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HomeMy WebLinkAboutMINUTES - 07141998 - C13-C15 TO: BOARD OF SUPERVISORS t'.j FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: June 23, 1998 SUBJECT: Joint Exercise of Powers Agreement with the City of Antioch for Sealcoating Deer Valley Road and Heidron Ranch Road Project No.: 0672-682174 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUS717IFICATION L Recommended Action: Approve and Authorize the Chair of the Board of Supervisors to execute the Joint Exercise of Powers Agreement with the City Of Antioch for County furnished chipsea ig of the entire width of Deer Valley Road and Heidron Ranch Road within the limits of the City of Antioch. II, Financial Imnact: No Coulrty funds will be expended for this work The City of Antioch will pay all costs for work done within the city limits. Contbumd on Attndhment:_.L_ SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRA _RECOMMENDATION OF BOARD CObEWMEE —APPROVE OTHER "IGNATURE(S}r ACTION OF BOARD ON July 14, 1998 APPROVED AS RECOMMENDED.Z_' VOTE OF SUPERVISORS X UNANIMOUS(ABSENT None AYES: NOES; ABSENT:- ABSTAIN: H: .WWd I hereby certify that this is a true and correct Matmb Of*DW ;,w*" ) copy of an action taken and entered on the 013-70K minutes of the Board of Supervisors on the Dw. date shown. ATTESTED: .. Au&WdCb*vAw PHIL BATC LO Clerk of the Hoard PWAw dit of Superviso s and Cour y Administrator By 210, ,*4 Pd-AWI:�I Deputy SUBJECT: Agreement with the City of Antioch for Sealcoat Project No.: 0672-6R2174 DATE: Juane 23, 1998 PACE 2 III. Reser ps, or +1 mmea do ns and RaLka2ynd: The City of Antioch requested the County to place sealcoats on Deer Valley Road and Heidron Ranch Road. The County has the equipment and expertise for this type of pavement surface treatment and has the capability to perform the requested work without significant affect on the County program. The County will include this work as part of the Public Works 1998 Surface Treatment Program with funding for the city portion provided by the City of Antioch IV. QnsIgueneg gf N_egativj Actions Without approval of the Joint Exercise of Powers Agreement,Deer Valley Road and Heidron Ranch Road, within the city limits of Antioch will not be chipsealed and we will lose an opportunity to work cooperatively with the City. JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF ANTIOCH FOR THE DOUBLE SEALCOAT TREATMENT OF DEER VALLEY ROAD AND HEIDRON RANCH ROAD This AGREEMENT is entered into on the 14th day of July , 1998, between the City of Antioch, a municipal corporation of the State of California, hereinafter "CITY", and the County of Contra Costa, a political subdivision of the Mate of California, hereinafter"COUNTY", pursuant to Government Code Section 6500, and following. The parties to this AGREEMENT mutually agree and promise as follows: 1. Purpose and Scope of Work. The purpose of this AGREEMENT is to provide for the placement of surface treatment on Deer Valley Road from CITY Limit northerly approximately 6,122 linear feet along Deer Valley Road and Heidron Ranch Road from Lone Tree Way southerly to the CITY Limit (hereinafter "PROJECT"). The work to be performed consists of placing a double sealcoat over the existing roadway and a one time sweeping procedure following the placement of the sealcoat. 2. Res sibilities of COUNTY and CITY A. COUNTY shall be responsible for the following: (1) Act as lead agency. (2) Provide an estimate of the PROJECT costs. (3) Perform all necessary work to place the sealcoat, complete in place, with its own labor and equipment, rental equipment and contractor furnished materials. (4) Prepare and deliver to the CITY a report of final PROJECT costs within 45 days of completion of the COUNTY'S portion of the PROJECT. B. CITY shall be responsible for the following: (1) Review and approve COUNTY furnished estimate of the PROJECT costs. (2) Repair base failures and apply crack sealing prior to COUNTYS placement of the double sealcoat, place necessary pavement stripes and markings after double sealcoat has been placed by COUNTY and other items necessary to complete the PROJECT. (3) Review and accept the PROJECT upon receipt of a notice of completion of the double sealcoat from COUNTY. 1 (4) Reimburse the COUNTY for the final PROJECT costs involved in placing the double sealcoat. 3. Financial &§po2i ility. The CITY and the COUNTY acknowledge that all costs for the PROJECT will be borne by the CITY. The term"COSTS", as used in the sub- part, shall include without limitation all equipment, labor and material costs associated with completing the PROJECT. The CITYS maximum cost shall be limited to $36,000 (120% of estimate) plus any CITY approved change orders. In addition, the CITY agrees to pay appropriate overhead costs including the cost of insurance specific to the performance of the work within the CITY. The CITY shall reimburse the COUNTY the PROJECT costs within 30 days of receipt of the report of final PROJECT costs. 4. Insurance and Hold Harmless. A. Before any work is performed pursuant to this AGREEMENT, the CITY and COUNTY shall obtain and maintain in farce, the following insurance: (1) Broad Form Comprehensive General Liability Insurance, including coverage for owned and non-owned automobiles, with minimum combined single limit coverage of$1,000,000 for all damages because of bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence and $1,000,000 insuring the contractual liability for services provided under this AGREEMENT. B. The policy or policies, for both regular and any excess insurance, and the riders attached thereto, or the certificates for the policies or riders, shall name the other party, its officers and agents, as additional insureds, and shall provide for notice to the other party of cancellation, modification, or lapse at least 30 days prier to such cancellation, modification, or lapse of the policy or policies. C. The insurance hereinabove specified shall be in the form satisfactory to the parties and shall be placed with an insurance company or companies satisfactory to the parties, and shall be kept in full force and effect during the term of this AGREEMENT. D. Prior to commencement of any work on the PROJECT, each party shall furnish, or cause to be furnished to the other party, certificates of insurance or certified copies of the policies of insurance hereinabove specified. E. If the CITY or COUNTY is self insured, the self insured party shall provide evidence acceptable to the other party that its self insured program provides the above described minimum coverage. F. If the CITY or COUNTY fail to maintain the above described 2 insurance, this AGREEMENT shall automatically terminate immediately. Upon such termination under this paragraph, the COUNTY shall not be obligated to perform any further services, but the CITY shall continue to be obligated to pay the COUNTY for the services performed by the COUNTY under this AGREEMENT to the date of termination. G. Neither the COUNTY, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY, or in connection with any work delegated to the CITY under this AGREEMENT, and the CITY shall defend, indemnify, save and hold harmless the COUNTY, its governing body, officers and employees from the same, except as provided otherwise in section 5A below. M. Neither the CITY, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the COUNTY, or in connection with any work delegated to the COUNTY under this AGREEMENT, and the COUNTY shall defend, indemnify, save and hold harmless the CITY, its governing body, officers and employees from the same, except as provided otherwise in section 5A below. 1. Nothing in this AGREEMENT is intended or shalt be construed to effect the legal liability of either party to third parties by imposing any standard of care greater than that imposed by law.' 5. Acceptance By CITY. A. Once the PROJECT work is completed by the COUNTY, the CITY shall accept total responsibility for use, operation, and maintenance of the PROJECT, the CITY shall defend, indemnify, save and hold harmless the COUNTY, its governing body, officers and employees against all claims, suits, actions or liability that arise, relating to the use, operation or maintenance of said portion after the COUNTY completes the PROJECT. 6. Restrictions. Pursuant to Government Code Section 6509, the powers of the parties under this AGREEMENT shall be subject to the restrictions on such powers applicable to the COUNTY. 7. Accountability. As required by Government Code Section 6505, bath parties to this AGREEMENT shall provide strict accountability of all funds received and disbursed for the PROJECT. B. Agreement Modifications. This AGREEMENT shall be subject to modification only with the written consent of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. This AGREEMENT supersedes all other AGREEMENTS between 3 the CITY and the COUNTY, either written or verbal, concerning the 'surfacing of Deer Valley Road and Heidron Ranch Road. 9. Acireemsnt ExOnAion. This AGREEMENT shall expire upon delivery of the report of receipts and disbursements end payment of all funds specified herein, except for the provisions of sections 4G, 4H and 5, which shall survive expiration of this AGREEMENT. 