HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-407 �r ..
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`1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 11, 2001 by the following vote:
AYES:
Supervisors Gioia, Gerber, DeSaulnier , Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.:2001/ 407_
SUBJECT: Approve the Parcel Map and Subdivision Agreement for Subdivision MS 51-90
being developed by Frank Wetzel and Mary Jane Wetzel, Brentwood area.
The following documents were presented for Board approval this date:
I. Map
The Parcel Map of Subdivision MS 51-90, property located in the Brentwood area,
said map having been certified by the proper officials;
II. Subdivision Agreement
A subdivision agreement with Frank E. Wetzel and Mary Jane Wetzel, 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:
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
G:\GrpData\EngSvc\BO\2001\BO9-11-01.doc Supervisors on the date shown.
CL:lap
Originator:Public Works(ES)
Contact: Rich Lierly(313-2348)
cc: Public Works-R.Bruno,Construction ATTESTED: September 11, 2001
Current Planning,Conummity Development JOHN SWEETEN, Clerk of the Board of Supervisors
-0z
Frank and Count Administrator
Frank Wetzel and Mary Jane Wetzel y
1375 Locust Street,Ste.221
Walnut Creek,CA 94596
By c.� , Deputy
RESOLI JTTON NO. 2001/ 407
,7
SUBJECT: Approve the Parcel Map and Subdivision Agreement for Subdivision MS 51-90
being developed by Frank Wetzel and Mary Jane Wetzel, Brentwood area.
DATE: September 11, 2001
PAGE 2
A. Cash Bond
Deposit amount: $1,000.00
Deposit made by: John F. Nohr
Tax ID Number: 566-56-2058
Auditor's Deposit Permit No. and Date: 371691/July 18, 2001
B. Surety Bond
Bond Company: Developers Surety and Indemnity Company
Bond Number and Date: 866679S/August 15, 2001
Performance Amount: $62,000.00
Labor &Materials Amount: $31,500.00
Principal: Mary Jane Wetzel and Frank Edward Wetzel
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 2000-2001 tax
lien has been paid in full and the 2000-2002 tax lien,which became a lien on the first
day of January 2001, is estimated to be $2,000.00, with security guaranteeing
payment of said tax lien as follows:
• Tax Surety
Cash Bond
Assessors Deposit Permit and Date: 371780/July 20, 2001
Amount: $2,000.00
Paid by: Mary Jane Wetzel
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 Parcel 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.
BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED.
All deposit permits are on file with the Public Works Department.
RRSO .i MON NO. 2001/ 407
subdivision: M.S. 5190
Bond No.: 866679S
Premium: $1, 860. 00
IMPROVEMENT SECURITY BOND
rOR SUBDMSioN AGREEMENT
(Performanoo, Guarantee, and Payment)
(California Government Code §§ 66499 -66499.10)
X, RECIT'ALOF SUBDIVISION ACREeMI:NT: The Principal has,executed an agreement with the County to
install and pay for street, drainage, and other improvements in Subdivision M.S. 5190 Deer Valley
Road , as specified in the Subdivision Agreement, and to complete said work within the time
specified for completion in the Subdivision Agreement, all 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-.OBLIGATION-.OBLIGATION-. p
Mary Jane Wetzel & Frank Edward Wetzel asPrinci al and
dopers Surety and In emnity Company a corporation organized existing
under the laws of the State of owa , and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors, and assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: Sixty Two Thousand and No/100 -- ($62, 000. 00
) for itself or any city assignee under the above County Subdivision
Agreement, plus
B, Payment; Thirty One Thousand, Five Hundred & No/100---- Dollars ($
$31,5 0 0 . 0 0 to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3, CONnITION•
A. The Condition of this obligation as to Section 2.(A)above is such that if the above bonded Principal,
his or its heirs, executors, administrators, 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 save harmless the County of Contra Costa (or 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there
shall be included costs and reasonable expenses and fees, including reasunablo attuniGy'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.
B. The condition of this obligation as to Section 2.(D) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors,laborers,material men and other persons nmployed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials famished or labor
thereon of any bind,or for amount.o,due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above 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 be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgement theruite rcildcru'd.
It is hereby expressly stipulawd turd agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15 (commencing with Section
3082)of Part 4 of Envision 3 of the Civil Code, so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by
the Principal and the County shall relieve any Surety from liability on this bond; and consent is
hereby given to make such alteration without further notice to or consent by Surety; and the Surety
hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without
regard to and independently of any action against Principal whenever taken.
SIGNED AND SEALER on August 15, 2001
Mar Jane Wetzel & Frank SUS,x�r: DEVELOPERS SURETY AND
PR)<NCTPAL: y
i w-ari et INDEMNITY COMPANY
Address_ /;''i�O �+1 {n7 0, J d-' Address: 3100 Oak
C_Dt��4J' Zi {, 94596
City: p: `1 /t7. t;ity: Wal Rd. t""rc_.P A Zip:
B;' /Name: __�Jjaines
Print Name: N 4,11 C- we'4ZX_ � P M. Christensen
Title: 6W Title: Attorney-in-Fact 1
M1 W
GAGrpData\EagsvclFomulBN WpMISN-12.doc
Rev.lune 17,1499
Addr�'rs
C,"7�,,y r�-�lir �c� G.-•� �,��'�� .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Contra Costa
l�
8/15/01 Marlena Waschkowsk Notar Public
On , before me, Y— y bli
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
I
personally appeared James M. Christensen
l; Name(s)of Signer(s)
❑ personally known to me
L4 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 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 u behalf of which the person(s)
i, � - MARLENA WASCHKOWSKY� Y on P P ( )
t, COMM.#1245798 acted, executed the instrument.
U NOTARY.PUBLIC-CALIFORNIA
3 CONTRAf,OS7AC0U"ItY n
F" My Comm.&pins Dn".24.2003 WIT SS my hand a d official seal.
I,
Place Notary Seal Above Signature of Notary Public
I, 1
OPTIONAL
L Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
i
Description of Attached Document
Title or Type of Document:
I
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: WIM
❑ Individuals
Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
I
❑ Other:
i
Signer Is Representing:
i
®1999 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
POWER OF ATTORNEY OF
DE.ELOPERS SURETY AND INDEMNITY COMi IY
West Bank Plaza Building, 1603 22nd Street,Suite 200 �
West Des Moines,IA 50266(515)267-9070 N" 0 3 9 0 71
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March,2002.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in blue ink.
4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY,do each severally,but not jointly,hereby make,constitute
and appoint
***James M. Christensen, Thomas H. Morris,jointly or severally*
the true and lawful Attorneys)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship
in an amount not exceeding Ten Million Dollars($10,000,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform
every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution
and revocation;and all of the acts of said Attorneys)-In-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY,effective as of September 24,1986:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Powers of
Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary
or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power
of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their
respective Secretaries this 3rd day of December,1999.
v.•AND �"'
DEVELOPERS SURETY AND INDEMNITY COMPANY
ATTEST g'yJQ.•SAP Oggr•,J!y.,
W : SEAL
1936 50.
By By o Iowa ,:��,ai
Harry Crowell Walter Crowell
President Secretary "......
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On December 3, 1999,before me,Caroline A.Hrycyk,personally appeared Harry Crowell and Walter Crowell,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 acknowledged 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.
