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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-180 LVJ d ��' IIII III III 1 III II IE NII 1111 I NI I IIII I IIII I IEI I 1111 '..3 CONTRA COSTA Co Recorder Office STEPHEN L. UEIR Clerk-Recorder Recordedtostarequest°`` DOC - 200h-0137201-00 Public Works Department Wednesday, MAR 26, 2003 09:34:44 Engineering Services Division FRF $0.09 Return to: Public Works DepaDepartmentTt 1 Pd $0.00 Nbr 0001390869 Engineering Services Division I r e/R 9/1—2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 25,2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO.2003/ 180 SUBJECT: Accepting completion of improvements for Road Improvement Agreement for Road Acceptance 1080(cross-reference Subdivision 7686)and declaring a certain road as a County road for Bixler Road, Byron area. (District III) The Public Works Director having notified this Board that the improvements for Road Acceptance 1080 have been completed as provided in the Road Improvement Agreement With Talisman Realty Group,Inc,heretofore approved by this Board; NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of March 25, 2003, thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT SURETY March 7,2000 The American Insurance Company PE:cw I hereby certify that this is a true and correct copy of an action G:1GrpDatRNEngsvc\BO\200313-25-031RA 1080 B042.doe Orlglnator:Public Works(ES) taken and entered on the minutes of the Board of Supervisors on Contact: Rich Lierly(313-2348) the date shown. cc: Public Warks A--ting T.Bell,Construction Maines(what) T-3-2s-at ATTESTED: MARCH 25, 2003 Recorder(via Clerk),then Records Section CSAA-Cartog JOHN SWEETEN,Clerk of the Board of Supervisors and CHP,cio Al County Administrator Sheriff-Patrol Div.Conmu xler The American Insurance Co. One Market Tower,spear St TowerBy Deputy San P CA 94111 - U Hoffiratnn Land Development aka Talisman Realty Group 1380 Galaxy Way Concord,CA 94320 RESOLUTION NO.2003/ 180 SUBJECT: Accepting completion of improvements for Road Improvement Agreement for Road Acceptance 1080(cross-reference Subdivision 7686)and declaring a certain road as a County road for Bixler Road,Byron area. (District M) DATE: March 25, 2003 PAGE: 2 BE IT FURTHER RESOLVED the payment(labor and materials)surety for$535,200.00, Bond No. 11119463567 issued by The American Insurance Company be RETAINED for the six month lien guarantee period until September 25, 2003, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the widening of Bixler Road is ACCEPTED and DECLARED to be a County road;the right of way was conveyed by separate instrument,recorded on March 23, 2000, in Book 418 of Maps on page 26. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$10,700.00 cash deposit(Auditor's Deposit Permit No. 344117,dated January 24, 2000) made by Talisman Realty Group, Inc., and the performance/maintenance surety for $1,059,700.00, Bond No. 11119463567 issued by The American Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until released by this Board. RI±SOLU 110N N0. 20031180 ` ROAD iMPROVEMENT'AGREEMENT Road: (L't~ l Developer. tl5M(W Al LOA1 IT)APIn Effective Date- Development Completion Period: THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO•. CQ=A g0STAUhn DMLOPER: (Name and Tide) J Michael Walford Public Works Director d 0 %l..l /R,67.5'/Ae,,'7- RECOMMEN ED POR APPROVAL: Y. Engineering Servkms Division FORM APPROVED: Vk*or J.Weatman, County Counsel (NOTE: AN slflnatures to be acknowteQed. If Subdivider is In- corporated, matures must conform with the designated repre- sentattvs groups pursuant to Corporations Code 8313.) 1. PAR336j A„ . Effective on the above date,the County of Contra Coats, California. hereinafter called Tou "and the above-mentloned Deffilocer.mutually promise and agree as follows conarming this development 2. 