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HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-169 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on April 8, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 97/169 SUBJECT: Approval Subdivision Agreement and Quitclaim Deed of Development Rights to Theodore and Liane Diaz and Authorize Board Chair to sign on behalf of the County for MS 32-90,Walnut Creek area. In late 1996 the County Counsels office reported that the bonding company securing the improvements for Minor Subdivision 32-90 was no longer acceptable. Therefore, on January 27, 1997,this board exonerated the subdivision agreement for Minor Subdivision 32-90 and accepted a Grant Deed of Development Rights to guaranty the construction of improvements. The developer has since been able to secure new acceptable bonding to secure the improvements for Minor Subdivision 32-90. The Public Works Director is therefore requesting that this board approve the new subdivision agreement(and surety) and Quitclaim the development rights back to the developer. The following documents were presented for Board approval this date: L Subdivision Agreement A Subdivision Agreement with Theodore and Liane Diaz, subdivider,whereby said subdivider agrees to complete all improvements as required in said Subdivision Agreement within one year from the date of said agreement. Accompanying said Subdivision Agreement is security guaranteeing completion of said improvements as follows: A. Cash Deposit Deposit amount: $1,000 Deposit made by: Theodore Jr. Diaz Auditors Deposit Permit No. and Date: 216047(November 6, 1992) B. Surety Bond Bond Company: American Contractors Indemnity Company Bond Number and Date: 33179(February 18, 1997) Performance Amount: $251100 Labor&Materials Amount: $13,050 Principal: Theodore and Liane Diaz 111. Quitclaim Deed A quitclaim deed in which Contra Costa County remise, release and quitclaim to Theodore and Liane Diaz the development rights for Parcel A of Minor Subdivision 32-90. CONTRA COSTA Co Recorder's Office STEPHEN L. WEIR, County Recorder DOC - 97-0059354-00 Thursday, APR. 10, 1997 10:35:25 FRE $0.00 Ttl Pd $0.00 Nbr-0000030748 lrc /R9 SUBJECT: Approval Subdivision Agreement and (wick Claim Deed ofDevelopment Rights to Theodore and Liana Diaz and Authorize Board Chair to sign on behalf of the County for MS 32-90,Walnut Creek area. DATE. April 8, 1997 PAGE -2- 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 the Board chair is AUTHORIZED to sign the Quitclaim Deed on behalf of the County. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said Subdivision Agreement is also APPROVED. RL=w s 004WAw.Public Waft(BS) r to* b a*w aw iCl IrIR air� centwt RiehLia1y(311,UU) ,orlon� s .n� .nr�r.ad� on 1*w< aiwr+bs of 1lNt � , a LNaeota nCC.ammaaisy i�kfft mv. "� a n az .Public Warks•X Brno.Caostreetien PHIL BATCHELOR.Work w t thu board Tboodom and Liam Diu tuporvlaors and Connty t..m3n1atratorr 1310 Tice Valley Blvd..Walmt C mdt.CA 94543 Am wxw Carrs bwieMMY C.,aasprsW 4841 Airport Blvd.,Sus. 141k Las Angeles,C.A 90045 Band No. 38179 Recorded at the request of: Theodore/L lane Diaz and PUBLIC WORKS After recording return to: Clerk of the Board 651 Pine St. , Room 106 Martinez, CA 94553 MS 32-90 QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Does hereby remise, release and forever quitclaim to Theodore Diaz and Liane Diaz, the following described real property in the unincorporated area of the County of Contra Costa, State of California, being all those rights as described in the Grant Deed of Development Rights recorded on January 27, 1997, Series #97-014185, Official Records of Contra Costa County. CONTRA COSTA COUNTY Dated April 81 1997 By Chair, Board of Supervisors STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA } on April 8, 1997 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County,personally appeared Supervisor Mark DeSaulnier who is personally known to me(or proved to me on the basis of satisfactory evidence) th be the person(s)whose name(s)Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the some In his/herAheir authorized capacity(les), and that by his/herAheir signatures)on the Instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the ksstrument. g r J Clerk RF:gPP 9:trealprop\97-31DE4Diaz.wpd March 17,1997 k SUBDIVISI©N AGR NT Pyvenllnent Code S66462 and 566463) Subdivision: _ ,r S .' rZ-� �i p Effective Date: 0_1_1 e, (951`7 Subdivider. k Law DIr4 - Completion Period: THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA QQSTA COUNTY S IRDIVII)FR J.Michael Wilford,Public Warks Director By: '"�. i�.w , tauter � RECONAZOM FOR APPROVAL r � By: xp.eoprz g oxs Division t +••u&) L\ FORM . Victor J.Westman,County Counsel (NOTE:All siputurn to be acknom4edpi if Subdivider is k=rpomtad,Sill. natures must codomtn with the dmi&rAld rtprapaative groups pursuant to Cor- porations Cade 5313.) 1. PARTt S&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County".and the above-mentioned SubdiLttid mutually promise and agree as follows consenting this subdivision: 2. DdPRO . Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street fights, fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as revieuaed and an fr7e with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). e Subdivide shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the Cali mnia Subdivision Map act(Governinent Code SS66410 and following),in a good workmanlike 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. SRO` EMENT Ut'-i=. Upon cwcuting this Agreement,the Subdivider shall,pursuant to Government Cade S66499,and the County Ordinance Gide,provide as security to the County: A F0rh&=ll=Ed QUElve: S 14DO4 , cash,plus additional security,in the amount of S_+��, �d+n WW one hundred percent(1004A)of the cost of the work. Such additional securi is which together ty presented in the form of: Cash,certified check or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable letter of"Wit. With die security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and woeptarice against any defective workmanship or materials or any unsatisfietory performance. B. Fer B11=01: Security in the amount of S !S`O• which is fifty percent(S0•/.)of the estimated cast of the work. Such security ins presented in the form of. Cash,oertifitid chock,or cashier's check _XL Acceptable corporate surety bond. Acceptable irrevocable letter of credit. i With this aeeanity,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or finishing labor or materials to them or to the Subdivider. C.Upon acceptknocotihowofk as complete by the Board of Supervisors and upon request of the Subdividers the amount securities maybe reduced in accordance with S944.406 and S94-4.d08 of the Ordinance Code. 4. aQJJANM AND WARRANTY OF WORK. Subdivider guarantees that said work WWI be free from defects in material or workmanship and shall perform satisfactorilyfar a period ofone(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6, "Anceptarsoo',of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,any defects in said work., The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. S. PLANT Subdivider agrees to perform establishment work for landscaping installed under thisent Said plant astablishnearitwtirk shad consist of adequately watering plants,replacutg unsuitable plants,doing weed,rodent and other pest control and other work determined lythe Public Works Department to be necessary to insure establishment of plants. Said plant establishment work drall be performed for a period of one(1) year from and after the Board of Supervisors accepts the work as complete. 6. DOROVEMM PLAN Subdivider warranter the improverrient 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 scoepts the work as complete or ging the one year guarantee period,raid improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes aro necessary to accomplish the work as promised. 7. NO WANT R Y COUNTY. Inspection of the work and/or materials,or aeproval of work and/or materials or statement by any officer,agent or smpioyee ofthe County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of wid workand/or materials,or payments,therefor,or any combinstion or all of these sets,shall not relieve the Subdivider of his obligation to fulfill this agreement w prescribed;nor stall the County be thereby be atopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions terrines. 8. : Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indomnifics benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officers,agents,and employees. B. The liabiliti 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 the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceedings)concerning said liabilities and claims. C. The a_JjM MLT.&sg li are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee ofone or more of them; D. 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 coruwction with this work or subdivision,or has insurances or other indemnification covering any of these matters,or that the alleged damage resulted partdyy form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections theroof and relocating existing utilities required thereby. 10. SMVEYS Subdivider shall act and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON'-PEIZFORMAN E AND COS22:If Subdivider fins to complete the work within the time specified in this Agreesment,and subsequent or We to maintain the wurk,the County may proceed to complete and/or main',ain the work by contract or oflim wire,and Subdivider agrees to psy all costs and c incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds 10 complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costa incurred by the County,even if Subdivider ssubsequeently completes the work. Should County am to compel pe rfotmenee under this Agreement or to recover coats incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of itigation incurred by County in connection therewith,even if Subdivider subsequently-proceeds to i complete the work. 12. REMMA . If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory w a city or in annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or defter of credit securing said rights Z11 be harnfined to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County stall allow Subdivider to file and record the Final Map or Panel Map for said Subdivision. T r tds�t : FROM BLIP I NT PHONE N0. 0 Feb. 04 1997 02:47PM P2 • Subdivision MS 32.90 Bond No. 3317§ IMPROVEMENT SECURITY $QNI? Premium: $753.00/18t year FOR I}t3IVI , QNrR LT $377.00 thereafter (Perfo nuance, Guarantee and P nt) {Calif. Govermmnt Code. S96649999,101 ' 1. RECITAL OF _SSt601VISION ABREEbiEIiT. The Prtnelpal his executed an agreement with the County to`Ins�"an'Tpi"dor s ree , I na e, and other improvements in Subdivision MS 32-90 as Specified in the Subdivision Agreement, and to complete said Qr wjUM the tiffs : ecified for completion in the Subdivision A reement, ail 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. Theodore Diaz Lnd Liane Di z , as Principal, and Arn ri Co_ntracors Indemnitmpanv . a corporation orga6lZtd exISting UAW a 1AWS Or e Rgte Or • and authorized to transact surety business in California, as Surety, ere y TaInt ly- and severally bind ourselves, our hairs, executors, *administrators, successors, and assipnf to the County of Contra Costa, California, to y pait: CA. Performance L Guaranteel ply Five Thousand One Hundred and N01100—___..___---------------Collars lir'Mel? or ay tilyeassi :bdivis onAgreementp us (ree i Payment) Thirteen Aousand Fifty and Ido/100_____________ __________________.. -_-______- a ars "___ --- o`secv e the claims to N c s ra erence made in Title XV (Commencing with ec on 30621 of part 4 of Division IIS of the Civil Code of the State or California. 3. tONDITICN. This obligation is subJect to the condition set forth on the reverse side. here""o?"7—`"' SIGHED AND SEALED on February 18, 1997 Prineigal: Theodore' Diaz and Liane Diaz Surety. American Contractors Indemnity Company Address: 2310 Ticeyal1UY Blvd. Addressi 9841 Airport Blvd. STF 1414 Lafayette CA Aip 9 9 Los gales , OA z 90045 Print Name: IZ�.� J£�j rant N Nancy L. Wallis Tale: [�/JJ\(��j/� Tit1j: Attorney—in—Fact .r+ .. r+ aatra*airs*�t*�r,r�rr�rrtw+tvr+t*w*ft#*A+tart�r�*'a'+r*�r�rar�tr*#tr*t4+klrwrtrr•irrr��tk+tirtwlr*rr��+tttaa A*1r�RYtw iR*rr� FROM BLUEPRINT PrDAE NO. : 0 Feb, 04 1997 02:47PM P3 : 7 Feb GG >97 11 2S No .002 P .02 NJ T .�� 3. CONDMON. A. The Condition Of this obligation as to Section ?. (A) above is such that if the above bounded principal, his or its heirs, executors, administrator$, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or. Its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and rave hamlets the County of Contra Costa =pr city assignee?, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any Judgement rendered. 8. The condition of this obligation as to Section 2. (8) above is such that said Principal and the undersi�Pied as Corporate surety are held firmly bound .unto the County of Contra Costa and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code' for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the Saone in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, to he awarded and fixed by the court, and to be taxed as costs and to be included in the Judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all 'persons,, coapanies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of part 4 of Oivision 3 of the Civil Cade, so as to give a right: of action to tham or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation stall become null and void, otherwise it shall be and remain in full force and effect. C. No altoration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County steal l rel ieve any Surety from 1 isbi I i ty on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code 12819, and holds itself bound without regard to and independently of any action against Principal whenever taken. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT v ' 1 f State of —California County of Sonoma On _February 18, 1997 beforeme,Pame_la D. Puskarich, Notary Public, lira► Nrmr ala r"of offim(&0..we ON,No"ftolo1i personally appeared Nancy- L. Wallis L Nrmrly of 2personaily known to me–OR–Cl 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.acknowledged to me that holsheAhey executed the 1t same in hWher/their authorized capacity(les),and that by his/her/their signature(s)on the instrument the person(s), PAMELA D.PUSKARICN or the entity upon behalf of which the person(s) acted, X, •- COMM.