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Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-114 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March S,2002,by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/114 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 143-90, being developed by Todd Fujinaga, Walnut Creep area(District III). The following documents were presented for Board approval this date: I. Map The parcel map of Subdivision MS 143-90, property located in the Walnut Creek area,Supervisorial District Ell,said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Todd Fujinaga, principal, whereby said principal 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: T 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. Originator:Public Works(ES) Contact: Rich Lierly(313-2348) ATTESTED: March 05 , '2002 G:1GrpData\EngSvclBO\2002\3-5-02\MS 143-90 BO-21.doc RL_lad JOHN SWEE'T'EN,Clerk of the Board of Supervisors and cc: Public Works-R.Bruno,Construction Current Planning,Corna u dty Development County Administrator T—1-5-03 "Codd Fujinaga DBA Arbol Via Owners 158 E.Jackson Street San Jose,CA 95112 By ,Deputy RESOLUTION NO.2002/ 114 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 143- 90,being developed by Todd Fujinaga, Walnut Creek area(District III). DATE: March 5, 2002 PAGE 2 Cash Bond Performance amount: $35,600.00 Auditor's Deposit Permit No. 381602 Date: February 13, 2002 Submitted by: Todd Fujinaga, DBA Arbol Via Owners Tax ID Number: 560-82-7195 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 2001-2002 tax lien has been paid in full and the 2002-2003 tax lien,which became a lien on the first day of January 2002,is estimated to be 8,800.00,with security guaranteeing payment of said tax lien as follows: • Tax Surety Assessors Deposit Permit Number: 381729 Date: February 15, 2002 Amount: $8,800.00 Submitted by: Todd Fujinaga 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 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. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION 2002/114 SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: _tq,5-9D__ Principal: 4b ' API Effective Date: . r Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director By: (Signature) (Print name&title) RECOMMENDED FO L By: (signature) girvices Division (Print name&title)f 1W FORM APPR D: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called" oun "and the above-mentioned Prince,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal 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). Principal 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(Goverment Code§§66410 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. IMPItOVBMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Goverment Code §66499 and the County Ordinance Code,provide as security to the County. A For Performance and Guarantee: $ 135, 600 cash,plus additional security,in the amount:$ -joes which together total one hundred percent(100%)of the estima ed 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,Principal 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: Security in the amount:$Ze which is fifty percent(50%)of the estimated cost ofthe work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4, GUARANTEE AND WARRANTY OF WORK. Principal 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. Principal agrees to correct,repair,or replace,at Principal's 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. PST ANT ESTABLISHMENT WORK. Principal agfees 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. IMpROVFMENT PLAN WARRAN'T'Y. Principal 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,Principal shall make whatever changes necessary to the plans 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 Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. I 8. IMEMNI'TY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section.- A. "Ile indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilitigs 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,propertydamage,inverse condemnation,or anycombination ofthese and regardless ofwhether 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),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liabiliri are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,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: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SURVEYS. Principal 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-PERFORMANCEAN COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County, even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporatedas a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,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 Principal,who shall fulfill all the tetras of this agreement as though Principal 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 Principal to file and record the final map or parcel map for said subdivision. RL:]D:W o uPD9&\En0YtT u c wORMAC-30.doc Rev. October 25,2;061 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I" State of California I ' County of WtA I ` On , before me, �- Date Name and Title Ricer(e.g.,'Jan6toe,Notary Public") ) personally appeared _ 7lJ�r�( hc►/r ales NameO of Slgneft impersonally known to me ❑ proved to me on the basis of satisfactory evidence i to be the personA whose name( is/cg subscribed to the within instrument and CAROL TAKASUCGi acknowledged to me that he/stmltbft executed Commis*m0i 1266414 � the same in his/htw/thAir authorized No;cry Public-Caffamiacapacity( ), and that by his /00r MY Clam°" /tom signature(#) on the instrument the person(a), or ' the entity upon behalf of which the person( acted, executed the instrument. i WITNESS my hand and official seal. ) Place Notary Seal Above Signifture of Notary Public I• l ' OPTIONAL I Though the information below is not required by law, it may prove valuable to persons relying on the document t and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: r Document Date: Number of Pages: I Signer(s) tither Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual I Top of thumb here Corporate Officer 6-Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney in Pact ❑ Trustee ❑ Guardian or Conservator ' ❑ Other: i I i Signer Is Representing: �I i 0 1999 National Notary Association•9350 Do Soto Me.,P.O.Box 2402•Chatsworth,CA 913732602•www.naHonatwtary.org Prod.No.6907 tisorder.Call Toll-Free 1.800.870-8827 •' DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER {C)rgardxoticnj P - � (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION) FUNDJORG ACC. TASK OPTION ACTIVITY AMOUNT i ed ey d c JcS:57 i .J/rC�� C-=,� '/r' J"" �� r � .:,G' ,e,!�°,5 J`' `:fir.':�ei E" s`�-'�tJ.>C�c r'�Y..�/►�:, zr. 1 1 i t CIA? .21311<3. — r' '= s— ra r�' r,� s"r' 6 Hca t ci°cr i r c► i i i i i i i i i i EXPL AUATION: TOTAL $ •e .. DEPOSIT Deposit consists of the following iters COIN and CURRENCY S CHECKS,M.O.,ETC SANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER 301602 F•813'02 DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby Ck�ta f L EXT .5_;x x '1z Signed:. Signed: c ty itor ty County Treasurer D-UREV 7-93 T•5°' csc/ 7�+t. r° `,�+ - r'�- �C 0 =e 42 Tax Collector's office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.o.Box 631Joseph L.Martinez Martinez,California 94683- Costa Assistant Tax Collector 0063 (928)646-4122 County Joslyn Mitchell (925)646-4135 FAX l Tax operations Supervisor Date: 2/15/2002 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2808) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 90-143 WALNUT CREEK 79028 Parcel#: 140-150002-8 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 2001-2002 tax lien has been paid in full. Our estimate of the 20012-2003 tax lien, which became a lien on the first day of January, 2002 is $8,800.00 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 303 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. VVI IA J. O - Tre sur r- le or By. 0 COUNTY OF CONTRA COSTA DEPOSIT PERMIT A OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA 1ECINE1 FROM i �. ,•+ <.. � ORGANIZATION NUMBER (12 J ti (For Cash Collection Procedures see County Administrator's Bulletin 105) DESCRIPTION FUND/ORG ACCT TASK OPTION ACTIVITY AMOUNT $ # # } 1 # € { 1 # 1 € € # € € # # € # k € 1 I . # 1 € LANATON. ,°"� TOTAL XPI "Pty DEPOSITSC:`� Iti_ Deposit consists of the following items LL4,C t = CONN and CURRENCY $ CHECKS,MQ ETC $ : ' L. 1 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY f (7> DEPOSIT PERMIT D F ` 1 � I NUMBERpr} 1 q k DATE a: .1= ... :. ASSIGNED he amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby de}So"t into the s�w ty ry acknowledged ;grw ,r .., 7.=`" Date i t Signed. ,� itlet EXT. De t Con� '`.. �fw4 County Treasure 4 REV.(7-93) J