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HomeMy WebLinkAboutMINUTES - 11031998 - C22-C27 . ........................................................................................... Recorded at the request of- Contra Costa County Public Works Department Return to: Public Worcs Department Engineering Services THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on November 3, 1998, by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, ',and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/565 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA Offer of Dedication DP 973010 Contra Costa County North (Sidewalk Easement) Redevelopment Richmond Agency RL:LW:mw \\P W S I\5HARDATA\GrpData\EngSvc\BO\BO 11-3-98.doc Contact: Originator: PublRich Works 13-2 I hereby certify that this is a true and correct Contact: Rich Lierty{313-2348) Y Y cc: Recorder(via Clerk)then PW Records copy of ars action taken and entered on the minutes of the Board of Supervisors on the Current Planing,Community Developmentminutes Shown, p ATTESTED: "dw PHIL BATCHELOR, Clerk of the Board of Supervisors and =—Deputy inistrator By ..t1 Recorded at the request o Contra Cosh County Engineering Services Division CONTRA COSTA Co Recorder's Office Return to; STEPHEN L. WEIR, County Recorder Public Works Department DOC - 9S-0276o30-00 Records Section Wednesday, ANO 04, 1998 `i3: 3:45 FRE Area q #0 601M i6.00 Nbr-0000325460 Road 6�CL Wei! t Ire/R9/1-5 Co. Road No. 0 5VV Development DP 301.0-97 Assessor's No. 40-b'Lo wt)U I IG ro OFFER OF DEDI &TION- IDEWALK EASEMEI`+IT Contra Costa County Redevelopment Agency, the undersigned, being the present title owner(s) of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the public use to CONTRA COSTA COUNTY and its successors or assigns, an easement for public use for sidewalk purposes, the real property situated in the County of Contra Costa, State of California, described in Exhibit "A"(written description) and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that CONTRA COSTA COUNTY and its successors or assigns shall incur no bability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the Board of Supervisors, or of the local governing body of its successors or assigns. In the event CONTRA COSTA COUNTY, or its successors and assigns, on behalf of the public, should determine that the use of said property or any portion thereof is no longer needed, the rights herein given shall terminate as to those portions not needed and revert to the undersigned owners or their successors or assigns. The provisions hereof shall inure to the benefits of and be binding upon the heirs, successors, assigns, and personal representatives of the respective parties hereto. IN WITNESS WHEREOF, these presents have executed this instrument this day of .7 Si ature: Signature: Print: �wr e- a cr Print: (see attached notary) $Aeg*vckworr\of.s (8110194) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On 3/2/98 before me, **Linda Hoover, Notary** Cafe Name arxi Title of Officer(e.g.,:fare Doe,Notary Public") personally appeared **Fames K; rn qd ** I Names)of Signer(s) FSpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(e)whose names}is/am-eubscribed to the .�►•+ 433 vm within instrument and acknowledged to me that he/shsA4ett- C: ovy4siom 0 115415 � executed the same in his/hE d#*i�authorized capacity(ies), ic-O and that by his/had "Nt signatures} on the instrument the Ccnfto C*00 CcxmtY person(z}-or the entity upon behalf of which the personks my Comm, res S�� VO� - acted, executed the instrument. wlTNEss my d and offlCtal se 1. i OPTIONAL rye/ signature of Notary Public VP i IONAL Though the information below is not required by law,it may prove valuable to parsons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Offer of Dedication -- Sidewalk Easement Document Date: Number of rages: Signer(s) tither Than Named Above: Capacity(les) Claimed by Signers) Signer's Name: James Kennedy Signer's Name: ❑ individual ❑ Individual 2SXCorporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner--❑ Limited ❑General ❑ Partner--❑ Limited ❑General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ TrusteeRUN ., ❑ Guardian or Conservator 1wWwrin ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb fere Signer Is Representing: Signer is Representing: Contra Costa County_ 019%National Notary Association•8236 Remmet Ave.,P.C.Box 7184•Canoga Park,CA 91389.7164 Prod.No,5967 Reorder:Calf Toll-Free 1-808.876.6827 EXHIBIT"A" LEGAL DESCRIPTION SIDEWALK EASEMENT Real property in unincorporated Contra Costa County, California, being portion of Lots 8 through 17,Block 71, as shown on the Map of North Richmond Land and Ferry Company Tract No. 2, filed September 19, 1911, in Book 5 of Maps at Page 124, Contra Costa County Records, described as follows: Commencing at the northeast corner of said Block 71;thence along the east line of said Block 71, South 0° 01' 00" East, 13.10 feet to the point of beginning of the