HomeMy WebLinkAboutMINUTES - 01091996 - C8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 9, 1996, by the following vote:
AYES: SUPERVISORS ROGERS, SMITH, DESAULNIER, TORLAKSON, BISHOP
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO.: 96/ 5
SUBJECT: Approval of the Road Improvement Agreement for LUP 2057-93, Oakley Area.
The following document was presented for Board approval this date for LUP
2057-93, property located in the Oakley area.
A Road Improvement Agreement with Barbara J. Fox, developer, whereby said
developer agrees to complete all improvements as required in said Road Improvement
Agreement within one year from the date of said agreement. Improvements generally
consist of frontage improvements and storm drain pipe connection at Highway 4.
Said document was accompanied by the following:
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. 271272, dated 12/21/95) in the
amount of$2,650 ($1,000 for faithful performance and $1,650 for labor and
materials) made by Barbara J. Fox.
All deposit permits are on file with the Public Works Department.
NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is
APPROVED.
I hereby cortify that this is a true and correct copy of
an action taken and entered on the minutes of the
Hoard of Supervisors on the date shown.
ATTESTED:
PHIL B CHELClR,gerk ot1the Board
of Supervisors and COUnty Administrator
By-O-L-&, 0,_,,1 0 OA-� ,Deputy
Originator: Public Works (ES)
Contact: Rich Lierly 313-2348
cc: Director of Community Development
Public Works - Construction (TBM )
Barbara J. Fox
2817 Main St., Oakley, CA 94561-3135
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RESOLUTION NO. 96/ 5
ROAD IMPROVEMENT AGREEMENT
Road: Main Street ( SR 4 ) q /_
Developer:R;a-rha ra a - B4;)X Effective Date: o
Development: 2 0 5 7-9--1 Completion Period:one year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER: (Name and Tdje)2
J.Michael Walford
Public Works Director
f
B x
J Fox ( Owner )
RECO D RAP O L:
By:
Engin.0@'dnq5pM6esQ on
FORM APPROVE : Victor J.Westman,
County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is In-
corporated, signatures must conform with the designated repre-
sentative groups pursuant to Corporations Code S313.)
1. PARTIES & DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called"Coun " and the
above-mentioned Developer,mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,
street lights,fire hydrastis,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans
for this development as reviewed and on fie with the Contra Costa County Public Works Department and in conformance with the Contra Costa
County Ordinance Code(including future amendments thereto).
i
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof
in a.good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of
the County Ordnance 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 Developer shall,pursuant to the County Ordinance Code,provide
as security to the County.
A For Performance and Guarantee: $ 10 0 0. 0 0 cash,plus additional security,in the amount of$ 0. 0 0 which together
total one hundred percent(100°x6)of the estimated cost of the work Such additional security is presented in the form of.
Cash,certified check or cashiers check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit
With this security,the Developer 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.
650.0
B. For Payment Security in the amount of which is fifty percent(50°x)of the estimated cost of the work Such security
is presented in the form of:
x Cash,certified check,or cashiers check
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Developer.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities
may be reduced in accordance with S944.406 and S944.408 of the Ordinance Code.
2
�. GUARANTEE AND WARRANTY OF WORK Developer guarantees that said work shall be free from defects in material of
workmanship and shall perform satisfactorily 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. Developer agrees to correct, repair,or replace,at his expense,any
defects in said work-
The
orkThe guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABUSHMENT WORK Developer agrees to perform establishment work for landscaping installed under this agreement.
Said plant establishment 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 establishment of plants. Said plant establishmentwork
shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work
as promised in Section 2 and as required by the Conditions of Approval for the development. 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,
Developer 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 employee 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 Developer
of his obligation to fulfill this agreement as prescribed;nor shall the County be 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: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,
commissions,officers,agents,and employees.
B. The Pabgrties protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because
of 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,daim or damage was unforeseeable 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 liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to the Developer,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
has prepared,supplied, or approved any plan(s)or specification(s)in connection with this work, or has insurance or other indemnification
covering any of these matters,or that the alleged damage resulted party form any negligent or willful misconduct of any Indemnity.
9. COSTS: Developer shag pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required
thereby.
10. NON-PERFORMANCE AND COSTS: If Developer 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 Developer 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.
Developer hereby consents to entry on the development 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,Developer agrees to pay all costs incurred by the County,even if
Developer subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,
Developer agrees to pay all attorneys fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer
subsequently proceeds to complete the work.
11. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the development 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 shag be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against
Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration hereof.
(Check applicable section(s))
County shag allow Developer to obtain building permits for said development,assuming it fully complies with other applicable
regulations.
County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval)
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State of California
County of Contra Costa
On Dec.20,1995.'before me M. Weidmark
DATE NAME,TITLE OF OFFICER-E.G..-JANE DOE,NOTARY PUBLIC'
personally appeared Barbara J. Fox
NAME(S)SIGNER(S)
in the capacity as individual
INDIVIDUAL,GENERAL PARTNER,CORPORATE OFFICER-E.G..VICE PRESIDENT
personally known to me -OR-U proved to me on the basis of satisfactory evidence to
be the person(s)whose name is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(es),and that by
his/her/their signature(s)on the instrument the person(s),or the
entity upon behalf of which the person(s) acted, executed the
instrument.
❑He/She/They also acknowledged to me that such corporation executed the within instrument
pursuant to its by-laws or a resolution of its Board of Directors.
WITNESS my hand and ofti ' seal,
a F M. WEIDMARK
COMM. #995274
NOTARY PUBLIC-CALIFORNIA '0 Signa ure oflqotary
�> CONTRA COSTA COUNTY
•.. .�,� My Comm.Expires June 14,1997
SIGNATURE REQUIREMENTS
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
1. FOR All SIGNATURES -The name and interest of the signer should be typed or printed in the space provided.
The name must be signed exactly as it is typed or printed.
If. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signers
interest in the property must be stated.
111. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing
to have the authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. (a)The Chair of the Board GROUP 2. (a)The Secretary
(b)The President (b)An Assistant Secretary
(c)Any Vice-President (c)The Chief Financial Officer
(d)The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a
resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type
in question is required. A currently valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase.
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a
resolution of its Board of Directors."
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