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HomeMy WebLinkAboutMINUTES - 12161997 - C132 TO:_ BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: DECEMBER 16, 1997 SUBJECT: ACCEPT AND APPROVE THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE TOWN OF DANVILLE RELATING TO THE PROVISION OF SERVICES TO THE ALAMO SPRINGS PROJECT; SUBDIVISION 7452, ALAMO AREA. (4500-6X5569) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: ACCEPT and APPROVE the Joint Powers Agreement between Contra Costa County and the Town of Danville relating to the provision of services to the Alamo Springs project, Subdivision 7452. H. Financial Impact: No impact to the County General Fund. All costs of the services described in the Joint Exercise of Powers Agreement for this project will be funded through County Service Area M-30. Continued on Attachment: X SIGNATURE: N)1194A_� _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON / -/(v - 9 y 7 APPROVED AS RECOMMENDED-_OTHER_ V07OF SUPERVISORS V07 UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: SE:mw G:\ENGSVC\SPDIST\BO\DECEMBER\DANVLLBO.WPD (,hereby pertly,that thb;fa a true and correct copy of tio on acn•taken end entered on the minutes of the A0.2-t, or: Public Works(Special Districts) gpgrd pf S Nlaote on the data Shown. : Skip Epperly(313-2253) 77 Auditor Controller M . County Counsel PHIL 3ATCHELOR,Clerk of th t;oard an of SuperyWm d County Administrator S.Come,Come Development Adam Lindgren,McCutchen,Doyle,Brown B;Enerson - P.W.Accounting SUBACT: ACCEPT AND APPROVE THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE TOWN OF DANVILLE RELATING TO THE PROVISION OF SERVICES TO THE ALAMO SPRINGS PROJECT; SUB 7452, ALAMO AREA DATE: DECEMBER 16, 1997 PAGE -2- M. Reasons for Recommendations and Background: Subdivision 7452 is a 53 single family residential development with 41 lots in the unincorporated area of the County. The only vehicular and pedestrian access to the project will be through the Town of Danville. In August 1989, the Town and the county entered into a Memorandum of Agreement to undertake a joint- jurisdiction General Plan and project review for the development. In July 1995, the Town and the County entered into a new Memorandum of Agreement to establish procedures for joint project review and approval of the development. The County approved the Revised Preliminary Development Plan, Final Development Plan, and the Revised Vesting Tentative Map for Subdivision 7452 on December 17, 1996. On the same date, the Town Council approved and Revised Preliminary Development Plan, Rezoning and Revised Final Development Plan, and Revised Vesting Tentative Map. Pursuant to the Memorandum of Agreement, both parties will continue to conduct joint review of the development and each shall issue entitlements to the project. The purpose of the Joint Exercise of Powers Agreement is to outline the roles and responsibilities of the Town and the County with respect to the provision of services to the project and the collection and distribution of revenue to be used in connection with financing certain levels of services to be provided by the Town of Danville. The Town will provide services to the project in the entire project area including the unincorporated areas. The County will collect special assessments through the County Service Area to be used to fund services to residents in the unincorporated areas. IV. Consequences of Negative Action: The JEPA will not be approved leaving the responsibility for the provision of services to the development unresolved. RECORDING REQUESTED BY C.132 AND WHEN RECORDED RETURN TO: REVISED 12/16/97 W Town of Danville 510 La Gonda Way Danville, CA 94526 Ann: Town Clerk Space above this line for Recorder's use only JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE TOWN OF DANVILLE RELATING TO THE PROVISION OF SERVICES TO THE ALAMO SPRINGS PROJECT TABLE OF CONTENTS PAGE Section1. Definitions........................................................................................................................4 Section2. Purpose.............................................................................................................................8 Section 3. Provision of Services........................................................................................................8 3.1 Provision of Services to Town Area................................................................................8 3.2 Provision of Services to Unincorporated Area. ...............................................................9 3.3 Level of Services..............................................................................................................9 3.4 Provider of Services—,......................................................................................................9 3.5 Scope of Services.............................................................................................................9 Section4. Type of Services...............................................................................................................9 (a) Police Services........................................................................................................9 (b) Park and Roadside Landscape Service.................................................................10 (c) Public Street Maintenance....................................................................................10 (d) County Public Street Lighting. .............................................................................10 Section 5. Roles and Responsibilities of the Parties.......................................................................11 5.1 County Responsibilities. ................................................................................................11 5.2 Town Responsibilities....................................................................................................11 Section 6. Financial Provisions.......................................................................................................1 l 6.1 CSA Funding Sources....................................................................................................11 6.2 CSA Special Assessment. ..............................................................................................11 6.3 Allocation of CSA Funds...............................................................................................12 (a) CSA L-100 Special Assessment Amount Allocation...........................................12 (b) Town Special Assessment Amount Allocation. ...................................................12 Section7. Budget Process...............................................................................................................13 7.1 Annual Budget. ..............................................................................................................13 7.2 Budget Process...............................................................................................................13 7.3 Funding Shortfall. ..........................................................................................................14 7.4 Supplemental Funding. ..................................................................................................14 i CA972950.035 71295-020 12/11/97 11:06 am TABLE OF CONTENTS (Continued) PAGE Section 8. Dispute Resolution.........................................................................................................14 Section 9. Successors and Assigns, Assignment and Transfer.......................................................15 9.1 Successors and Assigns.............................:....................................................................15 9.2 Covenants Run with the Land........................................................................................15 Section 10. Miscellaneous Provisions...............................................................................................15 10.1 Acknowledgment and Agreement by County................................................................15 10.2 No Third-Party Beneficiaries.........................................................................................16 10.3 No Waiver of Tort Claims Act.......................................................................................16 10.4 Incorporation of Recitals and Introductory Paragraph......................:............................16 10.5 Severability. ...................................................................................................................16 10.6 Other Necessary. Acts.....................................................................................................16 10.7 Remedies.................................,,.....................................................................................17 10.8 California Law. ..............................................................................................................17 10.9 Notices............................................................................................................................17 Section 1 l. Entire Agreement, Counterparts and Exhibits. ..............................................................18 Section 12. Recordation'of Agreement.............................................................................................19 ii CA972950.035 71295-020 12/11/97 11:08 am JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE TOWN OF DANVILLE RELATING TO THE PROVISION OF SERVICES TO THE ALAMO SPRINGS PROJECT This Joint Exercise of Powers Agreement ("Agreement") between Contra Costa County, a political subdivision of the State of California (the "County"), and the Town of Danville, a municipal corporation duly organized and existing under the laws of the State of California (the "Town'), is entered into as of this _ day of December, 1997 (the "Effective Date'. The County and the Town may be referred to individually as the "Parry" and collectively as the "Parties." RECITALS L This Agreement is entered into pursuant to the authority of California Government Code sections 6500 et seq. (the Joint Exercise of Powers Act), which provides that if authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting Parties. 