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Home My WebLink AboutMINUTES - 07132004 - C.14-C19 �r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on July 13, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UfLKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 362 SUBJECT: Approve the Drainage Improvement Agreement DA 03-00428 (cross-reference Subdivision 8509),being developed by Windemere BLC Land Company,L.L.C.,San Ramon(Dougherty Valley) area. (District Ill) The following document was presented for Board approval this date for Drainage Agreement 03-00028(cross-reference Subdivision 8509),property located in the Sart Ramon(Dougherty Valley) area, Supervisorial District III. A drainage improvement agreement with Windemere BLC Land Company,L.L.C.,principal, whereby said principal agrees to complete all improvements, as required in said drainage improvement agreement,within one year from the date of said agreement. Improvements generally consist of drainage improvements. Said document was accompanied by security to guarantee the completion of drainage improvements, as required by Title 9 of the County Ordinance Code, as follows: 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 date shown. Originator:Public Works(BS) Contact: Teri Itie(313-2363) nx:rm ATTESTED: JULY 13, 2004 0:1Gryl)ata\11ngSVc\BO12004\07-33-04\DA 0028 B0-20.doc cc: Pubic Worlr:,- T.Bell,Construction JOFIN SWEETEN, Clerk of the Board of Supervisors and County T._May 13,ions Administrator wirtderrere BLC Land Gon3pany Attn:Brian O in 3130 Grow Canyon Place,#310 San Ramon,Robles 94583 rch Insurance Company las N.de a, I 911 Ave.,A, az�zs By ,Deputy Pasadena,CA 92101 Attn:Patricia R Brebner, RESOLUTION NO.2004/ 362 SUBJECT: Approve the Drainage Improvement Agreement DA 03-00028 (cross-reference Subdivision 8509),being developed by Windemere BLC Land Company,L.L.C., San Ramon(Dougherty Valley) area. (District III) DATE: July 13, 2004 PAGE: 2 I. Cash Bond Performance Amount: $6,900.00 Auditor's Deposit Permit No. DP422631 Date: April 8, 2004 Submitted by: Windemere BLC Land Company, L.L.C. Taxpayer identification number: 94-329-15-16 II. Surety Bond Bond Company: Arch Insurance Company Bond Number and Date: SU5006289 March 23, 2004 Performance Amount: $684,100.00 Labor&Materials Amount: $345,500.00 Principal: Windemere BLC Land Company,L.L.C. NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/362 DRAINAGE IMPROVEMENT AGREEMENT Subdivision: DA 0028 (Cross-Reference SUB 8509) Effective Date: � 1 Developer: Windemere BLC Land Company,L.L.C. Completion Period: I year WINDEMERE$LC LAND COMPANY LLC, a California limited liability Company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OILS Windemere,LLC A Delaware limited liability company CONTRA COSTA COUNTY Managing Member Maurice M.Shiu,Public Works Director By:Lennar Homes of California,Inc., Managing Member AA B mss. (signature) x Y' (print name&Titl} oIrylfiison,Vi President RECOMMENDED FOR APPROVAL _�AAZ AA (signature) By: (print name&tale)&Darleen Carpenter,sst. Secretary Engin erin ervi s Nvision y.. FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures must conform with the designated representative groups pursuant to Corporations CodeS313.) I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon ,"and the above-named Developer,mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County: A. For Performance and Guarantee: $ 6.900.00 cash,plus additional security,in the amount of$ 684.100,00 together total one hundred percent(1001/0)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check,or cashier's check. XAcceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 345.500.00 which is fifty percent(501/o)of the estimated cost of the work, Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing tabor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer, the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. i 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. 5. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 6. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whale or any part of said work and/or materials,or payments therefore,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are the County and its special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s)or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them. D. Non-Conditions; The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepared,supplied,or reviewed any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity. E. 1. Windemere BLC Land Company LLC("BLC")shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims,costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000, by and between BLC and Shapeli Industries,Inc.("Shapell")including,without limitation,any claim, cost,loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement. 2. BLC's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or any other person; provided, however,that BLC shall not be required to indemnify, protect,defend or hold County or District harmless to the extent any claims,losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. 8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERFORMANCE AND COSTS. If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently proceeds to complete the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights,in accordance to the Dougherty Valley MOU. RL:kw \\PWS4\SHARE)ATA\GrpData\EngSvc\Forms\AG WORDWG-17.doc Rev.April b,2OW 5 ........................... _............._........................................................................................................................................................................................................................._......_.. ............................................................................................................................................................................................................................................................................................................................ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 3 ss. County of € "1',LI9i A� On 0., _ 1 `1 before me, r S and lido of Officer(e.g "'at�5 hoe Notary Public personally appeared r i t " Nam of Signar(sl �' personally known to me roved to me on the basis of satisfactory p evidence to be the person(s) whose name(s)-4s/are t' subscribed to the within instrument and K*f FN L. KE£NAN acknowledged to me that 44, H_ /they executed UComrn;ssion# 1376827 the same in #defer/their authorized Notary :at . ~Iic - California A capacity(ies), and that by 13isH4er/their Corll ro CostaCounty signature(s) on the instrument the person(s), or my Cornrn.LxpiresOct7,2i61 the entity upon behalf of which the person(s) acted, executed the instrument. WiTNE5y hand a ffic}al seal. Signature of No Public OPTIONAL NThough the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent 3 fraudulent removal and reartachment of this form to another document. r- 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 Signer's Name: MIMI `. Individual Top of thumb here '; ❑ Corporate Officer—Title(s): 7 Partner ❑ Limited ❑General Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ? ❑ Other: Signer is Representing: 0 198^s National Notary Associailon-9350 De Soto Ave.,P.O.Bos 2402•Chatsworth,CA 91313-2402-www.nationa!notary.org Prod.No.5907 Reorder:Call Toil-Free 1-800-876-5827 COUNTY Of CONTRA COSTA 3 DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATKDN NUMBER /` r. w {t�gav�rtid^I (For Cash Collection Procedures see County Administrators Bulletin.I05. DESCRIPTION FUND/Oka �� TASK OPTION ACTIVITY AMC7UNT f k ?5`` tr �f ►� ' I I f I I5 ;o Cif-= A'. f L 41 51 VI EXPLANATION: TOTAL S tl DEPOSIT Et Deposit consists of the following items " S : 72 Cally and CURRENCY s�� ,-� r CHECKS,M.0,.ETC. S311:31 ! BANK DEPOSITS '$ FOR AUDITOR-CONTROLLER USE,ONLY DEPOSIT f PERMIT NUMBER DATE The amount of money described above is for Treasurer's receipt of obove amount' approved: Receipt of above amoun is here ^,,dfposit into the County Treasury, acknowledged.. 1 `Sig 1 Signed: Signed: Deputy County Auditor puty County Treasurer 0-34REV(7-93) COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER I' TO TIS TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER lo) (For Cash oflec#ion.Froce&xes sae County Administrator's Builetin 105.) DESCRIPTIONFU fC)RC� ACCT. TASK OPTION ACTIVITY AMOUNT 5 r' 0 o 1 r t s LAX) 1 &03 i i I_ I L '1 3_1 I I t L 1_1 I j__ { f 1 t ' t 1 - t _ t t t . I I-A, 1'. 1 � I t i I t R I d EXPLANATION- TOTAL S t r DEPOSIT � Deposit consists of the following items COIN and CURRENCY $ ' CHECKS,M.C>,ETC: S "" SANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT P +y r� I PERRMIT NUMBER MATE j_..L 1 C1 '•..r� ASSIGNED The remount of money described obave is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby � c#"t-into the County.Tres;ury. / ackn(DW e 9ecL Si Signed. EXT. '- ((' Deputy County Audit- Deputy County Treasurer D-3A REV..(7-93) 0649-9665 / 8310000: 61137257, $3,621 .201, MS 02-0007, Improvement Plan Check, Cathryn M. Richard, 1630 N. Main St. #450, Walnut Creek, CA 94596 0649-9665 / 8310000: 61137259, $15,0100.0101, bA 0035, Drainage Review, No Improvement Plans, Shapell Industries of Northern California, 100 N. Milpitas Blvd, Milpitas, CA 95035 81980 0800 137 44, $fir :DAQW 0rash Bandl ; ndemere BLC Land Co. LLC, 3130 Craw Canyon #310, San Ramon, CA 94583 819800-0800: 61137250, $3,521.31_, Sub 8738, Performance Cash Bond, bavvi Development, LLC, 18 Hillside Ct., Berkeley, CA 94704 819800-0800: G1137252, $700.00, MS 3-00, Performance Cash Sand, Gene R. Schmidt, Inc., 940 Reliz Station Lane, Lafayette, CA 945.49 8216000800: 61138123, $19,127.00, Sub 7976, SCC bough Valleys. Reg, Fairfield Son Ramon LLC, 5510 Morehouse Dr. Ste 200, San Diego, CA 92121 0649-9665 / 8310000: 671137238, $5,954.00, Sub 8744, Landscape Plan Review Deposit, Windemere BLC Land Co. LLC, 320 Craw Canyon #310, San Ramon, CA 94583 0649-9665 / 8310000: 01137239, $13,152.00, Sub 8773, Landscape Plan Review Deposit, Windemere BLC Land Co. LLC, 31301 Crow Canyon #310, San Ramon, CA 94583 0649-9665 / 8310000: 01137240, $23,934.00, RA 1151, Landscape Plan Review Deposit, Windemere SLC Land Co. LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 0649-9665 / 8310000: 01137241, $7_248.00, Sub 8778, Landscape Plan Review Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 0649-9665 / 8310000: G1137242, $6_$66.00, Sub 8777, , Landscape flan Review Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 0649-9665 / 8310000: 01137243, $7,630.00, Sub 8776, Landscape Plan Review Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 0649--9665 / 83100003: 671137245, $34,600.00, DA0028, Inspection Fee Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 0649-9665 / 83100001: 671137247, $3,500.00, FS 04000004-6183PV, Fee for Service, Ryder Companies, 1425 Treat Blvd., Walnut Creep, CA 94597 0649-9665 / 8310000: G1137251, $19,340.00, Sub 8738, Inspection fee Deposit, Davvi Development, LLC, 18 Hillside Ct., Berkeley, CA 94704 0649-=9665 / 8310000: G1137256, $758.75, MS 01-00018, Inspection, Clyde Miles Construction Co. Inc. 2201 Harbor St. suite E, Pittsburg, CA 94565 EXECUTED IN DUPLICATE Development No: DA 0028(Crcross�Re -US 8509) Band: 5U 500§289 Premiums $5,131.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance&maintenance,AND labor and materials) 1. OBLIGATIONS Windemere BLC Lazed Company. L.L.C. ,asPrincipal,and Arch Insurance Company a corporation organized and existing under the laws of the State of Missouri and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Centra Costa, California to pay it; A. Faithful Performance, & Maintenance: Six Hundred Eighty our Tb-Eight One Hundred and 00/100 Dollars{S_ 684,100.00 )for itself or any city-assignee under the below-cited D inage Improvement Agreement,plus B. L,ahor& Materats: 'Threeed Fo ive Tho d Five unfired and U01I Dollars {S --34S SQQ.00 )for the benefit of persons protected under Title 15 §et seq. of the California. Civil Code. 2. RECITAL O CONTRACT: The principal contracted with the County to Mall and pay for drainage and other improvements in DA 0028 (Cross-Refi r e -Q*8 85091 _ _, as specified in the Drainage Improvements Agreement,and to eornplete said work within the time specified in the Drainage Improvement Agreement for completion, all in accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for Sttl3 8'509, WindernerePhasr IV 3. CONDfflON: If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County,then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period,and if principal fully pays the contractors,subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement,and protects the premises from claims of such liens,then this obligation as to Section 1-(S)above shall become null and void;otherwise this obligation remains in full force and effect. No alteration of'said contract or any plans or specifications of said work agreed to by the Principal anis the county shall relieve any surety from liability on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of California Civil Code ¢ 2819, and holds itself bound without regard to and independently of any action against Principal whenever TAken,and agrees that if County sues on this bond, Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgement. 3. C{ NDITLON` 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 parr,to be Dept and performed at the time and in the mariner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full farce and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable 4acrnxey's fees, incurred by County (or city assize) 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 corporutc .urcry arc held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment insurance Act with respect to such work or labor, that said surety will pay the same in an amount 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 expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety hereby waives the previsions of California Civil Code Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALF.0 on March 23, 2044 PRINCIPAL See attached signature page SURETY,-,ARCH INSURANCE CO ANY #3y By L'��8✓siS✓s^^ arca K. brtbner, Attorney-In-Fac Address Address 135 N. Los Robles Ave.A #825 Pasadena, CA 91101 JPSw G Gi[if3.wuss�a.evnnnx ltWOXOtEN•10doe &ev Mao 22,W4 ........................................... WINDEMERE BLC LAND COMPANY, LLC a California limited liability company By. LEN-OBS Windemere, LLC a Delaware limited liability company, its Managing Member By: Lennar Homes of California, Inc. a California corporation,its Managing Member By. David Evans, Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On March 24, 2004 before me, China Prints, personally appeared David Evans, personally known to me 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 the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. comm.Eg*w tvlww^8. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corea ate Officer—Vice President Lennar Homes of California, Inc. DESCRIPT4N OF ATTACHED DOCUMENT Type of Document: Surety Bond No. SU 5006259 Number of Pages: Three (3) Date of Document: March 23. 2004 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE A AOWLEDGMENT No.5907 State of Calif nua County of Usage On March 23, 2004 before me, Leigh McDonough,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner NAME(S)OF SIGNER(S) personally known to me-OR- El proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon i_ 8614 behalf of which the person(s) acted, executed the instrument. n t •1na ttCtsMIS NOV OV 6, WITNESS my hand and official seal. 47 SIGNATURE OFNOTARY,,u OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACI'T'Y CLAIMER BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT E TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER: SIGNER IS REPRESENTING. DATE OF DOCUMENT NAM OF PEERSOKS)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4W71GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Bax 7184•Canoga Park,CA 913W7184 POWER OF ATTORNEY Know All Men By Thaw Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal office In Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Rhonda C.Abel,Jeri Apodaca, Patricia H.Brabner,Alexis H. Bryan,Jane Kepner,Nanette Myers,Leigh McDonough,Mike Parizino,James A. Schaller, Rachelle Rheault and Ashley Ward of Irvine, CA(EACH) its true and lawful Attorneys)-Irl-Pact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as Its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or coitaction of any promissory note,check,draft or letter of credit, This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein, The Company may revoke this appointment at any time. The execution of such bonds and undertakings In pursuant of these presents shalt be as binding upon the said Company as fully and amply to all Intents and purposes,as if tie same Haid bbefl duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,Missouri. ` This Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned secretary as being In full force and effect: 'VOTED,That the Chairman of the Board,the President,or any Vice president,or their appointees designated in wrung and OW with the Seere►tary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact,. and to authorize therm to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, reoognizances, contracts of Indemnity and other writings, obligatory In the nature thereof, and any such officers of than Company may appoint agents for acceptance of process." This Power of Attorney is sued, sealed and certifled by facsimile under and by authority of the following resolution adopted by the unanimous,consent of the Board of Directors of the Company.on March 3,20103: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated In writing and filed with the Secretary, and the signature of the Secretary, the seat of the Company, and certlAwtions by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it Is attached,shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof,the Company has caused this Instrument to be signed and its corporate sear to be affixed by their authorized officers,this 1st day of March ,20 04 Arch insurance Company Attested and Certified 0once OWKWATt S&L 54e,01� Ilhsaarl Joseph S. ,Corporate Secretary Thomas P.Luckstone,slice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B.Gilligan,a Notery Public,do hereby certify that Thomas P.Luckstone and Joseph S.Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri; subscribed to the foregoing instrument, appeared before me this day In person and severally acknowledged that they being thereunto duty :authorized signed, sealed with the corporate seal and delivered the said Instrument as the free and voluntary act of said corporation n and as their own free and voluntary acts for the uses and purposes therein set forth. �S�I MA NOWY P Stfti Carwtaelon 28,20Mallssd 111Tgan,NoteryPublic My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney darted M�1.200M on behalf of the person(s)as listed above is a true and correct copy and that the sa has been in full fdree and effect since the date thereof and Is In full force and effect on the date of this certificate, and I do further certify that the said Thomas P.Luc tone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice Preskient.of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and iced the corpoiate seal of the Arch Insurance Company on this 23rd day of_ _arc i ,20 04__-, Joseph S ell,Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except In the manner and to the extent herein stated. WA irfeiwA Horne Office:Kansas City,MO 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United Mates will pay ninety.percent(90%) of covered terrorism losses exceeding the applicable Insurer deductible. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on July 13, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO, 2004! 363 SUBJECT: Approve the Drainage Improvement Agreement DA 03-00032,Windemere Phase III !Mitigation Creeks A & K (cross-reference Subdivision 8508), being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for Drainage Improvement Agreement DA 03-00032 Windemere Phase III Mitigation Creeks A & K (cross- reference Subdivision 8508), property located in the San Ramon (Dougherty Valley) area, Supervisorial District III. A drainage improvement agreement with Windemere BLC Land Company,LLC,principal, whereby said principal agrees to complete all improvements, as required in said drainage improvement agreement,within one year from the date of said agreement.Improvements generally consist of mitigation creek improvements. Said document was accompanied by security to guarantee the completion of drainage improvements, as required by Title 9 of the County Ordinance Code, as follows: 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 date shown. Originator:Pub&Works(F-S) Contact: Teti Rie(313-2363) JULY 13 2004 G:\GtpDatslP,ngSvc\BOO2004\07-13-oa1DA0032 BO-20.doc ATTESTED: � LT:rm cc: Pubic Works- T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County T—May 13,2005 Administrator Windermere BLC Land Company,LLC 3130 Crow Canyon Place,#310 San Ramon,CA 94583 Atm:Brian Olin Arch Insurance Company By ,, ,Deputy 135 N.Los Robles Pasadena,CA 91101 Attn:Patricia H.Brebner RESOLUTION NO.2004/. 363 SUBJECT: Approve the Drainage Improvement Agreement DA 03-00032, Windemere Phase III Mitigation Creeks A&K(cross-reference Subdivision 8508),being developed by Windemere BLC Land Company,LLC, San Ramon(Dougherty Valley) area. (District III) DATE: July 13, 2004 PAGE: 2 I. Cash Bond Performance Amount: $2,620.00 Auditor's Deposit Permit No. DP424912 Date: May 20, 2004 Submitted by: Windemere BLC Land Company, LLC Taxpayer identification number: 94-329-15-16 11. Surety Bond Bond Company: Arch Insurance Company Bond Number and Date: SU5007568 May 11, 2004 Performance Amount: $259,380.00 Labor&Materials Amount: $131,000.00 Principal: Windemere BLC Land Company, LLC NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/363 .. _ t..UUNI Y Ur c.cJrrttKtt ti.uarn DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROL R TC)TFfE TREASURER: MARTINEZ,CALIFORNIA - RECN:M FROM / ORGANIZATION NUMBER `.-�G :- (Far Cash Collection Procedures sere County Administrator's Bulletin 105.) DESCRR'TK)N RM/lORG Sulk TASK OPTION ACTMTY AMOUNT ACCT,r �.,.. J i ,frn 67 •ii t a�ZG_) I I r i,!'.you fi. "� /;# y itf 47 'ill:` t rp i EXPLANATION: TOTAL $ i ;. ,t ..;:' '� `t I` .t l '.4'�i J DEPOSIT # Deposit consists of the fo�items J- -40 i{ $ I � COIN and CURRENCY C, CHECKS,MA.,ETC r' r ✓ ''... r'( 7 ,fi (7 J/ BANK DEPOSITS $ FOR AUDITOR-CONTRO LER USE ONLY MPOOSIT PERMIT DP- NUMBER 'ZATjE ;NE4 NUMBER [ The amount of monW described above is for Tneosurer' pt of ob o t is derposrt into the County Treasury. approved, Receipt above amount is heroby Sign , f Signed: T 7 EXT. Deputy County Auaitrx Deputy County Treasurer COUt41 Y(Jt'L,t.4 t KA r..varr�.... D SIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROL RTINEZ CALIFORNIA TaTHE TREASURER: MA 't v RECEIVED FROM ORGANIZATION NUMBER - , int (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESC RI.PTION FUNDJORG. SUB. TASK OPTION ACTIVITY AMOUNT CCT }eo 5 L• } } k } } i t } } I 1 f } k I I I } i t 3 1 } 1 I k 1 k } EXPLANATION: TOTAL $ E DEPOSIT Deposit consists of the following iterns COIN and CURRENCY $ CHECKS.M.O.ETC. $ BANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP. NUMBER DATE r ,�®� j ✓ ASSIGNED The amount of nxxW described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Trerasury acknowledged. - , . . Sgre T } j i. 3 ) EXT.�✓ 1 Deputy County Auditor' Deputy Cai Treasurer D-34 REV:(7-93) 0649-9665 / 8310000: G1138846, $8,500.00, Sub 8776, Final Map Check Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 0649-9665 / 8310000: G1138847, $3,525.00, Sub 8777, Final Map Check Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 0649-9665 / 8310000: G1138848, $3,400.00, Sub 8778, Final Map Check Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 0649-9665 / 8310000: G1138850, $500.00, MS 00-00011, Inspection, Stephan P. Pinto, 1833 Kof man Pky, Alameda, CA 94520 0649-9665 / 8310000: G1138851,$10,000.00,50 1157,Improvement plan Review, Shapell Industries, 100 N. Milpitas Blvd., Milpitas CA 95035 0649-9665 / 8310000: G1138849, $1,690.25, MS 00-00011, Inspection Minor Sub, Stephen P. Pinto, 1833 Kof man Pky, Alameda, CA 94502 819800-0800: G1138630,$2,720.00, DG 0033, Performance Cash Bond, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 819800-0800: G1138645, $4,840.00, RA1137, Performance Cash Bond, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 819800-0800: 'G1138647, $2:620.00, DG 0032, Performance Cash Band, Windemere BLC>Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA . EXECUTED IN DUPLICATE Development No: DA 0032 (Crass-Ref SUB 8508) Bond: SU 5007568 Premium: $1,945.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance & maintenance, AND labor and materials) 1. OBLIGATION: Windemere BLC Land Comn4fly, L.L.C. ,as Prixs.�ipal,anl Arch Insurance Compa4y corporation , a rpo organized and existing under the laws of the State of Missouri and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance,&Ma ntruanee;Two Hundred Fifty Nine Thousaad Three Hundred Eighr„k and 001100 Dollars($ 259.384.00 l for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. Labor& Materials: One Hundred T�gY One Thousand and ©O110QI7ollars ($ 131.000.00 }for the benefit of persons protected udder Title 15 § at seq. of the California Civil Code. 1 RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and ether improvements in-_ DA 0032 (Crass-Reference SUB 8508) , as spzci led in the Drainage improvements Agreement,and to complete said work within the time specified in the Drainage Improvement .Agreement for completion, all in accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for_ SUB 8508. 'Windemere Phae III 3. CONDITION: If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period;and if principal fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement,and protects the premises from claims of such liens,then this obligation as to Section 1-(B)above shall become null and void;otherwise this obligation remains in full farce and effect. No alteration of sand contract or any plans or specifications of said work agreed to by the Principal and the county shall relieve any surety from liability on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of California Civil Corte § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken,and agrees that if County sues on this Bond, Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgement. 3. CONDITION: 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 beep 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 therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full farce and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as assts and included in any judgement rendered. 