The URL can be used to link to this page

Home My WebLink AboutMINUTES - 07201993 - 1.6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA \\ Adopted this Resolution on July 20, 1993 b; t1he following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson l NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 93/443 SUBJECT: Approval of the Final Map; Subdivision Agreement, Acquisitions of Off-Site Rights-of-Way Agreements, Drainage Facility Maintenance Agreement, and Indemnification Agreement for Subdivision 7597, West Pittsburg Area. On April 27, 1993, this Board considered and approved requirements necessary to stamp the improvement plans for construction of the subdivision improvements. These requirements were as an alternative to Section 96-2.204 of the County Ordinance Code and required: a. All drainage from the site shall be routed through a temporary, on-site detention/siltation basin to restrict the peak flow from the subdivision. These drainage facilities will operate on an interim basis until the permanent drainage facilities are constructed. The temporary basin is designed for the 100 year storm and the impervious surfaces generated by full project build out. b.The subdivider shall assume all responsibility for operation and maintenance of the interim drainage facilities and shall indemnify the County in writing. c. The subdivider shall enter into a written agreement to assure maintenance of the basin and shall furnish a bond to guarantee performance. d. The subdivider shall bond the entire permanent drainage system as it is currently presented on the plans and shall revise the bonds as necessary if the scope of the work of the permanent facilities changes. e. The subdivider shall acquire or assure acquisition of the necessary offsite easements necessary to construct the storm drain system. The Public Works Director having reported that the Subdivider has subsequently fulfilled these requirements and has submitted the required documents for Board approval: 1. A Drainage Facility Maintenance Agreement with Kaufman and Broad of Northern California, Inc., subdivider, whereby said subdivider agrees to maintain the temporary drainage improvements. Said agreement having been reviewed and approved by County Counsel. Said document accompanied by a corporate surety bond dated May 4, 1993, and issued by American Casualty Company of Reading, Pennsylvania and the American Insurance Company, (Bond No. 700772726M-AMCAS, 11127169560M-AIC) with Kaufman and Broad of Northern California, Inc., as principal, in the amount of $15,000. 2. An Indemnification Agreement with Kaufman and Broad of Northern California, Inc., subdivider, whereby said subdivider agrees to defend, indemnify, save and hold harmless the County in connection with the interim drainage facilities. Said agreement having been reviewed and approved by County Counsel. I The Public Works Director having further reported that the permanent drainage improvements required by the Ordinance Code for Subdivision 7597 involve construction of a storm drain line through as many as six different properties (Atchison Topeka and Santa Fe Railroad Co., Southern Pacific Railroad Co., Sacramento Northern Railroad Co., U.S.A. Navy, East Bay Municipal Utility District, and Contra Costa Water District, (United States Bureau of Reclamation). The developer has been working for several months on obtaining RESOLUTION NO. 93/443 Subdivision 7597, West Pittsburg Area Page Two the easements or license agreements from these agencies to install the storm drain system, but to date has been unable to do so. To assure the acquisition of these easements or license agreements, the developer has executed two Acquisitions of Off-Site Right-of-Way Agreements,covering the six different properties. The Public Works Director having further reported that the off-site road improvements to the south side of Evora Road required for Subdivision 7597 involves construction of road improvements on a parcel owned by the Calvary Temple. The developer, Kaufman and Broad of Northern California Inc., has been unable to obtain the easement rights and has executed an Acquisition of Off-site Right-of- Way Agreement to assure acquisition of the right-of-way. The subdivider has agreed to waive Section 66462.5 of the Government Code which requires the County to obtain the easement rights within 120 days, thereby allowing the developer time to continue to work with the property owners to obtain the necessary easements or license agreements or right- of-way after the map has been filed. The following documents were presented for the Board approval this date: 1) An agreement for acquisition of off-site right-of-way for Subdivision 7597, with Kaufman and Broad of Northern California, Inc., subdivider,whereby said subdivider agrees to pay all costs and expenses involved in acquiring off-site right-of-way from Calvary Temple for the widening of Evora Road. Said document was accompanied by security to guarantee payment of off-site right-of- way acquisitions expense as follows: a. Cash deposit (Auditors's Deposit Permit No. 228532, dated July 12, 1993) in the amount of $3,500.00 made by Kaufman and Broad of Northern California, Inc. b. Additional security in the form of a corporate surety bond dated July 9, 1993 and issued by The American Insurance Company (Bond No.11133069333) with Kaufman and Broad of Northern California, Inc., as principal, in the amount of $29,000. 