HomeMy WebLinkAboutMINUTES - 06172003 - C.10-C.13 Contra
t the request of:
Cane CONTRA COSTA Cc Recorder Office
Costa County
Board of Supervisors STEPHEN L. WE Clerk-Recorder
ReturPublic,to, DCC— 2003--028T 189--00
Public Works Department
Engineering Services Division Wednesday, JUN 18, 2003 11:28:30
Records Section FRE $0.00
Tt I Pd $0.00 Nbr-0001555833
Ire/RS/1-1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 17, 2003 by the fallowing vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
DISTRICT III SEAT VACANT RESOLUTION NO. 2003/ 394
SUBJECT: Approval of the Deferred Improvement Agreement along Arnold Industrial Way for
Land Use Permit 2014-02, (APN 159-060-060), Concord area. (District IV)
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with Romer`s RV Center,Inc.,as required by the Conditions of Approval
for Land Use Permit 2014-02. This agreement would permit the deferment of construction of
permanent improvements along Arnold Industrial Way which is located in the Concord area.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
I hereby certify that this is a true and correct copy of an action
G:\GrpData\EngSvc\BO\2003\6-3-03\LP 2014-02 B0-12.doc taken and entered on the minutes of the Board of Supervisors
BY:rm on the date shown
originator: Public Works(ES) JUNE 7
Contact: Teri Rie(313-2363) ATTESTED:
cc: Recorder(via Clerk of the Board)then PW Records JOHN SWEETEN, Clerk of the Board of Supervisors and
Current Planning,Community Development
County Administrator
By -. ,Deputy
RESOLUTION NO. 20031394
s�>
Retarded at dw request of:
Contra Costa Count°
Public Works D"e—t
Engineering Services Divisum
Return to:
Public Works Department
Engineering Services Division
Records Section
Area: Concord
Road: Arnold Industrial Way
Co.Road No:3887H
Land Use Perutle LP 022014
A N: 159-060.060
DEFERRED I RQVEIyIENT AGREEMENT
(Land Use Permit: LP02-2014)
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COMP tJWNER: (See nate below)
Maurice M. Shiu,Public Works Director Romer's'RV Center,Inc.
4160 Suisun Valley Rd E-306
Fairfield;CA 94534
By: ;; ✓ t By ✓
D e I Romer,President
RECOMMENDED FOR.APPROVAL:
# f x
By:
By: `� -�" Colleen Rimer, Secretary
'<:: -- gineering Servet bivision
FORM APPROVED: Victor J. Westman, County Counsel
(NOTE: This documcnt is to be acknowledged with signatures as they
appear on deed of title. if Owner is incorporated, signatures must
conform with the designated representative groups pursuant to
Corporations Coda§313.)
(see attached notary)
1. PAR.TIES. Effective on �"3 0 ✓' ,the County of Contra Costa,hereinafter referredto ss"Cotuty"
and Romer's RV Center,Inc.hereinafter referred to as"Owner"mutually agree and promise as follows:
2. P WQR E Owner desires to develop the property described in Exhibit"A"attache}hereto and wishes to defer construction of permanent
improvements,and County agrees to such deferment if Owner constructs improvements as herein promised.
3, AGREEMENT Hi1+lI]IlwtG OST SUCCESSORS 1N INfEItEST. 'Phis agreement lis an instrument affecting the title or possession of the real
property described in Exhibit"A." All the terms,covenants and conditions herein imposed are for the benefit of County and the real property or interest
therein which constitutes the County road and highway system and shall be binding upon and in=to the benefit of the land described in Exhibit"A"andthe
successors in interest of Owner. Upon sale or division of the property ascribed in Exhibit"A",the terms of this agreement shall apply separately to each
parcel,and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. Upon atmexation to any city,Owner,or those who
succeed hien as owner of the property described in Exhibit"A,"shall fulfill all the terns of this agreement upon demand by such city as though Owner had
contract with such city originally. Any annexing city shall have all rights of a third party beneficiary.
4. STREET AND DRAINAGE IMPROVEMENTS:
A. The improvements set forth in this section may be deferred by Owner and shall be constructed when required in the manner set
forth in this agreement. The deferred improvements required by County Department of Public Works are generally described on Exhibit"B"attached hereto.
Each of said improvements relate to the use,repair,maintenance or improvement of,or payment of taxes,special assessments or fees on,the property
described in Exhibit"A."
B. When County Public Works Director determines that there is no further reason to defer construction of the improvements
because their construction is necessary for the public health,welfare and safety and/or is necessary to the orderly development of the surrounding area;he
shall notify Owner in writing to continence their installation and construction. The notice shall be mailed to the current owner or owners of the property as
shown on the latest adopted County assessment roll. The notice shall describe the work to be done by Owner,the time within which the work shall commence
and the time within which the work shall be completed. All or any portion of said improvements maybe required at a specified time. Each Owner shall
participate on a pro rata basis in the cost of the improvements to be installed. If Owner is obligated to pay a pro rata share of a cost of a facility provided by
others,the notice shall include the amount to be paid and the time when payments must be made.
