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HomeMy WebLinkAboutMINUTES - 06062000 - C6-C10 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: June 6, 2000 SUBJECT: Third Amendment to Agreement to Provide Services to the Contra Costa Transportation Authority Work Order No.: 4258 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: APPROVE Third Amendment to Agreement No. 86 to provide right of way services to the Contra Costa Transportation Authority, accepted by their Board on April 20, 2000, for the State Route 4 East/Bailey to Railroad Avenue project and AUTHORIZE the Board Chair to sign the agreements on behalf of the County. II. Financial Impact: Contra Costa Transportation Authority will pay the actual costs for Real Property staff right of way services. Ill. Background and Reasons for Recommendations: Contra Costa Transportation Authority requires a variety of right of way services but has no right of way staff and has contracted with the County for these services. IV. Consequences of Negative Action: The Contra Costa Transportation Authority would not be able to contract for the County's right of ay services. Continued on Attachment: SIGNATURE: 1d _RECOMMENDATION OF COUNTY ADMINI TRAT R ®RECOMMENDATION OF BOARD COMM TE _APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON JUNE 6, 2000 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS _yam UNANIMOUS (ABSENT NODE ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the DLD:csp minutes of the Board of Supervisors on the G:\GrpData\RealProp\2000-Files\BOs&RES\bo20Bailey to Railroad.doc date shown. Orig. Div: Public Works (R/P) ATTESTED:_ JUNE 6, 2000 Contact: Karen A. Laws(313-2228) PHIL BATCHELOR, Clerk of the Board of cc: County Administrator Supervisors and County Administrator Auditor-Controller(via R/P) P. W.Accounting By Deputy ORIGINAL". CONTRA COSTA TRANSPORTATION AUTHORITY THIRD AMENDMENT TO CCTA AGREEMENT NO.86 WITH CONTRA COSTA COUNTY FOR STATE ROUTE 4(EAST) PROJECT RIGHT OF WAY SERVICES April 19,2000 WHEREAS,the Contra Costa Transportation Authority and Contra Costa County Real Property Division ("CONSULTANT")entered into Agreement No. 86 on August 1, 1998;and WHEREAS,the parties entered into Amendment#I on June 16, 1999 to reflect the change in salary rates charged by CONSULTANT; and WHEREAS,the parties entered into Amendment#2 on July 21, 1999 to increase the maximum compensation;and WHEREAS,the parties now wish to further amend the Agreement to increase the maximum compensation; now therefore beit MUTUALLY AGREED: (1) that Article 3 of the agreement is amended to expand"Services by County„to include tasks set forth in the attached letter from Contra Costa Public Works Department dated March 15,2000;and (2) increase the Total Agreement Value by$25,000 for an overall Total Agreement Value of$297,000; and (3) that all other items and conditions of the Agreement shall remain in effect. In witness whereof,the parties hereto have executed this Third Amendment to the Agreement as of the day and year above written. COUNT OFC STA CONTRA COSTA TRANSPORTATION AUTHORITY Chair,Board of S pe isors Millie Greenberg,Chair ATTEST: Phil Batchelor ATTEST. Clerk of the Board of Supervisors and County Administrator �_ �_ _ n B3'' __ Depu I Robe McCle E utive Direc Recommended.to the County Board of Approved as to Form: Supervisors for Approval: Legal Counsel for CCTA By: By: Ynciral Real Property Ag Stanley S. Taylor By: Public Works D Approved as to Form: Victor I Westman,County Counsel oo J.Michael Walford Centra Public Works Department Public Works Director Costa 255 Glacier Drive R.Mitch Avalon County Martinez,CA 94553-4$97 Deputy-Engineering Telephone: (925)313-2000 S.Clifford Hansen FAX: (925) 313-2333 Deputy-Administration Patricia C2,McNamee March 15, 2000 Deputy-Operations Maurice M.Shiu Deputy-Transportation Michael S. Anzia CCTA Project Manager Nolte & Associates 2950 Buskirk Avenue, Suite 225 Walnut Creek, CA 94596 R/P- Route 4 East Project No. 4990-6X4258 Clear Mike: As discussed, please prepare an amendment to our current contract for additional funds in the amount of$25,000. These funds are projected to cover the following additional work items: • $5,000 for completion of the Moles/Maniac condemnations • $5,000 for file close-out • $15,000 for transfer of right of way to the state. If you have any questions or need additional information, please contact me at 313-22.28. Very truly urs, JKareA. Laws wising Real Property Agent KALeh G:iGrpData\RealProp\2000-Files\00-3\An7ja.doc rrt� �F THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Order on June 6, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKENMA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE SUBJECT: Approval of the Second Extension of the Subdivision Agreement, Subdivision 8105,Dougherty Valley area.. The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement between Shapell Industries of Northern California and the County for construction of certain improvements in Subdivision 8105,Dougherty Valley area, through June 9,2001; ♦ APPROXIMATE PERCENTAGE OF WORK.COMPLETE: 76% ♦ ANTICIPATED DATE OF COMPLETION: Summer 2002 ♦ REASON FOR EXTENSION: Home construction is projected to be completed in the summer of 2002. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this is a trite and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: JUNE 6, 2000 PHIL BATCHELOR,Clerk of the Board of Supervisors and :kw County Administrator G:\Grprlata\EngSvc\BO\2000\BO 6-06-00.doc Originator: Public Warks(ES) Contact: Teri Rie (313-2363) By ,,Deputy cc: Public Works-R.Bruno,Construction Current Planning,Community development T—4-9-01 Sam Worden Chris Truebridge Shapell Industries of Northern California 100 North Milpitas Blvd.,Milpitas,CA 95035 American Casualty Company of Redding,Pennsylvania 21650 Oxnard Street,#760,Woodland Mills,CA 91367 6/1 A64 } SUBDIVISION AGREEMENT EXTENSION Contra Costa County Development Number : Subdivision 8105 Developer : Shapell Industries of Northern California Original Agreement Date : June 9, 1998 Second Extension New Termination Date :June 9,20001 Improvement Security Security Tyne Se urfty Amount (X)Cash : $ 10,'900.00(1% cash,$1,000 Min.) (X)Bond : $1,078,500.00(Performance) : $544,700.00(Labor&Material) Bond No.(Date) : 158945652 (April 27, 1998) Surety : American Casualty Company of Redding,Pennsylvania The Developer and the Surety(or Financial Institution)desire this Subdivision Agreement to be extended through the above date, and Contra Costa /Lgno County and said Surety(or Financial Institution)hereby agree thereto and acknowledge same. Dated:_ 6! Dated: May 12, 2000 FOR CONTRA COSTA COUMSD' Maurice M. Shiu,Public Wor ' �- Developer'signa s$y' WDaniel W. Hancock Mark Westphal Printed Shapell Industries Inc. RECOM ?ngZineering ROYAL: 100 N. Milpitas Blvd. . Milpitas, CA 95035 By: Address Services Division) American Casualty Carse of Rea , PagMylvar Surety or Financial Institution d Street #600, Woodland Hills, CA (NOTE.- Developer's, Surety's and Financia Address 91337 Institution's Signatures must be NotarizeiL) Illy jC r ..- FORM APPROVED: Victor I Westman,County Counsel Attorney in Facts Signature Pamela L. Stocks Printed ,kw \\PWS4LSHARDATA\Grpl)at&\EngSveUohn\20001April\SUB 8105.doc After Approval Return to Clerk of the hoard State of CALIFORNIA County of LOS ANGELES On May 10, 2000 before me, Sandy Hanner - Notary Public Dat& NAME, TITLE OF OFFICER.,"JANE DOE, NOTARY PUBLIC- personally appeared Pamela L. Stacks NAME($)OF SIGNER(S) {x) personalty known to me-OR - (.�...) proved to me on the basis of satisfactory evidence to be the person([) whose name(*Is/xm*ubscdbed to the within instrument and acknowledged to me that Wshe&" executed the same in bdr/her/lbiltauthorized capacity , and that by 1 IWheri4" signature(s) on the instrument the person(S), or the entity upon behalf of which the person(so anted, executed the Instrument. .rNOW SANDY HANN91 WITNES. my hand and official seal. C XMISSIM#t IBMLos Angeles County .-� my comm. J:02.2= S!{t URE©P NOTARY OPTIONAL Though the data below is not required by taw, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SINNER DESCRIPTION OF ATTACHED DOCUMENT (�..� INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) (__} LIMITED GENERAL { } ATTORNEY-IN-FACT NUMBER OF PANES (...�.} TRUSTEE{S} (._..