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RESOLUTION NO. 27-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANVILLE
Completion of Improvements and Release of Security
Minor Subdivision 97-79
The City Engineer having notified this Council that the
improvements for MS-97-79 have been completed;
NOW THEREFORE BE IT RESOLVED that the improvements in the
above-named development have been COMPLETED, and that the City
Treasurer be authorized to release $ to Martin Diefenbach
as partial payment for the performance of the work in accordance
with the Agreement between Diefenbach and the City dated
PASSED, APPROVED AND ADOPTED this
following vote:
:6th day of May, 1985, by the
AYES:
NOES:
ABSENT:
Lane, May, McNeely, Offenhartz, Schlendorf
_ '~~, ____-/~
MAYOR
CC: Public Works
542 San Ramon Valley Blvd. · Danville, CA * 94526 · (415) 820-6337
AGREF~ENT BETWEEN MARTIN DIEFENBACH AND
CITY OF DANVILLE FOR RELEASE OF SECURITY
FOR SUBDIVISION IMPROVF~ENTS (MS 97-79)
This Agreement is entered into this
1985 between MARTIN DIEFENBACH ("Diefenbach") and the CITY
OF DANVILLE ("City").
RECITALS
This Agreement is based on the following facts:
1. Antioch I. Ltd., a limited partnership, was the
developer of a 4-1or subdivision located off Alamo Way in
Danville designated as MS 97-79. As a part of the subdivision
approval, Antioch I. entered into a Subdivision Agreement
with the County of Contra Costa dated May 12, 1981. The
Agreement was secured by a $1000.00 cash deposit, a performance
bond for $31,400.00 and a work and materials bond for
$16,200.00. Antioch I. failed to construct the improvements
required by the Subdivision Agreement.
2. Upon its incorporation, the City became the successor
to the County. The City obtained the release of the $31,400.00
performance bond for MS 97-79 from the surety, Indemnity
Company of California, and has held the funds received in
a trust account.
3. Diefenbach is a successor-in-interest to Antioch
I. He has completed the required subdivision improvements
in MS 97-79 based on an understanding with the City and bond
holder that he could be compensated from the proceeds of
the $31,400.00 performance bond.
4. On/~j ~' , 1985 the City Council accepted
the subdivision/~mprovements for MS 97-79 as complete.
5. The procedures of the release of subdivision improve-
ment securities are set forth in Contra Costa County Ordinance
Code sections 94-4.406 and 94-4.408, adopted by the City
by reference.
NOW THEREFORE, the parties agree as follows:
1. Diefenbach warrants that as of the date of this
Agreement:
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a. he is the lawful owner in fee simple of property
within subdivision MS 97-79; and
b. there are no subcontractors or persons furnishing
labor, materials or equipment for the subdivision improve-
ments whose payment needs to be secured under County
Ordinance Code section 94-4.408. Diefenbach agrees
that if the City receives a demand based upon the bonds
for MS 97-79 within 6 months after it accepts as complete
the subdivision improvements, and if the City determines
that the claimant is entitled to a portion of the funds
released to Diefenbach, then Diefenbach will return
that portion requested by the City.
2. Diefenbach is entitled to _~'~C~-~) as payment
for completing~he MS-97-79 subdivision improvements. The
City shall pay~'/~/~-~O upoB execution of this Agreement.
The City shall retain 15%, or~'-~/_~-O~~ as required by County
Ordinance Code section 94-4.406, for one year to guarantee
the repair of any defective work.
3. The ,City is entitled to retain the $1000.00 cash
deposit and~;r/~-~, of the performance bond to cover its
costs and reasonable expenses and fees in enforcing the subdi-
vision improvement and bond obligations.
4. If legal action by either party is necessary to
enforce this Agreement, the prevailing party is entitled
to reasonable attorneys' fees and court costs.
In witness whereof, the parties have executed this Agree-
ment on the date written above.
ATTEST:
i/~tin Uiefenbach
Mayor, City of Danville
City Cler~
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