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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-464 TME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY", CALIFORNIA Adopted this Resolution on August 6, 2002 by the following vote: AYES: SUPERVISORS GERBER, UILKEMA, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENTS NONE ABSTAIN: NONE RESOLUTION NO. 2f 02/ 464 SUBJECT: Approval of the Final Map,Subdivision Agreement,Acquisition of Off-Site Right- of-Way Agreement, Off-Site Frontage Improvement Agreement and Drainage Improvement Agreement for Subdivision 6844, in the Lafayette area. (District II) The following documents were presented for Board approval this date: I. Map The Final Map of Subdivision 6844,property located in the Lafayette area,said map having been certified by the proper officials; H. Subdivision Agreement A subdivision agreement with The California Pacific Bank,subdivider,whereby said subdivider agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action n1.RL:laplcw taken and entered on the minutes of the Board of Supervisors on a-1GrpData\EngSvc\BO\200218-06•021Sub 6844 sO.doc the date shown. OrWnator:Public Works(ES) Contact: Rich Liely(313-2349) ATTESTED: AUGUST 13, 20142 cc: PublCurrent works-R. Comm,pity D Construction JOHN SWEETEN,Clerk of the Board of Supervisors and County Cutrent Planning,Comnattilty Development T—6-06-03 Administrator California Pacific Ba& 601 Montgomery street San Francisco,CA 94111 Travelers Casualty and Surety Coopany By ,Deputy of America 380 California Street,#1300 San Francisco,CA 94104 RESOLUTION NO.20 02/ 46,4 SUBJECT: Approval of the Final map and Subdivision Agreement for Subdivision 6844,in the Lafayette area. BATE: August 6, 2042 PAGE: -2- A. Cash Bond Deposit amount: $8,000.00 Deposit made by: California Pacific dank Auditor's Deposit Permit No. and Date: DP 358488; October 31, 2000 B. Surety Bond Bond Company: Travelers Casualty and Surety Company of America Bond Number and Date: 005SB103321539BCM,December 6, 2000 Performance Amount: $793,000.00 Labor&Materials Amount: $400,500.00 Principal: California Pacific Bank IlI. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2000-2001 tax, lien has been paid in full and the 2001-2002 tax lien,which became a lien on the first day of January 2002,is$39,200.00,with security guaranteeing payment of said tax lien as follows: + Tax Surety Bond Company: Travelers Casualty&Surety Company of America Bond Number and Date: 005SB 103321587BCM; January 30, 2002 Amount: $39,200.00 Principal: California Pacific Bank IV. Acquisition of tiff Site light-of-Way Agreement A acquisition ofoff-site right-of-way agreement with the California Pacific Bank,subdivider, whereby said subdivider agrees to compensate the County for all costs associated with acquiring all necessary easements,right-of-ways and/or permits to enter associated with the construction of improvements involving Subdivision 6844. Accompanying said acquisition of off-site right-of-way agreement is security-guaranteeing compensation as follows: RESOLUTION NO. 20021464 SUBJECT: Approval of the Final map and Subdivision Agreement for Subdivision 6844,in the Lafayette area. DATE: August 6, 2002 PAGE: -3- A. Cash Deposit Deposit amount: $15,000 (Section 8) Deposit made by: California Pacific Bank Auditor's Deposit Permit No. and Date: DP 361130,December 27, 2000 Deposit amount: $60,000(Section 9) Deposit made by: California Pacific Bank Auditor's Deposit Permit No. and Date: DP 311014,March 24, 1998 ,DP 361130, December 27, 2000 and DP 3899'75, July 17, 2002. B. Surety Bond Bond Company: Traveler's Casualty and Surety Company of America Bond Number and Date: 005SB103321542BCM,January 5,2001 Performance and Guarantee amount: $60,000.00 Principal: California Pacific Bank V. Off-Site Frontage Improvement Agreement An off-site frontage improvement agreement with California Pacific Bank, subdivider, whereby said subdivider agrees to pay to the County the cost of off-site frontage improvement for Reliez Valley Road to satisfy Condition of Approval 26A.1.b. ($145,322.00). A. Letter of Credit Financial Institution: California Pacific Bank Letter of Credit Number and Date: S-54374,February 20,2001 Amount: $145,322.00 Principal: California Pacific Bank. VI. Off-Site Erosion Control Improvements An off-site flood control improvement agreement with California Pacific Bank,subdivider, whereby said subdivider agree to satisfy Condition of Approval 26F. A. Cash Bond Deposit Amount: $50,000.00 Deposit Made By: California Pacific Bank Auditor's Deposit Dumber and Date: 362473 January 25, 2001 RESOLUTION NO. 2002/464 SUBJECT: Approval of the Final map and Subdivision Agreement for Subdivision 6844,in the Lafayette area. DATE: February 6,2001 PAGE: -4- NOW THEREFORE BE IT RESOLVER that said subdivision,together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans; BE IT FURTHER RESOLVED that said Final Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said subdivision agreement acquisition of off-site right- of-way agreement,off-site frontage improvement agreement and of-site flood control improvement agreement is also APPROVED. RESOLUTION NO. 2002/464 SUBDIVISION AGREEMENT (Government Code 566462 and 566463) , Subdihision: X66844 Subdivider: California Pacific Bank Effect've Date: Sets/ cam` Completion Period: i year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: • CON'€`£tAC()S COC)NTY SUEDIV1DF MauriceShiu, Public Warks Di ec r By: r tst1 (Prim rxmw ttius1 APPROVALMichae Johnson, Executive Vice—President By- gli tSipuwee) ervices Division (ftstwm&dati Pe er Sun, Secretary F�gmm : Victor L Westtnan,County Counsel (MOTE: All signatures to be acknowledged. if Subdivider is incorporated, signatures mutt conform with the designated representative groups pursuant to Corporations Code 5313.) I- PARTIES&DATE Effective on the above date,the County of Contra Costa,Califomia,hereinafter called"dray",and the above-mentioned Su i jdm mutually promise and agree as follows concerning this subdivision: 2. 24EZQ ENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights.lire hydranN landscaping, and such other improvements(including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code fincluding fixture amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as require by the California Subdivision Map act(Government Code 10 and following),in a good workmanlike manner,in accordance with accepted consW.icoion practices and in a manna equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a c+ fiict between the improvertt plans and the County Ordinance Code,the stricter requirements shall govern. 3. 2dMQ3EMENT SECU=. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County Ordin nce Code,provide as security to the County: A. For Performance and Gttarantce: S cash,plus additional security,in the amount of S 793.000. whicF 3ogether total one hundred percent(1000/6)of the est ted cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. _XAcceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and a€ceptance against any defective workmanship or materials or any unsatisfactory performance. & For Pavmcnt: Security in the amount of S 400 v 500which is fifty percent(50%)of the estimated cost of the work. Such:sccurity is presented in the form of: Cash,certified check,or cashiers check x Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor�.>r materials to them or to the Subdivider.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider, the amount securities may be reduced in accordance with 594-4.406 and 594-4.40$of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF W!2RK. Subdivider guarantees that said work shall be free from defects in material or workmanship and sha€€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 )-4.6,'Acceptance,"of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which arc not to be accepted into the County road ;ystem. �. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant estiblishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work dc#>Zrmined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a per,od of one(1)year from and after the Board of Supervisors accepts the work as complete. G. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promises::.in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the work as 'omplete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changesare necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or empluycc 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 vid work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agri -Ment 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 tte terms and conditions hereof. S. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions,officers,agents,and employees. B. The lijbilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of active. defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whetherr not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as comb€rte,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 Agreerm.Tit and attributable to the Subdivider,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 Indemnitee has prepares.:;supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering.any of these.natters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.; 10. SL%UYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors, It. NON-PER_FORItfiANCE AND COSTS:If Subdivider fails to complete the work within the time specified in this Agreement,and subsequent extensites,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay ate costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceed.to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees tri pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to compl,.te the work. 12. INC-ORPOR.ATION;,ANNE\ATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorpor..ted as a city or is annexed to an existing:city,except as provided in this paragraph,the County's rights under this agreement andior any deposit, bond,of.etter of credit securing said rights shall be transferred to the nc%v or annexing city. Such city shall have all the rights of a third party bencficisn against ubdivtder,who shall fulfill all the teriins of this agreement as though Subdivider had contracted with the city originally. The provisions of paragral> 3(Cndemenity);hall continue to apply in favor of the indemnities listed in paragraph SA upon any such incorporation of annexation. 13. RECORD t%IAP. In consideration hereof,Couniv shall allow-Subdivider to file and record the Final Map or Parcel Map for said Subdivision. RL.m tw GtGryt7xa:k::ng5rctF.xrn:1AG WORODU-MU.,hk Rev Dec-SE% :V,10" CALIFORNIA ALL-PURPOSE-ACKNOWLEDGMENT State of County of - On. � _ 44 t� before me,�.. DATE NA E. -E OF OFFICER E.G.,-JANE DOLT.NOT Pt sL C`' personally appeared ch 0'a 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their SUSAN CALVERT signature(s) on the instrument the person(s), COMM. 1147366 WrWPUBIIC-CAI MANIA or the entity upon behalf of which the CONTRA COSTA COUNTY .. My com.EX064 JWY 19,M1 person(s) acted, executed the instrument. WITNESS my hand and official seal. J 4 5 NATURE OF NOTARY ' OPTIONAL hough the data below is not required by law, it may prove valuable to persons relying on the document and could prevent x f'audulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ❑ CORPORATE OFFICER MUM TITLE OR TYPE OF DOCUMENT PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES a TRUSTEE(S) r GUARD"CONSERVATOR r7 -� ... .�..-.. DATE OF SIGNER 18 REPRESENTING: WWW OF PERAON(s)OR ENTRY(IES) SIGNER(S)OTHER THAN NAMED ABOVE Im ails g 0: 9D-11.x:3/94 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 CA JFORN1A ALL.-PURPOSE ACKNOWLEDGMENT State of '� - Qounty of #fin beC c5ZOOO before !fit LleI1/i II. iti(ey. DATE NAME.TITLE OF OFFIC . .M,'J1WE DIX WtAW PUBLIC' ,)ersonally appeared I 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their - - -- E- signature(s) on the instrument the persons), 19•- or the entity upon behalf of which the COMM. 1147356 NOTARY PUP CALIFORNIA CONTRA COSTA COUNTY r person(s) acted, executed the instrument. my Cantu.Expires J iD,2001 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent *audulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT 7rril(s) PARTNER(S) LIMITED GENERAL C ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUA,7r1)IA.