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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-670 THE BOARD OF SUPERVISORS OtCONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 4, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER and DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2003/670 SUBJECT: Approval of the Subdivision Agreement for Development Plan 3057-02, Branch Creek Vista, being developed by Fairfield San Ramon South, L.L.C., San Ramon (Dougherty Valley) area. (District III) The following documents were presented for Board approval this date: 1. Subdivision Agreement A subdivision agreement with Fairfield San Ramon South,L.L.C.,principal,whereby said principal agrees to complete all improvements for Branch Creek Vista as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: A. Cash Bond Performance amount: $22,050.00 Auditor's Deposit Permit No. 411278 Date: September 4, 2003 Submitted by: Fairfield San Ramon South, L.L.C. Tax ID Number: 33-0778277 B. Surety Bond Bond Company: Insurance Company of the West Bond Number: 2084788 Date: August 27, 2003 Performance Amount: $2,182,850.00 Labor&Materials Amount: 1,102,450.00 Principal: Fairfield San Ramon South, L.L.C. Originator.Public Works{ES} I hereby certify that this is a trite and correct copy of an action Contact: Teri Rie(313-2363) taken and entered on the minutes of the Beard of Supervisors JC:BPP G:\GrpData\Eng5vc\BOt2003111-44-43\DP 3057.02 B0-ZLdoc on the date shown. cc: Public Works—T.Bell,Construction J.Gray,Eng Serv. Current Planning,Cormnunity Development T v-July 7,2004November 4 2003 Fairfield San Ramon south,L.L.C. ATTESTED: Clarke McDaniel JOHN SWEETEN, Clerk of the Board of Supervisors and 5530 Morehouse Drive,Suite 200 County AdministratorSan Diego,CA 92121 Insurance Company of the West Michael H.Prapels 11445 El Carnino Real San Diego,CA 92186 By -z. ,Deputy RESOLUTION NO.2003/ 0 SUBJECT: Approval of the Subdivisiot Agreement for Development Plan 3657-02, Branch Creek Vista, being developed by Fairfield San Ramon South, L.L.C;, San Ramon (Dougherty Valley) area. (District IIT) DATE: November 4, 2003 PAGE: 2 NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said subdivision agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION 2003/670 DEPOSIT PERMIT ""' f j OFFICE OF COUNTY AUDITOR-CONTROLLER `` 1 `tu ' TO THE TREASURER: MARTINEZ,CALIFORNIA j RECEIVED FROM ORGANIZATION NUMMI tN«+i (Far Cush Collection Procedures ser Covntj Administrator's Bulletin io5.) DESCRIPTION RM/ORG. AC�TC TASK TION ACTIVITY AMOUNT s � ==�' 7 5 16-,640 8 39 ,150 i 136),40 k4o<0 i r,"Pee,�. . . . . . fiev 96 Z,;L) :(116 F9 _ = x _ T ZC�r11d iC) i 500 e�o i 4 c� )-34 dOZ1664 ' ' W"Id 71 C . i I r K) 27 !MON: ,st TOTAL $ �/ i r I/// � —C 11� -+' DEPOSIT Ti 317 i Deposit consnts of the Mining ire/..I5- t'TtiJ s f ACSI ie) COINondCURRENCY $ CHECKS,MO,ETC. (7 BANK DEPOSITS S L? 3 t 6 9-(-7T-47 FOR AUDrTOR-CONTROLLER USE ONLY f= ( +'" >`w ` G' b 3{ // /r tPjrsr DEPOSIT 1 _ e lP 1 s-3 S- , I q is? 439 /o/6-2 /9 PERMIT DP NUMBER .2 Ll N_3 (4 6/9jC.[Cl ff,2 61q i art rz DATE 411278 S 4 � .rt '( rad: I0t3! 4'6 t� �',�� � ASSIGNED The amount of money described above is for T urer"s receipt of above amount is".oppiwedReceipt of above amount is"hereby deposit into the County Treoasur)6 ackrawledged $i EL .,.k' Cr7< Date_ Title Zr1,K-1,WW1�T. VD/ .�i Deputy County Auditor Dwutr ow Teras r D-34 REV!(7-43) r DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER. MARTINEZ,CALIFORNIA RECEIVED FROM 0 r.� i ) ORGANIZATION NUMBR- (For Cash Collection Procedures we County Administrator's Bufetin 101) DESCRIPTION FUND/ORG AC C 8T TASK OPTION ACTIVITY AMOUNT .. W771 / ` IM/f F "rev 9/ V f�✓fJ 4 r`�' /O / 1�� Rz 1111 ILI 793 � l3 -55 EXPLANATION. �g,�j /? f} I-`� 7 ,1 //;4!3 f� ! TOTAL $ C S - 3 2 ,7 79 t:9 DEPOSIT Deposit consists of the follc+wing iter;; COIN and CURRENCY $ CHECKS,M.Q,ETC. E Y BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT //R PERMIT ()fir ff NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt off above amount is hereby deposit into the County Treasury. i" {• _ Date Signed;_ _ .Signed:Tida< EXT. Deputy County Auditor Deputy County Treasure D-34 REV.(7-93) 1 1pVVii Vi yVsi11Y1\rWVia^t, . DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMW$ 0-4 (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB. TASK OPTION ACTNM AMOUNT $ ►Q ► ► ► i ► ► ► ► ► ► ► ► ► ► ► ► ► ► ► ► EXPLANATION: TOTAL $ { G, DEPOSIT Deposit consists of the following iteerns COIN and CURRENCY $ - CHECKS,M.Ot ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT by NUMBER DATE / ASSIGNED The amount of money described'above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby deposit into the County T sur)c - acknowledged 44f �, f Signed: Si Kw& Ti e . I �+ . -� 7 Deputy County for Deputy County Treasurer D-34 REV(7-93) ' q . 