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HomeMy WebLinkAboutMINUTES - 03132001 - D.2 r TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP �'`' ;'z Costa COMMUNITY DEVELOPMENT DIRECTOR '`' County COW DATE: MARCH 13, 2001 SUBJECT: AUTHORIZE THE DIRECTOR OF COMMUNITY DEVELOPMENT DEPARTMENT TO EXECUTE A MODIFICATION TO THE AGREEMENT TO PROVIDE FIRE STATION FOR DISCOVERY BAY WEST PROJECT (COUNTY FILE#SD917686) IN THE EAST COUNTY AREA OF THE COUNTY. SPECIFIC REQUEST(S).OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS AUTHORIZE the Director of Community Development Department to execute the . requested modification to the fire station agreement consistent with the recommendations of the Town of Discovery Bay and the East Diablo Fire Protection District. CONTINUED ON ATTACHMENT: X YES SIGNATURE �Ja RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON March 13, 2001 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND XX UNANIMOUS (ABSENT -- ) CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED. ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Aruna Bhat(925)335-1219 ATTESTED March 13, 2001 JOHN SWEETEN, CLERK OF THE BOARD OF cc: County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Town of Discovery Bay Public Works Department Hofmann Company East Diablo Fire Protection District Deputy Clerk Date MARCH 13, 2000 Board of Supervisors File# SD917686 Page 2 FISCAL IMPACT None. The applicant is responsible for all staff time and material charges for the review of the agreement. BACKGROUND The County approved the Discovery Bay West project in 1994 for the development of 1,759 residential units. On December 5, 1997, the final development plan (County File#DP913025) and Vesting Tentative Map (County File#SD917686)was amended for the project. Condition of approval #34 requires the developer to "negotiate to design, construct and equip a fire station for service to the project area as required by the East Diablo Fire District or its representatives. The Board of Supervisors approved the Fire Station Agreement on March 7, 2000 prior to recordation of the first map for the Discovery Bay West project as required by the conditions of approval for the project. The agreement approved by the Board requires the developer to commence construction of the fire station prior to issuance of the 117th building permit for the project. The developer is now requesting an amendment to that agreement to commence construction of the fire station prior to issuance of the 2001h building permit. DISCUSSION The East Diablo Fire. District is requesting a relocation of the fire station site due to it being adjacent to the school, length of response corridors, vehicle and pedestrian traffic and other site-specific problems. The Fire Station was to be constructed within Village I adjacent to the proposed elementary school. The new fire station is proposed to be relocated to an area near the intersection of Bixler Road and Point of Timber Road. This new proposed site is within Village II of Discovery Bay West development and is the same size as the previous site. The change in location requires an amendment to the subdivision and final development plan for the project and will be scheduled before the East County regional Planning Commission shortly. In consideration of the relocation, the Fire District and the developer are requesting at this time, an amendment to the executed agreement halting the issuance of building permits at the 117th permit, to the 200th permit (agreement attached). The Town of Discovery Bay supports the requested amendment and staff recommends that the Board authorize the Director of Community Development Department to execute the modification to the fire station agreement. DISCOVER BAY TOWN OF DISCOVERY BAY Of FEB) 23 411 9: 1555 Riverlake Road, Suite D-134, Discovery Bay, CA 94514 Telephone: (925) 634-1131 Fax: (925) 513-2705 February 20,2000_ Board Members .// President-David Piepho (925) 516-2358 una ArBhat V. President-Bill Slifer (925) 634-7898 Contra Costa County Treasurer-Ray Tetreault (925) 516-2155 Community Development Department Director-Gary Hess (925) 634-5114 651 Pine St.,4t'Fl.,North Wing Director-Bob Doran (925) 634-5137 Martinez,CA 94553-0095 RE: Relocation of Planned Fire Station#59—Discovery Bay West Project Mrs.Bhat: At a recently held meeting that included the Contra Costa County Fire Protection District,representatives of the Hofmann Land Development Company and the Town of Discovery Bay,the only discussion of the meeting that day was about the planned fire station for the Discovery Bay West Village 1 Project. At this meeting,Mr.Hess who is the fire districts'facilities spokesperson,and representing the East Diablo Fire Protection District,outlined what would be needed in a way of a new fire station.For example,the building and various room sizes,electrical layouts and what is needed in the way of driveway materials,etc.,along with the operation and safety aspects of this building within the community. Based on