HomeMy WebLinkAboutMINUTES - 10022001 - C.7 c.0
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 2, 2001 by the following vote:
AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2001/ 4 5 9
SUBJECT: Approve the Subdivision Agreement (Right of Way Landscaping) for Subdivision
8428 being developed by Hofmann Land Development Company, Brentwood area, District 3.
The following document was presented for Board approval this date for, Subdivision 8428
located in the Brentwood area, Supervisorial District 3.
A subdivision agreement (Right of Way Landscaping) with Hofmann Land Development
Company, developer, whereby said developer agrees to complete all improvements as required in
said subdivision agreement (Right of Way Landscaping) within one year from the date of said
agreement. Improvements generally consist of landscaping, with related irrigation system.
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title,8 and 9
of the County Ordinance Code, as follows:
I. Cash Bond
Performance Amount: $13,800.00
Submitted by: Hofmann Land Development Company
Taxpayer I.D. Numbers: (Federal 68-0419482) and(State C2118258)
Auditor's Deposit Permit No. and Date: DP 373955, September 6, 2001
G:\GrpData\EngSvc\BO\2001\BO 10 2-01.doc I hereby certify that this is a true and correct copy of an action
L:lad
Originator: Public Works(ES) p taken and entered on the minutes of the Board of Supervisors
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Contact: Rich Lierly(313-2348) on the date shown.
cc: Pubic Works- R.Bruno,Construction
D.Edmonds,Special Districts
Current Planning,Community Development ATTESTED: October 02 , 2001
T-8-2-02 JOHN SWEETEN, Clerk of the Board of Supervisors and
Hofmann Land Development Co. p
Attn:A.T.Shaw County Administrator
1380 Galaxy Way
Concord,CA 94520
The American Insurance Company
Atm: Kathleen Bryant
One Market Plaza, By , Deputy
Spear St.Tower IV
San Francisco,CA 94111
RES OLUTION NO. 2001/4 5 9
i
SUBJECT: Approve the Subdivision Agreement (Right of Way Landscaping) for Subdivision
8428 being developed by Hofmann Land Development Company, Brentwood area,
District 3.
DATE: October 2, 2001
PAGE 2
H. Surety Bond
Bond Company: The American Insurance Company
Bond Number and Date: 11141714177, September 25, 2001
Performance Amount: $124,100.00
Labor&Materials Amount: $68,950.00
Principal: Hofmann Land Development Company
NOW THEREFORE BE IT RESOLVED that said subdivision agreement (Right of Way
Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
SUBDIVISION AGREEMENT
(Right of Way Landscaping) -
(Government Code S66462 and S66463)
Subdivision: '94Z8 LC,ak>e sh pr- 2—) Effective Date:
Subdivider: HOf?A4"A LQr%8TDrye1earrtA+ Go, Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and^Title) ..
MAURICE M. SHIU, Public Works Dir for Ho-Fmgnn "nct'Deyel otenf Cfl .
By: 4AAA,156 (signature) v v
(print name&title)
-
RECOMMENDED FOR APPROVAL:
By: (signature)
Engin6eri,rA Services Division (print name&title)
FORM APPROVED: Victor J. Westman, County Counsel
(NOTE:All signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code S313.)
1. PARTIES& DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County,"and the
above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider 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 subdivision 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).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code SS66410 and following),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 Subdivider shall, pursuant to Government Code S66499, and
the County Ordinance Code,provide as security to the County:
��44
For Performance and Guarantee: $ 13�800• �� cash,plus additional security, in the amount
of$ Z;k,166
. 00 which together total one hundred percent(100%)of the estimated cost of the work. Such
additional se urity 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 Subdivider 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$ CD 8, 9✓r- 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
C_ Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, the Subdivider guarantees payment to the contractor, to his subcontractors,and to persons renting equipment
or furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider, the amount
securities may be reduced in accordance with S94-4.406 and S944.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider 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. Subdivider 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. Subdivider 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 from and after the Board of Supervisors accepts the work as complete.
At the discretion of the County, bids may be released after final acceptance of landscaping-improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. :Subdivider 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 Subdivision. 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, Subdivider 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 of4he 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 Subdivider 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: Subdivider 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 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 liability are any act or omission (negligent or non-negligent)in connection with the matters covered
by this Agreement and attributable to the Subdivider,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 subdivision,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: Subdivider shall pay when due, all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
i
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider 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 andfor maintain the.work by,contract or
otherwise, and Subdivider 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.
Subdivider hereby consents to entry on the subdivision propel iy by the County and its forces, including contractors, in the event
the County proceeds to complete and/or maintainthe work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even
if Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work, Subdivider agrees to pay all attorney's fees, and all other expenses of litigation incurred by County in connection therewith, even
if Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision 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 Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
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G tGrpData1,EngSvcAForm%1,AG WORDAG-30A doc
Rev.November 19.1908
CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
State of California )
) SS.
