HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-422 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 12, 2005 by the following vote;
AYES.: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKlilIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
QLUTONOII�422
SUBJECT: Approving a Deferred Improvement Agreement along La Paloma Road for LP 02-
02051, (APN 425-072-002),El:Sobrante area. (District I)
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with Farhad and Susann Ghemmaghami as required by the Conditions of
Approval for LP 02-02051. This agreement would permit the deferment;. of construction of
permanent improvements along La Paloma Road which is located in the El Sobrante'area.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
KD:rm I hereby certify that this is a true and correct copy of an action
G:\GrpData\Engsvc\BO\2405\07-12\LP 02-02051 Bo-12.dne taken and entered on the minutes of the Board of Supervisors
on the date shown
Originators Public works(ES)
Contact: S.Gospodchikov(313-2315) JULY 12, 2005
Recording to be completed by COB' ATTESTED:
cc: Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and
Farhad and Susann Ghaemmaghami
640 La Paloma Road' County Administrator
El Sobrante,CA 94803
By ,Deputy
RESOLUTION NO.2005/ 422
Recorded at the request of:
Contra Costa County ,y,
Public Works Department CONTRA �� '� �� Recorder Office
Engineering Services Division
Return to: �, UEIR Clerk-Recorder Public Works Department o0C. 2066 -025!397"`00
Engineering Services Division
Records Section Wednesday, JUL 13, 200!5 11:20:28
sem[t $0-SeQ Nbt' 1627
Area: E1 Sobrante
92*
Road: La Paloma Road
Co.Road No1375A1
Project: LP 2051-02;
APN: 425-072-002
DEFERRED IMPROVEMENT AGREEMENT
(Project: LUP 2051-02)
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COM"Y OWNER: (See note below)
Maurice M. Shi , Public Works Director Farhad Ghaernmaghami and Susann G.
Chaemmaghami, husband and wif , as joint n is
By: rA__11 LA" A�q4l
L
Farhad Ghaemmaghami,94ner
RECOMMENDED FOR APPROVAL:
Ey: isigrwure)
Engineering cervices Division Susann G. Ghaemmaghami, O er
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)
I. PARTIES. Effective on w'` the County of Contra Costa, hereinafter referred to as
"County" and Furhad Ghaetnmaghami and S s nn G.Ghaemmaghami hereinafter referred to as"Owners"mutually agree and promise as follows:
2. PURP SE. Owners desire 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 Owners. 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 Owners by this agreement. Upon annexation to any city,Owners,or
those who succeed thein as owner of the property described in Exhibit"A,"shall fulfill all the terms of this agreemerit 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-Owners 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 Owners 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 Owners,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 Owners are obligated to pay a pro rata share of a:,cost of
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. Owners shall perform the work and make the payments required by County as set forth herein or as
modified by the Board of Supervisors. Owners 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. Owners agree 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 Owners or their 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,Owners 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 unposed, the amount of said liens shall be divided proportionately among the various parcels.
Permission to enter onto the property of Owners is granted to County or its contractor as may be necessary to construct the improvements covered by this
agreement.
d. JOINT COOPERATIVE PIAN. Upon notice by County,Owners agree to cooperate with other property owners,the County,and other public
agencies to provide the improvements set forth herein under a j oint cooperative pian including the formation of local improvement district,if this method
is feasible to secure the installation and construction of the improvements.
7. REVIEW OF REQUIREMENTS. If Owners disagree 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 Owners.
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. Owners agree 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. BONDS. Prior to County approval of improvement plans,Owners 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,
10. INSURANCE. Owners 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. INDEMNITY, Owners 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 Owners,their developer,contractors,subcontractors,employees,agents,or anyone directly or indirectly employed by any of
them,or arising in any 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 Owners 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.
:kw
G:\GrpData\EngSvc\Jorget003\Junell P205102AG-12.doc
Rev, April 6,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of L 1A 1-1 -O(l w I ,IiI OPTIONAL SECTION
County of C a $OLsA- if [1 S-7-A + CAPACITY CLAIMED BY SIGNER
LA h'� !'1�a�`V4fL7 uc�F rLc Though statute does not require the Notary to 01€In
On DAr y,before me, ('CP-V1 LA
LE OF o, CER E G.,"JANa WLI NOT Y PUBlIC° the data below,doing so may prove Invaluable to
persons relying on the document..
personally appeared S U S A iV r.3 C. . Cr iQ FE FI M On, 41.1 A N•4 i
NAMWS)OF SIGNER(s) 1 ❑ INDIVIDUAL
C'A Q-1A C.H 0,C r4 wt to t=. H A w+
❑ personally known to me-OR- ved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S)
be the":person(d);whose name(s)is/are TITLE(S)
subscribed to the within instrument and
acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED
4 = the same in his/her/their authorized ❑ GENERAL
RENU PAL ) capacity(ies),and that by his/her/their ❑ ATTORNEY-IN-FACT
tin py COMM, #1344€ 57 signature(s)on the instrument the person(s)or ❑ TRUSTEE(S)
the entity upon behalf of which the person(s)
u NOTARY PUBLIC-CALIFORNIA� ❑ GUARDIAN/CONSERVATOR
CONTRA COSTA COUNTY "s acted,executed instrument. 0 OTHER:
W My Comm Exotre5'Fehruary 22,200 WITNESSmy hand and offia1 seal,
SIGNER IS REPRESENTING:
I NAME OF PERSON(S)OR ENTITY(IE?S))
SIO OF NOTARY
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 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 SIGNATURE_ - 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 stated.
M. SIGNATURES FOR PARTNERSHIPS - Signing party'must be either a general partner or be authorized in writing to have
the authority to sign for and bindthe partnership.
IV. SIGNA S FOR CORPORATIONS
Documents"should be signed by two o kers,one from each of the following two groups:
GROUP 1. �bl The Chair of the Board
The President
Any Vice-President
GROUP 1 a The Secretary
DeAn Assistant Secretary
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 utstruments of the type in question Is required.A currently
valid power of attorney,notarized,w111 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-laws or a resolution of its Board of
Directors."
JC:mw ,
Vws TTANGrpDatalEgSvC\For==WORD FORMSVLLL PURPOSENOTARY.doc
LUP 2051-02
(DeferredImprovement Agreement)
_ EXHIBIT"All'!i
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 George R. Rice and Wilma J.Rice,husband and
wife to Farhad Ghaemmaghmi and Susann G. Ghaemmag mi, husband and wife, as joint tenants,
recorded and on file at the County Recorder's Office as follows:
Date: January 14, 1987
Book: 13386
Page: 247
G:1GrpDatz\EngSvc\Jorge\2003\July\LP 2051-02EMBIT-A.doc
JH:M1
RE: LUP 2051-02
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 La Palorna Road for parcel, described in Exhibit"A":
1. Approximately 50 linear feet (15.25 linear meters) of curb, face of curb located 10 feet(3
meters) from the right of way line.
2. Approximately 50 linear feet (15.25 linear meters) of 5-foot (1.5 meter) sidewalk, width
measured from curb face,built monolithic with the curb.
3. Approximately 400 square feet (37 square meters) 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. 413 of the
agreement or when either of the following occurs:
1. La Paloma 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 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 100% of the costs.
1H:rn
0:\GrpData\EngSvcUorge\2003Vuly\LP 2051-02EXHIBIT-B.doc