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HomeMy WebLinkAboutMINUTES - 01051993 - 1.15 nt' 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. 93/5 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 36-91, Oakley Area. The following documents were presented for Boar&..approval this date: The Parcel Map of Subdivision MS 36-91, property located in the Oakley area, said map having been certified by the proper officials. A Subdivision Agreement with Bob Marchetti, 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. 217557, dated December 9, 1992) in the amount of $1,000 made by Bob Marchetti. B. Additional security in the form of a, corporate surety bond dated October 14, 1992, and issued by Amwest Surety Ins. Co. (Bond No. 007002267) with Bob Marchetti as principal, in the amount of $8,400 for faithful performance and $8,400 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. 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 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 Subdivision Agreement is also APPROVED. Contact: Melissa Morton - 313-2347 Originator: Public Works (ES) I hereby certify,that this is a We and correct COPY Of cc: Director of Community Development an action of stakes and a o the a� the ,,in`�° of trs Public Works - Construction ATTESTED: JAN 5 __Nq3 Bob Marchetti PHIL 6UCHELOR,Cierk of the Board P.O. Box 215 of Supervisors and County Administrator Alamo, CA 94507 Amwest Surety Ins. Co. By . �� ,.P.ty 100 California St., Ste. 1160 San Francisco, CA 94111 MM:fp so:s.a RESOLUTION NO. 93/5 SUBDIVISION AGREEMENT (Government Code S66462 and 566463) r. (Sl) Subdivision: A4#S, .34P—9/ (S2) Effective Date: (51) Subdivider: Ao6 A-fAfk65/E77/ (S2) Completion Period: OAJC— Yg4Q THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) J. a orPub:Michael ic Works Director Of _ ZAd1±41446!!i By; RECOMMENDED FOR APPROVAL: d4Z% Az eA, . !�4y 7 By ng neer ng Services v s on FORM APPROVED: Victor J. Westman, (NOTE: All signatures to be acknowledged. If Subdivider is County Counsel incorporated, signatures must conform with the designated representative groups pursuant to Corporations CodeS313.) State of California ) ACKNOWLEDGMENT (By Individual, Partnership or Corporation) County of )ss The person(s) signing above for known to me in individual and business capacities as stated, personally appeared before me today an acknowledgedahe/she/ they executed it, and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pursuant to its bylaws or a resolution of its board of directors. t Dated: Signature: ti .E Name(Typed or Printed t t F C (This area for official notarial seal) 1. PARTIES A DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the a ove-name ubdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both, public and private), drainage improvements, 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 ji"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 o e, provide as security to the County: A. For Performance and Guarantee: E 1.000.— cash; plus additional security, in the amount of E B,Q-QO, which toget er totalone un re percent (100%) of the estimated cost of the work. Such a o a recur y is presen e n the form of: Cash, certified check, or cashier's check. C Acceptable corporate surety bond. t 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_�Payment: Security in the amount of E B,elw. of the estimated cost of the work. ucS h secu-ty is presented in the form of: Cash, certified check, or cashier's check X 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. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider, 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. Subdivider guarantees that said work shall be free from defects in material or workman- th1p an —al per orm sarisractori 17 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 his expense, any defects in said work. road system Theperiod does not apply to road improvements for private roads which are not to be accepted into the County 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform plant establishment work for landscaping installed under this agreemen a --plante-st-aliTTshment 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 insure estab- lishment of plants. Said plant establishment work shall he 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 accomplish the work as prom se n ect on and as required by the Conditions of Approval for the Subdivision. If, 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 work and/or materials or statement by any officer, agent or emp oyee of the County indicating the work or any part 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 