HomeMy WebLinkAboutMINUTES - 03182008 - C.5 TO: BOARD OF SUPERVISORS }._ -�••, Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ni Costa
DATE: March 18, 2008 County
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Intervening Properties
Bioretention Pond, Drainage Acceptance 05-00052 (cross-reference Subdivision 99-08331),
Danville area. (District I11)
SPECIFIC RLQUEST(S)OR RL-COMMENDATION(S)&BACKGROUND ANDJUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008//7/ for Drainage Acceptance 05-00052 (cross-reference Subdivision 99-
08331), approving Subdivision Agreement (Right-of-Way Landscaping) for Intervening Properties Bioretention
Pond, for project being developed by Danville Tassajara Partners, LLC, Danville area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Subdivision Agreement (Right-of-Way Landscaping) has been reviewed and processed by Public Works
staff and meets all applicable conditions of approval regarding landscape improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Subdivision Agreement (Right-of-Way Landscaping) will not be approved.
Continued on Attachment: SIGNATURE:&ACCJ�� r�✓ L/ v G�
0
ECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
/APPROVE OTIIER
SIGNATURES :_Ii�
• _
ACTION OF BO 'R ON 19& 1K APPROVED AS RECONIMENDED__V�OTHER
VOTE OF SUPERVISORS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT _) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT ABSTAIN: _ date shown.
I_B:vz
G:`,EngSvc\!0`_1008\03-I I\BO-16 DA 05-0052.doc p
Originator: Public worksATTESTED: D
Contact: T.Rie(313-23(13)) ®5 Ike,_
cc: Public Works- Construction JOHN CULLEN, Clerk of the Board of
Current Planning,Community Development
T--October 8,2010(PI) Supervisors and County Administrator
Danville Tassajara Partners,LLC
6121 Bollinger Canyon Road,Suite 500
Sari Ramon.CA 94583
Attn:Brian Olin
Arch Insurance Company By uty
135 N.Los Robles Avenue,#825
Pasadena,CA 91 101
Attn:Rhonda C.Abel
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 18, 2008 by the following vote:
AVFC-
AYES: GIOIA, UILKEMA, BONILLA, and GLOVER
NOES: None
ABSENT: PIEPHO
ABSTAIN: None
RESOLUTION NO. 2008/ 1�-
SUBJECT: Approving Subdivision Agreement (Right-of--Way Landscaping) for Intervening
Properties Bioretention Pond, Drainage Acceptance 05-00052 (cross-reference
Subdivision 99-08331), Danville area. (District III)
These improvements are approximately located near Camino Tassajara and Monterosso
Street.
The following document was presented for Board approval this date for Drainage
Acceptance 05-00052 (cross-reference Subdivision 99-08331), located in the Danville area.
A Subdivision Agreement (Right-of-Way Landscaping) with Danville Tassajara Partners,
LLC, developer, whereby said developer agrees to complete all improvements as required in said
Subdivision Agreement (Right-of-Way Landscaping) within two years from the date of said
agreement. Improvements generally consist of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right-of-way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $1,000.00
Deposit made by: Danville Tassajara Partners, LLC
Auditor's Deposit Permit No. and Date: 493946 December 6, 2007
LB:vz I hereby certify that this is a true and correct copy of an
G:\EngSvc\B0\2003\03-1 I\BO-16 DA 05-0052.doc
originator: Public Works(ES) action taken and entered on the minutes of the Board of
Contact: 1'.Rie(313-2363) Supervisors on the date shown.
cc: Public Works- Construction
Current Planning,Community Development / p
T-October 8,2010(P I) AZ TESTED: 0 ! t g
Danville Tassajara Partners,LLC
6121 Bollinger Canyon Road,Suite 500 JOHN CULLEN Clerk of the Board of Supervisors and
San Ranwn,CA 94533 County Ad istra or
Attn:Brian Olin
Arch Insurance Company
135 N.Los Robles Avenue,#325
Pasadena,CA 91101
Attn:Rhonda C.Abel By , Deputy
RESOLUTION NO.20
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Intervening
Properties Bioretention Pond, Drainage Acceptance 05-00052 (cross-reference
Subdivision 99-08331), Danville area. (District III)
DATE: March 18, 2008
PACE: 2
II. Surety Bored
Bond Company: Arch Insurance Company
Bond Number and Date: SU 5024158 January 23, 2008
Performance Amount: $79,200.00
Labor &Materials Amount: $40,100.00
Principal: Danville Tassajara Partners, LLC
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of-
Way Landscaping) is APPROVED.