4 CONTRA COSTA COUNTY CITY OF ANTIOCH By 4A4-p By X � it it Chr"31riYr'!, Board of Supervisors Mary H. Ro ha, Mayor ATTEST: F®r, 1q, 1 y 9 S Phil Bat Jerk of the Board of Supervisors and County Administrator By -- Deputy Recommend for Approval: Recommend for Approval: J. Michael Walford Joseph G. Brandt Public Works Director City Engineer By By Form Approved: F 24Appproved Victor J. Westman William R. Galtan County Counsel City Attorney �^ ..mow?•_..- ,+ w By By Deputy j <;/ H:MA «SO"My.wpd May 20,190 5 I 1998 ANTIOCH DOUBLE CHIP SEAL Project Cost Estimate(SEAL ONLY) Project game: Deer Valle 'Rd/He dron Ranch Rd Double Chip Seal Cost Estimate Date: 4/6/98 Project Number. Pre tired S BMB Project Location: Deer My Rd and Heidron Rch Rd, Antioch Area Checked By: Item No. Bid Item Description Quantity Unit Unit Cost Amount 1 Double Chip Seal 25223 SY $1.20 $30,267.603 Other Costs: Contract Subtotal`: $30,267.60 Other Costs: Subtotal: $30,267.60 Contingencies - (20% of contract sub): $6,053.52 Total: $36,321.12 Rounded Total: $36,000 Place approximately 227,000 SF (25223 SY) of Double Chip Seal. City of Antioch is responsible for: All preparation work required for roads prior to application of Double Chip Seal (crack sealing, pavement failure repair, weed removal, leveling course, if req'd) Pavement striping and markings after application of Double Chip Seal. Working Days: 2 days required BMB:b►n C:w00S%rna98.S oji TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: JULY 14, 1398 SUBJECT: NORTH BROADWAY AREA REVITALIZATION PROJECT-BAY POINT AREA Project No.: 0662-BR4136 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE Right of Way Contract and ACCEPT Grant Deed dated April 22, 1998, from the Heirs and Devisees of Francisca Tafoya. B. AUTHORIZE the Public Works Director to execute said Right of Way Contact on behalf of the County. C. APPROVE payment for said property rights and AUTHORIZE the Auditor-Controller to issue a check for$43,460 payable to American Title Company, 140 Gregory Lane, Suite 100, Pleasant Hill, CA., 94523, Escrow No. 37224, to be fo r d to Real Property for delivery. Continued on Attachment: X SIGNATURE: •.r RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON July 14, 199$ APPROVED AS RECOMMENDED x VOTE OF SUPERVISORS UNANIMOUS(ABSENT None AYES: NOES: ABSENT: ABSTAIN: NW::gpp: I hereby certify that this is a true and correct G:\GrpData\RealProp198-6\Boa7-14.doc copy of an action taken and entered on the Orig.Div: Public Works(R/P) minutes of the Board of Supervisors on 10 Contact: Nancy Wenninger(313-2227) date shown. cc: County Administrator ATTESTED: f 121 Auditor-Controller(via R/P) PHIL BATC. �ELC? Jerk If the Recorder Bc< P. o Accountingrder(via R/P} of St,pervisors and Coun Adrninistratur By d2 tG. ,.o.-- Deputy D. DIRECT the Real Property Division to have the above-referenced Deed recorded in the Office of the County Recorder. 11. Financiallmpact: Payment totaling $43,460 from Contra Costa County Redevelopment Agency funds. 11111. ELeMns for Recommendatlons And Background: The proposed project is planned to help revitalize the neighborhood by constructing the following infrastructure improvements: (1) pavement widening, slurry-seal and frontage improvements (curb, gutter, and sidewalk) on North Broadway, Solano and Poinsettia Avenues; (2) a new storm drainage system on Poinsettia and extension of existing storm drains on North Broadway and Solano Avenues; (3) construction of a new road (Pullman Avenue) from Fairview to North Broadway; and (4) installation of streetlights on Pullman Avenue. A significant number of upgrades to the water and sewer facilities will also be constructed. IV. Conseguences of Negative. Action: The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE. JULY 14, 1998 SUBJECT: LICENSE AGREEMENT FOR SIDEWALK CONNECTIONS BETWEEN BISHOP RANCH DEVELOPMENT 3 AND THE IRON HORSE TRAIL. ACROSS THE FORMER SOUTHERN PACIFIC RIGHT FLIGHT OF WAY - SAN RAMON AREA Project No.: 4585-354€ -ACQ BG 5575 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE License Agreement with Sunset Development Company and AUTHORIZE the Board Chair to execute said Agreement on behalf of the County. 