HomeMy WebLinkAboutMINUTES - 12162008 - C.20 Y
E "` Contra
TO: BOARD OF SUPERVISORS ��'=- �' �.
FROM: JULIA R. BUEREN, PUBLIC WORKS DCosta
DATE: December 16, 2008 County
s�A-couri
SUBJECT: Approving the Acquisition of Off-site Right of Way Agreement with Habitat for Humanity East
Bay for Subdivision 07-09189, Bay Point area. (District V)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/, approving the Acquisition of Off-site Right of Way Agreement with'
Habitat for Humanity East Bay for Subdivision 07=09189, as recommended by the Public Works Director, Bay
Point area. (District V)
FISCAL IMPACT:
No impact to the General Fund. The developer will pay all costs and expenses of acquiring the Right of Way.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The property rights are required for road improvements for a 50 foot right of way for Inglewood Street, which
must be constructed per conditions of approval for Subdivision 07-09189.
CONSEQUENCES OF NEGATIVE ACTION:
The project will not have sufficient land rights for the required road improvements.
Continued on Attachment: SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
ECOMMENDATION OF BOARD COMMITTEE
APPROVE —OTHER
SIGNATURE 8 :
ACTION OF BOARD ON APPROVED AS RifCOMMENDED OTHER
voTFj/UF SUPERVISORS I hereby certify that this is a true and correct
UNANNAOUS(ABSENT o�'!v) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
BB:jc ABSENT: ABSTAIN: date Shown.
12-16\SD07-09189-BO
off-site ROW Acquisition Agreement.docx
Originator. Public Works(ES)
Contact: Jocelyn LaRocyuc(313-313-2315) ATTESTED:
Recording to be completed by Clerk of the Board DAVID TWA, Clerk of the Board of "
cc: Public Works-K.Laws,Real Property '
- M.Toms,Community Development Supervisors and County Administrator
Habitat for Humanity East Bay
Attn: Hector P Burgos,Jr.
2619 Broadway
Oakland,CA 94612 By Deputy
111111111 ilii 111111111
CONTRA COSTA Co Recorder Office
Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder
Contra Costa County DOC— 2008-0271094-00
Board of Supervisors Thursday, DEC 18, 2008 13:22:14
Return to: FRE $0.00
Public Works Department
,engineering services Division Tt 1 Pd $0.00 Nbr-0004282764
Irc/RS/1-23
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 16, 2008 by the following vote:
AYES: Gioia, Uilkema, Piepho, Bonilla,
and Glover
NOES: None
ABSENT: None
ABSTAIN: None
_------ —--- - --- -- RESOLUTION NO. 2008/ 9��z
SUBJECT: Approving the Acquisition of Off-site Right of Way Agreement with Habitat for
Humanity East Bay for Subdivision 07-09189, as recommended by the Public
Works Director, Bay Point area. (District V)
An acquisition of Off-site Right of Way Agreement for Subdivision 07-09189, with
Habitat for Humanity East Bay, subdivider, whereby said subdivider agrees to pay all costs and
expenses involved in acquiring Off-site Right of Way for construction of the off-site
improvements required by the conditions of approval for Subdivision 07-09189.
Said Acquisition of Off-site Right of Way Agreement was accompanied by:
BB:jc
12-16\SD07-09189-BO
off-site ROW Acquisition Agreement.docx
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of
Contact: Jocelyn LaRocque(313-313-2315) an action taken and entered on the minutes of the
Recording to be completed by Clerk of the Board
cc: Public Works-K.Laws,Real Property Board of Supervisors on the date shown.
- M.Toms,Community Development /
Habitat for Humanity East Bay /1�
Attu:Hector P Burgos,Jr. ATTESTED' +M
2619 Broadway DAVID TWA, Clerk of the Board of Supervisors and
Oakland,CA 94612
County Administrator
By Deputy
RESOLUTION NO.2008/
SUBJECT: Approving the Acquisition of Off-site Right of Way Agreement with Habitat for
Humanity East Bay for Subdivision 07-09189, as recommended by the Public
Works Director, Bay Point area. (District V)
DATE: December 16, 2008
PAGE: 2
Security to guarantee payment of costs and expenses to acquire land rights necessary for
the construction of off-site improvements required by Title 9 of the County ordinance code and
the conditions of approval for Subdivision 07-09189, as follows:
1. A cash deposit (Auditor's Deposit Permit No. DP 514101, dated November 26, 2008)
in the amount $15,000.00, paid by Habitat for Humanity East Bay.
