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HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-283 lay c. 19 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 26, 2001 by the following vote: AYES: Supervisors Gioia, DeSaulnier , Glover, Gerber and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2001/ qk3_ SUBJECT: Approval of Road Improvement Agreement for South Dougherty Road, (RA 1118, cross-reference Subdivision 7976), Dougherty Valley area. The following document was presented for Board approval this date for,property located in the area. A Road Improvement Agreement with Windemere BLC Land Company, 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 road reconstruction. 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: VII. Cash Deposit Deposit Amount: $4,500 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 369921, June 15, 2001 G:\GrpData\EngSvc\BO\2001\130 6-26-Ol.doc I hereby certify that this is a true and correct copy of an action CLaap taken and entered on the minutes of the Board of Supervisors Originator: Public Works(ES) Contact: Teri Rie(313-2363) on the date shown. cc: Pubic Works- R.Bruno,Construction Current Planning,Community Development T-3-26-01(Pl) ATTESTED: June 26 e 2001 Windememer BLC Land Company,LLC 3130 Crow Canyon Pl.,Suite 310 JOHN SWEETEN, Clerk of the Board of Supervisors and San Ramon,CA 94583 The American Insurance Company County Administrator 5 Peters Canyon Road Irvine,CA 92606 By ,Deputy RESOLUTION NO. 2001/ 283 SUBJECT: Approval of Road Improvement Agreement for South Dougherty Road, (RA 1118, cross-reference Subdivision 7976), Dougherty Valley area. DATE: June 26, 2001 PAGE: 2 VM. Surety Bond/Letter of Credit Bond Company: The American Insurance Company Bond Number and Date: 11133582590, June 13, 2001 Performance Amount: $450,000 Labor&Materials Amount: $225,000 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is APPROVED. All deposit permits are on file with the Public Works Department. EXECUTED IN DUPLICA_ Bond No.: 111 3358 2590 ✓ Development: Windemere )QA Premium: $1,575.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with he Cde—pu�n iq �ll and pay for street, drainage and other improvements on, or along Temporary fnters�a�tion o complete said work within the time Specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and ruliTkes. *of Bollinger Canyon Road and Dougherty Road 2. OBLIGATION: Windemere BLC Land Company, LLC asPrin4aland The American Insurance ** a corporation organized under the laws of the Stale of and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, execurors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: ** Company A. Performance: Four Hundred Fifty Thousand and 00/100 Dollars ($ 450,000.00 )for itself or any city assignee under the above County Road Improvemcnit Agreement,plus B. Payment: -F",wr Hundred F44+3z T ousand and 00/100 Dollars ($ 1.25,c oa0o ) 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, 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 tTue intent and meaning and shall indemnify and save huml.ess 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 reasonable costs,expenses and fees,including reasonable attorney's fens,incurred by the County of Contra Costa 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.$.) above, is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Cass 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 Cade, for materials famished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this band,will pay,in addition to the fact amount thereof,reasonable costs, expenses and fees,including reasonable attorney's fees, incurred by the County of Contra Costa or city assignee, in successfully enforcing such obligation, to be awarded and fixed by the court, all 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 Stage of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and efTect. C. No alteration of said Road T nprovertheut Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without further notice to or consent by the 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: The undersigned executed this document on June 13, 2001 v Windemere BLC Land Company, LLC By: Lennar Homes of California, Inc. PRINCIPAL: Its Manager SURETY: The American Insurance Company Address: 3130 Crow Canon, Suite 300 Address: 5 Peters Canyon Road_ San Ramona; A 94583 Ci 6 City: h+: Irvine, CA 9260 By: By: Print Name: Lawrence H. T pson Print Name: Jeri Sumner Title: Vice President Title- ,Attorney-in-Fact mM ttpWs�lSrt�RitR2R�G sitE�tgStictiFOnIIst$tt-ORD%BN-9 dw CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On June 13, 2001 before me, S. McDonald, Notary Public, personally appeared Lawrence H. Thompson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. S. MC DONALD Commission# !250983 Notary PLVIC-Cafifomxa OrangCommounty My ►r►m•Fi#m Apr 16.2004 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 SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California, Inc. as manager of Windemere BLC Land Company, LLC DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Improvement Security Bond No. 111 3358 2590 Number of Pages: Two (2) Date of Document: June 13, 2001 Signers (other than those named above): Jeri Sumner CALIFORNIA ALL-PURPOSE AL .,40WLEDGMENT No.5907 State of California County of Orange On June 13 2001 before me, Alexis H.Bryan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Jeri Sumner NAME(S)OF SIGNER(S) personally known to me -OR- n 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 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ALEXIS H.BRYAN Commission#13067381 Notary Public-California Z Orange County WITNESS my hand and official seal. My Comm.Expires Jun 1,2005 L SIGNATLIRF 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 ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED H GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION-8236 Rernmet Ave-,P.O.Box 7184-Canoga Park,CA 91309-7184 FT MAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY, a California corporation,NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies-)does each hereby appoint James A. Schaller, Stanley C. Lynn, Jane Kepner, Nanette Mariella-Myers, Rhonda C. Abel, Mike Parizino, Linda Enright and Jeri Sumner of Costa Mesa, CA. their true and lawful Anomey(s)-in-Fact,with full power of authority hereby conferred in their name,place and stead to execute,seal,acknowledge and deliver any and all bonds,undertakings.recognizances or other written obligations in the nature thereof ------------------------------------- and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of anorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY.NATIONAL SURETY CORPORATION. THE.AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY.NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY,ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held.or by written consent,on the 19th day of March. 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President.Assistant Secretary.and Resident Assistant Secretary of the Companies,and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,b facsimile.and any power of attorney any revocation of any power of attorney.or certificate bearing such facsimile signal=or facsimile seal shall valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused th s to be signed by their Vice-President• and their corporate seals to be h nto affixed this 0 S day of August FIREMAN'S FUND INS COMPANY �'C �e►AN'S E1YERr�4, �.•a w'wn, NATIONAL SURETY RPORAnON °Oq �• ° �`"��``°ti `�a�••••••,��+ w' E AMERICAN INSU E COMPANY o O '� ` - .�� .`� '�':—•_ ' `z SOCIATED IND ORPORATION SEPT i,ro __�� { Zi� f ;i b s A L i 8= A ERICA 'AUTOMOBILE INSU 'CE COMPANY `!b�Cn�Cs_(�y %y�•V �'�+�a '�4�� •.ftp aG a s,J �� •'•"I'••ra• CE COd' 'f1MtF:.C�,�t i,'nIOUR.'►��+`F By It STATE OF CALIFORNIA ss. COUNTY OF MARIN On this 05 day of August 19 9 9 ,before me personally came Harold N. Marsh to me known, who,being by me duly sworn,did depose and say:that he is a Vice-President of each company,described in and which executed the above inswment;that he knows the seals of the said Companies:that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that be signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. L 0CAMF0 Commission# 1163726 i',-s • . Notary Puoii---California " Marin County . My Comm.Exair ssN a oury Public STATE OF CALIFORNIA 1 in }ss. .COUNTY OF MARIN L the undersigned,Resident Assistant Secretary of each company,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power ofAttorney, are now in force. Signed and scaled at the County of Marin. Dated the 13th day of June , 2001 N\\\ .1.•..,, ��PrGTY ,, '�10 SEPT StTO a !' •.r{�,, •w Z ��. is , :toEA L t A IV �J N• � , 7 y `C6^?Cx.O``'!�~ f�: �ar G•►�•1..— ! �J6 �? s*j':— •r�i�*ag G '24e sr0U15.'�w�..' �wnMM Resale It ASustm Secrew' 360791-11-98 ROAD IMPROVEMENT AGREEMENT Developer: Windemere BLC Land Company LLC Effective Date: �,e ZoaL Development: RA 1118(cross-reference Subdivision 7976) Completion Period: 1 year Road: South Dougherty Valley Road THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M. Shiu,Public Works Director W Inde BLC Land Company,LLC By: (signature) (print name&tide) CHA .PE EN,VICE PRESIDENT RECOMMENDED FOR APPROVAL - 7)�� By. (signature) Engineering r e isi n (print name&title) DON LARSON, C_#46-0 F nfCs/1C,.CPPAC" FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures lobe acknowledged If Subdivider is incorporated,signatures must conform with the designated 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 Develover,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: $4,500 cash,plus additional security,in the amount of$450.000,which together total one hundred percent (100°/x)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. B. For Payment: Security in the amount of$225,000,which is fifty percent(501/x)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's 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 S944.408 of the Ordinance Code. 4. GUARANTEE 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. CALIFORNIA ALL-PURPOSEE ACKNOWLEDGMENT State of (�r 0_1 County of C�jitrrj 474_, On J U n'. before me, I pate _!:)�Nam,.and Title bof Officer�(eg.,"Jeneoe,Notary�Publi C personally appeared N")(PYN _O_f_S Q) Nam �fSigner(s) Nersonally known to me—OR—El 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 Aft—A same in his/her/their authorized capacity(ies),and that by DEBRA A.SHERWOOD his/her/their signature(s)on the instrument the person(s), Commission# 1145307 or the entity upon behalf of which the person(s) acted, Notary PU!)k CCI'tOM'o Ajorne(jo County executed the instrument, My Corrm.Exr)!,es Jul 5,2001 WITNESS my hand and official seal Signature of Not 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: El Individual El Individual 0 Corporate Officer El Corporate Officer Title(s): Title(s): [I Partner—El Limited El General El Partner—EJ Limited 0 General El Attorney-in-Fact El Attorney-in-Fact El Trustee 0 Trustee Vi L1 Guardian or Conservator WORS"NO, El Guardian or Conservator &VIN,ME I D Other: Top of thumb here 0 Other: Top of thumb here Signer Is Representing: Signer Is Representing: D 1995 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPObE ACKNOWLEDGMENT ---- ------- State of 42,cn 16*L1 County of !no 6as On J_U n P I T-, "0 1 before _S�CWCaj, A1662(Z4 Pt On 'DateName and Title of Officer(e.g.,"Jane Doe,Notary P41ic") L 4� _C4 personally appeared I eri5 ) \j I C_6 PRI Name(s)of Signer(A) *ersonally known to me-OR-[I 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 instrument the person(s), or the entity upon behalf of which the person(s) acted, HRA k S"FRWCT)OD executed the instrument. C0r^,rY1,iss;C11 t 45307 No' ary P_!,- Cqi-fornicl WITNES:SZmy �/anda�dofficial al J�j;5,2(701 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: L1 Individual 0 Individual El Corporate Officer El Corporate Officer Title(s): Title(s): 11 Partner—0 Limited 0 General El Partner—El Limited El General El Attorney-in-Fact El Attorney-in-Fact El Trustee El Trustee VII El Guardian or Conservator WINE"i W 0 Guardian or Conservator El Other: Top of thumb here D Other: Top of thumb here Signer Is Representing: Signer Is Representing: C 1995 National Notary Association-8236 Rernmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 l Prod.No.5907 J Reorder:Call Toll-Free 1-800-876-6827