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HomeMy WebLinkAboutMINUTES - 04271999 - C6 �8 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR HATE: April 27, 1999 SUBJECT: NORTH BROADWAY AREA REVITALIZATION PROJECT- BAY POINT AREA, Project No.: 0662-684136 Task: ACQ Account No: 3540 SPEC#FEC REQUEST($)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE "Agreement, Release and Right of Entry" between Contra Costa County, Contra Costa County Redevelopment Agency, and Andy and Monique Bickham. B. AUTHORIZE Board Chair to execute said Agreement on behalf of the County and the Redevelopment Agency. Continuod on Attachment:— SIGNATURE: ` RECOMMEND TION OF COUNTY XMINITATM RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURE(S): A TION OF OWN 5N MpriT 2 7, x OTHE VOTE OF SUPERVISORS X UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN. 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. ATTESTED: April 27, 1999 NW:eh PHIL BATCHELOR, Clerk of the Board of G:tGrpData\RealProp\1999-Eiieslbobri427Blckham.doe Supe ors County ministrator Orig. Civ: Public Works(R/P) £ s Contact: Nancy Wenninger(313-2227) By O Deputy cc: County Administrator Auditor-Controller(via R/P) P.W.Accounting Recorder(via R/P) North Broadway Area Revitalization Project- Bay Point Area, April 27, 1999 Page 2 1. Recommended Action: (Continued) C. APPROVE payment for said rights and AUTHORIZE the Auditor/Controller to issue a check for $1,500.00 payable to Andy and Monique Bickham, 122 N. Broadway Avenue, Bay Point, CA 94565, to be forwarded to the Real Property Division for delivery If. Financl4lj�actp Payment of$1,500.00 from Contra Costa County Redevelopment Agency funds. Ill. Reasons for Recommendations and BaStqLound: The North Broadway Area Revitalization Project includes the widening of the roadway, construction of curbs, gutters and sidewalks, and improvement of the existing storm drain system along Solano Avenue in Bay Point. Property surveys have revealed that a mobile home and other personal property located in Bob's Trailer Park Space #10 encroach approximately 31/2 feet into the County's road right of way. This encroachment is blocking construction of the planned road improvements. In addition, there are several code violations which threaten public health and safety. The County has notified the homeowners, Andy and Monique Bickham, of their legal responsibility to remove the encroachment; they claim that they are unable to do so. In order to expedite the project, the County has agreed to pay Mr. and Mrs. Bickham $1,500 to vacate the premises by May 15, 1999, so that the encroachment can be removed. IV. Consequences of Negative Action: The County will be unable to construct the improvements according to the approved plans and specifications. AGREEMENT, RELEASE AND RIGHT OF ENTRY BETWEEN CONTRA COSTA COUNTY CONTRA COSTA COUNTY REDEVELOPMENT AGENCY AND ANDY AND MONIQUE BICKHAM [REMOVAL OF ENCROACHMENT FROM SOLANO AVENUE-NORTH BROADWAY REVITALIZATION PROJECT) This AGREEMENT AND RELEASE ("Agreement") is made and entered into this day of , 1999, by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"), the CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a public body corporate and politic, existing under the laws of the State of California ("Agency') and Andy and Monique Bickharn ("Homeowners"). RECITALS A. Solano Avenue is a county highway located in the Bay Point area of Contra Costa County. The Homeowners own a mobile home which is situated in Space#10 in Bob's Trailer Park, located at 112 North Broadway and Solano Avenue in Bay Point, California. B. Bob's Trailer Park is located within the Agency's North Broadway Area Revitalization Redevelopment Project Area ("Project Area"). One of the projects included in the redevelopment plan for the Project Area is the construction of roadway improvements along Solano Avenue, Planned improvements within the existing width of the public road right of way of Solano Avenue (identified herein as the "County Road Right of Way") include pavement widening, new drainage facilities, and the installation of curb, gutter and sidewalk (the "Project"). The Agency is providing for the construction of these improvements in cooperation with the County. C. Property surveys have revealed that Bob's Trailer Park Space#10 and the Homeowners' mobile home and other personal property encroach approximately3Y2 feet into the County Road Right of Way on Solano Avenue (collectively referred to hereinafter as the "Encroachment"). This constitutes an encroachment as defined by Streets and Highways Code §1480 and is blocking construction of the planned road improvements. D. The County has identified the location of the County Road Right of Way to the Homeowners and has served on the Homeowners notice of their legal responsibility to remove the Encroachment from the County Road Right of Way pursuant to Streets and 1 Highways Code sections 1480.5, 1481 and 1482 (the "Notice"). As of the date of this Agreement, the Encroachment has not been removed. E. A major redevelopment activity in the Project Area is to improve and upgrade the existing infrastructure. In order to expeditiously accomplish goals of the redevelopment plan, the Agency has agreed to pay the Homeowners One Thousand and Five Hundred Dollars ($1,500.00)as consideration for the following terms and conditions of this Agreement. AGREEMENT I Removal of Encrpachm!gnt, Homeowners admit that they have been served with the Notice, admit the Encroachment, admit that they are obligated to remove the Encroachment but claim that they are not able to remove the Encroachment from the County Road Right of Way. In lieu of removing the Encroachment, Homeowners have elected to vacate and abandon the premises. Homeowners shall vacate the premises no later than 5:00 p.m. on May 15, 1999, which shall include the removal of all of their claimed belongings and possessions therefrom, thereby waiving and abandoning any and all rights and title to the Encroachment, including any contents therein or appurtenances thereof, as of that date. Upon verification of these facts by the Agency, payment of the aforementioned One Thousand and Five Hundred Dollars ($1,500.00)will be made to Homeowners. Homeowners understand and agree that any property left on the premises after May 15, 1999, including but not limited to the Encroachment, shall be demolished or otherwise disposed of by the County. Z Stay of County.Action. In consideration of the releases and agreements contained herein, County agrees to postpone further action to remove, or otherwise dispose of, the Encroachment or to impose penalties or costs on the Homeowner, under Streets and Highways Code section 1480 et seq., until May 15, 1999. 3. Right of Entry and,Permission to--QJspose of Encroachment. Homeowners hereby give permission to County, Agency and their respective agents, employees, consultants, contractors and subcontractors, commencing May 15, 1999, to enter upon Space#10 and to remove, abate, or otherwise dispose of the Encroachment without the necessity of an abatement action. This permission is deemed to be in the form of an irrevocable license which shall not terminate until all encroachments, including but not limited to the Encroachment, have been fully and finally removed from the County Right of Way. 2 4. Acknowledgment of No Relocation or Other Claim. It is agreed and confirmed by the parties hereto that Homeowners are not entitled to nor shall Homeowners claim, any right to compensation for relocation benefits or any other claim to compensation arising out of or connected with the Project or the removal of the Encroachment and agree never to assert such a claim. Homeowners knowingly waive and relinquish any right to relocation assistance, other relocation benefits or other compensation for which they might otherwise have been qualified, including but not limited to all claims for compensation for improvements pertaining to realty, fixtures, equipment, machinery, loss of goodwill, loss of business or other loss, interest, attorneys' fees and costs or damages of every kind and nature and agree never to assert such a claim. 5. Release of County and Agent . In consideration of the agreements contained herein, Homeowners, on behalf of themselves and their successors and assigns, hereby fully, unconditionally and irrevocably release, acquit and discharge the County and the Agency, their respective governing Boards, departments, officers, agents, servants, employees, consultants, contractors, subcontractors and their successors and assigns, from any and every claim, demand, obligation, liability, indebtedness, breach of duty or any relationship, act, omission, defense, action, cause of action, debt, sum of money, account, compensation, contract, controversy, promise, injury, damage, cost, loss and expenses of every type, kind, nature, description or character, and irrespective of how, why or by reason of what facts, whether heretofore or now existing or hereafter arising, or which could, might, or may be claimed to exist, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, claimed or unclaimed, whether based on contract, tort, breach of duty, statute or other legal or equitable or statutory theory of recovery, each as though fully set forth herein at length, which in any way arise out of, are connected with or relate to the removal or disposal of encroachments, including the Encroachment. Homeowners expressly waive all rights provided by section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 3 6. No Third-Partv Beneficiaries. It is not the intention of Homeowners, Agency or County that any person or entity occupy the position of intended third-party beneficiary of the obligations assumed by either party to this Agreement. 7. Representations. Homeowners, County and Agency have entered into this Agreement based solely upon the representations, covenants and warranties contained herein. No party has placed any reliance on any representation not expressed or referred to in this Agreement. 8. Voluntary Execution of Agreement. Homeowners, County and Agency have freely and voluntarily executed this Agreement and are not acting under coercion, duress, menace, economic compulsion, or because of any supposed disparity of bargaining power; rather, Homeowners, County and Agency are freely and voluntarily signing this Agreement for their own benefit. 9, Construction. Homeowners, County and Agency acknowledge that they have read this Agreement or have had it read to them by their counsel, and that they are fully aware of and understand its contents and its legal effect. Accordingly, this Agreement shall not be construed against any party, and the usual rule of construction that an agreement is construed against the party which drafted it shall not apply. 10. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of, Homeowners, County and Agency and their respective successors, assigns and related agencies and entities. 11. California.Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action pertaining to this Agreement shall be Contra Costa County, California. 12. Entire Agreement. This Agreement and the Exhibits attached hereto and incorporated herein by reference contain the entire agreement between Homeowners, County and Agency with respect to the subject matter hereof. There are no representations or promises made to any party hereto concerning the subject matter of this Agreement except as set forth herein. It is expressly understood by each of the parties that this Agreement may not 4 be altered, amended, modified or otherwise changed in any respect whatsoever, except by a writing executed by all parties hereto. 13, Counterparts. This Agreement may be executed in as many counterparts as may be necessary or convenient, and by the different parties hereto on separate counterparts, each of which, when so executed, shall be deemed an original, and all such counterparts shall constitute one and the same instrument. 14. Sevgrability. If any term, condition or provision of this Agreement is declared illegal or invalid for any reason by a court of competent jurisdiction, the remaining terms, conditions and provisions shall nevertheless remain in full force or effect. IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement as of the date first above written. CONTRA COSTA COUNTY CONTRA COSTA COUNTY REDEVELOPMENT AGENCY By .< By /t ,' ' d of Supervisors ' air rd of Supervisors ATTE fi: , .r Phkatcheior HOMEOWNERS Clerk of the Board of Supervisors And County Ad inistrator �', a By__-( s , By r Abv q A Bickham Approved as to form: K , Victor J. Westman County Counsel By Mon'. ue Bickham B�/ r Deputy NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL. BE RECOGNIZED NW Gh G.IGrpData iRea#Prop183-4ENCROACNbickham.doc 5