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MINUTES - 09122000 - C14-C19
'.i* Recorded at the request of.- Contra f:Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY, CALIFORNIA Adopted this Order on September 12, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND CANCIAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER ABSTAIN: NONE RESOLUTION NO.: 2004/420 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Release & Subdivision MS980015 Carol A. Davis, Trustee Brentwood Indemnification of the Davis Family Trust. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. 'D:gpp G:\GrpData\EngSvc\BO\2000\BO 9-12-OO.doc Originator: Public Works(ES) ATTESTED: SEPTEMBER 1.2, 2440 Contact: Rich Lierly(313-2348) PHIL BATCHELOR,Clerk of the Board of Supervisors and cc: Recorder(via Title Company)then PW Records County Administrator Current Planning,Community Development By Deputy RESOLUTION NO. : 2000/420 s Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Records Section Area: Brentwood Subdivision:MS980015 APN:003-020-033 RELEASE AND INDEMNIFICATION Carol A.Davis,Trustee of the Davis Family Trust, declares the following: a. Carol A. Davis, Trustee of the Davis Family Trust, is the owner of the parcels of land shown on the parcel map for Subdivision MS980015, filed ,in Book of Parcel Maps at page (the "Property") b. The Contra Costa County Board of Supervisors has granted approval for the parcel map of Subdivision MS980015, involving a property crossed by a creek known to have unstable banks. C. In consideration of the granting of said Board of Supervisors approval, Carol A.Davis,Trustee of the Davis Family Trust,hereby releases the County of Contra Costa and the Contra Costa County Flood Control and Water Conservation District,respective officers, agents and employees from any claim, cost, or liability arising out of, or in connection with, any damage to the site improvements resulting from creek bank failure or erosion. d. In further consideration of the granting of said Board of Supervisors approval, Carol A. Davis, Trustee of the Davis Family Trust, hereby promises to defend, indemnify and hold said County and said Flood Control and Water Conservation District,respective officers, agents and employees harmless from any claims,costs, demands, expenses or liability, including,without limitation,all consequential damages arising out of, or in connection with, any damage to the site improvements resulting from creek bank failure or erosion. e. This Agreement is an instrument affecting the title or possession of the real property described above and shall be binding on and inure to the benefit of all heirs, successors and assigns of Carol A.Davis,Trustee of the Davis Family Trust. The undersigned executed this instrument on (date). Carol A.Davis,Trustee of the Davis Family Trust Carol A. Davis JD:kw G;\GrpData\EngSvc\IOSEPHi2000\April\R&I MS980015.doc April 27,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of {Lf C� OP IONAL SECTION County of / i �' -'' J" --M` CAPACITY CLAIMED BY SIGNER u� On -before me, ll { Though statute does not require the Notary to fill ATE NAME,TITLE OF,OrFF�ftR E.G.,')ANE-DOP,NOTARY PUBLIC" in the data below,doing so may prove invaluable personally appeared t� l t'� P L t 1t l to persons relying an the document. NAME(S)OF SIGNERS) Cl INDIVIDUAL C personally known to me-OR-❑ provided tome on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and ,., acknowled d to me that he/she/they executed ElPARTNER(S) 11 LIMITED w el O I�,E ( the sam h s/her/their authorized ❑ GENERAL " Com, ;'?,13 j ffri� caps ' (les),and that by his/her/their ❑ ATTORNEY-IN-FACT G) si ture(s)on the instrument the person(s)or ❑ TRUSTEE(S) ♦ / �,`, `.. t entity on ehalf of which the person(s) rty n ted,a cut the i ument. ❑ GUARDIAN/CONSERVATOR ->t (a ❑ OTHER: wI Ss y nd ic' seal SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)1 SIGNATURE OF NOTARY ❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIN E=S -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. 