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HomeMy WebLinkAboutRESOLUTIONS - 01011999 - 1999-412 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Order on August 17, 1999 by the following vote: AYES.. SUPERVISORS GIOIA, DZL EA, GERBER, DESAULNIER, AND CANCIAMILLA NE S: NIS ABSENTNONE ABSTAIN i NON RESOLUTION NO.t UBJE C `: Approval of Reimbursement Agreement for : an.ds aping between the County of Contra Costa and Ray Lehmkuhl and Authorization of public Works Director to sign the Agreement for the County, Subdivision 7456 Alamo area. This agreement is made with reference to the following background: On April 8, 1997, the County and Blackpointe Homes, Inc. entered into a Subdivision A.greement (Right of Way Landscaping)in connection with Subdivision 7456 (Anderson Ranch a subdivision being developed by Blackpointe Homes Inc. in the Alamo area of Contra Costa County. Under the terms of the Subdivision Agreement,Blackpointe to Homes Inc. was'"'required to install,Within one year, certain frontage landscaping, irrigation, columns, and fencr g recurred by the conditions of approval forthe subdvrs ion. To guarantee installation:of the improvements covered by the Subdivision Agreement Ri ht of Way Landscaping), Blackpointe Homes Inc. famished to the County an Improvement Security Bond in the sura. of$41,400.00 issued by Developers Insurance Company ("DICO"), On July 27, 1998, the County and Blackpointe Homes Inc. entered into a Subdivision. Agreement Extension, under the terms of which the time for completion o the improvements was p p extended to April 8, 1999. Blackpointe Hoes Inc. failed to install the required improvements by the extended deadline. As a result, the County submitted a written demand to DICO for payment of the penal sum of the bond $41,400.00) and has received payment from DICO. . Lehmkuhl is the purchaser of one or more lets in Subdivision 7456. In connection with his development and sale of the lot(s),Lehmkuhl has proceeded to install the improvements covered b the Subdivision Agreement (Right of Way Landscaping)scaping) and bond and has asked the County to reimburse him from the payment received by DIC( . The County is willing to reimburse Lehmkuhl subject to the terns of this agreement. greement. The following document was presented for Board. approval this date for,property located in the Alamo area. � I ION N0* 6 X /412 Subject to the limitations set forth below, the County shall reimburse Lehmkuhl for the expenses incurred by Lehmkuhl. in installing, improvements ents cov red by the above- described Subdivision Agreement and bond. 2. The only expenses that shall qualify for reimbursement pursuant to this agreement are actual, out-of-pocket expenses paid byLehmkuhl to a contractor or contractors for installation or construction of the bonded im rovements. .s a pec+ ndition to receiving reimbursement er t from the County,, all of the bonded improvements nts i. ., columns and fencing, frontage landscaping, and irrigation) shall pass all necessary inspections, and Lehmkuhl shall submit to the County detailed invoi es, cancelled checks, and such other documentation. as may be required by the:public Work Department ent tc�document the expenses incurred by Lehmkuhl. In no event shall the total reimbursement to Lehmkuhl under this agreement exceed the sure of$41,400.00, nor shall Lehmkuhl he entitled t any payment of interest. 3. At his option, Lehmkuhl may apply for interim reimbursement in an amount not to exceed $17,420.00 for the columns and fencing. So long as the columns and fen in have passed final inspection and the Public orks. Department is satisfied vith the documentation ofexpenses submitted by Leh kohl, ru a nt for the columns and p' � fencing shall he made to Lhiuhl within Q dais. Thereafter, ehrruhlfdr, y apply final reiml ursernent in an additionalamount not to exceed $23,980.00. So long s all of the bonded improvements have passed final inspection and the Public Works Dep,ar ment satisfied with the u curnentati n of expenses submitted y Lehmkuhl, payment of the remaining amount shall he made to Lehmkuhl within 30 days. Should Lehmkuhl not apply for interim reimbursement for the columns ns fencing, he may submit a single request for final reimbursement when all of the boded nprovern nt&have been completed.leted. So long as all of themrovements have passed final inspection a d the Public Worksel arty er t is satisfied with thedocumentation f expenses submitted by Lehmkuhl,,payment of the total amount i.e.,not to exceed $41,40+x.00) shall he made to Lehmkuhl uh within 30 days. . Prior to receiving reimbursement for an improvement v�ement located within the County road riht `� v, ehrrkuh shall assn t the hunt i writingX11 warrantiesand ,guarantees pertaining to the improvement. 5. This agreement shall terminate on June 1,2000 or upon final payment nt by the County to Lehmkuhl,whichever occurs first. * is agreement constitutes the teal statement e►fhts between the_ g Count and Lehmkuhl concemin reimbursement for oasts of installing imprvements for Subdivision .� f Leh mluhl has not received full rernburernent under this agreement lav June 1, 2000, Lehmkuhl shall have no riht to further reimbursement by the County from any source whatsoever. COUNTY OF CONTRA. COST ' " IMP-A& , '' ,� ,r ,Xie , 11 Public Worr'Di,�� Rayyeh I CERTIFICATE OF ACKNOWLEDGMENT Stale of Carni S. C ounty On the date written below, before me, the undersigned r Notary Public, personally appeared Ray Lehmkuh , verso a known t me (car proved t m n the basis f satisfactory evidence) t be the persons)whose nares rare subscribed to the within instrument and acknowledged to me that he she th y executed the same in:his/her/their authorized a achy ies , and that by is er/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 nand and official seal. Dated: August 9 [Notary's Sear Notary Public ALL � � A KN! WLE. State of California County o contra Costa % - ' before the undersigned NotaryPublic n. in and for said county and State, personally appeared 0 personally known to me_ OR - u proved to ma on the basis of satisfactory evidence to be the person(s)whose nares is are subscribed to the within Fl A.' instrument and acknowledged to me that he/she they executed the carne rin his/her/their authorized capac ty s , and that by '' i nature on the instrument the person)s),or the his/her/their � � p z entity upon behalf of which the person(s)acted,executed the Instrument. „. ._... . =.. "" Witness Wa4ndofficial seat. f:ULTON 1206775 CALIFORN 0 . CQ'SN A 00 .�► (signature of Iota Hobert Fulton DEC.24. AL� PUET.P.5E CKNOLNL9DGMENT State of California Co u my of On before me,the undersigned Notary Public in and for said County and State, personally appeared 0personally known to m -OR- © proved to rye on the basis f satisfactory evidence to be the peons whosename(s),is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed` the carne in his/erAheir authorized capac ty i s and that by his/her/their signature(s) on the instrument the persona ,or the entity upon behalf of which the person(s)acted,executed the instrument. Witness my hand and official seals (signature of glory