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HomeMy WebLinkAboutMINUTES - 08101993 - 1.6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 10, 1993 by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 93/489 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7490, Walnut Creek Area. The following documents were presented for Board approval this date: The Final Map of Subdivision 7490, property located in the Walnut Creek area, said map having been certified by the proper officials. A Subdivision Agreement with Braddock & Logan Associates, a California General Partnership 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. 229158, dated July 23, 1993) in the amount of$1,000 made by Braddock& Logan Associates, a California General Partnership. B. Additional security in the form of a cash deposit (Auditor's Deposit Permit No. 229265, dated July 27, 1993) in the amount of $500 to supplement the surety bond #125-27-28 for labor and materials made by Braddock & Logan, a California General Partnership. C. Additional security in the form of a corporate surety bond dated July 16, 1993, and issued by Insurance Company of the West (Bond No. 125-27-28) with Braddock & Logan Associates, a General Partnership as principal, in the amount of $91,500 for faithful performance and $45,750 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 $2,000. 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. 125-27-26, issued by Insurance Company of the West with Braddock & Logan, a California General Partnership as principal, in the amount of $2,000 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 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. RESOLUTION NO. 93/489 BE IT FURTHER RESOLVED that said Subdivision Agreement is also APPROVED. 1 hereby certify that this Is a true and correct copy �+ an action taken and enteted on the minutes of the 3oard of Supe the date shown. i ATTESTED: U 1993 PHIL BATCHELOR,Clerk of the Board Of Supervisors and County Administrator Contact: Rich Lierly - 313-2348 Originator: Public Works (ES) cc: Director of Community Dev. Public Works - Const. Braddock & Logan Associates a California General Partnership 4155 Blackhawk Plaza Circle, Suite 201 Danville, CA 94506 Insurance Company of the West 1939 Harrison Street Oakland, CA 94612 RL:c1 BO:10.t8 P. 'Fax Collector's Office Contra Alfred County Trere Lomeli asurer-Tax Collector 625 Court Street Costa Joseph L.Martinez Finance Building, Room 100 'County Deputy Tax Collector u P.O.Box 631 Martinez,California 94553 Nancy L.Webster (415)646-4126 e s e t Department Account Clerk Manager <, M.Ruby Lagrimas Supervising Clerk ,`triMi June 15, 1993 cov+ IF THIS TRACT IS NOT FILED BY OCTOBER 31, 1993 THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT 7490 WALNUT CREEK 79092 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 2,000.00 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. LOMELI TREASURER-TAX COLLECTOR ` By: APRL:gm Subdivision 7490 Bond No. 125-27-28 IMPROVEMENT SECURITY BOND Premium: $1 ,098.00 FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (Calif. Government Code SS66499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT. The Principal has executed an agreement with the County to install and pay for street, drainage9 and other improvements in Subdivision Foxglove I Tr. 7490 , as specified in the Subdivision Agreement, and to complete said work within t e t me specified for completion in the Subdivision Agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION. Braddock & Logan_Associates. a California general partnership, as Principal , and—Insurance CoEgany of The West a corporation organized existing under the aws 57 the State of California f and authorized to transact surety business in California, as Surety, here y jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California, to pay it: (A. Performance & Guarantee) Ninety One Thousand Five Hundrea and j;o/LQJL Dollars 91,500.00 for itself or any city-assignee under the above County Subdivision Agreement, plus (B. Payment) Forty-five Thousand Seven H and no/100 (Dollars to secure the claims to whicfi reference is ma a in Title XV (commencing with ect on 082) of part 4 of Division III of the Civil Code of the State of California. 3. CONDITION. This obligation is subject to the condition set forth on the reverse side hereof. SIGNED AND SEALED on July 16, 1993 Braddock & Logan Associates Princieal : a rniifnrnia oonorznl nnrtnorch;., Suretv: TnciiranrA rmmnnnir of Tho Woo* ALL-PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER State of California ( I Individual(s) County of Contra Costa [ I Corporate on July 20, 1993 before me, Ruth N. Friton, Notary Public Officer(s) Titles) J Date 'Notary Public' J personally appeared Joseph E. Raphel - President, J.S.S.R., Inc. M Partner(s) Name(s) of Signer(s) E ) Attorney-In-Fact E ] Trustee(s) OSA personally known to me E ) Subscribing Witness E l Guardian/Conservator to be the person(§* E 1 Other: whose nameM is/XM subscribed to the within instrument and acknowledged to me that he/ahaAtWdjKexecuted the same in his t*Lio authorized by hisAbV4vghi�W signatureM on the instrument W ol[Rff',C)" the tity upon behalf of which the personM acted, ex � AXi6nstrumen SIGNER IS REPRESENTING: wi Name of Person(s) or Entity(ies) a WMA Wit my encs. f tial l:' Braddock & Logan Associates, a syNiONslstfeaN>:PIRpAu/.�,189d — California genera partners ip Signature of N ary LMDESCRIBED NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. IFICATE Title or Type of Document Bond No. 125-27-28 Subdivision Bond - Foxglove I TTACHED Number of Pages 2 Date of Document Jul 1CUMENT Signer(s) Other Than Named Above John V. Stock, ttorney-in- act AT RIGHT: BN:12 (11-82) Bond No: 125-27-26 Premium: $ 50.00 BOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS: THAT Braddock & Loaan Associates, a California general partnership as Principal, and (Surety) Insurance Company of the West , a corporation organized and existing under the laws of the State of California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of ' Two Thousand and no/100 Dollars ($2 , 000. 00) to be paid to said County of Contra Costa, for the payment of which will and truly be made, we and each of us bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. Sealed with our Seals and dated this 1st day of July , 1993 . 't E The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled subdivision 7490 Foxglove I and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said tract of land covered by said map, which taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said Principal shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said tract, then this obligation shall be void and E of no effect, otherwise it shall remain in full force and effect. Braddock & Logan Associates, a California general partnership By. septi E. Rapti 1, President J. S.S.R. , Inc. L r Managing General Partner Insurance Company of the Nest By: Jofin V. S ock Attorney--in-Fact INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO,CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: John V. Stock Nancy J. Alloway Rosemary Fogarty its true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal,acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her;and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 13th day of August 1985 PANp INSURANCE COMPANY OF THE WEST °4 r4 w, s CH i. 11FOPresident STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 13th day of August 19§Aore the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly.commissioned and qualified, came Ernest Rady, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, i IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. VYt 1hFiF>1" O=F VAL SEAL JKl�in P10PTER d Y F " s� a Notary Public STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: 1, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a full,true and correct copy, is in full force and effect,and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 16th day of July 19 93 GOMPANY�� 3 �LORPOR4 M Secre ltrONN�* ICW CAL 37 (REV. 5/82) SUBDIVISION AGREEMENT (Government Code 566462 and 566463) (S1) Subdivision: Foxglove I Tr. 7490 (S2) Effective Date: July 15. 1993 (Sl) Subdivider: Braddock & Logan Associates (S2) Completion Period: July 15, 1994 THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) J. Michael a or Public for Braddock & Lo an s • a Cal �$ ' ni�. gN partnership By B Jose0fi t. Raphel, Pr sident J.S.S.R. , Inc. , RECOMEi OVAL: Manap-inQ General Partner By: neerl g on FORM APPROVED: Victo Westman. (NOTE: All signatures to be acknowledged. If Subdivider is Counsel incorporated, signatures must conform with the designated representative groups pursuant to Corporations CodeS313.) S�tyoff California ass ACKNOWLEDGMENT (By Individual, Partnership or Corporation) of The person(s) signing above for known to me in individual and business capacities as-stated, personally appeared ore me today and ac now e a s % they executed it. and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation aamed above executed it pursuant to its bylaws or a resolution of its board of directors. Dated: Signature: Mame(Typed or Printed) (This area for official notarial seal) 1. PARTIES 3 DATE. Effective on the above date. the County of Contra Costa. California. hereinafter called *County", and the_a_5Fv_e_-_naiRMbdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private). drainage improvements, s 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 e. provide as security to the County: A. For Performance and Guarantee: f 1,000.0 0 cash. plus additional security, in the amount of t S 91.500. ch toge r one hundred percent (100%) of the estimated cost of the work. Such iddi�na sT sem s presenFe-d-Tn the form of: 1 Cash, certified check, or cashier's check. XX 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 Pa nt: Security in the amount of s46,%50.00 . which is fifty percent (50%) of the estimated cost of the work.! secur y is presented in the form of: Cash, certified check. or cashier's check of XX 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.