5. PERFORMANCE OF THE WOR l . Owner shall perform the work and make the payments required by County as set forth herein or as modified
by the Board of Supervisors. Owner shall cause plans and specifications for the improvements to be prepared by competent persons legally qualified to do
the work and shall submit said improvement plans and specifications for approval prior to commencement of the work described in the notice and to pay
County inspection fees. The work shall be done in accordance with County standards in effect at the time improvement plans are submitted for approval.
Owner agrees to commence and complete the work within the time specified in the notice given by the Director of Public Works and to notify the County at
least 48 hours prior to start of work. In the event Owner or his successors)in interest fails to construct any of the improvements required under this
agreement,County may,at its option,do the work. A lien is hereby created on all property described in Exhibit"A"for the cost of such work. If County sues
to compel performance of this agreement,to recover the cost of completing the unprovements or to enforce the aforementioned lien,Owner shall pay all
reasonable attorney's fees,costs of suit and all other expenses of litigation incurred by County in connection therewith,and said attorney's fees,costs and
other expenses shall also become alien on the property described in Exhibit"A". If the property described in Exhibit"A"is subdivided at the time said liens
are imposed,the amount of said liens shall be divided proportionately among the various parcels. Permission to enter onto the property.of Owner is grimed
to County or its contractor as may be necessary to construct the improvements covered by this agreement.
5. JOINT COQPERADWE PLAN. Upon notice by County,Owner agrees to cooperate with other property owners,the County,and other public
agencies to provide the improvements set forth herein under a joint cooperative plan including the formation of a local improvement district,if this method is
feasible to secure the installation and construction of the improvements.
7. REVIEW OF REQUIREMENTS. If Owner disagrees with the requirements set forth in any notice to commence installation of improvements,he
shall,within 30 days of the date the notice was mailed,request a review of the requirements by the Board of Supervisors of County. The decision of this
Board shall be binding upon both County and Owner.
8. ACCEPTANCE QF IMPROVEMENTS. County agrees to accept those improvements specified in Exhibit"B"which are constructed and
oompleted in accordance with County standards and requirements and are installed within rights of way or easements dedicated and accepted by resolution of
the Board of Supervisors. Owner agrees to provide any necessary temporary drainage facilities,access road or other required improvements,to assume
responsibility for the proper functioning thereof,to submit plans to the appropriate County agency for review,ifrequired,and to maintain said improve is
and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property.
9. BONDS. Nor to County approval of improvement plans,Owner may be required to execute and deliver to the County a&id&performancebond
and a payment bond in an amount and form acceptable to County to be released by the Board of Supervisors in whole or in part upon completion of the work
required and payment of all persons furnishing labor and materials in the performance of the work.
10. 1NSURANCE. Owner shall maintain,or shall require any contractor engaged to perform the words to maintain,at all times during the performance
of the work called for herein a separate policy of insurance in a form and amount acceptable to County.
1 I. INDEMINrIT '. Owner shall defend,indemnify and save harmless the County,its officers,agents and employees,from every expense,liability or
payment by reason of injury(including death)to persons or damage to property suffered through any act or omission,including passive negligence or act of
negligence,or both,of Owner,his developer,contractors,subcontractors,employees,agents,or anyone directly or indirectly employed by any of them,or
arising in any way from work called for by this agreement,on any part of the premises,including those matters arising out of the deferment of permanent
drainage facilities or the adequacy,safety,use or non-use of temporary drainage facilities,or the performance or nonperformance of the work. This provision
shall not be deemed to require the Owner to indemnify the County against the liability for damage arising from the sole negligence or willful misconduct of
the County or its agents,servants,or independent contractors who are directly responsible to the County.
:kw
G:1GrpData\EngSvc�BYip\2002U,t3P2014-02TP201402»DIA.dm
............................................................................................................................................................................................................................................................................................................................
Land Use Permit: LP022014
Arnold Industrial Way
Deferred Improvement Agreement
EXHIBIT "A"
All that real property situated in the County of Contra Costa, State of California,described as follows:
All of"Parcel One"designated as shown on the Corporation Grant Deed, on file at the County Recorder's
Office as follows:
Date: July 25, 1979
Book: 9456
Page: 988
BY:by
G:\GpData\bigSvc\BYip\2002\LUP2014-02\LP20I402-DIA.doc
Land Use Permit: LP022014
Arnold Industrial Way
Deferred Improvement Agreement
EXHIBIT "B"
IMPROVEMENTS
Improvements required by Contra Costa County Community Development Department and the County Ordinance
Code as a condition of approval for the above-referenced development are located along Arnold Industrial Way,
described in Exhibit "A":
1. Approximately 270 linear feet of curb, face of curb located 20 feet from the centerline of the street.
2. Approximately 270 linear feet of 4-foot 6-inch sidewalk,width measured from curb face,built monolithic
with the curb.
3. Approximately 50 square feet of street paving to pave between the existing pavement and the lip of gutter.
4. Necessary longitudinal and transverse drainage.
5. Necessary street lights. The final number and location of the lights will be determined by the County Public
Works Department.