current development conditions,the Hofmann Land Development Company is required to have or construct one new fire station within Discovery Bay West Village I by your Community Development group.The Town of Discovery Bay is very much in favor of having this fire station built within the Discovery Bay West Project,but not at the current site selected which is on Newport Drive and Worthing Way. Since a new school will be built near the current planned fire station location,the consensus was that a fire station near the school would not be a good neighbor, for two major reasons.One,the safety access for parents and students as they see a fire engine passing this school and two,the noise issue. At this meeting with the representatives of the local fire district,Hofmann Company and Town of Discovery Bay,we felt that the original site selected was not in the best interest of the community. We agreed to have this new fire station relocated to the area near the intersection of Bixler Road and Point of Timber Road This new proposed site sits within the Hofmann Land Development Company's Discovery Bay West Village II,the Lake Shore planned development,and it fits the needs of the community. This letter is to let you know that we support the relocation of the planned fire station to its new location along Bixler Road and Point of Timber Road If you have any questions on this matter,please feel.free to contact me at 634-1131. Thank you for your groups support on this matter. Sin rely, Virgil Lehne,-General Manager Town of Discovery Bay Cc:David Lennon—Hofmann Land Development 03/01/2001 11:45 9256341423 EAST .DIABLO FIRE DIS PAGE 01/01 _ JLil I DI�1BLO Fixe Protection District 134 Oak Street February 28, 2001 Brentwood, CA 94513-1335 Paul Hein — -- — Fire Chief Post-it'Fax Note 7671 Pof ► / C.C.Co. Community Development Dept. TO 4 l A Frommgye K C (4t 651 Pine Street cOMP!) fie✓ c � 1--, Martinez, CA 94553 Phone# Phone a Fax# 33S / �. Fax# ATTN: Ms. Aruna Bhat SUBJECT: EAST DIABLO FIRE PROTECTION DISTRICT ■ Discovery Bay Fire Station (Station 59) Dear Ms. Bhat: As a Follow-up to our meeting of February 27, 2001, the East Diablo Fire District formally requests the location of the Discovery Bay Fire Station 59 be changed to the Bixler Road site discussed. This relocation has been agreed upon by the Fire District, Discovery Bay representatives and the Hofmann Company. This relocation will serve the public by eliminating inherent problems at the previous site, such as adjacent to the school site, length of response corridors, subdivision vehicle and pedestrian traffic and site specific problems. Fire Stations are, as you know, essential facilities buildings and typically have a useful life of fifty years or more. It is critical they be located in the best location possible. This relocation will not affect the public health and safety and, in fact, I believe will enhance our capability to serve the public. The additional time spent properly siting this station should not affect the total time-window in our original agreement. In consideration for this relocation, and to allow progress to continue on all fronts, East Diablo Fire Protection District has resolved to amend the executed agreement halting the issuance of building permits at the 117',h permit, to the 2001" permit. If construction of the Discovery Bay Fire Station 59 has not begun by issuance of the 2001h permit, all other terms and conditions of the executed agreement shall remain the same. Please pursue all needed changes as we discussed. Should you have any questions, do not hesitate to contact Chief Mark McCullah at (925) 634-3400, or Chief Bill Hess at pager number (925) 988-5923. Thank you for all of your efforts in.expediting this change. Sincerely, KEITH RICHTER, Interim Fire Chief East Diablo Fire Protection District By: M , a�cl_td.,Ok MARK McCULLAH, Liaison Battalion Chief East Diablo Fire Protection District KR:MM:as D:\Word\County\S58 Reloc 02-28-01 I Recording Requested By: Contra costa county CONTRA COSTA Co Recorder Office Return To: STEPHEN L. UEIR, Cterk•Recorder DOC— 2000-0®52108-00 Board of supervisors W, MAR 15, 2000 15:05:50 FRE $0.00 651 Pine St. Room 106 Tt l Pd $0.00 Nbr-0000835185 Mil xtinez, CA 94553 !re/R9/1-17 Document Title(s) AGREEMENT TO PROVIDE FIRE STATION FOR DISCOVERY BAY WEST THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 7, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2000/90 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7686, Byron area. The following documents were presented for Board approval this date: I. Map The Final Map of Subdivision 7686, property located in the Byron area, said map having been certified by the proper officials; II. Subdivision Agreement A subdivision agreement with Talisman Realty Group, Inc.,subdivider,whereby said subdivider agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: A. Cash Bond Deposit amount: $5,800.00 Auditor's Deposit Permit No. and Date: DP 342681 (December 22, 1999) Deposit made by: Talsiman Realty Group, Inc. Federal Tax Identification Number: 68-0419482 State Tax Identification Number: 2118258 B. Surety Bond Bond Company: The American Insurance Company Bond Number and Date: 11119463534 (February 15, 2000) Performance Amount: $569,000.00 Labor&Materials Amount: $287,400.00 Principal: Talisman Realty Group, Inc. RESOLUTION NO. : 2000/90 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7686, Byron area. DATE: March 7, 2000 PAGE 2 III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the properties included in the maps of Subdivision 7686 and Subdivision 8143 and that the 1999-2000 tax lien has been paid in full and the 2000- 2001 tax lien, which became a lien on the first day of January 2000, is estimated to be $37,600.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: The American Insurance Company Bond Number and Date: 11119463500 (February 15, 2000) Amount: $37,600.00 Principal: Talisman Realty Group, Inc. IV. Construction Road Maintenance Agreement A construction road maintenance agreement with Talisman Realty Group, Inc., developer, whereby said developer agrees to maintain project haul routes in a convenient, passable condition throughout the entire construction period. Accompanying said agreement is security guaranteeing maintenance of haul routes as follows: • Cash Bond Deposit Amount: $15,000.00 Auditor's Deposit Permit No. and Date: DP 344340 (January 27, 2000) Deposited By: Talisman Realty Group, Inc. Federal Tax Identification No.: 68-0419482 State Tax Identification No.: 2118258 V. Community Center Bond Surety to assure payment of 50 percent of the construction cost of a community center(including building, parking lot and landscaping) to be paid within one year of the Discovery Bay Community securing the remaining 50 percent of said construction cost, provided that the first building permit on the land within the boundaries of Subdivision 7686 has been issued, as follows: • Bond Bond Company: Fireman's Fund Insurance Company Bond Number and Date: 11119463575 (February 15, 2000) Bond Amount: $625,000.00 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7686,Byron area. DATE: March 7, 2000 PAGE 3 V1. Fire Station Agreement A fire station agreement with Talisman Realty Group, Inc., developer, whereby said developer agrees to commence construction of a fire station prior to issuance of the 117`h building permit. The developer further agrees to provide the Fire District with funds to purchase a new Type I engine, to be housed at said station. VII. Bixler Road Improvement Reimbursement Agreement A reimbursement agreement with Talisman Realty Group, Inc., developer,whereby said developer is eligible for reimbursement of certain road improvements which are required for orderly development of the area, but which exceed the developer's obligation. NOW THEREFORE, THE FOLLOWING IS RESOLVED: 1. Said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans.; 2. Said Final Map is APPROVED and this Board does not accept or reject on behalf of the public, any of the streets, paths or easements shown thereon as dedicated to public use. 3. Said subdivision agreement is APPROVED. 4. Said construction road maintenance agreement is APPROVED. 5. Said community center bond is APPROVED. 6. Said fire station agreement is APPROVED. 7. Said reimbursement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RL:JD:mw I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\BO\2000\BO 7686&8143.doc action taken and entered on the minutes of the Board of Originator:Public Works(ES) Supervisors on the date shown. Contact: Rich Lierly(313-2348) cc: Public Works-R.Bruno,Construction Current Planning,Community Development T—January 7,2001 Talisman Realty Group,Inc. ATTESTED: MARCH 7, 2000 Dba:Hofmann Land Development P.O.Box 758,Concord,CA 94522 PHIL BATCHELOR, Clerk of the Board of Supervisors The American insurance Company and County Administrator One Market Plaza,Spear Street Tower San Francisco,CA 94111 Fireman's Fund Insurance Company One Market Plaza,Spear Street Tower San Francisco,CA 94111 By Deputy MgR-01-2000 13:26 FROM CCCDD TO 96874026 P.002i007 CIO RECORDING REQUESTED BY Contra Costa County AND WHEN RECORDED MAIL TO Talisman Realty Group P.O. Box 758 Concord, CA 94522 AGREEMENT TO PROVIDE FIRE STATION FOR DISCOVERY BAY WEST This Agreement is made this 7thday of March 92000,by and between Talisman Realty Group, a California Corporation,hereafter referred to as"Developer", and the County of Contra Costa, hereafter referred to as"County"and the East Diablo Fire Protection District, hereafter referred to as"District." WHEREAS, Developer applied for and received various land use entitlements allowing it to develop a 1,759-unit residential subdivision in the County of Contra Costa, commonly known as"Discovery Bay West,"(the"Project"),and WHEREAS, in 1994 and 1995, the County approved the Final Environmental Impact Report,General Plan amendment,Rezoning,and Preliminary Development Plan for the Project; and WHEREAS, on December 5, 1997, the County approved the Final