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HomeMy WebLinkAboutMINUTES - 07202004 - C.6-C.8 (2) TO: BOARD OF SUPERVISORS FROM: MAURICE M. SH1U, PUBLIC WORDS DIRECTOR � DATE: July 20, 2004 ,q �N `• SUBJECT: Seed Limits on Camino Diablo, B on/Brentwood area SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): APPROVE Traffic Resolution No. 2004/4066 establishing speed limits on Camino Diablo, Byron/Brentwood area. FISCAL IMPACT: None BACKGROUND/REASON(S) FOR RECOMMENDATIONS): On the basis of an engineering and traffic survey and recommendations thereon by the County Public Works Department's Traffic Engineering Division and pursuant to County Ordinance Code Sections 46-2.002—46-2.012, this traffic regulation is established(and other action taken as indicated). CONSEQUENCES OF NEGATIVE ACTION: Unable to use local authorities powers to enforce the California Vehicle Code. Continued on Attachment._ SIGNATURE: -RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF HOARD COMMITTEE _ dFPROVE ;F ,OTHER SIGNATURE 5, "" ..-' - ,..�-•-' ACTION OF BO.&O ON JULY 20 2004 OTHER�� APPROVED AS RECOMMENDED XX I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS minutes of the Board of Supervisors on the XX UNANIMOUS(ABSENT NONE ) p Adate shown. YES: NOES: ABSENT: ABSTAIN: ATTESTED: JULY 20, 2004 JOHN SWEETEN, Clerk of the Board of G:1TransBng\200&tB0-TR16066-BO.Coc �+ �-v Orig.Div: Public Works(Traffic) Supervisors and County Administrator Contact: Jerry Fahy(313-2276) cc: California Highway Patrol Sheriff's Department By�� -- , Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 20, 20104 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE TRAFFIC RESOLUTION NO, 2004/4066 ABSTAIN: NONE Supervisorial District III SUBJECT: Speed Limits on Camino Diablo (Road No. 7941), Byron /Brentwood area. The Contra Costa Board of Supervisors RESOLVES that: On the basis of an engineering and traffic survey and recommendations thereon by the County Public Works Department's Traffic Engineering Division and pursuant to County Ordinance Code Sections 46-2.002—46-2.012,the following traffic regulation is established (and other action taken as indicated): Pursuant to Section 22358 of the California Vehicle Code, no vehicle shall travel in excess of 50 miles per hour on that portion of Camino Diablo (Road No. 7941, Byron/Brentwood area, beginning at the intersection of Marsh Creek Rd. (Road No. 3971 A) and extending easterly to a point 0.40 miles west of Byron Highway (Road No. 9621). Thence no vehicle shall travel in excess of 25 miles per hour on that portion of Camino Diablo, beginning at a point 0.40 miles west of Byron Highway and extending to the intersection of Byron Highway. 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 on the date MA:je shown. G:\TransEng12004\BO-TR14066-7941.doc Orig.Dept.: Public Works(Traffic) Contact: Jerry Fahy,(313-2276) JULY 2O 2004 cc: California Highway Patrol ATTESTED: t Sheriff's Department JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By , Deputy TRAFFIC RESOLUTION NO. 2004/4065 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR , DATE: July 20, 2004 r x 7 w SUBJECT: Seed Limits on Canal Road,Bay Point area - - _- SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION( : APPROVE Traffic Resolution No. 2004/4067 establishing speed limits on Canal Road,Bay Point area. FISCAL IMPACT: None BACKGROUNDIREASON(S) FOR RECOMMENDATION(S): On the basis of an engineering and traffic survey and recommendations thereon by the County Public Works Department's Traffic Engineering Division and pursuant to County Ordinance Code Sections 46-2.002—46-2.012, this traffic regulation is established(and other action taken as indicated). CONSEQUENCES OF NEGATIVE ACTION: Linable to use local authorities powers to enforce the California Vehicle Code. Continued on Attachment: SIGNATURE: ✓1tECOMMENDATION OF COUNTY ADMINISTRATOR ^_RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER _ SIGNATURE (S): J >' 1 ACTION OF BO ON JULY APPROVED AS RECOMMENDED XX OTHER f I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS minutes of the Board of