HomeMy WebLinkAboutMINUTES - 06181996 - C6 AUG 231996 T RROURST OF
'Recorded at the requesi°of:RECORDED A
Contra Costa County
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CONTRA COSTACOUNTYRECOM
STEPHEN L.WEIR
COUNTY RECORDER
FEE:
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 18, 1996 by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Approving Deferred Improvement Agreement for Minor Subdivision 58-88,
Concord Area. Assessor's Parcel No. 117-040-056
The Public Works Director has recommended that the Board of Supervisors approve a
Deferred Improvement Agreement with Michael E. Alexander and Linda L. Alexander and authorize
the Chairperson of the Board to execute the agreement. This agreement would permit the deferment
of construction of permanent improvements as required by the Conditions of Approval for MS 58-88.
The improvements will be located on Laurel Road.
The Board hereby FINDS that it would not be in the public interest to require the construction of the
aforesaid required improvements sooner than two years after recording the Parcel Map of MS 58-88.
IT IS BY TIS BOARD ORDERED that the recommendation of the Public Works Director
is APPROVED.
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Director of Community Development
Michael E.Alexander
Linda L.Alexander
5125 Laural Drive,Concord,CA 94521
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Recorded at the request of: 96 158141
CONTRA COSTA COUNTY
Return to:
PUBLIC WORKS DEPARTMENT
ENGINEERING SERVICES DIVISION
RECORDS SECTION
Area: Concord
Road: Laurel Drive
Co.Road No: 5167F
Project: MS 58-88
Assessor's No: 117-040-056
Space above for exclusive use of Recorder.
DEFERRED HvIPRO VEM ENT AGREEMENT
(Project: MS 58-88)
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CONTRA COSTA COUNTY
J. Michael Walford
Public Works Director OWNER: (See note below)
G
Michael E. Alexander
RECOMMENDED FOR APP R VAL:
By r ��E2
nginee g 5 i s Division Linda L. Alexander
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 designated representative groups pursu-
ant to Corporations Code S313.)
(see attached notary)
1. PARTIES: Effective on e County of Contra Costa,hereinafter referred to as"County"and Michael E.Alexander
and Linda L.Alexander,hereinafter referred to as"Owners"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
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 telcos 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 mannerset-forth in this agreement. The deferred improvements required by County Department of Public Works are generally described
on Exhibii"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 CO
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 Cd[
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 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 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.
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96 158141
EXHIBIT "A"
ES - Subdivision MS 58-88
All that real property situated in the County of Contra Costa, State of California, described as
follows:
All of Parcels B and C as shown on Subdivision MS 58-88 as recorded on
in Book 1Gq of Parcel Maps, page 8- 0 , on file at the County Recorder's Office.
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96 158141
EXHIBIT `B"
ES - Subdivision MS 58-88
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 Laurel Drive for
Parcels B and C, as described in Exhibit"A":
1. Approximately 135 linear feet of curb and gutter, face of curb located 10-feet from the right
of way line.
2. Approximately 135 linear feet of 4-foot 6-inch sidewalk, width measured from curb face, built
monolithic with the curb and gutter.
3. Approximately 2700 square feet of street paving to pave between the existing pavement the
curb and gutter.
4. Necessary longitudinal and transverse drainage.
5. Temporary conforms for paving and drainage as may be necessary at the time of construction.
6. 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. Laurel Drive 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.
It is the intent at this time that the"pro rata basis" of costs, as specified in Item 4B of the agreement,
shall mean that the owners of Parcels B and C shall each pay one-half of the costs.
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CALIFORNIA ALL-PURSE ACKNOWLEDGMENT No.5907
State of California x96 158141
County Of Cop.tra Costa
On March 27 , 1996 before me, S. Williams, Notary Public,
DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC'
personally appeared Michael E. Alexander and Linda L. Alexander
NAME(S)OF SIGNER(S)
❑ personally known to me - OR -tel proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(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.
S. WILLIAMS
COMM. #988008 to
Lo
NOTARY PUBLIC-CALIFORNIA—
CONTRA COSTA COUNTY WITNESS my hand and official seal.
(� • �,,.
�'. My Comm.Expires June 23,1997
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
❑ CORPORATE OFFICER
Deferred Improvement Agreement
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL 3
❑ ATTORNEYAN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONS)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P. ¢o�J �Garpga Park,CA 91309-7104