8. The condition of this obligation as to Section 2(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the Counry of Contra Costu and all contractors, subcontractors, laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will gay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation,To be awarded and fixed by the court, and to be taxed as costs and to be included in the j udgement therein rendered. It is hereby expressly stipulated and agreed that this bond shush inure to the benefit of any and all ,persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Pan 4 of Division 3 ofthe Civil Code,so as to give a right ofaction to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed thenn this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on May 11, 2004 PRINCIPAL See Signature Block below SUnTY,`MCH TNSURA&E COWANY $y See Below. y &17v arca Brebner, Attorney-in-Fact✓ AddreSS 24800 Chrisanta Dr. , Mission Viejq� ess 135 N. Los Robles Pasadena, CA 91101 WINDEMERE BLC�LAND COMPANY, LLC, a California limited liability company By: LEN--OBS WTNDEMERE, LLC, a Delaw ,= limited liability company, its managing member By: LENNAR HOMES OF CALIFORNT , INC. , .&- California corporation, its managing member David Evans, Vice President *CA, 92691 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On May 12. 2044 before me, Gina Prints, personally appeared David Evans, personally known to me 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 the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. CammWk)n#1463610 otut r COU* MV C0MM.b4*ft Nov 26,2007 OPTIONAL. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President _ _ Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of document: Surety Bond No. SU 5007568 Number of Pages: Two 2) Date of Document: Mav 11, 2004 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE A NOWLEDGMENT No.5907 State of California County of Orange On May 11, 2004 before me, Leigh McDonough,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner NAME(S)OF SIGNER(S) Z personally mown to me-OR- El proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LEIGH Mt O0►+i0U(-9 COMM' ion#1328e74 ' Notary pubiic-califomin, WITNESS my hand and official seal. Oren as county ;; I CommMY c s€tom Nov 6,20M� '' ! > �f i,n �� ` 2 y SIGNATURE OF NOTARY bl OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF PACES OTHER: SIGNER IS REPRESENTING; DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 t 1993 NATIONAL NOTARY ASSOCIATION o 8236 Remmet Ave.,P,O.Box 7184-Canoga Park,CA 91309-7164 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal office In Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Rhonda C.Abel,Jeri Apodaca, Patricia H. Brebner,Alexis H. Bryan, Jane Kepner,Nanette Myers, Leigh McDonough,Mike Parizino,Jaynes A.Schaller, Rachelte Rheault and Ashley Ward of Irvine,CA(EACH) Its trite and lawful Attorneys)-in-pact,to make, execute, seat, and deliver from the date of Issuance of this power for and on Its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection.of any promissory note,check,draft or letter of credlL This authority does not permit the same obligation to be split Into two or more bonds In order to bring each such,bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings In pursuance 'oi these presents shall be as binding upon the said Company as fully and amply to all Intents and purposes, as If tt a same hide 'beed truly exe6utod and acknowledged by its regularly elected officers at Its principal office to Kansas City, Mlesoud. This Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2403,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In full force and effect: *VOTED, That the Chairman of the Board,the President,or any Vice President, or their appointees designated In writing and filed with the Secretary, or the Secretaiy shell have the power and authority to appoint agents and attorneys-In-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous.consent of the Board of Directors of the Company.on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated In writing and filed with the Secretary, and the signature of the Secretary, the seat of the Company, and certifications by the Secretary, may be,affixed by facsimile on any power of attorney or bond executed pursuant to the resolutioon adopted by the Board of Directors.on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it Is attached,shall continue to be valid and binding upon the Company. OOMLOO13 00 03 03 Page 4 of 2 Printed In U.S.A. in Testimony Whereof,the Company has caused ails Instrument to be signed and its corporate seal to be affixed by their authodzed officers,this 1st slay of March ,20_04 . Attested and Certified Arch Insurance Company wxao�rie S IMiaairrl Joseph S. ,Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS Mellsea B.Gilligan, a Notary Public,do hereby certify that Thomas P.Luckstone and Joseph S.Labell personally known to rite to be the same persons whose names are respectively as Vine President and Corporate Secretary of the Arch Insurance Company. a Corporation organized and existing under the laws of the State of Missouri. subscribed.to the foregoing Instrument, appeared before me this slay In person and severally acknowledged that they being thereunto duly authorized signed,sealed with the corporate seal and delivered the said Instrument as the free and voluntary act of sold corporation and as their own free and voluntary acts for the uses and purposes therein set forth. E810 6APubk7 of(kms 7:2006] M llssa . II an,Notary Public- - My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labeii, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated itAaMb 1.2004 on behalf of the person{s}as listed above Is a true and correct copy and that the am*has been In full force and effect since the date thereof and Is In full force and effect on the date o4`'thiscertificate; and I do further certify that the said Thomas P.Luckstone who executed the Power of Attomey as Vie President,was on the date of execution of the attaches!Power of Attorney the duly elected Vice President.of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on nils Y I th day of___ May .20_24 Joseph S ,Corpomsta Secretary This.Pourer of A#fomay[!units one acts of those named therein to the lids and undertakings specifically named therein and they have no authority to bind the Company except In the manner and to the extent herein stated. tbs+aEd Home Office.Kansas City, MO 00ML0013 00 03 03 Page 2 of 2 Printed In U.S.A. ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (00%) of covered terrorism losses exceeding the applicable insurer deductible. DRAINAGE IMPROVEMENT AGREEMENT Subdivision: DA 0032 (Cross-Reference SUB 8508 _ Effective Date: Developer: Windemere BLC Land Company_L.L.C. Completion Period: 1 year WINDEMERE BLC LAND COMPANY LLC, a California limited liability Company THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: By:LEN-0135 Windemere,LLC A Delaware limited liability company CONTRA COSTA COC,'NTY Managing Member Maurice M.Shiu,Public Works Director By:Lennar Homes of California,Inc., Managing Member By: e._4�-A�= (signature) RECOMMENDED FOR APPROVAL (print name& t Don Larson,Vice President By: (signature) e { Engineering rvices Division (print name& itle)Darleen Carpe ter,Asst.Secretary FORM APMQVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures must conform with the designated representative groups pursuant to Corporations CodeS313.) I. PARTIES&DATE,Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon ;"and the above-named Developer,mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY.upon executing this Agreement,the Developer shall provide as security to the County: A. For Performance and Guarantee: 2.620.00 cash,plus additional security,in the amount of$_259.380.00 together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certifier)check,or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 131.000.00 ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer, the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. 5. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 6. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments therefore,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are the County and its special district, elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s)or other proceeding(s)concerning said liabilities and claims. C. The actions causing,liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them. D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepared,supplied,or reviewed any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity. E. 1, Windemere BLC Land Company LLC(".BLC")shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims,costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000, by and between BLC and Shapell Industries,Inc.("Shapell")including,without limitation,any claim, cost,loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement. 