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MINUTES - 12092003 - C6-C10
TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 9, 2003 SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to Execute an Amendment for Real Property Services between the County of Contra Costa and Sanli, Pastore and Hill for the State Route 4 East, Railroad Avenue to Loveridge Road Project, Pittsburg Area (District V) Project No.: 4660-6X4287 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute, on behalf of Contra Costa County an Amendment for Real Property Services with Sanli, Pastore and Hill, effective December 2, 2003, in the amount of $20,000 for a new maximum payment limit of $80,000 for appraisal and expert witness services in connection with the State Route 4 East, Railroad Avenue to Loveridge Road Project. II. Fiscal Impact: Payments under this contract are covered from funding by the Contra Costa Transportation Authority (CCTA). Costs will be charged directly to the project. III. Reasons for Recommendations and Background: Sanli, Pastore and Hill has provided appraisal services for the State Route 4 East Project in the past. County staff members wish to continue retaining the professional services of this firm because of its current involvement, reliable performance and experience in appraisal of the type of parcels involved. IV. Consequences of Negative Action: The County would be unable to retain the services necessary to complete the assigned project in a timely manner. Continued on Attachment: SIGNATURE: W"14; ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,�rPPROVE THER SIGNATURE(S): ACTION OF BOON DECF.NiBER 09. 2003 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPE SORS xx UNANI US(ABSENT NONE } AYES: NOES: I hereby certify that this is a true and correct ABSENT: ABSTAIN: copy of an action taken and entered on the cs:eh minutes of the Board of Supervisors on the G:1GrpData\RealProp12003-Files\BOs&RES\BOSanliPastore.doc date shown. Orig.Div: Public Works(R/P) Contact: C.Sousa(313-2223) ATTESTED: DECEMBER 09, 2003 cc: County Administrator JOHN SWEETEN, Clerk of the Board of Auditor-Controller(via R/P) Supervisors and County Administrator P.W.Accounting Board Orders Senior Clerk,Adm. By Deputy , ti r r K t CONTRA COSTA COUNTY 255 Glacier Drive Martinez, California 94553 AMENDMENT TO AGREEEMENT FOR REAL PROPERTY SERVICES 1. EFFECTIVE DATE AND PARTIES. Effective on December 2, 2003, Contra Costa County(herein called "PUBLIC AGENCY"), and Sanli, Pastore & Hill, (herein called "CONSULTANT"), mutually agree as follows: 2. PURPOSE. The parties desire to amend the contract they entered into, effective June 1, 2003, entitled "Agreement for Real Property Services", to provide payment for additional work furnished to the Public Agency. 3. AMENDMENT. Said agreement is hereby amended as follows: 1. e. Payment Limit: Increase payment limit by$20,000 to a new payment limit of$80,000. 4. EFFECT. Except for the amendment agreed to herein, said contract remains in full force and effect. IN WITNESS WHEREOF, this Agreement has been executed, in triplicate by and on behalf of the parties hereto, the day and year first above written. Contra Costa County Consultant - Sanli, Pastore, & Hill C� B �. y By- Maur Y e. Shiu Address: 2151 River Plaza Drive Public Works Director Sacramento, CA 95833 RECOMMENDED FOR APPROVAL: B Prncipal Real Property Agent g:lgrpdatalrealprop12003-Files111-031AG24aSan1i.doc CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT State of Californias ss. County of 0 �- On �� ��` before me , O � Date \` Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally pp appeared Name(s)of Signer(s) ,personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personoa whose name(*T is/� MELISSA A.DUNK subscribed to the within instrument and �w..�. Commission# 1376089 acknowledged to me that he/ /t executed Z ..� Notary Public - California D g Z Los Angeles County the same in his/W/th*f authorized g My Comm.ExpiresSep 22.2006 capacity(ipg), and that by his/4ellihiaK signature(.8'jon the instrument the personK, or the entity upon behalf of which the personK acted, executed the instrument. W NESS my hand and off ' I seal. Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document e� Title or Type of Document. 1�\ N"Q �fJ V`C e Document Date: Q_ Number of Pages: Signer(s)Other Than Named Above. Qsp— Capacity(ies) Claimed by Signer Signer's Name: ��� g ... OF SIGNER ❑ Individual - Top of thumb here Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing. �- 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 t a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S ss. t 'a On � before me, , Date �� �-- SL-ell- e and Title of Officer(e.g.,"Jane Doe,Notary Public") Y apppersonal) eared Names)of Signer(s) ..personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name('is/a;zK MELISSA A.DUNN subscribed to the within instrument and Commission# 1376089 Z acknowledged to me that he/sWAOrey executed QNotary Public - California > the same in his/lf/tllr authorized Z s ;ffi Los Angeles County capacity), and that by his/�/tla�e�i'r ' My Comm.Expires Sep 22 2006 signature(K on the instrument the person()W, or the entity upon behalf of which the person(k acted, executed the instrument. W NESS my hand an official seal. Signature of Notary u lic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 11 , Title or Type of Document. Yp • Document Date: �- �3- 0-,4 Q� Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here Cor orate Officer p Ocer—Title(s). ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Call Tall-Free 1-800-876-6827 • THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution December 9, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG9 GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE TRAFFIC RESOLUTION NO. 2003/4046 ABSTAIN: NONE Supervisorial District V SUBJECT: Pursuant to Section 22507 of the California Vehicle Code declaring parking to be prohibited at all times on the south side of Canal Road (No.5384B), Bay Point area. The Contra Costa Board of Supervisors RESOLVES that: On the basis of a traffic and engineering survey and recommendations thereon by the County Public Works Department's Traffic Engineering Division, and pursuant to County Ordinance Code Sections 46-2.002-46-2.012,the following traffic regulation is established (and other action taken as indicated): Pursuant to Section 22507 of the California Vehicle Code parking is hereby declared to be prohibited at all times on the south side of Canal Road (Road No. 5384B), beginning at the center line of the intersection of Madison Avenue and extending westerly a distance of 300 feet, Bay Point area. I hereby certify that this is a true and correct Copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. JF:CM.-je G:1GrpData\TransEng120031BO-TR14046-5384B.doc ATTESTED: DEECEMBER 09, 2003 Orig.Dept.: Public Works(Traffic) JOHN SWEETEN, Clerk of the Board of Contact: Jerry Fahy,(313-2276) Supervisors and County Administrator cc: California Highway Patrol Sheriffs Department By Deputy TRAFFIC RESOLUTION NO. 2003/4046 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 9, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE__ ABSENT: NONE TRAFFIC RESOLUTION NO. 2003/4047 ABSTAIN: NONE Supervisorial District I SUBJECT: Pursuant to Section 21101(b) of the California Vehicle Code, Declaring a Stop Intersection at Market Avenue (Road No.0562) and Giaramita Street (Road No. 0565AB), North Richmond. The Contra Costa Board of Supervisors RESOLVES that: At the request of District I Supervisor Gioia, and pursuant to County Ordinance Code Sections 46-2.002 - 46-2.012, the following traffic regulation is established (and other action taken as indicated): Pursuant to Section 21101(b)of the California Vehicle Code, the intersection of Market Avenue (Road No. 0562) and Giaramita Street (Road No. 0565AB), is hereby declared to be a stop intersection and all vehicles traveling on either roadway shall stop before entering said intersection. I hereby certify that this is a true and correct Copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. JF:FUY:je DECEMBER 09 2003 G:1GrpData\TransEng12003180-TR14047-0562.doc ATTESTED: JOHN SWEETEN, Clerk of the Board of Orig.Dept.: Public Works(Traffic) Supervisors and County Administrator Contact: Jerry Fahy,(313-2276) cc: California Highway Patrol-Dublin Sheriff's Department By , Deputy TRAFFIC RESOLUTION NO. 2003/4047 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 9, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEM, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 742 SUBJECT: Approve the Drainage Improvement Agreement for Storm Drain Outfall DA 0021 (cross-reference Subdivision 8509), being developed by Windemere BLC Land Company, L.L.C., San Ramon(Dougherty Valley) area. (District 111) The following document was presented for Board approval this date for Storm Drain Outfall DA 0021 (cross-reference Subdivision 8509),property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A drainage improvement agreement with Windemere BLC Land Company,L.L.C.,principal, whereby said principal agrees to complete all improvements, as required in said drainage improvement agreement,within one year from the date of said agreement. Improvements generally consist of drainage improvements. Said document was accompanied by security to guarantee the completion of drainage improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date Originator:Public Works(ES) Shown. Contact: Teri Rie(313-2363) JG:gpp G:\GrpData\EngSvc\BO\2003\12-09-03\DA 21 BO-20.doc DECEMBER 09, 2003 cc: Pubic Works- T.Bell,Construction ATTESTED. - J.Gray,Engineering Services T—September,2004 JOHN SWEETEN, Clerk of the Board of Supervisors and County Windemere BLC Land Company,L.L.C. Administrator Brian Olin 3130 Crow Canyon Place,#310 San Ramon,CA 94583 Fidelity&Deposit Company of Maryland Patricia H.Brebner 225 S.Lake Avenue,Suite 700 By Deputy Pasadena,CA 91101 IF RESOLUTION NO.2003/742 SUBJECT: Approve the Drainage Improvement Agreement for Storm Drain Outfall DA 0021 (cross-reference Subdivision 8509), being developed by Windemere BLC Land Company, L.L.C., San Ramon(Dougherty Valley) area. (District III) DATE: December 9, 2003 PAGE: 2 I. Cash Bond Performance Amount: $4,100.00 Auditor's Deposit Permit No. 412346 Date: September 25, 2003 Submitted by: Windemere BLC, L.L.C. Taxpayer identification number: 94-329-15-16 11. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number and Date: 08719219 Date: September 10, 2003 Performance Amount: $406,900.00 Labor&Materials Amount: $205,500.00 Principal: Windemere BLC Land Company, L.L.C. NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/742 DRAINAGE IMPROVEMENT AGREEMENT Subdivision: DA 0021 (Cross-Reference SUB 8509) Effective Date: /Z11(716 1,5 Completion Period: I year Developer: Windemere BLC Land Company L.L.C. WINDEMERE BLC LAND COMPANY LLC, a California limited liability Company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Windemere,LLC A Delaware limited liability company Managing Member CONTRA COSTA COUNTY DEVELOPER BY:Lennar Homes of California,Inc., Maurice M.Shiu,Public Works Director Managing Member By: (signature) (print name& itle) Don(arson,Vice President RECOMMENDED FOR APPROVAL ( gnatuw� e1 � � �.�. By: si006 Engin,0/7*'g Si;rvics Division' (print name&tide) Lynn Jolim,Asst.Secretary FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures must conform with the designated representative groups pursuant to Corporations CodeS313.) I PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called and the above-named Developer,mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improVements 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). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings 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 Developer shall provide as security to the County: A. For Performance and Guarantee: $__ 4,100.00 cash,plus additional security,in the amount of$ 406,900.00 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 cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer 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$ 205,500.00 which is fifty percent(501/o)of the estimated cost of the work. Such security is presented in the form of Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer, the amount of the securities may be reduced in accordance with S94-4-406 and S94-4.408 of the Ordinance Code. -- CONTRA COSTA Co Recorder Office STEPHEN L, WEIR Clerk=Recorder Recorded at the request of: DOC— 200 —0597`798-00 Contra Costa County Wednesday, DEC 10, 2003 11:49:20 Board of Supervisors FRE $0.00 Return to: Tt 1 Pd $610 Nbr=6661698264 Public Works Department 1 r C l R 9/1-1 Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 9, 200330 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAUINIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO, 2003/ 744 SUBJECT: Accepting completion of improvements and declaring the widening of Saranap Avenue as a county road,Development Permit 3037-99,Walnut Creek area.(District 11) The Public Works Director having notified this Board that the improvements for Development Permit 3037-99, being developed by Price Self Storage Holdings, LLC, have been completed and that such improvements have been constructed without the need for a Road Improvement Agreement; NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of December 9, 2003 and the beginning of the warranty period is established. BE IT FURTHER RESOLVED that the widening of Saranap Avenue is ACCEPTED and DECLARED to be a County road;the right-of-way was conveyed by separate instrument,recorded on September 11, 2002, in Series No. DOC-2002-0322711-00. JD:rm G:\GrpData\EngSvc\BO\2003\12-09-03\DP 3037-99 BO-45.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Rich Lierly(313-2348) action taken and entered on the minutes of the Board of Recording to be completed by COB cc: Public Works -Accounting. g Supervisors on the dates own. -T.Bell,Construction Div. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. ATTESTED: DECEMBER 09, 2003 -1.Bergeron,Mapping Div. JOHN SWEETEN, Clerk of the Board of Supervisors and -T.—August 5,2004 Sheriff-Patrol Div.Commander County Administrator CHP,c%Al CSAA—Cartog Price Self Storage 1126 Saranap Avenue Walnut Creek,CA 94595 By ,Deputy Price Self Storage 11828 Rancho Bernado Road,#210 San Diego,CA 92128 744 RESOLUTION N0.2003/ 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)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. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. 5. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. 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 Developer shall make whatever changes are necessary to accomplish the work as promised. 6. 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 Developer 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. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities 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 Developer,contractor,,subcontractor or any officer,agent or employee of one or more of them. D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity. 8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERFORMANCE AND COSTS. If Developer 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 Developer 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. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently proceeds to complete the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights. RL:kw \\PWS4\SHARDATA\GrpData\EngSvc\Fortns\AG WORD\AG-I 7.doc Rev.April 6,2000 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)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. Developer agrees to correct,,repair,or replace,at his expense,any defects in said work. 5. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish.the work as promised in Section 2 and as required by the Conditions of Approval for the development. 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,Developer shall make whatever changes are necessary to accomplish the work as promised. 6. 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 Developer 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. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities 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 Developer,contractor,,subcontractor or any officer,agent or employee of one or more of them. D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity. 8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERFORMANCE AND COSTS. If Developer 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 Developer 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. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently proceeds to complete the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights. RL:kw \\PWS4\SHARDATA\GrpData\EngSvc\Forms\AG WORMAG-17.doc Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On C:�Tb- o WJ before me, AL• ki Y v&j e Date Name and Title of Officer(e.g.,"Jane D4,Notary Public") personally appeared L-- (m Name(s)of Signer(s) 'personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -4s/are KAREN L. KEENAN subscribed to the within instrument and Commission# 1378827 acknowledged to me that tae/they executed Q °�. Notary Public - California D the same in r/their authorized Z r ' °' Contra Costa County y capacity(ies), and that by AROj4w/their My Comm.Expires Oct 7,2006 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES$n. hand Fan icial Oual. � r Signature of MIJ Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: -•- OF SIGNER ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402 0 Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER: -f RECEIVED FROM , . ORGANIZATION NUMBER, *0 D404o, (k. ..:.t L I �J,t)k K'S (For Cash Collection Procedures see County Adr»inistrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASKOPTION ACTIVITY AMOUNT ACCT. .,j ` J d6 I all fill 11 1 If /J.11 Kr- (z 11L) pri 61 -" q 14_1�i 11 I I L I I I I I I t I I t I 1 1 or— r ..., 775Yi ... 1 I q .. f \ ,5 1f�+ �Li�� ,CV M/4,1)'*� 4+/ (' j" [ 1 _ 2 ,� r KI 1 elf .,rte ' 1 91 /V r• 1 I I I L I I I Yz) ..,> EXPLANATION: TOTAL $ --- �' �'. DEPOSITS { z ► 1t Deposit consists-of the following it(17f Q21- r0c/ COIN and CURRENCY $ CHECKS,M.O.,ETC. •$ , • / zi f s 3t BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY _f j - ;'4 i,r DEPOSIT PERMIT DP NUMBERr e.D,4 1 2 a4 .. 41W 2gz3c) 10 r�. DATE i ., ASSIGNED The amount of money described above is for Treasurer's receipt of 1a4ove amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. Si , ``-� ', Date / _ iL.l� . _ 9 _ —~' Signed: Title. `� `` t_. ,, EXT. ,� Deputy County Auditor Deputy County Treasurer D-34 REV.(7- 37 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLEF MARTINEZ,CALIFORNIA TO THE.TREASURER: RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. 9t, 14J1 i f o(vq, j;4 TIP 1-5&L�ro A._76 6 k IRIg of ern i I&ql -jo� �5 i kni 7-24va ex r i r i i EXPLANATION: TOTAL $ i DEPOSIT Deposit consists of the following items COIN*and CURRENCY $ . CHECKS,M.O.,ETC. $ ...BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT ' ' NUMBER DP DATE ASSIGNED / � The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby .dqposit into the Cou Treasury. acknowledged. Ssigne Signed; Signed. .T ' `. / �.` VEXT.rye. . Deputy County Auditor . asurerPutt CountYe D-34 REV.(7-93) rf' ;` (-, f j' COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA r TO THE TREASURER: RECEIVED FROM ORGANIZATION NUMBER tl IJ (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. Ool^ ?A_ I I I I I I I I I I I I I I I 14TL I i Ail f t -1 1 1—t I I I I I I 1 11 1 1 1 1 1 1 1 1 —A I L-1 I t 1 4--t I I I I --A I I — I I t I I I I I I I I L A I I I I I t I I I I I L I I L I I I I I L I I I I I I I I I I I i . I f f I I I f I I I I I f I f f EXPLANATION: TOTAL $ I DEPOSIT I Deposit consists of the following items COIN.andCURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY ` DEPOSIT PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for Treasurer' ipt of above am nt is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. Sick; to ' Signed, Sued. Title: '` V EXT. 3- 23 Deputy County Auditor Deputy County Treasurer t ; D-34 REV.