Development Plan (DP 91-3025)and Vesting Tentative Map (Sub 7686)as amended, for the Project, including condition of approval #34,regarding the fire station; and WHEREAS, a part of condition of approval #34 requires Developer to "negotiate to design, construct, and equip a fire station for service to the project area as required by the East Diablo Fire Protection District or its representatives"prior to the recordation of the first final map for the Project; NOW THEREFORE, in order to satisfy that part of condition of approval#34 concerning the fire station,the parties hereto agree as follows: 1. Dedication of Lau ll Developer shall dedicate Parcel "D"of Subdivision 7686 to the District on the first final map filed for the Project, as depicted on Exhibit"A" attached hereto (the"Site"). 2. Developer's Obligation to Provide Fire Station, Developer shall design, construct, and equip a Fire Station (the "Fire Station") on the Site in accord with federal and state statutory requirements and with the general specifications listed herein: I. a structure, generally as shown on the attached Exhibit B,containing a)A single story; MFR-01-2000 13:26 FROM CCCDD TO 96674026 P.003i007 Discovery Bay West Fire Station Agreement page 2 of 7 b)Three dorm rooms; c)A Captain's dorm room; d)A day room; e) A kitchen and dining room; f)An office; g)Two handicapped accessible bathrooms; h) A laundry room; i)Interior and exterior decontamination rooms; j)A storage closet; k)A two-vehicle-wide, one-vehicle-deep engine bay/apparatus room; 1)A standby generator that will be shared with the adjacent lift station; m) Parking, driveways,patio and landscaping as reasonably necessary to accommodate the purposes of the Fire Station; and II. a) Provide funds for the purchase of a new Type 1 Fire Engine as specified by District. 3. Site to Be Construction R adv. Developer shall render the Site"construction-ready" before the commencement of any construction thereon. "Construction-ready" means that prior to the commencement of construction all necessary grading will have been completed and all necessary utilities to serve the Site, including underground utilities shall have been installed and made operable in accord with applicable local ordinances and state laws. 4. Construction Plans. Developer shall design and construct the Fire Station in substantial accordance with the plans provided by Jerry Loving Architects previously used for other Fire Stations in Contra Costa County and using the same level of construction standards used for these fire stations, a modified floor plan of which is attached hereto as Exhibit'R"_ (approximately 4800-5000 square feet). The plans for the Fire Station shall be subject to review and approval by East Diablo Fire Protection District("District")prior to commencement by Developer of any construction activities for the Fire Station. The parties may mutually agree in writing,prior to commencement of construction, to modify the actual floor plan as shown on Exhibit B but the Fire Station shall remain substantially the same size(4800-5000 square feet) and shall have the same general specifications as set forth in paragraph two, above. 5. Developer to ProAde Fire Engine. Developer shall pay for the purchase of a new type 1 fire engine, as reasonably specified by the District. The fire engine shall be housed at the Fire Station. The Developer shall deliver funds for the purchase of said engine to the District prior to issuance of the building permit for the 117'unit in the Project("117` building.permit"). If said funds are not provided to the District prior to the 117'building permit,then no further building permits for the Project shall be issued until the District is provided with said funds. 6. Construction Schedule. Developer shall commence construction of the Fire Station prior to the issuance of the 1 l 7'h building permit and Developer will diligently endeavor to complete construction within one year from the date of commencement, but in any event will MAR-01-2000 13:26 FROM CCCDD TO 96874026 P.004i007 Discovery Bay West Fire Station Agreement page 3 of 7 complete construction within eighteen months from commencement of construction (as set forth in more detail in this paragraph). If Developer has not commenced construction prior to the 117`h building permit, then no further building permits will be issued until construction is commenced. If construction and equipping of the Fire Station to a"tum-key" level of occupancy is not completed within one year of commencing construction and, in the County's reasonable judgment,the Developer has not diligently endeavored to complete construction within one year, then no further building permits will be issued for the Project until construction is complete. In any event, if Developer has not completed construction to a"turn-key"level of occupancy within eighteen months after the date construction is commenced,no further building permits will issue. As used herein"turn-key"means a level of completion which allows the Fire Station to be fully operable and functional for its intended purpose,without requiring further construction, installation, necessary equipment or essential furnishing as determined by the Fire Chief in his or her discretion. 