CAROLINE A.HRYCYK
0 COMM.#1237813
Signature �! ° Notary Public - California
3 ORANGE COUNTY
My Comm.Expires OCT 12,2003
CERTIFICATE
The undersigned,as Senior Vice President of DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the foregoing and attached Power of Attorney
remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of
Attorney,are in force as of the date of this Certificate. I,,
This Certificate is executed in the City of Irvine,California,this 15 t`tiay of AL1guS t 2 001
,,,,..,,,,,n,,,
DEVELOPERS SU AND INDEMNITY COMPANY �0 AND /,y
SEAL
BY j:i• 1936 3c
�Va once iro 7d' � p ,.•a0;"o Vice President
Tax Collector's Office William J. Pollacek
625 Court Street Contra County Treasurer-Tax Collector
Finance Building, Room 100
P. O. Box 631 Joseph L.Martinez
Martinez,California 94553- Costa Assistant Tax Collector
0063
(925)646-4122 Comb/ Joslyn Mitchell
(925)646-4135 FAX `"// Tax Operations Supervisor
o
�'•co�- c�Qo
T'4 C-OK�
Date: 7/18/2001
IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR
COLLECTION (R&T 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.
90-51 BRENTWOOD 58013
Parcel#: 007-090-018-8
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 2000-2001 tax lien has been paid in full. Our estimate of the 2001-2002 tax lien, which
became a lien on the first day of January, 2001 is $2,000.00
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 ;, P . EK,
rea ure -Ta C ctor
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(For Cash Collection Procedures see County Administrator's Bulletin 105,)
FUND/ORG. ACCT TASK OPTION ACTIYITY AMOUNT
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FTEMPORnav FEGEiPT Na RATE BILL NUMBER CASH CHECK AMOUNT RECEIVED i
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CONTRA COSTA COUNTY TEMPORARY RECEIPT OFFICE OF TAX COLLECTOR t
1 ,
1
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THIS IS A TEMPORARY RECEIPT,RECORDING YOUR PAYMENT WITH THE CASHIER,IT IS NECESSARY FOR THE
CASHIER TO RETAIN YOUR INSTALLMENT CARD (S) UNTIL IT IS PROCESSED. IF THERE ARE ANY INQUIRIES, 1
PLEASE REFER TO THE DATE AND NUMBER SHOWN ABOVE. IF A PERMANENT RECEIPT IS DESIRED,SEND A
SELF ADDRESSED STAMPED ENVELOPE TO; I
CONTRA COSTA COUNTY TAX COLLECTOR 1
P.O. BOX 631 i
MARTINEZ, CA 94553
i
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EXPLANATION: 1 t
:S TOTAL
DEPOSIT
-..,,C `t.. � �.�7 f �� � Deposit consists of the folbv✓inci items
COIN and CURRENCY $
f � jll1J0 CHECKS,M.O„ETC
BANK DEPOSITS S
1f FOR AUDITOR-CONTROLLER USE ONLY
7� DEPOSIT
PERMIT C?P
NUMBER
DATE 371780ti�01
r
The amount of money described above is for ASSIGNED
de p 't into the County reosury Treasurer's receipt of above amount is approved Receipt of above amount is hereby
acknowledged
Signed
Title: l' Signed: /N'r 1 ,tom
J
"� EXT.
De ty otmty itar Deputy County Treasurer
D-34 REV.(7-43)
DISCLOSURE STATEMENT
TO WHOM IT MAY CONCERN:
SUBJECT: DESIGN REVIEW REQUIREMENTS SUBDIVISION MS 51-90
THE FOLLOWING OWNERS STATEMENT IS RECORDED CONCURRENTLY WITH THE
MINOR SUBDIVISION MAP TO RUN WITH DEEDS TO ASSESSORS PARCELS #
007-090-018 AND PARCELS A, B, C, AND D CREATED BY MS 51-90 IN
AN UNINCORPORATED AREA OF CONTRA COSTA COUNTY.
