HomeMy WebLinkAboutMINUTES - 01051993 - 1.9 a �
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: Nonw RESOLUTION NO. 93/2
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7367,
Oakley Area.
The following documents were presented for Board approval this date:
The Final Map of Subdivision 7367, property located in the Oakley area, said map
having been certified by the proper officials.
A Subdivision Agreement with 5726 Sonoma Drive Associates II, L.P, 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. 218102, dated December
18, 1992) in the amount of $1,800 made by 5726 Sonoma Drive
Associates II, L.P.
B. Additional security in the.form of a corporate surety bond dated
December 15,, 1992, and issued by Developers Insurance Company
(Bond No. 238241S) with 5726 Sonoma Drive Associates II, L.P. as
principal, in the amount of $178,900 for faithful performance and
$90,350 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 Final 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 true and correct copy �t
an action taken and entsied on the minutes of the
cc: Director of Community Dev. Board of supervisors on the date shown.
Public Works - Const. ATTESTED: JAN 5 1993
5726 Sonoma Drive Associates II, L.P. PHIL BATCHELOR,Cierk of the Board
5726 Sonoma Drive of Supervisors and County Administrator
Pleasanton, CA 94566 By __ .ftputy
Developers Insurance Company
17780 Fitch
Irvine, CA 92714
MM:dr
so:s.tl. RESOLUTION NO.93/2
• Subdivision 7367
Bond No. 238241 S
IMPROVEMENT SECURITY BOND Premium: $3,578.00
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
7367 ' as specified in the Subdivision Agreement, and to complete said
wor w t n 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. 5726 SONOMA DRIVE ASSOCIATES II, LP -,
as Principal , an�Tc — DEVELOPERS I4SURANCE
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) ONE HUNDRED SEVENTY EIGHT THOUSAND NINE
HUNDRED AND N01100*** Dollars 178.900.00 for itself
or any city-assignee under t e a ove County Subdivis on Agreement, plus
(B. Payment) NINETY THOUSAND THREE HUNDRED FIFTY aND NO/10Q***** _
Dol ars o 350,00 to secure
the claims to which reference is made in Title XV (commencing with Section 1082) 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 DECEMBER 15, 1992 •
Principal : 5726 SONOMA DRIVE ASSOCIATES II, LP Surety: DEVELOPERS INSURANCE COMPANY
Address: 5726 SONOMA DRIVE Address: 17780 FITCH
I
PLEASANTON, CA Z1 66 IRVINE, 9A Zip 92714 j
-i
'rint Name: e-rc 4cZ el LA - CC Pq Print Name: SHEILA STEVENS
A t 1 e: �/e5/c�sg Title: ATTORNEY-IN- FACT
his area for official notary flags. All signatures must he properly notarized in accordance
th Civil Code Section 1180. The names and titles of the people signing the documents
st be listed on the notary flag. )
:12 (11-82)
3. CONDITION.
A The Condition of this obligation as to Section 2. (A) above is such
hat if the above bounded principal , his or its heirs, executors, administrators, successors
,r assigns, -shall in all things stand to and abide by, and well and truly keep and perform
.he covenants, conditions and provisions in the said agreement and any alteration thereof
.nade. 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
fy and save harmless the County of Contra Costa for 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.
i7
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
r.?asonable -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.. (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
aWounts 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 reasonable 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 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
blicome 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
828191, and holds itself bound without -regard to and independently of any action against
Principal whenever taken.
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA N2 097552
AND DEVELOPERS INSURANCE COMPANY
P.O. BOX 19725,IRVINE,CA 92713 • (714)263-3300
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1993.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in red ink.
4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records.
i
KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each
severally,but not jointly,hereby make,constitute and appoint
***ALBERT E HART; SHEILA STEVENS, GAIL FOUSHEE, JOINTLY OR SEVERALLY***
-f the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of
suretyship in an amount not exceeding One Million Five Hundred Thousand Dollars($1,500,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full
power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of
said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed.
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship:
Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease
r bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY
COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,
qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis-
tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of
Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries this 1st day of April,1992.
INDEMNITY COMPANY OF CALIFORNIA- DEVELOPERS INSURANCE COMPANY -
By
Vau4CGU U` r By V� `
DantF.Vincenti,Jr. Dante. Vincenti,Jr.
resident 0 ANY o resident a\N s up
ppFOR4 '1'p
i OCT.S, MAR.27, Ao
ATTEST 1967 o ATTEST i IB78
/FOF'p�+�? Ong/1F00.N�*?
By By
Walter Crowell Walter Crowell
Secretary Secretary
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
On April 1, 1992,before me,the undersigned,a Notary Public in and for said State, personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me
(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California
and as President and Secretary on behalf of Developers Insurance Company,the Corporations therein named,and acknowledged to me that the corporations executed it.
WITNESS my hand and official seal.
OFFICIAL SEAL
��/�c_��— ...'• TIRESATAAFUA
Signature ;_ . NOTARY PUBLIC-CALIFORNIA
Notary Public iii o PRINCIPAL OFFICE IN
i.
ORANGE PC
• My Commission Exp.Aug.4,1995
CERTIFICATE
The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby
certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,this 1 5TH day of DECEMBER ,.199 2
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
d,PANV \NSUq
6rf 2 � P0 4'. C. 1491FOR4 C,
By. (e i OCT.), By— 'L'� ` W NAR.2T, o
L.C.Fiebiger 0 1961 i L.C.Fiebiger I8T8 ;
a
Senior Vice President r��lrFO M`+�? Senior Vice President +t/FOR
ID-310 REV.3/92
Tax Collector's Office Contra CounttyTTr asurer-TaxCollector
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 11, 1992
°sem--•--�::
IF THIS TRACT 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:
TRACT 7367 OAKLEY 82121 - 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
By -
S-61
i
. SUBDIVISION AGREEMENT
(Government Code 566462 and 566463)
(S1) Subdivision: 6 7 nn (S2) Effective Date:
(Sl) Subdivider: (S2) Completion Period: Q/L115— (/611:1 '
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and, Title)
J. l nn ee ...,�qq..__
Michael a or �7 uo Cid!! [)Q-/Ff�tit�(� (:
Public Works Director �
By J�'L a AN 61,1..
RECOMMENDED FOR APPROVAL: Ti
By
ng neeery Division
Victor
APPROc
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 and acknowledged tha e s e/
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.
Dated: Signature:
Name(Typed or Printed
(This area for official notarial seal)
+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +
1. PARTIES b 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, street 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 "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 Agrwment, 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: S %�� cash, plus additional security, in the amount of
$ na , which together a one hundred er
pcent (100%) of the estimated cost of the work. Such
a oma cur ey s presen e n the form of:
Cash, certified check, or cashier's check.
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 Patent: Security in the amount of S 9Cf 3C� which is fifty percent (50t) of the estimated cost of
the work. uc� s�ecurlty 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 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 594-4.409 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work Aali be free from defects in material or workman-
ship an .1,51 1 perform sarlstactorily 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.
S. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform plant establishment work for landscaping installed under this
greemen a
p an es a shment 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 peri
o 'of'oneT14-y1ear from_amf lfter-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 toe 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 off cer, agent or emp ogee 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 ail 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 o—n:
A. The indemnitees benefited and protected by this promise are the County and its special district, elective and
appointive boards, co�mnis�'bns, 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 oT 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 unforseeabie at any time
before the County reviewed said improvement plans or accepted the work as complete, and including the defense of any suit(s),
action(s) or other proceeding(s) concerning said liabilities and claims.
C. The actions causing liabiiit are any act or omission (negligent or non-negligent) in Connection with the matters
covered by this Agreement an a E�butable 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 lot conditioned or dependent on whether or not
any indemnitee has 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 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 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 work.
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 ail 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 said Subdivi—sion.
AG:30 (ES-7/85) •
PUBLIC WORKS DEPARTME4T
CONTRA COSTA COUNTY
BOARD. GATE: J41v -5, /gg�
TOS Clerk of the Board/Recorders Of,"ice
FROM- Public :forks Department, Engineering Services Oi vi si on
MBJECT:
The following documents-, with appropriate Suay'd Orders attached and th i s
transmittal , shall accompany Final -Map '73�0-7 to the County
Recorder's Office.
(� No documents required
( ) Deferred Imorovea*nt Agreement
( ) Offer of Dedication - Roads
( ) Offer of Dedication - Drainage
Grant Deed of Development' Rights
Consent to Offer of Dedication - Roads
( ) Common Use Agreement
( ) Drainage Release
( ) Relinquishment of Abutters' Rights
{ ) Other
The map and documents shall be transmitted to the Recorder's Office
simultaneously by Title Company ( M AO F
contact person
(telephone no.
NOTE TO TITLE COKPANY: Please. submit- a.-guarantee letter and-map-recording-.fee .
to. the County Recorder at the time the map and documents are .filed with :he
Recorder's 0-Fficer.
NOTE TO RECORDER: Please ensure that the documents listed above are attached
to the map so that the map and documents can be recorded concurrently.
CL:19