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HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-388 0,10 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 14, 2001 by the following vote: AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER, GERBER, AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2001/ 388 SUBJECT: Approve the Road Improvement Agreement for Bixler Road,RA 1112(Subdivision 8429,Unit 3 of Subdivision 8023)being developed by Hofmann Land Development Company, Brentwood area. The following document was presented for Board approval this date for Bixler Road, road acceptance file RA 1112 (Subdivision 8023), property located in the Brentwood area. A Road Improvement Agreement with Hoffmann Land Development Company, 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 on Bixer Road from 28'to 34',between the southerly limit of subdivision 7686 frontage improvements and Regatta Drive. 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 Bond Deposit Amount: $1,600.00 Submitted by: Hofrnann Land Development Company Auditor's Deposit Permit No: 372304 Date: July 31, 2001 G:\GrpData\EngSvc\BO\2001\Temp\RA 1112 BO-15.doc I hereby certify that this is a true and correct copy of an action JD:lap taken and entered on the minutes of the Board of Supervisors Originator: Public Works(ES) on the date shown. Contact: Rich Lierly(313-2348) cc: Pubic Works- R.Bruno,Construction ATTESTED: A i j a u s T 1 Li , 2 n n 1 Current Planning,Community Development T-6-14-02 JOHN SWEETEN, Clerk of the Board of Supervisors and Hofmann Land Development Company Attn: Mr.Henry County Administrator 1380 Galaxy Way Concord,CA 94520 The American Insurance Company One Market Plaza By , Deputy Spear St.Tower San Francisco,CA 94111 — - RESOLUTION NO. 2001/ 3 8 8 SUBJECT: Approve the Road Improvement Agreement for Bixler Road, RA 1112 (Subdivision 8429,Unit 3 of Subdivision 8023)being developed by Hofmann Land Development Company, Brentwood area. DATE: August 14, 2001 PAGE: 2 H. Surety Bond Bond Company: The American Insurance Company Bond Number: 11141714078 Date: August 7, 2001 Performance Amount: $159,400.00 Labor&Materials Amount: $80,500.00 Principal: Hofmann Land Development Company NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2001/ 3 8 8 Bond No.: 11141714078 Development: 84Z C/ {RA It 17-) Premium: $1,435.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along B I iter R-a-d CPA 1)12-) to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. ".%Yea co:L*�Icrl X INSUKAML;t LIU I as Principal and T Wf m5Wporation organized under the laws of the State of Nebraska and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: 1 ot A. Performance: -C7 Dollars($ 15`74 1V 0 0 , le-2 for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: Dollars ($_ 6 -5 -0 0 - 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 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On August 7, 2001 before me, Bernice Elizabeth ONeal,, Notary Public, personally appeared Kathleen Bryant, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed her instrument. Witness my hand and official seal . ..... BERNICE ELIZABETH ONEA COMM. 1189793 NOTARY PUBLIC-CALIFORNIA -rA COUNTY Leo CONTRA cosTA ....... My Comm.Expires June IL,2002I[ 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 to this form. CAPACITY CLAIMED BY SIGNER: Attorney-in-Fact SIGNER IS REPRESENTING: THE AMERICAN INSURANCE COMPANY _*,EM.AN'S FUND INSURANCE COMPAN' NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION 'IME AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OFATTORNEY 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 rcdomwicated 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 C. JENKINS, KATHLEEN BRYANT, CONCORD CA their true and lawful Attomey(s)-in-Fact,with full power of authority hereby conferred in their name,place and stead,to execute,seat,acknowledge and deliver any and all bonds,undertakings,recognizance,,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 attcslcd by the Companies'Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises, This power of attorney 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 Match, 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 seat 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(hereto,by facsimile,and any power of attorney,anytion of any Power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." rn IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice-President, and (heir corporate seals to be hereunto affixed this 25th day of SP_Rt7,P_TnhPr FIREMAN'S FUND INSURANCE COMPANY a+._-.- NATIONAL SURETY CORPORATION 0 THEAMERICAN INSURANCE COMPANY SEPT X*W -SEAL. ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY CE ft44 By .010 STATE OF CALIFORNIA COUNL Y OF MARIN f SS. Outhis-25th day of_1.e9_t2MbRX 199 before me personally,,,, M.A. Mallonee to me known duly sworn,GIG aepose arta say:that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company scats;that they were so affixed by order of the Board of Directors of said companies and that he 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 OCAMPO Commission#1163726 Notcwy Public-Calilf0mid Morin County MyC0rTME4*MNoV2%M0I Nary Pwic — — — — - - CERTIFICATE STATE OF CALIFORNIA Iss. COUNTY OF MARIN 11,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 Vit of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney, am now in force. Signed and sealed at the County of Maria.Dated the 7 t h day of August 2001 WE& L! V 0 Xrj10 lit"WeVA ASSW S=tWy 360789-11_98 ROAD IMPROVEMENT AGREEMENT �, ` Developer: 2t!/li7 4'�d�'rtG?/��1% �e Effective Date: - C_.j Development: / aad 4C_Cc417 4rtce F+A ! U Z Completion Period: I year Road: 5'► X 1-e r R V O-cl THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER: tjo'Cihagtt Gsq td PeVe110m�.t�'- C� Maurice M.Shiu,Public Works Director / By: (signature) (print name&tide) COMM APPR AL /� G By: (signature) g' Bering Services Division (print name&tide) PR VE Victor 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 5313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Devel2ner 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 SECURI 1 Y. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 0 0. O o cash,plus additional security,in the amount of$l5Z7,i' Cho. e o which together total one hundred percent(1000/9)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 86i :SQ 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 cashier's check _4 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 S94-4.408 of the Ordinance Code. 4. GUARANTEE ASND 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 PURPOSE ACKNOWLEDGEMENT State of California ) SS. County of Contra Costa On July 26, 2001, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared A.T. Shaw, personally known to me to be the person whose name is subscribed to 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(s), or entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal D. PANTELES COMM,#1296585 NOTARY PUBLIC-CALIFORNIACON'S Costa County"1 C Comm. EXPOS M21Ch 9,2005-A EMOal Mal' Y 05 UI Signature' My 9,2 Reference: Road Improvement Agreement— Bixler Road Date: July 26, 2001 Pages: 2 ACTION BY THE BOARD OF DIRECTORS OF HOFMANN LAND DEVELOPMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Hofmann Land Development Company, a California corporation, individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution: RESOLVED, that the corporation authorizes A.T. Shaw to execute, in his authorized capacity as CEO/President, any and all documents related to the purchase and sale of real property, any and all documents related to the approval of tentative and final subdivision maps, and any and all documents related to land improvement agreements, such as subdivision agreements, and any and all bond agreements. This consent is executed pursuant to section 307, subdivision (b) of the California Corporations Code, which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Dated: August 1, 2000 Kenneth . a n, Director r Albert T. Shaw, D1 ctor ennon, Director e lei omas A, Whalen, Di Dennis M. Drew, Director Richard L. Greene, Director CERTIFICATION OF SECRETARY 1, Dennis M. Drew, do hereby certify that I am duly elected and qualified Secretary and the keeper of the records and corporate seal of Hofmann Land Development Company, a California corporation organized and existing under the laws of the State of California, and that the above is a true and correct copy of a resolution duly adopted by the Board of Directors thereof, and that such resolution is now in full force and effect, Dennis M. Drew, Secretary Date: