HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-167 Recorded at the request of:
Contra Costa County
Board of Supervisors.
Return to:
Public Works Department
Engineering services Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on April 6, 2004 by the following vete:
AYES: SUPERVISORS GIOIA, UILKEMLA, GREENBERG, DESAULNIER ANIS GLOB
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.2004/ 167
SUBJECT: Approving Deferred Improvement Agreement along Clover Lane for MS 5-00,(APRT
184-110-092),Walnut Creek area. (District II)
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with Oliver Nalley and Christina Nalley, as required by the Conditions of
Approval for MS 5-00. This agreement would permit the deferment of construction of permanent
improvements along Clover Lane which is located at 1255 Clover Lane in the 'Walnut Creek area.
IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director
is APPROVED.
LS.cmm I hereby certify that this is a true and correct copy of an action
G:\GMData\EngSyc\130\2004NO4-06-04\MS 00-Mo05 BO-12.doc taken and entered on the minutes of the Board of Supervisors
on the date shown
Originator: Public Works{ES}
Contact: Frank Navarro(313-2264) ATTESTED: APRIL 06, 2004
Recording to be completed by Title Company
ec: Current Planning,Community Development JOHN N SWEETEN,Clerk of the Board of Supervisors and
Oliver&Christina Nalley
1255 Clover Lane County Adn3inistrator
Walnut Creek,CA 94595
By ,:Deputy
RESOLUTION NO. 2004/ 167
Recorded at the request oh
Contra Costa County
Public Works Department
Engineering Services Division
Return to:
Public Works Department
Engineering Services Division
Records Section
Area: Walnut Creek
Road: Clover Ione
Co.Road No: 3845AR
Project: MS 00-00005
APN: 184-110.042
DEFERRED IMPROVEMENT AGREEMENT
(Project: MS 00-00005)
THESE SIGNATURES ATTEST TO THE PARTIES"AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See note below)
Maurice M. Shiu,Public Works Director Oliver and Christina Nalley
By, �' i {sigymtarx)
Oliver Nalley, Owner f
RECOMMENDED FOR APPROVAL:
By: Pw {signature) 6"YLd #
ngineerzng ervices Division Christina Nalley, Ornllbr "
FORM APPROVED: 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. PARTIES. Effective on 41 ri 16 1 r the County of Contra Costa,hereinafter referred to as"County"and Oliver and Christina Nalley
hereinafter referred to as"Owner"mu ally gree 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. AGREF,,MENT BIN12ING 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
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 ofthe 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 Coro 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. PERFQRMANCE OF THE WORD.. 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 shalt 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. JQINT CQQPERATIVE 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 local improvement district,if this method
is feasible to secure the installation and construction of the improvements.
7. REVIEW Q '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. ACQgPTAbt+CE 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 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. Bim. 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.
to. 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. INDEMNITY. 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 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 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.
LSx,
G:tGrpData\EngSvcll.auric�projects',MS 45-001AG-12.doc
Rev_April 6,2000
MS 00-00005
EXHIBIT "A"
All that real property situated in the County of Contra Costa,State of California,described as
follows:
A portion of Parcel 184-110-092 designated as Parcel B as shown on the parcel map ofMinor
Subdivision 5-00, on file at the County Recorder's Office as follows:
Date:
Book:
Page:
t S.m
G:1GrpData\FngSvclUurielprajacts\MS 05-WiEXHMrr-A.doc
RE: ISIS 00-00005
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 Clover Lane for Parcel B, described in Exhibit "A":
1. Approximately 35 linear meters(115 linear feet)of curb,face of curb located 4.9 meters(16
feet) from the center line of the street.
2. Approximately 35 linear meters(115 linear feet)of 1.4 meter(4-foot 6-inch)sidewalk,width
measured from curb face,built monolithic with the curb.
3. Necessary pavement widening along the frontage of Clover Lane.
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 outlinedin Item 4B of the
agreement or when either of the following occurs:
1. Clover Lane 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 413 of the agreement,
shall mean that the owners of each parcel shall pay one-half of the costs.
LS=
G:1t;spT3stalE�gSa=ciia�etpm}ectslMS OS-UOIE�ITIBt'f-S.dac
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of �,�r 0PTIONAL SECTION
County of I"STP 15 CAPACI`T'Y CLAIMED BY SIGNER
-.�." Q�
On - before ale, t,�^� tr)ff:*X 9— Wi t( Though statute does not require the Notary to fill In
DATBgt NAME.TrrLE OF OFFICER a.a.,"JANE 1)0E,NOTARY PUBLIC* the data below,doing so may prove invaluable to
personally appeared t_, f f ver C f1:'1 tar'' O( ekr r-r-_ persons relying on the document.
pets y pp NAMES)OF SIGNER($) —
-�'�� KINI)IViLIL3AL
0 personalty known to me-OR-)(,proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S)
be the personw whose names}Wo 'mLE(S)
subscribed w the within instrument and
cknowledged to me that ha!�WtMh executed p PARTNER(S) 0 LIMITED
t same in hiaG ur/tl,�r authorize 0 GENERAL
E�ON
� acity ies,and that by /thwr0 ATTORNEY-rN-FACT
CH£LL si at s on the rtic the perso *rt TRtJs I B �entity upon b if £wht "� j��21d EA'OALIFOR"NIA�i1 ted,executedth ins 0 L4 t7NSERYATOR
CtXiLtltl YC] OTHER:
eIL 3.2004 -4 a nd o s SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTrr }}
StONATUR$OF NOTARY
OPTIONAL SECTION ;►
THIS CERTIFICATE MUST BE ATTAC14ED Title or Type of Docu enttv
��
TO THE DOCUMENT AT RIGHT. Number of Pages ` j
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 ALL SIGNATURES 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. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stat
in. SIGN4!= FOR_PARMERSHIPS - Si Hing party must be either a general partner or be authorized in writing to have
the aunt ority to sign for an bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should a signed by two officers,one from each of the following two groups:
GROUP I. a}}Tile Chair of the Board
c}Tlie.President
c Any Vice-President
GROUP 2. a The Secretary
b An Assistant Secr
C
The Chief Financial 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 authlarizin$the personsigning the instrument to execute Instruments of the type in question is required.A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
..and acknowledged to rile that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
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)NPWSA4Sit:AitDATA1GrpDataTn$Svclfam,stWOtLD FORMS%ALL Pi1MSE NOTARY.doc