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Home My WebLink AboutMINUTES - 09121995 - C20 DEI 11 1995C 20 Recording'Requested By: 2RDED AT REQUEST O , MRA .COSTA Can Return to: DEC CONTRA COSTA COUNTY AT O'CLOCK8 M. PUB rIC WORKS DEPARTMENT ANTRA O$TA COUNTY RECORDS ENGINEERING SERVICES DIVISION STEPHEN L. WEIR RECORDS S'ECT'IONFEE$ COUNTY-RECORDER OF-RE., w Document Title(s) DEFERRED IMPROVEMENT AGREEMENT (PROJECT; MS 126-90) THIS DOCUMENT IS BEING RE—RECORDED TO CORRECT THE APN 18Z ECORDE1) A? REQMT ' k�ecorded at the request of: %CF0E QNTFA COSTACOUNTYN�V - �Retun to: PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES DIVISIONRECORDS SECTION O'CLOCKArea/Dist:Walnut Creek R COSTA COUNTY RMORD Road:Deerfield Lane/Montecillo Drive STEPHEN 4 WEIR Co.Road No:4147A NOV -21995COUNTY RECORDER Project: MS 126-90 Assessor's No:_182-022-0(� '3 3, F Space above for exclusive use of Recorder. (Project:MS 126-90) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA 1<TNTY ER: (See note be w) J. Michael Walford Public Works Director GU ` William H. Bailey", an unmarried man AL: By: Engineering Services Division FORM APPROVED: 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) 1. PARTIES. Effective on �'� the County of Contra Costa,hereinafter referred to as"County"and William H.Bailey,an . unmarried man 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 construc- tion 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. AND DRAINAGE�MENTS: - _.r,.,..A ..., :. ,. , A. t j l•.z f=The improvements set forth in this section maybe deferred by Owner and shall be.constructed when required�in the manner set fbi h"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, ispecial assesscents;gr fees on,the,property described in Exhibit"A". n1:-yv-€_; y,B.i,; w 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 priaperly 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 NOwner 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 ev t 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 becorne alien 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 INFROVEMENTS. County agrees to accept those improvements specified in Exhibit"B"which are constructed CA CA 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 W prop�y. I 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,its 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/ag/ms 126-90.t8 8/3/94 :sd/cl r 95 213789 4 State of California ) County of Contra Costa ) On August 29, 1994 before me, the undersigned personally appeared William H Bailey personally known to me (or 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 t she!they executed the same in his 1 her!their authoriz- ed capacity(ies), and that by his lher ltheir signature(s) on the instrument the person(s)or the entity upon behalf of which the person(s) acted, executed the instrument. • ..��. +:„��,:�«ti�.._� i OFFICIAL SEAL ” WITNESS my hand and official seal. i F. STORNETTA f NOTARY PUBLIC-CALIFORNIA Principal Office in Soiano County i Signature My Commission Expires March 17,.1995 ; FORM#1069A' ' 95 2 .3789 EXHIBIT " 1 ES-Subdivision MS 126-90 All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcels A & B as shown on Subdivision MS 126-90 as recorded on 9Nbve I_qqS in Book ItAr of Parcel Maps, page 9, on file at the County Recorder's Office. DI:fp c:\AG\MS126-90.t12 EXHIBIT 'B" ES-Subdivision MS 126-90 IMPROVEMENTS 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 Monticello Road for Parcels A & B, as described in Exhibit "A": C� 1. Approximately 25 linear feet of curb and gutter, face of curb located 10 feet from the right of way line. 2. Approximately 25 linear feet of 4-foot 6-inch sidewalk, width measured from curb face, built monolithic with the curb and gutter. 3. Approximately 300 square feet of street paving to pave between the existing pavement and the curb and gutter. 4. Necessary longitudinal and transverse drainage. 5. Temporary conforms for paving and drainage as may be necessary at the time of construction. 6. Submit improvement plans to the Public Works Department, Engineering Services Division, for review; pay an inspection and plan review fee 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 4B of the agreement or when either of the following occurs: 1. Monticello Road 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 half (1/z) of the costs. DI:fp c:\AG\MS126-90.tl2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 12, 1995 by the following vote: AYES: Supervisors Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: Supervisor Rogers ABSTAIN: None `CD SUBJECT: Authorizing Acceptance of Instrument. Ca IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Deferred Improvement MS 126-90 Contra Costa County Walnut Creek Agreement I hereby certify that this is a hue and correct copy of an action taken and entered on the minutes of the Board of Supentisom on the date shown. ATTESTED: September 12, 1995 PHIL BATCNELOR,CNtk of the Board of Supwviaon end Catty AdmWwator by ..j, j& ,Deputy Contact: Rich Lierly- 313-2348 Originator: Public Works (ES) cc: Recorder(via Title Co.) then PW Records Director of Community Development END OF DOCUMENT RL:cl B012.t9