} GUARDIAN/CONSERVATOR (�....) OTHER DATE OF DOCUMENT SIGNER 18 REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Casualty Company of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE G.ta's�s•s POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety Companies'),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seats herein affixed hereby make,constitute and appoint Pamela L. Stocks Individual) of Sherman Oaks Cafifomia their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behaff bonds, undertakings and other obligatory instrumeft of similar nature .In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attcfiney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their group Vice President and their corporate*"Is to be hereto affixed on this 23rd day of February199+3 CONTINENTAL CASUALTY COMPANY � ivR0AMERICAN NATIONAL FIRE INSURANCE COMPANY OF HARTFORD t000(' CASUALTY COMPANY OF READING,PENNSYLVANIA BEAL t 1#s7 Marvin J.Cashion Group Vice President State of Illinois, County of Cook,as: On this 23rd day of_ Februaq , 1999 ,before me personally came Marvin J.Cashman,to me known,who,being by me duly swam,did depose and say;that he resides in the City of Chicago,State of Illinois,that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument,that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authortty,and acknowledges same to be the act and deed of said corporations. t1pTAR'Y° My Commission Expires March 6,20001 Mary Jo Abel Notary Public CERTIFICATE I,Mary A.Ribikewskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the awls of the said corporations t°fis 10th day of May 2000 CONTINENTAL CASUALTY COMPANY dna` NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA a Mary A Ribikawsfxis (Rev.1011197) Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara Ata 12 2000 On � � before me, .Linda A. Fluken, Notary Public , 1, Date Nona"TW*of officer(e.g.,'Jane Doe,Notary Public"} personally appeared Daniel W. Hancock and Mark Westphal. , Name(u)of 50008) :91 personally known to me–OR--❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by uNDA A.FWKEN his/her/their signature(s)on the instrument the person(s), Ctx"11111on# I I55" 1 or the entity upon behalf of which the person(s) acted, Se"a COD Cwrtr executed the instrument. AAS��0#cl2&.3i1 WITNESS my hand and official seal. c Signatur of Notary ublic OPTIONA1 Though the information below is not required by law, It may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this forth to another document. Description of Attached Document : I Title or Type of Document: i Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) r Signer's Name: Signer's Name: ) ri Individual ❑ Individual 4N Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑General 0 Partner•--❑ Limited ❑ General ' ❑ Attomey-in-Pact ❑ Attomey-in-Fact ❑ Trustee „R ❑ Trustee Guardian or Conservator e ❑ Guardian or Conservator Other: Tap of thumb here ❑ Other: Top of thumb here t i Signer Is Representing: Signer Is Representing: O 1005 Natlonat Notary Association-8236 RemrW Ave.,P.D.Box 7184•Canoga Park,CA 913WO.7184 Prod.No.$007 Reorder:Call Toll-Fret 1400-876.6827 IIII!!III!!III!!II IlII!I I INI !!I!! Recorded at the request of* CONTRA I IIII!III!!I!I Contra Costa County CONTRANL.COSTA Co Reorder Office Ene Serblic Works vices tsion i> IR, Clerk Recorder Return to: [SCC— 2000-01167661-00 Public works Departrnent W, JUN 07, 2000 09:!52;32 Engineering services Division FRrL $0.00 Ttl Pd $0,00 Nbr=0000000782 Ire/Re/1-7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this resolution on June 6, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UIUEMA, DESAULNIER, CMCI MILLA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2000/281 SUBJECT: Accept Completion of Improvements in Soundwall Construction Agreement for Subdivision 7796,Dougherty Valley area. The Public Works Director having notified this Board that the improvements in Subdivision 7796 have been completed as provided in the Soundwall Construction Agreement with Shapell Industries of Northern California heretofore approved by this Board in conjunction with the.tiling of the Subdivision Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of June 6, 2000 thereby establishing the six-month terminal period for the filing of liens in case of action under said Soundwall Construction Agreement: DATE OF AC.LREEhOM SURETY October 14, 1997 American Casualty