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HomeMy WebLinkAboutMINUTES - 12162008 - C.17 Ili TO: BOARD OF SUPERVISORS ?� � �`�"' Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTO _ ` Costa ..•.•_ _' a , .oe DATE: December 16, 2008 '` County yq-ctiuJi SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 05-08940, EI Sobrante area, (District I) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ M approving the Final Map and Subdivision Agreement, for Subdivision 05-08940, for project being developed by Five Associates, LLC, as recommended by the Public Works Director, El Sobrante area. (District I) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Public Works has reviewed the conditions of approval for Subdivision 05-08940 and has determined that all conditions for final map recordation have been satisfied. CONSEQUENCES OF NEGATIVE ACTION: The final map will not be recorded. Continued on Attachment: SIGNATURE: �� r ECOMMENDATION OF COUNTY ADMINISTRATOR ECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURE (S): ACTION OF BOARD ON 'ate APPROVED AlRECOMMENDED OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the Yvo OF SUPERVISORS , /' minutes of the Board of Supervisors on the UNANIMOUS(ABSENT (fin�_) date shown. AYES: NOES: ABSENT: ABSTAIN: n ATTESTED /rw•_ \E G: n G:\EgSvc\BO\20p8\I2-16tSD 05-08940 BO-21 FORM.docx DAVID TWA, Clerk of the Board of Originator:Public Works(ES) Supervisors and County Administrator Contact: 1.LaRocque(313-2315) cc: Public Works—K.Guruwaya,Construction Current Planning,Department of Conservation and Development T—October 15,2009 Five Associates,LLC 2470 Holly Oaks Dr. By _ F Deputy Danville,CA 94506 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 16, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla, and Glover NOES: None_ ABSENT: None ABSTAIN: None RESOLUTION NO. 2008/ SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 05-08940, for project being developed by Five Associates, LLC, as recommended by the Public Works Director, El Sobrante area. (District I) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 05-08940, property located in the El Sobrante area, Supervisorial District I, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Five Associates, LLC, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within two years from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. HS:jc G:\1,7ngSvc\80\2008\I2-16\SD 05-08940 BO-21 FORM.docx Originator:Public Works(ES) ,,,/ Contact: 1.LaRocque(313.2315) ATTESTED: D-G��iG�ss,�o ��� JoflA' cc: Public Works—K,Guruwaya,Construction Current Planning,Department of Conservation and Development DAVID TWA, Clerk of the Board of Supervisors and County T—October 15,2009 Five Associates,LLC Administrator 2470 Holly Oaks Dr. Danville,CA 94506 By ' Deputy r RESOLUTION NO.2008/ ��� SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 05-08940, for project being developed by Five Associates, LLC, as recommended by the Public Works Director, El Sobrante area. (District I) DATE: December 16, 2008 PAGE: 2 A. Cash Bond (Performance, Guarantee & Payment Bond, all in cash) Performance amount: $51,300.00 Surety Amount: $25,650.00 Auditor's Deposit Permit No. 513641 Date: November 19, 2008 Submitted by: Betty D. Ku III. Tax Letter 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 2008- 2009 tax lien has been paid in full. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. 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. 2. That said final map is APPROVED and this Board does hereby reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 2008/} CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT Board Date: i.Z, /. (g Item Number: C RECEIVED To: Clerk of the Board DEC-1 9 2008 From: PUbI1C Works Department CLERKBOtii1DOFSUPERVISORS CONTRA COSTA CO. Subject: S/� U/`�✓ The following documents with appropriate Board Orders attached and this transmittal, shall accompany, nla /Parcel Mapto the County Recorder's Office. Document Item Number >-qi No documents required [ ] Deferred Improvement Agreement [ ) Offer of Dedication — Roads [ ] Offer of Dedication —Drainage [ J Grant Deed of Development Rights [ ] Common Use Agreement [ ] Consent to Offer of Dedication — Roads [ ] Drainage Release [ ] Relinquishment of Abutters' Rights [ ] Landscape Agreement [ ] Other The map and documents shall be transmitted to the Recorder's Office simultaneously by: Title- Co,,pp any AO() 'i Contact person: t/yI�W;N C ARe Telephone number: 1 Z-i- 0 5y -3�Z4 Title Co. Order Number: 67-3°/ U39f 7•-A -Tri NOTE TO TITLE COMPANY: Please submit a guarantee letter and map recording fee to the County Recorder at the time the map and the documents are filed with the Recorder's Officer. 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. 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J eF Tn` rya°�ji`el _R1) ar d Grv'Jy U .iCY-r,, ��` k�` H �1S �` `^� 1 ,��i ,.0//IST——�J-h�3 1 �`•f`•� to iso-cqo) W �m 3 1 7lTS pig AV avr e1 WC M.VtII 3 I no . y tl ,Inl i,6� I •°osr M.cr:/aa"`3 3.r;. 