2. Additional security in the form of a Security Bond, dated November 11, 2008, and
issued by Travelers Casualty and Surety Company of America, (Security Bond No.
105187844) with Habitat for Humanity East Bay, as principal, in the amount
$25,000.00.
BE IT FURTHER RESOLVED that said acquisition of Off-site Right of Way Agreement
is APPROVED.
AGREEMENT
(Acquisition of Off-Site Right-of-Way)
1. PARTIES. Effective on , th County of Contra
Costa,referred to as the"County," and referred to as the
"Subdivider," agree as follows:
2. PURPOSE;The Subdivider is subdividing certaiia real property located within the
County designated as SA•Oeb/ -)C49411-t! / /,QPand,as a condition ofapproval
of such subdivision,is fequired to construct o install certain offsite improvements consisting of:
dJ 4f/t'•'-cam- �7/��f�7�
e
The construction or installation of the off-site improvements requires the acquisition of title
to, or an interest in, certain land (referred to as the "Right-of-Way") located within the
unincorporated area of the County,in which land neither the Subdivider nor the County presently has
sufficient title or interest to permit the improvements to be made.The purpose of this Agreement is
to provide for acquisition of the_Right-of-Way and for payment by the Subdivider of all costs of
acquiring the Right-of-Way. This Agreement fulfills the County's obligations under California
Government Code Section 66462.5 (a)and(c).
3. ACQUISITION OF RIGHT-OF-WAY.The County agrees,under the terms of this
agreement, to consider the institution of condemnation proceedings to acquire the Right-of-Way,so
as to enable the construction or installation of the off:site:improvements described in Section 2,
above,and in the conditions of approval for the Subdivider's subdivision. Should the County elect to
institute condemnation proceedings, the County shall determine, in its sole discretion, whether to
acquire the Right-of-Way in fee, by easement or otherwise, and whether to acquire title by deed,
offer of dedication or other document.Title to the Right-of-Way shall be acquired in the name ofthe
County or such other public entity as the County shall determine. The Right-of-Way is generally
described or depicted in Exhibit"A"attached to and made a part of this Agreement.
4. PAYMENT OF ACQUISITION AND OTHER COSTS_ At the time of executi".g
this Agreement, the Subdivider shall pay all costs and expenses of acquiring the Right-of-Way,
including but not limited to:
A. DEPOSIT OF PRELIMINARY COSTS AND EXPENSES. At the time
of executing t is Agreement,the Subdivider shall deposit with the County the
sum of$ in cash, certified check or cashier's check, which sum
shall cover a estimated costs and expenses described in Sections 4A,6 and
1
7.
These costs include,but are not limited to:County staff costs;attorney's fees,
appraisal fees and other litigation expenses incurred by the County;the cost
of preparing environmental documents and of performing environmental
review necessary to comply with the provision of the California
Environmental Quality Act ("CEQA"), including any supplemental
documentation or review needed to meet CEQA requirements after this
agreement has been signed;the cost of negotiation,relocation assistance or
other services performed by the County.
If, at any time, the deposit just described is exhausted, or is insufficient to
cover costs or expenses incurred by the County, the Public Works
Department shall notify the Subdivider in writing. Within 15 days ofthe date
of such notice, the Subdivider shall deposit with the County the additional
sum specified in the notice.
Anyportion of the deposit(s)madebythe Subdividerthat is not used to cover
costs or expenses incurred by the Countyshall be refunded to the Subdivider.
B. DEPOSIT OF PROBABLE COMPENSATION. Subdivider shall obtain
a County approved appraisal of the Right-of-Way. The Subdivider shall,at
the time of executing this Agreement, deposit with the County, in cash,
certified check or cashier's check,the sum shown in the appraisal,which sum
shall be used to obtain immediate possession of the Right-of-Way pursuant to
Code of Civil Procedure Section 1255.010.