2. BLC's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or any other person;provided,however,that BLC shall not be required to indemnify, protect, defend or hold County or District harmless to the extent any claims, losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. &. COSTS, Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERFORMANCE AND COSTS. If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to,Engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently proceeds to complete the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. M ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights,in accordance to the Dougherty Valley MOU. RL:kw 1\PWS4tSHARDATANGrpDatatEngsvc\Forms\AG WQRMAG»37.doc Rev.April b,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Cs JT'1��t� C, r t SS. � n t On s `' C04 before me, t 1 r1#iI 1�1^7/ R. Date Name and Title of Officer(e.g.,"Jane as,Notary Public') personally appeared Name s)of Signer(s) "'"personally known to me iN ❑ proved to me on the basis of satisfactory evidence _ to be the person(s) whose name(s)-i6/are subscribed to the within instrument and m i<P,REN L KHN A4 acknowledged to me that �e/they executed Commission# ,378827 the same in Fitsfr/their authorized f 'knay, Notary Public - California capacity(ies), and that by �hisaar/their Z Cortrc Caste n° Couy signature(s) on the instrument the person(s), or _. MYComM..Expires CCtr',2,06 the entity upon behalf of which the person(s) acted, executed the instrument. WIT4,Ayanda fficial eai. —signature o Not. Public OPTIONAL. Though the information below is not required by±a;N It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. �l r Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: ' x �R Capacity(ies) Claimed by Signer Signer's Name: J Individual Top of thumb here J Corporate Officer Title(s): L Partner — Limited ❑General Attorney-in-Fact ' ❑ Trustee 17 Guardian or Conservator ; ❑ Other: } Signer is Representing: ®1959 Na:ienal Notary Association•9350 Do Soto Ave.,P.O.Sox 2402 Chatsworth,CA 91313-2402 www.nafionalnotary.org Prod.No.5907 Reorder:Call Tolt-Free 1-800-876-6827 r.. Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 13, 2004 by the fallowing vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 364 SUBJECT: Approving Deferred Improvement Agreement along Danville Boulevard for LP 01- 02142, (APN 197-090-003), Alamo area. (District III) The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with San Ramon Valley United Methodist Church, as required by the Conditions of Approval for LP 01-02142. This agreement would permit the deferment of construction of permanent improvements along 902 Danville Boulevard, which is located in the Alamo area. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. 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 Ls:gpp on the date shown G:\GtpData\ErgSvc\BO\2004\07-13-041LP 012142 Ba-12.doc ATTESTED: JULY 13, 2004 Originator:Public Works(ES) Contact. Frank Navarro (313-2264) JOIN SWEETEN,Clerk of the Board of Supervisors and Recording to be completed by COB County Administrator cc: Current Planning,Community Development By- ,Deputy RESOLUTION NO.2004/ 364 Recorded Costa the request of: CONTRA COSTA Co Recorder Office Contra Works Dopay STEPHEN L, UEIR, Clerk Recorder Public Works Depattiment EngiRetuneering to. Services Division DOC- 2�11�4-0273022-00 Public Warks Department FRE d�Y, JUL 16, 2004 08:37:13 Engineering Services Division $0.00 Tt 1 Pd Records Section $6,88 Nbr-0002240561 Area: Alamo X11 �t I r c l R 9/1-6 Road.. Danville Boulevard Co.Road No: 530 1 A Project: LP 61-2142 APN: 197-090-403 DEFERRED IMPROVEMENT AGREEMENT (Project: LP 01-2142 Sart.Ramon Valley United Methodist Church) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) Maurice M. Shiu,Public Works Director San.Ramon Valley United Methodist Church Cr. n t t RECOMMENDED FOR APPROVAL; By; r (s gri8tu e) 4 ngineering Services Divisional FORM APPROVED; Victor J. Westrnan, County Counsel (NOTE: This document is to be acknowledged with signatures as they appear on deed of title. If Owner is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) (see attached notary) 1. PARTIES. Effective onl� b the County of Contra Costa,hereinafter referred to as"'County" and San Ramon Valley United Methodist Church hereinafter referre to as"Owner"mutually agree and promise as follows: 2. P_TJ�._O;E. Owner desires to develop the property described in Exhibit"A"attached hereto and wishes to defer construction of permanent improvements,and County agrees to such deferment if Owner constructs improvements as herein promised. 3. AGREEMENT B ING ON SUCC—ESSORS M INTEREST. This agreement is an instrument affecting the title or possession of the real property described in Exhibit"A." All the terms,covenants and conditions herein imposed are for the benefit of County and the real property or interest therein which constitutes the County road and highway system and shall be binding upon and inure to the benefit of the land described in Exhibit"A"and the successors in interest of Owner. Upon sale or division of the property described in Exhibit"A",the terms of this agreement shall apply separately to each parcel,and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. Upon annexation to any city,Owner,or those who succeed him as owner of the property described in Exhibit"A,"shall fulfill all the terms of this agreement upon demand by such city as though Owner had contract with such city originally. Any annexing city shall have all rights of a third party beneficiary. 4. STREET AND DRAINAGE IMPROVEMENTS: A. The improvements set forth in this section may be deferred by Owner and shall be constructed when required in the manner set forth in this agreement. The deferred improvements required by County.Department of Public Works are generally described on Exhibit"B"attached hereto. Each of said improvements relate to the use,repair,maintenance or improvement of,or payment of taxes,special assessments or fees on,the property described in Exhibit"A." B. When County Public Works Director determines that there is no further reason to defer construction of the improvements because their construction is necessary for the public health,welfare and safety and/or is necessary to the orderly development of the surrounding area,he shall notify Owner in writing to commence their installation and construction. The notice shall be mailed to the current owner or owners of the property as shown on the latest adopted County assessment roll. The notice shall describe the work to be done by Owner,the time within which the work shall commence and the time within which the work shall be completed. All or any portion of said improvements may be required at a specified time. Each Owner shall participate on a pro rata basis in the cost of the improvements to be installed. If Owner is obligated to pay a pro rata share of a cost of a facility provided by others,the notice shall include the amount to be paid and the time when payments must be made. 5. PERFORMANCE OF THE WORK. Owner shall perform the work and make the payments required by County asset forth herein or as modified by the Board of Supervisors. Owner shall cause plans and specifications for the improvements to be prepared by competent persons legally qualified to do the work and shall submit said improvement plans and specifications for approval prior to commencement of the work described in the notice and to pay County inspection fees. The work shall be done in accordance with County standards in effect at the time improvement plans are submitted for approval. Owner agrees to commence and complete the work within the time specified in the notice given by the Director of Public Works and to notify the County at least 48 hours prior to start of work. In the event Owner or his successor(s)in interest fails to construct any of the improvements required under this agreement,County may,at its option,do the work. A lien is hereby created on all property described in Exhibit"A"for the cost of such work. If County sues to compel performance of this agreement,to recover the cost of completing the improvements or to enforce the aforementioned lien,Owner shall pay all reasonable attorney's fees,costs of suit and all other expenses of litigation incurred by County in connection therewith,and said attorney's fees,costs and other expenses shall also become a lien on the property described in Exhibit"A". If the property described in Exhibit"A"is subdivided at the time said liens are imposed,the amount of said liens shall be divided proportionately among the various parcels. Permission to enter onto the property of Owner is granted to County or its contractor as may be necessary to construct the improvements covered by this agreement. 6. JOINT COOPERATIVE PLAN. Upon notice by County,Owner agrees to cooperate with other property owners,the County,and other public agencies to provide the improvements set forth herein under a joint cooperative plan including the formation of a local improvement district,if this method is feasible to secure the installation and construction of the improvements. 