2. This Agreement concerns the provision of certain services, as hereinafter described, to that certain real property consisting of approximately one hundred forty-eight (148) gross acres of vacant land, located partially within the unincorporated area of Alamo, County of Contra Costa, California, and partially within the Town of Danville, County of Contra Costa, California, as more particularly described in Exhibit A attached hereto and incorporated herein by this reference ("Property"). • 3. The Property will be subdivided into four (4) common-area parcels and fifty-three (53) single family residential lots, as more particularly described and depicted in Exhibit B attached hereto and incorporated herein by this reference ("Project" or "Alamo Springs Project'. The owner of the Property and applicant for the Project is Come Development Corporation ("Developer'). While forty-one (41) of the single family residential lots will be in the unincorporated area of the Project,the only vehicular and pedestrian access to the Project will be through the Town. 4. In August 1989, the Town and the County entered into a Memorandum of Agreement to undertake a joint jurisdiction General Plan and joint project review for the Project. After certification of an Environmental Impact Report ("EIR'� for the Project by the County Board of Supervisors at their meeting of December 1992, the Board of Supervisors approved the Project (including Final Development Plan No. 3003-90). The unincorporated area of the Project was simultaneously rezoned to Planned Unit District. 5. On January 23, 1996, the Town and the County entered into a new Memorandum of Agreement to establish procedures for joint review and approval of the Project ("Memorandum ojAgreement'�. The Memorandum of Agreement supersedes the August 1989 agreement referenced in Recital 4 above. On December 17, 1996, the Board of Supervisors approved an Amended Preliminary Development Plan and Final Development Plan for the Project (County File #DP953043) as modified by the County Zoning Administrator May 18, 1997, and Revised Vesting Tentative Map for the Project (County File #SD7452), and on the same date, the Town Council approved a Revised Preliminary Development Plan-Rezoning Requests (Town File #PUD 90-1/County File #2882-RZ); Final Development Plan Requests 2 CA972950.035 71295-020 12/11/97 11:08 am (Town File #DP 95-26/County File #3003-90); Amended Final Development Plan Requests (County File #3006-9, #3043-95); and Revised Vesting Tentative Map Requests (Town File #SD7453/County File#SD7452) ("Entitlentents'�. 6. Pursuant to the Memorandum of Agreement, the Parties will continue to conduct joint review of the Project and shall each issue Entitlements for the Project. Nothing in this Agreement is intended to amend, supersede, or in any way change the provisions of the Memorandum of Agreement. 7. Condition No. 22 of the Conditions of Approval ("Conditions of Approval' requires that prior to the recordation of a final map or issuance of a grading permit for the Project, the applicant shall petition the Town to seek the approval of the Local Agency Formation Commission ("LAFCO'� to adjust the Town boundaries so that no lots within the Project are split between County and Town boundaries. Pursuant to this condition, the Town adopted Resolution No. 124-97 on September 3, 1997 applying to LAFCO to annex and detatch uninhabited territory from the Town and approve formation of a County Service Area ("CSA' pursuant to Government Code sections 25210.1 er seg. (Alamo Springs SD7452) for the Project and adopted the plan for providing public services to the Alamo Springs Project/Corrie Development Corporation pursuant to Government Code section 56653 (the "Plan for Providing Services'. This Agreement implements the Plan for Providing Services and is consistent with and in furtherance of it. 8. Pursuant to County Conditions of Approval Nos. 65, 93, and 94, and Town Conditions of Approval Nos. 65, 94 and 95, this Agreement is entered into to address the provision of the following to the Project: police services, park and roadside landscape services, 3 CA972950.035 71295-020 12/11/97 11:08 am • public street maintenance, and County public street lighting (collectively, "Services'. In connection with the provision of the Services, this Agreement also addresses the funding of the Services through the CSA, and the method of allocation of the funding to the County and the Town. AGREEMENT Section 1. Definitions. "Annual Budget"shall mean the annual budget for the CSA. "Board of Supervisors"or `Board"shall mean the Board of Supervisors of Contra Costa County. "Conditions of Approval" shall mean both (i)those certain conditions attached to the December 17, 1996 approval by the Board of Supervisors of the Revised Preliminary Development Plan and Final Development Plan for-the Project (County File #DP953043) and Revised Vesting Tentative Map for the Project (County File #SD7452) as modified May 19, 1997 by the County Zoning Administrator; and (ii)those certain conditions attached to Resolution No. 172-96 of the Town Council, adopted December 17, 1996 approving the Revised Preliminary Development Plan-Rezoning Requests (Town File #PUD 90-1/County File #2882-RZ); Final Development Plan Requests (Town File #DP 95-26/County File #3003-90); Amended Final Development Plan Requests (County File #3006-93, #3043-95); and Revised Vesting Tentative Map Requests (Town File#SD7453/County File#SD7452). 4 CA972950.035 71295-020 12/11/97 11:08 am "Consumer Price Index"shall mean that certain measure of the average change in prices over time in a fixed market basket of goods as reported by the United States Department of Labor Statistics for the San Francisco-Oakland-San Jose area. The base year for the Consumer Price Index used in calculating the Special Assessment on parcels within the Project Area shall be the year in which this Agreement is executed. "County" shall mean the County of Contra Costa and shall include, unless otherwise provided, any of the County's agencies, departments, commissions, boards, officers, employees or agents. "CSA"shall mean Contra Costa Service Area M-30 established by Resolution No. —of the Board of Supervisors on December 16, 1997. "CSA Funds"shall mean the funds to provide the Services within the CSA by a Special Assessment as further set forth in Section 6.1 of this Agreement. "CSA L-100"shall be Contra Costa County Service Area L-100. "Developer"shall mean the Come Development Corporation. "EIR" shall mean both: (i)the Environmental Impact Report for the Project certified by the Board of Supervisors at its meeting of December_, 1992, by Resolution No._, identified by State Clearinghouse No. 90030192; and (ii)the Mitigated Negative Declaration of Significance for the Project approved by the Board of Supervisors in 1996. "Entitlements" shall mean all permits and approvals that have been issued or will be issued by the County, Town or any other agency with jurisdiction over the Project related to the 5 CA972950.035 71295-020 12/11/97 11:06 am planning for and the development of all or any portion of the Project including, without limitation, the Preliminary Development Plan - Rezoning Requests (Town File #PUD 90-1/County File #2882-RZ); Final Development Plan Requests (Town File #DP 95-26/County File #3003-90); Amended Final Development Plan Requests (County File #3006-93 and #3043-95); and Revised Vesting Tentative Map Requests (Town File #SD7453/County File #SD7452), together with all Conditions of Approval attached thereto, and the EIR, as they may be amended, preliminary development plans, final development plans, rezonings, vesting tentative and final subdivision maps, resubdivisions, design review approvals, development agreements, land use permits, conditional use permits, building and grading permits, and certificates of occupancy. "LAFCO"shall mean the Local Agency Formation Commission of Contra Costa County. "Memorandum of Agreement" shall mean that certain agreement entered into between the Town and the County on January 23, 1996 agreeing to undertake joint review and approval of the Project. "Plan for Providing Services" shall mean the plan for providing public services to the Alamo Springs Project/Corrie Development Corporation prepared by the Town pursuant to Government Code section 56653 attached to the LAFCO application,dated September 3, 1997. "Project" or "Alamo Springs Project" shall mean the Property and the subdivision thereof into four(4) common-area parcels and fifty-three(53) single family residential lots, as more particularly described and depicted in Exhibit B,together with all Entitlements. 6 CA972950.035 712957020 12/11/97 11:08 am "Property" shall mean the approximately one hundred forty-eight (148) gross acres of vacant land, located partially within the unincorporated area of Alamo, County of Contra Costa, California, and partially within the Town of Danville,County of Contra Costa, California, as more particularly described in Exhibit AL "Services" shalt mean those services provided pursuant to the CSA and for which a Special Assessment is levied. Services include police service, park and roadside landscape services, public street maintenance, and County public street lighting, as further described in Sections 4 (a), (b)and(c)herein. "Special Assessment"shall mean only the Special Assessment or Spatial Tax authorized or levied on real property within the CSA pursuant to Section 6.2 of this Agreement. It shall not include taxes, fees, assessments, other ad valorem property taxes, or charges derived from real property within, or property owners or inhabitants of, the CSA, the Unincorporated Area or the Town Area of the Project. "Special Assessment Amount" shall mean the amount of the Special Assessment or Special Tax for a given fiscal year. 'Town"Wall mean the Town of Danville and shall include, unless otherwise provided, any of the Town's agencies, departments, commissions, boards, councils, officers, employees, agents and consultants. "Town Area" shall mean that portion of the Project Area comprising Lots 1 through 1 I which remain within the territorial boundaries and jurisdiction of the Town, excluding the four(4) common-area parcels within the Project. 7 REVJEPA.4oc 712ISM 1211 ON7 03 0 pm "Town Council"shall mean the Town Council of Danville. "Unincorporated Area" shall mean that portion of the Project Area comprising Lots 12 through 53 which remain within the unincorporated area and under the jurisdiction of the County, including any Lots created.by the further subdivision of the portion of Lot 38 within the territorial boundaries and jurisdiction of the County. The Unincorporated Area may be expanded in the future by the annexation of property within the territorial boundaries and jurisdiction of the County to the CSA. The Unincorporated Area shall exclude the four(4) common-area parcels within the Project. Section 2. Purpose. The purpose of this Agreement is to outline the roles and responsibilities of the Parties with respect to the provision of Services to the Project and the collection and distribution of revenue in connection therewith, define the financing mechanism of the CSA, outline the roles and responsibilities of the Parties with respect to the CSA, and document the understanding between the Parties for collecting, allocating, and distributing the Special Assessment. Section 3. Provision of Services. 