HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-711 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 1,2005,by the following vote:
AYES. Gioia,Piepho,UeSaulnler,Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
l sOLUT
SUBJECT: Approving the Road Improvement Agreement for Diablo View Road,DP 88-03007,
being developed by Stratford at Lafayette,LLC,Lafayette area. (District II)
The following'document was presented for Board approval for Diablo View Road, road
acceptance file DP 88=03007,property located in the Lafayette area, Supervisorial District II.
A Road Improvement Agreement with The Stratford at Lafayette,LLC,principal,whereby
said principal agrees to complete all improvements,as required in said road improvement agreement,
within one year from the date of said agreement. Improvements' generally consist of pavement
widening, asphalt berms, and appurtenant safety and drainage improvements..
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
originator. Public:Works(ES) on the date Shown.
Contact: S.Gospodchikov(313-2316)
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G:1GrpData SVc%B0\2005\t 1-01\DP 88-03007 so-is.doc ATTESTED:
cc. Public Works-T.Bell,Construction
Current Planning,Community Deveklprwnt JOHN SWEETEN,Clerk of the Beard of Supervisors and
T-September 1,2006
The Stratford at Lafayette,LLC County Administrator
1475 North Broadway,Suite 430
Walnut Creek,CA 94596
By ,Deputy
RESOLUTION NO,2005/--?r//
t
SUBJECT; Approving the Road Improvement Agreement for Diablo View Road,DP 88-03007,
being developed by The Stratford at Lafayette, LLC, Lafayette area. (District l )
DATE: November 1, 2005
PAGE: 2
I. Cash Bond
Performance Amount: $1,583.00
Auditor's Deposit Permit No. DP 451385 Date: September 19, 2005
Submitted by: The Stratford at Lafayette, LLC
Taxpayer identification number: 26-0037411
H. Cash Bond
Performance Amount: $156,717.00
Labor& Materials Amount: $79,150.00
Auditor's Deposit Permit No. DP 451385 Dater September 19, 2005
Submitted by. The Stratford at Lafayette, LLC
Taxpayer identification number: 26-0037411
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with,the Public Works Department.
&Q D lMP&QVEMW AG FPNT
Effective Date:
Developer:
Development: " Completion Period: j+eary K
Road: i as, ti ► .r�►
THESE SIGNATURES AT'T'EST TO THE PARTIES'AGREEMENT HERETO:
QQhE tzAf,051"A,C 'l r DEVEL PER Mit. &*6kevAiLu
Maurice M.Shiu,Public Works Director Cook
By:
(ptintnem_ c:cs��t.c.-E- rya
rrR OMh MMED FOR APPROVAL
By, (uanawro)
services Division (pint name A title)
E=- APPROV 7: Victor 1.Westman,County Counsel
(NC)TE: All signatures to be acknowledged, If Subdivider is incorporated,signatures meat
confomt with the designated representative groups pursuant to Cotpotetials Code 3313,)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County. and the above-mentioned
Qevelorrer,mutually promise and agree as follows concerning this development.
2. IMPRO'VT h=S. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,
fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as
reviewed and on file with the Contra Costa County Works Department and in conformance with the Contra Costa County Ordinance Code(including
future amendments thereto).
Developer shall complete said walk and improvements(hereinafter called"work")within the above completion period from date hereof in a good
workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code
and rutings made thereunder•,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. M QROY'Eb"=SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security
to the County:
.• + cash plus additional'securi
A. For Performance and Guarantee: $ ;�4 ,p <y,in the amount of$
which together total one hundred percent(100%)of the estimated cost of tate work. Such additional security is presented in the form of:
Cash,certified check or cashiers check,
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year atter its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of S which is fifty percent(50016)of the estimated cost of the work.
Such security is presented in the form of:
Cash,certifiedcheck,or cashier's check
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor
or materials to them or to the Developer.Upon acceptance of the work as complete by die Board of Supervisors and upon request of the Developer,the amount
securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
4. 9116 NTEE AND WAR&,)y'TY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,
"Acceptance,"of the Ordinance Cole. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
The guarantee period does not apply to;road impmvements for private roads which are not to be accepted into the County road system.
5. PLANI EMBLISHb=WORK- Developer agrees to perforin establishment work for landscapists installed under this agreement. Said plant
establishment;work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined
by the public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year
from and after the Board of Supervisors accepts the work as complete.
b. i R[, yl M , tT p AN l ', Developer warrants the improvement plans for the work are adequate to accomplish the work as promised,
in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete
or during the one-year guarantee period,said imprcW m t plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary
to accomplish the work as promised,
7. NQWA=.&YCQ.VN1Y Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or
employee of the County indicating the work or jury part thereof complies with the requirements of this Agtetment,or acceptance'of the whole or any part of
sad work andtor materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement
as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and
conditions hereof.
8. UJUMN Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The jadmWIjas benefitted"and protected by this promise are the County, and its special district, elective and appointive boards,
commissions,officers,agents,and employees;
B The ligWUlim 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 Wury,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 reviewed said improvement plans or accepted the work as complete,and
including the defense of any su v(s),action(s),or other proceeding(s)concerning said liabilities and claims:
C. Tare actions causing liability are any act or omission(negligent ornon-negligent)in,connection with the matters covered by this Agreement
and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee ofone or more of them;
D. Ngn-Condi dons: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has
prepared,supplied,or approved any plan(s)or specification(a)in connection with this work,lir has insurance or other indemnification covering any of these
matters,or that tate alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COSTS; Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required'thereby.
