HomeMy WebLinkAboutMINUTES - 01051993 - 1.14 Recorded at the request of:
Contra Costa County
Return to:
Public Works Department
Records Section
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 5, 1993 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 93/4
SUBJECT: Completion of Improvements, Approval of Road Improvement Agreement
and Declaring Certain Roads as County Roads, Subdivision 6922, Oakley
Area.
The Public Works Director has notified this Board that the improvements in
Subdivision 6922 have been completed as provided in the Subdivision Agreement with
Oakley 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 for Subdivision
6922, property located in the Oakley area.
A Road Improvement Agreement with Oakley Associates, developer, whereby said
developer agrees to complete all improvements as required in said Road Improvement
Agreement within one year from the date of said agreement. Improvements generally
consist of restoring Oak Villa Court, used for the purpose of exhibiting model homes.
Said document was accompanied by the following:
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. 215191, dated October 21, 1992)
in the amount of $1,000, made by Oakley Associates.
b. Additional security in the form of:
A corporate surety bond dated April 22, 1992, and issued by Developers
Insurance Company (Bond No. 217612S) with Oakley Associates as principal,
in the amount of $12,000 for faithful performance and $6,500 for labor and
materials.
NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement
is APPROVED.
BE IT FURTHER RESOLVED that all other subdivision improvements have been
COMPLETED as of November 30, 1992, thereby establishing the six-month terminal period
for the filing of liens in case of action under said Subdivision Agreement:
DATE OF AGREEMENT SURETY
January 17, 1989 Developers Insurance Company
Bond No. 967311S
RESOLUTION NO. 93/4
J ♦a
SUBJECT: Completion of Improvements, and Declaring Certain Roads as County Roads,
Subdivision 6922, Oakley Area.
January 5, 1993
Page -2-
BE IT FURTHER RESOLVED that the widening of Laurel Road and the
construction of the hereinafter described roads, as shown and dedicated for public use on
the Final map of Subdivision 6922 filed February 21, 1989, in Book 330 of Maps at page 35,
Official Records of Contra Costa County, State of California, are ACCEPTED and
DECLARED to be County Roads.
Road Name Road/Right of Way Widths Ft.) Lengths (Miles)
Oak Glen Drive 36/56 0.07
White Oak Court 36/56 0.09
Oak View Lane 36/56 0.09
Century Way 36/56 0.20
Hacienda Drive 36/56 0.21
Heritage Way 36/56 0.03
Mission Court 32/52 0.03
Oak Grove Court 32/52 0.03
Oak Grove Drive 36/56 0.15
Oak Grove Drive 36/80 0.02
Oak Grove Drive 36/Varies 0.02
Creekside Way 28/40 0.19
Oak Villa Court 32/52 0.05
BE IT FURTHER RESOLVED that the beginning of the one year warranty period
is hereby established, and the $7,400 cash deposit (Auditor's Deposit Permit No. 150376,
dated December 30, 1988) made by Oak Builders Incorporated be RETAINED for one year
pursuant to the requirements of Section 94-4.406 of the Ordinance Code.
Contact: Melissa Morton - 313-2347 t hereby certify that this is a true and correct copy -)+
an action taken and entered on the minutes of the
Originator: Public Works (ES) Board of Supsrs the date shown.
cc: Public Works - Accounting ATTESTED: N I 1993
- Construction PHIL BATCHELOR,Clerk of the Board
- Maintenance of Supervisors and Co my Administrator
(w/Plat) � Deputy
Tickle File 1/5/94 By
Recorder (via clerk)
then PW Records
CHP, c/o AI
CSAA-Cartog
Sheriff-Patrol Div. Commander
Oakley Associates
395 Taylor Blvd., #120
Pleasant Hill, CA 94523
Developers Insurance Company
333 Wilshire Ave.
Anaheim, CA 92801
Oak Builders, Inc.