3.1 Provision of Services to Town Area. The Town Area shall receive the same type and level of public services provided by the Town to all of its residents. The Town Area shall not be included in the CSA, and shall not be subject to the Special Assessment. The Town Area shall be subject to all property taxes, taxes, special taxes, and assessments normally imposed by the Town. 8 CA972950.035 71295-020 12/11/97 11:08 am 3.2 Provision of Services to Unincorporated Area. The Unincorporated Area shall receive the Services as described and defined herein. The Unincorporated Area shall be included in the CSA, and shall be subject to the Special Assessment. The Unincorporated Area is not intended to be annexed to the Town. 3.3 Level of Services. The Services provided to the Town Area and the Unincorporated Area shall be at service levels equivalent to those generally provided by the Town to its residents. 3.4 Provider of Services. The Town shall provide Services in the Unincorporated Area as provided for herein, except as set forth in Section 4(d) herein. 3.5 Scope of Services. All public services not included within the definition of Services are not within the scope of this Agreement and shall be provided by the County, other existing districts and agencies. Section 4. Type of Services. The Unincorporated Area shall be provided with the following Services in accordance with the Plan for Providing Services,the Conditions of Approval,and this Agreement: (a) Police Services. All of the police services provided to Town residents, including without limitation community services, crime prevention, investigation, patrol and traffic enforcement. (b) Park and Roadside Landscape Service. All of the park and roadside landscape services provided to Town residents, including without limitation maintenance of parks and other 9 CA972950.035 71295-020 12/11/97 11:08 am public facilities, such as the Danville Library and Community Center,and maintenance of all roadside and median landscaping. Residents of the Unincorporated Area shall be treated as Town residents for purposes of enrolling in,participating in,.and using in any,way,Town recreational programs and classes, and Town facilities and parks; such treatment shall include,but not be limited to,both fees charged and priority in enrollment or reservations given to Town residents. (c)Public Street Maintenance. All of the public street maintenance,including without limitation repair and replacement of asphalt on public streets,crack sealing and other maintenance measures to protect and prolong the life of public streets,repair and replacement of street signs,stop signs,etc. (d)County Public Street Lighting. The operation,maintenance and service of public street lights and appurtenant facilities in the.County as required to provide safe lighting along public streets in the County shall be provided by CSA L-100. The CSA will pay CSA L-100 a portion of the assessments it collects in consideration for providing such services. The services provided by CSA L-100 are not Services as defined in this Agreement. Section 5. Roles and Responsibilities of the Parties. 5.1 County Responsibilities. The Special Assessment collected by the County through the CSA shall be used to fund the Services provided to the residents of the Unincorporated Area. 5.2 Town Responsibilities. The Town shall provide to the Unincorporated Area the Services provided in Sections 4(b)and(c)of this Agreement. The Town will similarly provide services to the unincorporated area as set forth in Section 4(a)with the approval and authorization of the Contra Costa Count•Sheriff. 10 Section 6. Financial Provisions. 6.1 CSA Funding Sources. Funding to provide the Services within the CSA shall be by a Special Assessment levied pursuant to California Constitution Article XIII D, Government Code section 25210.77 and Contra Costa County Code Chapter 1012-2. The funds provided through the levy of the Special Assessment are defined as the "CSA Funds." The Parties agree to support the authorization and levy of such a Special Assessment and to promptly and diligently provide any necessary documents or other information in connection therewith. 6.2 CSA Special Assessment. The Special Assessment Amount ("Special Assessment Amount's for the first fiscal year shall be the annual Special Assessment per parcel. The Special Assessment Amount shall be established by the County in consultation with the Town. The maximum authorized Special Assessment Amount may be adjusted each subsequent fiscal year based on the Consumer Price Index. Adjustments to the maximum approved Special Assessment Amount shall be calculated pursuant to the following formula: Special Assessment Amount multiplied by the Consumer Price Index for the San Francisco-Oakland-San Jose area for April of the immediately preceding fiscal year plus two percent(2%). The Special Assessment Amount for fiscal year 1998 - 1999 shall be approved by the Board of Supervisors. The amount actually assessed shall be based on the cost of the Services and may be lower than the maximum amount allowed under this formula. 6.3 Allocation of CSA Funds. The Special Assessment Amount identified in Section 6.2 of this Agreement shall be used exclusively by the County for the provision of 11 CA972950.035 71295-020 12/11/97 11:06 am Services to the Unincorporated Area, subject to the allocation and distribution of the Special Assessment as provided in subsections (a) and (b) of this Section 6.3. (a) CSA L-100 Special Assessment Amount Allocation. That portion of the Special Assessment Amount intended to fund public street lighting in the County shall be transferred to CSA L-100, consistent with County procedures. (b) Town Special Assessment Amount Allocation. That portion of the Special Assessment Amount intended to fund the Services, other than the services that will be provided by CSA L-100, shall be paid to the Town upon provision of such Services to the Town. The Town shall submit an invoice to the County for the services provided on a semiannual basis. The ToAm and the County shall enter into a separate services agreement which shall specify billing and payment requirements for all payments-to be made to the Town. Section 7. Budget Process. 7.1 Annual Budget. Each fiscal year (July 1 to June 30), the County shall prepare in writing an Annual Budget for the CSA. The Budget shall be based upon the cost of providing Services to the Unincorporated Area. The Town shall have input into the formulation of the Annual Budget, as further described below. Each Annual Budget shall be included as an amendment to this Agreement. 7.2 Budget Process. Each fiscal year, the County shall approve an Annual Budget for the next fiscal year. The Annual Budget shall be prepared in accordance with the following schedule: 12 CA972950.035 71295-020 12/11/9711:08 am Date Task March 15 The Town prepares Draft Recommended Annual Budget April 30- May 30 The Town meets with the County to review Draft Annual Budget May 30 -June 30 County staff prepares Final Annual Budget and sets Board of Supervisors meeting date to approve June 30 or such date as the The Board of Supervisors approves Final County adopts the final Annual Budget County budget If the budget process described in this Section 7.2 is not completed before July 1 in any fiscal year, unless otherwise provided by law, the CSA budget shall be the same as in the previous fiscal year. 7.3 Funding Shortfall. If the Annual Budget is inadequate in any fiscal year to pay for the Services, including reasonable administrative costs associated with providing the Services, the shortfall shall be divided in proportion to the percentage of the Annual Budget allocated in that fiscal year to (i)the Town, (ii) CSA L-100 and (iii) administrative expenses. 7.4 Supplemental Funding. The County or the Town may, in their sole discretion, allocate supplemental funds to the CSA out of its general funds. Section 8. Dispute Resolution. With regard to any dispute arising out of any obligation, right or duty under this Agreement, any Party shall, at the request of another Party, meet with such Party and/or any representative designated by such Party. The Parties to any such meetings and/or such Parties' 13 CA972950.035 71295-020 12/11/97 11:08 am representatives shall attempt in good faith to resolve any such dispute. However, nothing in this provision shall in any way be interpreted as requiring that such Parties and/or such Parties' representatives reach agreement with regard to those matters being addressed nor shall the outcome of those meetings be binding in any way on any Party unless expressly agreed to by the Parties directly involved in such dispute. Section 9. Successors and Assigns,Assignment and Transfer. 9.1 Successors and Assigns. All of the provisions contained in this Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. In the event of any assignment, nomination or other transfer, the assignee, nominee, successor or transferee shall execute and deliver to the other Party an Assumption Agreement assuming all applicable obligations under this Agreement;and the assignor or transferor shall be automatically released from any and all obligations under this Agreement and any other documents or instruments executed pursuant hereto. 9.2 Covenants Run with the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall constitute covenants that shall run with the Property, and burdens and benefits shall be binding upon and inure to the benefit of each of the Parties and their respective successors, assigns, and representatives. 14 CA972950.035 71295-020 12/11/97 11:08 am Section 10. Miscellaneous Provisions. 10.1 Acknowledgment and Agreement by County. The County acknowledges and agrees that the Town, in undertaking its obligations to provide the Services to the Unincorporated Area under this Agreement, is doing so as the authorized agent of the County. 10.2 No Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement, and only the Parties expressly referenced herein shall have the right to enforce this Agreement. 