HomeMy WebLinkAboutMINUTES - 01152002 - C.14 L.
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 15, 2002,by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Glover and Gioia
DUES: Done
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2002/ 12
SUBJECT: Approval of Drainage Improvement Agreement for Water Quality Pond 3/4, DA
0047(cross-reference Subdivision 7976),being developed by Windemere BLC Land
Company, LLC,Dougherty Valley area. (District III)
The following document was presented for Board approval for Water Quality Pond 3/4,
drainage improvement agreement file DA 0007 (Subdivision 7976) property located in the
Dougherty Valley area, Supervisorial District 111.
A Drainage Improvement Agreement with Windemere BLC Land Company,LLC,principal,
whereby said principal 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 security to guarantee the completion of drainage
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
Originator. Public wore(PS) on the date shown.
Contact: Teri Ric(313-2363)
G:\GrpDataT—,lgsvcVBO\20011Temp\DA 0007 BO 15.doc
cc:
cc: Pubic Works- R.Bruno,Corrsmxction ATTESTED: January 15, 2002
Current Planning,Community Development JOHN SWEE"T"EN, Clerk of the Board of Supervisors and
T—11-15-02(P1)
Windemere BLC,LLC County Administrator
3130 Crow Canyon Place,#310
San Ramon,CA 94583
The American Insurance Company
5 Peters Canyon
Irvine,CA 92606 By _` ,Deputy
RESOLUTION NO.2002/ 12
SUBJECT. Approval of Drainage Improvement Agreement for hater Quality Pond 3/4, DA
0007(cross-reference Subdivision 7976),being developed by Windesnere BLC Land
Company,LLC,Dougherty Valley area. (District III)
DATE: January 15, 2002
PAGE: 2
I. Cash Bond
Performance Amount: $4,500.00
Auditor's Deposit Permit No. DP 379205 Date: December 24, 2001
Submitted by: Windemere BLC Land Company, LLC
Taxpayer identification number: 94-329-15-16
H. Surety Bund
Band Company: The American Insurance Company
Bond Number and Date: 11133599362,December 19, 2001
Performance Amount: $448,500.00
Labor&Materials Amount: 226,500.00
Principal: Windemere BLC Land Company, LLC
NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2002/12
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3. CORITWW'
A. The Condition of this obligation as to Soction 2.(A) above is such that if t e above bounded
Principal,his or its heirs, exwtttors,a istratats,sun emrs or assigns. shall in all things stand
to and abide by,and well and truly keep and perform the coverts,conditions and provisions in the
said agreement and any alteration thereof made as thin provided,can is or its part,to be kept and
performed at the time and in the manner therein spccifiZ4 and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assiptee), its off tem,ag=o and etuploye es,as therein stipulated,than chis obligad:on shall become
null and void; othc rwise it sW be and remain in full force and of ecL
As part of the obligation secured hereby and iu addition ua the face am O=t specified therefouc,Thm
shaU be included costs and reawtiable eVensm and fees, including reasonable attorney's fees,
incurred by County(or city asssgraee)in mmaufuny Wforcmg such obligation, all to be toed as
costs and included in arny judgement rendered.
above is suah that said a1 and the
$. I'b.e c�oYuiitioa of this obligation as m Srctiott 2-(13) p`�P'
undamped as corporals surety aro held firmly bound unto the County of+Co=Casts and all
convacuus,subcontractors,laborer mauxial==and other pamons employed in the performance
of ft afbrmaid speemr&and refereed to in the afatesaid Civil Code for materials ft uisbod cc labor
tmon ofany kistd,or for atnotrtts clue under the Unemployawnt houance A+ct with respect to such
work or labor,that said,surety will pay the same in an am=t not excel the amount herein
above set forth, and also its case suit is brought upon this both'wU1 pay, is addition to tho fact
amcatmt thereof= costs and able acs and fees„ including reasonable attorney's fees,
incurredTey Country(or city asstg )is suwA"fuUy enforiug such ob17pd=6 to be awarded and
fixed by the court,and to be=,ad as costs and to be-included in the judge at thy:rr:rudear.+ed. . .
It is bereby expt y stipulated and speed*a this board shall j=e to the befit of aa+.y an all
pis,companies and c ara*w eafitled to file claims under Tiff 15 with Section
3092)of Put 4 of Divk cn 3 of the Civil Code,so as to give a ri,&of action to am or their assips
iu any writ braugU upon this bond.