7. REVIEW OF REQUIREMENTS. If Owner disagrees with the requirements set forth in any notice to commence installation of improvements, he shall,within 30 days of the date the notice was mailed,request a review of the requirements by the Board of Supervisors of County. The decision of this Board shall be binding upon both County and Owner. 8. ACCEPTANCE OF IMPROVEMENTS. County agrees to accept those improvements specified in Exhibit"B"which are constructed and completed in accordance with County standards and requirements and are installed within rights of way or easements dedicated and accepted by resolution of the Board of Supervisors. Owner agrees to provide any necessary temporary drainage facilities,access road or other required improvements,to assume responsibility for the proper functioning thereof, to submit plans to the appropriate County agency for review, if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property. 9. BONDS. Prior to County approval of improvement plans,Owner may be required to execute and deliver to the County a faithful performance bond and a payment bond in an amount and form acceptable to County to be released by the Board of Supervisors in whole or in part upon completion of the work required and payment of all persons furnishing labor and materials in the performance of the work. to. INSURANCE. Owner shall maintain, or shall require any contractor engaged to perform the work to maintain, at all times during the performance of the work called for herein a separate policy of insurance in a form and amount acceptable to County. 11. INDEMNITY. Owner shall defend,indemnify and save harmless the County,it's officers,agents and employees,from every expense,liability or payment by reason of injury(including death)to persons or damage to property suffered through any act or omission,including passive negligence or act of negligence,or both,of Owner,his developer,contractors,subcontractors,employees,agents,or anyone directly or indirectly employed by any of them, or arising in any way from work called for by this agreement,on any part of the premises,including those matters arising out of the deferment of permanent drainage facilities or the adequacy,safety,use or non-use of temporary drainage facilities,or the performance or nonperformance of the work. This provision shall not be deemed to require the Owner to indemnify the County against the liability for damage arising from the sole negligence or wilMil misconduct of the County or its agents,servants,or independent contractors who are directly responsible to the County. LS:rm G:\GrpData\EngSve�Laurie\projects\LP 2542-01\AG-12 December 03.doc Rev.April 6,2000 CALIFORNIA ALL_-PURPOSE ACKNOWLEDGEMENT State of k eh r OPTIONAL SECTION County of n i CAPACITY CLAIMED BY SIGNER On before Though statute does not require the Notary to fill In DATE NAME, T JANE DOH,NOTARY PUBLIC" the data below,doing so may prove invaluable to � #�h ` Y Co.,�- y ( persons relying on the document. personally appeared`^" "f�""�M ct f ti t–i NAWS OF ( ) ❑ INDIVIDUAL 0 personally known to me-OR- proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)is/pn TrrLL(S) subscribed to the within instrument-98 acknowledged to me that he/she/ove3PTxecuted 0 PARTNER(S) 0 LIMITED the same in ' ! uthoriz 0 GENERAL Cornmi ion#i 34,8738 capacity- , his/her/ tt`� 0 ATTORNEY-IN-FACT Ntitar Public —Caltforrtta= s=gna he instrument th on(s}ar ❑ TRUSTEE(S) ,CAROLDLANESTEPANOVICH the ti n alf of which the persons} Contra Costa County� d, ec to a instrument. 0 GUARDIAN/CONSERVATOR My� tgg�25,2;W_ 0 OTHER: E5 and official 1, --�-_ - - SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTr ry(1ES)) SIGNATtfRE OF OTARS OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages i Though the data below is not required by law,it may prove valuable Date of Document j to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTION'S TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have e au ority to sign for and bindthe partnership. IV. SIGNATU'R1S FOR CORPORATIONS Documents should a signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board (b)}The President c Any Vice-President GROUT'2. aThe Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:mw 1\FWS4\SSHARDATA\GrpDsta\EngSvc\Fornu\WORD FORMSIALL PURPOSE NOTARY.doc LP 01.2142 EXHIBIT"A„ All that real property situated in the.County of Contra Cjos>a,State ofC;afifornia,described,fs follows: A portion of that lard described it the Gleed from San Ram. or, Valley United M1cthc&,-A Church to Contra Costa.County, recorded and on fi lc wt the County Recorder's Office as follows: Date: JULY 14, 2004 B€ok: DOC-2004-0269349-00 Page. C::\f;n 7 #a1ti:{ vc1La Gc ein o;ecYs1?{'2142 011EXt isi -A 03A.,x, RE: LP 2142-01 EXHIBIT 'B" IMPROVEMENTS Improvements required by Contra Costa County Community Development Department and the County Ordinance Code as a condition of approval for the above-referenced development are located along Danville Boulevard for Parcels One, Two, and Three, described in Exhibit "A": I. Approximately 530 linear feet of curb,face of curb located 10 feet from the right of way line. 2. Approximately 530 linear feet of 5-foot 6-inch sidewalk, width measured from curb face, built monolithic with the curb. 3. Approximately 5,300 square feet of street paving to pave between the existing pavement and the lip of gutter. 4. Necessary longitudinal and transverse drainage. 5. Necessary street lights. The final number and location of the lights will be determined by the County Public Works Department. 6. Temporary conforms for paving and drainage as may be necessary at the time of construction. 7. Submit improvement plans to the Public Works Department,Engineering Services Division, for review; pay an inspection and plan review fee and applicable lighting fee. CONSTRUCTION Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent. The construction of the above deferred improvements shall begin as outlined in Item 4B of the agreement or when either of the following occurs: 1. Danville Boulevard is constructed to its ultimate planned width by the County or by an assessment district. 2. Frontage improvements are constructed adjacent to the subject property. It is the intent at this time that the"pro rata basis"of costs,as specified in Item 4B of the agreement, shall mean that the owners of each parcel shall pay one-third of the costs. LS= G`,GrpDaWlHngsvc\Laurie\Miects\LP 2142-011EXHISIT-D Decenter 03.doc Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 13, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKRIA, GREENBERG, DESAULNIER AND GLOVED NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 365 SUBJECT: Acceptance of Offer of Dedication for Roadway Purposes, for LP 01-02142, being developed by San Ramon Valley United Methodist Church,Alamo area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA DISTRICT Offer of Dedication LP 01-02142 San Ramon Valley Alamo III for Roadway Purposes United Methodist Church APN: 197-090-003 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of LS:gpp Supervisors on the date shown. 0:\GrpData\EngSvc\130\2004\07-13-04\LP 012142 BO-30.doc Originator: Public Works(ES) Contact: Frank Navarro(313-2264) Recording to be completed by cos ATTESTED: JULY 13, 2004 cc: Current Planning,Cormnunity Development Department San Ramon valley united Methodist Church JOHN SWEETEN, Clerk of the Board of Supervisors and 902 Danville BlvcL,Alamo,CA 94507 County Administrator By , Deputy RESOLUTION NO.2004/. 365 Recorded the request o;: Contra Com County Ill!HIM1 1111111111111111111111111111111111111111 Con Board of Supervisors CONTRA COSTA Co Recorder Office Pblic to: Department STEPHEN L, WEIR, Clerk-Recorder Engineering Services Division DOC— 2004-0269349-00 Records Section Wednesday, JUL 14, 2004 10:15:32 Area: Alamo FRE $0.00 Road: Danville Boulevard Ttl Pd $0,60 Nbr-0002237037 Co.Road No.: 5301A 1 1'C! 1– Development No.: LP 01-2142 APN: 197-090-003 OFFER OF DEDICATION-ROAD PURPOSES San Ramon `galley United Methodist Church, the undersigned, being the present title owner of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to Contra Costa County,a political subdivision of the State of California and its successors or assigns, for street, highway landscaping and other public purposes, including maintenance thereof,the fee title to real property situated in the County of Contra Costa, State of California, as described in Exhibit "A" (written description) and shown on Exhibit"B" (plat map) attached hereto. It is understood and agreed that Contra Costa County and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein,until such offer has been accepted by appropriate action of the Board of Supervisors, or of the local governing bodies of its successors or assigns. The provisions hereof shall inure to the benefit of Contra Costa County and it successors or assigns and will be binding upon the title owner of record and that owner's heirs, successors or assigns. The undersigned executed this instrument on 12-/2,003 San Ramon C-c Valle United Methodist Church (Signature) + y R lk e) "u,� a (Signature) !ti YJ t AI (See attached notary) LS:tm G:\GrpData\Engsved-aurie\projeets\LP 2142-01\OF-6 December 03.doc corm Rev.May 1,2003 Approved by County Counsel—4/29/03 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State ' OPTIONAL SECTION County of __ CAPACITY CLAIMER BY SIGNER On� I�,before me, d 'though statute does not require the Notary to fill in DATE NAME,TITLE G.,-3 DOE, PUBLIC" the data below,doing so may prove invaluable to persons relying on the document. personally appeared Ce�s�, Q�"1 fA NAME(s)of slirri R(s) 5a INDIVIDUAL personally known to me-OR- roved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose name(s)iTrME(s) subscribed to the within instrume'n acknowledged me thathelshexecuted PARTNER(S) LIMITED the same in or/ Ir or&Ze GENERAL CAROL DIANE PANOViCH capacity' s), a y hi ATTORNEY-IN-FACT ATTORNEY-IN-FACT signs th instrument the on(s)o r4,. Commission.#334673E the ti p b fofwhichtheperson TRUSTEES) ZNotary Pubilc—Caiitorrlia�= i ec d e instrument. GUARDIAN/CONSERVATOR Contra Costa County ==_ OTHER: My Comm.E)OresApr25,2006 SS official 2981, SIGNER IS REPRESENTING- (NAW EPRESENTIING:(NAME OF PERSON(5)OR E.VrrrY(MS)) SIONA OF NOT OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. 11. SIGNA`T'URES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be statea. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have e au ority to sign or an m e partnership. IV. SIGNATURES FOR CORPORATIONS Documents s uld be signed y two o icers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board b}}The President c Any Vice-President GROUP 2. jaThe Secretary b An Assistant Secretary c The Chief Financia ©fficer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." ICmw ta\BngSve\Farms\WORD FORIAMALL PURPOSE NOTARY.doc a=a EXHIBIT"A" LEGAL DESCRIPTION A PORTION OF THE RANCHO SAN RAMON SITUATE IN THE COUNTY OF CONTRA COSTA STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCELS ONE, TWO AND THREE AS SAID PARCELS ARE DESCRIBED IN THAT CERTAIN GRANT DEED TO SAN RAMON VALLEY UNITED METHODIST CHURCH RECORDED ON DECEMBER 14, 2000, AS DOCUMENT NUMBER 2000-0280537, CONTRA COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY CORNER OF SAID PARCEL ONE AND ON THE CENTERLINE OF DANVILLE BOULVARD; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL ONE, NORTH 46°36'00" EAST, 36.05 FEET TO A LINE WHICH LIES 36.00 FEET NORTHEASTERLY OF, MEASURED AT RIGHT ANGLES TO, AND PARALLEL WITH SAID CENTERLINE OF DANVILLE BOULVARD; THENCE ALONG SAID PARALLEL LINE SOUTH 46020'00" EAST, 446.16 FEET AND SOUTH 42000'00" EAST, 81.23 FEET TO THE EASTERLY LINE OF SAID PARCEL THREE; THENCE ALONG SAID EASTERLY LINE OF SAID PARCEL THREE SOUTH 0024'00" WEST, 53.39 FEET TO THE SOUTHERLY CORNER OF SAID PARCEL THREE AND THE SAID CENTERLINE OF DANVILLE BOULVARD; THENCE ALONG THE SOUTHWESTERLY LINES OF SAID PARCELS ONE, TWO AND THREE AND THE CENTERLINE OF SAID DANVILLE BOULEVARD THE FOLLOWING TWO COURSES: 1. NORTH 42°00'00"WEST, 119.30 FEET AND; 2. NORTH 46020'00" WEST, 446.64 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION. CONTAINING 196,681 SQUARE FEET( 0.4518 ACRES ), MORE OR LESS. KIER.A.WRIGHT CIVIL ENGINEERS &SURVEYORS, INC. TIMOTHY KELLY,'LS. 7089 DATE LICENSE EXPIRES 12-31-06 � � �1, �„ - END OF THI TIO ZA2001\A016161DOC S\A01616ROW.d©c 1 � 30' 30' APN 197--090-013 I N4616000"E 36.05' 0 40 80 i ..` W'LY Cal; PCL ONE POB 36.00' .Scale l" = 40 ft .46 ..r. ' 0 ° PARCEL ONE 0w � � WAYNE i� 0 SAN RAMON VALLEY A VE W UNITED METHODIST CHURCH �.. in GRANT DEED DOC. NO. 2000-0280537 < >- APN 197-090--003 3t : <Cc - v � � 1 m H PARCEL TWO a _ i ccs�v 1 C4 W z PARCEL THREE RIGHT OF WAY DEDICATION 361.00' � � w LAND ' SHY Cc, E'LY LIN IPCL TH E NO. 7089 N. APN 157--050 z i 00 � 12-31-2006 S LY COR .0,�� UfiCAlltr PCL THREE �p 30' 30' - _ d - - F L PORTAL Z:\2001\AQ1616\PLATS\RGHAwg 12/23/03 3:32:13 pin EXHIBIT "B" SCALE 1" = 40` K I E R & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. BATE NOVEMBER 200RIGHT 1233 Quarry lone, Suitt 143 Pbora 4925} 249-6555 BY ItGH OF WAY PiootoMon, Coiifornlo 94586 Fax 4925) 249-6363 DEDICATION [JOB N0. A01618 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on July 13, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAUINIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 366 SUBJECT: Acceptance of Release and Indemnification,for Subdivision LP 01-02142,being developed by San Ramon Valley United Methodist Church, Alamo area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUNIENT: REFERENCE: GRANTOR: AREA: DISTRICT: Release &Indemnification LP 01-02142 San Ramon Valley .Alamo III United Methodist Church 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 date shown. l.S:gpp JULY I3 2004 o:\GrpData\EngSvc\Bo\2004107-13-04�012142$o-27.doc AT'T'ESTED: � Originator: Public Works(Es) JOHN SWEETEN, Clerk of the Board of Supervisors and Contact:Frank Navarro(313-2264) County Administrator Recording to be completed by COB cc: Curivat Planning,Community Develuprrrent San Ramon Valley United Methodist Church By � w ,Deputy 902 Danville Boulevard Alarm,CA 94507 RESOLUTION NO.2004/ 366 d -d r� .fir L+O�ra Costa ' ` CONTRA I.LSS`Ca�WLI �_U request Cili 1/111 RI7 C YL6� OSSA Co Reorder Office Board of STEPS L, MR, Clerk-Recorder Public Works Deparunent DOC— 2004-0269350 oo Engineering services Division � +�+� Records section Wt e d , JUL 14, 20:13:41 Area: Alamo Tt l Pd $0.00 Nbr-0NO2237038 Project: LP 2142-01 I rc/RS/2-3 APN: 197-090-003 RELEASE AND INDEMNIFICATION San Ramon Valley United Methodist Church, declare the fallowing: a. We are the owners of A:PN 197-090-003 located at Alamo,California,as described in the Deed to us,recorded December 14, 2000,in Recorded Document DOC-2000-0280537-00(the"Property"). b. We have obtained land use Permit LP 2142-01. C. In consideration of,and as a condition to,the granting of the hermit referred to in subparagraph(b)above,we,and each of us,agree to construct said building in accordance with the building permit. d. In further consideration of the granting of said exception to the creek structure setback requirements of the ordinance,we,and each of us,hereby release the County of Contra Costa,the Contra Costa County Flood Control and Water Conservation District respective officers,agents and employees from any claim,cost,or liability arising out of or in connection with any damage to the site improvements, the subject property or downstream properties resulting from the proposed encroachment into the creek structure setback.. e. In further consideration of the granting of said exception to the creek structure setback requirements of the ordinance, we, and each of us, hereby agree to defend, indemnify, and hold said County, the Contra Costa County Flood Control and Water Conservation District respective officers,agents,and employees harmless from any claims,costs,demands, expenses or liability,including without limitation all consequential damages,arising out of or in connection with any damage to the site improvements,the subject property or downstream properties resulting from the proposed encroachment into the creek structure setback. f. This Agreement is an instrument affecting the title or possession of the real property described above and shall inure to the benefit of the County of Contra Costa,the Contra.Costa County Flood Control and Water Conservation District and shall be binding on all our heirs, successors and assigns. The undersigned executed this instrument on_J- "kR3 (date). Urm G.lCs;pBata\EngSvc\Lawrieelprojects\LP 2142-01 P.G-23 December 03.doo Rev.November,5•2001 Y CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of r OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On I� 3 before me, tiThough statute does not require the Notary to(111 in DATE OF OFFICER B.G.,YJANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to �� persons relying on the document. personally appeared ' Ar xAIaE{s}OP SIGNER(S) ❑ INDIVIDUAL ❑ personally known to me-OR- proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICERS) be the person(s)whose namI/are TITLE(S) subscribed to the within ins ment and ticknowled to me tha1#te/they executed p PARTNERS D LIMITED .8ara rtm. ..�.sir. PARTNER(S) CAROL DIANE PANW the sa s rltat b a prized ❑ GENERAL "`` cepa' hat tsy erltheir ❑ ATTORNEY-IN-FACT Commission#i738 si (s) n cine ent the person(s)or _ Z _� Notary Public—�Califomia z> e ty half of which the person ❑ TRUSTEE(S) Contra Costa County = ac ,exe d the instrument. ❑ GUARDIAN/CONSERVATOR ❑ OTHER: My Coif mi. X 25' TN nd�.of=ftciead l SIGNER IS REPRESENTING: I 1 NAME OF PERSON(S)OR ENrrrY(IES)) StCNAT OPNOT tY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above reattachment of this form INSTR.UCTI(7NS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL_SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. 11, SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Si Hing party must be either a general partner or be authorized in writing to have e au ori#y to sign or an in a partnership. IV. SIGNATURES FOR CORPORATI(JN=S Documents should b eessigned`yam tw0000 kers,one from each of the following two groups: GROUT' 1. �a)The Chair of the Board b The President c Any Vice-President GROUP 2. a The Secretary lb An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Beard of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only,one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the withn instrurnent pursuant to its by-laws or a resolution of its Board of Directors." Jc:mw %\PWS44SHARDATA,C»pDstaMngSvc\FonmlwORD FORMS\ALL PURPOSE NOTARY.dm 1 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public'Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 13, 2004,by the following vote: AYES: SUPERVISORS GIOIA, tUILKEMA, GREENBERG, DESAULNIER AND GLOVER. NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 307 SUBJECT: Acceptance of Grand Deed of Development Rights (Creek Structure Setback), for LP 01-02142, being developed by San Ramon Valley United Methodist Church,Alamo area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of LP 01-02142 San Ramon Valley Alamo III Development Rights United Methodist Church (Creek Structure Setback) 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 date shown. LS:gpp G:\GrpDataN.EngSvc'BC7s?004\07-13-04\LP 012142 BO-27(b).doc Originator: Public Works(ES) ATTESTED: JULY 13, 2004 Contact:Frank Navarro(313-2264) JOHN SWEETEN, Clerk of the Board of Supervisors and Recording to be completed by COB County Administrator cc: Current Planning,Community Development San Ramon Valley United Methodist Church 902 Danville Boulevard Alar:o,CA 94507 By ,Deputy RESOLUTION NO.2404/ 367 Recorded at the request of- Contra Costa County CONTRA COSTA Co Recorder Office Board of Supervisors STEPHEN L, WEIR, Clerk-Recorder Return to: DOC— 200+4-0209351-00 Public Works Department Engineering Services Division Wednesday, JUL 14, 2004 10:15:48 Records Section FRE $0.00 Area: Alamo T11 Pd $0.80 Nbr-ON2237039 Subdivision: LP 2142-01 1 r c/R9/i—6 APN.. 197-090-003 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition of approval number 43, of LP 2142-01, we, San Ramon Valley United Methodist Church(Owner),hereby grants to the County of Contra Costa,apolitical subdivision of the State of California (Grantee) and governmental successor or successors of said county, the future development rights,as defined herein below,over a portion of that real property known as 902 Danville Boulevard of Land Use Permit 2142-01, situated in the County of Contra Costa, State of California and more particularly described in Exhibit "A" (written description) and. as shown on Exhibit"B" (plat map) attached hereto. Development rights are defined to mean and refer to the right to approve or disapprove of any proposed construction, development or improvement within the areas marked "restricted development area."The development rights are and shall be a form of covenant,which shall run with the said property and shall bind the current Owner and any future Owner of all or any portion of said property. In the event of a disapproval of proposed construction by Grantee or successor, said proposed construction shall not be performed. Grantee,or successor,may condition the approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee,or successor, may deem appropriate. The undersigned executed this instrument on »3 Doxw'.6, -zoo.1 (Date). San Ramon Valley United Methodist Church (Signature) Mai ona:tr 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State o ' OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On `X J C!� ,before me, rd Though statute does not require the Notary to Iiil in DATE NAME,` TLE OF OFFICER Up,"JANE DOE,NOTARY PUBLIC' the data below,doing to may prove Invaluable to personally appeate(2 � persons relying on the document. NAritE(5}OF SYCrNER(5} [j INDIVIDUAL 0 personally known to the-OR- proved to me on the basis of satisfactory avtdemn�ce 0 CORPORATE OFFICER(S) be the person(s)whose na TITLES) subscribed to the withinInd acknowledged to me thlet�helthey executed 0 PARTNER(S) 0 LIMITED the same in er/their auth razed 0 GENERAL CAROL C?i�41�E SMP10J4'�VICi-1 capacity' d that�berttheir 0 AT'T'ORNEY-IN-FACT Commission#1:13487`38 -- signat (a, t s nt the person(s)or 0 TRUSTEE(S) »�' Nate Public---Galifomia the ti ,:upon half of which the persons} ed ecu t a instrument. 0 GUARDIAN/CONSERVATOR Contra Costa C., nfy = 0 OTHER: MCoated. �'�,20308 ESS h a official s SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTrrY(IES)) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INS'T'RUCTIONS TO NOTARY The fallowing information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the fallowing to be acceptable to Contra Costa County. I. FOR ALT,SIt"NATC.TRES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURtES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. in. SI,QNR iS FOR I'ARTNERSI`iIPS - Sigrmg party must be either a general partner or be authorized in writing to have the authority to sign or an in mt e partnership. IV. SIGN =S FOR CORPORATIONS Documents should ign two officers,one from each of the following two groups: GROUP I, Na, air of the Hoard {( ))The President c Any Vice-President GROUP 2, a The Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors," 3c:MW %TWS"HARDATAttirpt iEngSvz\Pom lwORD FORMSIALL PURPOSE NOTARY.Grn EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF THE RANCHO SAN RAMON SITUATE IN THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCELS ONE, TWO AND THREE AS SAID PARCELS ARE DESCRIBED IN THAT CERTAIN GRANT DEED TO SAN RAMON VALLEY UNITED METHODIST CHURCH RECORDED ON DECEMBER 14, 2000, AS DOCUMENT NUMBER 20000280537, CONTRA COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY CORNER OF SAID PARCEL ONE AND THE CENTERLINE OF SAN RAMON CREEK; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCELS ONE AND TWO AND THE CENTERLINE OF SAN RAMON CREEK THE FOLLOWING FOUR COURSES: 1. SOUTH 47045'00"EAST,81.84 FEET, 2. SOUTH 37035'00"EAST, 184.80 FEET; 3. SOUTH 75055'00"EAST, 122.76 FEET AND; 4. SOUTH 36015'00" EAST, 31.11 FEET TO THE EASTERLY CORNER OF SAID PACEL TWO AND THE NORTHERLY CORNER OF SAID PARCEL THREE; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL THREE THE FOLLOWING THREE COURSES: 1. SOUTH 32022'00"WEST, 75.47 FEET, 2. SOUTH 7021'00" EAST, 57.20 FEET AND; 3. SOUTH 62030'00"WEST, 62.31 FEET; THENCE LEAVING SAID EASTERLY LINE THE FOLLOWING THREE COURSES: 1. NORTH 38041'47"WEST, 39.61 FEET; 2. NORTH 86°24'15"WEST, 29.07 FEET AND; 3. NORTH 54045'09" WEST, 49.41 FEET TO A LINE WHICH LIES 1.50 FEET SOUTHEASTERLY OF, MEASURED AT RIGHT ANGLES TO, AND PARALLEL WITH A BUILDING STRUCTURE; THENCE ALONG SAID PARALLEL LINE MEASURED AT RIGHT ANGLES TO, AND PARALLEL WITH SAID BUILDING STRUCTURE THE FOLLOWING ELEVEN COURSES: 1. NORTH 44007'44"EAST, 23.12 FEET; 2. NORTH 45052'16"WEST, 8.50 FEET; Z:\2001\AO1616\DOCS\AO1616SSBE.doo 3. NORTH 44007'44"EAST, 21.92 FEET; 4. NORTH 45°52'16"WEST, 13.75 FEET; 5. SOUTH 44°07'44"WEST, 21,92 FEET; 6. NORTH 45052'16"WEST, 90.83 FEET; 7. NORTH 44007'44" EAST, 4.94 FEET; 8. NORTH 45052'16"WEST, 12.50 FEET; 9. SOUTH 44007'44"WEST,4.94 FEET; 10. NORTH 45°52'16"WEST, 38.67 FEET AND; 11. SOUTH 44°07'44"WEST, 23.54 FEET; THENCE. LEAVING SAID PARALLEL LINE NORTH 34001'18" WEST, 130.09 FEET AND NORTH 64°32'12" WEST, 49.27 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL ONE; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL ONE, NORTH 46036'00" EAST, 147.52 FEET TO THE BEGINNING OF THIS DESCRIPTION. CONTAINING 61,494 SQUARE FEET(1.4117 ACRES), MORE OR LESS. KIER'&WRIGHT CIVIL ENGINEERS &SURVEYORS, INC. TIMOTHY KELLY, L.S. 7089 LANA DATE LICENSE EXPIRES 12-31=06 'r ► Hy No.7089 &P. 12-3j-2"p �k -END OF THIS DESCRIPTION- 2:120011A01616\DOCS\A01616SSBE.dao � APN 197-090-013 , APN 197-090-012 I I I 0` 30` Nc) } NW'LY LINE PCL ONE 0 PCL ONE 1 _ I a - - N46 36'00" CLi 147.52" Ln1 IAN RAMON VALLEY '� P $ bD � i I UNITED METHODIST CHURCH 9 - DOC. NO. 2000--0280537 j APN 197-090--003 NE'LY LINE PCL co Aja ONE TWO WAYNE i PARCEL ONE AVENUE I 644'07'44"W � 23.54' �1 N45'5216 "W p 38'67' . 4407'44"W N45'52'16"W ` - .�� 1 12.50' ^ ' N44'07'44"E „ i 3 4.94' z OI 0 cc ' PARCEL TWO ul s� i o l It 544"07'44"W N45'52'16"W z 21.92' 0 , 13.75' I N44`07'44"E N21.92' *07 '44"E I W � 23.12' 21.92 ( N45`52'16"W $ •.1 I N54.45'09"W 8.50' f " 49.41 TWO ELY COR PCL I � U �- - `N'LY COR PCL THREE 4 iii 29.07' i N86'24'15"WN38`41'47"W 75.47' c) PARCEL THREE 39.61' s3V22'06"w ;a », 57.20' a 57'21'00"E r b Y LINE PCL THREE ' 07 r APN 197-090-002 I APN 197-090-001 r I 1 142 EL PORTAL 0 80 160 30 30 y Scab I" = 80 ft I � I Z:\20131\A01616\PLATS\SSB.BWG 4/5/04 7;4747 am SCALE i" = 80' KIER & WRIGHT EXHIBIT "Bee DATE DECEMBER 2005 CIVIL ENGINEERS & SURVEYORS, INC. STRUCTURE SETBACK 1233 Quarry Lan*, Suffa 145 Phono (925) 249-8555 BY RGH f�laasantast, Coilfarnia 94588 fox (925) 2+19-8563 EASEMENT JOB N0, A01616