10.3 No Waiver of Tort Claims Act. In performing any activities required or authorized by, or in any way related to,this Agreement,neither the County nor the Town shall be deemed to have waived any privileges and immunities provided by the Tort Claims Act (Government Code sections 800 et seq.). 10.4 Incorporation of Recitals and Introductory Paragraph. The Recitals contained in this Agreement and the introductory paragraph preceding the Recitals are hereby incorporated into this Agreement as if fully set forth herein. 10.5 Severability. If any term or provision of this Agreement or the application of any term or provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement or the application of this Agreement to other situations shall continue in full force and effect unless amended or modified by mutual consent of the Parties. 15 CA972950.035 71295-020 12/11/97 11:08 am 10.6 Other Necessary Acts. Each Party shall promptly and diligently execute and deliver to the other all such additional instruments and documents as may be reasonably necessary to carry out and secure to the other Party the full and complete enjoyment of its rights and privileges under this Agreement. 10.7 Remedies. Any party may institute an equitable action to cure, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation thereof, enforce by specific performance the obligations and the rights of the Parties hereto or obtain any remedies, except damages, consistent with the foregoing and the purpose of this Agreement. 10.8 California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 10.9 Notices. Any notice or communication required under this Agreement must be in writing and may be given either personally or by registered or certified mail, return receipt requested. If given by registered or certified mail, such notice or communication shall be deemed to have been given or received on the first to occur of(a)actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or(b) five (5) days after a registered or certified letter containing such notice,properly addressed, with postage prepaid, is deposited in the United States mail. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. Any Party may at any time, by giving ten (10) days' written notice to the other Party, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below: 16 CA972950.035 71295-020 12/11/97 11:08 am If to County, to: Director of Community Development Contra Costa County Administration Building 651 Pine Street,4th Floor North Wing Martinez, CA 94553 Telephone: (510) 335-1290 Facsimile: (510) 335-1299 With a copy to: County Counsel Contra Costa County Administration Building 651 Pine Street, 9th Floor Martinez,CA 94553-1288 Telephone: (510) 335-1800 Facsimile: (510) 646-1078 If to Town, to: Town Manager Town of Danville 510 La Gonda Way Danville, CA 94526 Telephone: (510) 820-0154 Facsimile: (510) 838-0548 With a copy to: City Attorney Town.of Danville 510 La Gonda Way Danville, CA 94526 Telephone: (510) 820-1448 Facsimile: (510) 838-0548 Section 11. Entire Agreement, Counterparts and Exhibits. This Agreement is executed in two (2)duplicate counterparts, each of which is deemed to be an original. This Agreement consists of_pages,two (2)notary acknowledgment pages and two (2) exhibits which constitute in full the final and exclusive understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of the County and the Town. The following exhibits are attached to this Agreement and incorporated herein for all n purposes: 17 CA972950.035 71295-020 12/11/97 11:08 am Exhibits Exhibit A Legal Description of Property Exhibit B Site Plan and Description of Alamo Springs Project Section 12. Recordation of Agreement. No later than ten(10) days after all Parties have entered into this Agreement, the County Clerk shall record and execute a copy of this Agreement in the official records of the County of Contra Costa. IN WITNESS WHEREOF, this Agreement has been entered into by and between the County and the Town as of the day and year first above written. COUNTY: County of Contra Costa By: Attest: Clerk of the Board of Supervisors APPROVED AS TO FORM: Victor J. Westman County Counsel By: 1s CA972950.035 71295-020 12/11/97 11:08 am TOWN: . Town of Danville By: Town Manager Attest: Town Clerk APPROVED AS TO FORM: By: Robert Ewing Town Attorney 19 CA972950.035 71295-020 12/11/97 11:08 am —OPTIONAL SECTION STATE OF CALIFORNIA CAPACITY CLAIMED BY SIGNER COUNTY OF Though statute does not require the Notary to fill in the data below, On before me, Notary Public, doing so may prove invaluable to persons relying on the document. personally appeared 0 INDIVIDUAL NAME(S) OF SIGNER(S) 0 CORPORATE OFFICER(S) O personally known to me-OR-O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed TITLE(S) to the within instrument and acknowledged to me that he/she/they executed the same in 0 PARTNER(S) O LIMITED his/her/their authorized capacity(ies), and that 0 GENERAL by his/her/their signatures) on the instrument 0 ATTORNEY-IN-FACT the person(s), or the entity upon behalf of which the person(s) acted, executed the 0 TRUSTEE(S) instrument. 0 GUARDIAN/CONSERVATOR 0 OTHER: Witness my hand and official sea]. SIGNATURE OF NOTARY SIGNER 1S REPRESENTING: Name of Person(s)or Entity(ies) OPTIONAL SECTION THIS CERTIFICATE MUST BE Title orType of Document ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages Date of Document Though the data requested here is not Signer(s)Other Than Named Above required by law,it could prevent fraudulent ©1993 National Notary Association,Canoga Park,CA reattachment of this form. —OPTIONAL SECTION STATE OF CALIFORNIA CAPACITY CLAIMED BY } SIGNER COUNTY OF ) Though statute does not require the Notary to fill in the data below, On before me, Notary Public, doing so may prove invaluable to persons relying on the document. personally appeared 0 INDIVIDUAL NAME(S) OF SIGNERS) ❑CORPORATE OFFICER(S) O personally known to me-OR- O 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 TITLE(S) me that he/she/they executed the same in ❑PARTNER(S) ❑LIMITED his/her/their authorized capacity(ies), and that ❑GENERAL by his/her/their signature(s) on the instrument C1 ATTORNEY-IN-FACT the person(s), or the entity upon behalf of TRUSTEE(S) which the person(s) acted, executed the instrument. ❑GUARDIAN/CONSERVATOR ❑OTHER: Witness my hand and official seal. SIGNATURE OF NOTARY SIGNER IS REPRESENTING: Name of Person(s)or Entity(ies) --0PTIONAL SECTION THIS CERTIFICATE MUST BE Title orType of Document ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages Date of Document Though the data requested here is not Signer(s)Other Than Named Above required by law,it could prevent fraudulent ©1993 National Notary Association,Canoga Park,CA reattachment of this form. JEXHIBIT A LEGAL DESCRIPTION OF PROPERTY BEING A RESUBDIVISION OF PARCEL "D"AS SHOWN ON THE PARCEL MAP 141 PM 421, A PORTION OF LOTS 99 AND 100 RECORDED IN BOOK 3 OF MAPS AT PAGE 51 AND A PORTION OF LOTS 57,58,59 AND 60 RECORDED IN BOOK 2 OF MAPS AT PAGE 48, OFFICIAL RECORDS CONTRA COSTA COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WE&TERL#CORNER OF S=,ID PARCEL`D"; THENCE FROM SAID POINT OF BEGINNING THE FOLLOWING COURSES: NORTH 370 2.7' 37" EAST 568.16 FEET; THENCE NORTH 370 47' 55' EAST 115.15 FEET; THENCE NORTH 360 37' 430 EAST 185.84 FEET; THENCE NORTH 440 07' 43" EAST 198.00 FEET; THENCE NORTH 530 07' 43" EAST 198.00 FEET; THENCE NORTH 450 22' 24" EAST 232.42 FEET; THENCE NORTH 720 36' 52" EAST 332.20 FEET; THENCE NORTH 750 20' 27" EAST 221.49 FEET; THENCE SOUTH 140 30' 52" EAST 700.61 FEET; THENCE SOUTH 870 04' 05" EAST 294.63 FEET;THENCE SOUTH 000 28' 43' EAST 363.73 FEET TO A NON-TANGENT CURVE CONCAVE EASTERLY WITH A RADIUS OF 100.00 FEET FROM WHICH POINT A RADIAL LINE BEARS NORTH 860 44' 42"WEST ; THENCE SOUTHERLY 7.43 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGEL OF 04° 15' 27";THENCE LEAVING SAID CURVE SOUTH 04° 42' 30" EAST 63.13 FEET; THENCE SOUTH 320 44' 05" EAST 91.48 FEET; THENCE NORTH 890 07' 35" EAST 23.60 FEET; THENCE NORTH 730 42' 07" EAST 461.71 FEET; THENCE NORTH 150 36' 47" EAST 326.80 FEET; THENCE NORTH 560 18' 43" EAST 207.53 FEET; THENCE NORTH 070 23' 07" EAST 156.27 FEET; THENCE NORTH 170 35' 41"WEST 484.94 FEET; THENCE SOUTH 81° 4.9' 07" EAST 108.52 FEET; THENCE SOUTH 170 51' 27" EAST 1187.59 FEET; THENCE NORTH 89" 49' 58" EAST 82.42 FEET; THENCE SOUTH 010 55' 31" EAST 83.00 FEET; THENCE SOUTH 790 35' 01'WEST 151.67 FEET; THENCE SOUTH 01° 55' 31" EAST 1430.83 FEET; THENCE SOUTH 230 20' 24"WEST 410.57 FEET; THENCE SOUTH 480 36' 20"WEST 443.81 FEET; THENCE SOUTH 760 69' 06"WEST 300.83 FEET; THENCE SOUTH 330 19' 45" WEST 100.00 FEET; THENCE ' 3. A • NORTH 56040' 15" WEST 50.00 FELT; THENCE SOUTH 330 19' 46"WEST 65.01 FEET; THENCE NORTH 550 37' 09" WEST 98.10 FEET; THENCE NORTH 540 '57' 58" WEST 387.40 FEET; THENCE NORTH 490 39' 45"WEST 605.13 FEET; THENCE NORTH 150 02' 53"WEST 230.26 FEET;THENCE NORTH 250 3251" WEST 130.85 FEET; THENCE NORTH 59° 00' 45"WEST 128.56 FEET; THENCE NORTH 850 19' 21"WEST 195.28 FEET; THENCE NORTH 36° 59' 11" WEST 101.13 FEET; THENCE NORTH 450 31' 01" WEST 150.01 FEET; THENCE NORTH 000 31' 07"WEST 141.43 FEET; THENCE NORTH 330 06' 34"WEST 256.00 FEET; THENCE NORTH 250 45' 26" EAST 311.52 FEET; THENCE NORTH 450 31' 01" WEST 200.02 FEET; THENCE SOUTH 860 45' 25" WEST 141.88 FEET; THENCE NORTH 600 47' 13" WEST 510.27 FEET TO THE POINT OF BEGINNING. CONTAINING 147.43 ACRES MORE OR LESS UNE BEARING DISTANCE UNE BEARING DISTANCE UNE BEARING DISTANCE L1 N3727'37"E 568.16' L30 N56'40'15'W 50.00' L37 N59-0.45"W 128.56' L2 N37'47'55"E 115.15' L31 S33'19'46'w 65.01' L38 N85'19'21'W 195,28' L3 N36'37'43"E 185.84' L32 N55'37'09'w 98.10' L39 N3659'11'W 101.13' L4 N44'07'43'E 198.00' L.33 N5457'58"W 387.40' L40 . N45'31'01"W 150.01' L5 N53'07'43"E 198.00' L34 N49'39'45'W 605.13' L41 NO'31'07'w 141.43' L6 N4522'24'E 232.42' L35. N15'02'53'W 230.26' L42 N33'06'34'W 256.00' L7 N7236'52'E 332.20' L36 N25'32'51'W. 130.85' L43 N25-45.26-E 311.52' L8 N75'20'27'E 221.49' SUBDNISION 4955 L44 N45'31'01"W 200.02' L9 S14'30'52'E 700.61' 212 M 50 L45 S86'45'25"w 141.88' L10 S87'04'05'E 294.63' GREG 1 GREG LOT 24 LOT 24 L46 N60'47'13'W 510.27' BENNETT 212 M so 212 M SO LOT 21 / SUBDIVISION FESTINESE 12 MSO L8 L 0 2855 82 M 16 LOT 22 L� WEN PARCEL B < 212 M SO t4ARCEML A 102 PM 3 N CARNEY wU LOT 5 LOT 6 r0 82 M 16 226 M 27 �' r - THIESSEN �0 0 STASIK PARCEL A Z _ s`ep��0 \ in 14�PML C 1024PM�3 SUBDN510N 5p80 Ppg M 2j IS8 LLA 72 LSM 41 254 M 10 tj LEE< L10 ,�J LOT i � v �. 