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Home My WebLink About011-96r-', RESOLUTION NO. 11-96 APPROVING THE SUBDIVISION MAP AND IMPROVEMENT AGREEMENT FOR SUBDIVISION 7876 TASSAJARA R/DGE - UNIT I WHEREAS, Tassajara Investors, Inc., a California Corporation ("Subdivider") is the Subdivider of said subdivision; and WHEREAS, Subdivider has requested Town Council to approve said Subdivision Map and Subdivision Improvement Agreement; and WHEREAS, the Subdivision Map and Subdivision Improvement Agreement comply with standards set forth in the California Subdivision Map Act and Danville Town Ordinances; and WHEREAS, Subdivider has now complied with all Conditions of Approval established by the Town Council for the subject subdivision; and WHEREAS, the vacation of Lawrence Road requires approval of a Quitclaim deed; and WHEREAS, this Subdivision lies within the corporate limits of the Town of Danville; now, therefore, be it RESOLVED, by the Town Council of the Town of Danville that this Subdivision Map and Subdivision Improvement Agreement are hereby determined to be consistent with the Town's General and Specific Plans; and, be it FURTHER RESOLVED, that the Subdivision Map and Subdivision Improvement Agreement appended hereto as Exhibits "1" and "2" respectively and the Lawrence Road Quitclaim deed, are hereby approved and the town staff are hereby authorized and directed to execute the same on behalf of the Town APPROVED by the Danville Town Council at a Regular Meeting on February 6, 1996, by the following vote: AYES: Greenberg, NOES: None ABSTAINED: None ABSENT: None Shimansky, Arnerich, Doyle, Waldo MAYOR CITY ATTORNEY ATTEST: CITY CLERK ~-.% !if,!' ,,, ,i,I i~ e~ 8~b i 8. 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SUBDIVISION IMPROVEMENT AGREEMENT Subdivision Name: SUBDIVISION 7876, TASSAJARA RIDGE, UNIT ! Council Action: February 6, 1996 Completion Date: February 6, 1998 THE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: TOWN OF DANVILLE SUBDIVIDER: (Name and Title) Tassajara Investors, Inc., a California Corporation by Alan R. Pinn, President Steven Lake City Engineer R.C.E. 31870 Expires 12/31/96 by Toni Pinn, Secretary Address: 1475 Saratoga Ave., #250, San Jose, CA 95129 Phone: (408) 252-9131 (NOTE: All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code section 313.) ************************************************************************* (This area for official notary flags. All Subdivider signatures must be properly notarized in' accordance with Civil Code section 1180. The name and titles of the people signing the documents must be listed on the notary flag.) ************************************************************************* Subdvis/on 7876, Un# I Improvement Agreement I of 8 1. PARTIES & DATE. Effective on the date of Council action, the Town of Danville, County of Contra Costa, California, hereinafter called "Town." and the named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS (ON-SITE AND OFF-SITE). The subdivider shall comply with all Conditions of Approval established by the Town Planning Commission and shall construct and install those on-site improvements identified on improvement plans prepared by the Subdivider, approved by the City Engineer on 1/12/96 and kept on file in the Town offices of Development Services. The general nature and description of the work and improvements to be constructed and installed are as follows: Street paving. curb & gutter, sidewalk. storm drains, sewer, water, utilities. street lights. landscaping. street name and stop signs. and a traffic signal at Camino Tassajara and Jasmine Way and all related appurtenances. Subdivider shall construct and install those improvements off-site of the subdivision identified as follows (improvement plans are being designed for these off-site improvements, but are not yet finalized): a. 12" water main in Lawrence Road from approximately station 12+00 to station 43+00, and within the entire length of Hidden Hills Place, including all valves, connections, fire hydrants and all related appurtenances. b. 8" water main in the entire length of Culet Land and those private roads easterly of Lawrence Road at stations 29+25 and 34+65, including all valves, connections, fire hydrants and all related appurtenances. c. 8" sanitary sewer main in Lawrence Road from station 12+00 to station 43+00, including manholes, laterals and all related appurtenances. d. 8" sanitary sewer main the entire lengths of Culet Lane, Hidden Hills Place and those private roads easterly of Lawrence Road at stations 29+25 and 34+65, including manholes, laterals and all related appurtenances. e. 6" sanitary sewer force main in Lawrence Road from the