7MVIBM Developer agrees to lister carhln road Im snts(both putdo and private),drainage Improvements,s1 Brest§***0 hr r nts, ar and such other Improvements dktg arrt equipment)se required In the �+evement� for this desverlopmerrd as revirmW on fife with the Contra Code County PubNo orks Department and In oonformance with s Contra oats County Ordinance Code(inducing future amendments thereto). Deveeloper shat wmplab odd work and Improvements(handnelter called"work")wfthM the above completion period from Bats hereof In a good workmanlike manner,in accordance with soeoptod construction and In a manner equal or superior to the requirements of the County OrdManoe Code and rulings made thereunder,and where we N a conflict between the Improvement plans and the County Ordinance Code,the stricter requirements shell gmem. 3, FCS• Upon wouft this Agreement the Developer shy,pursuant to the County Ordinance Code,provide as security to the county. A m • $ 10,100 plus addidond security,M the amount of$/4 ZOO whichtogether toted one hundred percent of the setimstaCcost of the work. Such additional seourity is presented in the form or Cash,certified check or cashiers check. Acoeptable 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 Iia completion and acceptence against any defective workmanship or materials or any unsatisfactory performance. E. Security In the amount of SL3l j which Is filly gement(50%)of the estimated cost of the worts. Such security is presented In the form of: Cash,certif<ed check,or cashier's check Acceptable corporate surety bond. Acceptable Irrevocable tetter of credit With this se wrfty,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. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securdies may be reduced In accordance with S84-4.408 and S94-4.408 of the Ordinance Code. 4 O -WOR, Developer guarantees that said VP shall be free from defects In material or worknum chip and perform satidectorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete In accordance with Article 06 4.6,"Acceptance",of the Ordinance Code. Developer 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. S,('ABUSHMEM W4#2K D agrees to�establishment work for landscaping Installed under this agreement. Said plant establishment work snag ' "dA adequately wadeft 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 astabUshmentwork shall be performed for a period of one(1)year from and after the Board of Supervisors aoeepte the work as complete. 8. D warrants the improvement plans for the work are adequate to accomplish the work ON on nn as r r e Cond ons of Approval for the development If,at any time before the Board of Supervisors accepts the work es complete or during the one year guarantee period,said Improvement pians prove to be Inadequate In any respect, Developer shall make whatever changes are necessary to accomplish the work as promised. 7. ByeInspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or smmp of the County cticating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whois or any part of said work arWor m or payments,therefor,or any combination or all of these acts,shall not relieve the per of his obligation to tilt this agreement as prescribed;not 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. INDBMNfTY: Developer shall hold harmlese and Indemnify the Indemnitees from the liabilities as defined In fhb section: A. Thebon~bonand protected by this promise are the County,and Its elective and appointive boards, commbalons,ofl�ers�,sgenta,and employeee. B. The again t are any liability or cpm for damage of arry kind allegedly suffered,Incurred or threatened because of actions defin ,wW hrdudting personal injury,deathdamage,Inverse condemnation,or any oombination of these,and regardless of�or not such ab ft,claim or damage was u, opauty bre at any time before the County reviewed said improvement pians or accepted the work as complete,and including the defense of any out"),action(s),or other procseding(s)concerning said liabilities and dalms. C. Theare any act or omission(negligent or non-n nt)In connection with this matters covered by this Agreement and sUrbutable to the Developer,contractor,subcontractor,or any officer,agent,or employee of ons or more of them; D. The promise and agreement In this secd on are not conditioned or dependent on whether or not any lndemnitee has proper ,sup ,or approved any plans)or speciftation(s)In connection with this or has insurance or other indemntikcrtion covering any of these matters,or that the allegedi damage resulted partly form any negligent or wWtd misconduct of any Indemnity. 8. Developer shall pay when due,ail the costs of the worrk,Including kapscdons thereof and relocating existing unities required thereby. 