(7-43) 819800-0800: G11215841 $4,100.001 UG 0021, Performance Cash Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, Son Ramon, CA 819800-0800: G11215941 $1,388.001 MS 05-01, Cash Bond, Chetcuti Associates, Inc. 1204 Alpine Road, Suite 3, Walnut Creek, CA 94596 0649-9665 831000: G11215661 $750.00, M505-01, COD Cost Overrun, Chetcuti & Associates, Inc. 1204 Alpine Road, Suite 3, Walnut Creek, CA 94596 0649-9665 / 831000: G11215671 $1,124.00, M505-01, Improvement Plan Review, Chetcuti & Associates, Inc. 1204 Alpine Road, Suite 3, Walnut Creek, CA 94596 0649-9665 831000: G1121568f $9,745.000, M505-01, Inspection Fee, Chetcuti & Associates, Inc. 1204 Alpine Road, Suite 3, Walnut Creek, CA 94596 0649-9665 / 831000: 61121574, $1,500.00, Sub 8016, Inspection Deposit, Summerhill Construction.(Stone Valley), 777 California Avenue, Palo Alto, CA 94304 0649-9665 / 831000: 611215741 $1,000.00, RA1101, Inspection Deposit, Summerhill Construction (Stone Valley), 777 California Avenue, Palo Alto, CA 94304 0649-9665 / 831000: G11215751 $500.00, R52832, Sury Job# 0307, David do Devon Jero,1186 Danville Blvd. Alamo, CA 94507-2141 0649-9665 / 831000: 61121576,, $500.00, R52833, Sury Job# 0305, Chauncey Edwin & Marilyn Fleetwood, 290 Marshall Dr., Walnut Creek, CA 94598 0649-9665 831000: 61121577, $500.00, R52834, Sury Job# 030424, Camino Investment Corp, PO Box 100, Danville, CA 94526 0649-9665 / 831000'. G11215871 $22,000.00, DG 0021, Drainage Acceptance Inspection (civil) Deposit, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121593, $2,700.00, MS 30098 Inspection Deposit, Trademark Homes Ltd. PO Box 788, Danville, CA 94526 Executed in Duplicate Development No. DA 00')1 Cross-Ref SUB 8509) bond: 0871 9219 Premium: $2,848.00 IMPROVEMENT SECURITY BOND FOR DRAfNAGE IMPROVEMENT AGREEMENT (faithful performance& rnainwnance, AND labor and materials) OBLIGATION: Windermere SLC Land Comnany.,L.L.C. W_WW - 4100- as P'iirx:ipal,and Fidelity and Deposit Company of Maryland a corporation organized and existing under the laws of the State of Maryland and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally bind 1W ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance,& Maintenance.,, Four Hundred Six Thousand Mine Hundred and 001100 Dollars (S 406,900.00 _ _) for itself or any ciTy-assignee under the below-cited Drainage Improvement Agreement, plus IV B. Labor& Materials'. Two Hundred Five Thousand Five Hundred and 00/100 DoOms ($ 20,5,500 000 for the benefit of persons protected under Title IS § et seq. of the California Civil Code. 13 RECITAL OF CONTRACT; The principal conmcwd with the Counvy to install and pay for drainage and other improvements in (SUB 85091 DA 00)1 , as specified in the Drainage Improvements Agreement,and to complete said work within the time specified in the Drainage Improvement Agreement for completion, all in accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for SU3 8509% Windemere Phase IV 0 3. COND111ON: If the principal faidifWly performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the Co=ry,then this obligation as to Section I-(A) above shall become null and void, except duit the grantee of maintenance continues for the one-year period; and if principal fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and 'improvement,and protects the premises from claims of such liens,then this obligation as to Section I-(B)above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications 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 m4ke such alterations without further notice io or consent by SureTy-, and the Surety hereby waives the provision of California Civil Code § 2819, and holds it-self bound withow regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond, Surety will pay reasonable attorney fccN fixud by court to be taxed as costs and included in the judgement. 3. CON JOIT10149 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 sum to and abide by,and well and truly keep and perform the covenants,conditions and provisions in The said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa for city assignee),its officers,agenis and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As pan of the obligation secured hereby and in on to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. sly The condition of this obligation as to Section 2(B) above is such that said Principal and the undersigned as corporate surety ve hold fu=ly bound unto the County of Contra Costa and all contractors, subcontractors,laborers,material men and other persons employed in the performance of The aforesaid agreement and referred to in the aforesaid Civil Code for maierials 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 assignee)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,compalues 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 them 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 remain in full force and effect. ce 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 V hereby given to make such alteration without further no4ce to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AN SE on September 10, 2003 W1 BL 7TN'D 'CaliforniaAL By: LeCnnar H 0 a i , Inc. SURETY. IDELITY AND DEPOS.I.,T COMPANY PRINCIF -10 "o IDE1 rt S MARYLANV By --�7-/ By LaVrence H. -Thdmf son, Vi President 7a tZr i c i aa H- rehner, Attorney-i-n-Fact Address-2480-0 clarisant-a 11-riuff Address.225 S. Lake Avenue, Suite 700 Mission Viejo, CA 9o,2691 Pasadena, CA 91101 MW 0 NGrp0vU%Sv1,-.'