Company of Reading, Pennsylvania BE IT FURTHER.RESOLVED the payment (labor and materials) surety for $ 71,500.00, Bond No. 158540102 issued by American Casualty Company of Reading, Pennsylvania, be RETAINED for the six month lien guarantee period until December 6, 2000, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. SUBJECT: Accept Completion of Improvements in Soundwall Construction Agreement for Subdivision 7796,Dougherty Valley area. BATE: June 6, 20001 PAGE: 2 BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the $1,430.001 cash security for performance (Auditor's Deposit Permit No. 297178, dated June 19, 1997) plus interest in accordance with Government Code Section 53079, if appropriate, to Shapell Industries of Northern California pursuant to the requirements of the Ordinance Code. BE IT FURTHER RESOLVED that the performance surety for $141,570.00, Bond No. 158540102 issued by American Casualty Company of Reading,Pennsylvania is exonerated. 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: ,JUNE 6, 2000 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator RL:7C:kw Gr:\GrpData\EngSv6BO\2000\BO 6-06-00.doc By Deputy Orlginator: Public Works(ES) Contact: Teri Ric(313-2363) cc: Public Works -Accounting,Federal Tax I.D.No 952578030 -R.Bruno,Construction •T—12-6-2000 Recorder(via Clerk),then Records Section Sate Worden Chris Truebridge Shapell Industries of Northern California 100 North Milpitas Blvd.,Milpitas,CA 95035 Current Planning,Community Development American Casualty Company of Reading,Pennsylvania 21800 Oxnard Street,9 Floor,Woodland Hills,CA 91367 Recorded at the request of: Contra Costa County Public works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA. Adopted this Order on June 6,2040 by the following vote: AYES: SUPERVISORS GIOIA, UILKEm, DESAul.NIER, wcImmu AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE SUBJECT: Approving Deferred Right of Way Dedication Agreement along;Market Avenue for LP982418, (APN 409-131-419),North Richmond area. The Public Works Director has recommended that he be authorized to execute a Deferred Fight of Way Dedication Agreement with Mark R. Howe and Susan P. Howe, as required by the Conditions of Approval for Land Use Permit 982018. This agreement would permit the deferment of an offer of dedication for roadway purposes along Market Avenue, which is located in the North Richmond area. 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 entered on the minutes of the Board of Supervisors on the date shown. :kw G:\(hpData\EngSvc\BO\2000\B0 6-06-00Aoc ATMTED. JUS 63 2000 Originator: Public works(ES) PHIL BATC11ELOR,Clerk of the Board of Supervisors and County Administrator Contain: Rich Lierly(313-2348) cc: Recorder(via Clerk)then PW Records By Deputy Current Planning,Community Development Mark R.and Susan P.Howe 801 Chesley Avnue,Richmond,CA 44801-2135 Recorded at the request of: Contra Costa County Engine Works Department Engineering Services Division +r IINIIIIIII�II111IIf111 4�T� to COSTA C� Recorder Office Return to: � r ii UEIR, Clerk-Recorder Public Warks Department +��� L Engineering Services Division DOC— �80 V Records Section y�l b 76`ice Rae JUN 07, 2000 09:5-2:38 ! '� Area:North Riegnrorrd Road:Market Avenue Tt 1 Pd $0.00 Co.Road No:0562 Nbr'0000000753 Ira/49/1-8 Permit.LP 2018-98 APN:409-131-019 DEFEI?ED RIGHT OF WAY 1 ED CARO�AGREEME T (Permit: LP 2018-98) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY— 0 : (See note below.) J. Mictinef Public Works Director Mark PL Howe and Susan P.Howe, Husband and wife,as Joint Tenants BY: CAI (Sips=) - \��l Lci— \ L Mark R. Howe REG R APPRQ-Y.6L: By ALL nes Division Susan P. Howe (NOTE: This document is to be acknowledged with signatures as they appear on deed of title. If Owner is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) (See attached notary.) I. PA&D8S. Effective on the County of Contra Costa,hereinafter referred to as "County,"and Martz R.&Susan P.Howe,hereinafter referred to as"Owner,"mutually agree and promise as follows: 2. DQE. Pursuant to Section 36 of the"Findings and Conditions of Approval for Land Use Permit 2018-98,"Owner desires to develop the property described in Exhibit A attached hereto and incorporated herein and wishes to defer dedication of right of way,and County agrees to such deferment if Owner dedicates right of way as herein promised. 