Loading...
HomeMy WebLinkAboutMINUTES - 01041994 - 1.3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 4, 1994 by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 9.4/4 SUBJECT: Approval of the Final Map and Subdivision greement for Subdivision 7808, Oakley Area. The following documents were presented for Board approval this date: The Final Map of Subdivision 7808, property located in the Oakley area, said map having been certified by the proper officials. A Subdivision Agreement with Morrison Homes, a Division of George Wimpey, Inc., 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. 235921, dated December 16, 1993) in the amount of $3,200 made by Morrison Homes, a Division of George Wimpey, Inc. B. Additional security in the form of a corporate surety bond dated December 2, 1993, and issued by Seaboard Surety Company (Bond No. 253341-93) with Morrison Homes, a Division of George Wimpey, Inc., as principal, in the amount of $317,700 for faithful performance and $160,500 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 1993-94 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. I hereby certify tnat this is a trios and correct copy -at an action taken and entered on the minutes of the 3oard of Supervisors on the date shown. ATTESTED: -JAN gi99A PHIL BATCHELOR.Clerk of the Board Contact: Rich Lierly - 3.13-2348 of Supervisors and County Administrator Originator: Public Works (ES) cc: Director of Community Dev. Br .,��a"�'�'" ' 'Deputy Public Works - Const. Morrison Homes, A Division of George Wimpey, Inc. 2255 Contra Costa Boulevard Pleasant Hill, CA 94523 Seaboard Surety Company 19900 MacArthur Blvd., Suite 680 Irvine, CA 92715 RL:cl BO:4.t1 RESOLUTION NO. 94/4— Subdivision TRACT NO. 7808 Bond NO. 253341-93 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 TRACT NO. 7808 , 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. MORRISON HOMES, A DIVISION OF GEORGE WIMPEY, INC. , as Principal , an SEABOARD SURETY COMPANY a corporation organized existing under the laws of the State of NEW YORK , 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) THREE HUNDRED SEVENTEEN THOUSAND SEVEN HUNDRED AND NO/IOOTHS ------------------------------------ Dollars 317,700.00 -------------------- for itself or any city-assignee under the above ounty Subdivision Agreement, pus (B. Payment) ONE HUNDRED SIXTY THOUSAND FIVE HUNDRED AND NO/100THS -------------------- ------ ---------------------------------------- ------------------------------------------------------------------ pol Jars 160,500.00 ------------------ to secure the claims to which reference is made in Title XV (commencing with Section 082) 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 2, 1993 MORRISON HOMES, A Principal : DIVISION OF GEORGE WIMPEY, INC. Surety: SEABOARD SURETY COMPANY Address: 2255 CONTRA COSTA BLVD. Address:19900 MACARTHUR BLVD., SUITE 680 PLEASANT L CA Zip q4524--' IRVINE CA Zip 92715 BY: B Print Name: John P. glio Print Name: CHARLES L. D Title: President Title: ATTORNEY-IN-FACT ,_S _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT z STATE OF CALIF NIA /� m tu COUNTY OF /�Q `_e'j T.* } S.S. 'n w w 3 On qq 3 before me, ind 0 hem o a NotaryZublic in and for said Count and State,personally appeared ' w V FOR NOTARY SEAL OR STAMP LL personally known to me(or proved to me on the basis of satisfactory UJ evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their 1' _ LINDA CHEEK signature(s)on the instrument the person(s),or the entity upon behalfcomf%4. ##966564 0 Of which the person(s)acted, executed the instrument. NOTARY MBLG'C,AUFQRPIlE! co UN7y OF t ONTRA WITNESS my hand and official seal �..% O0 My CCrttm.Expxes Apr.s"0,194+6990 Signature F 2492(5-91) u SUBDIVISION AGREEMENT (Government Code 566462 and 566463) 1 .(Sl) .Subdivision: 7808 (S2) Effective Date: (JGn,4 0 1994 4 (Sl) Subdivider: Morrison Homes, a Division (S2) Completion Period: One of George Wimpey, Inc. THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Michael a or Public Works Director .. Morr'em Homes a Division of George Wim ey,Inc. By: B John P. Ta RECOiME By: , LhpRWOR n ry v on FDRM APPROVED: Victor . Westman, (NOTE: All signatures to be acknowledged.' If Subdivider is Count Counsel - incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code5313.1 CState of ounty of iforniiontrd OOStd )ss� ACK � NT (By Individual. Partnership or Corporation) The person(s).signing above for Morrison Homes, a Division of George Wimpey, Inc. . known to me in individual and business capacities ass , personally appeared before any a acknowledged �as e/ they executed it, and acknowledged to we that the partnership named above executed it or acknowledged to we that the corporation named above executed it pursuant to its bylaws or a resolution of its board of directors. Signature: Y1,60daLINDA CHEEK a COMM. #966664 y or _rn eCheek NOTARY PUEUC-CAUFORNIA COUNTY OF CONTRA COSiA My Comm.EvVes Aw.30.1996 (This area for official notarial seal) 1. PARTIES & DATE. Effective on the above date. the County of Contra Costa. California. hereinafter called 'County. and the above-named— bdivider, 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, sus, 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 e. provide as security to the : A. For Performance and Guarantee: S3.20r cash, plus additional security, in the amount of S ch together o onehundredrcent (100%) of the estimated cost of the work. Such a3di ona secur ysis presenfe3-Tn 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 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 160,500 which is fifty percent (50%) of the estimated cost of the work. ucSh security 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. Tax Collector's Office Contra CounttyTTreasurerTaxCollector 625 Court Street Costa Joseph L.Martinez Finance Building,Room 100 Deputy Tax Collector P.O.Box 631 County I n t Martinez,California 94553-1280 ` Nancy L.Webster (510)646-4126 t Department Account Clerk Manager s M.Ruby Lagrimas !' Supervising Clerk 4° a coiir+{' November 23, 1993 IF THIS TRACT IS NOT FILED BY FEBRUARY 28, 1994 , THIS LEITER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: TR 7808 Oakley 53045, 53009 Unincorp. 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 1993-94 tax lien has been paid in full. ALFRED P. LOMELI TREASURER-TAX COLLECTOR By S-61 PUBLIC WORKS DEPARTMENT C13UTRA COSTA COUNTY BOARD. OATS: TO:. Clerk of the Board/Recorders Office FROM:- Public Works Department, Engineering Services Division SUBJECT: A?PP.4,V"5 riIAM- PSA-?- t!5LAIel, 7&� The following documents", with appropriate Saarld Orders attached and this transmittal , shall accompany Final/Parcel -Map '7,TC;9 to the County Recorder's Office. No documents required Deferred 1morovement, Agreement Offer of Dedication - Roads Offer of Dedication - Drainage Grant Deed o-I F Development* Rights Consent to Offer of Dedication - Roads Common Use Agreement drainage Release Relinquishment of. Abutters' Rights Other c,� C-e Kr-_! r The map and documents shall be transmitted to the Recorder's Office simultaneously by Otx Title Company j?1A#4T=- "?_APA(_AoCw (contact person) (telephone no.f NOTE TO TITLE COMPANY: Please submit- a..guarantee setter andmap-recording .fee to the County Recorder at the time the map and documents are filed with '.he Recorder's efficer. MGM TO RECORDER: Please ensure that the documents listed above are at-ached to the map so that the map and documents can be recorded concurrently. CL:19