HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-417 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 12, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, AND CANCIAMILLA
NOES: NONE
ABSENT: SUPERVISOR GERBER
ABSTAIN: NONE
RESOLUTION NO.:2000/417
SUBJECT: Approval of Road Improvement Agreement for San Pablo Dam Road, Road
Acceptance 1092, in the El Sobrante area.
The following document was presented for Board approval this date for, property located
in the area.
A Road Improvement Agreement with LBL-DUC Richmond, LLC, 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
pavement widening, curb gutter and sidewalk, longitudinal storm drain system and street lights.
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: $4,300.00
.Deposit made by: LBL-DUC Richmond, LLC
Auditor's Deposit Permit No. and Date: DP#341496 dated November 30, 1999
II. Surety Bond
Bond Company: American Motorists Insurance Company
Bond Number and Date: 3SM959-919 00 dated November 19, 1999
Performance Amount: $421,600.00
Labor&Materials Amount: $212,950.00
Principal: LBL-DUC Richmond, LLC
RESOLUTION NO. : 2000/417
SUBJECT: Approval of the Road Improvement Agreement for San Pablo Darn Road,Road Acceptance 1092,
in the El Sobrante area.
DATE: September 12, 2000
PAGE -2-
NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
Dl:gpp
G:\GrpData\EngSvc''xBO12000\BO 9-19-00.doc
Originator: Public Works 3
Contact: Rich Lierly(3113-2348) I hereby certify that this is a true and correct copy of an action taken
-2
cc: Pubic Works- R.Bruno,Construction and entered on the minutes of the Board of Supervisors on the date
Current Planning,Community Development shown.
I`- 8-12-01
LBL-DUC Richmond,LLC
14107-H Winchester Blvd.
Los Gatos,CA 95032 ATTESTED: i00�
American Motorists Insurance Company
411 Bore]Avenue,suite 410 PHIL BATCHELOR,Clerk of the Board of Supervisors and
San Mateo,CA 94402
County Administrator
By ,Deputy
ROAD IMPROVEMENT AGREEM1;N
Developer: i CLL_LC11 Effective Date:
Development: Completion Period: 1 year
Road:
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER
J. Michael Walford, Public Works Director
B C" t.tJ lA l,, (signature) �,•''�
By: (print name tit title) r( ,
R M VAT. pmtrCCl— T.. � 'car
By; (signature)
ineering Services Division (print name&title)
Victor J.Westman,County Counsel
(NOTE: Al!signatures is be acknowledged. If Subdivider is incorporaud,signatures must
conform with the dcsigna,d representative groups pursuant to Corporations Code 5313.)
1. PARTIES &DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called "County"and the above-mentioned
Developer,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. IMPROVE_ EM NT SE!ZMIY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security
to the County: ' -_T
A. For Performance and Guarantee: S cash,plus additional security,in the amount of S
which together total one hundred percent(100%)of the esfidiated 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 aft4r its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
es�e
B. For Pav ent: Security in the amount of S = ,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
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 594-4.406 and 5944.408 of the Ordinance Code.
4. QUARANTEE 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-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.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system.
S. PLANT ESTABLISHMENT WORK. Developer 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.
6. 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.
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 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 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: Developer 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 condernnation,'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 Indemnitee has
prepared,supplied,or approved any plan(s)or specification(s)in connection with this work,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: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-PEUORMANCi<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.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds
to complete and/or maintain the work.
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 completes 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.
11. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the development 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 Developer,who shall•fulfill all the terns
of this agreement as though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration hereof:
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval
RL:mw
GAGrpDat2TnSSvcTorms\AG WORMAG-24.doc
Rev.February 4,1999
FULLY
EAR
UPON ISSUANCE NSD
Bond: 3SM 959 919 00
Premium: $4,216.00
IMPROVEMENT SECURITY'BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 65499 - 66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Principal has executed an agreement with the County
to install and pay for street, drainage and other improvements on, or along San Pablo Dam Rd. Canyon Oaks
to complete said work within the time specified for completion in the Road Improvement kpmi n�,`aft 14
in accordance with State and local laws and rulings.
2. OBLIGATION: LRL-DUC Richmond, LLC ,as Principal,and
American Motorists Insurance Company ,a corporation organized existing under the laws of the
State of Illinois , and authorized to transact surety business in California, as
Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. Performance: Four hundred twenty one thousand six hundred and no/100's
Dollars ($ 421.600.00----------- )for itself or any city assignee under the above County
Road Improvement Agreement,plus
B. Payment: Two hundred twelve thousand nine hundred fifty and_ no/100's
Dollars ($ 212,950.00--------- } to secure the claims to which reference is made in
Title 15 §§ 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.
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 of the State of California, 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 Road Improvement 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.
4. SIGNED AND SEALED: November 19, 1999
The undersigned executed this document on November 19, 1999
PRINCIPAL: LBL-D C RICHMOND, LLC SURETY: AMERICAN MOTORISTS INSURANCE COMPANY
Address: 14107 WINCHESTER BLVD. STE. H Address: 411 'snug. AVE, STE, 410
City: LOS GATOS CA 95032 City: SA EO CA 94402
By: Z By:
Print Name: e- c r- 6e�_y Print Name: CHARLES M. GRISWOLD
Title: erC I Z f I&AI✓A-rd If Y Title: ATTORNEY IN FACT
:MW
\\PWSI\SHARDATA\GrpData\FngSvc\Forms\BN WORD\BN-9.doc
Rev.June 17,1999
- .............................................................................................................................
