HomeMy WebLinkAboutMINUTES - 01261999 - C2-C6 TO: BOARD OF SUPERVISORS 8
FROM: J. MICHAEL WALFORD, Public Works Director
DATE: January 26, 1999
SUBJECT; Approve Project, Plans and Specifications and Advertise for bids for the California
Street Reconstruction Project in the Rodeo Area.
Project No.9662-6R4231
CDD-CP# 98-92
Specific Request(e) or Recommendation(a) & Background & Justification
I. RECOMMENDED ACTION:
APPROVE Project, Approve the Plans and Specifications for the Project and
ADVERTISE for bids to be received on Tuesday, March 2, 1999, at 2.00 p.m.
DETERMINE that.the project is a California Environmental Quality Act Class 2c Categorical
Exemption, and
DIRECT the Director of Community Development to file a Notice of Exemption with the County
Clerk. '
Continued on Attachment* x SIGNATURE, �
RECOMMENDATION OF COUNTY ADMINISTRATOR 77
RECOMMENDATION OF BOARD COMMITTEE
—APPROVE —OTHER
SIGNATURE(S):
ACTION OF BOARD ON ��; r��� APPROVED AS RECOMMENDED X $000
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT
AYES: NOES;
ABSENT: ABSTAIN:
G:\GrpDeta\Designw\1999\CaliterniaStreetReconstnuctiont-19.doc I hereby certify that this, 9u C true and correct
Orlg.Div: Public Works(Design)
Contact: Tony Chu(313-2348) copy of ears acwv n taken and entered on the
co: County Admin.E.Kuavor minutes of the Board of eSijpier vi!sorw on the
Auditor-Controller
Community Development date shown.
PW Accounting _ ,aro A
Construction ATT
E TED:
Transportation Engineering PHiL �TC ELOR, qerk of the Board
of Supervisors n County Administrator
y ®. Deputy
SUBJECT: Approve Projects Plans and Specifications and Advertise for bids for the California Street
Reconstruction Project in the Rodeo Area.
Project No.0662-684231
CDD-CP# 96-92
DATE: January 26, 1999
PAGE: 2
1, RECOMMENDED ACTION (can't):
DIRECT the Public Works Director to arrange for payment of the $26,00 handling fee to the
County Clerk for filing of the Notice of Exemption.
DIRECT the Clerk of the Board to publish the Notice to Contractors in accordance with Section
20392 of the Public Contract Cade, and
I1. FINANCIAL IMPACT:
The estimated contract cost of the project is $99,000 funded by Measure C Funds (100%).
Ill. REASONS FOR RECOMMENDATION/BACKGROUND:
The project is needed to insure the continued existence of the roadway and promote its safe
usage.
The project has been determined to be in compliance with the General Plan and is exempt from
CEQA because the proposed project consists of the reconstruction of the existing facilities where
the new structure will be located on the same site and will have the same purpose and capacity
as the structure replaced.
The Public Works Director has filed with the Board of Supervisors the Plans and Specifications
for the project.
The general prevailing rates of wages, which shall be the minimum rates paid on this project, have
been filed with the Clerk of the Board and copies will be made available to any interested party
upon request.
IV. CONSEQUENCES OF NEGATIVE ACTION:
If the project is not approved for advertising, it will not be constructed.
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 26, 1999, by the following vote:
AYES., SUPERVISORS GIOIA, UI KEMA, GERBER, DeSAUL IBR AND CIAMILI-A
NOES; NOINE
ABSENT: NONE
RESOLUTION NO. 99131
(Gov. Code § 25526.6)
SUBJECT: Conveyance of Easement to Pacific Gas & Electric Company
Former Southern Pacific Right of Way, Parcel Sixty Six
Project No. W.O. 5575
San Ramon Area
The Board of Supervisors of Contra Costa County RESOLVES THAT;
Contra Costa County acquired certain real property by deed recorded on december
31, 1966, in Boob 13358 at page 467, in the San Ramon area for public transit and utility
purposes. Pacific Gas & Electric Company has requested an easement over a portion of
said property, described in Exhibit "A" attached hereto, for the construction and
maintenance of an underground electric facility. This Board FINDS that the conveyance
of such easement is in the public interest and will not substantially conflict or interfere with
the County's use of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of an easement
to Pacific Gas & Electric Company, over the property described in Exhibit "A" attached
hereto, pursuant to Government Code Section 25526.6 and the Board Chair is hereby
AUTHORIZED to execute a Grant of Easement on behalf of the County in consideration
for the payment received in full in the amount of$3,000.