3. AQ.,EIi E9MQBINDIN t ON UCCESS&„^IN MOIREST. This agreement is an instrument affecting the title or possession of the real property described in Exhibit'A.' All the teams,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 contracted with such city originally. Any annexing city shall have all rights of a third party beneficiary. (I of 5) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State ofJ.1A_.JA OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On + T p before me, - " Pki/ Though statute does not require the Notary to till OA E NAME,TITLE OtOFFICER E.O.,-JANE DOE,NOTARY PUBLIC- In the data below,doing so may prove Invaluable t to persons relying on the document. personally appeared Maf-i_ ( iJG j mat{SCtYS 10, - tl "- - NA S)OF SIGNERS) INDIVIDUAL personalty known to me-OR-V✓,rpmo ided to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(s) subscribed to the within instrument and _ acknowledged to me that he/she/they executed PARTNER(S) LIMITED the same in his/her/their authorized GENERAL P. GARCIA-VAZQUEZ capacity(ies),and that by his/her/their ATTORNEY-IN-FACT CommissionN 12424+54 signature(s)on the instrument the person(s)orTRUSTEE(S) Nottlry PUt111C-Califorrda the entity upon behalf of which the person(s) GUARDIAN/CONSERVATOR Contra Costa County acted,executed the instrument. OTHER. %WCaMm.8#wNov22.2003 I-, hand and a Icial seal, SIGNER IS REPRESENTING: I NAME OF PERSONS)OR ENTITY(IES)1 NATURE OF N T OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signers)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNA -The name and interest of the signer should be typed or printed the signature. The name must be signed exactly as It is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III, 51JIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign tor and binde partnership. IV. Documents should a signed by two Officers,one from each of the following two groups: GROUP 1. air of the Board Na((b The President c Any Vice-President GROUP 2. NC The Secretary An Assistant Secretary The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question i$required. A currently valid power of attorney,notarized,will suffice Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:mw Rev.May 3.1999 (Permit: LP 2018-98) (1) When delivered by first class mail,postage prepaid,notice shall be deemed delivered three(3)business days after deposit in the United States mail. (2) When mailed by certified mail with return receipt requested,notice is effective on receipt if delivery is confirmed by a return receipt. (3) When delivered by overnight delivery by a nationally recognized overnight courier,notice shall be deemed delivered one (1)business day after deposit with that courier. (4) When personally delivered to the recipient,notice shall be deemed delivered on the date personally delivered. B. The place for delivery of all notices given under this agreement shall be as follows: Owner: Mark R.&Susan P.Bowe 801 Chesley Avenue Richmond,CA 94801-2135 County: Contra Costa County Public Works Department Engineering Services Division 255 Glacier Drive Martinez,CA 94553 or to such other addresses as Owner and County respectively may designate by written notice to the other. 13. REMEDIES. Should Owner violate any of the provisions hereof,County shall be entitled to all rights and remedies available at law or equity. In addition,County shall be entitled to an award of all expenses incurred by County in pursuing such violation(s),including without limitation,attorney's fees,costs of suit,and other litigation expenses. 14. YNU. This agreement shall be governed and construed in accordance with California law. Notwithstanding any statutory provision to the contrary,the venue for any legal action pertaining to this agreement shall be the Superior Court,Contra Costa County,California. 15. SEVRABILff-Y. In the event that any provision of this agreement is held to be invalid by any court of competent jurisdiction,the invalidity of any such provision shall not materially prejudice County in its rights and obligations contained in the valid provisions of this agreement. 16. SURVIVAL. All of the terms,provisions,representations,warranties,and covenants of the parties under this agreement shall survive the offer of dedication,shall be fully enforceable after the offer of dedication in accordance with their terms,and shall not merge in the offer of dedication or other documents used to transfer the subject right of way to County. 17. ENEM AGREEM . This agreement contains the entire agreement between the parties respecting the matters set forth and expressly supercedes all previous or contemporaneous agreements,understandings,representations,or statements between the parties respecting those matters and can be amended only in writing by the parties to this agreement. terjhan v G:\rjrpDst&\En&SvcUorgeV 9"\Decembct\DRVIDA2.doe (3 of 5) Land Use Permit 2018-98 EXHIBIT"A„ All that real property situated in the County of Contra Costa., State of California,described as follows: A portion of lot 1,Map of Loomis Subdivision, filled October 16, 1899,map book C,page 46, Contra Costa County records, described as follows: Beginning on the west lune of said lotl at the south line of Market Avenue,formerly Belmont Avenue,being the south line of the parcel of land described in the deed to W.B. Hellings,recorded September 2, 1910,book 154 of deeds,page 567;thence from said point of beginning south 0° 15' east, along said west line, to the south line of said lotl; thence east, along said south line, 238 feet to the east line of the 30 feet in width strip of land designated as "road" on said map of Loomis Subdivision;thence north 17° 15' east, along said east line,to the south line of said.Market Avenue; thence westerly, along said south line,being along the south line of said Hellings parcel to the point of beginning. lxan:mw 0:%GrpData\EngSvc\JoW\1999\Dw mber lDRWDA2.dw (4 of) Permit: LP 2018-98 EXHIBIT B RIGHT OF WAY Right of way dedication required by Contra Costa County Community Development Department and the County Ordinance Code as a condition of approval for the above-referenced development, located along Market Avenue for the parcel described in Exhibit A: 1 The right of way necessary for the planned future width of 25.2 meters ($4-feet) along the frontage of Market Avenue. 2 The right of way necessary to contain for 6.0-meter radius curb returns with sidewalk and Caltrans Case E pedestrian ramps at all intersections along Market Avenue. DEDICATION Plat maps and descriptions shall be submitted to the Public Works Department,Engineering Services Division, for review, along with review and processing fees. The dedication of the above right of way shall begin as outlined in Item 4B of the agreement or when either of the following occurs: 1. Market Avenue is constructed to its ultimate planned width by the County or by an assessment district. 2. Frontage improvements are constructed adjacent to the subject property. ,-b:mW 0:\GrryDatalRnSSvcUorge11999\Dce nbetlDRWDA2.doc (5 of 5) 4.*fG�I Recorded at the request of- Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Carder on June 6, 2000 by the following vote: AWES: SUPERVISORS NOTA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE SUBJECT: Approving Deferred Right of Way Dedication Agreement along Market Avenue for LP982018, (APN 409-131-002),North Richmond area. The Public Works Director has recommended that he be authorized to execute a Deferred Right of Way Dedication Agreement with Mark R. Howe and Susan P. Howe, as required by the Conditions of Approval for Land Use Permit 982018. This agreement would permit the deferment of an offer of dedication for roadway purposes along Market Avenue,which is located in the North Richmond area. 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 entered on the minutes of the Board of supervisors on the date shown. :kw G:LrrpDatatEngsvc\Bo\2000lBo 6-46-00.doc ATTESTED: .DUNE 6,_2000 originator- Public Works(ES) PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator Contact: Rich Lierly(313-2348) CC. Recorder(via Clerk)then PW Records By Deputy Current Planning,Community Development Mark R.and Susan P.Howe 801 Chesley Avnue,Richmond,CA 94801-2135 z-v Recorded County tsttrequestof: Contra Costa County I11111111111111111111111111111111111111 Public Works Department CONTRA COSTA Cc Recorder Office Engineering Services Division STEPHEN L. WEIR Clerk-Recorder Return to: DOC— 200b-0116770-00 Public Works Department Engineering services Division f�, ,11,M 07, 213910 09:52:49 Records Section FRE $0.00 Area:North Richmond Tt 1 Rd $0.00 Nbr-00000015760 1rclRSiti..6 Road:Market Avenue Co.Road No:0562 Permit:LP 2018-98 APN:409-131-002 DEFERDEFERM RIHT QE 3YAv DEDIraMN AQU M NT (Permit: LP 2018-98) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: QQh9_E_A-00S1A COUNTY QW1- (See note below,) d, Public Works Director Mark R. Howe and Susan P. Howe, gl,el* ' r!� Husband and wife, as Joint Tenants By: Mark R. Howe RECOMMEND i APPROVAL: By: 'n ng s s . .sion Susan P.Howe (NOTE: This document is to be acknowledged with signatures as they appear on deed of title. if Owner is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) (See attached notary.) / 1. ES. Effective on + g _, +��. ____ the County of Contra Costa,hereinafter referred to as "County,"and Mark R.&Susan P.Howe,hereinafter referred to as"Owner,"mutually agree and promise as follows: 2. PURPOSE. Pursuant to Section 36 of the"Findings and Conditions of Approval for Land Use Permit 2018-98;owner desires to develop the property described in Exhibit A attached hereto and incorporated herein and wishes to defer dedication of right of way,and County agrees to such deferment if owner dedicates right of way as herein promised. 3. A •1G Eb+MOT BRMING ON SLi CESSQ ,S 11.1 UZM ST. 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 contracted with such city originally. Any annexing city shall have all rights of a third party beneficiary. (1 of 5) CALIFORNIA ALL.-PURPOSE ACKNOWLEDGEMENT Static of OPTIONAL SECTION county of t' t rC./ A CAPACITY CLAIMED BY SIGNER On XIwd before me, '� Though statute does not require the Notary to fill in ry NAME TME OF OFVCFR S.G.,XANE D0r,Nor Y PUBU the data below,doing so may prove Invaluable to persona11 a ared ML_kr k persons relying on the document. Y Ppe NAME(S)OF SIONMS) 0 INDIVIDUAL 0 personally known to me-OR- provided to me on the basis of satisfactory evidence to C CORPORATE OFFICER(S) be the person(s)whose name(s)is/an m (s) subscribed to the within instrument and acknowledged to me that he/she/they executed p PARTNER(S) 0 LIMITED �— � the same in his/her/their authorized C GENERAL P. GARC Il►-1- "1EZ capacity(ies),and that by histher/their D ATTORNEY-IN-FACT signature(s)on the instrument the person(s)or 0 TRUSTEE(S) Commission#1242964 the entity upon behalf of which the person(s) ® GUARDIAN/CONSERVATOR Notary 1'tibk•Coilfcxnk:t acted,a uteri the instrument. [I OTHER: Contac Costo County my hand official seal, MyComm.6q wNCyv22, SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR VMTY(IBS)) SIGNATURE Y OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required bylaw,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form JESTRUMICINS TQ NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FQR ALL -The name and interest of the signer should be typed or printed BMMA]M the signature. The name must be signed exactly as it is typed or printed. U. SIUNAUM5 FO& TVIDUALS 4 The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. M. S - Signing party must be either a general partner or be authorized in writing to have e authority to sign for and binde partnership. IV. Documents should a signs y twoo kers,one from each of the following two groups: GROUP 1. Hb The Chair of the Board The President Any'Vice-President GROUP 2. Nc The Secretary An Assistant Secretary The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JQMW Ct KirP�tsu s,c1Pom�1w4RiI FORr+4StA1X Pi7RPOS$NGrXRY.*x ate.t.Ly s,ts� (Permit: LP 2018-98) (1) When delivered by first class mail,postage prepaid,notice shall be deemed delivered three(3)business days after deposit in the United States mail. (2) When mailed by certified mail with return receipt requested,notice is effective on receipt if delivery is confirmed by a return receipt. (3) When delivered by overnight delivery by a nationally recognized overnight courier,notice shall be deemed delivered one (1)business day after deposit with that courier. (4) When personally delivered to the recipient,notice shall be deemed delivered on the date personally delivered. B. The place for delivery of all notices given under this agreement shall be as follows: Owner: Mark R.&Susan P.Howe 801 Chesley Avenue Richmond,CA 94801-2135 County: Contra Costa County Public Works Department Engineering Services Division 255 Glacier Drive Martinez,CA 94553 or to such other addresses as Owner and County respectively may designate by written notice to the other. 13. REMEDIES. Should Owner violate any of the provisions hereof,County shall be entitled to all rights and remedies available at law or equity. In addition,County shall be entitled to an award of all expenses incur;ed by County in pursuing such violation(s),including without limitation,attorney's fees,costs of suit,and other litigation expenses. 14. YF, 1,.rEN . This agreement shall be governed and construed in accordance with California law. Notwithstanding any statutory provision to the contrary,the venue for any legal action pertaining to this agreement shall be the Superior Court,Contra Costa County,California. 15. SLURaIL1U. In the event that any provision of this agreement is held to be invalid by any court of competent jurisdiction,the invalidity of any such provision shall not materially prejudice County in its rights and obligations contained in the valid provisions of this agreement. 16. SURVLVA_L. All of the tetras,provisions,representations,warranties,and covenants of the parties under this agreement shall survive the offer of dedication,shall be fully enforceable after the offer of dedication in accordance with their terms,and shall not merge in the offer of dedication or other documents used to transfer the subject right of way to County. 17. EKIU AQREEM . This agreement contains the entire agreement between the parties respecting the matters set forth and expressly superceedes all previous or contemporaneous agreements,understandings,representations,or statements between the parties respecting those matters and can be amended only in writing by the parties to this agreement. IH jb:mw G:\GrpData\EngSvcUorge\r M\Dscember\DRWDAt.doc December 7,1999 (3 of 5) Land Use Permit 2018-98 EXHIBIT"A" All that real property situated in the County of Contra Costa, State of California, described as follows: A portion of lot 194, as designated on the map entitled "Map of the San Pablo Rancho, accompanying and forming a part of the final report of the referees in partition,"which map was filed in the office of the recorder of the County of Contra Costa, State of California, on March 1, 1894, described as follows: Beginning at the southwest corner of lot 184, above referred to; thence from said point of beginning east along the south line of said lot 194, 190.08 feet to the west line of the Southern Pacific railroad Company's lot"E,"as designated on the above mentioned map;thence north 31/4' east along said west line, 275 feet to the south line of Belmont Avenue, formerly Road 16: thence westerly along the south line of Belmont Avenue, 120 feet to the west line of lot 194;thence south 171/40 west along said last line, 300 feet,more or less,to the point of beginning. JH:jh:mw 0.\GrpData\En$SvcVmgei1999Tec=beDRWDA i.doe (4 of$) l '6'— c � s Permit: LP 2028-98 EXHIBIT"B RIGHT OF WAY Right of way dedication required by Contra Costa County Community Development Department and.the County Ordinance Code as a condition of approval for the above-referenced development, located along Market Avenue for the parcel described in Exhibit A: 1 The right of way necessary for the planned future width of 25.2 meters{84-feet} along the frontage of Market Avenue. 2 The right of way necessary to contain for 6.0-meter radius curb returns with sidewalk and Caltrans Case E pedestrian ramps at all intersections along Market Avenue. DEDICATION Plat maps and descriptions shall be submitted to the Public Works Department,Engineering Services Division, for review, along with review and processing fees. The dedication of the above right of way shall begin as outlined in Item 4B of the agreement or when either of the following occurs: 1. Market Avenue is constructed to its ultimate planned width by the County or by an assessment district. 2. Frontage improvements are constructed adjacent to the subject property. M jb:mw G:K9rpDstelRngSvcVorge11999\December1DRW DA l.doe (S of 5)