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HomeMy WebLinkAboutMINUTES - 12182001 - C.13 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 18, 2001 by the following vote: AYES: Supervisors Gioia , Gerber , DeSaulnier , Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2001/ 5 9 9 SUBJECT: Approve the Deferred Improvement Agreement along Panoramic Way for MS 1-00, (APN 184-311-009), Walnut Creek area(District II). The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with George F. Tellsworth and Ruby J. Tellsworth, as required by the Conditions of Approval for MS 1-00. This agreement would permit the deferment of construction of permanent improvements along Panoramic Way, which is located at 91 Panoramic Way in the Walnut Creek area. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. G:\GrpData\EngSvc\BO\2001\"remp\MS 1-00 BO-12.doc I hereby certify that this is a true and correct copy of an action CL:lad taken and entered on the minutes of the Board of Supervisors on the date shown Originator: Public Works(ES) Contact: Teri Ric(313-2363) cc: Recorder(via Title Company)then PW Records ATTESTED: December 18, 2001 Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and Gcorge F.Tellswortlt and Ruby J.Tellsworth 36 Mathews Place County Administrator Alamo,CA 93507 Indenmity Company of California Attn: Dan P.Wolf By ,Deputy P.O.Dox 19725 Irvine,CA 92623 RESOLUTION NO.2001/ 599 rRecorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division Records Section Area: Walnut Creek Road: Panoramic Way Co.Road No:3845BE Subdivision: MS000001 APN: 184-311-009 DEFERRED IMPROVEMENT AGREEMENT (Subdivision: MS000001) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) Maurice M. Shiu, Public Works Director George F. Tellsworth and Ruby J. Tellsworth, Trustees of the Tellsworth Family Trust dated June 29, 1994 By: ` By: Georget. Tellsworth, Owner RECOMMENDED FOR APPROVAL: By: By: Services Division Ruby J. fellsworth, Owner FORM APPROVED: Victor J. Westman, County Counsel (NOTE: This document is to be acknowledged with signatures as they appear on deed of title. if Owner is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) (see attached notary) 1. PARTIES. Effective on , the County of Contra Costa, hereinafter referred to as "County"and George F.Tellsworth and Ruby J.Tellsworth hereinafter referred to as"Owner"mutually agree and promise as follows: 2. PURPOSE. Owner desires to develop the property described in Exhibit"A"attached hereto and wishes to defer construction of permanent improvements,and County agrees to such deferment if Owner constructs improvements as herein promised. 3. AGREEMENT BINDING ON SUCCESSORS rN TNTEREST. This agreement is an instrument affecting the title or possession of the real property 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 constitutes the County road and highway system and shall be binding upon and inure to the benefit of the land described 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 agreement 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 agreement upon demand by such city as though Owner had contract with such city originally. Any annexing city shall have all rights of a third party beneficiary. 4. STREET AND DRAINAGE IMPROVEMENTS: 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 in Exhibit"A." B. When County Public Works.Director determines that there is no further reason to defer construction of the improvements 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 construction. The notice shall be mailed 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 done 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 Owner 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 competent persons legally qualified to do the work and shall submit said improvement plans and specifications for approval mor to commencement.o..f the work described in the notice and to pay County inspection fees. 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 successors) in 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 attorney's fees,costs of suit and all other expenses of litigation incurred by County in connection therewith,and said attomey'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 liens are imposed,the amount of said liens shall be divided proportionately among the various parcels. Permission to enter 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 County,and other public agencies to provide the improvements set forth herein under a joint cooperative pian including the formation of a local improvement district, if this method is feasible to secure the installation and construction of the improvements. 7. REVIEW OF REQUIREMENTS. If Owner disagrees with the requirements set forth in any notice to commence installation of improvements, 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 IMPROVEMENTS. County agrees to accept those improvements 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 required improvements,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 required to execute and deliver to the County a faithful performance bond and a payment bond in an amount and form acceptable to County to be released by the Board of Supervisors in whole or in part upon completion of the work required and payment of all persons furnishing labor and materials in the performance 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 amount acceptable to County. II. INDEMNITY. 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 act 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,on 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. :kw \\PWS4\SHARDATA\GrpData\EngSvc\Fonns\AG WORDWG-I2.doc Rev.April 6,2000 Subdivision: MS000001 Panoramic Way—Deferred Improvement Agreement EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcels A and B designated as shown on the parcel map of Subdivision MS000001, on file at the County Recorder's Office as follows: Date: Book: Page: JD:mw GAG Data\EngSvc\Fomis\EXHIBITS WORMEXHIBIT-A.doc Subdivision: MS000001 Panoramic Way—Deferred Improvement Agreement EXHIBIT "B" IMPROVEMENTS Improvements required by Contra Costa County Community Development Department and the County Ordinance Code as a condition of approval for the above-referenced development are located along Panoramic Way for Parcels A and B, described in Exhibit "A": 1. Approximately 37 linear meters (121 linear feet) of curb, face of curb located 4.9 meters(16 feet) from the centerline of the street. 2. Approximately 37 linear meters(121 linear feet) of 1.5 meter(4-foot 6-inch) sidewalk,width measured from curb face, built monolithic with the curb. 3. Approximately 90 square meters (968 square feet) of street paving to pave between the existing pavement and the lip of gutter. 4. Necessary longitudinal and transverse drainage. 5. Necessary street lights. The final number and location of the lights will be determined by the County Public Works Department. 6. Temporary conforms for paving and drainage as may be necessary at the time of construction. 7. Submit improvement plans to the Public Works Department, Engineering Services Division, for review; pay an inspection and plan review fee and applicable lighting fee. 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. Panoramic Way is constructed to its ultimate planned width by the County or by an assessment district. 2. Frontage 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 half of the costs. :mw GAG rpData\EngSvc\FRM&FILS\EXHIBITS WORD\EXHIBIT-B.doc Rev.May 10,2001 CA FORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of d�/ OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER Ori before me, / / Though statute does not require the ATE N , ITLE OF OFFIC R A E DOE, TARY PUB IC" Notary to till in the data below,doing so may prove invaluable to persons relying personally appeared on the document. NAM (S)OF SIG -R(S) ❑ personally known to me-OR- provided to me on the basis of satisfactory evidence to l�–CORP DUAL RATE be the person(s)whose name(s)is/are subscribed ❑ CORPORATE OFFICERS) to the within instrument and acknowledged to TITLE(S) MARY K. FINLEY me that he/she/they executed the same in Commlsslon#1274051 his/her/their authorized capacity(ies),and that by Z ❑ PARTNER(S) ❑ LIMITED his/her/their signature(s)on the instrument the Z@my Notary Public—Collfocrtla ❑ GENERAL Sart Joaquin tit person(s)or the. lily upon behalf w the persons) executed the in t. ❑ ATTORNEY-IN-PACT Comm.ExpimSep11,2004 . ❑ TRUSTEE(S) my hand I eal ❑ GUARDIAN/CONSERVATOR ❑ OTHER: S1 R: T SIGNER IS REPRESENTING: ❑ acknowledged to me that such corporation executed the w' in instrument pursuant to its by-laws (NAME OF PERSONS)OR ENTITY(IES)) or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. 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 b)The President c)Any Vice-President GROUP 2. (a)The Secretary (b)An Assistant Secretary (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,will 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."