HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-541 TIE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 5, 2000 by the following vote:
AYES. SUPERVISORS GIOLA, UILKEMA DESAULNIER AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
*(District V Seat is vacant) RESOLUTION NO.: 2000/541
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS
980004, Walnut Creep area.
The following documents were presented for Board approval this date:
I. Map
The Parcel Map of Subdivision MS 980004, property located in the Walnut Creek
area, said map having been certified by the proper officials;
II. Subdivision Agreement
A subdivision agreement with Ron and Virginia Lukkes, subdivider.
Accompanying said subdivision agreement is security guaranteeing payment as
follows:
Surety Bond
Bond Company: Indemnity Company of California
Bond Number: 8657115
Date: November 10, 2000
Labor&Materials Amount: $31,650.00
Principal: Ron and Virginia Lukkes
The required improvements for this subdivision have been completed. No performance bond
is required.
RESOLUTION NO. : 2000/ 541
() 1
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 980004
DATE: December 5, 2000
PAGE -2-
III. Tax Letter
A letter from the County Tax Collector stating that there are no unpaid County
taxes heretofore levied on the property included in said map and that the 2000-2001 tax
lien has been paid in full.
THE FOLLOWING IS RESOLVED:
1. That said subdivision, together with the provisions for its design and
improvement, is DETERMINED to be consistent with the County's general and
specific plans;
2. That said Parcel Map is APPROVED.
3. That said subdivision agreement is also APPROVED.
4. That the improvements are accepted as complete and the payment (labor and
material) surety will be RETAINED for the six-month lien guarantee period until
June 5, 2001, at which time the Clerk of the Board is AUTHORIZED to release
the surety, less the amount of any claims on file.
I hereby certify that this is a true and correct copy of an action taken
c:\Grpmta\Enssve�30\20 TmM\ S98o4o4.a�c and entered on the minutes of the Board of Supervisors on the date
Mlap shown.
Originator:Public Works(ES)
Contact: Rich Lierly(313-2948)
cc: Public Works-R.Bruno,Construction
ATTESTED: DECEMBER 5, 2000
Curet Planning,Community(Development PHIL BATCHELOR,Clerk of the Board of Supervisors and
R01
on&Virginia Luklm, County Administrator
694 Northgate Road,Walnut Cttxk,CA 94598
Intlemnity CotnWy of California,
3100 Oak PA,Ste.260,Walnut Creek,CA 9459
by "' Deputy
Subdiv len: MS980004
Bond No.-. 865711S
Premium: $950.00
INWROVEMENT SECURTICX BOND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee,and Payment)
(California Government Code§§ 66499-66499.10)
1. REmAL of Suaanmjm AGUEMW-. The Principal has executed an agreement with the County to
install and pay for street,drainage. and other improvements in Subdivision MS980004
. as specified in the Subdivision went, 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 theerer order in order to satisfy conditions for filing of the Final Map or Parcel Map for said
Subdivision.
2. OnL-t .w=: Icon and Virgini Lukk s asPrincipal,and
Indemnity Com any of California, .acorpcxatioII orgenbW adstirig
under the lawn of the State of California and sa thorized to transact surety business in
California, ars Surety, hereby jointly and severally bind ouraelvcs, our heirs, executors, administrators,
successors,and assigns to the County of Contra Costa,California to pay it:
A. Performance and Guarantee: - - N/A----
)
/A) for itself or any city assignee under the; above County Subdivision
Agreement,plus
$ Payne at. Thirty One Thousand Six Hundred Fifty and 00/100 Dollars(S
$31,650.00 to secure the claims to which referees is made in Title: XV
(e:ommencing with Section 3082) of Pant 4 of Division III of the Civil Code of the State of
California.
3. God:
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, trators,Successors or assigna,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 it or its part, to be kept and
performed at the time and in the manner therein specified,Kid m 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 xhe face amount specified dmfore,there
shall be included costa and treasonable expense=s and fees=, including reasonable attornWs fees,
incurred by County(or city assignee)in succe ssfinlly 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 afinsaid Civil Code for materials furnished or labor
thereon of any Und,or for amounts due under the Unemployment Dzurance 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 successfiffly 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
`es and moons entitled to file clam under Title 15(commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition ofthis bond be fully performed thea this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision 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 takers.
SIGNED AM SEALED ED on November 10, 2000
.PMMAL: Ron and Viriginia Lukkes SURETY: Indemnity Company of California
699 Northaate Road Address: 31007 Oak Road Ste. 260
City: Walnut Creek Zip: 94598 City: Walnut Creek dip: 94595_
—,- -- ,
Print Name. - ..�: -- Print Name: Jocelyn Y. Quirt
Title: Title: Attorney-In-Fact
:W
%VWirlS LMUMrAVhPD %V85VdWae M%N WORVex tx.ex
Muw.a�►�1'i.�bts .