4 y m� I4� � M.9c IN '6f�11 0 "•�'•/��N '"'"r .�,La„�°D UAB 1110 -7 '\ \ .81, 90 poa6.y IVY([ ,�o 'lay-------ft---� Q N SUBDIVISION AGREEMENT (Gov.Code, 66462 and 66463) Subdivision: Sfn- —fl Q4,lo Effective Date: 0,0 Pgm� ��� Subdivider. FIVE / `SOC/Arps L LC Completion Period: ea/'S THESE SIGNATURES ATTESTTO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER ��v� �7SSD C��TES� L 7RECOMZNDED Public Works DirectorPrint Name .BE7TK FOR APPROVAL: Print Title By: L// Qp� Print Name ngmeenng Services Division Print Title FORM APPROVED: SllvanoB.Marchesi,County CounselN( OTE:All signatures must be acknowledged.If Subdivider is incorporated,the contract must be signed by two officers.The first signature must be that of the chairman of the board,president,or vice-president,the second signature must be that of the secretary, assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of California ) County of ) ss On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for personalty known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in htslheritheirauthorized capacity(les),and that by hislherlthelr 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. Dated: Notary Public (Notary Seal) i 1, PARTIES&DATE.Effective on the above date,the County of Contra Costa.California,(hereinafter'County')and the above-mentionedSubdivider mutually promise and agree as follows concerning this Subdivision: 2. IMPROVEMENTS.Subdivideragreas to install certain road improvements(both public and private),drainage Improvements,signs,street lights,fire hydrants,lands;caping 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 as required by the Conditions of Approval for this Subdivision,and In conformance with the Contra Costa County Ordinance Code,inducing future amendments thereto (hereinafter'Ordinanoe Code'). Subdividershall complete said Improvements(hereinafter'Work')within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. Code,§§66410 at.seq.)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal orsuperiorto the requirements of the Ordinance Code and rulings made thereunder,and where there is a conflict among the improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shag govern. 3. IMPROVEMENTS SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County: r A. For Performance and Guarantee: $ 0 cash,plus additional security,in the amount of$ u tot 3400 which together total one hundred percent(100%)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,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 Securityin the amount$ _a 6��0 ,which is fifty percent(50%)of the estimated cost of the Work.Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit (Rev.91031 Page 1 of 2 With this security,Subdivider guarantees payment to the contractor,to Its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in accordance with Sections 94.4.406 and 94.4.408 of the Ordinance Code, 4, GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shall be free from defects In material or 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 964.6,'Acceptance,'of the Ordinance Code.Subdivider agrees to correct,repair,or replace,at Subdivider's expense,any defects in said Work. The guarantee period does not apply to road improvements for private roads that are not to be accepted Into the County road system, 5. PLANT ESTABLISHMENT WORK:Subdivider agrees to perform plant astablMmentwork for landscaping Installed underthis 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 an sure establishment of plants. Said plant establishment work 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.Subdivider 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 Subdivision. 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,Subdivider shall make whatever changes are necessary to apcomphsh the Work as'promised. _____ -____. u ___.. 7. NO WAIVER BY COUNTY. Inspection of the Work and/or materials,or approval of the Work andlor materials or statement by any officer,agent or employee of the County indicating thio Work or any pad thereof complies with the requirements of this Agreement or acceptance of the whole or any partof said Work andlor materials,or payments thefefor,or any combination or all of these acts,shall not relieve the Subdivider of Its obligation to fulfdl this Agreement as prescribed;nor shall the County be thereby 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 k demnitses from the liabilities as defined in this section: A. The indemnitees benefited and protected by this promise are the County and its special districts,elective and appointive boards,commissions,olrcem,agents and employees. B. The Ilaligties 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,claim or damage was unforeseeable at any time before County reviewed said Improvement plans or accepted the Work as complete,and Including the defense of any suit(s),act on(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 Subdivider,contractor,subcoribador,or any officer,agent,or employee of one or more of them. D. Non-Conditions.The promise and agreement In thissection am notconditioned or dependenton whether ornotany indemnitee has prepared,supplied,or approved any plan(s)or specifrcation(s)in connection with this Work or Subdivision,or has insurance or other indemnification covering any of these matters,or thatthe alleged damage resulted party from any negligent or willful misconduct of any indemnitee. 