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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-267 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 25, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKE MA, GREENBERG, DESAULNIER AND GLOVER NOES: DONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2004/ 267 SUBJECT. Approval of the Parcel Map and Subdivision Agreement for Minor subdivision 21- 02, being developed by Resources for Community Development, Bay Point area. (District V) The following documents were presented for Board approval this date: L Map The parcel map of Minor Subdivision 21-02,property located in the Bay Point area, Supervisorial.District V, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Resources for Community Development,principal, whereby said principal 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 Contest: Chris.Lau(313--222293) ereon p originator:Public Works taken and entered the minutes of the Board of Supervisors CL-.nn on the date shown. G:1GrpDataiLngSw\BCt12004105-25-04\MS 21-02 B0-21.doc CC. Public Worcs—T.Bell,Construction Current Planning,Conmunity Develolanctit T—Match 25,2005 MAY 25, 2004 Resources for Comnunrity Development ATTESTED: Attn:Daniel Sawisiak JOHN SWEETEN,Clerk of the Board of Supervisors and 2730 Telegraph Avenue Berkeley,CA 94705 County Administrator Lincoln General Insurance Company Attn:David Harris 701 B Street,Suite 2100 San Diego,CA 92101 By .- ,Deputy RES0LUTION NO.2004/ 267 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 21-02,being developed by Resources for Community Development,Bay Point area. (District V) DATE: May 25, 2004 PAGE: 2 A. Cash Band Performance amount: $2,135.00 Auditor's Deposit Permit No. 424132 Date: May 6, 2004 Submitted by: Resources for Community Development Tax ID Number: 94-2442466 B. Surety Band Bond Company: Lincoln General Insurance Company Bond Number: 66111560 Date: May 5, 2004 Performance Amount: $211,365.00 Labor&Materials Amount: $106,750.00 Principal: Resources for Community Development III. 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 2003-2004 tax lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first day of January 2004, is estimated to be $27,500.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Lincoln General Insurance Company Bond Number: 66111561 Date: May 7,2004 Amount: $27,.500.00 Principal: Resources for Community Development NOW, THEREFORE,THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said parcel map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/267 ri �t'wl �y a X X lit E WN til IS w NIX I'M ,r 1 w , , t, a INE < OIK .. t lit� . Ilix, V-ME Ila / , a will l t , 2, RR Y I� 1 y� Nit Jyyl BRIA h#ONTE SUB€IViSION i NO.1 BLOCK S 20 M.546 fTr.f•n� B "t 4MsNs cw urlf s75, n , 2?7t7j r'J�$ M4A movm++4VEAW w �'� ~y� i,Gi?' 7 i NCXJtC✓V'L'CT'►t MitiD' _ '�!� �p p fi f •"'__"_ __..__..� .GtbY1L. ltGL'tGlG. rr � � � y w�i'r � t�jl� RMR 4 I n Zt W x �� tI 94 I� { I I I 1 ! fi G/29SW AVEht,F a will lu 1,CL i 3,1H I w ' ` 1yy�.qq7 p�gpp��+ wpp �i2 IF'{A fR V EW AVENUE M"AAAMEA/AVEAZE/ ,vas' s` 'w iuu ar rnry gy+ r znarzvwrnsaT z } sKKa ,c+x PC3S3+tS` rt#.A i CO, WEST PIT rsoukc VU w €KAC1 I!Ni'Y NO.T M ru •BLOCK C t$06) L4 ".21AWO #�tt VA 4 I if rl POINSE•T rIA A VENUE Y a Y l! `xzces� irxa7csafsx -- - \ \ y r SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: MS 02-0021 Bella Monte Apartments Principal: Resources for Cgmmunity D r 1opMent Effective Date: April 30, 2004 Completion Period: i year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: _CONTRA COSTA COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director _ $y (signature) 1 s RECOMMENDED FOR PROVAL (Print name 8c title Daniel SawlKak, Executive Director By (Signature) Engineering Se ices Division (Print nerxBetitle) FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Principal is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code §313.) I. PARTTES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coun 'and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (including future amendments thereto). Principal shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal br superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Perfotmanim and Guarantee: $ 2.135.CIO cash,plus additional security,in the amount:$ 211.1365.