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Home My WebLink AboutMINUTES - 04231996 - C15 Recorded at the request of: ,"Contra Costa County Return to:. Public Works Department Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 23, 1996 by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier., Torlakson, Smith NOES: None ABSENT: None ABSTAIN: None SUBJECT: Approving Deferred Improvement Agreement for LUP 2002-80, Martinez Area. Assessor's Parcel No. 380-042-002. The Public Works Director has recommended that the Board of Supervisors approve a Deferred Improvement Agreement with GSX Services of California, Incorporated. This agreement would permit the deferment of construction of permanent improvements as required by the Condi- tions of Approval for LUP 2002-80. The improvements are located on Pacheco Boulevard in the Martinez area. The Board hereby FINDS that it would not be in the public interest to require the construction of the aforesaid required improvements until after the future alignment of Pacheco Boulevard. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. Contact: Rich Lierly-313-2348 Originator: Public Works(ES) Ihereby certify that this,Isatrue and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. cc: Recorder(via Clerk)then PW Records,then Clerk of the Board ATTESTED: . AP-i 1 23- 1996 Director of Community Development PHIL BATCHELOR Clerk of the Board GSX Services of California,Inc. of Supervisors and County Administrator BY .Deputy RL:mw:fp g:\engsvc\bo\bo23.t4 END OF DOCUMEljj APR 2 91996 RECORDED AT REOUEST OF Recorded at the request of: , CONTRA COSTA COUNTY Return to: PUBLIC WORKS DEPARTMENT p P R 2 9 1996 ENGINEERING SERVICES DIVISION RECORDS SECTION AT (� O-CL 4CK � Area/Dist: MARTINEZ CONTRA COSTA COUNTY RECO ,9S Road: PACHECO BLVD STEPHEN L.WEIR Co.Road No: 3951-C COUNTY RECORD Project: LUP 2002-80 FEE: Assessor's No: 380-042-00296 7981 Space above for exclusive use of Recorder. DEFERRED UvfPROVEMENT AGREEMENT (Project: LOP 2002-80 ) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY Qom$:(See note below) J. Michael Walford Public Works Director Bu A: Tam tor-- .5ealek q1 Name &'Title RECO APPR signature By: Qye M 42"inKle -Vi o P/esiCle En neeri e ' es Division Name & Title _ FORM APPRO D: 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 desig- nated representative groups pursuant to Corporations Code 5313.) (see attached notary) 1. PARTIES. Effective on -.-the County of Contra Costa,hereinafter referred to as"County"and GSX Services of a ifornia, Inc. hereinafter referred to as"Owner"mutually agree and promise as follow:. 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,#nd County agrees to such deferment if Owner constructs improyements as herein promised. 3. AGREEMENT BINDING ON SUCCESSORS IN INTEREST' Thus agreement is an instrument affecting the title or possession of the real property described in Exhibit-"A".All the terms,covenants and conditions herein unposed are for the benefit of County:ao the real property or interest therein which constitutes the County road and highway system and shall be binding upon and inure to thel�e Rit 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'ftilfrll 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. I If • 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 properly 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 CJS of this agreement,to recover the cost of-completing the improvements or to enforce the aforementioned lien,Owner shall pay all reasonable y 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 �J other public agencies to provide the improvements set forth herein under a joint cooperative plan including th&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 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. 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\lup2002.t7 6/19/95 sd/cl State of SOuili Aarolina- County of_1'1i ai lan d On before me DATE n NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC" personally appeared David NAME($)SIGNER(S) in the capacity as �f lL' (�51 Ucr)+ �.�' se✓v�c�s or Cf11,11'41" t INOMOUAL,GENERAL PARTNER,CORPORATE OFFICER-E.G.,VICE PRESIDENT OA personally known to me -OR-❑proved to me on the basis of satisfactory evidence to be the person(s)whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/hedtheir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. He/Shefrhey also acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITmy hand and official seal, 7M.Z jE L Signature of Nota _ o 2�- . :_ • • State of So"M Aarobiia_ County of Ri c-b l an d On 9 - 1 I -C'S before me Ahrne la J' eeFe, l Jo4g(y ALA-0 i G DATEff// NAME,TITLE OF OFFICER-E.G..-JANE DOE,NOTARY PUBLIC" personally appeared 14en f L, 14 . la y t o r- NAME(S)S ER(S) /' in the capacity as Secre�a r k e-ru Ic-r-S or, 11 �i9i,� VIC— +1 r� INDMOUAL,GENERAL PARINER,CORPORATE OFFICER-E.G..VICE PRESIDENT 4� personally known to me -OR-11 proved to me on the basis of satisfactory evidence to be the person(s)whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capac'Ity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. _ He/She/They also acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WIT my hand and official seal, Signature of No SEAL AFFIXED .W F,,=rr"A" All that real properly situated in the County of Contra Costa, Stele of California, described as follows: All that real properly described in a deed from rr Corporation to GSX Services of California,Inc. recorded June 22, 1989 in Book 15147 of Official Records at page 419 in the office of the County Recorder, Contra Costa County. .l l ex - _.... QgOFESS/ONq CHCU'Rf�crFyc N0.26630 EXP.3-3►--gc sl CIVIC ��' 9rF OF CAL%i EXHIBIT "B" ES-Land Use Permit 2002-80 IMPROVEMENTS C 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 Pacheco Boulevard, as described in Exhibit "A": aj 1. Approximately 675 linear feet of curb, face of curb located 10 feet from the right of way line. 2. Approximately 675 linear feet of 4-foot 6-inch sidewalk, width measured from curb face, built monolithic with the curb. 3. Approximately 10,400 square feet of street paving to pave between the existing pavement and the gutter lip. 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. Pacheco Boulevard 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. JD:cl ag.141up2002a.t7