10. NQN-P [SFORMANCB AND CPSTS: If Developer falls to complete the work within the time specified In this Agreement, and subsequent ebnftw,or rasa to maintain the work,the County may proceed to complete andlor maintain the work by contract or otherwise, and Developer agrees to pay all costs and charges Incurred by the County(Including,but not limited to: englasering,Inspection,sum", contract,overhead,etc.)Immediately upon demand. Developer hereby conwft to entry on the development property by the County and Its forces,Including contractors,In the event the County proceeds to complete andtor maintain the work Onm action is taken by County to complete or maintain the work,Developer agrees to pay all costs Incurred by the County,even if Developer subsequently completes the worts. Developer sue to compel performance under this Agreement or th recover costs Incurred th completing or mining the work, a agreestly proceedspayth�mpmtste tlYe work d all other expenses of Migation Incurred by County In connection therewith,even If Developer subseq11. hNC0REM&JKUMWMTI2H. If,before the Board of Supervisors accepts the work as complete,the development is Included in taff"incorporated of asci said as a city or annexed to an existing city,the County's rights under this agreement andlor any deposit,bond,or letter Developer,who shall htsthe terms of this agreement as thoughbe tanstarred to the now or annexing doper huch ead coantadted withhow d erights of a thlrol party the city orlonallyr a against 12. In consideration hereof: (Check applicable sedtion(e)) County shell slow Developer to obtain building permits for said development,assuming it fully compiles with other applicable regulations. County agrees to accept the rood(s)Into the County-maintained road system,atter the Improvements are complete. Other(requires County Counsel approval) g* n9Svc\AGiAG:24e(10194) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) SS County of Contra Costa } On 1/20/00, Elizabeth A. Stagner, 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 the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Et 1 CAOER MM. 1166827 V0TAW pU$UG.caLffRwuA Signature d. M CONTRA COSTA Jn23.COUNTY3 (Seal) Name of Document: Bixier Road — Road Improvement Agreement Date: February 15, 2000 Number of Pages: 2 s ACTION BY THE BOARD OF DIRECTORS OF TALISMAN REALTY GROUP, INC. BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Talisman Realty Group, Inc., 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 be the sole signator for the execution of any and all subdivision maps for the corporation. 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: July 28, 1999 Kenneth H. fiolm nn, Director Ibert T. Shaw, D or C-- Dennis M. Drew, Director M r Bond: 11119463567 Premium: $9,537.UO IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (performance, Guarantee, and Payment) (California Government Code §§ 66499 . 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage and other improvements on, or along B i x1 er Road to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION: TALISMAN REALTY CROUP, INC. DBA: HOF'MANN., LAND DEVELOPMENT ,asPrincipal,and THE AMERICAN INSURANCE COMPANY , a corporation organized existing under the laws of the State of Nebraska and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance: ONE MILLION FIFTY NINE THOUSAND SEVEN HUNDRED AND NO/100------- Dollars ($ 1,059,700.00 )for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: FIVE HUNDRED THIRTY FIVE THOUSAND TWO HUNDRED AND NO/100------------ Dollars ($ 535, O .O0 ) 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, his or its heirs, executors, administrators,successors or assigns, shall in all things stand to and abide by, amd 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 famished 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 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 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 road Improvement 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. 4. SIGNED AND SEALED: The undersigned executed this document on February 15, 2000 TALISMAN REALTY GROUP, INC. DSA: PRTNCIPAL:HOFMANN LAND DEVELOPMENT SURET — THE AMERICAN INSURANCE COMPANY 1380 Galaxy Way One Market Plaza, S ear St. Tower Address: Address: City: Concord, CA 94520 City. S n Fra sc , CA 11 By: L By: Print Name: r � 7• !