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Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-531 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September. 10, 2002 by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 5 31 SUBJECT: Approving Deferred Improvement Agreement along Livorna Road for MS 3-00, (APN 192-210-012),Alamo area(District III). The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Gene R.Schmidt,Inc.,as required by the Conditions of Approval for MS 3-00. This agreement would permit the deferment of construction of permanent improvements along Livorna Road which is located at 963 Livorna Road in the Alamo area. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. Y hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on CL:cw the date shown G:\GrpData\EngSvc\130\2002\9-10-02\MS 3-00 BO-12.doc ATTESTED.. September 10, 21702 Originator: Public Works(ES) JOHN SWEETEN,Clerk of the Board of Supervisors and Contact: Rich Lierly(313-2348) County Administrator cc: Recorder(via Title Company)then PW Records Current Planning,Community Development By Deputy RESOLUTION NO. 2002/ 5 31 i; Reno ded st the request o! Con*,a Costs County Publi Works Dep utment Engieering services Division Return to: Publ Works Department Ey�ngiritxring services Division Rem.*Section Arent?-Alamo Road..Uvoma Road Co.R--..)ad No:4234A Subd£ision. MS000003 "Nu 192-220-012 DEFERRED Il'viPROVEMENT A!�tREEMENT (Subdivision MS000003) THT,SE'SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: COIF TRA COSTA CQUNTY OWNER: (See note below) Mau:rice;M. Shiu, Public Works Dire Gene R. S 'dt, Inc., format Corporation �- w By: v. t ) By: a R. Schmidt, President ROMMENDED FOR APPROVAL: Bv:--- B ' eering Servins Dxvision ne R. Schmidt, Secretary FO APPROVED: Victor J. Westrnan, County Counsel (NOTE: This document is to be acknowledged with signatures as they appear on deal of title.If Owner is incorporated,signatures must confirm with the designated representative groups pursuant to Corporations Code ¢313.) (sec attkhe d notary) 1. E&M. Effective ona �- theConatyofConiraCoaca,hcsaflerrefeedtoas"County" and Gone R.Schmidt,A California Corpvrution hereinafter referred to as"Owner"mutually agree and promise as follows: 2. Owner desires to develop the property described in Exhibit"A" attached hereto and wishes to defer construction of pe rrruanmt improw meats,and County agrees to such deferment if Owner constructs improvements as herein promised. 3. AGREEMENT BU41D1NG ON SUCCESSORS IN n I BEST. This agreement is an instrument affecting the title or possession ofdre real property describes in Exhibit"A" All the terms,covenants and conditions hexcin imposed are for the benefit of County and the real property or interest therein which constitu`:.cs the County rad 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 o, 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 rwf 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 orignally. Any annexing city shall have all rights of third party beneficiary. e 4. STREET AND DRAINAGE IMPROVEMENTS: A. The improvements set forth in this section may be deferral by Owner and shall be cohstructed when required in the manner set forth in .his 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 Exhif it"A." B. When County Public Works Director determines that them is no further reason to defer construction ofthe improvements because their cci ittruction 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 sn 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 adapted 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 ba s in the cost of the improvements to be installed. 1f 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 perfartn the work and make the payments required by County as set forth herein or as modified by the Basta ofSupervisors. Owner shall cause plans and specifications for the improvements to be prepared by competent persons legally qualified to do the work and shed submit said improvement plans and specifications for approval prior to commencement of the work described in the notice and to pay County inspeci%rn 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 comrence 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 Aart ofwork. In the event Owner or his suceessor(s)in interest fails to construct any ofthe improvements required under this agreement,County may, at its op ion,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 Gen,(Avner shall pay all reasonable attorney's feta,costs of suit anti-all other expenses of litigation incurred by County in connection therewith,and said attorney's fees,costs and other expenses shall also become alien on the pro!=arty 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 comstr iz t the improvements covered by this agreement. 6. JOINT CQQffj&A=PLAN. Upon notice by County,Owner agrees to cooperate with other prop"owners,the County.and other public agenci3 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 fo secure the installation and construction of the improvements. 7. REVIEW OF REOUIRE3vl2TS. If Owner disagrees with the requiranents set forth in any notice to commence installation of improvements,he shall,vi,thin 30 days ofthe date the notice was mailed,request a review of the requirements by the Board of Supervisors ofCounty. The decision of this Board shall boebbinding upon both County and Owner. 8. ACCEPTANCE OF IM MQVEMENTS. County agrees to accept those improvements specified in Exhibit"B"which areconstructodandcompleted in accordance with County standards and requirements and are installed within rights of way or casements dedicated and accepted by resolution ofthe Board of Super-w0m. Owner agrees to provide any necessary temporary drainage facilities,access road or other required improvements,to assume responsibility for the proper,unctioning thereof,to submit plans to the appropriate County agency for review,if required,and to maintain said improvements and facilities in a manned which will preclude any hazard to life or health or damage to adjoining property. 9. BONDS. Prior to County approval of improvement plans,Owner maybe 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 require t-1 and payment of all persons famishing labor and materials in the performance of the work. 10. ItURANCE. Owner shall maintain,or shall require any contractor engaged to perform the work to maintain,at all times during the performance of the word called for herein a separate policy of insurance in a form and amount acceptable to County. 11. . Owner shalt 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 neglige rce,or both,of Owner,his developer,contractors,subcontractors,employees,agents,or anyone directly or indirectly employed byany ofthem.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 facilitiv.,or the adequacy,"fety,use or noir-use of temporary drainage facilities,or the performance or nonperformance ofthe work. This pmvisim shaft not be deerrw€to require the Owner to indemnify the County against the liability for damage arising from the sole negligence or willful misconduct ofthe County or its agents,tervants,or independent contractors who are directly responsible to the County. :kw \\P^rM-,;{ARD ATANGrpDrftTx%3 \ForrmtAGwt7RMAo-i2.dm Rev.Apri 6,2000 ALL-PURPOSE ACKNOWLEDGEMENT State of California County of ��1 �- On before me, AL* Dsic , Aum {DATE.) INOTAR ) personally appeared GENE k. SQ40410E SIGNER(S) personally known to me - OR 6 ( proved to me on the basis of satisfactory evidence to be the person whose name ' is/pf subscribed to the within instrument and acknowledged to me that he/slxa*my executed the same in his/lotftrir authorized capacity(ies), and that by his/ht*{fir signatures(s) on the instrument the person(e', or the entity upon behalf of which the personko-r acted, executed the instrument. - ALEX 7_V0__SlC_K_A____jL WITNESS my hand and official seal. - Comm.01259261 r� NOTARY PUBLI"ALIFORWA Contra Costa Cauaty My Comm.Expires July 27,2m NOT RY'SSrONATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICERMOST kigdm� CiR TYPE OF DOCUMENT 21 0 PARTNER(S) [� ATTORNEY IN-FACT NUMBER OF PAGES �J TRUSTEE(S) GUARDIAN/CONSERVATOR D OF DOCUME OTHER: HER 31GNER IS REPRESENTING. RIGHT THU RINT NAME OF PERSON(S)OR ENTITY{IES) AA Im IGNER z APA 5:99 VAUXY-SIERRA, 800-362-3364 r Subdivision: MS000003 Livorna Road—Deferred Improvement Agreement EXMIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcels A,B and C designated as shown on the parcel map of Subdivision MS000003, on file at the Ca-nty Recorder's Office as follows: Date: Book: Page: GAO*j)ftMW8W\FMWTXMM W,}M err-A-dm x Subdivision: MS000003 Livorna Road--Deferred Improvement Agreement Mf iROVEMENTS Improvements required by Contra Costa County Community Development Department and the County Ordinance Cole as a condition of approval for the above-referenced development are located along Livorna Road for Parcels A, B a:nd C, described to Exhibit "A": 1. '> Approximately 70 linear meters(230 linear feet)of curb,face of curb located 9.8 meters(32 feet)from the centerline of the street and 3.048 meters(10 feet)from the ultimate right of way line. 2. Approximately 66 linear meters(217 linear feet)of 1.5 meter(5 foot) sidewalk„width measured from curb face, built monolithic with the curb. 3. '' Approximately 320 square meters(3450 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. CON STRUCTION 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. Livorna 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 tl intent at this time that the"pro rata basis"of costs,as specified in Item 4B ofthe agreement,shall mean that the overs of each parcel shall pay ones-third of the costs. MW tS:\CrPr,atEngSW rrs W0 D%X rr-s.&C Rev.Jane 1C).2M