The Real Property Division is DIRECTED to cause said Grant of Easement to be
delivered to the grantee.
Orig. Dept.: Public Works (RIP)
Contact: Patricia sayers(313-2222) i hereby certify that this its a true and correct
cc: Public Works Accounting copy of an action taken and entered on the
Public Works Records minutes of the Board of supervisors on the
Grantee(via R1P) nate shown.
Recorder(via WP) ATTESTED: � �
PHIL BAS' H L Gid, Jerk of the hoard
of supervisors and Ge inty Administrator
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G:\GrpData\RealProp11999-Fiies199-1\BR27-1-26.doc y Deputy
(Form updated 8198)
RESOLUTION NO. 99/3 t
Recorded at the request of:
Pacific Gas& Electric Company
After recording return to:
Pacific Gas & Electric Company
1030 Detroit Avenue
Concord, CA 94518-2487
Attention: Gil Yamzon
Former Southern Pacific Right of Way
Parcel W
GRANT OF EASEMENT
For good and valuable consideration, including but not limited to the agreements contained
herein, the receipt and sufficiency of which are hereby acknowledged, CONTRA COSTA
COUNTY, a political subdivision of the State of California, hereinafter called COUNTY,
hereby grants to Pacific Gas & Electric Company, a California corporation, hereinafter
called GRANTEE, a nonexclusive right to a 10 foot wide subsurface perpetual easement
and right of way for installing, constructing, reconstructing, removing, replacing, repairing,
upgrading, maintaining, operating and using an underground electric circuit and
appurtenances thereto, and for no other purposes whatsoever, alone and in all of the
hereinafter described parcel of land situated in the County of Contra Costa, State of
California, described as follows:
FOR DESCRIPTION SEE ATTACHED EXHIBIT "A"
The foregoing grant is made subject to the following terms and conditions:
1. The COUNTY Property subject to this easement (hereinafter the "Property") is
a corridor which County is in the process of developing for transportation, utility,
and other purposes. Underground facilities are already in place and it is
anticipated that, in the future, a mass transportation system and additional utility
facilities will be constructed or installed on the Property. GRANTEE
acknowledges that the use just described constitutes the primary use of the
Property and that any and all rights granted or implied by the Grant of Easement
are secondary and subordinate to the COUNTY's primary use of the Property.
The GRANTEE shall not obstruct the easement area. The GRANTEE shall not
use or permit use of said easement for any purpose other than those granted by
this agreement.
2. GRANTEE hereby acknowledges COUNTY's title in and to the Property and
agrees never to assail or resist said title.
3. GRANTEE shall, prior to any construction, installation, reconstruction,
remodeling, repair, removal or other work within the Property, submit specific
plans and specifications to COUNTY for review and approval. Such approval,
1
together with any additional requirements to be in the farm of a written permit
issued by COUNTY to GRANTEE. The terms of such permit shall not be
inconsistent with this easement.
4. COUNTY reserves the right to require GRANTEE to modify its facilities, to
relocate said facilities within the easement area or to remove its facilities from
the easement area to another site selected by COUNTY, at GRANTEE's sole
expense. If COUNTY directs GRANTEE to remove its facilities from the
easement area to a site outside the easement area, COUNTY shall provide the
GRANTEE with a similar easement for the new site. GRANTEE shall be
responsible for all costs of relocating its facilities but shall not be required to pay
for the relocated easement area. In the event that GRANTEE fails to commence
the required work within thirty days after being directed to do so by COUNTY,
or such reasonable extension as COUNTY may agree to, or fails to complete the
required work within a reasonable time thereafter, COUNTY may perform or
complete the work at the expense of GRANTEE, which expense GRANTEE
agrees to pay to COUNTY promptly upon demand, including but not limited to
engineering costs and any legal expenses incurred to collect such costs. if
GRANTEE's facilities are removed from the current easement area to a new
easement area, GRANTEE shall promptly quitclaim to COUNTY its interest in
the prior easement area.