Supervisors on the xx UNANIMOUS(ABSENT NONE ) date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: JUDY 20, 2004 JOHN SWEETEN, Clerk of the Board of Oris.nsHng 2oo4 B0-T ks(Traffic) Supervisors and County Administrator Orig.Div: Public Worts(Traffic) Contact: Jerry Fahy(313-2276) cc: California Highway Patrol Sheriff's Department By �+�' _, Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 20, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE TRAFFIC RESOLUTION NO. 2004/4067 ABSTAIN: NONE Supervisorial District V SUBJECT: Speed Limits on Canal Road (Road No. 5384B), Bay Point Area. The Contra Costa Board of Supervisors RESOLVES that: On the basis of an engineering and traffic survey and recommendations thereon by the County Public Works Department's Traffic Engineering Division and pursuant to County Ordinance Code Sections 46-2.002—46-2.012,the following traffic regulation is established (and other action taken as indicated): Pursuant to Section 22358 of the California Vehicle Code, no vehicle shall travel in excess of 35 miles per hour on that portion of Canal Road (Road No. 5384B), Bay Point area, beginning at a point 0.10 miles east of Alves Lane(Road No. 5384A),and extending easterly to a point 0.20 miles west of Bailey Road (Road No. 4961) a distance of 0.40 miles. Traffic Resolution No. 2666 pertaining to speed limits is hereby rescinded. I hereby certify that this is a true and correct MA:je copy of an action taken and entered no the G:\TransBng\2004\BO-TR\4067-5384B.doc minutes of the Board of Supervisors on the date Orig.Dept.: Public Works(Traffic) shown. Contact: Jerry Fahy,(313-2276) cc: California Highway Patrol Sheriffs Department ATTESTED: JULY 209 2004 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator f By , Deputy TRAFFIC RESOLUTION NO. 2004/4067 TO: BOARD OF SUPERVISORS , FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: July 20, 2004 SUBJECT: Approval of Final Map and Subdivision Agreement for Subdivision 92-07713. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 403 for Subdivision 92-07713,approving Final Map and Subdivision Agreement effective July 6,2004,being developed by Affinity Land and Construction Company,Inc.,Bay Point area.(District V) FISCAL IMPACT: There is no impact to the General Fund. BACKGROUNDIREASON(S) FOR RECOMMENDATION(S). Subdivision 92-07713 has been reviewed and processed by Public Works' staff and met all requirements of the development process. The final requirements are to file a Final Map and enter into a Subdivision Agreement for the proposed improvements. CONSEQUENCES OF NEGATIVE ACTION: The Final Map and Subdivision Agreemen will not be apploved Continued on Attachment_, Signature: ,-RECOMMENDATION OF COUNTY ADMINISTRATOR �_RECOMMENDATION OF BOARD COMMITTEE :<-' PPROVEHER SIGNATURES: �.. ; Gam-' ACTION OF BOARWO14APPROVED AS RECOMMENDED XX OTHER s t� VOTE OF SUPERVISORS _ X UNANIMOUS(ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Originator:Public Works(ES) Board of Supervisors on the date shown. Contact: Frank Navarro(313-22b4) G:1GrpData\EngSvc\BO\2004\07-20-04\SD 7713 Order.doc KD:nt cc: Public Works–T.Bell,Construction -K Dahl,Engineering Services ATTESTED: JULY2fl 2004 Current Planning,Community Development i T_May 20,2005 JOHN SWEETEN, Clerk of the Board of Supervisors Affinity Land&Construction Comparuy,Inc. P.O.Box 3378 and County Administrator Walnut Creek,CA 94598 Attn:Michael Affinito American Contractors Indemnity Company 9841 Airport Blvd.,9'Floor 3 Los Angeles,CA 90045 By ' —,Deputy Atm:Keith Sandruck Jr. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 20, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKE-A, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 403 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 92-07723, being developed by Affinity Land and Construction Company,Inc.,Bay Point area. (District V) The following documents were presented for Board approval this date: I. Map The Final map of Subdivision 92-07713, property located in the Baypoint area, Supervisorial District V, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Affinity Land and Construction Company, Inc., principal,whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements 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 on the date shown. Originator.Public Works(ES) Contact: Frank Navarro(313-2264) G:\orpDats\Engsvc\130\2004\07-20-04\SD 7713 so-21.doc ATTESTED: JULY 20, 2004 KD:rm JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Public Works—T.Bell,Construction -K Dahl,Engineering Services County Administrator Current Planning,Community Development T—May 20,2005 Affinity Land&Construction Company,Inc. P.O.Box 3378 Walnut Creek,CA 94598 By_ „- Deputy Attn:Michael Afl'nuto American Contractors Indemnity Company 9841 Airport Blvd.,9s'Floor Los Angeles,CA 90045 Attn:Keith Sandrock Sr. RESOLUTION NO.2004/ 403 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 92-07713, being developed by Affinity Land and Construction Company,Inc.,Bay Point area. (District V) DATE: July 20, 2004 PAGE: 2 A. Cash Bund Performance amount: $2,596.00 Auditor's Deposit Permit No. 427284 Date: June 30, 2004 Submitted by: Affinity Land and Construction Company, Inc. Tax ID Number: 68-0120323 B. Surety Bond Bond Company: American Contractors Indemnity Company Bond Number: 222082 Date: June 2 ,2004 Performance Amount: $2:57,004.00 Labor& Materials Amount: $129,800.00 Principal: Affinity Land and Construction Company, Inc. III. Tax Letter 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 2003-2004 tax lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first day of January 2004, is estimated to be $5,800.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Auditor's Deposit Permit: 426590 Date: June 21,2004 Cash Amount,: $5,800.00 Principal: Affinity Land and Construction Company, Inc. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: I. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/403 .1 Fid :SaR � N §� �� �*',��t�Y•Y�y ��ac >� 1 tld E�w ` F �Y ¢o,'a��pR z h •.'�� V !i < � l�^��� � � ` ca"�` ami � � it P t v • p ossa a rb'yr g `�s �, ��.��i7� F � 1� �� '©j1�, sa �tt�! t�p v�}i•'•i,`m,�"�yy I.�. j y �er•'�bu 9 :� as ia Sp; i HS ,acs 36S� bu.1d�.. Z;„-,WOOrl, zm x b+ C�5 tvc or ij r a�a m z d 3tga PW ��}} �a !Zw as x W, 5!4 'Mai. a d tk . rA �wt�� sn i ` y ' � � Al 34 �FZ�v7 �7 4 o a ',w� a ; ;e v- °�.. jvb�_ ' IW4 r a E k v t, zyR a +y��d we r v ;b 04 'y2F'.rC f•+G�i7 P" a`..,.•."•'". '+a!, �WC px< s'r,5' t r� � Pn+ 1 e� ctt i.�^ o �m as w i•t � o y� e c:.. v � �5r � zn�.`"fir," � 4m "tu'•U a� c' � area u> w. r^_;sx,.� S� v p+ c7 x P .a�•._ C1 p. 5 .. .47 Z}W SA+ 04 CCD o c �1 �� 9 �M� •�' t".� c'..0� O ��w��' :n ,z san(INV ONIWV3�1 ,00'$ec 1.00'e$c1 a f zPH 3. .s 1,152 50 i � ri } va ` Q 1 N i $ tilEli M-4 110. pp,, a 3.e5,tfAeS y � z S 340 C� 4 ,00'9L f .00'0L �� .!• bxx fit' a t fi Asa+ NFg i$'�iRl ttt)htzt,szean :„eg,Lt.$$5 �„e9,L4A95 it r��s &za,tz.t RLf ✓� M� <�ea u 0. rg 9 aw� � ,4B't�li A4LSt,t4Af#N �t�ac � �' 110 ' zo 5 �;,�di gat om MI o- P� t8jk Mai ux AV3 [az n zst tLem — .�px•zs 1 a' P Intl © L ^R ry y a ! �k 00 �zf�k.o�J {,q.,go,csa tM,So,6ma) v�m ��' ,68'4[c M.oi.+t.t�rt ,nn'i3 M,nt,+c.+aH ,CY'Olt A�,di,tifYtf �� •-t�rrfb':� tr.r_Scs� 'c>2�a.t�rt_f�7 — 'vY"�'f1 �� a------------ $ F � � v i h bo`tl bi pw < is E, p�o� v, 44 s5 tl 99 R� S5+6 ."1. Sbo S.'M' U Y ' F-Momm�a .4n IM c � Aa��pa �x m 14 to grr� p �O 0.5d �+6Mtr�FO�!y $Z` ^idYd td.J p^p I by. U aA�CC.qqd hti Ifyr' 'pypl wU xg ��. d a a�44n sa X ca p. ;-g o �H�6}H Yp UI f/�U ..iU 076x:-gat rh iL ..F r'1!U C-" UFJa m L7 GC His ES4Dtn &.CGsl i? tCp j z C5 d � R l zm I hi - Vi zz`� ©0 0 �0 u {?" I b l'i tS yt q Z a M �c N 'Y-Z. d V C " 0 < �'*` p. �m 0 �c°i a Ul � aa� lo � m �eo op 42 m� SUBDIVISION AGREEMENT (Gov.Code,§§66462 and 66463) Subdivision: 770 70 Effective Date: „�„�t��+►1 e'3�7^ Subdivider r le4dl r-& 1-41M !- . 