254 M 10 SCATENA " i 10513 OR 187 A - 04'15'27" C: f0 R 100.00' N86'44'42"w R) cHEON1s QQ¢ L 7.43' LOT 13 G� R 254 M 10 N POINT OF BEGINNING N <��N 9`b 2 N 4 L14 L2 J _ c4s x.._500'_ o� SCATENA L45 13309 OR 879 3 g W►. dd r .(4F �o0G'r Y J W v 0 O FF KH so o. `per SUBDIVISION 7452 N UNE BEARING DISTANCE BEING A.RESUBDIVISION OF PARCEL 'D' AS SHOWN ON L11 SO'28'43'E 363.73' THE PARCEL YAP 141 PAI 42, A PORTION OF LOTS � &in Lt2 504'42'30'E 63.13' lY 99 AND IOD RECORDED IN BOOK 3 AT PACE 51 -AND A o o PORTION OF LOTS 57, 58, 59 AND 60 RECORDED IN L13 S3244'05'E 91.48' BOOK 2 AT PAGE 48, OFFICIAL RECORDS $ _ •ALM CONTRA COSTA COUNTY W L14 N89'07'35'E 23.60' tJj 00 'c � �J L15 N73'42'07'E 461.71' SVOL, AREA 147.43 ACRES N i,< L16 N15'36'4TE 326.80' rF d m=o Z L17 N568'4�3'E 207.53' psi �, 'g 2 1 L18 N0723'07'E 156.27' ,r�e,Of `r 00 L19 N1735'41'W 484.94' ''i 14 1,20 S81'49'07"E 108.52' L21 I S17'51'27'E 1187.59' L22 N89'49'58'E 82.42' EAT SAY 1 L23 S01'55'31"E 83.00' ►ARK DISTRICT REGIONAL 393 L24 S7935'01 W 151.67' ( 8550 OR .�� LZ8 PORTION OF LOT Sp LZS S01'55'31'E 1430.83' 1 ti� \ (2 M 48) L26 I S2320'24"W 410.57' �J�� EAST BAY REGIONAI\ L27 S48'36'20'W 443.81' Tf V O PARK DISTRICT 8550 OR 393 , L.28 S76�9'06'w 300.83' PORTION OF LOT 80 12 M 481 L29 53319-45-W F:\PCA-OWC\941011\SURVEY\ALAMO-LD.DWC 94-1011-20 i EXHIBIT B 4 SITE PLAN AND DESCRIPTION OF ALAMO SPRINGS PROJECT PEBBLE DRIVE LOS BALCONES CORRIE PLACE -o (PAR. D) �.�� CONTRA 38 39 41 4 PARCEL fi COSTA D 37 44 4 50 51 .COUNTY .35 4 46 48 52 `# TOWN OF 32 16 5141 g g�`�. 1 DANVILLE 210 KlMBERLEY 17 19 2 01 7 6 5 ALASPRINGSPLACEPLACE 18 21 4 (PAR. D) (PAR. D) 1 2 0 1 2 3 -----ALAMO 29 .. SPRINGS COURT $ 7 (PAR. D) 38 .-o(i PARCEL a •t ••I PARCELS A THROUGH D EXCLUDED FROM vo'' �Q', JOINT .POWERS ALAMO SPRINGS OF AGGREEMENT SUBDIVISION 7452 NOT TO SCALE Y y` '`• 21 RECORDING REQUES'T'ED BY (�'( FINANCLAL TITLE COMPANY RECORDING REQUESTED BY CONTRA COSTA Co Recorder office AND WHEN RECORDED RETURN TO: STEPHEN L. WEIR, Clerk-Recorder DOC - 99-0051 553-00 Contra Costa County Clerk of the Acct 5- Financial Title Board Thursday, FEB 25, 1999 08:00:00 6.51 Pine Street , 4th F1 FRE $0.00; ; Martinez , CA 94553 Ttl Pd $0.00 2/1-28 00446267 Attn: Ann Cervelli kat/R2/1-28 7 VSs 200 3 Space above this line for Recorder's use only JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE TOWN OF DANVILLE RELATING TO THE PROVISION OF SERVICES TO THE ALAMO SPRINGS PROJECT RECEIVED APR 2 7 1999 CLEA BOARD OF SUP CONTRq COSTA Cp jSORS i ,l + TABLE OF CONTENTS PAGE Section1. Definitions........................................................................................................................4 Section2. Purpose.............................................................................................................................8 Section 3. Provision of Services........................................................................................................8 3.1 Provision of Services to Town Area. ...............................................................................8 3.2 Provision of Services to Unincorporated Area. ...............................................................9 3.3 Level of Services..............................................................................................................9 3.4 Provider of Services.........................................................................................................9 3.5 Scope of Services.............................................................................................................9 Section4. Type of Services...............................................................................................................9 (a) Police Services........................................................................................................9 (b) Park and Roadside Landscape Service ...................................................................9 (c) Public Street Maintenance....................................................................................10 (d) County Public Street Lighting. .............................................................................10 Section 5. Roles and Responsibilities of the Parties.......................................................................10 5.1 County Responsibilities. ................................................................................................10 5.2 Town Responsibilities....................................................................................................10 Section 6. Financial Provisions.......................................................................................................11 6.1 CSA Funding Sources....................................................................................................11 6.2 CSA Special Assessment. ..............................................................................................11 6.3 Allocation of CSA Funds...............................................................................................11 (a) CSA L-100 Special Assessment Amount Allocation. ..........................................12 (b) Town Special Assessment Amount Allocation. ...................................................12 Section7. Budget Process...............................................................................................................12 7.1 Annual Budget. ..............................................................................................................12 7.2 Budget Process...............................................................................................................12 7.3 Funding Shortfall. ..........................................................................................................13 7.4 Supplemental Funding. ..................................................................................................13 i 51553 TABLE OF CONTENTS (Continued) PAGE Section 8. Dispute Resolution.........................................................................................................13 Section 9. Successors and Assigns, Assignment and Transfer. ......................................................14 9.1 Successors and Assigns..................................................................................................14 9.2 Covenants Run with the Land........................................................................................14 Section 10. Miscellaneous Provisions...............................................................................................15 10.1 Acknowledgment and Agreement by County................................................................15 10.2 No Third-Party Beneficiaries.........................................................................................15 10.3 No Waiver of Tort Claims Act.......................................................................................15 10.4 Incorporation of Recitals and Introductory Paragraph...................................................15 10.5 Severability. ...................................................................................................................15 10.6 Other Necessary Acts.....................................................................................................16 10.7 Remedies........................................................................................................................16 10.8 California Law. ..............................................................................................................16 10.9 Notices............................................................................................................................16 Section 11. Entire Agreement, Counterparts and Exhibits. ..............................................................17 Section 12. Recordation of Agreement.............................................................................................18 ii JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE TOWN OF DANVILLE RELATING TO THE PROVISION OF SERVICES TO THE ALAMO SPRINGS PROJECT This Joint Exercise of Powers Agreement ("Agreement's between Contra Costa County, a political subdivision of the State of California (the "County', and the Town of Danville, a municipal corporation duly organized and existing under the laws of the State of California (the "Town', is entered into as of this 16th day of December, 1997 (the "Effective Date'. The County and the Town may be referred to individually as the "Party" and collectively as the "Parties." RECITALS 1. This Agreement is entered into pursuant to the authority of California Government Code sections 6500 et seq. (the Joint Exercise of Powers Act), which provides that if authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting Parties. 2. This Agreement concerns the provision of certain services, as hereinafter described, to that certain real property consisting of approximately one hundred forty-eight (148) gross acres of vacant land, located partially within the unincorporated area of Alamo, County of Contra Costa, California, and partially within the Town of Danville, County of Contra Costa, California, as more particularly described in Exhibit A attached hereto and incorporated herein by this reference ("Property's. 3. The Property will be subdivided into four (4) common-area parcels and fifty-three (53) single family residential lots, as more particularly described and depicted in Exhibit B attached hereto and incorporated herein by this reference ("Project" or "Alamo Springs Project'. The owner of the Property and applicant for the Project is Corrie Development Corporation ("Developer's. While forty-one (41) of the single family residential lots will be in the unincorporated area of the Project, the only vehicular and pedestrian access to the Project will be through the Town. 4. In August 1989, the Town and the County entered into a Memorandum of Agreement to undertake a joint jurisdiction General Plan and joint project review for the Project. After certification of an Environmental Impact Report ("EIR'� for the Project by the County Board of Supervisors at their meeting in December 1992, the Board of Supervisors approved the Project(including Final Development Plan No. 3003-90). The unincorporated area of the Project was simultaneously rezoned to Planned Unit District. 