5. a. Any and all COUNTY facilities, landscaping or other improvements, removed
or damaged as a result of the use of the easement area by GRANTEE, or any
other person or entity acting under GRANTEE's direction or control, shall, at
COUNTY's discretion and direction, be repaired or replaced by COUNTY, with
all reasonable costs and expenses to be paid by GRANTEE (including but not
limited to engineering costs and legal casts of collecting any unpaid expenses)
or shall be repaired or replaced by GRANTEE, at the sole cast and expense of
GRANTEE., equivalent to or better than their existing condition. In the event that
GRANTEE fails to commence the required work within thirty days after being
directed to do so by COUNTY, or such reasonable extension as COUNTY may
agree to, or fails to complete the required work within a reasonable time
thereafter, COUNTY may perform or complete the work at the expense of
GRANTEE, which expense GRANTEE agrees to pay to COUNTY promptly upon
demand, including but not limited to engineering costs and any legal expenses
incurred to collect such costs.
b. It is understood and agreed that COUNTY has leases, licenses, easements
and/or rights with ethers (hereinafter the "Co-users")for all or a portion of the
Property. Such arrangements provide an underground petroleum products
pipeline right-of-way, telecommunication conduit system and may also include
other uses such as underground natural gas, sewer, water, electrical lines,
overhead electric and communications lines or similar uses. GRANTEE agrees
to take all precautions required to avoid damage to the facilities of the Ccs-users.
2
If GRANTEE damages the facilities or improvements of any Co-user,
GRANTEE shall repair or replace such facilities at GRANTEE's sole cost and
expense.
6. Prior to any construction, installation, remodeling, repair, removal or other work
within the Property, GRANTEE shall notify Co-users three (3)working days in
advance of such activity.
7. GRANTEE agrees that COUNTY shall not be held responsible or liable for
protecting in place, damage to, or removal of GRANTEE's facilities,
appurtenances or improvements, caused by or resulting from COUNTY's use of
the Property or work or operation thereon. It shall be the sole responsibility of
the GRANTEE to provide and maintain adequate protection and surface
markings for its own facilities.
8. The easement granted hereunder is non-exclusive. Nothing herein contained
shall be construed to prevent COUNTY from granting other easements over the
Property or using the Property for any and all purposes and the COUNTY
expressly reserves the right to grant to others the right to use the easement in
any manner and for any purpose. All rights granted to GRANTEE hereunder are
subject to all existing and future rights, rights of way, reservations, franchises,
licenses and easements in the Property, regardless of who holds the same,
including the COUNTY's right to use the Property for any purpose. COUNTY
shall have the right to require GRANTEE to modify, remove or relocate its
facility in a timely manner at GRANTEE's sole cost as reasonably necessary to
accommodate any other user's right to construct, replace, enlarge, repair,
maintain and operate its facilities, in the same manner as required by section
4 of this easement, including the rights and remedies contained therein.
9. a. In the exercise of all rights under this easement, GRANTEE shall be
responsible for any and all injury to County, to the public, to Co-users, to
individuals and to property arising out of GRANTEE's use of the Property.
GRANTEE shall indemnify, defend, save, protect and hold harmless, COUNTY,
its officers, agents, employees and contractors from and against any and all
threatened or actual loss, damage (including foreseeable and unforeseeable
consequential damages), liability, claims, suits, demands, judgments, orders,
costs, fines, penalties or expense of whatever character, including but not
limited to those relating to inverse condemnation, and including attorneys`fees,
(hereinafter collectively referred to as "liabilities") to persons or property, direct
or consequential, directly or indirectly contributed to or caused by granting of
this easement, GRANTEE's operations, acts or omissions pursuant to this
easement, or the GRANTEE's use of the easement, save and except liabilities
arising through the sole negligence or sole willful misconduct of the COUNTY,
its officers or employees.