3.r? Completion Period: THESE SIGNATURES ATTES TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER Maurice M.Shiu,P biic Works JPDlrector 4 � t. I�j By: Print ams -0 RECOMMENDED F P OVAL: Print Title By: Print Name { Ld' ; ngrn ring Services Lmlon Print Title Fr FORM APPROVED: Slkrano B.Marches!,County Counsel N{ OTE:Aiisignatures must be ac knowiedg .If Subdivider is Incorporated,the contract must be signed by two officers.The first signature must be that of the chairman of the board,president,or vice-president;the second signature must be that of the secretary, assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of California ) as. County of �"Nxr� 130�i ) On the date written below,before me,the undersigned Notary Public,personaNy appeared the person(s)signing above for i' %"t. 1� '}y'YTOpersonally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)Ware subscribed to the within Instrument and acknowledged to me that helsheithey executed the same in hbsiherltheir authorized capacity{les),and that by hWherltheir signature(s)on the Instrument the person(s),or the entity upon behaff of which the person(s)acted, executed the instrument WITNESS my hand and official seal. Dated: ', MUNAR NO"1 ie (Notary Seal) Ptto ,� - NIA A COSTA NI CC)UlV7Y� 1. PARTIES&DATE.EffectiveNEMAY (hereinafter'County")end the above-mentioned Subdivider mutually promi eand agree as follows concerning this Subdivision: 2. IMPROVEMENTS.Subdivider agrees to install certain road improvements(both public and prlvata),drainage Improvements,signs,street lights,foe 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 Costs County Pubic Works Department,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto (hereinafter"Ordinance Code'). SubdNidershall complate said Improvements(hereinafter"Work")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. Code,§§66411 et seq.)in a good workmanlike manner,In accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder,and where there is a conflict among the Improvement plans,the Conditims of Approval and the Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENTS SECURITY, Upon executing this Agreement,the Subdividershall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County. A, For Performance and Guaranis a:$ > �6 0 cash,plus additional security,in the amount of$ IF7,00 Y,A?which together total one hundred percent(106%)of the estimated oust of the Work. Such addltlonal security Is presented In the form of: Cash,certified check or cashlefs check Acceptable corporate surety bond. Acoeptable irrevocable letter of credit With this security,Subdivider guarantees performance underthbs Agreement and maintenance of the Work forons yearafter Its completion and acceptance against any detective workmanship or materials or any unsatisfactory performance. form of: B. For Payment: Security in the amount$ 6 300,00,which is fifty percent{5096}of the estimated cost of the Work.Such security is presented in the Cash,certified check,or cashier's check Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit (Rev.9103) Page 1 of 2 With this security,Subdivider guarantees payment to the contractor,to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in accordance with Sections 94.4.606 and 94-4.468 of the Ordinance Code. 4, GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shall be free from defects in material or workmanship and shall perform satisfactorily 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 Subdivider's expense,any defects in said Work. The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system. 5. PLANT ESTA5.1,1SHMENTWOR K.Subdivider agrees to perform plant sstablishmentworkfor landscaping 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 an sure establishment of plants. Said plant establishment work shall be performed for a period of one(1)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 accomptlsh the Work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. N,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 the Work anchor materials or statement by any officer,agent or employee of the County indicating the Work or any pari 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 reileve the Subdivider of Its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby 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 Ilabltltes as defined In this section: A. The indemnitees benefitted and protected by this promise are the County and its