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Home My WebLink AboutMINUTES - 04221986 - 1.38 TO- =BOARD OF SUPERVISORS FROM: Anthony A. Dehaesus, Contra Di rector of Community Development [;,,�, March 31, 1986 "Wla DATE: Courcy SUBJECT: Reclamation Performance Agreement - LUP 2002-84 SPECIFIC REQUEST(S) OR RECOMMENDATION(_S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Authorize the Chairman of the Board to sign a Reclamation Performance Agreement with Nick Sall%4ce, Oakley; contract payment limit $3,634.05. BACKGROUND/JUSTIFICATION The applicant applied for and received Land Use Permit 2002-84 to operate a quarry on Assessor's Parcel 034-060-006. This bonding agreement binds the applicant to reclamation work upon completion. Bonding of quarry reclamation work is required by State law, County Ordinance and use permit condition compliance. y CONTINUED ON ATTACHMENT: YES SIGNATURE' RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMD ION OF OARD OMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT-7-THIS IS A TRUE UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: County Administrator ATTESTEDa 1 y! Auditor-Controller PHIL BATC ELOR, CLERK OF THE BOARD OF Community Development SUPERVISORS AND COUNTY ADMINISTRATOR \ Recorder Public Works (Land Development) %82/7-83 BY ,DEPUTY Recorded at the Request of: CONTRA COSTA COUNTY When Recorded Mail To: Director of Planning P.O. Box 951 Martinez, CA 94553 This box for exclusive use of Recorder RECLAMATION PERFORMANCE AGREEMENT (LUP # ,2002 -84 ) 1. Variables.' These variables are incorporated below by references: (a) LUP Permittee's Name and Address: 1,114 c( (AUC ,P D, & X 986. �,�1,t'1 �'a e�y. Property Owner's Name and Address (if not permittee): (b) Effective Date:,_�/�fj �'/,/ �! ¢' (c) Application Approval Date: (d) Subject Property: �D DD6 (e) Reclamation Completion Date: (f) Security Amount:'f �/,m (including 10% annually compounded inflator of LUP term) 2. Parties. Effective on the above date, Contra Costa County and the above-named permittee(s) and owner(s) mutually agree and promise as follows: To comply with the conditions and approved plans for the above listed land use permit and quarry operation and reclamation completion. 3. Purpose. Permittee and owner desire to guarantee faithful performance of and compliance with the terms and conditions of the above described land use permit, reclamation plan, Chapter 88-11 of the County's Ordinance Code, and the Surface Mining and Reclamation Act+ of 1975. The owner(s) and permittee(s) agree to guarantee and accept responsibility for completion of all reclamation work. Owner and permittee desire to use the property described in Exhibit "A" attached hereto pursuant to said land use permit and county agrees to such use if they fully comply with this agreement and the permit. 4. 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 where reclamation is to be performed and shall be binding upon and inure to the benefit of the land described in Exhibit "A" and the successors in interest of Owner and Permittee. 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 and Permittee, 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 and Permittee had contracted with such city originally. Any annexing city shall have all the rights of a third party beneficiary_ - S. Imorovements. Permittee and Owner shall construct, install and complete all required grading, landscaping and miscellaneous improvements upon his property as identified above, improvements which were required as a condition of approval of above described application, a�i copy of which is on file in the Planning Department. Owner and Permittee shall complete these improvements by above completion date in a good workmanlike manner in accordance with accepted construction practices. 6. Imorovement Security. Upon executing this agreement Permittee and/or Owner shall deposit as security with the County the above security amount, in the form of either a cash deposit, a surety bond or a letter of credit, guaranteeing Owner and Permittee's faithful performance of this agreement and conditions of approval for above described application. A surety bond or letter of credit shall be in a form substantially similar to subdivision improvement security and requirements relating thereto. 7. Non-Performance :,and Costs. (a) If permittee and Owner fails to complete the improvements within the time specified in the agreement or any extensions granted, County may proceed to complete them by contract or otherwise and Permittee and Owner shall pay the costs and charges therefore immediately upon demand. If County sues to; compel performance of this agreement or to recover the cost of completing the improvements, permittee and owner shall pay all reasonable attorney's fees, costs of suit and all other expenses of litigation incurred by County in connection therewith. (b) County, at its sole discretion, may recover its costs by proceeding only on said or improvement security or against Permittee and Owner or on all of said actions. (c) Permission to enter onto the property (Exhibit "A") of Permittee and Owner is granted to County or its contractor as may be necessary to construct the improvements covered by this agreement. - 2 - F7 R. Assignment, If before County accepts these improvements, the Permittee and Owner's property is annexed to, or incorporated in a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing it. 9. Release of Improvements Security and Agreement. The County may release the above-noted security amount and this agreement upon completion of reclamation work or such greater period as may be determined necessary to assure the permanence of physical reclamation features. 10. Signatures. These signatures attest the parties' agreement hereto. CO NTY& CO CO A Owner(s) /f BY c- Chairp rson, J Board of Supervisors ' Designate official capacity in business Phil Batchelor, Clerk of the Board Of pER�1jtITTEE(s? Supervisors and County Administrator By :r t� ,Dep. Designate,official capacaity in business R men Note: This document is to be acknowledged `lwitl2 signztures as they appear or, deed of i title and current title report submitted. paey'E. Bra onng Director of ommunit,y Development FORM APPROVED: - Victor Westman, Co my Counsel ' By + rrzt is o Deputy GENERAL ACKNOWLEDGMENT NO.2pt State of CXQicli`A On this the /'}��X LG1iGJ�? Y " day of SS. 19&,before me _ County of tC?iv2;kel-7 Q .0 the undersigned Notary public,personally appeared personally known to me _ ❑ proved to me on the basis of satisfactory evidence to be the person(s) name(s) lS OFFICIAL SEAL subscribed to the ENRICO E CINQUINI within i strument,and acknowI that / Ar m NOTARY PUBLIC - CALIFORNIA WIT SS my hand and fic' seal. executed it. CONTRA OOSTA COUNTY MY COMM. expires NOV 6, 1987. otary's Signatur tCt �"t 7110 122 NATIONAL NOTARY ASSOCIATION• 2 Ventura Blvd.•P.O.Box 4625•Woodland Hills,CA 91364 iepss,.�:•e-cr.-3-..^^_s.^_.r-x- .a.,mwmw.:s�..away:....—.,...,.c:-a..,... .�....—.�. _...�._ DESCRIPTION FOR SALLUCE PROPERTY Parcel of land in the County of Contra Costa, State of California, described as follows: All of Lot "A" as shown on the map of 72 Parcel Map at pages 49 and 50, filed December 18, 1978 in the County Recorders Office of Contra Costa CountyyCalifornia. � :r