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HomeMy WebLinkAboutMINUTES - 01051993 - 1.16 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. 93/6 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 151-90, Clayton Area. The following documents were presented for Board approval this date: The Parcel Map of Subdivision MS 151-90, property located in the Clayton area, said map having been certified by the proper officials. A Subdivision Agreement with Robert G. Rodenburg and Linda J. Rodenburg, 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. 217843, dated December 15, 1992) in the amount of $1,000 made by Robert Rodenburg. B. Additional security in the form of a corporate surety bond dated May 14, 1992, and issued by Amwest Surety Ins. Co. (Bond No. 007000819) with Robert G. Rodenburg and Linda J. Rodenburg as principal, in the amount of$27,000 for faithful performance and $27,000 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 it true and correct copy of cc: Director of Community Develo ment an action taken and entered on the minutes of tre It Board of Supervisors on the date shown. Public Works - Construction ATTESTED: JAN 5 199 --- Robert G. Rodenburg & Linda J. Rodenburg PHIL BATCHELOR,Ciork of the Board 8863 Marsh Creek Rd. of Supervisors and county Administrator Clayton, CA 94517 Amwest Surety Ins. Co. sy _ J� ALTT4 `& �1 a_.� ,Deputy 100 California St., Ste. 1160 San Francisco, CA 94111 MM:fp so:s.ti RESOLUTION NO. 93/6 SUBDIVISION AGREEMENT (Government Code 566462 and 566463) (Si) Subdivision: .cS 161-90 (S2) Effective Date: (Sl) Subdivider: abeic 6 icode bLi (S2) Completion Period: OiS� Y6w"�a THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Michael a er Public Works Director o b e r t G. Rod e n b u r BY: RECOMMENDED FOR APPR Of Ad By: ng neer g ery ces v Sion FORM APPROVED: Victor J. Westman, (NO E: All signatures to be acknowledged. If Su ativider is County Counsel incorporated, signatures must conform with the esignated representative groups pursuant to Corporations CodeS313.) State of Clifornia ��aqO )ss ACKNOWLEDGMENT (By Individual, ) County of l;.�,.-,y ( s 11a� 1 The person(s) signing above for RD ✓j Q,tZ 6, RO b 1V 8 U R G- ( tv'D A j. R D V e A-)e,0 P, � known to me--In individual and bus ness capacities as stated, personajiy appeared Defore me today and acknowledged tha 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. Bated: 1 r/�ZL�fiy'� l �y /?'?, Signature Et LA t1 Nr2 r rn vYt > ry 5OFF►CIAL NOTAame ype or r n eLAUREEN CRINotary Public—xii CONTRA COSTAMy Comm.Expires995 (This area '14 * * * * * * * * * * * * * * * * * * * * * * * + • * * ♦ * • * • * * * * * * * * * * * + * * * * * * * • 1. PARTIES & DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County,,, aid the above-named 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, street ts, 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 "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 code, provide as security to the County: n��/� A. For Performance and Guarantee: $ ��c�C.c.� -a�" cash, plus additional security, in the amount of $ ? es 00 w ch togetFier total-orae hundred percent (100%) of the estimated cost of the work. Such a ona security s presented n the form of: — Cash, certified check, or cashier's check. Y Acceptable corporate surety bond. 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 S--2-7 ,000 . which is fifty percent (50%) of the estimated cost of the work. uc 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 594-4.406 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- ship and shall perform sa sac or y 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. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform plant establishment work for landscaping installed under this agreemen a p -an-F—eR--515ITshment 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 promised n Section 2 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-ons, 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 or 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 causinlIty. are any act or.-.omission (negligent or non-negligent) in connection with the matters covered by this greement:an , a r�iabilRoble to, he 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 -tot conditioned or dependent on whether or not any indemniteea—Fi s prepared, supplied, or reviewed any plan(s) 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 willful misconduct of any Indemnity. 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 oun y 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 subsequent 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,including 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 completes the work. Should County sue to compel 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 wort. 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, 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 terns 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 saiJ-555dM-slon. `AG:30 (ES-7/85) ti PUBLIC WORKS OP. ARTMENT CONTRA COSTA CDUN T BOARD DATE:. T13: Cl eric of the Board/Recorders Office TT /V/G9GEP, FrRCM: Public Works Department, Engineering Services Di vi si oR SUBJECT-- Me following documents , with appropriate Board Orders attached and this transmittal , shal 1 accompany �l /Parcel 'Aap MS 1 Sl- U to the Count Recorder' s Office. ( ) No .documents required ( ) Deferred Imorovement Agreement ( ) Offer. of Dedication - Roads ( ) Offer of Dedication- Drainage 04 Grant Deed of Oevel ooment Rights ( ) Consent to Offer of Dedication - Roads ( ) Common Use Agreement " ( ) Orainage Release ( ) Relinquishment of Abutters' Rights Other — p1 SN A-rUD P9q-atF STA 1`FM{-cul — "A-D Nt A r NT C-rt,1 A�c F A GR6ielvEAXT —A&n(Cu L Tg aAL A)oTi7FY ccs-r10.,oJ -ACR l cu t--(`-P-A-L 0RC-Sr-R V F The map and documents shall be transmitted to the Recorder's Office simultaneously by FQU_ u13Fr� Title Company ( 04wx) GAA' A-L- 6S7 -79-, ) . t contac person ) toiepnone no. TI TL f- COMPAAJY Of 67P V11Jlh&E,e 1 d 9 ? NOTE TO TITLE CWAN7: 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. NOTE TO REyORDER: Please ensure that the documents 1 i sted above are attached. to the map so that the map and documents can be recorded concurrently. CL:19 F {J' Bond Premium $459.00 Subdivision M;5, IS!