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Home My WebLink AboutMINUTES - 06091998 - C9-C13 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Order on June 9, 1998,by the following vote: AYES: Supervisors Uilkem, Gerber, DeSaulnier, Ganciamilla, Rogers NOES: bone ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/305 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8105, Dougherty Valley area. The following documents were presented for Board approval this date: I. Map The Final Map of Subdivision 8105, property located in the Dougherty Valley area, said reap having been certified by the proper officials; 11. Subdivision Agreement A Subdivision Agreement with Shapell Industries of Northern California, subdivider, whereby said subdivider agrees to complete all improvements as required in said Subdivision Agreement within one year from the date of said agreement. Accompanying said Subdivision Agreement is security guaranteeing completion of said improvements as follows: A. Cash Deposit Deposit amount: $10,900 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 313633 (May 13, 1998) B. Surety Bond Bond Company: American Casualty Company of Reading, Pennsylvania Bond Number and Date: 158945652 (April 27, 1998) Performance Amount: $1,078,500 Labor&Materials Amount: $544,700 Principal: Shapell Industries of Northern.California III. Tax Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 1997/98 tax lien has been paid in full and the 1998/99 tax lien, which became a lien on the first day of January 1998, is estimated to be $34,004, with security guaranteeing payment of said tax lien as follows: SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8105, Dougherty Valley area. DATE: June 9, 1998 PAGE: -2- A. Tax Surety Bond Company: American Casualty Company of Reading, Pennsylvania Bond Number and Date: 158946702 (May 8, 1998) Amount: $34,000 Principal: Shapell Industries, Inc. NOW THEREFORE BE IT RESOLVED that said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans; BE IT FURTHER.RESOLVED that said Final Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said Subdivision Agreement is also APPROVED. RL:NL:mw Ci:'CGrpDatalEngSvc\BO\BO 6.2-98.doc I hereby certify that this is a true and correct Contact: Rich Woric313-2 Co of an action taken and entered on the Contact: Rich Lierly(313-2348) �� minutes of the Beard of Supervisors on the cc: Public Works-R.Bruno,Construction date shown. JUN Current Planning,Community Development 0 9 1998 Shapell Industries of Northern California ATTESTED: *+a� me is nCas alty Company Milpitas, 95035 PHIL BATCHELOR Clerk of the Board American Casualty Company of Reading,Pennsylvania , 21650 Oxnard Street,#760,Woodland Hilts,CA 91357 of Supervisors and County Administrator T—April 2,1999 , By Deputy n 049 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Carder on June 9, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, Rogers NOES: Norte ABSENT: None ABSTAIN: Norte RESOLUTION NO.: 9 307 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8058 (DP 3013-97), Pleasant Hill area. WHERE AS the conditions of approval under permit DP 3013-97 require the existing lots involved in this development permit to be reverted to acreage; and WHERE AS the requirement to guarantee payment of estimated property taxes that usually applies to subdivision does not apply to reversions to acreage; The following documents were presented for Board approval this date: 1. Map The Final Map of Subdivision 8058, property located in the Pleasant Hill area, said map having been certified by the proper officials; 2. Subdivision Agreement A Subdivision Agreement with Essex Portfolio, L.P., subdivider, whereby said subdivider agrees to complete all improvements as required in said Subdivision Agreement within one year from the date of said agreement. Accompanying said Subdivision Agreement is security guaranteeing completion of said improvements as follows: A. Cash Deposit Deposit amount: $9,900 Deposit made by: Essex Portfolio, L.P. Auditor's Deposit Permit No. and Date: 313992 (May 20, 1998) B. Surety Band Bond Company: American Motorists Insurance Company Bond Number and Date: 3SM 914 045 00(May 15, 1998) Performance Amount: $89,200 Labor&Materials Amount: $49,550 Principal: Essex Portfolio, L.P. SUBJECT. Approval of the Final Map and Subdivision Agreement for Subdivision 8058, Pleasant Hill area. DATE: June 9, 1998 PAGE -2- NOW THEREFORE BE IT RESOLVED that said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans; BE IT FURTHER RESOLVED that said Final Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said Subdivision Agreement is also APPROVED. RL:7D:mw 1�PWS11SHARDATA,GrpDatalEngSvclBfl\330 6-9-98.doc Originator:Public woes(Es) i hereby certify that this is a true and correct Contact: Rich Lierly(313-2348) copy of an action taken and entered on the cc: Public Works—Tax i.D.