395 Taylor Blvd., #120
Pleasant Hill, CA 94523
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BO:bo5.t1
G A qRE
C01
Recorded at the request of: 93pQ�o
/JAN 12 1993
Contra Costa County 89 I
Return to: AT ` O'CLOCK M.
Public Works DepartmentCONTRA OSTA COUNTY
Records Section R
STEPHEN L WEIR
7RDER
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUN'T'Y,
Adopted this Resolution on January 5, 1993 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 93/4
SUBJECT: Completion of Improvements, Approval of Road Improvement Agreement
and Declaring Certain Roads as County Roads, Subdivision 6922, Oakley
Area.
The Public Works Director has notified this Board that the improvements in
Subdivision 6922 have been completed as provided in the Subdivision Agreement with
Oakley 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 for Subdivision
6922, property located in the Oakley area.
A Road Improvement Agreement with Oakley Associates, developer, whereby said
developer agrees to complete all improvements as required in said Road Improvement
Agreement within one year from the date of said agreement. Improvements generally
consist of restoring Oak Villa Court, used for the purpose of exhibiting model homes.
Said document was accompanied by the following:
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. 215191, dated October 21, 1992)
in the amount of $1,000, made by Oakley Associates.
b. Additional security in the form of:
A corporate surety bond dated April 22, 1992, and issued by Developers
Insurance Company (Bond No. 217612S)with Oakley Associates as principal,
in the amount of $12,000 for faithful performance and $6,500 for labor and
materials.
NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement
is APPROVED.
BE IT FURTHER RESOLVED that all other subdivision improvements have been
COMPLETED as of November 30, 1992,thereby establishing the six-month terminal period
for the filing of liens in case of action under said Subdivision Agreement:
DATE OF AGREEMENT SURETY
January 17, 1989 Developers Insurance Company
Bond No. 967311S
RESOLUTION NO. 93/4
SUBJECT: Completion of Improvements,and Declaring Certain Roads as County Roads,
Subdivision 6922, Oakley Area.
January 5, 1993
Page -2-
BE IT FURTHER RESOLVED that the widening of Laurel Road and the
construction of the hereinafter described roads, as shown and dedicated for public use on
the Final map of Subdivision 6922 filed February 21, 1989, in Book 330 of Maps at page 35,
Official Records of Contra Costa County, State of California, are ACCEPTED and
DECLARED to be County Roads.
Road Name Road/Right of Way Widths (Ft.) Lengths (Miles)
Oak Glen Drive 36/56 0.07
White Oak Court 36/56 0.09
Oak View Lane 36/56 0.09
Century Way 36/56 0.20
Hacienda Drive 36/56 0.21
Heritage Way 36/56 0.03
Mission Court 32/52 0.03
Oak Grove Court 32/52 0.03
Oak Grove Drive 36/56 0.15
Oak Grove Drive 36/80 0.02
Oak Grove Drive 36/Varies 0.02
Creekside Way 28/40 0.19
Oak Villa Court 32/52 0.05
BE IT FURTHER RESOLVED that the beginning of the one year warranty period
is hereby established, and the $7,400 cash deposit (Auditor's Deposit Permit No. 150376,
dated December 30, 1988) made by Oak Builders Incorporated be RETAINED for one year
pursuant to the requirements of Section 94-4.406 of the Ordinance Code.
Contact: Melissa Morton - 313-2347 1 hereby certify tnat MIS is a true and corroct copy of
an action taken and entett,d on the minutes or tM
Originator: Public Works (ES) Board of supetyj the date shown.
cc: Public Works - Accounting ATTESTED: J 1993
- Construction PHIL BATCHELOR.Clerk of the Board
- Maintenance of&°ervism aid Cot'*Adrdnlstraw
(w/Plat) ey �! lr � - ..tea. ,oeP�b►
Tickle File 1/5/94
Recorder (via clerk)
then PW Records
CHP, c/o Al
CSAA-Cartog
Sheriff-Patrol Div. Commander
Oakley Associates
395 Taylor Blvd., #120
Pleasant Hill, CA 94523
Developers Insurance Company
333 Wilshire Ave.
Anaheim, CA 92801
Oak Builders, Inc.
