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Home My WebLink AboutItem 4.1 GHAD Fallon Vlg Positano Accpt PropertySTAFF REPORT DISTRICT CLERK FALLON VILLAGE File #360 -60 GEOLOGIC HAZARD ABATEMENT DISTRICT DATE: December 15, 2015 TO: Honorable President and Board of Directors FROM: Christopher L. Foss, GHAD District Manager " SUBJECT: Acceptance of Property from Braddock and Logan Group II, L.P. and Dublin RE Investors, LLC. Prepared by Eric Harrell, GHAD Services Consultant EXECUTIVE SUMMARY: Construction of Geologic Hazard Abatement District (CHAD) improvements within the Fallon Village (Positano) development is complete with the exception of Bioretention Cell No. 4. In accordance with the Plan of Control, the Developer is requesting to transfer property and ownership responsibility to the CHAD. The request is to transfer 21 tax parcels, encompassing approximately 222.5 acres of land. FINANCIAL IMPACT: Acceptance of the GHAD property will transfer the ownership and maintenance responsibility from the Developer, Braddock and Logan Group II, L.P. and Dublin RE Investors, LLC., to the CHAD. Maintenance costs, and all other GHAD costs, will be paid from revenue generated from the assessments levied on residential and non - residential parcels within the Fallon Village GHAD boundary. Assessments were levied starting in Fiscal Year 2008 -09. RECOMMENDATION: District Staff recommends that the Board Adopt the Resolution Accepting Property from Braddock and Logan Group II, L.P. and Dublin RE Investors, LLC., and Authorizing the District Manager to accept the Grant Deeds. Submitted By District Engineer - Reviewed By District Treasurer Page 1 of 3 ITEM NO. 4.1 DESCRIPTION: The Fallon Village Geologic Hazard Abatement District (CHAD) was formed in December 2007 with the approval of Dublin City Council Resolution 216 -07. The adopted Plan of Control is dated May 8, 2007 with a revised date of July 3, 2013. The Plan of Control describes geologic hazards, provides a plan for prevention, mitigation, abatement, and control of geologic hazards, and identifies the parcels that will be conveyed to the CHAD. The Plan of Control also describes the process for conveyance of property and transfer of responsibility from the Fallon Village (Positano) developer to the CHAD. Over the last several years, the City of Dublin accepted multiple GHAD improvements within the Positano Development. Improvements include slopes, four bioretention cells, emergency vehicle access roads, maintenance roads, vegetation management, open space drainage improvements, trails, and subdrains. Once the GHAD parcels are transferred from the developer, Braddock and Logan Group II, L.P. and Dublin RE Investors, LLC., to the Fallon Village CHAD, all improvements within the GHAD parcels will be maintained by the GHAD as described in the Plan of Control with the exception of Bioretention Cell No. 4, which is discussed below. The cost of on -going maintenance and control of geologic hazards will be funded by assessments levied on residential and non - residential parcels within the Fallon Village GHAD boundary. Properties Being Transferred Braddock and Logan Group II, L.P. and Dublin RE Investors, LLC. is granting 21 parcels within Positano Development to the CHAD. The total area of these properties is approximately 222.5 acres, consisting of hillside open space, drainage swales, and bioretention basins. The authority that allows the GHAD to accept title to these properties is the California Public Resources Code (Section 26577), which states "A district may purchase, lease, obtain an option upon, acquire by gift, grant, bequest, or devise, or otherwise acquire any property or any interest in property." Biorentention Cell No 4. Bioretention Cell No. 4 is located at the southeast corner of Croak Road and South Terracina Drive, on Parcel A of Tract 8109 (APN 985 - 0109 -001). Bioretention Cell No. 4 is currently being used as a temporary stormwater detention basis. Prior to recording the deed to transfer ownership of the parcel containing Bioretention Cell No. 4, Braddock and Logan Group II, L.P. will either convert it from a detention basin to a bioretention cell, which provides stormwater treatment of runoff from the adjacent residential development, or they will enter into an agreement with the Fallon Village GHAD to guarantee conversion at a future date. Braddock and Logan Group II, L.P. will fund the construction necessary to convert Biorentention Cell No. 4. A draft Improvement Agreement between the Fallon Village GHAD and Braddock and Logan Group II, L.P. for the completion of Bioretention No. 4 is included as an attachment to this report. Staff recommends that the Board approve the agreement and authorize the GHAD Manager to execute the agreement in the event that the transfer of ownership occurs prior to Braddock and Logan Group II, L.P. completing the conversion of Bioretention Cell No. 4. In addition to the conversion of Bioretention Cell No. 4, Braddock and Logan Group II, L.P. is completing maintenance and repair of other improvements identified by GHAD staff. The GHAD Manager or designee will verify completion of these repairs prior to acceptance by the GHAD of monitoring, maintenance, and ownership responsibilities. Page 2 of 3 Current and planned landscape improvements within the GHAD -owned parcels will not be funded or maintained by the Fallon Village CHAD. In addition, the GHAD will not fund or maintain any of the existing or planned irrigation systems on the GHAD -owned parcels including the costs for water or electricity. Funding for these facilities is by the developer or homeowners association. NOTICING REQUIREMENTS /PUBLIC OUTREACH: None required. ATTACHMENTS: 1. Resolution Accepting Property from Braddock and Logan Group II, L.P. and Dublin RE Investors, LLC 2. Exhibit A to Resolution — Location Map 3. Exhibit B to Resolution — Grant Deeds 4. Exhibit C to Resolution - Improvement Agreement — Biocell #4, Lot A of Tract 8109 Page 3 of 3 RESOLUTION NO. -15 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT ACCEPTING PROPERTY FROM BRADDOCK AND LOGAN GROUP II, L.P. AND DUBLIN RE INVESTORS, LLC, AND AUTHORIZING THE DISTRICT MANAGER TO ACCEPT THE GRANT DEEDS WHEREAS, California Public Resources Code section 26577 authorizes the District to acquire interests in real property; and WHEREAS, the Plan of Control that was presented to the Board of Directors with the formation documents for the District anticipated that title to the open space parcels would be transferred from the Fallon Village Developer to the District following the construction of improvements and the expiration of a warranty period; and WHEREAS, Staff for the District has reviewed the formation documents and advised the Board of Directors that the Developer has satisfied its necessary obligations for the transfer of title of the open space parcels; and WHEREAS, the District will verify completion of construction, maintenance, and repair of improvements by Braddock and Logan Group II, L.P. prior to recordation of the Grant Deeds; and WHEREAS, Braddock and Logan Group II, L.P. has filed with the Fallon Village Geologic Hazard Abatement District an Improvement Agreement, Biocell #4, Lot A of Tract 8109, to construct required improvements to convert Bioretention Cell No. 4 from a temporary detention basin to a permanent bioretention cell, and with the improvement plans attached thereto; and WHEREAS, the District will verify completion of the conversion of Bioretention Cell No. 4 from a temporary stormwater detention basin to a permanent bioretention cell by Braddock and Logan Group II, L.P. prior to recordation of the Grant Deed for Parcel A of Tract 8109. NOW THEREFORE, BE IT RESOLVED that the Board of Directors of the Fallon Village Geologic Hazard Abatement District approves the Improvement Agreement Biocell #4, Lot A of Tract 8109. BE IT FURTHER RESOLVED that the Board of Directors of the Fallon Village Geologic Hazard Abatement District authorizes the District Manager to make minor modifications to the Improvement Agreement and related exhibits attached to the Improvement Agreement and execute said Improvement Agreement, Biocell #4, Lot A of Tract 8109, attached hereto as Exhibit "C." BE IT FURTHER RESOLVED that the Board of Directors of the Fallon Geologic Hazard Abatement District authorize the District Manager to accept Grant Deeds, direct the District Clerk to record the Grant Deeds and this Resolution of Acceptance, and take such other actions as may be necessary for the District to accept title to the open space property depicted and described as the following Assessor's Parcel Numbers: 985 - 0028 - 007 -13 985 - 0028 - 007 -14 985 - 0054 - 008 -02 985 - 0054 -010 985 - 0073 - 001 -02 985 - 0075 -007 985 - 0075 -014 985 - 0075 -015 985 - 0075 -016 985 - 0076- 002 -02 985 - 0076 -003 985 - 0076 -004 985 - 0076 -005 985 - 0076 -006 985 - 0086 -008 985 - 0086 -009 985 - 0086 -010 985 - 0086 -011 985 - 0086 -015 985 - 0101 -001 985 - 0109 -001 in the attached Exhibit A, pursuant to the Grant Deeds attached as Exhibit B. PASSED, APPROVED AND ADOPTED this 15th day of December, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Board President ATTEST: District Clerk COPYRIGHT O 1015 BY ENGEO INCORPORATED.THIS DOCUMENT MAT NOT BE REPRODUCED IN WHOLE OR IN PART BW ANY MEANS WHATSOEVER,NOR MAY n BE OUOTED OR EXCERPTED WITHOUT THE EXPRESS WRITTEN CONSENT Of ENGEO INCORPORATED. sn a 4 Z 8 PARCEL B 1 LU-12-05 8 / / / PARCEL 851 O (PRRC 7854) / N / 7. Illt''CI-1----11tilillit irillil " -) PARCEL A. o11 LTA-I2-OE . I rtigigit*,�I'�� iI 7/ �.1 ./ PARK /' ��..\.�•� + PARCEL 3 /'"E' ��1\ ��-- 10049) � �`► _ 1175 11, \\•••� / V 114) 10, PPACED 1 I��'1 �.� ,,,../;' ,, �\0,146,10 (PM 10049) , 1��l'�l� �i GC I�11 I.N.I_ ��I !��%1 ► == i�� ---�- (TRACT j -'"iii �� iu 'lllllllllllllll►i1. NE IIIIMIL AN* Ng glih.— et giroup 1111. ■i re ♦ ��f �1 1111111 m� _�� ♦ � !�i�i��l �I�I��IIII��/��/� � h\� �e es � ito Q _'�4/ cep s3-'`1 i it-11P■ Net �� p1111 11��1�1/11pp 1111111 ��p► * ♦,4%* , - j �- ,, il�Ij �� S - -- PARK ......es 11111 • 1, ' PARCEL C SCHOOL ,,, ,�, �'\, ' ' (TRACT 8105) % PARCEL 8 ,, . , , �� (TRACT 8105) CHAD �' ,' I I 1• PARCEL 8 SEMI' �l ii1r� �, VI ♦ ♦ . RACr 7854) -- Pueuc �I I\I� J/1 /la(TPRICTE7653) ',sew ash TRACT E7853 (TRACT�8105) �,, — ��,,,,,,,,ni001 CELL#4 PARCEL y V! PARCE7 D PARCEL A CITY PARCEL (T 1853) (TRACT 8109) (2007-257006)/ / / PARCEL IOC// ////�� \�,,, -BID-CELL#2 PARCEL"18 (TRACT 7281) I ( EXPLANATION ALL LOCATIONS ARE APPROXIMATE PARCEL "X" PARCEL NAMES IN QUOTES CORRESPOND TO TENTATIVE MAP 7586 PARCEL NAMES PARCEL X PARCEL NAMES WITHOUT QUOTES CORRESPOND TO FINAL MAP PARCELS(PER FM 7853,7854,AND 7855) FIRE/OPEN SPACE FENCING TO BE MAINTAINED BY GEOLOGIC HAZARDS ABATEMENT DISTRICT LANDS AND IMPROVEMENTS OWNED AND MAINTAINED BY A GEOLOGIC HAZARDS ABATEMENT DISTRICT(GHAD) A N BASE MAP SOURCE: MACKAY& SOUPS A V t rO EXHIBIT FALLON VILLAGE PROJECT NO.:4663.002.015 FIGURE NO. SCALE:NO SCALE 1 REC%h -Expect Excellence DUBLIN,CALIFORNIA DRAWN BE DLB IC0DV: EH ORIGINAL FIGURE PRINTED IN COLOR RECORDING REQUESTED BY: Fallon Village Geologic Hazard Abatement District (GRAD) No fee for recording pursuant to Government Code Section 27383 WHEN RECORDED MAIL TO: CITY OFD UBLIA' Attrr: GHAD Clerk 100 Civic Plaza Dublin, CA 94568 THIS SPACE FOR RECORDER'S USE ONLY GRANT DEED BRADDOCK & LOGAN GROUP I1, L.P. EWE DUBLIN RE INVESTORS, LLC AFFECTING ASSESSORS PARCEL NUMBERS: 9850028- 007 -1.3, 985 - 0028 -- 007 -14 985 -0054- 008 -02, 985 -0054 -010 985- 0075 -0075 985- 0075- 0143 985- 0075 -0159 985 - 0075 -016 985- 0076- 002 -025 985 - 00760039 9850076 -0049 9850076- 005,985 - 0076 -006 . 985- 0086 -0089 985 -0086 -009, 985- 0086 -0109 AND 985 - 0086 -011 DUBLIN, CA THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Government Code 27361.6) GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Braddock & Logan Group II, LP, a California Limited Partnership, and Dublin RE Investors, LLC, California Limited Liability Company (GRANTOR) hereby GRANTS to Fallon Village Geologic Hazard Abatement District (GHAD), a political subdivision of California (GRANTEE) The following described property in the City of Dublin, County of AIameda, State of California: THAT LAND DESCRIBED IN EXHIBIT `A' ATTACHED HERETO AND MADE A PART HEAROF. The purpose of this Grant is for GHAD to perform its duties as described in the GHAD Plan of Control. GRANTOR: Braddock & Logan Group II, LP a California limited partnership By: Its General Partner Dublin RE Investors, LLC a California limited liability company By: Its Managing Member Typed or Printed Name Typed or Printed Name Page I APNs: As Listed Grant Deed ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validit y of that document. State of California County of Contra Costa On r before me, Nancy E. Embrey, Notary Public (insert name and title of the officer) personally appeared Jeff Lawrence who 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,.. f, helthey executed the same in 'S slher /their authorized capacity(ies), and that by,Yi S /herltheirsignature(s) on the instrument the person'W, or the entity upon behalf of which the person(s)" acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature y (Seal) NANCY E. EMBREY_ Commission # 2032556 Notary Public - California z Contra Costa County n My Comm. Expires Au 1.2017 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa On before me, Nancy E. Embrey, Notary Public (insert name and title of the officer) personally appeared Jeff Lawrence who proved to me on the basis of satisfactory evidence to be the person,(-S) whose name(s)ts /are subscribed to the within instrument and acknowledged to me that,h6 /shelthey executed the same in is/her/their authorized capacity(ies), and that by�.his /herftheir signature(s) on the instrument the persoR(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature X (Seal) NANCY E. EMBREY, Commission # 2032558 NotaN Puhlla - California z Contra Costa County M Comm. x lrss Aug 1,/201.7 i 19319.010 6/24/2015 Page I of I 03-1_ � DESCRIPTION ALL THOSE CERTAIN PARCELS OF REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, ALAMEDA COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 18, AS SHOWN ON TRACT 7281, RECORDED IN BOOK 277 OR MAPS, AT PAGES 82 THROUGH 88, ALAMEDA COUNTY RECORDS, EXCEPTING THE PORTION DEDICATED TO THE CITY OF DUBLIN AS DESCRIBED IN DOCUMENT NUMBER 2007 - 168692, ALAMEDA COUNTY RECORDS; , PARCEL 2 AS DESCRIBED IN DOCUMENT NUMBER 2010 - 268179, ALAMEDA COUNTY RECORDS; PARCELS J, K AND J -1, AS SHOWN ON TRACT 7854, RECORDED IN BOOK 303 OF MAPS, AT PAGES 6 THROUGH 15, ALAMEDA COUNTY RECORDS; PARCEL L, AS SHOWN ON TRACT 7855, RECORDED IN BOOK 305 OF MAPS, AT PAGES 97 THROUGH 107, ALAMEDA COUNTY RECORDS; PARCEL A, AS DESCRIBED IN LOT LINE ADJUSTMENT LLA- 12 -05, RECORDED AS DOCUMENTNUMBER 2012 - 417383, ALAMEDA COUNTY RECORDS; PARCEL B, AS DESCRIBED IN LOT LINE ADJUSTMENT LLA- I2 -05, RECORDED AS DOCUMENT NUMBER 2012- 417384, ALAMEDA COUNTY RECORDS; GHAD PARCEL I AND GHAD PARCEL 2, AS SHOWN ON PARCEL MAP 10049, RECORDED IN BOOK 318 OF PARCEL MAPS, AT PAGES 1 THROUGH 8, ALAMEDA COUNTY RECORDS; APN'S 985- 0054 - 008 -02, 985- 0054 -010, 985 - 0076 - 002 -02, 985 -0076 -003, 985-0076-004,985-0076-005, 985 -0076 -006, 985 -0075 -007, 985 - 0075 -014, 985 - 0075 -015, 985- 0075 -016, 985 - 0028 - 007 -13, 985 -0028- 007-14,985-0086-008,985-0086-009, 985 - 0086 -010 AND 985 - 0086 -011 IAN MACDO bALD LICENSED L (EXP 12/31/I STATE OF C END OF DESCRIPTION K'1�0111G� fNO- 8817 VEYOR NO. 8817 MACKAY&SOMPS CK FNGINPFRINGOLAND PLANNING* LAND SURVEYING 6142 Franldln DiW Suite 13. Pleasanton, CA. 94688 -3356 (925) 225 -0690 P; 119319UegalskUHAD DEDICATION B &L.doc &,, z4 , s' DATE RECORDING REQUESTED BY: Fallon Village Geologic Hazard Abatement District (GHAD) No fee for recording pursuant to Government Code Section 273 83 WHEN RECORDED MAIL TO: CITY OF D UITLIN Attu: GHAD Clerk 100 Civic Plaza Dublin, CA 94568 THIS SPACE FOR RECORDER'S USE ONLY GRANT DEED BR.ADDOCK & LOGAN GROUP II, L.P. AFFECTING ASSESSORS PARCEL NUMBERS: 985- 0073 - 001 -02 AND 985 - 0101 -001 DUBLIN, CA THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Government Code 27361.6) GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Braddock & Logan Group 11, LP, a California Limited Partnership, (GRANTOR) hereby GRANTS to Fallon Village Geologic Hazard Abatement District (GRAD), a political subdivision of California (GRANTEE) The following described property in the City of Dublin, County of Alameda, State of California: THAT LAND DESCRIBED IN EXHIBIT `A' ATTACHED HERETO AND MADE A PART HEAROF. The purpose of this Grant is for GRAD to perform its duties as