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Home My WebLink AboutMINUTES - 10251994 - 1.4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 25, 1994 vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 94/520 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 69-89, Walnut Creek Area. The following documents were presented for Board approval this date: The Parcel Map of Subdivision MS 69-89, property located in the Walnut Creek area, said map having been certified by the proper officials. A Subdivision Agreement with Kenneth K. Nazari, 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 one year warranty of the drainage improvements as required by Title 9 of the County Ordinance Code, as follows: A. Cash deposit (Auditor's Deposit Permit No. 251002, dated October 11, 1994) in the amount of$4,875 made by Kenneth K. Nazari for the one year warranty period. B. Additional security in the form of a cash deposit (Auditor's Deposit Permit No.251002, dated October 11, 1994, and $16,000 for labor and materials) made by Kenneth K. Nazari. 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 1994-95 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 DETERM 14ED 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: Rich Lierly - 313-2348 Originator: Public Works (ES) I herebyctiocertify that this is a true and correct copy of CC: Director of Community DeV. an an taken and entered on the minutes of the ty Board of Sup n the date shown. Public Works - Const. ATTESTED: 5 3294 Kenneth K. Nazari PHIL BATCHELOR,Cie' o the Board of Supervisors and County Administrator 1016 Leland Drive F Lafayette, CA 94549 By &LIC,AJJudt I .Deputy RCL:cl BO:25.t10 RESOLUTION NO.94/520 `i=ROPE NAZAR I I NU.GRS.510. 935. 1300 PHONE NO. P01 SUBDIVISION AOREEMENi ( � FOR IMPROVENENT WARRANTY (After COMtruction is Complete) (Government Cade sSW62 and sS66463) (St> Subdivirion� s vL� Cal) Effective Date �t+l• T. r9? CSt) subciivsdor:%Tt /'A e /i . �Z�i'I (s.f') Maintenance Perlod,,,rJ0d- Y4 ter. Deposits: ' Zoe 87 S A. (cash) ! _ _ 2, (Payment�• ) 1. PARTin t DATE. Effective on the above dsts, the County of Contra Costa, California, herelnsfter called •CountvO, and the above-nas,ed Subdividers mutually pees(&• and agree as fellows concerning this subdivision: 2. 1MPROVrMRNY VARkANTy. Subdivider warrants that tho road and street improvements, tract drainage, street signs, and all other public improvements were constructed, instalted and completed ire this subdivision in a manner equal or superior to the requirements of the County Ordinance Code, Title 9, 3. CUARANTEE S MAINTSWANCC- Subdivider guarantees that the aforesaid subdivision improvements oro, and will be fraw from dafacta and wilt perform satisfactorily in **cordon** with county Ordinance Codec and he shall maintain the improvements for one year after the data of this agreement against any defective workmanship or Motorists or any unsatislectory performance. 4. IMPROVEMENT rECUktTYs 01009IT t 10ADs. This ebtigatien is subitct to the conditions sat forth on the reverse side hereof. CONTRA COSTA COUNTY: WIDIVIDER: 4. Mishact Welford_, ..I Puhtic Work$ Director s;ignsture Print By Deputy Print RECOMMEMDED foRAMPRDVAL7 Note to Subdivide,�= Attach acknowledgment farm below and 4ffix Corporate 5ost. j" (CORPORATE SEAL) M M-.PO-4200! Victor/" Vestmah County Counssl . • . • • • • . • • • r ♦ r r a » a a a a • r r ♦ r r ♦ • ♦ • • r . • ♦ w t w • ♦ • w ♦ e ♦ r a r ♦ ♦ r • r ♦ r State o is AGKNOVL[DDEMtNT (ay Individual, Partnership or Cvrporatt0 County of Contra CO nr__ )eB The person(%) signing above, for kn„vn to me in individual and business Ca in es ted, personutt�Pnarohipf • ore 'today ocknowiidyed that he/she/ they executed it, and aeknewtedged to t th^ named abave executed it ar seknoutedged to me that the CCrporatisn named above executeduant to its bylaws or A resolution of its board of dirfanrs. Dated! lipngtYr?:-- One (Typrd or Printed) (This ores fa ficial notar•iet acral") FROG : NAZAR I I NU.GRS.510.935. 1300 PHONE NO. . P02 OCT-10-19'_:W 10:01 FRI:91 C C C PUEL I t; WOR-i.S TO 99351300 P.03 4. IkPAOVESENT SgeRAI TY: Dgposly itOHOA. upon executing this agreement, Subdivider shalt deposit as security with the County: A. Basil: $1.000 cash or 1% of the eatiaated cost of the improvements, whichever is more; together with S. Bond. etc.: (1. Faithful performance) additional accurtty totaling M of the cost Of 11110 estimated improvements Less the cash deposit In the form of a cash deposit, accegtgble inaltManT of redi , or an acceptable corporate surety bond, guaranteeing his faithful performance of th sagreement and maintenance of the wort for one year after the date of this agreemoent against any defective worltmenship or motorists or any unsatisfactory performance; gills (2. payment for tabor i materials) another such additional seetielty in at Least the above-specified amount, which is SO% of the estimated cost of the aforementioned improvements, securing payment to the contractor, to his subcontractors, and to persons ranting equipment or furnishing tabor or motorists to them or to the subdivider. Said payment bond to beeom null .and void six months after the cyo l et i on 01m1Aroye�nt s, S. aQ oiyeg BY COUNTY. inspection of the iwfrovwumnts end/or matrrtats, or approval of improvements and/or materials inspected, or statement by any officer, agent or emptoyee of the County Indicating that the Improvements or any port thereof comply with the requirtm►ents of this agreement, or acceptance of the whole or wry pert of sold improvements and/or materials, or payments therefor, or any combination or ott, of these acts; shalt not relieve the Subdivider of his obligation to fulfill this scireement as prescribed; nor shalt the County be tbereby be stopped from bringing any action for daiaagos arising from the failure to comply with any of the terse and conditions hereof. b. 1110EMNiTY_ subdividar shell hold hermtesa and indemnify the Tnslcrnnftaes frac the liabilities as defined in this section% A, the indemnitees benoflted and protected by this promise are the County, and its special districts, electiv* and Appointive boards, commissions, officers, agents, and employees; s. The jjahtitiat protected against are any tiabitity or claim fpr damage of any kind allegedly siiffared, incurred or threatened because of actions defined below, end inetuding personal injury, death, property damage, inverse condemnation, or any combination of theat, and regardless of whether or not such liability, claim or damage was unfor*setabte at any time before the County approved the subdivision loop or accepted the impro"ments as completed, and including the defense of any suit(s), actiens(s), or other proceeding(:) concerning those; C. The actions causing liabil.'ty are any act or omisaian (negllbrnt or non-negtigant) In connection with the matters covered by this agreement and attributable to the subdivides , contractor, Subcontractor. or any officer, agent, or employee of one or awre of them; D. 1120-ff; itis a: The promise and agreement in this section aro not conditioned or dependent on whether or not any indemnitee has prepared, supplied, or approved any plants) nr *poolfication(s) in Connection with the iaprovearents or subdivision, or has fnsurence or other indemnification covering any of these matters. Y. Costs. subdivider shalt pay or hav* pond when dva sit the costs of the Mork, fnetudina inspections thereof and relocating axistins utilities required thereby. e. NoaPE !2RJAWCE AND COSTS. 1f subdivider faits to maintafn the work and fmprovements during the time op" in. this agreement, County way prose*d to maintain them by vt)ntract or otherwise, and subdivider shalt Pay the costs end Charges therefor immediately upon demand. If County sues to compel parformance of this agreement or recover engineering costs and the Cost of maintaining the improvements, subdivider shalt pay all reasonable attorneys' fees, costs of suit. and all other expenses of litigation incurred by county in connection ' rherevlth. Q. ASSIGNMER1. if before the completion of the maintenance periost the subdivision is annexed to a efty, the County way sssign to,.that city the County•• rights under this agreeac•nt and any deposit or bend securing them. 10. LLIp�,.i 11ATERI6�S. u4gRAMTY. Subdivider further warrents thAt the claims and Liens of all persons, contractors, and subcontractors furnishing tabor or materials for th., installation of sold improvements in the subdivision have been satisfied. The subdivider agrees to satisfy any valid claims or tions of tabor and auterislmien as to the said improvements and subdivision appearing hot-:fter upon demand by the County, 11. ttCgitD NAF. to Consideration hereof, County shalt allow Tiubdlvidtr to file sod record said tubdivision mop, std recognitas this subdivision as one complying with state laws and County ordinances. AG:33 SEs-3/.88) t 8 4 S q$ i as m 4