specialdistricts,elective and appointive boards,commissions,officers,agents and employees. S. The liabilities 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 Injury,death,property damage,inverse condemnation,or any combination of these,and regardlass of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said Improvement plans or accepted the Work as complete,and Including the defense of any sulks),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing tiabtifty are any act or omission(negiigent or non-negligent)In connection with the matters covered by this Agreement and attributable to Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them. D. NonJCondltions.The promise and agreementIn this section am notoondidoned or dependent on whether ornot any Indernriftee has prepared,supplied,or approved any plans)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 wHIM misconduct of any Indemntee. 9. COSTS. Subdivider shall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing uti ties required thereby;inspections;material checks and tests;and other costs Incurred by County staff arising from or related to the Work and prior to acceptance of the Work as complete or expiration of any applicable warranty periods, whichever is later. 10. SURVEYS.Subdivider shall set and establish survey monuments In accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS. If Subdivider fails to complete the Worts within the time specified in this Agreement,and subsequent extensions,or fails to maintain the Work,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 County(including,but not limited to,engineering,inspection;surveys,contract,overhead,etc.)Immediately upon demand. Once action is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs Incurred by County,even if Subdivider subsequently completes the Work. Should County sue to compel performance under this Agreement or to recover costs Incurred In completing ormaintaining the Work,Subdivideragrees to pay all attorney's fees, staff costs and all otherexpenses of litigation incurred by County In connection therewith,even 9 Subdivider subsequenty proceeds to complete the Work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the Work as complete,the Subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,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 tights of a third party beneficiary against Subdivider,who shall fulfill all the teres of this Agreement as though Subdivider had contracted with the city originally.The provisions of paragraph 8(Indemnity)shalt continue to apply in favor of the Indemnftees listed in paragraph B.A.upon any such incorporation or annexation. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the final map or parcel map for said Subdivision. 14, RIGHT OF ENTRY.Subdivider hereby consents to entry onto the Subdivision property,and onto any other property overwhich Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvement plans,by County and its forces,including contractors,for the purpose of Inspection,and,in the event of non-performance of this Agreement by Subdivider,completion and/or maintenance of the Work. Form Approved by County Counsel (Rev.91031 H:iFinaAPWILWSubAgmt9.03.wpd Page 2 of 2 _. _. COUNTY OF CONTRA COSTA DI►IPOSrT PERJMfk"T OFFICE OF COUWY AUDITOR-CONTROLLER TO Th!TREASURER: . MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (For Cash Ccfiechon Procedures see County Administrator's bulletin 105.) DESCRIPTION FUND/ORG SUB. TASK OPTION ACTIVITY AMOUNT $ ',7 �U 7 ,-. Prif yi'u�iax'Eli, 1 L6017 7 i 1 T+ c IUr,: PLANATION: - TOTAL $ 1 fr,r` f >c ' ,r s% ; %s !�l DEPOSIT DVosit consists of the following items COIN and CURRENCY $S,r(y ,F+ r' Y i. �� „f >- ,.._ CHECKS.MC;,ETC :j,. 2 W l I 1 r� l 1 r ,I BANK DEPOSITS $ —17' FOR AUDITOR-CONTROLLER USE ONLY 11llC r ' �i'!` '.'. '' t , ! ' DEPOSIT E q 2 (-Y> 211) 6')," 2V V r NUMBER DATE ~I ASSIGNED The amount of money desa'sbed above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Tmosury acknowledged 19Signed: Signed. EXT:E 7 r�V Auditor County Treasurer ,_,.�-..... , Deputy Deputy ntY r7ci 1-34 REV.(7-93) \.. 