-,V;ONSERVAT4R OT HER• f:'ATI`;L,,!. DOC,JA4 `q S90NEt IS REPRESENTING: NAME E OF PERSON(S)OR ENWMIES) SIGNER(S)OTHER THAN NAMED ABOVE Bb-113 ?3/94@ 1993 NATIONAL,NOTARY ASSOCIATION•8236 Rommel Ave.,P.O.Box 7184•Camo Park,CA�t309-7194 COUNTY OF CONTRA COSTA } DEPOSIT PERMIT t OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TRI ,SURER: MARTINEZ,CALIFORNIA RECEIVED FROM Contra Costa .County Public Works ORGANIZATION NUMBER 4500 255 GlIv.-tier Dr. 8 �00 Martinz CA 94553 (For Cash Collection Procedures see County u 7— DESCRIPTION FUNDJORG C,CT TASK OPTION ACTIVITY p Sales Tax 100300 0637 � 4„1 85 Sub 6&4 P4onument Ck 000651 9660 REV 6LO81D 1,.440.100 Sub`6844 Base Map 004529 9931 6JO025 550. 00 Sub,68 4 CDD 003520 9660 5BO60C 1,000.1100 Nov Rppt 007862 9191 5,000.1 00 Enc�oacl 000651 9105 REV. 6LO82E 928. 50 Mc coEh. ,, ., 6L081G 238.; 28 S ' 416 b Prints 9073621907354 004530 9931 6A0026 52a170 .:. Prem H11 000651 9105 6L085C 1,424.100 Sale of Pr'nts 907361 P10512 004530 9931 6A0026 5.1150 CR1 54_CR1857 000651 9660 6L088D 40.100 S ormrain 8100 907334 000330 9895 6W9007 1,114. 78 Krji�At Water 950403 007498 9797 60.1 00 l?rocess Fees004841 9895 8,448.1 32 AU�t P" 819803 0800 8,000.1 00 Aut Fjj 831000 :0:8:0:01: 52,415.1 00 �XPLANATI N: TOTAL $ _A-! t I a DEPOSIT D Eng Svr—.s 1041001-1041005 NO Voids Deposit consists of the following items r COIN and CURRENCY $ Encroac;` nt Invoices: (6L082E) 907326,907009,907328,906896, KS.M(XET $ 80:721.93 BANK DEPOSITS $ Encroeid-iment Invoices: _(6L081G) 907009,907328,906896 FOR AUDITOR-CONTROLLER USE ONLY Prem Bi 11 Invoices: 6L085C 9073721907301190737919073061 PE DEPOSITp NUMB SOCT ' DATE ASSIGNED The amount of tmoney described above is for Treasurers receipt of above amount is approved Receipt of above amount is hereby deposit 0o the County Treasury. oc J Sigma, tiDa� /� 1 - Td A ,ler 3-2344 signed: j XT, DepuiV CoOnfy AAit4r County Treasurer sa a (7_93) Eng S �Jellle (2) Mae-- Peggy LSzzl ,*+� v Trust Fund 831000-0800 Total $52,415.00 G#1041005 $500.00 Record of Survey Map Check Fee Deposit, RS2516, Joan A. Parodi / Mike L. Parodi, 91 Gran Tia, Alamo, CA 94507 G#1039948 $2,000.00 City of Richmond's DR00--21 APN 408-021 & 022 Writing DIA's for Goodrich Ave & Parr Blvd., Robert F. Linscott, Jr., Bruce Linscott, 397 Smith Ranch Road, San Rafael, CA 94903 G#1039949 $7,090.00 MS99-0004 Inspection Deposit, De Nova Domes Inc., 1849 Clayton Rd., Concord, CA 94520- 2513 G#1039950 $39,545.00 Sub 6844 Inspection Fee and $3,280.00 Sub 6844 Improvement Plan Check, California Pacific Bank, 601 Montogmery St., San Francisco, CA 94111 Trust Fund 819800-0800 G#1039950 $8,000.00 Sub 6844 Cash Bond, California Pacific Bank, 601 Montogomery St., San Francisco, CA 94111 Subdivision: 6844 Bone!No.: 005SB1033215399CM Premium: $14',895.00 IMPROVEMENT ftc RITY BOND FOR StTBIII''ViSION AGREEMENT (Perfbnnance,Guarantee,and Payment) (Calif tin Coverhmemt Code 66499- 66499.10) Ir; RzcffALAL or aS1 LJsi.r,?13. aMb irThe Principal has executed an agreement with the County to install and pay for street,drainage,and other improvements in Subdivision 6844 . as specified in the Subdivision Agreement, and to complete: said work within the time specified for eoupletttion in the Subdivision Agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Huai Map or parcel Map for said Subdivision. 2v OBL GATxorr; California Pacific Bank asPrincipal,and Travelers Casual t and Surety Company of Ameri acorporation oT&aniwdexisting under the laws of the State of Connecticut and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, adminiistrators, successors,and assigns to the County of Contra Costa,California to pay it: A. Performance and Guarantee: Seven Hundred Ninety Three Thousand ($793,000.00 for itself or any city assignee udder the above County Subdivision ASrccmcn%phut B. Payment. Pour Hundred Thousand Five Hundred Dollars(8 400,500.00 ) to secure the claims to which reference is made in Titles XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3F e�Nnrz7cctrt: A. The Condition of this obligation as to Section 2.(A)above is such that if the above bonded Principal, or principal's heirs,esxe cutout,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 pmvided, on it 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 mearring, and shall indemnify and save harmless the County of Contra'Costa (or city assignee),its officers,agents and employees,as therein stipulated,them this obligation shall become null and void;otherwise it shall be and remain in full force and ef1`ect. As part of the obligation secured hereby and in addition to the fare 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 judgernent rendered. Bond #: 005SB103321539 18. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subc=tractors,laborers,material mien and other persons employed in the performance of the aforesaid agrecumtt and referred to in the aforesaid Civil Code for materials furnishcad 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 sauce in an amount not exceeding the amount herein above set forth, and also in case shit 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 casts and to be included in the judgement therein rendered. It is hereby expressly stipulated and agrood,that this bond shall inure to the benefit of any and all persona,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Peart 4 of 13ivisiam 3 of the Civil Code,so as to give a right of action to them or their assigns in:any suitbrought upon this bored. Should the condition of this bond be fully performed then this obligation shall become mull and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety Brom liability on this bond; and consent is hereby g'iv=to mate such alteration without further notice to or consent by Surety;and the Surety hereby waives the pro vidons of California Civil Code Section 2819,and holds itselfbound without regard to and independently of any action against Principal whenever taken. D AND SEALUO on DECEMBER:.6, 2000 P h CIp'ALr California Pacific Bank SURETY: Travelers Casual t and Surety— A 601 Montgomery Street Addreas: O_a fornisa Strof eet. junn ..� Cpy. San Fran ` c 94111 City.. San FraDcisco ,�,Zip. 94124 hay; �. Ptj.4t Naurte: Michael If Johnson pmt Name. Ri chard L. Mi l sn r Title. Executive Vice President Title: Attorney-in-Fact wrx WOR&AN.12.4o aw:; r rs.goon CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT tate of Jr10 f i*av-a s - I aunty Cif n ± l�Z6 before me, r DATE AME,TITLE OF OFFICER-E.G.,"JANE DOE,tjARY PUBLIC" 10 personally appeared MCA NAME(S)OF SIGNER(S) personally known to me - OR - C� 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized SUSAN CALVERT capacity(ies), and that by his/her/their .► COMM. C366 �NOTARY .Ic- LMNIA signature(s) on the instrument the person(s), CONTRA COSTA COUNTY -• ,6*4retjwx19,2011 or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and Official seal. AA NATUFIE OF NOTARY OPTIONAL '"dough the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent f-audulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT tRPORATE IVIDUAL OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) CI LIMITED D GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES 4> TRUSTEE(S) �..� C3UARDlAWCONSERVATOR � y (49 oo OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: r P s) E nTv(I ) lC i Its'tt42i� SIGNER(S)OTHER THAN NAMED ABOVE 6D•11" 3/94 X51993 NATIONAL NOTARY ASSOCIATION•8236 Remtnet Ave.,R.O.Bax 7184•Canoga Perk,CA 913[19- 184 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY ANIS CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRA'V'ELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporat"ons duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County;>3f Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these present.,;-:make, constitute and appoint: Glenn E. Gilman,Richard L. Milsner,of Walnut Creek,California,their true and lawful Attorne (s)-in:-Fact,with full power and authority hereby conferred to sign,execute and acknowledge, at any place within the United States,Q�%if the following line be filled in,within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writing>;obligatory in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the 03mpanies,and all the acts of said Attorney(s)-in-Fact,pursuant to the authority herein given, are hereby ratified and confirm- d. This ap pintment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in fid1l force and effect: VOTED:<'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 Ager€s 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. VOTED: 'ihat 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. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vire President or any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant t+=retary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)t y 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 core Company officers pursuant to a written delegation of authority. This Por±'`er of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing;;Resolution voted by the Boards of Directors of TRAVELERS CASUALTY ANIS SURETY COMPANY OF AMZRI(A, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which ResoluticY is now in full force and effect: VOTED: `That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,�ny Assistant Vice President, any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of atorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes oily of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificO"M bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified b�such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (8-97) y IN ',XITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President,and their corporate seals to be hereto affixed this 15th day of May, 2000. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY )SS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD r wKAMM, ! BY CONK George W. Thompson ` a "1 F.► •+ . Senior Vice President Can finis 15th day of May, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly swo'n,did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMDRICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corg>>rations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals ami to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by auttix<arity of his/her office under the Standing Resolutions thereof. ti•fi�� My commission expires June 30, 2001 Notary Public Marie C.Yetreauit CEFTIFIC:ATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TR.9iVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority rear tins in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set fort:;in the Certificate of Authority, are now in force. Siped.and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 6TH day of DECEMBER ,2000. s # Y AHp GA$tl L— : D Wtrfo !932 O By z Caw a �, OON . � ��ti� Kori M. Johanson '`br • ar° ``� . �``; Assistant Secretary, Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Magog a M1 al III oil x :tate of - x;aunty of C)n before ma, \, DATE NAME.TITLE OF OFFICER o E.G.,"SANE DQE,N ARY PUSUC" personally appeared �`�� , NAME{S}OF SINNER{S} personally known to me - OR - El 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 ac- knowledged to me that he/she/they executed SUSAN CALVERT the same in his/her/their authorized CfJMIt. 1147356capacity(ies), and that by his/her/their tOTurrPWOMM 11 COWWOOSTacxY sig natures on the instrument the person(s), �" orthe entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Slt%ATURE OF NOTARY OPTIONAL Ifiough the data below Is not required by law,it may prove valuable to persons relying on the document and could prevent Vaudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ..,INDIVIDUAL CORPORATE OFFICER 1 CV c l TITLE OR TYPE OF DOCUMLINT TITLEM PARTNER(S) 0 LIMITED C7 GENERAL ATTORNEY NUMBER OF PANES TRUSTEE(S) C: GVARDIAN/CONSERVATOR I OTHER: Yl(SCh.. o() DATE OF DOCUMENT 9 GNER IS REPRESENTING: --- WA*OF PERS M O (tES) lh — SIGNER(S)OTHER THAN NAMED ABOVE 6u&,kj too al IF p EID-11Z,3194 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmat Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Tax Collector's Office William J.Poltacek 625 Cow StreetContra County Treasurer-Tax Collector Finance II.bilding,Room 100 P.0.Bis,;631 ((��``��--yyJoseph L.Martinez Martine California 94553- Costa Assistant Tax Collector 0063 (925)641"-4122COI,�C�1 / Joslyn Mitchell (925)604135 FAX '"II Tax Operations Supervisor Date: 711712002 I THIS TRACT IS NOT FILED PRIOR TO THE GATE TAXES ARE OPEN FOR COLLECTION (R&T CODE. 2608) THIS LETTER IS VOID. This will certify that i have examined the map of the proposed subdivirlon entitled: Tract/MS# City T.R.A. 6844 LAFAYETTE 73004 Parcel#: 166-010-015-5 166-010-026-2 166-010-031-2 aiid have determined from the official tax records that there are no unpaid County taxes heretofore lek ied on the property included in the map. The 2001-2002 tax lien has been paid in full. Our estimate of the 2002-2003 tax lien, which became a lien on the first day of January, 2002 is $39,200.