11. -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. PS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bindthe partnership. IV. 5IGNAjj=5 Documents should a signed by two officers,one from each of the following two groups: GROUP 1. Naair of the Board ((b)}The President c Any Vice-President GROUT'2. aThe Secretary An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase. "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:kw Rev.May S,1499 �ir I ti✓ Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 12., 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND CANCL4MILLA NOES: NONE ABSENT: SUPERVISOR GERBER ABSTAIN: NONE RESOLUTION NO.: 2000/421 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: IN, TRLTMENT REFERENCE GRANTOR AREA Grant Deed of Subdivision MS980015 Carol A. Davis, Trustee Brentwood Development Rights of the Davis Family Trust, (Approximate Creek Structure setback) I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. JD:gpp G:1GrpData\EngSvc\BO\2000\BO 9-12-00.doc Originator ATTESTED: SHP'TF7vIRFI2 Public Works{ES) 12, 9000- Contget: Rich Lierly(313-2348) PHIL BATCHELOR,Clerk of the Board of Supervisors and cc: Recorder(via Title Company)then PW Records County Administrator Current Planning,Community Development By /`� ,Deputy RESOLUTION NO. : 2000/421 Recorded at the request of: Contra Costa County Public Works Department Engineering Services Return to: Public Works Department Records Section Area: Brentwood Subdivision:MS980015 A;PN:003-202-033 GRANT DEED OF DEVELOPMENT RIGHTS (Approximate Creek Structure Setback) To meet condition of approval number 27 of Subdivision MS980015, Carol A. Davis,Trustee of the Davis Family Trust, (Owner) hereby grants to the County of Centra Costa, a political subdivision of the State of California(Grantee) and its governmental successor or successors, the future development rights, as defined herein below over a portion of that real property known as Parcels A and B of Subdivision MS980015, situated in the County of Contra Costa, State of California and more particularly described in Exhibit A. Development rights are defined to mean and refer to the right to disapprove of any proposed construction, development or improvement within the areas marked "restricted development area." The development rights are and shall be a form of covenant,which shall run with the said property and shall bind the current owner and any future owners of all or any portion of said property. In the event of a disapproval of proposed construction by Grantee or successor, said proposed construction shall not be performed. Grantee or successor may condition approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee may deem appropriate. Prior to the issuance of building permits for any structure proposed within the approximate structure setback area, Owner shall verify that the proposed building site is located outside the structure setback area as outlined in Chapter 914-14,"Rights of Way and Setback"and as defined by Section 914-14.012, "Structure Setback Lines for [lnimprovement Earth Channels"of Title 9 of the County Ordinance Code. Owner will be required to substantiate the structure setback line with representative creek cross sections. Existing structures may be exempted from the structure setback area. / The undersigned executed this instrument on (Date). Carol A.Davis,Trustee of the Davis Family Trust (Siam) t/ . Carol A. Davis (See attached notary) JD:>-w Ap61 27,2000 0:\GrpData\EnaSvc\JOSEPH\2000\April\Grant Deed MS98001S.dae CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of I OPTIONAL SECTION County of Ic 1+' , CAPACITY CLAIMED BY SIGNER On 7 before me, '� Though statute does not require the Notary to fill ATE NAME,TITLE OOF�FFICERt�E.G.,'I NE DOE,NOTARY PUBLIC- in the data below,doing so may prove invaluable personally appeared—t����L b`e L C- �(s! �-:[/ to persons relying on the document. NAMES)OF SIGNER(S) ❑ INDIVIDUAL 0 personally known to me-OR-;;.�rovided to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED C, FLOWERS a.; the same in his/her/their authorized 0 GENERAL capacity(m and that by his/her/their ❑ ATTORNEY-IN-FACT .. Comm,# 1173131 signatu on the instrument the person(s)or U! "�► NOTARY PUSL!C•CAL!PORN1A the en ' upon behalf of which the person(s) ❑ TRUSTEE{S} gtar;s!aus Caurty acts exec d t instrument. 