HomeMy WebLinkAboutRESOLUTIONS - 05152007 - 2007-264 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 May 15, 2007 by the following vote:
AYES: Gioia,Uilkema, Bonilla,
Glover and Piepho
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2007/ 090*"
SUBJECT: Approving Deferred Improvement Agreement along Alderwood Road for
Subdivision 97-08100, (APN 148-270-054),for project being developed by John S.
Herrington and Lois H. Herrington, Walnut Creek area. (District IV)
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with John S. Herrington and Lois H. Herrington, as required by the
Conditions of Approval for Subdivision 97-08100. This agreement would permit the deferment of
construction of permanent improvements along Alderwood Road which is located near Treat
Boulevard in the Walnut Creek area.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
I hereby certify that this is a true and correct copy of an action
KD:vz taken and entered on the minutes of the Board of Supervisors
G:\EngSvc\BO\2007\05-15\BO-12 SD 97-5100.doc on the date shown
Originator: Public Works(ES) n
Contact: S.Gospodchikov(313-2316) ATTESTED: /yaV
Recording to be completed by Title Company JOHN CULLEN,CVk of the Board of Supervisors and
cc: Current Planning,Community Development
Old Republic Title Company County Administrator
2001 North Main Street,Suite 500
Walnut Creek,CA 94596 By Deputy
Attn:Dawn Cobral 7-'
RESOLUTION NO. 2007/ ��T'
r
Recorded at the request of:
Contra Costa County
Public Works Department
Engineering Services Division
Return to:
Public Works Department
Engineering Services Division
Records Section
Area: Walnut Creek
Road: Alderwood
Co.Road No: Private
Project: SD 97-08100
APN: Ale-2.70`OFY
DEFERRED IMPROVEMENT AGREEMENT
(Project: SD 97-08100)
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See note below)
Maurice M. Shiu, Public Works Director John S. Herrington and Lois H. Herrington
By: C/ ;,` (9igmum . IT rQ'Z�--L
RECOMMENDED FOR APPROVAL:
By. � (918f18t11rC1 /
t
Engineering S ices Division
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 5 �S the County of Contra Costa,hereinafter referred to as"County"and John S.
Herrington and Lois H.Herrington 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. 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.
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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 work 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 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 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 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" which 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 maybe 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. 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 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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G:\GrpData\EngSvc\tany Gossett\2006\FebmTy\SD 8100 AG-12.doc
Rev.April 6,2000
i/
SD 97-08100
EXHIBIT "A„
All that real property situated in the County of Contra Costa,State of California,described as
follows:
All of Lots I through 6 as shown on the final map of Subdivision 97-08100, on file at the
County Recorder's Office as follows:
Date:
Book:
Page:
LG:=
GAGrpData\EngSJc\iarry Gossett\20061Feb=ry\SD 8100 EXHIBIT-A.doc
1
RE: SD 97-08100
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 Alderwood Road for Parcels Lots 1 through 6, described in Exhibit "A":
1. Approximately 600 square feet of shoulder backing,the west edge being located 14 feet from
the center line of the existing Alderwood Road easement.
2. Approximately 1800 square feet of street paving to pave between the existing pavement and
the edge of the shoulder backing(See Item#1 above).
3. Necessary longitudinal and transverse drainage.
4. Temporary conforms for paving and drainage as may be necessary at the time of
construction.
5. 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 4B of the
agreement or when either of the following occurs:
1. Alderwood 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 time that the"pro rata basis"of costs, as specified in Item 4B of the agreement,
shall mean that the owners of each parcel shall pay 1/6`h of the costs.
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GAG,pDataEngSvc\arty Gossett\2006\Febr ry\SD 8100 EXHBrr-B.doc
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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❑personally known to me VVV
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to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
WDNAVOMPA the same in his/her/their authorized
Commission# 1564015 capacity(ies), and that by his/her/their
_® Notary Public-California , signature(s) on the instrument the person(s), or
solanoCounty the entity upon behalf of which the person(s)
My comm.Expires Mar 25,2004 acted, executed the instrument.
WITNESS my hand and official seal.
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Signature of Notary Public I
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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 -
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ,�ERyL a t RQ�OVEmf_w— A6WEtA 1)'(—
Document Date: Number of Pages:
Signer(s)Other Than Named Above: �K rgtyL_0 Q k-Ar,&A r =6TA.
Capacity(ies) Claimed by Signer
Signer's Name: t4olS—_{ P-HRtN�o�N
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❑ Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General
❑ Attorney-in-Fact
,X Trustees
❑ Guardian or Conservator
❑ Other:
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Signer is Representing; SELF �
01999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•w .NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827