COMPLIANCE WITH THE FOLLOWING RESIDENTIAL DESIGN REQUIREMENTS,
SUBJECT TO REVIEW AND APPROVAL OF THE CONTRA COSTA COUNTY ZONING
ADMINISTRATOR IS REQUIRED WITHIN SUBDIVISION MS 51-90 BY
CONDITION OF APPROVAL NO, 7 :
A. RESIDENTIAL DESIGN SHALL NOT EXCEED 25 FEET FROM
NATURAL GRADE*;
B. IF BUILDING SITES SHALL BE LOCATED ON THE SOUTHERN
PORTION OF KNOLLS AND RIDGES, FLAT PAD HOME DESIGN
SHALL BE AVOIDED ( I .E. , EXTENSIVE GRADING TO CREATE
LARGE FLAT PADS SHALL NOT TO BE ALLOWED;
C. EXCAVATE BELOW GRADE AND PROVIDE BERMING ON THE
DOWNHILL SIDE TO REDUCE EFFECTIVE BULK;
D. EXTERIOR RESIDENTIAL COLORS SHALL BE LIMITED TO MEDIUM
TONE, EARTH—TONE COLORS;
E. PRIVATE DRIVES SHALL INCORPORATE THE USE OF RETAINING
WALLS AND CRIB WALLS TO REDUCE THE AMOUNT OF GRADING
NECESSARY AND THE SIZE OF CUT SLOPES;
F. USE OF LANDSCAPING TO SOFTEN THE EFFECT OF DEVELOPMENT
UPON THE NEIGHBORS AND DEER VALLEY ROAD (DESIGNATED
SCENIC RURAL—RECREATION ROUTE) ;
G. DROUGHT—RESISTANT TREES AND BUSHES PLUS NATURAL
VEGETATION SHALL BE USED IN CONFORMANCE WITH COUNTY
WATER CONSERVATION GUIDELINES.
THIS STATEMENT IS RECORDED AT THE REQUEST OF THE ORIGINAL OWNERS
OF LAND INCLUDED IN MS 51-90, AND TO FULFILL CONDITION 8 (EIGHT)
OF CONDITIONS OF APPROVAL FOR THE MINOR SUBDIVISION PER CONTRA
COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT.
FRANK E. WETZEL MARY JME WETZEL
ACKNOWLEDGEMENT:
CMAMP nV rAT,TVnRWTA
t _
(Single Form) NK E. WETZEE
Effective 1/1/91 ED TO ME ON
STATE OF CALIFORNIA ON(S) WHOSE
RUMENT AND
COUNTY OF SS._ --A E SAME IN
IS/HER/THEIR
On before M&I the undersigned,a Notary Public in and for said State, ENTITY UPON
personally appear
TRUMENT.
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 acknowledged to me that he/she/they executed the same in his/
her/their authorized capacity(ies), and that by his^rj/their signature(s) on the instrument the person(s), or the
entity upon behalf of c the erson(s)ac exe e instrument. STATE OF
upon my
of
WITNESS m a and ial seal.
0 Rosamond Johnsong
Signature Comm 4953264
NOTARY LIBLIC CAUMRNIAG)
CONTtiA
COSTA COUNTY 0
Y Comm.Expires Jan 20,1996"
Name
DISCLOSURE STATEMENT
TO WHOM IT MAY CONCERN:
SUBJECT: LAND PARCELS IN AN AGRICULTURAL AREA
THE FOLLOWING OWNERS STATEMENT IS RECORDED CONCURRENTLY WITH THE
MINOR SUBDIVISION MAP TO RUN WITH DEEDS TO ASSESSORS PARCELS #
007-090-018 , AND PARCELS A, B, C, AND D CREATED BY MS 51-90 IN
AN UNINCORPORATED AREA OF CONTRA COSTA COUNTY.
THIS DOCUMENT SHALL SERVE AS NOTIFICATION THAT YOU HAVE PURCHASED
LAND IN AN AGRICULTURAL AREA WHERE YOU MAY REGULARLY FIND FARM
EQUIPMENT USING LOCAL ROADS; FARM EQUIPMENT CAUSING DUST; CROP
DUSTING AND SPRAYING OCCURRING REGULARLY; BURNING ASSOCIATED WITH
AGRICULTURAL ACTIVITIES, NOISE ASSOCIATED WITH FARM EQUIPMENT AND
AERIAL CROP DUSTING AND CERTAIN ANIMALS AND FLIES MAY EXIST ON
SURROUNDING PROPERTIES. THIS STATEMENT IS, AGAIN, NOTIFICATION
THAT THIS IS PART OF THE AGRICULTURAL WAY OF LIFE IN EAST CONTRA
COSTA COUNTY AND YOU SHOULD BE FULLY AWARE OF THIS AT THE TIME OF
PURCHASE.
