HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-394 r
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 June 25, 2002 by the following vote.
AYES: Supervisors Glover, Uilkema, DeSaulnier, Glover, and Gioia
NOES: Done
ABSENT: Done
ABSTAIN: None
RESOLUTION NO.2002/ 394
SUBJECT: Approving Deferred Improvement Agreement along Finley Road for MS 13-98,
(APN 200-100-005), Tassajara area. (District III)
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with John M.Pereira and Debbie L.Pereira,as required by the Conditions
of Approval for MS 13-98. This agreement would permit the deferment of construction of
permanent improvements along Finley Road,which is located at 1505 Finley Road in the Tassajara
area.
IT IS BY THE BOARD RESOLVED that the recommendation ofthe 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
G:ZMData\Engsvc\BO\2002\6-25-02\MS 13-98130-12.doc Supervisors on the date shown
Mew
OrigiATTESTED:__ .111N 95 9002
Contact:
Public Worksact: Chris Lau(313--222293} JOHN SWEETEN, Clerk of the Board of Supervisors and
C
County Administrator
cc, Remder(via Title Company)then PW Records
Cnrent Planning,Comnamity Devebpment
7obn M.Pem"and Debbie L.Pereira By ,Deputy
1505 Finley Road
Pleasanton,CA 94588
RESOLUTION NO.2002/ 394
Recorded at the request of:
Contra Costa County
Public works Department
Engineering Services Division
Return to:
Public Works Departrnent
Engineering Services Division
Records Section
Area: Tassajam
Road- Finley Road
Co.Road No.6323
Subdivision; MS 950013
AP'N: 200.100-005
DEFERRED UNJEROVEMENT AGREEMENT
(Subdivision: MS 980013)
THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO:
CONTRA.COSTA COWNER: (See note below)
Maurice M. Shiu,Public Works Director John M. Pereira and Debbie L. Pereira, who are
married to each other, as joint tenants.
By: By:
M. Pereira, Owner
RE MMENDED FOR APPROVAL,.
By: By:
Services Division Debbie L. Pereira, Owner
FORM APPR VED: Victor J. Westman, County Counsel
(NOTE: This document is to be acknowledged with signatures as they
appear on deed of title. if Chyner is incorporated, signatures must
conform with the designated representative groups pursuant to
Corporations Code§313.)
(see attached notary)
1. EA&M. Effective on t/ .2,5 i the County of Contra Costa, hereinafter referred to as
"County"and John M.Pereira and Debbie L.Pereira hereinafter referred to as"owner"mutually agree and promise as follows:
2. EUKE SE. 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 BANG ON SU CES ORS IN INTERES This agreement is an instrument affecting the title or possession of the real
property described in Exhibit"A." All the term,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 terms ofthis 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 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 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 Omer 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.
3. PERFORMANCE OF"THE WORK. Owner shall perform the work and make the payments required by County asset 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 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.
6. LMT 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 formation of a local improvement district,ifthis method
is feasible to secure the installation and construction of the improvements.
7. REVIEW OF REQUIREMENTS. If Owner disagrees with the requirements set forth in any notice to commence installation ofimprovenents,
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.
S. ACCEPTANCE QF 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 ofway or easements dedicated and accepted byresolution
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 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 harniless 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.
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Rev April 5,2000
Subdivision: MS 980013
Finley Road—Deferred Improvement Agreement
EXHIBrr "A„
All that real property situated in the County of Contra Costa, State of California, described as follows:
A portion of Parcels A, B, and C designated as Finley Road, shown on the parcel map of Subdivision MS
980013, on file at the County Recorder's Office as follows:
Date:
Book:
Page:
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Subdivision: NIS 980013
Finley Read—Deferred Improvement Agreement
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 Finley Road for Parcels A,
B, and C, described in Exhibit"A":
1. Approximately 161 square meters(1730 square feet)of shoulder backing from the pavement widening edge
of pavement.
. Approximately 322 square meters(3460 square feet)of pavement widening and necessary transition for a
4.3 in(14± foot)paved half width of Finley Road.
3. Necessary longitudinal and transverse drainage.
4. Necessary street lights. The final number and location of the lights will be determined by the County Public
Works Department.
5. Temporary conforms for paving and drainage as may be necessary at the time of construction.
6. 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. Finley Road 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 third of the costs.
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G.\GrpDaa1Engsvc\FRM&FMS\EXHIBITS Vl ORMEXHBIT-B.aoc
Rev.Jane 24,1999
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
state Of OPTIONAL SECTION
County 99 CAPACITY CLAIMED BY SIGNER
On before me, s" Though statute does not require the Notary to Ali In
D O s. rANB oT r erEt tc^ the data below,doing to may prove invaluable to
personally appeared
s /t persons relying on the document.
s FS10NWS) l l�> IVIDUAL
personally known to me-OR-D proved to me an the basis of satisfactory evidence to O CORPORATE OFFICER(S)
be the person(s)whose name(s)islare t772M)
subscribed to the within instrument and
.. cknowledged to me that helshehhey executed 0 PARTNER(S) 0 LIMITED
e same in his/het/their authorized 0 GENERAL
F'ATT'f QUiPitJ4N apacity(ies),and that by hislherltheir G ATTORNEY-IN-FACT
Cornmhgon#E 1256971 gnstu on the instrument the person(s)or G TRUSTEE(S)
t4otary PublIC_Callfot ICI a ty on behalf of which the person(s) 0 GUARDIAN/CONSERVATOR
d,exec ted the instrument.ContraCostaCountyd OTHER;
Wq CMM.l Apr 13,2004 S my hand official seal, SIGNER IS REPRESENTING:
(1dM4B OF PERSONS)OR ENMTY(IES))
ell RB F TARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Plumber of Pages
Though the'data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
L FOR ALL
9N - The name and interest of the signer should be typed or printed BENEATI•i the signature. The
name must be signs exactly as it is typed or printed.
U. SIIVMUA--LS-T ie'name must be signed exactly as it is printed or typed. The signer's interest in the .
property must be stated.
III. S - Signing party must be either a general partner or be authorized in writing to have
the authority to sign or an m e partners
m.
SIGN FOR 'O TIONS
duh entts ould be signs y two officers,one from each of the following two groups;
GROUP 1. Nb
The Chair of the Board
The President
Any Vice-President
GROUP 2: a The Secretary
All.Assistant Secretar
c The Chief Financial fficer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only oneoup,must contain the following phrase-
"...and
hrase:" and acknowledged to me#hat such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
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