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Home My WebLink AboutRESOLUTIONS - 01012001 - 2001-320 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 17, 2001 by the following vote: AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER, GERBER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2001/320 SUBJECT: Approval of Off-Site Drainage Improvement Agreement for Subdivision 7267, in the Lafayette area. The following document was presented for Board approval this date. A Drainage Improvement Agreement with Silverhawk & Company, Inc., developer, whereby said developer agrees to complete all improvements as required in said Drainage Improvement Agreement within one year from the date of said agreement. Improvements generally consist of installation of off site storm drainage facilities extending from Subdivision 7267 down King Drive to Olympic Boulevard, then parallel to Olympic Boulevard and a new crossing of Olympic Boulevard. 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: $5,800.00 Deposit made by: Silverhawk & Company, Inc. Auditor's Deposit Permit No. and Date: 369844 (June 13, 2001) G:\GrpData\EngSvc\BO\2001\BO7-17-01.doc I hereby certify that this is a true and correct copy of an JC:Iap action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: Rich Lierly(313-2348) cc: Pubic Works- R.Bruno,Construction ATTESTED: .JULY 17� 200I Current Planning,Community Development T-5-n-02(PI) JOHN SWEETEN, Clerk of the Board of Supervisors and Morgan Capital Investment Properties 3 Harbor Drive,Ste.303 County Administrator Sausalito,CA 94965 International Fidelity Insurance Company 3200 Villa Lane Napa,CA 94558 By Deputy RESOLUTION 2001/ 320 SUBJECT: Approval of Off-Site Drainage Improvement Agreement for Subdivision 7267, in the Lafayette area. DATE: July 17, 2001 PAGE: 2 H. Surety Bond: Bond Company: International Fidelity Insurance Company Bond Number and Date: CAIFSU 0318731, (June 7, 2001) Performance Amount: $579,000.00 Labor & Materials Amount: $292,400.00 Principal: Morgan Capital Investment Properties NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION 2001/ 3h'o DRAINAGE IMPROVEMENT AGREEMENT Subdivision: ��.4GT 'Z67 7' STATES Effective Date: �� V7, zw S L✓E.¢f/.4wk Lo�PANy , TNG Developer: � Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director a _ B V� � (Signature) By: (Print Name and Title) RECOMMENDED APP VAL By: (Signature) /', �/_ Bering Services Division (Print Name and Title) FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures must conform with the designated representative groups pursuant to Corporations CodeS313.) I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-named Developer,mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements 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). 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 provide as security to the County: A. For Performance and Guarantee: S S cash,plus additional security,in the amount of$59"wo together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check,or cashier's check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ z4qz , 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 of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I )I State of California ss. County of �� O 2 , before me, _ ! 1 Ioik 6- 61 eem A' Urvq Date (�' n n Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Qj t 'r&y Name(s)of Signer(s) ; I I II [� proved to me on the basis of satisfactory evidence 1� I to be the person(, whose name(O isl4re subscribed to the within instrument and acknowledged to me that he/sX/t,34 executed the same in his/[ r/tKir authorized GR®i capacity(i and that by his/�/ eir CHARLOTTE Qsignature( on the instrument the personw, or ConYr�aion f 1276M , II: iolalPjAft-Cdlamb the entity upon behalf of which the personof ,I 1� Main Cotinly acted, executed the instrument. My C.arrm.oo Sep 11. 4 i I NESS my hand ;Tfficia0eal. I I � Place Notary Seal Above Signature of Notary Public I I 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 D - e t ,, 1 1, Title or Type of Document: `' - / -�/ Document Date: I( � l E 2P f Number of Pages: I l Signer(s) Other Than Named Above: Cgner's Name: Clai{ dd Srr �a Signer's Name: Individual "thumb� l ❑ Corporate Officer—Title(s): I ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I I ®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 Development No: 7267 Bond: CAIFSU 0318731 PREMIUM $ 14,475.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE RYIPROVEMENT AGREEMENT (faithful performance&maintenance,AND labor and materials) 1. OBLIGATION: MORGAN CAPITAL INVESTMENT PROPERTIES (PrincigaI) as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY (Su�yl a corporation organized and existing under the laws of the State of Calif ornia and organized and wdsting under the laws of the State of 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. Faithful Performance,& Maintenance: FIVE HUNDRED SEVENTY-NINE AND N0/100 DODURS ($579,000-00 ) for itself or any city-assignee under the below-cited Drainage Improvement Agreement, plus B. Labor&Materials: TWO HUNDRED NINETY-TWO THOUSAND FOUR HUNDRED AND N01100 DOLLA: ($ Z92,400.00 for the benefit of persons protected under Title 15 § et seq. of the-California Civil Code. 2. RE C1TAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and other improvements in Contra Costa County, State of Calif a nia _ as specified in the Drainage Improvements Agreement, and to complete said work within the time specified in the Drainage Improvement Agreement for completion, all in accordance with State and local-laws and rulings thereunder in order to satisfy the conditions of approval for DRAINAGE IMPROVEMENT AGREEMENT 3. CONDMON: If the principal faitMilly performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County,then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period; and if principal fully pays the contractors,subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens,then this obligation as to Section 1-(B)above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications 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 alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of California Civil Code § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond, Surety will pay reasonable attorney fees fixed by court to be taxed as costs and-included in the judgement. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded 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 fir wished or labor- thereon of any Idnd,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 cdrporations 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 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. SIGNED AND SEALED on .Tune 7, 2001 M I STMENT PROPERTIES INTERNATIONAL FIDELITY tRllvc7�Ah --_- SURETY INSURANCE COMPANY Y* I,e ie E. k J resident By By Li P— reit, Co porate Secretary 4MERT E. CHO ICK ATTORNEY—IN—FACT Address I Harbor_Drive- Suite 301 Address 32oo VTT.T.A I.ANF., NAPA_ u 4/ SSn Sausalito, CA 94965 707-252-8822 a � �rrwo�r�to.aoo T E.CHOvICK 'ISU SANDER ACOBS,CASSAYRE INSURANCE SERVICES 3200 VILLA LANE NAPA,CA 94558•(707)252-8822 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I� State of California County of AZO / / ►' ss. O e before mY 1"J(XJG/v l►� Date �-�® Name and Ti e of Off er(e.g.,' ane oe,Notary/Public") personally appeared )CC � 0W � �P �T Name(s)of Signer(s) personally known to me evHETTIce I I to be the person(s) whose name(s) 41are subscribed to the within instrument and acknowledged to me that WlWe/they executed the same in [A/4Xr/their authorized CHARLOTTE G.GREEN capacity(ies), and that by A/J4r/their Canvnb*m#17716596 signature(s) on the instrument the person(s), or z County ft the entity upon behalf of which the person(s) I MyCor Malin �eQ11��D4 acted, executed the instrument. I � T ESS my hand an offic' I seal. 1` ` Place Notary Seal Above Signature of Notary Public I' 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 Attach d D I Title or Type of Document: I Document Date: Lt,,L Number of Pages: I� I Signer(s) Other Than Named Above: f ICapacity(ies) Claimed v ( n n I Signer's Name:(il.�, T [IIndividual &gj n 91 . / n fin/ Toof thumb here Corporate Officer—Title(s): 11`t f eVIX,¢"wk ❑ Partner—❑ Limited ❑ General -I ❑ Attorney in Fact ❑ Trustee I ❑ Guardian or Conservator ❑ Other: /n� Signer Is Representing: MO" '1 �4L�r""' TPI)6P. ®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of NAPA On JUNE 7, 2001 , before me, THERESA STUDEBAKER NOTARY PUBLIC Date Name and Title of Officer(e.g..'Jane Doe.Notary Public-) I , personally appeared ROBERT E CHOVICK IIhh Name(s)of Signers) r; KIpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose named is/am subscribed to the within instrument and acknowledged to me that he/sW"executed the same in hisf#neaOkeau: authorized capacity( , and that by hisilhaNtWr signature{ on the instrument the personM, or jjjj KL 0. T" THERESA STUDEBAKER Z the entity upon behalf of which the person(g) CL.'E��PEk . I{'i COMM.#1214766 < acted, executed the instrument. NOTARY PUBLIC—CALIFORNIA-X NAPA COUNTY Z- tm, comm.Expires APR 02,2003 E y h d and offici eal. i- �qt fro" ; A Place Notary Seal Above ure of 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 Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Tftle(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ®1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313.2402 Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 Tel(973)624.7200 '"OWER OF ATTOI NE'" INTERNATIONAL AL FIDELI' Y INSURANCE COMPANY HOME OFFICE: ONE NEWARK.CENTER,'20TH FLOOR NEWARK,NEW JERSEY 07IO2-5207 KNOW ALL MEN BY THESE PRESENTS:`That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint CLAY THOMPSON`, ROBERT E_ CHOVICK, 'JEFFREY D. ERICKSON ,Napa, CA'. its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory m the nature thereof,which are or may be allowed,required orrmitted by law,stature rule,reggulation,contract or otherwise,and the execution of such instrument(s) in pursuance of these presents, shall be as bindinTE g upon the said INRNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply, to all intents and purposes; as if the same had been dttly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint 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,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at'a meeting duly called and held on the 29th day of April, 1992 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be'valid and binding upon the Company and any, such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undzrtaking to which it is attached. TY/�yfG IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be p- signed and its corporate seal to be affixed by its authorized officer,this 31st day of August,A.D. 1998. iSEAL re. 9Z INTERNATIONAL FIDELITY INSURANCE CO NY c STATE OF NEW JERSEY 6 y 91 0 County of Essex ' C;11 a 1H/ �t 1► Vice-Pr sident On this 31st day of August 1998,before me came the individual who executed the; recedin instrument, to me personally known,and,being by me duly sworn,;said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seal.affixed to said instrument is the Corporate Seal of said Company; that the said Corporate'Seal and his signature were duly affixed by order of the Board of Directors of said Company., �ARCi IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written. Q NOTARY PUBLIC y JE A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov_21,M L the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOMEOFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals;'and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,I have hereunto set in hand;this 7 day of JUNE 2041: Assistant Secretary