3
b. GRANTEE further agrees to defend, indemnify, save, protect and hold
harmless, COUNTY from any and all actual or threatened claims, costs, actions
or proceedings to attack, set aside, void, abrogate or annul this grant of
easement or any act or approval of COUNTY related thereto.
c. GRANTEE accepts the Property conveyed pursuant to this easement in an
"as is" physical condition, with no warranty express or implied on the part of the
COUNTY as to any matter, including but not limited to the condition and/ or
possible uses of the land or any improvements thereon, the condition of the soil
or the geology of the soil, the condition of the air, surface water or groundwater,
the presence of known and unknown faults, the presence of any hazardous
substance, materials, or other Kinds of contamination or pollutants of any kind,
in the air, soil, groundwater or surface water, or the suitability of the Property for
the construction and use of the improvements thereon, It shall be the sole
responsibility of GRANTEE, at its sole cost and expense, to investigate and
determine the suitability of the soil, water, geologic, environmental and seismic
conditions of the Property for the intended use contemplated herein, and to
determine and comply with all building, planning and zoning regulations relative
to the Property and the uses to which it can be put. GRANTEE relies solely on
GRANTEE's own judgment, experience and investigations as to the present and
future condition of the property or its suitability for GRANTE'E's intended use.
GRANTEE agrees that neither GRANTEE, its heirs, successors or assign shall
ever claim have or assert any right or action against COUNTY for any loss,
damage or other matter arising out of or resulting from the presence of any
hazardous substance or any other condition of the property at the
commencement of the easement or from the release of any hazardous
substance in, on or around any part of the Property or in the soil, water,
subsurface strata or ambient air by any person or entity other than the COUNTY
following the commencement of this easement. As used herein, "hazardous
substance" means any substance, material or waste which is or may become
designated, classified or regulated as being "toxic," "hazardous" or a"pollutant"
under any federal, state or local law, regulation or ordinance. Nothing in this
section is intended in any way to restrict the right of GRANTEE to seek
contribution or indemnity from any person or entity other than COUNTY whose
activities are a cause of any discharge, leakage, spillage or emission of
hazardous materials on or to the property.
d. To the extent permitted by law, GRANTEE shall indemnify, defend, save,
protect and hold the COUNTY harmless from and against any and all claims,
demands, liabilities, expenses (including without limitation attorneys fees and
consultants fees), penalties, damages, consequential damages and losses, and
costs (including but not limited to the costs of any required or necessary testing,
remediation, repair, removal, cleanup or detoxification of the Property and
surrounding properties and from and against the preparation of any cleanup,
remediation, closure or other required plans whether such action is required or
4
necessary prior to or following the termination of the easement), of any kind or
nature, to the extent directly caused by GRANTEE's operation or performance
under this easement, including all costs, claims, damages (including property
and personal injury) directly caused by the uncovering, release or excavation
of hazardous materials (including petroleum) as a result of GRANTEE's
construction, reconstruction, maintenance, use, replacement, or removal of its
facilities, to the extent that such activities have increased the costs attributable
to the cleanup or remediation of such hazardous materials.
e. The obligations contained in this section shall survive the expiration or ether
termination of this easement.
10. GRANTEE. understands and acknowledges that COUNTY mares no
representations, warranties or guarantees of any kind or character, express or
implied, with respect to the Property, and GRANTEE is entering into this
transaction without relying in any manner on any such representation or
warranty by COUNTY.
11. In the event GRANTEE shall cease to use the easement hereby granted for a
continuous period of one year or in the event GRANTEE abandons any of its
facilities or fails to use the easement for the purpose for which it is granted, then
all rights of GRANTEE in and to said lands shall hereupon cease and terminate
and title thereto shall immediately revert to and vest in the COUNTY or its
successors. Upon any termination of GRANTEE's rights hereunder, GRANTEE
shall, upon request by COUNTY, and at GRANTEE's sole cost and expense,
remove all its facilities from said lands and restore said Property to its original
condition. Upon failure of GRANTEE so to do, said work may be performed by
COUNTY at GRANTEE's expense, which expense agrees to pay to COUNTY
upon demand. GRANTEE shall execute any Quitclaim feeds required by
COUNTY in this regard.
1 . No rights granted hereunder shall be transferred or assigned without the prior
written consent of COUNTY.
13. Nothing herein contained shall be deemed to construe that access or other
secondary rights are conveyed by this document over any of COUNTY's
adjacent lands lying outside of the aforesaid strip of land above described.
