HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-743 Recorded at the request of:
Contra Costa County
Hoard 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 December 9,2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILKFMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 743
SUBJECT: Approving Deferred Improvement Agreement along Parr Boulevard for DP 3068-01,
(APN 408=190-033, 034),Forth Richmond area. (District I)
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with The Overaa Family Limited Partnership,as required by the Conditions
of Approval for DP 3068-01. This agreement would permit the deferment of construction of
permanent improvements along Parr Boulevard which is located in the North Richmond area.
IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director
is APPROVED.
G:\GrpData\EngSvc\HO\2003112-09-031DP 31768-01 BO-12.doc I hereby certify that this is a true and correct copy of an action
Ls:rm taken and entered on the minutes of the Beard of Supervisors
Originator: Public Works(ES) on the date shown
Contact: Rich Lierly{313-2363}
Recording to be completed by COB ATTESTED:
cc: Current Planning,Community Development JOHN SWEETEN,C erk o e Boar of Supervisors and
County Administrator
By DECEMBER 09, 2003 ,Deputy
RESOLUTION NO.2003/ 743
Recorded at the request of:
ContraCosta comity
Public works DepartmentCONTRA COSTA Co Recorder Office
Engineering Services Division STEPHEN I IR Clerk-Recorder
Return to: DOC-- 200h--X1597797- 00
Public works Department
Engineering Services Division Wednesday, DEC 10, 2003 11-49-',!3
Records Section FRE $6."
Area: North Richmond Tt 1 Pd $8,N Nbr-V��� 7
Road: Parr Boulevard 1 r e/RS/1—Ei
Co.Road No: 0564C
Project: DP 3M-01
AM 405-190-033&405-190-034
DEFERRED IMPROVEMENT AGREEMENT
(Project: DP 3068-01)
THESE SIGNATURES ATTEST TO THE PARTIES"AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See note below)
Maurice M. Shiu, Public Works Director Overra Family Limited Partnership
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By: Y {. >
Mia
RECOMMENDED FOR.APPROVAL:
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By:
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E e g Services Division mid
FORM APPROVED: Victor J. Westman,County Counsel
(NOTE: This documemt 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)
I PARMS Effective on the County of Contra Costa,hereinafter referred to as"County"and
Overra Family Limited Partnerhip hereinafter referred to as"Owner"mutually agree and promise as follows:
2. PUMQSE 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. AQR=ENT BINDING ON SUC&ESSQU 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 ofthe 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. Upo&amexation toAny city,Owner,or
those who succeed him as owner of the property described in Exhibit"A,"shall fulfill all the terns 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. STREET ND DRAINAGE IM
PROVEMENTS:
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 sof 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 Owner in writing to commence their installation and construction. The notice shall be mailed to the current owner or owners ofthe 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.
$. PERFORMANCE OF THE WORD.. Owner shall perform the work and make the payments required by County asset forth her6norminodified
by the Board of Supervisors. Owner shall cause plans and specifications for the improvements to bepmparedbycompcwmtpcnwmlegdly.qwMtdto do
the work and shall submit said improvement plans and specifications for approval prior to commencement ofthe work described in the noticeM dd 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. IfCounty
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. JOT1y'Y'C PERATIVE 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 REOUIREMENTS. If Owner disagrees with the requirements set forth in any notice to commence installation ofimpmvements,
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 INMROVEMENTS. County agrees to accept those improvements specified in Exhibit"B"which are constructed and
cornpleted in accordance with County standards and requirements and are installed within rights of wady 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 itiiprovements,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. BQMS 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 Supeivisors 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 perforin 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. am . Owner shall defend,indeiimify 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
ofnegligence,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 ofthe 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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G.NGM %titTagSvcUorgtVO02\AugusODP 3068-61 AG-I2.doc •�
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State o OPTIONAL SECTION
Colmty Of A CAPACITY CLAIMED BY SIGNER
RnIAXLOn before me, hough statute does not require the Notary to till In
NAt�ts of o E.o.,•) e,NOT uc• the data-below,doing to may prove Invaluable to
orally appeared � 0 n persons relying on the document.
NAMEM OFstcrWS) D INDIVIDUAL
personalty known to me-OR-D proved to me on the basis of satisfactory evidence to D CORPORATE OFFICER(S)
be the person(s)whose name(s)is/are TtTt.e(s)
subscribed to the within instrument and
acknowledged to me that he(shelthey executed D PARTNER(S) D LIMITED
the same in his/her/their authorized
ca aci D GENERAL
p lye's)},and that ru hent the eir D ATTORNEY-IN-FACT
r IV � i3PVlERIY 11t�N SMf'tt signature()}on the instrument the person(s)or
�17J'93d9entiupon behalf of whi the person{s} D TRUSTEE(S)
�,y P�- &the ,
d the instar D GUARDIAN/CONSERVATOR
Ccea C��y D OTHER:
rid and o s ,
SIGNER 1S REPRESENTING:
AA
77 7____ (NAM sa aF PtsoN(s)OR ttxrtrY(ffis)}
OF
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Dbeument
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
INSTRUCTIO S fid 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 ALL Ski S -The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
II. SIGrNATURBS FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
ITI.
SIMJ6=S FOR PARI MS - Si ng party must be either a general partner or be authorized in writing to have
the authonty to sign for and binde partnership.
IV. SIGNATURES FOR Q=ORATIONS
Documents s o de Signe y�two officers,one from each of the following two groups:
GROUP 1. {{a)) f
The Chair of the Board
(b)The President
(c Any Vice-President
GROUP 2. a The Secretary
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 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 one group,roust contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
X-1=w . s
XWWS44l5Frex ATA`apDatSt ,rolFonn�WORn FORri%AU Ptraross NoTARY.doC
DP 3068-01
Deferred Improvement Agreement
EXHEBIT "Aft
All that real property situated in the County of Contra Costa,State of California,described as
follows:
All of that land described in the deed from Gerald D. Overaa and Gail L. Overaa,his
wife, as joint tenants to Overaa Family Limited Partnership,recorded and on file at the County
Recorder's Office as follows:
Date: January 14, 1997
Document Number: 97-6589
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G:\GarpData\EngSvcVorge120031Augwt\DP 3068-01 err-A.doe
F
DP 3068-01
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 Parr
Boulevard for Parcels described in Exhibit"A":
I. Approximately 640 linear feet of curb,face of curb located 10 feet from the ultimate right of way
line.
2. Approximately 640 linear feet of 6-foot 6-inch sidewalk,width measured from curb face,built
monolithic with the curb.
3. Approximately 340 square feet of concrete walkway,from the 6-foot 6-inch sidewalk to the entry
plaza,as shown on sheet SAO I (see site plan Note#26)on the approved site plan received by the
Community Development Department on October 16, 2001. At minimum, the walkway shall
meet all ADA requirements.
4. Approximately 12,800 square feet of street paving to pave between the existing pavement and the
lip of gutter.
5. Necessary longitudinal and transverse drainage.
6. Necessary street lights. The final number and location of the lights will be determined by the
County Public Works Department.
7. Temporary conforms for paving and drainage as may be necessary at the time of construction.
8. 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 ofthe agreement
or when either of the following occurs:
1. Parr 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 each owner shall pay the costs based on the amount of frontage their respective parcels have
along Parr Boulevard.
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G--s OiTPD%talEngSvcVOfge\20021AuVzt\DP 3068-0I EX IIBIT-B.doc