described in the GHAD Plan of Control. GRANTOR: Braddock & Logan Group H, LP a California limited partnership By: Its General Partner By _- 1 H Typed or Printe Name Title Date Page I APNs: As Listed Gant Deed ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa On before me, Nancy E. Embrey, Notary Public (insert name and title of the officer) personally appeared Jeff Lawrence who proved to me on the basis of satisfactory evidence to be the person(s)'whose name(a) glare subscribed to the within instrument and acknowledged to me that hp /she/they executed the same in fijslherltheir authorized capacity(aes), and that by: its /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)" acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NANCY E. EI REY Commission # 2032558 WITNESS my hand and official seal a OMYComm. Notary Public - California Contra Costa County Expires Aug 1 „2017 (Seal) Signature 19319.010 2/10/2015 Page 1 of I EXHIBIT A DESCRIPTION ALL THOSE CERTAIN PARCELS OF REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, ALAMEDA COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL, A, AS SHOWN ON TRACT 7853, RECORDED IN BOOK 303 OF MAPS, AT PAGES 1 THROUGH 5, ALAMEDA COUNTY RECORDS, EXCEPTING THE PORTION DEDICATED TO THE CITY OF DUBLIN AS DESCRIBED IN DOCUMENT NUMBER 2011- 367545, ALAMEDA COUNTY RECORDS; PARCEL A, AS SHOWN ON TRACT 8105, RECORDED IN BOOK 323 OF MAPS, AT PAGES I I THROUGH 16, ALAMEDA COUNTY RECORDS EXCEPTING THERE FROM THE AREA DEDICATED TO THE CITY OF DUBLIN AS PARCEL 1 AS DESCRIBED IN SERIES NUMBER 2011367545, ALAMEDA COUNTY RECORDS APN'S 985- 0073 - 001 -02 AND 985 -0101 -001 END OF DESCRIPTION PREPARED BY NL L I Q�CE UM c oel� IAN MACDONAL V No, 8817 LICENSED LAND SURVEYOR NO. 8817 * a� (EXP 12/31/15) STATE OF CALIFORNIA q OF CAL1F��,� MACKAY&SOMPS CML ENGINP�RING+ LAND PLANNING I Loh! D SLIR\1E)1NG 5142 FranVri Drive Sutte E3, Pleasanton, CA, 94588 -3355 [925) 225 -0690 P A1931911agatslGHADDEDICATIONB &L B,doc DA RECORDING REQUESTED BY: Fallon Village Geologic Hazard Abatement District (GHAD) No fee for recording pursuant to Government Code Section 27383 WHEN RECORDED MAIL TO: CITY OF D UBLIN Atbt: GHAD Clerk 100 Civic PIaza Dublin, CA 94568 THIS SPACE FOR RECORDER'S USE ONLY GRANT DEED DUBLIN RE INVESTORS, LLC AFFECTING ASSESSORS PARCEL NUMBERS: 985 -0086 -015 DUBLIN, CA THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Government Code 27361.6) GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Dublin RE Investors, LLC, California Limited Liability Company (GRANTOR) hereby GRANTS to Fallon Village Geologic Hazard Abatement District (GRAD), a political subdivision of California (GRANTEE) The following described property in the City of Dublin, County of Alameda, State of California: THAT LAND DESCRIBED IN EXHIBIT `A' ATTACHED HERETO AND MADE A PART HEAROF. The purpose of this Grant is for GHAD to perform its duties as described in the GRAD Plan of Control. GRANTOR: Dublin RE Investors, LLC a California limited liability company By: Its Managing Member Typed or Printed Name Title . `_j - Date " Page 1 APNs: As Listed Grant Deed ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa On M' << before me, Nancy E. Embrey, Notary Public (insert name and title of the officer) personally appeared Jeff Lawrence who proved to me on the basis of satisfactory evidence to be the person(8 whose name(s)'.js /are- subscribed to the within instrument and acknowledged to me that � b /she /they executed the same in lyis /ha/their authorized capacity(ies), and that by bis /her /their signature(s) on the instrument the person,(s), or the entity upon behalf of which the person(s) "acted, executed the instrument. certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NA C E. EMBREY WITNESS my hand and official seal. ,* Commission # 2032556 IL Notary Public - California z z Contra Costa County My Comm. Expires Aug 1, 2017 Signature �� "' (Seal) 19319.010 2/2/2015 Page I of 1 EXHIBIT A DESCRIPTION ALL THAT REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, ALAMEDA COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A, AS SHOWN ON TRACT 8108, RECORDED IN BOOK 323 OF MAPS, AT PAGES 58 THROUGH 67, ALAMEDA COUNTY RECORDS; APN 985 - 0086 -015 END OF, DESCRIPTION PREPARED BY � AL L4Np sG IAM MACDON LD No. 8817 :)u LICENSED LAND SURVEYOR NO. 8817 (EXP 12/31/15) (p STATE OF CALIFORNIA 9�0 hALiFO�� MACKAY&SOMPS CML ENGINPFRJNG6LAND PLAT NINGOL ND SURVE11nIG 5142 Franklin Drive &flto B, Pleasanton, CA. 94588 -3355 (925) 225 -0690 PA193191degaislGHAD DEDICATION HORTON.doc z�A03- DATE RECORDING REQUESTED BY: Fallon Village Geologic Hazard Abatement District (GHAD) No fee for recording pursuant to Government Code Section 27383 WHEN RECORDED MAIL TO: CITY OF D UBLIN Attic: GHAD Clerk 100 Civic Plaza Dublin, CA 94568 THIS SPACE FOR RECORDER'S USE ONLY GRANT DEED DUBLIN RE INVESTORS, LLC AFFECTING ASSESSORS PARCEL NUMBERS: 955 - 0109 -001 DUBLIN, CA THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Government Code 27361.6) GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Dublin RE Investors, LLC, California Limited Liability Company (GRANTOR) hereby GRANTS to Fallon Village Geologic Hazard Abatement District (GHAD), a political subdivision of California (GRANTEE) The following described property in the City of Dublin, County of Alameda, State of California: THAT LAND DESCRIBED IN EXHIBIT `A' ATTACHED HERETO AND MADE A PART HE, AROF. The purpose of this Grant is for GRAD to perform its duties as described in the GRAD Plan of Control. GRANTOR: Dublin RE Investors, LLC a California limited liability company By: Its Managing Member Typed or Printed Name Title Date Page 1 APNs: As Listed Grant Deed ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa On � +: before me, Nancy E. Embrey, Notary Public (insert name and title of the officer) personally appeared Jeff Lawrence who proved to me on the basis of satisfactory evidence to be the person (s) whose name(s) s/are- subscribed to the within instrument and acknowledged to me that ti6 /shelthey executed the same in #pis /herltheir 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NANCY E. EMBREY. WITNESS my hand and official seal. ? P., Commission # 2032558 Notary Public - Callfornla z Contra Costa county a My Comm. fx ires Aug 1, 2017 � tr, Signature r X (Seal) .19319.010 2/2/2015 Page 1 of 1 EXHIBIT A DESCRIPTION ALL THAT REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, ALAMLDA COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A, AS SHOWN ON TRACT 8109, RECORDED IN BOOK 323 OF MAPS, AT PAGES 84 THROUGH 89, ALAMEDA COUNTY RECORDS; APN 985- 0109 -001 END OF DESCRIPTION PREPARED BY AL NOS N0. 8817 IAN MACDON * DATE LICENSED LAND SURVEYOR NO. 8817 (EXP 12/31/15) STATE OF CALIFORNIA tV MACKAY &SOMPS CIVIL �NGINEPRING• LAND PLANNING' LAND SURW VG 5142 Franklin Drive Suite B, Pleasanton, CA. 94588 -3355 (925) 225 -0690 P.U9319Vcga]s1GItAD DEDICATION KB.dw IMPROVEMENT AGREEMENT BIOCELL #4, LOT A OF TRACT 8109 This agreement is made and entered into this day of , 2015, by and between the Fallon Village Geological Hazard Abatement District ( "GHAD ") and , a ( "Developer "). RECITALS WHEREAS, it has been determined by the GHAD Board of Directors that Developer, desires to install the improvements regarding the conversion of a detention basin to a stormwater treatment basin on Lot A of Tract 8109 (the "Improvements "). The Improvements are generally described in the "Scope of Work for Biocell #4, Tract 8109" attached hereto as Exhibit A. The Improvements are required by those certain plans for said development entitled; and now on file in the office of the Dublin City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; and WHEREAS, Developer intends to satisfactorily complete the Improvements within the time hereinafter specified, and GHAD intends to accept Developer's offer(s) of dedication of the Improvements in consideration for Developer's satisfactory performance of the terms and conditions of this Agreement; and WHEREAS, GHAD has determined that the portion of the Improvements that will be accepted by GHAD are a public works subject to California prevailing wage requirements: NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: 1. Completion Time. Developer will commence construction of the Improvements within thirty (30) days following the date on which the City of Dublin issues a sitework or grading permit for the Improvements. Developer shall complete said work not later than one year following said date. Time is of the essence in this Agreement. Upon completion, Developer shall furnish GHAD with a complete and reproducible set of final Record Drawings of the Improvements, including any modifications made during construction. 