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Home My WebLink AboutRESOLUTIONS - 01012003 - 2003-571 i Recorded at the request oft Contra Costa County Hoard of Supervisors Return tot Public Works Department Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 23, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKRAA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO,2003/571 SUBJECT: Acceptance of Release and Indemnity(Levee Failure), for Subdivision 8570, being developed by Fallman Land Investment Company,Byron area. (District III} IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Release and Indemnity Sub 8570 Fallman Land .Byron III (Levee Failure) Investment Company I hereby certify that this is a true and correct copy of an action CL_mt taken and entered on the minutes of the Board of Supervisors G:1GtpData\EngSvc\3o12003\9-23-03\SUB 8570 BO-27 R&Ldoc on the date shown. Originator: Public Works(ES) Contact:Chris Lau(313-2253) cc: Recor&r(via Title Company)then PW Records ATTESTED: SE17I'.(MER 23, 20.3 current Planning,Comnuinvestment tity DevCompany ptrtent JOHN SWEETEN, Clerk of the Board of Supervisors and Fallman Laud Investment Corr�any Bob Henry County Administrator 1380 Galaxy Way Concord,CA 94522 67/ BY. _ , DEPM RESOLUTION NO.2003/ 57I"—" Record at the request of: Contra Costa County Board of Supervisors Return to: Contra Costa County Public Works Department Engineering Services Division Records Section Area: Byron Subdivisions:8570,8571,8572,8577,9578 and 9579 Assessor's Parcel Plumbers: 011-240-001 015-160-002 015-160-001 RELEASE AND INDEMNITY SUBDIVISION SD%8570(LEVEE FAILURE) The undersigned declares and promises as follows: A. The undersigned is the owner and developer of certain real property located in the unincorporated area of Contra Costa County, California, known as Discovery Bay West —Village III (Subdivision 8570, 8571, 8572, 8577, 8578 and 8579) as described in Exhibit"A", attached hereto. B. The undersigned has obtained from the County of Contra Costa ("County") certain land use entitlements, consisting of the approval of the above subdivisions, the approval of Final Development Plan 3025-91 and the approval of Rezoning 2963-RZ C. Pursuant to the conditions of approval of the land use entitlements, the undersigned is required to execute and record this document. D. By means of this document, the undersigned acknowledges and gives notice that the levees protecting a portion of the above-described real property are subject to failure if not properly maintained. E. The undersigned, for itself, its successors and assigns,hereby releases the County, the Contra Costa County Flood Control and Water Conservation District ("District") and their respective boards, commissions, officers, agents, and employees from any and all claims, costs,demands, expenses or liability, including, without limitation, consequential damages, arising out of damage to on-site improvements as a result of levee failure. F. The undersigned, for itself, its successors and assigns, further promises to defend, indemnify, save and hold harmless the County, District and their respective boards, commissions, officers, agents, and employees from any and all claims, costs, demands, expenses, or liability, including, without limitation, consequential damages, arising out of damage to on-site improvements as a result of levee failure. G. This document is an instrument affecting the title or possession of the above-described real property and shall run with the land and be binding on the successors and assigns of the undersigned in the property, and any homeowners association (or any successor thereof) responsible for maintenance of the levees. The benefits of this document shall inure to the benefit of any public successor(s) to County, District, and their respective boards, commissions, officers, agents, and employees. In addition, notwithstanding the conveyance by the undersigned of all or a portion of the above-described real property, the undersigned shall continue to be bound by the provisions of section E and F above, for a period of ten (10) years from the date of this document, where such claim, demand, expense, or liability arises out of, or is claimed or alleged to arise out of, defective design or construction of the levees. The undersigned executed this instrument on M, _ pc�3 . Faliman Land Investment Company Inc., a California corporation .x By. (Print name and title) , T. 5 144 W By: (Print name and title) Indemnity Negotiated 2 ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Q— OS N-� On �sc. efore me, , IDATF) (NOTARY) personally appeared , SIGNERiSi [9-15�ersonally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person44 whose name{.s4 isAwe subscribed to the within instrument and -- D. 1'ANTEI.ES acknowledged to me that he/s4e,44wy executed .. Comm,11296585 the same in his/h-e�i7r authorized 040ry"ntr#CostsCoulnty capacity4w,4, and that by his '4r r°'"m t'°"m March 9,2°° signatures44 on the instrument the person{ or the entity upon behalf of which the person(4 acted, executed the instrument. WITLESS my hand and official seal. NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by taw. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SICKER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER . TITLE OR TYPE OF DOCUMENT TITLE(S) ® PARTNER(S) �] ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) � GUARDIANCCONSERVATOR DATE OF DOCUMENT OTHER: OTHER SIGNER IS REPRESENTING- RIGHT THUMBPRINT NAME OF PERSON(S)OR ENTITY(TES) OF SIGNER a a r APA 5199 VALLEY-SIERRA. 900-362-3369 Subdivision 8570 Levee Release chi Indemnity EXHIBIT"A„ All of the real property situated in the County of Contra Costa, State of California, described as follows: All of Lots l through 72; Parcels"A"through"I"; and the streets designated as Fallman Boulevard,Lakefront South Loop,Cottage Grove Drive, Oroville Court, Carlyle Drive,Tahoe Court,Havasue Court, Almanor Drive,Almanor Court and Hawthorne Court, as shown on final map of Subdivision SD968570,on file at the County Recorder's Office as follows: Date: Book: Page: