HomeMy WebLinkAboutMINUTES - 03072006 - C.3 TO: BOARD OF SUPERVISORS ` � 3
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: March 7, 2006
SUBJECT. Approving Deferred Improvement Agreement along Parr Boulevard for NR 05-0001,(APN 408-082-
001), North Richmond area. (District I)
SPECIFIC.REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUS'I'IFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2006//O? for NR 05-0001, approving Deferred Improvement Agreement along Parr
Boulevard(APN 408-082-001),for project being developed by Richmond Land Group,LLC,North Richmond area.
(District I)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Condition of Approval No. 19 requires the execution of deferred improvement agreement for improvements along
Parr Boulevard.
CONSEQUENCES OF NEGATIVE ACTION:
The deferred improvement agreement will not be executed and Condition of Approval No. 19 will not be satisfied.
Continued on Attachment: ✓ SIGNATURE: �it/V✓�
.✓IFECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
PROVE THER
SIGN ATIiRE S
ACTION OF BOAR N 4pYa- APPROVED AS RECOMMENDED OTIIER
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
VO OF SUPERVISORS date shown.
V��O
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED:/%,yey6 O"T' J*0
SG:rrn JOHN CULLEN, Clerk of the Board of
(3:\Grpl)ata\EngSvc\BO\2000\03-07\NR 05-0001 BO-12.doc Supervisors and County Administrator
Originator. Public Works(ES)
Contact: Slava Gospodchikov(313-2316)
cc: Current Planning,Community Development
By , Deputy
Recorded at the request of:
Contra Costa County
Board of Supervisors
Return to:
Public Works Department
Enoincering Services Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 7, 2006 by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO,
DeSAULNIER AND UILKEIIA
NOES: NONE
ABSENT. SUPERVISOR GLOVER
ABS'rAIN: NONE
-_.. RESOLUTION NO. 2006/ /d
SUBJECT: Approving Deferred Improvement Agreement along Parr Boulevard for NR 05-0001,
(APN 408082-001),North Richmond area. (District I)
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with Richmond Land Group, LLC, as required by the Conditions of
Approval for NR 05-0001. This agreement would permit the deferment of construction of permanent
improvements along Parr Boulevard which is located near Richmond Parkway in the North
Richmond area.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
SG:rm I hereby certify that this is a true and correct copy of an action
G:\GrpData\EngSvc\BO\2000\03-07\NR 05-0001 BO-12.doc taken and entered on the minutes of the Board of Supervisors
on the date shown
Originator: Public Works(ES)
Contact: Slava Gospodchikov(313-2316) y� / D � /
Recording to be completed by COB ATTESTED: (�J �. Y
cc: Current Planning,Community Development JOHN CULLEN, Clerk of the Board of Supervisors and
County Administrator
By ,Deputy
RESOLUTION NO. 2006/ A*?"
• Contra Costa Countyuest of:
Recorded at the
a IIII III III I III II IIII I II I IIII IIII III I IIII I II III III
Public Works Department CONTRA COSTA Co Recorder Office
Engineering Services Division STEPHEN L, WEIR Clerk-Recorder /�
Return to: DOC_ 2006_0073217-00
Public Works Department .
Engineering Services Division Thursday, MAR 09, 2006 14:06:13
Records Section
FRE $0.00
Area: North Richmond Tt 1 Pd $0.00 Nbr-0003150080
Road: Parr Boulevard
Co.Road No: 0461 B
Project: NR 05-0001
APN: 408-082-001
DEFERRED IMPROVEMENT AGREEMENT
(Project: NR 05-0001)
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See note below)
Maurice M. Shiu, Public Works Director
By: (signatur L'
RECOMMENDED FOR APPROVAL: Allan H. Palecek : Richmond Land Group, LLC
By: (signature)
Engineering Se ices Division Sue Eccleston : Richmond band Group, LLC
FORM APPROVED: Victor J. Westman, County Counsel
(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. PARTIES. Effective on October 3,2005,the County of Contra Costa,hereinafter referred to as"County"and Richmond Land Group,LLC
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 Countv agrees to such deferment if Owner constructs improvements as herein promised.
3. AGREEMENT BINDING ON SUCCESSORS IN 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 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 contract with such city originally. Any annexing city shall have all rights of a third party beneficiary.
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 manner
set forth in this agreement. The deferred improvements required by County Department of Public Works are generally described on 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 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 safety 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 mailed 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 wort:and make the payments required by County asset forth 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 commencement 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 improvement plans are submitted for approval.
Owner agrees to commence and complete the work within the time specified in the notice liven by the Director of Public Works and to nonfv the C'otultV
at least 48 hours prior to,tart of work. In the event Owner ur 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 connection therewith,and said attorney's fees, costs
and other expenses shall also become a lien on the property described in Exhibit"A". If the 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 lite 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 ajoint cooperative plan including the formation of local improvement district,ifthis method
is feasible to secure the installation and construction of the improvements.
7. REVIEW OF REQUIREMENTS. IfOwnerdisaurees with tile requirements set forth in any notice to cornmence installation of improverilents,
he shall.within. 111 days of the date the notice was mailed,request a revie\y of the requirements by the Board of Supervisors of County. The decision of
this Board::hall be i i:':^ c Upor both County and Owner.
8. A__=': ,1 C _OF IMPROVEMENTS. County agrees to accept those improvements specified in Exhibit"B" which are constructed and
completed ac -:.a lcc .(t'I County standards and requirements and are installed within rights of way or easements dedicated and accepted by resolution
of the Board )f Jti..%el vi Owner agrees to provide any necessary temporary drainage facilities,access road or other required improvements,to assume
responsibility p:-jper functioning thereof, to submit plans to the appropriate County agency for review, if required, and to maintain said
improvement,.end facilities In :t manner which will preclude any hazard to life or health or damage to adjoining property.
9. BONDS. triol-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 ul'the work called Im herein a separate policy ol'insurance in a form and amount acceptable to County.
1 I. INDEMNITY. 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 actor 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 ofthe 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.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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signature(s) on the instrument the person(s), or SI
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Q NOTARYPUBUC-CAUFORNIAO acted, executed the instrument. .
CONTRA COSTA COUNTY 0 r
COMM.EXP.JULY 21,2009'A WITNESS my�hand
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signature of Notary Public
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OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
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Description of Attached Document
I� Title or Type of Document: I
Document Date: Number of Pages:
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Capacity(ies) Claimed by Signer
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El Individual Top Of lht;mb here
❑ Corporate Officer—Title(s): •
❑ Partner—❑ Limited C General
Attorney-in-Fact ,
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❑ Other:
Signer Is Representing:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California '
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< County of C o ,t,1 T g 4- C & f r j
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personally appeared U L' GCS �' S a I'f ti
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Moved to me on the basis of satisfactory
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MYRON D. &C, ,
Commission* 139252311 subscribed to the within instrument and S
-„ Notary Public -COMOM10 acknowledged to me that be/she/t#e+y executed 6
Contra Costa County the same in fit's/her/tAe.r authorized
MyComm:ExpkesJan 2.2007 capacity(-fes), and that by bis/her/their
signature( on the instrument the person.(&) ell, or ;
the entity upon behalf of which the person(-*
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WITNESS my hand and officia al.
<C' Place Notary Seal AboveSi ure of Notary Public IK'7
OPTIONAL
Though the information below is not required by law it may prove valuable to persons relying on the document
r and could prevent fraudulent removal and reattachment of this form to another document.
hi Description of Attached Document
Title or Type of Document:
Document Date: _ Number of Pages:
Signer(s) Other Than Named Above:
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Capacity(ies) Claimed by Signer
Signer's Name:
Individual
To n(
�i Corporate Officer—Title(s):
Partner Limped '_I General
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Signer Is Representing:
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NR05-0001 (Dev No.reference)
EXHIBIT "A"
All that real property situated in the County of Contra Costa, State of California, described as
follows:
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF ROAD NO.20 AND THE WESTERLY LINE
OF LOT 202 AS SHOWN ON THE ABOVE DESCRIBED MAP AND RUNNING THENCE SOUTH 77' 25' 30" EAST, 478.85
FEET ALONG SAID SOUTHERLY LINE OF ROAD NO. 20 TO THE WESTERLY LINE OF THE RIGHT OF WAY OF THE
SOUTHERN PACIFIC RAILROAD COMPANY;THENCE SOUTH 4°06'30"WEST,232.61 FEETALONG SAID RIGHT OF WAY
LINE TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF SAID LOT 202;THENCE ALONG SAID SOUTHERLY LINE
AND THE CENTER LINE OF SAN PABLO CREEK,NORTH 49°06'WEST,43.17 FEET;NORTH 29°06'WEST, 151.80 FEET;
NORTH 64° 51' WEST, 87.78 FEET; SOUTH 67° 09' WEST, 27.72 FEET; NORTH 75' 42' 22" WEST, 229.07 FEET AND
NORTH 57° 06' WEST, 39.60 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 202; THENCE ALONG THE
SOUTHERLY BOUNDARY LINE OF SAID LOT 201 AND THE CENTER LINE OF SAN PABLO CREEK, THE FOLLOWING
COURSES AND DISTANCES: NORTH 57° 06'WEST, 121.44 FEET; NORTH 87° 36' WEST, 100.98 FEET; NORTH 54` 36'
WEST, 171.60 FEET; NORTH 70°06'WEST 67.32 FEET;NORTH 88°06'WEST, 123.42 FEET;SOUTH 65°09'WEST,41.58
FEET;SOUTH 28°24'WEST,51.58 FEET AND SOUTH 48°24'WEST,22.77 FEET;THENCE LEAVING SAID SOUTHERLY
BOUNDARY OF LOT 201, NORTH 4° 06' 30" EAST, 1097.51 FEET ALONG A LINE PARALLEL TO AND 1100 FEET
WESTERLY MEASURED AT RIGHT ANGLES FROM THE WESTERLY RIGHT OF WAY LINE OF THE SOUTHERN PACIFIC
RAILROAD TO A POINT THAT BEARS SOUTH 4'06'30"WEST,1088.61 FEET FROM THE NORTHWESTERLY CORNER OF
THE PARCEL OF LAND DESCRIBED IN THE DEED FROM PARR RICHMOND TERMINAL CORPORATION, A
CORPORATION,TO RHEEM MANUFACTURING COMPANY,A CORPORATION, RECORDED JANUARY 9, 1947 IN BOOK
969 OF OFFICIAL RECORDS,AT PAGE 395;THENCE SOUTH 85'53'30"EAST,PARALLEL TO THE NORTHERLY LINE OF
SAID RHEEM MANUFACTURING COMPANY PARCEL(969 OR 395),1100 FEET TO SAID WESTERLY RIGHT OF WAY LINE;
THENCE SOUTH 4°06' 30"WEST, 1128.84 FEET ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE NORTHERLY
LINE OF SAID ROAD 20;THENCE NORTH 77'25'30"WEST,472.89 FEET ALONG SAID NORTHERLY LINE OF ROAD 20
TO ITS WESTERN TERMINUS AT THE WESTERLY LINE OF SAID LOT 202;THENCE SOUTH 12°39'WEST,ALONG SAID
WESTERLY LINE OF LOT 202, 40.05 FEET TO THE POINT OF BEGINNING.
All of that land described in the deed from Crown Cork & Seal USA, Inc:. a Delaware
corporation, successor by merger to Crown Cork & Seal Company (PA), Inc., a Pennsylvania
corporation to Richmond Land Group, LLC., a California limited liability company recorded and on
file at the County Recorder's Office as follows:
Series Number: 2005-158260
Recorded: 5-4-05
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G:\GrpDatn�EngSvgonns\EXHIBITS WORD`•.EXHIBIT-A.doc
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tev'Au�lstr3(1;_1999
RE: NR05-0001
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 Parr Boulevard for APN 408-082-001, described in Exhibit "A":
1. Approximately 350 linear meters (1150 linear feet) of curb, face of curb located 4.9 meters
(16 feet) from the ultimate right of way line.
2. Approximately 350 linear meters (1 150 linear feet) of 2.0 meter (6-foot 6-inch) sidewalk,
width measured from curb face, built monolithic with the curb.
3. Necessary pavement widening along the frontage of Parr Boulevard.
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. Submit improvement plans to the Public Works Department,Engineering Services Division,
for review; pay an inspection and plan review fee and applicable lighting fee.
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 413 of the
agreement or when either of the following occurs:
1. Parr Boulevard 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.
SG:
G\GrpData\E"gSvc\Slava\NROi-0001 Palecek`•.EXHIBIT-B.doc