6. Temporary conforms for paving and drainage as may be necessary at the time of construction.
7. Submit improvement plans to the Public Works Department,Engineering Services Division,for review;pay
an inspection and plan review fee and applicable lighting fee.
CONSTRUCTION
Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent.
The construction of the above deferred improvements shall begin as outlined in Item 4B of the agreement or when
either of the following occurs:
1. Arnold Industrial Way is constructed to its ultimate planned width by the County or by an assessment
district.
2. Frontage improvements are constructed adjacent to the subject property.
It is the intent at this time that the"pro rata basis"of costs,as specified in Item 4B of the agreement,shall mean that
the owners of each parcel shall pay half of the costs.
BY:Sy
G.1Grpf)atalEngSvo\BYig12002\LUP2014-021LP201402-DIA.doe
Rev.April 30,2003
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of 0 OPTIONAL SECTION
County of CAPACITY CLAIMER BY SIGNER
On before me, A Though statute does not require the Notary to till In
DATE NAME,TITLE OF OFFICER E.Ci.,IJANE DOE,NOTATR23XLUJC" the data below,doing so may prove Invaluable to
personalty appeared k" 0 f-"e,:'t` L C_C) �1��✓t t�_ N ...� persons relying on the document.
NA S)OF SIONER(S) D INDIVIDUAL
personally known to me-OR-0 proved to me on the basis of satisfactory evidence to IORPO TE OFFICER(S) � � � /
be the persons)whose names)is/are �° I = a�
subscribed to the within instrument and LE(S)
acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED
the same in his/her/their authorized G GENERAL
D,L.MARTIN eapacity(ies),and that by his/her/their C ATTORNEY-fN-FACT
signature(s)on the instrument the person(s)or
Ct.StttrYii�s3tJn# I3$4$O C TRUSTEE(S)
the entity upon behalf ofwhich the person(s) C) GUARDIAN/CONSERVATOR
+r►' Notory Ptit�iic - Caiitt Irnia acted,executed the instrument. C3 OTHER:
County
MYCW".6V1rWN0V2l,2M6i ESS y han and official seal: SINNER IS REPRESENTING:
_ {NAME OF PERSON(S)OR ENTITY(IFS))
IG OF TARY
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 nary prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
reattachment 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,
I. FOR ALL SIGNATURES_- The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signets exactly as it is typed or printed.
II. SIQNA2! S FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stater.
M. S-IGNAj=S FOR PARTNERS IPS - Signizig party must be either a general partner or be authorized in writing to have
14 the authority to sip for and in t e partnership.
IV. SIGNAIMS FOR CORPORATIONS
Documentsshod d be signed by two officers,one from each of the following two groups:
GROUP l. Naair of the Board
((b The President
c Any Vice-President
GROUP 2. NC
The Secretary
An Assistant Secretary
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 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 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.
JQMW
ill'WWS4%HARtlVD�ATAtCitpDatalEng3vo\Fortm\WORD FORT MALL PURPOSE NOTARY.doc
diR'a
.. i CO !
'A ..s
Recordedt the request of:
Cotntra Costa County
Board of Supervisors CONTRA COSTA Co Recorder Office
Return Wo STEPHEN lr EIRR .yClerk--Reecorder�y
Engine Works Department DOC— L� lvr"" , $7 9
Engineering Services Division
Records Section 0
Wedn*adoy,, JUN 18, 2003 11:26:48
FRE $@.00
Tt l Pd $0,00 Nbr-0001555834
Irc/ISS/1-3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adapted this Resolution on June 17, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABS'T'AIN: NONE
DISTRICT III SEAT VACANT RESOLIJTIONNO.. 0031395
SUBJECT: Acceptance of Instrument for Release and Indemnification,for Land Use Permit 2014-
02, being developed by Romer's RV Center, Inc., Concord area. (District IV)
IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR
RECORDING ONLY:
INSTRUMENT REFERENCE GRANTOR. AREA. DISTRICT
Release and LP 2014-02 Romer's RV Center, Inc. Concord IV
Indemnification
BY:rnt I hereby certify that this is a true and correct copy of an
v:\GrpDatalEngSvc�B0\200316-17_03v P 2014-02 130-30.doc action taken and entered on the minutes of the Board of
originawn Public Works(ES)
Contact: Rich Lierly(313.2348) Supervisors on the date shown.
cc: Recorder(via Cleric of the Board)then PW Records
Current Planning,Comrnunity Development Department
Romer's RV Center,Inc. JUNE I
2295 Arnold Industrial way ATTESTED: s 2003
Concord,CA 94520
JOIN SWEETEN, Clerk of the Board of Supervisors and
County Administrator
By_ �`' , Deputy
RESOLUTION NO.2003/ 3 9 5
Recorded at the request of:
Contra Costa County
Board of supervisors
Return to:
Public works Department ��
Engineering services Division
Records Section
Area: Concord
Lancs Use Permit: 022014
APN: 159-060-060
RELEASE AND INDEMNIFICATION
Romer's RV Center,Inc., declare the following:
a. homer's RV Center, Inc. is the sole owner of`Parcel One' located at 2295,Arnold Industrial Way,Concord.,
California,as described in the Corporation Chant Deed to us,recorded July 25, 1979,in Mals Book 9456 of Official Records at
page 988(the"Property").
b. Romer's RV Center, Inc. has obtained an exception to Section 914-12.002 ("Detention basins - Where
permitted")of Title 9 of the Ordinance Code of Contra Costa County.