intersection of Squirrel Ridge Drive & Jasmine Way to the pump station at approximately station 43+00, including all connections and related appurtenances. Subdvis/on 7876, Unit I Improvement Agreement 2 of 8 f. Storm drain facilities in Lawrence Road from station 12+00 to the outfall at station 45+30 or to such location to be determined per a drainage study by subdivider, to be reviewed and approved by the City Engineer (consisting of pipes of varying sizes, manholes, inlets, outlet and all related appurtenances). g. Asphalt concrete overlay of Lawrence Road from station 12+00 to station 43+00. h. One sanitary sewer pump station adjacent to Lawrence Road at approximately station 43+00, including wet well, pumps, panels, fencing and all related appurtenances. i. Payment of all fees and charges associated with the approval and construction of the off-site improvements including design, staking, processing, as well as public agency design, review and inspection fees. Subdivider shall complete said work and improvements (hereinafter called "work") within the above completion period from date hereof as required by the California Subdivision Map Act (Government Code section 66410 and following), in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the Town Municipal Code and rulings made thereunder; and where there is a conflict between the improvement plans and the Town Municipal Code, the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement, the Subdivider shall, pursuant to Government Code section 66499, and the Town Municipal Code, provide as security to the Town: A. For Performance and Guarantee of on-site improvements: $ 5,000.00 cash, plus additional security, in the amount of $ 895.000.00 which together total $ 900,000.00 which is one hundred percent (100%) of the estimated cost of the work. Such additional security is presented in the form of: Cash, Certified Check, Cashier's Check or Certificate of Deposit. Acceptable Corporate Surety Bond. Acceptable Irrevocable Letter of Credit. Subdvision 7876, Unit I Improvement Agreement 3 of 8 With this security, the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Performance and Guarantee of landscape and wall improvements: Security in the amount of $ 220.000.00. Such security is presented in the form of: Cash, Certified Check, Cashier's Check or Certificate of Deposit Acceptable Corporate Surety Bond Acceptable Irrevocable Letter of Credit C. For payment: Security in the amount of $ 560.000.00 of which is fifty percent (50%) of the estimated cost of the work for the on-site, landscape and wall improvements. Such security is presented in the form of: Cash, Certified Check, Cashier's Check or Certificate of Deposit Acceptable Corporate Surety Bond Acceptable Irrevocable Letter of Credit With this security, the Subdivider guarantees payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. D. For Performance and Guarantee of off-site improvements: Security in the amount of $ 2.305.000.00. Such security is presented in the form of an "AGREEMENT FOR OFFSITE IMPROVEMENTS", attached hereto. E. For legal costs: Security in the amount of $10,000.00. Such security is presented in the form of: Cash, Certified Check, Cashier's Check or Certificate of Deposit Acceptable Corporate Surety Bond Acceptable Irrevocable Letter of Credit With this security, the Subdivider guarantees payment to the Town of Danville for legal and other costs associated with enforcing this subdivision agreement Subdvision 7876, Unit I Improvement Agreement 4 of 8 or in compelling performance or recovering the security under this agreement. E. Upon acceptance of the work as complete by the Town Council and upon request of the Subdivider, the amount of the improvement securities may be reduced in accordance with Section 31-11.16 a. of the Municipal Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one (1) year from and after the Town Council accepts the work as complete in accordance with Section 31-11.16 of the Municipal Code. Subdivider agrees to correct, repair, or replace, at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the Town street system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform plant establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants, doing weed, rodent and other pest control and other work determined by the City Engineer to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one (1) year from and after the Town Council accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Town Council accepts the work as complete or during the one year guarantee period, said improvement plans prove to be inadequate in any respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised, Subdvision 