14. This grant of easement contains the entire agreement between the parties
hereto and shall not be modified in any manner except by an instrument in
writing executed by the parties or their respective successors in interest.
15. This grant of easement shall not be construed as if it had been prepared by one
of the parties, but rather as if both parties have prepared it. The partes to this
grant of easement and their counsel have read and reviewed this grant of
5
easement and agree that any rule of construction to the effect that ambiguities
are to be resolved against the drafting party shall not apply to the interpretation
of this grant of easement.
16. This indenture and all of the covenants herein contained shall inure to the
benefit of and be binding upon the heirs, successors and assigns of the
respective parties hereto.
IN WITNESS WHEREOF, this Grant of Easement is signed and executed this Z5-�)day
of J uvw T 1 Q eb
CONTRA COSTA COUNTY PACIFIC GAS & ELECTRIC
e
BY it .. of Supervisors � � icharct A. 6igliott
Supervisor
� Tl~ OF CALIFORNIA }
North Coast Lana Rights Office
COUNTY OF CONTRA COSTA)
On January 26, 1999 before me, Phil
Batchelor, Clerk of the Board of Supervisors and .-,.-.....
County Administrator, Contra Costa County, PG & E Cts - APPROVED
personally appearedC � -
who is personally known to me (or proved to me DESC. LAND
on the basis of satisfactory evidence) to be the
person(s)whose name(s) is/are subscribers to the LAW OPE ,z - '&
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by hWherltheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) act-
ed, executed the instrument.
By: }
Deputy Clerk
Form Approved (12/96)
Victor J. Westmen, County Counsel
By: .�—
Deputy
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6
62-4202 Notary(0eneral)Rev.6194
STATE OF CAE WORNIAA CA AG`U OARM 1W SIG'U
CCIU'I+T'I'Y OF Wf'V--+. WtTAI I
SS. I I Imm"(a)Virg Por Onewnhwnsemm
On OVlti 1 befbm me,the undersigned,a Notary Public for said State,personally I)tbtP-ft0 iw(s)ofttoAboveNwrwdC.orcatst1*s)
appeared
I;Guardian of the Above Named he Mduaf(s)
i
k4'pettronally known tome to be the person(+)whose I I Pu t er(s)of the Above Named Pambrship(s)
name(a)ia4m subscribed to the within instrument and acknowlodged to me that he/ e3 executed the same in
hist'hovthei r authorized capacity(#*,*tad that by hia&orAkoir signatum(a)on the instrument the gerson(a),or I I Amommj(a)-t act of the Ab"Named NridpaXs)
the entity upon behalf of which the person(i)acted,executed the instrument.
3
Na
Ab"1 I Ts)of
G{L i`, i AlUl,6.YClN theNamedt ruaas)
VVITN SS my hand and official seal. COMM. 1092001 t l t
NOTMY pUSi1G-CAk FOR41A
CONTRA COSTA COUNTY00 -*
` C-W"-l Mres Mir.22,20W
EXHIBIT "A"
A strip of land of the uniform width of 10 feet, the center line of which is delineated
by the heavy dashed line shown upon the print of Exhibit NB," Drawing No. 43E6-
7738 attached hereto and made a part hereof, being a portion of the pard of land
described and designated PARCEL.. SIXTY-SIX in the deed from Southern Pacific
Transportation Company to Contra Costa County dated December 10, 1988, and
recorded in Boob 13359 of Official Records at page 489, Contra Costa County
Records.
The legal description herein, or the reap attached hereto, defining the location of
his utility distribution easement, was prepared by Pacific Cas and Electric Company
pursuant to Section 8730 (c) of the Business and Professions Code.
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7 >x
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 26, 1999 by the following vote:
AYES: SUPERVISORS GIOIA, DILKER4, GERBER, DeSAULNIER AND CANCIAMILLA
NOES: NON.7E
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 99032
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7762,Alamo
area.