The appraisal may include, but is not necessarily limited to: the deposit
necessary to obtain immediate possession of the Right-of-Way; relocation
benefits,if any; compensation for loss of goodwill, if any.
Subdivider may make written application to the County for a County Warrant
in the amount of the deposit of probable compensation made out to the
Superior Court or the State Treasurer for use as the deposit required pursuant
Code Civil Procedure Section 1255.010. In the alternative, the Subdivider
may make the Code of Civil Procedure Section 1255.010 deposit from other
sources and upon proof thereof, request return of the amount of probable
compensation from the County.
If an increase of deposit is ordered by the court pursuant to Code of Civil
Procedure Section 1255.030,the Subdivider shall deposit the amount of the
increased deposit with the court,within 5 days of receipt of the court's order
to increase the deposit.
Any portion of the deposit(s)made by the Subdivider that is not used to cover
2
costs or expenses incurred by the County shall be refunded to the Subdivider.
C. SECURITY FOR SUBDIVIDER'S OBLIGATIONS. At the time of
executing this Agreement, the Subdivider shall, in addition to the deposits
described in Sections A and.B,submit to the County a co orate Wybond
or other County approved security in the sum of S, — �_,
which sum shall cover the estimated costs and expenses to be by the
County between the time immediate possession of the Right-of-Way is
obtained and the time the eminent domain proceeding is finally concluded,as
well as any potential additional compensation;benefits and attorney's fees
that may be awarded to the owner (s) of the Right-of-Way in the eminent
domain proceeding.The security submitted by the Subdivider shall be in a
form acceptable to the County Counsel's office, shall list the County as
beneficiary or payee,and shall guarantee the payment and performance of all
obligations of the subdivider under this Agreement. Should the County file
suit to collect the security submitted by the Subdivider, the Subdivider and
the issuer of the security shall pay all costs,attorneys fees,investigation and
expert fees, and other expenses incurred by this section and shall in no way
limit the Subdivider's responsibility for payment of all costs and expenses
described in Sections 4A.,4B., 6 and 7.
The Subdivider's obligation to pay all costs and expenses of acquiring the
Right-of-Way shall exist whether the County elects to institute condemnation
proceedings or not.
5. No later than 10 days after the filing of the final map pursuant to Government Code
Section 66457, the Subdivider shall provide the County with all information the County deems
necessary to obtain a Resolution of Necessity including,but not limited to,the following documents
and information in writing:
a. The name and address of the owner(s)of the property,and any tenants on the property,the legal
description(metes and bounds) and plat maps(drawn to scale)of the property to be condemned.
b. Evidence of compliance with the California Environmental Quality Act
("CEQA") of 1970(Pub.Resources Code Section 21000 et. seq.)
C. A statement of all offers made to obtain the property by negotiation a^d
copies of all correspondence indicating offers and responses, including
evidence of an offer, which satisfies the requirements of Government Code
Section 7267.2.
d. A current title report and County-approved appraisal of the property.
6. LEGAL SERVICES. Upon election by the County to institute condemnation
proceedings,the County Counsel's Office shall have supervision ofthe said condemnation action but
the Subdivider's attorney shall perform all legal services required for said condemnation action,such
3
n
as(a)commencing proceedings pursuant to Title 7(commencing with Section 1230.010)ofPart 3 of
the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to
be made, including proceedings for immediate possession of the property under Article 3
(commencing with Section 1255.410)of Chapter 6 of such title,(b)all required legal appearances,
(c)conducting the tial of said matter,and(d)handling any required post trial proceedings,including
appeals. Any attorney retained by the Subdivider shall be associated as special counsel for the
County,but the County shall not be responsible for payment of the fees or expenses charged by such
attorney.The Subdivider agrees that any attorney retained by the Subdivider shall conduct the legal
proceedings without delay and in such a manner as to acquire the Right-of-Way as soon as
practicable and consistent with the ten-ns set forth in Section 9,Acquisition Time,below,but in no
event shall the eminent domain action be filed later than 10 days after a Resolution ofNecessity has
been adopted by the Board of Supervisors. Title to the property (whether by fee, easement or
otherwise) shall be acquired expeditiously and within a reasonable time after the case is filed. The
Subdivider's attorney shall notify County Counsel in writing of the following events immediately
upon their occurrence:the date eminent domain proceedings are commenced,the date possession of
the property is obtained, and the date title to the property is obtained. Subdivider's attorney shall
provide County with a copy of the judgment and final order or,if a settlement is reached,a dismissal.
