HomeMy WebLinkAboutRESOLUTIONS - 06042002 - 2002-350 C017
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 4,2002 by the following vote:
AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO, 2002/ 3 50
SUBJECT: Approval of a Substitute Subdivision Agreement, Subdivision 4990, Bethel Island
area. (District V)
The following document was presented for Board approval this date:
A substitute Subdivision Agreement with Sosnowski&Associates,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. 384638, dated April 11, 2002 in the
amount of$280,000.00, made by Sosnowski &Associates.
All deposit permits are on file with the Public Works Department.
I hereby certify that this is a true and correct copy of an
G 1GrpData\Eng:ivc\B012002\6-4-02\Sub 4990 BO-24.doc action taken and entered on the minutes of the Board of
Originator:Public Works(ES)
Supervisors on the date shown.
Contact: Rich Lierly(313-2348)
cc: Public works Accounting
-Construction ATTESTED: JUNE 04 , 2002
-T:3-17-03
Paul Sosnowski JOHN SWEETEN, Clerk of the Board of Supervisors
Sosnowski&Associates
240 Canal Street,Suite#5C and County Administrator
San Rafael,CA 94901
Mr.Edward Berman
19 Rosewood Drive By , Deputy
San Francisco,CA 94127
Amwest Surety Insurance Co.
P.O.Box 4796
San Jose,CA 95150
RESOLUTION NO.2002/ 3 5 0
SUBJECT: Approval of a Substitute Subdivision Agreement, Subdivision 4990,Bethel
Island area. (District V)
DATE: June 412002
PAGE: 2
NOW THEREFORE BE IT RESOLVED that said substitute Subdivision Agreement is
APPROVED.
BE IT FURTHER RESOLVED that the substitute Subdivision Agreement with Edward
Berman, as approved by the Board on October 14, 1997, is TERMINATED, the improvement
security bonds-with Amwest Surety Insurance Co. are EXONERATED and the Public Works
Director is AUTHORIZED to refund the cash deposit(Auditor's Deposit Permit No.012725,dated
9/15/78) in the amount of$1,000.00, plus interest in accordance with Government Code Section
530791 if appropriate,to Edward Berman. The cash deposit was made by William Boyd Real Estate
and then assigned by letter dated November 26, 1991 (approved by the Board on March.2, 1993,
Board Resolution 93/91) to Edward Berman and Joan Miura, and then assigned by Interspousal
Transfer Deed dated January 30, 1997(approved by the Board on October 14, 1997,Resolution No.
97/544) to Edward Berman.
RESOLUTION NO. 2002/350
4
SUBDIVISION AGREEMENT
(Government Code§66462 and§66463)
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Subdivision: Principal: a4snotus ass
Effective Date: 0 2rC Completion Period. 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY PRINCIPAL
Maurice M.Shiu,Public Works Director
By: i (Signature) '� s
,�. (Print name&tine) Nom,,
RECOMMENDED FO V A L sad�v 0 0s ' .
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By (Signature)
Eng* eeri ,/rySDIVISIOn (Print Warne&title)
FORM APPROVED- ictor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated,
signatures must conform with the designated representative groups pursuant to
Corporations Code§313.)
1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup "and the above-mentioned
Principal,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Principal 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).
Principal 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, Principal shall, pursuant to Government Code §66499 and the County
Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $ 0,000,00 cash lus additional securit in the amount:. �P Y� $
which together total one hundred percent(100%)of the estimate cost of the work. Such additional security is presented in the fo of:
_Cash,certified check or cashiers check.
_ Acceptable corporate surety bond.
_ Acceptable irrevocable letter of credit.
With this security,Principal 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:$ ,which is fifty percent(50%)of the estimated cost of the work.
Such security is presented in the form of.-
Cash,
f:Cash,certified check,or cashier's check
_ Acceptable corporate surety bond.
_ Acceptable irrevocable letter of credit.
With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or
materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
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4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship 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. Principal agrees to correct,repair,or replace,at Principal's 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. Principal 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(1)year from and after the Board of Supervisors accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY..Principal 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,Principal shall make whatever changes
necessary to the plans 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 Principal of the,obligation to fulfill this
agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply
with any of the terms and conditions hereof.
8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefited and protected by this promise are County and County's 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 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 Principal,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 or willful misconduct of any Indemnity.
9. COSTS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required
thereby.
10. SURVEYS. Principal 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 Principal 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 Principal agrees to pay
all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon
demand.
Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds
to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by.County,even if Principal
subsequently completes the work.
Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal
agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal 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 transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against
Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8
(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision-
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GAGrpDatalEngSvciFornz\AG WORDIAG 30.doc
Rev. October 25,2001
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of tom.
• County of LCI-Alt-
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On � � , �before me ..j �. �
0ale ,,ame and Title of Officer--fe.g..'Jane Do*.Notary f
personally appeared t. .
Names)of Sigm"Js)
' personally known to me–OR–C3 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 b
Y
his/her/their signature(s) on the instrument the person(s), �
or the entity upon behalf of which the person(s) acted,'
HOLLY DAVIS tv .P P C ) �
.. Comm.#13 executed the instrument.
•� NOTARY wBuc• iNAt
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M,c°"'"'•Ex'*"s.�.�.z°°5 WITNESS my hand and official seal.
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OPTION
Though the information below is not required b law it may rove valuable to persons relying on the document and could prevent
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fraudulent removal and reattachment of this form to another document.
Description of Attached Document '
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Title or Type of Document: �.1-1
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Document Date: Number of Pages:
1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
r ❑ Individual ❑ Individual
0 Corporate Officer ❑ Corporate Officer '
Title(s): Title(s):
'❑ Partner—❑ Limited ❑General 0 Partner---❑ Limited ❑ General !
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❑ Attomey-in-Fact ❑ Attomey-in-Fact
0 Trustee _ ❑ Trustee
❑ Guardian or Conservator ': ❑ Guardian or Conservator OF SIGNER
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❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
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EXPLANATION: Y V ` Iq TOTAL $ +
- DEPOSIT
�'' -~' {. `' �► %' �' j "f Deposit consists of the fallowing item
Ae rMi1 0 i ! Mmes 44C 15 L4 6 COIN and CURRENCY $
Ic ►� t _'on) 500 6aw),601 6A 1' /,a CHECKS,M.O.,ETC. $M,
/hi Njt* A/ lhf-Aa koren-&in' BANK DEPOSITS $
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ASSIGNED3
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The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
it int9;the County Tr Bury. acknowledged.
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Signed. �'.'� ' AM Signed.
(U� EXT9_f ____ Depti County&tor I Deputy County Treasurer
D-34 REY(7--93)