HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-522 Cl)
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 14, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEM, DESAULNIER, COCLAMILLA AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 2000/522
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7641,
Knightsen area.
The following documents were presented for Board approval this date:
I. Map
The Final Map of Subdivision 7641,property located in the Knightsen area, said map
having been certified by the proper officials;
II. Subdivision Agreement
A subdivision agreement with Jonathan A. Dutra and Barbara P. Dutra,subdividers,
whereby said subdividers agree 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 Bond
Deposit amount: 63,000.00
Labor and Materials amount: $31,500.00
Deposit made by: Jonathan A. Dutra
Tax ID Number: 556-86-6557
Auditor's Deposit Permit No. and Date: 355718, September 6,2000
RESOLUTION NO. : 2000/522
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SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7641,
Knightsen area
DATE: November 14, 2000
PAGE -2-
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 1999-2000 tax
lien has been paid in full and the 2000-2001 tax lien,which became a lien on the first
day of January 2000, is estimated to be 10,800.00, with security guaranteeing
payment of said tax lien as follows:
• Tac Surety
Assessors Deposit Permit Number and Date: 354827,August 17,2000
Amount: $10,800.00
Paid by/Principal: Jonathan A. Dutra
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.
I hereby certify that this is a true and correct copy of an
GrpData\EngSvc\B0\20W\Temp\SUB 7641.doc action taken and entered on the minutes of the Board of
Mlap Supervisors on the date shown.
Originator:Public works(ES)
Contact: Rich Lierly(313-2345)
cc: Public Works,P-Bruno,Construction NOVEMBER 14, 2000
Current Planning,Community Development ATTESTED:
T
3onathan A.Dutra PHIL BATCHELOR, Clerk of the Board of Supervisors
20746 Sevilla Lane and County Administrator
Saratoga,CA 95070
By ,Deputy
Resolution No. : 2000{522
I
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08/31100 THU 16:11 FAX 925 313 2333 CCC PUBLIC WORKS Q002
SUBDIVISION AGREEMENT
(Government Code 566462 and 566463)
Subdivision. _ 7L 11 t Subdivider: Tr.cIL, A.
Effective Date. l j"C 4 " �L� C'ompletion Period: 1 year
THESE SIGNATURES ATTEST TO"i'FlE PAR'T'IES'AGREEMENT HERETO.
CON'TIZA CoSTACOL>t+iTY rt►B W1b17R
�/Lry
Maurice M.Shiu,Public Works Director
By:
RE MEN PPROVAL
By: rgtp,.a„�t ex)
in ices Division tr,;.c arm oft d�}rt/,q,r
FORMAP . Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.N Subdivider is incorporated,
signsomw Host conform with the designated repnmstttive groups pursuant to
Corporations Code 5313.)
1. PARTIES dt 15ATE Effective on the above date,the County of Contra Costa,California,hereinafter called" and
the above-mentioned
rS3ibdividM mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain mad improvements(both public and private),drainage improvements,signs,street
lights, Sr+e hydrants, landscaping, and such outer improvements(including appurtenant equipment) as required in the improvement plans for this
subdivision as reviewed and on file wit}t the Contra Costa County Public Works Departnient and in conformance with the Contra Costa County Ordinance
Code(including future amendments therew).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as
required by the California Subdivision Map act(Government Code SS66410 and following),in a good workmanlike manner,in accordance with spccepted
construction practices and in a manner equal or superior to tate requirements of the County Ordinance Code and tidings trade thereunder,and where there
is a conflict between the improvement plans and the County Ordinance Code,the stricter requirvrnents shall govern.
3. 2aZQYM=Ordinance Code,provide as security to tdta SEC pan oatecuting this Agreement,the Subdivider shall,pursuant to Government Cade 566499,and the County
County.
A. For Perfamanee and rammum; S ,()00— cash,phis additional security,in the amount of S Q Qee-,
which together total one hundred percent(1000/.)of the estimated cat of the work. Such additional security is presented in thiF form of
Cub,certified chock or cashiers chem
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With oris security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion
and acceptance agamn any defective workmanslup or materials or any unsatisfactory performance.