5. On January 23, 1996, the Town and the County entered into a new Memorandum of Agreement to establish procedures for joint review and approval of the Project ("Memorandum ofAgreement'�. The Memorandum of Agreement supersedes the August 1989 agreement referenced in Recital 4 above. On December 17, 1996, the Board of Supervisors approved an Amended Preliminary Development Plan and Final Development Plan for the Project (County File #DP953043) as modified by the County Zoning Administrator May 18, 1997, and Revised Vesting Tentative Map for the Project (County File #SD7452), and on the same date, the Town Council approved a Revised Preliminary Development Plan-Rezoning Requests (Town File #PUD 90-1/County File #2882-RZ); Final Development Plan Requests 2 (Town File #DP 95-26/County File #3003-90); Amended Final Development Plan Requests (County File #3006-9, #3043-95); and Revised Vesting Tentative Map Requests (Town File #SD7453/County File #SD7452) ("Entitlements' . 6. Pursuant to the Memorandum of Agreement, the Parties will continue to conduct joint review of the Project and shall each issue Entitlements for the Project. Nothing in this Agreement is intended to amend, supersede, or in any way change the provisions of the Memorandum of Agreement. 7. Condition No. 22 of the Conditions of Approval ("Conditions of Approval' requires that prior to the recordation of a final map or issuance of a grading permit for the Project, the applicant shall petition the Town to seek the approval of the Local Agency Formation Commission ("LAFCO'� to adjust the Town boundaries so that no lots within the Project are split between County and Town boundaries. Pursuant to this condition, the Town adopted Resolution No. 124-97 on September 3, 1997 applying to LAFCO to annex and detach uninhabited territory from the Town and approve formation of a County Service Area ("CSA' pursuant to Government Code sections 25210.1 et seq. (Alamo Springs SD7452) for the Project and adopted the plan for providing public services to the Alamo Springs Project/Corrie Development Corporation pursuant to Government Code section 56653 (the "Plan for Providing Services'. This Agreement implements the Plan for Providing Services and is consistent with and in furtherance of it. 8. Pursuant to County,Conditions of Approval Nos. 65, 93, and 94, and Town Conditions of Approval Nos. 65, 94 and 95, this Agreement is entered into to address the I 3 provision of the following to the Project: police services, park and roadside landscape services, public street maintenance, and County public street lighting (collectively, "Services'. In connection with the provision of the Services, this Agreement also addresses the funding of the Services through the CSA, and the method of allocation of the funding to the County and the Town. AGREEMENT Section 1. Definitions. "Annual Budget"shall mean the annual budget for the CSA. "Board of Supervisors"or "Board"shall mean the Board of Supervisors of Contra Costa County. "Conditions of Approval" shall mean both (i) those certain conditions attached to the December 17, 1996 approval by the Board of Supervisors of the Revised Preliminary Development Plan and Final Development Plan for the Project (County File #DP953043) and Revised Vesting Tentative Map for the Project (County File #SD7452) as modified May 19, 1997 by the County Zoning Administrator; and (ii)those certain conditions attached to Resolution No. 172-96 of the Town Council, adopted December 17, 1996 approving the Revised Preliminary Development Plan-Rezoning Requests (Town File #PUD 90-1/County File 42882-RZ); Final Development Plan Requests (Town File #DP 95-26/County File 43003-90); Amended Final Development Plan Requests (County File #3006-93, #3043-95); and Revised Vesting Tentative Map Requests (Town File #SD7453/County File#SD7452). 4 l \ "Consumer Price Index"shall mean that certain measure of the average change in prices over time in a fixed market basket of goods as reported by the United States Department of Labor Statistics for the San Francisco-Oakland-San Jose area. The base year for the Consumer Price Index used in calculating the Special Assessment on parcels within the Project Area shall be the year in which this Agreement is executed. "County" shall mean the County of Contra Costa and shall include, unless otherwise provided, any of the County's agencies, departments, commissions, boards, officers, employees or agents. "CSA" shall mean Contra Costa Service Area M-30 established by Resolution No. 97/695 of the Board of Supervisors on December 16, 1997. "CSA Funds" shall mean the funds to provide the Services within the CSA by a Special Assessment as further set forth in Section 6.1 of this Agreement. "CSA L-100"shall be Contra Costa County Service Area L-100. "Developer"shall mean the Corrie Development Corporation. "EIR" shall mean both: (i) the Environmental Impact Report for the Project certified by the Board of Supervisors at its meeting of December 1992, identified by State Clearinghouse No. 90030192; and (ii) the Mitigated Negative Declaration of Significance for the Project approved by the Board of Supervisors in 1996. "Entitlements" shall mean all permits and approvals that have been issued or will be issued by the County, Town or any other agency with jurisdiction over the Project related to the 5 planning for and the development of all or any portion of the Project including, without limitation, the Preliminary Development Plan - Rezoning Requests (Town File #PUD 90-1/County File 42882-RZ); Final Development Plan Requests (Town File #DP 95-26/County File #3003-90); Amended Final Development Plan Requests (County File #3006-93 and #3043-95); and Revised Vesting Tentative Map Requests (Town File #SD7453/County File #SD7452), together with all Conditions of Approval attached thereto, and the EIR, as they may be amended, preliminary development plans, final development plans, rezonings, vesting tentative and final subdivision maps, resubdivisions, design review approvals, development agreements, land use permits, conditional use permits, building and grading permits, and certificates of occupancy. "LAFCO"shall mean the Local Agency Formation Commission of Contra Costa County. "Memorandum of Agreement" shall mean that certain agreement entered into between the Town and the County on January 23, 1996 agreeing to undertake joint review and approval of the Project. "Plan for Providing Services" shall mean the plan for providing public services to the Alamo Springs Project/Corrie Development Corporation prepared by the Town pursuant to Government Code section 56653 attached to the LAFCO application, dated September 3, 1997. "Project" or "Alamo Springs Project" shall mean the Property and the subdivision thereof into four (4) common-area parcels and fifty-three (53) single family residential lots, as more particularly described and depicted in Exhibit B, together with all Entitlements. 6 ' "Property" shall mean the approximately one hundred forty-eight (148) gross acres of vacant land, located partially within the unincorporated area of Alamo, County of Contra Costa, California, and partially within the Town of Danville, County of Contra Costa, California, as more particularly described in Exhibit A. "Services" shall mean those services provided pursuant to the CSA and for which a Special Assessment is levied. Services include police service, park and roadside landscape services, public street maintenance, and County public street lighting, as further described in Sections 4 (a), (b) and (c) herein. "Special Assessment"shall mean only the Special Assessment or Special Tax authorized or levied on real property within the CSA pursuant to Section 6.2 of this Agreement. It shall not include taxes, fees, assessments, other ad valorem property taxes, or charges derived from real property within, or property owners or inhabitants of, the CSA, the Unincorporated Area or the Town Area of the Project. "Special Assessment Amount" shall mean the amount of the Special Assessment or Special Tax for a given fiscal year. "Town" shall mean the Town of Danville and shall include, unless otherwise provided, any of the Town's agencies, departments, commissions, boards, councils, officers, employees, agents and consultants. 7 "Town Area" shall mean that portion of the Project Area comprising Lots 1 through 11 which remain within the territorial boundaries and jurisdiction of the Town, excluding the four (4) common-area parcels within the Project. "Town Council"shall mean the Town Council of Danville. "Unincorporated Area" shall mean that portion of the Project Area comprising Lots 12 through 53 which remain within the unincorporated area and under the jurisdiction of the County, including any Lots created by the further subdivision of the portion of Lot 38 within the territorial boundaries and jurisdiction of the County. The Unincorporated Area may be expanded in the future by the annexation of property within the territorial boundaries and jurisdiction of the County to the CSA. The Unincorporated Area shall exclude the four (4) common-area parcels within the Project. Section 2. Purpose. The purpose of this Agreement is to outline the roles and responsibilities of the Parties with respect to the provision of Services to the Project and the collection. and distribution of revenue in connection therewith, define the financing mechanism of the CSA, outline the roles and responsibilities of the Parties with respect to the CSA, and document the understanding between the Parties for collecting, allocating, and distributing the Special Assessment. Section 3. Provision of Services. 3.1 Provision of Services to Town Area. The Town Area shall receive the same type and level of public services provided by the Town to all of its residents. The Town Area shall 8 not be included in the CSA, and shall not be subject to the Special Assessment. The Town Area shall be subject to all property taxes, taxes, special taxes, and assessments normally imposed by the Town. 3.2 Provision of Services to Unincorporated Area. The Unincorporated Area shall receive the Services as described and defined herein. The Unincorporated Area shall be included in the CSA, and shall be subject to the Special Assessment. The Unincorporated Area is not intended to be annexed to the Town. 3.3 Level of Services. The Services provided to the Town Area and the Unincorporated Area shall be at service levels equivalent to those generally provided by the Town to its residents. 3.4 Provider of Services. The Town shall provide Services in the Unincorporated Area as provided for herein, except as set forth in Section 4(d) herein. 