819800-0800: G1120639, $70.000.00, NR95-0020 Cash Bond, Clyde-Figone, 39 Creek View Circle, Larkspur, CA 94939 819800-0800: G1120641, $22,050.00,16P02-3057 Cash Performance Bond, Fairfield San Ramon South LLC, 5510 Morehouse Drive, Suite 200, San Diego, CA 91212 ,i 819800-0800: G1120645, $1,250. Sub 8570, Performance Cash Bond, Hoffmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: 01120646, $3,708.00, 'Sub 7647, Cash Bond, Pickett Development Company, Inc. 2703 Ridgeview Lane, Walnut Creek, CA 94598 0649-9665 / 831000: G1120640,$5,000.00,'NP, 950020, Inspection Deposit, Clyde Figone, 39 Creek View Circle, Larkspur, CA 94939 0649-9665 / 831000: 01120641, $102,700.00,'/DP02-3057, Development Plan Improvement Inspection Deposit, Fairfield San Ramon South LLC, 5510 Morehouse Drive, Suite 200, San Diego, CA 91212 0649-9665 / 831000: 01120642, $43,762.00, 'DP03-3004, Civil Improvement Plan Review-Development Permit Deposit, Fairfield Creekview LP, 5510 Morehouse Or, Suite 200, San Diego, CA 92121 0649-9665 / 831000: 01120643, $500.00,"RS 2826 Record of Survey Deposit, job 1008-20, CBG, 2603 Camino Ramon, #100, San Ramon, CA 94583 0649-9665 / 831000: G1120644, $500.00, RS 2825 Record of Survey Deposit, job 2823, Elizabeth & David Hicks, 35 Pinewood, Ct. Walnut Creek, CA 94596 0649-9665 / 831000:01120647, 50 7647, Pickett Development Company, Inc. 2703 Ridgeview Lane, Walnut Creek, CA 94598 $20.186.00, Inspection Deposit $2,066,38, Map Check Deposit $2,545.21, Improvement.Plan Check $1,680.45, Application Review Payment 0648-9140 / 812100: G1121231, f44,465.00, BW DA105 Sub Reg, City of Brentwood, 708 Third St. Brentwood, CA 94510 - . Subdivision: DP 02-3057 Branch Creek Vista +9- Bond No.: 2084788 Premium $13,907 IMPROVEyaNT SECURT y BOND FOR SusDmszoN AGREEMENT (.Performance, Guarantee and Payment) (California Government Code §§ 66499 -66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa oto i , tall and pay for street, drainage and other improvements in Subdivision DP 02-3057 ' "t.+nas specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of final map or parcel map for said subdivision. 2. OBLIGATION: Fairfield San Ramon South LLC as principal and Insurance Company of the Fest . a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: Two Million One Hundred Eighty Two Thousand Eight Hundred Fifty and 00/100 Dollars ($ 2.182,850.00 )for Contra Costa County or any city assignee under the above County Subdivision Agreement. . B. Payment: C7ne Million One Hundred Two Thousand Four Hundred Fifty and 00/100 Dollars ($ 1,102,450.00 __-- ) 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 Code of the State of California. 3. CONDITION: �.. The Condition of this obligation as to Section(2.A.)above is such that ifthe 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 beep 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 (2.8.) 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 subdivision 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 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 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 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 subdivision 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 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 the principal whenever taken. SIGNED AND SEALED on August 27, 2003 PRINCIPAL: Fairfield San Ramon South LLC SURETY: Insurance Company of the 'West Address: _ 5510 Morehouse Dr Suite 200 Address: 114.55 E1 Camino Real City: anD' Zip: 92126 City: San Oleg©, CA � � ti�b-5563 By: By: s Print Name: Patrick 1. Gavin Print Name: Michael H. Pradels Title: Vice President Title: Attorney-in-Fact By- Print Name: s A.Hribar Title: ------CFO/Secretary Mniw:lap G: NIAIEi S-1Fo—ZN WORDSN-12.doc CALIFORNIA ALL-PF OSE ACKNOWLEDGEIV�E T Suteof California OPTIONAL SECTION County of Sari Dido CAPACITY CLAIMED BY SIGNER On Aug. 2 7,2;'"re me, :Barbara Watson Though statute does not require the Notary to 1111 In DATE NAME,TITLE OF OFFtCER E.O.,"JANE DOB.NOTARYPUBLIC" the data below,doing so may prove invaluable to pmonallyappeared Michael H. Pradels, Attorney—in—fact persons relying on the document. NAME(s)OF sIONE S) INDIVIDUAL personally known to me-OR- proved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the personoo whose name(]q isla* Trnx(s) subscribed to the within instrument and �" owledged to me that heJ�9texecuted .PARTNER(S) LIMITED BARBARA WA"f',iM th same in his/WMWr authorized GENERAL Corttrn"on i t 359M a aciry(ksl,and that by histIm"AW ATTORNEY-IN-FACT� Notary Public- ia si atur*)on the instrument the person0g)or TRUSTEE(S) Son Diego County th tity upon behalf of which the person( } GUARDIAN/CONSERVATOR 1Mi executed the instrument. My Comm.Expims Ju OTHER.: 1' SIGNER IS REPRESENTING: 4="e {NAME OF PERSONS)OR ENTFTY(TES)I GNATURE OF NOTARY Insurance Company of the West OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attacbment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR A LS - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. 