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TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: September 8, 1992
SUBJECT: APPROVING A STORM DRAIN CONSTRUCTION AND RIGHT-OF-WAY AGREEMENT
BETWEEN THE FLOOD CONTROL DISTRICT, KMART CORPORATION, STAMM
THEATERS, AND A GROUP OF ADJACENT PROPERTY OWNERS.
Project No.: 7568-6D8735
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE a Storm Drain Construction and Right-of-Way Agreement between the Flood Control
District, Kmart, Stamm Theaters, and a group of adjacent property owners and AUTHORIZE the
Chair of the Board to execute the agreement on behalf of the District.
II. Financial Impact:
District participation in the agreement is $250,000 and ten percent of cost over $625,000.
Future Drainage Area 29G fees will be obligated to payment for all reimbursable costs incurred
under the Storm Drain Construction and Right-of-Way Agreement.
III. Reasons for Recommendations and Background:
The agreement was developed by the District as a mechanism to assist Kmart in the installation
of specific facilities within our Drainage Area 29G. Kmart had been conditioned by the City of
Antioch to install the drainage facilities as part of their proposed development, however, the cost
of the installation has been deemed excessive.
Therefore, in an attempt to facilitate the project, Kmart,the District, Stamm Theaters, and a group
of adjacent property owners are all willing to participate, as described in the attached
agreement, in an effort to bring the proposed Kmart development into the area.
Continued on Attachment: x SIGNATURE: �1
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
Ile
ACTION OF BOARD ON SEP 8 'A' APPROVED AS RECOMMENDED V OTHER
V07OF SUPERVISORS
I/ UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
PH:kd
c:BO/BO8.t9
Contact: P. Harrington
Orig. Div: Public Works (F/C)
cc: County Administrator
Community Development
Building Inspection I hereby certify that this Is a true and correct copy of
County Counsel an action taken and entered on the minutes of the
Board of Sups onQthe date shown.
County Assessor ATTESTED: 1V `� 1992 ..�e..
County Treasurer - Tax Collector PHIL BATCHELOR,Clerk of the Board
County Auditor - Controller of Supervisors and Co u Administrator
Chief Engineer By ,00puty
Flood Control Engineering
Accounting
Engineering Services
a0
IV. Consequences of Negative Action:
Non-approval of the agreement could hinder the proposed Kmart Development and delay the
installation of the much needed drainage infrastructure in this area.