C. In consideration of,and as a condition to,the granting of said exception,referred to in subparagraph(b)above,
Romer's RV Center,Inc.agree to construct and maintain a private storm drain detention facility and to disclose to future buyers,
of"Parcel One"located at 2245,Arnold Industrial Way,Concord,California,that they are obligated to continue maintenance of
said facility.
d. In further consideration of the granting of said exception to Title 9,section 914.12.002,Romer's RV Center,Inc.
hereby release the County of Contra Costa,and that county's respective officers,agents and employees from any claire,cost,or
liability arising out of, or in connection with, any damage to the site improvements resulting fromany failure of the privately
maintained storm drain detention facility.
e. In further consideration of the granting of said exception to Title 9,Section 914-12.002,Romer's RV Center,Inc.
hereby agree to defend, indemnify and hold said County and that county's respective officers,agents and employees,harmless
from any claims,costs,demands,expenses or liability,including,without limitation,all consequential damages arising out of,or
in connection with, any damage to the site improvements resulting from any failure of the privately maintained storm drain
detention facility.
f. This agreement is an instrument affecting the title or possession of the real property described above and shall
inure to the benefit of the County of Contra Costa and shall be binding on all our heirs,successors and assigns.
The undersigned executed this instrument on 1 t `
Date)
Romer's RV Center,Inc.
Dal Omer,P esident
Colleen Rohner, Secretary
m:rad
G:1apDataTngSvc\BYipUO02%LM014-02�Ao-23.doc
CALIFORNIA.ALL-PURPOSE ACKNOWLEDGEMENT
State of 1 _ OPTIONAL SECTION
County f - - - - a- CAPACITY CLAIMED BY SIGNER
Can 0 ;before mo, L�.: tt @ - -sir Though statute does not require the Notary to 1111 In
Axil NAT£i�OF oici R r.� "r`At on x4xa�Y r Lfe^ the data below,doing so may prove invaluable to
M � persons relying on the document
personally appeareN)L amY
INDIVIDUAL
proved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S)
be the person(s)whose name(s)4s/are ITHY(s)
subscribed to the within Instrument and
acknowledged to me that helthefthey executed PARTNER(S) LIMI'T'ED
LONyo
ARTIN the same in his6or/their authorized GENERAL
ri#1 1384800 z capacity(ies),and that byirisAwrftheir ATTORNEY-IN-FACT`
C - Colitornio ? signature(s)on the instrument the person(s)or TRUSTEE(S)
the entity upon behalfofwhich the person(s)
County acted,executed the instrument GIIARDTAN/CONSERVATOR
esNoV21,2W6 OTHER:
fip S d and ffiicial seal, SIGNER IS REPRESEN'T'ING.
t NANS OF PER SON(9)OR ENTItY(A?s))
s OF NOTARY
OPTIONAL SECTION
TIHS 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-attachment of this farm
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.
I. FOR.ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The
name rritist be sigiiR exactly as it is typed or printed.
II. SIGNATURES 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. SIGNATURES FOR PARTNERSHIPS - Signing party roust be either a general partner or be authorized in writing to have
zTie au Doty to sign or an iri a partners lip.
IV. SIGNATURES FOR CORPORATIONS
Documents ffiould Be signed y two o Iters,one from each of the following two groups:
GROUP 1. The Chair of the Board
NThe President
Any Vice-President
GROUP 2. a The Secretary
An Assistant Secretary
c The Chief Financial Gfficer
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 suffuse.
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."
7Csnw
O:iCh vih4lErtg5vetF-AW ORD FORMSLALL PURPOSE NOxARY.doe
n � II �I�fll 1 ISI II III ISI VIII I II IIII I SII I III X11 I� ,�
{ CONTRA COSTA Co Recorder Office
j STEM L. WEIR Clerk-Recorder
DOC— 200 —0287191-00
Recorded at the request of.-
Contra Costa iCounty Wednesday, JUN 18, 2003 11:26:66
Board of Supervisors FRE $0.00 q
Return to: Tt l Pd $0.00 Nbr-0001555835
Public Works Department
Engineering Services Division I r c/R9/1—2
Records Section
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUTN'I'Y,uA.LtruRNIA
Adopted this Resolution on June 17, 2003,by the following vete:
AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 396
SUBJECT: Accepting completion of public and private improvements and declaring the
widening of South Via Lucia Lane as a County read,Minor Subdivision 7-99,Alamo
area. (District IIT)
The Public Works Director has notified this Board that the public improvements(South Via
Lucia Lane) and private improvements (private drive) in Minor Subdivision 7-99 have been
completed as provided in the Subdivision Agreement with Ashley V.Partners,a California General
Partnership, heretofore approved by this Board in conjunction with the filing of the Subdivision
Map.