relieve the Subdivider of his obligation to fulfill this agreement as prescribed; nor shall the County by thereby be 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 liabilities as defined in this sec obi n: A. The indemnitees benefited and protected by this promise are the County and its special district, elective and appointive boards, co�ssi ns, officers, agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened becaus— e 7 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 unforseeable at any time before the County reviewed said improvement plans or accepted the work as complete, and including the defense of any suit(s), actions) or other proceeding(s) concerning said liabilities and claims. C. The actions causin2 liability are any act or omission (negligent or non-negligent) in connection with the matters covered by thisAgreement— anC _aTfFlTufaable to the Subdivider, 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 ami sprepared, supplied, or reviewed any plan(s) or specification(s) in connection with this work or subdivision, 1 or has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity. r 9. COSTS. Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the ounty oad Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS. If Subdivider fails to complete the work within the time specified in this Agreement, and su sequent extensions, or fails to maintain the work, the 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 the County (including, but not limited to: Engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,inciuding contractors, in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Subdivider agrees to pay all costs incurred by the County, even if Subdivider subsequently cdmpletes .the work. *. .-�- ;ice Should County sue to compei performance under this Agreement or to recover costs incurred in completing or maintaining the work, Subdivider agrees to pay all attorney's fees, and all other expenses of litigation incurred by County in connection therewith, even if Subdivider subsequently 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 incorporateT as a city or is annexed to an existing city, the 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 rights of a third party beneficiary against Subdivider, who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for sai3-5u dTvs on. AG:30 (ES-7/85) i pp Subdivision MS 36-91 Bond No, nn7n0??62 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and' Payment) (Calif. Government Code. SS66499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT. .The Principal has executed an agreement withthe3?).gty o ns a an pay or s ree , drainage, and other Improvements in Subdivision M , as specif ied to the Subdivision Agreement, and to cortplete said work withfn th. rt-especified for completion in the Subdivision; Agreement, all 1n 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. BOMAR DEVELOPMENT, INC. as Principal , an a - — a corporation organized existing un er a ws o e a e o CALIFORNIA and authorized to transact surety business in California, as ,Surety, hereby Jointly and severally bind ourselves, our heirs, executors, *administra'tors, successors, and assign's to the County of Contra Costa, California, to pay it: (A. Performance & Guarantee) EIGHT THOUSAND, FOUR HUNDRED AND zrgnDollars(3—�� 4nn nn for itself c, any c y-ass gnee un er e a ove ounty Subdivision Agreemen pp s ( Payment) EIGHT THOUSAND, FOUR HUNDRED AND YER0N100-- O ars — to secure tiie c a ms o which reference is made 1n Title XV comment np w Section 082) of pnrt 4 of Division III of the Civil Code of the State of California% 3. CONDITION. This obligation 1s subject to the condition set forth on the reverse side hereof—~ SIGNED AND SEALED on October 14, 1992 Principal : BOMAR DEVELOPMENT, INC. Surety: AMWEST SURETY INSURANCE COMPANY Address ,D -2a4e' Address: 100 California St. Te 1160 d/A-Ws + Com. Zip SAN FRA CISCO CA Z1 94111 3y: e� 2rld B —� i 'rint Name: /3e f, /� i+�LJs ' Print Name: ShaLene Franco ,! isle: Qt��tir-+ �(�io�r _ Title: Attorney-in 1 its area for official notary flags. All signatures must be! properly np�arized in accordance h Civil Code Section 1180. The names and titles of the people signing the documents t be listed on the notary flag. ) 12 (11-82) I E. I1-9AF' DE1. . TEL : 4j1_1c_i445662 OC t; 02 ,92 1 2 : 24 1A . IiQ 1 P ,C14 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, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any al ter at ton thereof inade• 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 Country 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 amount 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 