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HomeMy WebLinkAboutMINUTES - 10182005 - C9 C.-9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on OCTOBER 18, 2005 , by the following vote: AYES SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA ABSENT: NONE ABSTAIN: NONE NO: NONE SUBJECT:BJECT: AMENDING SUBDIVISION AGREEMENT 04-08839, MARTINEZ AREA (District II) REASON: POSTPONED INDEFINITELY hereby Certify that this is a true and correct Copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown Attested` OCTOBER 18, 2005 John Sweeten, Clerk of the Board Gf Supervisors and County Administrator By: ,�+E;J��� - "Det Clerk p Y TO: BOARD OF SUPERVISORS. . e, 7 FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: October 18, 2005 SUBJECT: Amending.Subdivision Agreement;Subdivision 04-08839, Martinez area. (District II) SPECIFIC REQUEST{S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION($);, ADOPT Resolution No. 2005/ for Subdivision 04-08839, amending Subdivision Agreement, for project being developed by Davni H Development, LLC,Martinez area. (District II) FISCAL IMPACT None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer has provided a surety bond as security guaranteeing completion of all improvements as required in the subdivision'agreement to substitute the existing cash bond. CONSEQUENCES OF NEGATIVE ACTION: The surety Bond will not replace the cash security and the cash bond will not be refunded. Continued on Attachment: y--" SIGNATURE:: ,4MOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE'S- ACTION OF B7 ON APPROVED AS RECOMMENDED_ OTHER VOT-r-'OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT 1 AYES, NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. JD:rn, G:\GrpData\EngSvc\BO\2005\10-18\SD 04-08839 BO 23.doc originator: Public Works(ES) ATTESTED:-=_ Contact: Rich Lierly(313-2348) JOHN SWEETEN, Clerk.of the Board of Tax I.D.552-13-2960 Supervisors and County Administrator CC. Director of Community Development Public:Works Accounting Construction Engineering Davni It Development,LLC,Attn:David Margen By , Deputy 18 Hillside Court,Berkeley,CA 94704 Indemnity Company of California,Attn:Robin S.Westfalt 2999 Oak Road,Suite 420,Walnut Creek,CA 94597 THE BOARD OF SUPERVISORS OF CONTRA COSTA.COUNTY, CALIFORNIA Adopted this Resolution on October 18, 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RESOLUTION NO, 2005/ SUBJECT: Amending Subdivision Agreement, Subdivision.04-08839,Martinez area.. (District 111) The following substitute security to guarantee the road and drainage improvements as required by Title:,9 of the County Ordinance Code was presented for Board approval this date: Security with Davni IlDevelopment,LLC as principal in the form of a corporate suretybond (Bond No 7203385)dated September 21,2005,and issued by Indemnity Company of California in the amount of$358,875.00 for faithful performance and $181,250.00 for labor and materials. NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement approved by the Board on June 7 2005,is hereby AMENDED to allow substitution of the above-mentioned corporate surety bond in place of the cash security; BE IT FURTHER RESOLVED that the Public Works Director is AUTHORIZED to refund the cash deposit(Auditor's Deposit Permit No.444714,,dated May 19,2005,in the amount of $540,125.00,retaining the$3,625.00 as the;cash deposit equal to one percent of the estimated cast of construction of improvements),plus interest in accordance with Government Code Section 53079,if appropriate, to David S. Margen. All deposit permits are on file with the Public Works Department. I hereby certify that this is a true and correct copy of an 1D:m action taken and entered on the minutes of the Board of 0:\GrpData\Engsvc\Bo\2005\10-18\SD 04-08839 s0-23.doe Supervisors on the date shown. Originator: Public Works(ES) Contact- Slava Gospodchikov(313-2316) Tax I.D.552-13-2960 ATTESTED: ec: Director of Community Development Public Works -Accounting JOHN SWEETEN,Clerk of the Board of Supervisors and -Construction County Administrator -Engineering Dani 11 Devclopment;LLC,Attn:David Margen 18 hillside Court,`'Berkeley,CA 94744 Indemnity Company of California,Ann:Ronin S.Westfall By ,Deputy 2999 Oak Road,Suite 42-0,'Walnut Creek,CA 94597 RESOLUTION NO.2005/ Subdivision; 8839 Bondi No : 7203385 Premium: $7,613.00` IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499- 66499.10) 1. RECITAL QF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the Countyof Contra Costa to install and pay for street, drainage ,.and other improvements:in Subdivision 8839 , as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and'rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBLIGATION: Devni II Development, LLC (A CA Limited Liability Company)' asprincipaland Indemnity Company of California , 'a corporation organized and; existing under the laws of the State of California 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 as follows: A. Performance and Guarantee: Three hundred fifty eight thousand eight hundred seventy five Dollars(S 358.8 75.00 )for Contra Costa County or any city assignee under the above County Subdivision Agreement, B. Payment: One hundred eiszhty ;one thousand two hundred fifty Dollars (S-181,250.00 )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 bonded principal, or principal's heirs,executors,administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perforin the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided; on it or its part, to be kept and p erformed at the time and in the manner therein specified and in all respects'according to their true intens 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 fall force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there: shall be included'reasonable costs, expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, all to be taxed as casts and included in any judgement rendered. STATE OF California SS. COUNTY OF Contra Costa On September 21,2005 before me, Gregory M. Pribyl,Notary Public PERSONALLYAPPEAR.EU Robin S.Westfall persnmally ky own to ine(or proved to me on the basis"of sati#f cton evidence)to he the personl)'whose name(l.is/aw.subscribed to the within instrument and acknowledged to me that im!shelamy executed the same in446,11rer/tim4-authorized capacity(ies),and that bylrislher/*eir GRE 9 signature,t4 on the instrument the person(>t,or the entity upon behalf Commission M.P3BYL � (:ommissian#1365140 of which the person anted, executed the instrument. z I Notary public-California Go""costa County WTfRrESS m) hand and o cial seal. My Comm.Dpirw&Q 15,2006 Signature Gregory M.Pribyl,No ry T ltis'rrrea for Official Notarial Seal 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 Bond#7203385 TITLE OF TYPE OF DOCUMENT' ❑ PARTNER(S) ❑ LIMITED GENERAL 2 ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: September 21,2005 DATE OF DOCUMENT SIGNER IS REPRESENTING` NAME OF PERSON(S)OR ENTITY(IES) Indemnity Company of California David S.Margen SIGNERS OTHER THAN NAMED ABOVE ID-1232(REV.slab ALL-PURPOSE ACKNOWLEDGEMENT 4�1C DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program tender which the Federal Government will share in the payment of coveredlosses caused by certain events of international terrorism. The Act requires that we Notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under'this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism,as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed$5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of$100 billion for which the Federal Government or an insurer can be responsible. Participation in the grogram is mandatory for specified limes of property and casualty insurance, including surety insurance. The Act does not, however, create'coverage in excess of the amount of the bond, nor does it provide coverage',for any losses that are otherwise excluded by the terms of the bund, or by operation of lacy. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suits 200 Irvine,GA 82614 (949)263 3300: www.inscoOlco.com ID-1496(Rev.5103) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,1,IRVINE,CA 92623 (944)263-3300, KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited;DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Robin S. Westfall', Gregory M. Pribyl, Daniel Livsey, Stephen G. Roddie,jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorncy(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confinncd. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings acid contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attomcy: RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power ofAttomcy or ccrtificatc bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of February,2005: (��By: .....uas.#p. David H.Rhodes,Executive Vice-President �tij�••ANfJ%,j% ., �O�ptPO Y�fi VLP0Rq ,'� bP R,q OCTOCT.5 n w 1967 0 Walter A.Crowell,Secretary "•.+"s�y� �}p 4/POEN STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On February 1,2005,before tile,Nita G.Hiffmcycr,personally appeared DavidH.Rhodes and Walter A.Crowell,personally known tome(or proved' to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. NITA G.HIFFMEYER r COMM.#1543-0i31 NOT4iRY PUBUC CALIFORNIA Signature ��_ �Y7 ORANGE COUNTY ' My comm,expires Jan.lit,2009 CERTIFICATE The undersigned,as Executive Vice-President,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power'of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards ofDirectors'of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 21st day of September 2005 a By { David L.Kerrigan,Executive Vicc-President J-- ID-I380(Rev.2105) CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF CONTRA COSTA OnSDI) a.ZZ before me, USA A. DALZIEL, Notary Public, personally' appeared ❑ Personally known to me %5Z Proved to me on the basis of satisfactory evidence To be the, person( i whose name( 6isi) subscribed to the within instrument and acknowledged to me that heJtiey executed the same in is /' r authorized capacity(i , and that by his /their signature on the instrument the person or the en ity upon behalf of which the person(} acted, executed the instrument. - - - - - - i ISIgr SS my hand d official seal t LISA A.oALZIEL i ; Commission# 1377110 Notary Public - California ! Contra Costa County ' f Notary ublic My Comm.Expires Sep 28,2006 i ; ........................................