7. Costs of Development and Construction of Fire Station. The preparation of the Site(pursuant to paragraph 3, above)and the design, construction and equipping of the Fire Station shall be at the sole expense of the Developer. Should the District request revisions to the final plans for the Fire Station prior to or after commencement of construction,the District shall be responsible for any additional costs incurred by such request,unless such changes or revisions are required by applicable law, in which case all such changes and revisions shall be made at the sole cost of the Developer. The parties hereto agree to work diligently and in a cooperative fashion to avoid any delays in the construction of the Fire Station due to any such requested revisions. S. Transfer of Title to District. Within sixty days after the Fire Station has been completed to the satisfaction of the District(pursuant to paragraph 6, above),District will accept the Fire Station and the dedicated parcel "D"of Subdivision 7686(the Site), and to resolve any ambiguity and to ensure District will receive a free and clear fee title to the Site (parcel "D") and the Fire Station,the Developer shall transfer by grant deed fee title to the Fire Station and the Site (parcel D of subdivision 7686)to the District, in recordable, insurable form, as approved by the District, free of any liens, claims or encumbrances, at no cost to the County or the District. Prior to taking title, District shall have a right of entry upon the premises during construction and may,but is not obligated to, make inspections from time to time during normal business hours as deemed necessary by the District. 9. Reimbursement. The Developer maybe eligible for reimbursement for that portion of the Fire Station design,equipment, and construction cost allocable to the other properties in the area to be served by the Fire Station, if any,through the imposition of one-time assessments, fees, or reimbursement obligations on new development within the service area if an ordinance is subsequently adopted pursuant to Government Code section 66485 imposing such an assessment, fee or obligation or if such a condition of approval is imposed on a future development in the project area. Nothing contained herein shall be construed to require County or District to enact such an ordinance or impose or collect any assessments or fees or other MAR-01-2000 13:27 FROM CCCDD TO 96874026 P.005i007 Discovery Bay West Fire Station Agreement page 4 of 7 reimbursement funds whatsoever,nor to give Developer any rights as against County or District for reimbursement since the County has not enacted such an ordinance, assessment,fee or otherwise imposed any obligation on other developments in the project area and no such reimbursement mechanism is being considered by the County. 10. Indemnification. The Developer shall use its best efforts to require all architects, contractors and other persons retained to design, construct or equip the Fire Station to agree as follows: "Contractor shall save, defend, indemnify and hold harmless the Developer, the County,the District and their respective officers, officials, agents,employees and volunteers from and against any and all liability, claims, actions, damages, losses, expenses, causes of action or demands whatsoever against any of them,including related attorneys' fees arising out of or connected with any injury or death of any person or damage to property or other liability of any nature, arising out of or in any way connected with the work described herein, including the construction of the Project, caused in whole or in part by any negligent act or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The right of the District, the Developer and the County to be defended, indemnified, saved,protected and held harmless hereunder shall be unaffected by the concurrent negligence of the District,Developer or County or any other person. Notwithstanding the foregoing, contractor shall not be required to indemnify County for a liability which a court determines is attributable to the sole negligence or sole willful misconduct of the County. Notwithstanding the foregoing, contractor shall not be required to indemnify District for a liability which a court determines is attributable to the sole negligence or sole willful misconduct of the District. Notwithstanding the foregoing, contractor shall not be required to indemnify Developer for a liability which a court determines is attributable to the sole negligence or sole willful misconduct of the Developer. The provisions of this section shall survive the completion of the Fire Station and the transfer of title to the District." However, if the above provision is not included in agreements with architects,contractors, or other persons retained