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HomeMy WebLinkAboutMINUTES - 11062007 - C.23 C TO: BOARD OF SUPERVISORS, AS GOVERNING ontra �;__.. �5 BOARD OF THE FLOOD CONTROL & WATER CONSERVATION DISTRICT Costa 1 FROM: MAURICE M. SIIIU. CHIEF ENGINEER -� Pti S� COU Count y DATE.: November 6. 2007 S1JB.IECT: APPROVE, and AUTHORIZE the conveyance of fee title to real property from Contra Costa County Flood Control and Water Conservation District to the Pinole Redevelopment Agency, Pinole area. (District II) Project No.: 7505-6F8257 [CP405-25] Gov. Code §25365 Wests Water Code, Appendix 64-31 Deerings Water Code, Uncodified Acts. Act 16565§31 SPEi'IFIC RE(?l!LST(S)OR RECOMMENDATION(S)&BACICGROIIND AND JUSTIFICATION RECOMMENDED ACTION: A. DECLARE that this Board on October 16,2007,approved a Notice of Intention fixing November 6,2007,at 9:30 a.m. or thereafter, in its Chambers,County Administration Building,651 Pine Street,Martinez, California,as the time and place where it would meet to convey the real property described therein to the. Pinole Redevelopment Agency. Said Notice was duly published in the Contra Costa Times in compliance with Govt.Code Section 6061. B. APPROVE_. the conveyance of fee title to the real property owned by the Contra Costa County Flood Control and Water Conservation District(District)to the Pinole Redevelopment Agency. C. Ai-JTHORIZE the Chair, Board of Supervisors, to execute the Grant Deed on behalf of the District. CONTINLJED ON ATTACI IM ENT: ❑x SIGNATURE: ea- L�± IIE(:ONI,�IENDA'I'ION OF C'Ot N l'I AD.IIVISTR,%I'OR RECOMMENDATION OI;BOARD C0MiMITUEE APPROVE OTHER SIGNATURE(S!: :\C IlON f.tl n0: Rf i)N/VO�/Gys�6G V/ 04% ZOW?APPROVED AS REC'OMMFNDED OTI IER V()1'1{(:)F 1,UPERVISORS: I I IEREBY C ERTII-Y TI-IAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON l:NANIMC)US(ABSENT MINU IT.S OF II-IE BOARD OF SUPERVISORS ON THE .AYES: NOES: DA I-E SHOWN. ABSEN I: A13STAIN: Contact: Chcrvl Sousa RDB:CSar ' (:i:`•..Reall'rop.Board Orders 2007\11-06-07 BO-Henry Ave C.'ollwv.doc A11 ES"fED A/OvG O C 2 l r I JOI IN CUL11N.CLERIC Of TI 11BOMZD OF SUPERVISORS (:)ri,-. Div: Public Works(R;P) Comtel: Cheryl Sousa(i 133-21-52) cc: County.Administrator :\editor-Controller(via R%P) BY: DEPUTY Recorder(via R%P) PW ACCountine Board Orders.Sr.Clerk Admin I. Bergeron:Computer Services SUBJECT: APPROVE and AUTHORIZE the conveyance of real property from Contra Costa County Flood Control and Water Conservation District to the Pinole Redevelopment Agency Pinole area. (District Il) Project No.: 7505-6F8257 [CP# 05-25] DATE: November 6, 2007 PAGE: 2 of 2 D. AUTHORIZE HORIZE the Chief Engineer,or designee, to sign the Purchase and Sale Agreement on behalf of the District. E. The Real Property Division is DIRECTED to cause said Grant Deed to be delivered to the grantee for recordin�(j. FISCAL IMPACT: The Pinole Redevelopment Agency will pay the Contra Costa County Flood Control and Water Conservation District$55,160.00 for the above real property rights upon consummation of the sale. The fiinds will be deposited to Zone 9. REASONS FOR RECOMMENDATIONS AND BACKGROUND: The project consists ol' the sale of approximately 3,940 square feet of District-owned property to the Pinole Redevelopment Agency. T11e property is located north of Pinole Creek and east of Henry Avenue. The District no longer needs this property and wishes to sell it as surplus property to the Pinole Redevelopment Agency. CONSEQUENCES OF NEGATIVE ACTION: The District Would own and be liable for maintenance of the property. Recording requested by: Redevelopment Agency of the City of Pinole When recorded mail to: Redevelopment Agency of the City of Pinole 2131 Pear St. Pinole,CA 94561 Attn:Agency Secretary EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE 6103,27383 Space above this line for Recorders use. GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, The CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, herein called "Grantor", hereby grants to the REDEVELOPMENT AGENCY OF THE CITY OF PINOLE, a public body, corporate and politic, hereirt called "Grantee", the real property located in the City of Pinole, County of Contra Costa, California, hereinafter referred to as the "Property", described in Exhibit A and incorporated herein by this reference. 1. Grantee covenants by and for itself, and any successors in interest, that there shall be no discrimination against or segregation of, any person, or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 1292.6.1, subdivision(m)and paragraph (1)of subdivision(p)of Section 12955,and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall Grantee itself or any person claiming under or through it establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Property. The foregoing covenants shall run with the land. 2. All deeds, leases or contracts executed by the Grantee with respect to the Property shall contain or be subject to the following nondiscrimination or nonsegregation clauses: (a) In deeds: "Grantee herein covenants by and for himself of herself,his or her heirs,executors, administrators, and assigns, and all persons claiming under or through them,that there shall be no discrimination against or segregation of a person,or of a group of persons,on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p)of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed nor shall the grantee or any person claiming under or through him or her,establish or permit any practice or practices of discrimination or segregation with reference to the selection,location,number,use or occupancy of tenants,lessees,subtenants,sublessees or vendees in the premises herein conveyed. The foregoing covenant shall run with the land." 954854v2 (b) In leases: "The lessee herein covenants by and for the himself or herself, his or her heirs, executors,administrators, and assigns,and all persons claiming under orthrough him or her, and this lease is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a)or(d)of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1,subdivision (m)and paragraph(1)of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing,subleasing,transferring, use,occupancy,tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself,or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." (c) In contracts: "The contractor herein covenants by and for himself or herself, his or her heirs, executors,administrators, and assigns, and all persons claiming under or through him or her, and this contract is made and accepted upon and subject to the following conditions:that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision(a)or(d)of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1,subdivision (m)and paragraph(1)of subdivision (p)of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein transferred nor shall the contractor or any person claiming under or through the contractor establish or permit any such practice or practices of discrimination or segregation with reference to selection, location, number, use or occupancy of tenants, lessee, subtenants, sublessees or vendees of the property herein transferred. The foregoing provisions shall be binding upon and shall obligate the contractor and any subcontracting parties, successors, assigns and other transferees under the contract." Notwithstanding the foregoing, with respect to familial status, nothing herein shall be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code nor shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to this Section 2. 3. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument; provided, however, that any successor of Grantee to the Property shall be bound by such remaining covenants, conditions, restrictions,limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. 4. The covenants contained in paragraphs 1 and 2 of this Grant Deed shall be binding for the. benefit of Grantee and its successors and assigns and such covenants shall run in favor of Grantee and for the entire periods during which such covenants shall be in force and effect,without regard to whether Grantee is or remains an owner of any land of interest therein to which such covenants relate. Grantee, in the event of any 9548542 2 breach of any such covenants shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other property proceedings to enforce the curing of such breach. The covenants contained in.this Grant Deed shall be for the benefit of and shall be enforceable only by Grantee and its successors. IN WITNESS WHEREOF, Grantor and Grantee have caused Is instrument to be executed on their behalf by their respective officers thereunto duly authorized, this ay of 011AI, 2007. 0 CONTRA CO A UNTY FLOOD CONTROL AND WATER CO SE ON DISTRICT -C it and of Supervisors Date: NOVEMBER Ob, 2007 (Date of Board. Approval) The provisions of this Grant Deed are hereby approved and accepted. REDEV M NT AGENCY OF THE ITY OF PINOLE Executive Director Attest: Approved as to form: Patricia Athenour, Agency Secretary Agency Counsel STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) OnNW• 06, �efore me, B��L. ERW Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared SUP. 1`1 PSD ,who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) „hose 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. By: SF Deputy Jerk 9548542 3 ACKNOWLEDGMENT State of California ) ) ss. County of Contra Costa ) On - i- 2 Zoul before me, a Notary Public, personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(o whose nameM is/ar,6 subscribed to the within instrument and acknowledged to me that he/skt/itrey executed the same in his/for/th$ir authorized capacity(js), and that by his/htsr/toir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(A acted,executed the instrument. WITNESS my hand and official seal. WAMA MXN coexNlewi• 16=51 noun►Ptfc-CO NOMM r"ft cow CW* NOTARY PUBLIC 9548542 4 ROBERT A - K.cil�OV & .�1 SSC? CA.4 TES, 11VC. CIVIL ENGINEERS 707 Beck Avenue, Fairfield, California 94533 Phone: (707) 435-9999 Fax: (707) 435-9988 Project No. A07005 March 13, 2007 EXHIBIT "A" LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF PINOLE, COUNTY OF CONTRA COSTA, STATE.OF CALIFORNIA,BEING A PORTION OF PARCEL ONE DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY FLOOD CONTROL& WATER CONSERVATION DISTRICT (CCCFC & . WCD) RECORDED FEBRUARY 24, 1958 IN BOOK 3125 OF OFFICIAL RECORDS AT PAGE 330, AND SHOWN AS PARCEL X2-4 ON THE MAP TITLED"CCCFC & WCD PINOLE CREEK TIDELANDS TO FREEWAY COMPOSITE HISTORY MAP", DATED FEBRUARY, 1981, DRAWING NO. ED-452 CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northwest corner of Parcel D, as shown on that Parcel Map filed in the office of the Contra Costa County Recorder, June 10, 1980 in Book 86 of Parcel Maps, at Page 34, Contra Costa County Records,said point being the beginning of a curve to the left,of which the radius point lies North 58°40'06" West, 350.00 feet, thence southerly along the arc of the easterly boundary of Henry Avenue, through a central angle of 14°52'07",an arc length of 90.83 feet to the point of a tangent curve to the right having a radius of 400.00 feet,through a central angle of 11°32'05",an arc length of 80.53 feet to a point on the easterly boundary of that Parcel of land per Deed recorded February 24, 1958 in the office of the Contra Costa County Recorder, Book 3125 at Page 330, Contra Costa County Records, said point also being the Point of Beginning:thence southeasterly along the said easterly line South 62°00'08" East,7.49 feet to a point of curve to the right having a radius of 50.00 feet, through a central angle of 48°03'15", southeasterly an arc length of 41.94 feet to a point of compound curve to the right having a radius of 120.00 feet,through a central angle of 33°59'39", southerly an arc length of 71.20 feet to the eastern line of Pinole Creek per C.C.C. Flood Control District document recorded May 12, 1966, Book 5119, Page 370, Contra Costa County Records;thence leaving the easterly line of said Parcel North 48°25'24" West, 81.24 feet to a point on the easterly boundary of Henry Avenue, said point being the point of a curve to the left the radius point of which lies North 53°12'48" West, 400.00 feet; thence northeasterly along the arc through a central angle of 08°47'20", an are length of 61.36 feet to the Point of Beginning,containing 4012.60 square feet or 0..09 acres, more or less. A plat (Exhibit`B") showing the above described Parcel is attached hereto and made a part hereof. Q�pFESSlop'/ A. k99 nom' No.33173 M Exp.6-30-OS >; r *..- sTgT C IQ /% F OF CN �,/', _=_= ROBERT A. KARN ASSOCIATES, INC. POINT OF 707 BECK AVENUE COMMENCEMENT -- FAIRFIELD, CALIFORNIA 94533 Phone: (707) 435-9999 Fax. (707) 435-9988 C / V I L E N G / N E E R S e-mail. rakerakengineers.com © COPYRIGHT 2007 ROBERT A. KARN & ASSOCIATES, INC. ^4r) N co d �O X006' . 14 -Ij pp,OFESS/pNq �oory A-)Od % POINT OF No. 33173 m BEGINNING " S 62'00 08 E Exp. 6f-30-08 rn r 7.49' F OF 00" 9 S 1CP• / J O wU _R)N53'12'4g�°W O° QUITCLAIM cn "t - - PARCEL W o c < ' v < 4,012± SQ. FT. Old w o 0.09± AC. . M z Z cn — N — GRAPHIC SCALE Cp O LiJ 0 10 20 30 J W _ (n lm FEM .ti jj O p II �g O ly O A� cy s�tip EXHIBIT B 90� c PLAT TO ACCOMPANY THE DESCRIPTION OF A PORTION OF PARCEL ONE PER DEED RECORDED O FEBRUARY 24, 1958, BOOK 3125 OF OFFICIAL RECORDS AT PAGE 330, SHOWN AS PARCEL X2-4 ON THE MAP TITLED "CCCFC & WCD ,tis�2 PINOLE CREEK TIDELANDS TO FREEWAY COMPOSITE HISTORY MAP", DATED FEBRUARY, 1981, DRAWING NO. ED-452 CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT RECORDS, CONTRA COSTA COUNTY RECORDS PINOLE, CONTRA COSTA COUNTY, CALIFORNIA MARCH 1.3, 2007 SCALE: 1"=20' A07005/HenryOuitclaim—Plat.dwg Closure output 3-29-07 Henry Avenue, Pinole, California Project No. A07005 March 29, 2007 Closure Calculations for Quitclaim Parcel North: 4724.2525 East: 4220.3388 Course: S 62-00-08 E Distance: 7.49 North: 4720.7364 East: 4226.9522 Arc Length: 41.94 Radius: 50.00 Delta: 48-03-15 Tangent: 22.29 Chord: 40.72 Ch Course: S 37-58-30 E Course In: S 27-59-52 w Out: N 76-03-07 E Ctr North: 4676.5881 East: 4203.4803 End North: 4688.6402 East: 4252.0061 Arc Length: 71.20 Radius: 120.00 Delta: 33-59-39 Tangent: 36.68 chord: 70.16 Ch Course: S. 03-02-57 w Course In: S 76-03-07 w out: S 69-57-14 E Ctr North: 4659.7151 East: 4135.5443 End North: 4618.5820 East: 4248.2743 Course: N 48-25-24 w Distance: 81.24 North: 4672.4947 East: 4187.5013 Arc Length: 61.36 Radius: 400.00 Delta: -8-47-20 Tangent: 30.74 Chord: 61.30 Ch course: N 32-23-31 E Course In: N 53-12-49 w out: S 62-00-09 E Ctr North: 4912.0280 East: 3867.1519 ' End North: 4724.2548 East: 4220.3391 Perimeter: 263.22 Area: 4012.60 0.09 acres Error of Closure: 0.002 Course: S 07-47-44 w Precision 1: 110899.36 Q p ESSIA. p,Uq� N33i73 0. m ,,, EXp. 6-30-O8 sT�TF 1 C Page 1 REAL PROPERTY PURCHASE AND SALE AGREEMENT BY AND BETWEEN PINOLE REDEVELOPMENT AGENCY AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT This REAL PROPERTYPU CHASE AND SALE AGREEMENT(this"Agreement") is entered into effective as of C , 2007 (hereinafter referred to as the "Effective Date"),'by and between the RED VELOPMENT AGENCY OF THE CITY OF PINOLE,.a public body, corporate and politic of the State of California (the "Agency") and the CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California (the "District") (collectively the "Parties"). WHEREAS, the District is the owner of that certain real property in Contra Costa County, California, located in the City of Pinole, and more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Land"); and. WHEREAS, in accordance with the terms and conditions contained herein, the Agency desires to purchase, and the District desires to sell, the Land together with all improvements located thereon and all easements, hereditaments, and appurtenances belonging to or inuring to the benefit of the District and pertaining to the Land, (all of the foregoing collectively hereinafter, the "Property"); and WHEREAS,the Agency is a Redevelopment Agency formed, existing and exercising its powers pursuant to the provisions of the California Community Redevelopment Law, Health and Safety Code Section 33000 et. seq. ("Community Redevelopment Law"), and pursuant to the authority granted there under, the Agency has the responsibility to carry out the Redevelopment Plan for the Pinole Vista Redevelopment Project ("Redevelopment Plan"); and . WHEREAS, the Property is located in an area governed by the Redevelopment Plan, and the Agency's purchase of the Property as provided for in this Agreement is consistent with and furthers the goals and objectives of the Redevelopment Plan; and WHEREAS, the District desires to sell the Property to fund flood control maintenance of Pinole Creek; and WHEREAS, on November 16, 2004, the governing body of the Agency (the "Redevelopment Agency Board") authorized the Executive Director of the Agency to enter into a Purchase and Sale Agreement to acquire the Property for the purpose of additional parking for the Gateway Plaza-West Project; and 801843_4 1 WHEREAS, after the execution of this Agreement, this Agreement is subject to approval by the Board of Supervisors of the District; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Agreement to Sell and Purchase. The District agrees to sell and the Agency agrees to purchase the Property subject to the terms and conditions of this Agreement. 2. Purchase Price. The purchase price for the Property shall be Fifty Five Thousand One Hundred Sixty Dollars and 00/100 cents ($55,160.00) (the "Purchase Price"). 3. Conveyance of Title. At the close of escrow, the District shall convey by grant deed to the Agency marketable fee simple title to the Property subject to all existing easements, covenants, conditions, restrictions, reservations, and all other encumbrances, whether the same be recorded or unrecorded. 4. Escrow, Escrow Instructions. Prior to the Effective Date, the Parties shall open an escrow to consummate the purchase and sale of the Property pursuant to this Agreement at the office of Land America Commonwealth Title Company, Commercial Services located at One Market Street, Spear Tower, Suite #1850, San Francisco, California (the "Title Company or the "Escrow Agent") or other such person as may be mutually agreed upon by the Parties. The Parties shall deposit with the Escrow Agent an executed copy of this Agreement, which shall serve as the joint escrow instructions of the Agency and the District for this transaction, together with such additional instructions as may be jointly executed by the Parties and delivered to the Escrow Agent. 5. Closing Funds and Documents. (a) Agency. The Agency acknowledges and understands that the District requires the Agency to deposit the Purchase Price into escrow before it can consider this Agreement for approval. The Agency shall deposit with the Escrow Agent the Purchase Price, including any costs associated with this Agreement, prior to the approval of this Agreement by the District. In the event of termination of this Agreement, all monies deposited by the Agency shall be refunded to the Agency. (b) District. No'later than five (5) business days after the District approves this Agreement, the District shall execute and deliver a Grant Deed, substantially in the form attached hereto as Exhibit B and incorporated herein by this reference (the "Grant Deed"), to the Escrow Agent conveying to the Agency fee simple title to the Property, subject only to exceptions approved pursuant to this Agreement. 6. Close of Escrow. The Agency acknowledges and understands that this Agreement is subject to approval by the District and that escrow shall not close unless and until the District approves of this Agreement. Unless this Agreement is terminated 801843_4 2 pursuant to the terms hereof or extended by mutual written consent of the Parties, escrow shall close no later than thirty (30) business days after the District approves of this Agreement. The Escrow Agent shall close escrow by: (i) delivering to the District the monies constituting the Purchase Price of the Property and any costs associated with this Agreement; (ii) causing the Grant Deed to be recorded in the official records of Contra Costa County, California; and (iii) delivering to the Agency the original Grant Deed, together with a conformed copy thereof indicated recording information thereon. The District shall retain possession of the Property until the Escrow Agent records the Grant Deed. If the Agency does not close escrow within ninety (90) days from the Board Approval Date (Effective Date), this Agreement shall be terminated and all monies deposited by the Agency shall be refunded to the Agency. 7. Closing Costs. The Agency agrees to pay all costs of escrow, title insurance, and recording fees, if applicable. 8. District's Conditions to Closing. The close of escrow and the District's obligation to sell the Property are conditioned upon: (i) the performance by the Agency of each obligation to be performed by the Agency under this Agreement within the applicable time period, or waiver by the District of such obligation; and (ii) the Agency agreeing to combine the Property with its adjacent property to create one parcel based on the understanding that the Property is not capable of independent use. 9. Agency's Conditions to Closing. The close of escrow and the Agency's obligation to purchase the Property are conditioned upon: (i) the performance by the District of each obligation to be performed by the District under this Agreement within the applicable time period, or waiver by the Agency of such obligation. 10. No Representations or Warranties. The District makes no representation, warranty, claim or guaranty, of any kind, as to the condition and/or possible uses of the land or any improvements thereon, as of the Effective Date. 11. Consolidation of Parcels. The Agency acknowledges and understands that the Property is not capable of independent use and agrees to combine the Property with its adjacent property to create one parcel. The Agency will complete any necessary lot fine adjustments, record any instruments and undertake any other actions to aggregate the Property with the Agency's adjacent property. 12. Termination. Each party reserves the right to terminate this Agreement at any time prior to the recording of the Grant Deed. This Agreement shall be terminated if the District does not approve of this Agreement. 13. Notices. All notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. 801843_4 3 District: Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive Martinez, CA 94553 Attn: Cheryl Sousa Phone: (925) 313-2252 Fax: (925) 313=2333 Agency: Redevelopment Agency of the City of Pinole 2131 Pear Street Pinole, CA 94364 Attn: Executive Director Phone: (510) 724-9000 FAX: (510) 724-9826 14. Waivers; Modification. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party. This Agreement may be amended or modified only by a written instrument executed by the Parties. 15. Successors. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assignees of the Parties. 16. Construction. The section headings used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since both Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it. ` . 17. Action or Approval. Where action and/or approval by the Agency is required under this Agreement,the Agency's Executive Director may act on and/or approve such matter unless the Executive Director determines in his or her discretion that such action or approval requires referral to Agency's Board of Directors for consideration. The time periods afforded the Agency for any event, inspection, feasibility, due diligence, escrow closing or otherwise shall not be extended by any such referral to the Agency's Board of Directors. 