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Home My WebLink AboutMINUTES - 06271995 - C7 / 9/;",7 R RDED�.AT, REQU T,06 s 91 f' `Recorded at the request of: - RA COST COUNTY RetPUBLWORKS DEPARTMENT JUL - 5 5 ENGINEERING SERVICES DIVISION / O'CLOCK 1`ll !JU' RECORDS SECTION AT l Area/Dist: Crockett CONTRA COSTA COUNTY RECORDS Road: San Pablo Avenue STEPHEN L. WEIR Co.Road No: 0971C COUNTY RECORDER Project: LUP 2058-92 FEE $ Assessor's No: 355-020-001 1W Space above for exclusive use of Recorder. DEFERRED IMPROVEMENT AGREEMENT (Project: LUP 2058-92 ) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) e r J. N ichael Walford Public Works Director Wickland Oil Company F, tl A California Corporation RECO APPROVAL: C_�Y- _ oy Wickland By: Title: President En ee ' s Division FORM APPRO D: Victor J. Westman, x. Vincent McLaughl Secretary 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 desig- nated representative groups pursuant to Corporations Code S313.) (see attached notary) 1. PARTIES. Effective on �,O/z 7/95,the County of Contra Costa,hereinafter referred to as"County"and Wickland 0 i 1 Company hereinafter referred to as"Owner"mutually agree and promise as follows: 2. PURPOSE. Owner desires to develop the property he owns as described in Exhibit"A"attached hereto and wishes to defer construc- tion 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 agreerneait. Upon annexation to any city,Owner,or those who succeed him as owner of the property described in Exhibit"A",shall firlfill all the terms of this agreement upon demand by such city as though Owner had contact with such city originally. Any annexing city 1 have all rights of a third party beneficiary. 9'500:- le37 , z 4. STREET AND DRAINAGE HAPROVEMENTS: ' 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 the 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 to submit said improvement plans and specifications for approval prior to commencement of the work described in the notice and to pay County improvement plan review and inspection fee. 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 VT 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 0 attorneys fees,costs of suit and all other expenses of litigation incurred by County in connection therewith,and said attorney's fees,costs and UT other expenses shall also become alien on the property described in Exhibit"A". If the property described in Exhibit"A"is subdivided at the CJ 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. IUI 6. JOINT COOPERATIVE 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 a local improvement district,if this method is feasible to secure the installation and construction of the improvements. 7. REVIEW OF 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. ACCEPTANCE OF RAPROVEMENTS. 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. ENDS. 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. 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 amou acceptable to County. ,t 11. INDEMNITY. The 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 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. g.\ENGSVC\AG\ag.12 8/3/94 :sd State of California - County of Sacramento On 12/6/94 before me Carol F. Tindel, Notary Public DATE NAME,TRLE of OFFICER-E.G.,-JANE DOE,NOTARY PuBLICto - personally appeared Roy L. Wickland _C NAMES)SIGNER(S) ' 1 in the capacity as President a INOMDuAL,GENERAL PARTNER,CORPORATE OFFICER-E.G.,VICE PRESIDENT ® personally known to me -OR-0 proved to me on the basis of satisfactory evidence to be the person(s)whose name is/awsubscribed to the within instrument and acknowledged to me that he/executed the same in hWhadWim capacity(ies),and that by his�Wsignature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. He/$hoffl�Walso acknowledged to me that such corporation executed the within instrument purs _ Board of Directors. F.l WDEL I :.'A.fiM203 IAMTNESS my hand and official seal, icCAUFOFM' Fj �S JAN.18.1 ^CAROL F.1INDEL Signature of Notary vcorr�L�9a92oa `: � NOTARY PUBLICCALIF0FINA SACHAMMUWUNIT .. MYCOW1.EXPIRES JAN.181998 IGNATURE REQUIREMENTS 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 in the space provided. he 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. Ill. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: le GROUP 1. (a)The Chair of the Board GROUP 2. (a)The Secretary (b)The President (b)An Assistant Secretary (c)Any Vice-President (c)The Chief Financial Officer (d)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 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-laws or a resolution of its Board of Directors." g:\engsvc\work\noWry2.new State of i County of ,p On b"�J before me G �(�' Q7 DATE // NAME,TITLE OF OFFICER-E.G.,""JANE DOE,NOTARY PUBLIC" , personally appeared �J, ��/1/i(rXi„(.i L "/(l NAME S)SIGNER( c O in the capacity as W INDIVIDUAL,GENERAL PARTNER,VIRPORATE OFFICER-E.G.,VICE PRESIDENT 2 v) ❑ personally known to me -OR-❑p oved to me on the basis of satisfactory evidence to be the person(y6 whose name is/arsubscribed to the within instrument and acknowledged to me that he/sheltl; y executed the same in his/4er/th&authorized capacityfjasl', and that by his/heFfthe-,signature(9r6n the instrument the personal,or the entity upon behalf of which the person(s)"'acted, executed the instrument. B He/,`-' eWalso acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. —WITNESS my hand and official seal, *DARLENE NORMANDIN COMM.#1039673 C NOTARY PUeuC-CXFM ut f s^CP^M'TO COUNTY Signature f Notary My Comm. Exp. Sept. "5, 1998 SIGNATURE REQUIREMENTS 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 in the space provided. 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. III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers, one from each of the following two groups: GROUP 1. (a)The Chair of the Board GROUP 2. (a)The Secretary (b)The President (b)An Assistant Secretary (c)Any Vice-President (c)The Chief Financial Officer (d)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 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-laws or a resolution of its Board of Directors." g:\engsvc\work\notary2.new CD Wickland Oil Company Ga LUP 2058-92 APN 355-020-001 O UI Exhibit"A" GJ C!1 PARCEL 2: (Deferred Improvement Agreement) Real property located in an unincorporated area of Contra Costa County, California,described as follows: Parcel l as described in the deed to Wickland Oil Company,a California corporation,recorded October 26, 1977 in Book 8564 of Official Records at page 388, records of said County. <4. ar- �p. 12/31/96 a == clvl\- Gf C Wt 10/25/94 EXHIBIT "B" ES-LUP 2058-92 IMPROVEMENTS Improvements required by Contra Costa County Planning Agency and the County Ordinance Code G as a condition of approval for the above-referenced development are located along San Pablo Avenue, for the Parcel described in Exhibit "A": 1. Approximately 1,275 linear feet of curb. W 2. Approximately 1,275 linear feet of 4-foot 6-inch sidewalk, width measured from curb face, L!I built monolithic with the curb. 3. Approximately 10,000 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 utility company-and approved by the traffic engineer. 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. San Pablo 4venue is constructed to its ultimate planned width by the County or by an assessment istrict. 2. Frontage improvements are constructed adjacent to the subject property. JD:c1 g:\work\ag 14\lup2058.t 11 � 7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 27, 1995 by the following vote: AYES: Supervisors Rogers, Smuth, DeSaulnier, Torlakson, Bishop to NOES: None }, O • W ABSENT. None ABSTAIN: None SUBJECT: Approving Deferred Improvement Agreement along San Pablo Avenue for LUP 2058-92, Crockett Area. Assessor's Parcel No. 355-020-001 The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Wickland Oil Company, as required by the Conditions of Approval for LUP 2058-92. This agreement would permit the deferment of construction of permanent improvements along San Pablo Avenue which is located near Old County Road in the Crockett area. IT IS BY THE BOARD ORDERED that the recommendation of the 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 on the date Shown' ATTESTED: S PHIL TCHELOR, Perk of the Board^�� of Supervisors OW County Administrator All- r d.G.L..Deputy Contact: Rich Lierly - 313-2348 Originator: Public Works (ES) cc: , Recorder (via Clerk) then PW Records, then Clerk of the Board Director of Community Development Wickland Oil Company 3640 American River Drive Sacramento, CA 95864 RL:c1 BO:27.t6