Subdivider's attorney shall not enter into a stipulation for judgment without prior written approval
of County Counsel.
Not withstanding the Subdivider's use of a private attorney,the County retains the right,in its
sole discretion,at anytime,to require that the County Counsel's Office resume exclusive handling of
the legal proceedings until the Right-of-Way has been finally acquired,whether through settlement,
judgment or otherwise.
All services rendered by the County Counsel's Office will be charged to the Subdivider at the
attorney's standard hourly rate, Rate One (1). The amount of this rate will be provided to the
Subdivider upon request. Costs of suit,deposition fees,appraisal fees,telephone tolls,mileage,fax
changes, delivery or mailing services and other expenses are additional and will be charged to the
Subdivider at actual cost.
7. OTHER SERVICES.The Countymayperform suchother services as the Coun
its sole discretion,deems necessary for acquisition of the Right-of-Way.These mayinclude,wil
limitation,negotiation and relocation assistance service provided by the Public Works Depart;
(Real Property Division) and environmental review service provided by the Commi
Development Department.Such other services will be charged to the Subdivider at the County.-
burdened
ounty'sburdened salary rate.
8. RECORDS.The County shall maintain accurate records of all services perform(
the County and all costs or expenses incurred by the County.
9. ACQUISITION TIME. Pursuant to Government Code Section 66462.5(c),
document satisfies the County's requirements tinder Section 66462 and 66462.5 and relieves Cc
from the requirement that the County acquire the Right-of-Way by negotiation or comm
condemnation proceedings within 120 days of the filing of the final map for the Subdivi;
4
Subdivider hereby waives any rights to enforce the 120 day timeframe under Section 66462.5.
The final map, or final map relating to the Off-Site Right-of-Way,will be filed on or about
Subdivider agrees to file the eminent domain action no later than 10 days after the Board of
Supervisors has adopted a Resolution of Necessity.
If possession of the off-site Right-of-Way has not been acquired within 60 days of the date
the final map was filed,Subdivider shall notify the Public Work's Department and County Counsel's
office of this fact in writing, no later than 65 days after the final map is filed.
10. HOLD HARMLESS. The Subdivider agrees to defend, indemnify, save and hold
harmless the County,its boards,officers, employees and agents from and against any and all costs,
expenses or liability incurred by the County or the Subdivider in connection with the Subdivider's
acts errors,or omissions pursuant to this Agreement,or otherwise related directly or indirectly to the
acquisition of the Right-of-Way, or the project to be constructed by the Subdivider.
11. SEVERABILITY. Should any provision of this Agreement be held to be invalid or
unenforceable by a court of competent jurisdiction, such holding shall not affect the remaining
provisions of this Agreement.
5
• r
COUNTY SUBDIVIDER
County of Contra Costa
.341 .