to design,construct and equip the Fire Station, Developer shall assume all such liabilities,responsibility and obligations for itself and for the benefit of the County and the District, and Developer shall be obligated to defend, indemnify, save,protect and hold harmless the County and the District in the same manner and to the same extent as if the above provision had been included in all such agreements. MFR-01-2000 13:27 FROM CCCDD TO 96874026 P.006i007 Discovery Bay West Fire Station Agreement page 5 of 7 11. Insurance. The Developer and any architect,contractor or subcontractor involved in the construction of the Fire Station,shall provide comprehensive or commercial general liability insurance,professional liability insurance,builder's risk insurance, and workers compensation insurance, as set forth in Exhibit C. The Developer shall be responsible for ensuring that all required insurance is in force before allowing any architect, contractor or subcontractor to perform work on the Fire Station and also shall be responsible for ensuring that each architect, contractor or subcontractor maintains all required insurance during the performance of that party's work. Developer shall be responsible for ensuring that all insurance required by Exhibit C is in force prior to the commencement of construction and that all insurance described herein is maintained during the performance of work or services in connection with the Fire Station. 12. Warranties. The Developer and any contractor and subcontractor for the construction of the Fire Station shall provide express construction warranties, in the form shown in EjWbiLU attached hereto, in addition to any warranties provided by law. 13. Severability. If a covenant, condition or term of this Agreement is held by a court to be illegal or in conflict with law,the validity of the remaining portions or provisions are not affected. 14. B*ndingEffeeL This Agreement shall be recorded and shall inure to the benefit of and be binding on the heirs, successors, and assigns of the parties hereto. 15. Relationship of Paifm. Nothing contained in this Agreement shall be interpreted by any of the parties, or by any third persons, as creating the relationship of general or limited partnership,joint venture,or agency between any of the parties. 16. No Third-Party Beneficiaries It is not the intention of the Developer, County or District that any person or entity occupy the position of intended third-party beneficiaries of the obligations assumed by any party under this Agreement. 17, Cooperation. The parties shall reasonably cooperate with each other to fulfill the terms and conditions of this Agreement. 18. Renresentatlon by Counsel. The parties each acknowledge that they have been represented in the negotiations for, and in the preparation of,this Agreement by counsel of their own choosing; 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. 19. Counter parts�Multiple Originals. This Agreement may be executed in MAR-01-2000 13:28 FROM CCCDD TO 96874026 P.007i007 Discovery Bay West Fire Station Agreement page 6 of 7 counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original. Delivery of the executed Agreement by facsimile shall be acceptable if promptly followed by the mailing of the originally executed copy of the Agreement. 20. Amendments. The parties can amend this Agreement, including any exhibits provided in this Agreement, only by means of a writing signed by all parties. 21. Authority. Each party represents to the others that the person executing this Agreement on that party's behalf is authorized to do so. 22. Entir@ Agreement. This agreement and the attached exhibits contain the entire agreement among the parties to this agreement and shall not be modified in any manner except by an instrument in writing executed by all parties or their respective successors in interest. IN WITNESS WHEREOF,this Agreement has been executed by the parties to be effective the day and year first written above. Talisman Realty Group By, o -IQ LU N�'� S. /QosS I Se�r�ta rt y By: h Vice President County o ntra Costa By: Chair of the Bo d f Supervisors East Diablo-F�e Protection District KB '/ / f Y: Recommended for Approval: Dir7 or, ommunity Deve pme Department Recommended for Approval: / ire Chief, Efilstzfi,61b o Fire otection District Approved as to Form: unty Co el Co I:\IOANWI)H W rr ctn.K.wpd TrTl.i n nn.-r r CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT F e of /^��wl Y �/^1a,�,� OPTIONAL SECTION nty of W�Q �--(!�+O— CAPACITY CLAIMED BY SIGNER On 6-2'W before me, A Though statute does not require the Notary to fill DATE ], j NAME,TITLE OFOFFICER E.G.,' E DOE,NOTARY PUBLIC- in the data below,doing so may prove invaluable AI ,R'personally appeared {`I I Ly5• l * bay I C( T• Lz ,now to persons relying on the document. NAME(S)OF SIGNER(S) ❑ INDIVIDUAL C personally known to me-OR-❑ provided to me on the basis of satisfactory evidence to ORPO TE FFIY S) r` be the person(s)whose name(s)is/are It TtrL. subscribed to the within instrument and r----- acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED ELIZABETH A. STAGNER It the same in his/her/their authorized 0 GENERAL COMM. 1166827 &) capacity(ies),and that by his/her/their 0 ATTORNEY-IN-FACT f�ft M signature(s)on the instrument the person(s)or !yt NOTARY PUBLIC-CALIFORNIA 'U the entity upon behalf of which the person(s) ❑ TRUSTEE(S) tLtt7777 CONTRA COSTA COUNTYactedthe instrument. 