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HomeMy WebLinkAboutMINUTES - 05041993 - 1.15 r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 4, 1993 by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: N6ne ABSENT: None ABSTAIN: None - -- RESOLOTION -N0. 93/215 SUBJECT: Approval of a Substitute Subdivision Agreement, Subdivision MS 63-82, Tassajara Area. The following document was presented for Board approval this date: A substitute Subdivision Agreement with The Pringle Group,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. 158684, dated June 28, 1989) in the amount of $1,000 made by The Simba Group. b. Additional security in the form of a letter of credit #93-225 dated March 24, 1993, and issued by Burlingame Bank & Trust Company with The Pringle Group as principal, in the amount of $102,000 for faithful performance and $51,000 for labor and materials. NOW THEREFORE BE IT RESOLVED that said substitute Subdivision Agreement is APPROVED. BE IT FURTHER RESOLVED that the Subdivision Agreement with Simba Group, as approved by the Board on July 11, 1989, is TERMINATED, the letter of credit with Burlingame Bank and Trust Company is EXONERATED. Contact: Melissa Morton - 313-2347 Originator: Public Works (ES) cc: Director of Community Dev. I herebytaken We certify that this IS a true and correct copy of an action taken and enteind on the minutes of Public works - Accounting Board of Sup gryIfs on the daw hown. - Construction ATTESTED- IM'IAAY 4 Y The Pringle Group PHIL BATCHELOR,Clerk of the Board g p of Supervisors and CouV Administrator 90 El Camino Real , Burlingame, CA 94010 By , —,Deputy Burlingame Bank & Trust Co. 350 Primrose Road Burlingame, CA 94010 Simba Group 90 El Camino Real Burlingame, CA 94010 MM:cl BO:4.t5 RESOLUTION NO. 93/215 ` SUBD1YISidN AGREEMENT (Government Code 566462 and 566463) .(SI) Subdivision: MS 63-82 (S2) Effective Date: (Sl) Subdivider: The Prin le Grow (S2) Completion Period: one year THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CJ.ONTRA COSTA C UNTy c ae a o—r-r SUBDIVIDER: (Name and Title) Public works Director f �� Mar ring e By: ��. The Pringle Group RECOMMENDED FOR APPROY By: ng neer g rr ces1v s on ' FORM APPROVED: Victor J. westman, (NOTE: All signatures to be acknowledgoo. If Subdivider 1s County Counsel incorporated, signatures must conform with the designated CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT N_.sr State of��d,( Q- er4 i , OPTIONAL SECTION Count of �Jhi MA.f� CAPACtITY atute does does EDBY SIGNER re the NGNER w.ay to , County fill in the data below,doing so'nay prove ration o `, invaluable to persons relying on the document. On '4-1?--9"b before me, �� -� ►1�,;�—___lF i1$LICi. INDIVIDUAL DATE AME.TITLE OF OFFICER-"E G_-JANE DOE.NOTARY PUBLIC- CORPORATE OFFICER(S) _ personally appeared 1. T NAt;EtSI OF SIGNERS} TiTLEiSt ._..,_ S LIMITED [3 personally known to me-OR-El proved to me on the basis of satisfactory evidence Q�'ARTNER( ) ❑ to be the person(s) whose names) istare ©GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he,!she!they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAN'CON SERVATOR OFfil NOTARY SEAL capacity(ies), and that by his/her/their OTHER: f � " DARYLJ-POPIN signatures)on the instrument the person(s), In � •`m "OlaryPublic—CaMkxria or the entity upon behalf of which the SAN MATEO COUNTY person(s)ace , executethe instrument. i. my Corm.Expires JUN 19.1996 P 5( ) tdexecuted ents, SIGNER IS PEPRESEI[JING: utred } WITNESS my hand and official seal. NAME PERsor;;;:OREN11:-:,IES tment 1 eriod kman- S Si-r.,' RE 01 N TAY f the -- OF N L S 0 ' ounty ' J _ S THIS CERTIFICATE RSJST BE ATTACHED TO TITLE OR TYPE OF DOCUt,9EFJ7 THE DOCUMENT DESCRIBED AT RIGHT: - NUMBER OF PAGES ( DATE OF DOCUMENT Z and Thouoh the data rcauestrc here is nw required by la". I.could prevent trauduler'rea.lazhment o:t'ns form. SIGNER(S)OTHER THAN NAMED ABOVE it of _ _..,_........._..v.- � Such Cc'1993 NATIONAL NOTARY ASSOCIATION•823E Remmet Ave. P.O.Box 7184-Canoca Park.CA 9130c 716; Acceptable corporate surety bond. X 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. For Payment: Security in the amount of $51,000.00 , which is fifty percent (501) of the estimated cost of the work. Succi secur ty is presented in the form of: Cash, certified check, or cashier's check Acceptable corporate surety bond. X 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. G. Upon acceptance of the work as complete by the Board 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 an s a perform Sa sac ori y 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. Subdivider agrees to correct, repair, or replace, at his 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. S. PLANT ESTABLISHMENT WORK. Subdivider agrees to perfors plant establishment work for landscaping installed under this agreement. Said-pTaont 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 estab- lishment of plants. Said plant establishment work shall be perfor+med.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 n 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 '1 to be inadequate in any respect, Subdivider shall make whatever changes are necessary 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 offTc—er-7a-g-e-nI or employee of the Countv indicating the work or any part th.-reof co. lies with the reTlirwrents of thl.. ' 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 by thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY. Subdivider shall defend. hold harmless antt indemnify the indemnitees from the liabilities as defined in this sec off n: A. The' indemnitees benefited and protected by this promise are the County and its special district, 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 fictions 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 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 causin lid are any act or omission (negligent or non-negligent)• in connection with the matters covered by this-Agreement ani a R-sable 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 :iot conditioned or dependent on whether or not any indemnitee has prepared, supplied, or reviewed any plan(s) or specifications) 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 negligent or willful misconduct of any Indemnity. 9. COSTS. Subdivider shall pay when due, all the costs of the work, including. inspections thereof and relocating existing ti utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of theout n-y Road 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 Agreament. and subsequent-ex ensions, 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. contract. overhead, etc.) immediately upon demand. Subdivider 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. 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 performanceunder 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 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 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 Sub(fivider, 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 and record the Final Map or Parcel Map for sat u v son. AG:30 US-7/85) RUI:LI ;NGAN4E BAN'' K & TRUST V LETTER OF CREDIT #93-225 As Security for Subdivision Agreement (Combined Faithful Performance and Labor & Materials) Board of Supervisors Contra Costa County Administration Building Martinez, CA 94553 Subject: Instrument of Credit Delivered as Improvement Security: Combined Performance and Labor & Materials Security (Contra Costa County Ordinance Code Secs . 94-4 .406 and 94-4 .408) Gentlemen: Burlingame Bank & Trust Co. , a financial institution, subject to regulation by the State of California or the Federal Government of the United State of America, delivers to Contra Costa County this instrument of credit as security for certain improvements in accordance with the subdivision agreement, dated July 11, 1989 and referred to herein and by this reference made a part hereof, subject to the following conditions: 1. We pledge that we hold and will hold on deposit the sum of One Hundred Two Thousand Dollars ($102,000. 00) as trust funds guaranteed for payment to Contra Costa County (or successor city) to secure The Pringle Group's (hereinafter referred to as "Owner" ) faithful performance of the subdivision agreement executed by Owner and Contra Costa County for Subdivision MS63-82 for the commencement and construction of work and improvements as described in said subdivision agreement and the Subdivision Ordinance of Contra Costa County. We will so hold this sum until the commencement, completion, and written acceptance by the Contra Costa County Board of Supervisors of all work and improvements under said subdivision agreement. Prior to said acceptance, upon demand by Contra Costa County (or successor city) , the whole or any portion of said funds shall be paid forwith to the County (or successor city) for use toward the commencement and completion of the work and improvement as it sees fit. 2 . Upon written acceptance by the County Board of Supervisors (or successor city) of all work and improvements under said agreement as complete, $86,700. 00 of the funds held in trust in accordance with Section 1 shall be released and the remaining $15,300 .00 shall be held as security until the improvements 1 ? O I'RI.NIRO,F ROAD FLIKLI\6AAtC.CALIFORNIA •)-IMO HILI I' IONI:alp-:41"._-1;011 successfully pass the guarantee and maintenance period(s) specified in the subdivision agreement. When all of the guarantee and maintenance requirements have been satisfied, this remaining sum shall be released upon written acceptance by the County Board of Supervisors (or successor city) of the completion of this requirements. Prior to said acceptance, upon written demand by the County (or successor city) , the whole or any portion of said residual sum shall be paid forthwith to the County (or successor city) for use toward satisfaction of these requirements. 3 . We further pledge that we similarly hold the additional sum of Fifty One Thousand Dollars ($51,000.00) on deposit as trust funds guaranteed for payment to any contractor, his subcontractors, and to any and all persons, companies or corporations furnishing labor or materials or services; or renting equipment to the Owner or the contractors or his subcontractors for the performance of said agreement; and for amounts due under the Unemployment Insurance Act with respect to such work or labor. After passage of the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of title 15 of Part 4 of Division 3 of the Civil Code and after written acceptance by Contra Costa County (or successor city) that all work and improvements under said agreement are complete, this sum may be reduced to an amount not less than the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the Contra Costa County Board of Supervisors, and if no such claims have been recorded, the sum may be released in full. It is hereby agreed that the obligation set forth in Paragraph 3 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 them or their assigns in any suit brought upon said obligation. 4 . No alteration of said agreement, or of any plans or specifications of said work, agreed to by Contra Costa County and Owner, shall relieve us from liability on this letter of credit. We hereby give consent for any such alterations to be made without further notice to or consent by us. We hereby hold ourselves bound without regard to and independently of any action against Owner whenever taken. We further agree that if Contra Costa County sues on this letter of credit, we will pay, in addition to the face value of this letter, all its reasonable costs, expenses and attorneys fees incurred by it in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. This instrument of credit is irrevocable. 2 Financial Institution Subdivider/Owner Burlingame Bank & Trust Co. The undersigned hereby agrees I swear under penalty of perjury to all the terms and conditions that I have authority to bind the set forth and releases the above-named financial institution financial institution executing to the terms of this letter of this letter of credit from all credit. liability except as herein specifically set forth. Executed at Burlingame Executed at Burlingame California, on MAKS -ZY, 1993 California, on 3 , 1993 By: Barbara Harris, V.P. By: Z I , v Signature Signature State of California County of San Mateo On J'; q-el3 before me, NOdif)C- -7 o , personally appeared Barbara Harris, person ly known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. IW IEa, l) Signature of,/]Notary 9MYOFFICIAL SEAL NADINE TYO NOTARY PUBLIC-CALIFORNIA SAN MATEO COUNTY Comm.Expires Jan.17.1995 RP 3 ***************************************************************** State of California County of A1J M4,t�,D OnEA91. 22i l �3 before me, L.� J. �OP,iJ, N Zy �i1�i 1C, personally appeared M{ L . &t- CaLfi , _✓personally known 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 bpd official seal. OFEiG,AL NOTARY SEAL DARYL J.POPIN Stat e o otary :� NotaryPubft—"WAS ,;�,„-�:.�::�� sari AAATEO COUNTY , ?at Gomm Exprez JUN 19.18?3 4 BURLINGAME RAND: & l-RUST LETTER OF CREDIT #93-225 As Security for Subdivision Agreement (Combined Faithful Performance and Labor & Materials) Board of Supervisors Contra Costa County Administration Building Martinez, CA 94553 Subject: Instrument of Credit Delivered as Improvement Security: Combined Performance and Labor & Materials Security (Contra Costa County Ordinance Code Secs. 94-4.406 and 94-4 .408) Gentlemen: Burlingame Bank & Trust Co. , a financial institution, subject to regulation by the State. of California or the Federal Government of the United State of America, delivers to Contra Costa County this instrument of credit as security for certain improvements in accordance with the subdivision agreement, dated July 11, 1989 and referred to herein and by this reference made a part hereof, subject to the following conditions: 1. We pledge that we hold and will hold on deposit the sum of One Hundred Two Thousand Dollars ($102,000.00) as trust funds guaranteed for payment to Contra Costa County (or successor city) to secure The Pringle Group's (hereinafter referred to as "Owner" ) faithful performance of the subdivision agreement executed by Owner and Contra Costa County for Subdivision MS63-82 for the commencement and construction of work and improvements as described in said subdivision agreement and the Subdivision Ordinance of Contra Costa County. We will so hold this sum until the commencement, completion, and written acceptance by the Contra Costa County Board of Supervisors of all work and improvements under said subdivision agreement. Prior to said acceptance, upon demand by Contra Costa County (or successor city) , the whole or any portion of said funds shall be paid forwith to the County (or successor city) for use toward the commencement and completion of the work and improvement as it sees fit. 2 . Upon written acceptance by the County Board of Supervisors (or successor city) of all work and improvements under said agreement as complete, $86,700.00 of the funds held in trust in accordance with Section 1 shall be released and the remaining $15, 300. 00 shall be held as security until the improvements 1 D 3io PRL41ROSr ROAD • 1M0 TrI I:PHO Nr:41> 348 2?00 successfully pass the guarantee and maintenance period(s) specified in the subdivision agreement. When all of the guarantee and maintenance requirements have been satisfied, this remaining sum shall be released upon written acceptance by the County Board of Supervisors (or successor city) of the completion of this requirements. Prior to said acceptance, upon written demand by the County (or successor city) , the whole or any portion of said residual sum shall be paid forthwith to the County (or successor city) for use toward satisfaction of these requirements. 3. We further pledge that we similarly hold the additional sum of Fifty One Thousand Dollars ($51,000.00) on deposit as trust funds guaranteed for payment to any contractor, his subcontractors, and to any and all persons, companies or corporations furnishing labor or materials or services; or renting equipment to the Owner or the contractors or his subcontractors for the performance of said agreement; and for amounts due under the Unemployment Insurance Act with respect to such work or labor. After passage of the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of title 15 of Part 4 of Division 3 of the Civil Code and after written acceptance by Contra Costa County (or successor city) that all work and improvements under said agreement are complete, this sum may be reduced to an amount not less than the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the Contra Costa County Board of Supervisors, and if no such claims have been recorded, the sum may be released in full. It is hereby agreed that the obligation set forth in Paragraph 3 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 them or their assigns in any suit brought upon said obligation. 4. No alteration of said agreement, or of any plans or specifications of said work, agreed to by Contra Costa County and owner, shall relieve us from liability on this letter of credit. We hereby give consent for any such alterations to be made without further notice to or consent by us. We hereby hold ourselves bound without regard to and independently of any action against Owner whenever taken. We further agree that if Contra Costa County sues on this letter of credit, we will pay, in addition to the face value of this letter, all its reasonable costs, expenses and attorneys fees incurred by it in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. This instrument of credit is irrevocable. 2 C(OFDY Financial Institution Subdivider/Owner Burlingame Bank & Trust Co. The undersigned hereby agrees I swear under penalty of perjury to all the terms and conditions that I have authority to bind the set forth and releases the above-named financial institution financial institution executing to the terms of this letter of this letter of credit from all credit. liability except as herein specifically set forth. Executed at Burlingame Executed at Burlingame California, on MgK-c t -?Y, 1993 California, on 3 , 1993 By: Barbara Harris, V.P. By: 6n caf Y T a St Signature Signature ***************************************************************** State of California County of San Mateo On before before me, IV(;ll�lll� o , personally appeared Barbara Harris, personcAly known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. [LAe�' Signature o Notary OFFICIAL SEAL NADINE TYO NOTARY PUBLIC-CALIFORNIA SAH MATEO COUNTY K MY Comm.Expires Jan.17.1995 (C(OF)y 3 State of Cal ' fornia County of �A MAT��n On HA&dA 22.1993 before me, DLUL, J. 00(211 ' Nofu Vj\A1 lC, personally appeared Marzl� L . �2arSCtl.�i , —k--Personally known 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 d official seal. ,.. -- *: "r OFFW,"L NOTARY SEAL DARYL J.POPIk ` Notary Pubk—Ca fc la l S ' at e ot*otary `a ,. V SAM MATEO COUNTY r ` MY Comm Exp?rp-- JUPJ. 19IM5 4