ByIh By
Chair,Board of Supervisors
ATTEST: ulen, County A'dmmistrator By
and Clerk of the Board of Supervisors
By
Deputy
RECOMMENDED FOR APPROVAL:
Julia R.Bucren, Public Works Director
By
DRM
H:Bypass Aulborityt Ofrsne Rigid of Way R"ise2
rani Appmrnd by County Coumc)January 2005
6
EXHIBIT "A"
CONTRA COSTA COUNTY
ACQUISITION OF RIGHT-OF-WAY
REAL PROPERTY IN AN UNINCORPORATED AREA OF CONTRA COSTA COUNTY,STATE OF
CALIFORNIA,BEING ALL OF"INGLEWOOD STREET"AS SHOWN ON THE MAP ENTITLED
"AMENDED MAP OF A PORTION OF BELLA VISTA SUBDIVISION",FILED OCTOBER 7, 1946 IN
BOOK 31 OF MAPS AT PAGE 12,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 64 OF SAID MAP(31 M 12);
THENCE FOLLOWING THE BOUNDARY OF SAID"INGLEWOOD STREET"WEST A DISTANCE
OF 260.00 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A
RADIUS OF 15.00 FEET;
THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 90°00'00",AN ARC DISTANCE OF 23.56 FEET TO A POINT ON THE EAST BOUNDARY OF
BELLA VISTA AVENUE;
THENCE ALONG SAID EAST BOUNDARY NORTH A DISTANCE OF 80.00 FEET TO A POINT OF
CUSP WITH A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF
15.00 FEET;
THENCE LEAVING THE EAST BOUNDARY OF BELLA VISTA AVENUE SOUTHERLY AND
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90000'00",AN ARC
DISTANCE OF 23.56 FEET;
THENCE EAST A DISTANCE OF 260.00 FEET;
THENCE SOUTH A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING;
CONTAINING 0.32 ACRES(13847 SQUARE FEET)MORE OR LESS.
EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY
DIRECTION,IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
Rudi Weekel,PLS.
Date: November 25, 2008
U12-
PAGE 1 OF 1
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SCALE IN FEET
SHEET 1 OF 1
DRAWN: RWW UDI-TETRAD CONSULTING ENGINEERS, INC.
CHECKED: RLP 5528 PACHECO BLVD., PACHECO, CA 94553 (925) 674-0218
SURVEY: R _
APPROVED:
EXHIBIT "BA DATES 11/25/08
ACQUISITION OF RIGHT—OF—WAY JOB NO. 903
BYLAWS
OF
HABITAT FOR HUMANITY EAST BAY,INC.
A California Nonprofit Public Benefit Corporation
Amended and Restated as of September 24,2007
ARTICLE I
NAME
1.01 NAME OF THE CORPORATION. The name of this corporation shall be HABITAT
FOR HUMANITY EAST BAY,INC.("HFHEB")
ARTICLE 2
OFFICES OF THE CORPORATION
2.01 Principal Office. The principal office for the transaction of the business of the
corporation("principal executive office") is located in Oakland,California. The Board of
Directors(the"Board")may change the principal office from one location to another.
2.02 Other Offices. The Board may at any time establish branch offices at any place or places
where the corporation is qualified to do business.
ARTICLE 3
AFFILIATION AND RULES OF ORDER
3.01 Affiliation. HFHEB is a nonprofit corporation,an affiliate of HABITAT FOR
HUMANITY INTERNATIONAL,INC. ("HFHI"),headquartered in Americus,Georgia.
All business shall be transacted within the limits outlined in the Domestic Affiliate
Agreement and Affiliate Covenant attached hereto as Appendix 1 by and between HFHI
and HFHEB. `
ARTICLE 4
MISSION AND POLICIES
4.01 Mission. The mission of HFHEB reads as follows: Inspired by God's love,our mission
is to create homeownership opportunities for families with limited incomes by building
sustainable housing and revitalizing neighborhoods.
4.02 Operatine Policies,Purposes and Objectives.
The operating policies and purposes and objectives of HFHEB are:
incurred by a'person seeking indemnification under this Article 8.06(a)and(b)
of these BY LAWS in defending any proceeding covered by those sections shall
be advanced by the corporation before final disposition of the proceeding,on
receipt by the corporation of an undertaking by or on behalf of that person that
the advance will be repaid unless it is ultimately determined that the person is
entitled to be indemnified by the corporation for those expenses.
ARTICLE 9
OPERATING PROCEDURES
9.01 Property Transactions. Where there is a Board resolution authorizing a property or loan
transaction, any officer of the executive committee,including the Executive .
Director/CEO, may sign any agreement(s)for said transaction provided that such
documents are in conformity with the Board resolution.
9.02 Maintenance of Corporate Records The corporation shall keep
(a) adequate and correct books and records of account;
(b) written minutes of the proceedings of its Board and committees of the Board.
9.03 Fiscal Year. The fiscal year of the corporation shall be from July 1 through June 30.
The fiscal year may be changed as necessary to meet operational requirements by
majority vote of the Board.
