HomeMy WebLinkAboutMINUTES - 05132008 - C.5 y \ °�
TO: BOARD OF SUPERVISORS :��---�`•,, =r__=;�. Contra
A.;•:
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTORCosta
Olt
DATE: May 13, 2008 County
SQA COUN
SUBJECT: Approve the Final Map and Subdivision Agreement for Subdivision 03-08784, Martinez area.
(District II)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/�� 1 for Subdivision 03-08784, approving the Final Map and Subdivision
Agreement, for project being developed by Janin Associates, Inc., Martinez area. (District II)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Public Works has reviewed the Conditions of Approval for Subdivision 03-08784, Phase I and has determined
that all conditions for final map recordation have been satisfied.
CONSEQUENCES OF NEGATIVE ACTION:
The final map will not be recorded.
Continued on Attachment: ✓ SIGNATURE:
_ ECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
PROVE THER
r
SIGNATURES
ACTION OF BOA ON APPROVED AS RECOMMENDED��OTHER
VO 16 OF SUPER I herebycertify if that this is a true and correct
(
UNANIMOUSUS(ABSENT )
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
date shown.
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G:\EngSvc\B0 )008`.05-13\BO-21 SD 03-08784.docx /
Originator:Public Works(ES)
ATTESTED:
Contact: 1'.Rie(313-236363
cc: PublicWorks—Construction JOHN CULLEN, Clerk of the Board of -
Current Planning,Community Development
"r—March 13,2010 Supervisors and County Administrator
Janin Associates,Inc.
957 Stow Lane
Lafayette,CA 94549
Attn:Andrew A.Morse
U.S.Specialty InsuranceCompanyBy , eputy
9841 Airport Blvd.,9' Floor
Los Angeles,CA 90045
Attn:Nhung If.Nguyen
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 13, 2008 by the following vote:
AYES: Gioia,Uilkema,Piepho,Bonilla&Glover
NOES: none
ABSENT: none
ABSTAIN: none
- - RESOLUTION NO. 2008/`.5 K 1
SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 03-08784,
Martinez area. (District II)
The following documents were presented for Board approval this date:
I. Map
The final map of Subdivision 03-08784, property located in the Martinez area,
Supervisorial District II, said map having been certified by the proper officials.
II. Subdivision Agreement
A subdivision agreement with Janin Associates, Inc, principal, whereby said
principal agrees to complete all improvements as required in said subdivision
agreement within two years from the date of said agreement. Accompanying said
subdivision agreement is security guaranteeing completion of said improvements
as follows:
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
Supervisors on.the date shown.
IiS:jc
G:\EngSvc\B0\2008\05-l3\B0-2l SD 03-08784.docx
Originator:Public Works(ES) ATTESTED:
Contact: 1'.Ric(313-2363)
cc: Public Works—Construction JOHN CULLEN, Clerk of the Board of Supervisors and
Current Planning,Community Development
T—March 13,2010 County Administrator
Janin Associates,Inc.
957 Stow Lane
Lafayette,CA 94549
Attn:Andrew A.Morse B , Deputy
U.S.Specialty Insurance Company
9841 Airport Blvd.,91"Floor
Los Angeles,CA 90045
Attn:Nhung H.Nguyen
RESOLUTION NO.2008/33 p Z
SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 03-08784,
Martinez area. (District II)
DATE: May 13, 2008
PAGE: . 2
A. Cash Bond
Performance amount: $1,100.00
Auditor's Deposit Permit No. DP 501845 Date: April 24, 2008
Submitted by: Janin Associates, Inc.
B. Surety Bond
Bond Company: U. S. Specialty Insurance Company
Bond Number: 1000797201 Date: April 17, 2008
Performance Amount: $109,800.00
Labor& Materials Amount: $55,450.00
Principal: Janin Associates, Inc.
III. Tax Letter
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 2007-
2008 tax lien has been paid in full and the 2008-2009 tax lien, which became a
lien on the first day of January 2008, is estimated to be $26,100.00, with security
guaranteeing payment of said tax lien as follows:
• Tax Surety
Financial Institution: American Contractors Indemnity Company
Bond: 1000782874 Date: February 1, 2008
Amount: $26,100.00
Submitted by: Janin Associates, Inc.
NOW, THEREFORE, THE FOLLOWING IS RESOLVED:
1. 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.
2. That said final 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.
3. That said subdivision agreement is also APPROVED.
All deposit permits are on file with the Public Works Department.
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vOJD. AFTER s ..':;.'' `.::;6!5108 4121108 CHIC$4T:60 8784.