#1087703 executed the instrument. �. NOTARY ratKl X-ty'AUFORNiA SONNACOMW WITNESS my hand and official seal. % i My Comm.Evim Aug.3.1400 ,Y 3v all"of NO"INeorc a OP771ONAL • rhough uta lntomwdw,below is not mgLdmd by law.It nwy PICYO valfuble[o persamI; rfNy/ng wa the abcemanr and could pnwnt 't; trauduWt nvrtovat end reauaChnurnt of."lbrm to enouter dfiomWnt ; Description of Attached Document • • Subdivision Bond No. 33379, 2 pages, POA 1 Mage • Title or Type of Document: a Notary 1 page V ' Document Date: February 18_, 1997 Number of Pages: 24 total �t Signer(s) Other Than Named Above: e Ca0Ieity(les) Claimed by Signer(s)' Signerts Name: Nancy L. Wallis. Signer's Name: 0.1niixidual _ :3 individual Corporate Officer :3Ccr"rate Officer Tltla(s): TM*(s)- 7-3 Partner--[3 UrnM O'General _ Partner—fl Urnited Q General I Attorney4n-Fla 3 AttorMy-lh-Fact. • Trustee -I Trustee :3–Guairdian or Conservator ` Guardian or Conservator Z Other': • TCp,ot thumb We _!iOther Top othumb Suer Is Representing: Signer Is Representing: ACIC 0 11194 Nrlpai Nofry AraooYarn•lZ7i I�IMrknN Ara..#.o.bra t isa•Canq�r PWk CA#13W7te. l+60.Nr.tJeD7 11ao�dr+Car lbasraa t iD0 geie77 AMERICAN CONTRACTORS INDEMN11Y COMPANY Los Anples,California r POWER OPATPORNEY KNOW ALL MEN BY THESE PRESENTS: Thet AMERICAN CONTRACTORS INDEMNITY COMPANY. a California Corporation(the Conspany"),and having its principal office in Los Angelos.California docs Iscreby consUtute and appoint+ µ Nancy L. Wallis of Santa Rosa, California . as.its true and lawful Atio�rney(0in-tact.in amount of ti,.L,,2,t'1p,,0,(Itt..Onto execute.scat and deliver for and on its behalf as "surety.any and all bonds and undertakings,recognizancess,contracts of indemnity and other writings obligatory In than nature tiicrrof.which,are or may be allowed.required or permitted by law,statute.rubs,repletion.contract or*Qwrwise.and the execution of such instrurnent(O in pursuance of these presents. shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY. as hilly and ampty. to all Intents and purposes. as it Use same had been duty executod asid acknowledged by.Its regularly elected offiears at its prindpal office, This l'w~of Attorney is oxocuted,and may be certlflad to and may be r*voked.pursuant to and by authority of resolutions adopted by ties Board of Directory,cif AMERICAN CONTRAC.`17ORS INDEMNITY COMPAVY...at a rno+sting aalhtd and hold on PO Lisa 6th day of December.1990. RESOLVED that the Chief Executive Officer.Ps wW*nt or any Viae President. Executive Vico President.Secretary or Assistant Secretary.shelf have power and authority. . 1. To appoint AttornWa)4n-Iod and fo oullsesrI thsarn to easseutet as behalf of the Company.and attach the Seal of the Cocnpow tlse=trx,bonds and undcstaking s.contracts of inch inity and other writings chAIptory in Use nature th croof and. L To remove.at any time.any such Attorney-in-fact and revoke Use authority,givesn. RESOLVED FUR`f`IIER, that the signature of such officers and iia seat of the Company may be affixed to any such power of attorney or any certificate relating therto by facsimile:.and any such power of attorney or certificate beaAng such facsimile signatures or facsmile seal shell be valid and binding upon the Company and any such power so executed and cerUllod by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking Cc whic#.s it is attached. M • IN WITNESS WIIEREOF,AMERICAN CONTRACTORS INDEMNITY COMPANY has couse+d this instrument to be signed and Its% porate seal to be affixed by its authorized officer this 1 day of March V/. AMERICA ,1, f` 'It,tl:`tY3RSINDEMNITYCOMPANY Dy, I.1t.l!!1 ; Skipper G. Ba aster, tai#dent STATE OFCALIFORNIA COUNTY OF IAS ANGELES On March 1, 1996 batore mee. Deborah Reese .personalty appeared Skipper G. Baungartels 15rsonalty known to We-OR C3 proved to me on the basis of satisfactory evidence to be the person(s)whose name(:)is/are subscribed to tlse within Iiistrument and acknowledged to me that he/she/they executed the same,in his/her/their authorized cnisocity(ios).and that by his/her/their signatura(s)on the instrument ilia porson(s), or the entity upon behalf of which ilia parson(s)acted.exemiterd the instrument. W11"41M y Iasui arch officdaf Mal. tnolrory trtYbic-�t;,oMforrsio :: tO1t ANOKU COUNTY C;:tlt"t`hIrICAMON9 Mir C.ann4,fs,Tsiras.tM ib.1FAWW 90q! r I.Ilse undarsigviod officer of Ali RHICAN CONTRACfM`JRS tNDE4NITY COMPANY do hereby certify that I have comparted the foragning copy of tit*power of Attorney and affidavit.and the copy of the resolution adopted by the hoard of.Directors of said Corntsany as sent fortis its sxict flower of Attomay.with:the ORIGINALS ON FILE IN 71 IE HOME OFFICE Of SAID COMPANY. stir! Iirnt suss»e:are correct Irr,nscripts thereof and of the whole of tine sold originals. and that the said-Power of Attorney has :tort kwo revokud arta is slow its full force and effect. At ssistan `r` Sita Jolie S S g