0 GUARDIAN/CONSERVATOR Mr Comm.Expires Jan.23,20021 ,executed0 OTHER: vrr o vi QW hand an uia seal SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR EMTrY(IES)) SIGNATURE OF NOT CY ❑ acknowledged to me that such corporation execute the within instrument pursuant to its Board of Directors. OPTIONAL SECTION e-l� A -, qA THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document �1VC. W(C)ry A - TO THE DOCUMENT AT RIGHT. Number of Pages 6 Though the adjacent data is not required by law,it may prove valuable Date of Document (,tnda�kd to persons relying on the document and could prevent fraudulent Signer(s)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 SIGNATURES -The name and interest of the signer should be typed or printed BENEATH 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. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. Nahair of the Board ((b3 The President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c 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 suf if ce. 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." )C:mw:dr tsn.J="vy 13,z000 Dated March 7, 2000 STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On March 7, 2000 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared Donna Gerber who is 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(ies), and that by his/her/- their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. /J By: `1-1,i Deputy Clerk (� Dated MARCH 10, 2000 STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On March 10, 2000 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Contra Costa County, personally appeared Fire Chief Paul Hein who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she they executed the same in his/her/their authorized capacity(ies), and that by his/her/- their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. By: 77t� Deputy Clerk `-,Set :=y} n E _C +X1 UTNE LEGAL OFFICE; 925 887 4426; Feb-18-00 5:04PM; Page 414 ; 1 79.248rr 40.843M '$ E . � N N88'03'55"E 8.400m RHIBITA AY °z S. &=42444'09"(T) PARCEL 'C� N= R=169.600m AREA = 2.357 ho L=126.502m(T) 0 o N5��6231 m �°�� Pc 2� A=35'23t 03 R=169.600m 54 moi. L=104.740m , � .� •©°� PARCEL D ��b�) ` 2rn 55 ��` ��`�¢AREA=0.278 ha 56 'y C2 LZ L4 �6 57 ° L3 L5 h� �*�,`•°�� A-13'46'00" HEE 3 ° SSE �h R=147.350m L=35.404m o t7fi L8 L1 cl N44'30'26"E 20.613m Al ,Cy % NO2'11'15"W 10.521m PARCE AREA �B 6�, !y 6,� •60l •yJ o sr�>6 8.400m N23'56'42"W &=46 102.876m (M-M) R=130 L-106 .`� PARCEL 'J' &=49.52'28" t� �`� ARs7A=i FM hn R=113.600m ;, OMNI 09:50 THE HOFMANN COMPANY TEG:925 682 4771 P. 006 IJ} c = 3 cHIBIT a V t n M ryry N Z z I 10 4 a 0 Q Tn tlt f � r 00 Q b G N 711 4 [I EXHIBIT C Insurance Requirements for General Contractor and Subcontractors, Architect and Subconsultants 1. Workers Compensation Insurance (applies to all): Workers Compensation Insurance for all employees used in the design, construction and equipment of the Fire Station ("Fire Station") in the amount required by state law. In case any employees or volunteers engage in hazardous work on the Fire Station and are not protected under the workers compensation statute, or in case there is not an applicable workers compensation statute, adequate insurance must be provided for all employees and volunteers not otherwise protected. The policy shall provide for a waiver of subrogation against the County and the District. 2. Comprehensive or Commercial General Liability Insurance (applies to all): Comprehensive or Commercial General Liability (CGL) Insurance, including blanket contractual (or contractual liability) coverage, broad form property damage coverage, and, coverage for owned and non-owned automobiles, with a minimum combined single-limit coverage of One Million Dollars ($1,000,000) for all damages due to 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. 3. Professional Liability (Errors and Omissions) Insurance (applies to Architect and subconsultants only): Professional Liability (Errors and Omissions) Insurance with minimum coverage of One Million Dollars($1,000,000) and a maximum deductible of Fifty Thousand Dollars ($50,000). 4. Minimum Carrier Rating: The above insurance shall be issued by carriers admitted in California and acceptable to the County and the District with a minimum Best's (A.M. Best Co.) Insurance rating of A-:VII. 5. Primary Coverage: The above insurance shall provide primary coverage as to the County and the District, regardless of any other insurance or self-insurance that the County and the District may have, and the policies shall include endorsements or provisions to that effect. 