THIS STATEMENT IS RECORDED AT THE REQUEST OF THE ORIGINAL OWNERS
OF LAND INCLUDED IN MS 51-90, AND TO FULFILL CONDITION 12
(TWELVE) OF CONDITIONS OF APPROVAL FOR THE MINOR SUBDIVISION.
. .� 2
FRANK E. WETZEL MAR ANE WETZEL
ACKNOWLEDGEMENT:
STATE OF C
LIFORNI )
COUNTY OF �� )
ON �' / � J� /�JCf BEFORE ME,
PERSONALE APPEARED FRANK E. WETZEL
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
ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN
HIS/HER/THEIR AUTHORIZED CAPACITY( IES) , AND THAT BY HIS/HER/THEIR
SIGNATURES) ON THE INSTRUMENT THE PERSON(S) , OR THE ENTITY UPON
BEHALF OF WHICH THE PERSON(S) ACT , EXECUTED THE INSTRUMENT.
WITNESS M HAN AND OFFI IAL EA .
1
SIGNATUR {SEAL)
NOTARY PUB"I N AND F T E COUNTY OF CONTRA COSTA, STATE OF
(Single Form)
Effective I/1/91
STATE OF CALIFORNIA —1
Jt
COUNTY OF SS.
On � b f mea the undersigned,a Notary Public in and for said State,
personally appear 1 J
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 acknowledged to me that he/she/they executed the same in his/
her/their authorized capacity(ies), and that by his/ r/their signature(s) on the instrument the person(s), or the
entity upon behalf of c the erson(s)ac exe to instrument.
WITNESS my a d and f ial seal. U Rosamond Johnson
,n 2- Comm #953264
0
a® '�, NOTARY PUi3LIC CAltFORNIA"
Signature CON rRA COSTA COUNTY 0
J
My Comm.ExpvJan 20.1996
es
Name 'Arnav--) —
I}VTP/�/.T TAA}P
SUBDIVISION AGREEMENT
(Government Code S66462 and S66463) tt
Subdivision: P4,5 Subdivider: E
Effective Date: Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
j CONTRA COSTA COUNTY SUBDIVIDER
Maurice M.Shiu,Public Works Director
i
By: Q A
(Print name&title)
RECOMIAN413 FOR APPROV
By: 1(Signature) /
En ' eering Services Division (Print namc&title)
FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representative groups pursuant to
Corporations Code 5313.)
1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coun ",and the above-mentioned
Subdivider,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street
lights, fire hydrants, landscaping, 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 and in conformance with the Contra Costa County Ordinance
Code(including future amendments thereto).
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 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.
i
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code S66499,and the County
I Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $ 1,000.00 cash,plus additional security,in the amount of$ 62,000.00
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.
XX Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the 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 of$ 31,500.00 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
XX Acceptable corporate surety bond.
Acceptable irrevocable 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 the 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.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said 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 96-4.6,"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 ESTABLISHMENT WORK. 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 insure 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 accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent
or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any
part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the 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 from 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 indemnities benefitted and protected by this promise are the County, and its special district,elective and appointive boards,
commissions,officers,agents,and employees.
B. The liabilities 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 actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has
prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or 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. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities required
thereby.
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 any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS:If Subdivider fails to complete the work within the time specified in this Agreement,and subsequent
extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees
to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately
upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County
c proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider
subsequently completes the work.
V
'I Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider
N agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds
i to complete the work.
i 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory
I' 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,
1 bond,or letter of credit securing said rights shall be transferred 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(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision.
