HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-286 THE BOARD OF SUPERVISORS OF CONTRA. COSTA COUNTY, CALIFORNIA
Adopted this Order on June 6, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 2000/286
SUBJECT: Approval of Road Improvement Agreement for Chesley Avenue, 7th Street, Grove
Avenue, 6th Street and Market Avenue, Land Use Permit 982018, North Richmond
area.
The following document was presented for Board approval this date for,property located in
the North Richmond area.
A Road Improvement Agreement with Mark R. Howe and Susan P. Howe, 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 curb, sidewalk, and pavement widening for Land Use Permit 982018 frontage
improvements.
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:
I. Cash Deposit
Deposit Amount: $1,300.00
Deposit made by: MSH Management, Tax ID#549-27-5172
Auditor's Deposit Permit No. and Date: 345309, dated February 15, 2000
II. Surety Bond
Bond Company: Colonial American Casualty and Surety Company
Bond Number and Date: 08170069, dated September 2, 1999
Performance Amount: $131,300.00
Labor& Materials Amount: $131,300.00
Principal: Amigo Bag &Lining Company
NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
:kw I hereby certify that this is a true and correct copy of an action taken and entered on
G:\GrpDatalEngSve\BO\2000\BO 6.06-oo.doc the minutes of the Board of Supervisors on the date shown.
Originator: Public Works(ES)
Contact: Rich Lierly(313-2348)
cc: Pubic Works- R.Bruno,Construction
JUNE 2000
Current Planning,Community Development ATTESTED: f
T-5/6/2001(Pl) PEAL BATCHELOR,Clerk of the Board of Supervisors and County Administrator
Mark and Susan Howe
801 Chesley Ave.,Richmond CA 94801-2135
Colonial American Casualty and Surety Company
33 Rock Hill Road,Bala Cynwyd,PA 19004 By Deputy
ROAD IMPRO3FMENT Ata R MENT 1
Developer: j Effective nate:
Development: Land Use Permit 98-2018 Completion Period: 1 year
Road: Chesley Avenue,V Street,Grove Avenue,6*Street,and
Market Avenue
THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO:
CO NIRA COSTA CQUEa DEVEELLQP R�
Public Works Director
t1 r» C vsr t t tv
By:
Mark Howe,President
By:
gineering Services Division
Victor J.Westlman,County Counsel
(NOTE: lilt signatures to be aclosawledpd. If Subdivider is imomotated,signawrcs must
conform with the designated representative groups pursuant to Corprmdons Code S313.)
I. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned
peyeloner mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer 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 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, 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: $1,300.00 cash,plus additional security,in the amount of$,131_1W.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.
_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.
i 31,500100 100 100-0
B. For Payvrngn : Security in the amount of S 66,9 86.09,which is percent(6")of the estimated cost of the work. Such security is
presented in the form of:
Cash,certified check,or cashiers 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 materials to them or to the Developer.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 S94-4.408 of the Ordinance Code.
4. OIJAR NTEE AND WARRANTY OF WOKE. Developer guarantees that said work shalt 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. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
CALIFORNIA ALL-PURPOSE ACKNO'WLEDGEMEN'T
State of Z #" rn OPTIONAL SECTION
County ofCAPACITY CLAIMED BY SIGNER
On 1 before me, - Vii 1 Ie., Though statute does not require the Notary to fill
'DATE &NAME,TITLE OF FICER .G.,-]ANE DOE,fOTARY PUBLIC" in the data below,doing so may prove invaluable
personally appeared marl,__ — to persons relying on the document.
/' NAME(S)OF SIGNEP(S) INDIVIDUAL
personally known to me-OR-.kl provided to me on the basis of satisfactory evidence to CORPORATE OFFICERS)
be the person(s)whose name(s)is/am TITLE(S)
— � subscribed to the within instrument and
acknowledged to iris that fie/she/they executed PARTNER(S) LIMITED
P. GARCIA-VAZQUEZ the same in his/her/their authorized GENERAL
C.ixnmtwon�1242964 capacity(ies),and that by his/her/their ATTORNEY-IN-FACT
N0t0V Public-Cailfornk:l I signature(s)on the instrument the person(s)or TRUSTEE(S)
Cdtltra�Costa County r the entity upon behalf of which the person(s) GUARDIAN/CONSERVATOR
acted,executed the instrument.
�+yC.txnm.Ei15S 1yp�r22 OTHER:
WI hand an official sea],
s` SIGNER IS REPRESENTING:
v ,� {NAME OF PERSON{S}OR ENr7TY(IES)}
SIGNATURE OFY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOIA_R_Y
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. C The name and interest of the signer should be typed or printed B ,61H the signature. The name
must a signs exactly as it is typed or printed.
II. SIGNATURE5 EQR IV UALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
M. S-Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bindthe partnership.
IV.
Documents should a signed y two officers,one from each of the following two groups:
GROUP 1. Naair of the Board
((b))The President
c Any Vice-President
GROUP 2. a The Secretary
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 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.
