HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-396 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 Gerber, Uilkema, DeSaulnier, Glover, and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.2002/ 3 9 6
SUBJECT: .Approving Deferred. Improvement Agreement along Danville Boulevard for
Subdivision 8396,(APIA 197-040-010),Alamo area. (District IIT)
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with Taylor Woodrow Homes, Inc., for subdivision being developed by
Alamo-Livorna Associates,L.L.C.,as required by the Conditions of Approval for SUB 8396. This
agreement would permit the deferment of construction of permanent improvements along Danville
Boulevard,which is located in the Alamo 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
G\Grptaken and entered on the minutes of the Board of Supervisors on
:IDatalEngSvclBOt2W216 23-o2VSD 8396 Ho-i2.doc the date shown
originator: Public Works(ES)
Contact: Rich L.ierly(313-2348) ATTESTED:
cc: Recorder(via Title Company)then PW Records JOHN SWEETEN,Clerk of die Board of Supervisors and
Current Planning,Community Development County Administrator
By d ,+1 --- Deputy
RESOLUTION NO. 2002/ 396
Recorded at the request of:
Contra Costs County
Board of Supervisors
Return td:
Public works Department
Engineering Services Division
Records Section
Area: Alamo
Road: Danville Boulevard
Co.Road No: 5301A
Project: SD 8396
APN: 197-040-010
DEFERRED IMPROVEMENT AGREEMENT
(Project: SUB 8396)
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY" OWNER: (See note below)
Maurice M. Shiu, Public Works Director Taylor Woodrow Homes,Inc.,a California Coporation
(signature)
RECOMMENDED FOR APPROVAL:
By (SigMtW'C}
En ervices Division
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 Owner is incorporated, signatures must
conform with the designated representative groups pursuant to
Corporations Code§313.)
(see attached notary)
1. PARIJES. Effective on j , the County of Contra Costa, hereinafter referred to as "County" and Taylor
Woodrow Domes,Inc.hereinafter referred to as"Owner"mutually agree and promise as follows:
2. UPS. 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 BINDING ON SUCCESSORS IN INTEgEST. 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"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 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. STREEI.TREEAND DRAINAGE PROVEME S:
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 descried 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. PERFORMANCE_Q 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 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. MM 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,if this
method is feasible to secure the installation and construction of the improvements.
7. R'RVIEW O REQ JIREMEM. If Owner disagrees with the requirements set forth in any notice to commence installation of improvements,
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 Boatd shall be binding upon both County and Owner.
8. Bf"-CEEMNCE OF IMPLQ_)MMENTB. 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. . 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. . 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.
:kw
C#:GrpthtslEWvc\Fonnx\AG wORMAG-13.doe
Rev. April 6,2000
Subdivision 8396
Deferred Improvement Agreement
EX 1131T "A"
All that real property situated in the County of Contra Costa,State of California,described as
follows; "
All of Lots 1, 2, 3, 4, and 5, shown on the final map of Subdivision 8396, on file at the
County Recorder's Office as follows:
Date:
Book:
Page:
G.-\CtpNtalEngsvc\lmoa 2001 WGva&a%UB 8396 EX A doc
IMAM
Subdivision 8396
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 Danville Boulevard for Lots 1, 2, 3, 4, and 5, described in Exhibit "A".
1. Approximately 53 linear meters (174 linear feet) of curb, face of curb located 3 meters (10
feet) from the right of way line.
2. Approximately 53 linear meters (174 linear feet) of 1.5 meter (5-foot) sidewalk, width
measured from curb face, built monolithic with the curb.
3. Approximately 33 square meters(350 square feet)of streetpaving from existing pavement to
lip of gutter to provide at least a 7.9 meter(26-foot)pavement half width.
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 Danville 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.
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-fifth of the costs.
0-.CGrpDatalEgSvcVor8e120011NovenberfiSUH 8346 EX B.doc
Jfi:tati
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Mtn in n
On 49V t�C before me,® �/ Q;il-Q t a
I Dau ` j t Name and 11de of Cfecer(e.g.,"Jana D ,Notary Pubic')
W
personally appeared _-_-_ i (`1ArY� � rmZ ,
Name(*)of Slgnar(e)
X+ersonally known to me
❑ proved to me on the basis of satisfactory
.,...-»---w-—* --..•. — .� evidence
to be the person(s) whose name(s) is/are
BARBARA G.HOVE subscribed to the within instrument and
Cornmission# 12072D4 acknowledged to me that he/she/they executed
Notory Public-CaCfornia the same in his/her/their authorized
Marin County capacity(les), and that by his/her/their
MyCorr'm•`ipirmJan signature(s)on the instrument the person(s), or
Y the entity upon behalf of which the person(s)
m ,.:._•.�. _.,,_,,,„.., _ acted, executed the instrument.
WITNEq my hand and official seal.
Signature of ury Pub
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capaclty(les) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer®Title(s):
❑ Partner--❑Limited ❑General
❑ Attomey-in-Fact
EJ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1909 National Notary Anodatbn-8358 De Soto Ave.,P.C.Box 2402-Chabwoith,CA 81313.2482-www.nxbonainotery.org Prof.No.5907 Reorder.Coil Toll-Free 1-80047"827