HomeMy WebLinkAboutMINUTES - 02281995 - 1.14 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 28, 1995 by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Approving Deferred Improvement Agreement along Pleasant Hi11 Road for
Subdivision MS 67-90, Pleasant Hill Area. Assessor's Parcel No. 169-031-003
The Public Works Director has recommended that he be authorized to execute a
Deferred Improvement Agreement with Patricia A. Morrison, as required by the Conditions of
Approval for Subdivision MS 67-90. This agreement would permit the deferment of construction
of permanent improvements along Pleasant Hill Road which is located in the Pleasant Hill area.
IT IS BY THE BOARD ORDERED that the recommendation of the Public Works
Director is APPROVED.
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.
ATTESTED: February 28, 1995
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
By ,Deputy
Contact: Rich Lierly- 313-2348
Originator: Public Works (ES)
cc: Recorder(via Title Company)then PW Records,
Clerk of the Board
Director of Community Development
Patricia A. Morrison
P.O. Box 612
Boulder Creek, CO 95006-0612
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Recorded at the request of:
CONTIG:COSTA COUNTY
Reuan to: PUBLIC WORKS DEPARTMENT /
ENGIIIEE]UNG SERVICES DIVISION
RECORDS SECTION
Area/ Est: �'
Road ZASA t sm H 14J_ 2OA O
Co.Road No: 3 G';�'1 A
Project MS C-17 -4� .
Assessor's No: 16al- 03! - 00
Space above for cw1usive use of Recorder.
DEFERRED IMPROVEMENT AGREEMENT
(Project: HS C-7-96 1
THESE SIGNATURES ATTEST TO THE PARTIES'A HERETO:
CONTRA COSTA COUNTY OWNER (See note below)
J.Michael Welford U�n�
-
Public Works Director
_rAToe_�UA
RECO APPROVAL:
By:
ccs Division
FORM APPROVED: Victor J. Westman,
County Counsel (NOTE: this document is to be aclmowledged with
signatures as they appear on deed of title. If Owner is
incorporated, signatures must conform with the desig-
nated representative groups pursuant to Corporations
Code S313.)
(see attached nxary)
1PARTIES. Effective on AL 28 the countyof Co
f ntra Costa,hereinafter referred to as"County"and"Wrej<-iia M D�4sa�
hereinafter referred to as"Owner"mutually ager and promise as follows:
2 Ply Owner desires to develop the property he owns as de='bed in Exhibit"A"attached hereto and wishes to defer oonstruc-
tion of permanent improvements,and County agrees to such deferment if Owner constructs improvements as hatin promised
3. AGREEMENT BINDING ON SUCCESSORS IN INTEREST. This agreement is an instrument affecting the title or possession of
the real prq)"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 omstitu tes the County road and highway system and shall be binding upon and iaurc to the benefit of the land
dew ribed 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 aAeemeat 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 agreeax:tt 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.
s
4.- STREET AND DRAINAGE R"ROVEh4ENTS:
A. The improvements set forth in this section may be deferred by Owner and shall be constructed when required in
the manner set forth 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,
special assessments or fees on,the property described m Exhibit"A".
B. When the County Public Works Director determines that there is no further reason to defer construction of'the
meats 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 constivctioa The notice shall be mauled to the
current owner or owners of the property as shown on the latest adopted County assessment roll. The notice shall describe the work to be dome
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 If Owns 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 oampetent
persons legally qualified to do the work and to submit said improvement plans and specifications for approval prior to oomm., I of the
work described in the notice and to pay Canty 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 event
Owner or his m=essor(s)m 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
attomeYs 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 become a lien on the property described in Exhibit'A". If the property described in Exhibit"A'is subdivided at the
time said hem are imposed,the amount of said liens shall be divided proportionately among the various parcels. Permission to cuter 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 Canty,and
other public agencies to provide the improvements set forth herein under a joint cooperative plan including the formation of a local iffiprovemeat
district,if this method is feasible to secure the installation and construction of the iniviovemegts: :
7. REVIEW OF REQUIREMENTS. If Owner disagrees with the requirements ser forth in any nbtioe to eommM a installation of
isproyements,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 IMPRO VEIviETTI'I'S. County agrees to accept those its specified in Exhibit B'which are constructed
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
rc#red dents,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
property-
9. BONDS. Prior to County approval of improvement plans,Owner may be n;quired to execute and deliver to the County a faithful
performance bond and a payment bond in an amount and form acceptable to Canty to be released by the Board of Supervisors in whole or in
part upon comple4ion of the work required and payment of all persons furnishing labor and materials in the pafamaaoe 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 amou acceptable to County.
11. INDEhWI'TY. The Owner shall defend,indemnify and save harmless the County,it's 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 ad 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,an 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.
9:ENGSVCWG1ag.12
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State of l "o4G i EG'R it/l
County of ,ci�ti%'/, �ieG�Z—
On 2, before me_/A-,-r c /_v1?G7 C�
_
DATE NAME.Tm.E OF OFFICER-E.G„ JANE DOE,NOTARY PuM)C" c
personally appeared
NAME(S)SIGNERS)
in the capacity as 9 aJ 1,A,) did ciF'y
INDMDUAL,GENERAL PARTNER,CORPORATE OFFICER-E.G..WE PRESIDENT
personally known to me -OR- proved to me on the basis of satisfactory evidence to
be the person(sywhose name is/arssubscribed to the within
instrument and acknowledged to me that be/shehhleyrexecuted
the same in*As/hedthek authorized capacity(ma),and that by
his/herMeir signature(sy on the instrument the person( or the
entity upon behalf of which the person(a)—acted,executed the
/ instrument.
❑He/ /h hey also acknowledged to me that such corporation executed the within instrument
pursuant to its by-laws or a resolution of its Board of Directors.
A H WITNESS my hand and official seal,
COMM.i 1016599
NOTARY 1,011 dAtIFORN1A � �
SANTA(tul COUNTY Signature Notary
M1{oww.Ei/ir*s Fd. 2S. 1991
SIGNATURE REQUIREMENTS
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed in the space provided.
The name must be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's
interest in the property must be stated.
III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing
to have the authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. (a)The Chair of the Board GROUP 2. (a)The Secretary
(b)The President (b)An Assistant Secretary
(c)Any Vice-President (c)The Chief Financial Officer
(d)The Assistant Treasurer
if signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a
resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type
in question is required. A currently valid power of attorney,notarized,wig suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a
resolution of its Board of Directors."
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EXHIBIT "A°
ES-Subdivision MS 67-90
All that real property situated in the County of Contra Costa, State of California, described as
follows:
All of Parcels.A and B as shown on Subdivision MS 67-90 as recorded on , in
Book of Parcel Maps, page , on file at the County Recorder's Office.
EXHIBIT "B"
ES-Subdivision MS 67-90
EMYROVEMENTS
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 Pleasant Hill
Road for Parcels A and B, as described in Exhibit "A":
1. Approximately 1,000 square feet of pavement widening.
2. Necessary longitudinal and transverse drainage.
3. Temporary conforms for paving and drainage as may be necessary at the time of
construction.
4. Removal of decorative brick entrance wall on Teigland Road.
5. Tree trimming as necessary for 300 feet minimum sight distance from Teigland Road.
6. Submit improvement plans to the Public Works Department, Engineering Services Division,
for review. Pay inspection and plan review fees.
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. Pleasant Hill Road is constructed to its ultimate planned width by the County or by an
assessment district.
F 2. Road widening or drainage 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 one-half of the costs.
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