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Home My WebLink AboutMINUTES - 03092004 - C.15 TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT GHAD FROM: MAURICE SHIU,PUBLIC WORKS DIRECTOR ,, DATE: March 2,2004 SUBJECT: APPROVE and AUTHORIZE Richard D. Short, Kleinfelder, Inc, General Manger of the Blackhawk Geologic Hazard Abatement District(GHAD), to execute a License Agreement with Michael Ashby, the homeowner of the property located at 3130 Blackhawk Meadow Drive for the repair of a landslide on said property,Danville,California Area. SPECIFIC REQUESTS)(7R REC+v3MMMENDATION(S)&BACKCiROMD AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE Richard D. Short, Kleinfelder, Inc, General Manger of the Blackhawk Geologic Hazard Abatement District(CHAD),to execute a License Agreement with Michael Ashby, the homeowner of the property located at 3130 Blackhawk Meadow Drive, APN No. 220-250-005 for the repair of a landslide on said property for the period December 16,2003 through June 30,2004,Danville, California Area. II Financial 1pact: There will not be any impact on the County General Fund. The Blackhawk GHAD is funded through revenues generated by special assessments levied on properties within the boundaries of GRAD. The subject project will be funded through cost-sharing agreement between the CHAD and the property owner at 3130 Blackhawk Meadow Drive. RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON MARCH 09, 2004APPROVEDAS RECOMMENDED xR OTHER 1 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 VOTE OF SUPERVISORS the date shown. xx UNANIMOUS(ABSENT I & IV AYES: __.NOES: MARCH 0 2004 ABSENT: ABSTAIN: ATTESTED: JOHN SWEETEN,Clerk of the Board of Supervisors and County SE:c:nm Administrator G:tGpData\SpDlot4Btla Ordes12004103-0.2-64 BO APN 220-250>005.doe Orig.Div: Public Works(special Districts) Contact: Skip Epperly(113.2253) ce: County Administrator County Counsel By _ e "��' .._.i Deputy xleinfoider,Inc. SUBJECT: APPROVE and AUTHORIZE Richard D. Short,Kleinfelder, Inc, General Manger of the Blackhawk Geologic Hazard Abatement District(CHAD),to execute a License Agreement with Michael Ashby, the homeowner of the property located at 3130 Blackhawk Meadow Drive for the repair of a landslide on said property,Danville, California Area. DATE: March 2,2004 PAGE: 2 III. Reasons for Recommendation and Background: For several years, continued erosion has occurred at the toe of the slopes of Alamo Creek which bisects the property of 3130 Blackhawk Meadow Drive. The progressive nature of this erosion, in the subject location, has created a 60 foot high near-vertical slope that threatens the driveway and only access to the property residence. The General Manager has determined that this condition poses an immanent threat to the upslope driveway and access to the property. Furthermore, this condition, left unabated may produce a significant failure requiring substantially more resources to repair. The General Manager has been successful in negotiating a cost-sharing agreement with the property owner that reimburses the District 50%of the construction costs of the repair. Signed License Agreements provide the GHAD with sufficient rights to enter upon and repair the landslide. The License Agreement specifies the conditions, term and responsibilities of the parties. III. Consequences of Negative Action: Without Board approval,the District will not be able to proceed with the repair of the landslide. I 7 } f 1 i 3 r 7 Recording i equested by: Blackhawk Geologic,Hazard Abatement District i When recor led return to: Richard D. 3hort,General Manager BlackhawkGeologic;;Hazard Abatement District 4125 Black awk Plaza Circle, Suite 103 Danville,C ilifornia 94506 i i Assessor's arcel Nr. 220-250-005 i LICENSE AGREEMENTAOR LANDSLIDE REPAIR I THIS AGR£ EMEN`, is made and entered into this 16th day cif December, 2003,by and between MICHAEL F.ASHBY(referred to as"OWNER!)and the BU CKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT, a political subdivision of the State of California (referred to as "GI IAD"). WITNESSETH: i GHAD'was formed under Section 26500 and following oftheblic Resources Code for the purpose of abating geologic hazards in the Blackhawk area. OWNER o certain real property within the boundaries ot GHAD, 3130 Blackhawk Meadow Drive,lean 'lle,California,(Assessor's Parcel No.220-250-00�)shown in Exhibit A attached hereto (referred to as the"Pioperty"),which property is affected by landslide. OWNER hA0 requested that CHAD assist OWNER by repairi g the landslide on the Property,and CHAD`is 'fling tol perform the necessary repair work un the terms and conditions of this Agreement. ! I The purpose of this Agreement is to set forth the arrangement between the parties for the landslide repair wor as described in Exhibit B attached hereto(referred to as the"Work"). NOW, REFORE,the parties agree as follows: 1. OWNER graft to CHAD, its officers, employees, ag nts, contractors, and consultants an irrevocable license to enter upon that portion of the Pro described or shown in Exhibit C Etta hed hereto (referred to as the "Repair Area") anc to perform the Work thereon. The pe •ssion hereby granted shall include without 1 irritation the right to bring