HomeMy WebLinkAboutMINUTES - 09232003 - C.28 TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, CANYON LAKES
GEOLOGICAL HAZARD ABATEMENT DISTRICT CHAD `
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR (OWOO
DATE : September 23,2003
SUBJECT: APPROVE and AUTHORIZE William R. Gray, Gray-Bowen Company,Inc.,General Manager of
the Canyon Lakes Geologic Hazard Abatement District, to execute a License Agreement with
Sequoia Equities,the owner of the property located at 7251735 Watson Canyon Court for the joint
repair of a landslide on said property, San Ramon area. (District III)Project No. 7761-6X5148
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE William R. Gray, Gray-Bowen Company, Inc., General Manager of the
Canyon Lakes Geologic Hazard Abatement District(CHAD),to execute a License Agreement with Sequoia
Equities, the owner of the property located at 7251735 Watson Canyon Court,APN Nos. 2134820-091 and
213-040-090, San Ramon, for the joint repair of a landslide on said property.
II. Fiscal lmpact:
There will not be any impact on the County General Fund. The Canyon Lakes CHAD is funded through
revenues generated by special assessments levied on properties within the boundaries of the CHAD. The
subject project is to be jointly funded by th,�,QH and the property owner.
Continued on Attachment: X SIGNATURE:
rMEINVATION OF UOUNTY A ,
ISTIRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
A ONO B } A PRO AS OMMEND D �OTHER
NOTE OF SUPERVISORS I hereby certify that this is a true and correct
xx UNANIMOUS(ABSENT NONE ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors acting as
ABSENT: ABSTAIN: the CHAD Board on the date shown.
ATTESTED: SEPTEMBER 23, 2003
KG:sr JOHN SWEETEN,Clerk of the Canyon Lakes
G:\GrpData\SpDist\Board Ot-ders\2003\04-23JJ3 BO(CL)Watson Canyon Court.doc CHAD Board of Directors and Board
Orig.Div:Public Works(Special Districts) Adnuni.strator
Contact: Skip Epperly(313-2253)
cc: County Administrator
County Counsel
E.Whan,Eng Svc. ByDeputy
Gray-Bowen and Company,Inc. 67
CHAD File&Binder
SUBJECT: APPROVE and AUTHORIZE William R. Gray, Gray-Bowen Company,Inc., General Manager of
the Canyon Lakes Geologic Hazard Abatement District, to execute a License Agreement with
Sequoia Equities, the owner of the property located at 725/735 Watson Canyon Court for the joint
repair of a landslide on said property, San Ramon area. (District III) Project No. 7761-6X5148
DATE: September 23, 2003
PAGE: -2-
III. Reasons for Recommendation and Background:
In early January of 2003 a representative of Sequoia Equities,the owners of the Villas Apartment complex
within the boundaries of the Canyon Lakes CHAD, contacted CHAD staff to advise of erosion and a
possible landslide to the rear of units 735 and 745 Watson Canyon Court. CHAD staff and consultants
investigated the situation and found two small landslides in the slope adjacent to(and above)the right side
of the second fairway of the Canyon Lakes Golf Course. The property owned by the Golf Course property is
not involved. Because a contributing factor in the landslide appears to be excess water from a clogged storm
drain system within the apartment complex,the CHAD proposed and the property owner agreed to a jointly
funded repair project. The CHAD will repair the slope,while the property owner agreed to be responsible
for costs associated with repair andlor replacement of the clogged storm drain system.. Repair of the
landslide is authorized under the District's Plan of Control.
The estimated cost of the project is in the range of$40,000 to $50,000 with the property owner's share
estimated to be between$10,000 and$20,000. A License Agreement has been developed and presented to
the affected property owner. The Agreement provides the CHAD with the necessary rights to enter the
property and construct the project. In addition,the Agreement defines the roles and responsibilities as well
as the financial terms and conditions under which the project will precede. Because the agreement involves
financial participation by a property owner,the General Manager is seeking Board authorization to execute
the Agreement.
