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HomeMy WebLinkAboutMINUTES - 08081995 - C8 ......SSS... ...« .� c� 95 135699 RE ORDED AT REQUEST L\�ti OF a Recorded at the request of: CONTRA COSTA COUNTY AUG 171995 Return to: PUBLIC WORKS DEPARTMENT AUG 1 7 1995 ENGINEERING SERVICES DIVISION RECORDS SECTION AT Area:Walnut Creek O'CLOCK17 M. Road: Lilac Drive CONTRA OSTA COUiVT'�ARECORDS STEPHEN L. WEIR CO.Road No: City Street COUNTY RECORDER Project: MS 8-94 FEE $ Assessor's No: 184-211-007 Spacl Pefor exclusive use of Recorder. DEFERRED IMPROVEMENT AGREEMENT (Project: MS 8-94) THESE SIGNATURES ATTEST TO THE PARTIESAGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) J. Michael Walford "Public Works Director f`�C'( v�Ge,S Y' u RECO ND R APZ�O VAL: VBy: ginices Division FORM AP OVED: Victor J. Westman, County Counsel (NOTE: this document is to be acknowledged with signatures as they appear on deed of title. If Owner is incorporated, signatures must conform with the designated representative groups pursuant to Cor- porations Code S313.) (see attached notary) I. PARTIES. Effective on the County of Contra Costa,hereinafter referred to as"County"and hereinafter referred to as"Owner"mutually agree and promise as follows: 2. PURPOSE. Owner desires to lelop th�roperty he owns as described in Exhibit"A"attached hereto and wishes to defer construc- tion of permanent improvements,and County agr s to such deferment if Owner constructs improvements as herein promised. I 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. C75---i 3 56 0/ 4. STREET AND DRAINAGEMAPROVEMENTS: 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 LZ 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 r..? 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 M4PROVEMENTS. 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 requited,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 reason 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. g:\ENGSVC\work\AG\ag.l 2m\ms8-94.t6 State of LY Countv of �- On before m E NAME, LE OF OFA(ER-E.G.,"JANE DOE, O ARY PUBLIC" personally appeared NAME(S)SIGNER(S) -�11 ( n p in the capacity as 1 WI,JQ6 (Q INDIVIDUAL,GENERAL PARTNER,CORPORATE OFFICER-E.G.,VICE PRESIDENT ❑ personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person( whose name is/ /e subscribeto the within instrument and acknowledged to e that he/s�e j y executed the same in his/Vr#eir authorized capacity(ies), and that by his/herfthreir signature(-sl on the instrument the persons), or the entity upon behalf of which the personal—acted, executed the instrument. i�ccs. - "t Sn;nrn 4o bei be�v� El He/ also acknowledged to me that su h cor oration ex c e he within Ins rument pursuant to its by-laws or a resolution of its Board of Directors. unnluunuununnoluoumlullluullllllltultRrllullll. WITNE S my hand and official seal, OFFICIAL SEAL 1048847 CARLY ELIZABETH FLYNN NOTARY PUBLIC-CALIFORNIA N COUNTY OF BUTTE W Signale of Notary My Cornission Expires January 2, 1999 1UIIII IIn 111 u 1111111111111t11111111111111111111111111tU111111 U l l l li SIGNATURE REQUIREMENTS Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed in the space provided. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers, one from each of the following two groups: GROUP 1. (a)The Chair of the Board GROUP 2. (a)The Secretary (b)The President (b)An Assistant Secretary (c)Any Vice-President (c)The Chief Financial Officer (d)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. Notarization of only one corporate signature or signatures from only one group, must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." g:\engsvc\work\notary2.new EXHIBIT "A" G a N W ES-Subdivision MS 8-94 CJ All that real property situated in the County of Contra Costa, State of California, described as follows: 11 of Parcel B as shown on Subdivision MS 8-94 as recorded on AUG1 71995 / / in Book I�' of Parcel Maps, page �, on file at the County Recorder's Office. ag 13\ms8-94aA6 EXHIBIT "B" C� ES-Subdivision MS 8-94 G IMPROVEMENTS ~ GJ UI Improvements required by Contra Costa County Planning Agency and the County Ordinance Code as a condition of approval for the above-referenced development are located along Lilac Drive for Parcel B, as described in Exhibit "A": 1. Construct approximately 100 linear feet of 4-foot sidewalk, width measured from the back of existing curb. 2. Submit improvement plans to the Public Works Department, Engineering Services Division, for review and pay an inspection and plan review fee. CONSTRUCTION Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent. The construction of the above deferred improvement shall begin as outlined in Item 4B of the agreement or when either of the following occurs: 1. Neighborhood sidewalks are constructed to its ultimate planned width by the County or by an assessment district. 2. Sidewalks are constructed adjacent to the subject property. 7D:cl ag.14\ms8d.t6 a THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 8, 1995 by the following vote: CD AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop N NOES: None G ABSENT: None (� ABSTAIN: None 3. SUBJECT: Approving Deferred`Improvement Agreement along Lilac Drive for MS 8-94, Walnut Creek Area. Assessor's Parcel No. 184-211-007 The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Francis B. Murray Family Trust, as required by the Conditions of Approval for MS 8-94. This agreement would permit the deferment of construction of permanent improvements along Lilac Drive for Parcel B which is located in the Walnut Creek area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this Is s true and correct copy of an action taken and entered On the minutes of the Board of Supe pra on the date shown. ATTESTED. _ o!, PHIL BATCH OR.clerk of 169 Board of SuperWsm.&W Cwj*Administrator Deputy Contact: Rich Lierly - 313-2348 Originator: Public Works (ES) cc: Recorder (via Title Co.) then PW Records, then Clerk of the Board Director of Community Development Francis B. Murray Family Trust c/o Eric Murray 6020 Crestview Drive Paradise, CA 95969 RL:cl 80:8.18 END DF DO muff..