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.