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Home My WebLink AboutMINUTES - 06202006 - C.27 41 C/ ZA 51 TO: BOARD OF SUPERVISORS, AS GOVERNING �t� ` '-'O� Contra BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION �` l '+ Costa DISTRICT County has' �Av FROM: MAURICE M. SHIU, CHIEF ENGINEER a coozi DATE: June 20, 2006 SUBJECT: Approve and Accept Temporary Construction Easement from FW CA-Pleasant Hill Shopping Center, LLC to Contra Costa County Flood Control and Water Conservation District to construct a truck turn around area, Pleasant Hill area. [CDD-CP-05-30] (District IV) Project No.:7520-6B9354-06 Task: ACQ Acct: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: A. APPROVE and ACCEPT the Temporary Construction Easement dated May 30, 2006 from FW CA-Pleasant Hill Shopping Center, LLC (Center) allowing Contra Costa County Flood Control and Water Conservation District(District)to enter onto Center's property for the purpose of constructing a truck turn around area for the 2006 Desilt Grayson Creek Project from July 17, 2006 to October 20, 2006. B. AUTHORIZE the Chief Engineer of the Contra Costa County Flood Control and Water Conservation District, to execute the easement on behalf of the District. C. APPROVE payment of$1,000.00 for said property rights and AUTHORIZE the Auditor-Controller to issue a check in said amount payable to FW CA-Pleasant Hill Shopping Center, LLC. 1850 Mt. Diablo Blvd., Suite 225, Walnut Creek, CA 94596. D. DIRECT the Real Property Division to cause said executed easement to be deli v re o Grantor. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _7-`APPROVE OTHER SIGNATURE(S): ACTION OF BbAD ON UPROVED AS RECOMMENDED OTHER VOTE SUPERVISORS UNANIMOUS(ABSENT) �' I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. G:\Rea1Prop\2006-Files\BOs&Res 06\06-20-06 BO Grayson Creek-TCE.doc '-• DK:lad:je ATTESTED:-✓677 Orig.Div: Public Works(R/P) JOHN CULLEN, Clerk of the Board of Contact: David Kramer(3-2227) Supervisors and Coun Administrator cc: County Administrator Auditor-Controller(via R/P) P.W.Accounting By — L Bergeron,Computer Services Deputy Grantee Flood Control SUBJECT: Approve and Accept Temporary Construction Easement ,from FW CA-Pleasant Hill Shopping Center, LLC to Contra Costa County Flood Control and Water Conservation District to construct a truck turn around area, Pleasant Hill area. [CDD-CP-05-30] (District N) DATE: June 20, 2006 PAGE: 2 Fiscal Impact: Payment of$1,000.00 will be paid from Flood Control Zone 3B funds. Reasons for Recommendations and Backiround: Grayson Creek in Pleasant Hill needs to be desilted. Large trucks will be used throughout this project and additional space is need adjacent to the creek's access road for these trucks to turn around. Center's property is adjacent to the access road and has enough room for a turn around area. Center has agreed to allow the District to use its property for the truck turn around area for a nominal fee of $1,000.00. Environmental clearance has been obtained through document#CP-05-30, approved by the Board on May 2, 2006, and was posted on May 4, 2006 as a Mitigated Negative Declaration. Consequences of Negative Action: The Project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement Agreement (the "TCE") is made and entered into this day of qq , 2006, by and between FW CA-Pleasant Hill Shopping Center, LLC, a Delaware limited liability company ("Grantor.") and Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California ("Agency"). Grantor and Agency are hereafter collectively referred to as "the parties." WHEREAS, Grantor is the owner of that certain real property, and all structures and improvements thereon, located at 560 Contra Costa Boulevard, Pleasant Hill, California, known as Pleasant Hill Shopping Center and as more particularly described on Exhibit A (the "Property") WHEREAS, Agency desires to establish exclusive temporary easement rights over and across a portion of the Property and Grantor is willing to grant to Agency such easement rights upon the terms and conditions hereinafter set forth; NOW, THEREFORE, for and inconsideration of the mutual covenants contained herein, and for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The above recitals are hereby confirmed as true and correct and reaffirmed herein. 