The following documents were presented for Board approval this date:
I. Map
The Final Map of Subdivision 7762, property located in the Alamo area, said map
having been certified by the proper officials,
II. Subdivision Agreement
A subdivision agreement with Trident Associates, LLC, subdivider, whereby said
subdivider agrees to complete all improvements as required in said subdivision
agreement within one year from the elate of said agreement. Accompanying said
subdivision agreement is security guaranteeing completion of said improvements as
follows:
A. Cash Deposit
Deposit amount: $1,000.00
Deposit rade by: Trident Associates, LLC
Auditor's Deposit Permit No. and Date: 319862 September 15, 1998
B. Surety Bond
Bond Company: Reliance Surety Company
Bond Number and Date: P2794492
Performance Amount: $87,800.00
Labor&Materials Amount: $44,400.00
Principal: Trident Associates, LLC
SUBJECT- Approval of the Find Map and Subdivision Agreement for Subdivision 7762,Alamo
area.
DATE: January 26, 1999
PAGE -2-
111. Tax Letter
Letter from the County Tax Collector statim that there are no unpaid County taxes
heretofore levied on the property included in said map and that the 1998--1999 tax
lien has been paid in full and the 1999-2000 tax lien,which became a lien on the first
day of January 1999, is estimated to be $14,200.00, with security guaranteeing
payment of said tax lien as follows:
Tax Surety
Bond Company. Reliance Surety Company
Bond Number and Date: P2893146 January 7, 1999
Amount: $14,200.00
Principal: Trident Associates, LLC
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.
All deposit permits are on file with the Public Works Department.
BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED.
i0i
G:\GrpDaa\EngSvc\B0\:999\l30 I-25-99.doe
Originator:Public Works(ES)
Contact: Rich Lieriy(3€3-2348)
cc: Public Works-R.Bruno,Construction
Current Planning,Community Develop-ment
-November 25,1999
Trident Associates,LLC
2291 l sa Do Mercades,Suite E,Concord,CA 94520 1 har9by certify that this a a true and cOrrect
Reliance Surety Company s
580 C21ifornia Street,#130{},San Francisco,CA 941.04 copy of F3£ action taken n entered art the
mints of tyle Board of ?sons on the
data silo rL
o2 I
PHIL. BATCWRt.0 Ry C,4,rk 0 he Boa.rd
of Supervisors ai>d Count Aol:;i€istrator
Deputy
TIDE BOARD OF SUPERVISORS OF CONTRA COSTA.COUNTY,CALIFORNIA
Adapted this Resolution on January 26, 1998 by the following vote:
AYES: SUPERVISORS GIOIA, UILKE fA, GERBER, De3AULINIER AND CAIN'C-IAMIILA
NOES: NONE
ABSENT: NONE
ABSTAIN: NO'N"E
RESOLUTION NO. 99/33
SUBJECT: Amending Drainage Improvement Agreement, Subdivision 7969, Byron area.
The following substitute security to guarantee the drainage improvements during the
warranty period as required by Title 9 of the County Ordinance Code was presented for Board
approval this date.
Security with Land Factors Incorporated as principal in the form of a corporate surety bond
(Bond No. 4221135) dated November 30, 1998, and issued by Developers Insurance Company in
the amount of$1,020.00 for 15 percent warranty maintenance bond.
NOW THEREFORE BE IT RESOLVED that the Agreement approved by the Board on
April 1, '1997, is hereby AIWENDED to allow substitution of the above-mentioned corporate surety
bond in place of the $6,800.00 Bond No. 4221135 dated March 5, 1997.
All deposit permits are on file with the Public Works Department.
3C:ic
G',G,pData\EngSvc\Bt7\".999\£50 1-26-99.doc
Originator!Puolic Works(ES)
Contact: Rich L.ieriy(313-2348)
cc: Public Works -Accounting
R.&:rnc,Cons:action
Current?lanning,ComTM±w.ity Development
€ hereby cert y that alis is a true and correcd
co- 0y of ar action ta€ rl aid entered on t�l�
in.utos of the Soard of Supervisors 0'1 the
date shown.
