Loading...
HomeMy WebLinkAboutMINUTES - 04201993 - 1.18 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 20, 1993, by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 93/179 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Improvement Warranty for Subdivision MS 53-89, Rodeo Area. The following documents were presented for Board approval this date: The Parcel Map of Subdivision MS 53-89, property located in the Rodeo area, said map having been certified by the proper officials. A Subdivision Agreement for Improvement Warranty with John F. Bessolo, subdivider, whereby said subdivider agrees to warrant all improvements as required in said Subdivision Agreement within one year from the date of said agreement. Said documents were accompanied by: 1. Security to guarantee the warranty of road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: A. Cash deposit(Auditor's Deposit Permit No. 220966,dated February 18, 1993) in the amount of $1,000 made by John F. Bessolo. B. Additional security in the form of a cash deposit (Auditor's Deposit Permit No. 220966, dated February 18, 1993) in the amount of$4,000 for improvement warranty made by John F. Bessolo. 11. 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 1992-93 tax lien has been paid in full and the 1993-94 tax lien, which became a lien on the first day of March, 1993, is estimated to be $4,600. III. Security to guarantee the payment of taxes as required by Title 9 of the County Ordinance Code in the form of a cash deposit (Auditor's Deposit Permit No. 223960, dated April 15, 1993) made by John F. Bessolo in the amount of$4,600 guaranteeing the payment of the estimated tax; 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 for Improvement Warranty is also APPROVED. Contact: Melissa Morton - 313-2347 1 hereby certify that this is a true and correct copy of Originator: Public Works (ES) an action taken and enteie,d on the minutes of the cc: Director of Community Dev. Board of Supe I rs on the dates shown. Public Works - Const. ATTESTED: � R 2 0 993 John F. Bessolo PHIL BATCHELOR,Clerk Of the Board 790 Hawthorne Avenue of Supervisors and Court Administrator MM:cI Rodeo, CA 94572 By "Deputy BO:20.t4 RESOLUTION NO. 93/179 Ill, Tax County Trree Collector's Office Contra Alfred Lomeli asurer-Tax Collector 625 Court Street Costa Joseph L. Martinez Finance Building, Room 100 Deputy Tax Collector P.O. Box 631 County Martinez,California 94553 Nancy L.Webster (415)646-4126 e 't c Department Account Clerk Manager y f M. Ruby Lagrimas Z. _ t Supervising Clerk March 26, 1993 IF THIS TRACT IS NOT FILED BY October 30, 1993 THIS LEITER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: MS 53-89 RODEO 62058 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 L992-93 tax lien has been paid in full. Our estimate of the 1993-94 tax lien, which became a lien on the first day of March, 1993 , is 4600.00 The amount calculated is void 30 days after the date of this letter. Subdivision bond must be presented to County Tax Collector for review and approval of adequacy of security, prior to filing with the Clerk of the Board of Supervisors. Sincerely yours, ALFRED P. LOMELI TREASURER-TAX COLLECTOR By:_ APRL:gm SUBDIVISION AGREEMENT R IMPROVEMENT WARRANTY (After Construction is Complete) (Government Code SS66462 and SS66463) (Sl) Subdivision: -��`�/ (S1) Effective Date �l" ;26- CY3 (S7) Subdivider: Ufr�/�� (0) Maintenance PeriodDeposits: A. A. (cash) S B. (bonds, etc) 1. (faithful performance & maintenance) S 2. (payment) S --8-- 1. PARTIES & DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above-named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENT WARRANTY. Subdivider warrants that the road and street improvements, tract drainage, street signs, and all other public improvements were constructed, installed and completed in this subdivision in a manner equal or superior to the requirements of the County Ordinance Code, Title 9. 3. GUARANTEE & MAINTENANCE. Subdivider guarantees that the aforesaid subdivision improvements are and wilt be free from defects and will perform satisfactorily in accordance with County Ordinance Code; and he shall maintain the improvements for one year after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance. 4. IMPROVEMENT SECURITY: DEPOSIT & BONDS. This obligation is subject to the conditions set forth on the reverse side hereof. CONTRA COSTA COUNTY: IVID J. Michael Watford Public Works Director Si na ri • .E5 D B y' y Deputy Signature Print RECOMMENDED FOR APPROVAL: Note to Subdivider: Attach acknowledgment form below and affix corporate seal. By: (CORPORATE SEAL) FORM APPROVED: Victor J. Westman County Counsel State of California ) ACKNOWLEDGEMENT (By Individual, Partnership or Corporation) County of Contra Costa )ss The person(s) signing above forDf�/\/ known to me in individual and business capacities as stated, personally appeared before me today and acknowledged that he/she/ they executed it, and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pursuant to its bylaws or a resolution of its board of directors. / Dated: c'' Signatur �J bf-A/ � fi� >- SC-Ay i9.,, Name (Typed or Printed) OFFICIAL SEAL (This area for official notarial seal.) I.f_, DONITA J SCHUMAN ^ ..