7876, Unit I Improvement Agreement 5 of 8 7. NO WAIVER BY TOWN. Inspection of the work and/or materials, or approval of work and/or materials or statement by any officer, agent or employee of the Town indicating the work or any part thereof complies with the requirements of this Agreement or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed; nor shall the Town be thereby stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY. Subdivider shall defend, hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are the Town and its elective and appointive boards, commissions, officers, agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the Town reviewed said improvement plans or accepted the work as complete, and including the defense of any suit(s), action(s) or other proceeding(s) concerning said liabilities and claims. C. The actions causing liability are any act or omission (negligent or non-negligent) in connection with the matters covered by this Agreement and attributable to the Subdivider, Contractor, Subcontractor or any officer, agent or employee of one or more of them. D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepared, supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity. Subdvision 7876, Unit I Improvement Agreement 6 of 8 9. COSTS. Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the City Engineer. 11. NON-PERFORMANCE AND COSTS. If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the Town may proceed to complete and/or maintain the work by contract or otherwise, and Subdivider agrees to pay all costs and charges incurred by the Town (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. Once action is taken by Town to complete or maintain the work, Subdivider agrees to pay all costs incurred by the Town, even if Subdivider subsequently completes the work. Should Town sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, Subdivider agrees to pay all attorney's fees, and all other expenses of litigation incurred by Town in connection therewith, even if Subdivider subsequently proceeds to complete the work. 12. AS-BUILT PLANS. Before acceptance of the improvements by the Town Council, the Subdivider (or his Engineer) shall furnish the City Engineer a complete set of the original tracings of the improvement plans for the subdivision (including all revisions thereto). 13. RECORD MAP. In consideration hereof, Town shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. Subdvision 7878, Unit I Improvement Agreement 7 of 8 Approved as to Form: City Attorney Date Attachments: Securities 1) Performance for on-site improvements ......................$895,000.00 2) Performance for landscape & wall ..........................$220,000.00 3) Labor & Materials .......................................$560,000.00 4) Agreement for off-site improvements .......................$2,305,000.00 5) Legal .......................................... $10,000.00 (cash) Subdivision 7876, Unit I Improvement Agreement 8 of 8 'nsc ico BOND NO: 190795S INITIAL PREMIUM: $16, ii0.00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, TASSAJARA INVESTORS, INC., A CALIFORNIA CORPORATION , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto TOWN OF DANVILLE 510 LA GONDA WAY, DANVILLE, CA 94526 as Obligee, in tile sum of EIGHT HUNDRED NINETY-FIVE THOUSAND AND NO/100 ($ 895,000.00 ..... ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of tile finill subdivision map of (Tract,~l~'~No. 7876 TASSAJARA RIDGE entered illto an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if tile above Principal shall well and truly perform said agreement or agreements during tile original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, tile seal and signature of said Principal is hereto affixed and the corporate seal and the name of tile said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at SAN JOSE California, this 28TH day of DECEMBER , 19 95 . "PRINCIPAL" TAS~~INVE STORS-c'xINC. "SURETY" DEVELOPERS INSURANCE COMPANY MATT DRUMRI Gl-~r, 1778{) Fitch Irvine, California 92714 (714) 263-3300 AOo, hey-in-Fact DI 113 Rev. 2/91 ., f~, ,nscq ,co , BOND NO: 190796S INITIAL PREMIUM: $3,960.00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND KNOW AI.I. MEN BY TitESE PRESENTS: That we, TASSAJARA INVESTORS, INC., A CALIFORNIA CORPORATION , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto TOWN OF DANVILLE 510 LA GONDA WAY, DANVILLE, CA 94526 as Obligce, ill the sum of TWO HUNDRED TWENTY THOUSAND AND NO/100 ($220,000.00 ..... ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. Tile CONDITION OF TIlE OBLIGATION 1S SUCH THAT: W!!EREAS, the above uamcd Principal, as a comlitiou of tile Iiling of tile final subdivision map of ('l'ract/~'J~r~}(~a~ No. 7876 TASSAJARA RIDGE entered into :m agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect, IN WITNESS WiiEREOF, tile seal and signature of said Principal is hereto affixed and the corporate seal and tile name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at SAN JOSE California, this 28TH day of DECEMBER , 19 95 TAS $/~ "IH~,INCI PAL" "S U R ETY" DEVELOPERS INSURANCE COMPANY BY: MATT DRUblRIGHTI~ ' Attorney-in-Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 Ol 113 Rev. 2/91 nscqbmco BOND NO: 190795S PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we. TASSAJARA INVESTORS, INC., A CALIFORNIA CORPORATION , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of tile laws of tile State of California and duly licensed to conduct a general surety business in tile Stale of California as Surety, .'ire held aud firmly bound tinto TOWN OF DANVILLE 510 LA GONDA WAY, DANVILLE, CA 94526 as Obligee, in the sum of Your Hundred Fort:v-Seven Thousand Five Hundred and No/10ftth~ ($ 447,500.00 ) Dollars, for which payment, well and truly to be made, we bind ou~eives, our heirs, execulors and successors, jointly and severally firmly by these presents. TIlE CONDITION OF THE OBLIGATION IS SUCIt TitAT: WHEREAS, the above named Priqcipal, has entered into an agreement or agreements which are made a part of this bond, witIt tile TOWN OF DANVITJ.E :is Obligee for lite improvenlenls in lite subdivision designated as (Tractj~Ve~No. 7876 , as required by the Government Code of California. NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails lo make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, tile Surety on Ihis bond will pay lite same, in :ill amount not exceeding lite slim specified in lilts bo,ld. This bond is executed and filed to comply with Section 66499 lhrot.gh and inchiding Section 66499.10 of the Governmenl Code of California as improvement security, and shall inure to tile benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by tile Surety. IN WITNESS W!tEREOF, the seal and signature of said Principal is hereto affixed and lite corporate seal and lite name of lite said SAN JOSE Snrely is hereto affixed and :tilested by its dtdy authorized Attorney-in-I:act at C:diforni:t, this 28Tll day of DECEMBER . 19 95 . "PRINCII'AL" "SURETY" TASSAJARA INVE,~,TORS, INC. DEVELOPERS INSURANCE COMPANY BY: Hart Drum~torney-in-Fact 17780 Filch Irvine, CA 92714 (714) 263-3300 FORM OI 112 (Rev. 5/92) ' nscq ,co BOND NO: 190796S !'REMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS PAYMENT BOND KNOW ALL MEN BY TItESE PRESENTS: That we, TASSA.TARA TNVESTOR.q· TNC., A CALTTffIRNTA C:.C)RPORATTON ,as Principal. and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of tile laws of the State of California and duly licensed to conduct a general surety business in tile State of California as Surety. are held and firmly bound tinto TOWN OF DANVTT,T.E 510 LA GONDA WAY, DANVILLE, CA 94526 as Obligee. in the sum of One Hundred Ten Thousand and No/100ths. ($ 110,000.00 ) Dollars, for which payment, well and truly to be made, we bind our.,,elves, our heirs. executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal. has entered into an agreement or agreements which are made a part of this bond, with tile TOWN OF DANVILLE as Obligee for tile improvements in the subdivision designated as (Tract/~{J(If,4~ No. 7876 . :rs required by the Government Code of California. NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor. his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety. IN WITNESS WHEREOF. the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at SAN JOSE California, this 28TIt day of DECEMBER · 19 95 . "PRINCIPAL" 'SURETY" DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvinc, CA 92714 (7 14) 263-3300 FORM 01 112 (Rev. 5/92) I:ir Ir erst e Bank Flint Intemtmte Bank of California Bay Area Real Estate Center 1320 Willow Pass Road, Suite 200 Concord, CA 94520 (510) 603-2500 January25,1996 Tass~aralnvestom, lnc C/O Pinn Brothem Construction 1475 Samtoga Avenue, Suite 250 San Jose, CA 95129 Town of Danville ATTN: Steve Lake 510 La Gonda Way Danville, CA 94526 RE: Subdivision 7876 - Tassajara Ridge Unit I Gentlemen: First Interstate Bank of California ("Bank") has approved a development loan (Loan No. 2150315) to Tassajara Investors, Inc. to complete improvements for Subdivision 7876 - Tassajara Ridge Unit I, located in the Town of Danville, CA. Upon the express condition that the Final Map is recorded, Bank will establish on its books a separate offsite account ("Oifsite Account"). This account will reflect Bank's obligation to disburse up to $2,305,000.00 from its total loan commitment to secure