1 to C-1 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA HE TREASURER: WED FROM ORGANIZATION NUMBER 7 (Far Cash Collection Procedures we County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACCT. TASK OPTION ACTMTY AMOUNT $ I r , i %,7 Qt & l 3 Vx) 1 � I I 75 p 1 t I I 1 tr tO ./7 f./ t {f i I I i I I t I 1 I I 'LAVATION: TOTAL $ DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.0,ETC $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USfONLY ; DEPOSIT PERMIT NUMBER DATE > Ij ASSIGNED amount of money described above is for Treasurers receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. _ acknowledge Date w Signed: Signed: EICT ,,.1 7 Deputy County Audihx Depu County Treasurer REV(7-93) 30 1.�S 0682-9752 / 819200: 61138915, $2,775.00, Parker Ave. Undergrounding. John Bessolo, PO Box 186, Rodeo, CA 94572 0682-9752 / 819200: 61138924, $2,500.00, Parker Ave. Undergrounding, Graciett G. Serpa, 568 Buena Vista Dr., Pinole, CA 92564 0682-9752 / 819200: 61138925, $400.00, Parker Ave. Undergrounding, Demartile, 550 San Pablo Ave, Rodeo, CA 94572 819800-0800: 61138918, $18,900.00, Sub 8684, Cash Bond, Shapell Industries, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1138923, $2,596.00, SD 92 7713, Cash Bond, Affinity Land & Construction, Inc. PO Box 3378, Walnut Creek, CA 94598 0649-9665 / 831000: 61138918, $88.400.00, Sub 8684, Inspection Fee Deposit, Shapell Industries, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000: 61138919, $1,400.00, F C Permit 623-04, Cash Deposit, Chevron Pipe Line Company, PO Box 9034, Concord, CA 94524 0649-9665 / 831000: G1138921, $1,400.00, F C Permit 623-04, Cash Deposit, Metro PCS, 929 Spring Water St., Danville, CA 94506 0649-9665 / 831000: 61138923, Affinity Land & Construction, Inc. PO Box 3378, Walnut Creek, CA 94598 $1,000.00, SD 92 7713, Processing Deposit - $15,182.00, SD 92 7713, Inspection Deposit Subdivision: TRACT 7 713 Band No.: 222082 PR.MUM: $ 12,850.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 - 66499.14) 1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision TRACT 7713 ,as specified in the subdivision agreement and to complete said work within the time 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 a final map or parcel map for said subdivision. �. OBLIGATI()N: AFFINITY LAND & CONSTRUCTION CO INC' as principal and AMERICAN CONTRACTORS INDEMNITY COMPANY , a corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: Two HITNIpRFT) FIFTY SEVEN THOiTSANT) Fong L--0641 0n Dollars ($ *** 257,004.00 *********** )for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: ONE HUNDRED TWENTY NINE THOUSAND FIGHT HTINnRFD & L10'I I ao Dollars ($** 129,800.00 ************ )to secure the claims to which reference is made in Title XV (commencing with Section 3052) of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs, executors,administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers, agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorneys fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.8.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Centra Costa and all contractors,subcontractors,laborers,material men and ether persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials fiirnished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above Set forth and also,incase suit is brought upon this bond,will pay,in addition to the tact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee) in successfully enforcing Such obligation, to be awarded and fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division.3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,thea this obligation shall become null and void,otherwise it Shall be and remain in full force and effect. C. No alteration of Said..Subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the Surety from liability on this Bond;and consent is hereby giver}to make such alteration without further notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND SEALED on JUNE 23RD, 2004 PRINCIPAL:AFFINITY LAND & CONSTRUCTION. , INC. SURETY: AMERICAN CONTRACTORS INDEMNITY COMPANY Address: PO BOX 3378 Address: 9841 