ARTICLE 10
AUTHORIZATION TO ENTER INTO CONTRACTS
10.01 Officers of the corporation,including the President,Vice President,Treasurer,
Secretary,and the Executive Director/CEO,shall have sole authority to enter into
contractual relationships of a binding nature upon the corporation. The Executive
Director/CEO has the right to delegate this authority to senior staff members.
ARTICLE 11
BOARD COMMITTEES
11.01 Board Committees. The Board committees shall consist of members of the Board
(exclusively with the Executive Committee)and staff as well as non-members,appointed
annually or as needed to perform the duties outlined. The Board committees shall report
to the Board.
11.02 Executive Committee. The Executive Committee shall be composed of the officers of
GOVERNINCI BOARD RESOLUTION
THE GOVERNING BOARD OF
habitat for Humanity East Bay
HEREBY.:-AUTHORIZES JANICE JENSEN. EXECUTIVE DIRECTOR. TO EXECUTE ANY
ASID ,ALL DOCUMENTS SUBMITTED TO THE CALIFORNW DEPARTMENT OF REAL
ESTATE IN ORDER TO OBTAIN :A FINAL WHITE. PUBLIC REPORT.
WHERE.-AS
A. Habitat for Humanity East Bay thereinafter referrcd to as the "Corporation") is a
corporate entity established Linder the laws of California and empowered to build, own,
sell and provide home mortgages;
B. The California Department of Real Estate (hereinafter referred to as the"DRE") is
authorized to issue a final white, public report;
C. The Corporation wishes to obtain from the DRE a final white, public report:
IT IS NOW RESOLVED THAT:
I. The Corporation may submit to the DRE an application and or documents to obtain a
finial white, public report for Bay Point Homes — Inglewood Street and Bella Vista
Avenue in the County of Contra Costa.
?. The Corporation authorizes Janice Jensen, Executive Director. Habitat for Humanity East
a.� Bay to execute in the name of the Corporation, the final White, public report and other
documents necessary or required by the DRE.
PASSED AND :ADOPTED THIS DA)' OF '0
BY" THE FOLLOWING VOTE:
AYES: _ NAYS:_ U ABSTAIN: .ABSENT:
CERTIFICATION:
OI26;rC natlleli .b k:'t:
.iiC�l. .lilll gel tlt . '.�iaC dle I;fil Ci'ltlV It .I 1L'�I)jtnl('II III 'lie B<'ant !)[
Otrcctors .ullytcd _It a dolt coJiv me-d IncenIlL' on the dl Ite ,11)0% ha" not hcen
,Iltcr�,;r trndc_cE:�z�r�:�caje�l.
State of California
County of Alameda
On before me, a notary public, personally appeared
L cR-- jCnaSY.r.�_ -1 who proved to me on the basis of
satisfact y 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 signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY i e aw f the State of California that
the foregoing is true and correct. MAIEE
COl soon*1410937
Nfty Public-Calitomla
Alameda County
amircoon.E x Ileo Au 24,201
Witness my hand and official seal.
Signature (Seal)
i
COUNTY.OF CONTRA COSTA 5 rS
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER i t
MARTINEZ, CALIFORNIA
TO THE TREASURER: -
RECEIVED FROM
Public Works ORGANIZATION NUMBER. f"} 650
DESCRIPTION FUNWORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
$
Sales Tax 100300 0637 27.88
Sale of Plans & Specs 004500 9931 REV 6AO196 16.00
Sale of Prints 004530 9975 1 6GO085 13.00
Corner Records 000651 9660 6LO88D 70.00
Sale of Copies 000662 9975 6R4043 311.75
SD 7609 Const Insp Over 000651 19660 6L0077 1,500.00
EP 24494 518.1 Permit Fee 61-081E 35.00
Insp fee 6LO82C 100.00
Inv 913733 Sidewalk Giorgerini 000672 9755 6112209 100.00.