-90 Bond No. 007000819 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (Calif. Government Code SS66499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT. The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision MS 151-90 , as specified in the Subdivision Agreement, and to complete said work within the time specified for completion in the Subdivision Agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION. Robert G. Rodenburg as Principal , an—Amwest Surety Insurance Company , a corporation organized existing under the laws of the State of California , and authorized to transact surety business in California, as Surety, hereby jointly -and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California, to pay it: (A. Performance & Guarantee) Twenty-seven thousand and 00/100 Dollars �$- 27,000.00 for itself or any city-assignee under the a ove ounty Subdivision Aqreement, plus (B. Payment) Twenty-seven thousand and 00/100 Dollars 27,000.00 to secure the claims to which reference is made— in Title XV commencing with Section 3082) of part 4 of Division III of the Civil Code of the State of California. 3. CONDITION. This obligation is subject to the condition set forth on the reverse side hereof. SIGNED AND SEALED on 5/14/92 Principal : Robert g. Rodenburg Surety:Amwest Surety Insurance Company - - - - Addrpcc! Ion California St., Ste. 1160 State of County off;^c u3St � } On -_`7 1 jq;_ before me, c.�ra votary Public in and for said State, personally app &red f ILI" 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 4w4sh 1 they executed the same in h4o4h - /their authorized capacity(ies), and that by } j! r /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. ' OFFICI A�KN�0+1 J. A. QUIGLEY };� NOTARY PUBLIC-CALIFORNIA Signature > 1%: ' Contra Costa County MY COMM. EXP. FEB. 8 1993 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 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 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 in any judgement rendered. B. The condition of this obligation as to Section 2. (B) 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, lahorers, 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 he 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 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 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 52819, and holds itself bound without regard to and independently of any action against Principal whenever taken. A ® Baal aansas. asaai asaaaaaaai aaasat eaaa•� ®�9 T RON ® ®E� ���®®®®®®®®®®®®. d as a� _ _ ®®® ®®® 9 F11 ®®®®®19 ON olumna®®®®® - m o . 199 999 ®®®®®�®MW WrOWERN ®®®®®®®®®®®®MEAN®�!�®®®®®®®®®®®®�®®®� ®®®� ®®RUQ® BOND NUMBER POWER NUMBER ' NOT. tit I D - OR :80 ND S. °07000819 —69 EXECUTED 'ON - -0136335 AFTE =2- - _. . 26 9.3 W, k liEl*lAL$t.1M k � -BLiGEE it Lux R 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 L.aril may not be "used in conjunction with any other power of attorney.No representations or warranties regarding this Power of Attorney may 20 'be be made'by any person. This Power of Attorney is governed by the laws of the State of California. Any'--power oT attomey . ® used in connection with any bond issued by the Company must be on this form and no other form shall have force,or effect. ®A ®�®®® KNOW ALL MEN BY THESE PRESENTS,that Amwest Surety Insurance Company,=a Cahforma ®An ®® - -corporation (the "Company"), does hereby make, constitute and appoint: = _ ®�� t ®® JEFFERY M. '"LAIRD E ® AN EMPLOYEE Of AMWEST SURETY INSURANCE COMPANY " ®�� AS ®EN ®®® -its true and lawful Attorney-in-Fact;with limited power and authority for and on behalf of the'Company as surety ®® ®® Blom to execute, deliver,and affix the seal of the Company thereto if a seal is required on bonds, undertakingsIMAM, ®®® reco nces or.other written obligations in the nature thereof as follows: ®®® RR®E gntza g RARE MEN® - 1-.., ARAB ®®®® -Bid Bonds up to � -1,400,000 .00 BEEN ®®®® Contract (P:erfdrmance & Payment) , Court, Subdavis..ionx�-1;000,040.0 ®®®® ®® License & Per.mi# Bonds up to $--1,000,000.00 AREA x ®®®® Miscellaneous .B:onds -up to $:-1,000,000. 00 ®®®® ®AMSmall Business :Administration Guaranteed Bonds u ,250 000.0 ®®®® ®®®E p'"t o i�# i . RORNE Aug BEENMug;B®®©® r Man Holman n am and to bind the Com an thereby. This appointment is made under and b auHung 1990199 thont of_ he B'-Laws-of the RMM®B ®©®t7 P Y Y PP Y Y Y ®®®�® 9999 Company, which-are now in full force and effect. = R®E©R E�®® ®®®oB CERTIFICATE E®❑D NE I, the undersigned secretary of Amwest Surety Insurance Company;a Cahfornta,corporation, ... ®®®©® ARM BEEN MENDOO DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been.revoked ®©©B ®©NRB and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant M®NBN `A©©U© provisions of the B Laws of the Com an are now in full force and effect. ®®©�� P Y- • . p Y, NN©�� - ®BBc� Signed and sealed.at San FranC;;S�`^ this ,d day of ®® X000136335 ' .69 ®Cm�N Karen G. Cohen, Secretary P . ®Q©C9 swim Ron UgE-n ANNE® E®BBB®MER®REM-®®MMMAREA ME E®RRM��� E®C� ® ®®�®®® ® ®©NBBBBNM®B®®MMM®®MHEAR EEEMEMEERRR® EEno9 NA RINA U U EN�Cu ® ®®® ®CER®B®®®EE®®MMEE®®HEEEMMEE NCi�ON Tax Collector's Office Contra County County TT Lomeli reasurer-Tax Collector 625 Court Street Costa La 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 S'a e t November 6, 1992 IF THIS TRACT IS NOT FILED BY FEBRUARY 28, 1993 , THIS LEITER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: MS 151-90 CLAYTON 79118 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 By - S-61