0 GUARDOTHER:AN/CONSERVATOR ❑ OTHER: �' f.4y Com,. ixp;res Feb 9.2 Ci �, E m pian n of is ai, SIGNER IS REPRESENTING: (NAME OF PERSONS)OR ENTITY(IBS)) SIGNATURE OF NOTARY C] acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR 4LL SIGNALS -The name and interest of the signer should be typed or printed BENZ AIH the signature. The name must be signed exactly as it is typed or printed. II. SIGNA=5 FOR INDI UALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIQX41=S FPR E4RTN RSHIES-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and binde partnership. IV. Documents should a signed by two officers,one from each of the following two groups: GROUP 1. Ha The Chair of the Board The President Any Vice-President GROUP 2. a The Secretary lbAn Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the mi strurnent to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." Jc:kw Bev.May 3,1999 MS980015 (Approximate Creek Structure Setback) EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: A portion of Parcels A and B, designated as "Restricted Development Area(Approximate Creek Structure Setback)", as shown on the parcel map of Subdivision MS980015, on file at the County Recorder's Office as follows: Date: Book: Page: JD:kw G:1GrpDatalEngSvc\JOSEPH12000�April\Exhibit A MS480015.doc April 27,2000 Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 12, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND CANCIAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER ABSTAIN: NONE SUBJECT: Approving Deferred Improvement Agreement along Camino Diablo for Subdivision MS980015 (APN 003-020-033), Brentwood area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Carol A. Davis, Trustee of the Davis Family Trust, as required by the Conditions of Approval for Subdivision MS980015. This agreement would permit the deferment of construction of permanent improvements along Camino Diablo, which is located east of Walnut Boulevard in the Brentwood area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. JD:gpp O:\CrpData\EngSvc\BO\2000\BO 9-12-OO.doc OrigATTESTED: SEPTEMBER 12, 2000 Contact: Public Works 13-2 PHIL BATCHELOR Clerk of the Board of Supervisors and Contact: Rich Lierly(313-2348) � I� County Administrator cc: Recorder(via Title Company)then PW Records Current Planning,Community Development By ,Deputy 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:Brentwood Road: Camino Diablo Subdivision:MS980015 APN:003-020-033 DEFERRED IMPROVEMENT AGREE ENT (Subdivision MS980015) THESE SIGNATURES ATTEST TO TIME PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) Maurice M. Shiu, Public Works Director Carol A. Davis, Trustee of the Davis Family Trust c> w ^^ (eipature> L4' 6 By: Carol A. Davis RECOMMENDED FOR APPROVAL: By: E i Services 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. PARS. Effective on the County of Contra Costa,hereinafter referred to as"County"and Carol A.Davis,Trustee of the Davis F mily T st,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. AG>2 EEMENT 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. 4/1 V 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 the 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 as set 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. g_F,VIEW 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 may be 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. 1N5URAN E. 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. INDEMNI Y. The 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 of the 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. JD:kw G:\GrpData\EngSvcUOSEPH120001April\DI MS980015.doc April 27,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of G OPTIONAL SECTION County of ' p—� CAPACITY CLAIMED BY SIGNER. On 1 before e, Though statute does not require the Notary to rill DAT NAME,TITL OF OFFIC .G.,'JAI,E WE,NOTARY PUBLIC' In the data below,doing so may prove invaluable to persons relying on the document. personally appeared �'� NAME(s)OF SIGNER(S) 0 INDIVIDUAL personally known to me-OR-0 provided tome on the basis of satisfactory evidence to 0 CORPORATE OFFICER{S} be the person{s}whose name{s}is/are TITLE(S) subscribed to the within instrument and acknowledged to the that he/she/they executed C PARTNER{S} 0 LIMITED , FLOWERS k the same in his/her/their authorized ❑ GENERAL *�" capacity{ie and that by his/her/their Comm. i ! J « signatur s}on the instalment the person(s)or ❑ ATTORNEY-IN-FACT ORNEY-IN-FACT y NGtAAY PUBLiC CAL!FJANIA „� the en' upc behalf of which the person{s} 0 TRUSTEE{S} t 5 Fads Wadnly �= acts ,exec d ins eat. ❑ GUARDIANICONSERVATOR 11OTHER: W �tyanl an 1ci SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTrrY(IES)) SIGNATURE F NOTARY ❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR 6,LL SIGNA'I[ S -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. 11. SIQNATURES FOR 1V I JAI.S-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGN4D=S FPR P4, S-Signing party must be either a general partner or be authorized in writing to have the authority to sign or an m e partnership. IV. Documents should a signed by two officers,one from each of the following two groups: GROUP 1. �a�The Chair of the Board bThe President cAny Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors." JC:kw Rev.May 3,1999 MS980015 (Deferred Improvement Agreement) EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: A portion of Parcels A and B, as shown on the parcel map of Subdivision MS980015, on file at the County Recorder's Office as follows: Date: Book: Page: JD:kw G:1GrpDatalEngSvcUOSEPH\2000\Apffl\EXHMIT A DIA MS980015.doc April 27,2000 ell Subdivision MS980015 (Deferred Improvement Agreement) 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 Camino Diablo for Parcels "A" and "B", described in Exhibit "A": I. Approximately 2,200 square meters(23,400 square feet)of street paving to pave between the existing pavement and 3meters (approximately 10-feet) from the right of way line. 2. Necessary longitudinal and transverse drainage. 3. Temporary conforms for paving and drainage as may be necessary at the time of construction. 4. Submit improvement plans to the Public Works Department, Engineering Services Division, for review; pay an inspection and plan review fee. CONSTRUCTION Any portion of the drainage system which conveys storm run off from a public street shall be within a dedicated public storm drain easement. 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. Camino Diablo 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 owner of parcel`°A" shall pay 65%of the costs and the owner of parcel"B"shall pay 35% of the costs. 1D.kw G:'�GrpData%EngSvcVOSEPH12000\Apri]TYMMIT-B MS980015.doc April 27,2000 Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE.BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 12, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND CANCIAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER ABSTAIN: NONE RESOLUTION NO.: 2000/422 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERER that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Grant Deed of MS 4-95 Richard Alan Spencer Rodeo Development Rights and Deborah Ann Spencer I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Mgpp G:\GrpData\EngSvc\B0\2000\B0 4=12-OO.doc Originator: Public Works(ES) ATTESTED: SEPTEMBER 12, 2000 Contact: Rich Lierly(313-2348) PHIL BATCHELOR,Clerk of the Board of Supervisors and cc: Recorder(via Clerk)then PW Records County Administrator Current Planning,Community Development By Deputy RESOLUTION NO. : 2000/422 Recorded at the request of: CONTRA COSTA Co Recorder office Contra costa count, Public Works Department STERN L. kEjR Clerk-Recorder Engineering Services Division (SOC— 2000a-0�1 A91 74-00 Return to: V i v7 Public Works Department T, SEP 14, 2M 13:48:11 Records Section PRE $0.00 Area:Rodeo Ttl Pd $0.00 Nbr-0000102898 Subdivision:MS 950004 Ire/RB/1-4 Assessor's No.:357-260-051 GRANT DEED OF DEVELOPMENT RIGHTS (Scenic Easement) For value received,Richard Alan Spencer and Deborah Ann Spencer,husband and wife,as.Tint Tennants hereby grant to the County of Contra Costa, a government subdivision of the State of California, and its governmental successors,the future"development rights," as defined herein below over a portion of that real property situated in the County of Contra Costa, State of California, and more particularly described in Exhibit "A". "Development rights" are defined to mean and refer to the right to disapprove of any proposed construction, development or improvement on any of the lots described in Exhibit "A". The "development rights" are and shall be a form of negative easement, which shall run with the said property and shall bind the current owner and any future owners of all or any portion of said property. The undersigned executed this instrument on Richard Alan Spencer and Deborah Ann Spencer, husband and wife, as Jint Tennants (s"gflawre) Richard Alan Spencer (signature) Deborah Ann Spencer D1:kw G:'4rpDatalEngSvc\Dean\2000Uune',.NIS950004-Grant Deed.doc June 19,2000 6V Subdivision MS950004 (Scenic Easement) EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: A portion of parcel D designated as "Restricted Development Area (Scenic Easement)" as shown on the parcel map of Subdivision MS950004, on file at the County Recorder's Office as follows: Date: Book: Page: DI:kw G:1G1pData\EngSvc\Dcan12000Uune vMS950004-ExhA.doc June 19,2000 State of California County of �L Lir L L � pn (.{,SLC -c: -c-(-. before me, signedtbe5un , a Notary Public in f r said State, personally appeared `'K I C Cc ek-,Y �� personally known to my (or proved to my on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to ma that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instnanent. WI"�'t�1ESS my hard.and offi' alai seal. Bo MORRISC3N f( ' COMM. # 1241 646 NOTARY P+UBLiC•CA.lFOPNIA Signature �" / ! "',`� d/ CONTRA COSTA BOUNTY W Comm.Ergs,Nov 25,2003 Name �' (typed or printed) (Seal) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 12, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND CANCIAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER ABSTAIN: NONE RESOLUTION NO.: 2000/423 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 4- 95, in the Rodeo area. The following documents were presented for Board approval this date: I. Map The Parcel Map of Subdivision MS 4-95, property located in the Rodeo area, said map having been certified by the proper officials; IV. Subdivision Agreement A subdivision agreement with Richard Spencer, subdivider, whereby said subdivider agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: A. Cash Bond Deposited by: Spencer Construction Co. Performance Amount: $21,700 Labor&Materials Amount: $10,850.00 Auditor's Deposit Permit No. and Date: DP#353132 dated July 12, 2000 RESOLUTION NO. : 2000/423 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 4-95, in the Rodeo area. DATE: September 12,2000 PAGE -2- V. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 1999- 2000 tax lien has been paid in full and the 2000-2001 tax lien, which became a lien on the first day of January 2000, is estimated to be $2,900.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Auditor's Deposit Permit Number and Date: DP 352103 dated June 22, 2000 Amount: $2,900.00 Paid by: Richard Spencer NOW THEREFORE BE IT RESOLVED that said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans; BE IT FURTHER RESOLVED that said Parcel Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Dl;gpp ATTESTED: ,;F? F mPP 19 gnQ G:\GrpData\EngSvc\Bo\2000\BO 9-12-00.doc PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator originator:Public Works(ES) Contact: Rich Lierly(313-2348) By Deputy cc: Public Works-R.Bruno,Construction Current Planning,Community Development T—9/21/01 Spencer Construction Co. 1104 Dennis Court,Rodeo,CA 94572 SUBDIVISION AGREEMENT (Government Code S66462 and 566463) Subdivision: Subdivider:qz Effective Tate: Completion Period: I year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA CQSTA CQUNJY SUBDIVIDER Maurice M.Shiu,Public Works Director By: (siryusute) i t LCX {Print name&colo) ELCOhdMEND ,!�e?A4,h L1,A-Q. E gin ervices Division (Print name&rule) L7 ti t1�1 C t s. Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) 1. ?_AajIFS DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called Toon ",and the above-mentioned S" ivi�er•mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants, landscaping, and such other improvements(including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code SS66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings trade thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. M-R VE EN' S CURTLY'. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County Ordinance Code,provide as security to the County: A. F_orPerformance and * KEt_ee: S 1,M.00 cash,plus additional security,in the amount of S 20,700.