Should the conditiou of this bond Net AMy perftmud thm this obligation shall becom null and void,
otherwise it sbali be and remaut in W1 force and effect_
C. No alt+axion of said subdivision IW=muut ar my plan or specification of said work Agrec'rd to by
tlu principal anti the County shall relieve any Surety from.liability an this branch and_cortset3t is
hereby given to make st alteration without further notice to or consent by Surety; and the Strout
hrxeby waives then pxovisicros of Cslifomia Civil Code Swdon 2919,and holds itsclfbcautul without
regard to and itideptlY sof any action s � ' 'cipal whenever taken.
iq
December .13', 2001
�ia''.sa�tlt"! dt�C�?s,�T"D on .
WINDEMERE BL, `` IOVAI ', LLC CSETY.T B AMERICAN INSURANCE COMPANY
P11NCtP; B Connor R m s of Cali oxnia, Inc.
i s m r ~., j
$ M
$y atric�a Bre nor, ttorney--in- `act
awrence omp�on ice President � Peters Canyon 3130 Crow Canyon P . , #310 Irvine, CA 92606
M San Ramon, CA 94583
�+�,vctiPor��BrI�-iC.doe
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange,
On December 19, 2001 before me, S. McDonald, Notary Public, personally
appeared Lawrence H. Thom son, 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.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying an the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING:
Corporate Officer— Vice President Lennar Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Bond No. 111 3559 9382
Number of Pages: Two 2)
Date of Document: December 19 2001
Signers (other than those named above): Patricia Brebner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No,8907
Mate of California
County of Change
On December 18, 2001 before me, Alexis H.Bryan,Notary Public
DATE NAME.,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia Brebner
NAMES)OF SIGNER(S)
personally known to me-OR- proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ieS), and that by his/herltheir
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
r K SRYAN
4 z, r s;a> yea WITNESS my hand and official Seal.
i 2a aN_ttvy F 3i f 43 y jtF { t t g L
SIGNATURE OF N ftY
s
m
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 of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
[� CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
Q
PARTNER(S)
LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
�] GUARDIANICONSERVATOR NUMBER OF PANES
OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTrt YOES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-40671GEEF 2198 01998 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Sox 7184-Canoga Park,CA 91309-7184
' FIREMAN'S FM INSURANCE COMPANY
NATIONAL SURETY CORPORATION
ASSOCIATED
INDEi M CORPORATION
tTIE AM RI�i INSURANCE COMPANY
AMERICAN AUTOM#B INSURANCE CE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY TMESE PRESENTS: That FIREMAN'S FUND INSURANCE CONWANY, a California corporation, NATIONAL
SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COWAbM a New Jersey corporation rexdomesticatexd in
Nebraska., ASSOCIATED INDEMNITY CORPORA11ON, a California corporation, and AMERICAN AUTOMOBILE INSURANCE
COMPANY,a Missouri corporation,therein collectively called"the Companies")does each hereby appoint. Patricia Brebner
6f Costa Mesa:, CA
their true and lawful Attorney{s}-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, scat,
acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof--- ------------
azul to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the
CortiMies and duly attested by the Companies'Secretary,hereby ratifying and cmftrming all that then said Attomey(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 each of the Companies which provisions are now
in full force and effect.
This power of attorney is signed and sealed under the authority of the following R.esoiutioq adopted by the Board of Directors of each of the
Companies at a meeting duly called and held,or by written consent,on the 19th clay of March, 1995,and said Resolution has not been amended
or repeated:
'SOLVED,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."
IN WITNESS WTI REOF,the Companies have caused these presents to be si ed by their Vice-President,and their corporate seats to be hereunto
affixed this 30 day of January 90
WE FIREMAN'S FUND INSURANCE COWANY
X„ NATIONAL SURETY CORPORATION
oTETE AMERRIICAN INSU ANC E COMPANY
ASSOCLAM INDEMNITY CORPORATION
AMERIC AU`1 JMOBILE INSURANCE COMPANY
STATE OF CALIFORNIASS. By � '' 4
COUNTY OF MA]N
Cktthis3 Q day of January 2 0€)1,before me personally carne Bann R. Kolbeck
to lite known,who,being by me duly sworn,did depose and say:that he is a Vice-President of each company,described in and which executed
the alcove instrument;that he knows the seals of tete said Companies;that the seals affixed to the said instrument are such company seals;that
they were,so affixed by ruder of the Board of Directors of said companies and that he signed his nacre thereto by litre order.
