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HomeMy WebLinkAboutMINUTES - 03192002 - C12 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on March 19,2002 by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER.>and GIOIA' NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/141 SUBJECT: Approve and Authorize Chair of the Board of Supervisors to Execute,"Acquisiton of Off--Site Right-of-Way" Agreement for Drainage Acceptance File DA0011and Subdivision 7725, being 'developed by GHC Investments, L.L.C., Alamo area (District III). An agreement for acquisition of of off-site right of way was presented for Board approval and execution, for drainage acceptance file DA0011 (Subdivison'7725)'property located in the Alamo area,Supervisorial District III. In said agreement,GHC Investments,L.L.C.agrees to pay all costs and expenses of aquirng tiff-site right-of-way, necessary for construction of storm drain improvements, between Fairdale Way and Jennifer Lane,' to meet drainage' requirement for Subdivision 7725. Said document was accompanied by cash deposits and a surety bond to guarantee payment of costs for right-of-way acquisition, under the terms of the acquisition of off.-site right-of-'way agreement, as follows:' 1.: Cash Deposits Auditor's Deposit Permit Number: DP 381938 Dated: February 21,2002 Submitted by GHC Investments,L.L.C. Taxpayers Identification Number: 770536786 A. For Preliminary Costs and Expenses,under agreement Section 8: $5,00}00 B. For Probable Compensation, under agreement Section 9:' $30,000.00 Originator:Public Works(Es) I hereby certifythat this is a true and correct copy of an action taken and Contacts Joseph Maggio(313-2345) entered on the minutes of the Board of Supervisors on the date shown. G:\GrpbatatEngSve130\2002\3-19-021.SLJB 7725 BO.doc ID:Iad , j cc: Public Works-R.Bruno,Construction ATTESTED: t Com' Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and County GHC Investments,L.L.C.' Administrator Aun: Tim Quinn 4340 Stevens Creek Blvd.,Ste,240 San Jose,CA 95129 Developers Surety and Indemnity Company Attu: Richard Svec P.O.sox 14725 By ,'Deputy Irvine,CA 92623 RESOLU NO.20011 141 SUBJECT: Approve and Authorize Chair of the Board of Supervisors to Execute,"Acquisiton of Off-Site Right-of-Way" Agreement for Drainage Acceptance File DA0011 and Subdivision 7725, being developed by GHC Investments, L.L.C., Alamo area (District III) DATE: March 19, 2002 PAGE: 2 2. Surety Bond Bond Company: Developers Surety and Indemnity Company Bond Number: 8674865 Dated: February 14 2002" Principal: GHC Investments,L.L.C. "Security for Principal's Obligations", under agreement section 10: $85,300.00 NOW, THEREFORE,THE FOLLOWING IS RESOLVED: 1. Said acquisition of off-site right-of-way agreement is APPROVED. 2. The Chair of the Board is authorized to execute said agreement. The deposit permit (DP 381938, dated February 21 2002 is on file with the Public Works Department. COUNTY OF CONTRA COSTA _. _.0 �., DEPOSERN►IiT OFFICE OF tOUNT4 AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA . RECEIVED FROM ORGANIZATION NUMBER U13L (2'. (cC 'I � M (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACCT.,' TASK OPTION ACTIVITY AMOUNT .JAL 10Ilit?�,0o �(r3rI $ oc e 5 t.y_ v° &:T t)1.3`1 166 ' L r r : Lk 2 L C05C, 3 Ey 5 00 1A 11c, Log16 # � . pA voy5,;19 T-) ��O 137 3 Ela EXPLANATION: C COW i>j`.C-T 1 U9 1 S 5 1 r C, I pq 1 5 5 5 TOTAL $ i 1 D9 1 b9 - G-� #1J�11 10t�Ci- G--1 1&91 7l�t C� 1t' 171 - DEPOSIT p L VOID f-1 10913:)_7' 0913:) ?y Deposit consists of the following items �#) � COIN and CURRENCY $, 161 CHEC4i q t 51-7Llb 6J' BANK ANK D,M.O.,ETC. $.� v��� BANK $ FOR AUDITOR-CONTROLLER USE ONLY oi5 tp f 'i v 1 t t I is l v" c G °v �:jv f DEPOSIT PERMIT fo cGL 1Dv,' t Liv " 13t�(o, `'j L�j `1J 1� NUMBER DATE rr - �9 .t` c� l � �j 1) 3 ASSIGNED The amount of money described above is for Treasurer's receipt of above oriwunt is approve Receipt of above amount is hereby acknowledged. deposit into the County'Treasury." Signe Data _ ,^'rf ..._ Signed: Signed: Tittle:))J, ' Cj� EXTT asurery D-34REV(7-43) CA 1>1 P,i)J TA 17 G. �to Gb r� Z/x;0 /�' --- COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTYAUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ;CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (f)ryonimtianl ' (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUME/ORG. SUB, ` TASK OPTION ACTIVITY AMOUNT ACCT11111-1 ,11 ,' � '" 51) I' o95 3 ;©v �c k_c 11'1 P L V t t A/ l �C t Lv 7 c 0 j)1A 45 EXPLANATION: TOTAL $ i DEPOSIT t Deposit consists of the following items> COIN and'CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSITr PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amountAs app Receipt of above amount is hereby deposit into the County Treasury. acknowledged. Signed Date Signed: Signed: Title EXT. Deputy County Auditor Deput su D-34 REV!(7-93) ly4k , f COUNTY OF'CONTRA COSTA pcf OFFICE OF COUNTY AUDITOR-CONTROLLER , TO THE TREASURER: MARTINEZ,CALIFORNIA �4 , RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB' TASK OPTlON ACTIVITY AMOUNT ACCT 8L j i a 1 'i t . I t '.. I I EXPLANATION. TOTAL DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,:kO,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED j ASSIGNED The amount of money described above is for Treasurer's receipt of'above amount is a' d. Receipt of above amount is hereby d` osit into the County Treasury. ; acknowledged. SicRred: Dote ' Slgried: `` Signed: Title: ` . r XT. Deputy County ditor Deputy sorer )-34REV.