HomeMy WebLinkAbout101-83 DANV L
Town of Danville
542 San Ramon Valley Boulevard
Danville, CA 94526
(415) 820-6337
RESOLUTION NO. 101-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANVILLE
Approving Deferred Improvement Agreement Along
Railroad Avenue and School Street for DP 3047-82
Railroad Avenue at School Street
The City Engineer has recommended that he be authorized to execute
a Deferred Improvement Agreement with Clarence W. Roen and Shirley M. Roen,
as required by the Conditions of Approval for DP 3047-82. This agreement would
permit the deferment of construction of permanent improvements along Railroad
Avenue and School Street.
IT IS BY THE COUNCIL ORDERED that the recommendation of the City Engineer
i s APPROVED.
PASSED, APPROVED AND ADOPTED this 19th day of September, 1983, by the following
vote:
AYES: Lane, May, Mc Neely, Offenhartz, Schlendorf
NOES: None
ABSENT: None y~~~
MA
ATTEST: ~i~~le~rkJ /~.. /-~/~.=
Orig. Dept.: Public Works (LD)
cc: Recorder (via LD) then PW Records, then City Clerk
Clarence W. & Shirley M. Roen
5g La gerena Ct.
Alamo, CA 94507
BODAN919.83
~ecorded at the request
CONTRA COSTA COUNTY
/Of- i?' 3
This box for exclusive use of Recorder.
DEFERRED IMPROVEMENT AGREEMENT
(Project:
D-3047-82
)
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CITY OF DANVILLE
OWNER: (See note below)
J.Michael Walford
City ~g~?JJA.---..../ "
By: W~~
roo;~:::p (a) ~
RECOMMENDED FOR APPROVAL:
~!!t .
By: \. ~f4
Land Developmen Division
Shirley M. Roen
~1~ (rr-l, e~
\
(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 Corp-
orations Code 5313.)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
State of California
County of Contra Costa
)ss ACKNOWLEDGMENT (By Individual, Partnership
) or Corporation)
Clarence W. Roen
The person(s) signing above for Project No. D-3047-82 Shirle~ M. Roen ,
known to me in individual and business capacities as stated, personally appeared
before me today and acknowledged that ~i~R2/they executed it, and acknowledged to
me that the partnership named above executed it or acknowledged to lYE that the corporation
named above executed it pursuant to its bylaws or a resolution of its board of din ctors.
Dated:
April 19. 1983
chr' tina J. Rustin
Name Typed or Printed
r~....n.......nn.....n'''''''I'''''''''''''II''!
i '-'. CHRISTINA J. HUSTiNG::
i.... . NOTARY PU8UC-CA'-'FORI\:IA~
= PRINCIPAL m::iCE:N fi
'CONTRA COSTA COUNTY::
MV Commission Expires Jan. 11,1985 =
(Th !r~':f'-,manWl"P'1'!14.~......~."i1i sea 1 . )
* * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * *
on
, th e City of Danvi lle, hereinafter
2. PURPOSE. Owner desires to develop the property he owns as described in
Exhibit "A" attached hereto and wishes to defer construction of permanent improvements,
and City agrees to such deferment if Owner constructs improvements as herein promised.
3. AGREGiENT BINDING ON SUCCESSORS IN INTEREST. This agreement is an instrlJfT1ent
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 City and
the real property or interest therein which constitutes the City street 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.
4. STREET AND DRAINAGE IMPROVEMENTS:
A. The improvements set forth in thi s section may be deferred by Owner
and shall be constructed when required in the manner set forth in this agreement.
This deferred improvements required by the City 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 the City Engineer 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 obl igated.
to pay a pro rata share of a cost of a facil ity 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 City sas set forth herein or as modified by the City Council. Owner
shall cause plans and specifications for the improvements to be prepared by competent
persons legally qualified to do the work and to submit said improvement plans and
specifications for approval prior to commencement of the work described in the notice
and to pay City inspection fees. The work shall be done in accordance with City
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 City Engineer and to notify the City 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, City may, at its option, do the
work. A lien is hereby created on all property described in Exhibit II A" for the
cost of such work. If City sues to com;>el performance of thi sagreement, 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 City 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 City or its
contractor as may be necessary to construct the improvements covered by this agreement.
6. JOINT COOPERATIVE PLAN. Upon notice by City, Owner agrees to cooperate
with other property owners, the City, and other public agencies to provide the improve-
ments set forth herein under a joint cooperative plans including the formation of
a local improvement district, if this method is feasible to secure the installation
and construction of the ilTPi>rovements.
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 te requirements by the City
Council. The decision of the City Council shall be binding upon both City and Owner.
8. ACCEPTANCE OF IMPROVEMENTS. City agrees to accept those in~Drovements specified
in Exhibit "B" v;hich are constructed and completed in accordance with City standards
and requirements and are installed within rights of way or easements dedicated and
"~ accepted by resolution of the City Council.
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 City 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 City approval of improvement plans, Owner may be required
to execute and deliver to the City a faithful performance bond and a payment bond
in an amount and form acceptable to City to be released by the City Council 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 City.
11. INDEMNITY. The Owner shall defend, indemnify and save harmless the City,
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 orindirectly employed by any of them, or arising in any way from work called
for by thisagreement, on any part of the premises, including those matters arising
out of the deferment of permanent drainage facilities or the adequacy, safety, use
of non-use of temporary drainage facilities, or the performance or non-performance
of the work. This provision shall not be deemed to require the Owner to indemnify
the City against the liability for damage arising from the sole negligence or willful
misconduct of the City or its agents, servants, or independent contractors who are
directly responsible to the City.
LD.AG.12MDAN
A
D.P. 3047-82 D.I.A.
EXHIBIT "A"
All of those parcels of land described in deeds to Clarence W. Roen and Shirley
M. Roen recorded December 5, 1980 in Book 10117 at pages 340 and 343 of Official
Records of Contra Costa, California.
EXCEPTING THEREFROM:
Beginning at the most southerly corner of "Parcel One" (10117 OR 343); thence
from said point of beginning along the southwest line of said "Parcel One"
North 530 04' 00" West 19.89 feet to a point of cusp; thence leaving said
southwest line easterly along the arc of a tangent curve concave to the north,
having a radius of 20.00 feet, through a central angle of 890 41' 00", an
arc distance of 31.30 feet to a point of cusp on the northwest line of School
Street as shown on said "Map of Danville" (C M 47-1/2); thence along said
northwest line South 37o !5' 00" West 19.89 feet to the point of beginning.
ex.3047.82.t7
EXHIBIT "B"
LD-DP 3047-82
Improvements required by City of Danville and the City Ordinance Code as a conditio,,
of approval for the above-referenced development are located along Railroad Avenue
and School Street for the parcel as described in Exhibit "A":
1. Approximately 240 linear feet of curb and gutter.
2. Approximately 240 linear feet of 6-foot 6-inch sidewalk, width measured from
curb face, located 10 feet from the widened right of way line.
3. Approximately 240 linear feet of street paving to pave between the existing
pavement and the curb.
4. Necessary longitudinal and transverse drainage.
5. Temporary conforms for paving and drainage as may be necessary at the time of
construction.
6. Submit improvement plans to the Public Works Department, Land Development Division,
for review; pay an inspection and plan review fee and applicable lighting fee.
Relocation of Utilities
Any necessary relocation of utility facilities shall be the responsibility of the
owner or his agent.
City's Responsibility
City furnished engineering will consist of preliminary design of street grades and
drainage, if on file.
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. Railroad Avenue and/or School Street are constructed to their ultimate planned
width by the City or by an assessment district.
2. Frontage improvements are constructed adjacent to the subject property.
ex3047.82.825.t8