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Home My WebLink AboutMINUTES - 07141998 - C183 Contra ' Costa TO: BOARD OF SUPERVISORS County FROM: Dennis M. Barry, AICD Community Development Director DATE: July 14, 1998 SUBJECT: Child Care Mitigation Agreement - Westin - Club Sport (Pleasant Hill BART Station Area) SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPROVE and AUTHORIZE the Chair and the Deputy Director - Redevelopment or his designee to execute Child Care Mitigation Agreements with Leisure Sports, Inc. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONE In 1986 the Board of Supervisors adopted a child care component of the Community Facilities Element of the County General Plan (Resolution 861623). In 1988 the Board of Supervisors enacted a Child Care Facilities Ordinance (Ordinance 88-1 adding chapter 82-22 to the County Ordinance Code). The Child Care Ordinance requires developers of projects to prepare and submit to the County a child care survey, including a needs assessment and response plan. CONTINUED ON ATTACHMENT: X YES SIGNATURE: „RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN ATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON July 14, 1998 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT - - - ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Source: Jim Kennedy 335--1255 cc: Community Development ATTESTED County Administrator PHIL BATCHELoIR, dLJERK OF County Counse€ THE BOARD OF SUPERVISORS Auditor-Controller AND COUNTY ADMINISTRATOR Redevelopment Agency Contra Costa Centre Association Contra Costa Child Care Council BY 1/.. ?e- dz:e-�� DEPUTY D:1 b\06981ch1dcmit.bas Leisure Sports, Inc., the Developer of the Westin-Club Sport project, has fulfilled the obligation of the Ordinance, and Condition of Approval #3 for LP952099 and DP953089, by agreeing to provide on-site child care for health club and hotel employees, CHILD CARE MITIGATION AGREEMENT Pleasant hill BART Station Area 1.0 Agreement Identification Department: Contra Costa County Community Development Department Subject: Pleasant Hill BART Station Area Child Care Mitigation 2.0. Parties The County of Contra Costa, California(the"County„), and the following named Developer: Developer: Leisure Sports, Inc. Address: 6150 Stoneridge Mall Road Suite 350 Pleasanton, CA 94588 Property APN: 172-020-043 172-020-044 172-020-045 172-020-046 Phone Number: Pat O'Brien (925) 463-0808 hereby agree and promise as follows: 3.0 Recitals WHEREAS, it is a goal of the County to assist and encourage the development of adequate, affordable and duality child care, and to maximize parental choice for child care options in the community; and WHEREAS, the County, by Resolution No. 86/623, adopted a child care component of the Community Facilities Element of the County General Plan; and WHEREAS, the County, by Resolution No. 91/68, adopted a comprehensive update to the County General Plan, including a Public Facilities/Services Element with a child care component; and '7 WHEREAS, the County, by Ordinance No. 88-1, approved by the Board of Supervisors on January 26, 1988, enacted a child care facilities ordinance (chapter 82-22 to the County Ordinance Code); and WHEREAS, Section 82-22.806 of the County Ordinance 'Code requires that developers of Projects (as defined in Section 82-22.406) prepare and submit a child care survey, that includes a needs assessment and response plan; and WHEREAS, the Developer submitted, and the County approved Land Use Permit - 952099 and Development Plan 953089 (hereinafter referred to as "Entitlements"), which required the Developer to enter into a Child Care Mitigation Agreement with the County: and WHEREAS, the Developer submitted a child care needs assessment as required by Section 82-22.806; and WHEREAS, the Developer submitted a response plan as required by Section 82- 22.806 in transmittals dated April 22, 1998, April 27, 1998 and June 18, 1998; and WHEREAS, the Director of Community Development (the "Director") has determined that the needs assessment and response plan is adequate. 4.0 Effective Date The effective date of this agreement is July 14, 1998. 5.0 Child Care Mitigation Program The Child Care Mitigation Program consists of the program attached hereto as Exhibit B. Said Program, and this Agreement, satisfies the Developer obligation contained in Condition of Approval #3 for the Entitlements. 6.0 Indemnification Developer shall defend, indemnify, save, protect, and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages, injury, or death arising directly or indirectly from or connected with this agreement, including, but not limited to, claims arising from or connected with the Developer's implementation and management of the services provided hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County, and will make good to and reimburse the County for any expenditures, including reasonableattorneys fees the County may make by reason of such matters and, if requested by the County, will defend any such suits at the sole cost and expense of the Developer. 