395 Taylor Blvd., #120
y
Pleasant Hill, CA 94523
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BO:bo5.t1
.7,
ROAD IMPROVEMENT AGREEMENT
(S2) Road Oak Villa Court (S2) Effective Date / 5—
(S1) Developer: Oakley Associates (S2) Completion Period
(Sl) Development: Oak Grove 6922j
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER: (Name and Title)
J. IT d
Publichael Wortslfor
aDirecto _ Oakl s fates a Partnership
By. by Oa der ,' c a generai Partner
•
RE6WENOED FO ROVAL:
By: Den t
lingineem ng4,:es vision -by La
FORM APPROVED: Victor J. Westman, (NOTE: All signatures to be aebttiwiedged. If Developer is
County Counsel incorporated, signatures must conform with the designated
representative groups pursuant to Corporations Code 913.)
Stat of Palifnenia ' '-""
(Corporation as Partner of a Partnership)
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA SS. '
On this 11th day of May in the year 1992 before me,
THE UNDERSIGNED ,a Notary Public in and for said county and state,
personally appeared_ TARRY B DENT personally known to me(or proved to me on t
a the basis of satisfactory evidence)to be the PRRRTT)FNTSECECCapy of
W
_ the corporation that executed the within instrument and
W known to me (or prove to me on the basis of satisfactory evidence) to be the person who executed the within
J
instrument on behalf of said corporation,said corporation being
known to me (or proved to me on the basis of satisfactory
a evidence)to be one of the partners of OAKLEY ASSOCIATES
the partnership that executed the within OFFICIAL NOTARY SEAL
instrument, and acknowledged to me that such corporation ex. A CLAIRMONTE
ecuted the same as such partner and that such partnership executed
the same. Notary Public—California
WITNESSmy hand d ffi 1 al. CONTRA COSTA COUNTY
Signature My Comm.Expires AUG 25.1992
A. Clairmonte
Name(Typed or Printed)
went plans and the County Ordinance Code, the stricter requirements snail govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement, the Developer shall provide as security to the County:
of S 12 AOOYr,performance and Guarantee: S11000.00 cash, plus additional security, in the amount
wnicn together tots one- nun rc percent 005) of the estimated cost of the work. Such
addifionai security is presented in the form of:
Cash, certified check, or cashier's check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, the Developer 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.
8. For Pe mo
Payment:. Security in the aunt of S 6,500.00
which is fifty percent(505) of the estimated
cost of the wo_r c'—security is presented in the form of:
Cash, certified check, or cashier's check.
Acceptable corporate surety bond.
Acceptable-irrevocable letter of credit. •
With this security, the Developer guarantees payment to the contractor, to his subcontractors, and to persons renting
equipment or furnishing labor or materials to them or to the Developer.
C. Upon acceptance of the work-as complete by the Board of Supervisors and upon request of the Developer, the amount
of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or work-
manship and snall 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. Developer agrees to correct, repair,
or replace, at his expense, any defects in said work.