labor, equ Ipment, vehicles, and supplies into the Repair j rea and to perform all operations necessary or convenient to complete the Work. i License Agrm#ent—3130 Blackhawk Meadow Drive Project Page 1 of 9 Standard Licenk Agreemt4Awdslide Repair f i 2. To facilitate ;performance of the Work, OWNER Viso grants to GRAD, its officers, emr loyees,cents,contractors,and consultants an irrevocable license to enter upon and use add tional prgperty or roads owned or controlled by O*NER.Such permission shall include without limit4.tion the right to store equipment,vehicl and supplies within the area of the Re `r and to operate equipment and vehicles thetoln, and to perform all operations ec sary or 6onvenient to complete the Work. 3. The irrevocable licenses granted hereby shall commence on the effective date of this Agr wment and shall continue until June 30,2004,or til the Work is completed,whichever occins first. CHAD shall have the right to terminate th s Agreement upon ten days'notice to 'OWNER. I 4. Sho ald a future landslide occur on the Property, ,hether such landslide represents a reo currence sof the landslide covered by this Agreement or constitutes a neve landslide, G ,in its'sole discretion,may decide to repair such landslide,but shall not be required to doo. Nothing in this Agreement shall be deemed t impose on GHAD an obligation to rep�`r future landslides on the Property or elsewherethin the boundaries of GRAD. 5. iA. The releases and indemnification set forth in subparts D, E, F, G, and H of this section are for the sole benefit of GHAD and,the other entities and persons listed therein and are not intended to apply to thw contractor, subcontractor and the engineering consultants hired by GHAD. O ERS shall retain all remedies that OWNER otherwise has against the contrac or, subcontractor and engineering ` consultants hired by GHAD. B. The construction contract for the Work shill contain language requiring the contactor to provide indemnification and liability insurance covering OWNER to the same extent as that provided to GHAD. The c'ntractor shall be required to provide an insurance certificate or endorsement naming OWNER as additional insured. The insurance shall provide coverage for personal niury or death and property damage occurring during the performance of the WoW and caused by negligence of the contractor or subcontractors. C. Except as provided otherwise in subparts D d E of this section, GHAD shall defend., indemnify, save, and hold harmless 4PWNER from liability for personal injury, or death and property damage (as l` 'ted by subpart H of this section) occurring during the performance of the Work and caused by the sole, active negligence or willful misconduct of GHAD. j D. OWER acknowledges that entry into the R air Area and the Access and Staging Area carries with it a certain risk and agrees to lease,defend,indemnify,save,and hold harmless Blackhawk GHAD, Contra Costa County, Richard D. Short, Kleinfelder,Inc., Santis Construction Compare f,Inc.,and their officers,agents,and employees from any liability for death of, dr injury to, OWNER, members of OWN R's family, or OWNER's invitees while present in the Repair Area or the € Access and Staging Area during the perfo ce of the Work, except for liability I License#i.mi'tgreemt-� —313€3 61ackhawk Meadow Drive Project Page 2 of 4 Standardandslide Repair ; 1 i 1 resulting from the sale,active negligence or willful misconduct of CHAD. E. GHA t will instruct its contractor to take preca6tions during the performance of the Work;to try to avoid causing additional or new damage to the Property or to the improvements located thereon (landscaping, fencing, walls, sprinklers, patios, walks ays,decks,pools,structures,residence,etc.). However,OWNER understand and ogee that CHAD shall not be held responsible or liable for damage or inconvenience during the performance of the[Work resulting from obstruction of access, noise, dust, vibrations, fumes, cracki#g, settlement, excavation, or other inherent or incidental effects of the Work or th' instability or other condition of the Prope' , and OWNER knowingly waive th right to make any claim. against Black�wk CHAD,Contra.Costa County,Rich D.Short,Kleinfelder,Inc.,Sands Construction, Inc., and their officers, agents,; or employees for such damage or inconvenience,and fully and finally releases them from the same. 'F. OWNER understand and agrees that there is no guarantee that the repair of the landslide will be adequate to prevent the land fide from re-occurring or to prevent new or additional damage from occurring t the Property or the improvements located thereon. Once the Work has been completed and accepted by GHAD, OWI R knowingly waive the right to make ' ny claim against CHAD, and their offnceirs, agents, or employees for any damage, injury, or death occurring or manifesting itself after such acceptance and resulting from,or in any way connected Ewith,the Work,and fully and finally releases tiern from the same. G. OWNER expressly waive all rights provided b Section 1542 of the California Civil Codex 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 HINT ~MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. ' { H. For any damage to or destruction of any pa�ton of the Property or the improvements located thereon, OWNER' sol` remedy shall be limited to recovory of the reasonable,actual cost of repai ,replacement,or diminution in vatue, whichever is less, and under no ci umstance shall OWNER. be entitled to recover consequential or special damages or for any damages based) on emotional distress, loss of use, 4venue, profits, or business opportunities.. j i 6. ;This Agreement and each and all ofthe covenants herein contained shall inure to the benefit upo i the suoac esssors and assigns of the respective part es hereto. 