7.0 Breach In the event the Developer or the county fails to perform any of its obligations hereunder, or otherwise breaches this Agreement, the County shall have the right to pursue all remedies provided by law or equity. 8.0 Heirs, Successors and Assigns This Agreement shall inure to the benefit of and bind the heirs, successors, executers, personal representatives, and assigns of the parties hereto. 9.0 Assignment This Agreement shall be recorded with the Contra Costa County Recorder within 15 days of execution, and the burdens and benefits thereof shall run with the land. Assignment of the Developer of his obligations under this Agreement, provided written notice of the Assignment is provided to the County within 15 days following transfer of the property. 10.0 Signatures These signatures attest the parties Agreement hereto: COUNTY OF CONTRA NTRA COSTA,CAL IMMA 4y: � By: Chair,Bo d of Supervi rs Capacity) Steve Gilmour 2> _z sident ATTEST: Phil Batchelor County Clerk of the Board (Designate Of2i tal Capacity) Patrick. J. O'Brien of Supervisors and County Ad inistrator Chief Financial Officer By; 0J Note to Contractor: Deputy (1)If a corporation,designate official Capacity in business,execute Recomrnct ded by Departtn Acknowledgment#from and affix Corporation seal. By; 3needy,Deputy ector-Redevelopment t i Fon e unset By: D:Ajb\sursprt.ccm EXHIBIT A PROJECT DESCRIPTION Project Description: A 69,000 square foot health club (Club Sport), and a 123,300 square foot, 175 roam hotel(Westin Hotel), with a 10,000 square foot restaurant. EXHIBIT B Westin ClubSport Child Care- Facility and Program Description The child care facility will encompass approximately 6,000 square feet of indoor area and 2,500 square feet of outdoor area for children ages 6 weeks through 12 years of age. The facilities for infants through 6 years of age will include napping areas, toddler areas, arts/crafts areas, snack/eating areas, play areas(both indoor and outdoor)and restroom facilities. The facilities for children ages 7 through 12 will include a junior activity area with games and equipment, a study room, a birthday party room, a TV/movie room, a studio for class instruction, and restroom facilities. The approximate hours of operation will be.Monday through Friday from 8:00am to 9:00pm, and on weekends from 9:00am to 6:00pm. All employees are entitled to use the child care facility during their hours of work or while they are working out in the club. Complimentary programs and activities are provided on a daily basis including story time, circle time, arts& crafts activities, dramatic play activities, basic motor development activities,Kirk in Motion classes, and special holiday events. Additional programs are offered at a fee including KidsCamp, sport camps, dance, gymnastics, martial arts, swim lessons, and birthday parties. 3 Contra TO: BOARD OF SUPERVISORS '^ Costa FROM: Dennis M. Barry,AICP ounty Community Development Director DATE: July 14, 1958 SUBJECT: Child Care Mitigation Agreement-Westin-Club Sport(Pleasant Hill BART Station Area) SPECIFIC REQUEST(S)OR RECOMMENDATIONS(S)&BACKGROUND AND JUSTIFICATION REC MMEND TIONS APPROVE and AUTHORIZE the Chair and the Deputy Director - Redevelopment or his designee to execute Child Care Mitigation Agreements with Leisure Sports, Inc. FISCAL IMPACT None. BAQKGRQUNDIREASONS FOR RECOMMENDATIONS In 1986 the Board of Supervisors adopted a child care component of the Community Facilities Element of the County General Plan(Resolution 861623). In 1988 the Board of Supervisors enacted a Child Care Facilities Ordinance (Ordinance 88-1 adding chapter 82-22 to the County Ordinance Code). The Child Care Ordinance requires developers of projects to prepare and submit to the County a child care survey, including a needs assessment and response plan. CONTINUED ON ATTACHMENT: ,X,_ YES SIGNATURE: caE,lp �, RECOMMENDATION OF COUNTY ADMINISTRATOR _TRECOMMENIMTIONOFB&RD COMMITTEE -APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON_ J&14, 1998 APPROVED AS RECOMMENDED X_OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS(ABSENT - ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Source: Jim Kennedy 335-1255 cc: Community Development ATTESTED County Administrator PHIL BATGHELO LERK OF County Counsel THE BOARD OF SUPERVISORS Auditor-Controller AND COUNTY ADMINISTRATOR Redevelopment Agency Contra Costa Centre Association Contra Costa Child Care Council BY_ ( a �i9'2 ?21 DEPUTY D jbtasss\ch1dcmat.bos r: Leisure Sports, Inc., the Developer of the Westin-Club Sport project, has fulfilled the obligation of the Ordinance, and Condition of Approval#3 for LP952099 and DP953089, by agreeing to provide on-site child care for health club and hotel employees.