(7-93) ` $ a 0682-9752 / 819200: G1091363, $13,776.00 M521-98, Sara R. '& A. Eric Ghisletta & J. T Ten, 330 Arroyo Dr, Martinez, CA 94553 0648-9140 / 812100, G1091361, $5,345.00, MS 21-98, Kent Douglas Randall, 2711' Benson Ct, Martinez, CA 94553 0648-9140 / 812100: 61091716, $29,206.00, MS 801-00, City of Walnut Creek, P 0 Box 8039, Walnut Creek,CA 94596 819800-0800: G1091361, $1,200.00, M521-98, Kent Douglas Randall, 2711 'Benson Ct, Martinez, CA 94553 0649-9665 / 831000: 61091095, $1,395.05, Flood Control FC630-99, Beck Properties Inc, 3114 West Hammer Ln, Stockton, CA 95209 0649-9665 / 831000: G1091347, $500.00, Record of Survey 852651, Albert D. Seeno Const Co, P 0>>Box 4113, Concord, CA 94524 0649-9665 / 831000: 611091348, $500.00, Record of Survey 852650, Albert D. Seeno Const Co, P 0 Box 4113, Concord, CA 94524 0649-9665 / 831000: 61091353, $6,100.00, M513-98, Plan Review, John M. & Debbie L. Pereira, 1505 Finley Rd Pleasanton, CA 94588 0649-9665 / 831000: 61091354, $5,000.00, Flood Control Permit FC613-01, Blacksmith Homes LLC, 12885 Alcosta Blvd Suite A, San Ramon, CA 94583 0649-9665 / 831000: 61091359, DA 0011, GHC Investments LLC; 4340 Stevens Creek Blvd Suite 240, San Jose, CA 95129 $5,000.00 Acquisition of offsite R/W agreement Section 8, Preliminary costs & expenses deposit $30,000.00 Section 9, Probable Compensation deposit 0649-9665 / 831000: G1091361, M521-98, Kent Douglas Randall, 2711 Benson Ct, Martinez, CA 94553 Inspection Deposit $4,290.64' Map Check Deposit $1,189.00 Improvement Plan Review $1,000.00 0649-9665 / 831000: 61091363, $4,825.36, M521-98, Inspection Deposit, Sara R. & A. Eric Ghisletta & J. T. Ten, 330 Arroyo br, Martinez, CA'94553 Inspection Deposit Subdivision: 7725 Bond filo.: 8674865 PREMIUM: $853.0{} SECURITY BOND FOR ACQUISITION OF OFF-SITE RIGHT-OF-WAY AGREEMENT (Performance,Guarantee,and Payment) (Calif:Government Code§§66499-66499.10)' 1. REC,k ITAL OF S pIVISION AG .The Principal has executed an air ent with the County to acquire off-site right of way for the construction of drainage;,irmprovements for Subdivision as specified in the Acquisition of Off-Site Right-of-Way Agreement,and to complete said work within the time specified for completion in the Acquisition of Off-..Site Right-of-Way Agreement„ all in accordance with State and local lawsand rulings thereunder in order to satisfy conditions for filing of the Final,Map or Parcel Map for said Subdivision. GHC rrtveSt:TttG�nt a LLC asPriuci , 2. OBLIGA I pal and DEVELOPERS SURETY AND INDEMNITY: COMPANY ,a corporation organized existing under the laws of the State of IOWA _ ,and authorized to transact surety business in California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors,administrators, successors,and assigns to the County of Contra Costa,`California,to pay it; ($85-,300. 06) A. Performance&Guarantee Eighty Fire Thousand Three Hundred Dollars (S)for itself or any city-assignee under the above County Acquisition of Off-Site Right-of-Way Agreement. 3. CONI3MON.This obligation is subject to the condition set forth on the reverse side hereof: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded principal, his or its heirs,executors,administrators, successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration'thereof made as therein provided,on is or its part„to be kept and performed at the time and in the manner thereia specified,and in all respects according to their trete intent and meaning;and shall indemnify ,and save harmless the County of Contra Costa (or city assignee), ;its officers, agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and -remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified dierefor,there shall be included costs and reasonable expenses and fees,including reasonable attorneys fees,incrured by County(or city assignee)'in successfully enforcing such obligation,all to be taxed'as costs and included'in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound onto the County of Contra Costa and all other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials frnisled or labor thereon of any kind,or for mounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an mount not exceeding the amount herein above set forth,and also in case suit is brought upon this bond,'will pay,in addition to the fact amount thereof,costs and reasonable expensesand fees,including reasonable attorney's fees,incurred by County (or city assignee)in sucoessfuily enforcing such obligation,to be awarded and fixed by the court,and to be taxed as casts and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporationsentitled to file claims under Title 15(commencing with Section 3€}82) of fart 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this brand be fully performed thein;this obligation shall become null and void,, otherwise it shall be and remain in full force and effect. C. No alteration of said Acquisition of Off-Site Right-of-Way Agreement agreed to by the Principal and the County shall relieve any Surety from liability on this bond;acrd consent is hereby given to make such alterations without finer notice to or consent by'Surety; and the Surety hereby waives the provisions of California Civil Code §§ 2819, and holds itself bound without regard to and independentlyof any action against'Principal whenever taken. SIGN?AND SE&LED on FEBRUARY :14, 2002 GHC Investments, LLC DEVELOPERS SURETY AND INDEMNITY COMPANY Principal Surety 4340 Stevens, Creek Blvd. #240 3100 OAK ROAD, QUITE 260 Address Address' Sart Jose, CA 953.29 WALNUT CREEK, CA 94596 City,State and,Zip City,State and Zip By $y Ronald Mukai Patrick Costanzo, Jr. RICHARD S. SVEC Print Name Print Name CFO / Executive Vice President ATTORNEY-IN-FACT Title Title (This area for official notary flags.All signatures must be properly notarized in accordance with Civil Code Section 1 ISO. The names and titles of the people signing the documents must be listed on the notary flag.) :... `Y-"etl:� .. .Ni :.::3M NE'e. ..,.. .i..tl..:L:ugn•ap:.a:i: S3.a.ai:.:!SY:.:i:..yy.u:n..3k..uq ':.a:36::z::u:i.u:.:::•u ir:.:piu:::.0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Calif ' is County of Santa Clara On FEBRUARY 14, 2002for ,- nn^Swt&t.ten h� _.:t' y-Public personally appeared Richards ; vet✓ personally known to me-OR- proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged `'to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or ANNA SWEE TE, the entity upon behalf of which the person acted, COMM #13167 4 NOTARY Pt a.t{°_carr FogWA executed the instrument. SANTA CLARA CC'�a MY CON.EYP0e6 August 3w,200 WITNESS my and and official seal SMATt3tEi^OF NOTARY OPTIONAL. Though the data below is not required bylaw,it may prove valuable to personsrelying on the document and could prevent fraudulent' reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑INDIVIDUAL' ❑CORPORATE OFFICER RIGHT OF WAY BOND TITLE(S) TITLE OR TYPE OF DOCUMENT OPARTNER(S) [l LIMITED 0 GENERAL OATTORNEY-IN-FACT NUMBER OF PAGES OTRUSTEE(S) QGUARDIAN/+CONSERVATOR [:IOTHEK. DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE SIGNER.IS REPRESENTING NAME of PERSON(s)OR tI'[`ny(j~S) DEVELOEPRS SURETY AND INDEMNITY COMPANY POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each severally,but not jointly,hereby make,constitute and appoint: *** Richard Svec, Anna Sweeten, Rick F. Prentice, William J. Prentice, Suman K. Toor, jointly or severally*** as the true and lawful Anomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship giving and grantingunto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of theta hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)'named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 81h day of November,2000. By: ,,,al«unnla .* AND FAPANY O David H.Rhodes,Executive Vice President �� } F2-.,rte Ofij�r�C?�< =w` SEAL = = w OCT.6 1967 =0; 11136 cam? Walter A.Crowell, Secretary :+� fOW ,•' CIF'OP1� ,3p`'••... ....• ,``llf/elfl1k�11111�itt,'` STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On November 8,2000,before me,Diane J.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. WSJ.118 CO7M r t�MM.Mtt87928 �(�„� .,, ' N01M11YPUBi1C-CALiFORtiIA m Signature L ORAISIGEC 0MM Z UfyCmvn i xp.Jtn d,20C� CERTIFICATE The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 14THday of FEBRUARY 2002 '�.d. By David G'.Lane,Chie€Operating Officer { { i ID-1380(11100) z� CALIFORNIA N'IA ALL-PURPOSE ACKNOWLEDGMENT State of California s 4 ss. County of fi On'rev,�oje-i4 t`t ZCz-Z.,, before me,T bt1(" C — Name and Title of officer(e.g.,"Ane Doe,Notary bile") personally appeared NN j Ii Names)of Signer(s) rsonally known to me ❑ proved to me on the basis of satisfactory evidence j to be the person(s) whose name(s) is/are ' subscribed to the within instrument and acknowledged to me that he/she/they executed { ?Ca ANN r Ethe same in his/her/their authorized << r na SON Cc>m r ,r, �, £ rw124'4 5 9 1 capacity(ies), and that by his/her/their ? N- tGry Pu alc Cl,., :;o signature(s)on the instrument the person(s), or tx �� (7' ", '0r�C-OU gty the entity upon behalf of which the person(s) �� m < , Tr xo w ` '°' acted, executed the instrument. e WIT E S my hand and official seal. Place Notary Sesi Above Signature of Notary Public xi ti 4PTIONA .. ;;: Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ori Description of Attached Document Title or Type of Document: Document Date: Number of Pages: { Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer �y Signer's Larne: Cl individual t `' Top of thumb here El Corporate Officer—Title(s): 0 Partner—0 Limited ❑ General �y 0 Attorney in Fact Q Trustee Q Guardian or Conservator h �I ❑ Other: 'd Signer is Representing: {`l i 0 1997 National Notary Association•9350 De Soto Ave.,P.D.Box 2402-Chatsworth,CA 91313-2402 Prod.No.6907 Reorder.Cell Toil-Free 1-800-67&8827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT t5t State of California SS. County of ot vo( On loe�-r before me, �►�n.n`�a4 .,�- 't l� �~f�'���.�, �' date Name and Title of Officer(e.g.,"Jane Doe,Notary P btie) . personally appeared in Na e(s)of Signer(a) 2-personally known to me j ❑ proved to me can the basis of satisfactory evidence ; to be the person(s) whose name(s) islare subscribedto the within instrument and { - JO AtAa 7i-'.C) s� 1 acknowledged to me that`helshe/they executed C srrnmis3,ion t (Mthe same in his/her/their authorized ' ' 'ooy uhIc- tSl�3 capacity(fes), and that by his/her/their ` '" o nu C, ntysignature(s)'on the instrument the person(s), or i > the entity upon behalf of which the person(s) �K „! acted, executed the instrument, ` l N S my hand and official seal. t l Place Notary Seal Above IN, S€goetu€e of Notary Public �! OPT/C1 L Though the information below is not required by law,it may pro's a to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. � Aj Description of attached Document r; Title or Type of Document Document Date: Number of Pages: tSigner(s)Other Than Named Above: R, Capacity(ies) Claimed by Signer �s Signer's Name: F� ❑ 'Individual Topof thumb here ; Corporate Officer—Title(s): ❑ Partner—❑Limited ❑Genera! ❑ Attorney in Fact #3' .( ❑- Trustee ❑ Guardian or Conservator ❑ 'Other: 1 Signer Is Representing: iC 1997 National Notary Association 9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No,5907 Reorder:Cali Toll-Free 1=804-87"827 AGREEMENT` (Acquisition of cuff-Site Right'-of-Way) 1. PARTIES. Effective on ,r I ttt Zaaz,:,the County of Contra Costa,referred to as"County" and GHC Investments,LLC,referred Ito as"Principal"agree as follows: 2. PURPOSE. Principal is developing certain real property, located within Contra Costa County, designated as Subdivision 7725, and, as a condition of approval of said subdivision, Principal is required to construct or install certain off-site public improvements,consisting of the installment of approximately 170 feet of 60-inch HDPE pipe and approximately 710 feetof 60-inch x 46-inch aluminum spiral rib arch pipe,connecting at one end to the 48-inch storm drain pipe at the south end of Fairdale Way and at the other end to the north end of the 84-inch cast-in-place pipe on the south side of Jennifer Lane. The construction or installation of off-site public improvements requires the acquisition of title to, or an interest in, certain land(referred to as the"Right-of-Way")'located within the unincorporated area of Contra Costa County, in which land neither Principal nor County presently has sufficient title or interest to permit the improvements to be made. The purpose of this Agreement is to provide for acquisition of the Right-of-Way and for payment,by Principal, of all costs and expenses of acquiring the Right-of-Way. 3.' ACQUISITION OF RIGHT-OF-WAY. County agrees to consider the institution of condemnation proceedings to acquire the Right-of-Way, so as to enable the construction or installation of the offsite public improvements described in Section 2 above and in the conditions of approval for Principal's subdivision. Should.County elect to institute condemnation proceedings, County shall' determine, in its sole discretion,whether to acquire the Right-of-Way in fee,by easement or otherwise, and whether to acquire title by deeds, offers of dedication or other documents. Title to the Right-of- Way shall be acquired in the name of County or such other public entity as County shall determine. The;Right-of-Way is generally described or depicted in Exhibits"A-1"through"A-3"(metes-bounds descriptions) and,"B-1 through"B-3"(plat maps) attached to and made a part of this Agreement. 4. PAYMENT OF ACQUISITION COSTS. Principal shall pay all costs and expenses of acquiring the Right-of-Way, including,but not limited to: a. The deposit necessary to obtain immediate possession of the Right-of-Way. b. The purchase price or compensation for the Right-of-Way,whether determined through settlement,judgment or otherwise: C. Relocation benefits, if any,payable to the owner(s) or tenants of the Right-of-Way. d.` Compensation for loss of goodwill, if any,payable to the owner(s)or tenants of the Right-of-Way. e. Attorney's fees, costs of suit,appraisal fees and other litigation expenses incurred by County,whether prior to trial, at trial, or on appeal. f. The cost of preparing environmental documents and of performing environmental review necessary to comply with the provisions'of the California Environmental Quality 1 Act. g. Fees and costs payable upon abandonment of the condemnation proceedings, including costs to complete the abandonment process. h. Fees and costs awarded upon a finding of no,or insufficient public use or necessity. i. The cost of negotiation, relocation assistance or other services performed by County. Principal's obligation to pay all costs and expenses of acquiring the Right-of-Way shall exist whether County elects to institute condemnation proceedings or not. 5. ADDIDONAL DOCUMENTS: No later than 10 days after the filing ofthe'final map pursuant to Government Code Section 66457, Principal shall provide County with all information necessary to obtain a Resolution of Necessity, including the following documents and information in writing: a. The name and address of the owner(s) of the property and any tenants on the property, the legaldescriptions(metes and bounds) and plat maps(drawn to scale)of the property to be condemned. b. Evidence of compliance with the California Environmental'Quality Act of 1970(Pub. Resources Code Section 7260 et seq.). C. A statement of all offers made to obtain the property by negotiation and copies of all correspondence indicating offers and responses,including evidence of offers,which satisfy the requirements of Government Code Section 7267.2. d. Current title reports and appraisals of the property to be condemned. 6. LEGAL SERVICES. Upon election by County to institute condemnation proceedings,the County Counsel's Office shall have supervision of the said condemnation action,but Principal's attorney shall perform all legal:services required for said condemnation action, such as(a)` commencing proceedings pursuant to Title 7 (commencing with Section 1230.010)of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property under Article 3 (commencing with Section 1255.410)of Chapter 6 of such title; (b)all required legal appearances, (c)conducting the trial of said:matter, and(d)handling any required post-trial proceedings, including appeals. Any attorney retained by Principal shall be associated as special counsel for County,but County shalt not be responsible for payment of the fees or expenses charged by such attorney. Principal agrees that any attorney retained by Principal:shall conduct the legal proceedings without'delay and in such a manner as to acquire the Right-of-Way as soon as practicable. Principal's attorney shall notify County Counsel in writing of the following events immediately upon their occurrence:the date eminent domain proceedings are commenced,the date possession of the property is obtained,and the date title to the property is obtained. Notwithstanding Principal's use of a private attorney,`County retains the right, in its sole 2 discretion,at anytime,;to require that the County Counsel's Office resume'exclusive handling of the legal proceedings until the Right-of-Way have been finally acquired,whether through settlement, judgment or otherwise. All:services rendered by the County Counsel's Office will be charged to Principal at the rate of $120.00 per hour. Costs of suit, deposition fees, appraisal fees,telephone"tolls, mileage, fax charges, delivery or mailing services and other expenses are additional and will be charged to Principal at actual cost. 7. OTHER SERVICES. County may perform such other services as County, in its sole discretion,deems necessary for acquisition of the Right-of-Way. These may include, without limitation, negotiation and relocation assistance service provided by the Public 'Works Department (Real Property Division)and environmental review service provided by the Community Development Department. Such other services will be charged to Principal at County's fully burdened salary rate. 8. DEPOSIT OF PREI,VMNARY COSTS AND EXPENSES. At the time of executing this Agreement,Principal shall deposit with County the sum of$5,000 in cash, certified cheek or cashier's check,which sum shall cover the estimated costs for services and expenses described in sections 4, 5, 6 and 7 above. If,at any time,the above described deposit is exhausted, or it is determined by County that the balance of the deposit appears to be insufficient to cover future costs or expenses that County may incur,then County shall promptly notify Principal in writing. Within 15 days of the date of such notice,Principal shall deposit,with County,the additional sum as determined by County and as specified in the notice. Any portion of the deposit(s)made by the Principal that is not used to cover costs or expenses incurred by County shall be refunded to Principal. 9. DEPOSIT OF PROBABLE COMPENSATION. In these cases where Principal has obtained an appraisal of the Right-of-Way prior to executing this Agreement,Principal'shall,at the time of executing this Agreement,deposit with the County,in cash,certified check or cashier's check, the sum shown in the appraisal,which sum shall be used to obtain immediate possession of the Right- of-Way pursuant to Code of Civil Procedure Section 1255.010. In those cases where Principal has not obtained an appraisal of the'Right-of Way prior to executing this Agreement,Principal;shall, at the time of submitting the appraisal required under Section 5,'also make the deposit just described. An appraisal (check one): [X] has been obtained. The probable amount of compensation to be deposited with County is$30,000.00, [ ] has not been obtained. Prior to the time the condemnation action is to be tiled, Principal may make written application 3 to County to deposit with the'Court the probable amount of compensation pursuant to Code of Civil Procedure Section 1255.010. Said application must be made no later than three(3)days following the adoption of the Resolution of Necessity by the Board of Supervisors and a"copy of the application shall be sent to the County Counsel's Office. In the alternative, Principal may make the Code of Civil Procedure Section 1255.010 deposit from other sources and upon proof thereof,request County to return the amount of probablecompensation previously deposited with County. If an increase of deposit is ordered by the:court,pursuant to Code of Civil Procedure Section 1255.030,Principal shall deposit the amount of the increased deposit with the court within five (5) days of receipt of the court's order to increase the deposit. Any portion of the deposit(s)made by Principal:.and retained by County(as opposed to being deposited with the court)that is not used by to cover costs or expenses incurred by County shall be; refunded to Principal. 