HomeMy WebLinkAbout28931
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ORDTNANCE N0.~2893
AN ORDTNANCE APPROVING A D~VELOPMENT AGREEMENT
FOR CERTAIN REAL PR4PERTY LOCATED WEST OF STATE
HIGHWAY 70~ APFROXIMATELY ONE MILE SOUTH ~F THE PALERMO
ROAD/HIGHWAY 70 TNTERSECTION; AND APPROXIMATELY
350 FEET EAST OF THE FEATHER RIVER
The Board of Supervisors of the County of Butte, State of
California, under and pursuant to Chapter 24-29 of the Butte County
Code of said County, D~ ~RDAIN, as follows:
SECTION 1. That the Development Agr~ement with Robinsan
and Sons in the forn~ attached hereta as Exhibit "A" and incorporated
herein by this reference is approved, this Board having found that
the provisions of the agreement are, consistent with the Butte
County General Plan.
SECTION 2. The Chairman is authorized ta execute the
Development Agreement in the form attached.
SECTION 3. Fallowing comp~ete execution of the
Deve~opment Agreement, the C~erk of the Board vf Supervisors shall
caus~ a capy thereof ta be recorded raith the Butte County Recorder.
SECT~ON 4. This Ordinance shal]. be and it i.s hereby
declared to be in fu11 force and ef'f'ect from and after thirty (3~)
days after the date af its passage, and before the expiration of
fifteen (15) days after its passage, this Ord~nance sha11 be
published once with the na~es of the members a£ the Board of
Supervisors voting for and against it in the Orovill~-Mercury
Register, a newspaper published in the County af Butte, Stat~ of
California.
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PASSED AND ADOPTED by the Board of Supervisors of the
County of Butte, State of California, on the l8th day of December~
1990, by the following vote.
AYES: Supervisors Mclnturf, Fulton and Chairman McLaughlin
NOES: None
ABSENT: Supervisors Do~an and V~rcruse
NOT V~TING: None
S~ ~
En McLAUGHL , C airman
Butte County Bo d of Supervisors
ATTEST:
WILLIAM H. RANDOLPH, Chief Administrative Officer
and Clerk of th~ oard of Supervisors
By:
Publication date: August 1, 1996
Effective date: August 30, 1996
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DEVELOPMENT AGREEMENT
THIS AMENDED AGREEMENT is made and entered into th~s 1$th day of
December, 1990, between Robinson and Sons A eneral Pa~tnershi (hereinafker
referred #o as °Property Owner"), and the COUNTY OF BUTTE, a po~itical subdivision,
organized and existing under the laws of #he State of California (hereinafter referred to as
"County"}.
WHEREAS:
A. California Go~ernment Ca~e §C58fi5 pror-ides that any Cout~ty may
e~ter into a de~elopmer~t agreemen# with any person ha~iRg a legal or equitable inteEest
in real property for ~he de~e~opmer~t of suc~ property. Every Coun#y may, by resoiutior~ or
ordinance, estabHsh procedures and requiremen#s for the consideration of deveiopment
agreements upon appiication by, or on behaif of, the property owner or othe~ person having
a legal ar equitable interest in the property.
B. Co~nty has adop~ed rules and regulations establishing procedures and
requirements far consideration of de~elopment agreements, anc~ Property Owner has
reques#ed County to consider enteri~g into a development agreement pursuant to County's
rules and regufations.
C. The Butte County Board of Supenrisors has found that the
de~elopment agreement is consister~t with the Butte Counfy General Plan; a~d
D. 4n December 18, 1990, tf~e Board of SupervESOrs of County adopted
EXHIBTT. 'rAr~
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Ordinance No. 2893 approving #he development agreement with Property Owner.
NOW, THEREFORE, the parties hereto agree as follows:
3. Definitions.
1n this Agreement, uniess the con#ext otherwise requires:
A. "County" is the County of Butte.
B. "Project" is the de~eiopment appro~ed by the Co~nty.
C. "Property Owner" means the person having a legal or equitable
interest in the real property as described in Paragraph 2 and includes the Property
Owner's successor in interest.