AIRPORT BLVD. , 9TH FLUOR-- WAL T CREEK - City: .Zip: 94598 City: LOS ANGELES Z. . �90045) Pant Name £ Print Name: KEITH SANDROCK. JR. ✓ i Title: zr°f' :_n Title: Attorney-in-Fact ,II)mWJap C."Dmuments wW Settingslsgospod\Local Seffing Vrempa aty Intmw Fi1es\0LK4tBN-I2.d0c Rev.April 22,2004 American Contractors IndemnityCompany p Y 9841 Airport Blvd.,9th Floor,Los Angeles,California 90045 05-4087 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation does hereby appoint, Keith Sandrock,Jr.,or Aimme M.Schlosser of Pleasanton, CA Its true and lawful Attorneys)-in-Fact, with full authority to execute on its behalf bonds,undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed$ ***S2,5 _W,Q00,Q0 Dollars.** . This Power of Attorney shall expire without further action on September 27,2005, 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 AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVEL? that the Chief Executive Of President or any Pce President, Executive Fice President, Secretary or Assistant Secretary, shall have the power and authority 1. 7o appoint Attorneys)-in-Fact and to authorize them to execute on behalf of the Company,and attach the seal'of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove,at any time,any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the I st day of September,2000. 0AMERICAN CONTRACTORS INDEMNITY COMPANY KORP0100 SIPL 26,1M q By: GtC � Andy T.Faust,Jr.,Corporate President STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On this 1st day of September,2000 before me,Norma J.Virgilio,a notary public,personally appeared Andy T.Faust,Jr.,Corporate President of American Contractors Indemnity Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. NORMA J.VI LIO WITNESS my hand and official seal Comn+ihmion i 1322310 z Nottisry Pubk-Cellfarnls j Los Angel"County Norma J.Virgilio,Nota *CommX27.2005 I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this_23RDday of JUNE 200_fes_._. Bond No. —222082 eA #9005 ,_.� ._._.... Agency No. JAMES H. FERGUSONVCorporate Secretary rev.POA04120!01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF ALAMMA ) On 6123/2004 before me, ZULMA NAVARRO, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER—E.G..,"JANE DOE,NOTARY PUBLIC" s personally appeared, KEITH SANDROCK, JR. personally known to me { } to be the person(l) whose name(t) istze subscribed to the within instrument and acknowledged to me that he/ executed the same in his authorized capacity ), and that by his/l Wsignature(X) on the instrument the person(i), or the entity upon behalf of which the person{]) acted, executed the instrument. WITNESS my hand and official seal. Z LM CO MMv *1407710 X s " ? % — '`` 1,'Ii°✓�'� E = a, NOTARY PUBLIC-CAUFORNIA0 'OT 0 1 (SEAL) ALAMEDA COUNTY s NOTARY P `BI IC i�'IGNATURF: C+JMM.W.MARCH 28,WI27 OPTIONAL INFORMATION 'f}d15{)PT.ONAL?t1FCRbIAi(ON SECTION B N(OT REQUTKE7 8Y I—AW BUT MAY 9F BL-Nf'FICIAL TO PERSONS R£LYINGON TRIS NOTARIZED DOCUMENT. g T"14,14,OR TYi F OF DOCUMENT DATE OF DOC'UMEN,r NNUMBER OF?AGES } Sif.aNER(S)OTHER THAN NAMED ABOVE ' SIGNER'S NAME KEITH SANDROCKy iiZ. ATTORNEY SAG i 3 n C i""HU4i$r^R ti; s R3GfFr T11UV.BP P,'T f i 3 � i Mate of California ) ss. County of Contra Costa ) On July 7,2004 before me, J.Martin ,Notary Public personally appeared Michael J. Affinito 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 and official seal. I MARTIN 1 t CONTRA COSTA COUNT�t'j a.ltyv t9sa tvt ACu A rtJk ;,�; SIGNATURE 1Lf 6/9/04 PLACER$42 7713 Tax collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Coliector Finance Building, Doom 100 P.O. Box 631Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX `") Tax Operations Supervisor Date: 6/9/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS 'VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 7713 BAY POINT 79024 Parcel#. 098-230-014-7 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 2003-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $5,800.