HomeMy WebLinkAboutMINUTES - 07111995 - C20 _ . C/ �
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 11, 1995 by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Biahop
NOES: None
ABSENT: None
95 1 ,2569
ABSTAIN: None
SUBJECT: Approving Deferred Improvement Agreement along Water Street for DP 3010-93,
Bay Point Area. Assessor's Parcel No. 097-041-009
The Public Works Director has recommended that he be authorized to execute a
Deferred Improvement Agreement with 112 Alves Lane Partners, as required by the Conditions of
Approval for DP 3010-93. This agreement would permit the deferment of under grounding overhead
utility distribution facilities along Water Street which is located at the southwest corner of the
intersection with Alves Lane in the Bay Point area.
IT IS BY THE BOARD ORDERED that the recommendation of the Public Works
Director is APPROVED.
I hereby certify that this is•true end Coned copy of
an action taken and entered on the minutes of the
Board of Supsrv?ELon ft date shown.
Contact: Rich Lierly- 313-2348 ATTESTED:
PHIL BClerk o the Board
Originator: Public Works (ES) of Superan County Administrator
cc: Recorder (via Clerk) then PW Records,
then Clerk of the Board _
Director of Community Development
112 Alves Lane Partners
c/o Resources for Community Development u
2131 University Avenue
Berkeley, CA 94704
RCL:cl:mw JL 17 1995 �
g:\engsvc\bo\BOII.t7 AT1 0-M M.
CONTRA COSTA COUNTY RMORDS
STEPHEN L WEIR
ccF
COUNTY RECORDER
Recorded at the request of:
CONTRA COSTA COUNTY
Return to: PUBLIC WORKS DEPARTMENT
ENGINEERING SERVICES DIVISION
RECORDS SECTION
Area: Bay Point
Road: Water Street
Co. Road No: 5385B
Project: DP 3010-93
Assessor's No:097-041-009
Space above for exclusive use of Recorder.
DEFERRED IWROVEMENT AGREEMENT
(Project: DP 3010-93)
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See note below)
J. Michael Walford �,./�,• / ,� � l� �-.�
Public Works Director
Michael R. DeVos,
By: Executive Director,
RESOURCES FOR COMMUNITY
RECOMMENDED FOR APPROVAL: DEVELOPMENT, a California non-profit
Corporation, GENERAL PARTNER
By: COPY 'Engineering Services Division
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 Cor-
porations Code S313.)
(see attached notary)
1. PARTIES. Effective on the County of Contra Costa,hereinafter referred to as"County"and 112 ALVES LANE
PARTNERS,a California Limited Partnership,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 terns,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 contact 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 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
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
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. 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.
6. JOINT-COOPERATIVE PLAN.—Upon notice by County,Owner agrees to cooperate with other property owners,the County,and
other public agenci&tb proviVuhe>iirip ovements set forth herein under a joint cooperative plan including the formation of a local improvement
district,if this method is feasibler`too sD ure tl6 f 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 INTRO VEMENTS. 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. BONDS. 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 amount acceptable to County.
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:\ENGS VC\work\AG\ag.12m\DP3010.T5
8/3/94
sd/cl
State ofI'�_C.
Countyof Aket\t e_ .�. p f
On 0 I • IS before me I YG�$'h ekyy't uvAA y - �Ctny AMS C? r`t Qi.�lo�i C
DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC'
personally appeared M \ C hQe_( ;Ze-i r 1e y Cua C
NAME(SYSIGNERK
in the capacity as C�If\4e,rA 1CG�a r0r
INDIVIDUAL,GENERAL PARTNER,CORPORATE OFFICER-E.G..VICE PRESIDENT
❑ personally known to me -OR-'r*h proved to me on the basis of satisfactory evidence to
PY
be the person( whose name is/,at-6 subscribed to the within
instrument andel acknowledged to me that he/s4eAhey executed
the same in his/heMheir authorized capacity(u)q, and that by
COhis/herftheir signature(s�on the instrument the personK, or the
entity upon behalf of which the person(sr acted,executed the
instrument.
❑He/Sfre'-Mmy also acknowledged to me that such corporation executed the within instrument
pursuant to its by-laws or a resolution of its Board of Directors.
i
WITNESS my hand and' cial seal,
* "-`•°. PRASHANTKUMAR A.
RAVANI
°! r' Comm.#1033312
NOTARY PUBLIC-CALIFORNIA,)
r—>
ALAMEDACOUNTY l
Comm.Expires Jury 27.1998 -A Signature r
nv
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
EXHIBIT "A"
ES-Development Plan 3010-93
All that real property situated in the County of Contra Costa, State of California,
described as follows:
All of Lot 16 as shown on Subdivision 1517 ("Enes Ambrose Subdivision, Second
Unit") as recorded on as recorded on March 21, 1928, in Book 21 of Parcel Maps, page 566, on
file at the County Recorder's Office.
EXHIBIT "B"
ES-Development Plan 3010-93
IMPROVEMENTS
Improvements required by Contra Costa County Planning Agency and the County Ordinance Code
as a condition of approval for the above-referenced development are located along Water Street
for Lot 16, as described in Exhibit "A":
1. Underground placement of all existing overhead utility distribution facilities.
2. Installation of metal street light pole.
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. Overhead utility distribution facilities are placed underground adjacent to the subject
property.
2. An underground utility services district is formed for this area with underground placement
of exisitng overhead facilitiets actively pursued.
7D:c1
ag.14/dp3010b.t5