parcel to be described; Thence from said point of beginning, continuing along said east line of Block 71, South 0° 01`00" East, 310.90 feet;thence South 89° 5940" West, 3.00 feet to a line parallel with and distant westerly 3.00 feet,measured at right angles, from said east line of Block 71;thence along said parallel line,North 0* 01'0" West, 186.00 feet;thence North 89* 59'00" East, 1.50 feet to a line parallel with and distant westerly 1.50 feet, measured at right angles, from said east line of Block 71;thence along said parallel line,North 0° 01'00" West, 126.40 feet;thence,South 45° 01`00" East,2.12 feet to the point of beginning. Prepared by: NO. 13810 Michael P. Rei ,Ev. V31MI R.C.E. 13810, expires 3/31/01 C 17243.1g1 swt 2. l E1\ HiBIT f� J Q I, OVF AVENUE 0 ( SZORMERLY PARK. AVE" UF.) 0 0 C w g w UJ y j uj �L tri tY 10 ►3 LO G K 7 1 ! _ , tilip h•- NORTH RICMMOND 1 .>, LA ME> 4 FERRY w TRACT N2. 2 B w } o © OC a 1 00 0 , COURSE TA B L E O ac d 0 its), F3EARINCn DirpTANCE 1 Z ' � ` ' y� 5 eq'o 5q'4.c+��w 1 r' � � A�5°Or"00��.. 2.12.• wr I O' t PLAT TO ACCOMPANY LEGIA,L E)F-5CRIPT'It7W SIDEWALK F—ASF-M;: NT` P.>I.00K 71t NORTH RICHMOND LAND 4 FERRY TRACT NQ, 2 CONTRA COSTA COUNTY, CALIFORNIA C.ZL Retorded at the request 4r: CONTRA COSTA Co Recorder's Office Contra Costa County STEPHEN L. WEIR, County Recorder Public Works Department Return to: Public Works Department WC - 98-027a030-00 Engineering Services Friday, NOV 06, 1998 . FRE tt 0,00, 1 Ttl Pd $0,00 Nbr-0000327255 Ire /R9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on November 3, 1998, by the following vote: APES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: Norte ABSTAIN: None RESOLUTION NO,: 98{577 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INS TRUM-ENT REFERENCE GRANTOR AREA Offer of Dedication DP 973010 Contra Costa County North Road Purposes Redevelopment Richmond Agency RL:LW:mw \\P W S I\SHARDATA\GrpData\EngSvc\BO\BO 11-3-98.doc Originator: Public Works(ES) Contact: Rich Lietly(313-2348) 1 hereby certify that this is a true and correct cc: Recorder(via Clerk)then PW Records copy of an action taken and entered on the Current Planing,Community Development minutes of the Board of Supervisors on the date shown. ATTESTED: PHIL BATCHELOR, Clerk of the Beard of Supervisors and County Administrator By .: .sr ' ., Deputy e Recorded at the request ot. Contra Costa County Engineering Services Division Return to: Contra Costa County Public'Works Department Records Section Area urm e iCli ro&11A Co. Road No. C565�V Development DP 3010--97 Assessor's No.40-t17 ) W G1�F —nib M040 r OFFER OF DEDICATION - ROAD PURPOSES Contra Costa County Redevelopment Agency , the undersigned, being the present title owner of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to CONTRA COSTA COUNTY, a political subdivision of the State of California, and its successors or assigns, for street, highway landscaping and other related purposes including maintenance thereof, the real property situated in the County of Contra Costa, State of California, described in Exhibit "A" (written description) and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that CONTRA COSTA COUNTY and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the Board of Supervisors, or of the local governing bodies of its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. IN W11jMS WHEREOF, these presents have executed this instrument this day of �tt . JA N��S Nei (see attached notary) SACUYrvetwormor.6 (8/10194) CALIFORNIA' ' ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa Can 3/2/98 before me, **Linda Hogver, Notes** Date Name and Title of Officer(e,g.,"Jane Doe,Notary Public") 3 personally appeared -- __ **James Kennedy*'* , Name(s)of Signer(s) 95cpersonaily known to me ❑proved to me on the basis of satisfactory evidence to be the person4s4-whose name(&)islawsubscribed to the _ within instrument and acknowledged to me that he/abeAb ay. uNDA mp©,&i, executed the same in his/he44eifr authorized capaclty4i"), commission:* 11$4215 and that by his/berl`thefrsignature(s)-on the instrument toe 14010ty Noiic-cNitamia person( ;or the entity upon behalf of which the person(s)– ' Co ntta cosm Coun1Y acted, executed the instrument. my Comm.Exp�les 2(A)01 WITNESS my a and official seal. Mature of Notary Public OPTIONAL Though the information below is not required by taw,it may prove valuable to persons reiying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: JA=s Kenney Signer's Name: ❑ Individual ❑ Individual RX Corporate Officer ❑ Corporate Officer Title(s): DWU Dj=Ct==aMjMeJW=t Title(s): ❑ Partner—❑ Limited ❑General ❑ Partner---❑ Limited ❑General ❑ Attorney-in-Fact ❑ Attorney-in-Fact Trustee ❑ Trustee - Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: Cha Costa County 01996 National Notary Association-8238 Rammat Ave.,P.O.Box 7184•Canoga Park,CA 91309-7194 Prod.No.5907 Aeorcfer:Call Toll-Free 1-800-876.6$27 9-- EXHIBIT"A" LEGAL DESCRIPTION FOR ROAD DEDICATION PARCELS J RCEL c_sNE Real property in unincorporated Contra Costa County,California.., being a portion of Lot 8,Block 71, as shown on the Map of North Richmond Land and Ferry Company Tract No. 2,filed September 19, 1911, in Book 5 of Maps at Page 124, Contra Costa County Records,described as follows: Beginning at the northeast corner of said Lot 8;thence along the east Eine of said Lot 8, South 0 01'00" East, 13.10 feet;thence North 45° 0100" gest, 18.53 feet to a point on the north line of said Lot 8;thence along said north line,North 89° 59'00"East, 13.10 feet to the point of beginning. Containing an area of 85.8 square feet,more or less. PARCEL TW Real property in unincorporated Contra Costa County,California, being a portion of Lot 1, Block 71, as shown on the Map of North Richmond Land and Ferry Company Tract l No. 2, filed September 19, 1911, in Book 5 of Maps at Page 124, Contra Costa County Records,described as follows: Beginning at the northwest corner of said Lot 1;thence along the north line of said Lot 1,North 89* 59'00" East, 6.10 feet;thence South 44* 59'00" West, 8.63 feet to a point on the west line of said Lot 1;thence along said west line,North 0" 01'00" West, 6.10 feet to the point of beginning. Containing an area of 18.6 square feet,more or less. EARUL DIME Real property in unincorporated Contra Costa County, California, being a portion of Lot 25, Bloch 71, as shown on the Map of North Richmond Land and Ferry Company Tract No. 2, filed September 19, 1911, in Book 5 of Maps at Page 124, Contra Costa County Records, described as follows. Beginning at the southwest corner of said Lot 25;thence along the south line of said Lot 25, North 89° 59'40"East,9.10 feet;thence North 45° 00'40" West, 12.87 feet to a point on the west fine of said Lot 25;thence along said west line, south 0° 01'00"East, 9.10 feet to the point of beginning. Containing an area of 41.4 square feet, more or less. Prepared by: � No. 13810 Michael P. Rei Exp.3l3tlot R.C.E. 13810,expires 3/31/01 ,, . eoF ;A x Wed EXHIBIT " 4ROVE. AVENUE /0, CFDRMEPWY PARK &.VF-WUE) O ti N 890 59'00"E !! PARCEL PARCEL TW© ONE. qN cp Cd O Ir it 0 tr W i0 Ott v Jmv CD Z 1~ �-- w UJ w x5' U) u 3 sr1- CC - w , �. 1. W 0 1p O BLOCK Z t p !t1 1- �- o 0 > s © 0 (ptu . w } N w ul 1 U LL ui 0 O tN Z PARCEL THREE *9 NS9.59'4O"E C H 'E 5 L E- Y AV E #tet U EZr,,) ' PLAT TO ACCOMPANY LECaAL DESGRIPTIoW ROAM DEDI C,QTiON P,b.PCEL5 - BLOCK 71 "tAAP OF KORTH RICHMOND LAND FERRY COMPANY TRACT At2 ( 5 M 124) • 9 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD,PUBLIC WORKS DIRECTOR DATE: NOVEMBER 3, 1998 SUBJECT: APPROVE CONTRACT WITH GEOLEX, INC.FOR ONGOING MAINTENANCE OF THE HILLCREST HEIGHTS GEOLOGIC HAZARD ABATEMENT DISTRICT,EL SOBRANTE AREA(PROJECT NO.: 4505 6X5086) SPECIFIC REQUESTS)OR RECOMMENDA'I`10N(S)&BACKGROUND AND II}STIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Public Works Director to execute a contract with Geolex,Inc. for the ongoing repair and maintenance of the Hillcrest Heights Geologic Hazard Abatement District(CHAD)in the El Sobrante area. II. Financiallmnaet: There will not be any impact on the County General Fund. The Hillcrest Heights GHAD pays 100%of the costs associated with the ongoing repairs and:maintenance of the CHAD. III. Reasons for Recommendations and Background: The Hillcrest Heights CHAD was formed on July 23, 1997 as a mitigation for a preexisting,geologic condition for subdivision 7582. On April 1, 1997,the Board of Supervisors ordered the first annual assessment to be levied on the affected property. Geolex,Inc. was retained as the manager of the Hillcrest Heights GHAD because of their involvement with the project and development of the plan of control monitoring and maintenance manual for this CHAD. Continued on Attachment:X SIGNATURE: tk RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON NovemTer 3, PROVED AS REM MENDED X—SM VOTE OF SUPERVISORS X UNANIMOUS(ABSENT 1 AYES: NOES: i hereby certify that this is a true and correct ABSENT: ABSTAIN copy of an action taken and entered on the SE:Mca minutes of the Board of Supervisors on the G:1GrpDatalSpD!sA8 \Hi{fc=tHeightelApproveContracm,doc date shown. Ncnzd)er 3, 1998 Contact- SkipPublSc Works4perly(Special Districts) ATTESTED: Clerk of the Board Contact- skiptor-Coy roller 253) PHIL B TCHELOR, ac: Auditor-Controller P.W.Acoouttting of Supervisors and County Administrator 8311 W3gg4eton Gaakex By Deputy O SUBJECT: APPROVE CONTRACT WITH GEOLEX, INC. FOR ONGOING MAINTENANCE OF THE HILLCREST HEIGHTS GEOLOGIC HAZARD ABATEMENT DISTRICT, EL SOBRANTE AREA DATE: NOVEMBER 3, 1998 PAGE -2- IV. ConseaRenees of Negative Action• Without Board approval the contract for the ongoing maintenance and repair of this'GHAD will not occur which could jeopardize the safety and welfare of those in the path of the CHAD should it fail. C.7,4 TQ: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, CANYON LAKES GHAD FROM: J. MICHAEL 'WALFORD, PUBLIC WORKS DIRECTOR DATE: NOVEMBER 3, 1998 SUBJECT: APPROVE AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE CANYON LAKES GHAD AND WILLIAM R. GRAY AND COMPANY, INC., SAN RAMON AREA. (WO#5374) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Public Works Director to execute an amendment to the Consulting Services Agreement between the Canyon Lakes CHAD and William R.Gray and Company,Inc.for management and maintenance of the Canyon Lakes GRAD. II Financial lmpact: There will not be any impact on the County General Fund. The Canyon Lakes GHAD pays 100%of the costs associated with the ongoing repairs and maintenance of the GRAD. III. Reasons for Recommendation and Background: The Canyon Lakes GRAD, located in the San Ramon area, was formed in 1985. This contract amendment will increase the payment limit for this contract from$40,000 to a new payment limit of$75,000. This action is necessary to administer the repair of the Watson Canyon slide,coordinating the repair of several pumps around the lakes at Canyon Lakes and negotiating with the Brisa Del Mar Homeowners Association relative to the failure of<,their landscape irrigation system. IV. Consequences of ftative Action: Without Board approval,repair of the landslides will not occur. A negative action will jeopardize the safety',of those citizens whose residences are m the ath of these landslides. {Continued on Attachment:X SIGNATU . A RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDER 7.1i1RR VOTE OF SUPERVISORS 1 hereby certify that this is a true and correct UNANIMOUS(ABSENT ) copy of an action taken and enterers on the AWES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date Shown. ATTESTE=D: November 3, 1998 BErpdat&\Spdisc%�dordm\C*nyonLakeocHAD\Gmy.d� PHIL BATCHELOR, Clerk of the Board orig.Div: Public Works(Special Districts) of Supervisors and County Administrator Contact: Skip Epperiy(313-2253) cc: County Administrator -Deputy County Counsel y Wm.IL Gray Co.Inz AMENDMENT TO CONTRACT CONSULTING SERVICES AGREEMENT Effective October 1, 1998, sub-section (e) Payment Limit(s), Paragraph 1, Special Conditions, in the Consulting Services Agreement between the Canyon :Lakes Geologic Hazard Abatement District (CHAD), and William R. Gray and Company, Inc., a California Corporation is hereby amended to increase the contract payment limit from $40,000 to $75,000.00. All other terms and terms and conditions in the original contract remain in full force and effect. Signatures. These signatures attest the parties`agreement hereto: PUBLIC AGENCY CONSULTANT Canyon Lakes CHAD B Vice-President,William R.Cray and Company, a California Corporation By: By: Assistant S William R.Gray` C pang, a Cal mia orporation Note to Consultarft: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board,president or vice-presufent;tt:ue second signature must be that of the secretary,assistant secretary,chief financial officer or assistant treasurer.(Civ.cele,Sec.1190 and Corps.Code.Sec.313.) The acknowledgment below must be signed by a rotary Public. CERTIFICATE OF ACKNOWLEDGMENT State of California ) County of jn±r—& o +e- ) On the date written below,before me, h -4_r Q o h ki 4 o ri personally appeared £ ert name and title of the offi r e a. w V, ee 4 n_ Ii S54 e c.=f personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)If4are subscribed to the within instrument and acknowledged to me that hshAaftey executed the same in ta>Wkw/their authorized capacity{es),and that by hii6witheir 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 and official seal. Dated: _ c `7 1 a ,JENNIFER JOHNSON Commission#1175262 . Noioy Public-C allfornio comm Costa ccr'm.iy My Comm: �s lv>�s w,a84z FADATAMilliam R.Cagy&Company Ftles�AVeemems\WRCr&CO-amend CL contraa.doc ro TO BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, BLACKHAWK GRAD FROM: J. MICHAEL WALFORD,PUBLIC'WORKS DIRECTOR DATE: NOVEMBER 3, 1998 SUBJECT: APPROVE AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE BLACK.HAWK GRAD AND WILLIAM R. GRAY AND COMPANY,INC., DANVILLE AREA (WO#5147) 014111000 SPECIFIC REQUESTS)OR REC MMENDA'I ON(S)&BACKGROUND AICA JUSTIFICATION i» Recommended Action: APPROVE and AUTHORIZE the Public Works Director to execute an amendment to the Consulting Services Agreement between the Blackhawk GHAD and William R.Gray and Company,Inc. for management and maintenance of the Blackhawk GRAD. H Financial Impact: There will not be any impact on the County General Fund. The Blackhawk GHAD pays 100%of the costs associated with the ongoing repairs and maintenance of the GHAD. Iii, Reasons for Recommendation}and Background: The Blackhawk GHAD,located in the Danville area,was formed in 1986. This contract amendment will increase the payment limit for this contract from$100,000 to a new payment limit of$120,000. This action is necessary to repair the approximately fifty(50)landslides which occurred in this CHAD as a result of the unseasonably wet winter last year. IV. Consequences of Negative Action: Without Board approval, repair of the landslides will not occur. A negative action will jeopardize the safety of those citizens whose residences are in the path of these landslides. Continued on Attachment:X SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER 1000110 ACTION OF BOARD ON November 3, 1998 PPROVED AS RECOMMENDED X 0900_ VOTE OF SUPERVISORS UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: 1 hereby,cerf fy that this is a true and correct copy of an. action taken and entered on the minutes of the Board of Supervisors on the SE"ca date shown. g.lOrplatalSpdietlBoardOrdersaackhawkGHAD\Gmy.doe ATTESTED. ovr�er 3, 1998 CContact.g. Public 4p{3132253 Districts) PHIL BATCHELOR, Clerk of the Board ": tyAdministrator countof Supervisors and County Administrator Blackhawk GRAD do William K Gray and Co. BY & ., l d�' Deputy rL Sr rw:L i�:'3.- �of'r�.° l�$ 11t AMENDMENT TO CONTRACT CONSULTING SERVICES AGREEMENT Effective October 1, 1998, sub-section (e) Payment Limit(s), Paragraph 1, Special Conditions, in the Consulting Services Agreement between the Slackhawk Geologic HazardAbatement District (CHAD), and William R. Gray and Company, Inc., a California Corporation is hereby amended to increase the contract payment limit from $100,000,00 to $120,000.00. All other terms and terms and conditions in the original contract remain in full force and effect. Signatures. These signatures attest the parties'agreement hereto: PUBLIC AGENCY QONSULIaNT Blackhawk CHAD �Z Vice-President,William R.Gray and Company, a California Corporation ti By: By: Assistant y,Witham R.Gray and mpany, a C ifomia orporation Note to Consultant;For corporations,the contract must be signed by two officers. The first signature rr hat of the chairman of the board,president or vice-president the second signature must be that of the secretary,assistant secretary,chief financial officer or assistant treasurer.(Civ.Code,Sec.1190 and Corps.Code. Sec.313,) The acknowledgment below must be signed by a Notary Public, CERTIFICATE OF ACKNOWLEDGMENT State of California ) ss. County of Cb l74yQ : . ) On the date written below,before me, J to n n+`1 r 06 A r'1 so ki personally ap red insert n a d title of the icer r a t +�- r�,' 5.5 +- , personally known to me (or proved to me on the basis of sa#1 factory evidence be the person(s)whose name(s)Warb subscribed to the within instrument and acknowledged to me that#raisi they executed the same in hirllw/their authorized capaclty(es),and that by hto wr/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 and official seal. Dated:- /Ak7Zf (Notary's Seal) ,,, ., ,ir. r�..�r. ..r*.. ►. JENNtfER JOHNSON Commisslon* 117623:1 it&ay i lio,C&torrilg CcKitra Costa County My Comm,5pirm,Har 3,2002 FADATAMilliam R.Gray&Company FileslAgreements\WRG&CO-amend BH contract.doc THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 3, 1998, by the following vote:' AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None RESOLUTION NO. 981563 (Gov. Code § 25526.6) SUBJECT: Conveyance of Easement to Contra'Costa Water District Work Order No. 5354 Concord Area The Board of Supervisors',of Contra Costa County RESOLVES THAT: Contra Costa County has acquired certain real property for the Buchanan Field Airport. The Contra Costa Water District has requested an easement over portions of said property, described in Exhibit"A attached hereto, for a waterline easement. This Board FINDS that the conveyance of such easement is in the public interest and will not substantially conflict or interfere with the County's use of the property.' The easement is required in conjunction with the Airport Center development. This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to Contra Costa Water District over the properties described in Exhibit"A"attached hereto, pursuant to Government Code Section 25526.6 and the Board ' Chair is hereby AUTHORIZED to execute a Grant of Easement on behalf of the County. The Real Property Division is DIRECTED to cause said Grant of Easement to be delivered to the grantee. LO:gpp G:1GrpDatMReaiProp198-11tBR27ccwd.doc I hereby certify that this is a true and correct Orig.Dept.: Public Works(R/P) copy of an action taken and entered on the Contact: L. Lucy Owens(313«2229) minutes of the Board of Supervisors on the cc: Public Works Records date shown. Grantee(via R/P) ATTESTED: N2V—e bP.,r., 3. 1998 Recorder(via R/P) PHIL BATCHELOR, Clerk of the Board' of Supervisors and County Administrator (Form updated 8/98) By ±k& �4 - Deputy RESOLUTION NO, 98/ 563 Recorded at the request of: Contra Costa Water District Return to: Contra Costa Water District P.C. Box H2O Concord, CA 94524 Attn: Bruce Sage EASEMENT AGREEMENT THIS AGREEMENT AND GRANT OF EASMEMENT IS made by and between CONTRA COSTA COUNTY, a political subdivision of the State of California, hereinafter called "the GRANTOR" and CONTRA COSTA WATER DISTRICT, a local governmental agency of the State of California, hereinafter called "the District." 1. For valuable consideration, the Grantor hereby grants to the DISTRICT and the DISTRICT hereby accepts from the Grantor, a perpetual easement in the real property in the County of Contra Costa, State of California, described on Exhibit"A" attached. 2. The purpose of this easement is to Install, operate, maintain, repair, and replace water utility materials and equipment, including, without limitation; pipes, valves, meters, meter boxes, fire hydrants, protecting pasts, rectifiers, backflow prevention devices and appurtenances. 3. All pipes except risers to meters, fire hydrants or appurtenances shall be installed at least 18 inches below the surface of the ground. 4. The District will backfill all excavations and restore the ground to a condition equal to the condition existing prior to the excavation. 5. The Grantor will not permit any structure to be placed on the easement or the access thereto which will prevent vehicles and equipment from operating anywhere within the easement. IN WITNESS WHEREOF, the GRANTOR and the District executed his agreement and grant of easement on day of CONTRA COSTA COUNTY CONTRA COSTA WATER DISTRICT Chair, Board of Supervisors By: res ' By: Dated By: STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA } On Raver. -30 1228 before me,Phil Batchelor, Clerk of the Beard of Supervisors and County Administrator, Contra Costa County, personally appeared. Jim Rogers who is 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 helshelthey executed the same in his/her/their 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,execu#ed a Instrument. By: Deputy Clerk Approved as to Form Victor J.Westmen,County Counsel FutY CERTI'FI'CATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the foregoing instrument to Contra Costa Water District, a local governmental agency, is hereby accepted by the undersigned officer on behalf of the Board of Directors of the District pursuant to authority conferred by the Board's Resolution No. 98-19 and the Grantee consents to recordation thereof by its duly authorized officer. Dated; By G:\GrpData\RealProp\98-10\WaterDist.doc \WaterDist.doc October 26, 1998 E)aiIBTT'A ALL THAT REAL PROPERTY IN AN UNINCORPORATED AREA.,COUNTY OF CONTRA COSTA, STATE:OF CALIFORNIA,DESCRIBED AS FOLLOWS: A PORTION OF THE RANCHO MONTE DEL DIABLO LYING WITHIN CONTRA COSTA COUNTY,CALIFORNIA,DESCRIBED AS FOLLOWS: PARCEL ONE COMMENCING ON THE WESTERLY RIGHT OF"WAY LINE OF WALNUT CREEK CHANNEL DESCRIBED AS PARCEL ONE(F.C.PARCEL#391)IN DEED TO CONTRA COSTA COU'NT'Y FLOOD CONTROL AND WATER CONSERVATION DISTRICT RECORDED AUGUST 6, 1968,IN BOOK 5652 AT PACE 3S6 OF OFFICIAL RECORDS OF SAID COUNTY,AT TIM NORTHERLY RIGHT OF WAY LINE OF CONCORD AVENUE DESCRIBED AS PARCEL I -SECOND IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY RESOLUITION NO.67/206 RECORDED MARCH 27, 1967,IN BOOK 5333,AT PAGE SS3 OF OFFICIAL RECORDS OF SAM COUNTY; THENCE FROM SAID POINT OF COMMENCEMENT ALONG SAID WESTERLY RIGHT OF WAY LINE(5682 O.R. 356)NORTH 12.10'49"EAST, 18.95 FEET TO A POINTON A LINE WHICH IS PARALLEL WITH AND 18.95 FEE!I NORTI ERLY OF SAID NORTHERLY RICH'OF WAY LINE OF CONCORD AVENUE(5333 O.R. 553),ALONG SAID PARALLEL LINE,NORTH 75°55'11" WEST, 148.68 FEET;THENCE WESTERLY ALONG THE ARC OF A TANGENT CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS OF 1068.95 DEET THROUGH A CENTRAL ANGLE OF 16°02'03",A DISTANCE OF 299.14 FEET,THE LONG CHORD OF SAID ARC BEARS NORTH 83°56'12"WEST,298.17 FEET;THENCE WESTERLY ALONG THE ARCM OF A'NON- T.ANGENT CARVE CONCAVE TO THE"SOUTH HAVING A RADIUS OF 890.02 FEET THROUGH A CENTRAL ANGLE OF 16°18'00",A DISTANCE OF 253.20 FEET,THE LONG CHORD OF SAID ARC:BEARS SOUTH 8238'29"WEST,252.35 FEET,THENCE WESTERLY ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 1074.95 FEET THROUGH A CENTRAL ANGiLE OF 06°39'29",A DISTANCE Of 148.54 FEET,THE LONG CHORD OF SAID ARC BEARS SOUTH 71°12'06"NEST, 148.47 FEET;THENCE SOUTH 66°3+648" WEST, 135.99 FEET;THENCE WESTERLY AND NORTHERLY ALONG THE ARC OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 58'.00 FEE:"I` THROUGH A CENTRAL ANGLE OF SSa46'1Z"A DISTANCE OF 86.82 FEET,THE LONG CHORD OF SAID ARC HEARS NORTH 70°30'06"WEST,78.94 FEET; THENCE NORTH 27°'37'1)0"WEST, 148.12 FEET;THENCE NORTH 07024"07"WEST,40.43 FWI TO THE POINT OF BEGINNING;, THENCE FROM SAID POINT,NORTH 66°36'48"EAST, 147.6$FEET,THENCE SOUTH 65°31'18" EAST,212.78 FEET,THENCE NORTH 24'28'42"EAST, 146.92 FEET,THENCE NORTH 69028'42" EAST, 15.67 FEET;THENC~E NORTH 24"284r EAST, 129.00 PST,THENCE NORTH 20°31 118" WEST,24.04 FEET;THENCE NORTH 2402$'42"EAST, 186.00 FEET;THENCE SOUTH 65'31'18" EAST,82.50 FEET,THENCE NORTH 24 28'42"FAST,91.00 FEET,THENCE SOUTH 6S°31'18" EAST, 30.00 FEET;THENCE SOUTH 2#°28'42"WEST,91.39 FEET;THENCE 5UI3TH 65031'IS" EAST, 10.00 FEET;THENCE SOUTH 24°28'42"WEST, 10.OU FEET;TBENCE NCIRTH 65"31'18" NEST, 10.00 FEET;THENCE SOUTH 24°28'42"WEST,28,42 FELT;THENCE NORTH 65°31'18"' NEST,77.50 FEET;THENCE SOUTH 24028'42"WEST, 104.00 FEET;THENCE SOUTH 