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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-301 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 14, 2002 by the following vote: AYES: SUPERVISORS GERBER, UIL(EM, DESAULNIER, GLOVER, AND GIOIAf' NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION.NO. 2002/3 01 SUBJECT: Approve the Road Improvement Agreement for Bixler Road Extension RA 1109 (Subdivision 8023) by Hofmann Land Development Company, Brentwood area. (District" The following document was presented for Board approval this date for Bixler Road (extension) located in Supervisorial District III, Brentwood area. A road improvement agreement with Hofmann 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. This agreement will supplement the existing agreement approved by this Board of August 7, 2001. Improvements generally consist of road widening and placement of curb,sidewalk,streetlights and drainage improvements along Bixler Road,to be extended north to the ECCID Canal. I hereby certify that this is a true and correct copy of an action taken G.\(3rpDaa\EngSvc'Bo\2002\5-1"2\RA 1109 BOA= and entered on the minutes of the Board of Supervisors on the date CL:lad:cw:sr originator: Public Works(ES) shown. Contact: Chris Lau(313-2243) cc: Pubic Works- T.Bell,Construction Current Planning,Cotrununity Development ATTESTED: MAY 14 , 2 0 0 2 T y rmu 03 JOHN SWEETEN,Clerk of the Board of Supervisors and County llofmann Land Development Company p 1380 Galaxy Way Administrator Concord,CA 94320 St.Paul Fire and Marine Insurance Company Attn:Kathleen Bryant One Market Plaza Spear St.Tower By ,Deputy San Francisco,CA 94111 RESOLUTION NO.2002/. 3 al SUBJECT: Approve the Road Improvement Agreement for Bixler Road Extension RA 1109 (Subdivision 8023) by Hofmann Land Development Company, Brentwood area (District III) DATE: May 14, 2002 PAGE: 2 Said document was accompanied by the following: Security to guarantee the completion of road and drainage improvements as required by Title 9 of the Geunty Ordinance Code, as'follows: L Cash Bond Performance Amount: $2,000.00 Submitted by: Hofiinann Land Development Company Taxpayer I.D.No. (Federal 68-0419482) and (State 02118258) Auditor's Deposit Permit No. and Date: DP 385229, April 23, 2002 II. Surety Bond Bond Company: St. Paul Fire and Marine Insurance Company Bond Number and Date: SP9457,May 14, 2002 Performance Amount: $185,600.00 Labor&Materials Amount: $93,800.00 Principal: Hofinann Land Development Company NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/301 r ����� / >znAD 1MI'ROV MLN AGREEMENT Developer: _no r'Wat ox I-Pn+ri Effective Date: Development: RA 1/O c7 : ` 2 1-2 E34, -fie Z+55.3,0)Completion Period: 1 year Road: B;xl2r fZo�, EXffirl�r�on� THESE SIGNATURES ATTEST TO THE PAR'T'IES'AGREEMENT HERETO: CONTRA COSTA COUjNTYDEVELOPER : Na- rxaylit Zo-el /DeYe1rf xen` Co Maurice M.Shin,Public Works Director By: {signature) i y (print name&title) A Ott er vnJ, f f C,>I'd t e L O By: {signature} eering Services DIvision (print name&title) FORM AFFR Victor J.Westman,County Counsel (NOTE: All signatures to be acltnowledged, If Subdivider is incarpontted,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 Doveloper 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 She 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 SEQMTY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For kcrfo _ace and Guarant e: S Z 00 40 • e p cash,plus additional security,in the amount of S 18:5 which 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 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 Pa ant: Security in the amount of S r which is fifty percent(SO%)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 S44-4.406 and 5944.408 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-PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Contra,Costa ) On April 19, 2002, before me, Sandra K. Curran, 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 the within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument 04e person(s), or the entity on behalf of which the persons(s) acted, executed the instrument. WITNESS my hand and official seal ...... SANDRA K. CURRAN Comm.