2. Grantor does hereby grant, create and establish for the benefit of Agency a temporary easement under, over, across and along that portion of the Property more particularly described on Exhibit B attached hereto and made a part hereof(the "Easement Area"). 3. The Easement Area shall be used by Agency only for the construction of a truck turn- around area(the "Improvements") for a period commencing July 17, 2006 and I terminating on October 20, 2006 (the "Termination Date"). On or before the Termination Date, Agency shall return the Easement Area and any areas used for ingress, egress and construction to its original condition. 4. Agency's use of the Easement Area shall not materially interfere with ingress and egress to the Property or the use and quiet enjoyment of the Property by Grantor, its employees, tenants, invitees, contractors or representatives. Utility services to the Property shall not be interrupted during Agency's use of the Easement Area. 5. In consideration of this TCE, Agency shall pay to Grantor the sum of One Thousand and No/100 Dollars ($1,000.00)prior to commencement of the TCE. 6. The Agency agrees to defend, indemnify and hold Grantor harmless from and against any and all claims, actions, causes of action, demand, liabilities, losses or damage of a civil nature or asserted in a civil proceeding or alternative dispute resolution for personal injury (including death) or property damage occurring after the execution of this TCE and v arising out of the use of the Easement Area for purposes described herein, provided however, that the Grantor shall not be indemnified or held harmless from liability caused by intentional, wrongful or negligent acts of Grantor or its agent, officers or employees occurring or originating outside the Easement Area, or by the intentional wrongful acts of Grantor in the Easement Area, or by the acts of Grantor which would violate the terms and conditions of this TCE. 7. This WE shall not be modified, rescinded or amended in whole or in part, except by an instrument in writing. This TCE shall be binding upon and inure to the benefit of Grantor and Agency, and their respective successors and assigns. 2 IN WITNESS WHEREOF the parties he et ha xecuted this TCE as of the date set forth next to their respective signatures as follows: "OWNER" FW CA-PLEASANT HILL SHOPPING CENTER, LLC, A Delaware limited liability company By: FW MCW-Reg 1I Holdings, LLC, a Delaware limited liability company, its sole member By: Macquarie CountryWide-Regency 1I, LLC, a Delaware limited liability company, its sole member By: Macquarie-Regency Management, LLC, a Delaware limited liability company, its managing member By: Regency Centers, L.P., a Delaware limited partnership, its managing member By: Regency Centers Corporation, a Florida corporation, its general partner By: Its: rte mom, , Date: "AGENCY" Contra Costa County CONTRA COSTA COUNTY Recommended for Approval FLOOD CONTROL AND WATER CONSERVATION DISTRICT B4rinci4pallgoperty gent aurice M. Shiu Chief Engineer 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California r ss. County of MA—rC�- L'I Z� On before me, Awilmn Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Eft.tQ . , Name(s)of Signer(s) ❑❑ personally known to me ''proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed 11111116 to the within instrument and acknowledged to me that AUTUMN R.SKERSIQ he/she/they executed the same in his/her/their CommBston#t 1536126 authorized capacity(ies), and that by his/her/their Notaiv Pubft Catltomlasi natures on the instrument the person(s), contra costa county[Q � g ( ) ihp ( ), or the MVComm.EXiaesDOC 18,2008 entity upon behalf of which the person(s) acted, executed the instrument. WITN.ESS my h��a(nd and official seal. Place Notary Seal Above 1 A}— L`�k -6)yy "+r' Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Attorney In Fact .Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 Sy t vS a1, n, ,�\..�Ste,'�1 t'4�'twi �rxs� lt.,..e. 2 .. • �y�qY�t Sut;i oil � ..- sS � }t, 1 ?n k 3 � MEN �i,t ,t' Y/ Y ,�v'{,'�,�r-'tte'� 4�� t r 4 k r" �y,41j'y,• N4 IN, ,�P�' t�yyyw�4`y'S•,��+:a rr�+"' ,�`t;}�„�'' �3L ��f U j�-4 � •- !gC§L5* }t VA JIM 4 a x 1 Li �? �-� �r"t � 1: tri r4 '��,�t.i�': �,1�}-�.•,�1 l .. 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