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Home My WebLink AboutMINUTES - 05061997 - C13 e./3 Recorded at the request of CONTRA COSTA Co Recorder's Office Contra CostaCounty l / STEPHEN L. WEIR, County Recorder Public Works Department V Engineering Services DOC – 9-7—®®a®_5.-L 4 Wednesday, MAY 14, 1997 10:14:07 FRE $0.001 ; Ttl Pd $0.00 Nbr-0000056734 lrc /R9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 6, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 97/232 SUBJECT: Approving Deferred Improvement Agreement along Bailey Road for DP 3056-95 (APN 097-270-061, 062, 063 073, 067, and 068), Bay Point area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with McDonald's Corporation, as required for Development Permit 3056- 95. This agreement would permit the deferment of the payment of $5,000 to be used for undergrounding utilities along Bailey Road which is located in the Bay Point area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. �tlarsey esrtlN that lhle b•frue and oonact 00py of an action taken and oentered �tonnytthoewnmUuba ol-11N board of supervisors b,�1`�`j I ATTESTED: PHIL BATCHELOR,Clerk of the board of Supervlsora and County Adnilnlgratol RL17:mw g:\engsvc\bo\bo5-6 lame6qw Originator.Public Works(ES) Contact: Rich Lierly(313-2348) cc: Recorder(via Clerk)then PW Records K Laws,Real Property Lourdes P. Cheng,CDD Redevelopment Christine Ludwiszewski,Regional Attorney Development Team Legal Department McDonald's Corporation Golden Arch Limited Partnership McDonald's Plaza,Oak Brook,IL 60521 Recorded at the request of: CONTRA COSTA COUNTY Return to: PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES DIVISION RECORDS SECTION Area: Bay Point Road: Bailey Road Co.Road No: 4961 Project: McDonald's Restaurant Assessor's No: 097-270-061,062,063,073,067 and 068 Space above for exclusive use of Recorder. DEFERRED HVIPROVEMENT AGREEMENT (Project: DP 3056-95) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) J. Michael Walford Golden Arch Limited Partnership, a Delaware Public Works Director Limited Partnership, by Arch Realty Corporation, d.b.a. Delaware Arch Realty Corporation, a By Delaware Corporation, in its Capacity as General Partner and on Behalf of Golden Ar tn},t RECO PROVAL: PartnershipoJ;P& a . GO O By: By: :x n nervices Division Catherine A. Griffin i r .AWAA.•a0 FORM APPROVED: Victor J. Westman, County Counsel (NOTE: this document is to be ac th 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 May 6, 1997 the County of Contra Costa,hereinafter referred to as"County" and McDonald's Corporation hereinafter referred to as"Owner"mutually agree and promise as follows: 2. PURPOSE: At such future time as the County decides to go forward with the undergrounding of the utilities,-owner agrees to contribute the amount of Five Thousand Dollars,upon demand from the County,toward the costs of the project. 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 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. RL-.mw &\enpsvckicMeg305695.t5 GOLDEN ARCH LEVIITED PARTNERSHIP STATE OF ILLINOIS ) ) SS: COUNTY OF DUPAGE ) I, Wanda R. Jones, a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that Catherine A. Griffin, Department Director of Golden Arch Limited Partnership, a Delaware limited parternship, by Arch Realty Corp., a Delaware corporation, as general partner who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Department Director appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act as such Department Director and as the free and voluntary act of said corporation for the uses and purposes therein set forth. FNOTARY FICIAL SEAL -'- Given under my h and notarial seal,this April 17, 1997. ANDA R JONES PUBLIC,STATE OF ILLINOIS S My commission expires Notary Public-01/27/01 ACKNOWLEDGMENT-INDIVIDUAL STATE OF ) SS: COUNTY OF ) a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that and of who (is)(are) personally known to me to be the same person(s) whose name(s) (is)(are) subscribed to the foregoing instrument appeared before me this day in person and