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HomeMy WebLinkAboutMINUTES - 04041995 - 1.14 f TO: BOARD OF SUPERVISORS FROM: VAL ALEXEEFF, DIRECTOR GROWTH MANAGEMENT & ECONOMIC DEVELOPMENT AGENCY DATE: APRIL 4, 1995 SUBJECT: AMENDMENT TO CENTEX SERVICE AGREEMENT SPL"CIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: ACCEPT attached Amendment to County Service Agreement with Centex Homes. FISCAL IMPACT: No impact on General Fund or other resources. BACKGROUND/REASONS FOR RECOMMENDATIONS: One condition of the approval of #7679 for Centex Homes required entering into a service agreement by the 64th unit. The service agreement required Centex to construct a backup well in Discovery Bay. Despite diligent efforts on the part of Centex to site the well and gain approval from the Discovery Bay MAC, area homeowners were concerned and wanted to review additional sites and discuss the matter further. The item was extended to July 11 at the March 28 meeting. This places Centex production in jeopardy due to a situation beyond their control. Staff feels the amendment is warranted. CONTINUED ON ATTACHMENT: —YES SIGNATURE: i RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMM ITTE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON April 4, 1995 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A 'TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED X UNANIMOUS(ABSENT ) ON THE MINUTES OF THE BOARD OF SUPERVISORS ON 1'IIE DATE SIIOWN. AYES: NOES: ATTESTED April 4, 1995 ABSENT: ABSTAIN: PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR VA:dg BY E 1'UT1' centex.bo (:'ontuct: Val Alexeefr(646-1620) CC: County Administrator County Counsel GMEDA Departments Centex Moines AMENDMENT TO SERVICE AGREEMENT Dated August 16, 1994 This Amendment to the Service Agreement dated August 16, 1.994, between Centex Real Estate Corporation, a Nevada corporation (Centex) and Contra Costa County Sanitation District No. 19 (District) is made by the parties effective April 4, 1995. WHEREAS, the parties entered into a Service Agreement effective August 16, 1.994, providing among other things for the provision of water service to the Pacific Waterway residential development owned by Centex and described in the Service Agreement (sometimes hereafter referred to as "the development"); WHEREAS, under the terns of the Service Agreement, Centex is to construct and dedicate to District, a water well at a site provided by District; WHEREAS, the demand to be placed upon the District's water system by Centex's development is less than 500 gpm and under the Service Agreement, Centex agreed to provide a well which has a tested flow of 2500 gpm, more than five times the demand created by the development; WHEREAS, prior to October 1, 1994, as required by the Service Agreement, Centex provided to the District a letter of credit in the amount of$475,000 to guarantee the construction of the well; WHEREAS, District to date has not provided a site for the well and Centex has been unable to proceed with construction; WHEREAS, District has identified a site in a median/island owned by the County of Contra Costa and adjoining Willow Lake Court and Willow,Lake Road and there is pending an application for an encroaclmnent penult to allow the construction of the well at that site; and WHEREAS, the parties wish to amend the Service Agreement to provide for additional time for District to select a well site and to provide terns and provisions applicable if District fails to do so in a timely manner, whether caused by its actions or inactions or those of others. NOW, THEREFORE, IT IS AGREED THAT THE SERVICE AGREEMENT, dated August 16, 1994, BE AND THE SAME IS HEREBY AMENDED for valuable consideration including the mutual covenants and promises, receipt of which is acknowledged, as follows: I. The time allowed for Centex to perform its obligations under Sections B.1(b) and 9(b) is extended until issuance of the 161 st building pen-nit for Subdivisions 7679 and 7881 . If a valid encroaclunent permit is not issued by the County for the well site by September 15, 1995, or.if a pen-nit is issued but later invalidated, challenged or stayed, then the time allowed for Centex to perforin its obligations under Sections B.1(b) and 9(b) shall be further extended until issuance of the 200th building permit for Subdivisions 7679 and 7881. 2. If a well site, either in the Willow Lake median/island or elsewhere, is not provided by District by April 1, 1996, then Centex shall be excused from perfonnance of its obligations under Sections B.I(b) and 9(b) and all security given by Centex to secure perfonnance of such obligations shall be released, refunded or returned to it, provided, however, that Centex shall remain obligated to pay the fees and perform the obligations of the Service Agreement. 3. In the event Centex has been excused from performance of its obligations under Section B.9(b) and subsequently it is determuned that further connection permits for the development cannot be granted for health and safety or other reasons which prevail over the terns of the Service Agreement (including, but not limited to, inadequate fire flow), then Centex may elect to.provide supplemental water supply to District as follows: Centex may, at its sole expense, provide and dedicate a water well at a site selected by it. The well shall have a tested flow of at least 500 gpm. The design of the well shall include backup generation as detennined by District. Should the water well not yield at least 500 gpm, Centex may, At its sole expense, provide one or more additional wells, as necessary to yield a total of 500 gpm. Centex, at its sole expense, also may provide, construct and dedicate a system to treat the.water produced by said well to reduce iron