HomeMy WebLinkAboutRESOLUTIONS - 11202002 - 2001-277 i
Recorded at the request of:
Contra Costa County
Public Works Department
Engineering Services Division
Return to:
Public Works Department
Engineering Services Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 26, 2001 by the following vote:
AYES: Supervisors Gioia, DeSaulnier , Glover , Gerber and
Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2001/ 2 7 7
SUBJECT: Approving Deferred Improvement Agreement along Laurel Drive for Subdivision
MS 6-94, (APN 116-120-001), Concord area.
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with Richard and Paula Kerr,as required by the Conditions of Approval for
Subdivision MS 6-94. This agreement would permit the deferment of construction of permanent
improvements along Laurel Drive, which is located in the Concord area.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
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
G:\GrpData\EngSvc\BO\2001\BO 6-26-Ol.doc on the date shown
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Originator: Public Works(ES) ATTESTED: June 26, 2001
Contact: Rich Lierly(313-2348) JOHN SWEETEN, Clerk of the Board of Supervisors and
cc: Recorder(via Title Company)then PW Records County Administrator
Current Planning,Community Development
Richard and Paula Kerr
1790 Ellis Street,#22 By Deputy
Concord,CA 94520 t
RESOLUTION NO. 2001/ 2 7 7
Recorded at the request of.
Contra Costa County
Public Works Department
Return to:
Public Works Department
Engineering Services Division
Records Section
Area: Concord
Road: Laurel Drive
Co.Road No: 5167 F
Project: MS 6-94
Assessor's No: 116-120-001
DEFERRED IMPROVEMENT AGREEMENT
(Project: MS 6-94)
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See note below)
MAURICE SHIU
Public Works virector
By:
Richard A. Kerr
RECOMMENDED FOR APPROVAL:
By
drvi"es"bivision Paula M. Kerr
:
ineering S lce
FORM APPROVED: Victor J. Westman, County Counsel
(NOTE: this document is to be acknowledged with signatures as they appear on
deed oftitle. If Owner is incorporated,signatures must conform with the designated
representative groups pursuant to Corporations Code 8313.)
(see attached notary)
1. PARTIES. Effective on TutNe— a(,.. , aon I the County of Contra Costa,hereinafter referred to
as"County"and Richard A. and Paula M. Kerr hereinafter referred to as"Owner" mutually agree and promise as follows:
2. PURPOSE. Owner desires to develop the property he owns as described in Exhibit "A" attached hereto and wishes to defer
construction of permanent improvements, and County agrees to such deferment if Owner constructs improvements as herein promised.
3. AGREEMENT BINDING ON SUCCESSORS IN INTEREST, This agreement is an instrument affecting the title or possession
of the real property described in Exhibit"A". All the terms,covenants and conditions herein imposed are for the benefit of County and
the real property or interest therein which constitutes the County road and highway system and shall be binding upon and inure to the
benefit of the land described in Exhibit"A" and the successors in interest of Owner. Upon sale or division of the property described in
Exhibit "A", the terms of this agreement shall apply separately to each parcel, and the owner of each parcel shall succeed to the
obligations imposed on Owner by this agreement. Upon annexation to any city, Owner, or those who succeed him as owner of the
property described in Exhibit"A", shall fulfill all the terms of this agreement upon demand by such city as though Owner had contact
with such city originally. Any annexing city shall have all rights of a third party beneficiary.
4. STREET AND DRAINAGE UVIPROVEMENTS:
A. .-The improvements set forth in this section may be deferred by Owner and shall be constructed when required
in the manner set forth in this agreement. The deferred improvements required by County Department of Public Works are generally
described on Exhibit "B" attached hereto. Each of said improvements relate to the use, repair, maintenance or improvement of, or
payment of taxes, special assessments or fees on,the property described in Exhibit"A".
B. When the County Public Works Director determines that there is no further reason to defer construction of
the improvements because their construction is necessary for the public health, welfare and safety and/or is necessary to the orderly
development of the surrounding area,he shall notify Owner in writing to commence their installation and construction. The notice shall
be mailed to the current owner or owners of the property as shown on the latest adopted County assessment roll. The notice shall describe
the work to be done by Owner,the time within which the work shall commence and the time within which the work shall be completed.
