Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
MINUTES - 12022003 - C11-C15
�III III III II II II IIII�I I I III IIII IIII I III III II .,�� CONTRA COSTA Co Recorder Office STEPHEN L, WEIR Clerk-Recorder Recorded at the request of- DOC— 2.,� ! r 5s�7$2-,, Contra Costa County Thur:doy,, DEC 04, 2003 08:25:59 Board of Supervisors FRE $0.00 Return to: Tt 1 Pd $0,00 Nbr-00018$6802 Public Works Department Engineering Services Division 1 r c f R9/1 2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,',CALIFORNIA Adopted this Resolution on December 2, 2403,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 703 SUBJECT: Accepting completion of improvements for backwater channels DA 0003 (cross reference SLB 7984), San Ramon(Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements DA 0003 have been completed as provided in the Drainage Improvement Agreement with Shapell Industries of Northern California, heretofore approved by this Board in conjunction with the filing of the Subdivision.Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of December 2,2003 thereby establishing the sic-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF SURETY December 18,2001 National Fire Insurance Company of Hartford TR:sr G:\GrpData\EngSve,BO\2003\I2-02-03\DA 0003 BO-45.doc Originator: Public Works(ES) Teri Rie (313-2363) I hereby certify that this is a true and correct copy Recording to be completed by COB of an action taken and entered on the minutes of cc: Public Works-Tax I.D.95-2578030,Accounting the Board of Supervisors on the date shown. -T.Bell,Construction Div. -J.Florin,M&T Lab -H.Finch,Maintenance Div. DECEMBER 02, 2003 -1.Bergeron,Mapping Div. ATTESTED: -J.Gray,Engineering Services JOHN SWEETEN, Clerk of the Board of -T 10/2/04 Recorder(via Clerk of the Hoard),then PW Engineering Services Supervisors and County Administrator Sheriff-Patrol Div.Commander CHP,c/o Al By ,Deputy CSAA-Cartog\ ZZW City of San Ramon--Attn:Chris Low 2222 Camino Ramon,San Ramon,CA 44583 Shapell Industries of Northern California,Attn:S.Worden&S.Savage PO Box 361169,100 N.Milpitas Blvd.,Milpitas,CA 95035 National Fire Insurance Company of Hartford 5820 Canoga Ave.Suite 200,Woodland Hills,CA 91367 RESOLUTION NO.2003/ 703 SUBJECT: Accepting completion of improvements for backwater channels DA 0003 (cross reference SUB 7984), San Ramon(Dougherty Valley) area. (District III) DATE: December 2, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of December 2, 2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF SURETY December 18, 2001 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials)surety for$167,400,Bond No. 190-724-12 1 issued by the above surety be RETAINED for the six month lien guarantee period until June 2,2004,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED the performance surety, Bond 190724121, issued by the above surety and the drainage improvement agreement for DA 0003 are exonerated. BE IT FURTHER RESOLVED that the improvements are ACCEPTED as COMPLETE. Shapell Industries of Northern California will maintain these improvements for 5 --- 10 years in accordance with the Gale Ranch Mitigation and Monitoring Plan. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the$3,300 cash security for performance(Auditor's Deposit Permit No.376598, dated October 31, 200 1)plus interest in accordance with Government Code Section 53079, if appropriate, to Shapell Industries of Northern California pursuant to the requirements of the Ordinance Code. RESOLUTION NO. 2003/703 -4 A THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,;CALIFORNIA Adopted this Resolution on December 2, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER ANIS DESAULI3IER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NQ. 20031 704 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Windemere Main Branch Alamo Creek DA 0419 (cross-reference Subdivision 8508) being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley)area. (District III} The following document was presented for Board approval this date for Windemere Main Branch Alamo Creek, DA 0019 (cross-reference Subdivision 8508) located in the San Ramon (Dougherty Valley)area. A Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land Company, L.L.C., developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right-of-Way Landscaping) within',one year from the slate of said agreement. Improvements generally consist of creek landscape restoration improvements. LT.mn I hereby certify that this is a true and correct copy of an Originator: arks(ES) action 19 Ba-16.aoc action taken and entered on the minutes of the Board of C►rlglnatar: 1>ublic Works(1vS} Contact. Teri Ric(313-2363) Supervisors on the date shown. cc: Public Works- T.Sell,Construction J.Cray,Engineering Services Current Planning,Community Development AT'T'ESTED: DECEMBER 02, 2003 T-July 23,2004(Pl) Windemere BLC Land Company,L.L.C. JOHN SWEETEN,Clerk of the Board of Supervisors and Brian Olin County Administrator 3130 Crow Canyon Place,#310 San Ramon,CA 94583 Fidelity and Deposit Company of Maryland Leigh McDonough 225 S.Lake Avenue,Ste.700 By ,Deputy Pasadena,CA 91101 1 RESOLUTION NO.2003/ 704 s�- SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Windemere Main Branch Alamo Creek DA 0019 (cross-reference Subdivision 8508) being developed by Windemere BLC Land Co., L.L.C., San Ramon(Dougherty Valley) area. (District IIT) DATE: December 2,2003 PAGE: 2 Said document was accompanied by the fallowing: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: 1. Cash Deposit Deposit Amount: $1,300.00 Deposit made by: Windemere BLC Land Company,L.L.C. Auditor's Deposit Permit No. and Date: 410840 August 26 2003 II. Surety Bond Bernd Company: Fidelity and Deposit Company of Maryland Bond Number and Date:''0871-9207 August 6, 2003 Performance Amount: $129,300.00 Labor&Materials Amount: $65,300.00 Principal: Windemere BLC Land Company, L.L.C. NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of- Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/704 SUBDIVISION AGREEMENT (Flight of Way Landscaping) • kGovernment Cade§66462 and 66463) Subdivision: DA 0418(Cross-Reference SUB 8M)__ Effective tate: Subdivider: Windemere BLC Land Cornpanv. L.L.C. Completion Period: 1 year wINDEMEM BL.0 LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company By:LEN-dBs W ndemere,LLC, CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability company Managing Member Maurice,M. Shiu, Public Works Director BY:Lexnar Homes of California,Inc., managing Member s By: (signature) (print name&Tale) Dolt Larson,Vice President RECOMMENDED FOR APPROVAL: (signatur� f Eng BY- ervices biv' i (print name itle) ynn Jochi ,Asst:Secretary ineering'S FORM APPROVED: Victor J.Westman, County Counsel (NOTE:All signatures to be acknowledged. if Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code§313.) i. PARTIES& DATE. Effective on the above date,the City of County of Contra Costal,California,hereinafter called"Coun ,"and the above-mentioned SuRdivider, mutually promise and agree as follows concerning this subdivision: 1 IMPROVEM NTS. Subdivider agrees to install certain road improvements (both public and private), drainage improvements, signs, street tights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and Improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following), in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Cede and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County rdinance Code,provide as security to the County: A. For Performance and Guarantee: $ 1 300.00 cash,plus additional security, in the amount 12 of_ _$ 9®300.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional � security is presented in the form of: Cash,certified check or cashiers check. X_ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 65.300.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check } Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance+,with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. €`LANT ESTABLISHMENT WORK. - .abdivider agrees to perform establishmentwk or landscaping installed under this " agreesent. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,doing weed, rodent an'd other pest control and other work determined by the Public Warks Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accompplish.the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these, and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Norm„-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or Wilful misconduct of any Indemnity. E. 1, Windemere BLC Land Company LLC("BLC")shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims,costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising out of or alleged to arise out of BLC's activities under Section S(c)of that certain"Supplement to Cooperation Agreement,"dated June,2004, by and between BLC and Shapell Industries,Inc.("Shapell")including,without limitation,any claim, cost,loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement. 2. BLC's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or any other person; provided,however,that BLC shall not be required to indemnify,protect, defend or hold County or District harmless to the extent any claims,losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. 9. COSTS: Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all casts incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees, and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. in consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. kw:lap G:1Grp0ata\EngSvc\Form$\AG WORD AG-30A.doc Rev.May 18,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of i_ i _ 1 1 ' 1 Ct OPTIONAL SECTION County of � 1 C c CAPACITY CLAIMED BY SIGNER On before me, a . '4�t i` �� lvt 1 1: ` Though statute does not require the Notary to rill in A NAW,TITLE O OFFICER E.G.,"JAN DOE,NOTARY PUBLIC- data Below,doing so may prove invaluable to arsons relying on the document. personally appeared i l 4w i)kLC \ �c € ��/`(Mo !, ��t 5��� p y g NANW(s)OF SI Rc�aE Is) ❑ INDIVIDUAL personally known to me-OR-G proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) l be the person(s)whose names)-Ware TITLE(s) subscribed to the within instrument and _��s knowledged to me that hefelts/they executed ❑ PARTNER(S) ❑ LIMITED T.AUSTIN e same in WAtorltheir authorized ❑ GENERAL Commission# 137873+ acity(ies),and that by trisfhsx/their ❑ ATTORNEY-IN-FACT gnature(s)on the instrument the person(s)or ❑ ATTORNEY-IN-FACT E(S) aty' Notary Public - Calitornia e entity upon behalf of which the person(s) p TRUSTEGUARDIE(S) Contra Costa Coun+P.& executed the instrument. My Comm.Expires Q Cl OTHER: MV hand an official seal, SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) i SIGNATURF70F NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOWALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. 1I. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign or and irr t e partnership. IV. SIGNATURES FOR CORPORATIONS Documents s ou d be signed by two officers,one from each of the following two groups: GROUP 1. �a�The Chair of the Board bThe President cAny Vice-President GROUP 2. aThe Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:mw GAGrpData\EngSvc\FormsIWORD FORWALL PURPOSE NOTARY.doc Rev.Auguat I,2001 COUNTY OF CONTRA COSTA DEPOSITPERMIT OFFICE 0I=COUNTYYAUDITOR-CONTROLLER 70 THE TREASURER: MARTINEZ,CALIFORNIA ` RECEIVED FROM ORGANIZATION NUMBER :�q (�rL (For Cosh Collection Procedures see County Administr:7toes Bulletin 105.)" DESCRIPTION FUND/QRG ��T TASK OPTION ACTIVITY AMOUNT S � r � d REA G � !6 C s 1 i rZ11511 `.3 + A 11 ,1111 1 lilt I & 9REV ` a IL O 3' 1 EXPLANATION: TOTAL $ Deposit consists of the following 417,_ 7r C COIN and CURRENCY $ G' �. ICs,A01 ETC. S 5 't,+ "1"1-1r}7 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY PERMIT OP NUMBER DATEsnow ASSIGNED The amount of money described above is for s rece' a amcun is roved Receipt of above amount is hereby deposit into the County Treasury: . acknowledged.;'y - 5;g t� t Date�� _ . j Signed: Signed Titl If r L{(<--A 3�V�L'�; 3-�,���i -^ Deputy County Auditor I3eputy County Treasurer D-34 REV.(7-93) ! C ✓ ` COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM taf ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 1(75.) DESCRIPTION FUNDJORG. SUB' TASK OPTION ACTIVITY AMOUNT ACCT. .................... ..................... 1 1 i a I 1 1 1 1 1 1 1 1 1 1 , 1 I i 1 1 .1 t ' 1 1 `1 1 EXPLANATION: TOTAL $ 1 DEPOSIT s Deposit consists of the following items COIN and CURRENCY $ r CHECKS,M.O..ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT r PERMIT O , / NUMBERDA j ASTSIGNED —The amount of money described above is for Tr er's receipt of o vas amount is approved. Receipt of above amount is hereby eposit into the County Treasury, J Sig ' 1kz" Date itl T " Signed: Signed. c 7�Cl ��Illi f GGeXz - .'ti I'. Deputy County Auditor Deputy County Treasurer D-34 REV.(7-93) 4 819800-0800: G1120615, $500 Flood Control Permit ',623-03, Cash Bond, City of Brentwood, 708 Third St., Brentwood, CA 94513 819800-0800: 61120616, $2,700.00 0G0015, Windemere II Water Quality Pond 6, Cash Performance Bond (civil), Windemere SLC LLC, 3130 Crow Canyon PI #'310, San Ramon,CA94583 819800-0800. G1120618, $6,570.00, DG0025, Windemere II Water Quality Ponds 7&8, Cash Performance Bond (civil), Windemere SLC LLC, 3130 Crow Canyon PI #310, San Ramon,CA94583 eo-.'i - 0649.9665 ! 831000; 61120605 $504.00, R52821, Record of Survey Deposit, job 200244, Clyde Miles Construction, 2201 Harbor ST. #E, Pittsburg, CA 94565 0649-9665 / 831000: 61120606, $500.00, R52820, Record of Survey Deposit, job 03172.03250, DeBolt Civil Engineering, 811 SanRamon Valley Blvd, Danville, CA 94526 0649-9665 / 831000; 61120607, $5,486.00, MS98-1, Impr=ovement Plan Check Deposit, David & Denise Fisher, 4050 Stone Valley Guys Dr., Alamo, CA 94507 0649-9665 / 831000: G1120608, $33.024.00, RA1128, Road Acceptance Inspection Deposit, Hoffman fond Development, Co, 1380 'Galaxy Way, Concord, CA 94520 ` 0649-9665 f 831000; G1120611, $501,000.00, Sub 8638, Inspection Fee Deposit, Shapell Industries of No Cal, 100 N. Milpitas, Blvd,' Milpitas, CA 95035 0649-9665 / 831000. 01120612, $15 000.00,DA0027, Plan Review, Shapell Industries of No Cal, 100 N. Milpitas, Blvd, Milpitas, CA 95035 0649-9665 / 831000: 61120613, $500.00, RA1122 (DSRSD bump), Map Check Shapell Industries of, No Cal, 100 N. Milpitas, Blvd, ',Milpitas, CA 95035 0649-9665 / 831000: 61120614, $1,400.00, Flood Control Permit 623-03, Cash Deposit, City of Brentwood, 708 Third St., Brentwood, CA 94513 0649--9665 / 831000: 61120617, $15,650.00, DG0015, Drainage Improvement Inspection Deposit, Windemere II Water Quality Pond 6, Windemere BLC LLC, 3130 Crow Canyon PI #'310, San Ramon,CA94583 0649-9665 / 831000;; 021 , 3, ?7~t .t7C1, Qt�C}425, Drainage Improvement-1noection Deposit YWindemere II Water Quality Pond 7&8, Windemere RLC LLC, 3130 Crow Canyon PI ##'310, San Ramon,CA94583 0649-9665 1 831000: 61120594, $9,900.00, DG0021, Windemere Phase IV Outfall, Drainage Improvement Plan Reviewbeposit, Windemere BLC LLC, 3130 Crow Canyon P1 #310, Son Ramon,CA94583 0649-9665 / 831000: G1120596, $10,950.00, DG0019, Phase III Main Branch Alamo Creek, Landscape Improvement Inspection, Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon,CA94583 0649-9665 / 831000: 61120597, $8,000.00, DG0019, Phase III Main Branch Alamo Creek, Additional Civil Improvement Plan Review (drainage) Deposit Windemere SLC LLC, 3130 Crow Canyon PI #310, San Ramon,CA94583 0649-9665 / 831000: &1120598,* $14000. LP98-2054, COA Compliance, Check Deposit- No Improvement, Robert D. Herrenhuhl, 816 Port Chicago Hwy, Bay Point, CA 94565 0649-9665 / 831000: G1120600, $96,900.00, Sub 8571, Major Sub Inspection Deposit, Hoffman land Development, Co, 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: 61120601,$146,231 .00, Sub 8572, Major Sub Inspection Deposit, Hoffman land Development, Co, 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: G1120602, $402.23, MS3-00, Construction Inspection Deposit, Gene R. Schmidt, Inc. 940 Relieze Station Lane, Lafayette, CA 94549 0649-9665 / 831000: G1120605, $84.38, RS2657, Additional Rec. of Survey Checking Fee, job 00-213, Bay Area Land Surveying, 1828 Bonita Rd., Son Pablo, CA 94806 0649-9665 831000-1 . G1120604 $50Q:OQ `RS 2 Record of Survey Deposit, job 99-162, Jay L. Harpers, 1539 Fourth St., San Raphael, CA 94901 Executed in Duplicate Sui�ifvislou: 04:901.9 hQLo11-&f SO 9508) Road No.: G871 9207 Premium: $945.90 IMPROVEMENT SECURITY BONO FOR PU1 LIC RtGHT 4F WAY LANDSCAPE AGREEMENT (Performance,Guarantee,and Payment) (California Government Cade Sections 66462 and 66463) Z. W&ITAL 2E€ y` plyjsloN&c"—Fr : The Principal has executed an agreement with the County uo install and pay fortpublic right of way landscaping, and other related improvements in Subdivision DAA C _ f ce as specified in the Subdivision Agreement(Right of Way Landscaping),and to complete said work within the time specified for completion in the Subdivision Agreement(Right of W*y Landscaping),all in accordance with State and local laws and rulings thereu=ler in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. X. OBLIGATION; Winkmm EUG Lad CgmggM.IJ-.C,.. as Prirncipal,and fidelity and Deposit Company of Maryland ,a corporation organized existing under the laws of the State of Maryland and autborixed to transact surety business in California, as Surety, hereby,jointly and severally bund ourselves, our heirs, executors, administrators, successors,and assigns to the County of'Contra Costa,California to pay ir. A. Per formauce and Guarantee: &/IQQ Dollars($ 129.' 