HomeMy WebLinkAbout2808il
i~
,~
` ORDINANCE NO. 2808
I AN ORDINANGE APPROVIl~IG A DEVEL:OPMENT AGR~T FaOR
I C~RTAIN REAIl PROPFRTY L~C`AZFD VVF~T OF STA'IE HIGHWAY 70
APPROXIMA.'III.,Y 1 NIltE ~.,TII~ OF THE PALFI~M4 R~.AD~iWAY
70 ~N; AND APPROXIlVIATELY 354 FE~I' EASI' OF THE
~ FEAT~R RIVER.
2 The Board of Supervisors of the County of Bu#te, State of
3 Caiifornia, under and pursuant to Chapter 24-29 of the Butte County
4 Code of said County, D4 ORDA~N, as foliows:
~ SECTION 1. "T~at ~he Deve~opment Agreement with Rabinson
s and Sons in the form attached hereto as E.~chibit "A" and incorporated
7
herein by this reference is appraved, this Board having found that
8
the provisions of the agreem~nt are consistent with fhe Butte Counfy
9
General Plan.
10
SECTION 2. 'I'he Chai~man is authorized to exec~te the
1 ].
12 Development Agreement in the form attached.
1~ SECTION 3. Following complete ~xecution of the
14 Development Agreement, the Clerk of the Board of S~pervisors shall
1~ cause a copy thereof to be recorded with the Butte County Recorder.
~6 SECI'Y~N 4. This Ordinance shall be and it is hereby
~'7 declared to be in full force and effect from and after thirty (30)
18
days after the date of its passage, and before the expiration af
19
~ifteen (~5} days after i#s passage, this Ord~nance sha11 be
20
published once with tk~e narnes of the members of the Board of
21
22 Supervisors va#ing for and against rt in fhe p~o~-~-~'~~ ptercr~~Y~~ a
2~ newspaper published in the Coun#y of Butte, State of Californ~ia.
24 PASSED AND ADOPT`ED by the Board of Supervisors of the
25
28
~
2
3
4
~
s
7
8
9'
10
1Z
12
13
~.4
15
~.6
L7
~.s
rs
20
2~
22
23
24
25
26
Caunty of Bu#te, Sfate of Californi~a, an the 9~h ~~.Y flf January ,
i930, by the following ~ate:
AYES: Supervisors McIr~turf, ~olan, Vercruse, Fulton and Cha3rman McLaughl~n
NOES: None
ABSENT: ~Ione
-
NOT VOTTNG: ~1one
~
~~
ED MCLAUG , CHAIRMAN
But#e County Baard of Supervisors
ATTEST: WILLIAM H. RANDOLPH, Chief Ad~ini.strative
Officer and Clerk of the Board
By ~
Pub~~cat7on Date: February 26, 1990
Effec~~ve ~ate: March 28, 1990
DEVEL4PMENT AGREEMENT
THIS AGREEMENT is made and entered into this 9th day of
January, 1994, befween Robinson and. Son, (hereinafter referred to as
"Property Qwner"), and the CDUN'I'Y OF BUT'I'E, a political subdivision,
organized and e~ti~s#ing under the laws of the State of Califox~nua
(hereinafter referred to as "Co~nty").
A. Ca~ifornia Government Code §G5865 provides that
any County rnay en#er in#o a development agreement with any person having
a Iegal or equitable interest in real property for the develop~n~nt of such
property. Every Coun#y may, by resoiution or ordinance, establish
proceduxes and requirements for the consideration of development
agreemen#s upon applicatian by, or on behalf of, the property owner or
other persan having a legal ox equitable interest in the property.
B. Caunty has adopted r~les and regu~ations
es#ablishing procedures and requirements far consideration of
development ag~'eements, and Property Owner has request~;d County ta
consider entering in#o a develapment agreement p~zrsuant to County's r~les
and regulations.
