven Hundred--- _Dollars (
94 700.00- `)for itself or any city-assigmee under the below-cited Drainage:lmprovci :nt Agree.ment,
plus
B. Labor &Materials:: Forty-Seven Thousand, Eight Hundred Fifty-- — Dollars ($
$47,850.00--) _)for the benefit of persons;protected under Title IS §§ ct seq. of the 'alit-ornia Civil
Code.
2. RECITAI, ON CONTRACT_: The principal contracted with the Coundy to install and pay for dr gage and other
improvements in State Highway 4, as specified in the Drainage Improvements Agreement, and to con ,lett said work
within the lune specified in the Drainage Improvement Agreement for completion,all in accordance wit] date and local
laws and rulings thereunder in order to satisfy the conditions ofapproval for DP 3037-88.
3. CONDITION: If the principal faithfully performs all things required according to the terms tmd cc ditions of said
contract and improvctnent plan and improvements agI-ced on by the principal and the County,then this bligation as to
Section 1-(A) above shall bewnle null and void, except that the guarantee,of maintenance continues r the orae-year
period;and if he or she fully pays the contractors, subcontractors,and persons renting cquiptnent or fur shing lnbor or
materials to them for said work turd iluprovemcttt,and protects the premises from claims of such liens,thei :his obligation
as to Section 1-(B) above shall become null and void;otherwise this obligfition remains in full force an effect.
No altcradon of said contract or any plans or specifications ofsaid work agreed to by the Principnl and ic county shall
relieve any surety froth liability on this bond; and consent is hereby given to imakc such alterations witho further notice
to or consent by Surety;and the Surety hereby waives the provision of Cali.fontia Civil Code $2819,and he is itself bound
without regard to and indcpende.-ndy of any action against Principal whenever taken,and agrees that if Cot: ty sacs or'this
bond, Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the ju; ;emctit.
SIGNED AND SEALED Un...„ _ 10/6/97 _ —
PRINCIPAL Frank J. Straface SURET Am rican C -tractors Indemnity Company
By By _----
Address LG � � Cry,- & AcldressD.L.Lowe At y-in-Fact --
/3�E- b(� � 9841 _ t Blvd. , #1414
Les Angeles, Ca 90045
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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7' n
c' State of California
County of Alameda
T
hOn 10/6/97 before me, Aimme M. Schlosser, Notary Public
Date Name and Tale of Officer(e.g.."Jane Doe.Notary Public") `S
IS
5 personally appeared D. L. Lowes
Name(s)of Signer(s)
<5 ;-X personally known to me—GR =_Waye4m aFis€aeteFy idef+e-e to be the person()
whose name{ is/-a+e subscribed to the within instrument
and acknowledged to me that-#e/she/" executed the
h same in#i6/her/4#eir authorized ca acit y
p y(ies} and that b `S
r� '
lois/her,444e.if=signature((on the instrument the persons-),
5 �lRNHR11/NRRRRlRl/1t!!!!!RR!lIRRRlR!!R!!!lNHRRlRR.Rl� or the entity upon behalf of which the persons) acted,
= ASMME M. SCHLOSSER executed the instrument.
COMM. # 1151077 3 S
` ; NOTARY PUBLIC—CALIFORNIA WITNESS my hand and official seal.
o.
id COUNTY OF ALAMEDA _
h • ° e c;
Comm. Exp. Aug. ll,2001
1!11HRHUHHIlRl111l1lRRR!!U!!8!!O!!!illllRlHlIH1� ` �� ��j �(/ � f ,�j
ignature of Notary ub:ic r,
TS �S
OPTIONAL
<} Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
nfraudulent removal and reattachment of this form to another document. =
camQ j
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Description of Attached Document
,�j; Title or Type of Document:
r Document Date: Number of Pages: ^%
iS
ti Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer{s} r'
Signer's Name: D. L. Lowes Signer's Name:
�? ❑ Individual ❑ Individual
�? ❑ Corporate Officer ❑ Corporate Officer
;5 Title(s): Title(s):
<�
El Partner—❑ Limited El General El Partner—❑ Limited ❑ General
L At ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
,Oil •-II
ll ❑ Guardian or Conservator . ;- ❑ Guardian or Conservator .
OS ❑ Other: Top of thumb here ❑ Other; Top of thumb here ns
h �
r;
5 ,
Signer Is Representing: Signer Is Representing:
American Contractors
Indemnity Company
0 1995 National Notary Association•8236 Remmet Ave.,P.O.Boz 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,required 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 — 1997
CTU,pr 1yo AMERICAN CONTRALTOS 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. B.CAINDEC
CommWon S 1t1"M
Notary PuNc—CoRVrdo
d4j� Los Angeles County
.-e6My Comm.bpkes May 28.200D
CERTIFICATION j WN000 - - -
1, 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 tcber. , 19 97
Albert Baumgarten,Secretary