All deposit permits arc on file with the Public Works Department.
Vogl 1� I
Executed In Duplicate
Subdivision: DA 05-0052 (x-ref SUB 99-08331.)
Bond No.: SU5024158
Premium: $990.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAS' LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(Calif. Government Code sections 66462 and 66463)
1. RECITAL OF SUBDIVISION AGREEMENT:The Principal has executed an agreement with the County
to install and pay, for public right of way landscaping, and other related improvements in Subdivision DA
05-0052, as specified in the Subdivision Agreement(Right-of-Way Landscaping), and to complete said
work within the time specified for completion in the Subdivision Agreement(Right-of-Way Landscaping),
all in accordance with State and local laws and rulings thereunder in order to satisfi-conditions for filing of
the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: Danville Tassaiara Partners. L.L.C. . as Principal,and Arch Insurance Company
a corporation organized existing under the laws of the State of Missouri
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 it:
A. Pet•fon-nnance and Guan'anntee:Seventy-Nine Thousand,Two Hundred Dollars($79200.00)for
itself or any city-assignee under the above County Subdivision Agreement (Right-of-Way
Landscaping).
B. Payment: Forty Thousand. One I lundred Dollars($40.100.00) to secure the claims to which
reference is made in Title XV (commencing with Section 3082) of Part 4 of Division Ill of the
Civil Code of the State of California.
3. CONDITION: This obligation is subject to the condition set forth on the reverse side hereof
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs,executors.administrators,successors or assigns,shall 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 is 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 a part of the obligation secured hereby and in addition to the face amount specified therefor,there
shall be included costs and reasonable expenses and fees. including reasonable attorney's fees.
incurred by County (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
Bond No. SU5024158
DANVILLE TASSAJARA PARTNERS, LLC,
a Delaware limited liability company
By: LENNAR HOMES OF CALIFORNIA, INC.,
a California corporation, its Managing Member
By: G�.
Printed Name: Brian G. Olin
Its: Vice-President
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of CALIFORNIA
County of CONTRA COSTA ss.
On January 29, 2008 before me, Catherine M. Taylor, Notary Public, personally appeared
Brian G. Olin, who proved to me on the basis of satisfactory evidence to be the person(64 whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/tauthorized capacity(ies), and that by his/her/4�signature(s)on
the instrument the personko, or the entity upon behalf of which the personal acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
coag u."-s 0 D 9 D GM&
WITNESS my hand and official seal. � C@00a COMMy
aDi3. JDD
(Signature of Notary Public) Place Notary Seal Above
OPTIONAL
Though the information below is not required by law;it may prove valuable to persons relying on the document and could
prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Contra Costa County Improvement Security Bond for Public Right-
of-Way Landscape Agreement DA 05-0052 (X-ref SUB 99-08331) aka Bio Retention Cell
Landscaping Bond #SU5024158
Document Date: January 23, 2008 Number of Pages: 3
Signer(s) Other Than Named Aoove: Jeri Apodaca, Attorney-In-Fact (Surety)
Capacity(les) Claimed by Signer
Signer's Name: Brian G. Olin
❑ Individual - •
® Corporate Officer-Title(s): Vice-President Top of thumb here
❑ Partner- ❑ Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing: Lennar Homes of California, Inc.
a California corporation
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint
Rhonda C.Abel,Jeri Apodaca,Jane Kepner, Nanette Myers, Mike Parizino,James A. Schaller, Rachelle Rheault,and Linda
Enright of Irvine,CA(EACH)
its true and lawful Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City,lmjss
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-facia,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOML0013 00 03 03
Page 9 of 2 Printed. in U.S.A.