C. The Bu#te County Board of Supe~rvisors nas
found that the development agreement is consistent with the Bu#te County
~
CJ _ , . ^ . _ n \ i ._ :In ~r-in,
General Plan; and
D. Qn January 9, 1990, the Board of Supervisars
of Caunty adopt~d Ordinance No. 28~8 approving fhe developmen# agreement
with Property Owner and #he ordinance thereafter took effect on Marc~ 28
1990.
NOW, THEREFORE, the parties hereto agree as fotlows:
I. Definitions. ~n this Agreement, u~iless th~ context
otherwise reqviXes:
A. "CoUnty" is the County af Butte.
B. "Projecf" is the develapment approved by fhe County.
C. "Property Owner" means #he person having a legal or
equitable interest in th~ reat praperty as described in
Paragraph 2 and includes the . Property Owner's successor
in interesf.
D. "Real Property" is the real property re~'erred to in
Paragraph 2.
~Y. Descr~tion of Real Propert~ The real property which is the
subject of this Agreemen# is described in Exhibit "A" attached hereto and
incorporated herein by this reference and also includes the off-site haul
raads.
II~. Ynterest af Pro e pwneY. Property Qwner represents that he
has a legal interest and/or equitable interest in the real property.
2
i
IV. Assignment. The rights of the Properiy Owner under this
Agreemenf may not be transferred or assigned uniess fhe wz~tten cansent
af the County is first obtained.
V. Bindin~ Effect of Agreement. The burde~ns of tl~is Agreement
bind and the benefts of this Agreement inure to fhe successars i~
in#eres# to the parties to it.
VI. Relatianshi of Parties. It is ~nderstood t~,a# the eantracfual
rela#ior~ship between the Couniy and Property Owner is s~ch that the
Property Owner is an independent cantractor and not the agent of the
Cnunfy.
VII. Coun s A roval Proceedin s for Pro'ect. On January 9, 1990,
the County approved a rezone for the property. Said amendment and rezone
are contained in File 89-43A and B, on file in the off ce of the Planning
Department.
VITI. Changes in Project. No change, ~nod'zf cation, re~ision or
altexation may be made in this development agreement without review and
approval by those agencies of the Couniy approving this development
agreement in the ~rs# instance. A change, mod'aficatior~, revision or
alteration in this develnpment agreement is not effective until the
parties amend this Agreement to incorporate it.
IX. Estahlishing Use and_Progress Reportin
A. Pra ss Re arts unti! construction of Pm'ect is Cam lete.
3
Property Owner shall rnake reports af the p;rogress in such
detail and at such ~ime as t~e Planning Commission of the
County reasanably requests.
B. EstabIishment of Use.
For the purposes af compliance with this Agreement, the
Coun~s orc~inances, as we~I as fhe related Use Permit,
Mining Permi~ an~. Reclamatian Plan, the use sha:ll be
deemed esfablished, if within one year of the date of
issuar~ce of said Use Permit, property owner has:
(1) Qbtain~d required State permits.
(2) Prior to Butte Couniy signing the Use Permit and
Mining Permit, submitted ~~e performance bond required in Section XN.
(3) Submitted a performance bond to be held until the
site is completeIy reclaimed and applicant has applied far a General PZan
Amendment to Public and Rezone to Resource Cos~servation.
(4) Secured approved of a GeneraC Plan Amendsnent to
Industrial, Rezone to M-2, and Development Agreement prior to valic€ation
of the Mini.ng Permit.
X. Eff'ect of Transfer of Real Propert~___t_o_Another .~'urisdiction.
If alt Qr a portion of the real praperty which is the subject of
the Agreemenf is annexed to or o~herwise becomes a part of a City or
another County, #hzs Agreement #erminates. ,
4
XS. Ho~d Harm~ess. Properfy 4wner agrees to and shall hold the
County, its off cers, agenfs, employees and represen#atrves hazmless from
liabiliiy for damage or claims for damage for personal injury, incl~ding
deatE~ and claims for property damage which may arise ~orm the direct or
indirect actions of the Property Owner or those of his contractor,
subconfractor, agent, employee or other person acting on his behaif vc~hich
relate to the Project. Property Owner agrees ta and shall de~end the
County and its offc~rs, agents, employees and representatives from
actions for damages caused or alleged to have been caused by reason af
Praperty Owner's actioris which relate ta the Project.
This hald harsnless agreement applies to all damages and claims
for damages suffered nr alleged to have been suffered by reason of the
actions refer~red to in this Sectio~ XI, regardless of whether or not the
county prepared, supplied, or approved plans or specifications or both
for the Project and regardless of whether or not the insurance policies
referred to ~n Paragraph 12 are app[icable.
Praperty Own~r further agrees to indemnify, hoid harmless, pay
al1 costs and provide a defense far County in any action chailengirrg #he
validity of the deveiopment agreemen#.
XTT. ~nsurance.
Before beginning work on the Projec#, Praperty Qwner shali
obtain the insurance req~ired under this -, paragraph and receive the
approval of the Butte County Counsel as to form, amount and carrier.
5
Property Owner sha11 maintain the insurance at all times during the ter;n
of ~hxs Agreerr~ent. The insurance shall extend to the County, its elective
and appoin#ive boards, commiss~ons, offcers, agents, employees and
represen#atives and to the Prop~rty Owner.
A. Worker's Campensation Insprance.
Property Owner shail require Worker`s Cornpensation insuranee
for all persons employed at the site of the Project. Properiy Owner shal~
require each con#ractor and subcontractar similarly to provide Warker`s
Campensa#ion inst~rance for their respec#ive employees. Property Ovc+ner
agrees #o indemnify tE~e County ~o~ damage resulting from his failure ~o
take out and maintain such insurance.
B. Public liabilitv and property damage insurance.
Property 4wner shall maintain pubiic liabili~'}r inisurance in an
amoun# no~ Iess #han $1,040,OQ0.00 for injaries (incl~ding deafh) to any
one person and, subject to the same limait for each person, in an amount not
less than $3,000,OOO.UO on account of any one accurren~e; and prope~rty
damage insurance in ~he amount of not less than $500,OOOAO for damage to
the property of each persost on account o~ any one occurrence.
C. Evidence of Insurance.
Property Owner sha~l furnish County before beginning work on
the Praject satisfactory e~idence of #[~e insurance required and evidence
that the carrier is cequired to give the County at least 30 days prior
written natice of the cance~la#ion or reduction in cflverage of a~o~icy.
6
XII~. ,$pecific Restric#ion on De~velopment of Real Propert~
In addition #a zoning classifcafion, the following specific
restrictions shall also govern the use of the praperty:
A. Permitted uses axe as follows
~ (~) Mining, removal and storage of aggregate.
(2) Accessory uses necessary ta suppox-t m;ning and
remova~ activities sucf~ as equipment storage,
welding and scales.
B. Site requirements are those listed in Sections 24-33 and
24-1~7 of the But#e County Zoning Code as in exisfence on the date of ~his
Development Agreement.
C. Prior to commencement of mining operations, obta.in pernuts
from tl~e fo~lowing agencies and meet their req~irements or submit proof
the agency has waived the permit req~irements:
l. Butte County Mosquito Abatement District.
2. B~tte Caun#y Environmental Health.
3. State Reclamation Board.
4. Butte Cou~ty Aar Pollu#ion Controi District. ~
5. Bu#te County Department of Pubtic Works.
5. Bu#te County Fire Departrr~ent.
D. Pond wall slopes to be engineered to ensure slope sfabi3iiy
depending on the material comprising the pond wall, but in no case skzall
slopes b~ greater thart 2:1.
7
E. Engirteer ponds #a carry the design capaci#y plus 100-
y e a r
rain~al~.
F. No floccula~ts permi#ted.
G. Reve~etate site with riparian species under the directian
of The Department of Fish and Garne. Various riparian tree species to be
pIanted on 25-foat centers. Revegeta#ion program #o be inspected year~y
for at least an 80% survival rate. The plantings for th~ following year
are to be adjusted either up to cover non-s~trvivors or down if native
species naturally revegetate.
H. La.yout of the ponds tn be in accardance with the site plan
contained within the Mining Permit (shows a 100-foot wide b~ffer area).
Tn addi~ion, rock, #rees, and other vegetatian wiihin 50 feet of the
easterly toe of the tailings are to be retained or the extra 50 foot area
will be ~sed for pond dike area and replanted.
I. AIl equipment to be equipped with rnufflers or other devicEs
#o minimize naise.
J. AlI trees and vegetation taken out are to be removed from
the project area.
K. The shoreline of the iarge ponds to be construc#ed and
maintained in such a way as to prevent any shallow vegetated areas that
wauld aliow mosqurto breeding, etc. {see initial study) •,
$
L. Hours of operation including maintena~ce af equipment and
hau~ road operatiozas from 5:04 a.m. to 9:40 p.m., Monday through Sa#~rday,
and may be extended if a locat emergency is declared by the Baard af
Supervisars.
M. No blasting wi1I be a~lowed.
N. Applicant must also comply wi~h all other applicabte State
and Iocal statutes, ordinances, and reg~la#ior~.
XV. Public Tmprovements. Facilities and Services.
Praperty Owner agrees to provide the ~o~lawing public
improvemen#s, facilities and ser~ices:
A. Prior to Butte County signing ~he Use Pernvt and MaEning
Permi~, applicant to submz# a$25,000.00 perfo~-ance bond ta guarantee
the conditions of the Mining Perr~it and Reclamafion Plan through the life
of the pro,~ect, The pe,rfo~mance bond shall be reviewed bi-annually and
may be increased or decreased in accordance with the Engineering News
Record Construction Cost index (ENRCCI}.
B. Performance Bond to be heId until the site is completely
reclaimed and applicant has applied for a General Plan Amendment to Public
and Rezane to Resource Conservation.
C. Access ~road to be subgraded w~th apprap~riate aggregate base
in accordance with t~e Department of Public Warics specificatians.
XVI. Effect of Agreement on La.nd Use Re~ulations:
9
The rules, regula~ions, and afficial policies governing
permi#ted uses of the property, #he densiiy of the use oaF the real
property, the design, improvements and cons#ructian standards and
specifications applicable to developm~nf the real praperty are thase
ruies, regulations and official policies in force at the #ime of the
execution of thits Agreement.
This Agreement does not prevent the County in s~bsequent acfiions
applicable to the real property from applying new rules, ~-egulatzons and
policies which do not confiict with those rules, regulatians and policies
applicable to property in effect on the date of tkte adopfion of this
de~elopment agreernent. This Agreement does not prevent the Co~tnty from
denying or conditionally appraving any subsequent development project
application on the basis of exis#ing rules, regulafions and policies.
XVII. Periodic Review of Co~n liance with A eemen#.
A. The County shall seview this Agreement at 3east once every
#welve-month pEriod frorn tE~e date tktis Agreement is executed.
B. During each periodic review by ~he County, fhe Property
Owner is required to demonstrate good faith compliance with the t~rms of
the Agreernent. The Property Owr~er agrees to furnish such evidence nf good
fait~ compliance as the County in t~e exercise af its discretion may
require.
C. During the periodic r~~iew at the end of the forty-ninth
year, the parti~s shall co;nsic~er an extension of the term of this
10
Develapment Agreement
XVIII. Aan~n~ment or Cancellation of Agreement.
T~vs Agreem~nt may be amendad or cancelled in whole or in part
only by rnutual consent of the parties and in the inanner providec~ for in
Government Code S~ctions b58b7, 65567.5, G58b8, and 65869.5 as amend~d
from time to tisne.
XIX. Enforcemez~t.
Unless amended or cancelled as provided in Paraga-aph XVIII,
this Agreement is enforceable by any party to i~ regardless of any change
in the appticable general nr specafic plan, zoning, subdi~isian oar
building regtxlations adopted by the County which alter or amend the rules,
regulations or policies governing pernutted uses of the iand, density,
design, impro~ement and cc~nstruc#ion s#andards and specif cations.
XX. Events of Defau~t.
Property Owner is in default under ttiis Agreement upon #he
happening of one or more of t~e following events ar conditians:
A. If a material wars~anfy, representa~ian or statement made
or furnished by Property Owner #o tt~e Cous~ty in cannection with the
Praject is false or proves to have been false in any material wl~en it was
made.
B. A finding and detersnination by #I~e County made fnll~wing a
periodic review under #he procedure provided foc in government Cade
Section 65$65.1 that upon tk~e basis af substantial evidence the Property
11
awner has not carnplied in good ~aith wi#h one or more of the ternis or
conditions of this Ag,reement.
XXI. Procedure upon_ Defau3#.
A. Upon #he occurrence of an event of default, the County may
terminate ar amend this Agreement in accordance with the procedure
adopted by the Caun#y.
B. Co~nty does not waive. by implication any claim or d~fect
in performance by Property Qwner if, an periodic review, the Cour~ty does
not propose to modify or terntinate the Agreemen#.
C. Non-per~armance sl~all no# be excused because of a failt~re
of a third person.
D. That adoption of a law or other government activity maicing
performance by the applicant unprofitable or more difficuit or more
exper~ive does nat excuse the perfonnance of the obligatian by the
Prnperty Owner.
E. Non-pe~armance shail be exc~sed anly when it is preventec~
or delayed by acts of God or an emergency dectared by the President or
Governor.
XXII. Damages upon Terrninatian.
In na event shall Property Owner be entitled fo any damages
against Counfy upon termination of #his Agreement.
XXIII. Attornevs Fees a~d Costs.
12
Tf legal action by eifher party is braught because of breach af
this Agreement or to enforce a provision of this Agreem~n~, the prevailing
party is entitEed to reasonable attorneys fees and court casts.
XXTV. Fa~m.
In ~he event of any Iegal proceedings of any na~ixre, a11
parties agree the only farum with jurisdictian is ~e Butte County
Superior Court, lacated in ~rovil3e, California.
XXV. Notices.
A11 notices required or provided far under this Agreernent shall
be in writing and delivered in person or sent by cex-tsfied mail, postage
prepaid. Notices required ta ~e given #o County shall be addressed as
follows:
Caun#y Adrr~snistrative Office
25 Cflun#y Center Drive
Oroville, California 95965
Notices required to be given to Property Owner shall be addressed as
follows:
Dennis Robinson
% Robinson Cons#tuction Co., Inc.
4714 Pacific Heights Road
Qro~ille, CA 95965
A party may change the address by giving notice in writing to the
other party and thereafter notices sha11 be addressed and #ransmitted to
t~e new address.
XXVI. Rules of Canstructian and MiscelIaneous Tet~ns.
A. The singular ~inciudes the plural; the mascutine gender includes the
~3
femin~ne; "shall" is mandatory, "may" is permissive.
B. ~~' a part of #his Agreement is held ta be invalid, t~e r~mainder of tF~e
Agreement is not affected.
C. If there is mare than ane signer of this Agreemer~t their ahligations are
joint and sev~rai.
D. Ti~e time limits set forth in this Agreement may be exter~ded by mutuxl
consent af the parties in accardance with t~e procedures for adoption af an agreemen#.
XXVII. Dt~ration of A eernent.
This Ag~reemen# shall expire fifty (54) years from the date of its ac~apfion.
IN WITNESS WHERE4F, fhis Agreement has heen executed by the parties on the
day and year first above written. ~
y~~/
~ i~ ~~~~v
`ROBINSON & SONS
A General Partnership
By: DENNiS R4BINSON, a
General Partner
COUNTY OF BUTTE
B~: ~ I~~'~ '~• _ ~ ~ E''~/~~ ,t.••
ED MCLAUGHLIN, CI~AIRMAN
But#e County Board of Supervisors
.~r~~ ~ ~ 3~~U
Approved as to fax-m by
Caunfy Counsel
By: ~!'~-~~ c~~ ~~~~
14
ATTEST: WILLIAM H. RANDOLPH
Chief Administrative Of~cer and
Clerk of fhe Boar
By '' a~ ~
January 9, 1990
15