#1289518 01myNOTARY PUBLIC•CALIFORNIA �+ Signature Contra Costa Coum� Comm.Expina l�iarch9,2M ■■rrrrrrru rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr Reference: Road Improvement Agreement Bixler Road (Extension) RAI 109 (Sta.2+284.8 to 2+ 553.0) Date: April 19, 2002 Pages: 1 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, indivWtialiy and collectively consent, by this writing, to take the following actions, to adapt the following resolution: RESOLVED,that the corporation authorizes A.T. Shaw to execute, in his authorized capacity as CEO/Pmeldent, any and all documents related to the purchase and sale of real property, any and all documents related to'" 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 seoWn 307, subdivision (b) of the California Corporations Code,which authorizes the taking of aotion of the Board of Directors by unanimous written consent without a meating. Dated: August 4, 2000 Kenn etfi a n. Director Albert T. Shaw, Dl or ennon, Director 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 eluted 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: -710 D1EPUi1T Pl�MIT � L1.�' OFFICE OF COUNTY AUDITOR-CONTROLLER TCS THE TREASURER: MARTINEZ,CALIFORNIA �,RECEIVED FROM ORGANIZATION NUMBER—q0(� rg Q Ll { C. (Far Cash Collection Procedures we County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB, TASK TION ACTIVITY AMOUNT ACCT. Dtr 1 - � c sod S i 110 b. Dma5LAw 6 Z66 a � � b ; c: - D i EXPLANATIt"71 r.V TOTAL S . `C DEPOSIT ' Deposit caWsh of the folowir4 ill . COIN and CURRENCY S CHECKS,M.Q.ETC. 5 BANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP- NUMBER DATE ASSIGNED The amount of money described above is for Treasurers mceipt of above amount is approved. Receipt of above amount is hereby deposit into the County Tr usury. acknowledged. 9g.& - Dote 57' retro:: t7 i? x�'�VL-XT. 2 :. � u Coun for Signed: Deputy County Treasurer D-34 REV.(7-93) 819800-0800: 61092502/ $2,000.00, Flood Control Permit 636-01 Cash Bond, Delta Diablo Sanitation District, 2500 Pittsburg Antioch Highway, Antioch, CA 94509 8198001-0800: G10925031 $2,000.00, RA1109 Performance Cash Bond, Hofmann Land Development Company, 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1092504, $4,500.00, SUB 8432 Performance Cash Bond, Hofmann Land Development Company, 1380 Galaxy Way, Concord, CA 94520 000649-9665 / 831000: G109250311 RA1109, Hofmann Land Development Company, 1380 Galaxy Way, Concord, CA 94520 Road Acceptance Review: $1,000.00 Road Acceptance Inspection: $11,942.00 Bond No.: SP9457 Dervelopmea '4- '4t 3RA 116 q Premium: $1,670.00n5t Z►r7 - IMPROVEMENT SECURITY BUND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agree ent) with the County to install and pay for street, drainage and other improvements on, or along 83 2 ��� to complete said work within the time specified for completion in the Road Improvement gcordance with State and local laws and rulings. 2. OBLIGATION: 14a-.4;W ct It .G.gyn P7 ve to owe l- a n- ,as Principal and ST. PAUL FI al H66 )d under the laws o the State of Mi nnesota► and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: t A. Performance: 0.4e ZlvAe r t`g �'�✓ ' o,�scr�c i v r; l Dollars($ 8 ', & +�t�. °°_)for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: Nr A y rt e ,moo 4 3 ar A ���__�q,�t��•�i>.++��t" .Dollars ($ 73 . C! t)C9, °O 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. 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 fees,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.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 furnished,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 bond,will pay,in addition to the fact amoun thereof,reasonable costs,expenses and fees,including reasonable attorneys 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 Cade of the State 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 effect. C. No alteration of said Road Improvement 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 May 14, 2OO2 HOFMANN LAND DEVELOPMENT COMPANY ST. PAUL FIRE AND MARINE INSURANCE PRINCIPAL: SURETY: COMPANY Address: 1380 Galaxy Way Address. One Market Plaza, Spear St. Tower City: Concord, CA , 94520 City:6Name: a co, C 4111 By: By: Kathleen BryranPrint blame: A � / • S ��� Print —-- Title: PRE-51b r-Ar Title: Attorney-in-Fact :g2 Deta\En :\For=\BN WORDSN-9.anc �C,to✓�!R::�f;'",�"%�C`�^��:�"'�T$'�r".c-t`C'�K'a r�s�q ^,�Si,`��,.