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT 1 '
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
rga o
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
Sales Tax 100300 0637 19.90
Sale of Prints 004530 9931 REV 6GO085 57.50
Corner Records 4416-4422 000651 9660 SLO88D 70.00
Hydrology Consult 007505 9895 6F8275 1,180.00
SD 99-08381 000651 9660 GL0033 26,364:18
LP005-2036 Permit overage 6LO74A 242.20
MS 06-0026 Accelerated review GL073R 5,000.00
Premium Billing 9105 6L085C 688.00
Utilities Invoice y 6LO82E 40,365.78
Sale of Prints 004530 9931 6AO026 183.50
LP02 02068 BA 21287 003520 9660 513060C 630.00
VR 07 01041 BA 35093 5B044X 489.08
SD 0008458 BA 14562 5B060C 378.99
VR 07 01056 BA 35355 5B044X 126.58
LP05002034 BA 29607 513060C 4.00
• s V 6B0029 161.71
Explanation: TOTAL $
Acctng: 13123303341233094 DEPOSIT 175,174.08
Eng Svc: G1232461-G1232474 Voids G123247l5& G1232476 Deposit consists of the following items
Records: 131231691-.131231699 COIN and CURRENCY $ 51.43
Invoices: 913180, 913170,913167,913172,9131016,913070,913078,913134- CHECKS,M.O.,ETC. $ 175,12;2.65
913145,950621,907876, BA's 21287,35093, 14562,35355,29538,29607,35590 BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
21842,31600,14581,35127,34074,29929,34127,34509,35822,35622,35475, DEPOSIT
PERMIT DP Y•
35474,35445,35438,35418,35265,35258,35169,3:5054,35022,34997,34257 NUMBER
35022,34997,34438,34257,33715,33674,33616,33529,31563,26583,28798, DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.
deposit into the County Treasury
Signed: '. Date?r
SigneBa. '" + Ft•` t'E. _i°r Signed: -s"/
Title: Acct. Clk.Adv EXT.3-2344 oeputycounty�,faitoi Deputy County Treasurer
D-34 Rev.(7-93)
COUNTY OF CONTRA COSTA c"
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA � t '
TO THE TREASURER:
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
DP05 03022 BA 29538 003520 9660 REV 5B0015 770.00
TP 07 00042 BA 35590 5B051X 853.33
DP 02 03052 BA 21842 000651 6L080A 335.57
SD 05 09059 BA 31600 6L0033 139.73
SD 92 07713 BA 14581 6L0077 15.55
SD 07 09189 BA 35127 6L0033 317.94
FS 06 00080 BA 34074 6L83PV 285.46
EL 05 20217 BA 29929 GLO81 F 69.66
GLO82D 311.90
FS 06 00081 BA 34127 6L83PV 810.60
FS 07 00086 BA34509 1,807.77
VR 07 01072 BA 35822 6LO44X 1,026.69
003520 513044X . 1,878.47
LP 07 02059 BA 35622 5B027B 1,267.91
ZI 07 11935 BA 35475 58060C 59..54
ZI 07 11934 BA 35474 • . y 221.14
Explanation: TOTAL $
BA's 21287, 35497,33515,33124,34326,33137,28448,29955, ;. DEPOSIT
Deposit consists of the following items
31984, 27427,34347 COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT r
PERMIT DP
NUMBER
DATE
- d
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.
deposit into the County Treasury
Signed: ��^1 `_Date/: /4,.
Signed:'`%, i' 1 °ii,t$9gned:
Title: Acct. Clk.Adv EXT.3-2344 Deputy County Aodhor Deputy county Treasurer
D-34 Rev. (7-93) A
i�r ,
COUNTY OF CONTRA COSTA a�
° DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER `;: '
MARTINEZ, CALIFORNIA Al
TO THE TREASURER:
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
t�9 io
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
VR 07 01059 BA 35445 003520 9660 REV 5B044X 177.21
DP 07 03057 BA 35438 6B0014 959.44
LP07 02050 BA 35418 5B049X 871.70
LP07 02043 BA 35265 5B0031 1,735.96
TP 07 0031 BA 35258 5BO51X 548.94
LP 07 02039 BA 35169 580024 373.78
TP 07 00026 BA 35054 5B051X 227.29
ZI 07 11831 BA 35022 5BO60C 486.14
VR 07 01036 BA 34997 5B044X 118.58
ZI 07 11730 BA 34438 9c 355.74
VR 07 01004 BA 34257 58044X 117.12
VR 06 01086 BA 33715 284.40
DP 06 03075 BA 33674 58047D 2,219.09
5B036X J 404.57
LP 06 02066 BA 33616 5B049X 504.00
MS 04 00005 BA 26583 s v v 5B0034 381.59
Explanation: TOTAL $
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $.
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
Fx .: f
DEPOSIT e 1, ,®
PERMIT DP . ,. d d 4;r' C�
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.
deposit into the County Treasury
'Signed: ' 1 Date
Signed` `'y,.I t.' Q.'� •'tr; r: v.'. '` �Sned:
Title: Acct. Clk.Adv EXT. 3-2344t ou J" _
t Y Dep ty County A4�ItorJ!� Deputy County Treasurer
D-34 Rev.(7-93) I r'
COUNTY OF CONTRA COSTA ;-
• DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER . !
MARTINEZ, CALIFORNIA i '•-`
TO THE TREASURER: y !
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
9 i
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
LP06 02064 BA33629 000651 9660 REV GL0029 .230.52
003520 5B0029 325.02
LP05 02098 BA 31563 1, 5B0014 9,756.81
000651 GL0014 2,307.30
EF 05 000616 BA 29951 GLO83A 1,758.47
Ind 950621 Rosenberg 000672 9755 6U2404 38131
GU5600 3,716.04
Ind 907876 Davi GU2600 50.00
LP 02 02068 BA 21287 003520 9660 5BO60C 771.89
ZI 07 11942 BA 35497 . 20.95
ZC 06 00704 BA 33515 51301 3X 119.75
DP 06 03059 BA 33124 5B036X 379.46
LP 07 02007 BA 34326 • 580029 1,126.84
000651 GL0029 1,168.26
FS 06 00073 BA 33137 6L83PV. 896.53
003520 513060C 1,747.50
Explanation: TOTAL $
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT !',? �� y f
PERMIT DP `�� `
q
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.
1 deposit into the County Treasury
Sighed: I .:t !i t .(Date /=.:•
? Signed =_,�• i1Kl Signed:
Title: Acct. Clk.Adv EXT. 3-2344 DepEty coup y Auditor Deputy County Treasurer
D-34 Rev.(7-93) r
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER ( r
MARTINEZ, CALIFORNIA
TO THE TREASURER: -
RECEIVED FROM
Public Works ORGANIZATION NUMBER G60
an.z a
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
FS 05 00038 BA 29955 000.651 9660 REV 6L83PV 2,949.81
EF 05 00625 BA 30997 GL72RP 1,500.00
EF 06 00605 BA 31984 6LO83A 891.19
UPS Reimb 004504 2103 SAS 904SAS 12.41
EF 04 00626 BA 27427 000651 9660 REV GL083A 2,508.41
61_72RP 570.93
GLO83B 6,086.61
SD 07 09174 BA 34347 003520 y 5B0033 9,451.09
Trust Fund 819800 0800 1,000.00
000649 9665 29,546.75
Explanation: TOTAL $
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT ! +4
:.; .I
PERMIT DP j s; d •�,
NUMBER ,
DATE G cA lf .' fli�
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.
!deposit into the County Treasury
Sigi?ed:r: Date"
t cSigned:t: fbil. `r Signed:
Title: Acct. Clk.Adv EXT.3-2344 '
r>ep��tyCountyAutYltor 4Deputy County Treasurer
D-34 Rev.(7-93) r
819800-0800: G1232461, $1,000.00, DA 05-00052, Cash Performance
Bond, Danville Tasajara Partners, LLC, 6121 Bollinger Canyon Rd., Suite 55,
San Ramon, CA 94583
0649-9665 / 112300: G1231462, $6,900.00, , DA 05-00052, Landscape
Inspection, Danville Tasajara Partners, LLC, 6121 Bollinger Canyon Rd., Suite
55, San Ramon, CA 94583
0649-9665 / 112300: G1231472, $7,400.00, LP 05-2036, Inspection Fee
Deposit, Fillner Construction, Inc. 4470 Yankee Hill Rd., Ste 200, Rocklin, CA
95677
0649-9665 / 112300: G1231473, $500.00, RS 3243, Record of Survey
Deposit, Dena & Paul Sauer, 1122 Rahara Dr., Lafayette, CA 94549
0649-9665 / 112300: G1231474, $10,000.00, M5 06-0026, Improvement
Plan Check, Cal Enterprises Const., 2460 Holly Oak Dr., Danville, CA 94506
0649-9665 / 112300: G1233093, $4,015.16, EF 04 00626 BA 27427,
Review, Western Pacific Housing KB Home- South Bay Pacific Communities, .