Tax Collector's Office William J.Pollacek
625 Court Street Contra County Treasurer-Tax Collector
Finance Building, Room 100
P.O. Box 631 {- Russell V.Watts
Martinez, California 94553- Costa Chief Deputy Treasurer-Tax Collector
0063
(925)957-5280 County Joslyn Mitchell
(925)957-2898 FAX 1 Tax Operations Supervisor
5 L
. Sr'a COl71y�
Date: 4/21/2008
IF"PHIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR
COLLECTION (R&T CODE 2608) THIS LETTER IS VOID.
This will certify that I have examined the map of the proposed subdivision entitled:
Tract 1 MS# City T.R.A.
8784 MARTINEZ 76051
Parcel #: 159-190-024-4 159-190-031-9 159-230-004-8
and have determined from the official tax records that there are no unpaid County taxes heretofore
levied on the property included in the map.
• a.
The 2007-2008 tax lien has been paid in full. Our estimate of the 2008-2009 tax lien, which
became a lien on the first day of January, 2008 is $26,106.00
This tract is subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal
tt calculate a segregation,is
The arnount calculated is void 45 days from the date of this letter, unless this letter
is accompanied with security approved by the Contra Costa County Tax Collector
Subdivision bond must be presented to the County Tax Collector for review and approval of
adequacy of security prior'to filing with the Clerk of the Board of Supervisors.
WILLIAM J. POLLACEK,
Treasurer-Tax ole for
By:
1i
BOND NO: 1000782874
PREMIUM: $783.00
SUBDIV.1si6N TAX BONI)
IiNECUTED PIIRSUAN•r TO REQUIFZEp9EN-I-PON SECURITY tiNOElt"I'IIE
C.•11.IPOItN1� 1_,111'RLI..-1•rtNC;TO tiUt3DI�ISIC115
I:no� Ml I.-len by These Presents:
That wc. ,lapin . Associates. ' Inc._ '--_-.Calif6m a_. Compr_ttipn. as principal. and
AMERICAN CONTRACTORS _INDEMNITY COMPANY a corporatioit. duh or(ran' ed alJ() doling
business under and h%, t ire of the Isms of,the .Stall of California, and rhth licensed for the purpose o�makiliv.
euavanfeeinc or becoming sole sur tv upon bonds or undertakitws required or authorized by the laws of the State ol,
California. as Surety. are held and dimly bound WHO the COUllt\' of Contra Cost: in the sum of_. Twenty-Six
Thousand. Ont Flundred and 00!100's Dollars (S_6.100.00) lawful money of the United States of America. for dw
payment whereof'wll and Indy to be made. we bind ourselves. our heirs. executor, successors and assigns.,jointly
and several!.•. linuly bt these presents.
1-1.11'CONDITION OF fl1f.: FC)RI:GOING 0131-1GATION 1S SUCH THAT.
WHEREAS. The owmr W of a division of land representing a certain subdivision of real estate, to wit:
Subdivision S784 map intend(s) to file a map thereof wilh the Recorder of Contra Cm to County: and
WHEREAS, -there are no liens against the subdivision or any part thereof for unpaid state, county.
municipal or other local taxes or assessments collected as taxes except taxes or assessment not yet payahle: and
WTI EREASThe provisions of'the Government Code of the State of California require that this bond be
filed with the Clerk of the Board W'Supen,isors of Contra Costa Coanty prior to recordation of the Iractiparcel ntap:
NOW. THE•RFORE. If die above-bounden principal shall pay When due all taxes and assessments.which al
the time of tiling said map, are a lien against the subdivision. or ani? par( thereof. but not vet payable then this
obliention shall be cull and void:otherwise to remain in full force and effect.
The obligation of the.surety hereunder shall arise immediately upon the failure of the above-bounden
principa) Io pay when due to the County of Contra Costa the aforesaid taxes and assessments and shall remain in full
force and effect until said taxes and assessments. including any supplemental assessments,ate paid in full including
any penalties incurred.. In respect W such obli^_atior the surety Nvaives the benefit of the provisions of Section
of the Civil Code of California.
Il'legalaction is required to recover under this bond. the protection afforded by it shall cover the payment
of reasonable aaorney fees.
Signed and sealed this bond. the protection afforded by it shall cover the paymem of reasmable attorney fees.
Signed and sealed this IST day of FEBRUARY .?008
BOND Nt 1` = 10 782 4
Jut, C �, Pride al, JANI ASSOCIATES, INC.
By :.