State of California
County of San Mateo
On NOV 19 1999 before me, Sherrie Jones, Notary public,
NAME,TITLE OF OFFICER
personally appeared Charles M. Griswold
NAME OF SIGNER
■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),
SHERRIE JONES and that by his/her/their signature(s) on the
COMM.*1237953 instrument the person(s), or the entity upon
� ; N SAN'MATEO PUBLIC COUNT 0 behalf of which the person(s) acted, executed the
SAN MATED COUNTY {� p ( )
COMM.EXP,OCT.15,2W3 j instrument.
WITNESS my hand and official seal.
(SIGNATURE OF NOTARY)
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 BOND(S)
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
-----------------------------------
CJ PARTNERS) ❑ LIMITED
GENERAL NUMBER OF PAGES
® ATTORNEY-IN-FACT
® TRUSTEE(S)
GUARDIAN/CONSERVATOR
® OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
AMERICAN MOTORISTS INSURANCE COMPANY
SIGNER OTHER THAN NAMED ABOVE
Home Office: Long Grove,IL 80049
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual
Insurance Company,corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove,
Illinois,(hereinafter collectively referred to as the"Company")do hereby appoint
Charles M. Griswold of San Mateo,Califomia'""'*'"`*"
their true and lawful agent(s)and attomey(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance
of this power and ending on the date specified below,unless sooner revoked for and on Its behalf as surety,and as their act and deed:
Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO
MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00)
EXCEPTION: NO AUTHORITY is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or
collection of any promissory note,check,draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit
of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply
to all intents and purposes,as if the same had been duly executed and acknowledged by Meir regularly elected officers at their principal office in
Long Grove,Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001
This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company
on February 23, 1988 at Chicago, Illinois,true and accurate copies of which are hereinafter set forth and are hereby certified to by the
undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with
the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them to execute on
behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognizances, contracts of indemnity and
other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive
Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February,1988:
"VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or Meir appointees designated in writing and filed
with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile
on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23,
1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to
be valid and binding upon the Company."
In Testimony Whereof,the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers,
this February 25, 1999.
Attested and Certified: Lumbermens Mutual Casualty Company
American Motorists Insurance Company
American Manufacturers Mutual Insurance Company
83AI ;L
Robert P.Hames,Secretary by J.S.Kemper, III,Exec.Vice President
STATE OF ILLINOIS SS .
COUNTY OF LAKE
I,Irene Klewer,a Notary Public,do hereby certify that J.S.Kemper,III and Robert P.Hames personally known to me to be the same persons
whose names are respectively as Exec.Vice President and Secretary of the Lumbermens Mutual Casualty Company,the American Motorists
Insurance Company,and the American Manufacturers Mutual Insurance Company,Corporations organized and existing under the laws of the
State of Illinois,subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being
thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said
corporations and as their own free and voluntary acts for the uses and purposes therein set forth.
AAAAAAAAAAAAA
.0 "WICIAt.8EAV Ill.
+0 Iron Kiswor 11b
.4 Nolarypm1c;stats OTIMMeIS ►
41 MFV Gonne loan sxpww Jan=.woe ►
My commission expires 1-28-02 V V V V T V V V V V VV V Irene Klewer,Notary Public
CERTIFICATION
1,JX Conway,Corporate Secretary of the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the
American Manufacturers Mutual Insurance Company,do hereby certify that the attached Power of Attorney dated February 25, 1999 on
behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is
in full force and effect on the date of this certificate,and I do further certify that the said J.S.Kemper,III and Robert P.Hames,who executed the
Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney
the duly elected Executive Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance
Company,and the American Manufacturers Mutual Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermen Mutual Casualty Company,
the American Motorists Insurance Company,and the American Manufacturers Mutual Insurance Company on this
Not 1999
t p � tEAI �
J.K Conway,Corporate Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein and they have no authority to bind the Company except in the manner and to the extent herein stated.
FK 0362 6-96
Power of Attorney-Term Printed in U.S.A
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara } ss.
On November 22. 1999 __ ,before me, K. D. RothermeL N,otary Public ,
Date Name and Title of Officer(e.g.."lane Doe,Notary Public.j
personally appeared Patrick J. Geary
Name(s)of Signer(s)
■ personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person whose name is subscribed
to the within instrument and acknowledged
..�. to me that he executed the same in his
K.D.R,!THERMEi. authorized capacity, and that by his
Commiss'an 4 1176798
signature on the instrument the person, or
a ±o 3 %c'ary Pudic-CaHornja
sante Cara Cc�nty ir the entity upon behalf of which the person
!�°�crr•,r,.= .e��vkr t ,2002 acted,executed the instrument.
WITNESS my hand and official seal.
�U"k 41idj�-=:== -
Place Notary Seal Above gignature 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 farm to another document.
Description of attached Document
Title or Type of Document: Improvement Security Bond for Road Improvement Agreement
Document Date: November 19. 1999 Number of Pages: 4
Signer(s) Other Than Named Above: _--. Charles M. Griswold
Capacity(ies) Claimed By Signer
Signer's Name: Patrick J. Geary xtcxT rxuMsPamrr
OF SIGNER
❑ Individual Top of thumb here
0 Corporate Officer--Title(s):
0 Partner--❑Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
■ Other: Authorind Signatory
Signer is Representing: LBL-Duc Richmond LLC