POWER OF ATTORNEY OF
`'' )EMNITY COMPANY OF CALIFOR �►
AND DEVELOPERS INSURANCE COMPANY
RO.BOX 19725,IRVINE,CA 92623*(949)263-3300 N o 0 b 3 21 1
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March,2002.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable,the text Is in brown ink,the signatures are in blue ink and this notice is in blue ink.
4. This Power of Attorney should not be returned to the Attorneys)-in-Fact,but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,
but not jointly,hereby make,constitute and appoint
***Frank R. Olsson, Cordon J. Fischer,Jocelyn Y. {,quirt,jointly or severally***
the true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and Contracts of suretyship
in an amount not exceeding Ten Million Dollars($10,000,004)in any single undertaking;giving and granting unto said Attorney(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 Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
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 INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Powers of
Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and 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 Attorney;
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
of Attorney or certificate 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,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 22nd day of December,1998.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
By By r
--�a 4D., Vincenti,Jr. Dante incenti,Jr.
sident �G4VPANypr P silent a���N`,uR4kcn
c
a Ts ti� ATTEST s MAR.27
2 1967 �0 0 'c
1F
By * By
*
Waiter Crowell Walter Crows i
Secretary Secretary
STATE OF CALIFORNIA }
)SS.
COUNTY OF ORANGE }
On December 22, 1998,before me,C.Hollister,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or proved to me on the basis of
satisfactory evidence)to be the person(s)whose name(s)istare 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/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument,
WITNESS y hand and official seal,
C.HOLLISTER
tt COMM.f#1192615
Signature Notary Public-California
ORANGE COUNTY ,
00my Comm.Expires AUG.11,2002
CERTIFICATE
The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby
certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards
of Directors 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,this 10th day of u NOVe'IAbe2000
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
��1MPANY�� •• r .. L�5N5URgfi
CL en
By z` OCT.s 0 By -- – 7 d— J MR.27
William T.Sharer ie67 ® William T Sharer i tare
Senior Vice President ay, r Senior Vice President
i0-314 REV.(12198) c
r
STATE OF California
SS.
COUNTY OF Contra Costa
On before me, Vicki L Delbridae Notary Public
PERSONALLY APPEARED Jocelyn Y.Quirt
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/her/their signature(s) on the VX=L
instrument the persons),or the entity upon behalf of which AEMCWW*d0n#126=
"Way Nit-CR 0"ft
the person(s)acted,executed the instrument Ct rft Caft
MY�arrrt1.8p1�ItJu111 ftwily4
WT'INESS my hand and official seal.
P
Signature This am for Offidal Notarial Sea]
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 CLAINIED BY SIGNER DESCRU41ON OF ATTACHED DOCUMENT
CI INDIVIDUAL
El CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
i
d PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY-IN-FACT NUMBER OF PAGES
❑
TRUSTEE(S)
D GUARDIAN/CONSERVATOR
C] OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME of PEIMMS1 OR ENnTY"
Indemnity Company of Callfomia SIGNER(S)OTHER THAN NAMED ABOVE
ICS-081 Rev.&194 ALL-PURPOSE ACKNOWLEDGEMENT
Tax Collectors Office �$�# William J.Polliscak
625 Court Street County Treasurer-Tax Collector
Finance Building,Room 100 Costa
P.O.Box 631 Joseph L.Martinez
Martinez,California 94553-4t)63 County Assistant Tax Collector
(925)646.4122
(925)646-4135 FAX Joslyn Mitchell
Tax Operations Supervisor
NAY
IF THIS TRACT IS NOT FILER BY DECEMBER 31,2000,THIS LETTER IS VOID.
This will certify that I have examined the map of the proposed subdivision entitled:
TRACT 1 M.S. CITY T.R.A.
98-004 WALNUT CREEK 79048
Parcel#: 138-100-002-3
and have determined from the official tax records that there are no.unpaid
County taxes heretofore levied on the property included in the map.
The current 2000-2001 tax lien has been paid in full.
Our estimate of the 2000-2001 supplemental tax lien is $ 0.00
This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond,
the original principal to calculate a segregation is
The amount calculated is void 30 days from the date of this letter.
Subdivision bond must be presented to the County Tax Collector for review and approval of
adequacy of security prior to filing with the Clerk of the Board of Supervisors.
WILLIAM J. POLLACEK,
Treasurer-Tax C ll for
By:
. .y 4