-. NOTARY PUBLIC•CALIFORNIA s CONTRA COSTA CUUNTY ' My Commission Expires Apr.9,1993 4. IMPROVEMENT SECURITY: DEPOSIT & BONDS. Upon executing this agreement, Subdivider shall deposit as Fecurity with the County: A. Cash: 51,000 cash or 1% of the estimated cost of the improvements, whichever is more; together with B. Bond. etc.: (1. Faithful performance) additional security totaling 15% of the cost of the estimated improvements less the cash deposit in the form of a cash deposit, acceptable instrument of credit, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance; plus (2. payment for labor & materials) another such additional security in at least the above-specified amount, which is 50% of the estimated cost of the aforementioned improvements, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. Said payment bond to become null and void six months after the completion of improvements. 5. NO WAIVER BY COUNTY. Inspection of the improvements and/or materials, or approval of improvements and/or materials inspected, or statement by any officer, agent or employee of the County indicating that the improvements or any part thereof comply with the requirements of this agreement, or acceptance of the whole or any part of said improvements 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. 6. INDEMNITY. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnitees benefited and protected by this promise are the County, and its special districts, 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 approved the subdivision map or accepted the improvements as completed, and including the defense of any suit(s), actions(s), or other proceeding(s) concerning these; 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 plans) or specifications) in connection with the improvements or subdivision, or has insurance or other indemnification covering any of these matters. 7. COSTS. Subdivider shall pay or have paid when due all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 8. NONPERFORMANCE AND COSTS. If Subdivider fails to maintain the work and improvements during the time specified in this agreement, County may proceed to maintain them by contract or otherwise, and Subdivider shall pay the costs and charges therefor immediately upon demand. If County sues to compel performance of this agreement or recover engineering costs and the cost of maintaining the improvements, subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 9. ASSIGNMENT. If before the completion of the maintenance period the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and any deposit or bond securing them. 10. LABOR & MATERIALS. WARRANTY. Subdivider further warrants that the claims and liens of all persons, contractors, and subcontractors furnishing labor or materials for the installation of said improvements in the subdivision have been satisfied. The subdivider agrees to satisfy any valid claims or liens of labor and materialmen as to the said improvements and subdivision appearing hereafter upon demand by the County. 11. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. AG:33 (ES-3/88) f PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY BOARD DATE: '2� TO:. Clerk of the Board/Recorders Office FROM: Public 'Torics Department, Engineering Services Division SUBJECT: A PpeO✓� p•9,ec�G �v1�1!'` M,$. 5 3-P�9 - The following documents, with aooropriate aaard Orders attached and this transmittal , sha11 accompany /Parcel Map Af6 tj3 LW to t^e Courty Recorder' s Office. ( ) No documents required ( ) Deferred improvement Agreement ( ) Offer of Dedication - Roads ( ) Offer of Dedication - Drainage ( ) Grant Deed of Development' Rights ( ) Consent to Offer of Dedication - Roads ( ) Common Use Agreement ( ) Drainage Release ( ) Relinquishment of Ab tters' Rign 00 Other JTQ�E' �� ©� lJ�o `!/C�1 �CfGOMwfe�GYZ The ma and documents shall be transmitted to the Recorder's Office simultaneously by Title Company { fiz'r 222- ¢750 ' ) . - contact person telephone no. NOTE TO TITLE COMPANY: P1 ease submi t a guarantee 1 etter and map recording fee to the County Recorder at the time the map and documents are filed with the Recorder' s &fficer. NOTE TO RECORDER: Please ensure that the documents listed above are attached to the map so that the map and documents can be recorded concurrently. CL:19