All or any portion of said improvements may be required at a specified time. Each Owner shall participate on a pro rata basis in the cost
of the improvements to be installed. If Owner is obligated to pay a pro rata share of a cost of a facility provided by others,the notice shall
include the amount to be paid and the time when payments must be made.
5. PERFORMANCE OF THE WORK. Owner shall perform the work and make the payments required by County as set forth
herein or as modified by the Board of Supervisors. Owner shall cause plans and specifications for the improvements to be prepared by
competent persons legally qualified to do the work and to submit said improvement plans and specifications for approval prior to
commencement of the work described in the notice and to pay County improvement plan review and inspection fee. The work shall be
done in accordance with County standards in effect at the time improvement plans are submitted for approval. Owner agrees to
commence and complete the work within the time specified in the notice given by the Director of Public Works and to notify the County
at least 48 hours prior to start of work. In the event Owner or his successor(s)in interest fails to construct any of the improvements
required under this agreement,County may,at its option, do the work. A lien is hereby created on all property described in Exhibit"A"
for the cost of such work. If County sues to compel performance of this agreement,to recover the cost of completing the improvements
or to enforce the aforementioned lien,Owner shall pay all reasonable attorney's fees,costs of suit and all other expenses of litigation
incurred by County in connection therewith,and said attorney's fees,costs and other expenses shall also become a lien on the property
described in Exhibit "A". If the property described in Exhibit"A"is subdivided at the time said liens are imposed,the amount of said
liens shall be divided proportionately among the various parcels. Permission to enter onto the property of Owner is granted to County
or its contractor as may be necessary to construct the improvements covered by this agreement.
6. JOINT COOPERATIVE PLAN. Upon notice by County,Owner agrees to cooperate with other property owners, the County,
and other public agencies to provide the improvements set forth herein under a joint cooperative plan including the formation of a local
improvement district,if this method is feasible to secure the installation and construction of the improvements.
7. REVIEW OF REQUIREMENTS. If Owner disagrees with the requirements set forth in any notice to commence installation
of improvements, he shall, within 30 days of the date the notice was mailed, request a review of the requirements by the Board of
Supervisors of County. The decision of this Board shall be binding upon both County and Owner.
8. ACCEPTANCE OF RAPROVEMENTS. County agrees to accept those improvements specified in Exhibit "B" which are
constructed and completed in accordance with County standards and requirements and are installed within rights of way or easements
dedicated and accepted by resolution of the Board of Supervisors. Owner agrees to provide any necessary temporary drainage facilities,
access road or other required improvements,to assume responsibility for the proper functioning thereof,to submit plans to the appropriate
County agency for review,if required,and to maintain said improvements and facilities in a manner which will preclude any hazard to
life or health or damage to adjoining property.
9. BONDS. Prior to County approval of improvement plans,Owner may be required to execute and deliver to the County a faithful
performance bond and a payment bond in an amount and form acceptable to County to be released by the Board of Supervisors in whole
or in part upon completion of the work required and payment of all persons furnishing labor and materials in the performance of the
work.
10. INSURANCE_ Owner shall maintain,or shall require any contractor engaged to perform the work to maintain,at all times
during the performance of the work called for herein a separate policy of insurance in a form and amount acceptable to County.
11. INDEMNITY_ The Owner shall defend,indemnify and save harmless the County,it's officers,agents and employees,from every
expense,liability or payment by mason of injury(including death)to persons or damage to property suffered through any act or omission,
including passive negligence or act of negligence,or both,of Owner, his developer,contractors, subcontractors, employees,agents,or
anyone directly or indirectly employed by any of them,or arising in any way from work called for by this agreement,on any part of the
premises, including those matters arising out of the deferment of permanent drainage facilities or the adequacy, safety,use or non-use
of temporary drainage facilities,or the performance or nonperformance of the work. This provision shall not be deemed to require the
Owner to indemnify the County against the liability for damage arising from the sole negligence or willful misconduct of the County or
its agents,servants, or independent contractors who are directly responsible to the County.
