HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-403 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 20, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAUINIER AND GLOVER
NOES: NODE
ABSENT": NONE
ABSTAIN: NONE
RESOLUTION NO. 20 41 403
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 92-07713,
being developed by Affinity Land and Construction Company,Inc.,Bay Point area.
(District V)
The following documents were presented for Board approval this date:
I. Map
The Final map of Subdivision 92-07713, property located in the Baypoint area,
Supervisorial District V, said map having been certified by the proper officials.
II. Subdivision Agreement
A subdivision agreement with Affinity Land and Construction Company, Inc.,
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:
I 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: Frank Navarro(313-2264) ATTESTED: JULY' 20, 2004
G:1GtpDatu\FngSve1B012004\07-20-041SD 7713 Btu-2l.doe
KD:rm JOHN SWEETEN,Clerk of the Board of Supervisors and
ee: Public Works—r.Bell,Construction
-K Dahl,Engineering Services County Administrator
Current Planning,Cornmunity Development
T—May 20,2005
Affinity Land&Construction Company,Inc.
P.O. eekBy ____� r m Deputy
Walnutut Creek,,CA 94598
Atm:Michael Affmito
American Contractors Indemnity Company
9841 Airport Blvd.,9"Floor
Los Angeles,CA 90045
Atte:Keith Sandrock Sr.
RESOLUTION NO.2004/ 403
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 92-07713,
being developed by Affinity Land and Construction Company,Inc.,Bay Point area.
(District V)
DATE: July 20, 2004
PAGE: 2
A. Cash Bond
Performance amount: $2,596.00
Auditor's Deposit Permit No. 427284 Date: June 30, 2004
Submitted by: Affinity Land and Construction Company,Inc.
Tax ID Number: 68-0120323
B. Surety Bond
Bond Company: American Contractors Indemnity Company
Bond Number: 222082 Date: June 23, 2004
Performance Amount: $257,004.00
Labor&Materials Amount: $129,800.00
Principal: Affinity Land and Construction Company, Inc.
Iil. 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 2003-2004 tax
lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first
day of January 2004, is estimated to be $5,800.00, with security guaranteeing
payment of said tax lien as follows:
• Tax Surety
Auditor's Deposit Permit: 426590 Date: June 21, 2004
Cash Amount: $5,800.00
Principal: Affinity Land and Construction Company, Inc.
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 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.
3. That said subdivision agreement is also APPROVED.
All deposit permits are on file with the Public Works:Department.
RESOLUTION NO. 2004/403
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SUBDIVISION AGREEMENT
^� (Gov,Code,§ 66462 and 66463)
f
Subdivision, 713 Efiactl++e Datrr` 1
Subdivider. Completion Pentad:
THESE SIGNATURES ATTE TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SU DIVIDER
Maurice M,ShIu,P tic Warks Di�
E `
6y: ' Print erne +; n f Q
RECOMMENDED P OVAL: PrintTitie
By: Print Neme 70
n9 ng ery ces s n Prfnf Titles c
FORM APPROVE Siivano B.MarchedNT
,County Counsel E:All signatures must be acitnowledgelff Subdivider is Incorporated,the contract
must be signed by two often,The first signature must be that of the chairman of the
board,president or vie-president the send signature must be that of the secretary,
assiatant secretary,grief financial officer,or assistant tressurer.(CIV.Code,§1194 and
Corps.Code,§313.)
CERTIFICATE OF ACKNOWLEDGMENT
State of California
as.
county of COOT-hlWA-b\ )
On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for 1C Gc — f 1 personally
known to me(or proved to me on the basis of satisfactory evidence)to be"person(s)whose nan*s)!stare subscribed to the within Instrument and acknowledged to me that helshelfhey
executed the some in hisfharfttreir authorized capacity(les),and that by hiatherlthefr signatures)on the Instrument the person(s),or the entity upon behalf of which the person(s)acted,
executed the instrument
WITNESS my hand and offbial east;.�1
Bated: � '� ,aoc t
NotalgUblIc
MAY MUNAR
(Notary Seat) Cot #t 42MW
WCOMNTRA
PU6ir1m COSI CC3LENtY
1. PARTIES&DATE Effectirre
(herainafter'CounW)andthe above-mentioned Subdividermutually 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 pans for this Subdivision as reviewed and on file with the Contra Costs County Public Works
DepaRmerd,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto
(hereinafter"Ordinance Cods').