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable Ietter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. Fof Payment: Security in the amount of S _10 j 850.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: _Xm Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider, the amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship j and shall perform satisfactorily for a period of one(I)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,„Acceptance,"of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. S. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the-failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnitiesibenefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions,officers,agents,and employees. B. The liabilitieg protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. TS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 14, SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors, IL BION-PERFORMANCE ACJ CQSTS:If Subdivider fails to complete the work within the time specified in this Agreement,and subsequent extensions„or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surreys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. I'COP PORATIONI/ NNEXA.TION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,the County's rights under this agreement and/or any deposit, bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. The provisions of paragraph 8(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph SA upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. RL:mw:kv, GAGrpDau\EnSSvcTorfWAG WOMAG.3002.doc RCY. April C 2000 CALIFORNIA ALL-PURPOSP,ACKNOWLEDGEMENT State of C OPTIONAL SECTION County of '/LM t.l eC13 CAPACITY CLAIMED BY SIGNER On 00 before me, `L jt_k_ L,L U; --,tit, Though statute does not require the Notary DATE NAM I OFFICER E.G.,'JAN .NQTARY P U0UC- to fill in the data below,doing so may prove Invaluable to persons relying on the personally appeared , Ci �s � > `� `�tLr j document. NAMr(5)SIGNER(S) INDIVIDUAL 11 personally known to me-OR- ❑ provided to me on the b sis of satisfactory )9CORPORATE OFFICER(S) evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that 0 PARTNER(S) Q LIMITED he/shelthey executed the same in O GENERAL _ 11. MORR150N his/her/their authorized capacity(ies), 0 ATTORNEY-IN-FACT COMM. N 12d35d6 •' and that by his/her/their signature(s) 0 TRUSTEE(S) NOTARV PUBLIC•CALIF 54 � on the instrument the-person(s)or the 0 GUARDIAN/CONSERVATOR CONTRA COSTA COUNTY entity upon IfRwhich th@per- C]OTHER: My Comm,EXP.Nov,25,2103 sons)a d, executed the ins rument. Fill 'IS aZA SIGNER IS REPRESENTING: - NAME OF PEMOMS)OR ENTITY)1E8) i OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE Thaupn the as&asrow it a rb=-d by uw. X may prow rrtYuow!a perabns r«Ytnq an!ne CtXilR Wt� fl b)f Mf I"iWbr,,, t iriYaulinl rrltNrNM m. INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. Il. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must oe stated. Ill. IGNATT REu F, R PARTNER HIPS -Signing party must be either a general partner or be authorized in writing to have the authority to sign tor and bindthe partnership. IV. 1 N TURES FOR CORPORATIONS ocuments should a signed by two officers, one from each of the following two groups: GROUP 1. a The Chair of the Board b The President jc Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copyof a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney, notarized, will suffice. Notarization of only one corporate signature or signatures from only oneroup, must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors . :mw G AENGS VCT0RMS',NOTARY.W Ra Rev Lvv�' !9S7 Tax Collector's Office William J.Pollacek y✓v' 625 Court Street Contra County Treasurer-'rax Collector Finance Building,Room 100 II� - P.0.Bax 631 �v5�� Joseph L.Martinez Martindz,California 54553- Assistant Tax Collector 0063 (525)646-4122 County Joslyn Mitchell (525)646-4135 FAX "I Tax Operations Supervisor Date: 6121100 IF THIS TRACT IS NOT FILED PRIOR TO THE ©ATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2606) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 95-4 RODEO 62058 Parcel#: 357-260-051-2 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 1999-2000 tax lien has been paid in full. Our estimate of the 2000-2001 tax lien,which became a lien on the first day of January, 2000 is $2,900.