B. Forte; Security in the amount of S 3 i,SCab ,_... .which is fifty percent(5(°9.)of the estimated cost of the wait.
Such purity is presented in the form oil
Cash,certified chock.or cashier's check
Acceptable corporate surety bond.
Acceptable irrevoemble letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing
labor or materials to them or to time Subdivider.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,
the amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
08/31/00 THU 16:12 Fos 928 31.3 2333 GCC PUBLIC WORKS
Q003
4. QUARt` ME AND WARRANTY OF MLM. Subdivider guarantees that said work shall be free from defects in material or r+votitmanship
Mi shall perform satisfactorily for a period of one(l)year from and after the Board of Supervisors accepts the work as complete in accordance with
Article%-4.6,"Acceptance,"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.
5.
PLANT El`STABL SHMENT WORD. Subdivider 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 insurer establishment of plants. Said plant establishment work Shall be performed
for a period of one(1)year from and after the Hoard of Supervisors accepts the work as complete.
6. IMPROYEMENT PLANWARRsM. 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 accomplish the work as promised.
T. NO W,AMER by COL>N1'"�'. Inspection of the work and/or materials,or approval of work andlor 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 time acts,shall not relieve the Subdivider of his obligation to fulfill
this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising"in the-failure to comply with
any of the terms and conditions hereof:
8. INDEMNITY, Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The inderrmitiSj benefitted and protected by this promise we the County,and its special district,elective and appointive boards,
commissions,officers,agents,and employees.
B. The liabil111gi1 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 proceeding(s)concerning said liabilities and claims.
C. The acti2ylg causing liability are any act or omission(negligent or non-negligent)in connection with the smatters covered by this
Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Ngn&MdjtigUA: The promise and agmmoexat in this section we not conditioned or dependent on whether or not any indemnitee has
prepared,supplied,or approved any plan(s)or specification(s)in comaection with this work or subdivision,or has insurance or other indemnification
covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COM Subdivider shall pay when dare,all the costs of the work,including inspections thereof and relocating existing utilities required
thereby.
10. S,LMMS. Subdivider shall set and establish survey monummus in accordance with the Sled map and to tete satisfaction of the County Road
Coamtr uionea-Survesyor before acceptance of any work as complete by tate Board of Supervisers.
II. N0N-PEEC1itM®N AND COSTS:If Subdivider flails 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 rnaimain die work by contract or otherwise.nand Subdivider agrees
to pay all costs and charges incurred by the County(iuclu&&but not limited to: esangionearin&inspection,surveys,contract,overheard,eta:.)immediately
upon demand.
Subdivider hereby consents to entry on the Subdivision 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 tam by County to complete or maintain the work,Subdivider agtma to pay all csom incurred by the County,even if Subdivider
subsequently completer the work
Should County sure to compel perfaffrunco under this Agreement or to recover costs incurred in completing or madrtzutia mo the wont,Subdivider
agrees to pay all attorney's fees,and all other expenses of litigation insured by County in connection therewith,even if Subdivider Subsequently proceeds
to complete the work.
12. f JQQRPOR,AT QN//AMMCAMN. If,before the Board of Supervisors accepts the work as complete,the subdivision is intloded out os"Mwry
incorporated as a city or is annexed to an existing city,except as provided in this paragraph,the County's rights under this agreement and/or any deposit,
bond,or letter of credit securing said rights shall be transfermd 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. The provisions of
paragraph 8(lndemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. BTCC3R2 MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision.
o uu�c�r WOM"O woaMAo.anra as
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08/31/00 `I'Btl 16:12 FAX 925 313 2333 CCC PUBLIC WORKS Q004
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of `&-, OPTIONAL UCI'ION
County of 7 / CAlACrry CL C M D BV SIGNER
On ,0 before me, f Tit�lJr' Lt t�, Though statute docs not require the Notary to nu
T Ml FtCiRE. ,'JA T Peutur is the data bdow,doingso may y prove Invaluable
personally d to persons retytitg ea the document.
NAAWS)OF SIGNER(S) 0.... 0 INDIVIDUAL
❑ personally known to me-OR provided to me on the basis of satisiutory evidence to L 3 0 CORPORATEOFFICER(S)
be the ptxswh�aa))whose narMA)is/IM WEI(s)
E'same
bacribed too! within instrument and
MARYANN£ DtS�lENlCI nowled*ed to me that he/shelth�ey�executedC pARC7JBR(S) 0 [.tMfCIrL►V., n *;• e . hisAherJttheir authority ❑ GENERAL
N e a ry Put•i t•C a:"C—a Pity les,neat tai by wsJtter it 0 ATTORNEY-IN-FACT
`!
SAN7A CLARA CCUN-Y s on the instrument the perahhg{�)or
—� esti behalf of which the pas 0 TRUSTEE(S)
My Comm.ss cn Exp ran ted,executed the instrument. °qk d GUARDIAN/CONSERVATOR
JUNE 7 20 02 t7 OTHER:
ESS my"bloand off ` I 1. - SIGNER IS REPRESlgN MG:
(NAAis or PUBOR(S)Ott srrtrry(tNS))
TLARX OF WTAILY
0 acknowledged to me that such corporation executed the wi in imstrumcnt pwarwant to its Board
of Directors.
OPTIONAL SECTION
THIS CiRTffiCATE MUST BE ATTACHED 'title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
"Though the adjacent data is not requited by law,it may prove valuable Date of Document
to parsons relying on the document rand could prevent fraudulent Signers)Other Than Named Above
tc attac ment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costs County.
I• FOR ALL SjQA&n= -The name and interest of the signer should be typed or printed B the signature. The name
must be Signed exact y as it is typed or printed.
II. SIONAIM§FOR MnlIDUALS-Ile name must be signed exactly as it is printed or typed. The signer's interest in the.
property must be stn
M. au onty to sign rSlQN4n=FOR an parinPARTNI eraSSipn�party must be either a general parttitse or be authorized in writing to have the
IV. SjGNATIJB'.ES FOR Q
Documents should be signed y two officen,one from each of the following two groups:
GROUP l. ((a}The Chair of the Board
(b)The President -
(c Any Vice-President
GROUP 2. a The Secretary
b An Assistant Secretary
c The Chief Financial Mcer
The Assistant Tresstaer
If sipstiures of officers from each of the above two groups do not appear on the instrument,a certified c elution of the Board
of Directors authorizing the person siIning the instrument to execute instruments of the type is gt %n mired. A currently valid
power of attorney,notarized,,will suffice. Cs,
((��
Notarization of only one corporate signature or signature&from only one group,most is iru thuefo}� ifirase• +
"...and acknowledged to me ihat such corporation executed the within.imstnimEnt pursuant to its-Iter- ws or a� of its Board of
Directors."
ot
ttw,t.ws'r tn.taoo �+ �LS
Tax Collector's Office William J.Pollacek
625 Court Street Contra County Treasurer-Tax Collector
Finance Bieilding,Room 100
P.0.Box 631 /� Joseph L.Martinez
Martinez,California 94553- Costa Assistant Tax Collector
o063
(925)646-4122 County Joslyn Mitchell
(925)646-4135 FAX "7 Tax Operations Supervisor
Date: 8117/2000
IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR
COLLECTION (RBST CODE 2608) THIS LETTER IS VOID.
This will certify that I have examined the map of the proposed subdivision entitled:
Tract/MS# City T.R.A.
7641 KNIGHTSEN 72002
Parcel#; 01"90-001-7
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 1999-2000 tax lien has been paid in full. Our estimate of the 2000-2001 tax lien, which
became a lien on the first day of January, 2000 is s1o,800.00
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
The amount calculated is void 30 days from the date of this letter.
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.
WILL M J. POLLACEK,
Tre u er ai0colle, or
By: