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Home My WebLink AboutMINUTES - 11062007 - C.96 pevpe-k TO: BOARD OF SUPERVISORS CONTRA FROM: MICHAEL J. LANGO, DIRECTOR OF GENERAL SERVICES "ifs COSTA DATE: NOVEMBER 6, 2007 �//� /] � �? ~�� COUNTY sUBJE RIGHT OF ENTRY AGREEMENT WIT I , 4U`- C, INC., FOR ANDREW H. YOUNG PARK ADJOINING 3000 DANVILLE BOULEVARD, ALAMO (WW0333) CP#06-09 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. APPROVE the Right of Entry Agreement, with Alamo Oak Tree Plaza, Inc., for the period commencing on the date signed by both parties and ending on November 30, 2007, for County's access onto 3000 Danville Boulevard, Alamo, to trench through the existing PG&E easement, to install conduit for utility cables to bring electrical service to the adjoining, County-owned, Andrew H. Young -Park, under the terms and conditions more particularly set forth in the Right of Entry Agreement. 2. AUTHORIZE the Director of General Services, or designee, to EXECUTE the Right of Entry Agreement on behalf of the County. 3. DETERMINE that the project is a Class 4b Section 15304 Categorical Exemption under the California Environmental Quality Act (CEQA). 4. DIRECT the Director of Community Development, or designee, to file a Notice of Exemption with the County Clerk, and DIRECT the Director of General Services, or designee, to arrange for the payment of the handling fees to the Community Development Department and County Clerk for filing of the Notice of Exemption. FINANCIAL IMPACT The work represented by this Right of Entry Agreement to be completed by County at the Andrew H. Young Park is being funded through revenues generated by CSA R-7A. There will be no impact on the County's General Fund. BACKGROUND The County-owned Andrew H. Young Park is adjacent to 3000 Danville Boulevard, Alamo. The property owner for 3000 Danville Blvd., Alamo has been supplying the park with power. PG&E has approved the County's trenching through PG&E's easement so that PG&E can install electrical cable to provide power to the Andrew H. Young Park. CONTINUED ON ATTACHMENT: YES SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE /APPROVE OTHER SIGNATURE(S)q:—�66e�, a� ACTION OF B AR ON O Q APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS _X UNANIMOUS(ABSENT ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: MICHAEL J.LANGO(313-7100) Originating Dept.:General Services Department cc: General Services Department I HEREBY CERTIFY THAT THIS ISA TRUE Real Estate Services Division AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON HE MINUTES OF THE BOARD Accounting OF SUPERVISQRS�ON THE DATE HOWN. '1 Auditor-Con troller(via RES) p�1// �yh•��^✓ Risk Management(via RES) ATTESTEDJOHN 0LLE CLERK OF THE BOARD THE BOARD O SUPERVISORS , 6 N q CAO(via RES) Tucker Associates,Inc.(via RES) AND COUNTY ADMINISTRATOR BY aL DEPUTY I:\LeaseMgt\Board Orders\2007-11-06\3000 Danville Blvd BdO.doc GM:gm Page 1 of 1 M382(10/88) RIGHT OF ENTRY AGREEMENT 3000 Danville Boulevard Alamo, California -Tuc-k��&sociate&,4i+ a California corporation, hereinafter called "Licensor," hereby grants permission to the undersigned Contra Costa County, a political subdivision of the State of California, its officers,employees,agents,and invitees,hereinafter called"County," to enter onto the property better known as 3000 Danville Boulevard, Alamo, California, as shown on Attachment "A," which attachment is attached hereto and made a part hereof, hereinafter called "Property," for the purpose of trenching through the existing PG&E easement to install utility cables to bring electrical service to the adjacent County-owned park (the "Park"). PG&E has requested, in writing,that County perform both the trenching and the laying of conduit through PG&E's easement on the Licensor's Property so that PG&E may install and extend its electrical lines through the conduit to the Park. Licensor's permission is hereby given subject to the following terms and conditions: 1. This Right of Entry to the Property shall commence on the day this Agreement has been finally signed by both parties, and shall terminate no later than November 30, 2007. During trenching, the driveway area shown on Attachment "A" hereof will not be obstructed for more than seven (7) days, unless caused by circumstances over which County has no control. 2. County agrees that during the course of County's work, its agents, contractors, subcontractors, and invitees will use due diligence,and take the necessary precautions,to keep the Property safe and free from hazard. Upon the termination of this Agreement, County shall leave the Property in as good a condition as when the work was started. 3. County agrees to defend, indemnify, save, protect and hold licensor harmless, from any and all claims, demands, costs, losses, actions, injury or death, including without limitation all consequential damages from any cause whatsoever, to persons or property arising directly or indirectly from or connected with this Agreement,County's operations, or County's use or possession of the Premises, and if required, will defend any such actions at the sole cost and expense of County. 4. County is self-insured and has established reserves for public liability and property damage exposure in accordance with generally accepted principals of self-insurance, to cover the losses that would otherwise be covered by commercial policies. Upon request, County shall provide a letter of self-insurance covering the term of this Agreement. 5. This permission for right of entry shall not be transferred or assigned. 6. Both parties agree that this Agreement in no way creates an easement or property rights other than temporary use. cc� COUNTY LICENSOR b/'� , Ig-'e-L �jGil A4 C _ COUNTY OF CONTRA COSTA, a politicalT �T"� -,',�;�•,�.--i—'., a subdivision of the State of California California corporation By By Michael J. Lango, Director of General Services Date Date RECOMMENDED F APPROVAL: a y By Dick R. Awenius Name and Official Capacity Real Estate Manager FORM APPROVED SILVANO HESk�ou ounsel Dy U3;;L � To: BOARD OF SUPERVISORS CONTRA'- � -__ FROM: MICHAEL J. LANGO, DIRECTOR OF GENERAL SERVICES _ 's COSTA DATE: jANVILLE OVEMBER 6, 2007 f. a COUNTY co•. ••J srq-c6ur1`�'� SUBJ CTIGHT OF ENTRY AGREEMENT WITH TES, -gj/rl�n 1t1 C., FOR ANDREW H. YOUNG PARK ADJOINING 3000 �✓`� BOULEVARD, ALAMO (WW0333) CP#06-09 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. APPROVE the Right of Entry Agreement, with Alamo Oak Tree Plaza, Inc., for the period commencing on the date signed by both parties and ending on November 30, 2007, for County's access onto 3000 Danville Boulevard, Alamo, to trench through the existing PG&E easement, to install conduit for utility cables to bring electrical service to the adjoining, County-owned, Andrew H. Young Park, under the terms and conditions more particularly set forth in the Right of Entry Agreement. 2.%,. AUTHORIZE the Director of General Services, or designee, to EXECUTE the Right of Entry t. Agreement on behalf of the County. 3. DETERMINE that the project is a Class 4b Section 15304 Categorical Exemption under the California Environmental Quality Act (CEQA). 4. DIRECT the Director of Community Development, or designee, to file a Notice of Exemption with the County Clerk, and DIRECT the Director of General Services, or designee, to arrange for the payment of the handling fees to the Community Development Department and County Clerk for filing of the Notice of Exemption. FINANCIAL IMPACT The work represented by this Right of Entry Agreement to be completed by County at the Andrew H. Young Park is being funded through revenues generated by CSA R-7A. There will be no impact on the County's General Fund. BACKGROUND The County-owned Andrew H. Young Park is adjacent to 3000 Danville Boulevard, Alamo. The property owner for 3000 Danville Blvd., Alamo has been supplying the park with power. PG&E has approved the County's trenching through PG&E's easement so that PG&E can install electrical cable to provide power to the Andrew H. Young Park. CONTINUED ON ATTACHMENT: YES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S)7 ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS EO UNANIMOUS(ABSENT ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT:MICHAEL J.LANGO(313-7100) Originating Dept.:General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE cc: General Services Department AND CORRECT COPY OF AN ACTION TAKEN Real Estate Services Division AND ENTERED ON THE MINUTES OF THE BOARD Accounting OF SUPERVIS S ON THE DATE SHOWN. Auditor-Controller(via RES) 4 VLh�b� 0 Risk Management(via RES) ATTESTED CAO(via RES) NOHN CULLEN,CLERK OF THE 130ARD OF SUP VISORS Tucker Associates,Inc.(via RES) Z�ITY ADMINISTRATORBY DEPUTY I:\LeaseMgt\Board Orders\2007-11-06\3000 Danville Blvd BdO.doc GM:gm Page 1 of 1 M382(10188) CAO Budget Division Approval: CAO Admin Approval: Analyst Supv. CONTRA COSTA COUNTY BOARD OF SUPERVISORS AGENDA ITEM REQUEST (Do Not Use This Form For Hearings) GG Agenda Date Requested: November 6, 2007 / *1 6 Submitting Department: General Services Contact Person: Dick R. Awenius, Real Estate Manager Phone: 313-725 Proposed Agenda Language: APPROVE and AUTHORIZE th irect General Services, or designee, to EXECUTE a Right of Entry Agreement with Alamo Oak Tree Plaza, Inc., for the period commencing on the date signed by both parties, and terminating on November 30, 2007, for County to trench and install conduit through PG&E's easement at 3000 Danville Boulevard, Alamo for utility cables to bring electrical service to the adjoining, County-owned, Andrew H. Young Park; F+NE"h-atAPsr � the Riot E4 E California Environmental Quality Act(CEQA) Glelss 4b Secti of - ec r. (Funded CSA R-7A) 1 Item Affects ❑ All Supervisorial Districts OR District ❑ I, ❑ II, ® III, ❑ IV, ❑ V Item Submitted for: ® Consent Agenda: No discussion, no speakers, no opposition Category: Leases ❑ Presentation: Five minutes, people present to speak or receive ❑ Short Discussion: Less than five minutes ❑ Deliberation: Longer than five minutes. Time est: min. Person presenting the Presentation, Short Discussion, or Deliberation Item at the Board meeting: Name: Phone: Visual Presentation: if any, please indicate input source and any special instructions for the Board Clerk: Input Source: Special Instructions: Copies required for meeting packets: ♦ Consent Agenda: Original and 1 copy, unless the item is SO pages or more (single sided), or has oversized or color pages, then 12 copies are needed* ♦ Short Discussion: Original and 13 copies* ♦ Deliberation: Original and 13 copies* * if your department needs any executed copies of contracts or agreements returned to your department, you must submit those copies in addition to the Board's minimum number. l:\LeaseMgt\Board Orders`•2007-11-06'\3000 Danville Blvd Agn.doc GM:gm Form Rev 3/6/061E