HomeMy WebLinkAboutMINUTES - 11071995 - SD8 f.
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: NOVEMBER 7, 1995
SUBJECT: AMENDMENT NO. 2 TO CENTEX SERVICE AGREEMENT TO CONSTRUCT A BACKUP
WELL, DISCOVERY BAY AREA. Project No. 7393-6X9E89
Specific Request(s)or Recommendation(s)&Background&Justification
I. Recommended Action:
APPROVE and AUTHORIZE the Chair to execute Amendment No. 2 to the Contra Costa County
Sanitation District No. 19 Service Agreement with Centex Homes.
II. Financial Impact:
There will be no impact to the County General Fund. The cost of the well, up to $475,000 will be funded
by Centex Homes by this Amendment, however, Centex Homes will have no obligation-beyond $475,000.
Sanitation District No. 19 funds will have to be used to cover any overage in costs or the construction of
a second well if the new well becomes contaminated or yields an insufficient amount of water.
III. Reasons for Recommendations and Background:
The 379-unit Pacific Waterways development was approved to connect to the Contra Costa County
Sanitation District 19 (CCCSDI9) water and wastewater systems. As part of the approval, a service
agreement was executed defining the terms and conditions of being serviced by CCCSD 19. In lieu of
paying a portion of the impact fees, the agreement conditions Centex Homes to provide a water well for
their impact on the Discovery Bay water supply system. Due to pending failure of Well 1A, it was
determined that the well to be provided by Centex should replace Well 1A. While Centex was prepared
to proceed with the well, they were delayed while the location of the well was resolved. There were many
issues and factors considered by the community and the engineering consultants in locating the replacement
well.
Continued on attachment: X yes SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON: November 7 , 1995 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT�)
AYES: NOES:
ABSENT: ABSTAIN:
SE:pe I hereby certify that this is a We and correct copy of
g:\EngSvc\SpDist\BO\Centex 7.t11 an action taken and entered on the minutes of the
Board Of SPT
isors on ti�date shown.
Contact: Skip Epperly,(510)313-2253
Orig.Div.: PW(Special Districts) ATTESTED ✓gym 7• `qCYL�,�
cc: Auditor-Controller PHIL BA CHELOR,Clerk of the Board
Accounting OSuperviso7d County d inistrator
Centex Homes
Delta Diablo Water District o
By ,Deouty
AMENDMENT NO. 2 TO CENTEX SERVICE AGREEMENT
NOVEMBER 7, 1995
Page Two
III. Reasons for Recommendations and Background:
Considering community input, technical information and legal considerations, the Board of Supervisors
approved siting the replacement well at the existing Well 1A location. However, based on consulting
engineering reports, Centex believes this location will yield a well that will not satisfy their requirements
under the service agreement. As a consequence of requiring a well at a location that may limit their success,
and therefore their responsibilities under the service agreement, Centex requested indemnification from the
agreement due to water quality issues. The requested change is to permit Centex Homes to satisfy their
service agreement responsibilities to CCCSDI9 by pre-paying CCCSDI9 fees rather than constructing Water
Well 113.
Staff has reviewed the request and recommends acceptance. CCCSDI9 will still improve the water supply
system with the fees prepaid by Centex Homes.
IV. Consequences of Negative Action:
Centex Homes will be unable to fulfill their responsibilities to CCCSDI9 as conditioned in the existing
service agreement.
r
SECOND AMENDMENT TO
SERVICE AGREEMENT
1. PARTIES
Effective on 1995, Centex Real Estate Corporation,
a Nevada corporation ("Centex'), and Contra Costa County Sanitation District No.
19 ("District") mutually agree and promise as follows:
2. PURPOSE
Effective August 16, 1994, the parties entered into an agreement entitled"Service
Agreement" (referred to as the "Agreement"). The Agreement covers
requirements for sewer and water service, applicable fees and credits and other
related subjects in connection with Centex's Pacific Waterways development. The
Agreement has previously been amended as follows: First Amendment dated
April 4, 1995. The parties now desire to further amend the Agreement to allow
Centex to pay a fixed sum to the District in lieu of installing a water well.
3. AMENDMENTS TO AGREEMENT
A. In the Agreement, section B.3.(a), replace with the following:
On or before April 1, 1996, Centex shall offer for dedication to District fee
title to the sewer lift station site (Parcel B, Subdivision 7907), as described
and shown on pages 3 and 4 of Exhibit 3 attached to the agreement. The
property shall be dedicated without cost to District.
B. In the Agreement, section B.9, add the following:
(c) At its option and in full satisfaction of its obligations under this section 9,
Centex may, on or before December 1, 1995, pay to District the sum of
$475,000.00. A portion of said payment may be made in kind, by delivering and
assigning to District consultants' studies, designs, plans and similar materials
pertaining to the proposed well. The value of the in-kind payment shall be
determined by the General Manager of Delta Diablo Sanitation District based
upon the cost of the materials to Centex, without markup, as evidenced by checks,
receipts or other documents satisfactory to him. If part of payment is made in
kind, Centex may satisfy the provisions of this subsection (c) by delivering to
District the materials and a check in the amount of$475,000.00 less the approved
value of the materials. Upon receipt of full payment in cash or kind, the General
-1-
Manager of Delta Diablo Sanitation District is authorized to and shall, on behalf
of District, sign all documents necessary or convenient to release and return to
Centex all security given with regard to the obligations under this section 9 and
Centex shall receive the credit specified in section B.7.(b)(i).
4. REMAINING PROVISIONS
Except as modified by this and prior amendments, all provisions of the Agreement
shall remain in full force and effect.
S. SIGNATURES
These signatures attest the parties' agreement hereto:
CENTEX REAL ESTATE CONTRA COSTA COUNTY
CORPORATION SANITATION DISTRICT NO. 19
By: By:
Title: 0� ✓i.si o ,l w * Gayle Bishop, Chair, Board of
Supervisors, as governing board of
Contra Costa County Sanitation District
No. 19
By:
Title: ATTEST: Phil Batchelor, Clerk of the
Board of Supervisors and County'
Administrator
By:
Deputy Clerk
RECOMMENDED FOR APPROVAL:
Val Alexeeff, qrowth Managlement and
Economic Development Agency
-2-
.. r
FORM APPROVED:
Victor-J. Westman, County Counsel
By��� ✓fit—' �L��dd
David F. Schmidt, Deputy County
Counsel
Note: For corporations, the contract must be signed by two officers. The first signature must be that of
the chairman of the board, president or vice-president; the second signature must be that of the secretary,
assistant secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec. 1190 and Corps. Code,
Sec. 313.) The acknowledgment below must be signed by a Notary Public
CERTIFICATE OF ACKNOWLEDGMENT
State of CALIFORNIA )
ss.
County of CONTRA COSTA )
On the date written below, before me, the undersigned Notary Public, personally
appeared the person(s) signing above for Centex, 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/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Dated: December 20, 1995
[Notary's Seal]
sa.ea.. Notary Public
}
¢ M. Sue Patterson
0)
Comm. 61032787
(�s"• NOTARY PUBLIC CALIFORNIr�
CONTRA COSTA COUNTY 0
,F Comm.Expires July 19.1998
-3-