00 } for itself or any city assignee under the above County Subdivision Agreement, plus R. Payment: .y 09!I 00 DORM (S to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the Slate of California. 3. CONDI' a: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs,executors,administrators, successors or assigns, shall in all things stand to wW abide by and well and truly keep and perform the covenants,conditions md provisions irn'die said agreement and any alteration thereof made as therein provided,on is or its part,to be kept mW performed at the time and in the matixier therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa(or city assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become null 4nd void;otherwise it shall be and remain in full force and effect. As W of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. 13: The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material then and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in Addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred'by County(or city assigner) in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to thein or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and retrain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without ftuther notice to or consent by Surety,and the Surety hereby waives the provisions of California Civil Cade Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on August 6, 2003 I 1 Windemere BLC Land Company, LLC By: Lennar Homes of California, Inc. , PRINCIPAL: its manager SURETY: Fidelity and Deposit Company of Address: 3130 Crow Canyon P ace, #310 Address.• 225 S. Lake Avenue, ary and Suite 700 City: San Ramon, CA u 94583 City: Pasadena, CA Zip: 91101 s Print Name: Lawrence H. Tho son Print Nam Leigh McDonough Title' Vice President Title: Attorney-in-Fact 111W ksPwgltSHARDATACrpDat&TReSvo%Fwme\$!.woRMON-12A doe Ro, !u{K 17,IM .........................................._......................................................................................................_.. - . ........................................................................................................................................................................................................................................................................................................................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oran-ge Can August 8, 2003 before me, Gordon J. Peterson, personally appeared Lawrence H. Thompson, personally known to me to be the person whose nameis subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signatures on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. Witness rn hand and official seal, GORDON J.PETE SOCOMM4 1on#1335380 Notary Public-California orange County MYCorrm.liras Coo 17,2f1(?5 OPTIONAL Though.the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer--Vice President Windemere BLC Land Company, LLC By: Lennar Homes of California, lnc. its manager DESCRIPTt3N OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 0871 9207 Number of Pages: Two 2 Date of Document: August 6, 2003 Signers (other than those named above): Leigh McDonough CALIFORNIA ALL-PURPOSE AC 4i1 .EIf3MENT No.6907 State of Califo mia County of Urange Can Lt before me, Alexis H.Bryan,Notary public DATE NAME,TITLE OF OFFICER E.G„"JANE DOE,NOTARY PUBLIC" personally appeared Leigh McDonough NAME(S)OF SIGNER(S) personally known to me-OR- F-] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les); and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. F n WITNESS m hand and official seal. +' COM Ilissian##9306738 y z � Not�rf Pub'Sic-California � t i "3ca € t unty t Aj �,,r !`may comm' Expires Jum!,2,n D5 SIGNATURE OF N ARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL M CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) �] PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT [] TRUSTEE(S) [� GUARDIAN/CONSERVATOR NUMBER OF PAGES Q OTHER: SIGNER IS REPRESENTING: GATE OF DOCUMENT NAME OF PERSONS)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 54067/GEEF 2/98 01993 NATIONAL.NOTARY ASSOCIATION•8236 Rernmet Ave.,P,O.BOX 7184•Canoga Park,CA 91309.7154 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS. That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GDUCHER, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2,of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Leigh MCbONt7UGlI, of Costa Mesa, Californi , its true an lawful agent and Attorney-in-Fact, to make, execute,seal and deliver, for, and on its behalf as surety, a is act an : any and all bonds and undertakings and the execution of such bonds or undertakings in pursuanc se prese all be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had b y execu d acknowledged by the regularly elected officers of the Company at its office in Baltimore,Md., in the' proper The said Assistant Secretary does hereby certify th extract s� on the reverse side hereof is a true copy of Article VI, Section Z,of the By-Laws of said Company,and is force. IN WITNESS WHEREOF, the said Vice ent and ant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said Vice AEPOSIT COMPANY OF MARYLAND, this 27th day of September,A.D.2001. {2 c ATTEST:'` FIDELITY AND DEPOSIT COMPANY OF MARYLAND otnosf. r wnn v . � By: . L. Goucher Assistant Secretary M. P. Hammond Vice President State of Maryland County of Baltimore ss' On this 27th day of September, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GDUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly axed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. NOT�W'V Carol,l Fader Notary Public My Commission Expires: August 1,2004 POR-F 012-5025H EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2,of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, 6th August 2003 this day of Assistant Secretary ZURICH THIS LVIPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company,and American Guarantee and Liability Insurance Company are making the fallowing informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act)under this bond is $ waived—. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses' As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms,amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Lasses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year;for 2003, 7%fl of direct earned premium in the prior year;for 2004, 10%of direct earned premium in the prior year;and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism"as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States; 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code)or a United States flag vessel(or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission;and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to,influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 ----...........I...........-...............................................................-..................... .......-................ ...................... ...................................................................... ZY Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 2, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 705 SUBJECT: Approving Deferred Improvement Agreement along Evora Road for LUP 2108-01, (APN 099-160-020),Bay Point area. (District V) The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Main Street Associates,a California General Partnership,as required by the Conditions of Approval for LUP 2108-01. This agreement would permit the deferment of construction of permanent improvements along Evora Road which is located west of Willow Pass Road in the Bay Point area. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action CL:rm taken and entered on the minutes of the Board of Supervisors G:1GrpData\EngSvc\BO12003112-02-031LP 2108-01 BO-12-2.doc on the date shown Originator: Public Works(ES) Contact- Rich Lierly(313-2349) ATTESTED: DECEMBER 02, 2003 Recording to be completed by COB JOHN SWEETEN,Clerk of the Board of Supervisors and cc* Current Planning,Community Development Thoms/DeNova Homes County Administrator Ian Baird 1899 Clayton Road,Suite 110 Concord,CA 94520 By Deputy IF V RESOLUTION NO. 2003/ 705 i Recorded at the request of: CO%IM COSTA co Recorder Office Contra Costa County STONER L.r AIR Clerk-Recorder Engine Warks ervicesD viment DOC j@e3 Engineering Services Division DOC. "0587 [83"��� Return to: Public works Department 'y'hursd*Y, DEC 04, 2003 Ql$;26:?18 Engineering Services Division FRE $0.00 Records Section 'br- {g864V 4 Ttl Pd so-H Ira/RS/1-8 Area:Bay Point Road: Evora Road Co.Road No; 5085 Project:LUP 01-2108 APN: 099-160-020 DEFERRED IMPROVEMENT AGREEMENT (Project: LUP O1-2108) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY OVv`NER: (See nate below) Maurice M. Shiu,Public Works Director Main Street Associates, a California General Partnership (8ipatu-) Steven; P. Thomas RECOMMENDED FOR APPROVAL: By: J (Sipmu-) /-,In=ne ' rvicesDivision FORM APVictor J. W"estman,County Counsel (NOTE: This document is to be acknowledged with signatures as they appear on deed of title. If Owner is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) (see attached notary) 1. PARTIES. Effective on . ,- , the County of Contra Costa, hereinafter referred to as :'"County and Main Street Associates,a California General Partnership,hereinafter referred to as"Owner"mutually agree and promise as follows: 2. PURPOSE. Owner desires to develop the property described in Exhibit"A"attached hereto and wishes to defer construction of permanent improvements,and County agrees to such deferment if Owner constructs improvements as herein promised. 3. AGREEMENT BINDING ON SUCCESSORS IN INTEREST. This agreement is an instrument affecting the title or possession of the real property described in Exhibit"A." All the terms,covenants and conditions herein imposed are for the benefit of County and the real property or interest therein which constitutes the County road and highway system and shall be binding upon and inure to the benefit of land described in Exhibit"A"and the successors in interest of Owner. Upon sale or division of the property described in Exhibit"A",the terms of this agreement shall apply separately to each parcel,and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement Upon annexation to any city,Owner,or those who succeed him as owner of the property described in Exhibit"A,"shall fulfill all the terms of this agreement upon demand by such city as though ......... ......... ._..__... ......... ........ .__._.... __ _ __ _..... ......... ......... ....... ........ ... e� A3 e , Owner had contract with such city originally. Any annexing city shall have all rights of a third party beneficiary. 4. STREET AND DRAINAGE IMPROVEMENTS: A. The improvements set forth in this section may be deferred by Owner and shall be constructed when required in the manner set forth in this agreement. The deferred improvements required by County Department of Public Works are generally described on Exhibit"B"attached hereto. Each of said improvements relate to the use,repair,maintenance or improvement of,or payment of taxes,special assessments or fees on,the property described in Exhibit"A." B. When County Public Works Director determines that there is no further reason to defer construction of the improvements because their construction is necessary for the public health,welfare and safety and/or is necessary to the orderly development of the surrounding area,he shall notify Owner in writing to commence their installation and construction. The notice shall be mailed to the current owner or owners of the property as shown on the latest adopted County assessment roll. The notice shall describe the work to be done by Owner,the time within which the work shall commence and the time within which the work shall be completed. All or any portion of said improvements may be required at a specified time. Each Owner shall participate on a pro rata basis in the cost of the improvements to be installed. If Owner is obligated to pay a pro rata share of a cost of a facility provided by others,the notice shall include the amount to be paid and the time when payments must be made. 5. PERFORMANCE OF THE WORK.. Owner shall perform the work and make the payments required by County as set forth herein or as modified by the Board of Supervisors. Owner shall cause plans and specifications for the improvements to be prepared by competent persons legally qualified to do the work and shall submit said improvement plans and specifications for approval prior to commencement of the work described in the notice and to pay County inspection fees. The work shall be done in accordance with County standards in effect at the time improvement plans are submitted for approval. Owner agrees to commence and complete the work within the time specified in the notice given by the Director ofPublic Works and to notify the County at least 48 hours prior to start of work. In the event Owner or his successor(s) in interest fails to construct any of the improvements required under this agreement,County may,at its option,do the work. Alien is hereby created on all property described in Exhibit"A"for the cost of such work. If County sues to compel performance of this agreement,to recover the cost of completing the improvements or to enforce the aforementioned lien,Owner shall pay all reasonable attorney's fees,costs of suit and all other expenses of litigation incurred by County in connection therewith,and said attorney's fees,costs and other expenses shall also become alien on the property described in Exhibit"A". If the property described in Exhibit "A" is subdivided at the time said liens are imposed,the amount of said liens shall be divided proportionately among the various parcels. Permission to enter onto the property of Owner is granted to County or its contractor as may be necessary to construct the improvements covered by this agreement. 6. JOINT COOPERATIVE PLAN. Upon notice by County,Owner agrees to cooperate with other property owners,the County,and other public agencies to provide the improvements set forth herein under a joint cooperative plan including the formation of a local improvement district,if this method is feasible to secure the installation and construction of the improvements. 7. REVIEW OF REQUIREMENTS. If Owner disagrees with the requirements set forth in any notice to commence installation of improvements, he shall,within 30 days of the date the notice was mailed,request a review of the requirements by the Board of Supervisors of County. The decision of this Board shall be binding upon both County and Owner. 8. ACCEPTANCE OF IMPROVEMENTS. County agrees to accept those improvements specified in Exhibit"B"which are constructed and completed in accordance with County standards and requirements and are installed within rights of way or easements dedicated and accepted by resolution of the Board of Supervisors. Owner agrees to provide any necessary temporary drainage facilities,access road or other required improvements,to assume responsibility for the proper functioning thereof, to submit plans to the appropriate County agency for review, if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property. 9. . BONDS. Prior to County approval of improvement plans,Owner may be required to execute and deliver to the County a faithful performance bond and a payment bond in an amount and form acceptable to County to be released by the Board of Supervisors in whole or in part upon completion of 'the work required and payment of all persons furnishing labor and materials in the performance of the work. 10. INSURANCE. Owner shall maintain, or shall require any contractor engaged to perform the work to maintain, at all times during the performance of the work called for herein a separate policy of insurance in a form and amount acceptable to County. 11. INDEMNITY. Owner shall defend,indemnify and save harmless the County,it's officers,agents and employees,from every expense,liability or payment by reason of injury(including death)to persons or damage to property suffered through any act or omission,including passive negligence or act of negligence,or both,of Owner,his developer,contractors,subcontractors,employees,agents,or anyone directly or indirectly employed by any of them,or arising in any way from work called for by this agreement,on any part of the premises,including those matters arising out of the deferment of permanent drainage facilities or the adequacy,safety,use or non-use of temporary drainage facilities,or the performance or nonperformance ofthe work. This provision shall not be deemed to require the Owner to indemnify the County against the liability for damage arising from the sole negligence or willful misconduct of the County or its agents,servants,or independent contractors who are directly responsible to the County. jh G:1GzpData1EngSvclChris\ProjectslLUP 2208-011LUP 2208-01 AG-12 Main Street Assoc..doc Rev. April 6,2000 - ............................. ........................................................ �ilt7 LUP 01-2108 (Deferred Improvement Agreement) EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: All of that land described in the deed from Albert V.Streuli,Jr.,trustee of the Strueli Family Trust dated April 10, 1to Main Street Associates,a California General Partnership,recorded and on file at the County Recorder's Office as follows: Date: August 6,2003 Document Number: 2003.384539 31,: G:1G€pDatalEngSvc\Chris\Pmjects\LUP 2108-01\LUP 2108-01 AG-I2 Main Stmet Assoc..doc RE: LUP 01-2108 EXHIBIT "B" IMPROVEMENTS Improvements required by Contra Costa County Community Development Department and the County Ordinance Code as a condition of approval for the above-referenced development are located along Evora Road,for the parcel described in Exhibit "A": 1. Realign the western access road to intersect Evora Road at a 90-degree angle. This shall include all necessary work to realign the access road,including constructing new curb,sidewalk,necessary longitudinal and transverse drainage,pavement widening and transitions along the frontage of Evora Road. 2. Approximately 1,450 linear feet(320 linear meters)of 5-foot(1.5-meter)wide sidewalk,width measured from curb face,built monolithic with the curb, along one side of the western private access road, serving these parcels. 3. Approximately 1,450 linear feet(442 linear meters)of 6-foot(1.8-meter)wide sidewalk,width measured from curb face, built monolithic with the curb, along the northern side of Evora Road from Willow Pass Road to the western access road serving these parcels. 4. Necessary street lights on Evora Road between Willow Pass Road and the western access road to these parcels. The final number and location of the lights will be determined by the County Public Works Department. 5. Temporary conforms for paving and drainage as may be necessary at the time of construction. 6. Submit improvement plans to the Public Works Department,Engineering Services Division,for review;pay an inspection and plan review fee and applicable lighting fee. CONSTRUCTION -Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent. The construction of the above deferred improvements shall begin as outlined in Item 4B of the agreement or when either of the following occurs: 1. Evora Road is extended as planned by the County. 2. Frontage improvements are constructed adjacent to the subject property. It is the intent at this time that the"pro rata basis"of costs,as specified in Item 4B of the agreement,shall mean that the owner of this parcel shall pay 50%of the costs. The remaining 50% shall be paid for by APN 099-160-027. :jh G:\GrpData\EngSvc\Chris\Projects\LLJP 2108-01\LUP 2108-01 AG-12 Main Street Assoc..doc Rev.November 4,2003 CALIFORNIA ALL-PU OSE ACKNOWLEDGEMENT Stateof California _ OPTIONAL SECTION Countyof Contra Costa CAPACITY CLAIMED BY SIGNER On 1115103 before me, LaVonna _.1. �_,�m1�0__ Though statute does not require the Notary to fill in NAME,TITLE OF OFFiGEit E°Cs.,"JANE DOE,NOTARY PUSL#G" the data below,doing so may prove invaluable to personally appeared Steven F. Thomas , persons relying on the document. NAMES)OF SIGNER(5) 4 INDIVIDUAL Y,personally known to me-OR-C proved to me on the basis of satisfactory evidence to 11 CORPORATE OFFICERS) be the person( whose name4o Woo TITLE(S) subscribed to the within instrument and IWCONTRACOSTA AVONNA J. LUMLY acknowledged to me that he/�executed X pARTNEROO C LIMITED +� the same in hisi'mo lti iv authorized COMM. 245352 GENERAL capacity�Ie{i,and that by his/l�teFr NOTARY PUBLIC-CALIFt)RtffA signature"on the instrument the personA or D ATTORNEY-IN-PACT COUNTY •+ the entity upon behalf of which fire personsC TRUSTEES) y Comm.Expires Dec.11,2003 Cl GUARDIAN/CONSERVATOR acted,executed the instrument. C OTHER. WI ESS my hand ttd o Ictal seal SIGNER IS REPRESENTING: —� {NAME OF PERSONS)OR ENTITY(IEs)) SIGNATURE OF NOTARY acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or Main Street Associates a resolution of its Board of Directors OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signeexactly as it is typed or printed. 11. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PAR' E SHIPS - Signing party must be either a general partner or be authorized in writing to have e authority to sign or an in a partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. �ab )The Chair of the Board The President c Any Vice-President GROUP 2. a The Secretary Rb An Assistant Secreta c The Chief Financial ff-icer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the Instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC.MW V,FWS4tSHARDATAtCrplhta\Erg$vcWormslWORD FORMSIALL PURPOSE NOTARY.doe Rtv,mktyl3 3 PARTNERSHIP AGREEMENT MAI STREET ASSOCIATES By this Agreement entered into on June 14, 1993, STEVEN P. THOMAS ANIS BAILEY REVOCABLE TRUST BY ROBERT J. BAILEY agree as follows; 1. Steven P. Thomas and Bailey Revocable Trust by Robert J. Bailey hereby form a California General Partnership to be known as 'Main Street Associates", to engage in the business of holding property for investment. 2. The principal place of business of the partnership is to be 3100 Oak Road, Suite 215, Walnut Creek, California, 94595. 3. Each partner shall contribute needed capital to the partnership and shall divide profits and losses in the following ratios: 50% for Steven P. Thomas 50% for Bailey Revocable Trust by Robert J. Bailey 4. Capital shall not be withdrawn from the partnership without the consent of all partners. 5. No interest shall be paid on any capital contri- butions, advances or loans to the pdrt-Aership from any partner. 6. No salaries shall be paid to any partner for acting for the partnership unless agreed to in writing by the other partner. 1 7. Each partner shall have equal rights in the management and conduct of the partnership business, except that any differences between the partners as to the partnership matters shall be decided by the majority interest in the partnership. 8. There is to be no restriction on the conduct of other business by either of the partners. 9. No partner shall engage in any of the following acts without the written consent of the ether partner: a. Assign, pledge, hypothecate, or mortgage any asset belonging to the partnership. b. Pledge the credit of a partnership in any way except in the ordinary course of partnership business. C. Make an assignment for the benefit of creditors. d. Borrow any money in the name of the partnership or lend any money belonging to the partnership. e. Sell, mortgage, hypothecate or assign his share in the partnership or in profits or capital, other than to the other partners. Steven P. Thimas 0 Bailey Re o ble Trust By Robert J. Bailey 2 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 2, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 706 SUBJECT: Approving Deferred Improvement Agreement along Evora Road for LUP 2108-01, (APN 099-160-027), Bay Point area. (District V) The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Thomas/DeNova LLC, a California Limited Liability Company, as required by the Conditions of Approval for LUP 2108-01. This agreementwould permit the deferment of construction ofperfnanent improvements along Evora Road which is located west of Willow Pass Road in the Bay Point area. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. 6:\C,rpData\EngSvc\BO\2003\12-02-03\LP 2148-01 BO-12.doe I hereby certify that this is a true and correct copy of an action CL:rrn taken and entered on the minutes of the Beard of Supervisors on the date shown Originator: Public Works(ES) Contact: Rich Lierly(313-2348) Recording to.be completed by COB ATTESTED: DECEMBER 02, ' 2003 cc: Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and Thomas/DeNova Homes Ian wird County Administrator 1899 Clayton Road,Suite 110 Concord,CA 94520 By ,Deputy RESOLUTION NO.2003/ 7 0 6 G l!!l iif l!i i!ii l!11 li ililli l!l! i illi l illi i fl lii!il Recorded at the request of: CONTRA COSTA Co Recorder Office Contra Costa County STEPHEN L. WEIR Clerk-Recorder PubEngin Works Department DOC— 200 0558177$4 00 Engineering.Services Division � `J � Return to: Thursday, DEC 04, 2003 08:26:1$ Public Works Department FRE $0.00/ (QQ Engineering Services Division Records Section Tt l Pd $0.00/� Nbr-�J��A/�1886$06 ' 1-8 Area:Bay Point l rc/R9l Road: Evora Road Co.Road No: 5085 Project:LUP 01.2108 APN: 099-160 @44 and 099 i-66 ©z •OZ7 DEFERRED IMPROVEMENT AGREEMENT (Project: LUP 01-2108) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER.: (See note below) Maurice M. Shiu, Public Works Director Thomas/Denova LLC,A California Limited Liability Company By: (signazurt� +""►' Steven P. Thomas/Member RECOMMENDED FOR APPROVAL: By: (Signature) E gin Services Division FORM APPR VED: Victor J. Westman, County Counsel (NOTE: This document is to be acknowledged with signatures as they f appear on deed of title. If Owner is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) (see attached notary) 1. PARTIES. Effective on ' , the County of Contra Costa, hereinafter referred to as "County"and Thomas/Denova LLC,hereinafter referred to as"Owner"mutually agree and promise as follows: 2. PURPOSE. Owner desires to develop the property described in Exhibit"A"attached hereto and wishes to defer construction of permanent improvements,and County agrees to such deferment if Owner constructs improvements as herein promised. 3. AGREEMENT WNDING ON SUCCESSORS IN INTEREST. This agreement is an instrument affecting the title or possession of the real property described in Exhibit"A." All the terms,covenants and conditions herein imposed are for the benefit of County and the real property or interest therein which constitutes the County road and highway system and shall be binding upon and inure to the benefit of the land described in Exhibit"A"and the successors in interest of Owner. Upon sale or division of the property described in Exhibit"A",the terms of this agreement shall apply separately to each parcel,and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. Upon annexation to any city,Owner,or those who succeed him as owner of the property described in Exhibit"A,"shall fulfill all the terms of this agreement upon demand by such city as though Owner had contract with such city originally. Any annexing city shall have all rights of a third party beneficiary. 4. STREET AND DRAINAGE IMPROVEMENTS: A. The improvements set forth in this section may be deferred by Owner and shall be constructed when required in the manner set forth in this agreement. The deferred improvements required by County Department of Public Works are generally described on Exhibit"B"attached hereto. Each of said improvements relate to the use,repair,maintenance or improvement of,or payment of taxes,special assessments or fees on,the property described in Exhibit"A." B. When County Public Works Director determines that there is no further reason to defer construction of the improvements because their construction is necessary for the public health,welfare and safety and/or is necessary to the orderly development of the surrounding area,he shall notify Owner in writing to commence their installation and construction. The notice shall be mailed to the current owner or owners of the property as shown on the latest adopted County assessment roll. The notice shall describe the work to be done by Owner, the time within which the work shall commence and the time within which the work shall be completed. All or any portion of said improvements may be required at a specified time. Each Owner shall participate on a pro rata basis in the cost of the improvements to be installed. If Owner is obligated to pay a pro rata share of a cost of a facility provided by others,the notice shall include the amount to be paid and the time when payments must be made. S. PERFORMANCE OF THE WORK. Owner shall perform the work and make the payments required by County asset forth herein or as modified by the Board of Supervisors. Owner shall cause plans and specifications for the improvements to be prepared by competent persons legally qualified to do the work and shall submit said improvement plans and specifications for approval prior to commencement of the work described in the notice and to pay County inspection fees. The work shall be done in accordance with County standards in effect at the time improvement plans are submitted for approval. Owner agrees to commence and complete the work within the time specified in the notice given by the Director of Public Works and to notify the County at least 48 hours prior to start of work. In the event Owner or his successor(s)in interest fails to construct any of the improvements required under this agreement,County may,at its option,do the work. A lien is hereby created on all property described in Exhibit"A"for the cost of such work. If County sues to compel performance of this agreement,to recover the cost of completing the improvements or to enforce the aforementioned lien,Owner shall pay all reasonable attorney's fees,costs of suit and all other expenses of litigation incurred by County in connection therewith,and said attorney's fees,costs and other expenses shall also become a lien on the property described in Exhibit"A". If the property described in Exhibit"A"is subdivided at the time said liens are imposed,the amount of said liens shall be divided proportionately among the various parcels. Permission to enter onto the property of Owner is granted to County or its contractor as may be necessary to construct the improvements covered by this agreement. 6. JOINT COOP ERATIVE PLAN. Upon notice by County,Owner agrees to cooperate with other property owners,the County,and other public agencies to provide the improvements set forth herein under a joint cooperative plan including the formation of a local improvement district,if this method is feasible to secure the installation and construction of the improvements. 7. REVIEW OF REQUIREMENTS. if Owner disagrees with the requirements set forth in any notice to cornmence installation of improvements, he shall,within 34 days of the date the notice was mailed,request a review of the requirements by the Board of Supervisors of County. The decision of this Board shall be binding upon both County and Owner. 8. ACCEPTANCE OF IMPROVEMENTS. County agrees to accept those improvements specified in Exhibit"B"which are constructed and completed in accordance with County standards and requirements and are installed within rights ofway or easements dedicated and accepted by resolution of the Board of Supervisors. Owner agrees to provide any necessary temporary drainage facilities,access road or other required improvements,to assume responsibility for the proper functioning thereof, to submit plans to the appropriate County agency for review, if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property. 9. BONDS. Prior to County approval of improvement plans,Owner may be required to execute and deliver to the County a faithful performance bond and a payment bond in an amount and form acceptable to County to be released by the Board of Supervisors in whole or in part upon completion of the work required and payment of all persons furnishing labor and materials in the performance of the work. 10. INSURANCE. Owner shall maintain, or shall require any contractor engaged to perform the work to maintain, at all times during the performance of the work called for herein a separate policy of insurance in a form and amount acceptable to County. 11. INDEMNITY. Owner shall defend,indemnify and save ham-mess the County,it's officers,agents and employees,from every expense,liability or payment by reason of injury(including death)to persons or damage to property suffered through any act or omission,including passive negligence or act of negligence,or both,of Owner,his developer,contractors,subcontractors,employees,agents,or anyone directly or indirectly employed by any of them, or„4rising in any way from work called for by this agreement, on any part of the premises, including those matters arising out of the deferment of permanent drainage facilities or the adequacy,safety,use or non-use of temporary drainage facilities,or the performance or nonperformance of the worlc This provision shall not be deemed to require the Owner to indemnify the County against the liability for damage arising from the sole negligence or willful misconduct of the County or its agents,servants,or independent contractors who are directly responsible to the County. Jri G:\GrpData\EngSvc\lorge\2003\May\LPO 12108 AG-12.doc Rev. April 6,2000 LUP 01-2108 (Deferred Improvement Agreement) EXHIBIT "A"" All that real property situated in the County of Contra Costa,State of California,described as follows: All of Parcel B as shown on the Exhibits for the Lot Line Adjustment#LL010001,recorded and on file at the County Recorder's Office as follows: Date: November 19, .2001 Document Number: 2041-354094 A: G:\GrpData\Eng$vc\lorge\2003Vuly\LP012108AG-i 2(2).doc RE: LUP 01-2108 EXHIBIT "B" IMPROVEMENTS Improvements required by Centra Costa County Community Development Department and the County Ordinance Code as a condition of approval for the above-referenced development are located along Evora Road, for parcels described in Exhibit "A": 1. Realign the western access road to intersect Evora Road at a 90-degree angle. This shall include all necessaryworkto realign the access road,including constructing new curb,sidewalk,necessary longitudinal and transverse drainage,pavement widening and transitions along the frontage of Evora Road. 2. Approximately 1,050 linear feet(320 linear meters)of 5-foot(1.5-meter)wide sidewalk,width measured from curb face,built monolithic with the curb, along one side of the western private access road, serving these parcels. 3. Approximately 1,450 linear feet(442 linear meters)of 5-foot(1.5-meter)wide sidewalk,width measured from curb face,built monolithic with the curb, along the northern side of Evora Road from Willow Pass Road to the western access road serving these parcels. 4. Necessary street lights on Evora Road between Willow Pass Road and the western access road to these parcels. The final number and location of the lights will be determined by the County Public Works Department. 5. Temporary conforms for paving and drainage as may be necessary at the time of construction. 6. Submit improvement plans to the Public Works Department,Engineering Services Division,for review;pay an inspection and plan review fee and applicable lighting fee. CONSTRUCTION Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent. The construction of the above deferred improvements shall begin as outlined in Item 4B of the agreement or when either of the following occurs: .;4. Evora Road is extended as planned by the County. 2. Frontage improvements are constructed adjacent to the subject property. It is the intent at this time that the"pro rata basis"of costs,as specified in Item 4B of the agreement,shall mean that the owners of each parcel shall pay 50%of the costs. Jh G:1GrpDauTngSvcVorgc\2W3\May1L?01210$AG-12.cbc Rev.May 22,2003 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CA3 j f orn i a OPTIONAL SECTION County of COn,tra Ota CAPACITY CLAIMED BY SIGNER On 5/&03 ,before me, LaVonna J. Lumly. NO t ary Public Though statute does not require the Notary to fill In DATs NAME,TITLE of oFFtcEn H.G.,^3ANB ndaE,NOTARY PtTBt tC the data below,doing so may prove Invaluable to persons retying on the document personally appeared Steven P• Thotttat�E(s)OF SIGNER(S) 0 INDIVIDUAL Xpersonalty known to me-OR-CI proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and acknowledged to me that he/she/they executed G PARTNER(S) 0 LIMITED the same in hisfher/their authorized p GENERAL LAVON � � capacity(ies),and that by his/trerltheir 0 ATTORNEY-IN-FACT Nsignatures)on the instrument the person(s)or 0 TRUSTEE(S) COMM. 1245392 is the entity upon behalf of which the person(s) D GUARDIAN/CONSERVATOR NOTAWPUSUC CAI.IF001A acted,executed the instrument. g) pTHER: Mgtttl� r rsf T.T,t: CONTRA COSTA COUNTYw My Comm.Expires Dec,11,2003 y ITYESS my hand aan"d�offr * I seal, SIGNER IS REPRESENTING: Y ✓ , I NAME OF PERSON(S)OR ENTITY(tES)) StONATURH OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document_Deferred Im rovement TO THE DOCUMENT AT RIGHT. Number of Pages 3 Agreement Though the data below is not required by law,it may prove valuable Date of Document n f u to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above none mattachment of this form INSTRUCTIONS TQ NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FCIR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. 11. SIGNATURES FOR INDIVII3tTAL5-The name must be signed exactly as it is printed or typed. The signer's interest in the property mustr1 a stated. in. S1GNA.� FOR PAItgMH1PS - Si&tng party must be either a general partner or be authorized in writing to have e authority to sign for r and-iii n tete partnerstup. IV. SIGNATURES FOR.CORPORATIONS Documents should e signed by two officers,one from each of the following two groups: GROUP 1. NaChir of the Board t The President di Any Vice-President GROUP 2. a The Secretary An Assistant Secretary d; The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ,,...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JCMW t5PWS4'SHARUATA\GrpUata%ogSvc\Fomtt WORD FORWAt t.PURPOSE NOTARY.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONALSECTION ' County of 6.6 n 7 L k �&)5 }� _ CAPACITY CLAIMED BY SIGNER On � before me 1 6L�t,iU r C-f rl t 1yo iI-a Pu blj G Though statute does not require the Notary to fill in ATE AJ fE,TITLE OF OFFICER E.G JANE DOE,WTARY PUBLIC" t�.�. I the data relying the so cu prove invaluable to personally appeared `� ,� persons relying on the document. NAMES)OF SIGNER(S) Cl INDIVIDUAL i ,-,ersonally known to me-OR-❑ proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) be the person(A whose name(o is/oee TITLE(s) subscribed to the within instrument and acknowledged to me that he/s1Ve/th6y executed ❑ PARTNER(S) ❑ LIMITED � the same in hisihdrtthEir authorized ❑ GENERAL JI capacity(irA),and that by his/*/their p ATTORNEY-IN-FACT IN signature(4 on the instrument the person(l)or ❑ ATTO TRUSTEE(S) ! comm. 131 the entity upon behalf of which the person(,$) NOTARY PUBLIC CALIFORNIA1acted,executed the instrument, 0 GUARDIAN/CONSERVATOR CONTRA COSTA COUNTY .. � C7 OTHER My Comm Expires July 2U 2Qt)5 I ES m/hand d official se 91" SIGNER IS REPRESENTING: e 1... (NAM OF PERSON(S)OR ENTITY(IES)} SIGNATURE P TARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of.Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signeexactly as it is typed or printed. IT. SIGNATURE FOR INDIVIDUALS-The naive must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. M. SSIQN-4TURIWS FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign o`raan�t �t�`tfLe partnership, IV. SIGNATURES FOR CORPORATIONS Documents should be signed y two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the.Board b})The PFesident c Any Vice-President GROUP 2. a The Secretary An Assistant Secretary C The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the Instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ..and acknowledged to True that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." 1C.MW NTW54LSHARDATA4ChppDVATnSSvc\FomutWORD FORMSiALL PURPOSE NOTARY.doc N0.311 P. DENovAHoMES TmOMAsENOVA L.L.C. MANAGING MEMBER RESOLUTION WIMREAS, this corporation hes prior to this date entered into a Limited Liability Company known as THOMAS J DENO'VA, LLC, a California Urafted Liability Company, as the sole managing member thereof; 1. David B. Sanson, the Secretary of DeNova Homes, Inc. (the Corporation.) hereby certify that at a tneedug of the Hoard of Directors of the Corporation, which was duly held on March 25, 2002, the fallowing resolutions were duly adopted. RESOLVED, that Dave Sanson and Steve Thomas are authorized and dkeetcd in the name of this Corporation, as Managing Members of lUma s/D ova, LLC to execute all documentation pertaining to the- development application for the Lesher Property, Concord CA as required by !Contra Costa County fol' Thornnas t DeNova LLC, a Califbrrs a Limited Liability Company. RESOLVED FURTHER,that the Secretary of the Corporation is directed to certify these resolutions and to deliver such certification in support of the authority of the above officers to act on behaifof this Corporation, 1 David 13. Smon f , 1800 Clayton Xoad, Ruitf 110 C ont`ord,CA 14020-Z31 3 ' 42S-685-01111 .Fix 926485-060 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 2, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 707 SUBJECT: Approve the Second Extension of the Road Improvement Agreement along Road Acceptance 1109(cross-reference Subdivision 8023),Brentwood area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Road Improvement Agreement between Hofmann Land Development Company and the County for construction of certain improvements in Road Acceptance 1109, in the Brentwood area, through August 14, 2004; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ANTICIPATED DATE OF COMPLETION: November 2003 + REASON FOR EXTENSION: Drainage issues at the Fallman Canal. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken JD:rm and entered on the minutes of the Board of Supervisors on the date G:\GrpData\EngSvc\BO\2003\12-02-03\ A 1109 BO-1 l.doc shown. Originator: Public Works(ES) ATTESTED:_ DECEMBER 023 2003 Contact: T.lie(313-2363) JOHN SWEETEN, Clerk of the Board of Supervisors and County cc: Public Works—T.Bell,Construction Administrator Current Planning,Community Development T—June 14,2003 Iiofinann Land Development Company 1380 Galaxy Way Concord,CA 94520 By ,Deputy American Insurance Company 777 San Marin Drive Novato,CA 94998 RESOLUTION NO.2003/_ ZC)7 CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: Road Acceptence 1109 Developer: Hofmann Land Development Company Original Agreement Date: August 14,2001 Second Extension New Termination Date: August 14,2004 Improvement Security Surety: American Insurance Company Bond No. (Date): 11141714029(July 24,2001) Security Type Security Amount Cash: $8,000.00(1% cash,$1,000 Min.) Bond: $794,300.00(Performance) $401,150.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date; and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: C.% � Dated: �3 f FOR CONTRA COSTA COUNTY Maurice hiu, l c Works Director Deve oiler's Signatures) Printed - oY RECOMMPROVAL: Address By: t►t C Ame Yi cao Tjgsuyu-tce- / i ering Services Division) Surety or Financial Institution 7— -7-11 a.v� 1V�QYtv�' E�3yi ul Jlla, �C>4 it�-195� Addres (NOTE. Developer's, Surety's and Financial Institution's Signatures must be Notarized.) Attorney iA Facts Signature FORM APPROVED:Victor 1.Wcetmsn,County Commet Cindy Thun Figueiredo Resident Q<;!C!s'� ;.S ' r - Printed After Approval Return to Clerk ofthe Board CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Contra Costa ) On October 15, 2003, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared A.T. Shaw, personally known to me to be the person whose name is subscribed to within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal ................................................................:............................................ ............................................................................................................. D. PANTELES < COMMA1296585 t� NOTARY PUBLIC-CALIFORNIA Yt Cows Costa County kSy Coram €xp4ps Marsh 9,200 Signatu ;' .................................................... Reference: Road Acceptance 1109 Date: October 15, 2003 Pages: 1 ACTION BY THE BOARD 4F DIRECTORS OF HOFMANN LAND DEVELC Pmr--NT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Hofmann Lana Development Company, a California corporation, Individurally and collectively consent, by this writing, to take the following actions, to adopt the following resolution: RESOLVED, that the corporation authorizes A.T. Shaw to execute, in his authodZed capacity as CEO/President, any and all documents related to the purchase and sale of real property, any and all documents related to'tM approval of tentative and final subdivision maps, and any and all documents related to land improvement agreements, scich as subdivision agreements, and any and all bond agreements. This consent is executed pursuant to section 307, subdivision (b) of the California Corporations Code, which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Dated: August 1, 2000 Kenneth n, Director r d Albert T. Shaw, Di or ennon, Director omas A. Whalen, D Dennis M. Draw, Director Richard L. Greene, Director CERTIFICATION OF SECRETARY 1, Dennis M. Drew, do hereby certify that I am duly elected and qualified Assistant Secretary and the keeper of the records and corporate seal of Hofmann Land Development Co., a corporation organized and existing under the laws of the State of California, and that the attached document is a true and correct copy of a resolution duly adopted at a meeting of the Board of Directors thereof, convened and held in accordance with law and the Bylaws of said Corpo n and that such resolution is now in full force and effect. Date: l Dennis M. Drew, ActingSecretary Corporation: Hofmann Land Development Company Document Name: Board of Directors Resolution Date: August 1, 2000 e-V CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State oft `rrtt OPTIONAL SECTION County of \,N)oL Y-'6(.,. CAPACITY CLAIMED BY SIGN On J before me,_ 1`\#t`a 4 v i K�LZ..'L.; - Though statute does not require the tart'to fIif T NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" In the data below,doing so may pr a invaluable to personally appearedt persons relying on the documen NAWS)OFSIGNE S) 3 0 INDIVIDUAL -''`personally known to me-OR-❑0 provided to me on the basis of satisfactory evidence to ❑ © CORPORATE OFF R(S) be the person(s)whose name(?)is/aro subscribed TIT S) to the within instrument and acknowledged to me that he/she/th$y executed the same in ❑ p PARTNER( [7 0 LIMITED r r KRISTIN A.GA,ZZOLI his/her/tom authorized capacity(igs),and that by COMM #`78;2236 D IA/her/thf r signature(o on the instrument the D 0 ATTOR Y-IN-FA T GENERAL NOTARY PJBi.;c•CAUFORN1A person(4 or the entity upon behalf of which the ❑ © TRUS S MARIN ExpCaANTY person(t)acted,executed the instrument. ❑ GU N/CONSERVATOR My Comm.cxp!t 35 April 34,2{)04 ❑ © OT R: WITH my han apd gf c4 al seal, SIGNE I5 REPRESENTING: SIGNAT NPT A I NA F PERSONS)OR ENTITY(IE5)) ❑0 acknowledged to me that such corporation executed the w in instrument pini by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document J_�oatl�rn� ri TO THE DOCUMENT AT RIGHT. Number of Pages + .=Y� Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. �a�The Chair of the Board bThe President cAny Vice-President GROUP 2. (a The Secretary b An Assistant Secretary (c The Chief Financial Officer d The Assistant Treasurer If signatures ofoffieers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute Instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." FIREMAN'S la[TNI INSURANCE COMPANY NATIONAL SURETY(CORPORATION ASSOCIATED INDERNM CORPORATION M AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint' Cindy Thun Fiqueiredo of Novato, CA their true and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby raffying and confirming all that the said Attorneys)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Dircctots of each of the Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WIMMF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this, 02 day of November �4 w FIREMAN'S FUND INSURANCE Ml'ANY _� NATIONAL SUREI'i CO RATION + THE AMERICAN INS OMPANY sear.awry a e ASSOCIATED INDEMNITY RATION �.y tU, "� <• ,:�" <r+y ca'� �R*xc"c`c "i'rtans " AMERICAN Mf3BILFINS COMPANY STATE OF CALIFORNIA SS. By COUNTY OF MAR1N 'Yi - ident On this02 day of November ,2 0 171 ,before me personally e, Ho1d .N.. R4arsh to me known,who,being by me duly sworn,did depose and say:that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals,that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the.day and year herein first above written. r KRISTIN A.GAZZOLI 0 COW#1262236 > 1-0 NOTARY PVeLtC•C.R W0RNL& � tit!r INCOWN 0 qty Comm.Ezpiros Ap(20,2004 N STATE OF CALIFORNIA I SS. CERTIFICATE COUNTY OF MARIN L the undersigned, Resident Assistant Secretary of cacti company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked,and furthermore that Article Vfl of the By-laves of c&:h company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,!arg now in force. Signed and sealed at the County of Marin. Dated the day of ®r% �' 00— A" E .._----• RCSide tt A5S%Stint.5.tOrCtxty ewi