7. This Agreement shall be subject to modification or arr�endment only by the written,mutual confent of boo h parties. i i a License flgreeena 3134 Blacicltawk Meadow Drive Project Page 3 of Standard I i Agreernt-Landslide Repair f i i ( i 8. A. All n6tices under this Agreement shall be in writing. Notice shall be sufficiently giv n for all purposes as follows: 3 (1) 1 When delivered by first class mail,pose 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) s When delivered by overnight delivery by a nationally recognized overnight f courier,notice shall be deemed delive d one(1)business day after deposit with that courier. (4) ' When delivered by telecopy or similar means, notice shall be deemed delivered one(1)business clay after the clay it was transmitted by telecopier or similar means,provided that a transmission report is generated by reflecting the accurate transmission of the notice. 3 (5) 1 When personally delivered to the recipint,notice shall be deemed delivered on the date personally delivered. i B. The place for delivery of all notices given under'this Agreement shall be as follows: F I OWI�IER: Michael F. Ashby Danville, California 94506 GHA1): Richard D. Short, General Manger Blackhawk Geologic Hazard A6tement District 4125 Blackhawk Plaza Circle, Quite 103 Danville,California 94506 i Facsimile—(925)964-0825 or to )such other addresses and facsimile nur4bers as any party may respectively desigate by written notice to the others. 9. 'Thi.' Agreement shall not be construed as if it had been prepared by one of the parties, but irath er as if both parties have prepared it. The parties ito this Agreement and their counsel hav, read and reviewed this Agreement and agree thatany rule of construction to the effect 'tha ambigui4"es are to be resolved against the dr*ffing party shall not apply to the ;int retatior> of this Agreement. 10. If aj iy term or provision of this Agreement shall,to an extent be held invalid or unenforce- able,the rern�inder of this Agreement shall not be af*cted. License 4grm nent m 3130 jBlackhawk Meadow Drive Project Page 4 of 9 Standard`L.ice Agreemt-Landslide Repair 4 t } 11. :The termination of this Agreement shall not affect the!provisions of Sections 4, 5,and 6 of {this Agreemot,which shall survive such termination i 12. i It is understood that this document contains the entire 'agreement between the parties hereto ;relating to thdlandslide repair work and the use of the property and any other understandings or a pwrneno,oral or written,of whatsoever nature concerning the matters contained herein are 3upersedo by this Agreement and are hereby abrogated and nullified. i t IN WITNE 3 S WHEREOF,the parties hereto have executed tis License,in duplicate,the day and year fiat above writ(en. Michael F Ashby BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT("GHAD") By Richrd D. Short Owner,Nanie General 'Manager Owner Nat ie e By Approved to form: Silvana ASI hesi, C6unty Counsel t B Del uty i I i i 1 r i I I )yj i I j k { License Agree4nent—31303tackhawk Meadow Drive Project Page 5 of 9 Standard License Agreemt-Landslide Repair I i t Acknowle gment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLgDGMENT (State of C difornia I ) ( ) ss. (Count ofr c ) On D ,before me, `t �� l'.- �� Ls, Date Name and Title of dfficer(e.g., "Jane Doe, .Notary Public) . Personally eared s L '' E * persoi Lally known to me Pr6vec to me ou the basis of satisfactory evidence 4 To be the rson(s)whose name(s)is/are subscribed to the wi in instrument and acknowledged to { me that he/she/they, executed the same in his/her/their at#horized capacity(ies), and that by his/her/the' signat*(s) on the instrument the person(s), or!the entity upon behalf of which the person(s) a ted,exevuted the instrument. WITNESS my hand and official seal TMI I COW= COMMWM#34M63 [ w MAC-c� �� Ila, Eft Mar 1 O.2W7" A s- Signature NaMrrkblic Place Notary Seal Above i i f w � i License Agreet rient—3130 Biackhawk Meadow Drive Project Page b of 9 Standard Li Agreemt-Landslide Repair r € I i �; of t ; 1 Pson Of Pro x f f Poo PF Y A{ OS OrAle :j•r '..tel r , I k testi p a FRI 3114 j �l 342 Lane ` Bt 00 OWDrIve t r I 1 J I —3130 Ziac Ott 1*9e 70.,q i EXHIBIT B i Description of Work I F6P it Landslide through the installation of a protective "pin wall". I I 1 i i pF 1 j I s 1 3 l I i I i i i 3 i 1 f i t � ,I i f i I t License gree nent--3 I30)31ackhawk Meadow}give Project Page 8 of 4 Standard Licen so Agreemt+andslide Repair i ff J 7 F f )) 1' f f SII � j � � 1 ' r roe J y. c .' YPXPF �Y t ac 1 1 r r { t� A Im- F i is PICIR 312 J 1 r If J 31kh allow Lane ftkb 1 1 i 1 £f f j f 8 f Prulecr 1 if r 'age org