11. Financiallmoact: REVENUE: $1,500 license fee received from Sunset Develop.Tent Company. Continued on Attachment:_XX _ SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURES): ACTION OF BOARD ON My T4, 1998 APPROVED AS RECOMMENDED X O VOTE OF SUPERVISORS UNANIMOUS(ABSENT None AYES: NOES: ABSENT; ABSTAIN: I hereby certify that this is a true and correct sd copy of an action tak:.n an., entsr=gid on the PS: gpp minutes of the Board of Supervisors on the G:iGrp©atatRealPropl98-6tBOA14-7.doc date shown. Orig.Div: Public Works(R/P) ATTESTED: _.. - -�--r- Contact: Patricia Smysers(313.2222) PHIL BATCH Lo cies of the Beard cc: County Administrator of Supervisors and Co my Administrator P.W.Accounting By ;,;I �3 = deputy Ill. r R2comnyndations and O-a-21wroun The City of San Ramon conditioned Sunset Development Company to provide walkways from their proposed Bishop Ranch Development 3 to the Iron Horse Trail. This license agreement will allow Sunset Development Company to construct and maintain six sidewalk connections across the former Southern Pacific Right of Way to connect their new office development with the Iran Horse Trail. The terms and conditions of this agreement provide for the revocation of the license and removal of the improvements at licensee's cost in the event that the right of way is required by the County. IV. !Qons2c jettces of legative Mf'o„n_: Sunset Development Company will be unable to meet the conditions of approval imposed upon them by the City of San Ramon. License Agreement1 (Not to be recorded) SIDEWALK CONNECTORS FROM PEDESTRIAN WAYS AT BISHOP RANCH DEVELOPMENT 3 ACROSS FORMER SOUTHERN PACIFIC RIGHT OF WAY THIS AGREEMENT is made and entered into this 14th day of July199A by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter called "COUNTY," and Sunset Development Company, a California corporation, hereinafter called "LICENSEE." WITNESSETH: THAT LICENSEE has been required by the City of San Ramon as a condition of approval to construct six sidewalk connections to the Iron Horse Trail from its Bishop Ranch 3 Development located south of Executive Parkway and east of Camino Ramon. THAT COUNTY, for good and valuable consideration and in further consideration of the faithful performance and observance by LICENSEE of all of the terms and conditions herein contained, does hereby grant to LICENSEE a revocable license for the construction, maintenance, removal and use of six sidewalk connections from pedestrian ways on Bishop Ranch Development 3 to the Iron Horse Trail, together with the necessary appurtenances thereto, hereinafter referred to as "the Sidewalk Connectors", as defined below. THE LICENSE above mentioned is granted by COUNTY and accepted by LICENSEE upon the following terms and conditions and LICENSEE does hereby agree with COUNTY as follows: 1. Definitions: As used in this License, "the Property" shall refer to that portion of the former Southern Pacific Railroad Right of Way located between Executive Parkway and Bollinger Canyon Road in the City of San Ramon. As used in this License, "the Sidewalk Connectors" shall refer to a lateral crossing of the Property, extending easterly from Bishop Ranch Development 3 to the Iron Horse Trail as shown on the map on Exhibit "A," attached hereto and thereby incorporated in this Agreement. The Sidewalk Connectors are 15-20 feet long and 8-10 feet wide. 2. Title of County: LICENSEE hereby acknowledges the title of COUNTY in and to the Property and agrees never to assail or to resist said title. LICENSEE agrees that it has not acquired nor will it hereafter acquire any rights or interest in the Property, nor does LICENSEE have nor will it obtain any right or claim to the use of the Property beyond those specifically granted in this License. Page 1 of 8 3. Term: The rights granted hereunder may be immediately revoked by the COUNTY upon seventy-two (72) hours notice to LICENSEE upon a breach of any terms of this agreement. The installation or construction of any equipment or fixtures by LICENSEE pursuant to this agreement shall not render this revocable license irrevocable, and shall not be construed to effect a conveyance of any property right to LICENSEE. 