18. Entire Agreement. This Agreement, including Exhibits A and B, attached hereto and incorporated herein by this reference, contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior written or 801843_4 4 oral agreements, understandings, representations or statements between the Parties with respect to the subject matter thereto. 19. Severability. If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged thereby. 20. No Third Party Beneficiaries. Nothing in this Agreement is.intended to or shall confer upon any person, other than the Parties and their respective successors and assigns, any rights or-remedies hereunder. 21. Parties not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. 22. Non-Liability of Officials, Employees and Agents. No member, official, employee or agent of the Agency shall be personally liable to the District or its successors in interest in the event of any default or breach by the Agency or for any amount which may become due to the District or its successors in interest pursuant to this Agreement. 23. Time of the Essence. Time is of the essence for each condition, term, obligation and provision of this Agreement. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. 25. Time for Performance. When the time for performance of any obligation under this Agreement is to be measured from another event, such time period shall include the day of the other event. If the day of the time.for performance is not a regular business day, then the time for such performance shall be by the regular business day following such day. SIGNATURES ON THE NEXT PAGE 801843_4 5 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. DISTRICT AGENCY CONTRA COSTA COUNTY FLOOD THE REDEVE PEMENT AGENCY OF CONTROL AND WATER THE Cl NOLE CONSERVATION DISTRICT By Its Executive Director Recommended to the Board of Supervisors for Approval ATTEST By R al Pro rty Agent . Agency Secretary By ` ! APPROVED AS TO FORM: Principal Real Property Agent Byc.� Agency Counsel APPROVED By v• Jrr Mau iee�l� Shiu Chief Engineer Date: ///0 (Date of Bo rd Ptpproval .801843_4 6 ROBERT .4 . KA RIV & ASSOCIATES , 11V C. CIVIL ENGINEERS 707 Beck Avenue, Fairfield. California 94533 Phone: (707) 435-9999 Fax: (707) 495-9988 Project No. A07005 March 13, 2007 EXHIBIT "A" LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF PINOLE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL ONE DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (CCCFC & WCD) RECORDED FEBRUARY 24, 1958 IN BOOK 3125 OF OFFICIAL RECORDS AT PAGE 330, AND SHOWN AS PARCEL X24 ON THE MAP TITLED "CCCFC & WCD PINOLE CREEK TIDELANDS TO FREEWAY COMPOSITE HISTORY MAP", DATED FEBRUARY, 198.1, DRAWING NO. ED-452 CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northwest corner of Parcel D, as shown on that Parcel Map-filed in the office of the. Contra Costa County Recorder, June 10, 1980 in Book 86 of Parcel Maps, at Page 34, Contra Costa County Records, said point being the beginning of a curve to the left,of which the radius point lies North 58°40'06" West, 350.00 feet, thence southerly along the arc of the easterly boundary of Henry Avenue, through a central angle of 14°52'07",an arc length of 90.83 feet to the point of a tangent curve to the right having a radius of 400.00 feet,through a central.angle of 11'32'05",an arc length of 80.53 feet to a point on the easterly boundary of that Parcel.of land per Deed recorded February 24, 1958 in the office of the Contra Costa County Recorder, Book 3125 at Page 330, Contra Costa County Records, said point also being the Point of Beginning: thence southeasterly along the said easterly line South 62°00'08" East,7.49 feet to a point of curve to the right having a radius of 50.00 feet, through a central angle of 48°03'15", southeasterly an arc length of 41.94 feet to a point of compound curve to the right having a radius of 120.00 feet, through a.central angle of 33°59'39", southerly an are 1_ength of 71.20 feet to the eastern line of Pinole Creek per C.C.C. Flood Control District document recorded May 12, 1966, Book 5119, Page 370, Contra.Costa County Records; thence leaving the easterly line of said Parcel North 48°25'24" West, 81.24 feet to a point on the easterly boundary of Henry Avenue, said point being the point of a curve to the left the radius point of which lies North 5301.2148" West, 400.00 feet; thence northeasterly along the arc through a central angle of 08°47'20", an arc length of 61.36 feet to the Point of Beginning, containing 4012.60 square feet or 0..09 acres, more or less. A plat (.Exhibit "B") showing the above described Parcel is attached hereto and made a part hereof. �pFEsslo A. �q � No. 33173 T y Exp, 6-30-08 9TF OF Q �y