6. Certificates of Insurance: Evidence of coverage shall be provided to the County and the District no later than the commencement of construction and shall be subject to County and District review and approval. Endorsements and certificates of insurance shall indicate that the County and the District,their boards, officers, employees, representatives, attorneys, and agents have been named as additional insureds. The endorsements and certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days' prior written notice has been given to the County and the District of policy cancellation, lapse, or material change in coverage. c EXHIBIT D Form of Construction Warranty GUARANTEE We hereby guarantee to the County of Contra Costa and the East Diablo Fire Protection District(the "Beneficiaries")the (Type of Work) which we have installed at (Address) California, for one (1)year's use from date of filing of the Notice of Completion of Construction of the Fire Station. We agree to repair or replace to the satisfaction of the Beneficiaries any or all such work that may prove defective in workmanship or materials within that period, ordinary wear and tear and unusual abuse or neglect excepted, together with any other work which may be damaged or displaced in so doing. If we fail to comply with the above Conditions of the Contract, we, collectively and separately, do hereby authorize the Beneficiaries to proceed to have the defects repaired and made good at our expense and we will pay the costs and charges therefore immediately upon demand, including any reasonable attorneys' fees, court costs, and litigation expenses incurred by Beneficiaries in collecting the costs and charges. This guarantee covers and includes any special terms, including time periods, specified for this work or materials in the plans and specifications for this project, and is in addition to, and not exclusive of, any other warranty provided by law. SUBCONTRACTOR By: By: Its: Its: Date: Date: GENERAL CONTRACTOR By: By: Its: Its: Date: Date: Note: If the firm is not a corporation, add a paragraph stating the type of business organization and the capacity and authority of the person signing the guarantee. ALL SIGNATURES MUST BE NOTARIZED 1ASTAFF\FRstn.wartty.exD.wpd AMENDMENT TO AGREEMENT TO PROVIDE FIRE STATION FOR DISCOVERY BAY WEST This Amendment to the Agreement dated March 7, 2000, to provide a Fire Station for Discovery Bay West ("Agreement") is entered into on this_day of March, 2001 by and between Hofmann Land Development Company, a California corporation (formerly known as Talisman Realty Group, Inc.) (hereinafter referred to as "Developer") and the County of Contra Costa(hereinafter referred to as "County") and the East Diablo Fire Protection District (hereinafter referred to as "District"). Paragraph six of the Agreement, Construction Schedule, is amended to substitute"2001h building permit" for"117`h building permit" so that paragraph six reads . as follows: "Developer shall commence construction of the Fire Station prior to the issuance of the 2001h building permit and Developer will diligently endeavor to complete construction within one year from the date of commencement, but in any event will complete construction within eighteen months from commencement of construction (as set forth in more detail in this paragraph). If Developer has not commenced construction prior to the 200`h building permit, then no further building permits will be issued until construction is commenced. If construction and equipping of the Fire Station to a"turn-key" level of occupancy is not completed within one year of commencing construction and, in the County's reasonable judgment, the Developer has not diligently endeavored to complete construction within one year, then no further building permits will be issued for the Project until construction is complete. In any event, if Developer has not completed construction to a "turn-key" level of occupancy within eighteen months after the date construction is commenced, no further building permits will issue. As used herein "turn-key"means a level of completion which allows the Fire Station to be fully operable and functional for its intended purpose, without requiring further construction, installation, necessary equipment or essential furnishing as determined by the Fire Chief in his or her discretion." All other terms and conditions as stated in the Agreement, a copy of which is attached hereto and incorporated herein by reference, shall remain in full force and Page 1 Amendment to Fire Station Agreement March 5, 2001 effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above. HOFFMAN LAND DEVELOPMENT COMPANY By: . A.T. Shaw, President By: Dennis M. Drew, Secretary/Treasurer COUNTY OF CONTRA COSTA: By: Dennis Barry, Director, Community Development Department EAST DIABLO FIRE PROTECTION DISTRICT By: Recommended for Approval: Fire Chief, East Diablo Fire Protection District Approved as to Form: County Counsel DJS/jh I:UOANN\Diana�AmendDA W fi restn Page 2