10`. SECURITY FOR PRINCIPAL'S OBLIGATIONS. At the time of executing this Agreement, Principal shall,in addition to the deposits described in Sections 8 and 9, submit to County a corporate surety bond, letter of credit or other security in the sum of$ 85,300.00,which sum will cover the estimated costs and expenses to be incurred by County between the time immediate possession of the Right-of-Way is obtained and the time the eminent domain proceeding is finally concluded,as well as any potential additional compensation, benefits and attorney's fees that may be awarded to the owner(s) of the Right-of-Way in the eminent domain proceeding. The security submitted by Principal shall be in a form acceptable to the County Counsel's Office, shall list County as beneficiary or payee, and shall guarantee the payment and performance of all obligations of Principal under this Agreement. Should County file suit to collect the security submitted.by Principal, then Principal and the issuer of the security shall pay all costs, attorney's fees, investigation fees, expert fees`and other expenses incurred under this section. Such payment shall in no way limit Principal's responsibility for payment of all costs and expenses described in Sections 4 6 and 7. 11. RECORDS. County will maintain accurate records of all services performed by County and all casts or expenses incurred by County. Upon Principal's request, copies of said records will be given to Principal by County: 12. ACQUISITION TIME. Concurrently with signing,this Agreement, Principal plans to file with the County for approval the final snap for Subdivision 7725 pursuant to Government Code Section 66457. Principal acknowledges and agrees that,upon the County's approval of the final map, the 120-day time limitation in Government Code Section 66462.5 (imposed on cities and counties to acquire land by negotiation or commence condemnation proceedings) does not apply to acquisition of the Right-cif--Way. By this Agreement, Principal assumes the obligation to acquire title to the Right-of-Way by, negotiation or commence condemnation proceedings, in accordance with Section 6,and shall do so within 120'clays of the date of the filing of the final map, however, in no event shall the eminent domain action be filed later than 10 days after a Resolution of Necessity has been adopted by the Board of Supervisors. If possession of the Right-of-Way has not been acquired within+60 days of the date the ficial map was filed,Principal shall notify the County Public Works Department and the County Counsel's Office of this fact, in writing,no later than 65 days after the final map was filed. 4' Principal shall acquire and dedicate to the County title to the property (whether by fee, easement or otherwise)no later than 18 months after the commencement of an eminent domain action. If,for any reason,the 120-day limit of Government Code Section 66462.5 is construed to apply to acquisition of the Right-of-Way,the obligation to meet that limit has been assigned to Principal by this Agreement. Principal shall make all payments, and perform all-obligations,required of Principal under this Agreement in a prompt manner,so as to meet the schedule imposed by Government Code Section 66462.5, to the extent applicable. Any time delay caused by or resulting from delay in payment or a delay in the performance of or failure to perforin any act required by or related to this Agreement, for whatever reason,on the part of Principal, Principal's attorney or their agents or employees,or any time expended in complying with the requirements of the California Environmental Quality Act shall not apply against the 1'20-day time limit and shall not relieve Principal of the obligation to complete off-site improvements. Principal agrees that the 120-day time limit shall be tolled for the period of the delay. Principal further agrees that, if the 120-day time limit is exceeded as the result of any act of Principal, Principal's attorney or their agents or employees; Principal shall not be relievedof its obligation to construct or install the off-site improvements described herein. 13.' HOLD HARMLESS. Principal agrees to defend, indemnify, save and hold harmless County, its boards,officers, employees and agents from and against any and all costs,expenses or liability incurred by County or Principal in connection with Principal's acts, errors or omissions, pursuant to this Agreement,or otherwise related directly, or indirectly,to the acquisition of the Right- of-Way,or the project to be constructed by Principal. 14. SEVEEaRIL TY. Should any provision of this Agreement be held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the remaining provisions of this agreement. COUNTY PRINCIPAL County of Contra Costa GHC Investments,LLC, a Delaware limited liability,corn any By; By: C ai ,Board of Supervisors Patrick Costanzo, Jr. Executive Vice President Greenbriar Hames Communities,'Inc.,a California corporation, as manager of GHC Investments,LLC By. ?