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HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-566 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on December 19, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND GERBER NOES: NONE ABSENT: NONE,', ABSTAIN: NONE RESOLUTION NO.: 2000/566 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 99- 0004,Walnut Creek area. The following documents were presented for Board approval this date: I. Map The Parcel Map of Subdivision MS 99-0004,property located in the Walnut Creek area, said map having been certified by the proper officials, II. Subdivision Agreement A subdivision agreement with DeNova Homes, Inc., subdivider, whereby said subdivider agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement, Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: A. Cash Deposit Deposit amount: $1,000.00 Deposit made by: DeNova Homes,Inc. Tax ID Number: 68-019-2453 Auditor's Deposit Permit No. and Date: 358935,November 8,2000 B. Surety Bond Bond Company: Financial Pacific Insurance Company Bond Number and Date: 5503013,November 2, 2000 Performance Amount: $85,000.00 Labor&Materials Amount: $43,000.00 Principal: Denova Homes, Inc. RESOLUTION NO. : 2000/566 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 99- 0004,Walnut Creek area. DATE: December 19, 2000 PAGE -2- III. Tax Letter 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 and the 2000-2001 supplemental tax lien is estimated to be -0-, with security guaranteeing payment of said tax lien as follows: NOW THEREFORE BE IT RESOLVED 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; BE IT FURTHER RESOLVED that said Parcel Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets,paths,or easements shown thereon as dedicated to public use. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED. I hereby certify that this is a true and correct copy of an G,1GrpD%ta\EngSvc\B0\20001B0 12-19-00.doc action taken and entered on the minutes of the Board of J141ap Supervisors on the date shown. Originator:Public Works(ES) Contact: Rich Lierly(313-2348) cc: Public Works-R.Bruno,Construction DEC EMER 19, 2000 Current Planing,Community Development ATTESTED: r-9-19 00 Financial Pacific Insurance Co., PHIL BATCHELOR, Clerk of the Board of Supervisors P.O.Box 292220 and County Administrator Sacramento,CA 95829 Denova Homes,Inc. 1849 Clayton Road Concord,CA 94520 By Deputy MS 99-0004 Subdivision: Bond No.: S503013 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT s (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision MG q-0004 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 the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: DENOVA HOMES,,INC. asPrincipal,and FjN NCIAI RACIFIC INSURANCE C MPANY .a Corporation orgmized 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 it: A. Performance and Guarantee:EIGHTY FIVE THOUSAND AND N01100 ********_($ 85,000.00 for itself or any city assignee under the above County Subdivision Agreement,plus ` B. Payment: RrrRw Tyggn 12nnsAND ANn Iijjl�i Q(} ** ************* st**]k7k Dollars($ 43.000.00 ************ ) 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: r 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 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, 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. r 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 Centra 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 finrnished 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,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 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 fiuther 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. SIGNET}AND SEALED on NOVEMBER 2, 2000 PRINCIPAL: DENOVA HOMES, INC. SURETY: FINANCIAL PACIFIC INSURANCE COMPAN'S Address: 1849 CLAYTON ROAD, Address: City: Zip: rA 4 452Q Cit0ane: TOc CA Zip: 9 829-2220 By: By Print Name: 12—A 0 0 �. ���� PriELIE I. DOUGLS S .�. Title 's Title: �aguy m-na :MW 1U"WS4VSHARDATA\GipDat&\EngSvc\Fonm\BN WORD1BN-12.doa LIMITLO POWER OF ATIORNEY Financial Pacific Insurance Company BOND NUMBER 5503013 POWER NUMBER 503013 PRINCIPAL DENOVA HOMES, INC. PENAL SUM $85,000.00 KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"), does hereby make, constitute and appoint: Annelle I.Douglass its true and lawful Anomeys-in-Fact,with limited power and authority for and on behalf oft` of a ,, a ety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recogniza , , tt ' 'ggations in the nature thereof as follows: Notary Public,Bid,Performance,Payment, en o$2U0,000 m r and to bind the Company thereby. This Power of Attorne �'' *'r and by the authority of the following resolutions ado ted by the Board of Directors of Fin anc my held July 6, 1995, which are now in