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TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, BLACKHAWK
GEOLOGIC HAZARD ABATEMENT DISTRICT
FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR
DATE: December 2, 2003
SUBJECT: APPROVE and AUTHORIZE Richard D. Short, Kleinfelder, Inc, General Manager of the
Blackhawk Geologic Hazard Abatement District, to execute a contract with the Blackhawk
Homeowners Association, in the amount of$66,000 for the owners of the properties located at
APN 203-760-028 for the repair of landslides, for the period August 20, 2003 through June 30,
2004, for the repair of landslides, Danville area. (District III)Project No. 7760-6X5147
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE Richard D. Short, Kleinfelder, Inc, General Manager of the Blackhawk
Geologic Hazard Abatement District (CHAD), to execute a contract with the Blackhawk Homeowners
Association, in the amount of$66,000 for the owners of the properties located at APN 203-760-028 for
the repair of landslides, for the period August 20, 2003 through June 30, 2004, for the repair of
landslides.
II. Fiscallmpact:
There will not be any impact on the County General Fund. The BlackhawkCHAD is funded through
revenues generated by special assessments levied on properties within the boundaries of the CHAD.
The subject project will be funded by the CHAD.
�W'
Continued on Attachment: X SIGNATURE:J
RECOMMENDATION OF COUNTY.ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON DEC7EP 02 r 2003 APPROVED AS RECOMMENDED xx OTHER
VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an
xx UNANIMOUS(ABSENT NONE ) action taken and entered on the minutes of the Board of
AYES: NOES: Supervisors acting as the GHAD Board on the date shown.
ABSENT: ABSTAIN:
ATTESTED: DECEMBER 02, 2003
SE:CS:sr JOHN SWEETEN,Clerk of the Blackhawk GHAD Board
G:\GrpData\SpDist\Board Orders\2003\12-12-03 BO-(B)HOA-Eagle Ridge.doc of Directors and Board Administrator
Orig.Div: Public Works(Special Districts)
Contact: Skip Epperly(313-2253)
cc: County Counsel By
Auditor-Controller Deputy
Accounting--L,Holden
E.Whan,Eng.Svc.
GHAD File&Clerical Binder
R.Short,Kleinfelder,Inc,
SUBJECT: APPROVE and AUTHORIZE Richard D. Short, Kleinfelder, Inc, General Manager of the
Blackhawk Geologic Hazard Abatement District, to execute a contract with the Blackhawk
Homeowners Association, in the amount of$66,000 for the owners of the properties located at
APIA 203-760-028 for the repair of landslides, for the period August!20, 2003 through June 30,
2004, for the repair of landslides, Danville area. (District III)Project No. 7760-6X5147
DATE: December 2, 2043
PAGE: 2
III. Reasons for Recommendation and Backoro nd:
During the winter of 1998, a shallow landslide occurred on the common slope behind 923 and 929 Eagle
Ridge, Danville, California. Subsequently, Engeo, Inc. San Ramon, California was retained to observe
the slope failure and make preliminary recommendations. Engeo observed that the slope failurewas
actually larger than anticipated involving the upper area of the slope behind 923 and 929 Eagle Ridge.
The unstable area measured 250 wide by 40 feet high. A repair scheme was recommended that included
excavating and rebuilding the slope with a geogrid reinforced fill and a subdrainage system. At the risk
of further slope movement the repair was deferred. Engeo was requested to update their repair
recommendations in February 1999. Again, the CHAD deferred repair. In!August 2000, the GHAD
addressed the worsening slope conditions with a request that Engeo prepare detailed slope repair and
keyway construction plans and specifications. The repair was again deferred. By the winter of 2002-
2403 the slope movement had extended further onto the homeowners rear yard area creating a sense of
alarm with the homeowners.
The slope repair project was included in the FY 2003/2004 budget with an estimated cost of repair of
$250,000.00. The delay of the slope repair has caused a deterioration of the slope and created a
condition highly likely to cause severe damage to valuable property consisting of the rear yard area
improvements at 923 and 929 Eagle Ridge unless mitigation measures are taken immediately before the
upcoming rainy season.
Signed License Agreements providing the GHAD with sufficient rights to enter upon and repair the
landslide have been executed with the Blackhawk HOA as well as the three affected homeowners. The
License Agreements with the three homeowners provide for the GHAD to partially reimburse the
homeowners the cost of repairing and/or replacing landscaping and other improvements damaged by the
landslide in accordance with the GHAD's interim policy on Funding for the Repair and/or Replacement
of Landscaping and other Improvements Damaged by Landslides.