Because the estimated cost of repair is less than $50,000, District staff is authorized to proceed with the
repair without additional Board authorization(Resolution 86/406 as amended by Resolution 98/381). Plans,
Specifications and Estimates for project are complete and District staff anticipates completion of the project
by the end of December 2003.
IV. Consequences of Neytive Action:
Without Board approval, the District will not be able to proceed with the repair of the landslide,
LICENSE AGREEMENT FOR
LANDSLIDE REPAIR
THIS AGREEMENT is made and entered into this day of , 2003,
by and between VILLAS APARTMENTS TENANCY IN COMMON(referred to as
"OWNER") and CANYON LADES GEOLOGIC HAZARD ABATEMENT DISTRICT, a
political subdivision of the State of California(referred to as "GHAD").
WITNESSETH:
GHAD was formed under Section 2.6500 and following of the Public Resources Code for the
purpose of abating geologic hazards in the Canyon Lakes area.
OWNER owns certain real property within the boundaries of GHAD, 725 and 735 Watson
Canyon Court, commonly known as The Villas in Canyon Lakes, California, (Assessor Parcel
Nos. 213-820-091 and 213-040-090)shown in Exhibit A attached hereto(referred to as the
"Property"),which property is affected by a landslide.
OWNER has requested that GRAD assist OWNER by repairing a landslide on the Property, and
GHAD is willing to perforce the necessary repair work under the terms and conditions of this
Agreement.
The purpose of this Agreement is to set forth the arrangement between the parties for the
landslide repair work, as described in Exhibit B attached hereto (referred to as the"Work").
NOW, THEREFORE, the parties agree as follows:
1. OWNER grants to GHAD, its officers, employees, agents, contractors, and consultants an
irrevocable license to enter upon that portion of the Property described or shown in
Exhibit C attached hereto (referred to as the"Repair Area") and to perforin the Work
thereon. The permission hereby granted shall include without limitation the right to bring
labor, equipment, vehicles, and supplies into the Repair Area and to perform all
operations necessary or convenient to complete the Work.
2. To facilitate performance of the Work, OWNER also grants to GRAD, its officers,
employees, agents, contractors, and consultants an irrevocable license to enter upon and
use additional property or roads owned or controlled by OWNER, as described or shown
in Exhibit D attached hereto (referred to as the"Access and Staging Area"). Such
permission shall include without limitation the right to store equipment, vehicles, and
supplies within the Access and Staging area, to operate equipment and vehicles thereon,
and to perforin all operations necessary or convenient to complete the Work.
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3. The irrevocable licenses granted hereby shall commence on the effective date of this
Agreement and shall continue until April 30, 2004, or until the Work is completed,
whichever occurs first. CHAD shall have the right to terminate this.Agreement upon ten
days notice to OWNER.
4. OWNER and GRAD agree to share in the cost of construction of the Work. The CHAD
agrees to be responsible for all costs associated with the repair of the actual landslide
(including repair of the damaged slope area) as well all other costs of the project
including, but not necessarily limited to,preliminary and final engineering, contract
administration and inspection. OA NER agrees to be responsible for all costs associated
with the repair and/or replacement of the drainage system located at the top of the slope
above the landslide. It is the intent of the parties to attempt to repair the drainage system
rather than to replace it if at all possible. OWNER agrees to deposit$10,000.00 to the
CLAD with execution of this agreement to cover the estimated cost of repairing the
drainage system. Said deposit shall be in cash or other equivalent form acceptable to the
GRAD. Within 72 hours of receipt of a complete bid for the work, CHAD shall advise
OWNER of the contractor's bid price to repair the drainage system. Should it be
necessary, OWNER agrees to deposit such additional funds as may be required to cover
the cost to repair the drainage system,before the CHAD awards a contract for the Work.
Should the GRAD, during construction of the Work, determine that the drainage system
can not be repaired and must be replaced, OWNER agrees to deposit such additional
ftmds as may be required to cover the estimated cost of replacing the drainage system.
The estimated cost to replace the drainage system is $14,000 plus the cost of any
attempted repairs, although the final cost could be higher or lower. CHAD will not
proceed with actual replacement of the storm drain system unless and until OWNER
deposits such additional funds as may be required.
Upon completion of the Work, GRAD agrees to reimburse OWNER.should the final cost
of repairing and/or replacing the drainage system be less than the total amount deposited
by the OWNER. Should the final cost of repairing and/or replacing the drainage system
exceed the total amount deposited by the OWNER., OWNER agrees to reimburse the
CHAD such amount as may be required to cover the total cost of the repair/replacement.
5. OWNER agrees to repair and/or replace any landscaping and/or landscape irrigation
facilities that might have been damaged by the landslide or that might be damaged within
the repair area by the GHAD's contractor during completion of the Work,
6. Should a future landslide occur on the Property, whether such landslide represents a
reoccurrence of the landslide covered by this Agreement or constitutes a new landslide,
GHAD, in its sole discretion, may decide to repair such landslide, but shall not be
required to do so. Nothing in this Agreement shall be deemed to impose on GHAD an
obligation to repair future landslides on the Property or elsewhere within the boundaries
of DIAD.
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7. A. The releases and indemnification set forth in subparts D, E, F, G, and H of this
section are for the sole benefit of CHAD and the other entities and persons listed
therein and are not intended to apply to the contractor, subcontractor and the
engineering consultants hired by CHAD. OWNERS shall retain all remedies that
OWNER otherwise has against the contractor, subcontractor and engineering
consultants hired by GHAD.
B. The construction contract for the Work shall contain language requiring the
contractor to provide indemnification and liability insurance covering OWNER to
the same extent as that provided to GHAD. The contractor shall be required to
provide an insurance certificate or endorsement-naming OWNER as additional
insured. The insurance shall provide coverage for personal injury or death and
property damage occurring during the performance of the Work and caused by
negligence of the contractor or subcontractors.
C. Except as provided otherwise in subparts D and E of this section, CHAD shall
defend, indemnify, save, and hold harmless OWNER from liability for personal
injury or death and property damage(as limited by subpart H of this section)
occurring during the performance of the Work and caused by the sole, active
negligence or willful misconduct of CHAD.
D. OWNER acknowledges that entry into the Repair Area and the Access and
Staging Area carries with it a certain risk and agrees to release, defend, indemnify,
save, and hold harmless CHAD, Contra Costa County, Gray-Bowen and
Company, Inc.,NorCal Engineering Consultants, and their officers, agents, and
employees from any liability for death of, or injury to, OWNER,members of
OWNER's family, or OWNER's invitees while present in the Repair Area or the
Access and Staging Area during the performance of the Work, except for liability
resulting from the sole, active negligence or willful misconduct of GHAD.
E. GHAD will instruct its contractor to take precautions during the performance of
the Work to try to avoid causing additional or new damage to the Property or to
the improvements located thereon(landscaping, fencing, walls, sprinklers,patios,
walkways, decks, pools, structures, residence, etc.). However, OWNER
understands and agrees that CHAD shall not be held responsible or liable for
damage or inconvenience during the performance of the Work resulting from
obstruction of access, noise, dust, vibrations, fumes, cracking, settlement,
excavation, or other inherent or incidental effects of the Work or the instability or
other condition of the property, and OWNER knowingly waive the right to make
any claim against CHAD, Contra Costa County, Gray-Bowen and Company, Inc.,
NorCal Engineering Consultants, and their officers,agents, or employees for such
damage or inconvenience, and fully and finally releases them from the same.
F. OWNER understands and agrees that there is no guarantee that the repair of the
landslide and other auxiliary features will be adequate to prevent the landslide
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from.re-occurring or to prevent new or additional damage from occurring to the
Property or the improvements located thereon. Cance the Work has been
completed and accepted by GHAD, OWNED.knowingly waive the right to make
any claim against GHAD, and their officers, agents, or employees for any damage,
injury, or death occurring or manifesting itself after such acceptance and resulting
from, or in any way connected with, the Work, and fully and finally releases them
from the same.