PE:rm
0:\GrpData\EngSvc\BO\2003\6-17-03\MS 7-99 BO-45.doc
Originator: Public Works(ES) I hereby Certify that this is a true and Correct copy of an
Contact. Rich Lieriy(313-2348) action taken and entered Can the minutes of the Board Of
cc: Public Works -Tax T.D.68-0392950,Accounting
-T.Bell,Construction Div. Supervisors on the date shown.
-M.Valdez,M&T Lab
- P.Edwards,Engineering Services
-x.Pinch,Maintenance Div. ATTESTED: JUNE 170_ 2003
-1.Bergeron,Mapping Div. JOHN SWEETEN, Clerk of the Board of Supervisors and
-T.—6-17-04
Retarder(via Clk,then PW Engineering Services County Administrator
Sheriff-Patrol Div.Commander
CHP,c!o Al
CSAA--Cartog r
Ashley V.Partners By ,. Deputy
2703 R.idgeview Lane
Walnut Creek,CA 94578
Gulf Insurance Company
101 West A Street,Suite 1805
San Diego,CA 92102
RESOLUTION NO.2003/ 396
SUBJECT: Accepting completion of public and private improvements and declaring the
widening of South Via Lucia Lane as a County road,Minor Subdivision 7-99,Alamo
area. (District III)
DATE: June 17, 2003
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of June 17,2003 thereby establishing the six-month terminal period for the filing of liens in case
of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BANK/SURETY
February 27, 2001 Gulf Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $17,500.00,
Bond No.BE2622031 issued by the above surety be RETAINED for the six month lien guarantee
period until December 17,2003,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 South Via Lucia Lane is ACCEPTED
and DECLARED to be a County road as shown and dedicated for public use on the Parcel Map of
Minor Subdivision 7-99 filed March 7, 2001, in Book 180 of Parcel Maps at Page 37, Official
Records of Contra Costa County, State of California.
BE IT FURTHER RESOLVED that the private improvements have been COMPLETED
and the private road is NOT ACCEPTED NOR DECLARED as a County road at this time.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the$1,000.00 cash bond(Auditor's Deposit Permit No. 362473 ,dated January 25,
2001)made by Pickett.Development and the performance/maintenance surety for$35,000.00,Bond
No.BE2622031 issued by Gulf Insurance Company be RETAINED pursuant to the requirements of
Section 94-4.406 of the Ordinance Code until release by this Board.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 17, 2003, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABS'T'AIN: 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 Hoffmann
Land Development,Byron area(District HD.
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 III.
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.
I hereby certify that this is a true and correct copy of an action taken
PE:cw
G:\GrpData\Engsvc1B012003\6-17-03\RA 1079 130-15.doc and entered on the minutes of the Board of Supervisors on the date
Originator: Public Works(ES) shown.
Contact: Patricia Edwards(313-2358)
ATTESTED: JUNE 17 , 2003
cc: Pubic Works- T.Bell,Construction
H.Finch,Maintenance JOHN SWEETEN,Clerk of the Board of Supervisors and County
B.Chisum,Accounting
T-6117!04 Administrator
Current Planning,Community Development
Hofrnann Land Development
1380 Galaxy Way
Concord,CA 94520
St,Paul Fire and Marine Insurance Company By ,Deputy
One Market Plaza,Spear Street Tower
San Francisco,CA 94111
RESOLUTION NO. 2003/ 3 9 7
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 fellows:
I. Cash Band
Performance Amount. $1,000.00
Auditor's Deposit Permit No. DP 396482 Date: November 25, 2002
Submitted by: Hofmann Land Development
Taxpayer identification number: 68-0419482
11. Surety Bond
Bond Company: St. Paul Fire and Marine Insurance Company
Band Number and Date: JX5786 August 6, 2002
Performance Amount: $44,800.00
Labor&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 Warks Department.
RESOLUTION NO. 2003/397
VVJY\I t VYir VY<YY\f94.VJ1r1 � t � \:::
DEPOSIT PERMIT 4fb`jy[�
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA /
RECEIVED FROM
ORGANIZATION NUMBER 7S 00
#OrganI-60,I
p. LSC, b60 ,
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. A��T TASK OPTION ACTIVITY AMOUNT
6���L I I-A I I I I I I `6061,�51 Lzagn 3, d)('o loo
Dell
#
r CQJ
J
l r #
#
#
#
I
1
#
#
#
#
#
#
!
#
#
!
!
EXPL NATION. [ f ( ) TOTAL $
DEPOSIT0
#
Deposit consists of the followi items �y
cur / f L� ` ( ' Y s 1 ( CUIN and cURR£NCY dam/E o 0
CHECKS.M.0:,
$ +
BANK DEPOSITS $
( j r 1-� 3 �1 FOR AUDITOR-CONTROLLER USE ONLY IV A) 9
DEPOSIT
C r )f . 7 L C, PERMIT DP
9 �" f i NUMBER rI" » ' . lY
DATE '�"m T_
ASSIGNED
The amount of money described above is for Treasurer's re c ip of above amount is approved. Receipt of above amo- t is hereby,
deposit into he County TLeasury acknowledged.
Signed a 1 ✓ r} Date
Signed.-_ Signed.