9. COSTS. Subdtvldershall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing utilities required thereby;inspections;material checks and tests;and other costs incurred by County staff arising from orrelated to the Work,and priorto acceptance of the Work as complete or expiration of any applicable warranty periods, whichever is later. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS. If Subdivider fags to complete the Work within the time specified in this Agreement,and subsequent extensions,orfails to maintain the Work,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 County(including,but not limited to,engineering,inspection,survays,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs incurred by County,even N 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 attDmey'a fees, staff costs and all other expenses of fitigation incurred by County in connection therewith,even If Subdivider subsequently proceeds to complete the Work. 12. INCORPORATIONIANNEXATION. 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,except as provided in this paragraph,County's rights under this Agreementandlorany deposit bond,orletter of credit securing said rights shall be transferred to the new or annexing city.Such&fly shall have all the rights of a third parry beneficiary against Subdivider,who shag fulfill all the terms of this Agreement as though Subdivider had contracted with the city originally.The provisions of paragraph 8(indemnity)shall continue to apply in favor of the indemnitees listed in paragraph B.A.upon any such incorporation or annexation. 13. RECORD MAP. In consideration hereof,County shag allow Subdivider to the and record the Final map or parcel map for said Subdivision. 14. RIGHTOFENTRY. Subdivider hereby consents to entry onto the Subdivision property,and onto any other property overwhlchSubdivider has land this and upon which any portion of the Work is to be installed pursuantto the Improvement plans,by County and its forces,including contractors,torthe purpose of inspection,and,in the event of non-performance of this Agreement by Subdivider,completion and/or maintenance of the Work, Forth Approved by County Counsel [Rev.9103) H:IFinaRPMLW-SubAgmL9.03.wpd Page 2 of 2 FIRST AMENDMENT TO OPERATING AGREEMENT FOR FIVE ASSOCIATES, LLC The Members of FIVE ASSOCIATES, LLC entered into an Operating Agreement as of April 30, 2007 by and between IRWIN L KU and BETTY D. KU(referred to individually as a "Member"and collectively as the"Members"). Pursuant to the terms of the Operating Agreement, Members unanimously agree to make the following amendments to the Operating Agreement effective as of June 1,2008 as follows: A. ARTICLE V: MANAGEMENT. Article 5.3 is added as follows: "5.3. The business of the Company as it relates to the conversion of the apartments to condominiums and the subdivision of the property in working with the County of Contra Costa and any regulatory agencies therefore shall be conducted by BETTY D. KU. BETTY D. KU may execute any document necessary to fulf 11 the purposes of the Company in relation to the conversion of the apartments to condominiums and the subdivision and any third party has the right to rely upon her signature as Manager. BETTY D. KU shall be authorized to sign contracts and obligations of the Company on behalf of the Company as it relates to the conversion of the apartments and subdivision thereof." IN WITNESS WHEREOF, the Members have executed or caused to be executed this Agreement on this 6th day of October,2008. "MEMBERS" BETTY D. KU, ; i The Managers hereby agree to the foregoing. "MANAGERS" BETTY D. KLA, IRWINJ,KU CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC State of California }ss. County of Contra Costa On October 6, 2008, before me, Stephanie R.Herrera,Notary Public,personally appeared BETTY D. KU, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. si"t" R MERRERA Cam-kfti N 1601096 NotmY fd3ec - Capw" cmw caro C=* Mycanrr►E�aotet/4n 21 VOID AFTER 12/31/2008 11/14/08 47.00 8940 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 P.O. Box 631 Russell V.Watts Martinez, California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor r' tea•-- >a'c-uK•. Date: 11/14/2008 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2008, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 8940 EL SOBRANTE 85002 Parcel #: 433-230-008-8 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 2008-2009 tax lien has been paid in full. Our estimate of the supplemental tax lien is $0.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, TreasurerWo for By: