HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-705 \ ,
Recorded at the request of:
Contra Costa County
Board of Supervisors
r/ Return to:
Public Works Department
Engineering Services Division
THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 2, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 705
SUBJECT: Approving Deferred Improvement Agreement along Evora Road for LUP 2108-01,
(APN 099-160-020),Bay Point area. (District V)
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with Main Street Associates,a California General Partnership,as required
by the Conditions of Approval for LDP 2108-01. This agreement would permit the deferment of
construction of permanent improvements along Evora Road which is located west of Willow Pass
Road in the Bay Point 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
CL:rm taken and entered on the minutes of the Board of Supervisors
G:\GrpData\EngSvc1BO12003\12-02-031LP 2108-01 BO-12-2.doc on the date shown
Originator: Public Works(ES)
Contact: Rich Lierly(313-2348) ATTESTED: DECEMBER 02, 2003
Recording to be completed by COB JOHN SWEETEN Clerk of the Board of Supervisors and
cc: Current Planning,Community Development p
T'hornm/DeNova Hun= County Adnlini.strator
Ian Baird
1899 Clayton Road,suite 110
Coacrnd,CA 94520 By ,Deputy
RESOLUTION NO. 2003/ 705
Recorded at the request of:
Contra costa County CN1T1'Cco ecorder Of f ire
Public Works Departmt
en [! WEIR Clerk-Recorder
Return ring Services Division 00C. 50b- 05877$3-00
Ketone f8: V�Lrr
Public Works Department sday, DEC 04, 2003 08:26:08
Engineering Services Division FRE $9.09
Records Section � � Pd $8.00Nbr-1111$86"4
> rc/RS/1-8
Area:Bay Point
Road: Evora Road
Co.Road No: 5085
Project:LUP 01-2108
APN: 099-160-020
DEFERRED IMPROVEMENT AGREEMENT
(Project: LUP 01-2108)
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See note below)
Maurice M. Shiu,Public Works Director Main Street Associates, a California General
Partnership
By: c�; •+ �
Steven P. Thomas
RECOMMENDED FOR APPROVAL
By. (.; )
,/tnne ervices Division
FORM APP D: 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
4 conform with the designated representative groups pursuant to
Corporations Code§313.)
(see attached notary) `
1. PARTIES. Effective on / , the County of Contra Costar, hereinafter referred to as
"County"and Men Street AssoCdates,a California General Partnership,hereinafter referred to as"Owner"mutually agree and promise as follows:
2. PURPOSE. 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 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"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
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Owner had contract with such city originally. Any annexing city shall have all rights of a third party beneficiary.
d. 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 detennines 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 roil. 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 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 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 plass are
submitted for approval. Owner agrees to commence and complete the work within the time specified in the notice given by the Director ofPublic 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. Alien 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. JOINT 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. REVIEW OF REQUIREMENTS. 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 Board shall be binding upon both County and Owner.
8. ACCEPTANCE OF 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 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 requires 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 pafortnance
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.
:.l I. INDEM1r W. 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 nonuse 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.
Jh
0:\Grptmata\EngSvc\C1v9s\Projects\LUP 2109-01\LLTP 2105-01 AG-12 Main Street Assoc..doc
Rev. April 6,2000
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LUP 01-4108
(Deferred Improvement Agreement)
EX
MIT"A ff
All that real proper situated in the County of Contra Costa,State ofCalifornia,gibed as
follows:
All of that land.described m the deed from Albert V.8treuli,Jr.,trustee of the Strueli Family
Trust dated April 1(}, 1991,to Main Street Associates,a California general Partn.0 rship,recorded and
on file at the Cotte Recorder's Office as lfollows:
Date: amu ust fi 2003
Document Number: 2003384559
ti t£3 £)s1a18�p$ �It7E'210 Qui UP 2108-01 AO-12 MrIn ftvd Asw—.dw
CALIFORNIA ALE-PU OSE ACKNOWLEDGEMENT
Stateof California OPTIONAL SECTION
County of Contra Costa CAPACITY CLAIMED BY SIGNER
On-1-1-15103 before me, LaVonna .1. Though ml v Though statute does not require the Notary to fill in
DA NAME,TITLE OF OFFICER .0.,"JANE DOE.NOTARY PUBLIC` the data below,doing so may prove invaluable to
personally appeared Steven P. Thomas
persons relying on the document.
NAME(S)OF SIGNER(S) ❑ INDIVIDUAL
personally known to me-OR-C proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S)
be the personQp whose nameX is/ow TITLE(s)
subscribed to the within instrument and
%my
AVONNA J. LUMLY acknowledged to me that he/sltltdW executed PARTNER% ❑ LIMITED
the same in his/I>N tris authorizedTARY PUBLIC CAUPORRMM. 1245892 capacity*4,and that by hivIlwallimir C ATTORNEY-IN-FACCT
GENERAL
NO NIAsignatureQy on the instrument the personj�)or
CONTRA COSTA COUNTY w the entity upon behalf of which the personP4 C TRUSTEES)
Comm.Expires Dec.tt,E06S� acted,executed the instrument. G GUARDIAN/CONSERVATOR
0 OTHER:
WITNESS my hand o ficial seal SIGNER IS REPRESENTING:
• 1 (NAME OF PERSON(S)OR ENTITY(tES))
StONATURE OF NOTARY
acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or Main Street Associates
a resolution of its Board of Directors
OP'T'IONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number 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.
I. FOR R ALL §I `NATI RES - The name and interest of the signer should be typed or printed BENEATH the signature. The
namemust be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVID
property must estated. UALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
III. SIRES FSR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have
e authority to sign for" and bind the partnership.
IV. SIGNATURES FGR C Rl''0RATIONS
- Documents s ou �e sign y two officers,one from each of the following two groups:
GROUP 1. Naair of the Board
({b)}The President
c Any Vice-President
GROUP 2. a The Secretary
b An Assistant Secretary
C
The Chief Financial Officer
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 si currently
mg the instrument to execute instruments of the type in question is required.A crently
valid power of attorney,notarized,will su ce.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-lams or a resolution of its Board of
Directors."
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\\PWS4\SHARDATA1GrpData%gSvc\Forms\WORD FORMSIALL PURPOSE NOTARY.doc
9
PARTNERSHIP AGREEMENT
y�y,��
fG AIX-SiET-ASSQCa T d:
By this Agreement entered into on June 14, 1993, STEVEN P.
THOMAS AND BAILEY REVOCABLE TRUST BY ROBERT J. BAILEY agree as
follows:
1. Steven P. Thomas and Bailey Revocable Trust by Robert
J. Bailey hereby form a California General Partnership to be
known as "Main .Street Associates", to engage in the business of
holding property for investment.
2. The principal place of business of the partnership is
to be 3100 Oak Road, Suite 215, Walnut Creek, California, 94596.
3. Each partner shall contribute needed capital to the
partnership and shall divide profits and losses in the following
ratios;
50% for Steven P. Thomas
50% for Bailey Revocable Trust by Robert J. Bailey
4. Capital shall not be withdrawn from the partnership
without the consent of all partners.
5. No interest shall be paid on any capital contri-
butions, advances or loans to the pdrtaership from any partner.
6. No salaries shall be paid to any partner for acting for
the partnership unless agreed to in writing by the other
partner.
1
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fy
7. Each partner shall have equal rights in the management
and conduct of the partnership business, except that any
differences between the partners as to the partnership matters
shall be decided by the majority interest in the partnership.
8. There is to be no restriction on the conduct of other
business by either of the partners.
9. No partner shall engage in any of the following acts
without the written consent of the other partner:
a. Assign, pledge, hypothecate, or mortgage any rsset
belonging to the partnership.
b. pledge the credit of a partnership in any way
except in the ordinary course of partnership business.
C. Make an assignment for the benefit of creditors.
d. Borrow any money in the name of the partnership or
lend any money belonging to the partnership.
e. Sell, mortgage, hypothecate or assign his share in
the partnership or in profits or capital, other than to the other
partners.
Steven P. Tho)masE
r
Bailey ReVo-aftle Trust
By Robert J. Bailey
2