Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-397 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 17, 2003,by the following vote,-- AYES: otedAYES: SUPERVISORS GIOIA,.. UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO.20031397 SUBJECT: Approving the Improvement Warranty Agreement for Road Acceptance 1079 (Newport Drive, cross-reference Subdivision 7686),being developed by Hofinann Land Development,Byron area(-District M). The following document was presented for Board approval for Road Acceptance 1079 (Newport Drive,cross-reference Subdivision 7686)property located in the Byron area,Supervisorial District Ili. An Improvement'Warranty Agreement with Hofmann Land Development,principal, whereby said principal warrants that the curbs, along with adjacent pavement and sidewalks, installed on profile slopes less than 1%,were otherwise constructed,installed and completed in this development in a manner equal or superior to the requirements of the County Ordinance Code, Title 9. Principal also guarantees that the aforesaid development improvements are and will be free from defects and will perform satisfactorily in accordance with County Ordinance Code; and developer shall maintain the improvements for five years after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance,particularly ponding of storm water in gutters. Ps:cw I hereby certify that this is a true and correct copy of an action taken G.%GTDztsT3r gSW%0\2W3vs-t7-03aA 1079 130-15. and entered on the mirlutes of the Board of Supervisors on the date originator Public Works(ES) shown. - Cowact: Patricia Ldwardr(313-2358) cc: Pubic Works- T.Bell,Construo#iott ATTESTED: JUNE 17 , 2003 H.Fincb,Mabbriswe JOHN SWEETEN,Clerk of the Board of Supervisors and County B.C2ri=6 Accounting T—5/17104 Administrator Current Plsmun8,Commmity Development HoSmnn Lend Devolapment 1380 Galaxy Way Concord,CA 94520 Deputy St Paul Fico and Marine bsurance Coupany $� r`"1'1}`3 One Market Plaza,Spear Street Tower San Francisco,CA 94111 RESOLUTION NO. 2003/ 397 SUBJECT: Approving of Improvement Warranty Agreement for Road Acceptance 1079 (Newport Drive, cross-reference Subdivision 7686),being developed by Hofmann.,,. Land Development,Byron area.(District III)_ DATE: June 17, 2003 PAGE: 2 Said document was accompanied by security,guaranteeing all improvements as stated in said agreement and required by Title 9 of the County Ordinance Code, as follows: 1. Cash Bond Performance Amount: $1,000.00 Auditor's Deposit Permit No.DP 396482 Date: November 25,2002 Submitted by: Hofiinann Land Development Taxpayer identification number: 68-0419482 Il. Surety Bond Bond Company: St. Paul Fire and Marine Insurance Company Bond Number and Date: JX5786 August 6, 2002 Performance Amount: $44,800.00 Labor&t Materials Amount: $22,900.00 Principal: Hofmann Land Development ` NOW, THEREFORE, IT IS RESOLVED that said improvement warranty agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/397 I FOR ,`, / fiat. !► kyll �Fjpo'W4 0 'no =MLIMMIM MEN LIMMIMMILIMI MIELIMMIM MATIMMIMMI E)e,)(.'Sit . . COINoWCURRENCY OIL CHECKSSN M04 DEPOSITSBmK FOR AUWOR-CONTROLLER USE 0MY' DEPOSrr PERMIT , D' NUMBER DATE �. ♦ MIIE_ D" m-m,l,,I. 00649-96651831000: 61108327, $23,000,00, DA 0016 Plan Check (Civil), Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 _ 000649-9665 / 8310004 01108328, $24,514,00, SUB 8698 Plan Check (Civil), Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 8310004 01108329, X425,00, SUB 8698 Map Check Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 8310004 G1108330, $10,204.00, RA 1130 Landscape Improvements Plan Check, Brookfield Ambridge, LLC, 5960 Inglewood ©rive, Suite 200, Pleasanton, CA 94588 000649-9665 / 8310004 61108331, $5,361.00, SUB 8394 Inspection Deposit, Kenneth I. ,& Halina C. Repp TR, UA 03-17-1999 Kenneth I. Repp & Halina C. Repp Trust, 173 Vernal Drive, Alamo, CA 94507 819800-0800: 01108325, $1,000,00, RA 1079 Cash Bond for 5 Year Warranty Agreement, Hofmann Land Development, 1380 Galaxy Way, Concord, CA 94520 819800-08004 01108325, $1,000.00, RA 1080 Cash Bond for 5 Year Warranty Agreement, Hofmann Land Development, 1380 Galaxy Way, Concord, CA 94520 Development: Road Acceptance RA 1079 Bond No.: JX5786 Premium:,$376.04- SEC'URrff BOND FOR IMPROVEMENT WARRANTY AGREEMENT 1. REcrrAL of IMPROVEMENT WARRANTY AGREEmN : Principal has executed an improvement warranty agr maga w thpthe Ca antra Costa to maintain and repair curbs and ether affected improvements for occe anCe-9i4al's expense for a period of five years, as specified in the improvement warranty agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the final map for said subdivision. 