Subdlvidershafi oompieta said Improvements(herainatter"Work")wfthin the above completion period from date hereof,as required by the California Subdivision Map Act(Gov,
Code,§§66410 at seq.)in a good workmanlike manner,in accordance with accepted construction pradlicee and In a manner equal or superior to the requirements of the Ordinance Code
and rulings made thereunder;and where t here is a conflict among the improvement planus,the Conditions of Approval and the Ordinance Code,the stricter raquiremerds shall govem.
3. EMPROff&E_N_TS S6.CURITY,Upon executing this Agreement the Subdivider shall.pursuant to Gov.Code§W499 and the County Ordinance Code,provide as security to
the County:
A. For Ps m&noe and G ntee:$ cash,plus additional securfly,it the amount of$ ,� Yr C1D which together total one hundred
percent(100%)of the estimated cast of the Work, Such additional security is presented in the form of,
Cash,certified check or cashists check.
Acceptable corporate surety bond.
Acceptable Irrevocable latter of credit
With this security,Subdivkderguarantees performance under this Agreementand maintenance ofthe Work foroneyearafterits completion and acceptanceagainstany defective
workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount:$ /)L!/SOD`100,which Is fifty psment(50%)of the estimated cost of the Work.Such security is presented in the
form of;
Cash,cartifled check,or cashier's check
Acceptable corporate surety bond. Form Approved by County Counsel
Acceptable Irrevocable letter of credit (Rev.91031
Page 1 of 2
With this security,Subdivider guarantees payment to the contractor,to its 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 Subdivider,the amounts half as security,may be reduced In accordance with
Sections 944,406 and 944.408 of fps Ordinance Code.
4. GUARA¢f I EE AND WARRANTY OF WORK. Subdivider guarantees that the Work shad be free from defects In material orworkmanshlp and shall perform sat3slactortly for a
period of ora(t)year from and after the Board of Sup rvfsorrs accepts the work as complete In accordance with Article 96.4.6,"Accaptanoe,'of the Ordinance Code. Subdivider agrees to
correct,repair,or replace,at Subdivider's expense,any defects In said Work.
The guarantee period does not soy to road Improvements for private roads that are not to be accepted Into the County road system.
5. PLANT ESTAI3j. HMENTWORK.Subdivider agrees to perform piantestablishmentworkfor landscaping Installed under ffusAgreement Said plant establishment work shag
consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and of herwcxk determined by the Public Works Department to be necessary
to an sure establishment of plants. Said plant establishment work shall be perforated 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 In provemen't
plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accompdsh the Work as promised.
7. NO WAMF(BY COLI TY. Inspection of the Work ardor materials,or approval of the Work and/or materia 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 andlormat'edals,or payments therefor,or any
combination or sd of these ads,shall not relieve the Subdivfdgr of Its obligation to fu1M this Agreement as prescribed;nor shaft the County be thereby stoped from bringing any action for
damages arising from the failure to comply with any of the terms and oondRk:ms hereof.
8. INDEMNITY, Subdivider shag derfand,hold harmless and Indemnify the Indemnitees from the liabilities as defined In this section.
A. The bndemnifaes benefitted and protected by this promise are the County and its special districts,elective and appointive boards,commissions,officers,agents and
employees.
B, The IlablLikg protected against ars any lfabllity or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and
including personal injury,death,property damage,mucosa condemnation,or any combination of tease,and regardlassof whether or not such ilablit y,claim or damage was unforeseeable
at any time before County reviewed said Improvement pians or accepted the Work as complete,and including the defense of any sums),action(s),or other proceeding(s)concerning said
liabilities and claims.
C, The pons c Mft dabditv are any act or omission(negligent or non-negiigent)In connection with the matters covered by this Agreement and attributable to
Subdivider,contractor,subcontractor,or ary ofTrcer,agent,or employee of one or more of them.
D, Non-C;onn ltiom The promise andagmementInthissectlonamnotconditionedordepemdentonwheMarornotanyindemniteehasprepared,supplied,orapproved
any plan(s)orspacffkadon(s)In connection with this Work orSubdivislon,or has Insurance orother indemnification cohering any of these rnafters,orthst the alleged damage resulted party
from any negligent or willful misconduct of any indemnitee.
9. COSTS.SubdlvkW shall pay,when due,all the costs of the Work,Including but not limited to the costs of reloc erlors of existing utilities required thereby;Inspections;materfai
checks and tests;and other costa incurred by County staff arising from or related to the Work,and prior toacceptance ofthe Work as complete or expiration of any applicable warranty periods,
whichever is tater.
10. SURVEYS, Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Survayor before
acceptance of the Work as complete by the Board of Supervisors.
11. NON-PERFORM.ANCE AND COSTS. If Subdivider faits to complete the Work within the time specified In this Agreement and subsequent extensions,or falls to maintain the
Work,County may proceed to compfate ardor malhtaln the Work by contract or otherwise and Subdivider agmas to pay ad costs and charges incurred by County(including,but not limited
to,engineering,inspection,surveys,contract,overhead,etc.)bnvnedlstety upon demand.
Once action is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs Incurred by County,even If Subdivider subsequently complain the Work
Should County sue to compel performance underthis Agmementorto recovercosts Incurred In completing or maintaining the Work,Subdivider agmen to pay all attorney's fees,
staff costs and all other expenses of dtlgaton limmad by County in connection therewith,even If Subdivider sulaaequenttr proceeds to complete the Work
12. INCORPORATIONlANNEXATION. If,before the Board of Supervisors am*the Work as ocmplats,the Subdivision is Included Interzftory khcorporated as a city oris 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 shad have all the rfgttia of a third party beneficiary against Subdivider,who shall fulfill all the tamps of this Agreement as though Subdivider had contracted with
the city originally,The provisions of paragraph 8(Indemnity)shad continue to apply In favor of the Indemnitess dated In paragraph 8.A,upon any such Incorporation or annexation.
13, RECORD MAH In oonskdaratfon hereof,County shad allow Subdivider to file and record fie final map or parcel resp for sold Subdivision,
14. RIGHT OF ENTRY.Subdivider hereby consents to entry onto the Subdivision property,and onto any other property overwhkith Subdivider has land rights and upon which any
portion of the Work is to be installed pursuant to the Improvement plans,by County and Its forces,Including contractors,for the purpose of inspection,and,In ire event of non-performance
of this Agreement by Subdivider,completion and/or maintenance of the Work.
Form Approved by County Counsel
H:iFinafiPWtLWSubAgrtt.9.03.wpd (Rev,9/031
Page 2 of 2
DEPOSIT PERM �
OFFICE OF COUNTY AUDITOR-CONTROLLER
TFC TREASURER MART Z,CALIFORNIA �v
ECEM FROM
ORGANIZATION NUMBER
tai
' r
(For Cady CaGedion Procadurst see,County Adminhr tor's Buletin 105.)
DESCRrIlON /ORC. ACCTTASK OPTIC! ACT'PAT`t AMOUt+t1
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—/I I I I I , t tef I t I I I I I I I I I I I
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IL- IJ A/ 1 I its I :r�-�Let-.71 L J�j L L 610-7 rl
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SCJ #
PLANATlOt,t TOTAL r f
1 t , ✓ '`' '.' _ �, %'i % ` �„ ' DEPOSIT
Det consists of the Wowing items
COIN arnd CURRENCY
, CHECKS,Ma,ETC.
"• BANK DEPOSITS $
RX AUDITOR-CONTROLLER USE MY1/L- '� '1. ! ' ' ,.' / DEPOSIT
DP—
PEWT
NUMM
DATE 427284 30 7
ASSrOAD
The amount of money described above is for Treasunar's receipt of above amount is awed. Receipt of above amount is hereby
deposit into the County Treasury. k d
Ti:� 7r { JV EXT `f`¢ Deputy County Audifor wed — tY County Tn rrar
e-3.t REV.(7-931", M
, i
L.tJ471V11 V� ♦.�.nlhra•.,•r ++ . .....
DEPOSIT PERMIT s
OFFICE OF COUNTY AEIL}ITOR-CONTROLLER
IE TREASURER: MARTINEZ,CALIFORNIA
VED FROM
ORGANIZATION NUMBER
ter
( o,
(For Cash C&*ction Procedures me County Administrator's Bufletin 105.)
DESCRIPTION FUND/ORG Sm TASK OPTION ACWITY AMOUW
ACCs
Fee, 0
� t ,
tl
r- 414
J; t j
i
I
-� t �`f '` 7 i``';�� ✓. ' is
. t
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t
'LANATION: TOTAL $
DEPOSIT
Deposit cots of the fallowing items
COIN cid CURRENCY $
CHECKS,MQ,ETC. S
BANK DEPOSITS $
FOR AUDITCttE-CCINTROI LER U NLY
DEPOSIT D r- I
PERMIT
NUMBER
DATE `CO 1 CY7
ASSIGNED
amount of money described above is for Treasurerts receipt of abrnro amount is approved Receipt of above amount is hereby
deposit into the County Treasury ockno+°led
Date
Shy*
: Signed:
EXT��-7: `°�' d Deputy Canty AWitor Deputf County Treasurer
REV.(743) .-,�4q r nl�•
0682-9752 / 819200: 61138915, $2,775.00, Parker Ave. Undergrounding.
John Bessolo, PO Bax 186, Rodeo, CA 94572
0682-9752 / 819200: 61138924, $2,500.00, Parker Ave. Undergrounding,
Graciett G. Serpa, 568 Buena Vista Dr., Pinole, CA 92564
0682-9752 / 819200: 61138925, $400.00, Parker Ave. Undergrounding,
Demartile, 550 San Pablo Ave, Rodeo, CA 94572
819800-0800. 61138918, $18,900.00, Sub 8684, Cash Bond, Shapell
Industries, 100 N. Milpitas Blvd., Milpitas, CA 95035
819800-0800: 61138923, $2,596.00, 51) 92 7713, Cash Bond, Affinity land
& Construction, Inc. PO Box 3378, Walnut Creek, CA 94598
0649-9665 / 831000: 61138918, $88.400.00, Sub 8684, Inspection Fee
Deposit, 5hapell Industries, 100 N. Milpitas Blvd., Milpitas, CA 35035
0649-9665 / 831000: 61138919, $1.400.00, F C Permit 623-04, Cash
Deposit, Chevron Pipe Line Company, PO Box 9034, Concord, CA 94524
0649-9665 / 831000: 61138921, $1.400.00, F C Permit 623-04, Cash
Deposit, Metro PCS, 929 Spring Water St., banville, CA 94506
0649-9665 / 831000: 61138923, Affinity Land & Construction, Inc. PO Box
3378, Walnut Creek, CA 94598
$1,000.00, Sb 92 7713, Processing Deposit
$15,182.00, SD 92 7713, Inspection Deposit
Subdivision: TRACT 7713
Bond No.: 222082
PRIKIUM: $ 12,850-00
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance,Guarantee and Payment)
(California Government Code §§ 66499 v 66499.10)
1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and other improvements in
Subdivision TRACT 7 713 ,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 a final map or parcel map for said
subdivision.
2. OBLIGATION. AFFINITY LAID & COJJSTRUCTIQNCo. ► INr as principal and
AMERICAN CONTRACTORS INDEMNITY COMPANY , a corporation organized and
existing under the laws of the State of CALIFORNIA 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 as follows:
A. Performance and Guarantee: nM HlnmgFn FIFTY SEVENTHOIiB No POTI't&QQ/100
Dollars ($ *** 257,004.00 *********** ) for Contra Costa County or any city assignee under
the above County Subdivision Agreement.
B. Payment. ONE HUNDRED TWENT Dollars
($** 129,,800.0 *******_** ** _)to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division IIT of the Civil Code of the State of
California.
3. CONDITION:
A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal,
or principal's heirs, executors,administrators, successors or assigns, shad 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 it 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 reasonable costs,expenses and fees, including reasonable attorney's fees, incurred
by the County of Contra Costa.(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.B.) 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 employed in the performance
of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials
furnished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect
to such work or labor and that said surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact
amount thereof, reasonable costs, expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa (or city assignee) in successfully enforcing such obligation, to be
awarded and fixed by the court,all 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,companies and corporations entitled to file claims under Title 15 (commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to thern or their assigns
in any suit brought upon this bond.
Should the work under conditions 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 of Contra Costa(or city assignee)shall relieve the surety from liability
on this bond;and consent is hereby given to make such alteration without f'eher notice to or consent
by the suety;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 the principal whenever
taken.
SIGNED ANIS SEALED on JUNE 23RD 2004
P'RINC'IPAL:AFFINITY LAND & CONSTRUCTION. INC. SURETY: AMERICAN CONTRACTORS INDEMNITY COMPANY
Address: PO BOX 3378 Address: 9841 AIRPORT BLVD. , 9TH FLOOR
City: WALYJT CREEK_ Zip: 94598 City: Lbs ANGELES Z' .
By: fB
Print Name. , i Z print Name: KEITH SMRQCy,, JR*
Title: Title: Attorney-in-Fact
Mm w:lap
C:1Dc--&and SOWn9S*ASr+G&U-ocai 3att Wa TemMWY snterM Fi1*5\OLK4SN-22.doc
Rev.April 22,2404
American Contractors Indemnity Company
9841 Airport Blvd.,9th Floor,Los Angeles,California 90045 05-4087
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California,a California corporation does hereby appoint,
Keith Sandrock,Jr.,or Aimme M.Schlosser of Pleasanton, CA
Its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an
Amount not to exceed$ ***S2,500,000.00 DoollarS*** • This Power of Attorney shall expire without further action on
September 27,2005.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day
of December, 1990.
"RESOLVED that the Chief Executive Officer, President or any rice President, Executive Vice President, Secretary or Assistant Secretary, shall have
the power and authority
1. To appoint Attorneys)-in-Fact and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove, at any time,any such Attorney-in-fact and revoke the authority given.
RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate
relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the
Company in the future with respect to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its
President on the I st day of September,2000.
�����►CT0,fS 0 AMERICAN CONTRACTORS INDEMNITY COMPANY
sin 26,im a
0
By:
Andy T.Faust,Jr.,Corporate President
STATE OF CALIFORNIA §
COUNTY OF LOS ANGELES §
On this 1 st day of September,2000 before me,Norma J.Virgilio, a notary public,personally appeared Andy T.Faust,Jr.,Corporate
President of American Contractors Indemnity Company,to me personally known to be the individual and officer described herein,and
acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office.
NORMA J,VIRM0
WITNESS my hand and official seal Commimion#t3
Notary puwic•Caiifornia y;
r&ax(d. - Loa lingshn County
Norma J. Virgilio,N-otarf M1yCorrrn.P+01aa Sw V.=
I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of
Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof
and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS HEREOF,I have hereunto set my hand this 91 day of T11NE ,200 4
Bond No. 8
d
Agency No. #9005 JAMES H.FERGUSONVCorporate Secretary
rev.POA04/20/0)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF AI,AMEDA )
On 6/23/2004 ---- before me, ZULMA NAVARRO, NOTARY pU-BLZC
DATE NAME,TITLE OF OFFICER—E.G... "JANE DOE,NOTARY PUBLIC"
t
personally appeared, KEITH SANDROCK, JR»
personally known to me(axpum to be the
person(l)whose name(l) is/M subscribed to the within instrument and acknowledged to me
that he/jftdkqX executed the same in his/Nmdadx authorized capacityW), and that by
his/X signature(l)on the instrument the person(x), or the entity upon behalf of which
the person(J)acted, executed the instrument.
WITNESS my hand and official seal.
---'-� t�i.hAAIAVAARRQ
�• � COMM.#1407710
e.
llG�� NOTARY PUBLIC-CAUFORNIA C
(SEAL) � ALAMEDA COUNTY C)
NOTARY P FSLIC '3GNATURF. COMM.EXP.MARCH 2B,9M7•+
t
v
,i
OPTIONAL INFORMATION
THIS OPTIONAL INrOANiAPON SECTION 25 NOT REQUIM)BY LAW BL'T MAY BE B@NEFICIAL I'U PERSONS RELYING ON THOS NOTARt."+.ED DOCUMENT. .�
TITLE OR TYPE OF DOCUMENT t
DATE OF DOCUMENT NUMBER OF PAGES
1
,1
SIGNER(S)OTHER THAN NAMED ABOVE
a
SIGNER'S NAME KEITH. SANDROCK, JR. SIGNER'S NAME
ATTORNEY—IN— "ACT
i
%JGHT'I}iUMBPRINT RI,QFiT T14UM3PR^
1
law= N 1
State of California )
S&
County of Contra Costa )
On July 7,2004 before me, J.Martin,Notary Public personally appeared Michael J.Affinito
personally]mown 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.
�- J. MARTIN
/ 0 COMM.#1438939
l OTARY PUBLIC-CALIFORNIA
r CONTRA COSTA COUNTY C)
SIGNATURE -- COMM.EXP.SEPT. 12,2007�
F
619104 PLACER $42 7713
Tax Collector's Office William J.Pollacek
625 Court Street Contra County Treasurer-Tax Colrector
Finance Building, Room 100
P.0. Box 631 `' Russell V.Watts
Martinez,California 34553- Costa Chief Deputy Treasurer-Tax Collector
0063
(825)646-4122 County Joslyn Mitchell
(925)646-4135 FAX Tax Operations Supervisor
Jr
Date: 6/9/2004
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.
7713 BAY POINT 79024
Parcel#: 098-230-0114-7
and have determined from the official tax records that there are no unpaid County taxes heretofore
levied on the property included in the reap.
The 2003-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which
became a lien on the first day of January, 2004 is $5,800.00
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 "id 45 days from the date of this letter, unless this letter
is accompanied with security approved by the Contra Costa County Tax Collector'
Subdivision band must be presented to the County Tax Collector for review and approval of
adeguacv of security prior to filing with the Clerk of the Board of Supervisors.
WILLIAM J. POLLACEK,
Treas r ax of ctor
By:
JUN-21-2004 ICN 04.45 Ply PLACER TITT F FAIRFIFLD FAX NO, 0 P. 02/02
06/21/2004 12:30 00 PAGE 02
County of Contra Costa
Deposit Permit
Office of County Auditor-Controller
Martinez, Callfornla
To the Treasurer,
Received From
MCAAUM 16A.COLLE9195 Organization Number Dols
Sarflsncn7
BURT U Q
MaittineL Ca.__9d663
{Ret C.rrh Dalladton Pr�th+nt+Ca+r Ceunty Admirtirtretdr's Butlmti�1CB,�
i3aat:rC `an
Fund/Om Sub Awt Tack Amount
SUBDIVISION TAX GUARANTEE 910300 0800
I VI �IIV I EQ IR90 6Y G�1N?R zah9i
w �. ,
Deposit $ ,8{St}.t3i3
Surer? SIONTAX QUAPANTLE TRACT!Mir ':�: ;:� y°�t�' t kconst"ofthe!roRowinallorm
use-to O EaI Xes 2004-2005w COIN snd OU"GNCY !
MlCHARL AFFINITO CHECKS,K0,ata, S".1;',;-,,' i4 QLff
C/O AFFMTY LMt) BANK DEPOSITS $
2667 CASANDRA COURT FOR AUDITOR-CONTROL.OR use CNlY
WALNUT CREEK CAM 94696 DFPOsrr PERMIT NUMBER AND DATE AS$IQNED:
926.943-0223
DP# 420&90
DAA 20-119
Tho amount of money deaortned above is for Deposit into TreasuYet's receipt of aboV4 Amount is Ftegip4 of ebwo rmeurl is.herat+y xwwawkde d.
the tits Traacu+y. f �pprwgd.
J+�ns 21,;W04 �������
Sip Dtt#q
1A
Jt41ii Oti1{ JIT 7b42 pl�r ad' — 3(gROd:
�tld IVt91t7N 7AXSPECIA tai pe ca Audibar D 7rms er
.�4 ov.(W01)JAC
HU MAI TN COMPANY INC.
k;1021
BROWN AVE. LAFAYETTE, CA 94549
PH (925)283-5000 FAX (925)283---3578
April 12,2004
Sob#03093
ENGINEER'S COST ESTIMATE
.For Banding Purposes
RE: Tract 77.13
Bay point, CA
ITEM DESCRIPTION QUANTITY UNIT PRICE COST
INTERIOR STREET(Drive D.
1. Finish Grading 20,935 sf 0.30 6,280.50
2. 0.67' Aggregate Base 15,060 sf 2.88 43,372.80
(assumed)
3. 0.25' Asphalt Concrete 13,120 sf 2.83 37,129.60
(assumed)
4. Type"S1-6"Curb 847 if 24.00 20,328.00
5. Sawcut Ex.Pavement 200 If 1.22 244.00
6. PCC Sidewalk 3,382 sf 4.50 15,219.00
Sub Total 122,57390
MISCELLANEOUS.
7. Handicap Ramps
R g 30' 2 ea. 2,500.00 5,000.00
8. Street Signs w/pule 9 ea. 500.00 4,500.00
9. Street Monuments 2 ea. 1,000.00 2,000.00
10. Street Lights S,SI 2 ea. 7,500.00 15,000.00
A
NR�'`''4 +1y Sub Total 26,500.00
NO.2952E3
EXP.0m1 07
CNL
OF
HUMANN COMPANY INC.__
ENGINEERING — SURVEYING
1021 BROWN AVE. LAFAYETTE, CA 94549
PH (925)283-5000 FAX (925)283-3578
ITEM DESCRIPTION QUANTITY UNIT PRICE COST
ST(1"DP,41N.
11. Type I Manhole 1 ea. 2,400.00 2,400.00
12. Type "A"Inlet 2 ea. 1,700.00 3,400.00
13. Type"A"Inlet! 1 ea. 2,700.00 2,700.00
Type I MH Base
14. Type"C"Inlet 1 I ea. 2,800.00 2,800.00
Type I MH Base
15. Non-Std. SD Inlet 4 ea. 1,000.00 4,000.00
16. Curb Drain 8 ea. 40.00 320.00
17. Storm Drain Pipe:
12"SD 302 If 46.00 13,892.00
18" Sly 395 If 69.00 27,255.00
18"SD(in ex.Pavement) 289 If 104.40 30,171.60
Sub Total 86,938.60
Grand Total 236.012.50
Contingency LS 10% 23,601.25
Estimate Total 259,613.75
tC� ES-8
NA
NO.29528 x;
EXR W1.07
C I&
C
2
1 � ENGINEERING — St;TRVEYING
1(721 BHtJWN AVE. LAFAYETTE, CA 9'4549
PH (925)283-5000 FAX (925)283--3578
April 12,2004
Jab#03093
ENGINEER'S COST ESTIMATE
For Bonding Purposes
RE: Tract 7713
Bay point, CA
ITEM DESCRIPTION UANTITY UNIT PRICE COST
INTERIOR STREET(Drive 1"}:
1. Finish Grading 20,935 sf 0.30 6,280.50
2. 0.67' Aggregate Base 15,060 sf 2.88 43,372.80
(assumed)
3. 0.25' Asphalt Concrete 13,120 sf 2.83 37,129.60
(assumed)
4. Type"S1-6"Curb 847 if 24.00 20,328.00
5. Sawcut Ex. Pavement 200 if 1.22 244.00
6. PCC Sidewalk 3,382 sf 4.50 15,219.00
Sub Total 122,573.90
MISCELLANEOUS:
7. Handicap Ramps
R=30' 2 ea. 2,500.00 5,000.00
8. Street Signs w/pale 9 ea. 500.00 4,500.00
9. Street Monuments 2 ea. 1,000.00 2,000.00
10. Street Lights 2 ea. 7,500.00 15,000.00
9
Sub Total 26,5€10.00
ro
NO.29529
OF
l 64 ...:2
U ANN COMPANY INC.
�'� : ♦I E1�GIl�EERINC — SUI�VE�''ING
1021 BROWN AVE. LAFAYETTE, CA 94549
PH (925)203-5000 FAX (925)233-w-3578
ITEM DESCRIPTION QUANTITY UNIT PRICE COST
11. Type I Manhole I ea. 2,400.00 2,400.00
12. Type"A"Inlet 2 ea. 1,700.00 3,400.00
13. Type"A"Inlet/ 1 ea. 2,700.00 2,700.00
Type I MH Base
14. Type"C"Inlet i I ea. 2,800.00 2,800.00
Type I MH Base
15. Non-Std. SD Inlet 4 ea. 1,000.00 4,000.00
16. Curb Drain 8 ea. 40.00 320.00
17. Storm Drain Pipe:
12"SD 302 if 46.00 13,89.2.00
18"SD 395 if 69.00 27,255.00
18"SD(in ex. Pavement) 289 if 104.40 30,171.60
Sub'Total 86,938.60
Grand Total 236.012.50
Contingency LS 10% 23,601.25
Estimate Total 259,613.75
R fESSt6
NO.2M
EXP.O I-OW7 sir
Cid
kl"o�
2
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: July 20, 2004
SUBJECT: A roval of Final Ma and Subdivision A eement for Subdivision 92-07713.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND ANIS JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 20041 403 for Subdivision 92-07713,approving Final Map and Subdivision Agreement
effective July 6,2004,being developed by Affinity Land and Construction Company,Inc.,Bay Point area.(District
V)
FISCAL.IMPACT:
There is no impact to the General Fund.
B ACKGROUND/REASONJS) FOR RECOMMENDATION($):
Subdivision 92-07713 has been reviewed and processed by Public Warks' staff and met all requirements of the
development process. The final requirements are to file a Final Map and enter into a Subdivision Agreement for the
proposed improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Final Map and Subdivision Agreemen will n t be approved
Continued on Attachment— Signature:
COMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
=/XPPROVE OTHER
SIGNATURE S):
T��J_,�r,
ACTION OFBOAR"" JM 20, 004 APPROVED AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS
_X UNANIMOUS(ABSENT NONE )
AYES: NOES:
ABSENT:_ _ ABSTAIN: _ I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Originator:PublFrank
Works (11 Board of Supervisors on the date shown.
Contact: Frank Navazro(313-2254} P
G:\GrpData\Eng5vcSO\2004\07-20-04\SD 7713 Order.doc
KD:rm
cc: Public Works—T.Bell,Construction
Current P2 17an1,Engmityeevel Services ATTESTED: JULY 20 2004
anrring,Community Development e
T-May 20,2005 JOHN SWEETEN, Clerk of the:Board of Supervisors
Affinity Land&Construction Company,Inc.
P.O.Box 3378 and. County Administrator
Walnut Creek,CA 54598
Attn:Michael Aft-usito
Atnerican Contractors Indemnity Company
5841 Airport Blvd.,9`Floor
Los Angeles,CA 50045 By Deputy
Attn:Keith Sandrock Jr.