2. Estimated Cost of Improvements. DRAFT 2015 -01 -12 FV GHAD Improvement Agreement Page 1 The estimated cost of constructing the Improvements required by this Agreement is agreed to be as follows: Conversion of detention basin to stormwater treatment basin $175,000.00. Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. 3. Bonds Furnished. Concurrently with the execution of this Agreement, Developer shall furnish CHAD with the following security in a form satisfactory to CHAD: A. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred per cent (100 %) of the estimate set forth in Paragraph 2 and sufficient to assure GRAD that the Improvements will be satisfactorily completed. B. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one- hundred per cent (100 %) of the estimate set forth in Paragraph 2 and sufficient to assure CHAD that Developer's contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefore. GHAD shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform to the provisions of Chapter 5 of the Subdivision Map Act. 4. Insurance Required. Prior to commencing construction of the Improvements, Developer shall obtain or cause to be obtained and filed with CHAD, all insurance required under this paragraph prior to the commencement of work under this Agreement, Developer's general contractor shall obtain or cause to be obtained and filed with the District Manager or designee, all insurance required under this paragraph. Developer shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for Developer and Developer's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CHAD. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: DRAFT 2015 -01 -12 FV GHAD Improvement Agreement Page 2 1) Insurance Services Office form number GL 0002 (Ed. 1173) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ( "occurrence" form CG 0001.) 2) Insurance Services Office form number CA 0001 (Ed. 1178) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. Developer shall maintain limits no less than: 1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and Self - Insurance Retentions. Any deductibles or self - insured retentions must be declared to and approved by CHAD. At the option of CHAD, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects CHAD, its officers, officials and employees; or Developer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability Coverages. a) CHAD, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Developer; products and completed operations of Developer; premises owned, occupied or used by Developer; or automobiles owned, leased, hired or borrowed by Developer. The coverage shall contain no special limitations on the scope of the protection afforded to CHAD, its officers, officials, employees or volunteers. DRAFT 2015 -01 -12 FV GHAD Improvement Agreement Page 3 b) Developer's insurance coverage shall be primary insurance as respects GHAD, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by GHAD, its officers, officials, employees or volunteers shall be excess of the Developer's insurance aid shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to GHAD, its officers, officials, employees or volunteers. d) Developer's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2) Workers' Compensation and Employers „Liability Coverage. The insurer shall agree to waive all rights of subrogation against GHAD, its officers, officials, employees and volunteers for losses arising from work performed by Developer for GHAD. 3) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to GHAD. a) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than AM 1. b) Verification of Coverage. Developer shall furnish GHAD with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by GHAD before work commences. GHAD reserves the right to require complete, certified copies of all required insurance policies, at any time. c) Subcontractors. Developer and/or Developer's general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 5. Work Performance and Guarantee. DRAFT 2015 -01 -12 FV GHAD Improvement Agreement Rage 4 Except as otherwise expressly provided in this Agreement, and excepting only Items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, Developer guarantees all work executed by Developer and /or Developer's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to GHAD as a part of the work pursuant to this Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by GRAD. Developer shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one -year guarantee period without expense or charge of any nature whatsoever to GHAD. Developer further covenants and agrees that when defects in workmanship and materials actually appear during the one -year guarantee period, and have been corrected, the guarantee period for the defected items shall automatically be extended for an additional year from the date of the completion of the repair to insure that such defects have actually been corrected. In the event Developer shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, GHAD shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and Developer shall pay to GHAD on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, GHAD shall have the right to immediately repair, or cause to be repaired, such defect, and Developer shall pay to GHAD on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of GHAD. If GHAD, at its sole option, makes orcauses to be made the necessary repairs or replacements or performs the necessary work, Developer shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50 %) of such costs and expenses for overhead, and interest at the maximum rate of interest permitted by law, accruing thirty (30) days from the date of billing for such work or repairs. 6. Inspection of the Work. Developer shall guarantee free access to GHAD through its District Engineer and designated representative for the safe and convenient inspection of the work throughout its construction. Said GHAD representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by Developer and replaced to the satisfaction of GHAD without any expense to GHAD in strict accordance with the improvement plans and specifications. 7. Agreement Assignment. This Agreement shall not be assigned by Developer without the written consent of GHAD. DRAFT 2015 -01 -12 FV GHAD Improvement Agreement Page 5 8. Abandonment of Work. Neither Developer nor any of Developer's agents or contractors are or shall be considered to be agents of CHAD in connection with the performance of Developer's obligations under this Agreement. If Developer refuses or fails to obtain prosecution of the work, or any severable part thereof, or fails to complete such work within the time specified herein, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if Developer should be adjudged as bankrupt, or should make a general assignment for the benefit of Developer's creditors, or if a receiver should be appointed, or if Developer, or any of Developer's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the. GHAD through its District Engineer may serve written notice on Developer and Developer's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of Developer. In the event of any such notice of breach of this Agreement, Developer's surety shall have the duty to take over and complete the Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give GHAD written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to GHAD of such election, GHAD may take over the work and prosecute the same to completion, by contract or by any other method GHAD may deem advisable, for the account and at the expense of Developer and Developer's surety shall be liable to GHAD for any damages and /or reasonable and documented excess costs occasioned by GHAD thereby; and, in such event, GHAD, without liability for so doing, may take possession of, and utilize in completing the work, such materials appliances, plant and other property belonging to Developer as may be on the site of the work and necessary therefore. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to GHAD shall be addressed as follows: Fallon Village GHAD District Engineer 100 Civic Plaza Dublin, CA 94568 Notices required to be given to Developer shall be addressed as follows: Notices required to be given surety of Developer shall be addressed as follows: DRAFT 2015 -01 -12 FV GHAD Improvement Agreement Page 6 Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 9. Use of Improvements. At all times prior to the final acceptance of the work by CHAD, the use of any or all improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of Developer. 10. Safety Devices. Developer shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. Developer shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the Developer, and the entire site left clean and orderly. 11. Acceptance of Work. Upon notice of the completion of the Improvements and the delivery of a set of final as -built plans to GHAD by Developer, CHAD, through its District Engineer or designated representative, shall examine the Improvements without delay, and, if found to be in accordance with said plans and specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the estimated cost of the Improvements, shall accept the work and, upon such acceptance, shall notify Developer or his designated agents of such acceptance. CHAD shall release any and all security provided by Developer in the manner described in Section 66499.7 of the Subdivision Map Act. 12. Patent and Copyright Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, Developer shall be liable for, and shall indemnify GHAD from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. 13. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and DRAFT 2015 -01 -12 FV GHAD Improvement Agreement Page 7 consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. 14. Liability. A. Developer Primarily Liable. Developer hereby warrants that the design and construction of the Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. Developer agrees to indemnify, defend, release, and save harmless CHAD, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of Developer, its employees, agents, or independent contractors in connection with Developer's actions and obligations hereunder; provided as follows: 1) That GHAD does not, and shall not, waive any rights against Developer which it may have by reason of the aforesaid hold harmless agreement,, because of the acceptance by CHAD, or the deposit with GHAD by Developer, of any of the insurance policies described in Paragraph 4 hereof. 2) That the aforesaid hold harmless agreement by Developer shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not GRAD has prepared, supplied, or approved of plans and/or specifications for the Improvements, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. B. Desiqn Defect. If, in the opinion of GRAD, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by CHAD of the Improvements, Developer shall, upon order by CHAD, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to CHAD for the corrective work required. C. Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CHAD is the prevailing party, CHAD shall also be entitled to recover its attorney's fees and costs in any action against Developer's surety on the bonds provided under paragraph 3. 15. Recitals. The foregoing Recitals are true and correct and are made a part hereof. DRAFT 2015 -01 -12 FV GHAD Improvement Agreement Page 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. GHAD -3 District Manager ATTEST: District Clerk DEVELOPER 2374095.1 DRAFT 2015-01-12 FV GHAD Improvement Agreement Page 9 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa On T Nancy E. Embrey, Notary before Public me,, (insert name and title of the officer) personally appeared Jeff Lawrence who proved to me on the basis of satisfactory evidence to be the person(t) whose name,(s)`is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in hislher/their authorized capacity(ies), and that by His/her /their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NANCY E. EMBREY Commission # 2032558 WITNESS my hand and official seal. Q i =, Notary Public - California z S FP. Contra Costa County D My Comm. 6 lres Aug 1,/2017 Signature ? = - y; -; (Seal) 19514 -12E 06/01/2015 COST ESTIMATE FALLON VILLAGE - NEIGHBORHOOD E2 Conversion of Basin #4 from detention to SWQ Bfo- retention TRACT 8109 - CITY OF DUBLIN ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT A. BIO- RETENTION CELL FINISH WORK 1. 20,910 5F 2. 775 CY 3. 1,160 CY 4. 20,910 SF 5. 800 LF B. 1 LS 7. 20,910 SF NOTES Removal of sediment 1 Finish Grading 0.25 $5,228 Class 2 Rock material 18.00 13,950 Import Soil Mix 23.00 26,680 Geomat under rock 0.30 6,273 6" PVC Perforated Subdrain 10.00 8,000 Inlet structure and outlet structure at Bio -Cell #4 5,000.00 5,000 Finish Landscape, irrigation and mulch 4.50 94,095 ESTIMATED TOTAL CONSTRUCTION WORK: $159,226 CONTINGENCY (10 %): $15,923 ESTIMATED TOTAL WI CONTINGENCY: $175,148 I . This estimate is prepared as a guide only and is subject to possible change. It has been prepared to a standard of accuracy which, to the best of our knowledge and judgment, is sufficient to satisfy our understanding of the purposes of this estimate. MacKay & Somps makes no warranty, either expressed or implied, as to the accuracy of this estimate. 2. This estimate does not consider the following a. Land costs, acquisition of Right of Way, easements. b. Fees for assessment, fighting & landscaping, GRAD, Mello Roos districts or the like. c. Fencing d. Costs associated with offhaul of any excess dirt or materials. e. City fees. f. Phased construction or out of regular sequence construction. g. Costs associated with Endangered Species and Wildlife Conservation. h. Cost associated with Corps of Engineers, Fish and Game, Fish and Wildlife and Wetlands 3. Costs presented herein represent an opinion based on historical information. No provision has been made for inflation. Prepared by the firm of MACKAY & SOMPS 19514 -12E- 2015- 06- Ot- MDM- FallonVillage- NeighF2- SWQ- Basin#4- Conversion -Cost estimale.xlsm 1 of 1 INSC} INSURANCE: SERVICES, INC. Underwriting Manager for: 1C0 Developers Surety and Indemnity Company E d Indemnity Conipany of California 17771 Cowan, Suite 100 • Irvine, California 92614 • (800) 732 -1546 www.InscoDico.com SUBDIVISION IMPROVEMENTS PERFORMANCE BOND BOND NO. 7246905 $2,100,00 premium is for a term of two years) KNOW ALL MEN BY THESE PRESENTS: That we, Braddock & Logan Group II, LP , as Principal, and Developers Surety and Indemnity Company T , a corporation organized and doing business under and by vil-tue of the laws of the State of Iowa and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto the Fallon Village GHAD as Obligee, in the penal sum of One Hundred Seventy Five Thousand and 001100 ($ 175,000.00 * * * * ** ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally firmly by these presents, THE CONDITION OF THE OBLIGATION IS SUCH THAT: Whereas the Obligee and Principal have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, identified as Scope of Work for Biocel #4 Tract 8109 , is hereby referred to and made a pail hereof; and Whereas, said Principal is rewired under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now therefore, the condition of this obligations is such that if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their 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 Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the penal sum specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully enforcing Stich obligation, all to be taxed as costs and included in any judgement rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to tlse terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise af%ct its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the Principal and Surety above named on, August 3, 2015 - -- - -- PRINCIPAL: Braddock & Logan Group II, L.P. Josep4E. Raphel — President 117 -1092 (CA) Subdivision Pedbon,"ce nand (Rev. 01113) SURETY: Developers Surety and Indemnity Company 11-'� � L A 1A L K 4/1'0 Susan Long Attorney -in -Fact POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19125, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INCEMNfTY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby rrr * **Michael and ap 'nl: Michael D.. Mirsky, John V. Stock, Katherine D. Voss, Susan Long, jointly or severally * ** as than We and lavful Attofnay(s)4n -Fact, to mate, exeyoute, deliver and aokoWedge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety - sNp gi,fng and granting unto sa.,d Attorney(s}in•Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection then rMth as each of said corporations could do, but reserving to each of sald corporations full power of substitution and revocation, and all of the ads of slid Attomey(s }in -Fact, pursuant to these presents, are hereby ratified and confvmed. This Pvrrer of Attorney Is granted and is signed by fao4rule under and by authority of the fogueing resolutions adopted by the fes"' a Boards of Difectors of DEVELOPERS SURETY AND INDEMNRY COMPANY and INDEMLAITY COMPANY OF CALIFORNIA, offective as of January 1st, 2008. RESOLVED, that a combination of any Wo of the Chairman of the Board, the President, Executive. Vice- Pfesident, Senor Vice- President or any Vice President of the corporations be, and that each of there hereby is, authorized to execute this Poser of Attorney, qualifying the attorney(s) named In the Pont of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby Is, authorized to attest the execution of any such Powef of Attorney, RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Pruner of Attorney or to any certificate relat ng thereto by facsimile, and any such Power ofAttomey or certificate bearing such facsimile signatures shall be valid and banding upon the corporations when so affixed and in the future utth respect to any bond, undertaking of contract of surelyship to W ich it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMAIITY COMPANY and INOEMNITY COMPANY OF CALIFORNIA have severalty caused these presents to be signed by their respective officers and allested by their respective Secretary or Assistant Swalery this January 1st, 2008, AND; Daniel Young, Vice- President , yJ� 4A4i?RgT�Ei By:— s 3 - - - -- I s O Stephen T Pate, Senior Vioe- President s� k i 8 3 8 A, s+r o,�roty� •.�aa.J State ofC'0ornla County of Orange On _ -- August 131h, 2008_ before me, Jenny Tr Nguyen, Notary Public Dale Here Insert Name and Title of the Offices personalty appeared DaAel Young end Stephen T. Pate _ Name(s) of Signef(s) who proved to me on the basis of satsfsctory evidence to be the person(s) vrhose names) Ware subscribed to the vrithin Instrument and acknovr,edgad to me that helshelthey executed the same In hislherlthetf authorized capacity(ies), and that by NsAealheir signatures) on the urstrument the pefson(s), or the entity upon behalf of JENNY 17 NGUM vrhlc i the person(s) acted, executed the instrment. COMM. # 179160 NOTARY PUBLIC OALWOW I certify under PENALTY OF PERJURY under the lays of the State of 00fornia that the foregofng paragraph Is ORANGE COVRTY true and correct. My o4rrlrrl. words Fes_ .16�'�i� WITNESS my hand and official seal. Place Notary Seal Above Sgnature 6 J TT Ng Lary Pub"' CERTIFICATE The undersigned, as Secretary orAssistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certiy that the foregoing Pww of Attorney remains In full force and has not been revoked and, furthermore, that the proVslons of the resolutlons of the respective Boeds of Directors of saA corporations set forth In the Power of Attorney are In force as of the date of this Certifx;ate.. ' TNs Certificalets executed in the City of Irvine. California, this day of Zvl'S By: 4lem f t s tant Secretary 1D- 1380(Rev.11109) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Contra Costa On August 3, 2015 before me, Carole P. Lurie , Notary Public, Date Insert Name or Notary exactly as it appears on the official seal personally appeared Susan Long Name(s) of Signer(s) , who 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 behalf of which the person(s) CAROLS P. t URIE acted, executed the instrument. Commission # 1976656 '- Notary Public i Z , - California I certify under PENALTY OF PERJURY under the laws of Contra Costa County the State of California that the foregoing paragraph is true M Comm. Expires Apr 29, 2016 and correct. Witness my hand and officiat seal. ,i Signature _- Place Notary Seal Above Signature of Notary'Pubilc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer -- Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee OF ❑ Trustee OFSIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa j. On before me, personally appeared Joseph E. Raphe[ Nancy E. Embrey, Notary Public (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s)'whose name(s)-Ware. subscribed to the within instrument and acknowledged to me that fie /shefth-ey executed the same in his/her /their authorized capacity(tes), and that by_his /herftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) NANCY E. EMBREY, "' Commission # 2032558 7' Notary Public California zz . . Contra Costa County M Comm. Expires Au 1,2017 l m INSCO INSURANCE SERVICES, INC. Undenvriting Manager for: 'c:Q Developers Surety and Indemnity Company Indemnity Comparty of California 17771 Cowan, Suite 100 • Invine, California 92614 • (800) 782 -1546 %v%vw.lnscoBico.com SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND BOND N'O, 724690 PREMIUM INCLUDED IN PERFORMANCE BOND KNOW ALL Ml,-,N BY TI IESE PRESENTS: "Chat we, Braddock & Logan Group II, LP as Principal, and Developers Surety and Indemnity Company a corporation organized and doing business under and by virtue of the laws of the State of Iowa and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto the Fallon Village GHAD as Obligee, in the penal suns of One Hundred Seventy Five Thousand and 00 /1000 ($ 175,000.00 * ""' ) DOLLARS, for which payment, well and truly to be made, we find ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. T1lh CONDITION OF TI IE OBLIGAHON IS SUCII TI IAI-: Whereas, the above -named Principal, has entered into an agreement which is made a part of this bond, with the Fallon Village GHAD , State of California, as Obligee, for the designated public improvements in the subdivision identified as Scop of Work for Biocel #4, Tract 8109 as required by the Government Code of California, Whereas, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. Now, therefore, said principal and the undersigned, as surety, are held firm!), bound unto the Fallon Village GHAD and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California for material Fur- nished 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 penal stun hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the penal sum thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Fallon Village GHAD 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 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give 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 frill force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on August 3,_ 2015 PRtNICIPAL. Braddock & Logan Group II, L.P. SUR Y: Developers Sur ty and Indemnity Company ✓ 21'f `i: ,ems JOsepUv E. Raphe4 - President Sus-a 1-6n5 Attorney-Iii-Fact ID4093 (CA) Sulalivision Labor and Material itond (REV. 02115) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Sox 19y25, IRVINE, CA 92623 (949) 263 -3300 KNOWALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INOEIANITY COMPANY OF CALIFORNIA, do each bareby make, constitute and appoint ** *Michael D. Mirsky, John V. Stock, Katherine D. Voss, Susan long, jointly or severally * ** as thNr true and iaavful Aftorney(s)An -Fad, to make, execute, deliver and acknoy4edge, for and on behalf of said corpwations, as sureties, bonds, undertakings and contracts of surety- sNp giving and granting unto sa'd Aitwney(s }ln•Fact full pouter and authority to do and to perform every act necessary, requisite or proper to be done in correction tharei0th as each of said corporations could do, but reserving to each of said corporations ful paver of substitution and revocation, and all of the ads of said Aftwnay(s }In -Fad, pursuant to these presents, are hereby ratified and confirmed. This Pa-ver of Atorney Is granted and Is signed by facs'Wle under and by aulho* of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and iNDEMNITY COMPANY OF CALIFORNIA, effective as of January is[, 2008, RESOLVED, that a combination of any Mo of tha Chairman of the Board, the President, Exeeutva.V e-Presldent, Senor