*v-AF0MMN WOW\BN-10 d0v RCIV sopkwow 9,"Q3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On September 11, 2003 before me, Gordon J. Peterson, personally appeared Lawrence H. Thompson, personally known to me to be the person whose name is 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. GORDON J.PETERSON Commission#1335380 Witness m and and official seal. .. _ Z Z �.,,®, Notary Public California z> Z Orange County i My Comm.Expires Doc 17,2005 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 Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 0871 9219 Number of Pages: Two 2 Date of Document: September 10, 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ',40WLEDGMENT No.5907 State of California County of Orange On Sep tember 10, 2003 before me, Leigh McDonough,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner NAME(S)OF SIGNER(S) personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their ,M&- an, left, Am, Aal signature(s)on the instrument the person(s), or the entity upon LEIGH MCDONOUGH behalf of which the person(s) acted, executed the instrument. Commission#1328674 Califomia Notary Public Orange County My Comm.E-spires i ms Nov 6,2 W)O5j WITNESS rnThand and official seal. W RUP-W OW_w SIGNATURE OF NOTARYO 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 F1 INDIVIDUAL F] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) F] PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT [] TRUSTEE(S) R GUARDIAN/CONSERVATOR NUMBER OF PAGES F1 OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Rernmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 I Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and T.E.SMITH,Assistant Secretary,in pursuance of authority granted by Article V1,Section 2,of the By-Laws of said Company.,.w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof.d s nate,constitute and appoint Patricia H.BREMER,of Irvine,California, its true and law d e to make,execute, seal and deliver,for,and on its behalf as surety,and as its act a p takings and the execution of such bonds or undertakings in pursuan S on said Company,as fully and amply,to all intents and purposes,as if th xec ged by the regularly elected officers of the Company at its office in Ba re h ir r This power of attorney revokes that issued on behalf of Patricia H Se e The said Assistant at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- any,and is now in force. IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 4th day of February, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: T E. Smith Assistant Secretary Paul C Rogers Vice President State of Maryland SS: City of Baltimore I On this 4th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, 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 affixed 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. Pu" Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025M 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 I,the undersigned.,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still 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 WBEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 10th —day of September 2003 Assistant Secretary ZURICH TWS IMPORTANT DISC SURE NOTICE-5-PART OF YOUR BOND Fidelity and Deposit Company of Mmiand,Colonial American Casualty and Surety Company,Zurich.American I I nsurance company,and American Guarantee and Liability insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Dis�ure of Terrorism Premium The pr=*um 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. ID --gKovers ze-for—Mig rismLosses i oye of Avaflabffity As required by the Terrori 0 sm Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of tenori&m(as defined in the Act)with terms, amounts,and lu'Whations that do not differ materially as those for losses arising from events other than,acts of terrorism. Disclosure of Federal Share of Insurance Comnrany's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States govey n lient will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a msumce company has paid losses W 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%of direct earned premium in the prior year- for 2004, 10%of direct eased premium in the prior year-7 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 gove=ent participation in terrorism losses that exceed$100 billion in any one calendar ym. Definition of of Terrorism