11. SIQNAnM5 FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated M. SIONATIJUS FOR PARTNERSI3IPS - Signing party must be either a general partner or be authorized in writing to have e authority to sign or ani in a partnership. IV. SIONAIMSCORPORATIONS Documents should signed by two officers, ers,one from each of the following two groups: GROUP 1. {a}The Chair of the Board (b))The President C Any Vice-President GROUP 2. a The Secretary An Assistant Secreta c The Chief Financial fficer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:mx O: Dxa1E Svc Fame MORD FORWALL PURPOSE NOTARY.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of �q1r` OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On ,before me, Though statute does not require the Notary to till in ATE NAME,Tn1E @F OFF3CER H G,'JAME DOE,NOT UBLIC" the data below,doing so may prove invaluable to � � persons relying on the document. personally appeared t NAME€s}WS) OF sicNERts} Il IDIVIDUAL (personally known to me- CORPORATE OFFICER(S) be the person(g}whose names)Ware nnx(s) =AO� HERINE MARIE 1Su M subscribed to the within instrument and acknowledged to me thathalsiWthey executed PARTNER(S) LIMITED _ IDrrirn l#1255➢17 the same in)+i*%sWtheir authorized GENERAL Notay PLAft-Ck� capacity,and that by3iebm/their ATTORNEY-IN-FACT SW COM signator on the instrument the person()or TRUSTEE(S) • 1:=I the entity upon behalf of which the persons GUARDIAN/CONSERVATOR acted,executed the instrument. OTHER: WITNESS my hand and official se , SIGNER IS REPRESENTING: }s y f i ;NAME OF PERSON(S)OR ENrrrY(MS)l S1GNA OFNOTAAY _ SLI&n o� OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document ' • TO THE DOCUMENT AT RIGHT. Number of Pages I Though the data below is not required by law,it may prove valuable Date of Document am 4—Agg to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above .+ .C lit �4/ • r? s re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR.ALL SI VATUI S -The name and interest of the signer should be typed or printed BENEATH the signature. The name mustbe signed exactly as it is typed or printed. II. SIGNA'flMS FOR INDIVIDUALS_-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGN4TUI2.ES FOR PARIES - Signing ply must be either a general partner or be authorized in writing to have e authority to sign for an in a partnership. IV. gMNA'1'i=S FOR CORPORATIONS ocuments Should Signed m two dicers,one from each of the following two groups: GROUP 1. Naair of the Board ({b, The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the parson signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from onlyone group,must contain the following phrase: " ..and acknowledged to me that such corporation executed the witin instrument pursuant to its by-laws or a resolution of its Board of Directors." X:mw G:1O Uw1En SvdPorrrslWORr1 FORMSIALL PURPOSE NOTARY.doc No. 0001404 ICW GROUP Power of Attorney Insurance Company of the Wrest The Explorer Insurance Company .y Independence Casualty and gurety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies'),do hereby appoint THOMAS A.JAMES,MICHAEL H.PRADELS,DENNIS BORSENBERGER,GARY T.PETERSON their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. IN WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. Mg), �toallq' ""►o INSURANCE COMPANY OF THE WEST `#*Z +��oacr��e+� THE EXPLORER INSURANCE COMPANY F. INDEPENDENCE CASUALTY AND SURETY COMPANY John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California County of San Diego SS. On January 16,2001,before me,Norma Porter,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. NORMA PORTER COMM.#1257540 A NOTARY PUBLIC-CALIFORNIA U &'-Am DIE00 COUNTY 0 yMRA CH,t pires 19,alo2x04 1 1 � \At& Norma Porter,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing, or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 27th day of August _, 2003 John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(859)350-2400. I.C.W. GROUP _ Insurance Company of The West The Explorer Insurance Company Independence Casualty and Surety Company 11455 El Camino Real, San Diego.CA 92130-2045 P.O.BOX 85563, San Diego, CA 42186-5563 (858)350-2400 FAX(858)350-2707 '%VWJcwgroup.com Bond Number: 2084788 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety. Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay 90% of covered terrorism losses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism under the Act is C}ne Dollar(51.00). Important Notice. The cost of terrorism coverage is subject to change on any bond that premium is charged annually.