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HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-022 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 14, 1997 by the following vote: 0 .13 AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN': None RESOLUTION NOI�� SUBJECT: Approval of the Road Improvement Agreement for DP 3004-95, Danville area. The following document was presented for Board approval this date for Development Permit 3004-95, property located in the Danville area. A Road Improvement Agreement with Dame Construction Company,'Inc., developer, whereby said developer agrees to complete all improvements as required in said Road Improvement Agreement within one year from the date of said agreement. Improvements generally consist of constructing a cul-de-sac bulb at the end of Fleetwood Road. Said document was accompanied by the following: Security to guarantee the completion of road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: a. Cash deposit (Auditor's Deposit Permit No. 287061, dated November 27, 1996) in the amount of$1,000, made by Dame Construction Company, Inc. b. Additional security in the form of,a corporate surety bond dated November 22, 1996, and issued by Reliance Insurance Company(Bond No. 82419447) with Dame Construction Company, Inc., as principal, in the amount of $16,700 for faithful performance and $8,850 for labor and materials. All deposit permits are on file with the Public Works Department. NOW TBEREFORE BE IT RESOLVED,that said Road Improvement Agreement is APPROVED. I MMby M*"M this Is&M afA M Id OM Of flogrd on gaw skiin AM oftw" on the m"M 41 9j iguparwisw an"data vov^ tlw 1007, laml,pATOHILCA Clark of the be" RL:KF:mw Of supsmam w4 Uuniv Atiminiotraw g,langavoVnibo•14.t1 '~ Originator:Public Works(53) Contacu Rich Liarly(313-2349) cc, Director ofCommunity Development Public Works-IL Bruno,CorwUuWon Dame Construction Compuw,I= 2070 San Rmnan'Vallay Blvd.,San Ramon,CA 94583 KaWsan Bryant,Reliance Insurance Cwnpany 530 California Street,01300,San Francisco,CA 94104 T-November 14,1997(N) BO File-SUB 7279 ROAD IMPRO .MENI AQREE,MENT Developer: Dame' Construction Co. , Inc. nua � t 1 Development: DP 3.004 '95 Completion Period: 1 Year Road: Fleetwood Road TBESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONT_R_A COSTA COCl= I7� : (Name and Title) 1.Micheal Walford Public Works Director By: (pmt name a.tide) RECOIL %1A T: Carl D. Dame' President and ,Chief Financial Officer By: (signaNro) n nee. ces Division {print nuae t dtk) �ji APVictor 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 5313.) 1. PAR j7ES&DATE. Effective on the above date,the County of Contra Cc"California,hereinafter called"County."and the abovo-mentionod Dayglo2g mutually promise and agree as follows concerning this development: 2. IMPROV'EMMiTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fun hydrant%landscapin&and such other improvements(including appurtenant equipment)as required in the improvement plans for this development 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. IMPROVEMENTS , Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $-1 t 000.00 cash,plus additional security,in the amount of$ 16,100.00 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. i B. For PayMogt: Security in the amount of$ 8,850.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presen ad 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. 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 S94-4.406 and 594.4.408 of the Ordinance Code. i I 1 -PURPOSE tit\\\rr✓�Y� ALIFORN State of to OPTIONAL SECTION V County of tidy, :r x L2; Z - CAPACITY CtAIMEG BY SIGNER ��13jr � TtwuBh statute dOii nal requiro Uo Notary to ion ` La.W iar'1+ III In tho data below.Itoing so may prow 111• valuaWs to plwrsons Mylrly on tlu docta�t. personally appeared ®INDIVIDUAL 0 CORPORATE OFFICER(S) nsiiy known to me-OR-0 provided to me on the basis of satisfactory encs to be the person*whose name(44 Wwo nTLGM subscribed to the within instrument and C7 PARTNER(S) C7 UM(TED acknowledged to me that h D GENERAL WCA L BROWN �ecuted tie eame in his�rt++ ard ATTORNEY4N- ACT omrn. authorized capadty(i"),and that by p TRUSTEES) mm..lC. h signsture*on the 0 GUARDUtMCONSERVATOR PA QOWA instrument the persona)or the entity0 OTHER' l. s r,4 7, ,,,1 upon behalf of which the person(*) Wed,executed the instrument, WCTNESS my hand and official seal, SIGNER IS REPRESENTING: ���� a+attwraiso�oasm THIS CERTIFICATE MUST BE ATTACHED OPTIONAL SECTION TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER($)OTHER THAN NAMED ABOVE Rr�gww►wiwW Y�ww"wyatwM ��MMMMM iwiMW iN§TRUON§TONTARY 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. L FOR ALL r 9S -The name and Interest of the signer should be typed or printed DEATH the signature. The name must be signedexactly as it Is typed or printed. II. The name must be signed exactly as it is printed or typed. The signer`s Interest In the property muse stated. III. S-Signing party must be either a general-partner or be authorized In writing to have tne autnonty to sign for and txnae partnership. IV. _ Documentss �'� ►ib Do signedy two o eers,one from each of the following two groups: GROUP 1. a The Chair of the Board b The President C Any Vice-Presldent GROUP 2. a The Secretary b An nt Secretary C The Chief Financial Officer The Assistant Treasurer If signs# res 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,01rectors 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". I � `i sEond B2419447 .. Pre ium: $418.04 IMPRtpYSKIWT 31WAITY 9090 FOR AQAO INPROVIMIXT ACRR'AM EXT { ort ; (faithful porformenea I maintenance, AM tsbor4tw �iuterlats), 1. osttoA,,�toMi. DAM' CONSTRUCTION CO., INC. j , � , ar Prinoi,,pat, and RELIANCE, INSURANCE,COMPANY j'; ' i a tarpoaa#Non orsanlr4d k and"ox.isti."I und*r­ths tows of tb• !tats of PENNSYLVANIA 1 V suthcrfa#4 tw trosact surety busi"nwas; in Catifornip,. as Surety, hersby JoiniTy s+v;ra� `�bi�rsetvsr, our hairs, execuearo, edarl'niatrstere,,auosst tors snd.osslsns to tho County of contra C4�`*, 44t1 ornt& to pay itl A. ' Faithful Pirforsettwo, and UsIntarianee : BZXT;EN. T3CUSAID SPVEIHUNDRED AND NO 100--- --- . . 00rhr YaraoC16 700. for tae ,or any t + a oTe td Roa sprov"sen Aorsom%, —__— — 1 us iF"." Labor.and aiateria'le ! � i ' EIGHT THOUSAND EIGHT., HUNDRED FIFTY AND NOI1,00----�� Oo4trra {S8,,850.00----------,y or t o ber~ef t o pores" protosta u er tta 1 at ssq,..) of the California C,tv Cads. IffellAY. "Thi prir►cf ,st contract �4�th the county inatrtt and pay for street, drsinaSe,: and of *04"I aents•lrr D OPMENT DP 004--95 as opwiffed. in,tho load Improvement ASratcent, and to eoarpiets;4old, wort withirp, the 't aw apac fir . in the Reed I,��ppravmmint 'Sreomeo t "for sea�p110 on, all in accordance. With 'Stat* and 'locait tries tnd ratings thew+eUridar ';!n o�drr, to aattsfj+ the t�nditipns 0 approve t. for zkllm- if 0e, principal fotthfti.l`y performs sit things r+rgWrod` of .htsi. according to the terms end corWtTaris of a,fid. trorftratst .and fatiprevw+asnt plan and by hi■,and the. County," then this 'obtlietfam. as . to. tsstton 1:1.A. above . shat l become null e0 that the yustAntes of maintenance contlnuae- for- the oe►i+year period; and if he fully PWstha.;as+ntrseterr,' suboantraetors,. and persons r,ontins , os7�uuip�aett, or fuinishims talar or materials "to,..thom fob satd sort and lagw,,iwsaient, and pprotartts that ttrgssisoa tram c.tsisas of .such' tions; then this obi#Ratien a• to. Section 1.1. :above shalt" bocomf nutt and Void; otheraisa.,this obtisatfon remalnS In full fade and offict. No .attoration 'of said ec"traat o� arly'plans'or specificationsof aid.rork,sS'reed to'by the princi�s i and thaw County shatl;•rottevo any Stirity frac liability on this bend;' rid consent, is hereby Liven.to,aakp SVA alterations VIthout.furtkar notiCie. to, Or, camsent by surety, ,and thf;Surtty hrrsby-wetvie the provialons, of Cat i f'or►nia :Civi 4 Cods 1200, pr+d� hotdi. itself bound without rssf}d to.clad,IrW4WndanttY of any aetlaq . asalnst ►rtnaipai whenever talo",; and street!that if County"suet on this bored,. Surety will pay reasonable attorney foot fTk#d by court to bi taxed sa costs and included in the J+940t. lXiTO Ai#i!_ RJ4L>!tJ eft Noeenber 22, 1996 TRUCTION CO..; INC. " j IANq/'-INSURANCE ANY DAME' CONS ��•t 1~R.L,.. r n rnr.rn n ., jn.�un rn.�.+.w.....ma.rn..nrw rr®,r� - Vy Kat le ant, Attortzey—:Ln act hr �+. irrr• irnr .uu.. �wwr+nr...w+ir St. ,"r ae 580, CaZif6rnia 00 San ,Franctsco,a CA' 94104 t rwlMr....s..Y. u...nin.rr.l F rrrw.rr .wlrryl�mr.1� ■ +rtflOwwr�. ri..iirYi+.rii+i•f4i.ri."Y+w wiyiiiF riwr>wi.Y+.M1'.if.wr�.rYr s..+Y .• r .r r r r � r r . i � I CALIFORNIA ALL-PURPOSE .vKNO'WLEDGMENT No,5907 State of California County of Contra Costa On 11/22/96 before me, SLTZANM JOSLYN r DATE NAME,TITLE OF OFFICER•E.G„"JANE DOE,NOTARY PUBLIC" personally appeared __-- KATHLEEN REMN(` , NAME(S)OF SIGNERS) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(x) whose name(z) is/mm subscribed to the within instrument and ac- knowledged to me thatheX%> executed the same in Ina/her/ authorized capacity , and that by 23bdher1kxkx signature(a) on the instrument the person(a), w SUZANNE JO LYNN Comm. #1010484 or the entity upon behalf of which the NOTARY PUBLIC-CALIFORNIA person(s) acted, executed the instrument. CONTRA COSTA COU14M •; My Comm.Expires Ap H 23.1998 WI ESS my han d official seal. SIGNATURE OF k07 RY OPTIONA 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(S) TITLE OR TYPE OF DOCUMENT PARTNER(s) ❑ LIMITED ❑ GENERAL ® A770FINEY•IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER, r DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) RELIANCE INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE 01893 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 , r ea • e - r : -• e a RELIANCESURL'I``Sl"COMPANY RELIANCE INSLMA,NCE COMYANY UNITED PACIFIC IN C .CQMPAN RELIANCE NATIONAL INDEM NTTY CONTAN9i' ADMINiSTRATIVE.QFFICE, RHILADELPHIA,PENNSYLVANIA POVM OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Dei- aware, and that RELIANCE INSURANCE'COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies").and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Kathleen Bryant, f C oorroord, Colt#ornia their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and died any and all bonds,and undertakings of suretyship and to bind the Companies thereby as fully and to the some extent as If such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(a)-I n-Fa ct may do in pursuance hereof, This Power of Attorney Is granted under and by the authority of Article Vil of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now In full force and.effect .reading as follows: ARTICLE VII•EXECUTION OF BONDS AND UNDERTAKINGS 1, The Bosrd'Af Okobfora,the President,the Chairman of the Board,env Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shelf hove power and authority to.(id Swint Attdrnflyiell-k)-Foot and to suttwriss thorn to execute on behalf of the Company,bonds and undertakings,recognisances,contcsots of Indemnity sod other writings obligatory in the nature thereof,and tb)to'remova any such Attornoy(s)-in-Flat at any time and revoke the power end authority given to them. 2, Attorney(oldn•Fsot*halt have power and authority,subject to the terms and lirnitiroons of the Power of Attorney Issued to then, to exsouto deliver on behalf of the Company,bonds and undertakings,rocognitancoa,Contracts of Indsme ty and other'writings obNgatory in the nature thereof, The corporals seal is not necessary for the validity of any bonds and vndwtokings, r•aognllana#«adtltrrtrou of(tWarttntty and.Ether writtrsgsoW3pat0ey it-,the ria"ihar+tof;;. 3. AttorMy{s)-In-Fitt shelf have power and authority to exaoute affidavits required to be attachod.to blends,recognisances, contracts of indemnity or other conditional or obligatory undertakings and they shall also hays power and.auttnorfty to certify the financial statement of the Company and to copies of the Sy-Lawe of the Company or say article or section thereof. This Power of Attorney is signed and asalad by facslmll under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insurance Company and Reliance National IndeirnnitV Company by unanimous Consent datod<.as of February as, 1994 and by the Executive and Financial Committee of the Board of Dirsotots of Reilerica Surety Compww by UnaMmoua Consent dated as of Murch 31,1994, "Rsaoivad.that the signatures of such directors and officars and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimks.and any such Power of Attorney of oartifloats bluing such facaimAs signeturso or facsimile asai'shalt bs valid and binding upon the Company and any such Power to executed and cwtiffed by facsimile signatures and foosimils seal shag be valid end binding upon the Company,in the future with respect to any bond or undertaking to which it Is attached,' IN WITNESS WHEREOF,'the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this July 19, 1998. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY e+e"'4rt+at RELIANCE NATIONAL INDEMNITY COMPANY .. #VAS + #11ir1L j + rias, +,r�#' LJ � '•`?.. ,a,N i rlli ff 'i'} STATE OF Washington } ,COUNTY OF King On this, July 19, 1996, before me, Janet Siankley, personally appeared Mark W. Alsup, who acknowledged himself to be the Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific insurance Company, and Reliance National Indemnity Company and that as such, being.authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the.name of thi corporation'by..himself sat Its dulyauthorized officer. In witness whereof; I hereunto set my handl and'official steal, )TARP'* c iSllBliC + `t WJtSK�t' NotarA Public In andor the State of;Washington Realdiv at Puyallup 1, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY, and �,ELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney4xiscuted by said.Companies,which is.still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 22nd day of November 1996 Assistant Secretary EA' 8 r.wr�i '►ir!* �y �"� State of A26 OPTIONALSECTION countyat ,n C,r�. „,• w CAPACITY CLAIMED BY SIGNER On 1 c before me, `� xit,v Though statute doss not require the Notary to ilii in the data below,doing so rosy prove in. valuable to persons retying on the docun vL Personally appeared d INDIVIDUAL _ �s t�""personslly known to me-OR-0 provided to me on the basis of satisfactory 0 CORPORATE OFFICER(S) evidence to be the person(s)whose names}istare subscribed to the within Instrument and C1 PARTNER($) D LIMtTI o acknowledWEGAROL� BROWN ed nth°e"me in n errAat he `� d�c��NERAr.ITirttw authorized caapacity{Ies},and that by d3 ATTC)RNEY-tN-FACT MIrC- his/her/their signature(*)on the TRUSTEE(S) CONTRA cost'A COIN" instrument the person(s)or the entity ®GUARDLAWCONSERVATOR Awt tt,telt upon behalf of which the person(s) ©OTHER acted,executed the instrument WITNESS my hand and official seal, SIGNER is REPRESENTING: WK4 OF P03044 Olt own"O" G' yw PART OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PANES DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED AyBOVE T!"rwh M rYYMW 4adw�irli�rYr, W Nw�rMr►wlrW MYwwu wb4wl rnM � iwwnwtnni6L' Mn, 1612MIJ006 IQ NQMRY The following information is provided In an effort to expedite processing of the documents. Signature*required on documents must comply with following to be acceptable to Contra Costa County, 1. FORALL I =aES -The name and interest of the signer should be typed or printed QQJgM the signature. The name mu "nod exactly as it Is typed or printed. II. _ Q MIML The name must be signed exactly as it is printed or typed. The signer's Interest In the property must s Ill. §IGNMBPS MR EMU CR§UIPS-SIgning party must be either a general partner or be authorized In wddn to have Ule aumomy w sQnor and.Dinae partnership. IV. SIGNATUBE§ FOR CORPORATIONS uocuments,snoulo c3e signed by two officers,one from each of the fallowing two groups: GROUP 1. a The Chair of the Board b The President c Any Vice-President GROUP 2. a The Secretary jb An Assistant Secretary c The Chief Financial officer 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 Irectors authorizing the person signing the Instrument to execute Instruments of the type In question Is required. A currently iralid power of attorney, notarized,will suffice. Notarization of only one corporate;nature 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". � I r z "Request to Speak Form I ( THREE (3) MINUTE LIMIT) Compete thb form end place ft In the box near the WeaheW rostrum before addrng the Board. Nwne e - , 1 aim WeaWns for my el or anizadwo., #row of 71 wIh to weak on Agenda Item #LL3 ..� lW1ycaanRrerrts w11t be: general ,r.....for ,.,w1eiK..�.w ._• 1 to � a to sA*1 rrr�rrinn•w�n�nwwwr�w��r.w+w�nwwi�— 1 do not wbh to Veak but leave Owe cornu mita for the #mord Jill ' ► L��i ir. .rr�rramww.wr.��r.n�r..+mr.r.ar.r�.. �_i i �