10. NN2- ERR€jX NCE AM COS'7"S:IfDeveloper fails to complete the work within the time specified in this,Agreement,and subsequent extensions,
or fails to maintain the work,the County may proceed to complete and/or maintain the work by contractor otherwise,and Developer agrees to pay all costs and
charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds
to complete ami/or maintain the work.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County, evert if Developer
subsequently completes the work.
Should County sue to compel,performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees
to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete
the work.
ill r Rk "A SAN_-EXAU N If,before the Board of Supervisors accepts the work as complete,the development is included in territory
incorpowtd as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights
shall be.transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms
of this agreement as though Developer had contracted with the city'originally;
12. MSI EM119N In consideration
(Ch erlt applicable section(s))
County shall allow Developer to Obtain building permits for said development,assurrong it fully complies with other applicable regulations.
County agrees to accept the'road(s)into the Counry-maintained'road system,After the improvements are complete.
Other(requires County Counsel approval
RL-kw
CtAGrPt M\EUgSacTOM1slAG WORMAG-24,e00
Rev.Apxtr b,2flUt)
State of California
County of Contra Costa
On September 15,;,2005 before>me, the undersigned, a Notary Public in and for said
State,'personally appeared Clarence A. Becker, 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',his/her/their'authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument:
WITNESS my hand nd official seal.
DONNAM. JONES
.. Comm.A 1335461 In
NOTARY PUBLIC-CALIFORNIA
Contra Costa County
Signature My Comm.Expires Jan.15,2006"
Name Donna M. Jones;
(typed or printed) (Seal)
DJ/di
.......................................................................................................
. ...................................................................... .
Dmposcr PutmWIT
` OFFICE OF COUNTY AUDM)t=C 7N"TROLLER
TO THE TREAStRtHt MART#eZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
for Cash Co lect on Procedures sat County A inistralor's Bulkefin 105
DESCRIPTION RLM/ORG ASUB. CI
TASK N ACniltrY AMOUNT
1
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1
t
ml
(I'llizi A—1—
VA In
rA
1
a
_ L
t ,
1
L_
J
1 f
1
y 1
PLANATION: �^ ` TOTAL' 3 i
DEPOSITS 1
Deposit consists of the follming items
�r {, i i•.. 7 , -' (' p , 4- COIN and CURRENCY $
1 r ^ CHECKS,hLCX ETG
X BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT LOP
NUMBER
DATE 45, 1,°=t5,.L.7�:
AS51Gt.1E0 �
The amount of nrr W described above is for Treasurer's receipt of above a►munt is approve& Receipt of above'wawunt"is hereby
-'Impolit into the County Tmosu y. acknowwged
t
Lu Date
Ti r` EXT � Deputy County Audilor 'Dqmfty CmJhty Treasurer
D-34 REV.l'-43j
....... .... ............
orfla OF couNw.Aub"-cowwuzit
MARTINEZ CALIFORNIA IOTHETREASURS:
RECEIVED FROM
ORGANIZATION NUMBER
(For Cash CA&dionProcockxw see County Adninistrator's Bullefin 105.)
DESCRIPTION FUND/ORrx SUCIL TASK OPTION ACTWIT Y AMOUAMOUNTACT,
$
F,
. . . . . . . . . . .
I I I I I A A I I I I I I
t I A 11 1
j
t I I I f I I I I I I I I I I I
EXPLANATION: TOTAL $
DEPOSIT
Deposit consists of the folkwAing item
COIN and CURRENCY $
CHECKS,M.0,ETC $
SANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMff D
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approwd. Receipt of above amount is hereby
4"into the C..Wy Treasury. acknowledged
5i x:if' i .C �r'j �Ybate /� lt�ci. (�T',t`�'�."' t�(/�'''����
Signed:
V, EXT. Deputy County Auditor Deputy County Treasurer
D-34 REM(7-93)
819800-0800: G1189864, $1.000.00, DG 04-00034, Cash Bond, Shapell
Homes, A Division of Shapell Industries, Inc.,100 North- Milpitas Blvd.,
Milpitas, CA 95035
819800-0800: 61189881, $237;450.00, DP 88-3007, Cash Bond, The
Stratford at Lafayette, LLC, 1475 North Broadway, Suite 430, Walnut
Creek, CA 94596
0649-9665 / 112300: 61189865, $2,800.00, DG' '04-00034, Drainage
Inspection Fee, Shapell Homes, A Divisionof Shapell" Industries, Inc.,100
0649-9665'/ 112300: 61.189866, $1,400.00, Flood Control 'Permit 623-95, _
Cash bepos t, TRC Solutions, 1590 Solano Way, Suite A Concord, CA 94520
0649-9665'' / 112300: G1189867, $53.096.22, Sub 8900, Landscape
Improvement Plan Review, Shea Homans, 2580 Shea Center Dr., Livermore,
CA 94550
0649-9665 / 112300: 61189868, $6,000.00, MS 81-0063, Inspection
Deposit, Williamson Ranches, Larry R. Williamson, 3503 'Shangri-La Rd`.,
Lafayette, CA 94549
0649-9665 / 112300: G1189880, LP 05-2001, bel Valle Produce, Inc., 3275
Willow Pass:Rd., Bay Point, CA 94565
$2,551.00, Plan Review
$500.00, COA Compliance
0649-9665' / 112300: G1189882, $10.623.50, DP88-3007, 'Inspection'
Deposit, The Stratford at Lafayette, LLC, 1475 North Broadway, Suite 430,
Walnut Creek, CA 94596
0649-9665 / 112300: 61189879,'$250.00, SD 98-08163, Inspection, Taylor
Woodrow Homes, Inc.,``15 Cushing, Irvine, CA 92618-4200