E RL*.mw:kw
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Rev.April 6,2000
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of V Y 1( OPTIONAL SECTION
County of LL'h-M(6 M
I CAPACITY CLAIMED BY SIGNER
On (� 0 ,before me, J- hJi&W V1 dall-I u V/ l Though statute does not require the
IWFE NAME,TITLE OF OFFICER E.G.,"JANE DOq,NOTARY PUBLIC" Notary to FII in the data below,doing so
personally pp /p�1I 1 `�a/n n / p \vl� _ p I may prove invaluable to persons relying
ersonall appeared `v V ��-l' IN /� \ on the document.
NAME(S)OF SIGNER(S)
❑ personally known to me-OR- rovided to me on the basis of satisfactory evidence to ❑ INDIVIDUAL
K/ be the person(s)whose name(s)is/are subscribed to the ❑ CORPORATE OFFICER(S)
within instrument and acknowledged to me that TITLE(S)
he/she/they executed the same in his/her/their authorized
J. MCKFORD capacity(ies),and that by his/her/their signature(s)on the ❑ PARTNER(S) ❑ LIMITED
instrument the person(s)or the entity upon behalf of
(�
ee COMM.# -CALIF 5 which the person(s)acted,executed the instrument. ❑ GENERAL NOTARY PUBLlCCALIFORNIA� ❑ ATTORNEY-IN-FACT
CONTRA COSTA TY COUNn VVI hand�eal, ❑ TRUSTEE(S)
COMMEXP.MAYO TY ❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGN T OF NOTARY
❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or SIGNER IERSONS)OR ENTITY(IES))
REPRESENTING:
(NAME OF PE
a resolution of its Board of Directors.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment 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 Costa County.
I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the
signature. The name must be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's
interest in the property must be stated.
III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing
to have the authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. (a)The Chair of the Board
(b)The President
(c)Any Vice-President
GROUP 2. (a)The Secretary
(b)An Assistant Secretary
(c)The Chief Financial Officer
(d)The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution
of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is
required. A currently valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution
of its Board of Directors."
RC�ALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of ` ea Ck.-r ,�� OPTIONAL SECTION
Cou:1A
6a 7-1 CAPACITY CLAIMED BY SIGNER
On before me, �_ c��l�( �'L1 , Y;�l"'t�/ e4611C Though statute does not require the
E ('"' '/ /1 �)NAME,TITLE OF OFFII E-R,E.G.,"JANE ,NOTARY PUBLIC- Notary to fill in the data below,doing so
personally appeared '(�royk `Z CJ UJ o lJ�Q�2 Q may prove invaluable to persons relying
p y PP NAME(S)OF SIGNER(S)
on the document.
❑ personally known to me-OR- provided to me on the basis of satisfactory evidence to ❑ INDIVIDUAL
be the person(s)whose name(s)is/are subscribed to the ❑ CORPORATE OFFICER(S)
within instrument and acknowledged to me that TITLE(S)
he/she/they executed the same in his/her/their authorized
j n KFORD l capacity(ies),and that by his/her/their signature(s)on the ❑ PARTNER(S) ❑ LIMITED
instrument the person(s)or the entity upon behalf of
LJ ' COMM.#122'1$25 which the person($)acted,executed the instrument. ❑ GENERAL
NOTARY PUBLIC•CALIFORNIA ❑ ATTORNEY-IN-FACT
CONTRA COSTA COUNTY Q WI SS m hand a d i seal, ❑ TRUSTEE(S)
oA COMM.EXP.MAY 27,2003 ❑ GUARDIAN/CONSERVATOR
❑ OTHER:
S1G OF NOTARY
❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or SIGNER IREPRESENTING-
a resolution of its Board of Directors. {NAME OF PEE RSONS)OR ENTITY(IES)}
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment 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 Costa County.
I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the
signature. The name must be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's
interest in the property must be stated.
III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing
to have the authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. (a)The Chair of the Board
(b)The President
(c)Any Vice-President
GROUP 2. (a)The Secretary
(b)An Assistant Secretary
(c)The Chief Financial Officer
(d)The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution
of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is
required. A currently valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution
of its Board of Directors."