HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-364 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 July 13, 2404 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/364
SUBJECT: Approving Deferred Improvement Agreement along Danville Boulevard for LP 01-
02142, (APN 197-090-003), Alamo area. (District III)
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with San Ramon Valley United Methodist Church, as required by the
Conditions of Approval for LP 01-02142. This agreement would permit the deferment of
construction of permanent improvements along 902 Danville Boulevard, which is located in the
Alamo 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
taken and entered on the minutes of the Board of Supervisors
ys:gpp on the date shown
G:\GrpData\EngSvc\BO\2004\07-13-04\LP 012142 Bo-12.doc
Originator:Public Works(ES)
ATTESTED: JULY 13, 2004
Contact: Frank Navarro (313-2264) JOHN SWEETEN, Clerk of the Board of Supervisors and
Recording to be completed by COB County Administrator
cc: Current Planning,Community Development
By zMg4t, ,Deputy
RESOLUTION NO.2004/ 364
Recorded at the request of- C�VTRA COSTA Co Recorder Office
Contra
ic ork County
Depart SIR, Clerk Recorder
Public Works Department ��� �,
Engineering Services Division DOC— 2004-02?3� ��00
Return to, Friday,da �J 30
Public Works Department y, JUL 1$, 2004 06:37:13
Engineering Services Division FRE $0.00 y r}�#
Records Section TL l Ind se.m Rbrr 1240562
Area: Alamo 1rc/Rq/1„r.
Roads Danville Boulevard
Co.Road No: 5301A
Projects LP 01-2112
APN: 197-090-003
DEFERRED IMPROVEMENT AGREEMENT
(Project: LP 01-2142 San Ramon Valley United Methodist Church)
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See note below)
Maurice M. Shiu, Public Works Director San Ramon Valley UnitedMethodist Church
Ey: (,+ ) cr." nate o•{ 1 r.5 5
RECOMMENDED FOR APPROVAL:
By
ngineering Services Division s r2 h 4-AI h
FORM APPROVED: Victor J. Westnman, 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� the County of Contra Costa,hereinafter referred to as"County, and San Ramon Valley United
Methodist Church hereinafter referre to is"Owner"mutually agree and promise as follows:
2. P SE. 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
Owner had contract with such city originally. Any annexing city shall have all rights of a third party beneficiary.
4. STREET AND DRAINA99 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 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 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 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 asst 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. Pemsission 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 COOP.RA;j IVPLAty. 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 OF REQ-TAREME?NTS. 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 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. 13ONDS,, 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 required and payment of all persons famishing 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. INDEWUTY. Owner shall defend,indemnify and save harmless the County,its 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.
Umn
G:K3tpDatatEn&SvcU.aurie\projectslt.l'2142-01\AG-12 December 03.doc
Rev.April 6,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of w rA 0PT10NAL SECTION
Countyo. S CAPACITY CLAIMED BY SIGNER
On f before " f Though statute does not require the Notary to till In
bATB c_ NAME .0.,"JANE DOB,NO ARY PUSUC" the data below,doing so may prove invaluable to 1
personally appea W\Ar-4 to . L A persons relying on the document.
NAME(s)OFsroNER(s) p INDIVIDUAL
Q personally known to me-OR- proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S)
be the person(s)whose name(s)is/yn TITLB(S)
subscribed to the within instrumen4at
acknowledged to me that he/she/oa7pecuted ❑ PARTNER(S) Q LIMITED
Ct�C3L C)ME S't EPANOV#CH the aamc iz< / uthoriz& "' 0 GENERAL
Cr:mmission#1348735 capaci hisJher ® ATTORNEY-TN-FACT
Notart Public-Q Caitforrtie= si instrument th on(s)or p TRUSTEE(S)
— -the ti al€of which the persons)
Coutts Casata Ctttttt#It cc t e instrument. ❑ GUARDIAN/CONSERVATOR
MY Cram',.Eoms/ 25, ❑ OTHER:
ES and oPt"
, SIGNER IS REPRESENTING:
(NAME OF PE SONS)OR ENTrrY(1ES))
SIONATURE OP OTAR
OPTIONAL 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 retying on the document and could prevent fraudulent Signer(s)Other Than Named Above
i
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 S5IGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must a signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. T"he signer's interest in the
property must be stat .
in. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have
e authority to sign for an U13 the partnership.
IV. SIGNAn=a FOR CORPORATIONS
Documents should e signed y two officers,one from each of the following two groups:
GROUP 1. (a)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$coups 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,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-lavers or a resolution of its Board of
Directors."
JC:tnw
\1PWS4�SHARDATA)oGMDeta\Ea4SveTorms\WORD FORMSW L PURPOSE NOTARY.doe
motels=
LP 01-2142
O'Khv
EXHIBIT "A"
All that real.property situated in the County of Contra Costa.,State ofCalifomia,described as
follows:
A portion of that land described in the deed from San Ramon Valley United Methodist
Church to Contra Costa County, recorded and on .file at the County Recorder's Office as follows:
Date: JULY _14, 2004
Books DOC-2004-0259349-00
Page:
I S:mi
C,:IGzpDutli_n�;Bvct�.xuris\bra}eczsli,.F 2i�2-i}IS�}GtItI3IF-A D�c�nib�r t33,d:;c
RE: LP 2142-01
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 Parcels One, Two, and Three, described in Exhibit "A".
1. Approximately 530 linear feet of curb,face of curb located 10 feet from the right ofway line.
2. Approximately 530 linear feet of 5-foot 6-inch sidewalk, width measured from curb face,
built monolithic with the curb.
3. Approximately 5,300 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.
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-third of the costs.
L5:m7
G:\GrpData\7--ngSve\IALnie\pmjects\LP 2142-01\EXHIBIT-B December 03.doc