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Contra
TO: BOARD OF SUPERVISORS -
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 January 27, 2009 by the following vote:
AYES: Gioia, Uilkema, Piepho, Glover,
and Bonilla
NOES: None
ABSENT: None '
ABSTAIN: None
- -- -- - - - - - - RESOLUTION NO. 2009/-3-5�
SUBJECT: Approving Deferred Improvement Agreement along Pacheco Boulevard for LP
06-02079, (APN 161-010-023), for project being developed by Lloyd M. and
Beverly L. Staley, as recommended by the Public Works Director, Martinez area.
(District 11)
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with Lloyd M. and Beverly L. Staley, as required by the Conditions of
Approval 'for LP 06-02079. This agreement would permit the deferment of construction of
permanent improvements along Pacheco Boulevard, Martinez area.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works
Director is APPROVED.
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
HS Jc
G:\EngSvc\BO\2009\01-27\LP 06-02079 BO-12 FORM.docx Supervisors on the date shown
Originator: Public Works(ES) ATTESTED:
Contact: 1.LaRocque(3 13-23 15)
Recording to be completed by Clerk of the Board DAVID TWA,leferk of the Vrd of Supervisors and
cc: Current Planning, County Administrator
Department of Conservation and Development
Bridget Staley
10 El Rancho Drive By � ,Deputy
Pleasant Hill,CA 94523
RESOLUTION NO. 2009/ �`�
Recorded at the request of: - ! IIII III III I III II IIII I II II(III III III I IIII I VIII I II
Contra Costa County - i CONTRA COSTA Co Recorder Office .
Public Works Department .STEPHEN L. WEIR
Engineering Services Division ) Clerk-Recorder
Return to: DOC— 2009-0015727-00 -
Public Works Department ;Wednesday,Engineering Services Division .• Y, JRN 28, 2009 09:25:59 1 '
Records Section i FRE $0.00: :
Area: Martinez
Tt 1 Pd $0.00 Nbr-0000019355
.� - ' ire/R9/1-7
Road: Pacheco Boulevard
Co.Road No: 39510
i
t
Project:LP 06-2079 --
APN: 161-010-023
DEFERRED IMPROVEMENT AGREEMENT
(Project: LP 06-2079)
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See note below)
Julia R. Bueren, Public Works Director
A . d"Vf ture)
Lloyd M. taley dk
:CJMMEN
DED FOR APPROVAL:
By: Gm' -- (signature), ti
ngine n,g Sery ces 1&ision Beverly Ljfaley
FORM APPROVED: Victor J. Westman, County.Counsel
(NOTE: This document is to be acknowledged with signatures as they
T appear on deed of title If Owner is incorporated, signatures must
conform with the designated representative groups pursuant to
(.'9' "( NDIARY PUBLIO ALIFDRNIA Corporations Code§313)
VJ -@
(see attached notary) MY COM •E ay STANISLAUS COUNTY 2D16 A
r
I. PARTIES. Effective on ®� /�� /Oq the County of Contra Costa, hereinafter referred to as
"County"and Lloyd M and Beverly L. Staley 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 BINDINGON SUCCESSORS IN INTEREST. This agreement is an instrument affecting the title or possession of the real
property described in Exhibit"A." All the terns,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 terns 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 improverents 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 no 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
continence and the time within which the work shall be completed. All or any portion of said improvements may be required at a specified time.i 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 prior to commencement of 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 tostart of work. In the event Owner or his successor(s)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 litigationincurred by County in connection therewith,and said attorney'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. Pennission 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 plan including the fannation of local improvement district,ifthis method
is feasible to secure the installation and construction of the improvements.
7. . REVIEW OF REOUIREMENTS. if Owner disagrees with the requirements set forth in any notice to commence installation ofimprovements,
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 dr
eliver to the County a faithful perfomance
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.
11. 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
pennanent drainage facilities or the adequacy,safety,use or non-use of temporary drainage facilities,or the performance or nonperfonnance ofthe 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.
,
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UPWS4\SHARDATA\GrpData\EngSvc\Fonns\AG WORD\AG-12.doc ..
Rev. April 6.2000 •r -
ACKNOWLEDGMENT
State of Calm'a
County of /Ckj
On f d`�`Z'4 before me, � /!tQ t��l •1 Gt r6&2 ' Ct
/ (insert name and title/o the officer)
personally appeared CL0 �fC{ levi An"ca ` CZ
who proved to me onthe�atisfactory evidence to be the per hose nam is re
subscribed to the within instrument and acknowledged to methat helsh executed he same in
his/he uthorized capacity, and that by his/h eir ignatur> the instrument the
perso he entity upon beh f of which the pers sacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is,true and correct:
WITNESS m hand and official seal. �^�-^ ELLANORE LAARGENT
Y "� Comm.# 1630296 N
® NFO
OT RY S ANI5Bpu3 CatLIC tm-CALIFORNIA
l 6 d — }dv COM N COUNTY
Signature- (Seal)
LP06-2079 (Dm xo.rcfacnce)
EXHIBIT "A"
All that real property situated in the County of Contra Costa,State of California,described as
follows:
A portion of that land described in the deed recorded and on file at the County Recorder's
Office as follows:
Date: October 28, 1993
Book: 19099
Page: 328
1D:mw _
G:\G Data\EngSvc\Fom \EXHIBITS WORD\EXMBIT-A.doc _ _ ,
RE: LP 06-2079
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 Pacheco Boulevard for Parcel 161-010-023, described in Exhibit "A":
1. Approximately 130 linear feet of curb,face of curb located 10 feet from the west right of way
line.
2. Approximately 130 linear feet of 6.5-foot sidewalk (width measured from curb face, built
monolithic with the curb).
3. Approximately 8320 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. Pacheco Boulevard 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.
.. .y
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 100% of the costs.
6:\GrpData\EngSvc\Forms\EXHIBITS WORD\EXHIBI"I'-B.doe
Rev.December 29.2008