P H I L B AT C"P__-0
BY� � = � Deputy
t
WI
-2
insccb-
jr
nSC: t
PLA ' EN 0RIC Ili AL
NMAINTENANCE BOND BOND NO: 4221135
PREMILJ�k NIL
NIG LU0ED z'N P ER Y 0RIMn'NCE B0ND
TEA T we LAND ';ACTORS INCORPORATED _ as Principal,
and DEVELOa; RS I SURANCE C0MEPANY a corporations organized and doing business under and by
virtue of the taws of the State of California and duly licea.sed to conduct surety business in the Stats of California, as
Surety, are held and firmly bound unto
CONTRA COSTA COUNTY
as Obligee, is the sun, o; ONE THOUSAND TWENTY AND NO/100th.s ___—__®—_ (s 1,020,00 __�.___® }
Dollars, for which payment, well and truly to be made, we bind ourselves: our heirs, executors and successors;
Jointly and severally firmly by these presents.
THE (;CNDITICN OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, entered into an agreement or agreements with said Obligee to:
SUBDIVISION 7969, CAMINO DIABLO/BIXLER ROAD, BYRON, CA
jOB NO*. 93176
WHEREAS, said agreement provided that Principal shah guarantee replacement and repair of improvements as
described therein-, for a period of one year following final acceptance of said improvernentz;
NOW, 'T HEREFORE, if the above Principal %hall index nify the Obli.gee for all loss that Obligee may sustain by
reason of any defective materials or workmanship which became apparent during the period of one year Brom and
after acceptance of the said improvements by Obligee,then this obligation shat:be void, otic ermse to rernsin in full
force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principalis hereto affixed and the corporate seal and the
name of the ;aid Surety is hereto affixed and attested by its duty authorized Attorney-in-Fact
this 30 bhE day of NOVEMBER ' 19 98
LAND FACTORS, INC DEVELOPERS INS1_1RANCE COMPANY
BY:
FRANK LS N -------- Acts r7cY-tn Fact
17780 Fitch
Irvine, CA 92714
(714)263-33G0
Fo,q,{ICC-J'01 AEV,10100
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNIA
County of caNTRA COSTA
On 11/30/98 before me, M. A. ATWATER. — NOTARY PUBLIC
DATE NAME,TITLE OF OFFICER-E,G.,'JANE DOE,NOTARY PUBLIC'
personally appeared FRANK R. OLSSON
NAIVE(S)OF SiGNEFi{S)
personally known to me - OR - u 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 ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), 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.
WITNESS my hand and official seal,
SIGNATURE OF NOTARY
OPTIONAL
Though.the data below is net required by Taw, It may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this fora.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACKED DOCUMENT
{ El INDIVIDUAL
CORPORATE OFFICER MAINTENANCE BOND NO. 4221135
TITLE OR TYPE OF DOCUMENT
TITLE(S)
L.j PARTNER(S) Ei LIMITED 1
C GENERAL
ATTORNEY-IN-PAC? NUMBER OF PAGES
TRUSTEE(S)
L_ 's
GUARDIAN/CONSERVATOR 1.1/30/98
OTHER:
DATE OF DOCUMENT
sloNeR IS RI~PF?ESEfVTING.
NAME OF PERSON(S)OR ENTITY(IES)
DEVELOPERS INSURANCE COMPANY SIGNER(S)OTHEF THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184>Canoga Park,CA 9 1 309-71 84
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS
�y INSURANCECOMPANY ¢
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
C.�
Adopted this Resolution on January 26, 1999 by the following vote:
AYES: SUPERVISORS GIOIIA, UILKEMA, GERBER., DeSAULTjIER AND CANCIAMILLA
NOES: NONE
ABSENT. NONE
ABSTAIN:NONE
RESOLUTION NO.99/34
SUBJECT, Amending Subdivision Agreement, Subdivision 7969, Byron area.
The following substitute security to guarantee the road and drainage improvements during
the warranty period as required by Title 9 of the County Ordinance Code was presented for Board
approval this date:
Security with Land Factors Incorporated as principal in the for of a corporate surety bond
(Bond No. 4221225) dated November 30, 1998, and issued by Developers Insurance Company in
the a*nount of$13,070 for 15 percent warranty maintenance bond.
NOW THEREFORE BE IT RESOLVED that the subdivision agreement approved by the
Board on April 4, 1997, is hereby AMENDED to allow substitution of the above-mentioned
corporate surety bond in place of the $92,800 Bond No. 4221225 issued by Developers Insurance
Company dated February 13, 1997.
All deposit permits are on file with the Public Works Department.