Mce- President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this ftver ofAttwney, qualifying the attomay(s) named in the Pov.w of Atomey to execute, on behalf of the mrpofations, bonds, undertakings and contracts of suretyship; and that the Secretary of any Assistant Sewetary of either of tha corporations be, and each of them hereby Is,aulhorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power ofAttomey or to any certificate relating thereto by facsimile, and any such Powaf ofAltomey or certificate beaing such facstmile gnatures shall be valid and b, ding upon the cwpwations vrfmen so affixed and In the fu -cure ivilh respect to any bond, undertaking or contract of surolyship to wtmlch it Is attached. IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty caused these presents 10 be sgned by their respective off..rs and attested by their respective Secretary or Assistant Secretary this January 1st, 2008, personasy appeared Daniel Young and Stephen T. Pate _ Name(s) of Signor(s) v,'ho pfoved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the vrilhin Instrument and acknovPedged to me that helsheNfey executed the same In hlslherRheir authorized eapadly[ws), and that by hfslfieolhek slgnatwe(s) on the instrument the pefson(s), or the entity upon behOof JENNY TT NGUM i*ch the persons) acted, exaculed.the Instrument COMM. # 17`1060 NOTARY PUT IG GAL POW l certify under PENALTY OF PERJURY under the lmvs of the State of California that the foregoing paragraph Is 0RW R COMM"'* We and correct. My comm. expires F* I WITNESS my hand and official seal. Place Notary Sea] Above Signature rtawyPOl7c J TT Ng n ~ CERTIFICATE The undersigned, as Secretary orAsslstant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the forNON Paver of Attorney remains in full face and has not been revaced and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Potter of Attorney are In force as of the data of this Cq- Micaate.. This Certificate Is executed in the Cily of Irvine, California, this3 VC ' day of B': )/, �r regg Okur , istartSecretary ID- i380(Rev,110) AND �¢ p YQ�' Daniel Young,'hce-Pres de-nl 3-�; 4 901 y -` J- �pQ�kFp aR R w 4 �F. q z zU OCT, By: Stephen T. Pate, Senior Vice- President 1936 f= 1867 State of California County of Oranga On August 131h, 2308 before me, Jenny TT Nguyen, Notary Public Dale Here Insert Name and Tltie of the Officer personasy appeared Daniel Young and Stephen T. Pate _ Name(s) of Signor(s) v,'ho pfoved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the vrilhin Instrument and acknovPedged to me that helsheNfey executed the same In hlslherRheir authorized eapadly[ws), and that by hfslfieolhek slgnatwe(s) on the instrument the pefson(s), or the entity upon behOof JENNY TT NGUM i*ch the persons) acted, exaculed.the Instrument COMM. # 17`1060 NOTARY PUT IG GAL POW l certify under PENALTY OF PERJURY under the lmvs of the State of California that the foregoing paragraph Is 0RW R COMM"'* We and correct. My comm. expires F* I WITNESS my hand and official seal. Place Notary Sea] Above Signature rtawyPOl7c J TT Ng n ~ CERTIFICATE The undersigned, as Secretary orAsslstant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the forNON Paver of Attorney remains in full face and has not been revaced and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Potter of Attorney are In force as of the data of this Cq- Micaate.. This Certificate Is executed in the Cily of Irvine, California, this3 VC ' day of B': )/, �r regg Okur , istartSecretary ID- i380(Rev,110) CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Contra Costa On August 3, 2015 before me, Carole P. Lurie , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Susan Long Name(s) of Signer(s) who 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 hislherltheir 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) r.. CAROLS P. LURiE acted, executed the instrument. Commission # 1976656 °P`� Notary Public • California z [certify under PENALTY OF PERJURY under the laws of Z Contra Costa County n + the State of California that the foregoing paragraph is true M Comm. Expires A r29, 2016 and correct. Witness my hand and official seol. Signature, —� Place notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(tes) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer -- Title(s): ❑ Corporate Officer ---- Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact RIG HT THUM ; PRINT ❑ Attorney in Fact ❑ Trustee OF ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: j Signer is Representing: 3 Ii 3 Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa On before me, Nancy E. Embrey, Notary Public (insert name and title of the officer) personally appeared Joseph E. Raphel F who proved to me on the basis of satisfactory evidence to be the person (s)" whose name(s)`islare- subscribed to the within instrument and acknowledged to me that,he /she/tbey executed the same in his /her /their authorized capacity(ies), and that byfis /heratheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea[. Signature (Seal) NA Y E. EMBREY F # 2432558 a Notify Public- Calilornla Z .►._. Contra Costa County My Comm. EX Tres Aug 1,2011 278072 A� �® DATE 13 /20D1YYY1j CERTIFICATE OF LIABILITY INSURANCE 8/3/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy((es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Construction & Real Estate Practice Wells Fargo Insurance Services USA, Inc. - CA Lic#: OD08408 CONTACT NAME: PHONE IFAX (86S) 358 -1487 C o E AIC No EMAIL wellsfar o.com ADDRESS: CertRequests@%-ielisfargo.com INSURERS AFFORDING COVERAGE NA1C p 959 Skyway Rd., 2nd FI INSURER A: Travelers Property Casualty lnsuranco Company 36161 San Carlos, CA 94070 INSURED INSURER B EACH OCCURRFNr-E INSURERC: Braddock & Logan Services, Inc. INSURER 0, 4155 Blackhawk Plaza Circle, INSURER E: Suite #201 INSURER F, Danville, CA 94506 COVERAGES CERTIFICATE NUMBER: 9414529 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIL) CLAIMS. INSR LTR TYPE OF INSURANCE INSO BR POLICYNUMBER F.U.UDDIYEYYY POLICY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIPAS MAVF � OCCUR X Y630110D7723TIL15 4!112015 4/1/2016 EACH OCCURRFNr-E S >� DA GE PRbI ESV .Eoccurre re) $ 100,006 MEP EXP (Any one person) S 6,000 PERSONAL & ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PEW GENERALAGGRFGATF $ 2 =000.000 POLICY❑ JPERCOT- LOC PRODUCTS - COMWOPAGG $ 2 =000.0w $ OTHER: A AUTOMOBILE LIABILITY Y63011OD7723TIL15 4/1/2015 4/1/2016 C.03a��SItSGLE LIMIT $ 1000 000 BODILY INJURY (Per person) $ AN AUTO BODILY INJURY (Par accident) $ ALL OIANED SCHEDULED AUTOS AUTOS PROPERTY OAP,4AGE Peracddent $ NON -01ASN ED X HIRED AUTOS X AUTOS $ UMBRELLA UAB HCLASMS4,iADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LtA6 IDEOTJ RETENTfO,N$ S WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETCWARTNER- FXECUTIVE PER STATUTE OERH ELL EACH ACCIDENT S OFFICERRAEMBER EXCLUDED? El (Mandatory In NH) Nf A E.L. DISEASE -E1 EMPLOYE S I E.L. DISEASE - POLICYLUAIT $ Ues, describe under SCRIPTIONOF OPERATIONS bslaff DESCRIPTION OF OPERATIONS) LOCATIONS /VEHICLES (ACORD 4 01, Additional Remarks Schedule, may be attached if more space Is required) CA T3 53 03 10,CG D4 11 04 08 Re: Biocell #4, Lot A of Tract 8109 - Fallon Village. CHAD, Its officers, agents, officials, employees and volunteers is named as additional insured as respects general liability and automobile liabilty per endorsements attached. CERTIFICATE HOLDER CANCELLATION Fallon Village GHAD District Engineer 100 Civic Plaza Dublin, CA 94568 ACORD 25 (2014101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD © 1988 -2014 ACORD CORPORATION. All rights reserved. COMMERCIAL AUTO - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE -- This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsemont and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -- GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -- LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who [s An Insured, of SECTION Il — LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and H. HIRED AUTO PHYSICAL DAMAGE -- LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE -- TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "Insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section IL C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION it -- LI- ABILITY COVERAGE: An "employee" of yours is an "Insured" while operating an "auto" hired or rented under a contract or agreement in that 'employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. CA T3 53 03 10 © 2016 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in 8.5., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSi- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- auto you lease, hire, rent or borrow from ered "autos" you own: any of your "employees ", partners (if you are a partnership), members (if you are a limited (1} Any covered "auto" you lease, hire, liability company) or members of their house- rent or barrow; and holds. (2) Any covered "auto" hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada: your business. (E} You must arrange to defend the "in- However, any "auto" that is leased, hired, However, cured" against, and investigate-or set- rented or borrowed with a driver is not a any such claim or suit and keep covered "auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED Lions. The following is added to Paragraph A.1., Who Is (11) Neither you nor any other Involved An Insured, of SECTION 11 -- LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any "employee" of yours Is an "insured" while us- (111) We may, at our discretion, participate Ing a covered "auto" you don't own, hire or borrow in defending the "Insured" against, or in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS (iv) We will reimburse the "insured" for 1. The following replaces Paragraph A.2.a.(2), sums that the "insured" legally must of SECTION Il — LIABILITY COVERAGE: pay as damages because of bodily injury" or "property damage" to which (2) Up to $3,000 for cost of ball bonds (in- this insurance applies, that the "in- cluding bonds for related - traffic -law, viola- sured" pays with our consent, but tions) required because of an "accident" only up to the limit described in Para - we cover. We do not have to furnish graph C., Limit Of Insurance, of SEC - these bonds. TION 11 — LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION 11— LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the "Insured" against any such cause of time off from work. "suit ", but only up to and included within the limit described in Para - F. HIRED AUTO - LIMITED WORLDWIDE COV- graph C., Limit Of Insurance, of ERAGE — INDEMNITY BASIS SECTION 11 — LIABILITY COVER - The following replaces Subparagraph (5) in Para- AGE, and not in addition to such limit, graph B.7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS: plicable limit of insurance in pay - (5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em- defense expenses. bargo, or similar regulation imposed by the (b) This insurance Is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 © 2010 The Travelers Indemnity company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, inc. Wth its permission. to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance In any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -- GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto` will apply to glass damage if the glass is repaired rather than - H. HIRED AUTO PHYSICAL DAMAGE -- LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident ". L PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT The following replaces the first sentence In Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph A.Q., Cover- age Extensions, of SECTION III -- PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured "; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto ". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally Inflated, We will pay up to a maximum of $1,000 for any one "loss ". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or 'loss" is known to: (a) You (if you are an Individual); (b) A partner or you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- gahization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". CA T3 53 03 10 Q 2094 The Travelers indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. Frith its permission. COMMERCIAL_ AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written .contract signed and executed prior to any "accident" or "loss ", provided that the "accident' or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL. ERRORS OR OMISSIONS The following is added to Paragraph 13.2,, Con- cealment, Misrepresentation, Or Fraud, of SECTION IV -- BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non - renewal. Page 4 of 4 @ 2010 The Travelers Indemnity Company. CA T3 53 03 10 includes copyrighted material of Insurance Services Office, Inc, with Its permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: Y63011OD7723TIL15 ISSUE DATE: 4/1/2015 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s): Fallon Village GRAD District Engineer 100 Civic Plaza Dublin, CA 34568 Section II -- Who Is An Insured is amended to include as an additional insured the person(s) or organizallon(s) shown in the Schedule, but only with respect to liability for "bodily- injury ", 'property damage ", "personal injury" or "advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or ranted to you. C.G D4 11 04 08 (D 2008 The Travelers "Companies, Inc. page 1 of 1 Includes the copyrighted material of Insurance 8arvices WOW, Inc. with its permisslon. ACOR1 0 CERTIFICATE OF LIABILITY INSURANCE F UATE(P.tP.V °DIYYYY] 713-112015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAR9E: Stacey Moon BB &T - Tanner Insurance Services 4480 Willow Road Pleasanton CA 94588 PHONE E _ -2 2 NC No): 3 W=Q-J_U5 fAIG, No. E -MAIL ADDRESS IUSURER(Si AFFORDING COVERAGE NAIC4 .Travelers PropeU Casualty Co of A 25674 EACH OCCURRENCE INSURED 307BRADDLOG INSURER 13: COMMERCIAL GENERAL LIABILITY INSURER C: Braddock and Logan Services Inc. Dan Fake P.O. Box 5300 INSURER D: DAMAGE TO RENTED PREMISES (Ea occurrence S Danville CA 94526 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 80777984 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TFRM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OE INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF MFVDD POLICY EXP €.IMroD LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence S CLAIMS -MADE ❑ OCCUR VED FXP (Arty ono person) S PERSONAL & ADV ENJURY 5 GFNFRALAGGREGATE 5 GEML AGGREGATE LINUT APPLIES PER: PRODUCTS - COMPIOPAGO 5 $ POLICY PRO- LOC AUTOMOBILE LIABILITY I Ea aardenl BODILY INJURY (Per person) S ANY AUTO ALLO+A'NED SCHEDULED AUTOS BODILY INJURY (Per accicient) S PROPERTY DAMAGE Peraccdent $ NON-OWNED HIREDAUTOS AUTOS S UMBRELLALIAB HCLAIP.IS-M.DE OCCUR EACH OCCURRENCE S AGGREGATE 5 EXCESS LIAB DFD RF7FNTIONS 5 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN y U81D850754 6/1/2015 6/1/2016 X "r— STATU- OTH- ANY PROPRIETORIPARTNERIEXECUTNE❑ E.L. EACH ACCI DENT $1,000,000 OFFICERR.4EMBER EXCLUDED'! NIA E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory In NH) It pes, describe under 0ESCRIPTION OF OPERATIONS beVo E.L. DISEASE - POLICY LIMIT 51,000,CCO DESCRIPTION OF OPERATIONS [LOCATIONS /VEHICLES (Attach ACORD tot, Additional Remarks Schedule, €f more space is required) Evidence of Insurance. Waiver of Subrogation applies to workers compensation if required by written contract per the attached endorsement. "The attached forms apply as required per written contract or written agreement between the listed parties and the insured, which are subject to the policy provisions. In the absence of such written contract or written agreement the attached forms may not be applicable' See Attached... CERTIFICATE HOLDER CANCELLATION Fallon Village GHAD District Engineer 100 Civic Plaza Dublin CA 94568 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 307BRADDLOG LOG 9: '4� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED BB &T - Tanner Insurance Services Braddock and Logan Services Inc. Clan Fake P.O. Box 5300 POLICY NUMBER Danville CA 99526 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE RE: Blocell #4, Lot A of Tract 8109 — Fallon Village Named Insured includes: Braddock & Logan Services Group Il, LP ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TRAVEL ERS� WORKERS COMPENSATION R 1® AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) — POLICY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated_ (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement. Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: - - ST ASSIGN: Page 1 of 1