County of Contra Costa )
On August 30, 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 is subscribed 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.
WITNESS my hand and official seal _ D. PANTELES
Comm.#1296585
NOTARY PUBLIC-CALIFORNIA N
> Cor,Ira Co, County
My Comm. Expires March 9,2005"
Signatures—;-7r�i,c _
Reference: Subdivision Agreement— Subdivision 8428 Lakeshore 2
Date: August 30, 2001
Pages: 2
ACTION BY THE BOARD OF DIRECTORS OF
HOFMANN LAND DEVELOPMENT COMPANY
BY WRITTEN CONSENT WITHOUT A MEETING
The undersigned, being all of the present directors of Hofmann Land
Development Company, a California corporation, individually and collectively consent,
by this writing, to take the following actions, to adopt the following.resolubon,
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 all 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
Kenneth Vairi, Director
v Albert T. Shaw, D1 ctor
ennon, Director
omas A. Whalen, Di
Dennis M. Drew, Director
Richard L. Greene, Director
CERTIFICATION OF SECRETARY
I, Dennis M. Drew, do hereby certify that I am duly elected and qualified
Secretary and the keeper of the records 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
force and effect.
Dennis M. Drew, Secretary
Date: 7
DEPOSIT PERMIT .
• OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA /J
RECEIVED FROM (%
ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG.
, TASK OPTION ACTIVITY AMOUNTSUB.
CT
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Deposit cs he following items
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CHECKS $
BANK DEPOSITS $
r...y...,.,:':;::_ = :_,,.._...,... ,.�� -.•,��r:...r_:-::'° - _ ;:: ::�'s::_....� FOR AUDITOR CONTROLLER USE ONLY
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ASSIGNED)
The amount of money described above is for Treo' r s r cFl of, an unt is a pf&.ed:i Receipt of abo amount is here
deposit into the Count Tre s r ? .' acknowled e
Po �. Y Y i. /f 9
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Signed Date—LLQ Sgne
Title: .y �s -%'�� EXT. ZS ZZi �.` Deputy County Auditor f Ds u Coun Treasurer
-34 REV.(7-93)
N-, 5K-5 �Y � oRe Caul, CINoy NZIr_E /�%�
Subdivision:
Bond No.: 111417 1417 7
Premium: $1,117.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping, and other related improvements in Subdivision
642.$ as specified in the Subdivision Agreement(Right of Way Landscaping), and
to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: H of.t a+1 n L.a.tcl ��ve f o n.�e� Co.�}Da.t y ,as Principal,and
THE AMERICAN INSURANCE COMPANY ,acorporation organized existing 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 it:
A. Performance and Guarantee: OXef-/u tcrred T e tfy ��7froosa�rl,� o.re H��tca<�ed
Dollars($ /�`7�, /00 °o ) for itself or any city assignee under the above County
Subdivision Agreement,plus
B. Payment: Si Y-+Y e-cq _T oL)sa►t4A 0 t4;/t !-rocked 4 Fi-hLy
Dollars ($ G 8, 7 SO , ) to secure the claims to which reference is made in
Title XV (commencing with Section 3082) of Part 4 of Division III 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 bounded
Principal, his or its 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 is 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.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County (or city assignee) in successfully enforcing such obligation, all to be 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 or labor
thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County (or city assignee) in successfully enforcing such obligation, to be awarded and
.fixed by the court, and 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, so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition 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 subdivision agreement or any plan or specification of said work agreed to by
the Principal and the County shall relieve any Surety from liability on this bond; and consent is
hereby given to make such alteration without further notice to or consent by 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.
SIGNED AND SEALED on September 25, 2001
HOFMANN LAND DEVELOPMENT CO. THE AMERICAN INSURANCE COMPANY
PRINCIPAL: SURETY:
Address: 1380 Galaxy Way Address-One Market Plaza, Sp, r St. To
City: Concora, CA i 94520 City San ranci c CA 94111
By. r : , f cl By: 21'
` A1C b thleen ryan f Atto ey-in-Fact
-Print Name: A • T, S HA Print Name:
Title: PP,e.51D /i Title: Attorney-in-Fact
MW
\\PWS1\SHARDATA\GrpData\EngSvc\Forms\BN WORDTN-12A.doc
Rev.June 17,.1999
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Contra Costa
On September 25, 2001 before me, Sandra Fredrickson, 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.
Witness my hand and official seal
SANDRA FREDRICKSON f
0 COMM.S 1287399 ,
(!j NOTARY PUBLIC-CAUFORNIA
CONTRA COSTA COUNTY 0
COMM.EXP.DEC.16,2004
OPTIONAL
Though the data below is not required by law, it may prove.valuable to persons relying on
the document and could prevent fraudulent reattachment to this form.
CAPACITY CLAIMED BY SIGNER: Attorney-in-Fact
SIGNER IS REPRESENTING: THE AMERICAN INSURANCE
COMPANY