06005'44" WEST,25.29 FM;THENCE SOUTH 24"2842"'WEST,20.00 FEET;THENCE SOUTH 07057'46" EST,23.70 "T;THENCE SOUTH 65031'18"EAST,435.99 FEET;THENCE NORTH 2+1°28'42" EAST, 157.76 FEET;TRICE 14ORTH 65°31'18"WEST, 11.00 FEET;THENCE NORTH 24"28'42" EAST, 10.00 FEET;THENCE SOUTH 6503 1'18"EAST,10.00 FEET;THENCE NORTH 241028'42" EAST,51.24 FEFI;THENCE SOUTH 65031'18"EAST,38.33 Fes',THENCE SOUTH 24028142" WEST,21.00 FEET;THENCE SOUTH 63°31'18"EAST, 11.67 FET THENCE SOUTH 24028142" WEST,30.24FE FES"r,THENCE NORTH 65°31'28"WEST,21.00 FEEI;THENCE SOU'T'H 24028'42" WEST, 191.76 FEET,THWC.E,NORTH 65'3118"WEST, 113.36 FEET,THENCE SOUTH 24928'42" WEST, 11.00 FWr,THENCE NORTH 65"31'18"WEST, 10.00 FEETy THENCE NORTH 24°28'42" EAST' Ir�3.t� FEET;�'C E I3MMT.THENCE��i11ORTH 6503 T1'1t8"W♦�+ST,*34f4.32 FEET;T SOUTH 24-U-42" V�ST1 10,00 FELST T;T .NCE RTE'63°31'18"WAST; 10.00 FEET;CTtE�SSU T 24°28'42" WET,36.41 FEET;THM4M SOUTH 56°33'18"'WEST.31.69 FEET' THENCE St)L�?:4°3�42n WEST, 140.19 FEET;THENCE NORTH 63°31'18"War, FELT SOUTH 2404'42" WEST,60'00 FEET,TRICE NORT1i 65°31'l8"V ST 10,00 FEET` EAST",60.00 , ;'INCE NURTH 63°31'18"WW T X48.33 '`•TACE�'T1 24"28'42" WEST, 113:00�►T�NCEN SOUTH 23°27"39"EAST 23.00�C"�''�L�b6°34 43" CE SOUTH 66*32-01- W�iST,29,34 FfEr.TCM NORTH 27°37"00"War, 15M FEET,��C E NORTH 07124-Or WEST,41.16 FEET TO THE ppm OF BEGMN1NCt. CONTA1N1*54.196-,61 SQUARE RMT Olt 1.24 AGES,MM OR LESS". may,' hv� .•'1'� e W PARCEL TWO COMMENCING ON THE WESTERLY RIGHT OF WAY LINE OF WALNUT CREEK CHANNEL DESCRIBED AS PARCEL ONE(F.C.PARCEL.#391)IN DEED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RECORDED ACTfrt=6, 1968,IN BOOK 5682 AT PAGE 356 OF OFFICIAL RECORDS OF SAM COUNTY,AT THE NORTHERLY RIGHT OF WAY LII OF CONCORD AVENUE DESCRaW AS PARCEL. I•SECOND IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY RESOLUTION NO.6'7#206 RECORDED .MARCH 27, 1967,IN BOOK 5333,AT PAGE 533 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE FROM SAID POINT OF COMMENCEMENT ALONG SAID WESTERLY RIM OF WAY LINE(5682 O.R. 356)NORTH 12010'49"EAST, 18.95 FEET TO A POINT`ON A LINE WHICH IS PARALLEL WITH AND 18.95 FEET NORTHERLY OF SAID NORTHERLY RIGHT OF WAY LINE OF CONCORD AVENUE x(5333 O.R.533},ALONG SAID PARALLEL.LINE,NORTH 75055'11- WEST. 5033'11"WEST, 168.68 FEET;THENCE WESTERLY ALONG THE ARC OF A'TANGENT CURVE TO Tin: SOUTH HAVING A RADIUS OF 1068.95 FEET THROUGH A CENTRAL,ANGLE OF 16°02'03',A DISTANCE OF 299.14 FEET,THE LANG CARD OF SAID ARC BEARS NORTH 83056'12"WEST, 298.17 FEET,THENCE WES'TERL'Y ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 894.02 FBE I THROUGH A tT:NTTtAL ANcxL E OF 16018*OV.A DISTANCE OF 253.20 FEET,THE LONG CHORD OF SAM ARC HEARS SOUTH 82038'29"WEST,252.35 FEET;"THENCE WESTERLY ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 1074.95 FEET THROUGH A CENTRAL ANGLE OF 06039'29",A DISTANCE OF 148.54 FEET,THE LONG CHORD OF SAID ARC BELS SOUTH 71'12'06"WEST, 148.47 FEET;THENCE SOUTH 6+6036'48"WEST,.135.99 FEET;THENCE WESTERLY AND NORTHERLY ALONG THE ARC OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 58.00 FST THROUGH A CENTRAL ANGLE OF 85046'12"A DISTANCE OF 816.82 FEET,THE TANG CHORD OF SAID ARC BEAR NORTH 70*30'06"WEST,78.94 FEET;THENCE NORTH 27637'00"WEST, 148.12:r=L THENCE NORTH 07024'0?'WEST,84.56 FEET,THENCE NORTH ALONG THE ARC OF A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 180.00 FEET THROUGH A CENTRAL ANGLE OF 31052'49"A DISTANCE OF 100.15 FELT,THE LONG MORD OF SAID ARC BEARS NORT1409032"18"LAST,98.87 FEET;THENCE NORTH 24028'42"FAST, 339.57 FEET.'TO THE POINT OF BEGINNING;THENCE FROM SAID POINT,SOUTH 65631'18"EAST, 10.00 FEET, THENCE SOUTH 24628'42"WEST,30.00 FEET;THENCE NORTH 65031'18"WEST, 10.00 FEET, THENCE NORTH 24028'42"EAST,30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 300 SQUARE FEET OR 0.007 ACRES,MORE OR LESS. t Or lei ' l PARCEL TT URE CONOVIE 3CING ON THE WESTERLY RIGHT OF WAY LINE OF WALNUT CRE.CHANNEL DESCRIBED AS PARCEL ONE(FC.PARCEL#391)IN DEED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RECORDER AUGUST 6, 1968,IN BOOK 5682 AT PAGE 356 OF OFFICIAL RECORDS OF SAID COUNTY,ATTHE NORTHERLY RICHT OF WAY LINE OF CONCORD AVENUE DESCRIBED AS PARCEL 1 •SECOND IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY RESOLUTION NO.67I2O6 RECORDED MARCH 27, 1967,IN BOOK 5333,AT PAGE 553 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE FROM SAID PC?LNT OF COMMENCEMENT ALONG SAID WESTERLY RIGHT OF WAY LINE(5692 OR 356)NORTH 12°10'49"EAST, 18.95 FEET TO A POINT ON A LINE WHICH IS PARS WITH AND 18.95 FEET NORT19MY OF SAID NORTHERLY RICHT OF WAY LINE OF CONCORD AVENUE(5333 O.R. 553),ALONG SAID PARALLEL.talE,NORTH 75*55"11" WEST, 168.68 FEET,THENCE WESTERLY ALONG TIM ARC OF A TANGENT CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS OF 106&95 FEEITHROUGH A'CENTRAL ANGLE OF 16°02'03",A DISTANCE OF 299.14 FEET,THE LONG CHORD OF SAID ARC BEARS NORTH 83°56'12"WEST,298.17 FEET;THENCE WESTERLY ALONG THE ARC OF A NON- TANGENT ON-TANG N'T CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 890.02 FEET THROUGH A CENTRAL ANGLX OF 16*18'00",A DISTANCE OF 253,20 FST,TIM LONG CHORD OF SARI? ARC BEARS SOUTH 82°38'29"WEST,252.35 FIT;THENCE WESTERLY ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 1074.93 FEE THROUGH A CE'NT'RAL ANGLE OF 06039251",A DISTANCE OF 148.54 FEET,THE LONG CHORD OF SAM ARC BEARS SOUTH 71°12'06"WEST, 148.47 FEET;THENCE SOS 666°3648" WEST, 135.99 FEET,THENCE WESTERLY AND NORTHERLY ALONG THE ARC OF A TANW4 T CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 58.00 FEET TOUGH A CENTRAL ANGLE OF$S°46'12"A DISTANCE OF 86.82 FEET,THE LONG CHORD OF SAID ARC BEARS NORTH 70°30'06"WEST,78.94 FEET,THENCE NORTH 27°37'0(r WEST", 148.12 FEET;THENCE NORTH 07°24'07"WEST,84.56 FEET;17E NCE NORTH ALONG THE ARC OF A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 180.00 FEET THROUGH A CENTRAL ANGLE OF 31"52'49"A DISTANCE OF 100.15 FEET,THE LONG CHORD OF SAID ARC BEARS NORTH 08°32'18"EAST,98.87 FEET,THENCE NORTH 24028'42"EAST, 511.38 FEET TO THE POINT OF BEGII NNING,THENCE FROM SAID POINT,SOUTH 65°30'02" EAST, 10.00 FEET,THENCE SOUTH 24028'42"WEST, 13.00 FEET,TIIENCE NORTH 65°30'02" WEST, 10.00 FEET THENCE NORTH 24"28'42"EAST, 13.00 FEET TO THE POINT OF BEGINNING. CONTAINING 130 SQUARE FEET OR 0.003 ACRES,MORE OR LESS. * S 3 i-�, + w aye,..r:��,• .27 TO. BOARD OF SUPERVISORS FROM: J.MICHAEL WALFORD,PUBLIC WORKS DIRECTOR DATE: NOVEMBER 3, 1998 SUBJECT: BUCHANAN FIELD AIRPORT — TFG #201, L.P. (REYNOLDS & BROWN, INC.) - ACKNOWLEDGEMENT OF LEASEHOLD ENCUMBRANCE AGREEMENT SPECIFIC REQUEST(S)Olt RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION i. Recommended Action: APPROVE and AUTHORIZE the Public Works Director, or his designee, to EXECUTE, on behalf of the County,an Acknowledgement of Leasehold Encumbrance Agreement acknowledging that the County's tenant, TFG#201, L.P., is encumbering its leasehold interest with.County by executing a loan agreement with a third party lender, if. Financiallmpact: The County's lease with the tenant provides that a portion of the ground rent and percentage rent to be paid to County by the tenant is subordinate to any outstanding mortgage that the tenant may have on the leased premises. Specifically, if the tenant does not have sufficient funds available to make the payments of its outstanding lean,the tenant may elect not to pay a limited portion of its base and participation rent to the County. Continued on Attachment: x SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 1= 3, 1'4 APPROVED As RECOMMENDED VOTE OF SUPERVISORS UNANIMOUS(ABSENT NMQ ) AYES: NOES: ABSENT: ABSTAIN: DLM:DRA CtFO18OJ.KS Ldoc Orig,Div: Public Works(Airports) Contact. (Dick R.Awmius,646-5722) cc: County Administrator Public Works Director 1 hereby certify that this is a,.ttrue and correct Public Works-Accounting copy-of an action taken and entered on the Auditor"Controller �+ Aviation Advisory Committee(via Airport) minutes of the Board Bard of Supervisors on the Federal Aviation Administration(via Airport) date Si1bWT1. pp y,y Ilia.j Dana Parry,TFG 9201(via Airport) J'i-�y'i,�'B""�.'"r.�+ f_/irf. ATTESTED: PHIL BATCHELOR, Cleric of the Board of Supervisors and County Administrator By s KZi6 Deputy SUBJECT: BUCHANAN FIELD AIRPORT - TFG #201, L.P. (REYNOLDS & BROWN, INC.) — ACKNOWLEDGEMENT OF LEASEHOLD ENCUMBRANCE AGREEMENT DATE. NOVEMBER 3, 1998 PAGE 2 IIi. Reasons for Recommendations and Background. The County owns the approximately 13.2-acre parcel of land at the Buchanan Field Airport now known as Airport Center. County leased the land in 1992 to Reynolds & Brown, Inc. (Reynolds). Reynolds then subleased portions of the site for use as a Sam's Club,a Sportmart,a Taco Bell,,and a Jiffy Lube. Reynolds later assigned the lease to one of its affiliated entities, TFG#201, Limited Partnership. The Lease provides that the tenant can subject the leased premises to any number of mortgages at any one time. 'Tenant now desires to take out a loan on its leasehold interest in the property in the amount of $3,100,000. The tenant has stated that there are no outstanding mortgages affecting tenant's interest in the leasehold prior to the proposed loan. As a condition of the loan, the tenant's lender has requested that the County execute a written document acknowledging the loan. The Lease requires County to execute estoppel certificates and similar documents,reasonably requested by the Lessee or Lessee's mortgagee,to evidence,acknowledge,or perfect mortgagee's rights. On October 6, 1998, the Board authorized the County's Public Works Director to sign the Lessee's Estoppel Certificate, which certificate was signed and delivered to the Lessee. IV. Consequences of Negative Action. The County will not sign the Acknowledgement of Leasehold Encumbrance Agreement, and the tenant may or may not enter the loan agreement with its lender. The County's failure to execute documents required by the Lease could be found to be a violation of the Lease.