Tifle.` `-c 7-CL I- �V4 EX .,3 Dep y County.Auditor eputy County Treasurer
D-34 REV.(7-93 r
000649-9665 / 831000: 61108327, $23,000.010, DA 0016 Plan Check (Civil),
Shapell Industries of Northern California, 1010 North Milpitas Blvd., PO Box
361169, Milpitas, CA 95035
000649-9665 / 831000: G1108328, $24,514.00, SUB 8698 Plan Check
(Civil), Shapell Industries of Northern California, 100 North Milpitas Blvd.,
PO Box 361164, Milpitas, CA 95035
000649-9665 / 831000: G1108329, 2 425.00, SUB 8698 Map Check Fee,
Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box
361169, Milpitas, CA 95435
004649-9665 / 831400: G1148330, $10,204.00, RA 1130 Landscape
Improvements Plan Check, Brookfield Ambridge, LLC, 5960 Inglewood Drive,
Suite 200, Pleasanton, CA 94588
000649-9665 / 831000: 61108331, $5,361.00, SUB 8394 Inspection
Deposit, Kenneth I. & Halina C. Repp TR, UA 03-17-1999 Kenneth I. Repp
Nalina C. Repp Trust, 173 Vernal Drive, Alamo, CA 94507
819840-4800: G1108325, 000.000, RA 1079 Cash Bond for 5 Year
Warranty Agreement, Hofmann Land Development, 1380 galaxy Way,
Concord, CA 94520
819800-0800. G1108325, $199000.00, RA 1080 Cash Bond for 5 Year
Warranty Agreement, Hofmann Land Development, 1380 Galaxy Way,
Concord, CA 94520
Development: Road Acceptance RA 1079
Band No.. JX5786
Premium. $376.00
SECURITY BOND
FOR IMPROVEM ENT WARRANTY AGREEMENT
1. RECITAL OF IMPROVEMENT WARRANTY AGREEMENT. Principal has executed an improvement warranty
agrmednwi p�e Co Contra Costa to maintain and repair curbs and other affected:'improvements
for oa cce ante #gA al's expense for a period of five years, as specified in the improvement
warranty agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the final map for said subdivision.
2. OBLIGATION' HOFMANN LAND DEVELOPMENT COMPANY as principal and
ST. PAUL FIRE AND MARINE INSURANCE COMPANY , a corporation organized and
existing under the laws of the State of Minnesota and authorized to transact surety
business in California, as surety, hereby ,jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
A. Performance and Guarantee: FORTY FOUR THOUSAND EIGHT HUNDRED AND NO/1'00---
Dollars'($ 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----------------- Dollxs($
$22,900.00 900.00 }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 Code 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,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.
D. 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 attorney's 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 then or their assigns
in any suit brought upon this bond.
Should the work under conditions of this band 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 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 an August 6, 2002
HOFMANN LAND DEVELOPMENT COMPANY ST. PAUL FIRE AND MARINE INSURANCE
PRINCIPAL: SURETY' COMPANY
Address:
P.O. Box 758 Address: One Market Plaza, Spear St. Tower
Concord, CA 94522 Sa Fra �' co, CA 94111
City: ZiCity: t :
By: ���."4- By:
Print Name: Print N e: Kathleen Bryant
Title: Title: Attorney-in-Fact
ID:mw:lap
G:1GrpData\EngSvc\PattyEd\2002Vune\Disco Bay Warranty Agrnt Bond.doc
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. Shag, 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 persons(s) acted, executed
the instrument.
WITNESS my hand and official seal SAN07;*7URR;;l
Comm,#1296579 tri
NOTARY PUBLIC•CAI.FWA
Signature z torr. L< —_-_ Caatre Costa County ••
� ` ✓ My Come,Expi?a kl8roh9,2405
rrrrrarrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrarrrrrrrrrrrrrrratrrrrrrrrrrrrrrrrrrarrrr�
Reference: Security Bond for Improvement Warranty Agreement
Road Acceptance RA 1079, Contra Costa County, Bond No.
JX5786
Date: July 22, 2002
Pages: 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Contra Costa
On August 6, 2002 before me, Sandra Fredrickson, 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
*' aANDRA FREMCKSON
COMM.#1267299 ; f
« NOTARY PttEUC-CAUFORMA
CONTRA COSTA COUNTY n
COMM,EV,DEC,16,200-4 `
aaaaarra*ata:rarrrrrraaarrrrrrratract+rraraaarrarrrrrrsarrrrrrrrrrrrrrrraar■
OPTIONAL
rrr■raarraaaaarrarraraaaarrrrr:aaaaaaaarrr:ran■r:rrrrraaaraaaaaarraarrraara
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
K�ie ul�w.,�...�w_._..,�._._. POWER OFATTORNEY _....�..s ,..�__.�._... ._�.. ,,�
s
Seaboard Surety Company Untied 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
a
's
Power of Attorney No. 20391 Certificate No. 1260631 60 3"#
KNOW ALI.,MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation drily organized under the laws of the State of New York,and that
S! 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 rite State of Minnesota,and tbar United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and 3
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity anti 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 ttsake,constitute and appoint
Kathleen Bryant and James C.Jenkins
3
Concord California their true and lawful Attorney(s)-in-Fact,
of the City of _ State — — —
each in than separ to 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,
I contracts zr:d other written instruments in the nature thereof ort 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 instrument tc be signed and sealed this 1St —day of_ December 1999
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
Q�wN iry ,N84q YY"Y"XJ
.......SV9 `jP�,..........q*
i9OsR4itED 3
JOHN F.PF[NNEY,VicC President
.
State of Marvland lift V�
City of Baltimore NOMAS E.NUIBREGTSF,Assistant Secretary
1st December 1999
C?r: this i dray of_. befo e me,the undersigned officer, personally appeared John F. Phinney and
'rhornas E. Nutbregtse,who acknowledged themselves to he 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 ac>to do,executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
4�a
Nor
In Witness Whereof,I hereunto set my hand and official scala 84
r
My Commission expires the lath day of July,2002. �jq�uTS�4 RF,BECCA EASI.FY-ONOKAL.A,Notary Public
s
G i
't
1
¢7q
i
86203 Rev.7-2600 Printed in U.S.A. p
This Power of Attorney is granted ander and by the authority of the following resolutiorrs adopted by the Boards of Directors of Seaboard Surety Company,St.Pard
$
Fire and Marine Insurance C.ortpany, 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?, 1998,which resolutions are now in rodo force and
effect,reading as follows:
RESOLVED,that in connection with the fidelity arnd surety insurance business of the Company,all bonds,undertakings,contracts and other insttn.:rents relating
to said business niay he signed,executed,and acknowledged by persons or entities appointed as Attorneys)-ir,-Fact pursuant to a Power of Attorney issued i:e
accordance with these resolutions. Said Powers)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of flee
Company,either by the Cha man,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, s
under;heir respective designations. Thesignature,of such officers may be engraved,pillared or lithographed. The signature n`each of the foragei:,g i>ffcers and
the sea'of the Company.-may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorneys)-in-Fact to-purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature therei:f,and subject to any limitations set t:ei•h t€tercizi,any
such Power of Attorney or certificate hearing such facsimile signature or`acsimile seal shall be valid and binding upon the Company,and any sun h power'so
executed and certified by such facsimile signature and facs.ntne seal Shall ice valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached:and
RESOLVED FURTHER,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 thein,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
s writings obligatory in file nature thereof,and any such instrument executed by such Attorneys)-in-Fact shall he asbinding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
1,Thomas E_Huibregtse,Assistant Secretary of Seaboard Surety Company,St. Paul Fire and Marine Insurance Company,St.Pau: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,'nc.do herehy certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in fall force
and effect and has not been revoked.
IN TESTIMONY WHEREOF,I Hereunto sef my hand this-6th—day of August 2002
0E.".2
+3 '`°CJs..kH:�S•h 2p.......r;� j Rki�`" f
Thomas E.Huibregtse,Assistant Sc'treta:y=
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 and ask for the Power of Atforney clerk. Please refer to the Power ref Attorney number,
the above-named individuals and the details of the hoard to which the power is attached.:
F
's
{
s
r
a
5
8
3
IMPROVEMENT WARRANTY AGREEMENT
(After Construction is Complete)
(Government Code §§ 66462 and 66463)
Development: Road Acceptance RA 1079 Effective Date:,
Principal: Hofmann Land Development Co.,Inc. Maintenance Period: 5 Years
Bonds:
A. Cash: $1,000.00
B. Surety:
1. Faithful performance&maintenance: $44,$00.00
2. Payment for labor and materials: $22,900.00
PARTIES & DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County," and
the above-named."Principal,"mutually promise and agree as follows concerning this development.
IMPROVEMENT WARRANTY.Principal warrants that the curbs and adjacent pavement and sidewalks,that were installed
on profile slopes of less than I%,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.
GUARANTEE&MAINTENANCE.Principal guarantees that the aforesaid development improvements are and will be free
from defects and will perform satisfactorily in accordance with the County Ordinance Code and principal 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.
IMPROVEMENT SECURITY BONDS.Upon executing this agreement,principal shall deposit as security with the County:
A. Cash: (For faithful performance)a cash bond in the amount: $1,000.00
B. Surety: 1. (For faithful performance) additional security, in the amount: $44,800.00, totaling 15% of the
cost of the estimated improvements, less the cash bond, in the form of cash, an acceptable instrument of credit, or an
acceptable corporate surety bond, guaranteeing faithful performance of this agreement and maintenance of the work for five
years after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance;plus
2. (For payment for labor & materials) another such additional security, in the amount: $22,900.00, which is 50% of the
estimated cost of the aforementioned improvements, securing payment to the contractor,to the subcontractors and to persons
renting equipment or furnishing labor or materials to them or to principal. Said payment bond to become null and void six
months after the completion of warranty.