/si Prin Name: Kathleen Bryant, Title: / ' r` Title: Attorney-in-Fact :mw i\PW31\SHARDATA\GrpDatitEngsvc\Fomsu\BN WOR]MN-9.doc Rev.Iwm 17,1999 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On February 15, 2000 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 ERNICE ELIZABETH ONEA 9B1my COMM, 1189793 NOTARY PUBLIC-CALIFORNIA CONTRA COSTA COUNTY Comm.Expires June 11,2002 ■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr� OPTIONAL ■■rrrrrrrrrr a rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr� 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 REPRESEN'T'ING: THE AMERICAN INSURANCE COMPANY FIREMAN'S FUND INSURANCE COMPA*'Y NATIONAL SURETY CORPO ASS }TED INDEMNITY CORPORATION THE AMERICAN INSURANCE . , MPANY AMERICAN A MOBILE INSURANCE COMPANY GENERAL POWER OI+AT WRNEY KNOW ALL MEN BY THESE PRESENT'S:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticattd 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,seal,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof -------.W----_,..,_,,,,,,_,«.,,_„„,,„,,_„—^,,,,,,,,__ip------w--®— and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,scaled 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. Thlaof attorney Is granted under and by the authority of Article Vll of the By-laws of FIREMAN'S FUND INSURANCE COMPANY,NATIONAL SUR COR� ETY TION, 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 h siggnneded and staled 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 ata meeting duly called and held,or by written consent,on the 19th day of,Mamh, 1495,and said Resolution has not been amended or repealed; "RESOLVED,that the signature of any Via-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 qny certificate misting thereto,'by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companits.” IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice-President, and their corporate.seats to be hereunto affixed this 2 111__ day of^ September �atarrrr �Msrra aG av,€LF FIREMAN'S FUND INSURANCE COMPANY \y�,,•••==,�'p+ ,,\'t's'"""'•, tis" r:*' d_ NATIONALSURE7'YCORPORATION `f THE AMERICAN INSURANCE COMPANY ahaw AIRM ` ` €a Z.4 ASSOCIATED INDEMNITY CORPORATION ) 'AMERICAN AUTOMOBILE INSURANCE COMPANY By - STATE OF CALIFORNIA .h MuNTY OF MARIN ss. Oa this day of �eoth�mbe'r ,Irefohxt mo personally rams M.A.MaXtotlee to me known,who,bung by me :red his aamo t►►erew by like order. IN WITNESS WHEREOF;I have hemunto set my hand and affixed my official set .dw day and yea herein first above written, LOCAMPO Cornrnkston# 1163726 Notary Public r Ctalifomia, Mata Cot iri* @WC0rTM80ftNoV28,2X1I t tette - CRR'tMCATE STATE OF CALIFORNIA COUNTY OF MARIN I.the underalgaed,Resident Assistant Secretary of each company,DO HEREBY CERTIFY that the foregoing and att&cW POWER OF ATTORNEY remains in full force and has asst born revolved;and furthertttvt t&g Article ViI oC the By-laws of emh c company,and flte Restrluthre of the Board of DIresctong set forth in the Power of Attormy, art now In fora. Siped and m"at tit County of Maria.Dated the 15 th day of Feb ruary , 2000 ah;sarrl 6t��Ya rt°Y yy�� ��\,•far ys$Oy �\ s+r M,y� � '� JAI '"�as'La+pa few w-1 Sri 4"`- s+r�. a k too 'ICYfS0 lrsiktMrAiilslYtSPat:tKy « .nN/9l"JLJ"� CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California } SS County of Contra Costa } On 1/20100, Elizabeth A. Stagner, 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 the persons), or the entity on behalf of which the person(s) acted, executed the instrument. aIZABETH A. STAGNER WITNESS my hand and official seal COMM. 1166827 INOTARY PUBLIC-CALIFORNIA ONTRA COSTA COUNTY - Comm.Expires Jen,28,2002 IL Signature g&6C 61 (Seal) Name of Document: Bixler Road -- Road Improvement Bond Date: February 15, 2000 Number of Pages: 2 t • # a # MIN MIN t t f t # t # # • t � } • 4 s # t # # A # tt * # ME # # # • s • * t t t t t Y r 1 • Y } ! i. ..� «R Trust Fund 831000-0800 Total $57,526.06 G#1006689 $51,668.00 RA 1080 Inspection Deposit, Talisman Realty Group, Inc., PO box 758, Concord, CA 94522 Ar . G#1006338 $5,858.06 RA1090 Inspection s v;�), ( :ref Country Club at Gale Parcel), Shapell Industries of No. Calif., PO Box 361169, Milpitas, CA 95035 Trust Fund 819800-0800 $10,700.00 G#1006689 RA1080 Performance Bond, Talisman Fealty Group, Inc., PO Box 758, Concord, CA 94522