�4%.,�^xG"�'S"s3"�{`-� :��. � " .' �ri:.. .Y'.i�r'.:�_ ^�,r.-^++�€��s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1:11 Mate of California ss. County of Contra Costa c On 5/14/02 , before me, Sandra Fredrickson , L Date Name and Tnle of Officer(e.g.,"Jane Doe,Notary Pubilcj z` personally appeared Kathleen Bryant , i� Name(s)of Signer(a) f] personally known to me.. 0 proved to me on the basis of satisfactory i evidence to be the person whose name0o ist#e ' subscribed to the within instrument and Y acknowledged to me that lFK4shelfty executed the same in Pft ther>tfr authorised '` SAN=FREDRICKSONKS{3h capacity(i*), and that by MWherlt,�ir U 9a signature( on the instrumen#the person, orNorAFORNIA the entity upon behalf o€which the personojCONUN i"Yt COM6,2004 I acted, executed the instrument. t K WITNESS my hand arol,official seal. c L� Piece Notary Seat Above 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. t Description of Attached Document Title or Type of Document: i i Document Date: Number of Pages: t Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: 'I 1 ❑ individual Top of thumb here 0 Corporate Officer—Title(s): 0 Partner---©Limited ❑General r )(X Attorney in Fact Trustee 0 Guardian or Conservator r © Other: Signer is Representing: ST. PAUL FIRE AND MARINE INSURANCE COMPANY d 1888 N"onel NetW Anocistion•9350 bs Soto Ave.,P.O.Box 2442-Ch*gworth,CA 913132402"www.naftwkatW.wg Prat.No.SW7 Aeonisr:Cell TWt-Free 1-80047"W .yt PaUI POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power of Attorney No. 20396 Certificate No. 1019238 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of,the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Kathleen Bryant and James C.Jenkins AW Concord California of the City of State__ their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertaking eRulre"a or, itted ingy actions or proceedings allowed by law. - 1st December — 1949 IN WITNESS WHEREOF,the Companies have caused this instrumervci;'Wst e a seal day of Seaboard Surety Company VInited States Fidelity and Guaranty Company St.Paul Fire and Marine ins�i eo ply 5' Fidelity and Guaranty Insurance Company St.Paul Guardian Tnsurartc#tt fit S1, Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Cp * �' F O*iOR4yy}~ �pl1i'OAq)p:�l 1927 t0M"'� ° ° 1'°010°a 10H N R PHR4NEY,'Vie*Ftatidwa ,��� �*► ,y sxxiN � ��,sat<��� tis 1977 craw is x ' "• ArNN� t State of Maryland City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this 1"'t day.of December 1999,before me,the undersigned officer,personally appeared John F.Phinney and Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.,and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. A44-J^ In Witness Whereof,I hereunto set my hand and official seal. �'Crgl 'r My Commission expires the 13th day of July,2002. �+ita�0tr4�, REBECCA EASLEY-ONOKALA,Notaty Public �=6203ev.7-2000 Printed in U.S.A. S w This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.'Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so exe- cuted and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached,and RESOLVED F'URT'HER,that Attorneys)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in•Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. i,Thomas E.Huibregtse,AssistAT Secretary of Seaboard Surety Company,St,Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I hereunto set my hand this Y1t day of May 2002 34Y1E'Ty 1M1yK o'�*.tR$G9 4�,Rsu„y; s1yYY,1/� �tC� �. 1277 1 / 951 Thomas E.Huibregtse,Assistant Secretary To verify the authenticity of this Power of Attorney,call 1-800-421=, anW0d 1 a y}"a0 tlhe 'O u�'Atto�tey clerk. Please refer to the Power of Attorney number, the above-named individuals and the details of the band to whici&po , attar k.