2. O�LtGATzoN: HOFMANN LAND DEVELOPMENT COMPANY as ipal and ST. PAUL FIRE AND MARINE INSURANCE COMPANY a corporation organized and existing under the laws of the State of Minnesota 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: A. Performance and Guarantee: FORTY FOUR THOUSAND EIGHT HUNDRED AND NO/100--- Dollars( 44,800.00 ) for Contra Costa County-or any city assignee under the above improvement warranty agreement. B. Payment. TWENTY TWO THOUSAND NINE HUNDRED AND NO/100________________= DoW $22,900.00 )to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Cade of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that ifthe above bonded principal, or principal's heirs,executors,admini,3trators,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 keptand 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.othenpersons employe&inthe perfbr`mance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials fiucnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said 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 amount thereof,reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)m 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)ofPart 4 ofDivision 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 work under 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 improvement warrenty agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall.relieve the surety from liability on this band, and consent is hereby given to make such;alteration without fiuther 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 the principal whenever taken. SIGNED AND SEALED on August 6, 2002 HOFMANN LAND DEVELOPMENT COMPANX ST. PAUL FIRE AND MARINE INSURANCE PRINCIPAL: SuWTY: OC MPAN Y Address: P.O. Box 758 Address. One Market Plaza, Spear St. Tower City: Concord,` CA Zip: 94522 City S--/ Fra o, CA 94111 By: y. B . Print Mame: Print N e: Kathleen Bryant Title: Title: Attorney-in-Fact t3: 3 sftl clPattyFcFt2002�TuaaU Isco Bay Wmnmty Ap t Sond&c CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California } ) SS. County of Contra Costa ) On July 22, 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 the person(s), or the entity on behalf of which the persons(s) acted, executed the instrument. WITNESS my hand and official seal SANDRA K. CURRA , Comm.#1296579 Signature_ �`- ,+— ContrTARY a}Cost$Ct CALIFORNIA V1 Llpmy Comm,Expirtt Mach wrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr:rrrrrrrrrrrr� Reference: Security Bond for Improvement Warranty Agreement Road Acceptance RA 1079, Contra Costa County, Bond No. JX578B Date: July 22, 2002 Pages: 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Stag of California County of Contra Costa On August b, 2002 before me, Sandra Fredrickson, Notssy 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 WSA�HDRA �CKSON' MM.S 12673ft PUMM-0ALIFORWp A C OSYA COLNTY ECP.DEC.16,2W4 � � �rwrwwrrwwrrwwrrrwwrrwwrwwrrrrwwwwrwwrrwswwwww�rswsrrawsrwrrrwwwrrwwwrrrrsww v OPTIONAL ,rrsrwrrrrrrsssssrwrwwsrsrrrrsr:rrrrerrrrrrrrrrs■rwrrrwwrsrsssrrssr•srwssrss 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: ST. PAUL FIRE AND MARINE INSURANCE COMPANY 71ie Paul 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"'1260631 a1260631 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 of the City of Concord ,State California their true and lawful Attorneys)-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 undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrumento be signed aid-sealed3lus l st day of DeceJnt�er 1999 instrument ae r Seaboard Surety Company =United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance-Company Fidelity and Guaranty Insurance Ctmtpany St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Comp r. t ! ern , y►a�+, si JOHN F.F'i'[INIwiEY,Vice President State of Maryland City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this lst 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. A�-D In Witness Whereof,I hereunto set my hand and official seal. oo My Commission expires the 13th day of July,2002. ' ,� REBECCA EASLEY ONOKALA,Notary Public 88203 Rev.?-2000 Printed in U.S.A.