and manganese as required by State law or regulation. If Centex completes the well(s) and treatment system as provided herein, it shall be deemed to have provided an adequate supplemental supply of water for the development that satisfies the standards of the District and District shall then issue the remaining connection permits for the development. CENTEX REAL ESTATE CORPORATION By Its Dated CONTRA COSTA COUNTY SANITATION DISTRICT NO. 19 By Its Dated VA:ag ccnlcx.l3 (3.28/95) AMENDMENT TO SERVICE AGREEMENT Dated August 16, 1994 This Amendment to the Service Agreement dated August 16, 1994, between Centex Real Estate Corporation, a Nevada corporation (Centex) and Contra Costa County Sanitation District No. 19 (District) is made by the parties effective April 4, 1995. WHEREAS, the parties entered into a Service Agreement effective August 16, 1994, providing among other things for the provision of water service to the Pacific Waterway residential development owned by Centex and described in the Service Agreement (sometimes hereafter referred to as "the development"); WHEREAS, under the terms of the Service Agreement, Centex is to construct and dedicate to District, a water well at a site provided by District; WHEREAS, the demand to be placed upon the District's water system by Centex's development is less than 500 gpm and under the Service Agreement, Centex agreed to provide a well which has a tested flow of 2500 gpm, more than five times the demand created by the development; WI1EREAS, prior to October 1, 1994, as required by the Service Agreement, Centex provided to the District a letter of credit in the amount of$475,000 to guarantee the construction of the well; WHEREAS, District to date has not provided a site for the well and Centex has been unable to proceed with construction; WHEREAS, District has identified a site in a median/island owned by the County of Contra Costa and adjoining Willow Lake Court and Willow Lake Road and there is pending an application for an encroachment permit to allow the construction of the well at that site; and WHEREAS, the parties wish to amend the Service Agreement to provide for additional time for District to select a well site and to provide terms and provisions applicable if District fails to do so in a timely manner, whether caused by its actions or inactions or those of others. NOW, THEREFORE, IT IS AGREED THAT THE SERVICE AGREEMENT, dated August 16, 1994, BE AND THE SAME IS HEREBY AMENDED for valuable consideration including the mutual covenants and promises, receipt of which is acknowledged, as follows: 1. The time allowed for Centex to perform its obligations under Sections B.1(b) and 9(b)is extended until issuance of the 161 st building permit for Subdivisions 7679 and 7881. If a valid encroachment permit is not issued by the County for the well site by September 15, 1995, or if a permit is issued but later invalidated, challenged or stayed, then the time allowed for Centex to perform its obligations under Sections B.1(b) and 9(b) shall be further extended until issuance of the 200th building permit for Subdivisions 7679 and 7881. 2. If a well site, either in the Willow Lake median/island or elsewhere, is not provided by District by April 1, 1996, then Centex shall be excused from performance of its obligations under Sections B.l(b) and 9(b) and all security given by Centex to secure performance of such obligations shall be released, refunded or returned to it, provided,however, that Centex shall remain obligated to pay the fees and perform the obligations of the Service Agreement. 3. In the event Centex has been excused from performance of its obligations under Section B.9(b) and subsequently it is determined that further connection permits for the development cannot be granted for health and safety or other reasons which prevail over the terms of the Service Agreement (including, but not limited to, inadequate fire flow), then Centex may elect to provide supplemental water supply to District as follows: Centex may, at its sole expense, provide and dedicate a water well at a site selected by it. The well shall have a tested flow of at least 500 gpm. The design of the well shall include backup generation as determined by District. Should the water well not yield at least 500 gpm, Centex may, at its sole expense, provide one or more additional wells, as necessary to yield a total of 500 gpm. Centex, at its sole expense, also may provide, construct and dedicate a system to treat the water produced by said well to reduce iron and manganese as required by State law or regulation. If Centex completes the well(s) and treatment system as provided herein, it shall be deemed to have provided an adequate supplemental.supply of water for the development that satisfies the standards of the District and District shall then issue the remaining connection permits for the development. ants tafx�tgntl �st� Contractor., Cf,.t i-dA 44, - Contra Costa County Sanitation District No. 19 By: By: Gayle Bis op,as C airperson,Board of Directors of Contra Costa County Sanitation District No. 19 /t Css✓ln• f Recommended for approval: (Designate Official Capacity) AK A By. Val Alexeeff,Growth Mana ement and omic Development Agency (Designate Official Capacity) Approved as to form: ATTEST: Phil Batchelor, Clerk of the Victor J. Westman, County Counsel Board of Supervisors and County Administrator � , / By: By: � - T,Ltt�,�,�,�'�,/ Deputy Clerk Deputy Note to Contractor.For corporations(profit a nonprofit),the contract must be signed by two officers. S�'gnature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary(Civil Code=1190.1 and Corporations Code Section 313). gAEngSvc\RMA\CentexAgr May 24,1995 STATE OF CALIFORNIA I COUNTY OF CONTRA COSTA On April 4, 1995 before me, M. Sue Patterson , personally appeared Ralph Walker, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature A' It741L My Commission Expires July 19, 1998 V taE:• M. Sue Patterson Comm. #1032787 ^ o• NOTARY PUBLIC CALIFORNIAQ CONTRA COSTA COUNTY 0 UFOpHComm Expires July 19. 1998 J CERTIFIED CORPORATE RESOLUTIONS I,Betty Newman, Assistant Secretary of Centex Real Estate Corporation, a corporation duly organized and existing under the laws of the State of Nevada, do hereby certify that I have access to the records and minutes of the proceedings of the Board of Directors of said Corporation; that the resolutions set forth in the Exhibit A attached hereto,initialled each page thereof by the Secretary or an Assistant Secretary of said Corporation for identification, and hereby,made a part hereof, were duly adopted by the Unanimous Written Consent of said Board of Directors as of November 15, 1988;that said resolutions and the adoption thereof are consistent with the laws of said State, and with the Articles of Incorporation and the By-laws of said corporation; and that said resolutions have ' not been revoked or amended and are now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of said Corporation this 28th day of July, 1994. Betty Newman ,A = Assistant Secretary • �' ` Centex Real Estate Corporation SENT BY:CENTEX CORPORATION 7-26-94 ; 2:35PM LEGAL DEP T. -► 510 627 91104 4 EXMIT A RESOLVED, that the Chairman of the Board, the President, any Executive Vice President and any Vice President of the Corporation shall have authority limited to matters relating to the ordinary course of business of the Corporation; the Division Presidents,Division Vice Presidents, Division Managers and Division Controllers shall have authority limited to matters relating to the ordinary course of business of the respective corporate division of which they are officers; and Project Managers shall have authority limited to matters relating to the ordinary course of business of the Corporation relative to their projects; and further RESOLVED, that the Chairman of the Board, the President, any Executive Vice President and any Vice President of the Corporation are hereby each individually authorized on behalf of this Corporation, with respect to the operations of the Corporation,to execute and deliver on behalf of this Corporation, in such cities, towns, villages, counties and states where the Corporation does business and has operations, with or without a corporate seal, (i) applications, tentative and final subdivision plats and maps, development agreements and all other documents which are relevant or incident to the development of real property in which the Corporation has any interest, (ii) contracts, deeds of conveyance and all other documents which are relevant to the'sale and closing of the sale of homes to consumers and (iii) all other documents necessary or appropriate to accomplish the purposes of this resolution; and further RESOLVED,that the Division Presidents,Division Vice Presidents,Division Managers and Division Controllers of each of the Corporation's divisions are each hereby individually authorized on behalf of this Corporation,with respect to operations of the Corporate division for which he or she is an officer,to execute and deliver on behalf of this Corporation, in such cities,towns,villages, counties and states where such Corporate division does business and has operations, with or without a corporate seal, (i) applications, tentative and final subdivision plats and maps, development agreements and all other documents which are relevant or incident to the development of real property in which the Corporation has any interest, (ii)contracts, deeds of conveyance and all other documents which are relevant to the sale and closing of the sale of homes to consumers and (iii) all other documents necessary or appropriate to accomplish the purposes of this resolution; and further RESOLVED, that the Project Managers of this Corporation are each hereby individually authorized on behalf of this Corporation, with respect to operations of the Corporation relative to the Project managed by such Project Manager, to execute and deliver,on behalf of this Corporation, in such city,town, village, county or state where such project is located, with or without a corporate seal, (i)applications,tentative and final subdivision plats and maps, development agreements and all other documents which are relevant or incident to the development of real property in which the Corporation has any interest, (ii)contracts, deeds of conveyance and 1all other documents which are relevant to the sale and closing of the sale of homes to consumers and (W) all other documents necessary or appropriate to accomplish the purposes of this resolution. RiSN01.�81DBBpAUilUbi SENT BY:CENTEX CORPORATION 7-28-94 2:34PM LEGAL DEP'T. -# 510 827 81104 2 CERTIFICATE OF INCUMBENCY I,Betty Newman hereby certify that I am the duly elected and incumbent Assistant Secretary of Centex Real Estate Corporation, a Nevada corporation. I further certify that the following individuals have been duly elected to, and currently hold,the respective offices in said corporation set forth opposite said individual's names. Dame Office Ralph E. Walker President-Northern California Division Barry Crosby Vice President-Northern California Division Diane Hughes Vice President-Northern California Division Jeff Miller Vice President-Northern California Division Tina Mancebo Controller Northern California Division and Assistant Secretary IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of said Corporation this 28th day of July, 1994. .. r-f< ' •Cly '-•, � x:� s -it 3 Betty NSVewAn a �� Assistant Secretary Centex Re4 Estate Corporation H.111N d. /1I1,