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to i,-*culate a segregation is T amount calculated is void 30 days from the date of this letter. Su Adivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax oil or By: t'r��NrzgnF_ ,TITLE COMPANY ,,1i�t1aTY Travelers Casualty and California Pacific Bank -- First American Titleany-o4-America 3100 Oak Road, #320 1355 Willow Way #100 . 350 California St. ._#2020 Walnut Creek, CA 5an .Fa.nc.1 , CA--24104 At encion: Michael Johnson Attention: Sharon Jones Attn: Bill Heal y pRO E: 297-1713 PHONE 925J35b-7025-- -- PHONE 415-273-5215 Bond #: 005SB103321587BCM BOND AGAINST TAXES Premium: $784. KNOW ALL MCN BY THESE PRESENTS: rtaA California Pacific Bank as principal and (surety) rave e 'a a corporation or- ganized and existing under the laws of the State of ' ' and authorized to transact surety business in California as surety are held and firmly bound unto the County of contra Costa, state of California., in tate penal sum of Thirty Nine Thousand. _)ollars (, 39.200.o0-- --•-;-"--- _--.-) , to be paid to sai county of contra Costa, [or the payment of which will and truly be trade, we and each of us bind ourselves, our heirs, executors, administractors and successors, jointly and sevsrailly. firmly by these presents. Seallg�d wit:.li our Seals and dated this 30th - _-day of January 20 0 The conditions of �he above obligation is such that WHEREAS, the above boun0ed principal s about to file a mala entitled Jjaccrr 6644 and covering a subdivision of a tract of land in said County of Contra Costa, and tbertt are certain liens for taxes and special assessrnent.s col- lected as taxes, against the ,said tract of land covered by said mala, which taxes and special assessments collected as taxes, are not as yet clue or payable. NOW, THEREFORE, if the said Principal shall pay all of the taxes and apeoial asse,spments collected as taxes which are a lien against said tract of land covered by said snap, at the time of the filing of said map of said tract, then this obligation shall be void and of no effect, otlzorwi.ee it shall remain in full force and effect. California pacific Hank (Approval Stamp) DATE. � el BOND RE B'XD AND APPROVED Pri ipal CONTRA COSTA 9OUNTY ► is ael R. so JbTi n, ecve xu i BY. V.P. Travelers- Casualty and Surma Company of America Su ty Richard i . Milsne.r, Attorney-in-T=act (Attach Acknowledgement by principal) (Attach Acknowledgement DATE: 47 b — by Surety) . BOND RENEWED AND APPROVED CONTRA C A LINTY TRE OLLECTOR BY: , CAI FORNIIA ALL-PURPOSE ACKNOWLEDGMENT ,hate of county of On c before me, DATE NAME,TITLE OF OFFICER-E.G,"JANE DOE, OTARY PUBLIC* personally appeared �,C t�� � NAMES,OF SIGNER(S) personally known to me - OR - D 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 ac- knowledged to me that he/she/they executed SUSAN CALVERT the same in his/her/their authorized �^ COMM. 1310625 y capacity(ies), and that by his/her/their NOTARYPUBLIC•CAlif{IRNIA iii signature(s) on the instrument the persons), CONTRA COSTA COUNTY .+ My Comm ExpirosMy19,200d] or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official sea]. IGNATURE of NOTARY • OPTIONAL Trough 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 6NDIVIDUAL CORPORATE OFFICER TITLES, TITLE TYPE OF DOCUMENT C PARTNER(S) 0 LIMITED / ?.o.�iCATTORNEY-IN-FACT ❑ GENERAL 1 NUMBER OF PAGES TRUISTEE(s) E] GUARDIAN/CONSERVATOR OTHER. DATE OF DOCUMENT S€aINER IS REPRESENTING: -- -- NAi'A of PE {S)ORE IES, x SIGNER(S)OTHER THAN NAMED ABOVE 8D-1133:1/94 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184=Canoga Park,CA 9130.9-7184 CA IVIRN1A ALL-PURPOSE ACKNOWLEDGMENT f� w State Of r�ounty of £Jn before me, TE NAME,TITLE OF OFFICER-E.G.,"JANE DOSE,NOTAR PUBLIC- I)ersonally appeared oh � , NAME(S)OF SIGNER(S) personally known to me - OR - C l 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 ac- knowledged to me that he/she/they executed -"°--�`�'- the same in his/her/their authorized f SUSAN CALVER ca acit les y C0 M. 13'062' p y(i ), and that b his/her/their r NOFARYILIG•CALIFCtR�11A signature(s) on the instrument the person(s), CONTRA COSTA COUNTY -. My Comm ExplresJuty19,200II� or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Trough the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE o TYPE OF DOCUMENT T,TLE(s} PARTNER(S) ❑ LIMITED / GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES C TRUSTEE(S) C� GUARDIAWCONSERVATOR __°°���'yy�� E,] OTHER: / a,00 DIE E OF DOCUMENT NAisE OF PERSON($Ofl ENTI`iY{IES} SIGNER(S)OTHER THAN NAMED ABOVE Yowl— Sam BD-1133 l94 01993 NATIONAL NOTARY ASSOCIATION+8238 Remmet Ave.,P.O.Box 7184•Canoga Paris,CA 91309-7164 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, co poraJons duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County,.of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presenf>make, constitute and appoint: Glenn E. Gilman,Richard L.Milsner,of Walnut Creek,California,their true and lawful Attorne': (s)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge, at any place within the United States,*,he following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other icings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as frilly and to the same extent as if the same were signed by the duly authorized officers of the Compaiies,and all the acts of said Attorneys)-in-Fact,pursuant to the authority herein given, are hereby ratified and confirmed. This apfaointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in%;till force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second%"ice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Ager£ts 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 ".th the Company's name and seal with the Company's seal bonds,reeognizances,contracts of indemnity,and other writings obligatory in the natun 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. VOTED- 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 writin and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertake g shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President any Senior We 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)'yy 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, nore Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority:of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY ANIS SURETY COMPAQ Y OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPA1Y,which Resolution is now in full force and effect: VOTED That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any `lice President,;}iny Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of W,*Iorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes wily of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certifica"e bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powerso executed and certified b 'such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 stan&nd) IN W..IT NESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASOLLTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed, y their Senior Vice President and their corporate seals to be hereto affixed this 10th day of January 2001. STAT`:;OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY ISS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD W FF6RU, a HARTFORD, 1982 no By— CONN. George W. Thompson Senior Vice President On the 10th day of January, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn;did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMEzICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corpotions described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed..:to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authoi-ty of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2001 NotaryPublic Marie C.Tetreault CERT'IF'ICATE I, the. undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the St<,le of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth i.1 the Certificate of Authority, are now in force. Sign&: and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 30 t h day of &nuary 20 02. �1ffi0!q JPLtY AN8 rASUA, ?�yr uta sG�m �� * -1 H t% 40 HARTFORD, i c7 1982 G �� 1 J r' Ww. COM. S . �, Kori M. Johanson `: �ydi F�dat ��4, • P. Assistant Secretary, Bond COUNTY OF CONTRA COSTA {� DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTNEZ,CALIFORNIA RECEIY FROM . ` ,r':G:/r rti s^�f't" ✓ _" ' ORGANIZATION NUMBE ` o th c ' & Wl {For Cash Collection Pmcaclures rIt i "tratrx': upReti t DESCRIPTION FUNDJORG ACCT TASK PTI 1L `d Mf3i1iHT E ✓ # ej # elf `7. 'rG�/t'` '� etc'•' 7' l� ,'�c '7t . I E lift i E E E i i 1 E # # # C !:nTf)N:„ TOTAL $� Z ” ` DEPOSIT � Deposit consists of the following items COIN and CURRENCY $ '� �'.�' •!"fib ., CHECKS,M.O ETC. $ ,L .'o., v�-- �' G� � "- , aNK DPasrrs $ FOR AUDITOR-CONTROLLER USE ONLY j .r:,T r.4 •' rte cr .�e°S , �. .. i .ca f - _ DEPOSIT PERMIT DP NUMBER j DATE.' c• f ASS " The amount f money described above is for. Treasurer's receipt of above amount is approved. Receipt of above amswnt is hereby nto the County ury. } ack i,r'` ZrOr Title: ��S C;t"r'"' EXT. - _ /' Deputy County Auditor " � )Deputy CavityT -34 RE 17-93} M •� ell ac E ,aROM. t;n 105")r C �'rt C✓ "?.` Cash Pr°` ". xmty AMOOC CTWY SUIL TASK Op tits 4 FUNI D/ORG• ACCT. 1p,041 ILI Y DESCR{P rl,S'�s ��'�' rel . ,; s 31 o. sr o Tt�� 34 pCpLAtJAtflN '�{/ vp;/®�$ . ° �`° "�' Ct31N cmd CURRE S d ro Cti ETC ---- fit , y lrY�'1` .+?- "P• c',t!c Z; f L°'` { }11ERUSEt Y DepoST Dp tee PERW V6 0*4 is for ; .•yam l' y �^. s��a 57�1��✓�"`� 111�'Ci� Til�'�':a ., :` �1 i •? tpv'.� n�F��x,��+.x y''�:. t x r now .. ,� :�`ViT14G Li 1'� .:b."�i•*� 0 - g t'".4 ar,r4.. .�+.k., . ORI41A ' fiO THE TI ASURER: lwZ, R W �f 1. RECEP4D;rROM ! �. :� LSC)✓ ""l9 rY .i'—yrs / rG .�.+K' :ORGA,NIZATIQNNUMB.ER mileCour►ty Adinbftaw.Builetirr toy.) DESCRIPTION IrORSUL ACCT . TASK TION ACTIVITY AMOUNT, '° S gip- �S/ ..5*/'d / � " ,r� ✓`moi /° .;t.i ' } tttt i f 1 1 - } } 1 t 1 1 1 y is } } 1 1 1 1 } } UPLANA'ft N: } NOTAL.,..'. DEPOSIT- caj�of the fcsdavving iterm CON.wW CURRENCY. $ CHECKS.Mo,ETC.. S L04K DEPOSITS; $ - K*AUDITOR-CONTROU.ER USE MY DEPOSIT PERMIT ®�' NUMBER 24, _ . ,DATE ASSI�► 1181� M The arrwunt €rr}oetay desullkred above b for, TIMOPAW':receipt of abawl arrtount r� pay , depo*i3 ft the Courcy TteCSUr�G i" 'M';. bbVe.+�IT101it>t 15 hoe*..- •,� r�:, tj I-34 REV(7-93) f ;s DEPOSIT PERMIT,.... OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER. t RECEIVED:FROM ORGANIZATION NUMBER ­20 z (For Cash CoNeetion Procedures see County Administrator's Bulletin 105,) DESCRIPTION FUNDJORG. SUL ACCT. TASK OPTION ACTIVITY AMOUNT 19V1,0o f; ' ' 100 G DO OW r. 1 1 i i EXPLANATION: TOTAL . $ � ©� Q DEPOSIT , _ Deposit consists of the fallowing f� f COIN and CURRENCY $ 0.0V CHECKS,MSX,ETC. $ BANK DEPOSITS $FOR AUDITOR-CONT LER USE ONLY DEPOSIT J PERMITDP V _ G s I {1 ms`s C NUMBER38 ° 1 /W � DATE / L ASSIGNED The amount of money described above is for t� Treasurer's receipt of above amount is approved Receipt of above amount is hereby d"t 33lto!ha County Treasury. ocknowledged. i > Signed: Signed: Gl . DeputyrC unty Audi ` Deputy County Treasurer -34 REV.(7-93) 819804-0800: 61093474, $350,00, SUB 6644 Cash Bond for Right of Way Acquisition Agreement,California Pacific Bank,601 Montgomery Street, San Francisco,CA 94111 004649-9665 / 831000: 61093461, Hofmann land Development Co., 1380 Galaxy Way, Concord,CA 94524 $43.708.44, SUB 8570 Major Sub Plan Review $12,928.00, SUB 8571 Major Sub Plan Review 000649-9665 / 831000: 61093462, $500.44, RS 2681 Record of Survey Map Check Fee Deposit, MR. FIX-IT Co., 3024 Clayton Road,Concord,CA 94519 000649-9665 / 831000: 61093463, $500.1 7, RS 2682 Record of Survey Map Check Fee Deposit, Bud Laverne Simmons, 3859 roan Avenue, Concord,CA 94521 000649-9665 / 831000: 61093464, 15W. , RS 2683 Record of Survey Map Check Fee Deposit, Thomas W. Thompson, 520 Carrigan Court, Danville,CA 94506 000649-9665 / 831000: 61093465, $500.461, RS 2684 Record of Survey Map Check Fee Deposit, B & R Construction Co., 1647 Willow Pass Rd.