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Home My WebLink AboutMINUTES - 08082006 - C.9 J 5E_.L TO: BOARD OF SUPERVISORSContra, AS THE Governing �? -��' Body of the Contra Costa County Flood Control and ; '•; Water Conservation District s Costa 'l1INN Z FROM: MAURICE M. SHIU, CHIEF ENGINEER '�••: -C Co ST'4 County DATE: August 8, 2006 SUBJECT: Drainage Area 29G -Line,"A" - Sportsmen Incorporated,—Antioch Area,District V Project No.: 7568-6D84681 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: A. APPROVE Settlement Agreement between Contra Costa County Flood Control and Water Conservation District(District) and Sportsmen Incorporated. B. AUTHORIZE Chief Engineer to execute said Settlement Agreement on behalf of the District. C. APPROVE payment of $40,600.00 for said Settlement Agreement and AUTHORIZE the Auditor- Controller to issue a check in said amount payable to Sportsmen Incorporated,3301 Wilbur Ave., P.O. Box 518, Antioch, CA 94509-0051 to be forwarded t the Real Property Division for delivery. i Continued on Attachment: X SIGNATURE: _ ECOMMENDATION OF COUNTY ADMIS TOR _RECOMMENDATION OF BOARD COMN ITT E PROVE OTHER SIGNATURE(S): ACTION OF BO ON o I VED AS RECOMMENDED OTHER VOTr-OF SUPERVISORS _✓ UNANIMOUS(ABSENT ) AYES: NOES: j ABSENT: ABSTAIN: 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 on the date shown. G:\RealProp\2006\BO Res 06\Line A Storm Drain Repair\8-8-06.doc Orig.Div: Public Works(R/P) ATTESTED: B8 � Contact: Olivia D.Reynolds(313-2306) JOHN CULL N, 0 rk of the Board of . cc: County Administrator Supervisors and County Administrator Auditor-Controller(via R/P) P.W.Accounting By � Deputy Recorder(via R/P) Grantee i Subject: Drainage Area 29G- Line "A"- Sportsmen Incorporated,—Antioch Area,District V Date: August 8, 2006 Page: 2 of 2 �I Financial Impact: Payment of 40 600.00 from Drainage e Area 29G funds. $ � Reasons for Recommendations and BI ack2round: 1 The District contracted with Mountain Cascade, Inc. to complete the replacement of the downstream segment of Line "A" in Drainage Area 29G, which is located beneath an access road on the Sportsmen Incorporated property. Approximately 700 feet of 48 inch pipe was replaced. The District has negotiated with Sportsmen Incorporated to resolve issues related to changes in their access road due to the construction activities.A portion of the post project road is approximately 4"-6"higher than the pre-project road. Additionally, after construction was completed, it became apparent that the asphalt width is currently 1.5-2 feet narrower than the pre-project road. The District has negotiated this settlement to settle all outstanding claims with Sportsmen Incorporated regarding the changes in their access road due to the construction activities. Consequences of Negative Action: The District will be responsiblell for and required to correct the changes in the access road due to the construction activities. I t Parcel Number: 051-040-065 Grantor: Sportsmen Incorporated Project Name: DA29G, Line A Storm Drain Repair Address: P.O. Box 518 Project Number: 7568-6D8468 I Antioch, CA SETTLEMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND GRANTOR NAMED HEREIN This Agreement is entered into by and between Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California (hereinafter "District") and Sportsmen Incorporated, a California corporation (hereinafter"Grantor"). RECITALS During the 2005 construction season, the District successfully completed the replacement of the downstream segment of Line "A" in Drainage Area 29G. Line "A" is located on the property of the Sportsmen's Yacht Club, beneath a private access road. The District awarded the contract to Mountain Cascade, Inc. Construction to replace approximately 700 feet of 48 inch pipe began in early October 2005 and lasted approximately four weeks. The District has negotiated with the Sportsmen's Yacht Club to resolve issues related to changes in their access road due to the construction activities. Ali portion of the post project road is approximately 4"-6" higher than the pre-project road. Additionally, after construction was completed, it became apparent that the asphalt width is currently 1,5-2 feet narrower than the prejprcject road. AGREEMENT NOW THEREFORE, in consideration of, the agreements herein contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Effective Date. It is understood that this Agreement is subject to approval by the District's Governing Board, This Agreement is effective on the date approved by the District's Governing Board ("Effective Date"). This Agreement will be submitted to the Grantor first for approval, and thereafter to the District. 2. Settlement. Subject to the terms and conditions in this Agreement, Grantor agrees to accept and District agrees to settle all outstanding claims pertaining to the DA29G, Line A Storm Drain Repair Project ("Project"). 3. Settlement Price. The settlement price to settle all outstanding claims pertaining to the Project shall be Forty Thousand Six Hundred Dollars and 00/100($40,600.00) ("Settlement Price"). 4. Conditions to District's Performance. The District's obligation to perform under this Agreement is subject to the following conditions: 4.1. Grantor's representations and warranties in this Agreement being correct as of the date of this Agreement. 4.2. Grantor's performance of all obligations under this Agreement. 1 5. District's Representations and Warranties. District warrants that, upon approval of this Agreement by the District's governing body, this Agreement shall constitute a binding obligation of the District. 6. Entire Agreement. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the District of all further obligation or claims on this account, as established in the Right of Entry document which was effective on August 17, 2005. 7. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if bothiparties had 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. The Recitals are and shall be enforceable as a part of this Agreement. 8. Waiver. A waiver or breach of any covenant or. provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party 9. Severability. 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. 10. Governing Law and Venue. (This Agreement shall be governed and construed in accordance with California law. The venue of any litigation pertaining to this Agreement shall be Contra Costa County, California. FLOOD CONTROL DISTRICT GRANTOR RECOMMENDED FOR APPROVAL: Sportsmen Incorporated, A California corporation By By Real Property Agent By Date: rmcip at Property Agent (Date signed by Grantor) APPRfJVED: auric e M. S4hiu, Chief Engineer Date: (Dat,6 of B and Approval) 2 it I NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED G:\GrpData\RealProp\FORMS\AG.12b Purchase&Salle Ag bet FCD&Grantor.doc 1/29/01 (FORM APPROVED BY COUNTY COUNSEL 6/99) 3 I