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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-115 t Recorded at the request of: Contra Costa County Public Works Department Engineering services Division Return to: Public Works Department Engineering services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 5, 2002 by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Mover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.2002/ SUBJECT: Approving Referred Improvement Agreement along Arbol'Via for MS 143-90,(APN 140-150002),Walnut Creek area(District III). The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Todd Roger Fuj inaga,Carlos Hsieh,Ronald Haraguchi,Ann Woo and Debra L. Masamori, as required by the Conditions of Approval for MS 143-90. This agreement would permit the deferment of construction of permanent improvements along Arbol Via which is located in the Walnut Creek area. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. G:\CrrpData\Engsvc1BO\200213-5-021ms 143-90130-12.doc RUM I hereby certify that this is a true and correct copy of an action Orlgleator: Public Works(Es) taken and entered on the minutes of the Board of Supervisors Contact: Teri Ric(313-2363) ec: Recorder(via Title Company)then PW Records on the bate Shown Current Planning,Community Development Richard and Paula Kerr ATTESTED: March 05 , 2 0 Q Z 1790 Ellis street,#22 Concord,CA 94520 JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator By .Deputy 3 RESOLUTION NO.2002/ 115 7. e Recorded at the request of. CONTRA COSTA COUNTY ` J Return to: PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES DIVISION RECORDS SEC'T'ION Area/Dist: Walnut Creek Road: Arbol Via Co. Road No: FK C6 Project: MS 143-90 Assessor's No: 140.150-002 Space above for exclusive use of Recorder. DEFERRED IhRROVE1yiENT AGREEMENT (Project: Subdivision MS 143-90) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA CQUNT'Y OWNER: (See note below} Public Wor Director 4 �q p Os e By: OL ald Haraguchi RECOMMENDED FOR ArPRO OVAL: Mn_ Woo By: r To ger nage Engine ng Services Division Debra L. Masamori FORM AP RP OVED: Victor J. Westman, County Counsel (NOTE: this document is to be acknowledged with signatures asthey appear on deed of title. If Owner is incorporated, signatures must con- form with the designated representative groups pursuant to Corporations Code S313.) State of California )ss ACKNOWLEDGMENT(By Individual, Partnership County of Contra Costa ) or Corporation) On +A. C 0t9.3 before me, + t+ personally appeared Carlos Hsieh, Ronald Haraguchi, Ann Woo, Todd Roger Fujinaga, Debra L. Masamori, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. mo—,,I" ox� CIAL SIAL �+ IIJWIN A. OSHIKA WITNESS eale NOtAny PUBLIC CALIFORN A SANTA CLARA COUNTY My Comm Ezpuea AUC.2,1994 Signature: (Seal) 1. PARTIM Effective on 4 "m 2— , the County of Contra Costa, hereinafter referred to as "County" and Carlos Hsieh, A ur married man and Ronald Haraguchi and Ann Woo,husband and wife, as community property and Todd Roger Fujinaga and Debra L. Masamori, husband and wife, as community property hereinafter referred to as "Owner" mutually agree and promise as follows: 2. PURPOSE. Owner desires to develop the property he owns as 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. I AGREEMENT BINDING ON SUCCESSORS IN INTEREST. This agreement is an instrument affecting the title or possession of the real property described in Exhibit "A". All the terms, 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 "N', 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", shallfulfill all the terms of this agreement upon demand by such city as though Owner had contact 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 improvements 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 the 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 notify 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 commence and the time within which the work shall be completed. All or any portion of said improvements may be required,at a specified time. 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. PERF RMANCE 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 to 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 to start 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 litigation incurred 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. Permission 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. b. JOINT COOPERATIVE PIAN. 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 formation of a local improvement district, if this method is feasible to secure the installation and construction of the improvements. 7. REVIEW OF REOUIItEMENTS. If Owner disagrees with the requirements set forth in any notice to commence installation of improvements, he shall, within 30 days u. 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 IMPROYEMEN _TS. County agrees to accept those improvements specified in Exhibit "T 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 deliver to the County a faithful performance bond and a payment bond in an amount and form acceptable to Countyto 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. IN MNI Y. The 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 permanent drainage facilities or the adequacy, safety, use or non-use of temporary drainage facilities, or the performance or nonperformance of the 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. BAowg C:M5143-90.t11 (ES - 7/92) EXHIBIT "B" ES-Subdivision MS 143-90 IMPROVE NIENTS Improvements required by Contra Costa County Planning Agency and the County Ordinance Code as a condition of approval for the above-referenced development are located along Arbol Via for Parcels A & B, as described in Exhibit "A': 1. Approximately 315 linear feet of curb and gutter, face of curb located 10 feet from the right of way line. 2. Approximately 315 linear feet of 4-foot 6-inch sidewalk, width measured from curb face, built monolithic with the curb and gutter. 3. Approximately 1,575 square feet of street paving to pave between the existing pavement and the curb and gutter. 4. Necessary longitudinal and transverse drainage. 5. Necessary street lights. The final number and location of the lights will be determined by the utility company and approved by the traffic engineer. 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. CONSTICtLTMON 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. Arbol Via 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. 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 one half of the costs. AB:fp MS143-90.t11 EXHIBIT "A" ES-Subdivision MS 143-90 All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcels A & B as shown on Subdivision MS 143-90 as recorded on , , in Book of Parcel Maps, page , on file at the County Recorder's Office.