Ic.mW
Rev.May 3,1949
Bond: #08170069
Premium: $2,368.00
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code SS66499 - 66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Principal has executed an agreement with the County
to install and pay for street, drainage and other improvements on, or along 801 Chesley Avenue
Richmond, CFS and to complete said work within the time specified for completion in the Road
Improvement Agreement, all in accordance with State and local laws and rulings.
2. OBLIGATION: Amiga Bag & Lining Company , as Principal, and
Colonial American Casualty and Surety Company, a corporation organized existing under the laws of the
State of Maryland ,and authorized to transact surety business in California,
as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. Performance: One Hundred Thirty-One Thousand, Three Hundred Dollars
($ 131,300.00 ) for itself or any city assignee under the above County Road
Improvement Agreement, plus
B. Payment: One Hundred Thirty-One Thousand, Three Hundred Dollars
($ 131,300.00 )to secure the claims to which reference is made in Title 15 33
et seq. 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,
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.
Power of Attorney
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
aoata O"09:P.O.BOX 1227,BALTIMORE,MD 21203.1327
Know ALL MEN BY THESE PRESENTS: That the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of
Maryland,by W.B.WALBRECHER,Vice-President,and T.E.SMITH,Assistant Secretary,in pursuance of authority granted by Article Vl,Section 2,of the
By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,does hereby
nominate, constitute and appoint Dennis J.Woodard, of San Francisco, California, its true and lawful agent and Attomey-in-Fact, to make,
execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings EXCEPT bonds on behalf
of Independent Executors,Community Survivors and Commumity Guardians;and the execution of such bonds or undertakings in pursuance of these presents,
shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly
elected officers of the Company at its office in Baltimore,Md.,in their own pF' Pers
ons.
The said Assistant Secretary does hereby certify that the extract set forth verse side a true copy of Article VI,Section 2,of the By-Laws of
said Company,and is now in force.
IN WITNESS WHEREOF,the said Vice-President and Assistant ave here 'bed their names and affixed the Corporate Seal of the said
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, day of D. 1998.
ATTEST: COLONIAL AMERICAN LTY A TY COMPANY
T.E.Smith A Secrelayy�� W.A Watbrecher bice-President
State of Maryland 33: 95
County ofB&Ymore ,111 4e
c,
On this 26th day of January,A.D. 1998, a subscri otary Public of the State of Maryland,duly commissioned and qualified,came W.B.
WALBRECHER, Vice-President and T. E. ,Assis of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,to me
personally known to be the individuals and offs descri who executed the preceding instrument,and they each acknowledged the execution of the
same,and being by me duly sworn,severally and each for f deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal
affixed to the preceding instrument is the Corporate o id Company,and that the said Corporate Seal and their signatures as such officers were duly
affixed and subscribed to the said instrument by the and direction of the said Corporation.
IN TESTIMONY WHEREOF,I have hereunto and and affixed my Official Seal the day and year fust above written.
f: aoral J F er Notary Public
M cion Expires: August 1,2000
CERTIFICATE
1,the undersigned,Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,do hereby certify that the original Power
of Attorney of which the foregoing is a full,true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the
Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any
Attomey-in-Fact as provided in Article VI,Section 2,ofthe By-Laws of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May,1494.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any
Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power
of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this
2nd �y of September 1995 Jy
Assistant Secretary
L142MI6-B
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
Contra Costa ss.
on September 2, 1999 before me, Dianne B. Ernst, Notary Public_,
[fate Nam and Title or OM7ca(e.g,, Jar*Doe,Notary Publicl
personally appeared Dennis J. Woodard
Name(e)of Signer(s) '
*personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the persorik4 whose name(s) islaW
subscribed to the within instrument and
acknowledged to me that he/sheMeq executed
the same in his/ha4#iek authorized
capacity(ies), and that by his/Free
DIANNE B.l R?GT signature on the instrument the person(s), or
Commission# 122"M [ the entity upon behalf of which the personX
Notary Public-Confomicy acted, executed the instrument.
Contra Costa County
MYComm.Bpkw Jul 18.2003 WITNESS my hand and official seal.
Placa Notary Seel Above Signature of Notary Public
OPTIONAL
Though the information below is not 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: Improvement Security Bond #08170069 -- Amigo Batt &
Lining Co.
Document Date: September 2, 1999 Number of mages: 2
Signer(s)Other Than Named Above: NA
Capacity(les) Claimed by Signer
Signer's Name: DerLa I- Woodard
❑ Individual
❑ Corporate Officer---Title(s): Tap of thumb here
❑ Partner—❑Umlted ❑General
11 Attorney In Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
1
Signer is Representing: Colonial American Casualty and Surety
Company
O 1997 National Nolary Association-9350 De Soto Ave.,P.O.Box 2442-Ch*Wwo th,CA 91313-2402 Prod.No.5®07 FReonddar:cap Toll-Free 1.100.676-W27