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Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-591 O of I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 1,2002 by the following vote: AYES: SUPERVISORS 1JILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 591 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for PA 0001 (cross-reference SUB 7976), East Branch Park being developed by Windemere BLC Land Company, LLC, A California Limited Liability Company, San Ramon (Dougherty Valley) area. (District IQ) The following document was presented for Board approval this date for PA 0001, East Branch Park, located in the San Raman(Dougherty Valley) area. A Subdivision Agreement (bight of Way Landscaping) with Windemere BLC Land Company, LLC, A California Limited Liability Company, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $13,903.00 Deposit made by: Windemere BLC Land Company, LLC, A California Limited Liability Company Auditor's Deposit Permit No. and Date: 391754,August 21,2002 WL.cw I hereby certify that this is a true and correct copy of an action G.,WApbata\Engsvc1Bo12002\10-01-021PA 0001 Bo-16.doc taken and entered on the minutes of the Board of Supervisors on Originator: Public Works(ES) the date shown. Contact: Warren Lai(313-2408) M. Public Works- T.Bell,Construction ATTESTED:_' OCTOBER (1 x-, Current Planning,Community Development JOHN SWEETEN,Clerk of the Board-vf Supervisors and County T-June 2003 Administrator BLC Land Company,LLC 3130 Crow Canyon Pl,#310 San Ramon,CA 94383 Attn:Brian Olin St.Paul Fire and Marine Insurance Company By ,Deputy 333 City Blvd.,West#1100 Change,CA 92868 Attn:Patricia H.Brebner RESOLUTION NO.200215 91 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for PA 0001 (cross-reference SUB 7976), East Branch Park being developed by Windemere BLC Land Company, LLC, A California Limited Liability Company, San Ramon (Dougherty Valley) area. (District III) DATE: October 1, 2002 PAGE 2 II. Surety Bond Bond Company: St. Paul Fire and Marine Insurance Company Bond Number and Date: ST 2225,August 14, 2002 Performance Amount: $1,376,397.00 Labor&Materials Amount: $695,150.00 Principal: Windemere BLC Land Company, LLC, A California Limited Liability Company NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/591 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code 466462 and §66463) t L Subdivision: PA 0001 (X-RgEF SUB 79761 Effective Date: Subdivider: Windemere BLC Land Co.LLC Completion Period: 1 year wINDEMERE BLC LAND COMPANY LLC, A California limited liability Company THESE SIGNATURES ATTEST TO THE PARTIES"AGREEMENT HERETO: By:LEN-alas windemere,LLC, A Delaware limited liability company CO3ITRA COSTA COUNTY SUBDIVIDER: Managing Member BY:Lennar Homes of California,Inc., Managing Member Maurice M.Shiu, Public Works Director - By ' t —---- (signature) r (print name&Titlef Dan LItAn.Vice President RECOMMENDED FOR APPROVAL: By; {signature) fit e L n Joohi Asst. Engineering Services Di on (printSecretary 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§313.) 1. PARTIES 8"DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coon and the abovsa-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 fights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the lmpmv- ement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and In conformance with tme 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 herecFf as required by the California Subdivision Map act(Government Code§§66410 and following),In a good workmanlike manner,In accor:jance 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. IMPROVEMENT SECUR_I_TY_. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the C3unty Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $13,903 cash,plus additional security,in the amount of$1,376,397,which together total r ne 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. X 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 compi4tion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$685,150,which is fifty percent(50%)of the estimated cost of the work. Such secur#y. 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,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 securitiew,may be reduced in accordance with§94-4.406 and§944.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workman»hip and shall perform satisfactorily for a period of one-year from and after the Hoard of Supervisors accepts the work as complete in accord Ance 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. system. he guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road '>' 5. €SLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping Installed under this agreeme.it. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other peel;control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishfientwork shall be performed for a period of one-year from and after the.Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping Improvements by the County. 6. €UPROVEMENT 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 Supervise rs accepts the work as complete or during the one-year guarantee period,said Improvement plans prove to be inadequate in any respect,'Eubdivider shall make whatever changes are necessary to accomplish the work as promised. 7. t 1 WAIVER BY COUNTY. inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, went or employee of the County Indicating the work or any part thereof compiles 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. NDEMNITY: Subdivider shall hold harmless and Indemnify the indemnitees from the liabilities as defined in this section: J%. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents,and employees. The li bid lines 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, anr3 regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improverm.ant pians or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said Ilabllitles and claims. C. The actions causing liability are any actor 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; U. Non-Conditlons: The promise and agreement In this section are not conditioned or dependent on whether or not any Indernnite€�has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has Insurance or other in.emnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Inder€pity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including Inspections thereof and relocating existing utilities required V,ereby. 10. iJR. VEYS. 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. i ON-PgRFORMANCE AND COSTS:If Subdivider fails to complete the work within the time specified In this Agreement, and subsequerit 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,o?ntract,overhead,etc.)immediately upon demand. :ibdivider 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. Qn. ce 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. 54 .ouid County sue to compel performance under this Agreement or to recover costs Incurred in completing or maintaining the work,Subc.1vider agrees to pay all attorney's fees,and all other expenses of litigation Incurred by County in connection therewith,even if Subdivider: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 Incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit se,uring said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against SufAlvider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. R! MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivisiol. G.. DataTjW4vcT0misuG MRD1AG-30A.doc Rev.May 18.Z.?11