IV. Consequences of Neeative Action:
Without Board approval, the District will not be able to proceed with the repair of landslide.
Recording requested by:
Blackhawk Geologic Hazard Abatement District
When recorded return to:
Richard D. Short, General Manager
Blackhawk Geologic Hazard Abatement District
4125 Blackhawk Plaza Circle, Suite 103
Danville, California 94506
Assessor's Parcel No. 203-760-028
LICENSE AGREEMENT FOR
LANDSLIDE REPAIR
THIS AGREEMENT is made and entered into this 20t" day of August, 2003, by and between
BLACK-HAWK HOMEOWNERS ASSOCIATION (referred to as "OWNER") and the BLACKHAWK
GEOLOGIC HAZARD ABA'T'EMENT DISTRICT, a political subdivision of the State of California
(referred to as "CHAD").
WITNESSETH:
CHAD was formed under Section 26504 and following of the Public Resources Code for the
purpose of abating geologic hazards in the Blackhawk area.
OWNER owns certain real property within the boundaries of CHAD, Parcel No. 203-760-028, Danville,
California, (Assessor's Parcel No. 203-760-028) shown in Exhibit A attached hereto (referred to as the
"Property"), which property is affected by a landslide.
OWNER has requested that CHAD assist OWNER by repairing the landslide on the Property, and GRAD
is willing to perform the necessary repair work under the terms and conditions of this Agreement.
The purpose of this Agreement is to set forth the arrangement between the parties for the landslide repair
work, as described in Exhibit B attached hereto (referred to as the"Work").
NOW, THEREFORE,the parties agree as follows:
1. OWNER grant to GHAD, its officers, employees, agents, contractors, and consultants an
irrevocable license to enter upon that portion of the Property described or shown in Exhibit C
attached hereto (referred to as the"Repair Area") and to perform the Work thereon. The permission,
hereby granted shall include without limitation the right to bring labor, equipment, vehicles, and
supplies into the Repair Area and to perform all operations necessary or convenient to complete the
Work.
2. To facilitate performance of the Work, OWNER also grants to CHAD, its officers, employees,
agents, contractors, and consultants an irrevocable license to enter upon and use additional property
or roads owned or controlled by OWNER, as described or shown in Exhibit D attached hereto
(referred to as the "Access and Staging Area"). Such permission shall include without limitation
the right to store equipment, vehicles, and supplies within the Access and Staging Area, to operate
equipment and vehicles theron, and to perform all operations necessary or convenient to complete
the Work.
3. The irrevocable licenses granted hereby shall commence on the effective date of this Agreement
and shall continue until June 30, 2404, or until the Work is completed, whichever occurs first.
GRAD shall have the right to terminate this Agreement upon ten days' notice to OWNER.
4. Should a future landslide occur on the Property,whether such landslide represents a reoccurrence of
the landslide covered by this Agreement or constitutes a new landslide, GHAD, in its sole
discretion, may decide to repair such landslide, but shall not be required to do so. Nothing in this
Agreement shall be deemed to impose on GHAD an obligation to repair future landslides on the
Property or elsewhere within the boundaries of GRAD.
5. A. The releases and indemnification set forth in subparts D, E, F, G, and H of this section are
for the sole benefit of CHAD and the other entities and persons listed therein and are not intended
to apply to the contractor, subcontractor and the engineering consultants hired by GHAD.
OWNERS shall retain all remedies that OWNED. otherwise has against the contractor,
subcontractor and engineering consultants hired by GHAD.
B. The construction contract for the Work shall contain language requiring the contractor to
provide indemnification and liability insurance covering OWNER to the same extent as that
provided to GRAD. The contractor shall be required to provide an insurance certificate or
endorsement naming OWNER as additional insured. The insurance shall provide coverage
for personal injury or death and property damage occurring during the performance of the
Work and caused by negligence of the contractor or subcontractors.
C. Except as provided otherwise in subparts D and E of this section, GRAD shall defend,
indemnify, save, and hold harmless OWNER from liability for personal injury or death and
property damage (as limited by subpart H of this section) occurring during the performance
of the Work and caused by the sole, active negligence or willful misconduct of CHAD.
D. OWNER acknowledges that entry into the Repair Area and the Access and Staging Area
carries with it a certain risk and agrees to release, defend, indemnify, save, and hold
harmless Blackhawk GHAD, Contra Costa County, Richard D. Short, Kleinfelder, Inc.,
Sands Construction Company, Inc., and their officers, agents, and employees from any
liability for death of, or injury to, OWNER, members of OVv NER's family, or OWNER's
invitees while present in the Repair Area or the Access and Staging Area during the
performance of the Work, except for liability resulting from the sole, active negligence or
willful misconduct of GHAD.