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Trea er-Tax of for By: 'l.VU1V 1 Y VP LVFV f KH LVJiA ���`i' t� (D DEP OSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER Y TO JHE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM iw1i.LIA f t^vt.i.�(' i; ORGANIZATION NUMBER (Owrti +) (For Cash Collection Procedures see County Administrator's Bulletin 105.) ry DESCRIPTION FUND/ORG. �CT TASK OPTION ACTIVITY AMOUNT AX,(r ' v'' '( 294012Q0, I I 1 I I I I I I I f 1 I I I I 1 I I I I I I I EXPLANATION: TOTAL $ 1AX GUAK&NrIC.E F6i: ;OW_2001 I NS 95-4 DEPOSIT I Deposit consists of the fallowing items SPEAiEK CtJIv TR�€CI'IOir' „ (;}iAi�j COIN and CURRENCY $ 11034 DEivNIS C1. CHECKS,KO,ETC. ODS CA` 94572 BANK DEPOSITS $ 10-799-1742 FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE + ASSIGNED The ampunt-of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged Date J 1 Signed: ` Signed: Title: EX -f biputf r County Auditor) Deputy County Treasurer D-34 REV.(7-43) J rr I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 12, 2000,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND CANCTAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER ABSTAIN: NONE SUBJECT: Approval of the 2nd Extension of the Subdivision Agreement for MS 34-91 Pacheco area. The Public Works Director having recommended that he be authorized to execute the 2nd agreement extension which extends the Subdivision Agreement between Clyde A. Cola, 4460 Franklin Lane, Oakley, CA 94561 and the County for construction of certain improvements in MS 34-91, Pacheco area,through October 13, 2000; APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0% ♦ ANTICIPATED DATE OF COMPLETION: October 13, 2000 ♦ REASON-FOR EXTENSION: Complete storm drain line IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. JC:gpp ATTESTED: SI+:IYTEMER 17o- 7{'}(I{} G:\GtpData\Engsvc\BO\200a1BO9-12-00.doc PHIL BATCHELOR,Clerk of the Board of Supervisors and Originator: Public Works(PS) County Administrator Contact: Rich Lieriy(313-2348) cc: Public Works-R.Bruno,Construction Current Planning,Community DevelopmentDeputy T—10/13/00 By Clyde A.Cola,4460 Franklin Lane,Oakley,CA 94551 Indemnity Company of California, 17780 Fitch,Ste 200 Irvine,CA 92614 SUBDIVISION AGREEMENT EXTENSION i Contra Costa County Development Number : Minor Subdivision 34-91 Developer : Clyde A. Cola Original Agreement Date : October 13, 1992 Improvement Security Security lype Security Amount (X)Cash : $ 1,000.00(1% cash,$1,000 Min.) ( )Letter of Credit : $28,900.00(Performance) (X)Bond : $ 14,950.00 (Labor&Material) Bond No.(Date) : 217811 S ( ) Surety or Financial Institution : Indemnity Company of California 2nd Extension New Termination Date : +October 13,2000 The Developer and the Surety(or Financial Institution)desire this Subdivision Agreement to be extended through the above date; and Contra Costa County and said Surety(or Financial Institution)hereby agree thereto and acknowledge same. Dated: l=st 91. 20QO Dated: FOR CONTRA COSTA COUNTY J.Michael Walford,Public Warks Director Y Developer's gnature(s) By: t �`�`� Printed RECOMMENDED FOR APPROVAL: Address Indemnity Cgrpn of California Surety or Financial Institution I3y. neeringServicesDivision) 177$0 Fitch, Ste 200, Imo4ne, CA 92614 ess (NOTE. evelnper's, Surety's and Financial Institution's Signatures must be Notarized) omey in Facts Signature - FORM APPROVED: Victor J.Westman,County Counsel Pauline M. McLean Printed After Approval Return to Clerk of the Board CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of r A j, OPTIONAL SECTION Count r t of et Lei 4 1 CAPACITY CLAIMED BY SIGNER On 2'4 1 D .before me, 1 V 41, ( Though statute does not require the Notary to fill DAT AME,TITLE OF O t 'ER E.G.."JANE .NOTARY PUBLIC" In the data below,doing so may prove invaluable personally appeared t � /�"`__�ii to persons relying on the document. •Wf NAME(S)OF SIGNER(S) INDIVIDUAL p provided to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the personKwhose nameh .is/ah, TITLE(S) lbscribed to the within instrument and �BAIMAL nowledged to me that he/shoAhey executed PARTNERS) LIMITED same in his/I m4heifiauthorized GENERAL city(its),and that by his/hwAhsi&_.- ATTORNEY-IN-FACT aturefsl on the instrument the person(s)tor TRUSTEES) j%� entity upon behalf of which the personk GUARDIAN/CONSERVATOR d,executed the instrument. OTHER: WITNESS my hand id official seal,JJ�� SIGNER IS REPRESENTING: i (NAME OF PERSON(S)OR ENTITY(TES)) NIUNATURE 0 acknowledged to me that such corporation executed the within instrument pu ant to its Board of Directors. OPTIONAL SECTION ,j/ THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document ctxV i S 1eyl r"QQ,�Y4 Gw1'' TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite.processing of the documents. Si`natures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR.ALL SIGNATURES -The name and interest of the signer should be typed or printed MNEATH the signature. The name must be signed exactly as it is typed or printed. 11. SIGNATURES FOR INTIVIDt1ALS - The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS- Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IVSIGNAT -RES FOR CORPORATIONS Documents should be signed by two officers, one from each of the following two groups: GROUP 1. (a)The Chair of the Board (b)The President (c)Any Vice-President GROUP ?. (a)The Secretary ("b)An Assistant Secretary (c)The Chief Financial Officer (d)The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute Instruments of the type in question is required. A currently valid power of attorney, notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." J, m\r df fSe STATE OF ' SS, COUNTY OF cx n SG� i i - o L,before me, . LL C `,/1 ri n - -- -- PERSONALLY APPEARED L! t c Lea personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capaeity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the LUCILLE RAYMCSNO entity upon behalf of which the person(s) acted, executed COMM #1196530 Notary Public - California � the instrument. ORANGE COUNTY � I&MY Conon,Expires Sept.25,2W2 WITNESS my hand and official seal. Signature This area for Official Notarial Seal OPTIONAL. Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SINNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ! TITLE ORYYPE OF DOCUMENT TrrLE(S) ❑ PARTNER(S) ❑ LIMITED ❑) GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE rt5-0e1 PeV.6/94 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY OF INDEMNITY-COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O.BOX 19725,IRVINE,CA 92623#(949)263-3300 N2095807 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,2002. 2, This Power of Attorney is void If aftered or if any portion is erased, 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorneys)-in-Fact,but should remain a permanent part of the obligee's records, KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally, but not jointly,hereby make,constitute and appoint ***William T. Sherer,David L. Miller, Gregg N. Okura, Yvonne M. Dean, Marie T. Roussere,Pauline M. McLean, James E. Mary,David H. Rhodes,jointly or severally""' the true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Ten Million Dollars($10,000,000)in any single undertaking;giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attomay(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby Is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 3rd day of December,1999. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY BY By r Crowell Crowell tsSURgk resident ri 10oppo0PANY 41sident ZAR.27 OCT.5 ATTEST 967 Z0 1979 40 "FO IR By * - By Walter Crowei! Waiter Crowell Secretary Secretary STATE OF CALIFORNIA )SS. COUNTY OF ORANGE On December 3,1999,before me,Caroline A.Hrycyk,personally appeared Harry Crowell and Walter Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)Is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/herAheir authorized capacity(iss),and that by his/her/their signature(s)on the Instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand no official seal. CAROLINE A.HRYCYK # Signature_& W COMM.Notary Public - Clajifomla ORANGE COUNTY *my Comm.Expires OCT 12,2003l CERTIFICATE IThe undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,we in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 9th day of Aigg!49t , 2000 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY PANYO SUPA,�,, By OCT.5' By ����� 5 §1 MAR.27 William T.Sharer William T.Sharer U3 957 Z IL Senior Vice President /F0 Senior Vice President ID-314(REV.12/99)