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CALIFORNIA ALL-PURPOSE ACKNOWLE, MENT
State of OPTION SECTION
County of y� f CAPACITY CLAIMED BY SIGNER
On 147 before me, i t r'G't 3,- �\t'cc- rte t�i�c7�t Though Mute does not require the Notary to
w a Eo_• fill In the data below,doing so may Prove in-
�' valuable to Persons relying on the document.
personally appeared fe c6,0, A. Very'
3f O INDIVIDUAL
/�--� 0 CORPORATE OFFICER(S)
0 personallyy known to me-OR-171-provided to me on the bases of satisfactory
evidence to mins,
be the person(s)whose name(s)*are
subscribed to the within instrument and ❑PARTNER($) 0 LIMITED
acknowledged to me that� Ahey 0 GENERAL
executed the same in his/herAheir O ATTORNEY4WFACT
Tamra J. Jacobs ; authorizers�Wies).and that by o TRUSTEE(S)
Comm. #1163438 //�� ltl'1XVWtheir signature(s)on the p GUARDIANtCONSERVATOR
NOTARY PUBLIC-CALIFORNIA instrument the person(s)or the entity O OTHER:
CONTRA COSTA COUNTY upon behalf of which the person(s)
0
Comm. Exp.Nov.27,20Qt -' acted,executed the instrument
WiTN S my hand rdffcia SIGNER is REPRESENTING:
WAW of PCR30MM OR @mtr(IESa
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED
TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER
THAN NAMED ABOVE
TUwphMiiY 4.6►k�at�iwl byVv, •
tw'ry P�w1AG1Y PMe1M edjip M M y
�OfM1MKl}C9i1QPlMI�MW�i,M[
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
It. SIGNATURES FOR INDMDUALS-'The name must be signed exactly as It Is printed or typed. The signet's interest in the
property must be stated.
Ill. SIGNATURES FOR ARTNERSi-11PS-Signing party must be either a general partner or be authorized in writing to have
the au Io To sign for and bind Ie partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be sign o o rs,one from each of the following two groups:
GROUP 4. a The Chair of the Board
b The President r
c Any Vice-President
GROUP 2. a The Secretary
b An Assistant Secretary
c The Chief Financial Officer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question Is required. A
currently valid power of attorney,notarized,will suffice.
g1wwh4iol:ary nenr
184
RE: Subdivision MS 6-94
EXHIBIT "A"
All that real property situated in the County of Contra Costa, State of California, described
as follows:
All of Parcels A, B, C and D as shown on the Parcel Map for Subdivision MS 6-94, on file
at the County Recorder's Office as follows:
Date:
Book:
� i
Page:
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RE: Subdivision MS 6-94
EXHIBIT "B"
IMPROVEMENTS
Improvements required by Contra Costa County Community Development Department and the
County Ordinance Code as a condition of approval for the above-referenced development are located
along Laurel Drive for Parcels A, B, C and D, described in Exhibit "A":
1. Approximately 110 linear feet of curb, face of curb located 10 feet from the right of way line.
2. Approximately 110 linear feet of 4-foot 6-inch sidewalk, width measured from curb face,
built monolithic with the curb.
3. Approximately 2,000 square feet of street paving to pave between the existing pavement and
the lip of gutter.
4. Necessary longitudinal and transverse drainage.
5. Necessary street lights.
6. Temporary conforms for paving and drainage as may be necessary at the time of
construction.
7. Underground placement of existing utility distribution facilities.
8. Submittal of improvement plans to the Public Works Department, Engineering Services
Division, for review.
9. Payment of inspection and plan review fees and applicable lighting fee.
CONSTRUCTION
Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent.
The construction of the above deferred improvements shall begin as outlined in Item 413 of the
agreement or when either of the following occurs:
1. Laurel Drive is constructed to its ultimate planned width by the County or by an assessment
district.
2. Frontage improvements are constructed adjacent to the subject property.
It is the intent at this time that the "pro rata basis" of costs, as specified in Item 4B of the agreement,
shall mean that the owners of each parcel shall pay 25%of the costs.
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