HomeMy WebLinkAboutMINUTES - 07271993 - 1.1 (2) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 27, 1993 by the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 93/462
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS
32-91, Walnut Creek Area.
The following documents were presented for Board approval this date:
The Parcel Map of Subdivision MS 32-91, property located in the Walnut Creek area,
said map having been certified by the proper officials.
A Subdivision Agreement with Bruce L. Lindorf and Angie Lindorf, 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. 222356, dated March 16,
1993) in the amount of $1,000 made by Bruce L. Lindorf and Angie
Lindorf.
B. Additional security in the form of a corporate surety bond dated June
18, 1993, and issued by American Bonding Company (Bond
No. 9351545) with Bruce L. Lindorf and Angie Lindorf as principal, in
the amount of $31,000 for faithful performance and $15,500 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 $7850.
III. Security to guarantee the payment of taxes as required by Title 9 of the County
Ordinance Code in the form of a cash deposit (Auditor's Deposit Permit No. 226381,
dated June 1, 1993) made by Bruce L. Lindorf in the amount of$7,850 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 Parcel 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 IT FURTHER RESOLVED that said Subdivision Agreement is also
APPROVED.
Contact: Rich Lierly - 313-2348
Originator: Public Works (ES) 1 hereby Certify that this is a true and Oorreot Capt'of
cc: Director of Community Dev. an action taken and entered on the minutes Of the
Public Works - Const. Board of Supei on I date shown.
Bruce L. Lindorf ATTESTED: ��+� 1993
Angie Lindorf PHIL BATCHELOR,Clerk of the Board
1050 Scots Lane of Supervisors and Cou Administrator
Walnut Creek, CA 94596 By J ��YA ,09PW
American Bonding Company
350 West Colorado Blvd., Ste.370
Pasadena, CA 91105
RL:cl
BO:27.t7
RESOLUTION NO. 93/462
2d"
SUBDIVISION AGREEMENT
(Government Code 566462 and 566463) 6"
(S1) Subdivision: MS 32-91 (S2) Effective Date: Z-- 7-9 3
(Sl) Subdivider: Lindorf (S2) Completion Period:
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Tit
J. Michael a or
Public Works Director
tor Bruce Lindorf
1
B
RECOMM IB OR APP Angie Llndorf
By:
r
Ewgl neerr vis on
FORM APPROVED: ctor J. Westman, (NOTE: All signatures to be acknowledged. If Subdivider is -
County Counsel incorporated, signatures must conform with the designated
representative groups pursuant to Corporations CodeS313.)
+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +
State of California ass ACKNOWLEDGMENT (By Individual, Partnership or Corporation)
County of
a
The person(s) signing above for
known to me in individual and business capacities as stated, personally appeared before me today and ac now a ge a e s e/
they executed it, and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation
named above executed it pursuant to its bylaws or a resolution of its board of directors.
Dated: Signature:
c
I
Name(Typed or Printed
(This area for official notarial seal)
i
1. PARTIES 8 DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County",
and the a ove-name ubdivider, mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private), drainage improvements,
signs, s ree g s, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required
in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department
and in conformance with the Contra Costa County Ordinance Code (including future amendments thereto).
Subdivider shall complete said work and improvements (hereinafter called "work") within the above completion period
from date hereof as required by the California Subdivision Map Act (Government Code SS66410 and following), in a good workman-
like manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the
County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement plans and the County
Ordinance Code, the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement, the Subdivider shall, pursuant to Government Code 566499, and
the County Ordinance Co-Fe—, provide as security to the County:
For Performance and Guarantee: E / cash, plus additional security, in the amount of
which together-totaloone unfired percent (100%) of the estimated cost of the work. Such
aadditional security is presenfe_d_in the form of:
Cash, certified check, or cashier's check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, the Subdivider guarantees performance under this Agreement and maintenance of the work for one
year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of =-Iffl5m-1 which is fifty percent (50%) of the estimated cost of
the work. uc security is presented in the form of:
Cash, certified check, or cashier's check
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, the Subdivider guarantees payment to the contractor, to his subcontractors, and to persons renting
equipment or furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider, the amount
of the securities may be reduced in accordance with S94-4.406 and S94-4,408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workman-
ship and Sha-T perform sa sac or y for a period of one (1) year from and after the Board of Supervisors accepts the work as
complete in accordance with Article 96-4.6, "Acceptance", of the Ordinance Code. Subdivider agrees to correct, repair, or
replace, at his expense, any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County
road system.
S. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform plant establishment work for landscaping installed under this
agreemenf.---TaTU—PTa—n-t—e—s-fa-bTrshment 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 estab-
lishment of plants.