:;c
Cs:\GrpData'',,BirgSvc',3011999'BO 1-26-99.doe
Originator:Public Works(BS)
Contact: Ricci Lie:ly(313-2348)
cc: Fubiic Works -Accounting
R.Brmo,Construction
Land Factors 1 corpo.ated
30 Town&Co=-y Drive,Danville,CA 94526
Developers Insurance Company
P.O.Box 19725,Irvine,CA 92623
E hereby certify t1liiMt th s is a true and correct
copy of an action taken and entered or the
minutes of the Board of Supery sors ori the
date showi.
ATTESTED: -�C!Hit.. BST tom, -<,,00Rof the Soar€
03 SUPO° '80rs and County Administrate°
By Deputy
Insc
REPLACEMENT ORI G I N A L
1vLAINTENANCE BONDBOND ��: 4221225
PRE,NT'LUI . $ NTL
NCLUDED TN PERFCRMANCE 80ND
KNOW ALL MEN BY THESE PRESENTS;
THAT we, LAND FACTORS INCORPORATED as principal,
and DEVELOPERS INSURANCE COMPANY a corporation organized and doing business under and by
virtue of the lstvs of the State of California and duly licenced to conduct surety business in the State of California,as
Surety, are held and firmly bound unto
CONTRA COSTA COUNTY
as Obligee, in the sum o (s13,070.00 ------- ;
Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors;
Jointly and severally firmly by these presents.
T>iE :litD'ri� ii�' �' Q i,, ixrli '+
vUTHAT:
WF-LEREA.S, the above named Principal entered into an agreement or agreements with said Obligee to:
SUBDIVISION 7969
CAMINO DIAELO/E,IXLER BROAD
DYRON, CONTRA COSTA COUNTY
WTHlE3.REAS, said agreement provided that principal shall guarantee replacement and repair of improvements as
described therein for a period of one year folloAring final acceptance of said improver nenta;
NOW, THEREFORE, if the above Principal shall inden-mify the Obligee for all loss that Obligee may sustain by
reason of any defective materials or workmanship which become appa..rent during the period of one year from,and
after acceptance of the,said improvements by Obligee, then this obligation shall be void„ othemise to remain in full
force and effect.
IN WITNESS WHEREOF, the sea!and signature of said Principalis hereto affixed and the corporate seal and the
name of the said Surety is hereto affixed and attested by its duly aathurized Attorney-in-Fact
t;7is 30th day of NOVEMBER 19 98
LAND FACTORS INCORPORATED DEVELOPERS INSURANCE COY—PANY
`" °unci xal
By.
FRANK R. OLSSON --------- ctorrcyfr xct
Irvine, CA 92714
(714) 263-33W
FO??td tCC-J05 REv.1144
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNTA
%.ounty of coNTIZA COSTA
On 11/30/98 before me, M. A. ATWATER — NOTARY YUBLTC ;
DATE NAME,Tr1'LE OF OFFICER-E.G.:"JANE DOE,NOTARY PUBLIC'
personally appeared FRANK R. OLSSON
NAME(S)OF SIGNERS)
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 ac-
knowledged to me that he/she/they executed
the same in his/her/the;,, authorized
capacity{les), and that by Isis/her/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.
ti •r—.
SIGNATURE OF NOTARY
OPTIONAL,
i
.rIough the data below is not required by law, it may prove valuable to persons relying on the document aind Could prevent
fraudulent reattachnnent of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
NDIVIDLIAL
CORPORATE OFFICER
-MAINTENANCE BUND No. 2212230
TIrLE(5) TITLE LE OR TYPE OF DOCUMENT
7 PARTNER(S) 0 LIMITED
GENERAL 1
7 ATTORNEY-IN-FACT NUMBER OF PAGES
17 TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER,: 11/30/98
DATE OF DOCUMENT
SIGNER IS REPRESEN^nNG:
NAME OF PERSON(S)08 EPv'`i"ITY(tES)
DEVELOPERS INSURANCE COMPANY SI aNERIS)OTHER THAN NAMED ABOVE
V 993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184.Canoga Park,CA 91309.7184
POWER OF ATTORNEY OF
INDEMNITY COMP ' A 1 I
AND DEVELOPERS INSURANCE M `
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