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Public Works Department
Records Section
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 14, 1989 by the following
vote:
AYES: Supervisors Powers , Fanden, Schroder, McPeak & Torlakson
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 89/92
SUBJECT: Completion of Improvements, Subdivision 5980, Phase I
and Approval of a Substitute Subdivision Agreement,
Subdivision 5980, Phase II, Alamo Area.
The Public Works Director having reported that a portion of
the improvements for subdivision 5980 have been completed and
that Valley Oaks Associates, developer, has requested the project
be split into two phases so the improvements for Phase I can be
accepted as complete, and the construction improvements for Phase
II can be secured with a substitute subdivision agreement. Phase
I improvements consist of the access road to lots 1, 9 , and 11 at
the end of Gay Court. Phase II consists of the improvements for
the remaining ten lots which have access off the end of Valley
Oaks Drive.
The Public Works Director having notified this Board that
the improvements in Subdivision 5980 Phase I have been completed
as provided in the Subdivision Agreement with Valley Oaks
Associates heretofore approved by this Board in conjunction with
the filing of the Subdivision Map.
The following document was presented for Board approval this
date:
A substitute Subdivision Agreement for Subdivision 5980,
Phase II, with C & H Partnership, subdivider, whereby said
subdivider agrees to complete all improvements for Phase II as
required in said Subdivision Agreement within one year from the
date of said agreement.
Said document was accompanied by the following:
Security to guarantee the road and drainage improvements as
required by Title 9 of the County Ordinance Code, as follows:
a. Cash deposit (Auditor's Deposit Permit No. 151607 ,
dated January 27, 1989) in the amount of $1, 300,
made by C & H Partnership.
b) Additional security , in the form of a corporate surety
bond dated January 13, 1989, and issued by Fidelity and
Deposit Company of Maryland (Bond No. 30140762) with C
& H Partnership as principal, in the amount of $134 , 200
for faithful performance and $67,750 for labor and
materials.
RESOLUTION NO. 89/92
NOW THEREFORE BE IT RESOLVED that the improvements in Phase
I have been COMPLETED as of February 14 , 1989 thereby
establishing the six-month terminal period for the filing of
liens in case of action under the original Subdivision Agreement:
DATE OF AGREEMENT Security
June 30, 1981 American Savings
Letter of Credit No. 88-039
United Pacific Insurance
Company
Bond No. 4346078
BE IT FURTHER RESOLVED that said substitute Subdivision
Agreement is APPROVED.
BE IT FURTHER RESOLVED that the Phase II portion of the
Subdivision Agreement with Valley Oaks Associates, as approved by
the Board on June 30, 1981, is TERMINATED, and the improvement
security bond with United Pacific Insurance Company and the
letter of credit with American Savings are EXONERATED.
BE IT FURTHER RESOLVED that there is no one year warranty
period required on the Phase I improvements, and the Public Works
Director is AUTHORIZED to refund the $1, 000 cash security for
performance (Auditor's Deposit Permit No. 42427, dated June 29,
1981) plus interest in accordance with Government Code Section
53079, if appropriate, to Valley Oaks Associates and the $913
cash security for performance (Auditor's Deposit Permit No.
145631, dated September 13 , 1988) plus interest in accordance
with Government Code Section 53079, if appropriate, to American
Savings and Loan Association pursuant to the requirements of the
Ordinance Code.
1 hereby certify 11181 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.
ATTESTED: FE R 14 1g89 -
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By
Deputy
Originator: Public Works (ES)
cc: Community Development Department
Public Works - Accounting
- Construction
- Tickle 8/1/89
Recorder (via clerk) then PW Records
Valley Oaks Associates
375 Diablo Road, #200
Danville, CA 94526
American Savings
343 East Main St.
Stockton, CA 95201-0300
United Pacific Insurance Company
P. O. Box 7870
San Francisco, CA 94120
C & H Partnership
P. O. Box 507
Danville, CA 94526
Fidelity and Deposit Company of Maryland
100 First St. , #1700
San Francisco, CA 94105
American Savings and Loan Association
P. O. Box 429
French Camp, CA 95231
BO: 14.t2
RESOLUTION NO.89/92