be taxed as costs and included 1'n any Judgement rendered. B. The condition of this obligation 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 .tile 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 exceedin`q 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 reasonable attorney' s fees, Incurred by County (or city assignee) in successfully enforcing such obligation , to he awarded and f axed by the court, and to be taxed as costs,, and to be included in the ,ludgeimnt 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 condition of this bond be 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 an,y Surety from 1 iabi 1 i ty 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 52819, and holds itseif bound without 'regard to and :independently of any action against Principal whenever taken. r 1 ' f ®®Hg®®®®®®®®®HERHOME 092 ------------ -BOND NUMBER a POWER NUMBER f '.-'NOT'.-VALID FOR BOND �. 00002271 ,i- 000 179264 -55 EXE. U9E0090930R AFT ZlYPINGIPS.= - k This document is printed on multi-colored security paper with black and red ink,with border in blue ink and bears the raised seal of Amwest Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid. This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may not be ' fused in conjunction with any other power of attorney.No representations or warranties regarding this Power of Attorney may ® be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect. , ®® KNOW ALL MEN BY THESE PRESENTS,that Amwest Surety Insurance Company,a California ` ® ® corporation (the "Company"), does hereby make, constitute and appoint: ®®® SHARLENE FRANCO EggEgo AS AN EMPLOYEE OF AMW-PST SURETY INSURANCE COMPANY ®®® its true and lawful Attorney-in-Fact,with limited power and authority for and on behalf of the Company as surety, to execute deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, Moog ®Egg p HER recognizances or other written obligations in the nature thereof as follows:OREM f ®®®® HHRH HoEgg ng HERB Bid Bonds up to $*1,000 ,000.00 ENE E9E9 . Contract (Performance & Payment) , Court, Subdivision , $*#1;000,000. ®01199 EER x HERE License & Permit Bonds up to $Y*1,000,000.00 HERB HBEERHHE 1,000,000 .00 ;V nBonn ®®®R Miscellaneous Bonds uo : to $*Y ®®®® s ®®®® Small Business Administration Guaranteed Bonds up .Lo $ #1,250,000. HHRE HIM oggon r_ ENE HERR gBgLi HERB 199EN NUMBER ®RN® an5 HERE d to bind the Company thereby. This appointment is made under and by authority LLof the By-Laws of the MEENH ®®©© Company, which are now in full force and effect. ®®®ER t BEER CERTIFICATE HERR® ER©® I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, HEXER RENEE gRnB DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked- go®AP ®©g©® and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant BEER ®®R®N provisions of the B Laws of the Company, are now in full force and effect. unnC Y- P Y� � ®B©Iff a . ; HERR' - BEER ® aled at SAN FRANCISCO this 14T day of OCTOBER 1922__ ®RRG Signed and seL: ® 0000179264 - 55 NRRNR. ®� Karen G. Cohen, Secretary " Pft ®�® NIC v' RBB®g®gg99999 gBEEgHOHooH® ®, ®®®®®®®®®®Egg®gBEEgHHHHBH® ®HH - ENENN®LEN®LEHHBOOM -NA f� :® DEff0—- ® ©C�iROR Tax Collector's Office Contra CounttyTTreasurerf 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 E M.Ruby Lagrimas Supervising Clerk December 2, 1992 IF THIS TRAGI IS NOT FILED BY FEBRUARY 28, 19 93 , THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: M.S. 36-91 OAKLEY 82123 - UNINCORPORATED 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 B Y S-61 PUBLIC WORKS DEPARTMENT CO" COSTA COUNTY BOARD DATE: TO:. Clerk of the Board/Recorders Office FROM: Public :Works Department, Engineering Services Division SUBJECT: tv `qj The following documents-, with aporopriate any'd Orders attached and this transmittal ,* shall accompany_- -7Parcel slap fir"'1'j to the County Recorder's Office. No documents required ( ) Deferred Imorovement Agreement { ) Offer of Dedication - Roads ( ) Offer of Dedication - Drainage ( } Grant Deed of Develooment Rights ( ) Consent to Offer of Dedication - Roads ( } Common Use Agreement ( ) orainage Release ( ) Relinquishment of Abutters' Rights ( } Other The map and documents shall be transmitted to the Recorder's Office i smul taneously by Title Company 7 to ) contact person (telephone n57T 1 -� 26 L NOTE TO TITLE COMPANY: Pl ease submi t a guarantee letter and map recording fee to. the County Recorder at the time the map and documents are .filed with `he Recorder's Officer. NOTE TO RECORDER: Please ensure that the documents listed above are attached to the map so that the map and documents can be reco-ded concurrently. CL:19