HomeMy WebLinkAboutMINUTES - 04042006 - C.4 !�
TO: BOARD OF SUPERVISORS '`'-��- � -=`�' Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ;g Costa
DATE: April 4, 2006 �o'.; ' ��
-'�'` County
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SUBJECT: Approving a Substitute Subdivision Agreement, Minor Subdivision 01-00002, Kensington area. (District 1)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2006/ /�5 for Minor Subdivision 01-00002,approving a Substitute Subdivision Agreement,
for project being developed by Robert Wilkinson, Kensington area. (District I)
FISCAL IMPACT:
None
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The property has been sold and a new Subdivision Agreement is required.
CONSEQUENCES OF NEGATIVE ACTION:
The previous owner will not receive a refund of their cash deposit and the Subdivision Agreement will not be in the
name of the current owner.
Continued on Attachment:y SIGNATURE:
✓IFECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
�XPPROVE OTHER
SIGNATURES
ACTION OF BO 7
ONY m ,V 0'a APPROVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct
voT F SUPERVISORS copy of an action taken and entered on the
Y UNANIMOUS(ABSENT GAG—) minutes of the Board of Supervisors on the
AYES: NOES: date shown.
ABSENT: ABSTAIN:
Lkd'✓/ 0'/�
G:\Gr pData\EngSvc\BO\2006\04-04Uv1S 01-00002 BO-24.doc ATTESTED: T
Originator: Public Works(ES) JOHN CULLEN, Clerk of the Board of
Contact: S.Gospodchikov(313-2316) Supervisors and County Administrator
cc: Public works -Accounting
-Construction
Robert Wilkinson,Garden Drive Partners By , Deputy
32 Bayview Street,San Rafael,CA 949014913"
Eric Bierkholt and Sophie Hahn
132 Purdue Avenue,Kensington,CA 94708
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 4, 2006 by the following vote:
AYES: Uilkema, Piepho,DeSanlnier,Glover and Gioia
NOES: None
ABSENT: Note
ABSTAIN: None
1
RESOLUTION NO. 2006/
SUBJECT: Approving a Substitute Subdivision Agreement,Minor Subdivision 01-00002,Kensington area.
(District I)
The following document was presented for Board approval this date:
A substitute Subdivision Agreement with Robert Wilkinson,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. 459821, dated March 2, 2006 in the amount of
$12,300.00 ($1,000.00 cash, plus $7,200.00 cash security for labor and materials and $4,100.00
cash security for performance/maintenance made by Robert Wilkinson.
All deposit permits are on file with the Public Works Department.
NOW THEREFORE BE IT RESOLVED that said substitute Subdivision Agreement is APPROVED.
BE IT FURTHER RESOLVED that the Subdivision Agreement with Eric Bjerkhold and Sohpie Hahn,
as approved by the Board on December 14,2004,is TERMINATED,the cash securitybond with Eric Bjerkholt
and Sophie Hahn is EXONERATED and the Public Works Director is AUTHORIZED to refund the cash
deposit(Auditor's Deposit Permit No. 435100, dated November 24, 2004) in the amount of$12,300.00,plus
interest in accordance with Government Code Section 53079, if appropriate, to Sophie Hahn.
LB:rm I hereby certify that this is a true and correct copy of an
G:\GrpData\EngSvc\BO\2006\04-04\MS 01-00002 BO-24.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES) Supervisors on the date shown.
Contact: S.Gospodchikov(313-2316)
0 �
'�/!�
cc: Public works -Accounting
ATTESTED:---Z-V/7 41Ti `"
-Construction
Robert Wilkinson,Garden Drive Partners JOHN CULLEN, Clerk of the Board of Supervisors and
32 Bayview Street,San Rafael,CA 949014913 County Administrator
Eric Bjerkholt and Sophie Hahn
132 Purdue Avenue,Kensington,CA 94708
By Deputy
RESOLUTION NO. 2006/ �`��
SUBDIVISION AGREEMENT
" (Gov.Code,§§66462 and 66463) tt��
Subdivision: All 01' 0000A Effective Date: ZD0�O
Subdivider: 1�06er'f l"UW<1nS6-V1 Completion Period: 07yP"s
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY ANa
Maurice M.SI iu=rks yBy: Jt
3E(/�—T
RECOMMENDE ,F,OR APPROVAL: �J'/( //�I/1Q Print Title ���J/��
By: Print Name
Engineering bervice,
PrintTitte
isio
FORM APPROVED: Silvano B.Marchesi,County CounselN( OTE:All signatures must be acknowledged.If Subdivider is incorporated,the contract
must be signed by two officers.The first signature must be that of the chairman of the
board,president,or vice-president;the second signature must be that of the secretary,
assistant secretary,chief financial officar,or assistant treasurer.(Civ.Code,§1190 and
Corps.Code,§313.)
CERTIFICATE OF ACKNOWLEDGMENT
S to of,Califomia )
' ) ss.
County of L+ n aT C S ) !��/�
On the date written below,before me,the undersigned Notary Public,personally appeared the person(sosigning above for T'�(jb'2/y
k^^°'n in mo(or proved to me on the basis of satisfactory evidence)to be the person*whose name*is/aresubscribed to the within instrument and acknowledged to me that he/sheRhey.
executed the same in his/be0thrj4authorized capacity(ev),and that by his/hedtharsignature(*on the instrument the personW-,or the entity upon behalf of which the person(4acted,
executed the instrument.
WITNESS my hand and official seal.^ p / /
Dated:�Q �►r u Ar�� Co
AMELA K.NELSON �Y
ry Public Ifforrita 11
(Notary Seal) ZQMYNot'a
ContraCostaCounty Comm.Expires Aug 2!,21083
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter"County')and the above-menfloned 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 lights,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,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto
(hereinager'Ordinance Code').
Subdividershall complete said improvements(hereinafter'Work)within the above completion period from dale hereof,as required by the California Subdivision Map Act(Gov.
Code,§§66410 at.seq.)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code
and rulings made thereunder,and where there is a conflict among the improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENTS SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to
the County:
A. For Performance and Guarantee: $ 1,OW' cash,plus additional security,in the amount of$-1ra00- which together total one hundred
percent(100%)of the estimated cost of the Work. Such additional security is presented in the form of:
Cash,cerfified check or cashier's check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit
With this security,Subdivider guarantees performance underthis Agreement and maintenance of the Work for one year after its completion and acceptance against any defective
workmanship or materials or any unsatisfactory performance.
c�
B. For Payment: Security in the amount:$ y,(OD' which is fifty percent(50%)of the estimated cost of the Work.Such security is presented in the
form of:
Cash,certified check,or cashier's check
Acceptable corporate surety bond. Form Approved by County Counsel
Acceptable irrevocable letter of credit. [Rev.9/031
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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 held as security maybe reduced in accordance with
Sections 94-4.406 and 94A.408 of the Ordinance,Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shall be free from defects in material orworkmanship and shall perform satisfactorily 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 Subdivider's expense,any defects in said Work.
The guarantee pedod does not apply to road improvements for private roads that are not to be accepted into the County road system.
5. PLANT ESTABLISHMENT WORK.Subdivider agrees to perform plant establishment work for landscaping installed under this Agreement. Said plant establishment work shall
consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and otherwork determined by the Public Works Department to be necessary
to ensure establishment 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 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 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 COUNTY. Inspection of the Work andlor materials,or approval of the Work and/or materials 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 and/or materials,or payments therefor,or any
combination or all of these acts,shall not relieve the Subdivider of its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby 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 and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnitees benefitted 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 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
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 arenotconditionedordependentonwhetherornotanyindemniteehasprepared,supplied,orapproved
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 negligent or willful misconduct of any indemnitee.
9. COSTS. Subdivider shall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing utilities required thereby;inspections;material
checks and tests;and other costs incurred by County staff arising from or related to the Work,and priorto acceptance of the Work as complete or expiration of any applicable warranty periods,
whichever is later.
10. SURVEYS. 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 the Work as complete by the Board of Supervisors.
it. NON-PERFORMANCE AND COSTS. If Subdivider fails to complete the Work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the
Work,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 County(including,but not limited
to,engineering,inspection,surveys,contract,overhead,etc.)immediately 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 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,
staff costs and all other expenses of litigation incurred by County in connection therewith,even ff 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 c ty 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 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.The provisions of paragraph 8(Indemnity)shall continue to apply in favor of the indemnitees listed in paragraph 8.A.upon any such incorporation or annexation.
13. RECORD MAP. In consideration hereof;County shall allow Subdivider to file and record the final map or parcel map for said Subdivision.
14. RIGHT OF ENTRY. Subdivider hereby consents to entry onto the Subdivision property,and onto any other property over which 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 the event of non-performance
of this Agreement by Subdivider,completion and/or maintenance of the Work.
Form Approved by County Counsel
[Rev.9103]
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