3.5 Scope of Services. All public services not included within the definition of Services are not within the scope of this Agreement and shall be provided by the County, other existing districts and agencies. Section 4. Type of Services. The Unincorporated Area shall be provided with the following Services in accordance with the Plan for Providing Services, the Conditions of Approval, and this Agreement: 9 (a) Police Services. All of the police services provided to Town residents, including without limitation community services, crime prevention, investigation, patrol and traffic enforcement. (b) Park and Roadside Landscape Service. All of the park and roadside landscape services provided to Town residents, including without limitation maintenance of parks and other public facilities, such as the Danville Library and Community Center, and maintenance of all roadside and median landscaping. Residents of the Unincorporated Area shall be treated as Town residents for purposes of enrolling in, participating in, and using in any way, Town recreational programs and classes, and Town facilities and parks; such treatment shall include, but not be limited to, both fees charged and priority in enrollment or reservations given to Town residents. (c) Public Street Maintenance. All of the public street maintenance, including without limitation repair and replacement of asphalt on public streets, crack sealing and other maintenance measures to protect and prolong the life of public streets, repair and replacement of street signs, stop signs, etc. (d) County Public Street Lighting. The operation, maintenance and service of public street lights and appurtenant facilities in the County as required to provide safe lighting along public streets in the County shall be provided by CSA L-100. The CSA will pay CSA L-100 a portion of the assessments it collects in consideration for providing such services. The services provided by CSA L-100 are not Services as defined in this Agreement. Section 5. Roles and Responsibilities of the Parties. 5.1 County Responsibilities. The Special Assessment collected by the County through the CSA shall be used to fund the Services provided to the residents of the Unincorporated Area. 10 5.2 Town Responsibilities. The Town shall provide to the Unincorporated Area the Services provided in Sections 4(a), (b) and (c) of this Agreement. Section 6. Financial Provisions. 6.1 CSA Funding Sources. Funding to provide the Services within the CSA shall be by a Special Assessment levied pursuant to California Constitution Article XIII D, Government Code section 25210.77 and Contra Costa County Code Chapter 1012-2. The funds provided through the levy of the Special Assessment are defined as the "CSA Funds." The Parties agree to support the authorization and levy of such a Special Assessment and to promptly and diligently provide any necessary documents or other information in connection therewith. 6.2 CSA Special Assessment. The Special Assessment Amount ("Special Assessment Amount's for the first fiscal year shall be the annual Special Assessment per parcel. The Special Assessment Amount shall be established by the County in consultation with the Town. The maximum authorized Special Assessment Amount may be adjusted each subsequent fiscal year based on the Consumer Price Index. Adjustments to the maximum approved Special Assessment Amount shall be calculated pursuant to the following formula: Special Assessment Amount multiplied by the Consumer Price Index for the San Francisco-Oakland-San Jose area for April of the immediately preceding fiscal year plus two percent (2%). 11 The Special Assessment Amount for fiscal year 1998 - 1999 shall be approved by the Board of Supervisors. The amount actually assessed shall be based on the cost of the Services and may be lower than the maximum amount allowed under this formula. 6.3 Allocation of CSA Funds. The Special Assessment Amount identified in Section 6.2 of this Agreement shall be used exclusively by the County for the provision of Services to the Unincorporated Area, subject to the allocation and distribution of the Special Assessment as provided in subsections (a) and (b) of this Section 6.3. (a) CSA L-100 Special Assessment Amount Allocation. That portion of the Special Assessment Amount intended to fund public street lighting in the County shall be transferred to CSA L-100, consistent with County procedures. (b) Town Special Assessment Amount Allocation. That portion of the Special Assessment Amount intended to fund the Services, other than the services that will be provided by CSA L-100, shall be paid to the Town upon provision of such Services by the Town. The Town shall submit an invoice to the County for the services provided on a semiannual basis. The Town and the County shall enter into a separate services agreement which shall specify billing and payment requirements for all payments to be made to the Town. Section 7. Budget Process. 7.1 Annual Budget. Each fiscal year (July 1 to June 30), the County shall prepare in writing an Annual Budget for the CSA. The Budget shall be based upon the cost of providing Services to the Unincorporated Area. The Town shall have input into the formulation of the 12 Annual Budget, as further described below. Each Annual Budget shall be included as an amendment to this Agreement. 7.2 Budget Process. Each fiscal year, the County shall approve an Annual Budget for the next fiscal year. The Annual Budget shall be prepared in accordance with the following schedule: Date Task March 15 The Town prepares Draft Recommended Annual Budget April 30 - May 30 The Town meets with the County to review Draft Annual Budget May 30 - June 30 County staff prepares Final Annual Budget and sets Board of Supervisors meeting date to approve June 30 or such date as the The Board of Supervisors approves Final County adopts the final Annual Budget County budget If the budget process described in this Section 7.2 is not completed before July 1 in any fiscal year, unless otherwise provided by law, the CSA budget shall be the same as in the previous fiscal year. 7.3 Funding Shortfall. If the Annual Budget is inadequate in any fiscal year to pay for the Services, including reasonable administrative costs associated with providing the Services, the shortfall shall be divided in proportion to the percentage of the Annual Budget allocated in that fiscal year to (i) the Town, (ii) CSA L-100 and (iii) administrative expenses. 7.4 Supplemental Funding. The County or the Town may, in their sole discretion, allocate supplemental funds to the CSA out of its general funds. 13 Section 8. Dispute Resolution. With regard to any dispute arising out of any obligation, right or duty under this Agreement, any Party shall, at the request of another Party, meet with such Party and/or any representative designated by such Party. The Parties to any such meetings and/or such Parties' representatives shall attempt in good faith to resolve any such dispute. However, nothing in this provision shall in any way be interpreted as requiring that such Parties and/or such Parties' representatives reach agreement with regard to those matters being addressed nor shall the outcome of those meetings be binding in any way on any Party unless expressly agreed to by the Parties directly involved in such dispute. Section 9. Successors and Assigns, Assignment and Transfer. 9.1 Successors and Assigns. All of the provisions contained in this Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. In the event of any assignment, nomination or other transfer, the assignee, nominee, successor or transferee shall execute and deliver to the other Party an Assumption Agreement assuming all applicable obligations under this Agreement, and the assignor or transferor shall be automatically released from any and all obligations under this Agreement and any other documents or instruments executed pursuant hereto. 9.2 Covenants Run with the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall constitute covenants that shall run with the Property, and burdens and benefits shall be binding upon and 14 inure to the benefit of each of the Parties and their respective successors, assigns, and representatives. Section 10. Miscellaneous Provisions. 10.1 Acknowledgment and Agreement by County. The County acknowledges and agrees that the Town, in undertaking its obligations to provide the Services to the Unincorporated Area under this Agreement, is doing so as the authorized agent of the County. 10.2 No Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement, and only the Parties expressly referenced herein shall have the right to enforce this Agreement. 10.3 No Waiver of Tort Claims Act. In performing any activities required or authorized by, or in any way related to, this Agreement, neither the County nor the Town shall be deemed to have waived any privileges and immunities provided by the Tort Claims Act (Government Code sections 800 et seq.). 10.4 Incorporation of Recitals and Introductory Paragraph. The Recitals contained in this Agreement and the introductory paragraph preceding the Recitals are hereby incorporated into this Agreement as if fully set forth herein. 10.5 Severability. If any term or provision of this Agreement or the application of any term or provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this 15 Agreement or the application of this Agreement to other situations shall continue in full force and effect unless amended or modified by mutual consent of the Parties. 10.6 Other Necessary Acts. Each Party shall promptly and diligently execute and deliver to the other all such additional instruments and documents as may be reasonably necessary to carry out and secure to the other Party the full and complete enjoyment of its rights and privileges under this Agreement. 10.7 Remedies. Any party may institute an equitable action to cure, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation thereof, enforce by specific performance the obligations and the rights of the Parties hereto or obtain any remedies, except damages, consistent with the foregoing and the purpose of this Agreement. 10.8 California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 10.9 Notices. Any notice or communication required under this Agreement must be in writing and may be given either personally or by registered or certified mail, return receipt requested. If given by registered or certified mail, such notice or communication shall be deemed to have been given or received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. Any Party may at any time, by 16 giving ten(10) days' written notice to the other Party, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below: If to County, to: Director of Community Development Contra Costa County Administration Building 651 Pine Street, 4th Floor North Wing Martinez, CA 94553 Telephone: (510) 335-1290 Facsimile: (510) 335-1299 With a copy to: County Counsel Contra Costa County Administration Building 651 Pine Street, 9th Floor Martinez, CA 94553-1288 Telephone: (510) 335-1800 Facsimile: (510) 646-1078 If to Town, to: Town Manager Town of Danville 510 La Gonda Way Danville, CA 94526 Telephone: (510) 820-0154 Facsimile: (510) 838-0548 With a copy to: City Attorney Town of Danville 510 La Gonda Way Danville, CA 94526 Telephone: (510) 820-1448 Facsimile: (510) 838-0548 Section 11. Entire Agreement, Counterparts and Exhibits. This Agreement is executed in two (2) duplicate counterparts, each of which is deemed to be an original. This Agreement consists of 19 pages, two (2) notary acknowledgment pages and two (2) exhibits which constitute in full the final and exclusive understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with 17 respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of the County and the Town. The following exhibits are attached to this Agreement and incorporated herein for all purposes: E2ihibits Exhibit A Legal Description of Property Exhibit B Site Plan and Description of Alamo Springs Project Section 12. Recordation of Agreement. No later than ten (10) days after all Parties have entered into this Agreement, the County Clerk shall record and execute a copy of this Agreement in the official records of the County of Contra Costa. IN WITNESS WHEREOF, this Agreement has been entered into by and between the County and the Town as of the day and year first above written. COUNTY: County of Contra Costa By: Attest: 4 0404 Cler f the Board of Supervisors APPROVED AS TO FORM: Victor J. Westman County Counsel By: 18 TOWN: �"��� Town of Danville By: o Manager Atte t Town Clerk APPR VED AS TO FORM: By: Robert Ewing Town Attorney CA972950.035 19 =OPTIONAL SECTION STATE OF CALIFORNIA CAPACITY CLAIMED BY } SIGNER COUNTY OF Contra Costa Though statute does not require the Notary to fill in the data below, On 4/27/98 before me, Rochelle A. Flotten . Notary Public, doing so may prove invaluable to persons relying on the document. personally appeared JOSEPH A. CALABRIGO ❑ INDIVIDUAL NAME(S) OF SIGNER(S) ❑ CORPORATE OFFICER(S) Ypersonally known to me-OR- ❑proved to me on the basis of satisfactory evidence to be the personKwhose name} is/*subscribed TITLE(S) to the within instrument and acknowledged to me that he/sh te/pW executed the same in ❑ PARTNER(S) ❑ LIMITED his/Itr/t*r authorized capacity( , and that ❑ GENERAL by his/ eir signature ) on the instrument M ❑ ATTORNEY-IN-FACT ROCHELLE A.ROTTEN the person , or the entity upon behalf of _• COMM.#1022977 which the person acted, executed the ❑ TRUSTEE(S) Notary Public—Callfomia instrument. ❑ GUARDIAN/CONSERVATOR :i CONTRA COSTA COUNT My Comm.Expires MAY 26.1998 ® OTHER: Town- Manager Witness my hand and official seal. 1' SIGNATURE OF NOTARY SIGNER IS REPRESENTING: Name of Person(s)or Entity(ies) Town of Danville OPTIONAL SECTION Joint Exercise of Powers Agreement THIS CERTIFICATE MUST BE Title orType of DocumentBetween Contra Costa County and the Town ATTACHED TO THE DOCUMENT of Danville Relating to the Alamo SpriProject DESCRIBED AT RIGHT: Number of Pages 19 Date of Document 12M/97 Though the data requested here is not Signer(s)Other Than Named Above Contra Costa County required by law, it could prevent fraudulent 01993 National Notary Association, Canoga Park,CA reattachment of this form. OPTIONAL SECTION STATE OF CALIFORNIA CAPACITY CLAIMED BY SIGNER COUNTY OF 6w,74 Though statute does not require the I Notary to fill in the data below, On - before me, �c �U�/� Notary Public, doing so may prove invaluable to personally appeared persons relying on the document. IL ��rc��LaQ NAME(S) OF SIGNER(S) 13 INDIVIDUAL it] CRPORATE OFFICER(S) l�personally known to me-OR- 11proved to me on the basis of satisfactory evidence to be ��,{�yi ty the person(a)-whose name( is/af-e-subscribed �— to the within instrument and acknowledged to TITLE(S) me that he/sho4hey--executed the same in ❑ PARTNER(S) ❑ LIMITED his/ILed1hpir authorized capacity(•iees); and that ❑ GENERAL by his/lier4heir signature(&) on the instrument ❑ ATTORNEY-IN-FACT the person(-s}, or the entity upon behalf of LINDA HOOVER Wich the persox�J' acted, executed the El TRUSTEE(S) Commission# 1154215 in Zrument. ❑ GUARDIAN/CONSERVATOR Notary Public-California � 1:1 OTHER: Contra Costa County W ness my hand and official seal. My Comr_..H p:re;Seo 5,20(31 SIGNATURE OF NOTARY SIGNER IS REPRESENTING: Name of Person s)or Entity(ies) OPTIONAL SECTI7I —f 6-77777.7 d¢ 077,73 R&-,,*vr THIS CERTIFICATE MUST BE Title orType of Document't'C 1102 dF a47)-Vie6 t--64C- ARAr4e',b /i oVc5 , ATTACHED TO THE DOCUMENT 58 '1.05 4. DESCRIBED AT RIGHT: Number of Pages Date of Document 9 Though the data requested here is not Signer(s)Other Than Named Above required by law, it could prevent fraudulent ©1993 National Notary Association,Canoga Park,CA reattachment of this form. 1EXHIBIT A LEGAL DESCRIPTION OF PROPERTY BEING A RESUBDIVISION OF PARCEL"D"AS SHOWN ON THE PARCEL MAP 141 PM 421, A PORTION OF LOTS 99 AND 100 RECORDED IN BOOK 3 OF MAPS AT PAGE 51 AND A PORTION OF LOTS 57,58,59 AND 60 RECORDED IN BOOK 2 OF MAPS AT PAGE 46, OFFICIAL RECORDS CONTRA COSTA COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WES•ER-L-ItGORNER OF 0.1D PARCEL`D"; THENCE FROM SAID POINT OF BEGINNING THE FOLLOWING COURSES: NORTH 37° 2737" EAST 568.16 FEET,THENCE NORTH 370 47' 55' EAST 115.15 FEET; THENCE NORTH 360 37' 43" EAST 185.84 FEET; THENCE NORTH 440 07' 43" EAST 198.00 FEET; THENCE NORTH 53° 07' 43" EAST 198.00 FEET; THENCE NORTH 45° 22' 24" EAST 232.42 FEET;THENCE NORTH 720 3652" EAST 332.20 FEET; THENCE NORTH 750 20' 27" EAST 221.49 FEET; THENCE SOUTH 140 30' 52" EAST 700.61 FEET; THENCE SOUTH 870 04' 05" EAST 294.63 FEET-,-THENCE SOUTH 000 28' 43" EAST 363.73 FEET TO A NON-TANGENT CURVE CONCAVE EASTERLY WITH A RADIUS OF 100.00 FEET FROM WHICH POINT A RADIAL LINE BEARS NORTH 860 44' 42"WEST ; THENCE SOUTHERLY 7.43 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGEL OF 04° 15' 27"; THENCE LEAVING SAID CURVE SOUTH 040 42' 30" EAST 63.13 FEET; THENCE SOUTH 320 44' 05" EAST 91.48 FEET; THENCE NORTH 890 07' 35" EAST 23.60 FEET; THENCE NORTH 730 42' 07n EAST 461.71 FEET; THENCE NORTH 15° 36' 47" EAST 326.80 FEET; THENCE NORTH 560 18' 43" EAST 207.53 FEET;THENCE NORTH 070 23' 07" EAST 156.27 FEET; THENCE NORTH 17" 35' 41"WEST 484.94 FEET;THENCE SOUTH 810 49' 07" EAST 108.52 FEET; THENCE SOUTH 170 51' 270 EAST 1187.59 FEET;THENCE NORTH 890 49' 58m EAST 82.42 FEET; THENCE SOUTH 01° 55' 31" EAST 83.00 FEET; THENCE SOUTH 790 35' 01"WEST 151.67 FEET; THENCE SOUTH 01° 55' 31" EAST 1430.83 FEET; THENCE SOUTH 230 20' 24" WEST 410.57 FEET; THENCE SOUTH 480 36' 20".WEST 443.81 FEET;THENCE SOUTH 76° 09' 06"WEST 300.83 FEET;THENCE SOUTH 330 19' 45" WEST 100.00 FEET; THENCE K SJ-553 NORTH 56" 40' 15"WEST 50.00 FEST; THENCE SOUTH 33" 19'46"WEST 65.01 FEET; THENCE NORTH 55" 37' 09"WEST 98.10 FEET; THENCE NORTH 54" 57' 58"WEST 387.40 FEET; THENCE NORTH 49" 3945"WEST 605.13 FEET; THENCE NORTH 15" 02' 53"WEST 230.26 FEET;THENCE NORTH 25" 32' 51"WEST 130.85 FEET;THENCE NORTH 59" 00'45"WEST 128.56 FEET; THENCE NORTH 85" 19' 21"WEST 195.28 FEET; THENCE NORTH 36" 59' 11"WEST 101.13 F€ET; THENCE NORTH 45" 31' 01"WEST 150.01 FEET; THENCE NORTH 00" 31' 07"WEST 141.43 FEET;THENCE NORTH 33" 06' 34"WEST 256.00 FEET; THENCE NORTH 25" 45' 26" EAST 311.52 FEET; THENCE NORTH 450 31' 01" WEST 200.02 FEET; THENCE SOUTH 86" 45' 25" WEST 141.88 FEET; THENCE NORTH 60" 47' 13"WEST 510.27 FEET TO THE POINT OF BEGINNING. CONTAINING 147.43 ACRES MORE OR LESS j UNE BEARING DISTANCE UNE BEARING DISTANCE UNE BEARING DISTANCE L1 N3727'37"E 568.16' L30 N56'40'15`W 50.00' L37 N59'0'45"W 128.56' L2 N3747'55"E 115.15' L31 S33'19'46'W 65.01' L38 N85'19'21'W 195.28' L3 N36'37'43'E 185.84' L32 N55'37'09"1M 98.10' L39 N36'59'11'W 101.13' L4 N44'07'43'E 198.00' L33 N54'57'58"W 387.40' L40 . N45'31'01'W 150.01' L5 N53'07'43'E 198.00' L34 N49'39'45"W 605.13' L41 NO'31'07'W 141.43' L6 N4522'24'E 232.42' L35. N15'02'53"W 230.26' L42 N33'06'34'W 256.00' L7 N7236'52'E 332.20' L36 N2532'51'W 130.85' L43 N25'45'26"E 311.52' LB N7520'27"E 221.49' SUBDIVISION 1955 L44 N45'31'01"W 200.02' i L9 S14'30'52"E 700.61' % 212 M SO L45 S86'45'25"W 141.88' L10 S87'04'05'E 294.63' GREs 1 LOT 2 L46 N60'4T13"w' 510.27' LOT 24 Y12 M 50 BENNETT 212 M 50 LOT 21 SWDNt510N 212 M SO/ 2855 L FEST NESE �g 0 82 M 16 LOT 22 L� WEN PARCEL B r .2 12 M 50 141 ML 2 102 PM 3 N CARNET wu LOT 5 LOT 6 82 M 16 ' v THIESSEN �o 228 M 27 "o C5TA51K PARCEL A Z PARCEL C 1024FM �J - 2 13/pH M 141 M 42 LLA T2 LSM 41 SUBDIVISION 5980 2e 41 2 j /$a �k Go 254 M 10 O LEE \ vy L10 � 254 M,10 SGATENA p = 04'15'27" 10513 OR 167 co R N86-44-42'W(R) `' CHEONIS Q L = 7.43.43'' ' LOT 13 1 R 254 M 10 N (ice Na 9 POINT OF BEGINNINC 22 L�5 r _ L14 124 w itt T4s 500', W� Z o_ SCATENA L45 u _$ •( 13309 OR 879 E?lk us 13309 YA �C,0KO m YJ . f +tr tmp CL� Qt d v O O 1- • d0 d SUBDIVISION 7452 N LINE 13EARINC DISTANCE BEING A RESUBDIVISION OF PARCEL V AS SHOWN ON '- Ll1 SO-28'43"E 363.73' �_ THE PARCEL MAP 141 PAI 42, A PORTION OF LOTS _ rx n 99 AND 100 RECORDED 91 BOOK 3 AT PAGE 51 -AND A W X L12 SO4-42.30-E 63.13' :o PORTION OF LOTS 57, 58, 59 AND 60 RECORDED IN ¢; o L13 S32'44'05'E 91.48' BOOK 2 AT PAGE 48, OFFICIAL RECORDS $ _ �L38 CONTRA COSTA COUNTY � L1a N89 DT35'E 23.60' �.Jj 9 o L15 N73-42'07'E 461.71' S r� AREA . 147.43 ACRES %;r 2 L16 N15'36'47'E 326.80' rqr 'n d m L17 N56-18'43'E 207.53' r 2 o L18 N07'23'07'E 156.27' sl�rfGp e 4 �o L19 N17'35'41'w 484.94' `�b� L20 581'49'07"E 108.52' (� L21 S17'51.27'E 1187.59' v L22 N89'49'58"E 82.42' 1 �'L EAS' SAY REGIONAL L23 SOl'55'31'E 83.00' PARK DISTRICT 93 L24 S79'35'01'W 151.67' ( 8550 OR CT • .I� L-26 PORTION OF LOT 59 L25 SOI'55'31'E 1430.83' 1 �� 12 M 481 L26 S23'20.24'w 410.57' " EAST BAY REG10NA1. L27 $48'36'20"W 443.81' �,>� ? C O PARK DISTRICT 8550 OR 393 L28 S76'09'06'W300.83' PORTION OF LOT Iso '�q� (2 M 48) L29 S3319'45'W 100.00' f F:\DCA_0WC\941011\SUR VEY\ALAMO-LD.OwG oa_tot t-90 5 .553 ' EXHIBIT B s SITE PLAN AND DESCRIPTION OF ALAMO SPRINGS PROJECT PEBBLE DRIVE LOS BALCONES CORRIE PLACE -o (PAR. D) CONTRA 39 41 4 PARCEL COSTA 38 37 4 D 4 50 51 -COUNTY 35 4 46 48 9. 60 8610. �� 53 r..' TOWN OF 32 16 51412110 9 8 '�.,! D AN VI LLE KIMBERLEY 17 19 2 x.11 7 6 5 ALAMO 18 PLACE 214SP(PAR. D} CE (PAR. D) 4 1 2 C 11 2 3 ALAMO 29 dM SPRINGS COURT $ (PAR. D) 38 4 PARCEL T9T Q�Q F Q qI PARCELS A THROUGH D v�=q4 EXCLUDED FROM SPRING caa y>Q JOINT .ROE ERS ALAMO OF AGGREMENT SUBDIVISION 7452 NOT TO SCALE RDOF WNW��