HomeMy WebLinkAboutMINUTES - 02231993 - 1.15 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 23, 1993 by the following vote:
AYES: Supervisors Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: Supervisor Powers
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ABSTAIN: None RESOLUTION NO.93/72
SUBJECT: Completion of Improvements, Approval of the Parcel Map and Road
Improvement Agreement for Improvement Warranty for Subdivision MS 2-87,
Pleasant Hill/Martinez Area.
The following documents were presented for Board approval this date:
The Parcel Map of Subdivision MS 2-87, property located in the Pleasant
Hill/Martinez area, said map having been certified by the proper officials.
A Road Improvement Agreement for Improvement Warranty with Jack Lee
Schrader, 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 warranty 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. 220550, dated February 9,
1993) in the amount of $850.00 made by Klise Jacqueline.
1I. 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.
NOW THEREFORE BE IT RESOLVED that the improvements have been
COMPLETED as of February 8, 1993, thereby establishing the six-month terminal period
for the filing of liens in case of action under said Subdivision Agreement:
BE IT FURTHER 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 Road Improvement Agreement for
improvement warranty is also APPROVED.
Contact: Melissa Morton - 313-2347 1 hereby certify that this is a true and correct copy of
Originator: Public Works (ES) an action taken and entsied on the minutes of the
cc: Director of Community Dev.
Board of SupawL&= the 2atoJ;hown.
Public Works - Const. ATTESTED: gg�� 3 t
PHIL BATCHELOR,Clerk of the Board
Jack Lee Schrader of Supervisors and County Administrator
Klise Jacqueline
P.O. Box 5261 ByJ1 .Deputy
Pittsburg, CA 94565
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BO:23.t2
RESOLUTION N0. 93/72
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Tax Collector's Office Contra Alfred P.Lomeli
Coun Treasurer-Tax Collector
625 Court Street Costa Joseph L.Martinez ,
Finance Building,Room 100 Deputy Tax Collector
P.O.Box 631 County Martinez.California 94553-1280 Nancy L.Webster
(510)646-4126 Department Account Clerk Manager
M.Ruby Lagrimas
Supervising Clerk
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IF THIS TRACT IS NOT FILED BY FEBRUARY 28, 1993 , THIS LET'T'ER IS VOID.
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This will certify that I have examined the map of the proposed subdivision
entitled:
MS 2-87 Pacheco 79063 -- Unicorp.
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 current 1992-93 tax lien has been paid in full.
ALFRED P. LOMELI
TREASURER-TAX COLLECTOR
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S-61
ROAD IMPROVEMENT AGREEMENT
FOR !,
IMPROVEMENT WARRANTY /
(After Construction is Complete)
(Government Code SS66462 and SS66463)
(S1) Development: S —2,- (S1) Effective Date: �. r 2 7? --17 3
(S2) Road: A,�N 2te&&Z
(S1) Developer•
(S3) Maintenance Period: 0 1J& y�'2
Deposits:
A. (Cash)S
S. (Bonds, etc) s v O
1. (Faithful Performance & Maintenance)S
2. (Payment)E
1. PARTIES & DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called
"County", and the above-named Developer, mutually promise and agree as follows concerning this development:
2. IMPROVEMENT WARRANTY. Developer warrants that the road and street improvements, development drainage,
street signs, and all other public improvements were constructed, installed and completed in this development in
a manner equal or superior to the requirements of the County Ordinance Code, Title 9.
3. . GUARANTEE & MAINTENANCE. Developer guarantees that the aforesaid development improvements are and will be
free from defects and will perform satisfactorily in accordance with County Ordinance Code; and he shall maintain
the improvements for one year after the date of this agreement against any defective workmanship or materials or
any unsatisfactory performance.
4. IMPROVEMENT SECURITY: DEPOSIT & BONDS. This obligatiepeLr
to the condi o s set forth on the
reverse side hereof.
CONTRA COSTA COUNTY:
J. Michael Watford
Public Works Director gnature
Print
Signature
Print
RECOMMENDED FOR APPROVAL: Note to Developer: Attach acknowledgment form below
and affix corporate seal.
By: (CORPORATE SEAL)
FORM APPROVED: Victor JrWestman
STATE OF CALIFORNIA }ss.
COUNTY OF Contra Costa }
.It On 2/8/93 before me, M. Cordran
me in .individual and
personally appeared Jack Lee Shrader he/they executed it,
F_ that the corporation
proved
E to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within
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iz instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
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and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the
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persons)acted,executed the instrument.