full force and efect: RESOLVED �Y d ;v or an o Assistant Secretary, may a point attorneys-in-fact or a as defy 1 t ap n each case, for and on behalf of the Company,to exec n a s,recognizance tyship obligations of all kinds; and said officers may u e f atomey prey ted such person. RESOLVRTHER, that ' ,1 . igat' n al e v ing upon the Company when sigtnd sealed(if a seal. u 'dant ,�at the the authority evidenced by the power of at missued p t RESOLVED FUR afire of any au t o facsimile to any power of attorney or certification reo ocizing the execution other suretyship obligations of the Companyu such sig re and seal when,;,, WWI affixed. IN is tic Insurance mpa�y h ' causeck these present. teed by its er officers,and its corporate seal 7 � �r , Q t +f . 0 Robert T. Kingsley, President Jahn Rollin sh ecretary 1886 ST I , SACK o c n h' 15 v b 1 9, r y cEvfyc'� o e me ober ley J R' 1 gsh ad, to me known to be the in du ffi r iat ac Ct1 �io e teethe. p e " and, y' cknowledged the execution of the same,and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid and that the seat affixed to the above instrument is the seal of the corporation, and that said corporate seat and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. ANN 5CNREMP comm.It 1132641. NOTARY PlJBUC•CALIFORNU+ tl San to cowry \r My comm.Expires Mar.27,2001 C Ann Schremp, Notary Public tM4, r , CER.TMCATE I the undersigned Secretary of Financial Pacific Insurance Company a California corporation DO HEREBY CERTIFY that this Power of Xttomey remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Bard of Directors set forth,and that the relevant provisions of the By-Laws of the Company,are now in full force and effect. Signed and sealed at Sacramento, this 2ND day of NOVEMBER, 20,00 _ John Hollingshe Secretary�� Financial Pacific Insurance Company seal must be affixed i � k x�� � � � �..Fx���n �"�'3�°��1�-� �"`+rrts,�.✓'� � c,z'�''� .ii�Si$Ir�,a+ y��j 1 r RZ—DTs:^''AN `°'�rR� �mit n+r.*?it�i• . �a ' C2 14 H X0U. 3 m c C .O at 4 o v m 0 -a . c . � I• • . 3 a CL d H a ►! P4 n M ' a a > 0 � . �= Iz 4 . a E3P I # CIO 9 F-/ CY O *- V a a cc 00� 0 CO . � d 4„ C14 < 4 .-t • :... V DENovA HOMES CORPORATE RESOLUTION I, David B. Sanson, the Secretary of DeNova Homes, Inc. (the Corporation) hereby certify that at a meeting of the Board of Directors of the Corporation, which was duly held on November 3, 2000,the following resolutions were duly adopted. RESOLVED FURTHER, that David B. Sanson, President is authorized and directed in the name of this Corporation, and in its own act, to be the sale Corporate signer for the Subdivision Agreement and all acts to facilitate recordation of the final map for Minor Subdivision 990004, "Wild teak Estates, Walnut Creek CA. RESOLVED FURTHER, that the Secretary of the Corporation is directed to certify these resolutions and to deliver such certification in support of the authority of the above officers to act on behalf of this Corporation. David B. Sanson 1849 Clayton Road Concord, CA 94520-2513 925-685-0110 • Fax 925-685-0660 Tax Colla es oftice Wiliam J.Pollacetc rt l"at Contra County Treasurer-Tax Collector Finance Building,Room 100 P.0.Box 631 costa Joseph L Martinez Martinez,Cafftomia 94553.0063 County Assistant Tax collector (925)6464122 (925)6464135 FAX Joslyn Mitchell Tsar Operations SupervWw f. 11/"000 IF THIS TRACT IS NOT FILED BY DECEMBER 31,2000, THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: TRACT!M.S, CITY T.R.A. 99-004 WALNUT CREEK 98002 Parcel#: .180-321-0085 180-321-009-3 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, Treasure -Tax Collector. By: SUBDIVISION AGREEMENT (Government Code S66462 and S66463) Subdivision: MS 99-0004-0004 Subdivider. Denoya Homes, Inc Effective Date: . Completion Period: I year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER Maurice M.Shiu,public Works Director / C By: (signuttPo)- l David B. Sanson,President RECQMMEE Da RF OVAL By: (signature) =PPRVED- Services Division (Print name&title) FORVictor 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 S313.) I. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Con ",and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMP&QVEMENTS. Subdivider 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 subdivision 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). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code SS66410 and following),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. L= VEMEa SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code S66499,and the County Ordinance Code,provide as security to the County: A. For Ptrrfotmance and Guarantee: $1,000.00 cash,plus additional security,in the amount of S 85,000.00 which together total one hundred percent(1001/le)of the estimated cost of the work. Such additional security is presented in the form of Cash,certified check or cashiers check. _ L Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider 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. B. EQLEA3MILnj, Security in the amount of S 43,000.00,which is fifty percent(50%)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 Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider, the amount securities may be reduced in accordance with S944.406 and S9444.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)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. Subdivider 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. 5. PLANT ESTABLISHMENT WORK. Subdivider 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(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Subdivider 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 Subdivision. 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,Subdivider 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 Subdivider 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: Subdivider 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 condemnation,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 Subdivider,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 subdivision,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: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS:If Subdivider 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 Subdivider 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. Subdivider hereby consents to entry on the subdivision 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,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. fNCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision 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 Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. RL:kw G:U`irpDsta\&gSvcUwge\2000Wovember\rro499AG30.doc Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER ].� On efore me, a ±{Dv t 3 .�:y 4.....ta �i Though statute does not require the Notary to fill DAT tt (( . N ME,TIT F OFFICER E.G.,'JANE DOE,NOTARY PUBLIC- in the data below,doing so may prove invaluable personally appeared �) � Vyt�t i C� Y� to persons relying on the document. NAME(S)OF SIGNERS) ❑ INDIVIDUAL DI personally known to me-OR-❑ provided to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(s) subscribed to the within instrument and 11lllltiillllliitltftlllltfttltl114lNINt1111114NI111f111 acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED the same in his/her/their authorized pA7(�ICIA A.DYKES the ❑ GENERAL capacity(id that bhii es),and his/her/their� COMM.NO.1237545 ❑ ATTORNEY-IN-FACT NOTARY PUBLIC-CALIFORNIA X signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s) ❑ TRUSTEE(S) CONTRA COSTA COUNTY acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR My comm.expires Oct.10,2003 ❑ OTHER: IIII11111111111111it11P"1"4111Rill III 111111111111111 1 WITNI�SF%myhanda fti ' 1 eal, SIGNER IS REPRESENTINGo -(NAME OF PERSON(S)OR ENTITY(IES)) SIGNATURE T a acknowledged to me that such corporation executed the within instrument pursuant to its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data 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 NOTARY 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. FOR ALL SIQ II!. I S--The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed 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 must be stated. III. SIQN4n=S FPR E4,R,I RSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and binde partnership. IV. N Documents should a signed y two officers,one from each of the following two groups: GROUP 1. NaThe Chair of the Board The President Any Vice-President GROUP 2, a The Secretary b 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 si nmg 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." JC:mw:df Rev.January 13,2000 DENovA HOMES CORPORATE RESOLUTION I, David B. Sanson, the Secretary of DeNova Homes, Inc. (the Corporation) hereby certify that at a meeting of the Board of Directors of the Corporation, which was duly held on November 3, 2000,the following resolutions were duly adopted. RESOLVED FURTHER, that David B. Sanson, President is authorized and directed in the name of this Corporation, and in its own act, to be the sole Corporate signer for the Subdivision Agreement and all acts to facilitate recordation of the final map for Minor Subdivision 990004, "Wild Oak Estates, Walnut Creek CA. RESOLVED FURTHER, that the Secretary of the Corporation is directed to certify these resolutions and to deliver such certification in support of the authority of the above officers to act on behalf of this Corporation. David B. Sanson 1849 Clayton Road Concord, CA 94520-2513 925-685-0110 - Fax 925-685-0660