HomeMy WebLinkAbout038-84 Town of Danville
542 San Ramon Valley Boulevard
Danville, CA 94526
(415) 820-6337
RESOLUTION NO. 38-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANVILLE
Approving Deferred Improvement Agreement
Along E1 Pintado for Subdivision 6065
Assessor's Parcel No. !97-161-022, 024 & 025
E! Pintado Heights Drive
The City Engineer has recommended that he be authorized to execute
a Deferred Improvement Agreement with Norman E. Holden, as required by the Conditions
of Approval for Subdivision 6065. This agreement would permit the deferment
of construction of permanent improvements along E1 Pintado.
IT IS BY THE COUNCIL ORDERED that the recommendation of the City Engineer
i s APPROVED.
PASSED, APPROVED AND ADOPTED this 7th day of May, 1984, by the following vote:
AYES: Lane, Mc Neely, Offenhartz, Schlendorf
NOES: None
ABSENT: May
ATTEST:
Ci t~,~C1 erk U ~
Originator: Public Works (LD)
cc: Recorder (via LD) then PW Records, then City Clerk
Norman E. Holden
708 E1 Pintado
Danville, CA 94526
BODAN7.t4
Recorded at the request of: ~'~'
CONTRA COSTA COUNTY
,4P/,' l??-161-ozz ozy ~oz~ This box for exclusive use of Recorder.
DEFERRED IMPROVEMENT AGREEMENT
(Project: SUBDIVISION 6065 )
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT itERETO:
CITY OF DANVILLE OWNER: (See note below)
J. Michael Walford ~~~__.__ ....
City Engineer ~
By: NORMAN E. HOLDEN
By:~~z~~~. MARIAN V. HOLDEN
Land Development Division
ACKNOWLEDGEMENT
STATE OF CA[J ~-~[ ~ )
COUNTY OF (]")r~f'4~ (-~O<~T~)
' ' o. TH s F> ODAY oF At !C- 19 B .FO E :HE m ERsIoN D
A NOTARY PUBLIC IN AIN~D FOR THE SAID COUNTY_ AND STATE. PERSONALLY
APPEARED N0'~"~/~lk.~ t"~-. {~OL.-Dt::2C"~ A~NO ,~6~_.jA.~. ~ [-~O~.[)~
PERSONALLY KNOWN TO ME (OR PROVEN TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE) TO BE THE PERSON(S)WHOSE NAME(SSI:---- ~,~-.~'- '
· --T-.~J[~k~ EXECUTEI~ ~RE SAME 7.--..,,' ['1
' J ~.Z__~'"-~'% GORDON R. SCHELL ~ ~.~v~~~
~1 ¥NL?i~%.~J'Y CONTRA COSTA COUNTY ~ ...... ~ ~ ,,; .......... ' ,
· ~ ~'~',~~ M¥Comm Ex~iresAori13 1988 , COUNTY Oh' (. (..)lXLt ~C.t"t, k.. r,_Ji~t
~' .... ' ........." ......' ....... STATE OF 0./:%(--i --}-'~-- ¢q t ~ _
, i~ (This area for official notarial seal.)
1. PARTIES. Effective on /v/~r 7~ fgM~, the City of Danville, hereinafter
referred to as "City" and
hereinafter referred to as "Owner" mutually agree and promise as follows:
2. PLJRPO§E. 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, 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 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 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 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 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 pa3~nents must be made.
5. PERFORMANCE OF THE WORK. Owner shall perform the work and make the pag~ents
required by City as 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 "A" for the cost of such work. If City
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 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 oLher propert-y owners, t'he-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 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 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 improvements specified
in Exhibit "B" which are construct-e~ 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 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
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 (5.83)
t
EXHIBIT "A"
LD-6065
All that real property situated in the County of Contra Costa, State of
California, described as follows:
All of lots I through 5 as shown on Subdivision 6065 as recorded on
, , in Book of Maps, page , on file
at the County Recorder's Office.
EXHIBIT "B"
LD-Subdivision 6065
Improvements required by City of Danville and the City Ordinance Code as a condition
of approval for the above-referenced development are located along E1 Pintado for
lots I through 5, as described in Exhibit "A":
1. Approximately 260 linear feet of curb and gutter.
2. Approximately 4,400 square feet of street paving to pave between the existing
pavement and the curb.
3. Necessary longitudinal drainage.
4. Temporary conforms for paving and drainaqe as may be necessary at the time of
constructi on.
5. Submit improvement plans to the Public Works Department, Land Development Division,
for review; pay an inspection and plan review fee and applicable lighting fee.
6. The 30 inch oak tree within the right of way of E1 Pintado will be affected
by grading and paving within the dripline. A tree expert shall be consulted
to make recommendations for the preservation of the tree, and his report shall
be submitted to the Planning and Public Works Departments, referenced on the
improvement and grading plans, and implemented with construction of the road
widening.
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. E1 Pintado is constructed to its ultimate planned width by the City or by an
assessment district.
2. Frontage improvements are constructed adjacent to the subject property.
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