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Home My WebLink AboutMINUTES - 12021997 - C18 f TO: � BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: DECEMBER 2, 1997 SUBJECT: APPROVE AGREEMENT TO PROVIDE LANDSCAPING FROM SUNCREST HOMES, SUBDIVISION 7154, ALAMO AREA SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE agreement to provide landscaping for Parcels A and B , Subdivision 7154 dated December 2, 1997 from Sunccrest Homes Number Four LLC, and AUTHORIZE the Chair to execute the above referenced agreement. H. Financial Impact: There will be no impact to the County General Fund. All fees and charges will be paid by the developer. Continued on Attachment:X SIGNAT �p-- / _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _APPROVE _OTHER SIGNATURE (S): ACTION OF BOARD ON /1-;t /q R 7 APPROVED AS RECOMMENDED OTHER_ VOTE OF SUPERVISORS UNANIMOUS(ABSENT 1 AYES: NOES: ABSENT: ABSTAIN: SE:cs G:\EngSvc\SpDist\BO\November\Suncrest 2.tl2 t hereby certify that this is a true and correct Copy of en action taken end entered on the minutes of Me Orig.Div: Public Works(Special Districts) board of Supejv'Jors on the dat3 shown, Contact: Skip Epperly(313-2253) o AS�p of ...1..�w_a,_ 19 97 cc: County Administrator PHIL BATCHELOR,Clerk 04ihp board County counsel of Supervisors and County Administrator P.W.Accounting S.Skaggs,MCCutchen Doyle,Brown,&Enerson Suncrest Homes _ Depuly WB&CT: APPROVE AGREEMENT TO PROVIDE LANDSCAPING FROM SUNCREST HOMES, SUBDIVISION 7154, ALAMO AREA. DATE: DECEMBER 2, 1997 PAGE - 2- 111. Reasons for Recommendations and Background: Parcels "A" and `B" have been deeded to the County in behalf of County Service Area R-7A as park and scenic viewing areas. The Conditions of Approval for Subdivision 7154 required that these two parcels are to be conveyed at recordation of final map for this subdivision. The developer has agreed to improve and maintain parcels "A" and `B". This agreement provides for the improvements and for the subsequent maintenance of parcels"A" and`B". IV. Consequences of Negative Action: The agreement to provide landscaping ro parcels"A" and`B"will not be approved and will leave the County and community without the ability to require improvement and on-going maintenance. AGREEMENT TO PROVIDE LANDSCAPING SUBDIVISION 7154 This Agreement is made and entered into as of the 2nd day of December, 1997, by and between CONTRA COSTA COUNTY, a political subdivision of the state of California ("County') and SUNCREST HOMES NUMBER FOUR LLC, a California limited liability company ("Suncrest'). RECITALS A. Pursuant to the Condition of Approval for Subdivision 7154 of the County of Contra Costa, Suncrest will convey to the County Parcels A and B of Subdivision 7154. B. Pursuant to the Conditions of Approval, Suncrest will install and construct within Parcels A and B landscaping, turf block, pathways, benches, and other improvements in accordance with plans approved by the Zoning Administrator of County on September 25, 1997, and as revised. C. Pursuant to the Conditions of Approval, Suncrest is obliged to maintain the landscaping for a period of two years. D. Suncrest has voluntarily agreed to assume the obligation to maintain the landscaping beyond two years on the terms and conditions provided herein and as partial consideration for certain insubstantial changes in its subdivision improvements. NOW, THEREFORE, the parties agree as follows: 1. By December 2, 1998 Suncrest shall install and maintain thereafter the landscaping and other improvements pursuant to the approval of the Zoning Administrator of the County on September 25, 1997, in a condition consistent with parks maintained by County Service Area R-7A or, if there are no such parks, with Danville parks. 2. Suncrest shall form a homeowners association and have the association assume the obligations of this Agreement. When it does, upon written notice to County Service Area R- 7A, Suncrest shall have no further obligation or liability pursuant to this Agreement. 3. Suncrest shall consult with and advise the staff of County Service Area R-7A regarding performance of the terms of this Agreement. 4. The effective date of this Agreement is December 2, 1997, and it shall remain in effect through December 2, 1999, and shall thereafter continue from year to year unless terminated by mutual consent of both parties. 5. County agrees to indemnify and hold harmless Suncrest, its officers and employees, from County's share of all liability, losses, costs, or expenses, including attorney's fees, arising out of the negligent acts, errors, or omissions of County, its officers or employees, arising out of or connected with this Agreement. Suncrest agrees to indemnify and hold harmless County, its officers and employees, from Suncrest's share of all liability, losses, costs, or expenses, including attorney's fees, arising out of the negligent acts, errors, or omissions of Suncrest, its officers or employees, arising out of or connected with this Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of all parties. 7. Notwithstanding mutual recognition that services under this Agreement may provide some aid or assistance to members of the County's population, it is not the intention of either the County or Suncrest that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Agreement. 8. This Agreement shall be subject to amendment only with the written approval of both parties 9. This Agreement contains the entire understandings of the parties with respect to the subject matter of this agreement and all prior understandings or agreements, oral or written, of whatsoever nature relating to the same subject are superseded by this agreement and are of no further force or effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. COUNTY OF CONTRA COSTA, SUNCREST HOMES NUMBER FOUR LLC, A political subdivision of A California limited liability company the State of California By Sunc e t Homes, I , Its Manager By: By: �. By. �.�. -� Gor ravelle, Preside Chair, Board of Supervisors By: /I,- __ Dean D. Thorn, Secretary ATTEST 7 Phillip Batchelor Clerk of the Board of Supervisors and County Administrator _ By: Deputy (67rk FORM APPROVED: Victor It_County Co s By: Deputy 11 /4193 2 CA973030.029 ej CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of _- c � 1 fof a- 1 County of CoAlra mt�� - U On f V O� . `1 . ��I 7 before me, L. IJLC✓e'ap, ft(bl is l Date Name and Title of Officer(e.g.,"Jane Doe,Notary Pub ") � personally appeared arQIle glra Deas D- Tk2ffi Name(s)of Signer(s) personally known to me–OR– o be the person(s) whose name(s)*/are subscribed to the within instrument and acknowledged to me that k*09tie/they executed the same in 1404er/their authorized capacity(ies),and that by I%Whef/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. Connie L.Azevedo' V Comm.#1087599 �j NOTARY PUBLIC CALIFORNIA _ CONTRA COSTA COUNTY A Comm.Exp.Feb.11,2000•+ ZA�ff ff/(� Signature o C tary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 1 1 Title or Type of Document: femenI �aMwPina tDocument Date: RL Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) X Signer's Name: C1000n C. G►RVCI i - Signer's Name: 1�CRn �• ern 1 ❑ Individual ❑ Individual Corporate Officer [A Corporate Officer Title(s): Title(s): +Q� 1 ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ deneral 1 ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator �- ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: �LcnCY�i' H�W►es Src SHr�Yeyt Ht7`nRs enc_ ®1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827