4. Primary Use of Property: The Property consists of a corridor which COUNTY is in the process of developing for transportation, utility, and other purposes. Underground utility facilities are already in place and it is anticipated that, in the future, a mass transportation system and additional utility facilities will be constructed or installed on the Property. Any and all rights granted or implied by this License shall be subordinated to the uses just mentioned, as well as to other uses of the Property made or permitted by COUNTY. LICENSEE acknowledges that the uses just described constitute the primary use of the Property and that LICENSEE's use of the Sidewalk Connectors pursuant to this license is secondary and subordinate to said primary uses. LICENSEE shall not, at any time, use or permit the public to use the Sidewalk Connectors in any manner that will materially interfere with or impair said primary uses of the Property or the use of the Property by COUNTY's permittees as defined below. All rights granted to LICENSEE hereunder are subject to all existing and future rights, rights of way, reservations, franchises, and licenses in the Property, regardless of who holds the same (collectively referred to herein as COUNTY's Permittees), including COUNTY's right to use the Sidewalk Connectors for emergency or any other purpose. 5. Suspension or Limitation of Use: COUNTY and its permittees shall have the right to suspend or to limit the use of the Sidewalk Connectors by LICENSEE and the general public for a reasonable amount of time for protection of public safety, or for the construction, installation, operation, maintenance or repair of other facilities on the Property. Should such suspension or limitation be necessary, COUNTY shall provide LICENSEE fifteen (15) days' prior notice in writing, except in cases of emergency maintenance or repairs. COUNTY shall not be held responsible or liable for unavoidable damage or removal of any Sidewalk Connectors improvements when COUNTY finds it necessary to accomplish work for the maintenance, construction, repair, reconstruction or alteration of COUNTY property. However, COUNTY will exercise reasonable care to minimize adverse impacts of such work upon Sidewalk Connectors improvements. 6. Revocation: In the event, in the sole discretion of COUNTY, the primary uses of the Property by COUNTY or COUNTY's Permittees require some permanent use of a portion or portions of the Property which, by nature thereof, precludes LICENSEE's use of all or a portion of the Sidewalk Connectors, COUNTY may, upon ninety (90) days' prior notice, revoke this License. Upon revocation or termination of this Agreement, the COUNTY shall have the right to request LICENSEE to remove from the Property, at LICENSEE's sole expense, such portions of the Sidewalk Connectors improvements as COUNTY may demand. In addition, LICENSEE shall Page 2 of 8 t restore said real property to as near its original condition as possible. If LICENSEE fails to remove the Sidewalk Connectors improvements within thirty (34) days after receipt of written notice from COUNTY to do so, said improvements may be removed by COUNTY at the LICENSEE's expense which expense LICENSEE agrees to pay COUNTY promptly upon demand. 7. Maintenance and Litter: During the term of this License, LICENSEE shall maintain the Sidewalk Connectors in a clean, safe and presentable condition, free from waste, litter and other items incidental to Sidewalk Connectors use and left by parties other than COUNTY and its permittees. As used in this section, the term "litter" shall include, but not be limited to, paper, garbage, refuse, trimmings, and other items that detract from the neat and tidy appearance of the Property. If LICENSEE fails so to keep the Property then, after thirty (30) days' prior written notice specifying the needed work, COUNTY may perform or hire the necessary work at the reasonable expense of LICENSEE, which expense LICENSEE agrees to pay to COUNTY upon demand. LICENSEE agrees to keep the Sidewalk Connectors free from weeds and ether vegetation, and to abate weeds to local fire district standards. COUNTY agrees to perform weed abatement on the remaining portion of the Property according to local fire district standards. 