G. OWNER expressly waives all rights provided by Section 1542 of the California
Civil Code,which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE,WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR,
B.. For any damage to or destruction of any portion of the Property or the
improvements located thereon, OWNERS' sole remedy shall be limited to
recovery of the reasonable, actual cost of repair, replacement, or
diminution in value,whichever is less, and under no circumstance shall
OWNER be entitled to recover consequential or special damages or for
any damages based on emotional distress, loss of use, revenue,profits,or
business opportunities.
8. This Agreement and each and all of the covenants herein contained shall inure to the
benefit of and be binding upon the successors and assigns of the respective parties hereto.
3. This Agreement shall be subject to modification or amendment only by the written,
mutual consent of both parties.
8. A. All notices under this Agreement shall be in writing. Notice shall be sufficiently
given for all purposes as follows:
(1) When delivered by first class mail, postage prepaid, notice shall be
deemed delivered three (3)business days after deposit in the United States
Mail.
(2) When mailed by certified mail with return receipt requested, notice is
effective on receipt if delivery is confirmed by a return receipt.
(3) When delivered by overnight delivery by a nationally recognized overnight
courier,notice shall be deemed delivered one (1)business day after
deposit with that courier.
(4) When delivered by telecopy or similar means, notice shall be deemed
delivered one(1.)business day after the day it was transmitted by telecopy
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or similar means,provided that a transmission report is generated by
reflecting the accurate transmission of the notices.
(5) When personally delivered to the recipient,notice shall be deemed
delivered on the date personally delivered.
B. The place for delivery of all notices ,given under this Agreement shall be as
follows:
ONNNER: Villas Apartments Tenancy in Common
1777 Botelho Drive, Suite 300
Walnut Creek, CA 94596
GRAD: Gray-Bowen and Company, Inc.
1 820 Bonanza Street, Suite 204
Walnut Creek, CA 94596
Facsimile--(925) 947-3177
or to such other addresses and facsimile numbers as any party may respectively
designate by written notice to the others.
9. This Agreement shall not be construed as if it had been prepared by one of the parties,but
rather as if both parties have prepared it. The parties to this Agreement and their counsel
have read and reviewed this Agreement and agree that any rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not apply to the
interpretation of this Agreement.
10. If any term or provision of this Agreement shall, to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected.
11. The termination of this Agreement shall not affect the provisions of Sections 4, 5, and 6
of this Agreement, which shall survive such termination.
12. It is understood that this document contains the entire agreement between the parties
hereto relating to the landslide repair work and the use of the Property and any other
understandings or agreements, oral or written, of whatsoever nature concerning the
matters contained herein are superseded.by this Agreement and are hereby abrogated and
nullified.
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IN WITNESS WHEREOF, the parties hereto have executed this License, in duplicate, the day
and year first above written.
Villas Apartments Tenancy In Common Canyon Lakes Geologic Hazard
(910WNER") Abatement District("GLAD")
By: By: William IL Gray and Company,Inc.,
General Manager
By
Owner Name President
.Approved as to form:
Silvano Marchesi, County Counsel
By
Deputy
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Exhibit A
Description of Property
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Exhibit B
Description of Work
The Work consists of furnishing of all labor, supervision,materials, tools and
equipment as required to mobilize and construct, complete in place a landslide
repair project on the hillside below The Villas apartments in Canyon Lakes,
City of San Ramon.
The Work includes,but is not necessarily limited to,the actual repair of the
landslide, the installation of subdrains and the repair and/or replacement of
surface and subsurface drainage facilities. Work also includes,but again is
not necessarily limited to, clearing and grubbing of the hillside, the importing
and placement of additional soil, the construction of a soil berm at top of
slope, the installation of a subdrain pipe with filter fabric and/or permeable
material and the cleaning of storm drain inlets and pipes as generally described
in contract documents developed by the CHAD for the Work. Work includes
repair or restoration of the site and any areas disturbed during construction of
said Work, including any access pathways or roadways that might be used to
complete the Work.
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Exhibit C
Repair Area
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Exhibit D
Access and Staging Area
All staging and access areas must be open and accessible during the project repair schedule.
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