the cost of Offsite Improvements as set forth in the Subdivision Agreement, attached as Exhibit A. Bank agrees that the disbursements from the Offsite Account are to be used for Offsite Improvements and no other purpose. Upon prior approval of the Town of Danville and before release of the respective disbursements from the above- mentioned Offsite Account, inspection may be conducted by an authorized representative of Bank and disbursements will be made in accordance with the findings, but at no time shall such inspections or disbursements be construed to represent a warranty, "express or implied" (a) that there has been compliance with the plans and specifications; (b) that all governmental requirements are met; (c) that the construction is free from defects of workmanship; (d) that the plans and specifications are free from defects; (e) that the materials used are free from defects. Any inspections made shall be for the sole benefit of Bank and Bank shall not be required to obtain receipted bills for any of the work done or materials furnished. Bank agrees that it will disburse to the Town of Danville sums from the Offsite Account in order to permit the Town of Danville to complete and/or pay for the Offsite Improvements in accordance with the Subdivision Agreement. It is understood and agreed that Bank shall have no obligation to make such disbursements to the Town of Danville unless and until they submit a written notice to Bank that Tassajara Investors, Inc. is not making satisfactory progress completing the offsite improvements in accordance with the Subdivision Agreement. Bank may rely on such notice, may disregard any inconsistent communications from Tassajara Investors, Inc. and shall have no duty to investigate the accuracy of such notice. The accuracy of any such notice shall be a matter between the Town of Danville and Tassajara Investors, Inc. with which Bank need not be concerned. Bank's obligation to disburse shall be limited to the sum of $2,305,000.00, less any amount subject to bonded stop notices, less any ~mount previously disbursed, and less the amount of any disputed construction claims outstanding. Bank makes no assurance as to the sufficiency of the Offsite Account to complete Offsite Improvements. At such time as Bank has disbursed the total amount of its commitment with respect to the Offsite Account, Bank shall have no further obligation whatsoever to the Town of Danville. The Town of Danville will be furnished with a reconciliation of this account on a monthly basis. When all Offsite Improvements are completed and approved by the Town of Danville, any remaining amounts in said account will be disbursed in accordance with the Subdivision Agreement. RE: Subdivision 7876 - Tassajara Ridge January 25, 1996 Page 2 Except as otherwise stated herein, this is an irrevocable commitment to disburse funds. This letter shall be effective upon recordation of the Final Map for Subdivision 7876 - Tassajara Ridge Unit I and the commitment to disburse funds will expire on February 6, 1999. This agreement among the Bank, the Town of Danville and Developer may not be assigned. Sincerely, FIRST INTERSTATE BANK OF CALIFORNIA By:f.,Jbhn D. Thomason -Assistant Vice President ACCEPTED AND APPROVED. Tassajara Investors, Inc., a California Corporation By: Its: ACCEPTED AND APPROVED. TOWN OF DANVILLE: By: Its: Approved as to form. By: its: / First Interstale Sank of CaLifornia Recorded at request of: i~i:~11~?~!:i~i!i~(~'~i~iiii!name o f partyili!i! When recorded, mail to: KEYBOARD (name of party:ii~!i ........ KEYBOARD (street addres sii)?~i ........ KEYBOARD(city, state, zip)iii For Recorders Use QUITCLAIM DEED The Town of Danville does hereby quitclaim unto 7=',.'::an::r-~..~ .....~= party!~i! all that ~i~:~!ii~description of type of property!~!~! situase in the Town of Danville, County of Contra Costa, State of California, described as follows: KEYBOARD (LEGAL DESCRIPTIONfleXi containing ~'~'/ ........ ') + square feet See attached exhibit "A" for sketch Town of Danville Date ...,..,. by ~/EY~.!CAA~(M~:~yors namei!!i[i, Mayor Executed per authority granted by Town of Danville Town Council per Resolution Number ~i~i!!iienter reso #iiiiii On , before me, the undersigned, City Clerk for the Town of Danville, in the County of Contra Costa, State of California, personally appeared ~~:/~iii~iMayors namei!iil, known to me to be the Mayor of the Town of Danville, the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same. Patricia Athenour City Clerk of the Town of Danville APN: :11~::.i~i:...-i~"OD~:.....~!'~:.{APN~File Reference: g:.iEii~..~"~--~i:.i~!~Di{704-0?/st- name & proj. mhff~#;I of iii~11~::i.~11!~::~i~iiii!~enter last rage ~)