E. GHAD will instruct its contractor to take precautions during the performance of the Work to try
to avoid causing additional or new damage to the Property or to the improvements located'
thereon (landscaping, fencing, walls, sprinklers, patios, walkways, decks, pools, structures,;
residence, etc.). However, OWNER understand and agree that GRAD shall not be held'
License Agreement—Eagle Ridge Project Page 4 of 10
Blackhawk NEMA
responsible or liable for damage or inconvenience during the performance of the Work resulting
from obstruction of access, noise, dust, vibrations, fumes, cracking, settlement, excavation, or
other inherent or incidental effects of the Work or the instability or other condition of the
Property, and OWNER knowingly waive the right to make any claim against Blackhawk
CHAD, Contra Costa County, Richard D. Short, Rleinfelder, Inc'., Sands Construction
Company, Inc., and their officers, agents, or employees for such damage or inconvenience, and
fully and finally releases them from the same.
F. OWNER understand and agrees that there is no guarantee that the repair of the landslide will be
adequate to prevent the landslide from re-occurring or to prevent new or additional damage
from occurring to the Property or the improvements located thereon. Once the Work has been
completed and accepted. by GHAD, OWNER knowingly -waive the right to snake any claim
against CHAD, and their officers, agents, or employees for any damage, injury, or death
occurring or manifesting itself after such acceptance and resulting from, or in any way
connected with, the Work, and fully and finally releases them from the same.
G. OWNER expressly waive all rights provided by Section 1542 of the California Civil Code,
which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY 'AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.
H. For any damage to or destruction of any portion of the Property or the improvements
located thereon, OWNER' sole remedy shall be limited to recovery of the
reasonable, actual cast of repair, replacement, or diminution in value, whichever is
less, and under no circumstance shall OWNER be entitled to recover consequential
or special damages or for any damages based on emotional distress, loss of use,
revenue,profits, or business opportunities.
5. This Agreement and each and all of the covenants herein contained shall inure to the benefit
upon the successors and assigns of the respective parties hereto.
6. This Agreement shall be subject to modification or amendment only by the written, mutual consent
of both parties.
7. A. All notices under this Agreement shall be in writing. Notice shall be sufficiently
given for all purposes as follows:
(1) When delivered by first class mail, postage prepaid, notice shall be deemed delivered three (3)
business days after deposit in the United States Mail.
(2) When mailed by certified mail with return receipt requested,',notice is effective on
receipt if delivery is confirmed by a return receipt.
(3) When delivered by overnight delivery by a nationally recognized overnight courier,
notice shall be deemed delivered one (1)business day after deposit with that courier.
License Agreement—Eagle Ridge Project Page 5 of 10
Blackhawk HOA
(4) When delivered by telecopy or similar means, notice shall be deemed delivered one
(1) business day after the day it was transmitted by telecopier or similar means,
provided that a transmission report is generated by reflecting the accurate
transmission of the notices.
(5) When personally delivered to the recipient, notice shall be deemed delivered on the
date personally delivered.
B. The place for delivery of all notices given under this Agreement shall be as follows:
OWNER: Blackhawk Homeowners Association
4125 Blackhawk Plaza Circle, Suite 230
Danville, California 94506
GH AD: Richard D. Short
Kleinfelder, Inc
4125 Blackhawk Plaza Circle, Suite 103
Danville, California 94506
Facsimile—(925) 964-0825
or to such other addresses and facsimile numbers as any party may respectively designate by
written notice to the others.
8. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as
if both parties have prepared it. The parties to this Agreement and their counsel have read and
reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to
be resolved against the drafting party shall not apply to the interpretation of this Agreement.
9. If any term or provision of this Agreement shall, to any extent be held invalid or unenforceable, the
remainder of this Agreement shall not be affected.
10. The termination of this Agreement shall not affect the provisions of Sections 4, 5, and 6 of this
Agreement, which shall survive such termination.
11. it is understood that this document contains the entire agreement between the;parties hereto relating
to the landslide repair work and the use of the Property and any other understandings or
agreements, oral or written, of whatsoever nature concerning the matters; contained herein are
superseded by this Agreement and are hereby abrogated and nullified.
License Agreement—Eagle Ridge Project Page 6 of 10
Blackhawk HOA
IN WITNI SS 'I,lf-'RE F,the parties hereto have: executed thi.s License, in duplicate:, the clad+ and
year first above written.
BL ACK AWK HOMEOWNERS BLACKHAWK GEOLOGIC HAZARD
ASSOCIATION � ABATEMENT DISTRICT ("CHAD")IvER � .
By
�r4 Gencral Manager
Owner Name
,
By
-pier Name
i-kppmved as to R)rm:
Silvana Marchesi, Count}- Counsel
Deputy
Acknowledgment ment below must be signed ley a N«tart' Public.
CER`I'IItICA TF("3E+ ACKNOWLEDGMENT
(Statc o!'C:alilctrriita }
( ) ss.
(County of Ocllrt,4—cb"�—
On 6Ujgtq.,, hetE#re cz3e�C�'�
A., tvt taut'I bl c)
Personally
n4ersonally kno,.vn to me
[ Proved to ane on the basis of satisfactory evidence
To he the Persorat wvbose rlariie(K.i;law ubscrit)ed to the within instrument and.ackctt>wledg d to
Izle that he/Slacrfl' , execlzted the sante in his!Iw--4"ir authorized ctapracity(ice, and that by
laks(hcrf reit sintaatttrtt`a oii the instrument the tvnion(),4. or the entity upon behalf of which the
person(�o acted,executed tlae iatstrurxICat.
�Tl d�t,tN�L4
��I1 NI'SS my haml and of ici�al seal �t ��
+
r�n t 'r��ourr
fir.MAY 2 b s
Sidi�n3„sii" otF��l'c t+Ilr
Place NowiT Seat Above
CERTIFICATE OF ACKNOWLEDGMENT
(State of Califibmi }
) ss.
(t'oul ty of
Cat: 0-3 ,before nae, ozi.� ivl e,. C. itiC:Aie. � t� o-t>kr ��tats C-
Date v_ Name and Title of Offircr(e.g.,"Jane Doc,i otrrry Public)
Personally appeared__ L4v-u v�-t,w<,
D'Personally known to me
El Proved to rile oil the basis of satisfactory evidence
To be the person{ -whose nanio)is/ subscribed to tile within instrument and ac�,aatawlcd -d to
me that ehshe/tj)ey executed the sarne in WAer/ter authorized capacityl.ies); arld that by
bie/ er/t on tile instrument the person or tlzc entity upon behalf of which theperson�&Yacted,executed the instrument.
WITNESS my Eland and official seal
PAtULINEC,Mf r tI;
CQI$Missjan*'1321106.
Notay Public-C glir"oM
con"Ceata G!Unty
L t
4
SipaEure cel'Notary Public Place Notwy Seal r t ova
EXHIBIT A
Description of Property
THIS it; YOUR
PROPERTY
APN 203760028
<)
Ole
COMMON
AREA rcmCCUNC
fi NLPAIR
p AREA i
CO ��• �sr
'' Nor ro scn+.c
I.icencc 1lurrcrncnt li;t�lc Ridgc Project Papc 7 of 10
Wzckhawk 110A
Exhibit ]B
Description of Work
Excavate a keyway at the base of the Sailed arca and replace as a drained
engineered fill.
(.ic istic AkYacrsuft t,ugIc Ridgc Project 3'ai ,e 8 ul,10
OlUkhawk HOA
EXHIBIT C
Repair Area
11 tt:1 i„ YOUk
APN 20:17600211 1
REPAIR
} AKLA
r noro:,rn '
ACCESS I
I ARCA AND d'
( }tl1CJC c 4�F •...,, �.i
{ 80AC) ..., COMMON
AREA
�., i`CNCC SIN[
�•r.,,,, ` locu�ay
qL �✓
xS3 -�—�
ag PRopC>SCDlqcl
co 49
i
AiKC A
lyF-o411
C?�b
NOT'YA 5Cnit;
I,iccnrC A��rcuncnt Its�,1i 1{iilf c 1'rojccs 1'a}!c 9 of 10
Wackhawk I IDA
EXHIBIT 0
Access and Staging Area
APN 1031GU024 }
ARF"A
� r
Accts
ARr-A AND
ROAD COMMON
AREA \\\
}i1!i FLNICL L1trL'.
t. (NiY{XCK�Mnie
(f tUr:nLW4)
S4 59
53
46 PROPOSSO ,
okxl 49 AN)
0 I
00
Nor r�rcn�,r
(.]4a+z���^A�;rcutscazi - 1{a�,1c iii<#�;C Yrt�ject
tOackhttwk HOA !',t C 10<tt'10