OFFICIAL SEAL S
M. CORDRAY
l• WITNESS my hand and official seal. _ `� NOTARY PUGLIC-CALIFORNIA
CD
c = COUNTY OF CONTRA COSTA
Signature = My Comm. Exp. Nov. 5. 1993
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(This area for official notarial seal)
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4. IMPROVEMENT SECURITY: DEPOSIT & BONDS. Upon executing this agreement, Developer shall deposit as security
with the County:
A. CASH: $1,000 cash or 1% of the estimated cost of the improvements, whichever is more; together with
B. Bond.etc: (1.Faithful performance) additional security totaling •15% of the cost of the estimated
improvements less the cash deposit in the form of a cash deposit, acceptable instrument of credit, or an
acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the
work for one year after the date of this agreement against any defective workmanship or materials or any
unsatisfactory performance; plus (2. payment for labor & materials) another such additional security in at least
the above specified amount, which is 50% of the estimated cost of the aforementioned improvements, securing
payment to the contractor, to. his subcontractors, and to persons renting equipment or furnishing labor or
materials to them or to the Developer. Said payment bond to become null and void six months after the _completion
of improvements.
5. NO WAIVER BY COUNTY. Inspection of the improvements and/or materials, or approval of improvements and/or
materials inspected, or statement by any officer; agent or employee of the County indicating that the
improvements or any part thereof comply with the requirements of this agreement, or acceptance of the whole or
any part of said improvements and/or materials, or payments therefor, or any combination or all of these acts,
shall not relieve the Developer of his obligation to fulfill this agreement as prescribed; nor shall the County
be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the
terms and conditions hereof.
6. INDEMNITY. Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in
this section:
A. The indemnitees benefited and protected by this promise are the County, and its special district,
elective and appointive boards, commissions, officers, agents, and employees;
B. 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 regardless of whether or not such liability, claim
or damage was unforeseeable at any time before the County approved the subdivision map or accepted the
improvements as completed, and including the defense of any suit(s), action(s), or other proceeding(s) concerning
these;
C. The actions causing liability are any act or omission (negligent or non-negligent)in connection with
the matters covered by this agreement and attributable to the Developer, 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 Indemnitee has prepared, supplied, or approved any plan(s) or specification(s) in connection with the
improvements or development, or has insurance or other indemnification covering any of these matters.
7. COSTS. Developer shall pay or have paid when due all the costs of the work, including inspections thereof
and relocating existing utilities required thereby.
8. NONPERFORMANCE AND COSTS. If Developer fails to maintain the work and improvements during the time
specified in this agreement, County may proceed to maintain them by contract or otherwise, and Developer shall
pay the costs and charges, therefor immediately upon demand. If County sues to compel performance of this
agreement or recover engineering costs and the cost of maintaining the improvements, Developer shall pay all
reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection
therewith.
9. ASSIGNMENT. If before the completion of the maintenance period the development is annexed to a city, the
County may assign to that city the County's rights under this agreement and any deposit or bond securing them.
10. LABOR & MATERIALS, WARRANTY. Developer further warrants that the claims and liens of all persons,
contractors, and subcontractors furnishing labor or materials for the installation of said improvements in the
development have been satisfied. The Developer agrees to satisfy any valid claims or liens of labor and
materialmen as to the said improvements and development appearing hereafter upon demand by the County.
11. CONSIDERATION. In consideration hereof, County shall clear the development for occupancy, and recognizes 1
this development as one complying with State laws and County ordinances, j
AG:26 (ES-4/89)
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PUBLIC WORKS DEPARTMEX-r
CONTRA COSTA COUN T
BOARD DAM 3 - c,- 3
TU: Cleric of the Board/Recorders Office
FROM: Public Torics Department, Engineering Services Oi visi an
SUBJEM-
The following documents , with appropriate 3oard Orders attached and this
transmi tial , shal t accompany -;UA:N4/Parcel .Map MS a-e 7 to the Count?
Recorder's Office.
( ) No documents required
(X) Deferred Improvement Agreement
( ) Offer. of Dedication - Roads
( ) Offer of Dedication - Drainage
( ) Grant Deed of Development Rights
( ) Consent to Offer of Dedication - Roads
( ) Common (Ise Agreement
( ) Orainage Release
( ) Relinquishment of Abutters' Rights-
other
ightsOther
The map and documents shall be transmitted to the Recorder's Office
simultaneously by CZC) (RC—eu&I G Title Company ( ,A�t)Ci ti9OR�frn)
_21? SS ) , contact person )
(terepnone no. TI THE CDMPAAN XDCP DCINF6C
NOTE TO TITLE COMPANY: Please submit a guarantee letter and map recording fee
to the County Recorder at the time the map and documents are- filed with the
Recorder's Officer.
NOM TO RECORDER: Please ensure that the documents listed above are attached
to the map so that the map and documents can be recorded concurrently.
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