#116,Concord,CA 94520 000649-9665 / 831000: 61093466, Hofmann Land Development Co., 1380 Galaxy Way, Concord,CA 94520 $65,588.00, SUB 8572 Major Sub Plan Review $ 3.775.00, SUB 8572 Major Sub Final Map Check 000649-9665 / 831000: 61093467, $1,400.00, FC Permit #621-02 Application Deposit, Standard Pacific of Northern California, 3825 Hopyard Rd., Suite 195, Pleasanton, CA 94588 000649-9665 / 831000: 61093469, $4,350.174, SUB 8153 Landscape Plan Check Fee, Windemere BLC Land Co.,LLC, 3130 Crow Canyon Pl. #310, San Ramon,CA 94583 040649-9665 / 831004: 61093470, 13,506,44, SUB 8155 Landscape Plan Check Fee, Windemere BLC Land Co.,LLC, 3130 Crow Canyon Pl. #31b, San Ramon,CA 94583 000649-9665 / 831000: 61093471, $2,508,00, SUB 8151 Landscape Plan Check Fee, Windemere BLC Land Co.,LLC, 3130 Crow Canyon Pl.#310, San Ramon,CA 94583 000649-9665 / 831000: 61093472, $3,436. , SUB 8156 Landscape Plan Check Fee, Windemere BLC Land Co., LLC, 3130 Crow Canyon Pl. #310, San Ramon,CA 94583 000649-9665 / 831000: 61093473, California Pacific Bank, 601 Montgomery Street, San Francisco,CA 94111 6,259.30, SUB 6844 Improvement Plan Check Deposit $12,192.67, SUB 6844 Final Map Check Deposit Subdivision- 6844 (Seclusion Valley) Bond No.: 005SB103321542BCM Premium: $1200.00 SECURITY BOND FOP.ACQMSMON OF OFF-SM RIGHT-OF-WAY AGREEMENT (Performance,Guarantee,and Payment) (Calif.Government Code§§ 66499-66499.10) 1. RECITAL OT'SURD SION AGREEMENT.The Principal has executed an agreement with the County to a(,Auire off--site right of way for the construction of drainage improvements for Subdivision 6844 as secified in the Acquisition of Off--Site Right-of-Way Agreement, and to complete said work within the time specified for�sompletion in the Acquisition of Off-Site Right-of-Way Agreement, all in accordance with State and local laws and rulif.gs thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2 0B1:,ICrATI10N. California Pacific Bank - -- -- .asPrincipal,and Travelers Casualty & Surety Co. of America .a corporation organized existing under the laws of the State of o n n e t i c u t __-.and authorized to transact surety business in California,as Surety,hereby joM.1y and severally bind ourselves,our heirs,executors,administrators,successors,and assigns to the County of Contra Corm, California, to pay it: A. Performance&Guarantee Sixty Thousand ($60,000.00) Dollars (�)for itself or any city-assignee under the above County Acquisition of Off-Site Right-of-Way Agreement. 3. CONDMON."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 covermats,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 tirne 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 (or city assignee), its officers, agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and 7ernain in mull force and effect. As a part of the obligation secured hweby and in addition to the face amount specified therefor,time 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 svxety are held firmly bound unto the County of Contra Costa and all other perms employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor the=of any lend,w,for amounts due under the thiemployment hmmnce Act with respect to such work or labor,that said surety will pay the same in an amount not atceeding the amount herein above set forth,mid also in rase 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, ' by County (or city assignee)in successUly 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 persona,companies and carporations entitled to file claims under'Title 15(cornmencing with Section 3082) of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or dv.*assigns in any suit brought upon this bond, Bond #005SB103321542BCM 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 mare 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 ANTS SEAL. on January 5, 2001 Travelers Casualty and Surety California Pacific Bank Company of America P;> ncipal Surety 601 Montgomery Street 580 California Street, #1300 Address Address San Francisco, CA 94111 San Francisco, CA 94104 cly,State and Zip City,State and Zip ;k7'� s'r B Michael R. Johnson Richard L. Mils=ner 1 'int Name Print Name Executive Vice President Attorney-in-Fact 3">tle Tytle 0"his area for official notary flags.All signattrms must be properly notarized in accordance with.Civil Code Section 1180. Tv names and titles of the people signing the docurrmts must be listed on the notary flag.) �1C�i+81l4EfJ.kDh7AVG v�iFmmtlEM WORLh14N1�.d6c Aikl�ar74,00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State o€' OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER O,L before mc, a Com. Though statute does not require the Notary to rill DATE NAME.TITLE OF OFFICER E.G..wJANE t;NOTARY PUBLIC- in the data below,doing so may prove invaluable p Y pp y' ( �jl�„J �n,���tnx to persons relying on the document. crsorsat appeared.. � /t ,1)'IL�t�-t -Jl id�tJt'l NABtE(S)OF SIGNER(S) C INDIVIDUAL pers>>nally known to me-OR-C provided to rye on the basis of satisfactory evidence to C CORPORATE OFFICERS) be the person(s)whose name(s)islare TITLE(S) subscribed to the within instrument and SUSAN CALVER7 .- acknowledged to me that he/she/they executed C PARTNER(S) C LIMITED COMM. 1147358the same in his/her/their authorized u GENERAL �► NOTARY PUBLIC-CALIFORNIA capacity(ics),and that by his/her/their C ATTORNEY-IN-FACT . CONTRA COSTAC041NT0 -; signature{s}on the instrument the person(s)or C TRUSTEE(S) Comm.y Con.Expires July 14,2001�[ the entity upon behalf of which the person(s) C GUARDIAN/CONSERVATOR acted,executed the instrument. G OTHER. wWITNESS y a and clal seat, SIGNER IS REPRESENTING: �v (NAME OF PERSON(S)OR F.NTM(IM) —SIGNAN 0 aclriowledged to me that such corporation executed the within instrument pursuant to its by-laws or a rrolution of its Board of Directors." OP'T'IONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO r?�E DOCUMENT AT RIGHT. Number of Pages noul i the adjacent data is not required by law,it may prove valuable Date of Document to peons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-amchment of this form INSM=ONS TO NO"T"ARY The following information is provided in an effort to expedite processing of the documents. Signatres required on documents must comply with the following to be acceptable to Contra Costa County. 1. = FOR, -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SjgNATURES FOR IND UALS-The naive must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIQN4IL=S FOR P4RT71 RSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign tior and bindthe partnership. IV. Documents should a signed by two officers,one from each of the following two groups: GROUP 1. 'The Chair of the Board bThe President �a� cAny Vice-President GROUP 2. a The Secretary lbAn Assistant Secretarryy c The Chief Financial C7fficer d The Assistant Treasurer If sigh>tures 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 Din=ors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power 7)f attorney,notarized,will suffice. Notarisation 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 resolutiorr of its Board of D irecti rs. K.W Ra,.May::-.1994 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of OA � County of On 0I before me, t' ?)WE AMETITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC' pe rsonally appeared _ ft�./ >r 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 ac- knowledged to me that he/she/they executed .,.... the same in his/her/their authorized WN:UMy U CALVE capacity(ies), and that by his/her/their M. 1147366 Put�-� u signatures) on the instrument the person(s), A�rrACOIfni 16.2001 or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SlaKATURE OF NOTARY .» OPTIONAL Th�iugh the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fn idulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL C CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) C PARTNER(S) ❑ LIMITED ❑ GENERAL Cv ATTORNEY-IN-FACT NUMBER OF PAGES C> TRUSTEE(S) C€ GUARDIAN/CONSERVATOR E3 OTHER: DATE OF DOCUMENT SIrNER IS REPRESENTING: Nm.4-=OF mRSON(s)OR EWTrIY(iEs) ® SIGNER(S)OTHER THAN NAMED ABOVE SD-1133: 194 01993 NATIONAL NOTARY ASSOCIATION•8236 Rernmet Ave.,P.O.Box 7184-Canoga Park,CA 91509-7184 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporatIpns duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County s f Hertford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presentstiake, constitute and appoint: Glenn E. Gilman,Richard L.Milsner,of Walnut Creek, California,their true and lawful Attornes)-in-Pact,with full power and authority hereby conferred to sign,execute and acknowledge, at any place within the United States,ter;if the following line be filled in,within the area there designated the folloxing instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings:<Jbligatory in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto and to land the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the CY mpaGnles, and all the acts of said Attorneys)-in-Fact,pursuant to the authority herein given, are hereby ratified and confirmed. This appintment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in h11 force and effect: VOTED:::lust<the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second V�-.'ce President,the Treasurer,any Assistant Treasurer, the Corporate Secretary or any Assistant Sem may appoint Attorneys-in-Pact and Agent 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 w�h 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 appointeeend revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may deleg de 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 writingrnd a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertakk,g shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vii e: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)ry one or more Attorneys-in-tract and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or:'t?sore Cornpany officers pursuant to a written delegation of authority. This Po or of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing:.;Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERI(A, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resoluti0z is now in full force and effect: VOTED: fhat the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,:Amy Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of dtorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in Fact for purposes ckily of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof:and any such power of attorney or certifice';'e 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 upon the Company in the future with respect to any bond or undertakinj to which it is attached. (8`g7) IN ";WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CMUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President,and their corporate seals to be hereto affixed this 15th day of May, 2000. STI TE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY }SS.Hartford FARMINGTON CASUALTY COMPANY CC�7NT Y OF HARTFORD ly Y ANCA H�, 4 1982 a Sy a8 i' George W. Thompson Senior Vice President On this 15th day of May, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn,did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMS+:RICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corp cations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals afii:�rd to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by aut6Nity of his/her office under the Standing Resolutions thereof. T ��►� fir, �. ��„ ,ti�.,tit�,!iL ' My commission expires June 30, 2001 Notary Public Marie C.Tetreault CERTIFICATE I, twe undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the>atate of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority rem fins in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set fortf I in the Certificate of Authority,are now in force. Sig ed and Sealed at the home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 5th day of January , 2WD. kZo �fi�<Y AIyC GksU� _ V By HAWOF0 '0 + b Kori M. Johanson Assistant Secretary, Bond AGREEMENT (Acquisition of Off-Site Right-of-Way) 1. PARTIES. Effective on Z, 2402,the County of Contra Costa, referred to as the"County,"and California Pacific l4ank referred to as the"Subdivider," agree as follows: 2. PURPOSE. The Subdivider is subdividing certain real property located within the County designated as Subdivision 6844(Seclusion Valley)and, as a condition of approval of such subdivision, the Subdivider is required to construct or install certain off-site improvements, consisting of a portion of the storm drainage and road improvements for the subdivision. The construction and/or installation of these 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 and expenses of acquiring the Right-of-Way and construction of the improvements described herein. 3. ACQUISITION OF RIGHT-OF-WAY. The County agrees to consider the institution of condemnation proceedings to acquire the Right-of-Way (the precise dimensions of which may be subsequently adjusted by the County),so as to enable the construction or installation of the offsite 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 fd Ihe'-""—__. Right-of-Way shall be acquired in the name of the County or such other public entity as the County shall determine. The Right-of-Way is generally described or depicted in Exhibit A(for the off-site road improvements) and Exhibit B (for the off-site storm drainage improvements), which are attached to and made a part of this Agreement. 4. PAYMENT OF ACQUISITIC?N COSTS.The Subdivider shall pay all costs and expenses of acquiring the Right-of-Way, including,but not limited to. a. The deposit necessary to obtain immediate possession of the Right-of-Way. b. The purchase price or compensation for the Right-of-Way, whether determined through settlement,judgment or otherwise. C. Relocation benefits,if any,payable to the owner(s)or tenant(s)ofthe Right- of-Way. _1- d. Compensation for loss ofgoodwill,if any,payable to the owner(s)or tenant(s) of the Right-of-Way. e. Attorney's fees, costs of suit, appraisal fees and other litigation expenses incurred by the County,whether prior to trial, at trial or on appeal. £ The cost of preparing environmental documents and of performing environmental review necessary to comply with the provisions of the California Environmental Quality Act. g. Fees and costs payable upon abandonment of the condemnation proceedings. h. Fees and costs awarded upon a finding of no or insufficient public use or necessity. i. The cost of negotiation,relocation assistance or other services performed by the County. 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. The Subdivider is further obligated under all circumstances to pay for the costs and expenses of construction of all off-site and on-site public and private improvements for the subdivision. 5. ADDITIONAL DOCUMENTS. 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 necessary to obtain a Resolution of Necessity including the following documents and information in writing. a. The name and address of the owner(s)of the property,and any tenants(s)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 of 1970(Pub. Resources Code Section 7260 et seq.). C. A statement ofall offers made to obtain the property by negotiation and 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 appraisal of the property to be condemned. 6. LEGAL SERVICES. Upon election by the County to institute condemnation proceedings,the Office of County Counsel shall have supervision of the said condemnation action -2- but the Subdivider's attorney shall perform all legal services required for said condemnation action, such as: (a)commencing proceedings pursuant to Title 7 (commencing with Section 1230.010)of Part 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 trial 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,but in no event shall the eminent domain action be filed later than 10 days after a Resolution of Necessity has been adopted by the Board of Supervisors.Title to the property(whether by fee,easement or otherwise)shall be acquired no later than 18 months after filing the eminent domain action. The Subdivider's attorney shall notify the Office of 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. Notwithstanding the Subdivider's use of a private attorney, the County retains the right, in its sole discretion, at any time, to require that the Office of County Counsel 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 attorneys in the Office of County Counsel will be charged to the Subdivider at the rate of$120.00 per hour, as adjusted from time to time. Costs of suit,deposition fees, appraisal fees, telephone tolls, mileage, fax charges, delivery or mailing services and other expenses are additional and will be charged to the Subdivider at actual cost. 7. OTHER SERVICES.The County may perform such other services as the County, in its sole discretion, deems necessary for acquisition of the Right-of-Way. These may include, without limitation, negotiation and relocation assistance service provided by the Public Works ii Department(Real Property Division)and environmental review service provided by the Community Development Department.Such other services will be charged to the Subdivider at the County's fully burdened salary rate. 8. DEPOSIT OFPRELIMNARY COSTS AND EMNSES. At the time ofor prior to executing this Agreement, the Subdivider shall deposit with the County the sum of$15,000 in cash, certified check or cashier's check, which sum shall cover the estimated initial costs and expenses described in Sections 4,5,6 and 7 above. To comply with this section of the Agreement, said deposit of$15,000 has already been provided by the Subdivider to the County. If, at any time, the deposit just described is exhausted, or is insufficient to cover costs or expenses incurred by the County,then the County shall promptly notify the Subdivider in writing. -3- Within 15 days ofthe date of such notice,the Subdivider shall deposit with the County the additional sura specified in the notice. Any portion of the deposit(s) made by the Subdivider that is not used to cover costs or expenses incurred by the County shall be refunded to the Subdivider. 9. DEPOSIT OF PROBABLE COMPENSATION. In those cases where the Subdivider has obtained an appraisal of the Right-of-Way prior to executing this Agreement, the Subdivider shall, at the time of executing this Agreement and in addition to the deposit amount set forth above in Section 8,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 ofthe Right-of-Way pursuant to Code of Civil Procedure Section 1255.010. In those cases where the Subdivider has not obtained an appraisal of the Right-of--'Way prior to executing this Agreement,the Subdivider shall, at the time of submitting the appraisal required under Section 5, also make the deposit just described. An appraisal (check one): [X ] has been.obtained. The probable amount of compensation to be deposited with the County,consistent with the appraisal,is$30,000. However,in this matter,the Subdivider has agreed to instead deposit $60,000 with the County, which is more than twice the sum shown in the appraisal, in lieu of updating that appraisal at this time. To comply with this section of the Agreement, said deposit of$60,000 has already been provided by the Subdivider to the County. [ ] has not been obtained. Prior to the time the condemnation action is to be filed, the Subdivider may make written application to the County to deposit with the court the probable amount of compensation pursuant to Code of Civil:Procedure Section 1255.010. Said application must be made no later than 3 days following the adoption ofthe Resolution ofNecessity by the Board of Supervisors and a copy ofthe application shall be sent to the Office of County Counsel. 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 ofthe increased deposit with the court within 5 days of receipt ofthe court's order to increase the deposit. Any portion ofthe deposit(s)made by the Subdivider and retained by the County(as opposed to,being deposited with the court)that is not used to cover costs or expenses incurred by the County shall be refunded to the Subdivider. -4- 10. SECURITY Ef)R SUBDIVIDEW S UBLIGMO-NS. At the time ofexecuting this Agreement, the Subdivider shall, in addition to the deposits described above in Sections 8 and 9, submit to the County a corporate surety bond,letter of credit or other security in the sum of$60,000, which sum shall cover the estimated costs and expenses to be incurred 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 Office of County Counsel,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 ofthe security shall pay all costs, attorney's fees, investigation and expert fees, and other expenses incurred by the County. This section shall in no way limit the Subdivider's responsibility for payment of all costs and expenses described in Sections 4, 5, 6 and 7. ` 11. RECORDS. The County shall maintain accurate records of all services performed by the County and all costs or expenses incurred by the County. 12. ACQUISITION TIME. For purposes of this Agreement,"filing"of the final map shall be the date of approval of the final map by the Board of Supervisors. The Subdivider acknowledges and agrees that,upon the County's approval ofthe final map,the 120-day time limit in Government Code Section 66462.5(imposed on cities and counties to acquire land by negotiation or commence condemnation proceedings), which otherwise may have applied, is waived by the Subdivider and will not apply to acquisition of the Right-of-Way. By this Agreement,the Subdivider assumes the obligation to acquire title to the Right-of- Way by negotiation or commence condemnation proceedings, in accordance with Section 6*,'5hd'--- shall do so within 120 days of the date of the filing of the final map;however,in no event shall the eminent domain action be filed later than 10 days after a Resolution of Necessity has been adopted by the Board of Supervisors. Ifpossession ofthe Right-of-Way has not been acquired within 60 days ofthe date the final map was filed,Subdivider shall notify the County Public Works Department and the County Counsel's Office of this fact,in writing,no later than 65 days after the final map was filed. Subdivider shall acquire and dedicate to the County title to the property (whether by fee, easement or otherwise) no later than 18 months after the commencement of an eminent domain action. If, for any reason, the 120-day limit of Government Code Section 66462.5 is construed to apply to acquisition of the Right-of-Way, the obligation to meet that limit has been assigned to Subdivider by this Agreement. Subdivider shall make all payments, and perform all obligations, required of Subdivider under this Agreement in a prompt manner, so as to meet the schedule imposed by Government Code Section 66462.5,to the extent applicable. Any time delay caused by or resulting from delay in payment or a delay in the performance of or failure to perform any act required by orrelated to this Agreement,forwhatever reason,on the part ofSubdivider,Subdivider's -5- attorney or their agents or employees,or any time expended in complying with the requirements of the California Environmental {duality Act shall not apply against the 120-day time limit and shall not relieve Subdivider of the obligation to complete off-site improvements. Subdivider agrees that the 120-day time limit shall be tolled for the period of the delay. Subdivider further agrees that, if the 120-day time limit is exceeded as the result of any act of Subdivider, Subdivider's attorney or their agents or employees,Subdivider shall not be relieved of its obligation to construct or install the cuff-site improvements described herein. 13. ALTERNATIVE IMPROVEMENTS. The Subdivider agrees that,ifnegotiations with the parties who have an interest in the property designated as the Right-of-Way are unsuccessful,such that the Subdivider is unable to acquire the Right-of-Way necessary to construct the above-described off-site improvements, and the Board of Supervisors determines not to adopt a Resolution of Necessity, the Subdivider shall be obligated to design and construct alternative improvements to the above described off''-site improvements acceptable to the County. In such event,the Subdivider shall submit to the County any revised plans or agreements as required,including but not limited to revised grading and improvement plans and related subdivision agreements and security,so as to allow the Subdivider,at its sole cost and expense,to(1)construct the necessary subdivision drainage improvements on real property located entirely within Subdivision 6844 and/or other public right of way; and(2) construct a private subdivision access read, either on real property located entirely within Subdivision 6844 or on real property currently used as a private road,partially off-site and in substantially the same location as indicated on Exhibit A of this Agreement (provided the necessary private easements are obtained by the Subdivider for that purpose). Any required documentation must be submitted to allow for review and approval by the County within one(1)year of the date of approval of the final map by the Board of Supervisors. The Subdivider further agrees that, until the Right-of-Way is acquired or the rev"iced'-­ . documentation is approved by the County,(1)no grading permits shall be issued for the subdivision; (2)no building permits shall be issued for any residences within the subdivision•,(3)no construction at the subdivision of any kind may be commenced; and(4)no lots shall be separately sold by the Subdivider (i.e., only the entire property may be conveyed). Until the above-referenced off-site improvements or alternative improvements are constructed,no grading permits or building permits for the balance of the subdivision shall be issued, and no other construction at the subdivision may be commenced. Security to cover the costs and expenses of construction,consistent with any such revised improvement plans,shall be provided immediately upon request by the County,pursuant to terms to be set forth in a separate and subsequent agreement with the Subdivider. Construction in accordance with any revised improvement plans shall be at the sole cost and expense of the Subdivider. 14. 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 -6- 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. 15. 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. 16. SUCCESSORS. This Agreement shall bind and inure to the benefit of any successors of Subdivider in legal title to the real property designated as Subdivision 6844. COUNTY SUBDIVIDER County of Contra Costa California Pacific 4,mk, A California By Chair, and of Sup isors 13y M chael R.Johns , President ATTEST: John Sweeten,County Administrator and Clerk of the Board of Supervisors ByD ty By Peter Sun, Executive Vice President RECOMMENDED FOR APPROVAL: :Maurice M. Shiu,Public Works Director By Heather allen , Asffistant Tublic Warps Director FORM AP OV D: Silvano B ar o tinsel Y Lin ,D ty ounty Counsel seclusion /aneyROWAgrcemznti.wo -7- STATE OF CALIFORNIA ) _ ) ss COUNTY OF S6 n - c vt 66 t'p) On U --3 , before me, boh knoA lJe')q ,allotary Public, Mate of California, duly commissioned and sworn, personally appeared PO , 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 signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed this instrument. WITNESS my hand and official seal. L MINH HANG NGUYEN otary mc, tate o71, ma Comm.11306053 r� CRY A CRY WIY C-CALIFORNIA of Sat Frimino YJ My C-0.Expires M027,2065 '; .. STATE OF CALIFORNIA ) ss COUNTY OF jytfG on 0 beforeme, % Ah OrAnr, k,allotary Public, State of California, duly commissioned and sworn, personally appeared 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed this instrument. WITLESS my hand and official seal, chary c, tate o 7 0 �a MINK NANQ Nil Q31YfN Comm,l 1306053 NOTARY PUBLIC-CAL OANIA Cky ad Cowty of Soo Rods.Yet My Comm.Expires Mty 27,2005 r AGREEMENT (Payment for Off-Site Erosion Control Improvements) 1. PARTIES. Effective February X 2001,California Pacific Bank,referred to as the Subdivider"agrees to the following with the County of Contra Costa,referred to as the"County." 2. PURPOSE. The Subdivider is responsible to construct and pay for off-site erosion control improvements that may be required by the Flood Control District,as generally described in Clondition of Approval No. 26.F., attached to the Contra Costa Community Development Department Approved Permit for Subdivision No.6844 and dated February 12, 1991. The purpose Itif this Agreement is to confirm that the Subdivider has provided an initial cash deposit to cover any County costs to review the scope of any such off-site erosion control improvements and that said amount may also be used as initial security to construct any approved off-site erosion control ianprovements. 3. EROSION CONTROL IMPROVEMENTS. The Public Works Department has ct< termined that in order to sufficiently comply with Condition of Approval No. 26.17. prior to approval of the.final map for Subdivision 6844, the Subdivider shall make a cash deposit to the County in the amount of$54,000. Said cash deposit has been provided to the Public Works Department by the Subdivider. The scope of erosion control improvements, if any, that may be dsired has yet to be determined by the Flood Control District. Said determination shall be made pi I to issuance of any grading permit for Subdivision 6844. The scope of such off-site erosion control improvements, if any, to be constructed by the Subdivider, pursuant to Condition of ,Approval No. 26.F., shall be subject to review and approval by the Flood Control District. The Subdivider shall be obligated to pay all costs and expenses of the County in reviewing and approving such improvements and in inspecting their construction. The Subdivider is further F:NLMLAl29766\Agrmnt(Off=SitcErosionControlImprov"20901).wpd `1 obligated under all circumstances to pay for the costs and expenses of construction of all such approved erosion control improvements. 4. DEPQSIT OF ADDITIONAL SECURITY. Following approval by the Flood ',ontrol District of the erosion control improvements as described above, the Subdivider shall deposit with the County security in a form acceptable to the County for the estimated cost of the construction of the approved erosion control improvements. Said estimate and the form of security stall be subject to review and approval by the County prior to issuance of a grading permit for :subdivision 6844. With the submittal of such satisfactory security for the construction of any such ~osion control improvements,any remaining balance of the cash deposit described above shall be rturned to the Subdivider. 5. HOLD HARMLESS. The Subdivider agrees to defend,indemnify,save and hold h�,irmless the County,its boards, officers,employees and agents from and against any and all costs, ex penses or liability incurred by the County or the Subdivider in connection with the Subdivider's a Is, errors or omissions pursuant to this Agreement. 6. SUCCESSORS. This Agreement shall bind and inure to the benefit of any successors of Subdivider who may hold title of the real property designated as Subdivision 6844. SUBDIVIDER CALIFORNIA PACIFIC BANK, A California Corporation $ . Richard Chi President Nakamura Chief Financial Of I::1C NI1..A\297661Apnvd(off=SiteErosionControlImprove-020901).wpd -2- STATE OF CALIFORNIA ) ss COt)NTY OF A ) C On February,&, 2001, before me, ,,.JJ, a Notary Public, State of California,duly commissioned and sworn,personally appeared RICHARD CHI,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is -ubscribed to the within instrument, and acknowledged to me that he executed the same in his .uthorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted, executed this instrument. WITNESS my hand and official seal CkOTARY PUBLIC-CALWORNIA L ` RY t cc"of Son Fntuisco(} COUK EXP.FEB.20,2002-+ ®tart' Public, tateCalifornia F! LUOL A\29766\Aunt(Off-SiWErosioWontmlln rove-020901)>wpd -3- STATE OF CALIFORNIA } ss '>COTJNTY OF ) c.txa On February ' 02001, before me, "' . � �',�r�',�, a Notary Public, Mate of California,duly commissioned and sworn,personally appeared LARRY NAKANn 1RA,personally :mown to me(or proved to me on the basis of satisfactory evidence)to be the person whose name s subscribed to the within instrument, and acknowledged to me that he executed the same in his Authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted, executed this instrument. WITNESS my hand and official seal. d $ ; �tateCorK -of: �n Franct►co�xF! MM2-► otary Ic,OT LWORNM CALIFORNIA PACIFIC BANK February 20, 2001 Board of Supervisors Contra Costa County AdministrationBuilding Martinez, CA 94553 RE: Instrument of Credit delivered as Improvement Security: Combined Performance and Labor&. Materials Security(Contra Costa Ordinance Code Sections 94-4.406 and 94-4.408). (L/C Number: s-54374) Dear Board: California Pacific Bank, a financial institution, subject to regulation by the State of California or the Federal Government of the United States of America, delivers to Contra Costa County this instrument of credit as security for payment for certain improvements required to partially satisfy Condition of Approval No.26.A.I.b for Subdivision 6844(hereinafier referred to as the "Road Improvement Condition. 1. We pledge that we hold and will hold to deposit the sum of$145,322.00 as trust funds guaranteed for payment to Contra Costa County (or successor city) to secure California Pacific Bank's (hereinafter referred to as " Owner")payment for improvements required by the Road Improvement Condition. We will so hold this sum until the Board of Supervisors requests payment of $145,322.00(in lieu of construction of off-site improvements). Once the sum of $143,322.00 has been paid to Contra Costa County for purposes of funding the improvements required by the Road Improvement Condition, the Board of Supervisors agrees to release this letter of credit. 2. No alteration of any plans of specifications of work required under the Road Improvements Condition, agreed to by Contra Costa County and Owner, shall relieve us from liability on this letter of credit. We hereby give consent for any such alterations to be made without further notice to or consent by us. We hereby hold ourselves bound without regard to and independently of any action against Owner whenever taken. We further agree that if Contra Costa county sues on this letter of credit, we will pay, in addition to the face value of this letter, all its reason costs, expenses and attorney fees incurred by it in successfully enforcing such obligation,to be awarded and fixed bye the court, and to be taxed as cost and to be included in the judgement therein rendered. 601 Montgomery Street 46687 Mission Blvd. 3100 Oak Road,Suite 320 Sm Francisco,California 94111 Fremont,California 94539 Walnut Creek,California 94596 LL (415)399-8000 (510)252-9200v 252-9200 (925)287-1713 CALIFORNIA PACIFIC BANK 3. This instrument of credit is irrevocable and has no expiration date. This Letter of Credit can only be released by the Contra Costa County Board of Supervisors. Financial Institution Subdivider/Owner California Pacific Bank The undersigned hereby agrees to all the terms and conditions set forth and releases I swear under penalty of perjury that I have the financial institution executing this letter authority to bind the above-named financial of credit from all liability except as herein institution to the terms of this letter of specifically set forth. credit Executed at San Francisco Executed at Walnut Creek California, on - California, on By: Michael K. Johnson BY: Peter S , Executive Vice President I-xec. i Vice President Signature Sig store 601 Montgomery Street 46687 Nfission Blvd. 3100 oak Road,Suite 320 <nn Francisco,California 94111 Fremont,California 94539 Walnut Creek,California 945%' (415)3994MM (510)252-9200 (925)28"7-1713 } STATE OF California }ss. COUNTY" OF San Francisco On f /Zu�2�r' y c� before me, personally appeared e A c ' (or proved to me on the basis of satisfactory .evidence) to be the person(s) whose name(s)`mare subscribed to the within instrument and acknowledged to me that,he y/they executed the same in 44s{#their authorized capacity(ies), and that by WeAw/their signature(s) on the Instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. �DA L CHINN 0- C COW*4474M TARr PUBLIC-CALIFOItldajiCqM*of tae FroeCbCOO tUti�A.EXP.FEB.71%2M•' Signatur (Ms aroa,for ofecW notarial sear Tine of Document:6, q e-of ei-tPI /K4 5 �c� c c,�d r�tt'r ? 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ED To TRA CDST'A Ca DEED SERIES NC.._._'— yy, V4 Al rp�px /� 0 4 g. n 0 > ZD> � (" 'lit Av ED 0 4- y -4 Ny C V GT T G� AGREEMENT (Acquisition of Off-Site Right-of-Way) 1. PARTIES. Effective on 7s 2002.the County of Contra Costa,referred to as the"County,"and California Pacific Ifank referred to as the "Subdivider,"agree as follows; 2. PURPOSE. The Subdivider is subdividing certain real property located within the County designated as Subdivision 6844(Seclusion Valley)and, as a condition of approval of such subdivision, the Subdivider is required to construct or install certain off-site improvements, consisting of a portion of the storm drainage and road improvements for the subdivision. The construction and/or installation ofthese 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 and expenses of acquiring the Right-of-Way and construction of the improvements described herein. 3. ACQUISITION OF RIGHT-OF-WAY. The County agrees to consider the institution of condemnation proceedings to acquire the Right-of-Way(the precise dimensions of which may be subsequently adjusted by the County),so as to enable the construction or installation of the offsite improvements described in Section 2 above and in the conditions of approval for the Subdivider's subdivision.Should the County electto 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-tb3 Ihe'-"`-- Right-of Way shall be acquired in the name of the County or such other public entity as the County shall determine. The Right-of-Way is generally described or depicted in Exhibit A(for the offsite road improvements) and Exhibit B (for the off-site storm drainage improvements), which are attached to and made a part of this Agreement. 4. PAYMENT OF ACQUISITION COSTS.The Subdivider shall pay all costs and expenses of acquiring the Right-of-Way, including,but not limited to: a. The deposit necessary to obtain immediate possession of the Right-of-Way. b. The purchase price or compensation for the Right-of-Way, whether determined through settlement,judgment or otherwise. C. Relocation benefits,if any,payable to the owner(s)or tenant(s)of the Right- of-Way. -1- d. Compensation for loss of goodwill,ifany,payable to the owners)or tenant(s) of the Right-of-Way. e. Attorney's fees, costs of suit, appraisal fees and other litigation expenses incurred by the County,whether prior to trial, at trial or on appeal. f The cost of preparing environmental documents and of performing environmental review necessary to comply with the provisions of the California Environmental Quality Act. g. Fees and costs payable upon abandonment of the condemnation proceedings. h. Fees and costs awarded upon a finding of no or insufficient public use or necessity. i. The cost of negotiation,relocation assistance or other services performed by the County. 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. The Subdivider is further obligated under all circumstances to pay for the costs and expenses of construction of all off-site and on-site public and private improvements for the subdivision. 5. ADDITIONAL DOCUMENTS. 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 necessary to obtain a Resolution of Necessity including the following documents and information in writing: a. The name and address of the owner(s)of the property, and any tenants(s)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 of 1970(Pub. Resources Code Section 7260 et seq.). C. A statement ofall offers made to obtain the property by negotiation and 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 appraisal of the property to be condemned. 6. LEGAL SERVICES. Upon election by the County to institute condemnation 1 proceedings,the Office of County Counsel shall have supervision of the said condemnation action -2- but the Subdivider's attorney shall perform all legal services required for said condemnation action, such as: (a) commencing proceedings pursuant to Title 7 (commencing with Section 1230.010)of Part 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 trial 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,but in no event shall the eminent domain action be filed later than 10 days after a Resolution of Necessity has been adopted by the Board of Supervisors.Title to the property(whether by fee,easement or otherwise)shall be acquired no later than 18 months after filing the eminent domain action. The Subdivider's attomey shall notify the Office of 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. Notwithstanding the Subdivider's use of a private attorney, the County retains the right, in its sole discretion, at any time, to require that the Office of County Counsel resume exclusive handling of the legal proceedings until the Right-of-Wayhas been finally acquired,whether through settlement,judgment or otherwise. All services rendered by attorneys in the Office of County Counsel will be charged to the Subdivider at the rate of$120.00 per hour, as adjusted from time to time. Costs of suit,deposition fees, appraisal fees, telephone tolls, mileage, fax charges, delivery or mailing services and other expenses are additional and will be charged to the Subdivider at actual cost. P. 7. OTHER SERVICES.The County may perform such other services as the County, in its sole discretion, deems necessary for acquisition of the Right-of-Way. These may include, without limitation, negotiation and relocation assistance service provided by the Public Works Department(Real PropertyDivision)and environmental review service provided by the Community Development Department.Such other services will be charged to the Subdivider at the County's fully burdened salary rate. 8. DEPOSIT OP MLEMNA RY COSTS AND EXPENSES. At the time ofor prior to executing this Agreement, the Subdivider shall deposit with the County the sum of$15,000 in cash, certified check or cashier's check, which sum shall cover the estimated initial costs and expenses described in Sections 4, 5,6 and 7 above. To comply with this section of the Agreement, said deposit of$15,000 has already been provided by the Subdivider to the County. If, at any time, the deposit just described is exhausted, or is insufficient to cover costs or expenses incurred by the County,then the County shall promptly notify the Subdivider in writing. -3- r, Within 15 days ofthe date of such notice,the Subdivider shall deposit with the County the additional sum specified in the notice. Any portion of the deposit(s) made by the Subdivider that is not used to cover costs or expenses incurred by the County shall be refunded to the Subdivider. 9. DEPOSIT-OF PROBABLE COMPENSATION. In those cases where the Subdivider has obtained an appraisal of the Right-of-Way prior to executing this Agreement, the Subdivider shall, at the time of executing this Agreement and in addition to the deposit amount set forth above in Section 8,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 ofthe Right-of-Way pursuant to Code of Civil Procedure Section 1255.010. In those cases where the Subdivider has not obtained an appraisal ofthe Right-of-`may prior to executing this Agreement,the Subdivider shall, at the time of submitting the appraisal required under Section 5, also make the deposit just described. An appraisal(check one): [X has been.obtained. The probable amount of compensation to be deposited with the County,consistent with the appraisal,is$30,000. However,in this matter,the Subdivider has agreed to instead deposit $60,000 with the County, which is more than twice the sum shown in the appraisal, in lieu of updating that appraisal at this time. To comply with this section of the Agreement, said deposit of$60,000 has already been provided by the Subdivider to the County. [ ] has not been obtained. Prior to the time the condemnation action is to be filed, the Subdivider may make written application to the County to deposit with the court the probable amount of compensation pursuant to Code of Civil Procedure Section 1255.010. Said application must be made no later than 3 days fallowing the adoption ofthe Resolution of Necessityby the Board of Supervisors and a copy of the application shall be sent to the Office of County Counsel. 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 ofthe 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 ofthe deposit(s)made by the Subdivider and retained by the County(as opposed to being deposited with the court)that is not used to cover costs or expenses incurred by the County shall be refunded to the Subdivider. -4- M. 10. SECURITY FOR SUBDIVIDER'S OBLIGATIUNS. At the time of executing this Agreement, the Subdivider shall, in addition to the deposits described above in Sections 8 and 9, submit to the County a corporate surety bond,letter of credit or other security in the sum of$60,000, which sum shall cover the estimated costs and expenses to be incurred 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 Office of County Counsel,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 ofthe security shall pay all costs, attorney's fees, investigation and expert fees, and other expenses incurred by the County. This section shall in no way limit the Subdivider's responsibility for payment of all costs and expenses described in Sections 4, 5,6 and 7. 11. RECORDS. The County shall maintain accurate records of all services performed by the County and all costs or expenses incurred by the County. 12. ACQUISITION TIME. For purposes of this Agreement,"filling"ofthe final map shall be the date of approval of the final map by the Board of Supervisors. The Subdivider acknowledges and agrees that,upon the County's approval of the final map,the 120-day time limit in Government Code Section 66462.5(imposed on cities and counties to acquire land by negotiation or commence condemnation proceedings), which otherwise may have applied, is waived by the Subdivider and will not apply to acquisition of the Right-of--Way. By this Agreement,the Subdivider assumes the obligation to acquire title to the Right-of- Way ight-ofWay by negotiation or commence condemnation proceedings, in accordance with Section 6;' shall do so within 120 days of the date of the filing of the final map;however,in no event shall the eminent domain action be filed later than 10 days after a Resolution of Necessity has been adopted by the Board of Supervisors. Ifpossession ofthe Right-of-Way has not been acquired within 60 days ofthe date the final map was filed,Subdivider shall notify the County Public Works Department and the County Counsel's Office of this fact, in writing, no later than 65 days after the final map was filed. Subdivider shall acquire and dedicate to the County title to the property (whether by fee, easement or otherwise) no later than 18 months after the commencement of an eminent domain action. If, for any reason, the 120-day limit of Government Code Section 66462.5 is construed to apply to acquisition of the Right-of-Way, the obligation to meet that limit has been assigned to Subdivider by this Agreement. Subdivider shall make all payments, and perform all obligations, required of Subdivider under this Agreement in a prompt manner, so as to meet the schedule imposed by Government Code Section 66462.5,to the extent applicable. Any time delay caused by or resulting from delay in payment or a delay in the performance of or failure to perform any act required by or related to this Agreement,for whatever reason,on the part of Subdivider,Subdivider's -5- attorney or their agents or employees,or any time expended in complying with the requirements of the California Environmental Quality Act shall not apply against the 120-day time limit and shall not relieve Subdivider of the obligation to complete off-site improvements. Subdivider agrees that the 120-day time limit shall be tolled for the period of the delay. Subdivider further agrees that, if the 120-day time limit is exceeded as the result of any act of Subdivider, Subdivider's attorney or their agents or employees,Subdivider shall not be relieved of its obligation to construct or install the off-site improvements described herein. 13. ALTERNATIVE IMPROVEMENTS. The Subdivider agrees that,ifnegotiations with the parties who have an interest in the property designated as the Right-of-Way are unsuccessful,such that the Subdivider is unable to acquire the Right-of-Way necessary to construct the above-described off-site improvements, and the Board of Supervisors determines not to adopt a Resolution of Necessity, the Subdivider shall be obligated to design and construct alternative improvements to the above described offsite improvements acceptable to the County. ' In such event,the Subdivider shall submit to the County any revised plans or agreements as required,including but not limited to revised grading and improvement plans and related subdivision agreements and security,so as to allow the Subdivider,at its sole cost and expense,to(1)construct the necessary subdivision drainage improvements on real property located entirely within Subdivision 6844 and/or other public right of way; and(2) constrict a private subdivision access mad, either on real property located entirely within Subdivision 6844 or on real property currently used as a private road,partially offsite and in substantially the same location as indicated on Exhibit A of this Agreement(provided the necessary private easements are obtained by the Subdivider for that purpose). Any required documentation must be submitted to allow for review and approval by the County within one(1)year of the date of approval of the final map by the Board of Supervisors. The Subdivider further agrees that, until the Right-of-Way is acquired or the reVised"' documentation is approved by the County,(1)no grading permits shall be issued for the subdivision; (2)no building permits shall be issued for any residences within the subdivision,(3)no construction at the subdivision of any kind may be commenced; and (4)no lots shall be separately sold by the Subdivider (i.e., only the entire property may be conveyed). Until the above-referenced offsite improvements or alternative improvements are constructed,no grading permits or building permits for the balance of the subdivision shall be issued, and no other construction at the subdivision may be commenced. Security to cover the costs and expenses of construction,consistent with any such revised improvement plans,shall be provided immediately upon request by the County,pursuant to terms to be set forth in a separate and subsequent agreement with the Subdivider. Construction in accordance with any revised improvement plans shall be at the sole cost and expense of the Subdivider. 14. 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 -6- 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. 15. 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. 16. SUCCESSORS. This Agreement shall bind and inure to the benefit of any successors of Subdivider in legal title to the real property designated as Subdivision 6844. COUNTY SUBDIVIDER County of Contra Costa California Pacific A California i OA ;V By By Z Chair, and of Super—visors Wchael R. Johnspfi," President ATTEST: John Sweeten,County Administrator and Clerk of the Board of Supervisors By By — �D—e ty Peter Sun, Executive Vice President RECOMMENDED FOR APPROVAL: Maurice M. Shiu,Public Works Director By Heath4eral4len , "stant Pb—licWorks Director FORM AP OVED- Silvano B ar 0 unsel Lin KoC Ddp&Yaunty Counsel 40,00" Seclusioii�'ValleyROWAgn,c=tl.vqA -7- STATE OF CALIFORNIA ) _ ) ss COUNTY" OF �n t - vl L)�> ) On J '�.1....�, beforerne, po oA a Nota,ittr�, rY Public, State of California, duly commissioned and sworn., personally appeared 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed this instrument. WITNESS my hand and official seal MiNH HANG NGUYEN otary ic, tate o7bfnia L Comm,11346063 NOTARY q uM C�Y of San Froiodw !ty Camra.Ezpiraa Aby 21, STATE OF CALIFORNIA ) COUNTY OF jn# h Co ss On , a 01 , before me, J� l a Notary Public, State of California, duly commissioned and sworn, personally appeared ` personally { p �� ..� .���� (�.. , p y known to me or roved 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed this instrument. WITNESS my hand and official seal. Notary o is 19MfNH HANG NGUYEN COMM.11306063 NOTARY PUBLIC-CALIFORNIA CRy xA!Cowry of S"FgAdico MY Com.Expkn May 17.1088 '+ AGREEMENT (Payment for Off-Site Erosion Control Improvements) 1. PAR'T'IES. Effective February X 2001,California Pacific Bank,referred to as the `:Subdivider"agrees to the following with the County of Contra Costa,referred to as the"County." 2. PURPOSE. The Subdivider is responsible to construct and pay for off-site erosion control improvements that may be required by the Flood Control District, as generally described in Condition of Approval No. 26.F., attached to the Contra Costa Community Development Department Approved Permit for Subdivision No. 6844 and dated February 12, 1991. The purpose of this Agreement is to confirm that the Subdivider has provided an initial cash deposit to cover any County costs to review the scope of any such off-site erosion control improvements and that said anount may also be used as initial security to construct any approved off-site erosion control Inprovements. 3. EROSI0N CONTROL IMPROVEMENTS. The Public Works Department has determined that in order to sufficiently comply with Condition of Approval No. 26.F. prior to a7proval of the.final map for Subdivision 6844, the Subdivider shall make a cash deposit to the County in the amount of$50,000. Said cash deposit has been provided to the Public Works Department by the Subdivider. The scope of erosion control improvements, if any, that may be dsired has yet to be determined by the Flood Control District. Said determination shall be made pIior to issuance of any grading permit for Subdivision 6844. The scope of such off-site erosion ccOntrol improvements, if any, to be constructed by the Subdivider, pursuant to Condition of sproval No. 26.F., shall be subject to review and approval by the Flood Control District. The Subdivider shall be obligated to pay all costs and expenses of the County in reviewing and aproving such improvements and in inspecting their construction. The Subdivider is further F`f >.W A\29766tAgcmnt(off-SiwErosionContrallmpmve-020901).wpd 1- Obligated under all circumstances to pay for the costs and expenses of construction of all such Approved erosion control improvements. 4. DEPOSIT OF ADDITIONAL SECURITY. Following approval by the Flood Control District of the erosion control improvements as described above, the Subdivider shall xleposit with the County security in a form acceptable to the County for the estimated cost of the Construction of the approved erosion control improvements. Said estimate and the form of security shall be subject to review and approval by the County prior to issuance of a grading permit for .subdivision 6844. With the submittal of such satisfactory security for the construction of any such t rosion control improvements, any remaining balance of the cash deposit described above shall be returned to the Subdivider. 5. 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 zts,'errors or omissions pursuant to this Agreement. 6. SUCCESSORS, This Agreement shall bind and inure to the benefit of any s4ccessors of Subdivider who may hold title of the real property designated as Subdivision 6844. SUBDMDER CALIFORNIA PACIFIC BAND, A California Corporation B . Richard Chi President y Nakamura Chief Financial Officer FM LMILAV9766\doff-s;ttE ,��trollmpm 20901). -2- STATE OF CALIFORNIA } } ss -'UUNTY OF } On February,&, 2001, before me, 6ELJ,24 r.J J, a Notary Public, State of Clalifornia,duly commissioned and sworn,personally appeared RICHARD CHI,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is ,ubscribed to the within instrument, and acknowledged to me that he executed the same in his ,authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf (.)f which the person acted, executed this instrument. WITNESS my hand and official seal. u EIMCOM VJNDA CHINN Um OTARY PUBUC-CAUFORM#A Q t C1ry k Cooeiy of Sort Frsfidsto{} Cdr ` ' � � Notary Public, State of California 17.4'"I..R+1[,A\29766\Agrmrr4off-SiteEmsionC.onWllnimyt-0209301).wo STATE OF CALIFORNIA } ss C01� OF } C-Ic On February,& 2001, before me, ket D, 2, a Notary Public, State of California,duly commissioned and sworn,personally appeared LARRYNAKAIVitTRA.,personally =:mown to me (or proved to me on the basis of satisfactory evidence)to be the person whose Warne s subscribed to the within instrument, and acknowledged to me that he executed the same in his Ixuthorized capacity,and that by his signature on the instrument the person,or the entity upon behalf )f which the person acted, executed this instrument. WITNESS my hand and official seal. Cly i Co"of inn froacisco co .E FEB,20,202.A Notary Public,State of California F.-W'LMLA129766\Apsr gOff-SiaeEms[onCon llmpmve 020901}:apd 4— CALIFORNIA PACIFIC BANK February 20, 2001 Beard of Supervisors Contra Costa County Administration Building Martinez, CA 94553 RB: Instrument of Credit delivered as Improvement Security: Combined Performance and Labor& Materials ecurity(Contra Costa Ordinance Code Sections 94-4.406 and 94-4.408). (L/C Number: s-54374) Dear Board: California Pacific Bank, a financial institution, subject to regulation by the State of California or the Federal Government of the United States of America, delivers to Centra Costa County this instrument of credit as security for payment for certain improvements required to partially satisfy Condition of Approval No.26.A.1.b for Subdivision 6844(hereinafter referred to as the "Load Improvement Condition. 1. We pledge that we hold and will hold to deposit the sum of$145,322.00 as trust funds guaranteed for payment to Contra Costa County (or successor city) to secure California Pacific Bank's (hereinafter referred to as " Owner")payment for improvements required by the Road Improvement Condition. We will so hold this sum until the Board of Supervisors requests payment of $145,322.00(in lieu of construction of off-site improvements). Once the sum of $143,322.00 has been paid to Contra Costa County for purposes of funding the improvements required by the Road Improvement Condition, the Board of Supervisors agrees to release this letter of credit. 2. No alteration of any plans of specifications of work required under the Road Improvements Condition, agreed to by Contra Costa County and Owner, shall relieve us from liability on this letter of credit. We hereby give consent for any such alterations to be made without further notice to or consent by us. We hereby hold ourselves bound without regard to and independently of any action against Owner whenever taken. We further agree that if Contra Costa county sues on this letter of credit, we will pay, in addition to the face value of this letter, all its reason costs, expenses and attorney fees incurred by it in successfully enforcing such obligation,to be awarded and fixed bye the court, and to be taxed as cost and to be included in the judgement therein rendered. 601 Montgomery Street 46687 Mission Blvd 3100 flak Road,suite 320 Sia Francisco,California 94111 Fremont,California 94539 Walnut Creek,California 94596 (415)399-8000 (510)252-9200 (925)28'7-17'13 CALIFORNIA PACIFIC BANK 3. This instrument of credit is irrevocable and has no expiration date. This Letter of Credit can only be released by the Contra Costa County Board of Supervisors. Financial Institution Subdivider/Owner California Pacific Bank The undersigned hereby agrees to all the terms and conditions set forth and releases I swear under penalty of perjury that I have the financial institution executing this letter authority to bind the above-named financial of credit from all liability except as herein institution to the terms of this letter of specifically set forth. credit Executed at San Francisco Executed at Walnut Creek California, on._ Califorr,:la, on -7— t �-.� � t By: Michael R. Johnson BY: Peter S Executive Vice President Exec. i Vice President Sig Signature azure 601 Montgomery Street46687 Mission Blvd. 3100 Oak Road,Suite 320 ,fan Francisco,California 94111 Fremont,California 94539 Walnut Creels,California 94596- (415)399-8000 (510)252-9200 (925)287-1713 - } STATE OF California }ss. COUNTY OF San Francisco } On ad AV 0,2 0. 0206 before me, _ *-Lc-to personally appearedcLC , (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names)mare subscribed to the within instrument and acknowledged to me that*o- ' /they executed the same h44s4fefAheir authorized capacity6es), and that by We /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. rL OTARY PUBLiCtALMMIA CRY i Cowl ofl;&"Proneisca$� ,, COMlM4 EXP.FEB.I*2002•x Signatur {This area for of dal notarial seal} Title of Document. r� r, �r Ve, <rp .r��7' Date of Document. 61<44441 C9 ; r av/ No. of Pages:Q, Other signatures not acknowledged: , Jj/f