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HomeMy WebLinkAboutMINUTES - 04122005 - 2005 RES 215 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 12, 2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAUL.NIER, GLOVER AND UILKEyA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2005/ 215 SUBJECT: Approving the Deferred Improvement Agreement along Warren Road for Minor Subdivision 04-00014, (APN 184-450-017), Walnut Creek area. (District 11) The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Grace M. McGeehon, Trustee, as required by the Conditions of Approval for Minor Subdivision 04-00014. This agreement would permit the deferment of construction of permanent improvements along Warren Road which is located along Parcels A and B in the Walnut Creek area. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Warks Director is APPROVED. AH:rm I hereby certify that this is a true and correct copy of an action G:IGrpData\EngSvc\BO\2005\04-12\MS 04-00014 BO-12AM taken and entered on the minutes of the Board of Supervisors on the date shown Originator: Public Warks(ES) Contact: Chris Lau(313-2293) APRIL Recording to be completed by Tcor Title ATTESTED: i 2005 cc: Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and Ticor Title Robbie Elliot County Administrator 21 OB Railroad#B Danville,CA 44326 By� � Deputy RESOLUTION NO.20051 215 Recorded at the request of: , Contra Costa Counry Public works Department Engineering Services Division Return to: Public works Department Engineering Services Division Records Section Area: '1ib-t1yi,i Road: k a v 11'rex", J Co.Road No: :�7 4_ 4�— Project: S1 t. APN: DEFERRED IMPROVEMENT AGREEMENT (Project: THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) Maurice M. Shiu, Public Works Director "r By: (Sigl721UYC) 14 fJ't'tf..t..... •�j �� l,�j,���,L��' �Z t� RECOM1IEivtDED FOR APPROVAL: n-11 BY:: (signatu,) f Engin ering Services Division FORM APPROVED? Victor J. Westman, County Counsel (NO'T'E: 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 (see attached notary) Corporations Code§313.) 1. PARTIES. Effective on the County of Contra Costa, hereinafter referred to as "County"and Ybi�� %3 f Jam{c �e�i F � ����� hereinafter referred to as"Owner"mutually agree and promise as follows: 2. PURPOSE, Owner desires to develop the property described in Exhibit"A"attached hereto and wishes to defer construction of permanent improvements,and County agrees to such deferment if Owner constructs improvements as herein promised. 3. AGI2EENIENT BINDING ONSUCCESSORS TN INTEREST. 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 laud 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 agec-ment. Upon annexation to any city,Owner, or those who succeed hint as owner of the property described in Exhibit ".� "shall fulfill all the terms of this agreement upon demand by such city as though 0%vner had contract with such city originally. Any;annexing cit-, shall hay e all rights of a third patty beneficiart. 4. STREET AND DRAINAGE IMPROVEMENTS: A. The improvements set forth in this section may be deferred by Owner and shall be constructed when required in the manrer set forth in this agreement. The deferred improvements required by County Department of Public Works are generally described or-,Exhibit"B"attached hereto. Each of said improvements relate to the use,repair,maintenance or improvement of. or payment of taxes,special assessments or fees on,the property described in Exhibit"A." B. When the County Public Works Director determines that there is no further reason to defer construction of the improvements because their construction is necessary for the public health,welfare and s<ufety and/or is necessary to the orderly development of the surrounding area,he shall notify Owner in writing to commence their installation and construction. The notice shall be rnailed to the current owner or owners of the property as shown on the latest adopted County assessment roll. The notice shall describe the work to be done by Owner,the time within which the work shall commence and the time within which the work shall be completed. All or any portion of said improvements may be required at a specified time. Each Owner shall participate on a pro rata basis in the cost of the improvements to be installed, If Owner is obligated to pay a pro rata share of a cost of a facility provided by others,the notice shall include the amount to be paid and the time when payments must be made. 5. PERFORMANCE OF THE WORK. Owner shall perform the work and make the payments required'by County as set forte herein or as modified by the Board of Supervisors. -Owner shall cause plans and specifications for the improvements to be prepared by competent persons legally qualified to do the work and shall submit said improvement plans and specifications for approval prior to comrnenccnrent of the work described in the notice and to pay County inspection fees. The work shall be done in accordance with County standards in effect at the time improvetrent plans are submitted for approval. Owner agrees to commence and complete the work within the time specified in the notice given by the Director of'Public Works and to notify the County at least 48 hours prior to start of work. In the event Owner or his successor(s) in interest fails to construct any of the improvements required under this agreement,County may,at its option,do the work. A lien is hereby created on all property described in Exhibit"A" for the cost of such work. If County sues to compel performance of this agreement,to recover the cost of completing the improvements or to enforce the aforementioned lien,Owner shall pay all reasonable attorney's fees,costs of suit and all other expenses of litigation incurred by County in cor-:na ectior therewith,and said attorney's fees,costs and other expenses shall also become a lien on the property described in Exhibit"t>". lithe property described in Exhibit"A" is subdivided at the time said liens are imposed,the amount of said liens shall be divided proportionately among the various parcels. Permission to enter onto the property of Owner is granted to County or its contractor as may be necessary to construct the improvements covered by this agreement. 6. JOINT COOPERATIVE PLAN. Upon notice by County,Owner agrees to cooperate with other property owners,the County,and other public agencies to provide the improvements set forth herein under a joint cooperative plan including the formation of a local improvement district, if this method is feasible to secure the installation and construction of the improvements. 7. REVIEW OF REQUIREMENTS. If Owner disagrees with the requirements set forth in any notice to commence installation of improvements, he shall,within 30 days of the date the notice was mailed,request a review of the requirements by the Board of Supervisors of County. The decision of this Board shall be binding upon both County and Owner. 8. ACCEPTANCE OF IMPROVEMENTS. County agrees to accept those improvements specified in Exhibit"B"whioh are constructed and completed in accordance with County standards and requirements and are installed within rights of way or easements dedicated and accepted by resolution of the Board of Supervisors. Owner agrees to provide any necessary temporary drainage facilities,access road or other required improvements,to assume responsibility for the proper functioning thereof, to submit plans to the appropriate County agency for review, if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property. 9. BONDS. Prior to County approval of improvement plans,Owner may be required to execute and deliver to the County a faithful performance bond and a payment bond in an amount and form acceptable to County to be released by the Board of Supervisors in whole or in part upon completion of the work required and payment of all persons furnishing labor and materials in the performance of the work. 10, INSURANCE. Owner shall maintain,or shall require any contractor engaged to perform the work to maintain, at all times during the performance of the work called for herein a separate policy of insurance in a form and amount acceptable to County. 11. INDEMNITY. The Owner shall defend,indemnify and save harmless the County,it's officers,agents and employees,from every expense, liability or payment by reason of injury(including death)to persons or damage to property suffered through any act or omission,including passive negligence or act of negligence, or both, of Owner,his developer, contractors, subcontractors, employees, agents, or anyone directly or indirectly employed by any of them,or arising in any way from work called for by this agreement,on any part of the premises,including those matters arising out of the deferment of permanent drainage facilities or the adequacy, safety, use or non-use of temporary drainage facilities, or the performance or nonperformance of the work. This provision shall not be deemed to require the Owner to indemnify the County against the liability for damage arising from the sole negligence or willful misconduct of the County or its agents,servants,or independent contractors who are directly responsible to the County- kw Engs,C Forms: (i%v01 F1)-V,i-S?_doc Rev :Apr i 6.:'01✓) s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California _ l ss. County of �� !/ - y } ! t l ) On lam . •.� k E?�i� before me, � 1 /�f / 1t Date a/�e and 7rtle t er[e _ Jane Doe.N ary Pubilc") personally appeared ���� � �` i L' ' � j Names)at Signer(s) Dppd 'I rsonally known to me 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 J.J.ALEJA DRO acknowledged to me that helshelthey executed ComnVmlon# 1433427 the same in his/her/their authorized Not Leiary Pubic-Cntltomla capacity(ies), and that by his/her/their Contra Costa County signature(s)on the instrument the person(s), or y Comm.ExpkesAug 3,2007 the entity upon behalf of which the person(s) l acted, executed the instrument TNES my hand and official seal. is 14��+ igna uee o'Notary Public OPTIONAL 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 form to another document. Description of Attached Document r; Title or Type of Document: Document Date: Number of Pages: r� C Signer(s)Other Than Named Above: ,l Capacity(ies) Claimed by Signer ) t Signer's Name: s ❑ Individual Top of thumb trete ) F1 Corporate Officer ---Tttle(s): 11 Partner — ❑Limited O General ) 0 Atto mey-in-Fact 11 Trustee ' 0 Guardian or Conservator 0 Other: ------- — —- g Signer Is Representing:_-__ r�'Z._`'_ �--�"�`-C`<_`-,�i: c,�:+'�%C:�!'<`�,z�'a-�.`�;��",C"�t�{,�-�..�4,_. 'v=,�`r-1�-�v�—�,,,r-'v��,`�='C, '�:+,�, sv�"�•v 1999 Naelonal Nelary Associallon 9350 De Solo Ave_P 0 Ger 2402 .rat ,.,., r,4+313-2402 xww iafionamotar„erp Prcd N, Reorder Cal'TuA F'rev 1 800 8;6-682' MS O4-0014 EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: A portion of Parcels A and B designated as Warren Road as shown on the parcel map of NIS 04-0014 , on file at the�County Recorder's Office as follows: Date: Book: Page: RE: MS O4-0014 EXHIBIT "B" IMPROVEMENTS Improvements required by Contra Costa County Community Development Department and the County Ordinance Code as a condition of approval for the above-referenced development are located along Warren Road for Parcels A and B, described in Exhibit "A": I. Approximately 65.5 linear meters(212 linear feet)of curb,face of curb located 3 meters(10 feet) from the right of way line. 2. Approximately 65.5 linear meters (212 linear feet) of 1.4 meter (4-foot 6-inch) sidewalk, width measured from curb face, built monolithic with the curb. 3. Approximately 167.3 square meters(1800 square feet)of street paving to pave between the existing pavement and the lip of gutter. 4. Necessary longitudinal and transverse drainage. 5. Necessary street lights. The final number and location of the lights will be determined by the County Public Works Department. 6. Temporary conforms for paving and drainage as may be necessary at the time of construction. 7. Construct Improvements per Subdivision Improvement Plans and Bond Estimate for MS 04- 0014stampedaccepted for compliance by the County on ±' ut; Plans should be revised as necessary fro the review and approval of the Public Works Department, Engineering Services Division,prior to construction. 8. Pay inspection and plan review fees and applicable lighting fees. CONSTRUCTION Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent. The construction of the above deferred improvements shall begin as outlined in Item 4B of the agreement or when either of the following occurs: 1. Warren Road 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. It is the intent at this tinne that the "pro rata basis" of-costs, as specified in Item 4B ofthe a-reenient. shall mean that the owners of each parcel shall pay one half of the costs.