Said plant establishment work shall be performed for a period of one (l) year from and after the Board of Supervisors
accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans ,for the work are adequate to accomplish the
work as promised n Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before
the Board of Supervisors accepts the work as complete or during the one year guarantee period, said improvement plans prove
to be inadequate in any respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials or statement by
any officer, agent or emp oyee of the County indicating the work or arty part thereof complies with the.requirements of this
Agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, 'or any combination
or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed; nor shall
the County by thereby be stopped from bringing any action for damages arising from the failure to comply with any of the
terms and conditions hereof.
8. INDEMNITY. Subdivider shall defend, hold harmless and indemnify the indemnitees from the liabilities as defined in
this sec o_n—'
A. The indemnitees benefited and protected by this promise are the County and its special district, elective and
appointive boards, c mm sons, officers, agents and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred
or threatened beactions 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 unforseeable at any time
beforethe County reviewed said improvement plans or accepted the work as complete, and including the defense of any suit(s),
actio n(s) or other proceeding(s) concerning said liabilities and claims.
C. The actions causin2 liability are any act or omission (negligent or non-negligent) in connection with the matters
covered by this Agreement and attributable to the Subdivider, 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 indemniteeas prepared, supplied, or reviewed any plan(s) or specification(s) in connection with this work or subdivision,
or has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from
any negligent or willful misconduct of any Indemnity.
9. COSTS. Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing
utilities required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction
of the Mou—n7Ey-74oad Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
ll. NON-PERFORMANCE AND COSTS. If Subdivider fails to complete the work within the time specified in this Agreement,
and subsequent ex ens ons, or ails to maintain the work, the County may proceed to complete and/or maintain the work by
contract or otherwise, and Subdivider 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.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,
in the event the County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work, Subdivider agrees to pay all costs incurred by the
County, even if Subdivider subsequently completes the work.
Should County sue. to compel performance under this Agreement or to recover costs incurred in completing or maintaining
the work, Subdivider agrees to pay all attorney's fees, and all other expenses of litigation iurred by County in connection
therewith, even if Subdivider subsequently proceeds to complenc
te the wmt.
12. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complrte, the subdivision is included
in territory incorporated 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 Subdivider, who shall fulfill all the terms of this agreement as
though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map
for said—SURM-slon.
AG:30 (ES-7/85)
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ALFRED P• IJOHM ORGANIZATION NUMBER 0015
TREASURER-TAX COLLECTOR
(for Cash Collection Procedures see County Administrator's Bulletin 105.) .
DESCRIPTION FUND/ORG. ACCT. TASK OPTION ACTIVITY AMOUNT
- 9 810900 0800
7,850100
-
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EXPLANATION: TOTAL $ j
Tax Guarantee for 1993-94 MS 32-91 DEPOSIT 7,85%00
Deposit consists of the following items
Parcel 180-180-010 COIN and CURRENCY $
CHECKS,Ma ETC. $ F
Bruce L. Lindorf BANK DEPOSITS $
1050 Scots Ln., Walnut Creek, CA 94596 FOR AUDITOR-CONTROLLER USE ONLY
Telephone: 935-9019 {
DEPOSIT 22608 1
NUMBER DP
DATE
.USE TO PAY TAXES ASSIGNED
The amount of money described above is for Treasurer's ' t of is approved Receipt of above amount is hereby
deposit into the Comity Treassu/ury. / r
Signed;_ "I��ti 1,li�lr srr.✓ e �. /�/
Title / c` " 6�:�/T /y�j/ / d .
( l4iditor/ / Deputy County Treasurer
D-34 REV.8/81 O M �� %
omeli
Tax Collector's Office Contra CCoounyTTreP.asurer-TaxCollector
625 Court Street Costa Joseph L.Martinez
Finance Building,Room 100 Deputy Tax Collector
P.O.Box
Martinez,California 94553-1260 County
ontJ
Nancy L.Webster
(510)646-4126 s Department Account Clerk Manager
t
•;G��, s_., M.Ruby Lagrimas
Supervising Clerk
May 28, 1993
IF THIS TRACT IS NOT FILED BY OCTOBER 31, 199.3 THIS LEITER IS VOID.
This will certify that I have examined the map of the proposed subdivision
entitled:
MS 32-91 WALNUT CREEK 98004
and have determined from the official tax records that there are no unpaid
County Taxes.heretofore levied on the property included in the map.
The 1992-93 tax lien has been paid in full. Our estimate of the
1993-94 tax lien, which became a lien on the first day of
March, 1993 is $ 7850.00
The amount calculated is void 30 days after the date of this letter.
Subdivision bond must be presented to County Tax Collector for review
and approval of adequacy of security, prior to filing with the Clerk of
the Board of Supervisors.
Sincerely yours,
ALFRED P. LOM LI
TREASURER-TAX C•ELECTOR
By:
rl
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