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of. Cash,certified check or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance„ B. For PM t: Security in the amount:$_106,750.00 Such security is presented in the form of: which is fifty percent(50°lo)ofthe estimated cost ofthe work, Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor, subcontractors and to persons renting equipment or furnishing tabor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or anycombination of these and regardless ofwhether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,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 prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9, COSTS Principal shall pay when due, all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SURVEYS, Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work.as complete by the Board of Supervisors, 11. NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead, etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County, even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorneys fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. PLJDAad GAGrpDsta\EnSSv6Fo"\AG WORMAG-30,doe Rev. Octobw 25;1001 ..................... California All-Purpose Acknowledgement State of California } ss. County of Alameda On Aril 30, 2004 before me, Andrea J. Cohen,Notary Public,personally appeared Daniel Sawislak X Personally known to me Proved to me on the basis of satisfactory evidence To be the erson(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 capacty ies), and that by his/her/their signatures)on the instrument theep rson(s),or the entity upon behalf of which theep rson(s) acted, executed the instrument. WITNESS my hand and official seal. .ter..y -- —*17" — J, 'COHEN Commission -- — Commission# 1383330 Notary Public - California b > Alameda County My Comm.Expires Nov 4 2CXJ Signature of Notary Public Title of document: Subdivision Agreement,Bella Monte Apartments Subdivision: MS 02-0021 Bond No.: 6611.1560 PREMIUM: $4,72$.00 IMPROVEMENT;SEcuRITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision MS 02—q0211, as specified in the subdvision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBLIGATION: RESOURCES FOR COMMUNITY DEVELOPMENT as principal and LINCOLN GENERAL INSURANCE COMPANY , a corporation organized and existing under the laws of the State of PENNSYLVANIA and authorized to transact surety business in California, as surety, hereby jointly and severally hind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: TWO HUNDRED ELEVEN THOUSTHREGHUNDRED SIXTY—FIVE Dollars ($ 2113.365.00 }for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: ONE HUNDRED SIX THOUSAND SEVEN HUNDRED FIFTY Dohs($ 106,75Q..00 )to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the.tune 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 remain in full force and effect. As part of`_he obligation secured hereby and in addition to the face amount specified therefore,there shah',ie included reas;)nable costs,expenses and fees,including reasonable attorney's fees,incurred by the C;c,mty of Contra Costa(or city assignee)in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa (or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions 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 subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by the surety; and the surety hereby waives the provisions of California Civil Code Section 281.9 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND SEALED on MAY S 2004 PRINCIPAL: RESOURCES FOR COMMUNITY DEVELOPMENT SURETY: LINCOLN GENERAL INSURANCE COMPANY Address: 273Q TELEQRAFH AVENUE Address: B STREET. SJJITE 210Q City; BRICE EY Z-i --9-4-705--- � City: SAN DIEGO ip: 92101 By: By: Print Name: "D :�4wtslu�. Print Name: DAVID PAR S Title: ` t VW( Title: Attorney-in-Fact Mmw;lap GAGTData\EngSvc\Fomis\BN WOMBN-12.doc CP California All-Purpose Acknowledgement State of California ) ss. County of Alameda On May 5, 2004 before me,Andrea J.Cohen,Notary Public,personally appeared Daniel Sawislak X Personally known to me ❑ Proved to me on the basis of satisfactory evidence To be theep rson(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 ca acit (ies), and that by his/her/their signature(s)on the instrument the erson(s), or the entity upon behalf of which theep rson(s) acted, executed the instrument. WITNESS my hand and official seal. ANDREA J. COHEN �f Commission# 1383330 Notary Public - Californio b alzd�o QMyComrr ,AlamedaCountyi.Expires Nov d.20(76� Signature of Notary Public Title of document: Improvement Security Bond for Subdivision Agreement LINCOLN GENERAL INSURANCE COMPANY POWER of AITORNEY KNOW ALL MEN BY'THESE PRESENTS:That Lincoln General insurance Company,organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and atrooint: Carolyne Emery, Stephanie Warden,Robin Newman, David Harris its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds,undertakings,and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollars{$3,0013,000}and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 0 day of September,2002. RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures,and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpor a to be xrxi, these presents to be signed by its duly authorized officers this 4th day t 2402. " 4, ,,'�: INS Attest: Gd arYhojwani,Presid t ' 1377 The Commonwealth of Pennsylvania s .s York County Z*', On this 4th day of September,2002, before meronall cam C.Bhojwani,to me known, who being duly sworn,did depose and say.that he is the President of the Co in and which executed the above instrument:that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and that he executed the said instrument by like order and authority and the same was his free act and deed. A 1011% NotarialSeat The Commonwealth of Pennsylvania Catherine Marie Loose,Notary Yank County SPrtngettabury Twp.,York C My Comm#ssion Expsr+ee,3une 7 Notary Publr I, Gary Omdorf£, Secretary of Lincoln General Insurance Company, a corporation of the Comnionwralth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furtheimiore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF,I have hereunto set my hated and affixed the seal of said Company,at York,Pennsylvania, this day of MAY 2004 iElPlrt!!! BUZZY&r, 41��> p43AI � C, J. d ,Secretary _w 1977 i CALIFORNIA Ala.-PURPOSE ACKNOWLEDGMENT State of California ss. County of CONTRA. COSTA i On MAY 5, 2004 before me, DEBRA E. MILLER NOTARY PUBLIC Date Name and Title of Officer(e.g.,"Jane Doe,Notary Pub6o") personally appeared DAVID HARRIS personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(,V whose name() is/ap6 " I)EBRsubscribed to the within instrument and t-)13 .MILLER i.crtrmfxaitan 13fx9879 z acknowledged to me that he/�tel#fey executed i Notary Public-California the same in his/tyerlth9 r authorized [' (,.Ontm Coats County capacity(i ') and that by his/her/tMi, + qty Cumrst. rplre Jun 4,2006 signature?on the instrument the person`, or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. tiSignature of Notary Public ' I OPTIONAL � ( Though the information below is not required by law.it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document t Title or Type of Document: ` Document Date: Number of Pages: Signer(s)Other Than Named Above: i Capacity(ies) Claimed by Signer Signer's Name: 1 f r Individual Top of thumb here Corporate Officer—Title(s): 1 71 Partner—❑Limited ❑General ❑ Attorney-in-Fact ;l (. ❑ Trustee j f D Guardian or Conservator ❑ Other: Signer Is Representing: 1 0 1999 National Notary Association•9350 De Soto Ave.,P.O.®ox 2402•Chatsworth,CA 91313-2402•www.nallonalnotary.org Prod.No.5907 Reorder:Gall Toll-Free 1.800-876.6827 <9Phow 7I7=757 FAX# 727-M-0165 >3W Whiftfmg)KPO.Sm 3709, YK PA 17402-0136 Bond No. 66111560 TERRORISM RIDER NOTICE--FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act"), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set' forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 BOARD OF DIRECTORS OF RESOURCES FOR COMMUNITY DEVELOPMENT RESOLUTIONAPPROVING AND AUTHORIZING THE SITE ACQUISITIONAND FINANCING FOR BELLA MONTE APARTMENTS IN BAY POINT At a duly convened meeting of the Board of Directors of Resources for Community Development, California nonprofit benefit corporation(the "Corporation"),held on- 111Q48 0100.e following resolution was adopted: WHEREAS, the Borrower entered into a Disposition,Development and Loan Agreement dated March 11,2003 with Contra Costa County Redevelopment Agency(the "Agency")and The O'Brien Group, a California corporation("O'Brien") for the sale and purchase of a 9.22 acre site bounded by Pullman Avenue,Bella Monte Avenue,Fairview Street and Willow Pass Road in Bay Point(the"Property"). The property will be purchased in consideration of$1,830,1530. The Corporation will pay$714,640 for a portion of the site on which they will build apartments and O'Brien will pay$1,115,513 for the remainder of the site on which they will build single family homes. WHEREAS, the Corporation is the general partner of Bella Monte Apartments Limited Partnership (the"Partnership"), which was formed to acquire, construct, own, and operate the affordable housing development, consisting of 52 rental units known as Bella Monte Apartments (the"Project"); WHEREAS, the Corporation, on behalf of the Partnership has applied for the Project financing described below; WHEREAS, the Board of Directors of the Corporation has discussed the Project, the need for the Project financing listed below, and deems it to be in the best interests of the Corporation and the Partnership to acquire the Property and close the Project loans to be made to the Partnership; NOW, THEREFORE, BE IT RESOLVED: That the Corporation as the general partner of the Partnership hereby approves the following loans to be made to the Partnership, as well as the Federal Low-Income Housing Tax Credits awarded to the Project: 1. Construction/permanent,tax-exempt bonds from US Bank in an amount not to exceed 9,687,000; 2. Construction/permanent loan from the County of Contra Costa Redevelopment Agency in an amount not to exceed$2,252,462; 3. Construction/permanent loan from the County of Contra HOME/CDBG funds in an amount not to exceed $1,378,000; 4. Construction/permanent loan from the County of Contra HOPWA program funds in an amount not to exceed$370,000; T:\Admin\Board\Resolns\03\Lakeside CDBG.doc 5. Construction/permanent loan from the Federal Home Loan Banks' .Affordable Housing Program in an amount not to exceed$229,540; 6. Permanent loan from the State of California,Department of Housing and Community Development, in an amount not to exceed$3,101,692; FURTHER RESOLVED: That the purchase documents required by the Disposition,. Development, and Loan Agreement with the Agency(the"Purchase Documents"), the promissory notes, deeds of trust, security agreements, loan agreements,regulatory agreements, all other collateral documents, and all amendments, modifications and extensions thereof, including differently worded resolutions prepared by the lenders not inconsistent with this resolution (the"Loan Documents")required for the above- ,referenced loans are herby approved, subject to the review and approval of the final form of documents by the Executive Director,Daniel Sawislak, or the Acting Executive Director, and the counsel to the Corporation and/or Partnership, which review and approval shall be evidenced by the execution of the Purchase Documents and Loan Documents by the Corporation acting as the general partner of the Partnership. The Board of'Directors hereby directs and authorizes the Purchase Documents and Loan Documents to be executed by any one of the following officers of the Corporations, the general partner of the Partnership: President,Vice President, Secretary, Executive Director, or the Acting Executive Director FURTHER RESOLVED: That upon the execution of the Purchase Documents and Loan Documents, the Purchase Documents and Loan Documents shall be delivered to the seller or the appropriate lender, and when necessary or required by the purchase agreement or a lender, the Purchase Documents and Loan Documents shall be recorded or fled with the Contra Costa County Recorder's Office or the Secretary of State, as the case may be. FURTHER RESOLVED: That the President,Vice President, Secretary, Executive Director, and the Acting Executive Director,or any one of them is hereby authoritzed and directed by the Board of Directors to take any and all actions as may be deemed necessary or required by purchase agreement to purchase the Property or the above lenders and close the above loans, and to take all steps, and to do all things at all times including executing and delivering such other documents and making such payments as maybe necessary or deemed desirable for the purpose of implementing this resolution and rendering the Purchase Documents and Loan Documents valid and bindingobligations of the Partnership and the Corporation as its general partner. T:\Admin\Board\Resolns\031Lakeside CDBG.doc PASSED AND ADOPTED by the following vote: AYES: NAYS: ABSENT: The undersigned officer of Resources for Community Development certifies that the foregoing resolution is a true and correct copy of a resolution duly adapted on the date stated thereon, and that the resolution has not been amended or rescinded since the date of adoption and is in full force and effect as of the date below. DATE: �J- 1Lcq SIGNATURE: --' Stuart Stoller, President Resolution#04- T:lAdmin\Boa3rd\R.esolns\03\Lakeside CDBG.doc ....... ........ ... .. LVVNIT Vr9—A NIftALVSIM.. ::::: :::::::. :::::::. DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTRO R I TO THE TREASURER: MARTINEZ,CALIFORNIA a RECEWD FROM ORGANIZATION NUMBER iasr�*+f (For Cosh Collection Procedures we County Administrator's Bulletin 1 054 DESCRIPTION FUND/ORG Sull ACCT TASK OPTION ACTIVITY AMOUNT j�o D &y ad-nom $ , 5 G2lo i L L y I I t 1 +-1- 1 1 -L N. I >� p q)q& �. I IJV t 13i .i Q I I I I I i EXPLANATION: TOTAL $ I DEPOSIT Deposit Cort3is f the following items COIN and CURRENC $ CHECKS,M.O,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT . d� DAMaER 424132 SAY 61 ASSIGTE NED The amount of money described above is for Treasurer's receipt of above amount is apprrnrod: Receipt of above amount is hereby deposit into the County Treasury. acknowledged Sig Signed: .lq -r �/ tom` `� ---�7 Title 6j�'•Abil EXT. ` `T ° Deputy County Auditor Deputy County treasurer D-34 REV.(7-93) r, u } ..... ..... ..... ...... ..... . .. WUN i Y LM LUN I KA t.EJS IA t DEPOSIT PERMIT OFFICE OF COUNT`(AUDITOR-GONTROLL TO THE TREASURER: MARTINEZ,CALIFORNIA 1 RECEIVED FROM ORGANIZATIOKNUMBER. (Far cash Collection Procedures sea County Administrator's Bulletin 105.) SUL DESCRIPTION FUNDJORGt TASK OPTION ACTIVITY AMOUNT ACCT /j � 530 9q3j k ,V VW709S c PL At JG t � c -(` i2, itY1 t t ti f i' 9/05 L SC .2s)L: 0 - s I Fr 29. ( f L" , `0_017-114W-5 4 : f D 5 S' E EXPLANATION: ,. TOTAL $ 1 3 FrX3- -314) DEPOSIT ---.i9 15 �ls ( ! .�,�'`�C)�' (7/xf ��� Deposit consists of the f�olbwirx,�.iteitu . t COIN and CURRENCY $ CHECKS,Mm.ETC. $7)913C17. BAlwtDEPOsrrs $ 41 rY r FOR AUDITOR-CONTROLLER USE ONLY 47 16, cDEPOSIT PERMIT DP ` .Z fq ;2qS6 6 NUMBER yi DATE 1 1 T i T /j / l3J ASSIGNED The amount of money described above is for T ' receipt of above a unt is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged' tn�'���'�� ackrwwledgad Si / '.�.rraData & ��" /(/ Signed: YYY Tit {+ -A l..l.(i' EXT.-5 .2''.st `1 Deputy County Auditor Deputy.County Treasurer 0-34 REV.(7 93) — i 0648-9140 / 812100 : G1138295,$3,451.00 Sub 8151, Dough Valley Rd Maintence Fees, Brookfield Belrose LLC, 500 La Gonda Way, Suite 100, Danville, CA 94526 0682-9752 / 819200: G1138293,$656.00, SR4 Transportation;Permits Inv 910257, ADK Permit Services, Inc. , 127 Camellia Way, Modesto, CA 95354- 2814 0649-9665 / 831000: 61138823, $1,675.00, MS 21-02, Map Check Deposit, Resources for Community Development, Cowell Acct., 2730 Telegraph Ave, Berkeley, CA 94705 0649-9665 / 831000: 61138818, $1,000. DP 3001-03, Improvement Plan Review Development Permit Deposit, Jeremias Sanchez, 2 E Rose Ave, Bay Point, CA 94565 0649-9665 / 831000: 01138821, $12,198.50, MS 2101, Inspection Fee Deposit, Withers Properties LLC, 21 A Tiana Terrace, Lafayette, CA 94549 0649-9665 / 831000: G1138824, $55,494.00, RA 1162, Civil Improvement Plan Review, Contra Costa RE Investors LLC, 4155 Blackhawk Plaza Circle, Suite 201, Danville, CA 94506 819800-08170: G118823, $2,135.0 , MS 21-02, Performance Cash Bond, , Resources for Community Development, Cowell Acct., 2730 Telegraph Ave, Berkeley, CA 94705 5141014 CHICAGO$42 02-0021 Tax Collector's Office William J.Pollacek 625 Court Street Centra County Treasurer-Tax Collector Finance Building,Roam 100 P.0.Box 631 `" Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)6464122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations supervisor ©ate: 514/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE 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 subdivision entitled:, Tract MS# city T.R.A. 02-0021 BAYPOINT 79024 Parcel#: 096-020-078-0 086-020-079-8 056-020-085-5 096-020-087-1 096-020.088-9 086-020-086-2 096-020-097-0 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2003-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $27,500.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be resented to the County Tax Collector for review and a roval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax II r f By: ` ;f SUBDIVISION TAX BOND EXECUTED PURSUANT TO REQUIREMENT FOR SECURITY UNDER THE CALIFORNIA LAW RELATING TO SUBDIYiSIt1N8 Know All Men by These Presents: That We. RESOURCES FOR COMMUNITY DEVELOPMENT as principal, and LINCOLN GENERAL INSURANCE COMPANY , a corporation, duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California,as Surety,are held and firmly bound unto the County of Contra Costa in the stun o fTwenty-Seven Thousand,Five Hundred Dollars($27,500;00 ) lawful money of the United States of America, for the payment whereof well and truly to be made, we bind ourselves,our heirs, executor, successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT, WHEREAS,The owner(s)of a division of land representing a certain subdivision of real estate,to wit; M.S.02-0021 map intend(s)to file a map thereof with the Recorder of Contra Costa County;and WHEREAS, There are no liens against the subdivision or any part thereof for unpaid state, county, municipal or other local taxes or assessments collected as taxes except taxes or assessment not yet payable;and WHEREAS, The provisions of the Government Code of the State-of California require that this bond be filed with the Clerk of the Board of Supervisors of Contra Costa County prior to recordation of the tractlpwcel map; NOW,THERFORE,If the above-bounden principal shall pay when due all taxes and assessments,which at the time of filing said map,are a lien against the subdivision, or any part thereof, but not yet payable then this obligation shall be null and void;otherwise to remain in full force and effect The obligation of the surety hereunder shall arise immediately upon the failure of the above-bounden principal to pay when due to the County of Contra Costa the aforesaid taxes and assessments and shall remain in full force and effect until said taxes and assessments,including any supplemental assessments,are paid in full including any penalties incurred. In respect to such obligation the surety waives the benefit of the provisions of Section 2845 of the Civil Code of California. If legal action is required to recover under this bond,the protection afforded by it shall cover the payment of reasonable attorney fees. Signed and sealed this bond,the protection afforded by it shall cover the payment of reasonable attorney fees. Signed and sealed this 7TH day of MAY ,2004 BOND NUMBER 66111561 RRCE OR OMMUi�IITY DEVELOPMENT PREMIUM: $825.00 pr Sipa 4 By .„ This mast be acknowledged ` before a Notary Public Title R.C.D.2730 Telegraph Ave.,Berkeley Address (510)841-4410 Zip 94705 Telephone No. ` LINCOLN GENERAL INSURANCE COMPANY DAZE: D gp"LOVEDr BOND gEVIE' D Surety C TRA COSTA UNTY 701 B STREET, SUITE 2100 LLECTOt SAN DIEGO, CA 921'01 TRYR Address of Sur BY: By —MlDk Td ATT ORN Y—IN FACT Title California Ali Purpose Acknowledgement State of California } ss. County of Alameda On May 10, 2004 before me,Andrea J. Cohen,Notary Public, personally appeared Daniel Sawislak X Personally known to me ® Proved to me on the basis of satisfactory evidence To be theep rson(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hs/her/their ca city(ies), and that by his/her/their signature(s)on the instrument theep rson(s), or the entity upon behalf of which theep rson(s)acted, executed the instrument. WITNESS my hand and official seal. A\1 TA J. C©HEN Commission# 1363330 ')UMC Catifomio "•'n• < CIO Co��O , Y < >xr)iSignature of Notary Pu is Title of document: Subdivision Tax Bond LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Lincoln General Insurance Company,organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nommate,:constitute and ativoint: Carolyne Emery, Stephanie Worden, Robin Newman, David Harris its true and lawflal attorney(s)-in-fact to sign, seal and execute for and on its behalf,as surety,bonds,;undertakings, and other obligatory instruments of similar nature in an amount not to exceed Tbree Mdlllon Dollars(53,000,000)'.and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby gives arc hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 0 day of September,2042. RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing;the person(s) named as Attorney(*in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status ofthe appointment;may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and sear,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed, The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpo a to be ixed, these presents to be signed by its duly authorized officers this 4th day tj 2402. 115(! Attest: .' spRAtSa •. Gary I. d o; -- - t to s_ hojwani,Prssi t i 1977 :O The Comnumwealth of Pennsylvania = .X.i �, _ York County S0tj NSYIVa�,! .' On this 4th day of September, 2402,beforern omaa)I C. Bhojwani,to me known,who being duly sworn,did depose and say:that he is the President of the CoR ;M01M in and which executed the above itatrurnent:that he knows the seal affixed to the aforesaid instrument is such corporate seal and wale affixed thereto by order and authority of the Board,of Directors of said Company,and that he executed the said instrument by like order and authority and the same was his free act and deed. v Notadal Seat The Commonwealth of Pennsylvania Cattsehne Mans Loose,Ncta�r ' York County pring9ttsbury`Twp.,York C W Ccsmmlaslon Expires June t Notary Publt I, Gary Oindorff,Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a trill,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in hill force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at York,Perumsylvau* this 7TH day of MAY 2004 isittmrflrr°zi °r 4.` t31�N7'>r. •,Cs J. ,secretarry i 1977 sem` .. YL _... . ._ ......... ......... ......... ._....... ......... ......... ......... ......... _....._.. _ ......_ ........ ......... ........ ....... .......... ............ ._................_........ ...._........_.__.... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California i ss. County of CONTRA COSTA i i On MAY 7, 2004 before me, DEBRA E. MILLER NOTARY PUBLIC Date Name and Title of Officer(e.g.."Jane Doe,Notary Public") personally appeared DAVID HARRIS Name(s)at Signer(s) � M personally known to me Il proved to me on the basis of satisfactory evidence to be the person( whose name($) is/ap6 DEBRA E.MILLER subscribed to the within instrument and Carnms$ict;, 1?1�9�75 z acknowledged to me that he/�fie;rV6y executed Notary Public-Califomts the same in his/lAr/thO authorized t Contra Coate Ccju* capacity(i ), and that by; his/fAr/t4dir { emycomm.E)Oms Juno,20W signature(? on the instrument the personX,or the entity upon behalf of which the person} acted,executed the instrument. ; WITNESS my hand and official seal. SignatLA of Notary Puhhc ~' l OPTIONAL i Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent l fraudulent removal and reattachment or this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: l' Signer(s)Other Than Named Above: 1, Capacity{ies) Claimed by Signer l' ' Signers Name: i { 1 El Individual Top of thumb here C; Corporate Officer—Title(s): j 1 ❑ Partner—❑Limited ❑General i1 ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ; ❑ Other: Signer Is Representing: t - - - - - - - - - - - 4. = _ - - - - = - - _ - - - - _ C 1999 National Notary Association•9350 De Soto Ave.-P.O.Boz 2402•Chatsworth•CA 91313.2402•www.nationainotaN.org Prod.No.5907 Raorder.Call Tall-Free 1-900-876.6827 4t�!2�± Am n7- FA 277-M-0265 3 O A4P0-&w 3W. Yak PA 17402-0136 Bond No. 66111561 TERRORISM RIDER NOTICE--FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any foss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act"), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap sett forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02