IN WTINESS V4 EREOF,I have hereunto set my hand and affixed tray official seat, the day and year herein first above written.
�. KRISTIN A.GAzZtDU
0 COMM.01201231 10
(L MAN• rxssMt PUauc_c.&.i�u
N cc vrr &
< ►,ty coram.awk-
STATE OF CALIFORNIA SS CEItTTI.+TCAICTE td
COUNTY OF MARIN
I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF
ATTORNEY remains in full force and has not been revoked,and furthermore that Article VII of the By-laws of each company,and the Resolution
of the Board of Directors;set forth in the Power of Attorney,are now in force.
Signed and sealed at the County of Marin. Dated the 18th day of December 20101
M
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DRAMA-9E=&Q-)MhMNT A M f VST d�
Subdivision: DA 0007!cross reference Subdivision M0 Effective Date: + "`
Developer: �` "' ,. Completion Period: I year
DEYELC3P WINDFMERE BLC LAND COMPANY LLC,
A California limited liability company
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETC By:LEN-OBS Windemere,LLC:,
A Delaware limited liability company
C:QNMA COSTA COUNTY Managing Member
Maurice M.Shiu,Public Warks Director By:Lennar Homes of California,Inc.,
a s r*Tft m,corporation
# a ing
(Prw Now and Titk)
FOR AE1'R{��AL Richard Peterson Vice President
By. (sem)
Ens9kirr9tervices Division (Print Nacre and Title)
Don Larson Chief Financial Officer
FQ M APPROVED: Victor J.Westman,County Counsel
(NCYfE: All signattaxs to be aokmwUcdged.If Ikvelaper is irtcurpotatcd,signatures must
conform with the designated tepresemative troops punuant to Corpomfions CodeS313.)
I. PAR IES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called" un "and the above-named
Q=lo mutually promise and agree as follows concerning this acceptance:
2. VEMEN"f .Developer agrees to install certain off-tract drainage improvements 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).
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. I R,QMENT SEC C TY.Upon executing this Agreement,the Developer shall provide as security to the County:
A. Por Perf_orpa&r4ce and Guapnte: $44"0.00 cash,plus additional security,in the amount of$44 ,500.00 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 cashier's 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 Pavtnent: Security in the amount of$226.50Q.0Q,which is fifty percent(50°10)of the estimated cost of the work.Such security Is
presented in the form of
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.Capon acceptance ofthe work as complete by the Board ofSupervisors and upon request of the Developer,
the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.408 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.
5. IMPROVEMENT PLAN 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.
6. 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 ofhis 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.
7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities 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 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 indemnity has
prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity.
g. COTS. Developer shall pay when due,all the costs of the work,including inspections thereofand relocating existing utilities required thereby.
9. 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.
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 proceeds to complete 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.
10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign
to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights.
WI-lad
G:1GrpData\EngSvc\Warren12001\Decentmr\DA 0007 AG-37.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
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Names,ai Signos{s}
[personally known to me—O _❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)is/are subscribed to the within instrument
and acknowledged to me that he/84e/they executed the
WN same in Ns/f r/their authorized capacity(les), and that by
4ist4w/their signature(s) on the instrument the person s
4Ct3MtR. 131582
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or the entity upon behalf of which the person(s) acted,
3 NOTARY PUBLIC-CALTORNCA� �r
CONTRA COSTA COUN executed the instrument.
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COMM.�XP..I�ULY 16,2005
WITNESS my hnd official seal,
MAI
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Signature o!Notary?ub%fc �
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OPTIONAL Yks
'rhough the information below isnot 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(s)
!
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
-.7 Corporate Officer El Corporate Officer
Title(s); Title(s):
f ❑ Partner---❑ Limited ❑ General ❑ Partner--❑ Limited ❑ General
:g ❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trusteet y E. Trustee
{ ❑ Guardian or Conservator ❑ Guardian or Conservator f;
❑ Other: Top of thumb Y;ere 1 ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
?955 4atioraf Notary dssac#anon+f 236 Rom rs[Aue.,P.(7.Box 7i$4•Canoga Park,CA 91309-7!6A Prod.Na.5807 F Border:Calf 7oi#- rea 1-800-876-6827