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Cleric of the Board of Supervisors. WILLIAM J. POLLACEK, Treastlr ax Colk ctor By: f J IM-21-2004 MOIL 04:45 PM PIACER TITLE FAIRFIELD FPX NO, 0 F, 02102 06/21/2OO4 12:30 00 PAGE 02 County of Contra Costa Deposit Permit office of County Auditor-Controller Martinez, Caftrnla To the TraaaurTr Recelved From, T`I aSIA398 TAY CQUECT Et or'gahintion Number tl0i� jewaaVon) 12A 0MR—T ST,BN 120 Malrt1mg.Ca. 945,63 (trot Crab Canadian i'tecudums$40"my AdminisbiWi euiiatln"14~ , Fu dt $iib Aoot T94k Amount SUBDIVISION TAX GUARANTEE $10,300 0800 ISUBDIMSION 41t tit.gt BY Cot' I : ; 't';:::;.: Total OKI'TAX GUARANTEE TRACT 1 MS 'f�'.`;'„ '��; > k Consirs of the foltnwina it�sms L!".to 490! 2064-2+005. . t�t.�OURAGlto�f 4 MICHAEL AFFINIT€ GH oOKS,M,4„Eta, C/O AR'FITITY LAND SANK DIPOSTs � 2661 CASAhIDRA COURT FOA Ai.roixOR-CONTROLLER use ONLY WALNUT CREEK CA. 94598 oePosrr PER147 NUMSER AND HATE"SJUNRO: 925.942-0223 op# 42a90 BATt MIL The lYnount of nwmq detwWod adore la for Deposit itch 7raoZY01's (welpt of myo amount is Renelpt orebeve amaurt e.b,wyacknts,A4dg4W. [-1 w rAY Tmoaury. aPprcvat, .bins 21,� g Deft" uk OtA 97.5-937.x342 #:igna+i: 3ERttod iiJii9Jt�N TAX SPECIA i T oa ca Audi#ar. a,a. a - HUMA ^'; ENGINEIrRINts ¢- S'URVIJYING 1021 BROWN AVE. LAF'AYETTE, CA 94549 PIi (925)283--5000 FAX (925)283-3578 April 12,2004 Sob#03093 ENGINEER'S COST ESTIMATE For Bonding;Purposes RE: Tract 7713 .Bay point, CA ITEM DESCRIPTION QUANTITY UNIT PRICE COST INTERIOR STREET QLnve D 1. Finish Grading 20,935 sf 0.30 6,280.50 2. 0.67' Aggregate Base 15,060 sf 2.88 43,372.80 (assumed) 3. 0.25' Asphalt Concrete 13,120 sf 2.83 37,129.60 (assumed) 4. Type"S1-6"Curb 8471f 24.00 20,328.00 5. Sawcut Ex.Pavement 200 if 1.22 244.00 6. PCC Sidewalk 3,382 sf 4.50 15,219.00 Sub Total 122,573.90 MISCELLANEOUS. 7. Handicap Ramps R=30' 2 ea. 2,500.00 5,000.00 8, Street Signs w/pole 9 ea. 500.00 4,500.00 9. Street Monuments 2 ea. 1,000.00 2,000.00 10. Street Lights Y 2 ea. 7,500.00 15,000.00 INAASzq Sub Total 26,540.00 CF iJ^ ! HUMANN COMPANY INC. - ENGINEERING — SURVEYING 1021 BROWN AVE. I.AFAYETTE, CA 94549 PH (925)283-5000 FAX (925)2€33-3578 ITEM DESCRIPTION QUANTITY UNIT PRICE COST STORM DRAIN. 11. Type I Manhole I ea. 2,400.00 2,400.00 12. Type "A"Inlet 2 ea. 1,700.00 3,400.00 13. Type "A"Inlet/ I ea. 2,700.00 2,700.00 Type I MH Base 14. Type"C"Inlet/ 1 ea. 2,800.00 2,800.00 Type I MH Base 15. Non-Std. SD Inlet 4 ea. 1,000.00 4,000.00 16. Curb Drain 8 ea. 40.00 320.00 17. Storm Drain Pipe: 12" SD 302 If 46.00 13,892.00 18"SD 395 If 69.00 27,255.00 18" SD(in enc. Pavement) 289 If 104.40 30.171.60 Sub Total 86,938.60 Grand Total 236,012.50 Contingency LS 10% 23.601.25 Estimate Total 259,613.75 NA zbw, Na a CNLI ' M 2 j HU ANN COMPANY INC. OENGINEIRING — UPVEYI1tiTC 1021 BROWN AVE. LAFAYETTE, CA 94549 PH (925)283--5000 FAX (925)283-3578 April 12,2004 Job#03093 ENGINEER IS COST ESTIMATE For Bonding Purposes RE: Tract 7713 Bay point, CA ITEM DESCRIPTION QUANTITY UNIT PRICE COST INTERIOR STREET(Drive D 1. Finish Grading 20,935 sf 0.30 6,280.50 2. 0.67' Aggregate Base 15,060 sf 2.88 43,372.80 (assumed) 3. 0.25' Asphalt Concrete 13,120 sf 2.83 37,129.60 (assumed) 4. Type"S1-6"Curb 847 if 24.00 20,328.00 5. Sawcut Ex.Pavement 200 if 1.22 244.00 6. PCC Sidewalk 3,382 sf 4.50 15.219.00 Sub Total 122,573.90 MISCELLANEOUS. T Handicap Ramps R=30' 2 ea. 2,500.00 5,000.00 8. Street Signs w/pole 9 ea. 500.00 4,500.00 9. Street Monuments 2 ea. 1,000.00 2,000.00 10. Street Lights 2 ea. 7,500.00 15,000.00 Sub Total 26,500.00 yp n aa-31-07 q IUM NN COMPANY INC. E1INFIi RING — SURVEYII�IC 1.021 BROWN AVE. LAFAYETTE, CA 94549 PH (925)283--5000 FAX (925)283-3578 ITEM DESCRIPTION QUANTITY UNIT PRICE COST STORM I)"M 11. Type I Manhole I ea. 2,400.00 2,400.00 12. Type"A"Inlet 2 ea. 1,700.00 3,400.00 13. Type"A"Inlet! I ea. 2,700.00 2,700.00 Type I MH Base 14. Type "C"Inlet/ 1 ea. 2,800.00 2,800.00 Type I MH Base 15, Non-Std. SD Inlet 4 ea. 1,000.00 4,000.00 16. Curb Drain 8 ea. 40.00 320.00 17. Storm Drain Pipe: 12"SD 302 If 46.00 13,892.00 18"SD 395 If 69.00 27,255.00 18"SD(in ex. Pavement) 289 If 104.40 30.171.60 Sub Total 86,938.60 Grand Total 236.012.50 Contingency LS 10% 23,601.25 Estimate Total 259,6:13.75 stq, 4A OF r 2