acknowledged that (he)(she)(they) signed, sealed and delivered the said instrument as (his)(her)(their) free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal,this day of ' 19- My 19My commission expires Notary Public ACKNOWLEDGMENT-CORPORATE STATE OF ) SS: COUNTY OF ) I, , a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that President and Secretary of a(n) corporation, who is personally known to me to be the person whose name is subscribed to the foregoing instrument as such President, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act as such President and Secretary respectively and as the free and voluntary act of said corporation for the uses and purposes therein set forth. Given under my hand and notarial seal,this day of , 19 My commission expires Notary Public 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 assess- ments 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 dewribe 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 attorneys 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 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 INTROVENIENTS. 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 He 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. 1 l. INDENIl UTY. 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 i 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. RL:mw gA=gmkich\*305695.t5 SITE: BAY POINT, CA 254 BAILEY ROAD L/C: 004-2577 LIGAL-DRSCRIZXXON ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE STATE OF CALIFORNIA, UNINCORPORATED AREA OF CONTRA COSTA COUNTY, DESCRIBED AS FOLLOWS: BEING PORTIONS OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 1 WEST, MOUNT k DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL ONS: (PROPOSED MCDONALD'S FEE PARCEL) `E BEGINNING AT A POINT IN THE EASTERLY BOUNDARY OF THE LAND DESCRIBED IN THAT DEED FROM S. G. MIMS, ET AL TO JOSE M. GARCIA, ET AL, DATED FEBRUARY 25, 1949 AND RECORDED IN VOLUME 1387 OF OFFICIAL RECORDS, AT PAGE 208, RECORDS OF CONTRA COSTA COUNTY, SAID POINT BEARING ALONG SAID LINE, NORTH 000 04' 49" EAST 86.00 FEET FROM THE NORTHWEST CORNER OF PARCEL A AS SHOWN ON THE RECORD OF SURVEY FILED DECEMBER 11, 1973, IN BOOK 56 OF LICENSED SURVEYORS MAPS, PAGE 38, CONTRA COSTA COUNTY RECORDS; THENCE FROM SAID POINT, NORTH 890 23' 24" WEST 109. 99 FEET; THENCE NORTH 006 04' 49" EAST 33.14 FEET TO THE SOUTHEAST LINE OF CANAL ROAD; THENCE ALONG SAID LINE, NORTH 190 57' 35" EAST 85.71 FEET TO A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 192.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 380 36' 57°, AN ARC LENGTH OF 129.40 FEET TO A COMPOUND CURVE HAVING A RADIUS OF 150.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 310 00' il", AN ARC LENGTH OF 81. 17 FEET; THENCE NORTH 890 34' 43" EAST 69.01 FEET TO A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 10.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 930 04' 06", AN ARC LENGTH OF 16.24 FEET TO THE WESTERLY LINE OF BAILEY ROAD AS ESTABLISHED BY THAT DEED TO CONTRA COSTA COUNTY RECORDED IN BOOK 19328, PAGE 520, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE, SOUTH 020 38' 49" WEST 213 .01 FEET; THENCE LEAVING SAID LINE, NORTH 890 231 . 24" WEST 146.01 FEET; THENCE SOUTH 000 04. 49" WEST 13 .99 FEET TO THE POINT OF BEGINNING. TOGETHER WITH ALL OF THE GRANTOR'S INTEREST IN THE BUILDINGS) AND IMPROVEMENTS NOW LOCATED ON THE PROPERTY, IF ANY, AND ALL OF THE GRANTOR'S RIGHT, TITLE AND INTEREST IN THE ADJOINING STREETS, HIGHWAYS AND RIGHTS-OF-WAY. _: . . :. .. . X13 EXHIBIT "B" ES -DP 3056-95 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 Bailey Road for Parcels 097-270-061, 062, 063, 073, 067, and 068, as described in Exhibit "A": 1. Payment of$5,000 to be used towards the undergrounding of the overhead distribution facilities along the frontage of Bailey Road. CONSTRUCTION Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent. The payment of the above deferred fee shall be paid as outlined in Item 4B of the agreement or when area wide undergrounding is performed. RL:mw g:engsvc\rich\dp3056-95.exb