8. Indemnification: LICENSEE shall indemnify, save, protect, defend, and hold harmless COUNTY, Santa Fe Pacific Pipelines, L.P.,and East Bay Regional Park District, their respective boards, officers, employees and contractors (hereinafter collectively referred to in this Section as "Property Users"), from and against any and all loss, liability, expense, claims, costs, suits, and damages, including attorney's fees, arising out of or connected with LICENSEE's operations and performance or the presence or use by the LICENSEE or any other person of the Property under the terms of this LICENSE, or of the Sidewalk Connectors, provided however, LICENSEE shall not be responsible to indemnify, save, protect and hold harmless any individual Property User whose sole negligence or sole willful misconduct, as determined by a court of law, caused the applicable claim, cost or liability. g. Insurance Requirements: LICENSEE shall take out and maintain during the life of this License all the insurance required by this section and shall submit certificates for review and approval by COUNTY. No construction on or use of the Sidewalk Connectors shall commence until such insurance has been approved by COUNTY. The certificates shall be on forms provided by COUNTY or the insurance carrier. Acceptance of the certificates shall not relieve LICENSEE of any of the insurance requirements, nor decrease the liability of LICENSEE. COUNTY reserves the right to require LICENSEE to provide insurance policies for review by COUNTY. (a) Worker's Compensation Insurance LICENSEE shall take out and maintain Worker's Compensation and Employer's Liability Insurance for all of its employees on the Sidewalk Connectors. LICENSEE shall require any subcontractor to provide it with evidence of Worker's Compensation and Employer's Liability Insurance, all in strict compliance with California State laws. Page 3 of 8 N/ .. __ (b) Public Liability Insurance. LICENSEE shall take out and maintain Comprehensive Automobile and General Liability Insurance that provides protection from claims which may arise from operations or performance under this License. LICENSEE shall require any subcontractor to provide evidence of the same liability insurance coverages. The amounts of insurance shall be not less than the following: Single Limit Coverage applying to Bodily and Personal Injury Liability and property Damage: $1,000,000 per occurrence. (c) Endorsements. The following endorsements must be indicated on the certificate: (1) Contra Costa County, Santa Fe Pacific Pipelines, L.P., and the East Bay Regional Park District (EBRPD), their respective boards, officers, agents and employees are additional insureds under the policy as to the work and operations being performed under this License; (2) The coverage is primary and no other insurance carried by COUNTY, SFPL L.P or EBRPD will be called upon to contribute to a loss under this coverage; (3) The policy covers blanket contractual liability; (4) The policy limits of liability are provided on an occurrence basis; (5) The policy covers broad form property damage liability; (6) The policy covers personal injury as well as bodily injury liability; (7) The policy covers explosion, collapse and underground hazards; (8) The policy covers products and completed operations; (9) The policy covers use of non-owned automobiles; (10) The coverage shall not be canceled nor materially altered unless thirty (30) days written notice is given to COUNTY. (d) Failure of Coverage. Failure, inability, or refusal of LICENSEE to take out and maintain during the entire term of this License any and all of the insurance as aforesaid shall at the option of COUNTY constitute a breach of this License and justify immediate termination of the same. 10. Approval and Inspection of Work: LICENSEE shall not performany construction, reconstruction, remodeling, repair, removal, or other work within the Property without first obtaining COUNTY's approval in writing of said work. In seeking COUNTY's approval, LICENSEE shall furnish to COUNTY a complete description and sketch of the work proposed to be performed. In performing work approved by COUNTY, LICENSEE shall comply with all Page 4 of 8 __.. ... ......... ......... ......... ........11.11 1111._. .... ....... ........... ....._..... ............ ......... ......... ......... ......... ....... _ _..... ......... _1111.... terms, conditions, and requirements imposed by COUNTY and not deviate in any material manner from the description and sketch approved by COUNTY, without first obtaining additional approval in writing from COUNTY. It is understood and agreed that COUNTY has leases and/or licenses with others for all or a portion of the Property. Such arrangements provide an underground 'petroleum products pipeline right-of-way and may also include other uses such as underground natural gas, sewer, water, telecommunication cables, or electrical lines, overhead electric and communication lines or similar uses. This License shall not be effective and LICENSEE shall have no right to use the Sidewalk Connectors unless and until LICENSEE acquires letters of approval confirming that LICENSEE`s proposed use of the Property is acceptable to other users, including, but not limited to those users listed below: Santa Fe Pipelines, L.P. 1100 Town & Country Road Orange, CA 92868 Don Quinn (714) 560-4940 East Bay Regional Park District 2950 Peralta Oaks Court P. O. Box 5381 Oakland, CA 94605-0381 Telephone: (510) 635-0138 LICENSEE agrees to take all precautions required to avoid damage to the facilities of others, the COUNTY or the Property. Notwithstanding the foregoing, LICENSEE shall not be required to obtain COUNTY's prior written approval for the performance of routine maintenance or emergency repairs. As used in this section, the term "routine maintenance" refers to work that does not alter the original condition of improvements previously approved in writing by COUNTY, which work is required to prevent deterioration of said improvements. As used in this section, the term "emergency repairs" refers to repairs that do not alter the original condition of improvements previously approved in writing by COUNTY, which repairs are necessary to protect the safety of the public and others. Except in the case of emergency or routine maintenance, LICENSEE shall consult COUNTY at least seven (7) days before any major maintenance operations are performed by LICENSEE. Work shall be done in such a manner that COUNTY shall at all times be able to use and gain Sidewalk Connectors to its facilities. All work performed by LICENSEE under this section shall be subject to inspection by COUNTY. 1. Assignment: No rights of LICENSEE hereunder shall be transferred or assigned, unless to successor owner of Bishop Ranch Development 3, without prior written consent of COUNTY. With that exception, this License and each and all of the covenants herein contained shall inure Page 5 of 8 ...............................................................................................I......... ........................................................................................................................................................................................ to the benefit of and be binding upon the successors and assigns of the respective parties hereto. 12. Abandonment by LICENSEE: If LICENSEE shall, for a period of at least 120 consecutive days, fail to use or maintain the Sidewalk Connectors or any portion thereof, then all rights of LICENSEE in and to such portions not used or maintained shall immediately terminate, at COUNTY's sole discretion. 13. Condition of Property/As Is: It is understood and agreed by and between the parties hereto that the Property is subject to sliding, erosion, subsidence, and flooding, and that COUNTY is under no obligation to maintain the Property or repair any damage resulting from sliding, erosion, subsidence, or flooding unless in the sole discretion of COUNTY such damage affects the integrity of the COUNTY'S facilities. In the event of any lesser damage, LICENSEE shall perform such maintenance or repair as LICENSEE may deem necessary for proper and safe operation of the Sidewalk Connectors facilities. LICENSEE acknowledges and agrees that COUNTY makes no warranty, guarantee, representation or liability, express or implied as to the physical condition of the property and it is the sole responsibility of LICENSEE at its sole cost and expense to investigate such condition. 14. Pollution: LICENSEE, at its expense, shall comply with all applicable laws, regulations, rules, and others, with respect to the use of the Property, regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance upon request of COUNTY. No hazardous materials shall be handled by LICENSEE at any time upon the Property. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or from the Property caused by LICENSEE's employees, contractors and agents, LICENSEE, at its expense, shall be obligated to clean all the property affected thereby, whether owned or controlled by COUNTY or any third person, to the satisfaction of COUNTY (insofar as the property owned or controlled by COUNTY is concerned) and any governmental body having jurisdiction thereover. To the extent permitted by law, LICENSEE shall indemnify, hold harmless, and defend COUNTY, SFPP, LP, EBRPD and any other COUNTY Permittees against all liability, cost, and expense (including, without limitation, any fines, penalties, judgments, litigation costs, and attorneys' fees) incurred by COUNTY and such other users as a result &LICENSEE's breach of this section or as a result of any such discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or expense is proximately caused solely by the active negligence of COUNTY. LICENSEE shall pay all amounts due COUNTY under this section within ten (10) days after any such amounts become due. 15. Maintenance of Sidewalk Connectors Improvements: LICENSEE shall maintain at its expense all Sidewalk Connectors improvements, including pavement, gates, signs, and fences. Page 6 of 8 16. Drainage: COUNTY agrees to maintain, at its expense, all drainage and cross culverts not part of the Sidewalk Connectors. LICENSEE agrees to maintain, at its expense, drainage facilities necessary for Sidewalk Connectors. 17. Fencing: LICENSEE agrees to maintain, at its expense, all fencing and barricades on the Property installed by LICENSEE. 8. Vandalism: LICENSEE shall, at its own expense, promptly repair all damage to Sidewalk Connectors improvements, to the Property and to existing and future utilities, caused or contributed to by users of the Sidewalk Connectors. 19. Graffiti: LICENSEE shall, at its own expense, promptly clean, repaint, or remove any graffiti placed by users of the Sidewalk Connectors on Sidewalk Connectorsimprovements, the Property, existing and future utilities and fences, and walls and buildings adjoining the Property. 20. Modification: This License shall be subject to modification or amendment only by the written, mutual consent of both parties. 21. Notices: All notices, requests and communications required or permitted hereunder shall be in writing and shall be sufficiently deemed to have been given and received upon personal delivery by messenger one business day following delivery by overnight courier or telecopier (provided that a transmission report is generated which reflects accurate'transmission of the notice and a copy of the notice is mailed on the same day as the telecopier (provided that a transmission report is generated which reflects accurate transmission of the notice and a copy of the notice is mailed on the same day as the telecopy transmission) or, if mailed upon the first to occur of actual receipt or three (3) business days after being placed in the United States mail, postage prepaid, registered or certified mail, with return receipt requested, addressed to the above parties as follows: If to the Licensor: Contra Costa County Attn: Real Property Division 255 Glacier Drive Martinez, CA 94553 Telephone: (925) 313-2220 Facsimile: (925) 313-23331f to the Licensee: Sunset Development Company Attn: Peter R. Oswald One Annabel Lane P.O. Box 640 San Ramon, CA 94583 Telephone: (510) 277-1700 Facsimile: (510) 866-1330 Page 7 of 8 22. Entire Agreement: It is understood that this document contains the entire agreement between the parties hereto and all prior understandings or agreements, oral or written, of whatsoever nature regarding the rights hereby granted are superseded by this License and are hereby abrogated and nullified. IN WITNESS WHEREOF, the parties hereto have executed this License, in duplicate, the day and year first above written. Contra Costa County Sunset Development Company, a California Corporation r <\ By ,`r t ' `` `'. R Bye `' b Chair, Board df Supervisors Alexander R. Mehran President & CEO Attest: Owtt 1% 11TO.Y Phil Batchelor Clerk of the Board of Supervisors and County Administrator By Deputy Victor J. Westman County Counsel By Deputy Approved as to form PS:9pp \\PWS 1\S HAR DATA\G rp D ata\Re a l P ro p\98-5\S U N S E TLI.d oc May 18, 1998 Page 8 of 8 i hh a � x U X N x W _7 I S r• IN--� frn r p xw x64 - I Ix A I X O I / X0 XP fI I xg f f xito ( w A ( I J a I f x� F" ( r n %r t r 4b. } HORN INV e n xECUrIL, p�wY fl ° ti r`14 X; 1 1 t l� CANyO ' a Rp w h I t P Xao {►L W410 7 '+ X CROW CANYON lx t NORRIS ty < CANYO RD XaCP r {( r� h I Ky E)TCUTIV pKWY Ln + CANYON Rb rO Sq1 in frr X +� y X in i i e, C7 th it y ti i XU x Kj ° + omo Xv � a Xv tt I 4i 1! X ° to 1I X x fi l fx� .19 X�, o X as a a aS 1 XLK by r(iy xw 1 fl o� 60 x r U cine X x 3.14 I3 r. } c9j j x x x oo`, I xm " m iA L « C22Z XP v a, a W i 9 m { X•k t J Xv« t p `�- y�� a ca x R F xv ` a CA tr - - x X�% LA t M xw 4i:,_ p�tOFE I O �\ {{ IXP M 31 4 zr 1 i