Inv N. Richmond Storm Drain 000330 .9895 IBM= 19,582.89
RA 04 01169 BA 27248 000651 x; 6LO85H 1,170.59
MS 07 00017 BA 35558 6L0034 225.23
003520 5B0034 1,876.51 "
VR 08 01002 BA 36365 5B044X 1,396.10
EF 08 00616 BA 37089 000651 6LO83B 413.38
Oak Oct 08 RTDIM 007983 9595 49,898.97
Explanation: TOTAL $
Acctng: G1245003-131245022 DEPOSIT 107,225.77
Deposit.conslsts of the following items
Ad
y^-
Records: G1242558-G1242559 void G1242557 Cow and cURRENcvj $ 31.41
Eng Svcs: G1243754-G1243764 void G1243752 & G1243753 CHECI(S,M.O.,ETC. $ 107,194.36
Invoices: 913733, 913464,913465,913466, 913548,913638,913639,913893, BANK DEPOSITS $
913892, 913891, BA'S 27248,35558, 36365, 37089, 37763, 37425,37025, FOR AUDITOR-CONTROLLER USE ONLY
36692,31597,30388,37507, 37267,37197, 37142, 37456, 37058,36810 DEPOSIT „
PERMIT DP 11�, wf
NUMBER
DATE .ti
ASSIGNED
The amount of money described above Is for - Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged.
;deposit into the County Treasury
t
Signed: Date_/_f x G y r t
Signed:—�.: i. k Signed.
Title: Acct. Clk.Adv EXT. 3.2344 E Deputy county Auditor Depety.COQnty Treasurer' i
D-34 Rev.(7-93)
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
TP 08 00049 BA 37763 003520 9660 REV 5BO51X 354.55
LP 08 02036 :BA 37425 . 5B0026 154.41
MS 08.00008 BA 37025 000651 6L0034 284.93
VR D8 01019 BA 36692 003520 56044X 378.52
EL 07 23308 BA 31597 000651 6LO82D 155.28
MS 05 00028 BA 30388 16L0034 1,096.78
003520 5B0034 971.77
ZI 0812322 BA 37507 SB060C 6.40
LP 08 02029 BA 37267 5B0026 400.00
LP 08 02025 BA 37197 5B0029 . .1,214.82
000651 6L0029 112.62
TP 08 00032 BA 37142 003520 5B051X 363.87
DP 08 03048 BA 37456 5BO49X 58.22
SU 08 00010 BA 37058 5BO27A 569.70
TP 08 00014 BA 36810 5BO51X 2,906.00
Trust Fund 000649 9665 21,460.60
Explanation: TOTAL $
DEPOSIT
Deposit consists of the following Items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS S
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSITf}
PERMIT. DP
` )+
NUMBER ;
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged.
deposit Into the County Treasury
Signed Date
Signed-.----4' Signed:
Title: Acct. Clk.Adv EXT. 3-2344 Deputy County Auditor Deputy county Treasurer
D-34 Rev. (7-93) L
G
0649-9665 / 112300: G1243757, $15.000.00, SD 07 09189 WL=072RP :Land
evelopment Svcs., Habitat For Humanity East Bay, Oakland, CA 94612,
0649-9665 / 112300: 61243759, $500.00, LP 07 02027 Plan Check, McHugh Towing &
Auto 5alavage, 2297 D Arnold Industrial Way, Concord, CA 94521
0649-9665 / 112300: 61243760, $260.60, DP 05 3001, Inspection Deposit, RGM & Assoc,
3230 Monument Way, Concord, CA 94518
0649-9665 / 112300: 61243762, $570.00, Flood Control, Fee for 5ervice. 0800100,
.O'Brien at Pacheco, LLC, 950 Tower Lane, Suite 1250, Foster City, CA 94404
t: Subdivision: G-4 - 0 C6 Cl
Bond No.: 1 051 87844
SECURITY BOND FOR ACQUISITION OF
OFF-SITE RIGHT-OF-WAY AGREEMENT
(Performance,Guarantee, and Payment)
(Calif.Government Code §§ 66499-66499.10)
I. RECITAL OF SUBDIVISION AGREEMENT,The Principal has executed an agreement with the County
to acquire off-site right of way for the construction of drainage improvements for Subdivision 0-1 - t7IT R 01
as specified in the Acquisition of Off-Site Right-of-Way Agreement, and to complete said work within the time specified
for completion in the Acquisition of Off-Site Right-of-Way Agreement, all in accordance with State and local laws and
rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said.Subdivision.
2. OBLIGATION. _ Habitat for Humanity East Bay as Principal,and
Travelers Casualty and Surety Company ,a corporation organized existing under the laws of the State of_
of America Connecticut ,and authorized to transact surety business in California,as Surety,hereby
jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the.County of Contra
Costa,California, to pay it:
A. Performance&Guarantee Twenty—five Thousand Dollars
($}for itself or any city-assignee under the above County Acquisition of Off-Site Right-of-Way Agreement.
3. CONDITION.This obligation is subject to the condition set forth on the reverse side hereof.
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 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 mariner 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-and void;otherwise it shall be and
remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,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.
B. 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 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 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,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 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.
C. No alteration of said Acquisition of Off-Site Right-of-Way Agreement 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
alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of
California Civil Code §§ 2819, and holds itself bound without regard to and independently of any action
against Principal whenever taken.
SIGNED AND SEALED on November 11 , 2008
Habitat for Humanity East Bay Travelers Casualty and Surety
Principal Surety Company of America
2619 Broadway, #205 One Tower Square 3PB
Address Address
Oakland, CA 94612 Hartford, CT 06183
City, and Zip City, State and Zip
By BY.. Boyce C. Bowes
Gam-»W Joyce C. Bowes _
Print Name I Print Name
Attorney-in-Fact
Title Title �)
DIANE BOMAR
��as�3 �t��92612012
(This area for official notary flags.All signatures must be properly notarized in accordance with Civil Code Section 1180.
The names and titles of the people signing the documents must be listed on the notary flag.)
MW
�TWSI`S1lARDATAKG,pDaLL\FrgSvc\Fo=%N WORD`BN-I).dx
Rev,June 21, 1999 ,. -
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
.fI . POWER OF ATTORNEY
T'`R^• `e�/F LE'`(�S" Farmington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney-In Fact No. 220106 Certificate No. t.J O 2 4 5 8 8 31
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and
Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that
the Companies do hereby make,constitute and appoint
Wesley H. Henderson Jr., Ryan O'Neill,Joyce C. Bowes,and Kirk Oakes
of the City of Madison , State of New Jersey ,their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permited`in anyactions or-proceedings allowed by law.
23rd
IN WITNESS WHEREOF,the Companies have caused this instrumentlto be signed.and then corporate seals to be hereto affixed,this
da of June 2008
W
Farmington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty insuranceCompany;^ SL Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
Sl.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
GRSU,t SIWETY t\RF 6 !M ,MS Y\NdU tY NN° Y
2 ZG �f Y
` Ft�'a1ED 1967 � x �! ! PYOF9T'n
�9e=�0 1977 �� — `m zl'`O�_ r1° ruarrano, rumrormt 5
z6Ry. RNA �! 1� P'�OFnE�t`- N�6�[nvcc�° 't5".AM�ay-� 'k1•` ?a" •b a>� 4 � Q''IQrTAtndc-
State of Connecticut By:
City of Hartford ss. Georg Thompson, enior ice President
On this the 23rd day of June 2008 before me personally appeared George W.Thompson,who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as*such,being
authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
C,
In Witness Whereof,I hereunto set my hand and official seal. To
My Commission expires the 30th day of June,2011. A A � # Marie C.Tetreault,Notary Public
58440-5-07 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company.
St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of
America,and United States Fidelity and Guarana`Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President,any Vice President, any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her:and it is
FURTHER RESOLVED,that the Chairman,the President, any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall he valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President, any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate
relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and
undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid'and binding on the
Company in the future with respect to any bond or understanding to which'it is attached.
I,Kori M.Johanson,the undersigned.Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety.C,�ompan;y.of-America,-and United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Power,.of Attomey,executed by�,saiRompanies,which is in full force and effect and has not been
revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said-Companies this 1' day of,
Kori M.Johann Assistant Secretary _
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�` • c� ysri $ s2� - �� .
SELL caxn. $ e ;n 1696
�r�tat.
To verify the authenticity of this Power of Attorney, call I-800-421-3980 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the
above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER