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MINUTES - 06021998 - C17-C21
5 G THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 2, 1998, by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciami.lia, ,and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 981_22_8 Deerings Water Cade, Uncodified Acts Act 1656 § 31 West's Water Code, Appendix 64-31 Government Code§25526.6 SUBJECT: Conveyance of an Easement to Contra Costa Water District Project No. 7566-£D8306 Antioch Area The Board of Supervisors as the Governing Body of the Contra Costa County Flood Control and Water Conservation District RESOLVES THAT: Contra Costa County Flood Control and Water Conservation District acquired certain real property by various deeds from several Grantors, in the Southeast Antioch area. The Contra Costa Water District has requested an easement over a portion of said property, described in Exhibit "A" attached hereto, for its Los VaquerosPipeline. This Board FINDS that the conveyance of such easement is in the public interest and will not substantially conflict or interfere with the District's use of the property. The Board hereby APPROVES the Agreement for Purchase and Sale of Property between the Flood Control District and the Water District and AUTHORIZES the board chair to execute same on behalf of the Flood Control District. This Board hereby APPROVES and AUTHORIZES the conveyance of an Easement to Contra Costa Water District over the property described in Exhibit"A"attached hereto, pursuant to the above-referenced statutory authorities and the Board Chair is hereby AUTHORIZED to execute a Grant of Easement on behalf of the District in consideration for the payment received in full in the amount of$211,900.00 plus interest from the date they were allowed to begin use of the easement. The Real Property Division is DIRECTED to cause said Grant of Easement to be delivered to the grantee. ! hereby certify that this is a true and correct PBG:DD:Vpp copy of an action taken and entered on the G:kGrpData\RealPropl98-51BR27A-Jun2.doc minutes of the Board of Supervisors on the Orig.Dept.: Public Works(R/P) date shown. Contact: Donne Dawkins (313-2224) ATTBSTEC7: cc: Public Works Accounting PHIL BATCH LOR, Clerk of the Board Public Works Records of Supervisors and CotAnty Administrator Grantee(via R/P) f Recorder(via R/P) By A 1 16L, ; ;`� k Deputy RESOLUTION NO. 98/_218_ September 29, 1997 #97-01-002 Exhibit "A" 85 ft. Wide C.C.W.D. Right-of-Way and 40 Pt. Wide Temporary Construction Easement Across Parcel 1454.2, of the Undsey Basin,Contra Costs County, California PARCEL 1 +185' RIGHT OF WAYi A Right-of-Way and easement for water pipeline purposes and Incidents thereto, over, udder, across, and upon the following described real property in Contra Costa County, California. A strip of land crossing "PARCEL 1454.2" of the "Lindsey Basin" as said parcel is described in the Grant feed to Contra Costa County Flood Control and Water Conservation District recorded August 23, 1990 In book, 16068 at page 298, Official Records of Contra Costa County, said strip of land being 85.00 feet wide, lying 35.00 foot on the left lnortheaaasterlyl of and 50.00 feet on the tight (southwestarlyl of the following described line. 10021 Wteg at the westernmost corner of said "PARCEL 1454.2"{18068 O.R. 298}; thence along the southwestern boundary of said "PARCEL 1454.2", 8 359 52' 49" E, $92.20 feet to the True Point of Commencement of the fine herein described; thence departing said boundary, S 890 591 46" E, 212.00 Feet; thence S 880 44' 32" E, 461.02 fast; thence S 350 08' 09" E, 419.43 feet; thence S 460 29' 53" E, 260.63 feet; thence S 880 04' 20'E,258.85 feet;thence S 2$°36'42" E, 195.51 feet;thence S 350 10' 07" E, 685.64 feet;thence S 180 15' 34" E, 783.12 feet to the southern line of said "Parcel 1454.2" and the Terminus of the linea herein described.The side lines of the above described strip shell be:lengthened or shortaaned as required to terminets at the southwestern and southern boundaries of said "faarceal 1454.2% The above devorlbod strip of land contains an area of 6.35 acres, more or leers. Pa�.r.,iC gl 1A f4Q:Umporary.Coolog1r tom. easginant1.,, To Igglre OSefser 4. 1297 A temporary easement for purposes of construction and Incidents thereto, to moire October 4, 1987, over, upon and ,across the following described real property In Contra•Costs County, California- A strlp of land forty (40.00) fewest In width crossing "PARCEL 1454.2" of the "Lindsey Bassin" as said parcel Is described in the,; grant Dead to Contra Costa County Flood Control and Water Conservation District recorded August 23, 1990 In book 16088, at page 298, Official Records of Contra Costa County, the general southwestern boundary line of said strip being coincident with the general northeastern boundary line of the hereinabove described `PARCEL 1" from its commencement to its terminus. The side lines of the above described strip,shall be lengthened or shortened as required to terminate at the southwestern and southern boundaries of said "PARCEL 1454.2". The above described strife of land contains an area of 3.17 acres, more or less. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signastur ,ns *Q D ' ,4 Licensed Land Surveyor7.yt' Date 5 Di+ycos>r�tyafaa�twsr.s.w!<p September 29, 1597 #97.41.002 Exhibit "A" 85 Pt. Wide C.C.W.D. Right-of-Wee and 40 Ft. Wide Temporary Construction Easement.Across Parcel 1713.1, of the Lindsey Basin, Contra Costs County, California PABOEL 9 IN' 810QE WAY) A right-of-way and easentamt for water pipeline purposes and Incidents thereto, over, under, across and upon the following described real property in Contra Costa County, California: A strip of land crossing "PARCEL 1713.1" of the 'Lindsey Basin" as said parcel is described in the Grant peed to Contra Costs County Flood Control and Water Conservation District recorded January 5,1993 In book 18179 at page .299, Official Records of Central Costs County, said strip of land being 85.00 feet wide, tying 55.00 feet on the right (easterly) of and 50.010 feet on the left (westerly) of the following described line: Beginning at the westernmost corner of said 'P'ARCEL 1713.1" (18179 O.R. 298),thence along the general southern boundary of said *PARCEL 1713.1', the following courses: N 59°11`14"E, 334.35 feet,5 28°4432"E, 235.15 feet, and N 59°11'14"E,248,12 feet to the True Point of Conunancement of the line herein described; thence N 29000`3$"W, 54.33 feet; thence N 18°16`34"W, 738.94 feat to the northern boundary line of said "PARCEL 1713.1" and the Terminus of the line herein described. The side lines of the above described strip shelf be lengthened or shortened as required to terminate at the general northern and southern boundaries of said 'PAiRC5L 1713.1". The above described strip of band contains an eras of 1.57 acres,more or less. A temporary easement for purposes of construction and incidents thereto, to expire October 4, 1997, over, upon and across the following described real property in Contra Costa County California: A strip of land forty (40.00) feet in width crossing "PARCEL 1713.1" of the "Lindsey Bassin'as said parcel is ditscribed In the Grant Deed to Contra Costa County Flood Control and Water Conservation District recorded January 5, 1993 in Book 18179 at Page 299, Official Records of Contra Costa County, the southwestern line of sold strip being coincident with the northeastern line of the hersinaabove described "PARCEL 1" from its commencement to Its terminus. The side lines of the above desorib+ed strip shall be lengthened or shortened as required to terminate at the general northern end southern boundaries of said "PARCEL 1713.1". The above described strip of lend contains an area of 29,088 square feet, more or less. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signator Licensed land Surveyor to L44$552 Crate "�~ .�.���;,j�„�T,�" ��&►ars-d c+ Recorded at the request of: Contra Costa Water District P.O. Box H2O Concord, CA 94524 After recording return to: Contra Costa Water District P.U. Box H2O Concord, CA 84524 APN: 053-060-009 Los Vaqueros Pipeline 053-072-010 RANT OF EASEMENT AND AGREEMENT Can June 2, 1998 Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, and Contra Costa Water District, a',local governmental agency of the State of California, agree as follows: 1. For valuable consideration, receipt of which is hereby acknowledged, Contra Costa County Flood Control and Water Conservation District (hereinafter referred to as „Grantor") hereby grants to Contra Costa Water District (hereinafter referred to as "Grantee") an 85'wide perpetual nonexclusive easement and right of way and a 40' wide temporary construction easement in, over and under the land in the County of Contra Costa, State of California, a description of which is attached hereto, marked Exhibit"A" and incorporated herein. 2. The purpose for which this easement is hereby granted is to construct, install, operate, use, maintain, repair, relocate and replace therein and thereon water pipes, valves, controls, meters, and related water utility materials and appurtenances, surface and subsurface, together with a right-of-way of ingress and egress for equipment, vehicles and pedestrians over Grantor's maintenance and access roads. 3. The Grantor reserves the right to use the surface of the easement jointly with the Grantee, subject, however, to each and all of the following conditions: A. Grantor's rights shall include, but are not limited to, the right to reasonable use of the surface of said land including the right to place or remove fill on the easement at any location and to place landscaping in said easement. Grantee shall be given a 30-day time period to review and approve any plans for surface use, other than routine maintenance of flood control facilities, and such approval shall not be withheld as long as Grantor`s use does not unreasonably interfere with Grantee's facilities. B. Grantee agrees to install any future facilities at least five feet below the ultimate grades of the Lindsey Basin and East Antioch Creek. C. Grantee shall, prier to any construction or installation within the easement area, submit specific plans and specifications to Grantor for review and approval. Such approval, together with any additional requirements, shall be 1 in the form of a written permit. Grantee shall restore or return the surface of said easement to its pre-construction condition following any activity of any nature by Grantee. D. All of Grantee's facilities must support legal highway loads, as defined by Caltrans, plus fill. Grantee agrees to install future pipelines by jacking under the State Route 4 Bypass or placing sleeves prior to construction of the Expressway. New construction and maintenance shall not interfere with the operation of the roadway. E. Grantee acknowledges this easement is non-exclusive. Grantor reserves the right to install, or grant others the right to install, utilities pursuant to 3.A. above. F. Grantee agrees to relocate any or all of its existing facilities if required by Grantor, and adjust the height of any pipeline appurtenances that may be required because of future grade alterations, at its own expense. Grantee agrees that any future facilities will be Installed at least five feet below the planned grade of the State Route 4 Bypass or any other planned roads and that if Grantee does install at such elevation, any relocation caused by a revision of the grade of the road shall not be at Grantee's expense. 4. If all or any portion of the surface access rights included in the easement described in Exhibit"A"become unnecessary to Grantee's operations by reason of reasonable alternative access to Grantee`s facilities provided by future streets and roads, Grantee shall reconvey to grantor such unnecessary surface rights included in said easement at the request of Grantor. S. ,There are no oral or written leases, other than the December 3 1992 lease to Ron Nunn, on all or any portion of the property described in Exhibit"A"which will impair Grantee's use and enjoyment of said easement. Grantor will not grant any leases, easements, or take any action which would unreasonably interfere with Grantee's use and enjoyment of said easement. 8. Grantor agrees that no structures will be constructed by Grantor or authorized by Grantor within the easement. 7. Grantor and Grantee shall require all their respective contractors or contractors' assignees who shall undertake construction on any portion of the real property within or near said easement to list the other party as an additional Insured on the contractor's project policy and further require the contractor to indemnify both parties in a like manner. 8. A. Grantee shall defend, indemnify, save, and hold harmless Grantor and its officers and employees from any and all claims, costs, and liability for any damages, injury, or death arising from or connected with the design, construction, operation, and maintenance of all facilities which may be constructed within said easement, due to or claimed or alleged to be due to negligent or wrongful acts, errors, or omissions of Grantee, its agents, contractors or employees, including but not limited to Hability arising from injury or death to members of the public using the property being conveyed and any immediately adjacent real property owned by the Grantor and shall reimburse Grantor for any expenditures, including reasonable attorney's fees Grantor may make by reason of such matters. Grantee shall also be responsible for 2 any and all damages arising out of inverse condemnation concerning the design and construction of facilities to be built within the easements being conveyed to the extent of the share of the damages proved corresponding to Grantee's actual portion of the overall fault. B. Grantor shall defend, indemnify, save, and hold harmless Grantee and its officers and employees from any and all claims, costs, and liability for any damages, injury or death arising from or connected with design, construction, operation and maintenance of all facilities, solely owned or controlled by Grantor due to or claimed or alleged to be due to negligent or wrongful acts, errors,or omissions of Grantor, its agents,contractors or employees, including but not limited to liability arising from injury or death to members of the public using its real property, and shall reimburse Grantee for any expenditures, including reasonable attorney's fees, Grantee may make by reason of such matters. Grantor shall save and hold Grantee harmless from any and all damages arising out of inverse condemnation concerning all Grantor's activities occurring with the easement being conveyed only to the extent of the share of damages proved corresponding to Grantor's actual portion of the overall fault. C. Grantee accepts the property conveyed pursuant to this easement in an "as is" physical condition, with no warranty express or implied on the part of the Grantor as to any matter, including but not limited to the condition of the soil, water, subsurface strata or ambient air in, on, under at or in the vicinity of the property, other than as is specifically set forth in Section 5 of the Agreement for Purchase and Sale of Real Property dated . Grantee agrees that neither Grantee, its heirs, successors or assign shall ever claim, have or assert any right or action against Grantor for any loss, damage or other matter arising out of or resulting from the presence of any hazardous substance or any other condition of the property at the commencement of the easement or from the release of any hazardous substance in, on or around any part of the property or in the soil, water, subsurface strata or ambient air by any person or entity other than the Grantor following the commencement of this easement. As used herein, "hazardous substance" means any substance, material or waste which is or may become designated, classified or regulated as being "toxic,""hazardous"or a 'pollutant"'under any federal, state or local law, regulation or ordinance. Nothing in this section is intended in any way to restrict the right of Grantee to seek contribution or indemnity from any person or entity other than Grantor whose activities are a cause of any discharge, leakage, spillage or emission of hazardous materials on or to the property. To the extent permitted by law, Grantee shall indemnify, defend, save, protect and hold the Grantor harmless from and against any and all claims, demands, liabilities,expenses(Including without limitation attorneys fees and consultants fees), penalties, damages, consequential damages and 'losses, and costs (including but not limited to the costs of any required or necessary testing, remediation, repair, removal, cleanup or detoxification of the property and surrounding properties and from and against the preparation of any cleanup, remediation, closure or other required plans whether such action is required or necessary prior to or following the termination of the easement), of any kind or naturae, arising out of or connected with Grantee's operation or performance under this easement, including all costs, claims, damages(including property and personal injury)arising out of or connected with tate uncovering, release or excavation of hazardous materials (including petroleum) as a result of 3 Grantee's construction, reconstruction, maintenance, use, replacement, or removal of its facilities. D. The obligations contained in this section shall survive the expiration or other termination of this easement. 9. This agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the respective parties hereto. GRANTOR: GRANTEE: Contra Costa County Flood Control Contra Costa Water District &Water Conservation District ABOVE TERMS AND CONDITIONS APPROVED BY GRANTEE BY ��. " Ij J By Chair, Board of Supervisors (Title) APPROVED AS TO FORM: By: Contra Costa Water District Legal Counsel STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On �= -21 19 '� before me, Phil Bgftchelor, Clerk of the Board of Supervisors and County Administrator,Contra Costa County, personally appeared is personally known to me (roved to rKe on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the within instrument and acknoMledged to me that hetshetthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the Instrument. By: c_ -- APPROVED AS TO FORM Victor J.Westman uns I .... uty Do:glo O:lGrpflatalReaiProplgS41osvaquerosesse.wpd May 20, 1598 4 __... ...................................................................................................................... .. .............................................................................. ........................................ EXHIBIT •'A" s97-01-002 86 Ft. Wide C.C.W.D. Right-of-Way and 40 Ft. Wide Temporary Construction Easement Across Parcel 1454.2, of the Lindsey Basin, Contra Costa County, California PARCEL 1 (85' R19RT OF WAY) A Right-of-Way and easement for water pipeline purposes and incidents thereto, over, under, across, and upon the following described real property in Contra Costa County, California: A strip of land crossing "PARCEL 1454.2" of the "Lindsey Basin" as said parcel is described in the Grant Deed to Contra Costa County Flood Control and Water Conservation District recorded August 23, 1990 in book 16068 at page 298, Official Records of Contra Costa County, said strip of land being 85.00 feet wide, lying 35.00 feet on the left (northeasterly) of and 50.00 feet on the right (southwesterly) of the following described line: Beginning at the westernmost corner of said "PARCEL 1454.2"(16068 O.R. 298); thence along the southwestern boundary of said '"PARCEL 1454.2", S 36° 52' 49" E, 592.20 feet to the True Point of Commencement of the line herein described; thence departing said boundary, S 89° 59' 45" E, 212.00 Feet; thence S 88° 44' 32" E, 481.02 feet; thence S 350 06' 09" E, 419.43 feet; thence S 450 21' 53" E, 260.63 feet;thence S 88°04' 20' E, 258.55 feet;thence S 28° 36' 42" E, 195.51 feet; thence S 350 10' 07" E, 685.60 feet; thence S 180 15' 34" E, 783.12 feet to the southern line of said "Parcel 1454.2" and the Terminus of the line herein described. The side lines of the above described strip shall be lengthened or shortened as required to terminate at the southwestern and southern boundaries of said "Parcel 1454.20. The above described strip of land contains an area of 6.35 acres, more or less. Parcel 1A M' TemE tg_r_&y Cggillycti n Easement) To Egbire October 4. 199.7 A temporary easement for purposes of construction and incidents thereto, to expire October 4, 1997, over, upon and across the following described real property in Contra Costa County, California: A strip of land forty (40.00) feet in width crossing 'PARCEL 1454.2" of the "Lindsey Basin" as said parcel is described in the Grant Deed to Contra Costa County Flood Control and Water Conservation District recorded August 23, 1990 in book 16068, at page 298, Official Records of Contra Costa County, the general southwestern boundary line of said strip being coincident with the general northeastern boundary line of the hereinabove described "PARCEL 1" from its commencement to its terminus. The side lines of the above described strip shall be lengthened or shortened as required to terminate at the southwestern and southern boundaries of said "PARCEL 1454.20. The above described strip of land contains an area of 3.17 acres, more or less. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. LMAND 57 SignaturypNi) Licensed Land Surveyor Q ,ret ' L.S.3552 Date9 14 " 6-3.0 o:PROM 97010=104.1VIM P.O.B. >� EXHIBIT "A" 3 t Cts GJt T.P.O.C. 'B46t 02z" O rip S35'06'09'E j y 419.43 -c4c, � 01 .6. ca �ip o (A Cf3 +� :.n N= Boundary dimensions of parcel 1454.2 shown � hereon are deed record. and do not represent a field survey. (See 16068 O.R. 298) PARCEL 1 85' C.C.W.D. ROW AREA - 6.35 Acres, t CA 0 535'10'07"E DELTA/ ARCLENGTH/ 685.60 NO. BEARING DISTANCE RADIUS ; <r.) 5 28'36`42'" E 195.51' S 88104'20" E 258.55' PARCEL 1454.2 S 45`21'53" E 260.63' 16068 OR 298 x U 5 89'59'45" E 212.00' APN 053 060 00 Cc ( 00'49`11" 327.17' 22868.33' i t 4 S 34'46'46' E 261.66' `( PARCEL 1 A {'w 5 48'23'04" W 65.00' rn AREA= T.C.E. 17 Acres. t j N 88ro5'2W w 202.41' s16'15`34"E LEGEND 783.12' APN Assessors Parcel No. P.O.B. Point of Beginning of Legal Description By Choudhary do Associates. Inc. Doted Sept. 29. '97 T.P.O.C. True Point of Commencement N63'47'49"W T.C.E. Temporary Construction Easement 437.00' 554'57`11"W A Central Angle of Arc OR Official Records 746.95' CK,►.vnrizr Assous, txc. SCALE : 1"-400' PROPERTY & EASEMENT ACQUISITIONPLAT DATE: SEPT. 29. 1997 85' WIDE C.C.W.D. ROW . AND 40' WIDE T.C.E FILE No. 97-01-002 UNOSEY BASIN CONTRA COSTA COUNTY. CAUFORNiA EXMIT •rArr #97-01-002 85 Ft. Wide C.C.W.D. Right-o#-Way and 40 Ft. Wide Temporary Construction Easement Across Parcel 1713.1, of the Lindsey Basin, Contra Costa County, California PARCEL 1 185 HT 0 WAY) A right-of-way and easement for water pipeline purposes and incidents thereto, over, under, across and upon the following described real property in Contra Costa County, California: A strip of land crossing "PARCEL 1713.1" of the "Lindsey Basin" as said parcel is described in the Grant Deed to Contra Costa County Flood Control and Water Conservation District recorded January 5,1993 in book 18179 at page 299, Official Records of Contra Costa County, said strip of land being 85.00 feet wide, lying 35.00 feet on the right (easterly) of and 50.00 feet on the left (westerly) of the following described line: Beginning at the westernmost comer of said "PARCEL 1713.1" 0 8178 0.R. 299); thence along the general southern boundary of said "PARCEL 1713.1", the following courses: N 59,311,14"E, 334.35 feet, S 28044`32"E, 235.15 feet, and N 59°11'14"E, 248.12 feet to the True Point of Commencement of the line herein described; thence N 29°00'36"W, 54.33 feet; thence N 18°15'34"W, 738.94 feet to the northern boundary line of said "PARCEL 1713.1" and the Terminus of the line herein described. The side lines of the above described strip shall be lengthened or shortened as required to terminate at the general northern and southern boundaries of said "PARCEL 1713.1". The abode described strip of land contains an area of 1.57 acres, more or less. Paml 1A 140TemporaryConstruction Easement_to_Exoire October 4. 1997 A temporary easement for purposes of construction and incidents thereto, to expire October 4, 1997, over, upon and across the following described real property in Contra Costa County California: A strip of land forty (40.00) feet In width crossing "PARCEL 1713.1" of the "Lindsey Basin" as said parcel is described in the Grant Deed to Contra Costa County Flood Control and Water Conservation District recorded January 5, 1993 in Book 18179 at Page 299, Official Records of Contra Costa County, the southwestern line of said strip being coincident with the northeastern line of the hereinabove described "PARCEL 1" from its commencement to Its terminus. The side lines of the above described strip shall be lengthened or shortened as required to terminate at the general northern and southern boundaries of said "PARCEL 1713.1". The above described strip of land contains an area of 29,088 square feet, more or less. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signatur C`+ -i' a ID Licensed Land Surveyor `trt � LS-3552 Date `"� yiW'' ! ftri°•L"30-o0 4F CA1.�'� D.1FRo1EC'rm470i o=t7i 3-I.WM EXHIBIT "A" PARCEL 1454.2 15058 OR 298 PARCEL 1 55' 85' C.C.W.D. ROW , AREA - 1.57 Acres, # 50 CONTRA COSTA CO. PARCEL 1A LINDSEY CHANNEL 40' T.C.E. AREA 29.088 S.F. C4 �y PARCEL 1713.1 18179 OR 299 APN 053 072 010 <Z) ag9 d: P.O.B. NOTE Boundary dimensions of parcel 1713.1 shown hereon are deed record, and do not represent a field survey. PORTION OF PARCEL 4 {See 18179 O.R. 299} LEGEND 10834 OR 480 APN Assessors Parcel No. P.O.B. Point of Beginning of Legal Description N0, I IgARING DISTANCE By Choudhory do Associates. Inc. <E) N 48'23'04" E 85.00' T.P.O.C. True Point of Commencement T.C.E. Temporary Construction Easement N 29'00'38" W 54.33' & Central Angle of Arc OR Official Records C&tUD3 AYtY A .soc ►Tes, txc. SCALE 1•=200' PROPERTY & EASEMENT ACOUISITION PLAT " ".«'�'�'•"`�•`°`°" DATE. SEPT. 29, 19985' WIDE C.C.W.©. ROW ..�*;;: AND 40' WIDE T.C.E. FILE No. 97-01-002 UNDSEY BASIN CONTRA COSTA COUNTY, CAUFORNiA District Project.: Los Vaqueros Project Escrow No.: 9310046 Assessor's Parcel No.: 053-072-010 and 053-060-009 Seller: Contra Costa County Mood control and Water Conservation District CONTRA COSTA WATER DISTRICT Agreement for Purchase and Sale of Real Property This Agreement made on , 1998, by and between the Contra Costa Nater District, a public entity herein referred to as `Buyer", and Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter referred to as "Seller". In consideration of which, and the other considerations hereinafter set forth, it is,'mutually agreed as follows: 1. DESCRIPTION OF PROPERTY: Seller warrants that it is the owner of the fee title of real property in the County of Contra Costa designated as Assessor's Parcel(s) 053-072-010 and 053-060-009, and particularly described in Exhibit"A"attached hereto and incorporated herein,and hereinafter referred to as"the Property". 2. PURCHASE: Seller shall sell to Buyer and Buyer shall purchase a permanent easement from Seller covering approximately 7.72 acres of the Property as identified in Exhibit "B" attached hereto and incorporated herein,on the terms and conditions herein set forth. 3. TEMPORARY CONSTRUCTION EASEMENT{TCE). In addition to the granting of the permanent easement rights, Seller hereby grants to Buyer a temporary construction easement (TCE) for the use and storage of tools, machinery, materials and equipment by Buyer, over and upon that certain real property identified on Exhibit `B" attached hereto and made a part hereof, together with the right of ingress to and egress from said property and the right at all times to enter over and upon said real property and every part thereof and also to use said real property for all purposes connected with the construction of the Los Vaqueros Project. The duration of the TCE shall be for three (3) consecutive years beginning on October 4, 1994 and terminating at the end of construction or October 4, 1997, which ever occurs first. Unless otherwise agreed between Buyer and Seller, Buyer agrees upon completion of any of its works hereunder to restore, as near as possible the surface of the area identified in Exhibit "B" (including the permanent casement and the TCE) to the condition in which it was prior to the commencement of the work related to the public project. The provisions of this paragraph shall survive the termination of the TCE. 4. PURCHASE'PRICE PLUS: The purchase price of the property shall be Two Hundred Eleven Thousand Nine Hundred and No/100 Dollars ($211,900.00). The purchase price includes payment in fullfor the permanent easement and the TCE described herein. In addition to the purchase price, the Buyer shall pay 5% simple interest on said $211,900 from October 4, 1994, the date of the Right of Entry executed by Seller until paid. 5. HAZARDOUS MATERIALS: Seller hereby represents and warrants that during the period of Seller's ownership of the property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous waste on,from or under the property. Seller further represents and warrants that Seller has no knowledge of any disposal, release or threatened release of hazardous substances or hazardous wastes, on, from, or under the property which may have occurred prior to Seller taking title to the property. The acquisition price of the property rights being acquired in this transaction reflects the fair market value of the property rights without the presence of contamination. If the subject property is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, Buyer may elect to recover its cleanup costs from those who caused or contributed to the contamination. However, no obligation for such cleanup is imposed on Buyer by this agreement. 6. 'TITLE: The title' to be delivered by Seller to Buyer shall be free and clear of all liens, leases, encumbrances,deeds(recorded and/or unrecorded),assessments and taxes except: (A)Title exceptions 1-17, and 19-21 as listed in the North American Title Company report dated May 1,1998,No. 9310046 relating to the Property attached hereto as Exhibit"C„ (B)Buyer shall have the authority to deduct and pay from the purchase price any amount necessary to satisfy any liens, bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments, which may have become a lien at the close of escrow. 7. ACKNOWLEDGEMENT OF QUITCLAIM BY SELLER AND BUYER'S RELOCATION RESPONSIB, Seller acknowledges that it has received a Quitclaim Deed from the United States Bureau of Reclamation pertaining to that certain real property or right of way covered by Lateral 7.1 within the Lindsey Basin. Buyer understands that the legal description of said Quitclaim Deed does not include a portion of lateral 7.1 which is still needed for agricultural uses. It is agreed between the parties that once the remainder of Lateral 7.1 is no longer required, the District shall request the United States Bureau of Reclamation quitclaim it to the Seller. In the event Seller requires use of the surface of the property covered by Lateral 7.1 for road construction purposes, Buyer agrees that it shall be responsible for relocation of the remaining portion of Lateral 7.1. Said relocation of the facility shall be at Buyers cost. Scheduling and details of the relocation shall be mutually agreeable between Buyer and Seller. Buyer shall not be responsible for said relocation if facility has been abandoned in place or will be abandoned in place within 6 months of Seller's written advisory to Buyer that Seller requires use of the property surface for road construction purposes. This provision shall survive the close of escrow covering this transaction. 8. ESCROW This transaction shall be handled by an escrow with North American Title Company (Title Company) wherein Seller shall deposit grant of easement to the property and TCE and Buyer shall deposit the purchase price of the Property. Conveyance of the easement rights and the TCE shall be evidenced by the Grant of Easement and Agreement as show on Exhibit D, attached"hereto and incorporated herein. Buyer shall pay for any and all closing costs, including but not limited to escrow fees, title insurance, recordation costs, title transfer fees, etc. Taxes to the date of sale shall be paid by Seller. 9. REPRESENTATIONS OF SELLERS: Sellers warrant that, except for the lease with Ronald E. Nunn dated December 3, 1992, there are not oral or written leases on all or any part of the property. 10. ENTIRE AGREEMENT: The parties have set forth herein their entire agreement. The performance of this agreement constitutes the entire consideration for the purchase of the permanent easement and the TCE herein and shall release the Buyer of all claims and obligations related to the use by the Buyer of the Property. NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED GRANTOR: GRANTEE: Contra Costa County Flood Control Contra Costa Water District and Water Conservation District Cham d of Supervisors Walter J. Bishop,General Manager ......... ......... ......_.. ..... ............ ..._..... ......... ......... ......... ....__... __.._ .__..._.. ._....... ......... ......... ......... .......................................................................................................... ........_..._................ State of California County of Contra Crista whos personally know to me(or proved to me on the basis of satisfactory evidence)to be the person who executed this instrument as the above styled officer(s)of the above-named public corporation agency or political subdivision of the State of California personally appeared before me today and acknowledged that said public entity executed it. Dated. - lc" c By, /l F J �vr�v t G((G✓.fes Phil Batchelor, Clerk of the Board of Supervisors and County Administrator APPROVED AS TO FORM: Y. By; County Counsel District Counsel CCCFDCMtMCLdoc Exhibit A Description: The land referred to herein is situated in the State of California, County of CONTRA COSTA, UNINCORPORATED, described as follows: PARCEL ONE: A PORTION OF THE NORTH 1/2 OF SECTION 34, TOWNSHIP 2 NORTH, RANGE 2' EAST, MOUNT D'IABLO MERIDIAN, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHWEST LINE OF THE SOUTHERN PACIFIC RAILROAD 100 FEET IN WIDTH RICHT OF WAY, AS DESCRIBED IN THE DEED TO SAN PABLO AND TULARE RAILROAD RECORDED JANUARY 30, 1872 IN'BOOK 22 OF DEEDS AT PAGE 510 RECORDS OF SAID COUNTY, AND THE SOUTH LINE OF THE PARCEL DESCRIBED 1N THE DEED TO UNITED STATES OF AMERICA' RECORDED MARCH 10, 1538, IN BOOK 463 OF OFFICIAL RECORDS AT PAGE 19,.' RECORDS OF SAID COUNTY FROM WHICH A RADIAL LINE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 22,868.33 FEET BEARS SOUTH 490 22' 19" WEST; THENCE FROM SAID POINT OF BEGINNING ALONG SAID SOUTHERN PACIFIC' RAILROAD RIGHT OF WAY, THROUGH A CENTRAL ANGLE OR 20 12' 08" AN ARC LENGTH OF 878.91 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE EAST 112 OF SAID SECTION 34, SAID POINT ALSO BEING THE MOST NORTHERLY POINT OF THAT PARCEL OF LAND DESCRIBED AS PARCEL FOUR IN THE DEED TO RONALD E. NUNN RECORDED JUNE 30, 1982 IN BOOK 10834 OF OFFICIAL RECORDS AT PAGE 480, RECORDS OF SAID COUNTY; THENCE LEAVING SAID POINT SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID NU'NN PARCEL (10834 OR 480) ALSO BEING THE SOUTHWESTERLY LINE OF SAID SOUTHERN PACIFIC RAILROAD RIGHT OF WAY, ALONG THE ARC OF CURVE CONCAVE TO THE SOUTHWEST THE CENTER OF WHICH BEARS SOUTH 510 34' 27" WEST, HAVING A RADIUS OF 22,868.33 FEET; THROUGH A CENTRAL ANGLE OF 00 49' 11", AN ARC LENGTH OF 327.17 FEET TO THE BEGINNING OF COMPOUND CURVE CONCAVE TO THE SOUTHWEST THE CENTER OF WHICH BEARS SOUTH 520 23' 38" WEST HAVING A RADIUS OF 24,074.56 FEET THROUGH A CENTRAL ANGLE OF 20 49' 36", AN ARC LENGTH OF 1,187.70 FEET; THENCE TANGENT-TO SAID CURVE SOUTH 340 46' 46" EAST 261.66 FEET; THENCE LEAVING SAID LINE SOUTH 540 57' 11" WEST 748.95 FEET; THENCE NORTH 630 47` 49" WEST 437.00 FEET; THENCE SOUTH 48i0 23' 04" WEST 85.00 FEET TO THE EAST LINE OF THAT STRIP OF LAND DESCRIBED AS PARCEL TWO IN THE "DECREE FOR FINAL DISTRIBUTION AND FOR PAYMENT OF EXTRAORDINARY ATTORNEY'S FEES" FOR THE ESTATE OF GIUSEPPINA JACUZZI, RECORDED NOVEMBER 1, 1984 IN BOOK 12046 OF OFFICIAL RECORDS AT PAGE 878, THENCE NORTH 880 05'' 28" WEST 202.41 FEET; THENCE NORTH .42° 07' 49" WEST 1,513.56 FEET; THENCE NORTH 280 5849" WEST 460.00 FEET; THENCE NORTH 360 52' 49" WEST 1,100.40 FEET TO AN ANGLE POINT IN THE BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN THE DEED TO UNITED STATES OF AMERICA RECORDED MARCH' 10, 1938 IN BOOB Page 9 of 15 5TH SUPPLEMENTAL Order No. 9310046 463 OF .OFFICIAL RECORDS AT PAGE 17, RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF SAID U.S.A. PARCELS (463 OR 17 AND 463 OR 191 NORTH 890 39' 30" EAST 1,558.35 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING: 1. ALL OIL, GAS,CASINGHEAD GASOLINE AND OTHER HYDROCARBON AND MINERAL SUBSTANCES BELOW A POINT 500 FEET BELOW THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT TO TAKE, REMOVE, MINE, PASS THROUGH AND DISPOSE OF ALL SAID OIL, GAS, CASINGHEAD GASOLINE AND OTHER HYDROCARBON AND MINERAL SUBSTANCES, BUT WITHOUT ANY RIGHT WHATSOEVER TO ENTER UPON THE SURFACE OF SAID LAND OR UPON ANY PART OF SAID LAND WITHIN 500 FEET THEREOF. 2. THAT PARCEL DESCRIBED AS PARCEL TWO IN "DECREE OF FINAL DISTRIBUTION AND FOR PAYMENT OF EXTRAORDINARY ATTORNEYS' FEES" FOR THE ESTATE OF GIUSEPPINA JACUZZI RECORDED NOVEMBER 1, 1984 IN BOOK 12046 OF OFFICIAL RECORDS AT PAGE 878. PARCEL TWO: REAL P'ROPE'RTY IN THE EAST HALF OF SECTION 34, TOWNSHIP 2 NORTH, RANGE 2 EAST, MOUNT DIABLO MERIDIAN, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, BEING A'PORTION OF THAT PARCEL OF LAND DESCRIBED AS PARCEL FOUR IN THE DEED TO RONALD E. NUNN RECORDED JUNE 30 1982 IN VOLUME 10834 OF OFFICIAL RECORDS AT PAGE 480, FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE'RAILROAD SPIKE MARKING THE NORTH QUARTER CORNER OF SECTION 34 (T2N, R2E) BEING THE INTERSECTION OF LAUREL ROAD AND LIVE OAK ROAD; THENCE ALONG THE WEST LINE OF THE EAST HALF OF SECTION 34, SOUTH 000 33' 27" WEST 595.62 FEET TO A RAILROAD SPIKE MARKING THE INTERSECTION OF LIVE OAK ROAD AND NEROLY ROAD; THENCE CONTINUING ALONG< SAID WEST LINE, SOUTH 000 33' 27" WEST 1,918.53 FEET, TO THE POINT OF BEGINNING ON THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED AS PARCEL 1 (PARCEL 1454.2) IN THE DEED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RECORDED AUGUST 23, 1990 IN VOLUME 16068 OF OFFICIAL RECORDS AT PAGE 298; THENCE FROM THE POINT OF BEGINNING ALONG THE BOUNDARY OF SAID PARCEL. 1 (16068 O.R. 298) AS FOLLOWS: (1') NORTH 480 23' 04" EAST 85.00 FEET, (2) SOUTH 630 47' 49" EAST 437.00 FEET, (3) NORTH 540 57' 11" EAST 190.81 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A" AND (4) NORTH 540 57' 11" EAST 558.14 FEET TO THE NORTHEAST LINE OF SAID NUNN PARCEL FOUR (10834 O.R. 480), THENCE ALONG SAID NORTHEAST LINE, SOUTH' 340 46' 46" EAST 734:58 FEET; THENCE LEAVING SAID NORTHEAST LINE, SOUTH' 590 11' 14" WEST, 1,274.12 FEET, THENCE NORTH 280 44' 32'" WEST 235.15 FEET; THENCE SOUTH 590 11' 14" WEST 334.35 FEET, TO THE WEST LINE Page 10 of 15 5TH SUPPLEMENTAL Order No. 8310046 1 OF SAID NUNN PARCEL FOUR (10834 O.R. 480), THENCE ALONGSAID WEST' LINE,NO'RTH 00 33' 27" EAST 924.25 FEET, TO THE POINT OF BEG'INNIN'G. EXCEPTING THEREFROM THE FOLLOWING: 1 . ALL OIL, RIGHTS, MINERALS, MINERAL, RIGHTS, NATURAL CTAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE P'ARC'EL OF LAND HEREINABOVE DESCRIBED, TOGETHER` WITH THE PER'PET'UAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFROM' AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBE, OIL OR GAS WELLS, TUNNELS AND SHAFTS' INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE'' DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCK OR DIRECTIONALLY DR'ILLIN'G' WELLS, TUNNELS,AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR' LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN' AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE 'SUBSURFACE OF THE LAND HEREINABOVE OR OTHERWISE IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY PUBLIC FACILITY THAT MAY BE CONSTRUCTED ON SAID LANDS. 2. THAT PARCEL GRANTED IN THE DEED FROM RONALD,E. NUNN TO CONTRA COSTA' FLOOD CONTROL AND WATER CONSERVATION DISTRICT, RECORDED JANUARY 5, 1993, INSTRUMENT NO. 93-2625. 3. THAT PARCEL DESCRIBE IN THE "QUITCLAIM DEED" FROM CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO CONTRA COSTA COUNTY RECORDED FEBRUARY 1, 1994 INSTRUMENT NO. 94-29515 AND MORE FULLY DESCRIBED AS FOLLOWS: A PORTION OF THE EAST 112 OF SECTION 34 TOWNSHIP 2 NORTH, RANGE 2 EAST' MOUNT DIABLO MERIDIAN, BEING A PORTION OF THOSE PARCELS GRANTED TO CONTRA COSTA_COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT' PARCEL NUMBER 1 {1454.2} RECORDED AUGUST 23, 1990 IN BOOK 16068 OF OFFICIAL RECORDS AT PACE 298 AND PARCEL NUMBER 1713.1 RECORDED' JANUARY 5, 1993 IN BOOK 18179 OF OFFICIAL RECORDS AT PAGE 299 RECORDS OF CONTRA COSTA COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: Page 11 of 15 5TH SUPPLEMENTAL Order No. 9310046 BEGINNING AT THE MUST EASTERLY CORNER OF SAID PARCEL: 1713.1 (18179 OR 299); THENCE FROM THE POINT OF BEGINNING ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1713.1 SOUTH 590 11' 14" WEST 427.02 FEET; THENCE LEAVING SAID LINE NORTH340 46' 46" WEST 590.00 FEET; THENCE 'NORTH 8° 03` 58" EAST 177.93 FEET; THENCE NORTH 550 13' 14" EAST 305.40 FEET TO THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD 100 FEET IN WIDTH RIGHT OF WAY AS DESCRIBED IN THE DEED TO THE SAID PABLO AND TULARE RAILROAD RECORDED JANUARY 30, 1872 IN BOOK 22 OF DEEDS AT PAGE 510 RECORDS AT SAID COUNTY; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 340 46' 48" EAST 750.00 FEET TO THE POINT OF BEG'INNI'NG. ASSESSORS PARCEL NO. 053-060-009; 053-072-010 Page 12 of 15 5TH SUPPLEMENTAL Order No. 9310048 LAUREL. ROAD 2T 26 w. . as a g pmt{ Mrn 02 t O ,. r rn S � a N kl r C) 14 "1 y . rn M V n 1 e , T y F . o { air41 F 1 4 g F d L # c� •4t7t7' !M Y P f [ r ' W1. 3 '$ a w� 34 C1'1 r �� I co ry aYk.fs+kdA : JIB L R3 33 34 CONTRA COSTA j- CANAL •+f... w i i e 4y i r i, Ste { ',. t v Y � _ U lot e A Y C N tot s: M ry 9 wV t:. x to trW 14tt,14 sL + CD COO) 4 I} � IM !+'•400' O O y O W33 34 F C 4 3 w • ss r ss.• 'v wt CJt Exhibit B #97-01-002 85 Ft. Wide C.0 W.D. Right-of-Way and 40 Ft. Wide Temporary Construction Easement Across Parcel 1454.2, of the Lindsey Basin, Contra Costa County, California PAROL 1 (85' RIGHT OF A Right-of-Way and easement for water pipeline purposes and incidents thereto, over, under, across, and upon the following described real property in Contra Costa County, California: A strip of land crossing "PARCEL 1454.2" of the "Lindsey Basin" as said parcel is described in the Grant Deed to Contra Costa County Flood Control and Water Conservation District recorded August 23, 19901 in book 16068 at page 298,Official Records of Contra Costa County, said strip of land being 85.00 feet wide, lying 35.00 feet on the left (northeasterly) of and 50.00 feet on the right (southwesterly) of the following described line: Beginning at the westernmost corner of said "PARCEL 1454.2"(18088 O.R. 298); thence along the southwestern boundary of said "PARCEL 1454.2", S 36° 52' 49" E, 592.20 feet to the True Point of Commencement of the line herein described;thence departing said boundary, S 89° 59' 45" E, 212.00 Feet; thence S 880 44' 32" E, 461.02 feet; thence S 35° 06' 09" E, 419.43 feet; thence S 450 21' 53" E, 260.63 feet;thence S 880 04' 20' E, 258.55 feet;thence S 280 36' 42" E, 195.51 feet;thence S 350 10' 07" E, 685.60 feet; thence S 181 15' 34" E, 783.12 feet to the southern tine of said "Parcel 1454.2" and the'Terminus of the line herein described. The side lines of the above described strip shall be lengthened or shortened as required to terminate at the southwestern and southern boundaries of said "Parcel 1454.2". The above described strip of land contains an area of 6.35 acres, more or less. Pagel 1A 48' Tem org[e y+ onstructlon Easemeritl To EjUlre October 4. 1997 A temporary easement for purposes of construction and incidents thereto, to expire October 4, 1997, over, upon and across the following described real property in Contra Costa County, California: A strip of land forty (40.00) feet in width crossing "PARCEL 1454.2" of the "Lindsey Basin" as said parcel is described in the Grant Dead to Contra Costa County flood Control and Water Conservation District recorded August 23, 1990 In book 16068, at page 298, Official Records of Contra Costa County, the general southwestern boundary fine of said strip being coincident with the general northeastern boundary Eine of the hereinabove described "PARCEL 1" from its commencement to its terminus. The side lines of the above described strip shall be lengthened or shortened as required to terminate at the southwestern and southern boundaries of said "PARCEL 1454.2". The above described strip of land contains an area of 3.17 acres, more or less. This real property description has been prepared by me, or under my direction, in conformance with the Professional land Surveyors Act. Signatur , ,pN4 R Lfi Licensed Land 8urveyar to L.S.3552 it Date " ��.. D.APR0MC'TS\9701 21454-2.WPD EXHIBIT "B , P.O.B. s � 1 g I th T.P.O.C. IS .J S$8*44*3 46 O1"Tr 535'06'09"E 419.43' o tQ a ago rn tt1 Boundary dimensions of parcel 1454.2 shown hereon are deed record, and do not represent a field survey. (See 16068 O.R. 298) PARCEL 1 85' C.C.W.D. ROW AREA = 6.35 Acres, N N S35'10'07"E DELTA/ ARC LENGTH f685.60' NO. BEARING DISTANCE RADIUS m S 28-36'42" E 195.51' S $8'04'20" E 25$.55' PARCEL 1454.2 a) 5 45`21'53" E 260.63' 15068 OR 298 ff >r S 89'5945" E 212.130' APN 0153 060 00j la, 00'49`11" 327,17' 22868.33` 0 -4 S 34"46'46" E 265.66' PARCEL S A a:P,�,; S 48'23'04" WS.f10' t�+ 40 T.C.E. '.Q d? AREA = 3.17 Acres, CI) N $8'05'2$" W 202.41` S18'15'34yE LEGEND 783.12' sir. API Assessors Parcel No. P.O.B. Point of Beginning of legal Description By Choudhary & Associates. Inc. Dated Sept. 29, '97 T.P.O.C. True Point of Commencement N63'4749"W T.C.E. Temporary Construction Easement 437.00' S54'57'11"W D Central Angle of Arc OR Official Records 748.95' cum"" As octxr>s. INC SCALE : l"-400` PROPERTY & EASEMENT ACQUISITION PLAT DATE: SEPT. 29. 1997 85' WIDE C.C.W D. ROW � AND 40' WIDE T.C.E FILE No. 97-01-002 LINDSEY SASH COMA COSTA COWTY, CAUF4ftM cv-JO`IH.Atrhi.1 nhrvn + #97-01-042 85 Ft. Wide C.C.W.D. Right-of-Way and 40 ft. Wide Temporary Construction Easement Across Parcel 1713.1, of the Lindsey Basin, Contra Costa County, California PARCEL-1-l85' HIGHT OF WAM A right-of-way and easement for water pipeline purposes and incidents thereto, over, under, across and upon the following described real property in Contra Costa County, California: A strip of land crossing "PARCEL 1713.1" of the Lindsey Basin" as said parcel is described in the Grant Deed to Contra Costa County Flood Control and Water Conservation District recorded January 5,1993 in book 18179 at page 299, Official Records of Contra Costa County, said strip of land being 85.04 feet wide,lying 35.00 feet on the right )easterly) of and 50.00 feet on the left(westerly) of the following described line: Beginning at the westernmost corner of said "PARCEL 1713.1" (18179 O.R. 299); thence along the general southern boundary of said "PARCEL 1713.1", the following courses: N 59°11'14"E, 334.35 feet, S 28044132"E, 235.15 feet, and N 59°11'14"E, 248.12 feet to the True Point of Commencement of the line herein described; thence N 29000'36"W, 54.33 feet; thence N 18°15'34"W, 738.94 feet to the northern boundary line of said "PARCEL 1713.1" and the Terminus of the line herein described. The side lines of the above described strip shall be lengthened or shortened as required to terminate at the general northern and southern boundaries of said "PARCEL 1713.1". The above described strip of land contains an area of 1.57 acres, more or less. Par id 1A 140' Temggravl Construction Easement to Exnlre October 4, 1983 A temporary easement for purposes of construction and incidents thereto, to expire October 4, 1997, over, upon and across the following described real property in Contra Costs County California: A strip of tend forty (40.00) feet in width crossing "PARCEL 1713.1" of the "Lindsey Basin" as said parcel is described in the Grant Deed to Contra Costa County Flood Control and Water Conservation District recorded January 5, 1993 in Book 18179 at Page 299, Official Records of Contra Costa County, the southwestern line of said strip being coincident with the northeastern line of the hereinabove described "PARCEL 1" from its commencement to its terminus. The side lines of the above described strip shall be lengthened or shortened as required to terminate at the general northern and southern boundaries of said "PARCEL 1713.1". The above described strip of land contains an area of 29,088 square feet, more or less. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signatur � ,pt�Q � Licensed Land Surveyor LS.3552 Date '?lid j?7 F�P� 4,10-00 cA�a D'APROIECTSL974100211711-I.WPD EXHIBIT B PARCEL 1454.2 16068 OR 293 PARCEL i • 85' C.C.W D. ROW AREA ffi 1.57 Acres. t � CONTRA COSTA''CO. PARCEL 1 A LINDSE'Y CHANNEL 40' T.C.E. AREA 29,088 S.F. aN N i Zq C-4 C PARCEL 1713.1 18179 OR 299 APN 053 072 010 � CEJ T.P.O.C. P.O.B. NOT Boundary dimensions of parcel 1713.1 shown hereon are deed record, and do not represent a field survey. PORTION 0f PARCEL 4 (See 18179 O.R. 299) LEGEND 10834 OR 480 APN Assessors Parcel No. P.O.S. Point of Beginning of Legal Description NO. I SEARING I DISTANCE By Choudhary & Associates, Inc. (ID N 48'23'04" E 85.00` T.P.O.C. True Point of Commencement <Z) N 29"0036" W 54.33' T.C.E. Temporary Construction Easement A Centrof Angle of Arc OR Official Records Cl r xlr x AssoclacT> s. txc. SCALE : 1"-200' PROPERTY & EASEMENT ACQUISITION PLAT s �•s, w r.•rt .�•� ' MATE: SEPT. 29, 1ss 85' WIDE C.C.W C. ROW AND 40'' WIDE T.C.E. +�•w•.i..n rr.-�... FELE No. 97-01-002UNDSEY BASIN COMM COSTA CMIN1TY, CAU ORNIA Exhibit C -- - DIRECT ALL INQUIRIES TO: - Escrow Officer: GLORIA LARSE'N P Phone No.. (51 GI 946-9900 Our No.: 9310046 5TH SUPPLEMENTAL CONTRA COSTA WATER DISTRICT REAL PROPERTY MANAGEMENT DEPT. 1331 CONCORD AVE. CONCORD!, CA 945203 ATTN: BRUCE SAGE PROPERTY ADDRESS NEROLY ROAD OAKLEY, CALIFORNIA IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, North American Title Company, Inc. HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS'OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE, DESCRIBING THE LAND AND THE ESTATE OR INTEREST HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT,LIEN,OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULE$,CONDITIONS AND STIPULATIONS OF SAID POLICY FORkAS. r. THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER,COPIES OF THE POLICY FORMS SHOULD BE READ,THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT LAND ANY SUPPLEMENTS OR AMENDMENTS THERETOI IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE'ISSUANCE OF POLICY TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. Dated as Of MAY 1, 1998 MIKE MC KNIGHTIBRH at 7:30 A.M. -- Title Officer> T14EESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRI13ED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CON'SERV'ATION DISTRICT, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA 1700 North Broadway, Suite 100, Walnut Creek, CA 94598 (510) 948-9900 FAX (510) 946-0771 r The form of paltry~of title insurance contemplated by this report Is: CLTA Standard Coverage Policy Form - 1990 At the date hereof exceptions to coverage In addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. General/Special property taxes for fiscal year 1998-1999 and possible prior years were not assessed, . The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3,5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. An easement affecting a portion of said land, the exact location thereof cannot be ascertained of record, and for the purposes stated therein, and incidental purposes. In favor of : PACIFIC COAST OIL COMPANY For : RIGHT TO LAY, MAINTAIN, OPERATE, REPAIR, REPLACE. AND REMOVE PIPE LINE FOR. TRANSPORTATION OF OIL PETROLEUM OR, GAS AND TO ERECT, MAINTAIN AND OPERATE TELEGRAPH OF TELEPHONE LINES, IFTHE SAME SHALL BE DESIRED WITH THE'RIGHT OF INGRESS AND EGRESS TO AND FROM THE SAME, OVER, THROUGH,UNI ER OR ALONG SAID PROPERTY Recorded : FEBRUARY 24, 1902 Book : 92 OF DEEDS Page : 521 4. An easement affecting a portion of said land, the exact location thereof cannot be ascertained of record, and for the purposes stated therein, and incidental purposes'. In favor of : PACIFIC OIL CO. For : PIPELINE Recorded --_ FEBRUARY 24, 1902 Book 92 OF DEEDS Page : 522 Page 2 of 1'5 5TH SUPPLEMENTAL Order No. 93'10046 5. An easement affecting a portion of said land, the exact location thereof cannot be ascertained of record, and for the purposes stated therein, and Incidental purposes. In favor of : GREAT WESTERN POWER COMPANY OF CALIFORNIA, A CORPORATION For UTILITY Recorded : SEPTEMBER 29, 1921 Book 401 OF DEEDS Page 7 6. An easement affecting the portion of said land and for the purpose stated therein, and incidental purposes, In favor of : THE UNITED STATES OF AMERICA For : POLE LINE EASEMENT Recorded : NOVEMBER 14, 1940 Book : 551 Page : 369 Affects : PORTION OF PARCEL ONE 7. An easement effecting a portion of said land, the exact location thereof cannot be ascertained of record, and for the purposes stated therein, and incidental purposes. In favor of : PACIFIC GAS ANIS ELECTRIC COMPANY For PIPELINE Recorded JUNE 13, 1942 Book : 669 Page 114 8. An easement affecting the portion of said land and for the purpose stated therein, and incidental purposes, In favor of : PACIFIC GAS ANIS ELECTRIC COMPANY, A CALIFORNIA CORPORATION For : POLE LIME Recorded : DECEMBER 24, 1945 Book : 846 Page : 355 Affects : EASTERLY PORTION OF PARCEL ONE THE LOCATION OF SAID POLE LINE WAS CHANGED BY THE RELOCATION' AGREEMENT BY AND BETWEEN THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND P.G. & E, RECORDED MAY 21, 1997, IN'STRU'MENT NO. 97-85529. Page 3 of 15 5TH SUPPLEMENTAL Order No. 93101046 ...... ......... ......... ......... ......... ....._... 11.1.1 .................__._....._.... ......... ......... ......... ......... ......... ......... ............_. .111.1.. _........ ......... ......... . ........ ......... 9. An-easement affecting the portion of said land and for the purpose stated therein, and incidentalpurposes, In favor of : UNITED STATES OF AMERICA For : RIGHT OF WAY TO CONSTRUCT, INSTALL, MAINTAIN AND USE WATER PIPE LINES WITH APPURTENANCES THERETO, TOGETHER` WITH TEMPORARY EASEMENTS INCIDENTAL TO THE CONSTRUCTION OF SAID PIPE LINE Recorded : APRIL, 13, 1953 Book 2103 Page 411 Affects THE NORTHERN PORTION OF THE PARCEL TWO 10. An easement effecting the portion of said land and for the purpose stated therein, and incidental purposes, In favor of : UNITED STATES For : PIPE LINE Recorded :. MARCH 12, 1954 Book : 2283 Page : 229 Affects : PORTION OF PARCEL ONE 11. An easement affecting the portion of said land and for the purpose stated therein,;, and incidental purposes, In favor of : PACIFIC GAS AND ELECTRIC COMPANY, A' CALIFORNIA CORPORATION For : PIPE LINE Recorded : APRIL 3, 1962 Book' : 4089 Page : 679 Affects : A PORTION OF PARCEL ONE Page 4 of 15 5TH SUPPLEMENTAL Order No. 9310046 12. An unrecorded Lease, affecting the premises therein stated, executed by and between the parties named therein, for the term and upon the terms, covenants, and conditions therein provided, Type : AGRICULTURAL Dated NONE SHOWN Lessor : ROSA CONTINENTE Lessee : R.P. GARI'N COMPANY Disclosed by . CONSENT Recorded DECEMBER 3, 1962 Book 4254 Page 635 Affects A PORTION OF PARCEL ONE No representation is mads as to the present ownership of said leaseholdor matters affecting the rights or interest of the lessor or lessee arising out of or occasioned by said lease. 13. An easement affecting the portion of said land and for the purpose stated therein, and incidental purposes, In favor of : STANDARD OIL COMPANY OF CALIFORNIA, A CORPORATION For TO LAY CONSTRUCT, RECONSTRUCT, REPLACE RENEW, REPAIR, MAINTAIN, OPERATE, CHANGE THE SIZE OF INCREASE THE NUMBER OF AND REMOVE PIPE LINES AND APPURTENANCES THEREOF, FOR THE TRANSPORTATION OF OIL, PETROLEUM, GAS, GASOLINE, WATER OR OTHER SUBSTANCES, AND TO CONSTRUCT, MAINTAIN, OPERATE, REPAIR,RENEW,ADD TO AND REMOVE UNDERGROUND APPURTENANCESTHEREOF, WITH THE RIGHT OF INGRESS AND EGRESS T4 AND FROM THE SAME Recorded : SEPTEMBER 18, 1964 Book : 4745 Page' : 169 Affects : PORTION OF PARCEL ONE Page 5 of 1'5 5TH SUPPLEMENTAL Order No. 9310046 14. An easement affecting the portion of said land and for the purpose stated therein, and incidental purposes, In favor of : STANDARD OIL COMPANY OF CALIFORNIA, A CORPORATION,AND STANDARD GASOLINE' COMPANY, A CORPORATION For : LAY CONSTRUCT, RECONSTRUCT ,' REPLACE,REN'EW, REPAIR, MAINTAIN, OPERATE$ CHANGE THE SIZE OF, INCREASE THE NUMBER' OF, AND REMOVE PIPE LINES AND APPURTENANCES THEREOF, FOR THEI TRANSPORTATION OF OIL, PETROLEUM, GAS, GASOLINE, WATER OR OTHER SUBSTANCES, AND TO CONSTRUCT, MAINTAIN, OPERATE,. REPAIR, RENEW, ACED TO AND REMOVE UNDERGROUND WIRES, CONDUCTORS, CABLES AND CONDUITS, AND > APPURTENANCES THEREOF, WITH THE RIGHT OF INGRESS AND EGRESS TO AND FROM THE SAME. Recorded DECEMBER 11, 1954 Book', : 4761 Page 143 Affects : A PORTION OF SAID PARCEL ONE AND TWO 15. A Lease, affecting the premises therein stated, executed by and between the parties named therein, for the term and upon the terms, covenants, and conditions therein provided, Type i : MEMORANDUM OF OIL AND GAS LEASE Dated MAY 22, 196 7 Lessor : ROSA CONTINENTE, A WIDOW Lessee : 'WESTERN CONTINENTAL OPERATING COMPANY A CORPORATION Term : 2 YEARS Recorded A : JUNE 7, 1967 Book : 5384 Page : 30 Affects : PORTION IN EASTERLY ONE-HALF OF ALL 34 BEING A PORTION OF PARCEL ONE AND TWO No representation is made as to the present ownership of said leasehold or matters affecting the rights or interest of the lessor or lessee arising out of or occasioned by said lease. Page 6 of 15 5TH SUPPLEMENTAL Order No. 9310046 16. An easement affecting the portion of said land and for the purpose stated therein, and incidental purposes, In favor of : OAKLEY WATER DISTRICT, A LOCA. GOVERNMENTAL AGENCY OF THE STATE OF CALIFORNIA For : WATER PIPELINES,STORM DRAIN PIPELINES,ANIS ALL NECESSARY APPURTENANCE'S Recorded : JANUARY 30, 1989 Boole 14855 Page 218 Affects : A PORTION OF SAID PREMISES 17, An easement affecting the portion of said land and for the purpose stated therein, and incidental purposes, In favor of : OAKLEY WATER DISTRICT, A LOCAL GOVERNMENTAL AGENCY OF THE STATE O CALIFORNIA For : A PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR EQUIPMENT VEHICLE Recorded : JANUARY 30, 1989 Book : 14555 Page ;. 221 Affects : A PORTION OF SAID PREMISES JAn easement affecting the portion of said land and for the purpose stated therein, -' and incidental purposes, In favor of : RONALD E. NUNN, A MARRIES? MAN �/ For : A TEMPORARY 50.00 FEET WIDE EASEMENT FOR ACCESS TO GRANTOR'S REMAINING:LANDS, TO EXPIRE UPON COMPLETION OF PLANNED CONSTRUCTION OF SUNSET ROAD, BEING THE _._._ MOST NORTHEASTERN50.00 FEET OF SAID PARCEL 1713.1 Recorded : JANUARY 5, 1993 Book : 18179 Pagel : 299 Affects : A PORTION OF SAID PREMISES Page 7 of 15 5TH SUPPLEMENTAL Order No. 9314046 19. An easement effecting the portion of said land and for the purpose stated therein, and incidental purposes, In favor of : CITY OF ANTIOCH For : SANITARY SEWER , PIPELINE AND APPURTENANCES Recorded : MAY 1, 1997 Instrument No.: 97-71982 Affects : AN EASTERLY PORTION OF PARCEL ONE 20. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In favor of: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A POLITICAL SUBDIVSIONOF THE STATE OF CALIFORNIA AND CONTRA COSTA WATER DISTRICT, A LOCAL GOVERNMENTAL AGENCY OF THE STATE OF CALIFORNIA No representation is made as to the present ownership of said easement. For: WATER PIPES, WATER LINES AND REALTED WATER UTILITY MATERIALS Recorded: FEBRAARY 25, 1998 Instrument No.: 98-0037827 Affects: A NORTHEASTERLY PORTION OF PARCEL ONE 21. Terms, covenants, conditions and provisions contained in an instrument Entitled: GRANT OF EASEMENT Executed by and between: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CONTRA COSTA WATER DISTRICT Recorded: FEBRUARY 25, 1998 Instrument No. 98-37827 Reference is made to said document for full particulars. END OF EXCEPTIONS Page 8 of 15 5TH SUPPLEMENTAL Order No. 9310046 Recorded at the request of: EXHIBIT "3)" Contra Costa Water District P.O. Box H2O Concord, CA 94524 After recording return to: Contra Costa Water District P.O. Baty H2O Concord, CA 94524 APN: 053-060-009 Los Vaqueros Pipeline 053-072-010 GRANT OF EASEMENT AND AGREEMENT 4n June 2, 1098 Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, and Centra Costa Water District, a local governmental agency of the State of California, agree as follows: 1. For valuable consideration, receipt of which is hereby acknowledged, Contra Costa County Flood Control and Water Conservation District (hereinafter referred to as "Grantor") hereby grants to Contra Costa Water District (hereinafter referred to as "Grantee') an 85'wide perpetual nonexclusive easement and right of way and a 40' wide temporary construction easement in, over and under the land in the County of Contra Costa, State of California, a description of which is attached hereto, marked Exhibit"A" and incorporated herein. 2. The purpose for which this easement is hereby granted is to construct, install, operate, use, maintain, repair, relocate and replace therein and thereon water pipes, valves, controls, meters, and related water utility materials and appurtenances, surface and subsurface, together with a right-of-way of ingress and egress for equipment, vehicles and pedestrians over Grantor's maintenance and access roads. 3. The Grantor reserves the right to use the surface of the easement jointly with the Grantee, subject, however, to each and all of the following conditions: A. Grantor's rights shall include, but are not limited to, the right to reasonable use of the surface of said land including the right to place or remove fill on the easement at any location and to place landscaping in said easement. Grantee shallbe given a 30-day time period to review and approve any plans for surface use, other than routine maintenance of flood control facilities, and such approval shall not be withheld as long as Grantor's use does not unreasonably interfere with Grantee's facilities. B. Grantee agrees to install any future facilities at least five feet below the ultimate grades of the Lindsey Basin and East Antioch Creek. C. Grantee shall, prior to any construction or installation within the easement area, submit specific plans and specifications to Grantor for review and approval. Such approval, together with any additional requirements, shall be 1 „ k in the form of a written permit. Grantee shall restore or return the surface of said easement to its pre-construction condition following any activity of any nature by Grantee. D. All of Grantee's facilities must support legal highway loads, as defined by Caltrans, plus fill. Grantee agrees to install future pipelines by jacking under the State Route 4 Bypass or placing sleeves prior to construction of the Expressway. New construction and maintenance shallnot interfere with the operation of the roadway. E. Grantee acknowledges this easement is non-exclusive. 'Grantor reserves the right to install, or grant others the right to install, utilities pursuant to 3.A. above. F. Grantee agrees to relocate any or all of its facilities if required by Grantor, and adjust the height of any pipeline appurtenances that may be required because of future grade alterations, at its own expense. Grantee agrees that any future facilities will be installed at least five feet below the planned grade of the State Route 4 Bypass or any other planned roads and that if Grantee does install at such elevation, any relocation caused by a revision of the grade of the road shall not be at Grantee's expense. 4. If all or any portion of the surface access rights included in the easement described in Exhibit"A”become unnecessary to Grantee's operations by mason of reasonable alternative access to Grantee's facilities provided by future streets and roads, Grantee shall reeonvey to grantor such unnecessary surface rights included in said easement at the request of Grantor. 5. There are no oral or written leases, other than the December 3, 1992 lease to Ron Nunn, on all or any portion of the property described in Exhibit"A"which will impair Grantee's use and enjoyment of said easement. Grantor will not grant any leases, easements, or take any action which would unreasonably interfere with Grantee's use and enjoyment of said easement. 6. Grantor agrees that no structures will be constructed by Grantor or authorized by Grantor within the easement. 7. Grantor and Grantee shall require all their respective contractors or contractors' assignees who shall undertake construction on any portion of the real property within or near said easement to list the other party as an additional insured on the contractor's project policy and further require the contractor to indemnify both parties in a like manner. 8. A. Grantee shall defend, indemnify, save, and hold harmless Grantor and its officers and employees from any and all claims, costs, and liability for any damages, injury, or death arising from or connected with the design, construction, operation, and maintenance of all facilities which may be constructed within said easement, due to or claimed or alleged to be due to negligent or wrongful acts, errors, or omissions of Grantee, its agents, contractors or employees, including but not limited to liability arising from injury or death to members of the public using the property being conveyed and any immediately adjacent real property owned by the Grantor and shall reimburse Grantor for any expenditures, including reasonable attorney's fees Grantor may make by reason of such matters. Grantee shall also be responsible for 2 any and all damages arising out of inverse condemnation conceming the design and construction of facilities to be built within the easements being conveyed to the extent of the share of the damages proved corresponding to Grantee's actual portion of the overall fault. B. Grantor shall defend, indemnify, save, and hold harmless Grantee and its officers and employees from any and all claims, costs, and liability for any damages, injury or death arising from or connected with design, construction, operation and maintenance of all facilities, solely owned or controlled by Grantor due to or claimed or alleged to be due to negligent or wrongful acts, errors, or omissions of Grantor, its agents, contractors or employees, including but not limited to liability arising from injury or death to members of the public using its real property, and shall reimburse Grantee for any expenditures, including_reasonable attomey"s fees, Grantee may make by reason of such matters. Grantor shall save and hold Grantee harmless from any and all damages arising out of inverse condemnation conceming all Grantor's activities occurring with the easement being conveyed only to the extent of the share of damages proved corresponding to Grantor's actual portion of the overall fault. C. Grantee accepts the property conveyed pursuant to this easement in an"as is" physical condition, with no warranty express or implied on the part of the Grantor as to any matter, including but not limited to the condition of the soil, water, subsurface strata or ambient air in, on, under at or in the vicinity of the property, other than as is specifically set forth in Section 5 of the Agreement for Purchase and Sale of Real Property dated . Grantee agrees that neither Grantee, its heirs, successors or assign shall ever claim, have or assert any right or action against Grantor for any loss, damage or other matter arising out of or resulting from the presence of any hazardous substance or any other condition of the property at the commencement of the easement or from the release of any hazardous substance in, on or around any park of the property or in the soil, water, subsurface strata or ambient air by any person or entity other than the Grantor fallowing the commencement of this easement. As used herein, "hazardous substance" means any substance, material or waste which is or may become designated, classified or regulated as being"toxic,""hazardous"or a "pollutant"under any federal, state or local law, regulation or ordinance. Nothing in this section is intended in any way to restrict the right of Grantee to seek contribution or indemnity from any person or entity other than Grantor whose activities are a cause of any discharge, leakage, spillage or emission of hazardous materials on or to the property. To the extent permitted by law, Grantee shall indemnify, defend, save, protect and hold the Grantor harmless from and against any and all claims, demands, liabilities, expenses(including without limitation attomeys fees and consultants fees), penalties, damages, consequential damages and losses, and costs (including but not limited to the costs of any required or necessary testing, remediation, repair, removal, cleanup or detoxification of the property and surrounding properties and from and against the preparation of any cleanup, remediation, closure or other required plans whether such action is required or necessary prior to or following the termination of the easement), of any kind or nature, arising out of or connected with Grantee's operation or performance under this easement, including all costs, claims, damages(including property and personal injury) arising out of or connected with the uncovering, release or excavation of hazardous materials (including petroleum) as a result of 3 ........................................................................................................................................................................................... Grantee's construction, reconstruction, maintenance, use, replacement, or removal of its facilities. D. The obligations contained in this section shall survive the expiration or other termination of this easement 9. This agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the respective parties hereto. GRANTOR: GRANTEE: Contra Costa County Flood Control Contra Costa Water District &Water Conservation District ABOVE TERMS AND CONDITIONS APPROVED BY GRANTEE By By Chair, Board of Supervisors (Title) APPROVED AS TO FORM: By: Contra Costa Water District Legal Counsel STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared .who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)isiare subscribed to the within instrument and acknowledged to me that helshetthey executed the same in his/her/their authorized capacity(ies), and that by his/her1their signature(s) on the instrument the poson(s),or the entity upon behalf of which the person(s) acted, executed the instrument By: APPROVED AS TO FORM Victor J. Westman uns I epu DD:glo G:\Grp DzWRealPro p198-5liosvaquerosease.wpd May 20, 1998 4 .................................................... ...... ...... ................... --I''..-,.............. ........................... ..........I...........................I........................................ .......................................................................... ....................... TO BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: June 2, 1998 SUBJECT: MARSH CREEK CHANNEL WIDENING PROJECT Project No.: 7590-6D8471 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Rec2mmended Action: A. APPROVE Right of Way Contract and ACCEPT Grant Deed dated May 8, 1998, from the City of Brentwood. B. AUTHORIZE Chief Engineer to execute said Right of Way Contract on behalf of the District. C. APPROVE payment of$500.00 for said property rights and AUTHORIZE the Auditor- Controller to issue a check in said amount payable to the City of Brentwood, to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above-referenced Grant Deed recorded in the Office of the County Recorder. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON June 2, 1998 APPROVED AS RECOMMENDED x VOTE OF SUPERVISORS X UNANIMOUS(ABSENT None AYES: NOES: ABSENT: ABSTAIN: PS:gpp G:grpdata\realprop\bocl 22-6.doe I hereby certify that this is a true and correct Orig. Div: Public Works(RIP) copy of an action taken and entered on the Contact: Patricia Smyers(313-2222) minutes of the Board of Supervisors on the cc: County Administrator date shown. Auditor-Controller(via RIP) ATTESTED: June 2, 1998 P.W. Accounting PHIL BATCHELOR, Clerk of the Board Recorder (via R/P) of Supervisors an ot ty Administrator ';��la'I By- Deputy Iq TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD,PUBLIC WORKS DIRECTOR DATE: JUNE 2, 1998 SUBJECT: ANNUAL REPORT FROM CONTRA COSTA AVIATION ADVISORY COMMITTEE SPECIFIC REQUESTS,OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: ACCEPT the attached Contra Costa Aviation Advisory Committee's (AAC) 1997 Annual Report. if. Financial impact: None. III. Reasons for Recommendations and Background: In accordance with the AAC Bylaws, the AAC is required to provide the Contra Costa County Board of Supervisors with an annual report. This complies with that requirement. Continued on Attachment: X SIGNATURE: INNOW RECOMMENDATION OF COUNTS'ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _ APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON June 2, 1998 APPROVED AS RECOMMENDED x 4*WW VOTE OF SUPERVISORS x UNANIMOUS(ABSENT Norse ) AYES: NOES: ABSENT:_ ABSTAIN: I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the DM:kd date shown. y C:BO/Bp2a.th.doc ��. } } 1{398 Orifi,Div: Public Works(AiiWts) ATTESTED: ct,n t: ounly dmints rotor Mendez 5722> PHIL BATCHELOR, Clerk of the Board cc: Comxy Admsariszratcrr C� Public Works Dircetor of ��'i,`upervls(',1I',ry, and +�`,o ty Administrator Public Works Accounting �( Auditor/Convoller ) DeputyAttionAdvisoSyCommince(v`iaA'T) By �� �1 Federal Aviation Admini.nation(via A/P) SUBJECT: ANNUAL REPORT FROM CONTRA COSTA AVIATION ADVISORY COMMITTEE DATE: JUNE 2. 1998 PAGE TWO IV. Consequences of Negative Action: None. March 16, '1998 To: Contra Costa Board of Supervisors From: Virginia Schaefer, Chairman of the Contra Costa Aviation Advisory Committee Subject: Annual Report from Aviation Advisory Committee The prime focus of the Aviation Advisory Committee (AAC) for 1997 was, once again, community compatibility. The committee also played an active part in the transition to an Interim Manager of Airports, a new Manager of Airports, as well as a new Assistant Manager of Airports. They continued to monitor the role that Buchanan Field and Byron Airports play locally and nationally. The AAC is an accessible forum for airport users and community members to voice their opinions on various issues of concern. In the area of community compatibility both safety and noise are addressed. Every meeting has a section devoted to safety and to a noise report. The committee carefully attends to reports on usage and noise complaints. During the past year, noise complaints continue to maintain a lower number compared to recent years. At each meeting, we discuss the current trends and question any events that my have triggered a spike in the complaint records. We scrutinize locations, timing, and types of complaints each month and compare them with numbers of operations. We also get reports on fuel flowage at both airports and numbers of flights and sky dive jumps at Byron Airport. The staff is thorough in getting us reports and graphics of complaints, operations, and usage. The knowledge and expertise of AAC members helps to supplement and interpret the figures given in the reports. AAC was closely involved with the transition to new airport management. We participated in the retirement activities for Hal Wight, the retiring Manager, and for Tracy Williams, Assistant Airport Manager, who left for another position at almost the same time. We worked closely with the Interim Airport Manager during his approximately three months on board. The Chair sat on the Oral Board for the selection of the new Manager of Airports and consulted with the selection of the Assistant Manager of Airports. The AAC continues to meet monthly, where twice a year, May and December, the meetings are held at the Byron Airport. This keeps us in closer touch with the users and interested people of the community, Our outreach policy is effective in keeping those communities apprised of aviation matters. We continue to keep contact so they do not feel out of touch in the East County. In addition, the chair attends the Byron Users Group meetings. In June, the AAC reviewed the Airport Enterprise Fund Annual Financial Report presented by Leo Schmall. We went over it carefully and discussed the different categories. The AAC also worked with the Concord Chamber of Commerce on the Father's Day Airshow. Several of the members, notably Bill Manning and Gerry Greth, participated fully in making the show a great success. This event is an outstanding opportunity to showcase Buchanan Field Airport. The AAC, with two members who are also on the Airport Land Use Commission (ALUC), actively helped promote the process to develop an ALUC lend use plan for Byron Airport and update the ALUC plan for Buchanan Field Airport. After almost three years, this seems finally to be moving ahead. The traditional Santa Claus Jump for the Contra Costa Food Bank was successfully accomplished again this year. A fog layer mandated that Santa arrive by a crash fire vehicle at Buchanan Field Airport, but the jolly fellow was able to sky dive at Byron Airport. Both events were delightful for the children and their parents. They contributed canned food and went home with a mounted Polaroid picture of themselves on Santa's lap. The AAC chair even got one for her role in playing Santa's assistant. With new management, we have confidence that the Airports of Contra Costa County are in a good position to continue in serving the transportation needs of the county. We can all work together to promote and protect the airports and the community. The AAC remains committed to being available to the Board of Supervisors to inform and advise them on matters concerning aviation in Contra Costa County. ' To: BOARD OF SUPERVISORS zo FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: JUNE 2, 1998 SUBJECT: ACCEPT AMENDMENT NO. I TO FEDERAL AVIATION ADMINISTRATION(FAA)GRANT AGREEMENT. No.: 3-06-0050-09 SPECIFIC REQUEST(S)OR RECONTWNDATION(S)&BACKGROUNC?AND JUSTIFICATION 1. Recommended Action: APPROVE and AUTHORIZE the Chairman of the Board of Supervisors to signs Amendment No. I of said Grant Agreement on behalf of Contra Costa County; and AUTHORIZE and DIRECT the Clerk of the Board to attest the signature of the Chairman and to impress the official seal of Contra Costa County on the aforesaid Amendment; and AUTHORIZE and DIRECT County Counsel to sign a Certificate of Sponsor's!Attorney(after Chairman's signature)which certifies that the acceptance complies with all applicable laws and constitues a legal and binding obligation. Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINIST46TOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON June 2, 1998 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS X_ UNANIMOUS(ABSENT None ) AYES: NOES: ABSENT: ABSTAIN: DM!kd C:BO1802.tfi.doc Orig.Div: Public Wmts-Airport Contact: Contact Person(Dave Mendez 646-5722) cc: County Administrator Public Works Director l hereby codify that this Is a true and correct Public Works Accounting Auditar,lController copy.bf an action taken and entered on the Aviation Advisory Committee(via A/P) minutes of the Board of Supervisors on the Federal.Aviation Administration(via AiP) date .shown 11 June 2, 1998 ATTESTED: PHIL BATCHELOR, Clerk of the Beard of Supervisors and County Administrator Deputy ti n ^t SUBJECT: ACCEPT AMENDMENT NO. 1 TO FEDERAL AVIATION ADMINISTRATION(FAA)GRANT AGREEMENT. No.: 3-06-0050-09 DATE: JUNE 2, 1998 PAGE THREE 11. Financiallmuact: No changes to dollar amount of grant. 111. Reasons for Recommendations and Background: On August 17, 1993, Contra Costa County and the FAA entered into a Grant Agreement for Project No. 3- 06-0050-09. This Amendment changes the grant description to include the acquisition of seven(7)air band radios. IV. Consequences of Neeative Action: The entire cost of the improvements will be paid out of the Airport Enterprise Fund instead of only the local 10 percent(10%) share. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Contract No. DTFA08-93-C--30611 Buchanan Field Airport Concord, California AMENDMENT NO. 1 TO GRANT AGREEMENT FOR PROJECT NO. 3-06-0050-09 WHEREAS, the Federal Aviation Administration, (herein after referred to as the "FAA") , acting for and on behalf of the United States, and the Contra Costa County, (hereinafter referred to as the "Sponsor") , on the 17th day of August, 1993, entered into a Grant Agreement related to the above numbered project, and; WHEREAS, it is determined to be in the best interests of the Sponsor and the FAA to amend the description of the airport development on page 1 of the Grant Agreement to add seven (7) VHF air band radio, three (3) vehicle mounted type with mounting hardware, one (1) multi charger system with no change in the maximum obligation of the United States; NOW THEREFORE, in consideration of the benefits to accrue to the parties hereto, the FAA, acting for and on behalf of the United States of America, on the one part, and the Sponsor, on the other part, do hereby mutually agree that said Grant Agreement be and is hereby amended in the following particulars but in no others 1. The airport development described on Page 1 of the Grant Agreement is hereby deleted and substituted in lieu thereof the following: Reconstruct Runway 32L (approx. 75' x 2,8001 ) ; install three (3) supplemental wind indicators; construct run-up areas for Runways 19L and 1R; remove bump in Runway 32R near landing threshold; drainage improvements; acquire seven (7) VHF air band radio; three (3) vehicle mounted type with mounting hardware; one (1) multi charge system. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to said Grant Agreement to be duly executed as of the 2nd day of UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION WESTERN PACIFIC REGION By: w J n L. Pfeifer Titles Manager, Airports 'District Office Page 2 Contra Costa County (Name of Sponsor) <r By: Title: Chair of &Pervi cors (SEAL) Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY: I, %ar m Aniersm acting as Attorney for the Contra Costa County, (hereinafter referred to as "Sponsor") do hereby certify: That I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the execution thereof by said Sponsor has been duly authorized and is in all respects due and proper and in accordance with the laws of the State of C,al-+f=iia , and further that, in my opinion, said Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at bbrtlrleZ, C.ali.foxmia , this 2rr day of June , 19 98 By: Title- ]duty Cb mty C'oxwl Page 2 ......... ......... ......... ......... ......... ......... ......... ........ .._.......... __...... ........ .......... __....... ......................_... .......................................... TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: June 2, 1998 SUBJECT: APPROVE CONSULTING SERVICES AGREEMENT BETWEEN WOODWARD-CLYDE INTERNATIONAL AMERICAS (FORMERLY KNOWN AS WOODWARD-CLYDE CONSULTANTS) AND THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM FOR A SPECIAL STUDY TO EVALUATE WHETHER SWIMMING POOL AND/OR SPA DISCHARGES ARE A SOURCE OF POLLUTANTS IN STORMWATER Project No. 0929-6X7019 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chief Engineer to execute a Consulting Services Agreement between Woodward-Clyde international Americas (formerly Woodward-Clyde Consultants) and the Contra Costa County Flood Control & Water Conservation District on behalf of the Contra Costa Clean Water Program, to conduct a special study to evaluate whether discharges from swimming pools and/or spas are a source of pollutants in stormwater. 11. Financial Impact: There will be no impact to General fund. The Consulting Services Agreement is funded from revenue generated by nineteen (19) public agencies comprising the Contra Costa Clean Water Program. Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON June 2, 1998 APPROVED AS RECOMMENDED y VOTE OF SUPERVISORS X UNANIMOUS(ABSENT None ) AYES: NOES: I hereby certify that this is a true and correct ABSENT: ABSTAIN: copy of an action taken and entered on the DPF:LM\sl minutes of the Board',of Supervisors on the g:Word\...\NPOES\BO\P&S BO.doc date shown. ATTESTED: June 1998 Contract: Donald P. Freitas(510)313-2373 PHIL BATCHELOR, Clerk of the Board Orig. Div: Public Works(NPDES) of Supervisors and County Administrator cc: Auditor-Contract Division By :"�'i2 �.� d a-s, � Deputy SUBJECT: APPROVE CONSULTING SERVICES AGREEMENT BETWEEN WOODWARD-CLYDE INTERNATIONAL AMERICAS (FORMERLY KNOWN AS WOODWARD-CLYDE CONSULTANTS) AND THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM FOR A SPECIAL STUDY TO EVALUATE WHETHER SWIMMING POOL AND/OR SPA DISCHARGES ARE A SOURCE OF POLLUTANTS IN STORMWATER Project No. 0929-6X7019 Page —t- ill. Reasons for Recommendations and Background: The San Francisco Bay and Central Valley Regional Water Quality Control Boards require the Contra Costa Clean Water Program, which is composed of nineteen (19) public agencies including Contra Costa County, seventeen (17)of its municipalities and the Contra Costa County Flood Control & Water Conservation District, to conduct special studies to determine the effectiveness of best management practices (BMPs)for removing pollutants from discharges. Discharges from swimming pools and/or spas can potentially be a source of pollutants. As part of their municipal stormwater permit, municipalities are constantly seeking effective BMPs that can remove these pollutants in'a cost-efficient manner. The Contra Costa County Flood Control & Water Conservation District on behalf of the Contra Costa Clean Water Program will contract with Woodward-Clyde International Americas to conduct this study. Swimming pool and/or spa discharge water contains chemicals, which have been added for general operation and maintenance purposes. Additionally, the size of swimming pools and/or spas, construction materials, types of paint, filters, and heaters may also affect the discharged water. The purpose of this study is to provide technical data to determine where and under what conditions water from swimming pools and/or spas may be discharged. All nineteen (19) municipalities in the Contra Costa Clean Water Program will fund this study through this agreement between the Woodward-Clyde International Americas and the Contra Costa County Flood Control & Water Conservation District IV. Conseguences of Negative Action: The San Francisco Bay and Central Valley Regional Water Quality Control Board may find the Contra Costa Clean Water Program is not conducting special studies as required in its Joint Municipal National Pollutant Discharge Elimination System Permit. The Regional Board has the authority to fine municipalities in the Contra Costa Clean Water Program up to $10,000 per day and $10 per gallon of discharge for non-compliance with the permit. IPWS1\LMARTINE$\NPOES\agenda\P&S BO,doc Appendix "A" Contra Costa Clean Water Program May 19,'1998 Technical Scope of Werk for Pool and Spa Discharge Special Sturdy Project BACKGROUND According to a Pool Discharge Survey conducted in 1998 by the Central Contra Costa County Sanitary District (CCCSD), there are an estimated 22,000 pools in the CCCSD service area, with an average capacity of approximately 20,000 gallons each (Lapodonis, 1998). Such pools are of a variety of types and sizes, including above ground pools that are usually drained (and sometimes dismantled) annually, and below ground concrete pools that may be emptied less frequently. There are also a number of indoor and outdoor commercial pools that tend to be Iarger than private pools. The size, construction materials, type of paints, type of filters and heaters, are factors that may affect the quality of the water discharged from these pools. For example, below ground pools commonly have heaters with copper elements that can leach copper into the pool water. In addition to pools, there are numerous private and public spas in the County which are constructed of various materials, including redwood and plastic. Another factor that may affect the quality of pool and spa discharges is the quality of the source water itself, which varies throughout the County depending on the water supply and the type of treatment. Operation and maintenance of pools and spas also introduces chemicals to the water. Homeowners or commercial cleaning contractors add disinfectants to control bacteria and other pathogens, chemicals to inhibit algal growth, as well as buffers, anti-scaling agents, and corrosion retardants. Filter backwash and chemicals used to clean the filter can add chemicals and/or solids to a discharge. At various intervals, owners or contractors empty pools and spas for cleaning, and there is the potential for a number of chemicals of concern to be discharged to either the sanitary sewer or storm sewer. Pool and spa discharges are considered a non-storm-water discharge, a class of discharges which are regulated under the Contra Costa Clean Water Program's NPDES Permit. However, there are limited data on the quality of these discharges, and therefore sanitary districts and stormwater regulators are concerned about accepting these discharges, or specifying the conditions or BMPs that would make the discharges acceptable. PURPOSE The purpose of this study is to develop the technical data needed to support a practical resolution of where, and under what conditions, pool and spa water, and filter backwash water (and solids) can be discharged. Moreover, the data collected for this study will assist other regions in developing a methodology for addressing pool and spa discharges. C:UBUSINESS\C'LTENTSICONCOSTA\POOL-SPA\SC'OPE DOC SCOPE OF WORK The work to be performed for this project has been organized into Phase I and Phase II tasks. The scope of work for each phase is summarized below. Scope of Work for Ph=I Tasks to be included in the effort consist of the following: Task 1: Review other arogr=a and information- Review how other stormwater programs have addressed pool and spa discharges. Types of documentation that will be reviewed include NPDES permits, Stormwater and/or Urban Runoff Management Plans, and local ordinances or regulations. Information that will be evaluated, where available, includes water quality,data, existing discharge prohibitions, conditionally exempt discharges, specific problems associated with discharging pool and spa water to the storm or sanitary sewer, and the methods that are being used to address these problems. The deliverable for this task will be a table that summarizes the above information obtained from each stormwater program. Task 2: ,Develop draft mrk,121an - .Develop a detailed workplan that includes scope of work, milestones, budget, schedule, and management. The scope of work will consist of 1)gathering information about the types of chemicals used for operation and maintenance of pools and spas, and 2) developing the monitoring design, i.e., sampling and analytical protocol, that will be used to characterize the water quality of the pool and spa discharges. The following surveys will also be conducted to support the development of the workplan. S y wY=r od sanAaton., istricts - Survey a representative number of water districts and document source water quality and disinfection practices conducted by the various water districts within the county. Also collect information from sanitation districts on current policy and requirements for permitting pool and spa discharges to their sanitary sewer systems. o)&=rs & cleaningn r - Survey private and commercial pool and spa owners, and cleaning contractors to document the numbers and types of pools and spas, the chemical treatments used to control algal; growth and corrosion,and other O&M practices that can affect water quality. Task 3: &view and finaliz wow - Convene a Stakeholder Advisory Croup that will include representatives from sanitary districts, regulatory agencies, resource agencies (e.g., California Department of Fish and Came), commercial cleaners, and ether interests to provide oversight to the project. Present project concept and submit the draft workplan for reviewby the Advisory Croup and BASMAA. Work with Advisory Croup and C',BUSKESS\CLIEN'TS\CONf'OSTATOOL-SPAISCOPE.DOC h BASMAA to refine the workplan, and develop a final workplan that ensures product is transferable to other BASMAA agencies. Task 4: ltaractcria pool and spa discharge water, quality - Conductsampling and laboratory analyses to characterize the quality of pool and spa discharges] at a sufficient number of locations to reflect any differences in pool and spa water quality created by different water sources, different disinfection practices, and different algal and corrosion control practices. The preliminary recommended analytical suite is included as Table 1, however'this list of constituents may be modified as part of the development of the workplan. Once the initial analytical suite is selected, we propose that an initial subset of samples (approximately 20 samples) be analyzed using the initial analytical suite. The analytical suite for the remaining samples in the study would then be modified based on the initial sampling results. Given the variety of factors that may affect water quality and the need for a robust data set on which to make informed decisions, we assume approximately 100 samples will be collected. In addition to the 100 pool and spa samples, we will collect about 20 additional samples for QA/QC purposes (e.g., equipment blanks, duplicates). The total number of samples should be sufficient to evaluate, within a 95% confidence level, whether pool and spa water is acceptable for discharge to the storm drain or sanitary sewer. Woodward Clyde will perform the water quality sampling. Sampling of public pools may be conducted in coordination with the Department of Environmental Health and municipal agencies. Sampling of private pools may be conducted in coordination with cleaning contractors. As a contingency, it is also possible that the private pool sampling be coordinated through homeowner associations or organizations such as the National Spa and:Pool Institute, or the National Swimming Pool Foundation. Woodward Clyde will perform the QA/QC review of the water quality data following EPA guidelines. The following parameters will be reviewed: • Method blank • Laboratory control sample • Matrix spike/matrix spike duplicate, or laboratory duplicate analysis • Laboratory duplicate analysis instead of a matrix spike duplicate • Initial and Continuing calibration(for metals only) • Serial dilution (for metals only) The QA/QC review will evaluate if the data are of acceptable quality' in terms of accuracy, precision, and lack of contamination, or if there are issues that affect the usability of the data. C-\BUSINES9\CLIENTS\CONCOSTA\POOI.SPAISCOPE,DOC 3 Task 5: Evaluate if thae is a problm. and if so, mLbjg is the n= of that pxoblem - For the option of discharge into the sanitary system, compare data to water quality requirements for discharge as stipulated by local sanitary districts. To evaluate if there is an impact to receiving waters for the option of discharge into storm drains, compare data to regulatory water quality criteria(e.g., Basin Plan standards) and other criteria designed to protect aquatic life. In both cases, criteria selection will be approved by the Advisory Group and the Regional Board, and California Department of Fish and Game. By comparing pool and spa water quality to discharge limits and/or receiving water criteria, determine acceptability of discharging pool and spa water to sanitary or storm sewer with no additional BMPs. Task 6: Develop.draft and final repot s- Develop a draft report summarizing results from each task, including results from the surveys of water purveyors and sanitation districts, water quality sampling, evaluation of exceedances of water qualitycriteria, and recommendations. Submit to Stormwater Program and Advisory Group for review. Incorporate comments and issue final report. gip& of W—Qrfor Phase II If it is identified under Phase I that pool and spa discharges to the storm and/or sanitary sewer system are problematic, Phase II tasks will be performed. These tasks will consist of developing, testing, and recommending methods to be used to address problematic discharges. We understand that Phase II work will be authorized only after Phase I is completed, reviewed, and approved by the Management Committee. The preliminary scope of work developed for Phase 11 is as follows: Task 1: Deyelop_and test BMP-9V-ti= - Based on the results of Phase I,'identify most feasible BMP options to meet the discharge limits and/or water quality ',criteria. Such options may address modifications in maintenance and cleaning practices, or changes in chemical type and/or dosage. If necessary, develop and test BMP options in terms of cost, effectiveness, and feasibility. The specific type of testing that might be required would be determined as part of the project, but could include bench scale or pilot scale testing of different chemical treatments. If impediment is flow related, recommend policy language controlling when and under what conditions such discharges will be permissible. Task 2: Recg ; end,ap=priate BMPs - Based on results of Task 1, identify advantages and disadvantages of each BMP, and make recommendations on preferred BMPs. Convene Advisory Group to finalize recommendations. Task 3: Develop BMP and testing guidance -Develop implementation guidance for BMPs for pool/spa owners and maintenance contractors that would constitute Maximum Extent Practicable (MEP). Also develop testing guidance to be used to ensure that the quality of discharges meet requirements, and to develop data to refine, if necessary, BMPs in future. C:lal7SIN£S.S%CLIENTS%CONCOSTA%POOL-SPAISCOPE.DOC 4 Task 4: 2=lop_Qutreach Plan-Develop an outreach plan with stormwater program Public Education and Industrial Outreach(PEIO)Committee to educate homeowners and contractors about requirements for cleaning and emptying pools/spas, backwashing filters, and obtaining permits. Task 5: Deyejop_drand final reports - Develop a draft report summarizing results from each task.,including development and testing of the BMPs, development of BMP guidance,and the public outreach efforts. Submit to Stormwater Program and Advisory Group for review. Incorporate comments and issue final report. SCHEDULE As shown in Figure 1, the schedule for completion of Phase 1, assuming a Notice to Proceed of June 1, 1998 is February 2, 1999. Phase 11, if required, would extend to August 4, 1999. BUDGET The budget for the two phases of the study is$108,100. E:'.BUSINESS\CLIENTS\CONCOSTATOOL-SPAISCOPEDOC 5 TABLE 1 POOL AND SPA DISCHARGE SPECIAL STUDY PRELIMINARY ANALYTICAL SUITE Analyte Method Description Holding Time PH EPA ISO.I or Field Electrometric ASAI' Alkalinity EPA 310.1 Titrimetric 14 days Total Hardness EPA 130.2 Titrimetric 6 months Total and Dissolved Copper EPA 6010 Inductively Coupled Plasma 6 months Total and Dissolved Silver EPA 6010 Inductively Coupled Plasma 6 months Residual Chlorine EPA 330.5 or Field Spectrophotometric (lab) ASAP Bromide EPA 320.1 Titrimetric 28 days TDS EPA 160.1 Gravimetric 7 days TSS EPA 160.2 Gravimetric 7 days Ammonia EPA 350.3 Potentiometric 28 days NOTE: Additional constituents to be added following completion of Phase I Tasks 3 and 4 x;Wonaa\pool$spa1AKALY7ES.At,S 5li3/9K CL v cn 75 r C a Sr tD Q try r ca t0 N N S] W 0) � O a a � I � 0 z Fa 0 a a� to 0 tm d) o a N N co 3 N tp o. a to e+164A = y, U? ...................e........,.................. .................... .............. .............. ,......... ....... .............................. .......... ...,........... .......,................. ........ 00 M, omo CO to O O CA M 07 '0 m � �� � r j ", Wo jCh i6�S t`v r N i rn a� o`i ro u`� u� v ; — N t� N M to t7 Q ham`- LL co co w ao co co m rn rn rn 05 rn s7� rn m rn e n rn rn ay Z, . z rn cri rn a7 az rn rn _ c`i. o ci> r r ca co N N � tU o N C N E m > > a. ' ca m v g G7 'C W- j C a10 C w CL u�i Y `}-, o ?� o X a [Y 8 ;T 2 o : m ti a m w doa o c # w a C1 m ii o as ai m D t� 3 us m a a a E tC �y a 7 0 a N i�m � � � � U O � O o p � o to � �ss > a m a a> a> cs -a 0 � tj O E [L LCIS U C� E O p m c .c g� iV tV :N `p M '4i' .tri iL7 M .(D E N .�N_ Y N .Y .�[ Y .Y N T' CV .M C 117 c`C try (1„ tm fD td T F :a ih ,� � ,� a r a ►`°- rm a`"- t`° 'a a` ;� o cn t� a U c of _ ns r N M a 0 P W Vl er„ aN- v P to 1- OD Qi CS r l9 .� r r r N N0. Appendix "B" WOODWARD +CLYDE INTERNATIONAL-AMERICAS SCHEDULE OF FEES AND CHARGES CONTRA COS'T'A COUNTY FLOOD CONTROL ANIS "MATER CONSERVATION DISTRICT The following describes the basis for compensation for services performed through August 1999,for the Pool and Spa Discharge Special Study. If required,this Schedule of Fees and Charges will be adjusted on September 1, 1999,to reflect merit and economic salary increases,and changes in the expected level and mode of operations for the new year. PERSONNEL CHARGES The charge for all time required in the performance of the Scope of W-C LABORATORY SERVICES Services, including office, field and travel time,will be at the Unit Price Hourly Rates set forth below for the labor classifications The chargees for laboratory testing performed at W-C facilities are set indicated. forth in the Schedule of W-C Laboratory Testing Charges. Labor Classification Hourly Rate OTHER PROJECT CHARGES Clerk* $ 40 'Technical Typist/Word Processor* 63 Subcontracts and Cather Nan-Salary ExWjmses Editor 68 The cost of services subcontracted by W-C to others, including but Drafter/Illustrator 68 not limited to,chemical analysis,test borings,specialty contractors, Sr.Drafter/Illustrator 79 surveyors, consultants, and equipment rental; e.g., backhoes, Technician 70 bulldozers,and test apparatus,etc.,will be charged at cost plus 12%. Senior Technician/Lab/Field Supervisor 89 Staff Professional 92 Other Project Non-Salary Expenses Asst.Staff Professional 72 Other costs incurred by W-C,which are directly identifiable to the Sr.Staff Professional 98 project, including, but not limited to: vehicle rental; subsistence:; Assistant Project Professional 109 fares of public carriers;special supplies and/or equipment;fees and Project Professional 126 special project insurance; permits and licenses; shipping charges; Consulting Professional 150 tolls and parking; special drafting, stenographic, or printing Sr.Consulting Professional 152 supplies, including outside printing of photographs, photostats, Principal/Sr.Principal Professional 160 blueprints,etc.,will be charged at cost plus 12%. When W-C staff appear as expert witnesses at court trials, Communications arbitration hearings, and depositions, their time will be charged at The cost of communications including telephone(excluding cellular $250/hour. All time spent by personnel preparing for such trials, phones),telex,facsimile,postage,and incidental copying costs will be hearings, and depositions will be charged at the above standard charged at a flat rate of 3%of total grass labor charges. rates. Computers Charges for contract personnel under W-C supervision and using The charge for use of in-house computers for analytical calculations; W-C facilities will be made according to the hourly rate database management,graphics generation,Computer Aided Design corresponding to their classification. and Drafting (CARD), Geographic Information Systems (GIS), modeling applications and other similar functions is as follows: Overtime(hours worker)in excess of 44 hours per week by exempt Network PC $15.00/hr personnel will be charged at the above straight time hourly rate. CADD $25.00/hr Overtime by non-exempt personnel (classifications identified with GIS $35.00/hr an asterisk"*")will be charged at 1.3 times the above hourly rates. Mini Computer $50.00/hr Special project accounting reporting and financial services, In addition to the above,there will be<a charge of$5.00 each for including submission of invoice supporting documentation,will be paper plot and$15.00 each for mylar plot generated by the CADD charged at the rate of$45 per hour. and GIS systems. This fee schedule contains confidential business information and is not to be copied or distributed for any purpose other than the use intended in this contract or proposal. V&odward-C"e 10 4AK97A(Revised 41/03/97) H;"3}RGAMATP.OJECT3\91CO413F',FEE5CHED.DOC 5/19/98 Minimum charge is 4 hours. Document Reproduction In-house reproduction will be charged at the following rates: PAYMENT AND INTEREST CHARGES Size Black cYz White Color 8-1/2 x 11 $11.15/page $1.25/page W-C shall submit progress invoices to Client in duplicate showing 1t x 14 $0.15/page $1.50/page the services perforated during the invoice period. and the charges 11 x 17 $0.17/page $2.40/page therefore. Specialized Equipment Within thirty(30)days after receipt of an invoice, Client shall pay the The use of specialized W-C equipment will be the fixed rental full amount of the invoice; however, if Client objects to all or any rates set forth in the Schedule of W-C Specialized Equipment portion of any invoice,it shall so notify W-C of the same within fifteen Charges. (15)days from date of receipt of invoice and shall pay that portion of the invoice not in dispute. The parties shall immediately make every effort Vehicles and Mileaae to settle the disputed portion of the invoice. Client shall pay an The mileage charge for personal vehicles used on project additional charge of one and one-half percent(1-1/2%) per month for assignments will be the then current mileage rate established by any payment made more than thirty(30)days after receipt of the invoice. the Internal Revenue Service for tax purposes. The markup The additional charge shall not apply to any disputed portion of any associated with Other Project Non-Salary Expenses shall apply to invoice resolved in favor of the Client. these charges. Client shall reimburse W-C for any sales,use,and value added taxes that W-C owned vehicles used on project assignments will be charged apply to the Services. Such reimbursement shall be in addition to the at the following rental and mileage rates without markup. compensation due for services. Rate state/ Any attorney's fees, court costs,and other related expenses incurred by Vehicle Type Hourly Baily Weekly Monthly Mile W-C in collecting delinquent invoice amounts shall be paid by the Pickup $6,00 $35.00 $175..00 $700,00 $0.45 Client. Four Wheel Drive $5.00 $45.00 $225..00 $1100.00 $0.45 Van $10.00 $60.00 $300.00 $300.00 $0.45 Woo d a d OAK97A(Revised 01/03/97) HADRFANIATROJECTs191C0413FTEESCHED.DOC, 5/141% ............ ......... ......... ......... ........................ . ......... ......... ._....... ......... __ ......... ......... ......... ......... _ . .................................................................................. .................................. Appendix "C" Pool and Spa Discharge Special Study Staff Classifications Name classification Peter Mangarella, Ph.D., P.E. Senior Consulting Professional Revita€ Katznelson, Ph.D Consulting Professional Terry Cooke Consulting Professional Michael Parenti Consulting Professional Donna Bodine Assistant Project Professional Michelle Wood Assistant Project Professional Selim Zeyrek Senior Staff Professional Almudena Vil€aneuva Staff Professional Robin Plutchok Staff Professional John Wharton Staff Professional Page 1 C044SULTING SERVICES AGREEMENT n 1 Special Candido>s. These Special Conditions are incorporated below by reference. (a) Public Agency:Contra CoStaCaunty Flood ontro &Water Conservation District MJ2i (b) Consultant's Name&Address: Woodward-Clyd Consultants 44 C''"l. 500 12th St Suite 100 - - - Oakland CA 94607-4014 -- -- -- (c) Project Name,Number&Location:Contra Costa Clean Water Program—Pool&Spa Discharge Special Study,Project No.0929-6X7019 (d) Effective Date:06/01/98 (e) Payment Limit(s):$108,100.00 (f) Completion Date(s):09/30199 (g) Federal Taxpayer's I.D.or Social Security Number:94-1716908 2. Signatures. These signatures attest the parties'agreement hereto: PUBLIC AGENCY CONSULTANT By: J.Michael Walford Public Works Director/ By:— Chief Engineer (Designate official capacity in the business Type of Business(sole proprietorship, government agency,partnership,corporation,etc.) r_1:t-...-..'' �JS ..- If Corporation,Stat®of Incorporation: � — W C _ By, rte~ f By: ettr - (Designate official capacity in the business) Note toConsultant: For corporations,the ract must be signed by two officers. The first signature must be that of the chairper n o heard, ' president or vice-president;the second signature must be that of the secretary,assistant secretary,chief financial officer or assistant treasurer.(Civ. Code,Sec. 1190 and Corps.Code.Sec.313.) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of California } } ss. County of a � L Uti ) On the date written below,before me,the undersigned Notary Public,personally appeared the personfs�signing above for Consultant,•pewseaaily-kn&-m.-m to pa4or proved to me on the basis of satisfactory evidence)to be the person,(s -whose name(o) ls/arQ subscribed to the within instrument and acknowledged to me that4elsheltbey-;cixecuted the same in Psis/her/thaicauthorized capacity,(tias),and that by-bis/herftlae+wsignature(s)on the instrument the person(sj;or the entity upon behalf of which the persor4e)acted,executed the instrument. WITNESS my hand and official seas ' '' Dated: �; Nof CO y.o�bt 1046 4$ ir ALAMEDACoUW Notary Public "�Y tris r Fe:Pines DEC 4,1948 (Notary's Seal) dam, 3. Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as follows: 4. Emolovment. Public Agency hereby employs Consultant, and Consultant accepts such employment,to perform the professional services described herein,upon the terms and in consideration of the payments stated herein. 5. Scone of Service. Scope of service shall be as described in Appendix A,attached hereto and made a part hereof by this reference. 6. Reoort Disclosure Section. Any document or written report prepared hereunder by Consultant, or a subcontractor,for Public Agency shall contain,in a separate section,the numbers and dollar amounts of this contract and all subcontracts relating to the preparation of such document or written report,provided that the payment limit specified in Sec. 1(e)exceeds$5,000. When multiple documents or written reports are the subject or products of this agreement,the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports. 7. Insurance. Consultant shall,at no cost to Public Agency,obtain and maintain during the term hereof:(a)Workers'Compensation Insurance pursuant to state law;(b)Professional Liability Insurance with minimum coverage of$1.000.000.00 and a maximum deductible of$25Q&Q0.00; and(c)Comprehensive General Liability Insurance,including blanket contractual(or contractual liability)coverage,broad form property damage coverage,and coverage for owned and non-owned vehicles,with a minimum combined single limit coverage of$1.000,000.00 for all damages due to bodily injury,sickness or disease,or death to any person,and damage to property,including the toss of use thereof,arising out of each accident or occurrence,and naming Public Agency,Contra Costa County,City of Antioch,City of Brentwood,City of Clayton,City of Concord, Town of Danville,City of EI Cerrito,City of Hercules,City of Lafayette,City of Martinez,Town of Moraga,City of Orinda,City of Pinole,City of Pleasant Hill, City of Richmond, City of San Pablo, City of San Ramon, City of Walnut Creek, its/their governing bodies, officers and employees as additional insureds. Consultant shall promptly furnish to Public Agency certificates of insurance evidencing such coverage and requiring 30 days'written notice to Public Agency of policy lapse,cancellation or material change in coverage. 8. Payment Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B attached hereto,which include all overhead and incidental expenses,for which no additional compensation shall be allowed. >Notwithstanding the foregoing,those incidental expenses specifically itemized in Appendix B shall be reimbursable by Public Agency to Consultant,provided that Consultant submits copies of receipts and,if applicable,a detailed mileage log to Public Agency. In no event shah the total amount paid to Consultant exceed the payment limit(s)specified in Sec. 1(e)without prior written approval of the Public Agency. Consultant's billing statements shall be submitted at convenient intervals approved by Public Agency and shall list,for each item of services,the employee categories,hours and rates. Payment will be made within thirty(30)days after receipt of each statement. 9. Status. The Consultant is an independent contractor,and shall not be considered an employee of Public Agency. 10. Time for Completion. Unless the time is extended in writing by Public Agency,Consultant shall complete all services covered by this Agreement no later than the Completion Date(s)listed above. 11. Record Retention and Auditing. Except for materials and records delivered to Public Agency,Consultant shall retain all materials and records prepared or obtained in the performance of this Agreement, including financial records,for a period of at least five years after Consultant's receipt of the final payment under this Agreement. Upon request by Public Agency,at no additional charge,Consultant shall promptly make such records available to Public Agency,or to authorized representatives of the state and federal governments,at a convenient location within Contra Costa County designated by Public Agency,and without restriction or limitation on their use. 12. Qbcumeritation. Consultant shah prepare and deliver to Public Agency at no additional change,the items described in Appendix A to document thei performance of this Agreement and shall furnish to Public Agency such information as Is necessary to enable Public Agency to monitor the performance of this Agreement. 13. Ownership of DgcuMOU. All materials and records of a finished nature,such as final plans,specifications,reports,and maps,prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of Public Agency. All materials of a preliminary nature,such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement,shall be made available,upon request,to Public Agency at no additional charge and without restriction or limitation on their use. 14. E,Lara Work. Any work or services in addition to the work or services described In Appendix A shall be performed by Consultant according to the rates or charges listed In Appendix B. In the event that no rate or charge is listed for a particular type of extra work,Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed by Public Agency prior to the commencement of the work. 15. Payment Retentlon. Public Agency shall retain ten percent (10%)of the monies due the Consultant as security for the fulfillment of this Agreement. After the Consultant has completed each task as identified in Appendix"A" under this Agreement,submitted final billing,and the Public Agency has found the work to be accurate,the Public Agency will pay all withheld funds. Payment of withheld funds will be made within thirty(30)days of completing this work and submittal of a final billing. A retention will not be withheld for any"on-call"work. 16. Termination by Public Agency. At its option,Public Agency shall have the right to terminate this Agreement at any time by written notice to Consultant,whether or not Consultant is then in defauit. Upon such termination,Consultant shall,without delay,deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement,and shall be paid,without duplication,all amounts due for the services rendered up to the date of termination. 17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the services described in this Agreement,Consultant shall,without delay,deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement,and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment,less a deduction for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment. 18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating to the performance of this Agreement shall not be subject to non judicial arbitration. Any litigation involving this Agreement or relating to the work shall be brought in Contra Costa County,and Consultant hereby waives the removal provisions of Cdde of Civil Procedure Section 394. 19. Qom2liance witp Laws. in performing this Agreement, Consultant shall comply with all applicable laws, statutes, ordinances, rules and regulations,whether federal,state or local in origin. 20. Assisanment. This Agreement shall not be assignable or transferable in whole or in part by Consultant,whether voluntarily,by operation of law or otherwise,provided,however,that Consultant shall have the right to sub-contract that portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public Agency of such subcontracting prior to execution of this Agreement. Any other purported assignment,transfer or sub-contracting shall be void. 21. Endorsement on Plans. Consultant shall endorse all plans,specifications,estimates, reports and other items described in Appendix A prior to delivering there to Public Agency. 22. Pa1§nts and Coo)Tjghts. The Issuance of a patent or copyright to Consultant or any other person shall not affect Public Agency's rights to the materials and records prepared or obtained in the performance of this Agreement. Public Agency reserves a license to use such materials and records without restriction or limitation,and Public Agency shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by Public Agency shall continue for a period of fifty years from the date of execution of this Agreement,unless extended by operation of law or otherwise. 23. Indemn€fioAjgn. Consultant shall defend,indemnify,save and hold harmless Public Agency,Contra Costa County,City of Antioch, City of Brentwood,City of Clayton,City of Concord,Town of Danville,City of El Cerrito,City of Hercules,City of Lafayette,City of Martinez.Town of Moraga, City of arinda,City of Pinole,City of Pleasant Hill,City of Richmond,City of San Pablo,City of San Ramon,City of Walnut Creek, €1their governing bodies,officers and employees from any and all claims,costs and liability for any damages,injury or death arising directly or indirectly from,or connected with, the services provided hereunder and due to,or claimed or alleged to be due to, negligence or willful misconduct of Consultant,its officers,employees,agents,sub-consultants,or any person under its direction or control,save and except claims or litigation arising through the sole negligence or sole willful misconduct of Public Agency,and will make good to and reimburse the indemnitees for any expenditures,including reasonable attorney's fees,the'Indemnitees may make by reason of such matters and,if requested by any of the Indemnitees,will defend any such suits at the sole cost and expense of Consultant. 24. Heim.Successprl aW Asaians. Except as provided otherwise in Section 20 above,this Agreement shall inure to the benefit of and bind the heirs,successors,executors,personal representatives and assigns of the parties. 25. PubiiccEtLdoMgrpLr&. Contractor shall not In Its capacity as a contractor with Public Agency publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Public Agencys governing board. In its Public Agency Contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well- established and widely-accepted scientific basis for such claims or without the prior approval of the Public Agency's governing board. In its Public Agency contractor capacity,Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product,even if Contractor is not publicly endorsing a product,as long as the Contractor's presence in the advertisement can reasonably be Interpreted as an endorsement of the product by or on behalf of Public Agency. Notwithstanding the foregoing,Contractor may express its views on products to other contractors,the Public Agency's governing board,its officers,or others who may be authorized by the Public Agency's governing board or by law to receive such views. 26. PrJ,c Personnel, In performing the services under this Agreement,Consultant shall use the personnel listed in Appendix C,attached hereto and made a part hereof by this reference. Changes in project personnel may only be made with Public Agency's written consent,and Consultant shall notify Public Agency In writing at least thirty(30)days in advance of any proposed change. Any person proposed as a replacement shall possess training,experience and credentials comparable to those of the person being replaced. Attachments:Appendix A,Appendix B,Appendix C Form approved by County Counsel(8193) G:\GrpData\NPDES1CONTRACI1WoodwardClyde\WWCOSA2.doc