The URL can be used to link to this page

Home My WebLink AboutMINUTES - 04252006 - C.7 sE L .•._ �__.oma �TO: � BOARD OF SUPERVISORS .%-=� — Contra FROM: MAURICE M. SMU, PUBLIC WORKS DIRECTOR xz Costa 4s n S o 'Cal DATE: April 25, 2006 cr�om "1 COUi1 ',y County ___. SUBJECT: Accepting completion of private (Jordan Place) and public (widening of Withers Avenue) improvements and declaring the widening of Withers Avenue as a county road, Minor Subdivision 01-00021, Lafayette area. (District II) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ /? for Minor Subdivision 01-00021, accepting completion of private (Jordan Place)and public(widening of Withers Avenue)improvements and declaring the widening of Withers Avenue as a county road, for project being developed by Withers Properties, LLC, Lafayette area. (District II) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The private and public improvements have been installed in a good workmanlike manner as required by the improvement plans and in conformance with the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The improvements will not be accepted as complete and the beginning of the one year warranty period will not be established. Continued on Attachment: SIGNATURnL RECOMMENDATION OF COUNTY ADMINISTRATOR . RECOMMENDATION OF BOARD COMMITTEE APPROVE -OTHER SIGNATURES ACTION OF BO 7N 2�27,7/24 APPROVED AS RECOMMENDED OTHER v OF SUPERVISORS UNANIMOUS(ABSENT /"��if,-1 �� ) I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the LB:rm G:\GrpData\EngSvc\BO\2006\04-25\MS 01-00021 BO-45,doc date shown. Originator: Public Works(ES) Contact:S.Gospodchikov(313-2316) I.D.02-0630462 O cc: Public Works -Construction Div. ) -P.Tehaney,M&T Lab ATTESTED: -H.Finch,Maintenance Div. 1. -I.Bergeron,Mapping Div. \ JOHN CULLEN, Clerk of the Board of -L.Breen,Engineering Svc. Supervisors and County Administrator Sheriff Patrol Div.Cornrnander CHP,c/o Al CSAA—Cartog Withers Properties,LLC 10 Tian Terrace,Lafayette,CA 94549 By , Deputy Attn:Christopher Wright,ranger Indermthy Company of California 17780 Fitch,Suite 200,Irvine,CA 92614 . IIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIVIIIIII CONTRA COSTA Co Recorder Office Recorded at the request of- STEPHEN L, WEIR Clerk-Recorder Contra Costa County DOC— 2006-0130273-00 Board of Supervisors Return to: Wednesday, APR 26, 2006 14:47:22 Public Works Department FRE $0.00 Engineering Services Division TG 1 Pd $0.00 Nbr-0003215819 Ire/R9/1-7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 25, 2006 by the following vote: AYES: Uilkema, Piepho, DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: Note – — RESOLUTION NO. 2006/ SUBJECT: Accepting completion of private (Jordan Place) and public (widening of Withers Avenue) improvements and declaring the widening of Withers Avenue as a county road, Minor Subdivision 01-00021, Lafayette area. (District II) The Public Works Director has notified this Board that the improvements in Minor Subdivision 01-00021 have been completed as provided in the Subdivision Agreement with Withers Properties,LLC,heretofore approved by this Board in conjunction with the filing ofthe Subdivision Map. LB:tm G:\GrpData\EngSvc\BO\2006\04-25\MS 01-00021 B045.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: S.Gospodchikov(313-2316) action taken and entered on the minutes of the Board of Recording to be completed by COB I.D.02-0630462 Supervisors on the date shown. cc: Public Works -Construction Div. -P.Tehaney,M&T Lab X11 4S �f/ -H.Finch,Maintenance Div. ATTESTED: +++��'� cv*."6 -I.Bergeron,Mapping Div. -L.Breen,Engineering c. JOHN CULLEN, Clerk of the Board of Supervisors and Sv Sheriff-Patrol Div.Commander County Administrator CHP,c/o Al CSAA—Cartog Withers Properties,LLC 10 Tiana Terrace Lafayette,CA 94549 By �„ e ,Deputy Attn:Christopher Wright,manager Indemnity Company of California 17780 Fitch,Suite 200 Irvine,CA 92614 /07 RESOLUTION NO.2006/ SUBJECT: Accepting completion of private (Jordan Place) and public (widening of Withers Avenue) improvements and declaring the widening of Withers Avenue as a county road, Minor Subdivision 01-00021, Lafayette area. (District II) DATE: April 25, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of December 20,2005 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 June 8, 2004 Indemnity Company of California BE IT FURTHER RESOLVED the payment (labor and materials) surety for$106,600.00, Bond No. 566663S issued by the above surety be RETAINED for the six month lien guarantee period until June 20, 2006, 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 Withers Avenue is ACCEPTED and DECLARED to be a County road;the right-of-way was conveyed by separate instrument,recorded on June 23, 2004 , in Book 190 of Parcel Maps on Page 36. BE IT FURTHER RESOLVED that the private improvements have been COMPLETED and are NOT ACCEPTED NOR DECLARED as County Roads, at this time. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $2,132.00 cash deposit(Auditor's Deposit Permit No. 424531 , dated May 13, 2004)made by Withers Properties,LLC and the maintenance surety bond rider for$14,358.00,Bond No. 566663 S,dated September 9,2005,issued by Indemnity Company of California be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RES'OL UTI-ON NO. 20061 �9� 4Gi]C C INSCO INSURANCE SERVICES, INC. insqh1CD Underwriting Manager for: �p D velopers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 MAINTENANCE BOND BOND NO.: 566663S Premium included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: THAT we, Withers Properties,LLC as Principal, and Indemnity Company of California a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California,as Surety,are held and firmly bound unto County of Contra Costa Fourteen Thousand,Three Hundred Fifty-Eight ht and-Ei as Obligee, in the sum of Y 9 ($ 14,358.00 )Dollars,for which payment,well and truly to be made,we bind ourselves,our heirs,executors and successors,jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS,the above named Principal entered into an agreement or agreements with said Obligee to: Public Improvements in Subdivision MS-01-0021 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW,THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee,then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF,the seal and sigl ature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly.authorized Attomey-in-Fact this 9th day of September . 2005 YEAR Withpr?P G er'es, LLC Indemnity Company of California Principal BY: an y ac Attomey-in-Fact ID-1201(CA)(One Year Term)(REV.3/01) ��C--ALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of_�I g-;y )h OPTIONAL SECTION r County of �S- I CAPACITY CLAIMED BY SIGNER On '"/-t7s ,before me, /I0. U e el-\ D tl 6t )c. Though statute does not require the Notary to fill DATE iNAME,TITLE OF OFFICER E.G.,"JANE DOE,NO Y PUBLIC" in the data below,doing so may prove invaluable to personally a l//1 T� Il Q k- I j G./ I- V persons relying on the document. p y ppeared 1'1`� NAMES)o JGNER(S) ❑ ❑ INDIVIDUAL ❑❑ personally known tome-OR-0 provided to me on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S) be the person(o whose name(;o is/ap�subscribed TITLE(S) to the wiJhm Instrument and acknowledged to OMYConrn. REGINAM.RODEEN e_that(he�he/they executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED COMM. #1468109 , /t eir author zed capacity(i ,and that by ❑ ❑ GENERAL NOTARY PUBLIC-CALIFORNIA er/their signature(�on the instrument the ❑ ❑ ATTORNEY-IN-FACT CONTRA COSTA COUNTY person(4or the entity upon behalf of which thep ❑ TRUSTEE(S) EwresFebruary9.2008 on(O-acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR � ❑ 13 OTHER: .W ESS my han nd official e SIGNER IS REPRESENTING: SIGNAtW OF NOTARY 1 NAME OF PERSON(s)OR ENTITY(IES)} ❑❑ acknowledged tome that such corporation executed the,within instrument pursuant to its by-laws or a resolution of its Board of Directors, OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data 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 form INSTRUCTIONS TO NOTARY The following information is provided in an effort Ito 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 signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS -The lame 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 must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers, 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 (b)An Assistant Secretary �c)The Chief Financial Officer d) 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 theperson 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: 11 ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." STATE OF CALIFORNIA SS. COUNTTYOFl SACRAMENTO C On_. Rr 1 'ffibtn( q, before me, ERIN RUSSELL, NOTARY PUBLIC PERSONALLY APPEARED SANDY BLACK personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his1her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), o the entity upon behalf of which the person(s)acted, executed the instrument. O ERIN � I LL COMM,#1440= O : NOTARY PUSUC•CAUFORNIA Q SACRAMENTO COUNTY n WITNESS my hand and official seal. COMM,EXP,SEPT.18,2007 Signature n t / / r �L l �,1.f �r This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS SURETY AND INDEMNITY COMPANY SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA i PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Sharon J. Rusconi, Sandy Black,jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attontcy(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporatiions could do,but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomcy(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorcy(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the'Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vic c President and attested by their respective Secretary this I st day of February,2005. C BY I — .10 Z� A::II .N O�PHNyI� David H.Rhodes,Executive Vice-President , Q`�•OPP OR '�Iy� _h OOPp O OCT.5 T a'; 10 ani W 1967 By. c Walter A.Crowell,Secretary °o t7' 9 3 6 dD° 02 q�/P(n) STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On February 1,2005,before me,Nita G.Hiffineycr,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names arc 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. NITA G.HIFFMEYER COMM.#1543481 $ U r NOTARY PUBLIC CAIJFORNIA Signature ORANGE COUNTY to ' My comm.e gores Jan.10,2009 CERTIFICATE The undersigned,as Executive Vice-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furdtennore,that the provisions of the resolutions of the respective Boards of Directors of said i rporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 9th day of September 2005 By David L.Kerrigan,Executive Vicc-President ID-1380(Rev,2/05)