e
Subdivision t!o92,c�
Bond No. 217612 S �~
IMPROVEMENT SECURITY BOND PREMIUM $264.00
SUBJECT TO RENEWAL
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee, and Payment)
(Calif. Government Code SS66499-664Q9. 10)
1. RECITAL OF SUBDIVISION AGREEMENT. The Principal has executed an agreement
with the County to install and pay for street, drainage, and other improvements in Stlhdivision
wor6 2" AK V L COURT, as specified in the Subdivision Aqreement, and to complete said
k witiin�imr- 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. OAKLEY ASSOCIATES _
as Principal , and iDEVELOPERS INSURANCE COMPANY
a corporation organized existing under the laws of t e Mate of CALIFORNIA
and authorized to transact surety business in California, as Surety, hereby ,jointt�y and
severally bind ourselves, our heirs, executors, administrators, successors, and assigns
to the County of Contra Costa, California, to pay it:
(A. Performance & Guarantee) TWELVE THOUSAND AND N01100-----------------
----------------------------------------Dollars x$12,000.00----------------__T-f or itself
or any city-assignee under t e above Coiinty Subdivisio Agreement, plus
(B. Payment) SIX THOUSAND FIVE HUNDRED AND N01100-------------------------
-------------------------------------=
-------------------------------------------- ----- 0 o l 1 a r s—?$6,500.00-_------- t _,.._ _
the claims to wliic reference is made in Title XV r•nn,tru]nn;r... -� O secure
='`i Sec on 30n?_1 of part
(Sin;le.Form)
Effective 1/1191 ii t ion set forth on the
STA'G'E OF CALI ORNIA
SS.
COUNTY OF
F
Ou before me,the undersigned,a Notary Public in and for said State, URANCE COMPANY
personalty appeared
personally known to me{ to be the person(s)whose name(s)
is/awsubscribed to the within instrument and acknowledged to me that he/shaji'bley executed the same in his/
'hesl4hek authorized capacity(ies), and that by his/4erftk r signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s)acted,executed the instrument. '' ---
WITNESS m and and official seal. WENS
/W . GgR�'S i<V'4'I I EIL;
p r
kCRCY PJ"E;t c:#-gGF'3!L7f'r1
42Signature
e CO1MVQF C0.MA CO5
?S1Ttt1
� (typed or printed) myCOMM��� ftor4es ib.13.19^76A
F G-3191 " a m r o " a
CORPORATION
STATE OF CALIFORNIA Cot4"XfjA CXMA i SS.
COUNTY OF 1
On A P R 2 2 before me,the undersigned,a Notary Public in and for said State,
personally appeared in accordance
personally known to me (or proved to me on the basis of satisfactory
documents
evidence)to be the person who executed the within instrument as Attorney-
!s. in-Fact on behalf of Developers Insurance Company,the corporation therein
t„ named,and acknowledged to me that the corporation executed it.
OFFICIAL C::;,L
p r• rt i
WITNESS m hand and official seal. it�A Lr�ty C�J�� ti;.•
y
r y :•g i
REGROTARY PU4LlC—CALIfORNLA
CONTRA COSTA COUN i`Y
#y commssim etpam An&!,ISW
Signatur
DTC 304(REV.2/85)
3. CONDITION.
A. The Condition of this obligation as to Section 2 . (A) above is such
that if the above bounded principal , his or its heirs, executors, administrators, successors
or assigns, shall in all things stand to and abide by, arnd well and truly keep and perform
the covenants, conditions and provisions in the said agreement and any alteration thereof
made as therein provided, on is 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 a part of the obligation, secured hereby and in addition to the face amcunt
specified therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing
such obligation, all to he taxed as costs and included in any judgement rendered.
B. The condition of this obliqation as to Section 2. . (R) .above is such that
said Principal and the undersigned as corporate surety are held firmly bound unto the
County of Contra Costa and all contractors, subcontractors, laborers, materialmen and
other persons employed in the performance of the aforesaid agreement and referred to in
the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or labor , that
said surety will pay the same in an amount not exceeding the amount hereinabove set forth,
and also in case suit is brought upon this bond, will pay, in addition to the fact amount
thereof, costs and reasonable expenses and fees, including reasonahle attorney's fees,
incurred by County (or city assignee) in successfully enforcing such obligation , to be
awarded and fixed by the court, and to be taxed as costs and to be included in the ,judgement
therein rendered.
It is hereby expressly stipulated and agreed that this bond shale inure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 1.5 (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.
Sho0d the condition of this hgond he fully performed then 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 shall relieve any Surety from liability
on this bond; and consent is hereby given to make such alterations without further notice .;
to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code
5.2819, and holds itself bound without regard to and independently of any action against
Principal wherever taken.
f