HomeMy WebLinkAboutMINUTES - 03021993 - 1.5 s•
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 2, 1993 by the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 93/91
SUBJECT: Approval of a Substitute Subdivision Agreement, Subdivision 4990, Bethel
Island Area.
The following document was presented for Board approval this date:
A substitute Subdivision Agreement with Edward Berman and Joan Miura,
subdivider, whereby said subdivider agrees to complete all improvements as required in said
Subdivision Agreement within one year from the date of said agreement.
Said document was accompanied by the following:
Security to guarantee the road and drainage improvements as required by Title 9 of
the County Ordinance Code, as follows:
a. Cash deposit (Auditor's Deposit Permit No. 012725, dated September
15, 1978) in the amount of$1,000, made by William Boyd Real Estate
and assigned by letter dated November 26, 1991 to Edward Berman
and Joan Miura.
b. Additional security in the form of a corporate surety bond dated
December 22, 1992, and issued by Amwest Surety Insurance Company
(Bond No. 006002083) with Edward Berman and Joan Miura as
principal, in the amount of $87,100 for faithful performance and
$44,055 for labor and materials, with a rider dated December 22, 1992
increasing faithful performance to $99,600 and labor and materials to
$49,800.
NOW THEREFORE BE IT RESOLVED that said substitute Subdivision Agreement
is APPROVED.
BE IT FURTHER RESOLVED that the Subdivision Agreement with Delta Real
Estate Corporation, as approved by the Board on May 5, 1981, is TERMINATED, the
improvement security bond with Indemnity Company of California is EXONERATED and
the Public Works Director is AUTHORIZED to refund the cash deposit (Auditor's Deposit
Permit No. 139750, dated May 4, 1988) in the amount of$28,500, plus interest in accordance
with Government Code Section 53079, if appropriate, to Edward Berman and Joan Miura
as assigned by Kathleen Boyd in a letter dated November 26, 1991.
Originator: Public Works (ES)
cc: Director of Community Development 1 hereby certify that this Is a true and correct copy ,+
Public works - Accounting an action taken and entered on the minutes rt tre
' oar of Super ' on the d �b shown.
- Construction ATTESTED: MAR T90
BO: Edward Berman and Joan Miura PHIL BATCHELOR,Clerk of the Board
19 Rosewood Drive, San Francisco, CA 94127 of Supervisors and C unty Administrator
Delta Real Estate Corporation ,
P.O. Box 96, Bethel Island, CA 9451.1 By .- ,deputy
Amwest Surety Insurance Company
P.O. Box 4796, San Jose, CA 95150
Indemnity Company of California
c/o The Insco Dico Group
17780 Fitch, Irvine, CA 92714
RESOLUTION NO. 93/91
SUBDIVISION AGREEMENT
(Government Code 566462 and 566463) 00
.(SI) Subdivision: 4 990_, Willow Park Marina(S2) Effective Date: -
(sl) Subdivider, Edward Berman and Joan (S2) Completion Period:
Miura
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title
J. Michael a or
Public Works Director
JOAN MIURA
R COMMENDED FOR PROVAL:
i
By:
ng neer ng a ces vision
FORM APPROVED: Victor J. Westman, (NOTE: All signatures to be acknowledged. If Subdivider is
County Counsel incorporated, signatures must confon". with the designated
representative groups pursuant to Corporations CodeS313.)
a + + + a + a + a + + + + + + + + + r + a a a a + a + + + + + + + + + a + + + + + + + + + + + a + + + + + + + + + + + + a + +
State of Cpliforw�a ) ACKNOWLEDGMENT (By Individual, Partnership or Corporation)
County of S
The person(s) signing above for wrc•- ^ `G"vl�`•"n
known to me in individual and business capacities as stated. personally appeared before me today and acknowledged tha e s O
they executed it, and acknowledged to me that the partnership named above executed it or acknowledged to me that the co#poration
named above executed it pursuant to its bylaws or a resolution of its board of direcors.
JJ G � �+
Dated: /L —1 - / Signature: �— - --
Crt)C`ALNOTARYSITY
ype or r n e
Gr.V J. BANKER
c� i
` ; '` .Pa Co:nn1. Exp;;;s ;Uir
(This area for offt it i- ( seal)
1. PARTIES b DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County",
and thea over n�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, `sTr_e_e_F_TT`gFts, 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 workman-
like 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 pians and the County
Ordinance Code, the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement, the Subdivider shall, pursuant to Government Code 566499, and
the County Ordinance Co-de—, provide as security to the County: .
A. For Performance and Guarantee: $ 13000. 0 0 cash, plus additional security, in the amount of
S 960970 which together total one Fundred percent (t00Z) of the estimated cost of the work. Such
addTAOnalsecurity 1 s presen e n the form of:
Cash, certified check, or cashier's 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 completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. ForrPPaymmen_t: Security in the amount of S 49 ,800.00 , which is fifty percent (505) of the estimated cost of
the work, uc5 -F_secu�ty is presented in the form of:
Cash, certified check, or cashier's check
X 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.
C. Upon acceptance of the work as complete by the Boded of Supervisors and upon request of the Subdivider, the amount
of the 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 workman-
ship and shall perform Satisfactorily for a period of one (1) year fr6fa 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 improve66nts for private roads which are hot t6 be accepted into the County
road system. .
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perfq,rm plant establishment viork for landscaping installed under this
agreement.- a plant establishment work shall consist of adpquately.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 estab-
lishment 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 plant .for the work are adequate to accomplish the
work as prom se n ct on 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 de ddflnq 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 rouNTY. 'Inspection of the work and/6Y bterials, or approval of work and/or materials or statement by
any officer, agen or amp oyee. 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 fiaterialsr .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,Couoty by thereby be stopped from bringing any actiod fof< damages arising from the failure to comply with any of the
terms and conditions hereof.
8. INDEMNITY. Subdivider shall defend, hold harmless and fndemhify the inde*11:64s from the liabilities as defined in
thi!Csec o�—
A. The indemnitees benefited and protected by this pe6mise are the Codhty and its special district, elective and
appointive boards, c�srons, officers, agents and employfes.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred
or threatened because oT actions defined below, and including p6rsonal injury, death, property damage, inverse condemnation,
or any combination of these, and regardless of whether or not such liability, claim or damage was unforseeable 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 oe any officer, agent or employee
of one or more of them.
0. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not
any indemniteea—`Fi s prepared, supplied, or reviewed 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 from
any negli%ent or willful misconduct of any Indemnity.
9. COSTS. Subdivider shall pay when due, all the costs erf the work; including' 16spections 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 oun y oad 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 su6sequenextensions, or ails to maintain the work; the County may proceed to c6ihplete 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,.f6edes,including contractors,
in the event the County 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.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining
the work, Subdivider agrees to pay all attorney's fees, and all other expenses of litigation ineerred by County in connection
therewith, even if Subdivider subsequently proceeds to complete the work:
12. INCORPORATION/ANNEXATION. If, before the Board of Sug*Y`' iff0t a*e6lits the work as t6Mp1dte, the subdivision is included
in territory ncorpora a 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 securing said rights shall 6e 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.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file acid f'ecofd th'e Final Map oe Parcel Map
for sal u v s on.
AG:30 (ES-7/85)