NO WAIVER.. BY COUNTY. Inspection of the improvements and/or materials, or approval of improvements and/or
materials inspected, or statement by any officer, agent or employee of the County indicating that the improvements or any
part thereof comply with the requirements of this agreement, or acceptance of the whole or any part of said improvements
and/or materials, or payments, therefor,or any combination or all of these acts, shall not relieve principal of the obligation to
fulfill this agreement as prescribed; nor shall County be thereby stopped from bringing any action for damages arising from
the failure to comply with any of the terms and conditions hereof.
INDEMNITY:Principal shall hold harmless and indemnify the indemnities from the liabilities as defined in this section:
A. Indemnities benefited and protected by this promise are the County and its special district, elective and
appointive boards,commissions,officers,agents,and employees;
B. Liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or
threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or
any combination of these and regardless of whether or not such liability, claim or damage was unforeseeable at any time
before the County completed the review of the improvement plan or accepted the improvements as competed and including
the defense of any suit(s),action(s),or other proceeding(s)concerning these;
C. Actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters
covered by this agreement and attributable to principal,contractor,subcontractor,or any officer,agent,or employee of one or
more of them;
D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or
not any indemnity has prepared,supplied,or approved any plan(s)or specification(s)in connection with the improvements or
development,or has insurance or other indemnification covering any of these matters.
COSTS: Principal shall pay, or have paid when due, all the costs of the work, including inspections thereof and relocating
existing utilities required thereby.
NON-PERFORMANCE AND COSTS: If principal fails to maintain the work and improvements during the time specified in
this agreement, County may proceed to repair them by contractor otherwise and principal shall pay the costs and charges,
therefor, immediately upon demand. If County sues to compel performance of this agreement or recover engineering costs
and the cost of maintaining the improvements, principal shall pay all reasonable attorneys' fees, costs of suit and all other
expenses of litigation incurred by County in connection therewith.
ASSIGNMENT: If, before the completion of the maintenance period, the development is annexed to a city, County may
assign to that city County's rights under this agreement and any cash bond or surety securing them.
LABOR&MATERIALS,WARRANTY: Principal farther warrants that the claims and liens of all persons, contractors and
subcontractors furnishing labor or materials for the maintenance or repair of said improvements in the development have
been satisfied. Principal agrees to satisfy any valid claims or liens of labor and materialmen as to the said improvements and
development appearing hereafter upon demand by County.
CONSIDERATION: In consideration hereof, at the end of the,five year warranty period, County will accept the curbs and
adjacent pavement of Road Acceptance 1079 for maintenance. , I ,.
CONTRA COSTA COUNTY: PRINCIPAL:
Maurice M. Shiu,Public Works Director Ilof mann Land Development Co.,Inc.
y, y: 5 t
A.T.Shaw,President
RECOM119ENDED FOR APPROVAL:
By:
n ' Services Division
FORM APPROVED: Victor J.Westman,County Counsel
:C1
G:\GrpData\Engsvc\chris\Projects\Discovery Bay west\RA 1 d79\RA 1079 warranty Agr nt-doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
Ff
ate of ' C% t .:• 'a' OPTIONAL SECTION
unty of r ' ' 'C' CAPACITY CLAIMED BY SIGNER
t D. before me, Though statute does not require the Notary to 1111 in
rI ra` NAME,T1TXX6 OF OF ICER,18.0,"lANEE,N0—TAR P U,�" the data below,doing so may prove Invalusbie to
personally appeared
persons relying on the document.
`��' r NA x s of sI NE s
D ENDIVIDUAL
personally known to me-OIL-D proved to me on the basis of satisfactory evidence to Ct2 9RATB OF ICED{S
be the,ppetson(s)whose name(s)Is/are — IT-
subsoribed to the within instrument and
acknowledged to me that he/she/they executed D PARTNER(S) d LIMITED
�_TELT s the same in his/her/their authorized D GENERAL
capseity(ies),and that by his/her/their K� TCIRNBY-IN-FACT
1296585 signature(s)on the instrument the personD ATTORNEY-IN-FACT s)or S
"' C.CALIFORNIA the entity upon behalf of which the persond TR
s) E( )
11'4"s esta County "`acted,executed the instrument. D GUARDIANICONSE3RVATOR
?xp#¢os harsh 9.2005.t D OTHER:
„n SS my IVnd and official seat, SIGNER IS REPRESENTING,
(NAME OF PERSON(S)OR ENTITY(IBS))
SYC3NATXJRE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document "` t' ,4 ti* .. C' t t
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
rc-attachment of this form
II4tSTR.UCTIONS,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.
I. FOR ALL 5IG'NATl.1'.12�S - The name and interest of the signer should be typed or printed BENEATIi the signature. The
namemust e�signee 'exactly as it is typed or printed.
INDIVIDUALSEOR -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must a state ,
III. C3TURES FOR FAR1=1 S - Srgnig party must be either a general partner or be authorized in writing to have
e au t}nty to sign for and bind the partnership.
IV. I NATUFOR CORPORATIONS
Documents should be signet by two officers,one from each of the following two groups:
GROUP 1. a The Chair of the Board
The President
c Any'dice-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$roues do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizitj;the person signing the mstiument 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."
JQMW
1tP1�#�J tt#rplSatatEzsgSvolFt r ItYORI1 FORM U11 PURPOSE NOTARY.doe