B�
rs
3 Fl Ova WA- Uitolqu,_0
before a Notary PublicTitle
(Title)
Ad testi
a } Telephone No.
DATE: x �-
BOND REVIEWE AND APPROVED AMERICAN CONTRACTORS INDEMNITY COMPANY
CONTRA CO TA OUNTY Surety
TREASURE A OLLECTOR 9841 AIRPORT BLVD, 9TH FLOOR
BY: LOS ANGEL, CA 90045--
Address
0045 -
.Address of Surety
ELIZABETfi A. JUAREZ
Title ATTORNEY IN FACT
—- -
, i
i
CALIFORNIA ALL-PURPOtSE
CERTIFICATE- O.F ACKNOWLEDCA IENT
• I
State ( f California'
i C(ltlni) (r( SACRAMENTO ---
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01) 2/1/2008 bc:foly 1110. N111ING 11ONC NCITYL_N, NOTARY_..PUBLIC
__--__-,__-,__
I ----- -------- (Iltic Insert nluuramd Illk of lilt-(I III ccr) — --
pers(rnalll ttppcarcxl ELIZAIIETII A. JUAREZ
who (lrcwC!(1 to rile oil the basis of satisfactory evidence to he the pel-son(s) whose nanle(sj is/;I1•c' suhu;rlbed to
the lv011in [fistrunlenl luld acklimviedged to flee thtl( he/She/the]" eXecLile I the Sallie III his/hef/lllcil' til.tlllcll'IZCCI +
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C111)aILII�'(leti). VIII(( that 11,,' (Il:ii(1Clilil( il' til('11,1tt.11—c(S) oil 111C' I!Isil-lilliew tile' (11' tl1C' CI1tl(1' lll)(111 I)ci1111( (lf '
whlCh the pet'SOII(S) dGlc((. CXMIted the IIlSt111111elll.
I un(Icr PE'NAI -TY OF 1'Ia\..ILIRNI" (tilde)' the hews of the Stals 0f'C,IIi(6I-Bill that the forC210111' para<-l-aph i
IS true an(I COI'rec.t. 'NHUNG HONG NGUYEN
Comm.#1495152 'A
NOTARY PUBLIC-CALIFORNIA UI
WITNI:SS Illy hand and official seal. swatoentoCounty
My Comm.Expires JUNE 11,2008
I.
( 4 (Notion Sad)
SlEtnaurc of titre uhlic i
41)ill'1'IC►NAI-. C)l'TlON:41 1NTUl04ATION
IN.ti'r Rt)( I'IO'.�S I"C)I; L'Ol tI'I I_:rlr�ca THIS r ORfvI
."lar nrd'nmrkdmcru conydele i in Col!Inrnio mus! comoin rcri tor, v.+'nr•rlt n.
DESCRIPTION OF THE ATTACHED DOCILWENT appears above in Ili(- noian•section of a separate acknou•lerl,inew /ora+ urirsr be l .
properhv completed and arrnched to than document. The onh exception r.+ if n
doc:unrem is to he recorelerl outside q/Cali(bruin. hr such instances. ani alternative !
acknmeledgmem verhiq,r as um,r hrprimed nn such a document so 11m as /he
(1 itic ur desenpuon of attached document) verhrage does not require Ihe noiai-v to do some•rhrnl; than is illeral for a oaten,ht
Cali/ornirr (i.e cervi/i mg rhe aullurrced cnpacim (I/the .rrgner). /'/case check die
-- (Title or description of allache:d document continued) docuniem care il/h Jin proper notarial u•rn-durg curd rntoch this fbrrrr ifrequh erl.
• Slate and Count) :-,formation mus!be Ilio Stale and County where the CIOemnenl
NUnlber of Paces -- Document Dale-- — sianer(s)neisonalIN'appeared before life notary public li i acknowledentenl.
• Date of notarization must be the(fate that life stener(s)personal]+ appeared++titch
_ mist also he the same date the acknowledgment is completed.
(Additional in)brmalion) • T-he IIOUIN public nntSI print his or her name aS it'appears within his or her
commission lollrnved br a comma and then vnur line(notary puhhcl.
• :Print the namc(s) of documenl signer(s) who per:sonallr appear al the lime of
notarization.
CAPACI'W CLAWED B)'THESIGNER Indicate the correct singular of plural fornis b),crossing off urc:oirecl linins (i.e
r l he/She/fifer is/ace)Ol circlilig[lie collect lorms.Failure to correct]+•nxlicalc Ibis (I
El Individual(S)
information may lead to rclection of document recording.