#77-8369-575,Accounting minutes of the Board of Supervisors on the date shown. R.Bruno, ty Develop JUN 0 9 1998 EssexCuttent Plank ng,Community Development ATTESTED. �+V�a +7 `� Essex Portfolio,L.P. 925 E.Meadow Drive,Palo Alto,CA 94303 PHIL BATCHELOR, Clerk of the Board American Motorists Insurance Company of Supervisors and County Administrator %Lou Jones&Associates , ti P.Q. Box 1327,San Mateo,CA 94401 T-.April 10,1999 By Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on June 9, 1998 by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98Z306 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8051, Alamo area. The following documents were presented for Board approval this date: I. Map The Final Map of Subdivision 8051, property located in the Alamo area, said map having been certified by the proper officials; II. Subdivision Agreement A Subdivision Agreement with Alamo Orchards, LLC and TA Tucker Associates, Inc., subdivider, whereby said subdivider agrees to complete all improvements as required in said Subdivision Agreement within one year from the date of said agreement. Accompanying said Subdivision Agreement is security guaranteeing completion of said improvements as follows: A. Cash Deposit Deposit amount: $2,000 Deposit made by: Alamo Orchards LLC; TA Tucker Associates, Inc. Auditor's Deposit Permit No. and Date: 313925 (May 19, 1998) B. Surety Bond Bond Company: Financial Pacific Insurance Co. Bond Number and Date: 5303172 (May 12, 1998) Performance Amount: $197,400 Labor&Materials Amount: $99,700 Principal: Alamo Orchards, LLC III. Public Right of Way Landscape Agreement A Public Right of Way Landscape Agreement with Alamo Orchards, LLC and TA Tucker Associates, Inc., subdivider, whereby said subdivider agrees to complete all improvements as required in said Landscape Agreement within one year from the date of said agreement. Accompanying said Landscape Agreement is security guaranteeing completion of said improvements as follows: A. Cash Deposit Deposit amount: $1,000 Deposit made by: Alamo Orchards LLC; TA Tucker Associates,Inc. Auditor's Deposit Permit No. and Date: 313925 (May 19, 1998) SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8051, Alamo area. DATE: June 9, 1998 PAGE -2- B. Surety Bond Bond Company: Financial Pacific Insurance Co. Bond Number and Date: 53031.70 (May 12, 1998) Performance Amount: $68,100 Labor&Materials Amount: $34,550 Principal: Alamo Orchards, LLC IV. Tax Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 1997/98 tax lien has been paid in full and the 1998/99 tax lien,which became a lien on the first day of January 1998, is estimated to be $25,900, with security guaranteeing payment of said tax lien as follows: A. Tax Surety Bond Company: Financial Pacific Insurance Com any Bored Number and Date: S 303169(May 12, 1998 Amount: $25,900 Principal: Alamo Orchards, LLC; TA Tucker Associates, Inc. NOW THEREFORE BE IT RESOLVED that said subdivision, 'together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans; BE IT FURTHER RESOLVED that said Final Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said Subdivision Agreement is also APPROVED. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Beard of Supervisors on the date shown. JUS 0 9 199 ATTESTED: PHIL BATCHELOR, Clerk of the Board of Supervisors and County;Administrator RL:KF:mw ti:\Crpnata\EngSvoBO1Bo s 9-9a.doc By-__ `...cs .. .Deputy Originator.Public Works(ES) Contact: Rich Lierly(313-2348) cc: Public Works-R.Bruno,Construction Current Planning,Community Development Alamo Onccards,LLC 2723 Crow Canyon Road,Suite 100A,San Ramon,CA 94583 TA Tucker Associates,Inc. 2723 Crow Canyon Road,Suite 100A,San Ramon,CA 94583 Financial Pacific insurance Company P.O.Box 292220,Sacramento,CA 958292220 'r—April 9,1999 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 9, 1998 by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, Rogers NOES: None ABSENT: None ABSTAIN: Norte RESOLUTION NO.: 98/308 SUBJECT: Approval of the Second extension of subdivision agreement for Subdivision 7140, Discovery Bay area. The Public Works Director having recommended that he be authorized to execute the 2 agreement extension which extends the subdivision agreement between New Discovery, Inc., and the County for construction of certain 'improvements in Subdivision 7140, Discovery area, through April 2, 1999; • APPROXIMATE PERCENTAGE OF WORK COMPLETE: 8% « ANTICIPATED DATE OF COMPLETION: Fall 1998 • REASON FOR EXTENSION: This project has been delayed due to heavy rains. 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 enured on the minutes of the Board of Supervisors on the date shown. JUN 0 91998 ATTESTED: PHIL BATCHELOR, Clerk of the Board of supervisors and County Administrator By , . d Deputy RL:mw G:\GrpData\EngSv6BO\BO 5-9-98.doc Originator:Public Works(ES) Contact: Rich Lierly(313-2348) cc: Public Works-R. Bruno,Construction Current Planning,Community Development The American Insurance Company 777 San Marin Drive,Novato,CA 94948 New Discovery,Inc.,P.O.Box 907,Concord,CA 94522 n/0 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY; CALIFORNIA Adopted this Order on June 9, 1998 by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, Rogers NOES: Nene ABSENT: None ABS'T'AIN: None SUBJECT: Authorize Chairperson of the Board to sign Amendment to Cooperative Funding Agreement with Shell Martinez Refining Company, LUP 2009-92,Martinez area. The Public Works Director hereby recommends to the Board that the Chair of the Board be authorized to sign an amendment to the Cooperative Funding Agreement for the Shcll Clean Fuels Project, effective November 8, 1994 between Shell and the County. IT IS BY THE BOARD ORDERED that the chairperson of the, Beard is hereby AUTHORIZED to sign the May 6, 1998, Amendment to the November 8, '1994, Cooperative Funding Agreement. 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. JUN €3 9 1998 ATTESTED: RL:mw PHIL BATCHELOR, Clerk of the Board G:\GrpD-ata\EngSvc\BO\BO6-9-98.doc of Supervisors and County Administrator Originator: Public Works(ES) a T ALA )Contact: Rich Lierly(313-2348) By" '^' l' "�A) " Deputy ce: M.Avalon,Community Development E.S.File LUP 2009-92 Tim 3,Tomko,Project Engineer,Shell Martinez Refining Company P.O.Box 711,Martinez,CA 94553 (LAND USE PERMIT 2009-92) THIS Amendment, herein called AMENDMENT, made this_i� .. , day of , 1998„ between SHELL MARTINEZ REFINING COMPANY,as successor to SHELL OIL CO 'ANY,herein called"Shell",and the County of Contra Costa,herein called "County," amends the Cooperative Funding Agreement for the Shell Clean Fuels Project,effective November 8, 1994,between Shell and the County, herein called COOP, as fellows: I. Item No.48-1 of the COOP requires shoulder widening along Shell Avenin within the jurisdiction of the County and the City of Martinez, herein called "City", and requires the construction of necessary roadside longitudinal and transverse drainage improvements. 2. The existing northerly road profile at Shell Avenue and contiguous adjacent Shell property to the east and west of the road from the Shell refinery bridge overcrossing to Marina Vista presently collect and convey drainage by sheet flow,road ditches,concrete swales, etc. to existing outfalls without regard to clear definition of right-of-way boundaries. 3. The intent of Item NO. 48-1 of the COOP can be achieved within the scope of work outlined in said item only if drainage waters flowing within the area already above described can continue to flow without restriction and to spill upon said property of Shell. 4. Accordingly, Shell hereby releases and forever discharges the County and the City from any liability for damages the County or the City may now or hereafter cause by reason of any future discharge of said waters upon the said property of Shell due to construction and maintenance of the Shell Avenue improvements as required by Item NO.48-1 of the COOP except for damages caused by the active negligence of the County. If, by the acceptance of said waters upon its property as provided herein, Shell suffers any damage,now or in the future,Shell agrees that it will have and make no claim therefor against the County or the City and that it shall not maintain any action at law or in equity against the County or city for said damages except for damages caused by the active negligence of the County. 5. This AMENDMENT is limited to waters from natural rainfall that naturally drain from Shell Avenue or fall upon or accumulate upon Shell Avenue where said property abuts to the east and west of Shell Avenue. 6. This AMENDMENT shall survive any termination of the COOP. However, the drainage rights given to the County and the City by this AMENDMENT shall automatically and without the necessity of any further agreement terminate and be of no further force or effect if and when the construction of acceptable drainage facilities upon the said property and Shell Avenue are complete. 7. Disputes regarding the interpretation and application of this AMENDMENT',shall be resolved in California courts according to California law. 8. This AMENDMENT is the complete agreement between the parties on the subject matter of this AMENDMENT. 9. This AMENDMENT shall be subject to modification only with the written consent of both parties. 10. This AMENDMENT shall be binding upon the heirs, successors, and assigns of Shell and any public successor to the County and the City. 11. Except as modified by this AMENDMENT, all terms of the COOP shall remain as originall agreed to by Shell and the County. Y COUNTY OF CONTRA COSTA SHELL MARTINEZ REFINING COMPANY AS SUCCESSOR TO SHELL OIL COMPANY Ch ' ers card d Supervisors Tim J. Tomko, Project Engineer Martinez Projects Organization ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: t -r ^� By: Deputyaul Masta Martinez Projects Organization RECOMMENDED FOR APPROVAL: J. Michael Walford, Public Works Director B Pu arkstflr FORM APPROVED: Victor J. Westman,County Counsel By: Deputy g.\design\work\she11coop.wpd 3/10/98