�� ` e Ronald Mukai Vice President Greenbrar Homes Communities,Inc.,>a California corporation, as manager of GHC Investments, LLC 5 ATTEST: John Sweeten,County Administrator and Cleric of the Board of Supervisors By. = -- Deputy COMMENDED FOR APPROVAL: Maurice M. Shiu Public Works Director. By: FORM APPROVED: Silvano B.Marcesi, County Counsel By: 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of �c,r fil h ` on kl nsi� ILA 2. Z, before me, t °c D s Name and Title of officer(e.g.,'Jae Doe;Notary P ile) personally appeared { Narre(SY of signer(.) { personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are N A subscribed to the within instrument and 5 J 3ioQN acknowledged to me that he/she/they executed ; Cornmlv_on � the same in his/her/their authorized r t z ores;�Puce li�,Clara,ro IC rtol;Co,�trtty capacity(ies), and that by his/her/their � �� roe , ? signature(s) on the instrument the person(s),or :E _• the entity upon behalf of which the person(s) ' acted, executed the instrument. �E WITN S my hand and official seal. ' k Place Notary Seal Above signature of Notary Public r: i4 O>PTIONAI Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ,�l Description of Attached Document Title or Type of Document: .A� t t; Document Date: Number of Pages: Signer(.) Other Than Named Above: h Capacity(les)Claimed by Signer Signer's Marne: .. C] Individual © Corporate Officer—Title(s): _ Ton of thumb here ❑ Partner—0 Limited ❑General 0 Attorney in Pact E < Q Trustee CI Guardian or Conservator 0 Other, _ �i Signer Is Representing: , 01997 National Notary Association-9350 De Soto Ave.,P-O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Cali Tall-Free 1-600-678-6927 .... ... ... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On kfo .,_Z�Z_.rbe re me, Date Name and Title of officer(e.g.,"Jane e,Notary Pubtic i personally appeared _Rqa_,;�\ 0,,,l, Name(s)of Signer(s) personally known to me N! F-1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized that by his/her/their # 1210f, 2 capacity(ies), and i NOtary PUb1C-CO!ULNIM'O signature(s)on the instrument the person(s),or i-Qra C, the entity upon behalf of which the person(s) 16,7MY ZZacted, executed the instrument. 1 Wl SS my hand nd official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Is, Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: N Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer 0 Signer's Name: 0 Individual Top of thumb here 0 Corporate Officer Title(s): 0 Partner—0 Limited 0 General 0 Attorney in Fact [2 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ,J 0 1997 National Notary Association-9350 De Sato Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod,No.5907 Reorder.Call Toll-Free 1-800-876-8827 DRAINAGE ACCEPTANCE 0011 STORM DRAINAGE BRAND {AP'N. 192-230-014}; Job No. 87185 March 1 2002 Parcel I--Sto m Drain Easement' All that certain real property situate in the County of Contra Costa, State of California, described' as:foflows: Being a portion of Parcel "B" of Subdivision MS 262-65 recorded March 22, 1966, in Book 40 of LSM at Page 20, Contra Costa County Records, further described as fellows: B E GINNING at a point on the easterly line of said Parcel "B", distant North 11*02'22" West; 38.86 feet from the southeast corner of said Parcel"B"; TILIENCE leaving said Point of Beginning and said easterly line South 360015150" West, 74.83 fe t; THENCE South 0°5856"East, 21.98 feet to a point on the southerly line of said Parcel"B"; THENCE along said southerly line South 49007'18" West,'15.64 feet;- THENCE leaving said southerly line North 0°58'56" West, 36.04 feet; THENCE North 36°06'50"East, 89.99 feet to a point on the easterly line of said Parcel"B" THENCE along said easterly line South 11 002122"East 16.37 feet to the Point of Beginning. Containing an area of 1,337 square feet of land, more or less. Bearings are based on the California Coordinate System, Zone 111. Parcel 2`—Temporary Construction Easement (To expire at the end of construction or whichever,occurs first) Beim a,portion of Parcel "B" of Subdivision MS 262-65 recorded March 22, 1956, in Book 40 of LSM at Page 20, Contra>Costa'County Records, further described as follows; BEGINNING at a point on the easterly line of said Parcel "B'', distant North 1100212211 West, 55.23 feet from the southeast corner of said Parcel"B"; THENCE leaving said Poiret of Beginning and said easterly line South 36006'50" West, 89.99 feet; THENCE South 0058'56"East, 36.04 feet to a point on the southerly line of said Panel"B' THENCE along said southerly line South 49007118"West, 13.03 feet; THENCE leaving said southerly line North 0058156"West, 47.75 feet; THENCE North 36°06'50"East, 102.62 feet to a point on the easterly line of said Parcel"B"; THENCE along said easterly line South'11002'22" East 13.64 feet to the Point of Beginning. Containing an area of 1,381 square feet,more or less: Bearings are bossed on the California Coordinate System,Zone III. PREPARED BY; iL 3' S E. DIGGINS DATE R E 2'7818 EXPIRES; 3/31/01, ' ,.�R. N 7816 1 V 1 irl 14t _ , (98~5226 I ) ': t� No.CE-27818 rT€ 1`1 13 foo M � '•� -�_-���° 2'22°� I�.��' t, Ulf-0222-W 38.86, V ! LIN EXHIBIT "8-i" .,Bot Civil Engineering Se. Ilaz PLAT TO ACCOMPANY �'`� Sit SW n Valley BoUIevard f - 5O' LEGAL DESCRIPTION !! Danville: California 94526 �'' M / 837-3780 DRAINAGE ACCEPTANCE 0011 STORM DRAINAGE EASEMENT MORISON'PARCEL(APN: 192-280-008) Job No. 87185 .March 1 2002 EXIM T 4A-2'` Parcel 1--Storm Drain Easement All that certain real property situate in the County of Contra Costa, State of California, described as follows: Being a portion of lands described in the deed to E. Virginia Morison, trustee,recorded June 28, 1995, in Document No. 95-101174 of Official Records, Contra Costa County Records, further described as follows. COMMENCING at the southeast corner of said lands of Morison (95-1011174), said southeast comer also being the southwest comer of Lot'1 of Subdivision 6940, recorded May '18, 1988, in Book 322 of Maps>>at Page 7, Contra Costa County Records; thence leaving said Point of Commencement along the southerly line of said lands of Morison(95-101174) South 84049'08" West, 10.03 feet to the True Point of Beginning of the herein-described easement;thence leaving said True Point of Beginning, continuing along said southerly line, South 84°49'08" West,,12.03 feet; thence leaving said southerly line, North 0058'56" West, 533.49 feet to a point on the northerly line of said lands of Morison (95.141174); thence along said northerly line North 48057'53" East, 15.68 feet, thence leaving said northerly line, South 0058'56" East„ 542.70 feet to a point on said 'southerly line of said lands of Morison (95-101174) and said Point of Beginning. Containing an area of 6,458 square feet of land, more or less. Bearings are based on the California Coordinate System, Zone lli. Parcel 2 Teffinorary Construction Easement (To expire at the endof construction or whichever occurs'first). Being a portion of lands described in the deed to E. Virginia Morison, trustee, recorded June 28,, 1995, in Document No. 95-101174 of Official Records, Contra Costa County Records, further' described as fellows: COMMENCING at the southeast corner of said lands of Morison (95-141174), said southeast corner also being the'southwest darner of Lot 1 of Subdivision 6944, recorded'May 18, 1988, in Book 322 of daps :at Page 7, Contra Costa Counter Records; thence leaving said Point of Commencement along the southerly lane`of said lands of Morison(95-101174)' South 84149108"' West, 22..06 feet to the True Point'`of Beginning of the herein-described easement; thence leaving said True Point of Beginning, continuing along said southerly line,'South 84°49'08" West, 10.03 feet; thence leaving said southerly line, North 0058'56" West, 525.82': feet to a point on the northerly line of said lands of Morison (95-101174); thence along said northerly, line North 48°57'53" East, 13.06 feet; thence leaving said northerly line, South 0058'56"°East, 533.49 feet to''a point on said southerly line of said lands of Morison (95-101174) and said Point of Beginning. Containing an area of 5,295 square feet, more or less. Bearings are based on the California Coordinate System, Zone 111. PREPARED'BY i 33 S E. DIGGINS DATE R 27818 EXPIRES: 3/31/02 t>S ;', t U1 d i ft PgRC L.1 12 5D:E PARCEL. , 0' TEMPORARY ------ - CONSTRUCTION EASEMENT —410158�ZF 53,3 49 A r-50168"5616 5427,,. Y4 Co fi No.CE-27'818 cs �_• .:rz + `l Y l ' , 10.00 ' ���/�`""� may..; ,,.+.r."�V V'• �� h' LA V EXHIBIT 2" aeBolt Civil Engineering 36a.Zcx�e PLAT TO ACCOMPANY eif San Rason Valley Boulevard t" _ IOU LEGAL DESCRIPTION 0mville, California 9 a/11- 9a / 837-378 1 DRAINAGE ACCEPTANCE '0011 STORM DRAINAGE EASEMENT NELSON (APN: 192-280-016) Job No. 87185 March 1,2002' EXHIBIT `A--3' Parcel 1--Storm Drain Easement All that certain real property situate in the County of Contra Costa, State of California, described' as follows: Being a portion of Parcel"A" as shown on that certain Parcel Map of MS 108-88 filed for record in Book 150 of Parcel Maps at Page 20, Contra Costa CountyRecords, further described as follows: COMMENCING at the northeast corner of said Parcel `A'; thence leaving said Point of Commencement along'the northerly line of said Parcel `A', South 84049'08" West, 10.03 feet to the True' Point of Beginning of the herein-described easement,;thence leaving said Point of Beginning and said northerly line South 0058'56" East, 30.08 feet to a point on the northerly line of the storm drainage Casement as shown on said map; thence along last said northerly line South 84049108" West, 4.65 feet;; thence South 5°11'20" East, 15.00 'feet; thence 'South 84°49'08" West, 8.48 feet; thence North 0058'56" West, 45.12 feet to a paint on said northerly line of said Parcel `A'; thence along last;said northerly line'North'84049'08" East, 12.03 feet to said Point of Beginning. Containing an area of 480 square feet of land, more or less. Bearings are based on the California Coordinate System, Zone IIL Parcel 2 Temyorary Construction Easement (To expire at the end of construction or whichever occurs first). Being a portion of Parcel "A"as shown on that certain Parcel Map of MS 108-88 filedfor record in Book 150 of Parcel Maps at Page 20, Contra Costa County Records, further described as follows: COMMENCING at the northeast corner of said Parcel `A'; thence leaving said Point of Commencement along the northerly line of said Parcel 'A', South 841149'08" West, 22.06 feet to , the True"Point of Beginning of the herein-described easement, thence leaving said Point of Beginning and said northerly line South 0°5856" East, 45.12 feet; thence South '84°49'08" West, 10.03 feet; thence North 0°58'56" West, 45.12 feet to a point on said northerly line of said Parcel `A'; thence along last said northerly line North'84°49'08" East, 10.03 feet to said Point of Beginning. Containing an area of 451 square feet, more or less. Bearings are based on the California Coordinate System,Zone III. l?1tE1'AR.ED 13Y: JAMES E. DIGGINS DA E RCE 27818 EXPIRES: 3/31/02 V�N Ai luj -n No.CE-2781 CIVI \ { :�C) `�O t ` - 45-12 - ' PARCEL& 45-12 fl TEMPORARY CONSTRUCTION ; : '�-X 84W'08'"1f 4 C25' EASEMENT ... 45,54 1 '20W 15.160' a, 09h co = � cv --------- Ala ~.�Ala No.CE-27818 v ,_ P fit. EXHIBIT " B-3" DeBolt Civil Engineering stsic F98.z PLAT TO ACCOMPANY 811 san Ramon valley Boulevard �•` _ 50 LEGAL DESCRIPTION ©swills; California 940' 925 / 837-3780