Corporate Officer l"hc notar'1' seal impression must be clear and pholoeraphically reproducible.
Impression must not cover icxi of lines. If seal impression snnrlges. rt--seal if a
('rade) sufficient area permits,.Otherwise complete a diflcient acknowledeme.ilt ionto
_ t'artner(s) Signature of the notary public nmust match the Signaure on file with the offwc of
the eoumv clot:
— nt1Ot'17e1' In FICI Additional inibrmation is not required but could help to enSurc this
_' ,t-i'llSlee(S) acknowled^mew is not misused oi.anached to a differenl document.
Othet Indicate title or l)'pe of attached document,number of paces and date.
Indicate• the capacity claime(I by life signer. If the clatnte(I capacit+
corporate officer.indicate life title(i.e.CEO:CFO.Secretar),). j
• Securcl),attach this document to(tic Signed docuntcnt
2008 Version CAPA\,1''.10.(17((10473-9865 wwvr.NotarvC'laSSeS con
-
Amerlcan Contractors::Indemn><ty:Company
9841 Airport Blvd.,.9'.'Floor.Los Angeles,California 90045
POWER OF ATTORNEI': .:'
KNOW ALL.MEN BY THESE PRESENTS: _
That-Americari.Contractors'Indemni Coin an of.t..e,'3tate.of.California a:California co oration- does hereb .a.. oint
ty.. P....:.Y..... P ,
Y. PP
Eric J.Fe ors.Shcryl.Smith;K�m::Parry,E iz.abetb;;'A:Juarez,Matthe���I Bcernam
ert,Rosemary Maddalena;
r ,...
_ -.: .-.... . . -. • _ ; 'o Nhungg H:Ngguyen of Sacramento;California-
its true and lawfiul Attorney(s)-in-Fact, with full authority to execute on its behalf bonds,'undertakings, recognizances and other contracts
7.
of indemnity'and writings obligatory rn the nature thereof, issued:in the course of its business and to bind the:C ompany thereby, in an..
*****3 OOq'0..00:00*.*;***.' This Power:of Attorne shall ez ire without:'•filrther action ori.March'..:.
Amount not 46 exceed $ , . _ = Y '....:. ...P .
2 `-
18 ..01.1..: -
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority,of the following Resolution adopted by .
the Board of'Directors of AMERICAN CONTRACTORSINDEMNITY COMPANY at a:`meeting duly called and held nn the 6`.h.;day of-_
: 1�
.. December J90 ; ;; :::::: . ::,=_ _ : . ,. �::...::: .:.:.:.: _ -
RESOLVED that the Chief.Executive Offtcer;President or any`Vice President,Executive-Vice Presiclen Secretary or Assistant Secretary,.s•h-all 1 4i{ie--'
power and at+thor•in
:. -..
:
To appoint Attgriie s-il:-Fact cirri to':'aiithorize'tlierrr•to''ezecr+te on=lie{ial;.o=the Corr any; und`attach the-seal-a the'Com pan -:Thereto
.....
hondsand.undertakirr s,contracts o indemnity and other tiiritirr s o6Yi afiii` in I anature'ihereo :Q d,
2. To remove,at anytime,airy such Attorney-in-Fact and revoke the authority given. ..:
:
RESOLE ED FURTIIER;"tlrat,tlre srg+urtures Wf i,=eJr �cets_crnd'tlre seal.nf the Conipmit}.+ir�ry be ciffrxeil to,agy sue Polver'6V 110.rncy pi certificate;.'.
relating t{rereto by facsimile, an any st+eh Pox er_oJ•Attorirey or cer tr�eatc_benring:st+cur facsrrrrrle.sigrratrrres:or facsinrile.seal shall he valicl uncl::brncirng .
:+pon The.:Cornlianv and nriy Stich ioiver•so eaecitte l cind'certi!eit-b acsiinile.signa ires=and faesiinile seal sh_cill be:valid arrci biridi+rg.•i+pori:llre'co
1 f.. Yf .
in the fiaur•e with respect to any bond or;rtrdertaking to whic{r it is attached.".
IN WITNESS WI:IEREOF Amer►carr Contractors-Inde mri.ity Company has;,caiised;!t scal':to:�be affixed hereto-:and ezecuted;by It
President on the lrid day of January,:2008.
;::... �1acroef� ,,,:.,'::. . ::..:::.::.... AMERICAN CONTRACTORS INDEMNITY COMPANY.-:.;':. :
SEP 28,1990 < .... .
-: StATE:OI'CALIFORNIA... . ....,:.