2) An agreement for acquisition of off-site right-of-way for Subdivision 7597, with Kaufman and Broad of Northern California, Inc., subdivider,whereby said subdivider agrees to pay all costs and expenses involved in acquiring off-site right-of-way from either East Bay Municipal Utilities District and Contra Costa Water District or the Boeger property for the off-site storm drain line crossing the Contra Costa Water District canal and East Bay Municipal Utilities District aqueducts. Said document was accompanied by security to guarantee payment of off-site right-of- way acquisitions expense as follows: a. Cash deposit (Auditors's Deposit Permit No. 228532, dated July 12, 1993) in the amount of $2,000.00 made by Kaufman and Broad of Northern California, Inc. b. Additional security in the form of a corporate surety bond dated July 9, 1993 and issued by The American Insurance Company(Bond No. 11133069341)with Kaufman and Broad of Northern California, Inc., as principal, in the amount of$28,000. 3) An agreement for acquisition of off-site Right-of-Way for Subdivision 7597, with Kaufman and Broad of Northern California,Inc., subdivider,whereby said subdivider agrees to pay all costs and expenses involved in acquiring off-site right-of way from Atchison Topeka and Santa Fe Railroad Company, Southern Pacific Railroad Company, Sacramento Northern Railroad Company, and USA(Navy)for the off-site storm drain outfall. Said document was accompanied by security to guarantee payment of off-site right-of- way acquisitions expense as follows: a. Cash deposit (Auditors's Deposit Permit No. 228532, dated July 12, 1993) in the amount of$4,000 made by Kaufman and Broad of Northern California, Inc. Subdivision 7597, West Pittsburg Area Page Three b. Additional security in the form of a corporate surety bond dated July 9, 1993 and issued by The American Insurance Company(Bond No. 11133069358)with Kaufman and Broad of Northern California, Inc., as principal, in the amount of $29,000. The following documents were presented for Board approval this date: The Final Map of Subdivision 7597, property located,in the West Pittsburg area, said map having been certified by the proper officials. A Subdivision Agreement with Kaufman and Broad of Northern California, Inc., subdivider,whereby said subdivider agrees to complete all improvements as required in said Subdivision Agreement within one year from the date of said agreement. Said documents were accompanied by: I. Security to guarantee the completion of road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: A. Cash deposit (Auditor's Deposit Permit No. 224990, dated May 4, 1993) in the amount of $40,000 made by Kaufman and Broad of Northern California, Inc. B. Additional security in the form of a corporate surety bond dated January 11, 1993, and issued by American Casualty Company of Reading, Pennsylvania and the American Insurance Company (Bond No. 123876824-AMCAS and 11133037066-AIC) with Kaufman and Broad of Northern California, Inc., as principal, in the amount of $3,960,100 for faithful performance and $2,000,050 for labor and materials. II. Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 1992-93 tax lien has been paid in full and the 1993-94 tax lien, which became a lien on the first day of March, 1993, is estimated to be $62,300. III. Security to guarantee the payment of taxes as required by Title 9 of the County Ordinance Code in the form of a surety bond, No. 123995232, issued by American Casualty Company of Reading, Pennsylvania and the American Insurance Company with Kaufman and Broad of Northern California, Inc., as principal, in the amount of $62,300 guaranteeing the payment of the estimated tax; NOW THEREFORE BE IT RESOLVED 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. BE IT FURTHER RESOLVED that said Drainage Facility Maintenance Agreement for Subdivision 7597 is also approved and the Public Works Director is authorized to execute said agreement. BE IT FURTHER RESOLVED that said Indemnification Agreement for Subdivision 7597 is also approved and the Public Works Director is authorized to execute said agreement. BE IT FURTHER RESOLVED that said Acquisition of off-site Right-of-Way Agreements (3 total) for Subdivision 7597 are also approved and the Chau is authorized to execute said agreements. •s Subdivision 7597, West Pittsburg Area Page Four BE IT FURTHER RESOLVED that said Final Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. BE rr FURTHER RESOLVED that said Subdivision Agreement is also APPROVED. ! hereby certify that this Ib a true and correct copy j` an action taken and entered on the minutes of the Hoard of Supervisors ate con the dshown, ATTESTED: JHI 2 0 1993 --- r PHIL BATCHELOR,Clerk of the Board of 8upervbm mid Administraw BY .Uaputy Contact: Rich Lierly - 323-2348 Originator: Public Works (ES) c� Director of Community Dev. Public Works - Const. Kaufman and Broad of Northern California, Inc. 6379 Clark Avenue Dublin, CA 94568 American Casualty Company of Reading, Pennsylvania and the American Insurance Company 3530 Wilshire Boulevard Los Angeles, CA 90020 RL:cl BO:2ot7