2300 Clayton Rd., #800, Concord, CA 94520
0649-9665 / 112300: G1233075, $631.59, FS 04 00022, BA 28798, FC Plan
Review, Pinn Bros Construction, Inc, 1475 Satatoga Ave, Suite 250, San
Jose, CA 95129-4959
0649-9665 / 112300: G1231693, $100.00, Security Deposit #46, #47, Paul
O. Webb, 943 Everett ST., EI Cerrito, CA 94530
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code §66462 and §66463)
Subdivision: DA 05-00052 (cross-ref SUB 8331) Effective Date:
l8 2008
Subdivider: Danville Tassaiara Partners, L.L.C. Completion Period: 2 year
THESE SIGNATURES ATTEST TO THE. PARTIES'AGREEMENT HERETO: DANVILLE TASSAJARA PARTNERS,LLC:,
a Delaware limited liability company
CONTRA COSTA COUNTY SUBDIVIDER:By: Lennar I-lomes of California, Inc.
a California corporation,
Maurice M. Shiu, Public Works Director
Its Managing Member
B . 0
Brian G. Olin,Vice-President
RECOMMENDED FOR APPROVAL: (�
By: David Geist, Asst. Secretary
Engineering Services Divi I n
FORM APPROVED: Victor J. Westman, County Counsel
(NOTE:All signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code§313.)
1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and the
above-mentioned 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 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 §§66410 and following), in a good workmanlike 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 plans and the County Ordinance Code, the stricter
requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Code, provide as security to the County:
A. For Performance and Guarantee: $ 1.000.00 cash, plus additional security, in the amount of
$79,200.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented
in the form of:
Cash, certified check or cashiers check.
XX Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 40.100.00 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
XX 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 Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and §94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-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.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform 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 other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant
establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County.
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 and/or materials, or approval of 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 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.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted 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 orthreatened
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 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 actor 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 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 form any negligent orwillful misconduct of
any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections 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
County 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 Agreement, and
subsequent extensions, 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 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 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 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 and record the Final Map or Parcel Map for said
Subdivision.
kv.lap
G:\GrpData\EngSvc\FormsWG WORDWG-30A.doc
Rev.May 18,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of CALIFORNIA
County of CONTRA COSTA ss.
On January 29, 2008 before me, Catherine M. Taylor, Notary Public, personally appeared
Brian G. Olin, who proved to me on the basis of satisfactory evidence to be the person(O whose
name(s) is/are subscribed to ,he within instrument and acknowledged to me that helshelthey
executed the same in his/hors authorized capacity(ies}, and that by his/her,4heir signature(o on
the instrument the person(}, or the entity upon behalf of which the person(O acted, executed the
instrument.
I certify under PENALTY OF PE=RJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
CATHEROMIR M- TAYLO92
C®Pv�1Mi 10dan U 17151363
Zi o Maoavv Pmbooc -c®BE9®onm
WITNESS my hand and official seal. comm 00890 counob
(Signature of Notary Public) Place Notary Seal Above
OPTIONAL
Though the information below is not required by law;it may prove valuable to persons relying on the document and could
prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Contra Costa County Subdivision Agreement(Right-of-Way
Landscaping) DA 05-00052 (X-ref SUB 8331) aka Bio Retention Cell Landscaping
Document Date: Undated, bond signed January 23, 2008 Number of Pages: 2
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: Brian G. Olin
❑ MMIM! 109111"ON=
Individual •
® Corporate Officer—Title(s): Vice-President Top of thumb here
❑ Partner- ❑ Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing: Lennar Homes of California, Inc.
a California corporation
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of CALIFORNIA
County of CONTRA COSTA ss.
On January 30, 2008 before me, Catherine M. Taylor, Notary Public, personally appeared
David Geist, who proved to me on the basis of satisfactory evidence to be the person( whose
nameko islare subscribed to the within instrument and acknowledged to me that he/shelthey
executed the same in hisiher/thei authorized capacity{ies_), and that by hisi"�eir signatures)on
the instrument the person(s), or the entity upon behalf of which the person(o acted, executed the
instrument.
I certify under PENALTY OF PE=RJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
�� (�Q4blIC1UCJC# M. VAVLOD
COMMOMDan 0 V 716969
0001@7V PUNIC -Colliourft
WITNESS my hand and official seal. `"` G®nuQo coda Count
(Signature of Notary Public) Place Notary Seal Above
OPTIONAL
Though the information below is not required by law;it may prove valuable to persons relying on the document and could
prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Contra Costa County Subdivision Agreement(Right-of-Way
Landscaping) DA 05-00052 (X-ref Sub 8331) Intervening, Danville
Document Date: Undated, bored signed January 23, 2008 Number of Pages: 2
Signer(s) Other Than Named Above: Brian G. Olin, Lennar Homes, Its Vice—President
Capacity(ies) Claimed by Signer
Signer's Name: David Geist
❑ Individual • Lem]11 a
® Corporate Officer—Title(s): Asst. Secretary Top of thumb here
❑ Partner- ❑ Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing: Lennar Homes of California, Inc.
a California corporation