B
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COUNTY OF LOS ANGELES : •� § . Y
Adam S.Pessin,President
On t 'is.grid,day.of,Jan6iy,2008,before;iri&;,'Deborah Reese;=a notary public;personally appeared Aclam S,Pessin;President of American'.......:
Contractors Indemiity ,Company,. who proved to me on;the basis of satisfactory evidence to::be,the persons).whose name(s)..i§/are
: _
subscribed'to the 'within "instrument and aekniiwledge:d to me that}ie/she./they executed tui=e sarrle.in his/her/their 11►ithorized ctipacity(ies),
and.:that by his/her/their signature(s):.on. the:instrument.the.person(s),or the entity upon behalf of which the person(§)acted,executed the
instrument:: = _
.....:. .. .. ...
I certii' t iider PENALTY'OF PER URY._under tf.laws:of-fhe:-Stateof (alifcirnia%': `.that the.:foregoing paragraph is(rile and correct.';''`;
WTTNESS my hand and official seal.. pF�'Ba' 'RFES
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Signatwe: ✓1 (. )..:.
comr�� 13,2011
•
[ Jeannie J.Kim;Corporate:Secretaryof American.Contractors.Indemnity Company,do hereby certify that the Power of Attorney and the
resolution adopted by the Board.of Directors of said Company as set forth above;.are true-61f transcripts :an( that•neither
the said io W:ofAttorne -nor.the resolution:`have,b6e-n revoked-and.the are°now;in full force and effect.
Y...
IN WITNESS HEREOF,I have hereunto set my hand this IST day of FEBRUARY ;200 8.
. ..:. . . . . .
Bond No 1000782874:`= :
::. = _;.
earn :'J:•Kim.Co orate Sec
Agency No..9010.
...: .... _.: .. ...... ..........: - -_ _ - - Rev POA01/01/08 -
:
State of California )
County of Contra Costa )
On April 11, 2008 before me,
A.J.Booth , Notary Public (here insert name and title of the officer),
personally appeared Andrew A. Morse
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s�iare subscribed to the within
instrument and acknowledged to me that h she/they executed the same ir�h3 her/their authorized capacity(ies),and that
by;;hislher/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
WITNESS my hand and official seal.'
aa.` __ A.J. 8001 H
V COMM. #1670476
Signature (Seal) 3; NOTARY PUBLIC-CALIFORNIA
CONTRA COSTA COUNTY (�
COMM.EXPIRES JUNE 24.2010
(notary)(12-07)
State of California )
County of Contra Costa )
On April 22. 2008 before me,
A.J.Booth , Notary Public(here insert name and title of the officer),
personally appeared Robert Stephens
who proved to me on the basis of satisfactory evidence to be the person(s)whose names `Is%are subscribed to the within
instrument and acknowledged to me that le/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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature L �/J�` (Seal) - A.J. BOO—ru
COMM. #1670476
(� NOTARY PUBLIC-CALIFORNIA
CONTRA COSTA COUNTY (�
" COMM.EXPIRES JUNE 24,2010 'd
(notary)(12-07)
Subdivision: 8784
Bond No.: 1000797201
Premium: $2,196.00
Any daim under this Bond should be sent
to the following address:
9841 AIRPORT BLVD., 9TH FLOOR
LOS ANGELES, CA 90045
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance,Guarantee and Payment)
(Gov.Code,§§66499-66499.10)
1. RECITAL OF SUBDIVISION AGREEMENT.The Principal has executed an agreement with the County of Contra Costa(hereinafter Counly')to
install and pay for street,drainage and other improvements in Subdivisions as specified in tie Subdivision Agreement,and to complete said work within the
time specified for completion in the Subdivision Agreement,all in accordance with Slate and local laws and rulings thereunder in older to satisfy conditions for filing of
the Final Map or Parcel Map for said subdivision..Under the terms of the Subdivision Agreement,Pnncipal is required to furnish a bond to secure[lie lailhhil
performance of the Subdivision Agreement and payment to laborers and malerialmen.
2. OBLIGATION. JANIN ASSOCIATES,INC. as Principal,
and U.S. SPECIALTY INSURANCE COMPANY a corporation organized and exisling
under the laws of the State of TEAS and authorized to transact surety business in California,as Surely,hereby jointly.and
severally bind ourselves,our heirs,executors,administrators,successors and assigns to the County of Contra Costa,California to pay it:
(A Performance and Guarantee) One Hundred Nine Thousand Eight Hundred**- Dollars
(y 109,800.00 ) for itself or any city assignee under the above Subdivision Agreement.
(B. Payment) Fifty-five Thousand Four Hundred Fifty—" Dollars
1$ 55,450.00 1 to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Pad4 of Division III of tie Civil Code of the
Stale of California.
3. CONDITION. This obligation is subject to the following condition.
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 pedorh the covenants,conditions and provisions in the
said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at Ihefime and in the manner tnerein 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 cited.
As part of the obligation secured hereby and in addition to tie face amount specified therefor,here shall be included costs and reasonable
expenses and fees,including reasonable attorney's fees,incurred by the County of Conle Costa(or city assignee)in successfully enforcing such obligation.and to be
laxed as costs and included in any judgment rendered.
B. The condition of this obligation,as to Section 2.(B)above,is such that said Principal and the undersigned as corporate suety are held
firmly bound unto the County of Contra Costa and all contractors,subconlrados,laborers,malerialmen and other persons employed in the perfohmamce of the
aforesaid Subdivision Agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the
Unemployment Insurance Act with respect to this work or labor,and that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth,
and also in case suit is brought upon this bond,will pay,in addition to to face amount thereof,costs and reasonable expenses and fees,including reasonable
attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,to be awarded and fixed by the court,and to be
laxed as costs and to be included in the judgment therein rendered.
Us hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies,and corporations entitled
to file claims under Title 15(commencing with Section 3082)d Part 4 of Division 3 of the Civil Code,so as to give a tight of action to hem or their assgns In any suit
brought upon this bond.
Should the condilon of this bond be fully performed,then this obligalon shall become mill and void;otherwise it shall be and remain in full force
and effect.
C. No change,extension of time,alteration,or addition to the terms of said Subdivision Agreement or the work to be perfoemed
thereunder orany plan or specifcalions of saidwork,agreed to by the Principal and the County of Contra Costa(o city assignee)shall relieve any Surety from liability
on this bond;and consent is hereby given to make such change,extension of time,alteration or addition without further notice to or consent by Surely;and Suety
hereby waives the provisions of Civil Code Section 2819 and holds itself bound without regard to and independently d any action against the Principal whenever taken.
----
SIGNED AND SEALED on April 17 20 08 NHUNG H. t-'+GUYEN, • O?U1 Y-1N—F&CT
Principal: JANIN ASSOCIATES,INC. surety: U.S. SPECIALTY INSURANCE. COMPANi
Address: 957 STOW LANE Address: 9841 AIRPORT BLVD. , 9'sd vLoor.
LAFAYETTEZip. 94549 LOSW, CA zi 90045^
a --
i
r
B. B —
Print Name: Andrew A.Morse Print Name: Robert Stephens
Title: President Title Sec./Treas.
(Note:All signatures must be acknowledged For corporations,twoofficers muss sign. The first signature mus be that of Its chairman of the board,presdent,or vire-president;the
second signature must be Thal of trhe secretary,assistant secretary,chief financial officer,or assistant treasurer.(CN.Code,§1190 and Corps Code,§313.)1
Form Approved oyCounty Counsel
(Rev.1/061
H:kRnallpwempSec8on0.m 06.wpd
State of California )
County of Contra Costa )
On April 11, 2008 before me,
A.J.Booth Notary Public(here insert name and title of the officer),
personally appeared Andrew A Morse and Robert Stephens
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is;(are ubscribed to the within
instrument and acknowledged to me that he/she%the�i executed the same in his/her%theJauthorized capacity(ies),and that
by his/her/thef0signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
WITNESS.my hand and official seal.
Signature uC.•. (Seal) U, �JdY COMM.8060 s
NOTARY PUBLIC-CALIFORNIA
CONTRA COSTA COUNTY n
r, a COMM.EXPIRES JUNE 24,2010 j
(notary)(12-07)
i
-- —-----—..........
--- ------------- --— —
CALIFORNIA ALL-PURPOSE
I
CERTIFICATE OF ACKNOWLEDGMENT
State of California
Coolly of SACRAMENTO
! On APRIL 17, 2008 before me. KIM D. PARRY, NOTARY PUBLIC
(Herr insert nano•anti lillc of lily officer)
personally appeared NHUNG A. NGUYEN _--
who proved to me on the hasis of satisfactory evidence to lie the person(s) whose name(q) is/are Suhscribed 1:0
the within. instRlment and acknovrledged to me that he/she/they executed the same in his/hel-Alleir authorized
capacity(ies), and that by'Ills/her/their SiVIlatUre(s) oil the illSt1' invent the person(S), OI- the entity Llpon behall'of
which the person(s) acted. executed the instrument.
I certify under PENALTY OF PERJURY Under the laws of the State of California that the foreooin`-,parm,raph �
is true and correct.
1TNF_.SS my hand arc flicial seal. KIM D. PAl,:�`( r,
COti1h1. t 350-793:7 ,.
NOTARY FUrs!_lC--A_' n i! f.1
1 TY~ (Notary Seal) � COMI SACRAMENT
EI AUG.��I��I()� i
Signature of Notan 1' blit �°�" � "te"" "e»+ w�^v^cs- ,••y I
ADDITIONAL OPTIONAL INFORMATION �
IT.STI:UCTIONS POI: CONVI-ETING THIS f C)RN9
flnr acknou•lecgnrew congrleteel m Colilor'nio must contom rerbrage c.caclh as
DESCRIPTION OF THE ATTACHED DOCUN'TENT appears above in the nomrr.rection or a separate ocknowledgme•nt form must be
proper•!r completed and attached to drat clocttment. 7'he only exception is if a
_ BOND NO. IOM-7-97M doc•mnenf is to be recorded outside ofCalifonria. In such instances.am alternative
(Title or description of attached clocuntent) acknowledgment verbiage• as mcry be printed ori such a documew so long as flit-
verbiage
litverbiage(tires not regim-e the notan to da something that is illegal for a norar•r in
Cali(mnia (i.e. cer•ti&ing the authorized copacifil of the signer). Please check the
(Title or description of attached document continued). document care(iflr fior proper notarial+cording and attach this.%rnr t regnired.
i
• State and Caunn' information nuts)he the State and County'where(he document
Number of Pages DOCulllent Date signer(s)personally appeared before the notary public for acknowledgment
• Date of notarization muss be the date that the signer(s)personallp appeared which I
must also be the same date the acknowledgment is completed._
(Additional information) • "rile notanpublic must print his or her name as it appears within his or her
commission followed by a comma and then your title(notan'public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization
I CAPACITY CI_.AIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossin off'incorrect forms(i.e.
1te/shc/(Iter is/afe)or circling the correct forms.Failure to correctly indicate this
Individual (s) information may lead to resection of document recording. i
❑ Corporate Officer The nolan' seal impression trust be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression snrttdges. re-seal if a
(title) sufficient area permits,olherwise complete a different acl:no+vlcdeatcnt lbnm.
_! I'artner(s) Signature of the notary public must match the signature on file with the office of
(he county'clerk.
L' Attorney-in-Fact Additional information is nor required but coUld help to ensure this
(J TRIstee(s) acknowledement is not misused or attached to a dillerent document.
i Other Indicate title or type of attached document,number of pa fes and date.
l Indicate the capacm claimed by the signer. If die cluinted capacity is a
' corporate officer,indicate the title Ke CFO,CFC),Secretary).
• Secureh attach this document to the sinned document
2008 Version C.APA+•12.10 07 800-971-9865 ++\v+c.NotarvClasscs.com
SUBDIVISION AGREEMENT
(Gov.Code,§166462 and 66463) 41'Y2 Suodivision:8784 "Blum .View Estates" EHectiveDate: jV�y(J,
Subdivider. Janin Associates Completion Period: Z years
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER
Mauricebi SN W D
By PrWNana Andrew A. Morse
RECO ENDE FORAPPROVAL, PdntTllb President/
. r
By: Print Name —Robert- St" hens
Engineering Services D1vb Print nue Sec. /Treas.
FORM APPROVED: SWano B.Marchesl,County Counsel (NOTE:An signatures must be adwAvledged.If Subdivider is incorporated,the contract
mutt be fined by two officers.The first signature must be that of the Burman of the
board,president or vice-president;the.second signature must be that of the secretary,
assistant secretary,dile(6nandW officer,or assistant treasurer.(Civ.Code,§1190 and
Corps.Code,§313.)
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of Contra Costa )
AndrewA. Morse and
On the date wrinan below,bebn me,the u deralpned Notary Public,person*teppeand the pasorn(s)alpnkhg above for/Robert Stephens
re proved to me on the basis of wtblacfory evidence)to be @he person(e)wtnoaa nm*s)Wan wbeclbed to tha w"Irutnimy end acknowledged tome abet helsh&V*y
"eaeed the same In Waft f&*auBw ind cspadly(lae),and 1W by W&td rl@natr signiskm*s)on to Yhsbumsnl the pwsorh(s),or dine antsy upon babas of which rhe pe wN3)edea,
asecuted the instrwnent
WITNESS my hand and official feel
Dated: A.J. BOO
U COMM. #1670476
(Notary Seal) Q t NOTARY PUBLIC-CALIFORMA
CONTRA COSTA COUNTY
COMM.EXPIRES JUNE 24,2010
�. PARTIES b DATE.Effective on the above date,the County of Contra Costa,California,(heralnafter'Countyl and the above-mentlDned Subdivider mutually promise and agree
as fotbws concemlrg this SubdlvWbn:
2 IMPROVEMENTS.Subdivider agrees to Instal certain road lmpruvements(both pubic and private),drainage Improvements,signs,street tights,fire hydrants,landscaping and
such other improvements(hdu lhV appurtenant equipment)as required In the Improvement plans for this Subdivision as reviewed and on file with the Contra Costa County Public Worto
Deparbnent,as required by the CandlWns d Approval for this Subdivision,and In Conlon nanhce With the Contra Costa County Ordinance Code,Including future amenaments anereto,t
(hereinafter'Ordinance Code7.
SubdNlder shat complete said Improvements(hereineKer'WorkI wghtn the above completion period from date hereof,as required by the Caiilorn la Subdivision Map Aa(Gov
Code,§§66410 el seq.)In a good worlunernike mariner,In accordance with a=pted construft pndbes and In a manner equal or superior to the requirements of the Ordinance Cooe
and rurtngs made thereunder,and w1we tlhera is a conflict amorg the Imprwar>ant plans,Brae Co onions of Appfoval and ft Ordnance Code,0%stricter requirements shalt govern.
3. IMPROVEMENTS SECURITY.Upon exaarurg this Agreement the Subdlvldarsthal,purawtto Gov.Code§66499 and the County Ordinance Code,provide as security he
Ire County.
A. For PeAormence and Guenntee:i 1 , 10 0. 0 Qsh,pgfa eddgbnei aactald,in the amowt or s1 0 9 , 8 0 0 .PA6 together total one hundred
percent(100X)of the estlmemd coat W the Work Such addwonal umld Y presented In @ha brin of:
Cash,ce ied died or ashlers dhack
—�—Acceptable corporate awed bond.
Acceptable Imvocable laser of credk
with this seauity,Subdivlderguarantees pertomlarce underthls Agreement anti maYttenanceof the Work for one year after Its completon and acceptance against any detective
workmanship or materials a any unsatisfactory perlonnence.
B. For Pa men Security in the amount:s 5 5 r 4 5 0 . 0 0 ,which is fifty percent(50%)of the estimated cost of the Work Such security is presentea h the
form of:
Cash,certified check,or cashier's check
X Aaeplable corporate surely bond. Form Approved by County Course.
Acceptable irrevocable letter of Credit. (Rev.W31
Page i of 2
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!o the
Subdivider.
Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in accordance with
Sections 94-4.406 and 944.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shall be free from defects in material or workmanship and shall perform satisiactonly 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 period 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 establishmentwork for Landscaping installed under this Agreement Said plant establisr.merntwork shall
consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and older pest control and other work determined by the Public Works Department to be necessary
to en sure 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
tans prove to be inadequate in any respect,Subdivider shall make whatever than es ane-necessAry ane-necessaryto accom-ash the Work-as_pr.Odsed.................. . .. .. ....... . ....._.___..__...._._....
7. NO WAIVER BY COUNTY. Inspection of the Work and/or materials,or approval of the Work andlor 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 andlor 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.
5. INDEMNITY. Subdivider shall defend,hold harmless and indemnity the indemnitees from the liabillties as defined in this section:
A. The indemnitees benefitted and protected by this promise are the County and its special districts,elective and appointive ocards,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 personai iniury,death,property damage,inverse concemration,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable
at any time before Courcy reviewed said improvement plans or accepted the Work as complete,and including the defense of any suil(s),action(s),or other proceeding(s)concerning said
liabilities ana 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. Nen-Condltions.Thepromiseand agreement in this section are not conditioned or dependent on whether or not any indemnitee hasprepared,suppiied,orapproved
any plan(s)orspecification(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 party
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 relocati6ns of existing uttifties 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.
4.0. 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.
11. NON-PERFORMANCE AND COSTS. If Subdivider fags 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 acion 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 perfomlance under this Agreement or to recover costs incurred in compieting or maintaining the Work,Subdivider agrees to pay ail alomey's!ees.
staff costs 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,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 transfer:ed to the new
or annexing city.Such city shall have all the this 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.91031
H:iF ina NF`WiLW-S 0Ag mL9.03.wpd
Page 2 of 2