D. "Real Property" is the real property re~erred to in Paragraph 2.
11. Descri tion of Real Pro e.
The real property which is the sublect of this Agreement is described in
Exhibit "A" attached hereto and inco~pora#ed herein by this re~erence and also irtcludes
#he off-site ha~l roads.
1lL lnteres~ ofi Pro e Owner,
Property Owner represe~ts that he has a legal interest and/or equ~table
ir~terest in the reai property.
IV. Assi r~men#.
The rights o~ the Property Owner under this Agreement may not be
trans#erred or assigned uniess #he written consent of the County is first obtainEd.
V. B~ndin Effect of A reemerrt.
The burde~s of this Agreement bind and the bene~s of #his Agreemerrt inure
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#o the successors in interest to the parties to it.
VI. Rela~ionshi o~ Par~ies.
lt is understood that the cantrac#ua! relatior~ship between the County and
Property Owner is such that the Property Owner is an independent contractor,and r~ot the
agent of the County.
VI1. Coun 's A~o~al Procee~in s for Pro'ect.
On ~ianuary 9, 1990, and Decem~er 'f 8, 199~, the Board of supervisofs
approved General Plan Amendments and rezones for the property . lnformation on said
amendmer~ts and rezones ~s contained in Files 89-43A & B in the Plannir~g Department.
VIfL Chan es ir~ Pro'ec#.
No change, modi~cation, re~isian or aiteration may be made in #his
de~efopmer~t agreement witF~out re~iew and approva! by those agenciss of the County
approving this de~elopment agreemer~t in the first ins#ance. A change, modifcation,
revis~on or alteratian in this de~elopment agreement is not effec~i~e until the parties amend
this Agreement to incor~orate it.
IX. Establishinq Use and Progress Reportin .
A. Proqress ReAO~ts u~til constructior~ of Pfo'et ct is. Complete.
Property Owner shall make reports o# the progress in such detaii and
at such #ime as the Planning Commission of the County reasonably
requests.
B. Establishment of Use.
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For the purposes of compliance with this Agreement, the County's
ordinances, as weli as the related Use Permit, Mining Permit and
Reclamation Pian, the use shail be deemed established, i~ w~t~in one
year of the date o~ issuance of said Use Permi~, property owner has:
{1 } Obtained required State permits.
(2) Prior to Butte County signing the Use Permit and Mining
Permi~, submitted the performance bond required in Section XV.
(3) Submitted a performance bond tb ~ be held unti~ the si~e is
completely recfaimed and applicant has applied for a General P4an amendment to Pubiic
a~d Rezone to Resource Conser~at4on.
(4) Secured appro~al of a General Plan Amendme~t to Industr~al,
Rezone to M-2, and ~evelopment Agreement prior to valida~ion of the Mining Permit.
X. Effect to Transfer of Real Pro~~rty~ to Ar~other Jurisdictior~.
if a!i or a por#ian of the real property which is the subjec~ of the
agreement is annexed to or othen-vise becomes a part of a Gity or another Coun#y, this
Agreement terminates.
XI. Ho~d Harmless.
Property 4wner agrees to and shail hold the Cour~ty, i~s oificers, agen#s,
employees and representatives harmless ftom liabili~y for damage or claims for damage
for personal in~ury, inciuding death and claims for property damage which may arise from
the direct or indirect actions of t~e Property Owner or those of his contractor,
s~bcontractor, agent, employee or other person acting on his b~haif which relate #o the
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Project. Property Owner agrees to and sha~l defend t~he County and its officers, agents,
employees and representatives from actions for damages caused or al~eged to have been
caused by reason of Property Ow~er's actions which rElate to the Project.
This hold harml~ss agreement appiies to all damages ar~d claims for
damages s~fered or alleged to have been suffered by reason of #he actions referred to
in this Section XI, regardless of whether o~ nat the county prepared, s~pplied, or
appro~ed plans or specifications or both for the Project and regardless of whether ar not
the insurance policies referred to in Paragraph 12 are applicable. ~
Property Owner further agrees to indemnify, hoid harmless, pay all costs
and provide a defense for County in any action chal~enging the ~alidity of the development
agreemer~t.
Xil. insurance.
Before begi~ning work on the ProjECt, Property Owner shal~ obtain the
insurance required under this paragraph and receive #he appro~ai of the Butte County
Counsel as to form, amount and carrier. Property Owner shall maintain #f~e insurance at
all times durir~g the term of this Agreement. T{~e 9nsurance shal~ extend #o #he Couniy,
~ts electi~e and appointi~e boards, commissions, officers, agents, employees, and
representatives and to the Properry 4wner.
A. Worker's Com,pensatior~ Insurance.
Property ~wner shaEl rEquire Worker`s Compensa#ion insurance for al!
persons employed at the site of the Project. Property Owner shail require each corrtractor
a~d subcontractor similarly #o pro~ide Worker`s Compensa#ion insurar~ce for their
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respective empioyees. Property Owner agrees to indemn'rfy the County for damage
resulting firom his failure to #ake out a~d maintain such insurance,
g. P~~hlic liability and p%,.,pert,y damaqe_insurance:
Properry ~wner shali main#ain public liability insurar~ce in an amQunt not ~ess
than $1,0~0,000.00 for in~uri~s (including death) to any one person and subject to #he
same ~imi~ for each person in a~ amount not less tha~ $3,000,00~.0~ on account of any
one occurrence; and property damage insurance in the amount of r~ot less than
$500,000.00 for damage to the property ofi each person on account of any one
accurrence.
C. Evidence of Insurance. Property Owner shall ivrnish County before
beginning work on the project satisfactory e~ider~c~ o~ the insurance required and
e~idence that the carrier is required to gi~e the County at least 3~ days prior written notice
of the cancellation or reduction in co~erage o# a policy.
XI11. Specific Restriction on Development of REai P~opertv• In add~tion #o
zoning classification, #he following specific restrictions shali also govern the use of the
property:
A. Perm~tted uses are as fol~ows:
1. Mining, remo~al and storage of aggregate.
2. Accessory uses necessary to suppo~# mining and remo~al
activ~ies such as eq~ipme~t storage, wefding and scales.
B. Site requiremen#s are #hose listed in Sections 24-33 and 24-117 of the
Butte County Zoning Code as in exister~ce on the date of this De~elopment Agreemerrt.
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C. Prior to camme~cemen# of mining operations, obtain permi~s ftom the
fo~lowing agencies and meet ~heir requirements or submit proof the ager~cy has waived
the ~ermit requirements:
1. Butte County Mosquito Abatement Distric~t.
2. Butte Couniy Envtronmental Health.
3. State Reclamation Board.
4. Butte County Air Pollution Controi District.
5. Butte Coun#y Department of P~blic Works.
6. Butt~ County Fire ~epartm~nt.
D. Pond wail s[opes to be engineered to ensure siope stability depending
on the material comprising the pond wall, but in no case shali slopes be greater tl~an 2:1.
E. Engineer ponds to carry the design capacity plus ~00-year ra{nfall.
F. No floccu~ants permitted.
G. Re~egetate site w~#h riparian species ur~der the direction of the
Department of Fish and Game. Var9ous riparian tree species to be pla~ted on 25-foo#
centers. Re~egetation program to be inspected yearly for at least an 80% survivaf rate.
The plantings for #he followi~g year are to be adjusted ei~her up ~o cover non-survi~ors
or down if nati~e species natural~y revegetate.
H. Layout of the ponds to be in accordance w~h the s~te pEan cor~tained
w~hin the Mining Permit (shows a'I00-foot wide buffer area). In addition, rock, trees, ar~d
other ~egeta#ion within 50 feet ofi the easterly toe o# the taiiings are to be retair~ed or the
extra 50 ~oot area wifl be used fior pond dike area and repiarrted.
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i. All equipment to be equipped with muf~ers or other devices to
minimize noise.
J. AI! trees and vegeta#ion taken out are ~o be removed from #he project
area.
K. The shoreline of the large ponds to be constructed and maintained
9n such a way as to pre~ent a~y shaliow ~egetated areas that wo~ld ailow mosquito
breeding, etc. (see initial study)
L. Hours of operation including mai~rtenance of equipmertit and hau~
road operations from 5:D0 a.m. to 9:OQ p.m., Monday through
5aturday, and may be extended if a local emergency is declared by
the Board of Supervisors.
M. No blasting will be a~lowed.
N. Appiican# must a~so comply with all other app~icable State and loca~
statutes, ordinances, and regulations.
XV. Public Im~rovements. Facil~ies and Services.
Property Ow~er agrees to pro~ide #he following pubiic ~mprovements,
faciiities ar~d services:
A. Prior to Butte County signing the Use Permi~ and Mi~ing Permit,
appiicant to submit a$25,000.~0 performance bond to guarantee the conditions of the
Mming Permi~ and Reciamation Plan through the iife of the project. The performance
bond sha~l be reviewed bi-annually and may ~be increased or decreased in accordance
with the Er~gineering News Record Const~uction Cos# Index (ENRCCI).
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8. Performance Bond to be held until the site is complefe reclaimed and
appiicant has applied for a General Plan Amendment to Public and Rezone to Resource
Conservation.
C. Access road to be subgraded wi~h appropriate aggregate base in
accordance with the Department of Pubiic Works specifcations.
XVI. „Effect of Ac~reement on Land Use Rec~ulations:
The ruies, rEgulations, and official policies go~erning permitted uses of tF~e
property, the density o# the use o# the real property, the design, impro~em~nts and
cor~struction standards and spec'~'ications appiicable to development of the real property
are t~ose rules, regulations and oificia~ policies in force at the #ime of the execution of this
Agreemen~.
This Agreement does not pre~ent the County in s~bsequent actior~s
applicable to the real property from applying new rules, regulations and policies which do
not conflict with those rules, reguiations and policies appiicabie to prope~ty in effect on
the date of the adoption of this de~~lopment agreement. This Agreement does not
pre~ent tf~e County from deny~ng or cpnditionally appro~ing any subsequent de~elopmer~
project application or~ the basis ofi existing rules, regu~ations and policies.
XVII. Period~c Re~iew of Com~iance_ wi~h Agreemer~t.
A. The Co~anty shall rer-iew ~his Agreement at ieast once e~ery twelve-
month period from the date this Agreement is executed.
B. During each periodic review by the County, the Properly Ov-mer is
requ9red to demonstrate good fai~h compiiance with fihe terms of the Agr~ement. The
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Property ~wner ag~-ees to furnish sucY~ e~idence of good faith compliance as the Caunty
in the exercise of its discretion may require.
C. During the periodic re~iew at the end of the forty-ninth year, the parties
shal) conside~ an extensior~ of ~he term of this Development Agreement.
XVlll. Amendment or Canceliation of A reement.
This Agreement may be amended or canceled in whole ar in ~art o~ly by
mutual consent of the parties and ~n t~e manr~er provided for in Go~ernment Code
Sectior~s 658fi7, 65867.5, 65868, and 65869.5 as amended f~om t~me to time.
XIX. Enforcement.
U~less amended or canceled as pra~ided in Paragraph 18, this Agreemen#
is en~orceable by any party to i# regard~ess of any change in the applicabie general or
specific plan, zonir~g, s~abdi~ision or building regulations adopted by the County which alter
or amend the rules, regula#ions or policies go~erning permitte~ uses of the land, density,
design, impro~ement and construction star~dards and s~ecifcations.
XX. E~ents of Default.
Property 4wner is ir~ default under t~is Agre~ment upo~ the happening of one
or more of the following events or conditions:
A. If a material warranty, representatior~ or statement made or f~rnished
by Prope~y Owne~ to the County contained in this Development Agreement is fals~ or
~roves to ha~e bee~ false in any material when it was made.
B. A finding and determination ~y ~he Co~nty made foilowing a periodic
r~view under the ~rocedure provide~ for in Go~ernment Code Section fi5865J that upan
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the ~asis of substantial evidence the Pfoperty Owner has not complied in good faith with
one or more of the #erms or cond~tions of this Agreement.
XX1. Procedure u on Default.
A. Upon the occurrence of ar~ e~ent of de#auit, the Cour~ty may
te~minate or amend this Agreement i~ accordance with the procedure adopted by the
County.
B. Countjr does not wai~~ by implication any claim or defect in
performance by Property ~wner ~mplied if on periodic re~isw the local agency does no~
p~opose to modify or #erminate the Agreement.
C. Non-performar~ce sF~all not be excused because af a failure of a third
person.
D. That adoption of a law or other go~ernmen~ actir-ity making
performance ~y the applicant unpro~itabfe or more di~ficuit or more expensive does not
excuse the performance of ~he obligatio~ by the Property Owner.
E. Non-performancE shalt be excused only when ~ is prever~ted or
delayed by acts o# God or an emergency declared by the President or Go~ernor.
XXII. Damag..,es upor~ Termir~ation.
In no e~en# shalf Property Owner be antitled to any damages against County
upon termination of this Agreemer~t.
XXili. Attorne s Fees and Costs.
lf legal action by e~ther party is brought because ofi breach of this Agreement
or to en#orce a pro~ision o~ this Agreemer~t, tt~e pre~ailing {aarty is ent'rtled to reasonable
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attomeys fees and court costs.
XXIV. Forum.
In the event of any lega~ proceedings of any nature, all parties agree ~he
or~iy forum with jurisdiction is the Butte County Superior Court, ~oca#ed, in Qro~~lle,
Caiifornia.
XXV. Notices.
All notices required or provid~d for under t~is Agre.emen~ shali be in writing
and deli~ered in person or ser~t by certified mail, postage prepaid. Notices required to
be gi~en #o County shall be addressed as follows:
County of Butte
25 County Center Drive
Orov~lie, Cali~ornia 95965
Notices required to lae gi~en to Property Owner shal~ be addressed
- as follows:
Dennis Robinson
% Robinson Construction Co., lnc.
47~ 4 Pacific Heights Road
Oro~ilie, CA 95965
A party may change the address by gi~ing ~otice in writing to tF~e othe~ party and
thereafter no~ices shal! be addressed and transmitted to the new address.
XXVI. R~les of Cons#ruction ar~d Miscellaneo~s Terms.
A. The s9ngular €ncludes the p~ura~; the mascuiine gender includes #he
feminine; °shall" is mandatory, "may" is permissi~e.
B. If a part of ~his Agreement is hefd to be in~alid, t~e remainder of the
AgreemEnt is not affected.
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C. If there is r~or~ than one signer of #his Agreemer~t their obligations are
joint and se~eral.
D. T~e ~ime limits set forth in this Agreement may be extended by mutual
conser~t of the par~ies in accordance with #he procedures for adoption of an agreement.
XXVII. Durafion of Aqreemen#.
T~is Agreement shali expire fifty (50) years from the date of its ado~tion.
IN WITNESS WHEREOF, this Agreement has been executed by the parties on tt~e
day and year first abo~e written.
ROBINSON & S~NS
A General Partnership
By: DENNIS ROBINSON
A General Partner
COUNTY O~' BUTTE
By
ED MCLAUGHLIN, CHAIRMAN
Butte Co~nty Board of Superv~sors
Appro~ed as #o form by
County Counsel
By:
ATTEST: John S. Blackloc~c, Chief Administra#ive Officer ar~d
Clerk of the Board
By
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~XfiIiBIT A
AI1 that real praperty situa#ed in Sectian '~0 T'i8N R3E MDM Butte Caunty CA and k~eing more
par#icularly describec~ as foilaws:
Parce! I:
Beginning at a point from which #he SE comer of said Section 10 bears S 63° 22' 40" E~735.40
ft.; ther~ce N 88° 24' 58" W a distance of 859.73 ft.; thence N Q3° 48' 41" E a distance of 62~.70
ft.; #hence N 04° 38' 55" W a distance of 5~1.78 ft.; thence N 18° 27' 27" W a dis#ance of 6E)4.12
ft.; thence S 5fl° 56` 26" E a distance of 1140.61 ft.; thence N 60° 39' 06" E a distance of 354.07
f~.; thence S 53° 01' 36" E a dis#ance of 673.58 ft.; thence S 32° 09' 2Q" W a distance o~401.06
ft.; thence S 52° 51' S6" E a distance of 226.21 ft.; t~ence S 50° 11' 04" W a distance of 107.43
ft.; ther~ce S 39° ~8' S6" E a distance of 234.4Q ft.; #hence N 71 ° ~9' S7" W a distance o# 61.55
ft.; thenc~ N 65° 29' 3~" W a distance of 63.74 ft., thence N 88° 36' 48" W a distance of 81.69 ft.;
thence S 63° 57' 39" W a distance o'F 149.96 ft.; #hence S 76° 41' 42" W a distance of 125.45 ft.;
thence S 86° 17' 11" W a distance of '125.44 ft.; thence 64° 00' 0'~" W a distance of 145.99 ft.;
thence S 01 ° 35' 02" W a distance of 91.38 ft. ta the point of begir~ning, containing 38.90 acres
mare or ~ess. .
Parcel 2:
All that real property situa#ed in Section 15 T18N R3E MDM Butte County CA and being more
particulariy describec~ as folfaws:
Beginning at a Depar#ment af Water Resources (~WR) monument stamped ORO-B-83-E that
bears S 71 ° 04' 39° W 1425.94 ft. fram the NE corner of said Section 15, as shown and
delineated on said map; thence from said poir~t o# beginning along tF~e boundary of said Parcel 7
and said ParceE ORO-B-83-B tY~e following 2 caurses: S 00° 15' 0'f" E 3,443.34 ft. to a UWR
monument stamped ~RO-B-84-D-A; S 68° 18' 39" W 800.00 ft. to a DWR monumer~t stamped
ORO-B-83-C; thence the following 4 courses alor~g the boundary of said Parcel ORO-B-83-B; S
43° ~7' 49" W 437.88 ft. to a'~12 ir-ch iron pin with plastic cap stamped ~WR; N 63° 33' 24° W
286.4'~ ft.; N 45° 52' 14" W 386.75 ft.; N 21 ° Q1' 42" W 994.07 ft. to a cancrete mont~ment
marking the SW corner of the Mathews Lease; thence along the Mathews Lease t~e foilowing 5
courses: S 85° 16' 17" E 7~2.~7 ft. to a concrete manument; N 18° 95' 30" E 1540.64 f#. to a
concrete monument; N 06° 45' S5" E 1,OS7.38 ft. ta a concrete ma~ument; N 87° 18' ~6" W
500.24 ft. to a concrete monument; N 06° 43' 27" E 646.51 ~t. to a point on the N iine of said
Parcef 7 rrtarking the NE camer a# said Mathews Lease; thence S 89° 53' 07" ~ 217.87 ft. along
said N line to a point marking the NE corner of said Parcel 7; thence the following 2 co~rses
along the bounc#ary of said Parcel 7: 5 07'° 24' 25° W 326.21 ft. to a DWR monument starnped
QRO-B-83-F; S 76° 54' 0~" E 630.00 ft. to #he paint of baginning.
Parcef 3:
All tF~at real property si~uated in Sections 1~ & 11 T~8N R3E MDM Butte County CA and bei~g
,more particulariy described as fo~lows:
Beginning at a paint from which the SW carner of said Section 11 bears S 02° 07' 00" W
2,204.52 f~.; thence S 59° 21' 41" E a dista~ce of 2~3.79 ft.; thence S 69° ~8' 19" E a distance of
35a.03 ft.; thence N 42° 02' 36" E a distance of 318.92 ft.; t~ence N 22° D9' 32" W a distance af
47.51 ft.; thence N 01 ° 37' 49" E a distance of 9 76.96 ft.; thence N 36° 33' 23" W a distance of
287.73 ft.; ther~ce N 28° 27' 07" W a c~is#ance of 258.76 ft.; thence N 40° 12' D3" W a distance of
138.68 ft.; thence N 87° 52' 34" W a dis#ance of 123.72 ft.; thence N 02° 13' 34" E a distance of
154.37 ft.; ti~ence N 78° 23' 26" W a distanc~ o~ 65.04 ft.; tfience S~6° 43' 29" W a distance of
7Q4.03 ft.; thence S 38° 21' 31" W a dis#ance of 128.59 ft.; thence S 06° 4T' 45" E a dis#anee o~
119.53 ~t.; thence S 45° 23' D7" E a dis#arzce af 87.11 ft.; thence S 72° 53' 05" E a distance of
~ 9'E.02 ft. to the point of beginning, containing 15.OD acres, more or Eess.