The Terrorism Risk Insurance Act defines"act of tworism"as any act that is certified by the Secretwy of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States. I- to be an act of terrorism; 2. to be a violent act or an act that is dangerous to hum 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 canter (as defined M" section 40102 of title 49,United 17 States Code)or a United States flag vessel (ot 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, U2 the aggregate,do not exceed$51,00%000. These disclosures sire informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich Ame:n'cm Insumnce Company 2003 Recording Requested By: Contra Costa County WHEN RECORDED, RETURN TO PUBLIC WORKS Document Title(s) ACC',-]PTINut" COMPLETION OF IMPROVEMENTS AND DECLARING THE 14ILEEN ING OF SARANAP AVENUE AS A COUNTY ROAD, j DEVELOP14ENT PERMIT ',5 037-99 , ,IAL AUT CREEK AREA. D 4S1-", jCt I CLERKS NOTE- l na r T"Ais ite- acow - "e ith 1-lesolution Q #2001'5'%/7440 Clerk oif -,,-.he Boar6. records reflect Resolution ',, 2003/74 15 ,-- - tt-ched. (See c1ocumient.s C-�, CL 0- CONTRA COSTA Co Recorder Office STEPHEN L. WEIR ClerkwRecorder Recorded at the request of: SOC— 200 —0597798-00 Contra Costa County Wednesday, DEC 10, 2003 11:49:20 Board of Supervisors FRE $0.00 Return to: Tt 1 Pd $Be@@ Nbr=0001898264 Public Works Department p lrclRS/1-1 Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 9, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 743 SUBJECT: Accepting completion of improvements and declaring the widening of Saranap Avenue as a county road,Development Permit 3037-99,Walnut Creek area.(District II) The Public Works Director having notified this Board that the improvements for Development Permit 3037-99, being developed by Price Self Storage Holdings, LLC, have been completed and that such improvements have been constructed without the need for a Road Improvement Agreement; NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of December 9, 2003 and the beginning of the warranty period is established. BE IT FURTHER RESOLVED that the widening of Saranap Avenue is ACCEPTED and DECLARED to be a County road;the right-of-way was conveyed by separate instrument,recorded on September 11, 2002, in Series No. DOC-2002-0322711-00. JD:rm G:\GrpData\EngSvc\BO\2003\12-09-03\DP 3037-99 BO-45.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Rich Lierly(313-2348) action taken and entered on the minutes of the Board of Recording to be completed by COB cc: Public Works -Accounting Supervisors on the date shown. -T.Bell,Construction Div. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. ATTESTED: DECEMBER 09, 2003 -1.Bergeron,Mapping Div. JOHN SWEETEN Clerk of the Board of Supervisors and -T.—August 5,2004 P Sheriff-Patrol Div.Commander County Administrator CHP,c/o Al CSAA—Cartog Price Self Storage 1126 Saranap Avenue Walnut Creek,CA 94595 By , Deputy Price Self Storage 11828 Rancho Bernado Road,#210 San Diego,CA 92128 RESOLUTION N0.2003/ 743 , Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 9,2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 743 SUBJECT: Approving Deferred Improvement Agreement along Parr Boulevard for DP 3068-01, (APN 408-190-033.7 034),North Richmond area. (District 1) The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with The Overaa Family Limited Partnership,as required by the Conditions of Approval for DP 3068-01. This agreement would permit the deferment of construction of permanent improvements along Parr Boulevard which is located in the North Richmond area. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. G:1GrpData\EngSvc\]B0\2003112-09-03\DP 3068-01 BO-12.doc I hereby certify that this is a true and correct copy of an action LS:rm taken and entered on the minutes of the Board of Supervisors • Originator: Public Works(ES) on the date shown Contact: Rich Lierly(313-2363) Recording to be completed by COB ATTESTED: cc: Current Planning,Community Development JOHN SWEETEN,C-1erk orthe Boar of Supervisors and County Administrator By DECEMBER 09.,,-- .2003 Deputy RESOLUTION NO.2003/ 743 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 heremi by the Board of Supervisors. Owner shall cause plans and specifications for the improvements to be prepared by competent persons leg*y-quWMed to do the work and shall submit said improvement plans and specifications for approval prior to commencement of the work described in the notice:p0d-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 conunence 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 attorneys fees,costs and other expenses shall also become a lien on the property described in Exhibit"A". If the property described in Exhibit"A"is subdivided at the time said liens are imposed,the amount of said liens shall be divided proportionately among the various parcels. Permission to enter onto the property of Owner is granted to County or its contractor as may be necessary to construct the improvements covered by this agreement. 6. JOINT COOPERATIVE PLAN. Upon notice by County,Owner agrees to cooperate with other property owners,the County,and other public agencies to provide the improvements set forth herein under ajoint 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 comrnence installation ofimprovernents, 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,ifs 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 ofthem, or arising in any way from work called for by this agreement,on any part of the premises, including those matters arising out of the deferment of permanent drainage facilities or the adequacy,safety,use or non-use of temporary drainage facilities,or the performance or nonperformance of the work. This provision shall not be deemed to require the Owner to indemnify the County against the liability for damage arising from the sole negligence or willful misconduct of the County or its agents,,servants,or independent contractors who are directly responsible to the County. JH:cw G.-\GrpData\EngSvc\JoTge\2002\August\DP 3068-01 AG-12.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State o 1 41 OPTIONAL SECTION -mew, of . CAPACITY CLAIMED BY SIGNER cc� On before me, I bough statute does not require the Notary to fill In DA �k 14 sit a A4 NAW TIJLB OF OFFICER B.G.,"JANE DOE,NOTARY P the data below,doing so may prove Invaluable to v(P.Jell j0L persons relying on the document. orally appeared NA OF SIGNER(S) 0 INDIVIDUAL personally known to me-OR-D proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) a Lcl— be the person(s)whose name(s)is/are TITLES) subscribed to the within instrument and acknowledged to me that he./she/they executed 0 PARTNER(S) 0 LIMITED the same in bis/her/their authorized 0 GENERAL capacity(ics),and that by his/her/their 0 ATTORNEY-IN-FACT KVRLY ANN SMr�i signature(s)on the instrument the person(s)or 0 TRUSTEE(S) coffwrdssk)n#1279369 Z the entity upon behalf of whi theperson(s) 0 GUARDIAN/CONSERVATOR N0kXy MAC-Cartftffria d e ed the instru 0 OTHER: !-6*dm caft cotxty, , 0 s nd and WCWM 005*=4 SIGNER IS REPRESENTING: I NAME OF PERSON(S)OR ENTITY(EES)) -Imp, 1WW 1% OF 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. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed B the signature. The name must be signed exactly as it is typed or printed. 111. 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 - Si party must be either a general partner or be authorized in writing to have the authority to sign for and in the partners1ii.p. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. Ha The Chair of the Board The President c c Any Vice-President GROUP 2. a The Secretary An Assistant Secretary The Chief Financial Officer cI 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 15iorectors. JC-MW \\PWS4\SHARDATA\GrpData\ErigSvc\Fomis\WORD FORMS\ALL PURPOSE NOTARY-dkx 11 low, DP 3068-01 Deferred Improvement Agreement ENHI]BIT "All 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 Gerald D. Overaa and Gail L. Overaa.,his wife., as joint tenants to Overaa Family Limited Partnership,recorded and on file at the County Recorder's Office as follows: Date: January 14, 1997 Document Number: 97-6589 JH:cw G.-NGTpData\EngSvc\Jorge\20021August\DP 3068-01 EY..MIT-A.doc DP 3068-01 Deferred Improvement Agreement EXHIBIT "B" IMPROVEMENTS Improvements required by Contra Costa County Community Development Department and the County Ordinance Code as a condition of approval for the above-referenced development are located along Parr Boulevard for Parcels described in Exhibit"A": 1 Approximately 640 linear feet of curb,face of curb located 10 feet from the ultimate right of way line. 2. Approximately 640 linear feet of 6-foot 6-inch sidewalk,width measured from curb face,built monolithic with the curb. 3. Approximately 340 square feet of concrete walkway,from the 6-foot 6-inch sidewalk to the entry plaza,as shown on sheet SAO I (see site plan Note#26)on the approved site plan received by the Community Development Department on October 16, 2001. At minimum, the walkway shall meet all ADA requirements. 4. Approximately 12,800 square feet of street paving to pave between the existing pavement and the lip of gutter. 5. Necessary longitudinal and transverse drainage. 6. Necessary street lights. The final number and location of the lights will be determined by the County Public Works Department.. 7. Temporary conforms for paving and drainage as may be necessary at the time of construction. 80 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 M* Item 4B of the agreement or when either of the following occurs: 1. Parr Boulevard is constructed to its ultimate planned width by the County or by an assessment district. 2. Frontage improvements are constructed adjacent to the subject property. It is the intent at this time that the"pro rata basis"of costs,as specified in Item 4B of the agreement,shall mean that each owner shall pay the costs based on the amount of frontage their respective parcels have along Parr Boulevard. JH:cw G:\GrpData\EngSvc\Joirgc\2002\August\DP 3068-01 EXHMIT-B.doc